Regular Council - 19 May 2021 - Agenda — North Frontenac News Media

Published May 19, 2021

Word Count 29467 words

Reading Time 139 min read

Body: Council Type: Agenda Meeting: Regular Date: May 19, 2021 Collection: Council Agendas Municipality: Frontenac County

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Frontenac County Council Meeting Wednesday, May 19, 2021 – 9:30 a.m. Meeting to be held in Virtual Electronic Format, and live streamed on the County of Frontenac’s YouTube Channel https://youtu.be/FdMkXnYk294

Agenda Page Call to Order Closed Session Approval of Addendum Disclosure of Pecuniary Interest and General Nature Thereof

11 - 23

Adoption of Minutes a) Minutes of Meeting held April 21, 2021 Resolved That the minutes of the regular Council meeting held April 21, 2021 be adopted. Deputations and/or Presentations a)

Ms. Susan Stewart, director, Family & Community Health Division, KFL&A Public Health, will address County Council regarding Decriminalization of People Who Use Drugs. [See Motions, Notice of Which Has Been Given] Please Note: The information being presented, which the County does not have control over, is not in an accessible format but can be provided upon request

Proclamations Move into Committee of the Whole a) That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Briefings

Page 24 - 34

Mr. Kelly Pender, Chief Administrative Officer, will provide Council with his monthly CAO briefing.

35 - 41

Ms. Alison Vandervelde, Community Development Officer, will brief County Council on Open Farms 2021

42 - 49

Mr. Kelly Pender, Chief Administrative Officer, and Ms. Susan Brant, Administrator, Fairmount Home, will brief the Committee of the Whole with respect to Ontario’s Long-Term Care COVID-19 Commission Final Report. [See Information Reports from the Chief Administrative Officer, clause c)]

Unfinished Business

50 - 52

Recommend Reports from the Chief Administrative Officer a) 2021-044 Office of the Chief Administrative Officer Authorization to enter into agreements with the Province of Ontario should Applications to the COVID-19 Resilience Infrastructure Stream Funding be successful Recommendation Be It Resolved That the Council of the County of Frontenac authorize the Warden and Clerk to execute an agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Long-Term Care for COVID-19 Resilience Infrastructure Stream Funding for the Fairmount Home HVAC Replacement and Disinfection System, should the application be successful; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to execute an agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure for COVID-19 Resilience Infrastructure Stream Funding in support of Frontenac Administration Reception Redesign, should the application be successful.

Page 2 of 118

Page 53 - 62

2021-046 Corporate Services By-law for the Provision of an Administrative Monetary Penalty Process Recommendation Resolved That the Council of the County of Frontenac receive the Corporate Services –By-laws for the Provision of an Administrative Monetary Penalty Process report for information; And Further ThatCouncil pass a by-law later in the meeting to Establish a Process for Administrative Penalties.

63 - 68

Information Reports from the Chief Administrative Officer a) 2021-040 Corporate Services 2020 Reserve and Reserve Funds

69 - 70

2021-041 Fairmount Home Quarterly Update Activity Report

71 - 101

2021-045 Office of the Chief Administrative Officer Ontario’s Long-Term Care COVID-19 Commission Final Report

Reports from Council Liaison Appointees Reports from External Boards and Committees a) Kingston Frontenac Library Board Update - Councillor Revill b)

KFL&A Public Health Board Update - Deputy Warden Doyle

Housing and Homelessness Committee Update - Warden Smith

Food Policy Council of Kingston, Frontenac, Lennox and Addington Councillor Higgs

Reports from Advisory Committees of County Council

Page 3 of 118

Page 102 - 106

Report of the Community Development Advisory Committee That the Report received from the Community Development Advisory Committee be received and adopted. Report of the Community Development Advisory Committee The Community Development Advisory Committee reports and recommends as follows:

May 2021 Update on COVID-19 Response Initiatives Be It Resolved That the Community Development Advisory Committee endorses the changes to the COVID-19 Response Plan to County Council.
Open Farms 2021 Be it Resolved That the Community Development Advisory Committee endorses the direction and actions related to Open Farms outlined in Report 2021-043 And Further That County Council authorize the Warden and Clerk to complete relevant agreements associated with grant applications outlined in Report 2021-043

Return to Council a) That Council revert from Committee of the Whole Council, to Council.

Adoption of the Report of the Committee of the Whole Council a) That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Motions, Notice of Which has Been Given

Page 4 of 118

Page a)

Amendments to Reports from External Boards and Committees Moved by: Councillor Higgins Seconded by: Councillor Smith Whereas By-law 2018-0040 appoints Members of Council and Members of the Community to External Boards and Committees for the Term of Council; And Whereas Members of Council appointed to External Boards and Committees receive agendas and minutes of meetings of these External Boards and Committees. Therefore Be It Resolved That the requirement for Councillors appointed to External Boards and Committees to verbally report monthly to Council on the activities External Boards or Committees be removed unless there is something that needs County Council support; And Further That External Boards and Committees be requested to forward their meeting minutes to the Clerk to be included in the Friday Council Distribution package.

Page 5 of 118

Page b)

Support for the KFL&A Community Drug Strategy Advisory Committee’s Statement of Support For the Decriminalization of People who use Drugs Moved by: Deputy Warden Doyle Seconded by: Warden Vandewal Whereas the Kingston, Frontenac, Lennox & Addington Community Drug Strategy Advisory Committee supports the call for the decriminalization of people who use drugs, which is an evidenceinformed approach that will address the unrelenting overdose crisis in our community and will position drug use as a health issue, rather than an issue of morality, will power or criminal justice; And Whereas the KFL&A CDSAC is a cross-sector planning table that includes service providers from health, social services, and enforcement sectors and individuals with lived experience of substance use. And Whereas the KFL&A Board of Health at its meeting held on April 28, 2021, passed a motion supporting the KFL&A Community Drug Strategy Advisory Committee’s statement of support for decriminalization of people who use drugs, as well as requests that Kingston City Council, Frontenac County Council and the Council of the County of Lennox and Addington also consider endorsing it, recognizing that the opioid crisis continues to devastate communities across Canada – including locally in KFL&A; Therefore Be It Resolved That the Council of the County of Frontenac endorse and support the KFL&A Community Drug Strategy Advisory Committee’s statement of support for decriminalization of people who use drugs; And Further That a a copy of this resolution be sent to The Honourable Patty Hajdu Minister of Health, Government of Canada with copies to Mark Gerretsen, MP Kingston and the Islands, Scott Reid, MP LanarkFrontenac-Kingston, Derek Sloan, MP Hastings-Lennox and Addington, His Worship, Bryan Paterson, Mayor, City of Kingston, His Worship Ric Bresee, Warden County of Lennox & Addington, Loretta Ryan, Association of Local Public Health Agencies, and Dr. Kieran Moore, KFL&A Public Health

Page 6 of 118

Page c)

Bill 216, Food Literacy for Students Act, 2020 County of Frontenac Support for Policy Briefing Note Moved by: Councillor Higgs Seconded by: Deputy Warden Doyle Whereas the Policy Briefing Note for Bill 216, the Food Literacy for Students Act, 2020 has been finalized; and, Whereas the Policy Briefing Note examines the concept, desired competencies and links and gaps of Food Literacy, as well as sets out recommendations, considerations and opportunities for roll out; and, Whereas the Policy Briefing Note will be sent to the Food Policy Council of Kingston, Frontenac, Lennox & Addington’s government contacts in lead up to the Standing Committee hearings for Bill 216: Therefore Be It Resolved That the Council of the County of Frontenac formally support the Policy Briefing Note for Bill 216 and have the County of Frontenac added to the list of supporters.

Giving Notice of Motion Communications That Council consent to the following communications of interest to Council listed below be received and filed: a) From the Township of Springwater Regarding Clean Fuel Standards [Distributed to Members of County Council April 23, 2021] b)

From the Town of Plympton Wyoming supporting the Town of Caledon’s 3 digit suicide and crisis prevention hotline. [Distributed to Members of County Council April 23, 2021]

From the Town of Mono Regarding Cannabis Licencing and Enforcement [Distributed to Members of County Council April 23, 2021]

From the University Hospitals Kingston Foundation Regarding the County of Frontenacs Pledge for the Redevelopment Projects at KHSC [Distributed to Members of County Council April 23, 2021]

Letter of support from the Municipality of Calvin Regarding the application of the carbon tax on primary agriculture producers [Distributed to Members of County Council April 23, 2021]

Letter of Support from the Town of Cochrane Regarding Fire Departments [Distributed to Members of County Council April 23, 2021]

Page 7 of 118

Page g)

Letter of Support to the Township of Hudson from the Town of Cochrane Regarding Fire Departments [Distributed to Members of County Council April 23, 2021]

From the City of Port Colborne regarding resolution for Cannabis Licensing and Enforcement [Distributed to Members of County Council April 30, 2021]

From the Frontenac Transportation Services providing its Q1 report [Distributed to Members of County Council April 30, 2021]

From the Municipality of Tweed regarding Inclusive Service Policy Report [Distributed to Members of County Council April 30, 2021]

From the Town of Shelburne Letter to Premier - April 27-21 Support for Universal Paid Sick Days [Distributed to Members of County Council April 30, 2021]

From the Town of South Bruce Peninsula requesting support for Lottery Licensing resolution [Distributed to Members of County Council April 30, 2021]

From Councillor Higgins providing the OEMC 2021 Call for Speakers announcement [Distributed to Members of County Council May 7, 2021]

From Councillor Higgins regarding Eastern Ontario Business Journal Update [Distributed to Members of County Council May 7, 2021]

From Grey Highlands regarding a resolution supporting a 3 Digit Crisis Hotline [Distributed to Members of County Council May 7, 2021]

From KFL&A Public Health Chair to Mayor Vandewal regarding the Decriminalization of Drug Use [Distributed to Members of County Council May 7, 2021]

From KFL&A Public Health providing the CDSAC Statement of Support for the Decriminalization of drug use [Distributed to Members of County Council May 7, 2021]

From Municipality of Calvin regarding a resolution for Fire Department Support [Distributed to Members of County Council May 7, 2021]

From Municipality of Calvin regarding a resolution supporting a 3 Digit Suicide Line [Distributed to Members of County Council May 7, 2021]

From the Municipality of Leamington regarding resolution on Advocacy for Reform – MFIPPA Legislation [Distributed to Members of County Council May 7, 2021]

Page 8 of 118

Page u)

From the Southern Frontenac Community Services providing its May 2021 Newsletter [Distributed to Members of County Council May 7, 2021]

From the Town of Amhertsburg regarding a resolution with respect to Planning Act Timelines [Distributed to Members of County Council May 7, 2021]

From the Town of Perth regarding Provincial Hospital Funding of Major Capital Equipment [Distributed to Members of County Council May 7, 2021]

From the Food Policy Council of KFL&A regarding finalization of its Bill 216 Policy Brief [Distributed to Members of County Council May 7, 2021]

From the Food Policy Council of KFL&A requesting support for its Bill 216 - Policy Briefing Note [Distributed to Members of County Council May 7, 2021]

aa) From the Township of Burpee Mills regarding a resolution in support for a 988 Suicide and Crisis Prevention Hotline [Distributed to Members of County Council May 14, 2021] ab) From the Township of Georgian Bay regarding resolution supporting Road Management Action on Invasive Phragmites [Distributed to Members of County Council May 14, 2021] ac)

From the Municipality of Chatham-Kent 2021 Support MFIPPA Change [Distributed to Members of County Council May 14, 2021]

ad) From the Township of Frontenac Islands regarding a Letter in support of the Communal Services Governance Model Study [Distributed to Members of County Council May 14, 2021] ae) From the Town of Plymton-Wyoming regarding resolution Supporting Outdoor Recreation [Distributed to Members of County Council May 14, 2021] Other Business Public Question Period By-Laws – General By-laws and Confirmatory By-law

Page 9 of 118

Page a)

First and Second Reading Resolved That leave be given the mover to introduce by-laws a) through e) that have been circulated to all Members of County Council and that by-laws a) through e) be read a first and second time.

Third Reading Resolved That by-laws a) through e) be read a third time, signed, sealed and finally passed. By-Laws

107

To amend By-law No. 2013-0020 (to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings) as it relates to the expectations of Council Liaisons. [Proposed By-law No. 2021-0015]

108

To authorize the execution of an Agreement with Province of Ontario should the application to the COVID-19 Resilience Infrastructure Stream Funding for the Fairmount Home HVAC Replacement and Disinfection System be successful. [Proposed By-law No. 2021-0016]

109

To authorize the Warden and Clerk to execute an agreement with her Majesty the Queen in the right of Ontario, as represented by the Minister of Infrastructure should the application for COVID-19 Resilience Infrastructure Stream Funding in support of Frontenac Administration Reception Redesign be successful [Proposed By-law No. 2021-0017]

110 - 116

To Establish a Process for Administrative Penalties [Proposed By-law No. 2021-0018]

117 - 118

To confirm all actions and proceedings of County Council on May 19, 2021 [Proposed By-law No. 2021-0019]

Adjournment

Page 10 of 118

AGENDA ITEM #a)

Minutes of the Regular Meeting of Council April 21, 2021 A regular meeting of the Council of the County of Frontenac was held in virtual electronic format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Wednesday, April 21, 2021 and was called to order at 9:00 a.m. Regular business commenced at 9:48 a.m. There was a “Closed Meeting” of the Committee of the Whole from 9:05 am to 9:47 am. Present Electronically:

Warden Ron Vandewal, Deputy Warden Denis Doyle, Councillors Fran Smith, Ron Higgins, Bruce Higgs, Bill MacDonald, Gerry Martin and Alan Revill

Also Present Electronically:

County: Kelly Pender, Chief Administrative Officer Jannette Amini, Manager of Legislative Services/Clerk Gale Chevalier, Chief/Director of Emergency & Transportation Services Susan Brant, Administrator-Fairmount Home Joe Gallivan, Director of Planning and Economic Development Barb McCulloch, Director of Human Resources Richard Allen, Manager of Economic Development Phil Piasetzki, Deputy Treasurer

Closed Session Motion #: 59-21

Moved By: Seconded By:

Deputy Warden Doyle Councillor Smith

Resolved That Council resolve itself into Committee of the Whole closed session as authorized under Section 239 of The Municipal Act, to consider:

Adoption of Closed Minutes of Meetings held March 17, 2021
Labour relations or employee negotiations - as it relates to upcoming negotiations with CUPE Local 109 and OPSEU Local 462 Carried Motion #: 60-21

Moved By: Seconded By:

Councillor Higgs Councillor MacDonald

Resolved That Council rise from Committee of the Whole closed session without reporting. Carried

Page 1121, of 2021 118 Minutes of Meeting held April

AGENDA ITEM #a)

Approval of Addendum Motion #: 61-21

Moved By: Seconded By:

Councillor Higgs Councillor Martin

Resolved That the addendum for the April 21, 2021 meeting of the Council of the County of Frontenac be approved. Carried (a 2/3 vote was received) Disclosure of Pecuniary Interest and General Nature Thereof There were none. Adoption of Minutes a)

Minutes of Meeting held March 17, 2021

Motion #: 62-21

Moved By: Seconded By:

Councillor Higgins Deputy Warden Doyle

Resolved That the minutes of the regular Council meeting held March 17, 2021 be adopted. Carried Deputations and/or Presentations a)

Mr. Howard Allen, Allen Chartered Accountants addressed County Council regarding the audit findings report for the year ended December 31, 2020. [See Recommend Reports from the Chief Administrative Officer, clause a)]

Warden Vandewal made a presentation to Councillor Fran Smith in recognition of her support for improved internet and cell coverage #inFrontenac County. Proclamations

Volunteer Week April 18 – 24, 2021

Motion #: 63-21

Moved By: Seconded By:

Councillor Smith Councillor Higgs

Whereas the value of one sharing their time, the power of many contributing to healthy aging, improving quality of life and providing a sense of wellbeing;

Regular Meeting of Council Minutes April 21, 2021

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Page 2 of 13

AGENDA ITEM #a)

And Whereas this past year has been challenging for our volunteers who have both stepped up and stepped back to keep our community safe. Therefore Be It Resolved That the Council of the County of Frontenac hereby proclaim April 18 – 24, 2021 to be National Volunteer Week in the County of Frontenac, with the theme #VolunteersBringChange; And Further That the County of Frontenac celebrate and thank each of our volunteers for their commitment to others! Carried b)

Emergency Preparedness Week May 2 to May 8, 2021 Motion #: 64-21 Moved By: Councillor MacDonald Seconded By: Councillor Revill Whereas the Council of the County of Frontenac recognizes the importance of everybody being prepared for emergencies; And Whereas the goal of Emergency Preparedness Week is to raise community awareness and the need to prepare for the possibility of an emergency; And Whereas the safety of our community is the responsibility of each and every one of us, we must prepare now and learn how to secure a strong and healthy tomorrow; Now Therefore Be It Resolved That the Council of the County of Frontenac hereby proclaim the week of May 2 to May 8, 2021, to be Emergency Preparedness Week throughout the County of Frontenac with the theme of “Emergencies can happen anytime - Are you Ready” And Further That all citizens are encouraged to make a plan, build a kit, stay informed, and to participate in educational activities on emergency preparedness. Carried c)

Nursing Week May 10 – 16, 2021 Motion #: 65-21 Moved By: Seconded By:

Councillor Martin Councillor Higgins

Whereas May 12 commemorates the birthday of nursing pioneer Florence Nightingale; And Whereas nurses are leaders and part of a strong interdisciplinary health care team at Fairmount Home; And Whereas nurses are part of our local community and shape and deliver effective interventions to meet the needs of our residents, families and communities;

Regular Meeting of Council Minutes April 21, 2021

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AGENDA ITEM #a)

Therefore Be It Resolved That the week of May 10 to May 16, 2021 be proclaimed Nursing Week in the County of Frontenac with the theme of “We Answer The Call” to showcase the many roles that nurses play in a patient’s health-care journey. Carried d)

