Body: Council Type: Document Meeting: Regular Date: Date unknown Collection: Documents Municipality: Frontenac County
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Document Text
FINAL COPY OF THE ORDER TO IMPLEMENT THE PROPOSAL FOR THE RESTRUCTURING OF THE COUNTY OF FRONTENAC, ITS CONSTITUENT MUNICIPALITIES AND
THE CITY OF KINGSTON
Printed in the Ontario Gazette on February 15, 1997
THE ONTARIO GAZETTE! LA GAZETTE DE L’ONTARIO TAKE NOTICE that theexemption for the above undertaking has been extended to June 30, 1997. or such later date as subsequently specified in the same manneras provided in condition 16. so that condition 19(I)
now reads:
19 (I) “Subject to subcondition (2), this order expires June 3D, 1997. except that the Minister of gnvironrneru and Energy, takin~ i,OlO consideration the progress of MNR on preSUb~lss.l0n consultation and preparation of the Class EA for Provincial Park Management and upon written request of the Minister of Natural Resources. may extend this expiry date by notice in The Ontario Gazette.” .
355
NOW THEREFORE. the provisions of the restruCturing propo ! entitled “Proposal for the Reform of Local Govemance Kingst~ Frontenac” dated July 10, 1996. and the Supplementary Pr(:>"’~~ I dated September 5,1996 are hereby implemented, . 11.0
Deflnltlons- In this Order.
“f~rmer City” means The Corporation of the City of Kingston as it exurs on December 31. 1997.
“former municipality” means all or any of the former City. the forme Townships and The Corporation of the County of Frontenac as the; exist on December3I. 1997.
All ether terms and conditions remain the same. Signed at Toronto, Ontario. this 23rd day of December, ! 996. (5923)
NOR~IA.\1 W. STERLlSG.
7
Ministerof Environment and Energy.
“former Townships” means any of the townships affected by this Order as they exist on December 31. 1997. “local board” means a local board as defined in section 1 of Ontario Regulation 143/96,
NOTICE OF EXTENSION OF EXEMPTION ORDER MNR·26f7
“new City” means the new Corporation of the City of Kin"ston resulting from this Order as it will exist on January I, 1998, 1:0
RE: THE DISPOSITION BY THE MINISTRY OF NATURAL RESOURCES OF CERTAIN OR ALL RIGHTS TO CROWN RESOURCES. INCLUDING: .-
“new Townships” means the four new Townships resulting from this Order that will exist on January I. 1998.
hunting and fishing licences;
“regular election” means a regular municipal election held in accordance with the Municipal Elections Act. 1996. 2.0 Effective Date~ This Order is effective on January 8. 1997 unless otherwise stated in this Order.
leases; land use permits; and
3.0
Dissolution and Incorporation
3.1
The new City~
the sale of Crown land. Proponent: Ministryof Natural Resources
EA File No.: NR·AA·04 Condition 16 of Exemption Order MNR~2617 for the above undertaking. which was published as Ontario Regulation 772190. provides that the exemption order expires on December 31. 1996. or such later date as is determined by the Ministerof the Environment and published in The Ontario Gazelle. TAKE ~OTICE that the exemption for the above undertaking has been extended to April 20. 1998.orsuch later date as subsequently specified in the same manner as provided in condition 16. so that condition 16 now reads:
3.! (a) On January I• .1998 The Corporation of the City of Kingsr-and the Corporations of the Townships of Pinsburgh and King' and their local boards are dissolved and a new city to be named Corporation of the City of Kingston is incorporated. 3.l(b) The new City shall include the entire geographic area of the three former municipalities referred to in paragraph 3.1 (a). 3.1(e) Despite paragraph (a) the Hydro-Electric component of the Public Utility Commission for the fanner Ccrporarion of the City of Kingston is continued On January l. 1998 <:IS the Hydro-Electric Commission for the new Corporation of the City of Kingston. 3.2
16 .
“This exemption order expires on April 20. J 998, or such later date as the minister of Environment and Energy may specify in writing to the proponent and in The Ontario Gozette”
All other terms and conditions remain the same. (5924)
7
NOR~lA.-’; W. STERLl:\G. Minister of Environment and Energy.