Personal Support Worker (PSW) Day May 19, 2021 Motion #: 66-21 Moved By: Deputy Warden Doyle Seconded By: Councillor Smith Whereas the Canadian PSW Network promotes support and advocacy for PSWs across Ontario that offers support for mental health, education, resources and strength to our community’s most invaluable PSWs; And Whereas the Canadian PSW Network advocates that PSWs are the ones who take care of our community’s seniors and most vulnerable every day while they live, work and raise their own families; And Whereas the Canadian PSW Network takes action to improve the PSWs access to affordable education, resources and increased awareness to the public of the importance of the role that the PSW plays in our communities in the care of our community’s loved ones; And Whereas the Canadian PSW Network actively encourages everyone to join in recognizing the monumental importance of the Personal Support Workers who provide the utmost of care, respect and dignity to our community’s most vulnerable and acknowledge that the work and services they provide selflessly every day are truly invaluable, especially during the current crisis they are faced with in this Global Pandemic; Therefore Be It Resolved That the Council of the County of Frontenac hereby proclaim May 19, 2021 to be “Personal Support Worker (PSW) Day” in the County of Frontenac. Carried e)

Paramedic Services Week Paramedic as Educator – Citizen Ready May 23 to May 29, 2021

Motion #: 67-21

Moved By: Seconded By:

Councillor Higgs Councillor MacDonald

Whereas each year the paramedics of Frontenac Paramedic Services will respond to approximately 22,000 calls for assistance from the public; And Whereas the paramedics are ready to provide lifesaving care to those in need 24 hours a day, 7 days a week, 365 days a year;

Regular Meeting of Council Minutes April 21, 2021

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Page 4 of 13

AGENDA ITEM #a)

And Whereas access to quality emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; And Whereas the members of paramedic services teams, engage in thousands of hours of specialized training and continuing education to enhance their life saving skills; And Whereas the members of paramedic services teams often find themselves in dangerous and traumatic situations requiring spontaneous decision-making; And Whereas the members of paramedic services teams provide a vital pre-hospital service to the residents of the geographic area of the County of Frontenac and the City of Kingston; Therefore Be It Resolved That the week of May 23 to May 29, 2021 be proclaimed Paramedic Services Week in the County of Frontenac with the theme of “Paramedic as Educator – Citizen Ready” which demonstrates the important role that paramedics play as educators to the public. Carried Move into Committee of the Whole Motion #: 68-21

Moved By: Seconded By:

Councillor Revill Councillor Martin

That Council adjourn and meet as Committee of the Whole Council, with the Deputy Warden in the Chair. Carried Briefings a)

Mr. Kelly Pender, Chief Administrative Officer, provided Council with his monthly CAO briefing. Unfinished Business Recommend Reports from the Chief Administrative Officer

2021-031 Corporate Services 2020 County of Frontenac Audited Financial Statements

Motion #: 69-21

Moved By: Seconded By:

Councillor Higgins Councillor Smith

Resolved That the Council of the County of Frontenac receive the Corporate Services 2020 Audited Financial Statements report; And Further That the Council of the County of Frontenac approve the 2020 Audited Financial Statements of the Corporation of the County of Frontenac. Carried Regular Meeting of Council Minutes April 21, 2021

Page 1521, of2021 118 Minutes of Meeting held April

Page 5 of 13

AGENDA ITEM #a)

2021-032 Planning and Economic Development Authorization to enter into a contribution agreement with the Province of Ontario (ICIP Community, Culture & Recreation Stream)

Motion #: 70-21

Moved By: Councillor MacDonald Seconded By: Councillor Higgs Whereas an application was filed with the Investing in Canada Infrastructure Program Community, Culture & Recreation Stream in November of 2019; Be It Resolved That the CAO be authorized to enter into an agreement with the Province of Ontario should the said application be successful. And Further That$88,331.04 from the accessibility reserve be allocated for the County 2021-22 contribution to this project should the said application be successful Carried c)

2021-034 Corporate Services Direction to proceed with the investigation and implementation of Bylaws for the Provision of an Administrative Monetary Penalty Process

Motion #: 71-21

2021-035 Office of the Chief Administrative Officer Frontenac Regional Roads Network – KPMG Final Report Motion #: 72-21 Moved By: Councillor Higgins Seconded By: Warden Vandewal Be It Resolved that the Frontenac Regional Roads Network – KPMG Final Report be received; And Further That the Council of the County of Frontenac forward the report to each of the member municipalities for their review and action; And Further That the County provide the report to the Ministry of Municipal Affairs and Housings advising that any further action will be at the discretion of the member municipalities; And Further That County involvement in this project moving forward be at the request of the member municipalities. Carried Regular Meeting of Council Minutes April 21, 2021

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AGENDA ITEM #a)

2021-036 Planning and Economic Development Communal Service Governance/Operations Model Review Committee – Creation of a Municipal Services Corporation Motion #: 73-21 Moved By: Councillor Smith Seconded By: Councillor Higgs Resolved That the Council of the County of Frontenac receive and approve the ‘Communal Services Governance Model – Final Report’ (03 March 2021) prepared by WSP consulting; And Further That Council endorse the recommendations of the Communal Service Governance/Operations Committee to create a Municipal Service Corporation (MSC) to manage communal service development across Frontenac, and that each Township invest in the MSC using a weighted assessment model; And Further That Council send this recommendation to each Township for consideration in May, 2021. Carried As Amended (See Motion to Amend below which was Carried) Motion to Amend Motion #: 74-21

Moved By: Seconded By:

Councillor Revill Councillor Higgins

Be It Resolved That the motion be amended by deleting “and endorsement” in the final resolve clause. Carried Information Reports from the Chief Administrative Officer a) b)

2021-033 Fairmount Home Resident and Family Annual Satisfaction Survey 2020 2021-037 Corporate Services Queen’s University Archives Annual Report to the County of Frontenac for 2020 2021-038 Office of the Chief Administrative Officer Annual Complaints Handling Report Reports from Council Liaison Appointees

Emergency and Transportation Services - Councillor Higgs

Councillor Higgs provided an overview of the Emergency and Transportation Services liaison activities since the last Council meeting. Regular Meeting of Council Minutes April 21, 2021

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Page 7 of 13

AGENDA ITEM #a)

Long Term Care (Fairmount Home) - Councillor Martin

Councillor Martin provided an overview of the Long Term Care (Fairmount Home) liaison activities since the last Council meeting. c)

Corporate Services - Councillor MacDonald

No Report. d)

Planning and Economic Development - Councillor Revill

Councillor Revill provided an overview of the Planning and Economic Development liaison activities since the last Council meeting. Reports from External Boards and Committees a)

Kingston Frontenac Library Board Update - Councillor Revill

Councillor Revill provided an overview of the Kingston Frontenac Library Board activities since the last Council meeting. b)

KFL&A Public Health Board Update - Deputy Warden Doyle

Deputy Warden Doyle provided an overview of the KFL&A Public Health Board activities since the last Council meeting. c)

Housing and Homelessness Committee Update - Councillor Smith

Councillor Smith provided an overview of the Housing and Homelessness Advisory Committee activities since the last Council meeting. d)

Food Policy Council of Kingston, Frontenac, Lennox and Addington Councillor Higgs

Councillor Higgs provided an overview of the Food Policy Council of Kingston, Frontenac, Lennox and Addington activities since the last Council meeting. Reports from Advisory Committees of County Council Return to Council Motion #: 75-21

Moved By: Seconded By:

Councillor Revill Councillor MacDonald

That Council revert from Committee of the Whole Council, to Council. Carried

Regular Meeting of Council Minutes April 21, 2021

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Page 8 of 13

AGENDA ITEM #a)

Adoption of the Report of the Committee of the Whole Council Motion #: 76-21

Moved By: Seconded By:

Deputy Warden Doyle Councillor Martin

That the report of the Committee of the Whole Council be adopted and that the necessary actions or by-laws be enacted. Carried Motions, Notice of Which has Been Given a)

Amendments to Councillor Liaison Reports to Council

Motion #: 77-21

Moved By: Seconded By:

Warden Vandewal Councillor Higgins

Whereas Procedural By-law 2013-0020, Schedule D – Council Liaisons sets out the purpose of Council Liaisons to act as a conduit between Council and senior leadership and to be the primary spokesperson for issues related to the operation of the department and direction; And Whereas Schedule D also sets out the expectations of Council Liaisons, with one being to provide on a monthly basis, an overview of the Departmental activities to County Council. Therefore Be It Resolved That Procedural By-law 2013-0020, Schedule D, Expectations be amended to: delete the requirement for providing a monthly overview of the Departmental activities unless there is something that needs county council support. Carried as Amended (See Motion to Amend below which was Carried) Motion to Amend Motion #: 78-21

Moved By: Seconded By:

Councillor Higgins Councillor MacDonald

Be It Resolved That the motion be amended by deleting Option 1. Carried Giving Notice of Motion a)

Councillor Higgins and Councillor Smith provided a notice of motion for the May Council meeting to eliminate the requirement of verbal Update Reports from External Boards and Committees

Regular Meeting of Council Minutes April 21, 2021

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AGENDA ITEM #a)

Communications That Council consent to the following communications of interest to Council listed below be received and filed: a) b) c) d) e) f) g) h) i) j) k) l) m) n) o)

From the Township of South Glengarry regarding Resolution concerning the Provincial Rollout of COVID-19 vaccines [Distributed to Members of County Council March 19, 2021] From the Municipality of Tweed Regarding Advocacy for Reform of Joint and Several Liability [Distributed to Members of County Council March 19, 2021] Letter of Support from the Municipality of Leamington Regarding the Ontario Fire College [Distributed to Members of County Council March 19, 2021] From Jacalyn Duffin, Concerned Citizen Regarding allowing motorized vehicles on the K&P Trail [Distributed to Members of County Council March 19, 2021] From the Muskoka District Council requesting the Province to reverse its decision to close the Ontario Fire College [Distributed to Members of County Council March 19, 2021] From EORN providing a 5G Resource Guide that EORN [Distributed to Members of County Council March 19, 2021] From the Ontario Recreation Facilities Association Inc. regarding Open Letter to ORFA Members and Industry Employers [Distributed to Members of County Council March 19, 2021] From the Town of Plympton-Wyoming Supports Norfolk County resolution regarding Carbon Tax [Distributed to Members of County Council March 19, 2021] From the Town of Plympton-Wyoming Supporting the Town of Gravenhurst resolution on the Ontario Fire College [Distributed to Members of County Council March 19, 2021] From the Town of Plympton-Wyoming Supporting the City of Sarnia resolution for Colour Coded Capacity Limits [Distributed to Members of County Council March 19, 2021] From the Municipality of Grey Highlands Regarding the Ontario Fire College [Distributed to Members of County Council March 26, 2021] From the Niagara Region Regarding Homelessness, Mental Health and Addiction in Niagara [Distributed to Members of County Council March 26, 2021] From the Town of Fort Erie regarding support of Sarnia resolution on Colour Coding and adjusting capacity limits [Distributed to Members of County Council March 26, 2021] From the Town of Fort Erie regarding support of Township of Brock resolution on Cannabis licensing and enforcement [Distributed to Members of County Council March 26, 2021] From the Town of Fort Erie regarding support of the Town of Lincoln resolution for McNally House Hospice End of Life [Distributed to Members of County Council March 26, 2021]

Regular Meeting of Council Minutes April 21, 2021

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AGENDA ITEM #a)

p) q) r) s) t) u) v) w) x) y) z) aa)

ab) ac) ad) ae) af)

From the Town of Fort Erie regarding support of Niagara Region for Homelessness, Mental Health, and Addiction [Distributed to Members of County Council March 26, 2021] From the Township of Edwardsburgh Cardinal regarding resolution respecting the Closure of Ontario Fire College [Distributed to Members of County Council March 26, 2021] From the City of Owen Sound regarding support of the Municipality of West Grey resolution for Municipal Insurance Rate [Distributed to Members of County Council March 26, 2021] From the Municipality of Calvin regarding a resolution in support of Universal Paid Sick Days [Distributed to Members of County Council March 26, 2021] Email from Sarah Keyes regarding Bill 216 - Policy Briefing Note requesting input and support [Distributed to Members of County Council March 26, 2021] From the Township of Pickle Lake regarding a resolution requesting changes to the Municipal Elections Act [Distributed to Members of County Council March 26, 2021] Resolution from the Municipality of Calvin Regarding Universal Paid Sick Days [Distributed to Members of County Council April 2, 2021] Resolution from the Town of Orangeville Regarding Bill 257 [Distributed to Members of County Council April 2, 2021] From the Town of Kingsville Regarding Bill C-21 [Distributed to Members of County Council April 2, 2021] From the Township of Hudson regarding resolution of Support for Fire Departments [Distributed to Members of County Council April 2, 2021] Letter from the City of Kitchener regarding a resolution concerning Planning Act Timelines [Distributed to Members of County Council April 2, 2021] From the Minister of the Solicitor General regarding County of Frontenac 2020 Compliance results under the Emergency Management and Civil Protection Act (EMCPA) [Distributed to Members of County Council April 2, 2021] From Eastern Ontario Wardens’ Caucus Regarding Broadband Funding Commitment [Distributed to Members of County Council April 2, 2021] Kingston & Frontenac Housing Corporation Annual Occupancy Report ending December 31, 2020 [Distributed to Members of County Council April 2, 2021] Letter of resignation by Barrie Gilbert from the Community Development Advisory Committee (CDAC) [Distributed to Members of County Council April 2, 2021] Letter of resignation by Mary Kloosterman from the Community Development Advisory Committee (CDAC) [Distributed to Members of County Council April 2, 2021] From Daryl Krampco regarding updates on Food Literacy for Students and

Regular Meeting of Council Minutes April 21, 2021

Page 2121, of2021 118 Minutes of Meeting held April

Page 11 of 13

AGENDA ITEM #a)

ag) ah) ai) aj) ak) al) am) an) ao) ap) aq)

Bill 216 [Distributed to Members of County Council April 2, 2021] From the Town of Caledon providing Letter to Minister Hajdu in Support for 988 a 3-digit Suicide and Crisis Prevention Hotline [Distributed to Members of County Council April 9, 2021] From the Town of Caledon providing Letter to Premier Ford regarding Ontario Fire College Closure [Distributed to Members of County Council April 9, 2021] Letter of Support from the Town of Amherstburg Regarding Universal Paid Sick Days in Ontario [Distributed to Members of County Council April 9, 2021] Letter of Support from the Town of Amherstburg Regarding Amendments to the Agricultural Tile Drainage Installation Act. [Distributed to Members of County Council April 9, 2021] Southern Frontenac Community Services April 2021 Newsletter [Distributed to Members of County Council April 9, 2021] From the Township of Lake of Bays to the City of Sarnia supporting its resolution in support of Colour Coded Capacity Limits [Distributed to Members of County Council April 9, 2021] Letter of Support from the Township of Zorra Regarding Reform of Joint and Several Liability [Distributed to Members of County Council April 9, 2021] Letter of Support from the Township of Essa Regarding Bill 257, Schedule C [Distributed to Members of County Council April 16, 2021] From the Township of Frontenac Islands requesting release of Gas Tax Funding Double Up [Distributed to Members of County Council April 16, 2021] Letter from the City of Kitchener Regarding Planning Act Timelines [Distributed to Members of County Council April 16, 2021] From the Township of Springwater Regarding Clean Fuel Standard [Distributed to Members of County Council April 16, 2021]

Other Business Public Question Period By-Laws – General By-laws and Confirmatory By-law a)

First and Second Reading

Motion #: 79-21

Moved By: Seconded By:

Councillor Martin Councillor Revill

Resolved That leave be given the mover to introduce by-laws a) and b) that have been circulated to all Members of County Council and that by-laws a) and b) be read a first and second time. Carried

Regular Meeting of Council Minutes April 21, 2021

Page 2221, of2021 118 Minutes of Meeting held April

Page 12 of 13

AGENDA ITEM #a)

Third Reading

Motion #: 80-21

Moved By: Seconded By:

Councillor Martin Councillor Revill

Resolved That by-laws a) and b) be read a third time, signed, sealed and finally passed. Carried By-Laws a)

To authorize the execution of an Agreement with Province of Ontario should the application to the Investing in Canada Infrastructure Program Community, Culture & Recreation Stream for the purpose improving access, safety and amenities along the K&P Trail. [Proposed By-law No. 2021-0013] To confirm all actions and proceedings of County Council on April 21, 2021 [Proposed By-law No. 2021-0014] Adjournment

Motion #: 81-21

Moved By: Seconded By:

Councillor Higgins Councillor Smith

That the meeting hereby adjourn at 11:22 a.m. Carried

Ron Vandewal, Warden

Regular Meeting of Council Minutes April 21, 2021

Page 2321, of2021 118 Minutes of Meeting held April

Jannette Amini, Clerk

Page 13 of 13

May 19, 2021 Report 2021-05

Page 24 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

Administrative Report

AGENDA ITEM #a)

Page 25 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

CAO Schedule • • • • • • •

•

AGENDA ITEM #a)

• • • •

County Council April 21 Provincial- Municipal Covid19 MOU Technical Working Group, April 23 CAO Working Group Meeting, Long Term Care, April 29 Arbitration May 4 EOLC Meeting, May 5 AdvantAge Ontario, May 6 Provincial- Municipal Covid19 MOU Technical Working Group, May 11 OMAA Spring Symposium, May 13 EOWC Wardens Meeting, May 14 EOWC Meeting with Eastern Ontario MP’s May 14 AMO Long Term Care Covid19 Commission Working Group, May 14 County Council, May 19

• EOWC Wardens Meeting, May 14

Page 26 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

Update – EOWC and EOLC

AGENDA ITEM #a)

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Update – EORN • Letter from E. Ontario Mayors, Reeves and Wardens submitted to Provincial and Federal Governments • EORN and Rogers will provide an update on the EORN Cell Gap Project at a Joint Council Meeting on June 23, 2021 at 5:00 p.m. via Zoom. AGENDA ITEM #a)

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AMO Provincial Matters • The Ontario Community Environment Fund provides grants to projects that protect and restore the environment. Municipalities and other eligible groups may apply for grants by 5 p.m., June 23, 2021.