Ministry of the Attorney General Ministere du Procureur General MUNICIPAL ACT
Order Made Under Section 25.2 of the Municipal Act to Implement the Proposal for the Restructuring of the County of Frontenac, Its Constituent Municipalities and the City of Kingston WHEREAS. pursuant to the provisi?ns of S7cllon 25.2 of the Municipal Act. the County of Frontenac, ItS con~tltuent municipalities and the City of Kingston. submitted a restructunng proposal;
The new Townships-
3.2(I lea) On January I. J 998 The Corporations of the Townships of Barrie. Clarendon and Miller, and Palrnerston. NoM and South Canonto and their local boards are dissolved and a new township to be named The Corporation of the Township of North Frontenac is incorporated. 3.2(1)(b) The new Township shall include the entire geographic area of the three former municipaliues refcrred to in paragraph J.2( I )(a). 3.2(2)(a) On me first day of January. 1998 The Corpcrauons of the Townships of Hinchinbrcoke. Kennebec. Olden and Oso and their local boards are dissolved and a new township to be named The Corporation of the Township of the United Municipality of Central Frontenac is incorporated. 3.2(2)(b) The new Township shall include the entire geographic area of [he four former municipalities referred to in paragraph 3.2(2)(a). 3.2(2)(c) Despite paragraph (a) (he North Frontenac Arena Board is continued on January I. 1998 as a board of The Corporations of the Townships of the United Municipality of Centra! Frontenac and Sou Frontenac. 3.2(3)(a) On January l. 1998 The Corporations of the Townships of Bedford, Loughborough. Portland and Storrington and their local
–’’’’’’~’''
THE ONTARIO GAZETTE I LA GAZETTE DE L’ONTARIO
356
boards are dissolved and a new township to be named The Corporation of the Township of South Frontenac is incorporated. 3.2(3)(b) The new Township shall include the entire geographic area of the four former municipalities referred to In paragraph 3.2(3lea), 3.2(3)(c) Despite paragraph (a) the North Frontenac Arena Board is continued on January 1. 1998 as a board of The Corporations of the Townships of South Frontenac and the United Municipality of Centra! Frontenac. 3.2(4)(a) On the first day of January.J998 the Corporations of the Townships of Howe Island and Wolfe Island and their local boards are dissolved and a new township [Q be named The Corporation of the Township of Frontenac Islands is incorporated.
5.1(b) Each member of council shall have one vote. 5.1(c) At the beginning of each term of council. a Deputy Mayo who is a member of the Board of Control receiving the Oreates~ number of votes in the regularelection immediately preceding Ute new e term of council. shall be appointed. 5.1 {d)
i)
The council. in accordance with subsection 64(1) of the ,Hunicipal Act. will have a Board of Control (the “Board”) consisting of the head of council and four controllers: The Board is subject to the provisions of the Municipal
ii)
3.2(4)(b) The new Townshipshall include the entire geographic area of the two former municipalities referred to in paragraph 3.2(4)(a).
3.3
twelve members. one elected from each of the t\li 1 Electoral District. e ve
iii)
rlcr except in the following ways:
I. the Board may be dissolved without the approval of the Ontario Municipal Board and with a minimum affirmative vote of 13 of the members of the council present at the meeting.
The Frontenac Management Board.
On January I. 1998 The Corporation of the Couruv of Frontenac and its local boards are dissolved and replaced by the “_ Frontenac Management Board (the “Board”),
J,3{a)
- council may authorize an appropriationor expenditure of a sum not provided for in the estimates or a special or supplemeruary estimate subject to the provisions under subsection 68(3) of the Act. if at least 14 days notice of the vote has been given. If less than 14 days notice of the vote is given then. despite subsection 68(3). an affirmative vote of 13 members of the council present is required.
The geographic area of the Board shall be the limit of the external boundaries of the new Townships described in paragraphs 3.2( I)(b), 3.2(2)(b), 3.2(3)(bl and 3.2( 41(bl.
3.3(b)
Despite paragraph 3.3(a) the county library board is continued on January l. 1998 but it is renamed and the composition is established in accordance with paragraph 6.3(c) of this Order.
3.3(c)
J.-t
- council may, with an affirmative vote of two-thirds of the members of council present, assignother duties to
Procedure to Change the Same of a new Township or the Frontenac vtanagemem Board-
the Board.
3.4 (a) The name of a new Township or the Frontenac Board of
Management as set out in this Order may be changed in 1998 subject to the following:
5.1 (e) The new City shall have twelve Electoral Districts as described in Schedule “I”.
- in the case of a new Township. upon a request from the council of the Township to the Minister, or
5.1(f) The Hydro-Electric Commission for the new Corporation of the City of Kingstonshall have three members. including the head of council and two other members selected from among the members of council.