AGENDA ITEM #a)

Page 29 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

Communications Update April, 2021 Website Pageviews FrontenacCounty.ca InFrontenac.ca FrontenacMaps.ca

24,999 6,098 7,125

The top post on social media in April was a public service announcement video from Frontenac Paramedics about Personal Protective Equipment.

Social Media Engagement 3,681 447 105 2.665 1,171 164

Total engagements % Change from prev

46,455

AGENDA ITEM #a)

County Facebook County Twitter County Instagram FPS Twitter Fairmount Facebook H.I. Ferry Twitter

Page 30 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

Communications Update Another top performer on County channels in April was a general interest post about International Dark Sky Week promoting the North Frontenac Dark Sky Preserve for its relative ease of access.

AGENDA ITEM #a)

Four of the five Bang-the-Table hubs on Engage Frontenac.ca are now live. We continue to seek, plan, and build suitable project material for publication there in the coming weeks and months.

Page 31 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

Planning Department Update South Frontenac – Willowbrook Subdivision • Phase 2 of the Willowbrook Subdivision is scheduled for a public meeting at the Planning Advisory Committee on June 9.

•

Central Frontenac New Official Plan • The final open house for the Official Plan was held on April 28. The statutory public meeting for the Official Plan will be held at a special Township Council meeting on May 18.

•

North Frontenac – Local Planning Appeal Tribunal (LPAT) Hearings • Two recent LPAT hearings for appeals were held virtually: (1) the settlement hearing for the Simmons minor variance; and, (2) the re-zoning hearing for the Smarts Marina boat storage site.

•

Frontenac Islands Development Charges By-Law • Staff will be assisting the Township with a new development charges by-law.

•

Communal Services Governance Committee • The final report was presented to County Council on April 21. The consultant will be making presentations to each of the Township councils in May.

AGENDA ITEM #a)

•

Page 32 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

Planning Application Update - Townships 15

•

North and Central Frontenac continued to see a large number of applications in April and May. A large percentage of applications over the winter were deferred because septic inspections could not be done.

13 12 11 10

9 8 7 6 5 4

3 2 1

0 North Frontenac

Central Frontenac Number of Applications

Frontenac Islands

AGENDA ITEM #a)

Number of inquiries across all townships continues to be high with interest in severances, purchasing and renovating residential properties, and newcomers to the area interested in opening a business.

Page 33 of 118 Officer, will provide Council wi… Mr. Kelly Pender , Chief Administrative

2021 HR Update Welcome to new hires, Corporate Services – Kate Baki, Project Reporting Assistant – Matthew Schnarr, Network Administrator – Jasmin Ignas, Administrative Clerk, Corporate Services (maternity leave) – Kaitlyn Knapp, Temporary Full-Time Project and Policy Coordinator – Chris Watters, Temporary Full-Time Business Analyst – Aaron Matheson, Temporary Full-time Service Desk Analyst position

Bargaining prep for OPSEU and Marine Services 15 part time paramedics commencing in May 217 competitions as at May 6 Participated in or lead 12 investigations YTD

AGENDA ITEM #a)

• • • •

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Admin Office Project • CRCA approved continuing with the joint project – onto the next phase. Detailed design and cost estimates • Material costs continue to increase • In preparation for a site plan amendment, preapplication meetings have been held with the City of Kingston – City may be seeking a road widening for Battersea Rd. which may necessitate design/location changes for the Council Chambers – An archeological study has been commissioned

AGENDA ITEM #a)

• A task force meeting will be scheduled when outstanding issues have been finalized

September 10 - 12

Page 35 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

Open Farms 2021

AGENDA ITEM #b)

Page 36 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

Goals Grow our region’s reputation as a local food destination

Provide the opportunity for producers to connect directly with consumers

Provide the opportunity for producers to start new longterm relationships with customers, restaurants, and other producers

Increase awareness of farms and restaurants that serve local food

Educate consumers about small scale agriculture

AGENDA ITEM #b)

Page 37 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

A hybrid event: virtual and in-person Friday, Sept 10

Saturday, Sept 11

Sunday, Sept 12

Virtual School Q&A Sessions Virtual Farm Tours + Food Sessions Open Farms Feature Menus Virtual Engagement Platform Farm Tours

A Showcase of Regional Farmers’ Markets • Frontenac Farmers Market at Centennial Park • The Market at Wolfe Island Commons Wolfe Island Plowing Match (Tentative)

Frontenac County Plowing Match (Tentative)

AGENDA ITEM #b)

South Frontenac Museum

Page 38 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

Partners

City of Kingston South Frontenac Museum Frontenac Farmers’ Market Sharbot Lake Farmers’ Market

• • • •

The Market at Wolfe Island Commons National Farmers Union Local 316 Frontenac Federation of Agriculture Frontenac County Plowmen’s Association

AGENDA ITEM #b)

• • • •

Page 39 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

Reconnect Festival Grant • Intended to help create great Ontario staycation experiences for visitors and to stimulate local community economic development and recovery • Announcement expected in “early summer” • Plans depend on funding

AGENDA ITEM #b)

Page 40 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

Risks Risk

Implications

Contingency

No funding

Human and financial resources are reduced

Put upper limits on and/or roll back some event components

Fourth wave of COVID-19

Gatherings are significantly limited and/or impossible

Scale back or cancel in-person events, scale up virtual components

Open Dialogue with KFL&A Public Health: • “Plan for the best and prepare for the worst”

AGENDA ITEM #b)

• Planning for an outdoor event of this scale in September is reasonable

Page 41 of 118Development Officer, will brief Count… Ms. Alison Vandervelde , Community

Long-term outlook: A local food destination • Farmers see Frontenac as a desirable region to establish new agricultural operations • The region sees increased interest from food and beverage businesses because of the thriving local food industry

• New culinary and agri-tourism products increase the viability of established and new agriculture operations AGENDA ITEM #b)

• Visitors want to travel here specifically for experiences related to local food

Page 42 of 118 Officer, and Ms. Susan Brant , A… Mr. Kelly Pender , Chief Administrative

Council Briefing

Ontario’s Long-Term Care (LTC) COVID-19 Commission Final Report

AGENDA ITEM #c)

Prepared by the The Honourable Frank N. Marrocco, Chair Angela Coke, Commissioner Dr. Jack Kitts, Commissioner April 30, 2021

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LTC Commission Overview • Investigate impact of virus in LTCH • Impact on residents, staff, volunteers and family members • Recommendations to prevent future spread of disease in LTCH • Outlines the state of the LTC sector and pandemic preparedness before COVID-19 AGENDA ITEM #c)

Page 44 of 118 Officer, and Ms. Susan Brant , A… Mr. Kelly Pender , Chief Administrative

LTC Commission Investigation • September 2020 – March 2021 • Interview residents, staff, families, hospitals, LTC licensees, public health units, inspectors, government officials, experts, etc… • Actions and inactions that contributed to the devastation in LTCH during the pandemic AGENDA ITEM #c)

Page 45 of 118 Officer, and Ms. Susan Brant , A… Mr. Kelly Pender , Chief Administrative

LTC Commission Interim Recommendations • First Interim Report October 23, 2020 • Second Interim Report December 4, 2020

AGENDA ITEM #c)

Page 46 of 118 Officer, and Ms. Susan Brant , A… Mr. Kelly Pender , Chief Administrative

LTC Commission Findings • Ontario was not prepared for a pandemic • Poor state of LTC sector • Recommendations to prevent future spread of disease in LTCH • Outlines the state of the LTC sector and pandemic preparedness before COVID-19 AGENDA ITEM #c)

Page 47 of 118 Officer, and Ms. Susan Brant , A… Mr. Kelly Pender , Chief Administrative

LTC Commission Final Recommendations

AGENDA ITEM #c)

• Final Report April 30, 2021 • 85 recommendations that will require additional funding, legislative amendments and additional supports • The staff report in the agenda sets out the 85 recommendations and compares them to the recommendations contained in the EOWC report, plus Fairmount context where appropriate

Page 48 of 118 Officer, and Ms. Susan Brant , A… Mr. Kelly Pender , Chief Administrative

LTC Future • Complex resident care needs • LTC funding system • Demand for LTC continues to grow • Staffing shortages

AGENDA ITEM #c)

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AGENDA ITEM #c)

AGENDA ITEM #a)

Report 2021-044 Council Recommend Report To:

Warden and Council of the County of Frontenac

From:

Kelly Pender, Chief Administrative Officer

Prepared by:

Kelly Pender, Chief Administrative Officer

Date of meeting:

May 19, 2021

Re:

Office of the Chief Administrative Officer – Authorization to enter into agreements with the Province of Ontario should Applications to the COVID-19 Resilience Infrastructure Stream Funding be successful

Recommendation Be It Resolved That the Council of the County of Frontenac authorize the Warden and Clerk to execute an agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Long-Term Care for COVID-19 Resilience Infrastructure Stream Funding for the Fairmount Home HVAC Replacement and Disinfection System, should the application be successful; And Further That the Council of the County of Frontenac authorize the Warden and Clerk to execute an agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure for COVID-19 Resilience Infrastructure Stream Funding in support of Frontenac Administration Reception Redesign, should the application be successful. Background On October 28, 2020, the Province of Ontario launched the COVID-19 Resilience Infrastructure Stream, providing up to $1.05 billion in combined federal-provincial funding to build or renovate health and safety related projects in long-term care, education and municipalities. The funding is part of the federal government’s Investing in Canada Infrastructure Program and reinforces the commitment of both the federal and provincial governments to protect the health and well-being of individuals and families during the pandemic. The flexibility the new COVID-19 Resilience stream will provide to communities and organizations will make it possible for communities to get shovel-ready projects underway sooner, allowing the kick-start of local economies. The COVID-19 Resilience stream will deliver:

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AGENDA ITEM #a)

 Up to $700 million for education-related projects to be nominated and administered by the Ministry of Education;  An allocation-based program that will deliver $250 million to municipalities to address critical local infrastructure needs, including $6.5 million that will be directed toward Indigenous and on-reserve education, through the Ministry of Infrastructure in collaboration with the Ministries of Education and Indigenous Affairs; and  Up to $100 million for long-term care projects to be identified and administered by the Ministry of Long-Term Care. At the November 16, 2020 regular meeting, Council authorized the submission of a grant application under the $250 million tranche to municipalities to address critical local infrastructure needs. At the December 16, 2020 regular meeting, Council also authorized the submission of a grant application under the $100 million dollar tranche for Long-Term Care for a project for the benefit of Fairmount Home Eligible projects must begin by September 30, 2021 and be completed by December 31, 2021. Additional details about the COVID-19 Resilience stream and intake opening dates will be available in the days and weeks ahead. Comments As a result of the resolutions passed by County Council at the November 16, and the December 16, 2020 meetings, an application was submitted to the COVID-19 Resilience Infrastructure Stream Funding in support of a small aspect of the Joint Administrative Building project, that being the lobby/waiting area which would meet the criteria of the project being related to supporting physical distancing. In addition, an application was submitted to the COVID-19 Resilience Infrastructure Stream Funding for Long-Term Care for the Fairmount Home HVAC system which currently uses outdated technology and is at the end of its useful life, as this grant program provides good alignment between its scope and fulfilling a need for the home. Should the County be successful in its applications, it will be required to execute funding agreements with Her Majesty the Queen in Right of Ontario. As such, staff are requesting Council authorization to allow the execution of any funding agreements, should the applications be successful. Strategic Priorities Implications Priority 2 2.1

Explore new funding sources and invest wisely in critical long-term infrastructure.

To meet the needs of future capital projects, explore new sources of funding support (current and future programs), cost-sharing options and other potential economies.

Recommend Report to Council Office of the Chief Administrative Officer – Authorization to enter into agreements with the Province of Ontario Should Applications to the COVID-19 Resilience Infrastructure Stream Funding be successful May 19, 2021 Page 2 of 3

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AGENDA ITEM #a)

2.4

Finalize plans and financing to replace/construct/renovate aging County buildings now used for administration services (through a shared administrative facility if possible).

Priority 3

3.3

Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of individual mandates and jurisdictions.

Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services.

Financial Implications Not-for-profit long-term care homes will not be required to cost-share under this stream. The federal government will cover up to 80% of the total eligible costs associated with any approved project and the provincial government will cover up to 20%. The estimated cost of this project is $1,177,280. Any overruns would be the responsibility of the County. In terms of the Frontenac Administration Reception Redesign, the County would be eligible to receive grant funding up to $100,000 which will reduce the financial impact of the Joint Administrative Building redevelopment project. Organizations, Departments and Individuals Consulted and/or Affected Phil Piasetzki, Acting Director of Corporate Services/Treasurer

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AGENDA ITEM #b)

Report 2021-046 Recommend Report to Council To:

Warden and Members of County Council

From:

Kelly Pender, Chief Administrative Officer

Prepared by:

Jannette Amini, Manager of Legislative Services/Clerk

Date of meeting:

May 19, 2021

Re:

Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process

Recommendation Resolved That the Council of the County of Frontenac receive the Corporate Services –By-laws for the Provision of an Administrative Monetary Penalty Process report for information; And Further That Council pass a by-law later in the meeting to Establish a Process for Administrative Penalties. Background Under the Emergency Management and Civil Protection Act, the County has authority to declare an emergency and make orders respecting the health, safety and welfare of persons in the municipality. While the EMCPA contains provisions for orders issued by the Province, including creating offences for failing to comply with Provincial orders, any contravention of these offences are enforced through the Provincial Offences Act. Section 11 of the Municipal Act, 2001, provides that a municipality may pass by-laws respecting the economic, social and environmental well-being of the municipality; the health, safety and well-being of persons; and the protection of persons and property. The issuance of orders during a declared emergency is a matter that fits within this authority. In addition Part XIV of the Municipal Act provides a municipality with the authority to create offences, set penalties and enforce its by-laws under the Act. At its regular meeting held April 21, 2021, Council received Report 2021-034, Corporate Services – Direction to proceed with the investigation and implementation of

2021-046 Corporate Page 53 of of118 Services By-law for the Provision an Administrativ…

AGENDA ITEM #b)

By-laws for the Provision of an Administrative Monetary Penalty Process which pointed out a number of by-laws and policies that the County has, or is in the process of developing, that place restrictions or require compliance by users; and that Administrative Monetary Penalties are an increasingly popular enforcement mechanism, as they are administered by municipal staff and independent hearing officers, resulting in a more efficient process than traditional prosecutions. As a result, the following motion was passed, being Recommend Reports from the Chief Administrative Officer, clause c): c)

2021-034 Corporate Services Direction to proceed with the investigation and implementation of Bylaws for the Provision of an Administrative Monetary Penalty Process

Motion #: 71-21

Moved By: Councillor Martin Seconded By: Councillor Revill Resolved That the Council of the County of Frontenac receive the Corporate Services – Direction to proceed with the investigation and implementation of By-laws for the Provision of an Administrative Monetary Penalty Process report for information; And Further That staff report back to Council no later than June, 2021 for Council’s consideration, with provisions for a by-law respecting Enforcement of Orders During a Declared Emergency and a by-law to Establish a Process for Administrative Penalties. Carried Comment Proposed By-law 2021-0018 being “A By-Law to Establish a Process for Administrative Penalties” provides the necessary system of due process. It creates a process to impose administrative penalties and sets out a number of procedural, financial, staffing and other administrative processes, including the following elements: 

 

application of administrative penalties as an enforcement tool for compliance with orders that may be made under a by-law regarding provision and enforcement of Orders During a Declared Emergency, should issues continue to arise in terms the current health crisis or future emergencies; establishment of an administrative scheme to support the imposition of administrative monetary penalties under the Chief Administrative Officer; and provision for due process provisions including (i) notice requirements, (ii) review and confirmation or cancellation of penalties by a Hearings Officer, and (iii) appeals of determination by the Hearings Officer.

This by-law creates a system to enable the County to enforce compliance with its bylaws, when and if required. The proposed by-law provides a means to impose escalating sanctions, from administrative penalties to significant fines, to address immediate and specific local needs of the County.

Recommend Report to Council Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process May 19, 2021

2021-046 Corporate Page 54 of of118 Services By-law for the Provision an Administrativ…

Page 2 of 10

AGENDA ITEM #b)

Once Council has passed the proposed AMP By-law, staff will work to update and amend existing by-laws to ensure they include offence and enforcement provisions and designate them as by-laws for which Administrative Monetary Penalties (AMPs) can be issued. A copy of the proposed By-law 2021-0018 is attached to this report as Appendix A. Strategic Priorities Implications As part of the Vision for the County of Frontenac in its 2019-2022 Strategic Plan, it identifies accountability and states: As a framework for strategic planning, this future vision incorporate goals related to: • Building the County’s organizational capacity in line with its mandate and accountabilities. Additionally, Other Important and Continuing County Priorities, identifies:  Continually improve customer and financial services.  Maintain a strong organization and positive work culture through leadership, human resources, training and development, physical and IT infrastructure, and partnerships. Financial Implications There are no financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected

Recommend Report to Council Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process May 19, 2021

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Page 3 of 10

AGENDA ITEM #b)

Appendix A to Report 2021-046 By-Law Number 2020-0018 of The Corporation of the County of Frontenac being a by-law to Establish a Process for Administrative Penalties.

Whereas the Municipal Act, 2001, as amended, permits municipalities to enact by-laws under the category of “broad powers’ relating to the health, safety and well-being of its residents, and under the category of “spheres of jurisdiction”; and, Whereas section 434.1(1) of the Municipal Act, 2001, provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under that Act; and Whereas Council deems it necessary and expedient to establish a process for imposing, adjudicating and collecting administrative penalties in relation to contraventions of designated by-laws passed under the Act in conjunction with other municipal, Provincial and Federal enforcement mechanisms created in response to the COVID-19 pandemic emergency and provide an enforcement mechanism for future emergency situations; Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:

Definitions 1.1. In this By-Law: “Act” means the Municipal Act, 2001; “Administrative Penalty” means an Administrative Monetary Penalty established by By-law; “By-Law” means this by-law and any schedule to this by-law as they may be amended from time to time; “CAO” means the Chief Administrative Officer of The Corporation of the County of Frontenac; “Clerk” means the Manager of Legislative Services/Clerk for the County of Frontenac “County” means The Corporation of the County of Frontenac; Recommend Report to Council Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process May 19, 2021

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Page 4 of 10

AGENDA ITEM #b)

“Council” means the Council of the Corporation of the County of Frontenac; “Declaration of Municipal Emergency” means a declaration of the Head of Council made pursuant to section 4 of the EMCPA; “Designated By-law” means each by-law that is designated by Council as a by-law to which this By-Law applies as set out in Schedule A to this By-law or as referenced in any Order of the Head of Council issued pursuant to a Declaration of Municipal Emergency; “Director” shall mean the Chief Administrative Officer or his/her designate; “EMCPA” means the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E 9, as amended from time to time; “Fees and Charges By-law” means County of Frontenac By-Law Number 2021-0001, “By-law to Impose User Fees and Charges for Services”, as amended from time to time; “Head of Council” means the Warden of the County of Frontenac; “Hearings Officer” shall be an impartial person outside of the organization and shall be appointed by the CAO when required to perform the functions of a Hearings Officer pursuant to this By-Law; “Penalty Notice” means a notice given pursuant to sections 2.2 and 2.4; “Person” includes an individual, partnership, association, firm or corporation; “Screening Officer” shall mean the “Clerk” 2. Penalty Notice 2.1. Each Person who contravenes a provision of a Designated By-law shall, if given a Penalty Notice in accordance with section 3, be liable to pay to the County of Frontenac an Administrative Penalty in the amount specified by the Designated By-law, for each day or part of a day on which the contravention continues. 2.2. Any person designated to enforce a Designated By-law (hereinafter an “Officer”) who has reasonable grounds to believe that a Person has contravened any provision of a Designated By-law may give to the Person a Penalty Notice. 2.3. The Penalty Notice shall be given to the Person as soon as is reasonably practicable after the contravention has occurred and shall include the following information: a. the date the Penalty Notice is given; b. a reference number that is unique to that Penalty Notice;

Recommend Report to Council Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process May 19, 2021

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Page 5 of 10

AGENDA ITEM #b)

c. particulars of the contravention, including the date and location of the contravention, and the Person(s) to whom the Penalty Notice is being given; d. the monetary amount of the Administrative Penalty; e. the actions that must be taken by the person(s) named in the order to comply and any date by which compliance is required f. such information as the Director determines is appropriate respecting the process by which the Person may exercise the Person’s right to request a review of the Administrative Penalty; and g. a statement advising that an Administrative Penalty will, unless cancelled or reduced pursuant to the review and appeal processes, constitute a debt of the Person to the County. 2.4.

A Person who is given a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer pursuant to section 3.

Review by Screening Officer 3.1.

Section 3 applies to reviews of an Administrative Penalty by a Screening Officer.

3.2.

A Person’s right to request a review expires if it has not been exercised in the manner prescribed in section 3.4 before 4:00 p.m. on the fifteenth (15th) day after the Penalty Notice is deemed to have been received pursuant to section 5.

3.3.

A Person’s right to request an extension of the time to request a review expires if it has not been exercised in the manner prescribed in section 3.4 before 4:00 p.m. on the tenth (10th) day after the Penalty Notice is deemed to have been received pursuant to section 5, at which time: a. the Person shall be deemed to have waived the right to request a review; b. the Administrative Penalty shall be deemed to be affirmed; and c. the Administrative Penalty shall not be subject to review, including review by any Court. No extension granted under this section will extend beyond the forty-second (42nd) day after the date receipt of the Penalty Notice is deemed to have occurred pursuant to section 5.

3.4.

A Person’s rights to request a review and to request an extension of time to request a review are exercised by giving to the County written notice of the request to review that includes:

a. the Penalty Notice Number; b. the Person’s mailing address and, if applicable, facsimile transmission number and/or e-mail address; c. in the case of a request to extend the time to request a review, the reasons, if any, for having failed to exercise the right to request a review within the time limited by section 3.2; d. particulars of all grounds upon which the request to review is based; and Recommend Report to Council Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process May 19, 2021

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AGENDA ITEM #b)

3.5. The Screening Officer shall undertake the review in writing upon receipt of the request for review and may request further information from the person requesting the review as needed, and any time limit for the review may be adjusted in the Screening Officer’s sole discretion 3.6. The Screening Officer may a. receive submissions from the Officer who issued the Penalty Notice under review; and b. cancel, reduce or extend the time for payment of the Administrative Penalty where the Screening Officer is satisfied that doing so would maintain the general intent and purpose of this By-law and that: i. there is reason to doubt that the person contravened this By-law; or that ii. the person took all reasonable steps to prevent the contravention; or that iii. the cancellation, reduction or extension of the time for payment is necessary to relieve undue financial hardship. 3.7. The Screening Decision shall be given to the person in writing as soon as is reasonably practicable. 3.8. The person may appeal to a Hearings Officer against the Screening Decision pursuant to section 4. 4. Appeal to Hearings Officer 4.1. Section 4 applies to appeals to a Hearings Officer against Screening Decisions: 4.2. The right to appeal is limited to the following: a. Person who has been given a Screening Decision pursuant to section 3.7; and b. the Director. 4.3. A Person’s right to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:00 p.m. on the fifteenth (15th) day after the Screening Decision Date. 4.4. A Person’s right to request an extension of the time to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:00 p.m. on the tenth (10th) day after the Screening Decision Date at which time: a. the Person shall be deemed to have waived the right to appeal; b. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed; and c. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court. Recommend Report to Council Corporate Services – By-law for the Provision of an Administrative Monetary Penalty Process May 19, 2021

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AGENDA ITEM #b)

No extension granted under this section will extend beyond the fortysecond (42nd) day after the Screening date. 4.5.

A right to appeal is exercised by giving to the County written notice of the appeal that includes: a. the Penalty Notice Number; b. the Person’s mailing address and, if applicable, facsimile transmission number and/or e-mail address; c. in the case of a request to extend the time to appeal, the reasons, if any, for having failed to exercise the right to appeal within the time limited by section 4.3; and d. particulars of all grounds upon which the appeal is made.

4.6.

The Person shall be given no fewer than seven (7) days’ notice of the date, time and place of the hearing of the appeal.

4.7.

Where the Person fails to appear at the time and place scheduled for a hearing of the appeal: a. the Person shall be deemed to have abandoned the appeal; b. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed; c. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court; and d. the Person shall pay to the County an additional Fee for failure to appear in the amount of $100.

4.8.

Except in the case of a Person who is deemed to have abandoned their appeal, a Hearings Officer shall not make any decision respecting an appeal unless the Hearings Officer has given each of the Person, the Director and the Officer who gave the Penalty Notice an opportunity to be heard at the time and place scheduled for the hearing of the appeal.

4.9.

Subject to sections 4.4, 4.7 and 4.8, a Hearings Officer may: a. extend the time to request an appeal; and may b. make any decision that the Screening Officer could have made pursuant to this By-law.

4.10.

The decision of a Hearings Officer is final and not subject to review including review by any Court.

Notice 5.1.

Subject to section 5.3, any notice or document respecting this By-law, including the Penalty Notice, may be given in writing in any of the following ways and is effective:

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AGENDA ITEM #b)

a. when a copy is placed on or affixed in any manner to a Person’s vehicle; b. when a copy is delivered to the Person to whom it is addressed; c. on the third (3rd) day after a copy is sent by registered mail or by regular letter mail to the Person’s last known address; d. upon the conclusion of the transmission of a copy by facsimile transmission to the Person’s last known facsimile transmission number; or e. upon the sending of the notice or document or a copy thereof by e-mail transmission to the Person’s last known e-mail address. 5.2.

For the purpose of section 5.1, a Person’s last known address, last known facsimile transmission number and last known e-mail address are deemed to include those provided by the Person pursuant to paragraphs 3.4(b) and 4.5(b).

5.3.

Any notice or document respecting this By-law to be given to the County shall be in writing, shall be given in any of the following ways, and is effective: a. when a copy is delivered to the Clerk of the County of Frontenac during regular business hours at its reception area, located at 2069 Battersea Road, Glenburnie, Ontario; b. on the third (3rd) day after a copy is sent by registered mail or by regular lettermail to “Administrative Penalties, County of Frontenac, c/o the Clerk, County of Frontenac, 2069 Battersea Road, Glenburnie, Ontario, K0H 1S0”; or c. upon the sending of the notice or document or a copy thereof by e-mail transmission to info@frontenaccounty.ca

Financial Administration 6.1.

No Officer who gives a Penalty Notice may accept payment of the Administrative Penalty respecting that Penalty Notice.

6.2.

An Administrative Penalty that is affirmed or reduced or in respect of which the time for payment has been extended pursuant to this By-law is due and payable and constitutes a debt to the County of each Person to whom or to which the Penalty Notice was given.

6.3.

Where a Person has paid an Administrative Penalty or an administrative fee that is then cancelled or reduced pursuant to this By-law, the County shall refund the amount cancelled or reduced.

6.4.

Where an Administrative Penalty or any administrative fees respecting that Administrative Penalty are not paid within fifteen (15) days after the date that they become due and payable, each Person to whom the Penalty Notice was given

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AGENDA ITEM #b)

shall pay to the County an additional Fee for late payment in an amount of $25. 7. General 7.1.

The Director may appoint as Screening Officers and Hearings Officers such individuals and on such terms as the Director considers appropriate.

7.2.

Nothing in this By-law limits the County’s right to enforce a Designated By-law by any other legal means or to use any other process of enforcement available under law.

7.3.

The short title of this By-law is the “Administrative Penalty Process Bylaw”.

That this By-law shall come into force and take effect upon the date of final passing. Read a First and Second Time this 19th day of May, 2021. Read a Third Time, Signed, Sealed and Finally Passed this 19th day of May, 2021. The Corporation of the County of Frontenac

Ron Vandewal, Warden

Jannette Amini, Clerk

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AGENDA ITEM #a)

Report 2021-040 Information Report to Council To:

Warden and Council Members of the County of Frontenac

From:

Kelly J. Pender, Chief Administrative Officer

Prepared by:

Alex Lemieux, Director of Corporate Services/Treasurer Phil Piasetzki, Interim Director of Corporate Services/Treasurer

Date of meeting: Re:

May 19, 2021

Corporate Services – Finance – 2021 Reserve and Reserve Funds

Recommendation This report is for information purposes only. Background Council adopted a Reserve and Reserve Fund Policy in May 2015, which aligned the requirements and long term direction of Council. Reserve and Reserve funds are defined in six categories:

Operating Reserves
Capital Reserves
Levy Stabilization Reserves
Strategic Project Reserves
External Agency Reserves
Restricted Reserves Comment Council maintained its commitment to the Reserve and Reserve Fund Policy during its 2020 budget deliberations.

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AGENDA ITEM #a)

Operating Reserves: The operating reserves are built up to fund ongoing operations and planned expenditures which may vary from year to year (such as Workplace Safety and Insurance Board (WSIB) or severance costs), or may occur on a cycle of every few years. These reserves provide funding for County activities, such as asset condition assessments, compensation reviews, actuarial assessments, etc. which occur on an intermittent basis. 

The Safe Restart Reserve is comprised of funds received during 2020 from the Ontario government to support COVID-19 operating costs and measures. These funds are to be used in 2021 to offset additional COVID-19 expenses.



The balance on WSIB reserves continued to increase for two of the three business units as the budgeted premiums for WSIB exceeded the costs incurred to manage claims.



The Ferry Reserve was depleted in 2020. This was primarily due to the Howe Island Ferry Operational Model Review. The remaining funds were used to offset operational shortfalls of the Ferry caused by reduced revenues due to COVID-19. Opening Balance

Closing Balance

Net Change

Operating Reserves Working Fund Frontenac FRC Sustainability Reserve FMT Severance Joint FPS Severance FRC Operating FMT Operating Corporate WSIB Reserve Ferry WSIB reserve Joint FPS WSIB Community Development Reserve Safe Restart Reserve Total Operating Reserve Balance

1,220,799 190,044 80,615 263,107 9,302 115,120 16,892 23,771 1,558,207 34,241 0 3,512,098

1,220,799 220,020 111,401 297,456 23,302 145,064 61,866 6,282 2,002,248 16,095 1,051,984 5,156,518

0 29,976 30,786 34,349 14,000 29,944 44,974 -17,488 444,041 -18,146 1,051,984 1,644,420

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AGENDA ITEM #a)

Capital Asset Management Reserves: The capital asset management reserves are used to fund the replacement of long-lived equipment, vehicles, and buildings. A portion of the loan repayment for Fairmount’s Auditorium rebuild comes from these reserves as well. Caution: The Capital Asset Management Reserves are below the amount recommended by Public Sector Digest in their 2014 Asset Management Review. However, the current plan of a .65% increase per year (2020 was year six of ten) including the potential for borrowing in the land and building assets category will be monitored. As the Capital Asset Management Reserve does not currently anticipate the acquisition of any new capital assets, ongoing monitoring is required. In 2020 Frontenac Paramedic Services replaced two ambulances and remounted an existing ambulance and purchased stair chairs. As of 2020, the Joint Reserves were sufficiently funded based on the projected future expenditures and contributions. After accounting for the budgeted transfers and allocations to reserves, the County had a year-end surplus of $749,422. In accordance with the County’s budget policy, since the amount in the Stabilization Reserve exceeds 15% of the County levy, that amount has been transferred to the Asset Replacement reserve.

Opening Balance Asset Replacement FMT Capital Reserve Fund (Rebuild) JOINT FPS Vehicle Replacement JOINT FPS Equipment Replacement FMT Capital Replacement FRC Ontarians with Disabilities FRC Capital Replacement Total Asset Replacement Balance

970,183 592,117 1,307,123 910,647 110,000 2,764,793 6,654,863

Closing Balance 865,394 740,746 1,643,015 940,230 117,354 4,077,436 8,384,175

Net Change -104,789 148,629 335,892 29,583 7,354 1,312,643 1,729,312

Stabilization Reserve: The Stabilization reserve was not impacted by the surplus in 2020 as per the note above. The prior year adjustment from the City of Kingston of $158,729 was allocated to the Stabilization Reserve. Expenses offset by the Stabilization Reserve in 2020 included the Regional Roads Study and partial funding of a transportation services grant.

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AGENDA ITEM #a)

Note: As of 2020, the Stabilization Reserve is below the amount recommended by the 2013 KPMG Service Delivery and Organization review1 (recommendation #21, pg. 11 and 102). KPMG’s recommendation was for a stabilization reserve equivalent to 10% of the budgets for Frontenac Paramedics and Fairmount Home, or approximately $3.5M for 2021. Subsequently the reserve level was reduced by County Council to recognize the fiscal realities of meeting that goal and the addition of the dedicated 0.65% annual increase for capital replacement. The County’s reserve policy in 2015 adopted a more conservative target for its stabilization reserve of 15% of the municipal levy, or approximately $1.65M for 2021. In light of current circumstances and continued pressures, it will likely be below that amount in 2021 and beyond. The graph below compares the targeted reserve balance set in our reserve policy to the forecasted reserve balance we would realize under several different surplus scenarios. Looking ahead, Council has committed $64,000 for Rural Frontenac Transportation Services and $120,000 for Frontenac Paramedic Services training in 2021, as well as $139,750 for EORN in 2021-22 from the Stabilization Reserve. We would require an average of a 1.5% surplus per year to keep pace with the reserve requirements.

Strategic Regional: This reserve will continue to be used for the projects identified by Council in 2015, which include Waste Management, Seniors Housing and Seniors Transportation. The $500,000 allocation to Economic Development has been used up as of the end of 2019 through the Rural Economic Development program with the remainder transferred over to the Community Development Reserve. The allocation for

1 Link to KPMG Report: [Link Here]

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Seniors’ Transportation was exhausted in 2020 to fund Frontenac Transportation Services. The $725,000 received from the Province of Ontario as Municipal Modernization Funding in 2019 has been allocated to the Strategic Project Reserve. The initiatives approved by Council in 2020 have been included in the chart below. Strategic Project Reserve (20-90-91000-31009) - By Project (As of December 31, 2020)

2015 Allocation Waste Management Planning Seniors’ Housing Seniors’ Transportation Economic Development

Original Allocation $ 100,000.00 $ 1,400,000.00 $ 100,000.00 $ 500,000.00

Allocation Spent $ 73,473.40 $ 382,460.80 $ 100,000.00 $ 500,000.00

Remaining $ 26,526.60 $ 1,017,539.20 $ $

$ $

70,000.00 250,000.00

$ $

194,874.90

$ $

70,000.00 55,125.10

$ $ $

25,000.00 40,000.00 40,000.00

$ $ $

25,000.00 40,000.00

$ $ $

40,000.00

90,000.00

58,292.08

31,707.92

100,000.00

50,000.00

22,376.01

27,623.99

30,000.00

$ $

25,000.00 5,000.00

$ $

25,000.00 3,845.77

$ $

1,154.23

2019 Allocation Modernization Funding Long-Term Care Review EORN Cell Gap Project Communications/Engagement Tool Regional Roads Needs Update Scheduling Software Continuous Improvement/Planning Intern Administration Facility Architectural Communal Services Implementation Energy Conservation and Demand Management EOWC - Eastern Ontario Initiatives Municipal 511 Total Balance Remaining on Committed Projects 2020 Ending Reserve Balance Difference (Unallocated to Specific Projects)

$ 1,399,677.04 $ 1,811,141.78 $

411,464.74

There is currently $411,465 unallocated to any specific projects. This amount could be allocated to any project which Council deems to be a strategic initiative. Sustainability Implications Governance – appropriate stewardship of County resources.