(ii) in the case of the Board. upon a request from the Board which ‘IS accompanied by resolutions in support of the change. from a majority of the councils of the new Townships which ha ve more than half of the electors of all the Townships. 4.0 Elections- The 1997 regular election shall be conducted as if the former municipalities and their local boards were dissolved and the new City. the new Townships and their local boards are incorporated or continued as of January 8. 1997. 4.1 Term of Council- The term of the councils and members of local boards of the former municipalities “IS extended to December .“l J. 1997 and the term of the new councils and members of local boards elected in the regular election in 1997 shall commence on January l. 1998. this includes the.members who art’ appointed by virtue of their office 10 the Frontenac ‘vlanagemcni Board.
5.0 Composition of Council. Voting and Other Matters- The new City council. its Hydro-Electric Commission. the new Township councils and the Frontenac Management Board shall be composed of the members either elected or appointed in accordance with sections 5,1 105.6 5.1
5.2
The Corporation of the Township of North Frontenac-
5.2(a) The Council of The Corporation of the Township of North Frontenac shall have seven members composed of: i)
ill six councillors. two elected from each of the three Electoral Districts. 5.2(bJ
Each member or ccuncu shall have one VOte,
5.2(c) The new Township’s first procedural by-law shall provide for the appointment of a Deputy vlayor to act in place of the Mayor when
the Mayor is absent through illness. absent from the municipality Of thL’ office is vacant. 5.2(d) The new Township shall have three Electoral Districts with the following boundaries: i)
Electoral District No. I shall be composedof the entire former Township of Barrie:
II)
Electoral District So. 2 shall be composed of the entire formerTownship of Clarendon and Miller: and
The Corporation of the City of Kingston-
- J (a) The council of the new City shall have 17 members composed of: I)
a head of Council elected at large:
ii)
four controllers elected at large: and
a head of council elected at large: and
iii) Electoral District No. :I shall be composed of the entire former Township of Palmerston. North and South Canonto.
I ,i THE ONTARIO GAZETTE I LA GAZETTE DE L’ONTARIO S3
The Corporaf.ion cr toe Township of the United Municipality
of Central Frontenac5.3{a) The council of The Corporation of the Township of the United
Municipality of Central Frontenac shall have nine members composed of:
5.5(b)
Ii) eight councillors. twoelected from each of’fourElectoral Districts. 5.3(b)
Each member of council shall have one vote,
5.5(c) ‘!f!e new Township’s first procedural by-law shall prove…-:. IOf the appomtment of a Deputy Mayor to act in place of the Mayor when the Mayor is absent through illness, absent from the municipality or . the office is vacant. subject to the following rules:
a head of council elected at large: and
i)
i)
the Deputy Mayor shall reside in a different Electoral District than the Mayor. or
il)
where the Mayor does not reside in oneof the Township·s Electoral Districts. the Deputy Mayor shall reside in an Electoral District other than the one in which the Mayor elected to qualify as an elector.
Each member of council shall have one vote.
5.3(c) The new Township’s first procedural by-Jaw shall provide for the appointment of a Deputy Mayor to act in place of the ~aror hen the Mayor is absent through illness. absent from the municipality or
:v
5.5(d) The new Township shall have two Electoral Districts with the following boundaries:
the office is vacant.
;)
Electoral District :-’;0. I shall be composed of the entire former Township of Howe Island: and
ji)
Electoral District ;-";0. 2 shall be composed of the entire former Township of Wolfe Island.
5.J(d) The new Township shall have four Electoral Districts with the following boundaries: i)
Electoral District No. I shall be composed of the entire …… farmer Township of Kennebec;
ii)
Electoral District No.2 shall be composed of the entire former Township of Olden:
5.6
iii) Electoral District No.3 shall be composed of the entire fanner Township of Osc: and iv) Electoral District :–;0. 4 shall be composed of the entire . former Township of Hinchinbrcoke. 5,4
The Corporation of the Township of South Frontenac-
The council of The Corporal ion of the Township of South Frontenac shall have nine members composed of:
5.4(a)
a head of council elected at large: and
ii) eight councillors. IWO elected from each of four Electoral Districts. 5.4(b) Each member ofcounciJ shan have one Vale. 5.4(C) The new Township’s first procedural by-law shall provide for. the appointment of a Deputy Mayer to act in place of the Mayor when the Mayor is absent through illness. absent from the municipality or the office is vacant.