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AGENDA ITEM #a)

Financial Implications The following table reflects the 2020 audited year end balances: 2020 Reserve and Reserve Funds 2020 Actual ($)

Operating Reserves Capital Asset Reserves

Target Balance

5,156,518 Meets current requirements Underfunded - Ongoing review and annual 8,384,175 allocation

External Agency Reserves

524,755 Meets current requirements

Strategic Regional Reserves

1,811,142 Meets current requirements

FRC Stabilization Reserves

Meets current requirements - Review for future 1,779,353 commitments

Legally Restricted Reserves

Frontenac-Howe Islander Ferry Revenue Reserve 206,860 is Underfunded

Federal Gas Tax Reserve Fund Total

445,554 Meets current requirements 18,308,357

*27% of the total reserve balance is held jointly with the City of Kingston for Land Ambulance and Fairmount Home. From a policy perspective, the County is still impacted by increased expenses relating to the COVID-19 response for the services the County provides; however, we have $1M in Safe Restart funding available in 2021. In terms of adjusting reserve targets, no changes are recommended in Reserves and Reserve Funds at this time. Organizations, Departments and Individuals Consulted and/or Affected Frontenac Paramedics Fairmount Home Planning and Economic Development

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AGENDA ITEM #b)

Report 2021-041 Council Information Report To:

Warden and Council

From:

Kelly Pender, Chief Administrative Officer

Prepared by:

Susan Brant, Administrator

Date of meeting:

May 19, 2021

Re:

Fairmount Home – Quarterly Update Activity Report

Recommendation This report is for information purposes only. Background The following information is an update regarding the activities/challenges at Fairmount Home (“Fairmount”) from January 1, 2021 to March 31, 2021 as well as significant updates in April 2021. Comment Ministry of Health and Long-Term Care During the first quarter, there were no additional critical incidents or complaints logged with the Ministry of Long-Term Care (MLTC) other than the two January incidents that were included in the prior Fairmount Home Quarterly Update report 2021-017. The public versions of these reports are posted at Fairmount for public review. The reports are also available on the Ministry’s Reports on Long-Term Care Homes website. Public Health Inspection KFL&A Public Health conducted a routine inspection on April 27, 2021 in the main kitchen and serveries. There were no violations. Thank you to the management and staff who work professionally and cooperatively with the public health inspector. The Food Establishment and Restaurant Reports are posted on its website. Outbreaks During the first quarter, KFL&A Public Health did not declare any outbreaks at Fairmount Home.

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AGENDA ITEM #b)

Sustainability Implications Not applicable Strategic Priority Implications Not applicable Organizations, Departments and Individuals Consulted and/or Affected Fairmount Home Management Team

Information Report to Council Fairmount Home – Quarterly Update Report May 19, 2021

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Page 2 of 2

AGENDA ITEM #c)

Report 2021-045 Council Information Report To:

Warden and Council

From:

Kelly Pender, Chief Administrative Officer

Prepared by:

Kelly Pender, Chief Administrative Officer Susan Brant, Administrator, Fairmount Home

Date of meeting:

May 19, 2021

Re:

Office of the Chief Administrative Officer – Ontario’s LongTerm Care COVID-19 Commission Final Report

Recommendation This report is for information only. Background A novel coronavirus COVID-19 emerged in Wuhan, China in late 2019 and evolved to a global pandemic as declared by the World Health Organization in March 2020. The virus COVID-19 devastated the elderly in congregated living including long-term care. As outlined in the final report, 61% of all COVID-19 deaths in 2020 were long-term care residents. By April 2021, approximately 4,000 residents and 11 staff in long-term care settings had died. In the summer of 2020, the Province of Ontario created the Long-Term Care COVID-19 Commission to investigate the spread of the virus in long-term care homes, its impact on residents, staff, volunteers and family member as well as recommendations to prevent the future spread of disease in long-term care homes. The LTC Commission’s Final report outlines the state of the long-term care sector and pandemic preparedness before COVID-19. Comment From September 2020 to March 2021, the Commission’s investigation was completed by hearing from residents, families, staff, hospitals, public health units, inspectors, licensee and operators of long-term care homes, government officials, researchers, experts, associations, advocacy groups and others. The Final Report contained 85 recommendations that are outlined in Schedule A and the full report can be found on the

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AGENDA ITEM #c)

Ontario’s Long-Term Care COVID-19 Commission’s website: LTC Commission’s Final report. Attached, Schedule ‘A’ is a summary of the 85 recommendations made by the commission along with reference to the recommendations contained in the recently completed EOWC report and, where applicable, reference to Fairmount Home. Strategic Priority Implications Priority 3 Champion and coordinate collaborative efforts with partners to resolve complex problems otherwise beyond the reach of individual mandates and jurisdictions. 3.3 Continue to pursue collaborative opportunities to achieve service and cost efficiencies and other economies through cost-sharing and shared services. Other Important and Continuing County Priorities:  Implement strategic plans for Fairmount Home and Frontenac Paramedics.  Continually improve customer and financial services.  Maintain a strong organization and positive work culture through leadership, human resources, training and development, physical and IT infrastructure, and partnerships. Financial Implications There are no immediate financial implications associated with this report. Organizations, Departments and Individuals Consulted and/or Affected

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Eastern Ontario Wardens’ Caucus (EOWC) – Summary of Recommendations

AGENDA ITEM #c)

Increase direct care funding to achieve the provincial benchmark of four hours of care model. a. Increase the use of resident support aides (RSAs) b. Enhance training and retention of Long-Term Care Home (LTCH) employees
Transition to a per bed funding model to increase clarity, efficiency, and transparency of the funding process a. CMI is a non-audited calculation that is provided by the LTCH to the Province. CMI constantly fluctuates throughout the year due to resident intake and discharge b. LTCHs receive funding based on retrospective data. For example, funding for 2017-18 is based on the case-mix data that was submitted at the end of the four quarters in 2015-16 c. While all LTCHs are working to achieve positive resident outcomes, the current funding model does not incentivize LTCH’s to do so as the funding will decrease with lower acuity d. There are impediments to changes in funding, such as the 5% cap on year over year changes in CMI
Increase provincial capital funding predictability and provide on-going support for capital maintenance a. Increase capital funding for on-going capital maintenance costs b. Enhance the predictability, fairness and transparency for capital funding c. Ensure re-development and modernization does not impede 4 hour care model d. Provide up front funding
Promote and support resource sharing between long-term care homes a. Promote collaboration b. Enhance Infection Protection and Control (IPAC) reporting c. Create incentives for shared purchases d. Address Labour relations
Improvements in LTCH processes to increase efficiency and effectiveness a. Support continuous improvement b. Develop a provincially led leading practice unit c. Include municipal LTCH in provincial policy development
Overarching Theme: EOWC appreciates the Province’s support for the LTCH model where residents are provided a final home. This approach to LTC should be preserved; not transitioned into a hospital or medical institution model.

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Long Term Care Commission Recommendations

Recommendation/Comment (with reference to EOWC recommendations)

Precautionary Principle

Pandemic Plans

AGENDA ITEM #c)

1-3. Agree with the precautionary principle.

All pandemic plans in the province of Ontario that affect the long-term care sector’s pandemic response must be guided by a proper appreciation and application of the precautionary principle
This Commission repeats the SARS Commission Report’s recommendation that the precautionary principle should “be expressly adopted as a guiding principle throughout Ontario’s health, public and worker safety systems” The Covid-19 crisis in long-term care homes has proven that the precautionary principle must also be expressly adopted as a guiding principle in Ontario’s long-term care home system. This should be cone by way of policy statement, by explicit reference in all relevant operational standards, directions, protocols and guidelines, and by way of inclusion (through preamble or otherwise) in relevant long-term care home and public health statutes including the Long-Term Care Homes Act, 2017, (LTCHA) and the Health Protection and Promotion Act. Specifically, Ontario Regulation 79/10 should be amended to require that the precautionary principle guide each long-term care home’s infection prevention and control (IPAC) program, outbreak management system and written plan for responding to infectious disease outbreaks.
The pandemic response should be consistent with available scientific evidence and public health expert advice including from the Chief Medical Officer of Health and Public Health Ontario. Where long-term care homes, public health officials, health care providers, government officials, or anyone involved in directing the response of any of those entities departs from the evidence and/or public health expert advice in response to a public health threat, a clear and public explanation should be provided for the departure.
The government should amend the Health Protection and Promotion Act to 4. Clarification. Should not include directives. See Commission clarify that the Chief Medical Officer of Health has the authority to issue any recommendation #9 f. comment, including public comment, without prior authorization.

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Long Term Care Commission Recommendations 5. The province must amend Ontario Regulation 79/10 to provide specific requirements for long-term care homes’ mandatory written infectious disease outbreak plans. These requirements must include that the plan: a) State the precautionary principle (“reasonable action to reduce risk should not await scientific certainly”) and explicitly require that the principle guide the plan’s execution; b) Clearly identify who is responsible for coordinating the home’s outbreak response: c) Require regular, proactive, timely communications with residents and their families and loved ones, substitute decision-makers, essential caregivers, and any person designated by the resident or substitute decision-maker: I. At the outset of any infectious disease outbreak: II. During an outbreak, including proactive updates regarding the status of the home in general and the health status of individual residents; III. Whenever new management is introduced; and IV. In response to requests for information. d) Make provision for safe, in-person access to residents by essential caregivers; e) Provide for the facilitation of regular remote visits between residents and their families and loved ones during an outbreak;

Recommendation/Comment (with reference to EOWC recommendations) 5. Agreed. Cost needs to be fully funded by the Province. Many aspects this can be developed collaboratively. See Recommendation #4.

e) Many homes will require physical changes to their homes in order to make this possible. Capital funding support is required. See recommendation #3.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations

f) Municipal participation in OHTs in E. Ontario has been inconsistent. Single and upper tier municipalities need to be included in OHT discussions at the earliest possible time. Governance of OHTs need to recognize the legislative and fiduciary responsibilities of municipal elected officials.

h) Agreed. Funding support must be provided by the Province. Physical space for PPE shortage is at a premium in most homes. Access to capital funding is required. See recommendation #3. Frontenac has submitted a grant application for funding to create a two bed isolation unit. A funding announcement has not been made.

l) Agreed. Dependent upon a timely implementation of staffing plans and attaining the four hours of care. See recommendation #1.

AGENDA ITEM #c)

f) Include a strategy for predicting and responding to staffing shortages to ensure that the home is not left with a staffing crisis. This strategy should rely on resources available to the home through health care partners or Ontario Health Teams and minimize reliance on agency staff. This strategy should not only take into account the replacement of sick or absent staff members but also the increased care needs of residents during an outbreak. At the home level, redundancy should be built into the duties of key staff members such that if a key staff member is absent from the home during an outbreak due to illness, self-isolation or other factors, that critical role is not lost; g) Include a system that ensures the home maintains its pandemic stockpile or personal protective equipment (PPE) and other necessary items (discussed below) with sufficient supply to respond during an infectious disease outbreak: h) Include a plan to group residents to avoid the transmission of infectious disease (“cohorting”) with appropriate staffing for each cohort, and also include a plan for moving some residents to another side or sites (“decanting”) if cohorting measures are deemed unlikely to contain an outbreak. Agreements should be put in place in advance with the home’s health care partners to facilitate the cohorting and decanting plans, and those agreements should be reviewed and tested annually and updated as needed: I) Require the long-term care home to: I. Continually assess and provide timely and complete information to the public health unit regarding the need for cohorting or decanting (where cohorting measures are unlikely to contain an outbreak); and II. Consult and coordinate with the public health unit on appropriate cohorting and decanting measures to implement.

Recommendation/Comment (with reference to EOWC recommendations)

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Long Term Care Commission Recommendations J) In the event that residents are confirmed to their rooms to minimize the spread of infectious disease, require the Medical Director to continually assess the impact of such confinement on the quality of care and quality of life of the residents and work with relevant health partners to make appropriate adjustments as necessary; and

J) Agreed.

K) Agreed. These requirements will place a burden on staffing. See recommendation #1.

Agreed.
Agreed.

AGENDA ITEM #c)

K) Require annual drilling and testing of the home’s plan for responding to infectious disease outbreaks. The long-term care home’s health partners, including but not limited to the public health unit and Ontario Health team, should participate in the annual drills and tests. The results of the drills and tests should be reported to the Ministry of Long-Term Care and the public health unit as part of the compliance and inspection regime discussed below. 6. Long-term care home licensees should be required to post the home’s infectious disease outbreak plan and any related plans to the home’s website, and make this information publicly available in other formats as requested. The licensees should also post online and make available in other formats as requested. The licensees should also post online and make available in other formats contact information for the home’s Administrator and, in the case of homes owned by corporations, a contact person at the corporate level. 7. The province must clearly define the respective roles of the Ministry of Health and the Ministry of Long-Term Care in addressing health emergencies, especially emergency planning with respect to long-term care, and update Order in Council 1157/2009 accordingly. The province must also ensure that the safety of long-term care residents is reflected in any provincial emergency plan.

Recommendation/Comment (with reference to EOWC recommendations)

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Recommendation/Comment (with reference to EOWC recommendations)

The government must ensure that comprehensive pandemic plans anticipating various scenarios are developed, updated, tested, drilled and communicated at all levels (provincial, regional, municipal and in each longterm care home). The plans must include clearly defined and delineated roles and responsibilities and identify a clear and direct chain of command. In particular, the Ministry of Health and the Ministry of Long-Term Care must finalize a comprehensive all-hazards plan for the health care sector, including provisions for the long-term care sector. This plan must be made available to the public. The Chief Medical Officer of Health should be responsible for this plan and should report on it annually to the legislature.
Pandemic preparation and response in the province’s long-term care sector should be explicitly provided for in provincial, regional and local pandemic plans. Long-term care home licensees, management, front-line staff, residents and their loved ones should be consulted regarding the pandemic plan provisions affecting long-term care. The province must ensure that the pandemic plan provisions regarding long-term care: a. Include a strategy to address critical staff shortages in long-term care homes, including identifying where surge capacity or other resources may be required and deploying critical staff to long-term care homes in the event of staff shortages; b. Ensure that staff are supported so that they do not – for financial reasons – attend work while sick; c. Require timely on-site inspections of long-term care homes focused on ensuring that long-term care homes are properly implementing appropriate, proactive IPAC measures. This plan should prioritize homes at a high risk of outbreak based on available information. This plan should include a scheme for supporting and supplementing the IPAC expertise available to the home through the IPAC Practitioner role discussed in more detail in Recommendation #24.
This requirements will place a burden on staffing. See recommendation #1. There is the opportunity to share best practices. See recommendations #4 and #5
Agreed.

a. Agreed. See recommendations #1 and #4.

b. Agreed. Must be fully funded by the Province. c. Agreed. See recommendations #1 and #4.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations d. Agreed.

e. LTCH must be provided with the staffing to effectively deal with the new residents and the complex needs that are likely to result from such an order. f. Agreed. One point of contact for directives is critical. Coordination between the local Medical Officer of Health (MOH) and the Province is critical. Contradictory directives create confusion. Every effort should be made to provide directives during normal business hours. The Province should maintain a website with all directives listed and their current status.

Agreed.
Agreed.

AGENDA ITEM #c)

d. Ensure that any surge in pandemic –related hospitalizations does not result in: I. Shifting patients to already overburdened, under-resourced and understaffed long-term care homes; and II. The failure to transfer long-term care residents to hospital for care where necessary e. Include arrangements to move long-term care residents to other facilities to avoid the spread of infectious disease if directed by the local medical officer of health of the Chief Medical Officer of Health (CMOH); f. Ensure the coordination and prioritization of all information, directives, and guidance documents sent to the long-term care sector by all government sources during an emergency. A userfriendly, central repository of all such documents should be maintained in such a way that it is clear what information, directives and guidance documents are the most current so homes can easily identify the most up-to-date information and know what is required of them. When revised directives or guidance documents are issued, these should include a blackline version that highlights the changes. 10. The government’s pandemic plans must include strategies to ensure laboratory surge capacity sufficient to respond to a variety of challenges, both in terms of volume of testing and duration of increased laboratory demand. The laboratory surge capacity strategy should prioritize long-term care in accessing effective testing and timely, efficient reporting of testing results. This includes ensuring long-term care homes have the technological capacity to receive electronic medical test results. 11. The pandemic plans must include all provincial laboratory assets whether they are public or private, and all such assets should be advised of the terms of the plans that apply to them. The pandemic plans should ensure that the Ontario laboratory system is connected and coordinated, and that laboratories and long-term care homes are interconnected.

Recommendation/Comment (with reference to EOWC recommendations)

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Recommendation/Comment (with reference to EOWC recommendations)

The priority assigned for access to vaccinations for residents, staff and essential caregivers must recognize and take into account the vulnerability of long-term care home residents in a pandemic.
Where reliable, clinically accepted rapid testing for a virus or other pathogen causing infectious disease outbreaks is available, the government should ensure that every long-term care home in the province is provided on a priority basis with the appropriate tools, equipment and support necessary to facilitate rapid testing of residents, staff, management and visitors.
The province’s pandemic plans must include a strategy for ensuring that funeral home staff and staff from the coroner’s office may safely complete their usual duties for the respectful disposition of deceased long-term care home residents during an infectious disease outbreak using appropriate precautionary measures, including appropriate infection prevention and control practices. It must not fall to nurses, personal support workers (PWSs) or other staff employed by long-term care homes to perform duties normally performed by funeral service providers or the coroner for deceased residents (including the transfer of deceased residents into body bags).
To ensure that the provincial pandemic plans are ready to be activated on short notice, they must be reviewed, assessed and drilled annually. The province should set out a testing strategy that involves a review of the pandemic plans and full simulations that engage all key stakeholders involved in implementing the plan. The drill exercise results should be disseminated to the key stakeholder participants for review to improve the pandemic plans. The plans must also be updated promptly.
Agreed. Vaccinations should be provide in the home in order to reduce the risk of staff travel to group clinics and increase staff uptake.
Agreed.
Agreed.
Agreed.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations 16. As part of its pandemic planning, the province should ensure that there is a central procurement process for personal protective equipment (PPE) and other necessary supplies that provides clarity about purchasing and supply chain legislation, policies and best practices. Whenever possible, this process should place emphasis on maintaining within the province of Ontario a capacity to manufacture PPE. The procurement process should include pre-existing agreements to ensure necessary resources are available at pre-established prices and quantities.

Recommendation/Comment (with reference to EOWC recommendations) 16. Agreed. See Recommendation #4

Provincial Pandemic Stockpile 17. The Chief Medical Officer of Health must be responsible for the province’s pandemic stockpile. 18. This responsibility must include ensuring that the provincial stockpile contains sufficient supply to allow the government to respond appropriately to needs that may arise from long-term care homes in the case of a pandemic.

Agreed.
The government should provide the funding to: a. Ensure that the provincial pandemic stockpile has sufficient supply to support a provincial response to current and anticipated needs and public health threats, including known and novel infectious diseases. The stockpile should contain appropriate supplies to support long-term care homes as needed during any infectious disease outbreak, including a pandemic. Long-term care homes should be given priority access to supplies from the provincial stockpile; and b. Actively manage the provincial pandemic stockpile to avoid the expiration of stockpile supplies before they can be used.
The Chief Medical Officer of Health must report to the legislative each year as part of the annual report required in the Health Protection and Promotion Act on all matters relevant to the stockpile.
Agreed. a. Mandatory PPE requirements must be coordinated with supplies.
Agreed. Plan should include a deployment plan that ensures that PPE can be delivered to LTCHs in a timely manner and in alignment with mandatory PPE orders. Frontenac does not have sufficient space to manage large stockpiles of PPE.

AGENDA ITEM #c)

Agreed

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Long Term Care Commission Recommendations 21. The province should make any legislative amendments necessary to designate the Chief Medical Officer of Health as responsible for the management of the stockpile in accordance with the recommendations set out above.

Recommendation/Comment (with reference to EOWC recommendations) 21. Agreed

Addressing the Aftermath of COVID-19 for Residents and Staff 22. Long-term care licensees should make counselling services available to the residents and staff living and working in long-term care during the pandemic. Long-term care licensees should bear the cost of this counselling, and no portion of that cost should be passed on to residents or staff.

Agreed. Funding envelope must be expanded in order to compensate licensee for the full cost of this service. During an outbreak, staffing levels will be compromised and the ability to provide this service will difficult without dedicated and trained staff. See recommendation #2. Also an opportunity for resource sharing. See recommendation #4.

Infection Prevention and Control 23. All long-term care homes in the province must be held to the same IPAC standards. These standards, which should include requirements for a pandemic stockpile, should be set, published and regularly reviewed and updated by Public Health Ontario.

Agreed. Must be fully funded. See recommendation #4. Funding support must be provided by the Province. Physical space for PPE shortage is at a premium in most homes. Access to capital funding is required. See recommendation #3.

AGENDA ITEM #c)

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Recommendation/Comment (with reference to EOWC recommendations)

To ensure that long-term care homes have meaningful access to IPAC expertise, Ontario Regulation 79/10 should be amended to: a. Require the licensee to appoint one full-time, dedicated registered nurse per 120 beds as the home’s IPAC Practitioner(s). This role, which replaces that of the staff IPAC coordinator currently required, should report directly to the Director of Nursing and Personal Care; b. Set out specific minimum IPAC education, training and certification requirements that the IPAC Practitioner must keep current. The IPAC Practitioners in long-term care homes should be trained and supported by IPAC specialists from the local hospital or public health unit as appropriate; and c. Require the IPAC Practitioner to take on the duties formerly assigned to the staff IPAC coordinator and to oversee, implement and maintain the home’s infection prevention and control program and required staff IPAC training in consultation with the local IPAC Specialist.
The Ministry of Long-Term and Ministry of Health should amend the Intuitional/Facility Outbreak Management Protocol, 2018, to explicitly provide for the involvement of local hospitals to support long-term care homes in their IPAC practices, up to and including a related management agreement if and as necessary, along with any other legislative amendments necessary to facilitate the IPAC program.
Agreed. Must be fully funded and supported by a Provincial best practices unit. See recommendations #1 and 4.
Agreed, but must reflect the “home” nature of LTC. See recommendation #6.

AGENDA ITEM #c)

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Recommendation/Comment (with reference to EOWC recommendations)

Ontario Regulation 79/10 should be amended to require the licensee to: a. Ensure that the members of the home’s interdisciplinary IPAC team, already required under the regulation, reflect the home’s staff complement, including representatives from the nursing, personal support worker, environmental cleaning, food service and administrative staff. The home’s IPAC Practitioner should be the lead of the interdisciplinary IPAC team; b. Ensure that the home’s infection prevention and control program is consistent with the standards, best practices and key principles established by Public Health Ontario; c. Ensure that its long-term care home(s) maintain a stockpile of personal protective equipment and other necessary supplies under the supervision of the home’s IPAC Practitioner. The stockpile should be readily accessible and replenished regularly to ensure that supplies are used before they expire; d. Require the IPAC Practitioner to ensure that personal protective equipment is also available to all staff and visitors as appropriate; and e. Ensure staff receive IPAC training, delivered by the home’s IPAC Practitioner(s), at the following minimum intervals: I. At the commencement of their employment with the longterm care home: II. Annually; III. Whenever there is a change to IPAC policies or practices, and IV. At the outset of and during any infectious disease outbreak in the long-term care home.
Agreed. Must be fully funded by the Province, with best practice direction from the Province. See recommendations #4 and #5.

AGENDA ITEM #c)

Strengthen Health Care System Integration

c. During a pandemic, the availability of PPE will be beyond the scope of a local IPAC Practitioner. Provincial Medical Officer of Health must lead and control the supply and distribution.

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Long Term Care Commission Recommendations 27. The government should fast-track the implementation of a coordinated governance structure and enhanced funding model to strengthen and accelerate the development of Ontario Health Teams. 28. The Ministry of Health and Ontario Health must work with the Ministry of Long-Term Care as local/regional Ontario Health Teams are implemented

Recommendation/Comment (with reference to EOWC recommendations) 27. Inclusion in OHTs in E. Ontario has been inconsistent. Single and upper tier municipalities need to be included in OHT discussions at the earliest possible time. Governance of OHTs need to recognize the legislative and fiduciary responsibilities of municipal elected officials. 28. Agreed.

Improve Resident- Focused Care and Quality of Life 29. The ability of LTCHs to provide complex care will be dependent upon capital investment (See recommendation #3) and increased staffing with new/ enhanced skills. (See recommendation #1). High needs/complex continuing care will require staffing levels in excess of the four hour of care model. 30. LTCH staff should not be placed in the position of enforcing/monitoring testing and travel requirements imposed by the Province or local MOH. This responsibility clearly be vested with public health.

Agreed. LTCH staff should not be placed in the position of enforcing/monitoring testing and travel restrictions imposed by the Federal or Province governments, or local MOH. This responsibility should be vested with public health or an appropriate enforcement agency.

AGENDA ITEM #c)

The government should amend the fundamental principle in section 1 of the Long-Term Care Homes Act, 2007, to explicitly acknowledge that long-term care residents have complex physical and mental health needs, including cognitive impairments, and to promise that licensees will insure that residents’ complex care needs are met.
The Ministry of Long-Term Care should amend Ontario Regulation 79/10 to a presumption against prohibiting all visitors to long-term care homes experiencing an outbreak because of the negative effects of isolation on the quality of life and health of long-term care residents. Any changes to visiting rules during an infectious disease outbreak must seek to place the minimum possible restrictions on visits to long-term care residents.
In order to avoid the separation of residents from their families and loved ones in future infectious disease outbreaks, the province should amend Ontario Regulation 79/10 to recognize the role of “essential caregiver” (individuals “designated by the resident and/or their substitute decisionmaker… to provide direct care to the resident”). Essential caregivers may be family, loved ones or people hired to provide care to the resident. Basic IPAC training, including the appropriate use of personal protective equipment, should be required in order to qualify as an essential caregiver. The training should be mandated for all essential caregivers at least annually and at the onset of any infectious disease outbreak. The amendment should ensure that essential caregivers who have compiled with these training requirements are allowed to enter the home.

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Recommendation/Comment (with reference to EOWC recommendations)

Licensees must ensure that their home maintains an up-to-date contact list for all persons, including essential caregivers, designated by the resident and/or their substitute decision-maker. Management of each home should delegate a member of the management team to coordinate regular communication with families and loved ones about key activities and issues in the home. Long-term care homes licensees, operators and their directors must be held accountable for ensuring that the home communicates proactively and regularly with residents’ chosen contacts.
In order to enable residents’ families and loved ones to monitor and contribute to resident care, long-term care homes must permit video monitoring technology to be set up and used in an appropriate manner at the request of any resident, their “substitute decision-maker(s), if any, and any other persons designated by the resident or substitute decision-maker.”
Long-term care residents require social and other connections both inside and beyond the long-term care home. In order to ensure this need is consistently met, the province should make the following legislative amendments: a) The Residents’ Bill of Rights should be amended to include the right to the technology required to permit residents to “communicate in confidence, receive visitors of his or her choice and consult in private with any person with interference”; and b) Ontario Regulation 79/10 to the Long-Term Care Homes Act, 2007, regarding residents’ rights, care and services should be amended to require long-term care licensees to provide reliable Wi-Fi and consistent, frequent access to technology, such as computer tablets and smartphones, to facilitate residents’ remove visits with those outside of the home.
Physicians providing care to long-term care home residents must be required to physically attend when needed and within 24 hours of the request for care.
Agreed. Onus must rest with the caregiver to provide contact information.
Privacy concerns must be addressed by the Province. LTCH cannot be made responsible for the provision or support of technology.
Agreed.

AGENDA ITEM #c)

Agreed.

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Recommendation/Comment (with reference to EOWC recommendations)

Long-term care home licensees must ensure that residents are provided with appropriate palliative and end-of-life care. To that end: a) Long-term care home licensees must ensure that their homes always have ready access to skilled clinicians with the training to provide palliative and end-of-life care in the long-term care home whenever appropriate; and b) The Ministry of Long-Term Care must, after consulting with palliative care and other relevant experts, require long-term care homes to implement best practices for end-of-life care.
Should be fully funded by the Province. Resource sharing and best practice development may be a practical response. See recommendation #4.

Diversity and Inclusion

French-Language Services

Agreed.
Agreed.

AGENDA ITEM #c)

The Residents’ Bill of Rights should be amended to align more closely with the prohibited grounds of discrimination in the Ontario Human Rights Code.
The Residents’ Bill of Rights provides that residents have the right to have their lifestyle choices respected. Residents also have the right to reasonable assistance from the licensee to pursue their interests and live to their potential. Consistent with these rights, licensees must recognize and respect residents’ social, cultural, religious, spiritual, and other histories and choices. For example, long-term care home licensees should be require to: a) Recognize and respect 2S-LGBTQ+ spousal relationships and chosen/non-biological family relationships generally and in any rules or policies regarding visitation and the provision of essential care to 2S-LGBTQ+ residents; and b) Ensure that residents are provided with culturally and linguistically specific care, including but not limited to traditional foods; activities and opportunities for socializing in the resident’s first language; culturally specific activities; observation of holidays; and religious and spiritual practices and services.

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Long Term Care Commission Recommendations 39. To protect the rights of Francophone residents in long-term care, the Ministry of Long-Term Care should: a) Design and implement a provincial strategy to increase Frenchlanguage long-term care services and increase the number of French-language beds through the prioritization of designations under the French Language Services Act, and cultural designations under section 173 of Ontario Regulation 79/10; and b) Adopt a clear definition of “Francophone beds” that excludes long-term care homes that have not demonstrated their capacity to provide services in French.

Recommendation/Comment (with reference to EOWC recommendations) 39. Agreed.

Address the Human Resources Challenges Accelerate Long-Term Care Staffing Plan implementation 40. The government must fast-track the implementation of Ontario’s Long-Term Care Staffing Plan (2021-2025) (the “Staffing Plan”) to help address the urgent need for skilled staff in long-term care homes across the province, with amendments as necessary to incorporate the recommendations below 41. The government must, with the assistance of key stakeholders (including residents, families and loved ones, and front-line staff), immediately identify specific and measurable targets that clearly track the government’s Staffing Plan implementation progress. It should also develop a way of measuring the success of the Staffing Plan as it impacts resident care and quality of life, as well as outcomes to staff.

Agreed. See Recommendation #1. Municipalities that have provided local tax dollars to achieve greater care levels, should not be disadvantaged in the transition and should be compensated in a manner that is consistently applied.
Agreed. Should not create an administrative burden and if possible, integrate with existing reporting requirements.

AGENDA ITEM #c)

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Recommendation/Comment (with reference to EOWC recommendations)

To enhance accountability and increase transparency in the implementation 42. Agreed. of the Staffing Plan, the government should: a) Require long-term care licensees to provide regular public reports on the progress of each of their long-term care homes in meeting the Staffing Plan targets discussed in the Recommendation #44; b) Instruct Ministry of Long-Term Care inspectors to audit these reports as part of the inspection process; and c) Provide public reports, including information from the individual home reports, measuring the rate and success of the sector’s implementation of the Staffing Plan. The government should post its progress reports on the Ministry of Long-Term Care website in a manner that makes them easy to find and review.
The government must implement its Staffing Plan in a manner that does not 43. Agreed. undermine the delivery of home care services.

Increase number of skilled staff 44. Agreed. See Recommendation #1.

AGENDA ITEM #c)

The government should implement the Staffing Plan’s increase in “hours of direct hands-on care provided by nurses and personal support workers, to an average of four hours per day per resident” on an urgent basis. In order to meet the target of four hours of direct nursing and personal support worker care, the number of those staff per resident should be increased, and their workload should be changed so they can spend more time providing direct care to each resident. The starting point for the target staffing mix for the four hours of direct care should be as follows, with adjustment made to reflect the needs of the residents in the home: a) 20 per cent registered nurses; b) 25 per cent registered practical nurses; and c) 55 per cent personal support workers.

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Recommendation/Comment (with reference to EOWC recommendations)

The government should ensure that its recruitment measures result in a skilled staffing mix that meets the increasing mental health and complex care needs of long-term care resident population. In particular, recruitment should focus on ensuring appropriate care by registered practical nurses, registered nurses, nurse practitioners and person support workers. Recruitment should see to increase the skill level in long-term care homes. Resident Support Aide hours should not be counted in the target average of four hours of direct care per resident.
Nurse practitioners are underutilized in long-term care. The role of nurse practitioners in long-term care should be expanded to better utilize their skills, and more nurse practitioners should be hired to meet the needs of the province’s long-term care residents. The Ontario Nurses’ Association and the Registered Nurses’ Association of Ontario recommend, and this Commission accepts, that the proper ratio for nurse practitioners in longterm care facilities be set a minimum of one full-time nurse practitioner for every 120 residents. The government should increase the number of nurse practitioners working in long-term care and target this nurse practitioner-toresident ratio while ensuring that any resulting adjustments to the staffing mix described above provide the same or more skilled direct care to residents.
Further to the French-Language Services recommendations above, the recruitment efforts of the Ministry of Long-Term Care and long-term care home licensees and management should include targeted efforts to attract and retain Francophone registered practical nurses, registered nurses, nurse practitioners and person support workers.
Agreed. RSAs should not be included in the four hour mix calculation, but the role of RSA should be recognized. See recommendation #1.
Agreed. Frontenac currently employs 1.5 FTE NPs.
Agreed.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations 48. The target increase for resident access to allied health professionals in the Staffing Plan is insufficient given their importance in improving resident quality of care and quality of life. The government’s target average care per day per resident provided by allied health professionals- including dieticians, speech language pathologists and audiologists, physiotherapists, occupational therapists, recreational therapists, social workers, and others – should be increased from 36 minutes (the target set in the Staffing Plan) to 60 minutes.

Recommendation/Comment (with reference to EOWC recommendations) 48. Agreed. Allied health professionals are integral to achieving a home environment. See recommendation #6. Frontenac is currently experiencing difficulty hiring many allied health professionals. Recommend including in the Provincial staffing strategy.

Retain and Attract Staff Improve working conditions and compensation 49. The Ministry of Long-Term Care must insist that licensees make changes in working conditions that lead to less reliance on agency and part-time staffing, and provide funding adequate to support these changes, which must include: a. Creating more full-time direct care positions. A target of 70 per cent full-time positions for nursing and personal support worker staff should be set for each long-term care home; and b. Reviewing agreements with direct care staff and making adjustments to better align their wages and benefits within the sector and with those provided in public hospitals. 50. Long-term care home licensees must recruit home management that have the leadership skills and capacity to lead and to create a respectful and inclusive workplace. In order to improve staff morale, licensees must create a workplace culture that is compassionate and values-based.

Agreed. Province must be prepared to take unilateral action where individual collective agreements place restrictions on management’s ability to schedule and staff in accordance with the 70% objective. See recommendation #4. Wage adjustment recommendations must be fully funded by the Province. LTCH that are above the wage target should not be disadvantaged by funding.
Agreed. Should be supported by Provincially led best-practice and training. See recommendations #1 and #4. Pandemic wage enhancements provided to front line staff are greatly appreciated, but the exclusion of management personnel leads to disillusionment, frustration and salary compression. It is also a disincentive for talented front line workers to move into leadership roles.

Support enhanced education, training and development

AGENDA ITEM #c)

Targeted wage increases have the potential to result in contravention of the Pay Equity Act.

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Recommendation/Comment (with reference to EOWC recommendations)

The government’s implementation of the Staffing Plan should prioritize “supporting continued development and professional growth for long-term care staff” to retain skilled, experienced and dedicated workers. Consistent with the recommendations made by the Honourable Justice Eileen E. Gillese as part of her Public Inquiry on the Safety and Security of Residents in the Long-Term Care Homes System, this training should be completed during regular work hours and staff should be paid for the time spent in training. This training should prioritize: a. Geriatric care; b. Skills and practices for effectively caring for residents with dementia and related illnesses in the long-term care home setting; c. Comprehensive and meaningful training on palliative and end-oflife care in long-term care; and d. IPAC training (discussed in more detail above).
The province must amend Ontario Regulation 79/10 to define ongoing training requirements for long-term care health care professionals, including the Medical Director, in key areas responsive to resident needs. These areas include IPAC, geriatric medicine, caring for patients with dementia and other cognitive dysfunction, the appropriate use of antipsychotic medication, palliative and end-of-life care, and leadership development and crisis management. Further to these requirements, and consistent with Justice Gillese’s recommendations, Ontario Regulation 79/10 should be amended to eliminate the training exemptions provided in section 222(1) and (3).
Agreed. Should be supported by Provincially led best-practice and training. See recommendations #1 and #4. Frontenac continues to experience difficulty hiring support employees in dietary, housekeeping, environmental services and administration. Quality care is not just limited to nursing staff and allied professionals. Staffing strategies should include support employees.
Agreed. Should be supported by Provincially led best-practice and training. See recommendations #1 and #4.
The Ministry of Health and Ministry of Long-Term Care should ensure basic requirements are in place to support the regulation of personal support workers and consider that initial regulation could be provided by an established health care regulator.
Agreed. All costs related to this initiative must be fully funded by the Province.