5.4(d) The new Township shall have four Electoral Districts with the following boundaries: EJcctoralDistrict :<0. I shall be composed of the entire former Township of Bedford:
il
If
I
Electoral District :-’:0. 2 shall be composed of the enure former Township of Portland;
Iii) Electoral District No. J shall be composed of the. entire Former Township of Loughborougb: and
ivI Electoral District No.4 shall be composed of the entire former Townsh ip of S torrington.
5.5
The Corporation of the Township of Frontenac Islands-
5.5(£1) The council of The Corporal·ion of the Township of Frontenac Islands shall have seven members composed of: i)
a head of council. elected at large: and
ii)
six councillors. three from each of the two Electoral Districts.
357
Frontenac Management Board-
5.6(a) The Frontenac Management Board (the “Board”) which is established on January I. J 998 is a body corporate. 5.6(b) The Board shall have four members composedof th~ Mayors from each of the Corporations of the Townships of North Frontenac. United Municipality of Central Frontenac, South Frontenac and Frontenac Islands. 5.6(c) A chair shall be elected from among the members of Board at its first meeting following each regular election. 5.6(d) Each member shall have one vote. 5.6(e) The Board shall provide in its procedural by-law for the selection of a deputy chair who will act in place of the chair when the chair is absent through illness or absent from the geographical area in which the Board operates or when the office is vacant. 6,0
Powers and duties of the Frontenac vranagemem Bear-d-
6.1(.1) The Frontenac Manaze mcnt Board (the “Board”) shall be deemed lO be a countv and thernembers of the Board shall be deemed 10 be the council of a ·county.
6.I(b) The Board shalf have for all purposes the powers.responsibil-
ities and duties of a county and the council of a county. including but not limited 10 those powers, duties and responsibilities listed in section 6.3. 6.I(Cl The new Townships shalf be deemed to be part of the county for municipal purposes. includina but not limited to those purposes fisted in sccucn 6.3. 6.2
Despite paragraph 6.I(al the Board is not deemed ‘.0 Ix a count:
for road purposes and shall not own, maintain, repair or construct
roads. 6.3(a)
Fairmount Home for the Aged.
6.3(a)
II
The Board shall be responsible for the management of the Fairmount Home for the Ased and the Board shan be deemed to constitute the comnuuee of management for purposes of the Humes for the Aged and Rest Homes Act.
ii) The annual cost of operating the Home shall be apportioned as follows: I. The new City shall be responsible for seventy four percent of the cost: and
TIlE ONTARIO GAZETTE I LA GAZETTE DE L’ONTARlO
353
- the new Townships and the Board shall be responsible for twenty six percent of the cost. iii) The percentage apportionment of costs set out in clause {ii) may be changed 10 reflect a proportionate change in household growth in the new City and in the new Town-
6.3(g) Howe Island Ferry- The Board shall continue, on January 1 1998 to be responsible for the operation of the Howe Island FerrY operated by the county on December 31. 1997. Allocation of Road Payments- The Board shall be responsible for the allocation of the payments made under section 7.2.
6.3(h)
ships, iv)
Subject to the requirements of the Homes for the Aged and R est Homes Act. if the Frontenac ManagementBoard
and new City agree to the sale or privatization of the Home. any resulting profit or proceeds from such action will be apportioned among the new City and the .ncw Townships in accordance with the cost sharing formulae set out in clauses (ii) and (iii), 6.3(b)
General Welfare Administration-
6.3(b) I)
The Board shall be responsible for the running and operation of the general welfare administration within the new Townships:
Ii) The Board shall contract with the new City for the computer technology required to run the general-welfare system. 6.3(0)
Library-
6.3(c)
i)
The county library board referred to in paragraph (c) of section 3.3 is. on January I. 1998. renamed the Kingston
- Frontenac Library Board.
ii} The compos ilion of the library board shall be in accordance with subsection 9(5) of the Public Libraries Act but is fixed at no {ess than 9 members and no more than eleven members who shall be appointed as follows: I. six to eight members appointed by the new City: and 2. three members appointed by the Board. iii) The annual cost of operating the library shall be apportioned as follows: l. The new City shall be responsible for eighty seven
percent of the cost: and 2. tilt: new Townships and the Board shall be responsible
for thirteen percent of the cost. IV)
The percentage apportionment of COSts set out in clause iii) may be changed to reflect a proportionate change in household growth in the new City and in the new Townships.