AGENDA ITEM #c)

Regulate personal support workers

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Long Term Care Commission Recommendations 54. The government should, with the assistance of relevant stakeholders, establish and implement standardized minimum training and education requirements for personal support workers.

Recommendation/Comment (with reference to EOWC recommendations) 54. Agreed. Should be supported by Provincially led best-practice and training. See recommendations #1 and #4.

Enhance Oversight of Medical Director 55. The Ministry of Long-Term Care and the Ministry of Health must work with the College of Physicians and Surgeons and the Ontario Medical Association to create a system of formal oversight for long-term care home Medical Directors, similar to the Medical Advisory Committee model for physicians with hospital privileges. This oversight should include a review and assessment of the candidate’s expertise in the care needs of the longterm care home resident population (including IPAC, geriatric medicine, caring for patients with dementia and other cognitive dysfunction, the appropriate use of antipsychotic medication, and end-of-life care), and in leadership and crisis management.

Agreed. Should be supported by Provincially led best-practice and training. See recommendations #1 and #4. The role of a Medical Director should be clearly defined, in particular, the relationship between a Medical Officer of Health and the Medical Director.

Funding Operational Funding: Increased Investment in Care 56. The overall funding for nursing and personal care must meet the overall health needs of the residents in the homes. The current approach, which uses the Case Mix Index to divide the fixed pot of funding among homes based on their relative need, is insufficient. The Case Mix Index should be used only as a measure of need to guide the overall funding for nursing and personal care. The level of nursing and personal care funding should increase to reflect this overall need.

Disagree. Current CMI is ineffective, unaudited and consumes valuable staffing resources that would be better utilized on the front line. Support a more simplified “per-bed” funding model. See recommendation #2.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations

Recommendation/Comment (with reference to EOWC recommendations)

In addition to the recommendation above, the Commission endorses implementing Justice Gillese’s recommendation to “encourage, recognize, and financially reward long-term care homes that have demonstrated improvements in the wellness and quality of life of their residents.” Improved resident outcomes should be specific and measurable (such as overall resident, family/loved ones and staff experience; appropriate use of anti-psychotic drugs as compared to other homes; maintaining weight; fewer infections).
It is important to give elderly people choices regarding the care they receive and enable them to age at home, where possible. For that reason, the government should increase funding to home care services, including innovative models of delivering home care, and to community-based supports for seniors.
It is important to give elderly people choices regarding the care they receive and enable them to age at home, where possible. For that reason, the government should increase funding to home care services, including innovative models of delivering home care, and to community-based supports for seniors. Long-Term Care Home Development
As outlined above, and in more detail in chapter 1, the government must urgently implement a model for building and redeveloping long-term care facilities to ensure that quality long-term care capacity is created to meet the province’s current and projected demand for beds. This model should separate construction of the home from its operation. Persons skilled at the former may not be appropriate for the latter.
Agreed. This recommendation is contrary to recommendation number 56, which advocates for the continuation of CMI.
Agreed. See recommendation #6. Frontenac currently utilizes the Gentlecare ® model and aspects of the Butterfly model.
Agreed. Frontenac has been an active participant in community paramedicine programs since 2013 and provides funding for rural transportation related to seniors travel to medical appointments.
Agreed. See recommendation #3. Fairmount Home is one of the oldest homes in the EOWC. Once Provincial funding plans for re-development have established, planning needs to commence regarding re-development of the facility.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations

Recommendation/Comment (with reference to EOWC recommendations)

The model for building and redeveloping long-term care facilities must also include appropriate incentives to: a) Create smaller, self-contained units within existing and new homes; b) Build smaller group homes to expand choices as part of a continuum of care for seniors; and c) Integrate homes into the broader health and social services community.
The province should provide additional support and incentives for applications from organizations that prioritize the availability of culturally and linguistically specific care to meet the needs of ethnically diverse residents.
The province must urgently implement a streamlined, expedited approvals process for creating redeveloped and new long-term care beds that accommodates the participation of existing and new not-for-profit and municipal licensees. The province should also insist that municipal governments streamline their municipal approval process for long-term care home development.
The Ministry must review and update the Long-Term Care Home Design Manual, 2015, as soon as possible to respond to long-standing infrastructure needs. The design standards must facilitate the implementation of infection prevention and control best practices. The updates to the Design Manual should include: a) Sufficient space to allow for the effective cohorting of residents in the case of an infectious disease outbreak; b) Design solutions to facilitate the effective provision of palliative care; and c) Updated heating, ventilation and air-conditioning systems. Improvements to ventilation systems in existing homes should be made on an urgent basis to bring them up to the revised standard and ensure regular maintenance.
Agreed. See recommendation #6. The rural nature of Fairmount Home is appreciated by many of our residents and families. Integration into the broader health and social services community will present a challenge. Province must recognize that rural lifestyle is part of the “home” experience for many residents and that centralized care in an urban campus of care model would deny residents of the rural home character they desire.
Agreed. See recommendation #6.
Agree with caution. See recommendation # 3. Municipal approval processes are guided by several pieces of legislation including the Planning Act, Development Charges Act and Provincial Policy Statements. Municipalities do not have the authority/ability to deviate from existing legislation or policies. Direction must be provided by the Province.
Agreed. See recommendation #3. Should also include funding for isolation units and family visitation units that will appropriately protect residents and staff from the spread of infections/contagions. Frontenac has submitted a grant application for funding to create a two bed isolation unit. A funding announcement has not been made.

AGENDA ITEM #c)

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Long Term Care Commission Recommendations 65. The licensing requirements under the Long-Term Care Homes At, 2007, should be updated to reflect compliance with the changes to the Design Manual.

Recommendation/Comment (with reference to EOWC recommendations) 65. Agreed. Must be accompanied by appropriate funding. See recommendation # 3.

Increase Accountability and Transparency in Long-Term Care 66. Agreed.

Agreed. The transparency and accountability requirement for municipal homes needs to be in alignment with the Municipal Act. Frontenac collects and reports publicly on Key Performance Indicators annually.

AGENDA ITEM #c)

The Ministry of Long-Term Care must require long-term care home licensees to publicly post: a) Current information about the individuals with decision-making authority at the owner/licensee level, including their names, contact details and annual compensation, along with relevant organizational charts for the licensee and any company retained to manage the long-term care home; b) The Long-Term Care Home Service Accountability Agreement between the local health integration network/ Ontario Health and the long-term care home licensee, and the Direct Funding Agreements between the Ministry of Long-Term Care and the long-term care home license; and; c) The most recent audited Long-Term Care Home Annual Report. Public Performance Indicators and Standards
The six clinical indicators tracked in the Health Quality Ontario long-term care home performance reports are a good first step in advancing transparency and flagging issues in homes. However, long-term care homes should monitor and report publicly on additional indicators to provide important information to residents, families and the general public. These additional indicators- the nature and collection of which should be standardized across the long-term care sector – should include family and staff experience, Medical Director engagement, staffing indicators such as direct care staffing mix, and direct care staff-to-resident ratios.

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Recommendation/Comment (with reference to EOWC recommendations)

Long-term care home licensees should be required to provide public reports on these key performance indicators at least annually. These reports, which should be posted to long-term care homes’ websites, should be accessible and easy to understand for members of the public. In addition to providing current information, this public reporting should track the performance of individual homes over time as measured by the key performance indicators. There reports should be reviewed and audited as part of the comprehensive inspection regime discussed below.
Long-term care homes currently supply data about residents to the Canadian Institute for Health Information (CIHI) using the Continuing Care Reporting System. The system provides a hindsight view of aspects of resident life and care. CIHI has implemented a new assessment standard (interRAI-LTCF) and reporting system (the Integrated interRAI Reporting System, or IRRS) in other jurisdictions that permits near-real-time collection of resident data, significantly improving timely data access in crisis situations. The government should consult with CIHI and long-term care stakeholders and then create a transition plan to introduce the new assessment and reporting system in Ontario. The transition plan should be completed within six months of the first consultation with CIHI and should include a plan for timely implementation, including public progress reports posted to the Ministry of Long-Term Care website.
The Ministry of Health should work with the Ministry of Long-Term Care to collect and analyze date on the long-term care workforce to determine current staffing profiles, achievement of staffing targets, and support HR planning and strategies at the provincial and home level.
An independent accreditation process is needed. This accreditation process must not depend on its funding on the organizations it is accrediting. This process must be provided for all homes.
The Ontario government should participate in current and future efforts to implement standards and best practices for long-term care across the country.
Agreed. The transparency and accountability requirement for municipal homes needs to be in alignment with the Municipal Act. Frontenac collects and reports publicly on Key Performance Indicators annually.
Agreed with caution. The administrative and nursing care burden associated with this recommendation will need to be supported by additional resources as well as recognize the home nature of long-term care. See recommendation #6.
Agreed. The EOWC LTC report completed by KPMG could be used as a template.
Agreed. See recommendation #4.

AGENDA ITEM #c)

Agreed. Frontenac is accredited by CARF.

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Long Term Care Commission Recommendations

Recommendation/Comment (with reference to EOWC recommendations)

Comprehensive and Transparent Compliance and Enforcement 73. Agreed. Frontenac County utilizes a Lean Six Sigma continuous improvement process. Our Administrator and many management staff are certified as well.

Agreed.
Agreed

AGENDA ITEM #c)

Compliance and Inspections 73. To support long-term care homes in their compliance and quality improvement efforts, the Ministry of Long-Term Care should establish a dedicated ministry compliance support unit as recommended by Justice Gillese in the Long-Term Care Homes public inquiry. The compliance unit should encourage and assist with compliance training tools, compliance coaching, sharing best practices, and tracking and reporting on improvements. 74. The Ministry should recognize that the concerns of the insurance industry are important. If insurance companies were to withdraw from the sector, it would have a significant negative impact on the construction and operation of long-term care homes. The government has a role to play to ensure that homes are able to obtain necessary insurance and should consult with long-term care licenses and the insurance industry to determine what additional solutions are needed. 75. The Ministry of Long-Term Care should develop a coordinated, comprehensive long-term care home inspection regime involving the Ministry of Labour, Training and Skills Development and the public health units. The inspection regime must ensure that residents enjoy the quality of life and receive the quality of care promised in the fundamental principle in the Long-Term Care Homes Act, 2007, and that a safe and healthy workplace is created for staff. The inspection regime must gather information from residents, their families and loved ones, and front-line staff. The Ministries and the public health units must promptly share the resulting data, findings and compliance enforcement steps with each other to ensure that the government’s regulation of long-term care homes is consistent, coordinated and complete.

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Agreed. Inspections must be supported by sufficient funding and a Provincially led best practices unit. See recommendation #5.

AGENDA ITEM #c)

The inspections conducted pursuant to the long-term care homes inspection regime should be unannounced. The long-term care homes inspection regime must include: a) Annual comprehensive Resident Quality Inspections (RQI’s) conducted by the Ministry of Long-Term Care. The continuous quality improvement report results should be reviewed and audited as part of the RQIs; b) Annual inspection of the IPAC program, including compliance with the requirements of the Long-Term Care Homes Act, 2007, and Ontario Regulation 79/10; the adequacy of the home’s IPAC program and related training, and assessment of the sufficiency of the home’s IPAC supplies and stockpiles, to be conducted by the public health unit. This inspection should include consultation with the relevant IPAC partners. To facilitate these inspections, the government should amend the Ontario Public Health Standards and related protocols and guidelines. This includes amending the IPAC Protocol 2019 to identify long-term care homes as a third category of settings subject to inspection by the public health unit at least once every 12 months for adherence to IPAC practices, with consequential amendments to the other IPAC protocols; c) The board of directors of the licensee, under the signature of the chair of the board (or the applicable equivalent), should publicly certify annually to the Ministry of Long-Term Care that the licensee has completed appropriate audits of the home’s IPAC program and pandemic plan, including the sufficiency of the home’s pandemic stockpile and testing of the plan; and d) Targeted inspections responsive to complaints, critical incidents and trends identified in the data generated from the inspection regime should continue to be conducted by the relevant Ministry or public health unit, with the assistance of other authorities where appropriate. The Ministry of Long-Term Care should consult with long-term care home staff, residents, and their families and loved ones about how to provide meaningful whistleblower protection to ensure timely reporting of concerns about the operation of long-term care homes and treatment of their residents.

Recommendation/Comment (with reference to EOWC recommendations)

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Recommendation/Comment (with reference to EOWC recommendations)

Enforcement 78. The results of the inspections conducted by the Ministry of Long-Term Care, the Ministry of Labour, Training and Skills Development, and public health units should form the basis for a clear and consistently applied enforcement regime. The enforcement regime should include: a) Proportionate and escalating consequences for non-compliance. Repeated findings of non-compliance must be met with consequences of increasing severity up to and including measures such as mandatory management orders and the transfer of the long-term care home owner’s operating licence; and b) A centralized public reporting system that provides meaningful current information about each home’s compliance and enforcement status, including: I. The dates of the most recent inspections and information about the cause and outcome of the inspections, including the findings made and how they were resolved and remedied; II. Current enforcement orders and unresolved inspection findings, including the status of any enforcement or remediation action and any enforcement or remediation deadlines; and III. Relevant historical data (e.g., historical inspection findings and enforcement orders with information about how those findings were resolved or remedied).

AGENDA ITEM #c)

Health Protection and Promotion Act Investigations

Agreed.

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Recommendation/Comment (with reference to EOWC recommendations)

The government must review the additional provisions of the Public Inquires 79-81. Agreed. Act and consider incorporating such other provisions that may assist the investigators in conducting section 78 Health Protection and Promotion Act investigations. Any such amendments must maintain the ability to ensure investigations are done expeditiously with maximum flexibility.
On more than one occasion the Commission was reminded about the importance of whistleblower protections. It therefore recommends strengthening the protections offered in the context of Health Protection and Promotion Act investigations
The government must take steps to ensure the timely and orderly production of documents for future investigations.

Ensure Public Access to Public Health Reports 82. To ensure that public health reports remain available for future reference 82-84. Agreed. and use, all such reports should be carefully publicly archived and readily available on the internet. In addition, other public health interest documents, such as Ontario’s 2016 Ebola Step-Down Plan, should not be labelled as the product of a previous government. 83. The Ministry of Long-Term Care told the Commission that the government will be receiving a report on the success of the decanting facility referred to as a Specialized Care Centre. That report should be made public. 84. The government should ensure that Commission websites and reports remain readily accessible online indefinitely.

Responding to the Commission’s Report 85. Agreed. Ongoing dialogue with licensee should be incorporated into reporting.

AGENDA ITEM #c)

The Ministry of Long-Term Care should, on the first and third anniversaries of the release of this report, table in the legislature a report describing for the benefit of the stakeholders and the public the extent to which it has implemented this Commission’s recommendations.

AGENDA ITEM #a)

Committee Report To:

Warden and Council

From:

Kelly Pender, Chief Administrative Officer

Prepared by:

Brieanna McEathron, Administrative Clerk

Date of meeting:

May 13, 2021

Re:

Community Development Advisory Committee – Report to Council

All items listed on the Community Development Advisory Committee Report shall be the subject of one motion. Any member of the County Council may ask for any item(s) included in the Community Development Advisory Committee Report to be separated from that motion and considered separately, whereupon the Community Development Advisory Committee Report without the separated item(s) shall be put to the vote and the separated item(s) shall be considered immediately thereafter. The Community Development Advisory Committee reports and recommends as follows:

May 2021 Update on COVID-19 Response Initiatives Be It Resolved That the Community Development Advisory Committee endorses the changes to the COVID-19 Response Plan to County Council.
Open Farms 2021 Be it Resolved That the Community Development Advisory Committee endorses the direction and actions related to Open Farms outlined in Report 2021-043 And Further That County Council authorize the Warden and Clerk to complete relevant agreements associated with grant applications outlined in Report 2021043

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AGENDA ITEM #a)

Minutes of the Community Development Advisory Committee Meeting May 13, 2021 Unconfirmed

A regular meeting of the Community Development Advisory Committee was held in virtual electronic format, hosted at the County Administrative Office, 2069 Battersea Road, Glenburnie on Thursday, May 13, 2021 at 10:00 AM Present Electronically: Betty Hunter, Chair Wilma Kenny, Vice Chair Councillor Alan Revill, Council Liaison Lisa Henderson Deputy Warden Denis Doyle Absent: Greg Rodgers Staff Present Electronically: Brieanna McEathron, Administrative Clerk (Recording Secretary) Richard Allen, Manager of Economic Development Alison Vandervelde, Community Development Officer Joe Gallivan, Director of Planning and Economic Development Kylie Huffman, Economic Development Student Call to Order The Chair called the meeting to order at 10:02 a.m. Adoption of the Agenda Moved By: Seconded By:

Deputy Warden Denis Doyle Lisa Henderson

That the agenda for the May 13, 2021 meeting of the Community Development Advisory Committee be adopted. Carried

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AGENDA ITEM #a)

Disclosure of Pecuniary Interest and General Nature Thereof There were none. Adoption of Minutes a)

Minutes of Meeting held February 11, 2021

Moved By: Seconded By:

Councillor Alan Revill Wilma Kenny

That the minutes of the Community Development Advisory Committee meeting held February 11, 2021 be adopted. Carried Deputations and/or Presentations Mr. Alex Jansen of the Kingston Film Office and Mr. J Joly will addressed the Community Development Advisory Committee regarding the potential to develop film & television opportunities in the region. [the information being presented, which the County does not have control over, is not in an accessible format but can be provided upon request]. Mr. Alex Jansen of the Kingston Film Office and Mr. J. Joly, provided the Committee with a presentation on the potential to develop film and television opportunities in the region, a copy of which is attached to the record in the Clerk’s Office. Deputy Warden Denis Doyle asked how this Committee and County Council should go about supporting this development and business throughout the County. Mr. Richard Allen noted that when the action plan is developed by Mr. Jansen and Mr. J. Joly it will be provided to the committee/Council with a list of actions required to support growth in the County. Ms. Wilma Kenny asked about the effects of these productions on small communities. Mr. J. Joly noted that these rural communities are an asset and these production companies ensure that all permits, garbage and traffic control is a main priority. Mr. Jansen explained that industry best practice is to leave the location as good as – if not better than – it was prior to filming. Ms. Betty Hunter asked if this project is geared to the south part of the County or the County as a whole. Mr. Jansen noted that the production companies are willing to work with all parts of the County. He also noted that they will be adding different locations to the location library that is provided to the production companies.