6.J(d) Planning- The Board shall be deemed to have delegated under subsection 54( J ) of the Planning A c/. consent granting authority under section 53 of the Act to the each of the new Townships on January 1. 1998. 6.3(c) Appointments by the Boar-d- The Board. as a deemed county council may appoint members (0 local boards. including:
7.0
General Financial Matters-
7.1
Area Rating-
7.1(a) A new Township may provide for a special mill rate adjustment to apply to the taxpayers of all or part of a former Township for the purposes of debts and deficits created prior to January I. 1998 by that former Township which now forms part of the new Township. 7.1 (b) A new Township may provide for a special mill rate adjustment to apply (0 the taxpayers of all or part of a former Township for the purposes of ferry. parks or road services if that service was delivered on December 31. 1997 by a former Township which on January I. 1998 forms pan of the new Township. or in the case of ferry service. which was delivered by the Province on December 31. 1997. 7.2
Compensation-
7.2(,) Subject to paragraph 7.2(b) the new City shall pay to the Frontenac Management Board SS75.000each year in two instalments. one payment of S300,OCQ payable on March 1. and a second payment of 5275.000 payable on September I. in each year. commencing on March l. 1998. The funds are for use in the reconstruction. resurfacing and other capital expenditures related the anerlal roads set out in Schedule “2” of this Order.
7.2(b) The payments referred to in paragraph (a) shall be increased annually by the percentage change in household growth. 7.2(c) The Frontenac Management Board shall allocate the funds referred !O in paragraph (a) to the appropriate Township in the current year. 7.2(d) Where the boundary of the new City is adjusted. if such an adjustment affects the kilometres of arterial roads listed in Schedule “2” located in the new Townships. the annual contribution referred to in paragraph (a) shall ex: adjusted on a pro rata basis. 7.2(e) , The council of the ne\l,’ City and the Frontenac Management Board shall. on or.aner January I. 20ra’; reconsider the annual comribuuon in paragraph (a). 7.3
Assets and Liabilities-
7.3(a) All assets. liabilities, obligations and responsibilities of The Corpcrauon of the City of Kingston and The Corporations of the
Townships of Pittsburgh and Kingston and their local boards are transferred to the new Corporation of the City of Kingston on January 1. 1998. without compensation. 73(b} All assets. liabilities. Obligations and responsibiliues of The: Corporations of the Townships of Barrie. Clarendon and Miller, and Palmerston. North and South Canonto and their local boards are transferred to The Corporation of the Township of North Frontenac on January I. 1998. without compensation.
the Children’s Aid Society of the County of Frontenac’,
the Kingston, Frontenac. Lennox and Addington Board of Health: and J. the Kingston. Frontenac. Lennox and Addington District Health Council.
Payments to Boards. The Board shall be responsible for paying its share of the operating costs for the Children’s Aid Society of the County of Frontenac and the Kingston. Frontenac. Lennox and Addington Board of Health.
6.3(f)
7.3(c) All assets. liabilities. obligations and responsibilities of The Corporations of the Townships of Kennebec. Olden. 050 and Hinchin· brooke and their local boards are transferred to The Corporation of the Township of the United .\funicipalilY of Centra] Frontenac on January I. 1998. without compensation. 7.J(d} All assets. Iiabilitlcs. obligations and responsibilities of The Corporaucns of the Townships of Bedford. Loughhorough. ponland and Storrington and their local boards art’ transferred to The Corporalion of the Township of South Frontenac on January I. 1998. without compensation.
TIlE ONTARIO GAZETTE! LA GAZETTE DE L’ONTARIO
I, transitional costs arising as a result of this Order and the incorporation of the new Township;
7.3(e) All assets. liabilities, obligations and responsibilities of The Corpcrarions of the Townships of Wolfe Island and Howe Island and
their local boards are transferred to The Corporation of the Township of Frontenac Islands on January I. 1998. without compensation.
- any remaining amount resulting from the savings will be used to reduce the impact of tax increases resulting from the incorporation of the new Township.
7.3(f) All assets. liabilities. obligations and responsibilities of The Corporation of the County of Frontenac and its local boards are transferred, without compensation. to the new City the new Townships. or the Frontenac Management Board on January I. 1998 in accordance with the provisions of Section lOA.
7.4
7.5(c) The Frontenac Management Beardi)
The 1998 budget of the Board shall not exceed the 1996 budget of the former Corporation of the County of Frontenac.
ii)
The 1998 budget of the Board shall be reduced by a minimum of five percent of the County’s discretionary expenditures in 1996.
Restrictions on Reserves and Reserve Funds-
7.4{a)
The new City shall use the 54.700.000 in the reserves of the
former Corporation of the Township of Pittsburgh existing on January 8.1997. which have been used for rate stabilization in the past. for the benefit of the residents in the area of the fanner Township of Pittsburgh.