Community Development Advisory Committee Meeting Minutes May 13, 2021

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Page 2 of 4

AGENDA ITEM #a)

Reports to the Community Development Advisory 2021-042 Community Development Advisory Committee May 2021 Update on COVID-19 Response Initiatives Moved By: Deputy Warden Denis Doyle Seconded By: Wilma Kenny Be It Resolved That the Community Development Advisory Committee endorses the changes to the COVID-19 Response Plan to County Council. Carried 2021-043 Community Development Advisory Committee Open Farms 2021 Moved By: Councillor Alan Revill Seconded By: Lisa Henderson Be it Resolved That the Community Development Advisory Committee endorses the direction and actions related to Open Farms outlined in Report 2021-043 And Further That County Council authorize the Warden and Clerk to complete relevant agreements associated with grant applications outlined in Report 2021-043 Carried 7.

Communications a)

Email from Mary Kloosterman Annoucing Community Development Advisory Committee Resignation [Distributed to Members of Community Development Advisory Committee March 17, 2021] Email from Barrie Gilbert Announcing Community Development Advisory Committee Resignation [Distributed to Members of Community Development Advisory Committee March 19, 2021] Email from Richard Allen, Manager of Economic Development regarding Tourism Research Session [Distributed to Members of Community Development Advisory Committee April 20, 2021] Email from Councillor Ron Higgins regarding the Eastern Ontario Business Journal Update Eastern Ontario Business Journal [Distributed to Members of Community Development Advisory Committee May 7, 2021]

Community Development Advisory Committee Meeting Minutes May 13, 2021

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AGENDA ITEM #a)

Other Business Ms. Wilma Kenny requested that the Committee have the opportunity to review its mandate. Staff will schedule a discussion at the Committee’s next scheduled meeting. Councillor Revill requested staff disseminate results of the K&P Trail User Survey – specifically related to the preferences of non-motorized trail users – to the committee for review. Next Meeting The next regular meeting of the Community Development Advisory Committee is scheduled for Thursday, June 10, 2021 at 10:00 a.m. Adjournment Moved By: Seconded By:

Deputy Warden Denis Doyle Lisa Henderson

That the meeting hereby adjourn at 10:28 a.m. Carried

Community Development Advisory Committee Meeting Minutes May 13, 2021

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Page 4 of 4

AGENDA ITEM #a)

By-Law Number 2020-0015 of The Corporation of the County of Frontenac being a by-law to amend By-law No. 2013-0020 (to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings) as it relates to the expectations of Council Liaisons. Whereas pursuant to Section 238 of the Municipal Act, S.O. 2001 c.25 as amended, every Council shall pass a procedural by-law for governing the calling, place and proceedings of meetings; and And Whereas By-law No. 2013-0020, being a bylaw to provide for governing the proceedings of the Council and its committees, the conduct of members and the calling of meetings, was adopted by the Council of the Corporation of the County of Frontenac on May 15, 2013; And Whereas The Corporation of County of Frontenac deems it expedient to amend By-law No. 2013-0020 as it relates to Schedule D to delete the requirement for providing monthly overview of the Departmental activities unless there is something that needs county council support; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enact as follows: That Procedural By-law 2013-0020, as amended, be further amended as follows:

That Schedule D, Expectations be amended to delete: 

Monthly, provide an overview of the Departmental activities to County Council, And replace with: 

Provide a monthly update to County Council only if there is something that requires county council support.

That this By-law shall come into force and take effect upon the date of final passing. Read a First and Second Time this 19th day of May, 2021. Read a Third Time, Signed, Sealed and Finally Passed this 19th day of May, 2021. The Corporation of the County of Frontenac

Ron Vandewal, Warden

To amend By-law No. Page 107 of 118of the Council … 2013-0020 (to govern the proceedings

Jannette Amini Clerk

AGENDA ITEM #b)

By-Law Number 2021-0016 of The Corporation of the County of Frontenac being a by-law to authorize the execution of an Agreement with Province of Ontario should the application to the COVID-19 Resilience Infrastructure Stream Funding for the Fairmount Home HVAC Replacement and Disinfection System be successful. Whereas Sections 5 of the Municipal Act, 2001, as amended (hereinafter the Act) provides that a municipal power, including a municipality’s capacity, rights, powers and privileges, shall be exercised by its council by by-law, unless the municipality is specifically authorized to do otherwise; and, Whereas the County of Frontenac wishes to enter into an Agreement with the Province of Ontario should the application to the COVID-19 Resilience Infrastructure Stream Funding for the Fairmount Home HVAC Replacement and Disinfection System be successful; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows: 1.

That the Warden and Clerk are hereby authorized to enter into an Agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Long-Term Care should the application to the COVID-19 Resilience Infrastructure Stream Funding for the Fairmount Home HVAC Replacement and Disinfection System be successful.

That this By-law shall come into force and take effect upon the date of final passing.

Read a First and Second Time this 19th day of May, 2021. Read a Third Time, Signed, Sealed and Finally Passed this 19th day of May, 2021.

The Corporation of the County of Frontenac

Ron Vandewal, Warden

T o authorize the execution 108ofofOntario 118 sho… of an Agreement withPage Province

Jannette Amini, Clerk

AGENDA ITEM #c)

By-Law Number 2021-0017 of The Corporation of the County of Frontenac being a by-law to authorize the Warden and Clerk to execute an agreement with her Majesty the Queen in the right of Ontario, as represented by the Minister of Infrastructure should the application for COVID-19 Resilience Infrastructure Stream Funding in support of Frontenac Administration Reception Redesign be successful Whereas Sections 5 of the Municipal Act, 2001, as amended (hereinafter the Act) provides that a municipal power, including a municipality’s capacity, rights, powers and privileges, shall be exercised by its council by by-law, unless the municipality is specifically authorized to do otherwise; and, Whereas the County of Frontenac wishes to enter into an Agreement with Her Majesty the Queen in the right of Ontario, as represented by the Minister of Infrastructure for COVID-19 Resilience Infrastructure Stream Funding in support of Frontenac Administration Reception Redesign, should the application be successful; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac enacts as follows: 1.

That the Warden and Clerk are hereby authorized to enter into an Agreement with Her Majesty the Queen in the right of Ontario, as represented by the Minister of Infrastructure for COVID-19 Resilience Infrastructure Stream Funding in support of Frontenac Administration Reception Redesign, should the application be successful.

That this By-law shall come into force and take effect upon the date of final passing.

Read a First and Second Time this 19th day of May, 2021. Read a Third Time, Signed, Sealed and Finally Passed this 19th day of May, 2021.

The Corporation of the County of Frontenac

Ron Vandewal, Warden

To authorize the Warden 109 of 118 and Clerk to executePage an agreement with her Majes…

Jannette Amini, Clerk

AGENDA ITEM #d)

By-Law Number 2020-0018 of The Corporation of the County of Frontenac being a by-law to Establish a Process for Administrative Penalties. Whereas the Municipal Act, 2001, as amended, permits municipalities to enact by-laws under the category of “broad powers’ relating to the health, safety and well-being of its residents, and under the category of “spheres of jurisdiction”; and, Whereas section 434.1(1) of the Municipal Act, 2001, provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under that Act; and Whereas Council deems it necessary and expedient to establish a process for imposing, adjudicating and collecting administrative penalties in relation to contraventions of designated by-laws passed under the Act in conjunction with other municipal, Provincial and Federal enforcement mechanisms created in response to the COVID-19 pandemic emergency and provide an enforcement mechanism for future emergency situations; Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:

Definitions 1.1. In this By-Law: “Act” means the Municipal Act, 2001; “Administrative Penalty” means an Administrative Monetary Penalty established by By-law; “By-Law” means this by-law and any schedule to this by-law as they may be amended from time to time; “CAO” means the Chief Administrative Officer of The Corporation of the County of Frontenac; “Clerk” means the Manager of Legislative Services/Clerk for the County of Frontenac “County” means The Corporation of the County of Frontenac; “Council” means the Council of the Corporation of the County of Frontenac; “Declaration of Municipal Emergency” means a declaration of the Head of Council made pursuant to section 4 of the EMCPA;

To Establish a Process for Administrative of 118 Penalties [Proposed Page By-law110 No….

AGENDA ITEM #d)

“Designated By-law” means each by-law that is designated by Council as a by-law to which this By-Law applies as set out in Schedule A to this By-law or as referenced in any Order of the Head of Council issued pursuant to a Declaration of Municipal Emergency; “Director” shall mean the Chief Administrative Officer or his/her designate; “EMCPA” means the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E 9, as amended from time to time; “Fees and Charges By-law” means County of Frontenac By-Law Number 2021-0001, “Bylaw to Impose User Fees and Charges for Services”, as amended from time to time; “Head of Council” means the Warden of the County of Frontenac; “Hearings Officer” shall be an impartial person outside of the organization and shall be appointed by the CAO when required to perform the functions of a Hearings Officer pursuant to this By-Law; “Penalty Notice” means a notice given pursuant to sections 2.2 and 2.4; “Person” includes an individual, partnership, association, firm or corporation; “Screening Officer” shall mean the “Clerk” 2. Penalty Notice 2.1. Each Person who contravenes a provision of a Designated By-law shall, if given a Penalty Notice in accordance with section 3, be liable to pay to the County of Frontenac an Administrative Penalty in the amount specified by the Designated By-law, for each day or part of a day on which the contravention continues. 2.2. Any person designated to enforce a Designated By-law (hereinafter an “Officer”) who has reasonable grounds to believe that a Person has contravened any provision of a Designated By-law may give to the Person a Penalty Notice. 2.3. The Penalty Notice shall be given to the Person as soon as is reasonably practicable after the contravention has occurred and shall include the following information: a. the date the Penalty Notice is given; b. a reference number that is unique to that Penalty Notice; c. particulars of the contravention, including the date and location of the contravention, and the Person(s) to whom the Penalty Notice is being given; d. the monetary amount of the Administrative Penalty; e. the actions that must be taken by the person(s) named in the order to comply and any date by which compliance is required

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AGENDA ITEM #d)

f. such information as the Director determines is appropriate respecting the process by which the Person may exercise the Person’s right to request a review of the Administrative Penalty; and g. a statement advising that an Administrative Penalty will, unless cancelled or reduced pursuant to the review and appeal processes, constitute a debt of the Person to the County. 2.4.

A Person who is given a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer pursuant to section 3.

Review by Screening Officer 3.1.

Section 3 applies to reviews of an Administrative Penalty by a Screening Officer.

3.2.

3.3.

the Person shall be deemed to have waived the right to request a review; the Administrative Penalty shall be deemed to be affirmed; and the Administrative Penalty shall not be subject to review, including review by any Court.

No extension granted under this section will extend beyond the forty-second (42nd) day after the date receipt of the Penalty Notice is deemed to have occurred pursuant to section 5. 3.4.

A Person’s rights to request a review and to request an extension of time to request a review are exercised by giving to the County written notice of the request to review that includes: a. b. c. d.

the Penalty Notice Number; the Person’s mailing address and, if applicable, facsimile transmission number and/or e-mail address; in the case of a request to extend the time to request a review, the reasons, if any, for having failed to exercise the right to request a review within the time limited by section 3.2; particulars of all grounds upon which the request to review is based; and

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AGENDA ITEM #d)

3.6. The Screening Officer may a. receive submissions from the Officer who issued the Penalty Notice under review; and b. cancel, reduce or extend the time for payment of the Administrative Penalty where the Screening Officer is satisfied that doing so would maintain the general intent and purpose of this By-law and that: i. there is reason to doubt that the person contravened this By-law; or that ii. the person took all reasonable steps to prevent the contravention; or that iii. the cancellation, reduction or extension of the time for payment is necessary to relieve undue financial hardship. 3.7. The Screening Decision shall be given to the person in writing as soon as is reasonably practicable. 3.8. The person may appeal to a Hearings Officer against the Screening Decision pursuant to section 4. 4. Appeal to Hearings Officer 4.1. Section 4 applies to appeals to a Hearings Officer against Screening Decisions: 4.2. The right to appeal is limited to the following: a. Person who has been given a Screening Decision pursuant to section 3.7; and b. the Director. 4.3. A Person’s right to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:00 p.m. on the fifteenth (15th) day after the Screening Decision Date. 4.4. A Person’s right to request an extension of the time to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:00 p.m. on the tenth (10th) day after the Screening Decision Date at which time: a. the Person shall be deemed to have waived the right to appeal; b. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed; and c. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court. No extension granted under this section will extend beyond the forty-second (42nd) day after the Screening date. 4.5.

A right to appeal is exercised by giving to the County written notice of the appeal that includes: a. the Penalty Notice Number;

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AGENDA ITEM #d)

b. the Person’s mailing address and, if applicable, facsimile transmission number and/or e-mail address; c. in the case of a request to extend the time to appeal, the reasons, if any, for having failed to exercise the right to appeal within the time limited by section 4.3; and d. particulars of all grounds upon which the appeal is made. 4.6.

The Person shall be given no fewer than seven (7) days’ notice of the date, time and place of the hearing of the appeal.

4.7.

4.8.

4.9.

Subject to sections 4.4, 4.7 and 4.8, a Hearings Officer may: a. extend the time to request an appeal; and may b. make any decision that the Screening Officer could have made pursuant to this By-law.

4.10.

The decision of a Hearings Officer is final and not subject to review including review by any Court.

Notice 5.1.

Subject to section 5.3, any notice or document respecting this By-law, including the Penalty Notice, may be given in writing in any of the following ways and is effective: a. when a copy is placed on or affixed in any manner to a Person’s vehicle; b. when a copy is delivered to the Person to whom it is addressed; c. on the third (3rd) day after a copy is sent by registered mail or by regular letter mail to the Person’s last known address; d. upon the conclusion of the transmission of a copy by facsimile transmission to the Person’s last known facsimile transmission number; or

By-law 2021-0018 – a by-law to Establish a Process for Administrative Penalties May 19, 2021

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AGENDA ITEM #d)

e. upon the sending of the notice or document or a copy thereof by e-mail transmission to the Person’s last known e-mail address. 5.2.

5.3.

Financial Administration 6.1.

No Officer who gives a Penalty Notice may accept payment of the Administrative Penalty respecting that Penalty Notice.

6.2.

6.3.

Where a Person has paid an Administrative Penalty or an administrative fee that is then cancelled or reduced pursuant to this By-law, the County shall refund the amount cancelled or reduced.

6.4.

General 7.1.

The Director may appoint as Screening Officers and Hearings Officers such individuals and on such terms as the Director considers appropriate.

7.2.

Nothing in this By-law limits the County’s right to enforce a Designated By-law by any other legal means or to use any other process of enforcement available under law.

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7.3.

The short title of this By-law is the “Administrative Penalty Process By-law”.

Ron Vandewal, Warden

Jannette Amini Clerk

By-law 2021-0018 – a by-law to Establish a Process for Administrative Penalties May 19, 2021

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AGENDA ITEM #e)

By-Law No. 2021-0019 of The Corporation of the County OF Frontenac being a by-law to confirm all actions and proceedings of County Council on May 19, 2021

Whereas Section 8 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; and; Whereas Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto provides that a lower-tier municipality and an upper-tier municipality may pass by-laws respecting matters within the spheres of jurisdiction described in the Table to Subsection 2 subject to certain provisions, and; Whereas Section 5 of the Municipal Act, S.O. 2001, c. 25 and amendments thereto provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8 shall be exercised by its council and by by-law unless the municipality is specifically authorized to do otherwise; and; Whereas the Council of the County of Frontenac deems it expedient to confirm its actions and proceedings; Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:

That all actions and proceedings of the Council of the County of Frontenac taken at its regular meeting held on May 19, 2021 be confirmed as actions for which the municipality has the capacity, rights, powers and privileges of a natural person.
That all actions and proceedings of the Council of the County of Frontenac taken at its regular meeting held on May 19, 2021 be confirmed as being matters within the spheres of jurisdiction described in Subsection 2 of Section 11 of the Municipal Act, S.O. 2001, c.25 and amendments thereto.
That all actions and proceedings of the Council of the Corporation of the County of Frontenac taken at its regular meeting held on May 19, 2021 except those taken by by-law and those required by by-law to be done by resolution are hereby sanctioned, ratified and confirmed as though set out within and forming part of this by-law.

To confirm all actions and proceedings of County Page 117 of 118 Council on May 19, 2021…

AGENDA ITEM #e)

That this by-law shall come into force and take effect as of the final passing thereof. Read a First and Second Time this 19th day of May, 2021 Read a Third Time and Finally Passed, Signed and Sealed this 19th day of May, 2021.

The Corporation of the County Of Frontenac

Ron Vandewal, Warden

Jannette Amini, Clerk

By-Law No. 2021-0019 – To Confirm all Actions and Proceedings of County Council May 19, 2021

To confirm all actions and proceedings of County Page 118 of 118 Council on May 19, 2021…

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