7.6(1) Phase-In of Tax Increases Resulting from This OrderAny municipal tax: increase that would occur solely as a result of the incorporation of the new City. the new Townships. the Frontenac Management Board or their boards. after application of the savings referred to in subclauses 7.5(a)(ii) and 7.5(b)(ii) shall be limited to three percent per year of the real property tax bill.
In J 997, the former Corporation of the Township of Kingston may use S4.000,000 of its reserve funds to construct. equip and operate a library located within the area of the former Township,
7 A(b)
7,4(c) Reserves and reserve funds of the former municipalities. transferred on January L [998 to the new City. new Townships’tor Frontenac Management Board shall be maintained and used for the purposes for which they were designated on December 31. 1997 by the former municipalities.
7.5
v-
Restrictions on 1998 Budgets:
7.5(a)
359
7.6(2} Financing the Tax Phase-Ins- The three percent limitation on municipal tax increases referred to in subsection 7.6(1) will be financed by reducing tax decreases that would occur solely as a result of the Order and the incorporation of the new City. the new Townships. the Frontenac Management Board and their local boards in order to finance the limitation.
New City-
former Corporation of the City Kingston and the former Corporations of The Townships of Pittsburgh and Kingston and their local boards in 1996.
8.1(I)(a) On January l , 1998 every by-law and resolution of the former municipalities and their local boards Shall become by-laws and resolutions of the new City. the new Townships. the Frontenac Management Board and their local boards in which the area of the former municipalities is located.
The new City’s reduction in its 1998 budget as set out in clause (i) shall be the greater of:
8.1 (I )(b) The by-laws and resolutions referred to in paragraph (a) shall remain in force until amended or repealed.
l . I S percent of the discretionary expenditures in 1996
8.1(2)(a) Despite subsection 8.1(1) on January l . 1998 any by-laws or official plans of the former municipalities passed under section 34 or approved, respectively. under the Planning Act shall be continued as the by-laws or official plans covering the area of the former municipality now forming pan of the new City. the new Township or the Frontenac Management Board.
The 1998 budget of the new City and its local boards shall be less than the combined 1996 budgets of the
j}
ii)
for each of the former municipalities constituting the new City. or ., a minimum of S7.000,()(X), iit) The: savings realized as a result of clause ii shall be appl ied to the following: I. Transitional costs arising as a result of this Order and
- I(2)(b) The: by-laws and official plans referred [0 in paragraph (a) shall remain in force until amended or repealed under the Planning Act.
the incorporation of the new City:
7.5(b)
., once the transitional costs are paid. any outstanding amount resulting from the savings will be paid into a reserve fund for an improved linkage to the area of the former Township of Pittsburgh: and
8.1(3) A by-law or resolution of the former municipalities or their local boards. which could not have been lawfully repealed by the council or local board of a former municipality shall remain in force as a by-law or resolution of the new City, the new Township. the Frontenac Management Board or their local boards in which the area of the former rnurucipaluy is located.
.. any remaining amount resulting from the savings will be used [0 reduce the impact of tax increases resulting from the incorporation of the new City.
9.0
New Townshipsi)
The 1998 budgets of each of the new Townships shall be
Jess than the combined 1996 budgets of the former townships which constitute each of the new Townships.
vlunlclpal Services
9.1 Fire Departments- The separate fire departments of the former municipalities as they existed on December 31. 1997 may be continued within the new City and the new Townships. The continuation of the existing fire departments includes the continuation of a fire chief for each of the fire departments. Restriction on Payments for :-Iunicipal Services- In the event that the cost of operating the Wolfe Island Ferry becomes the responsibility of The Corporation of the Township of Frontenac Islands none of the new City. the other new Townships or the Frontenac Management Board shall be required to contribute to the operation of the ferry.
9.2 iij
The new Townships’ reductions in their 1998 budgets. as set out in clause i). shall be a minimum of five percent of the discretionary expenditures in 1996 of each of the former Townships which constitute the new Township,
iii) The savings realized as a result of clause Ii) shall be applied to the following:
10.0 Transition Provisions
360 10. l
THE ONTARIO GAZETIE I LA GAZETIE DE L’ONTARIO Staff Complement- In 1998 the new Cit)’, the new Townships
and the Frontenac Management Board and their local boards shall restrict their maximum staff complements 10 the combined totals that
existed in each of the former municipalities and their local boards on June 21, 1996 which form pan of the new City. the new Township or the Frontenac Management Board and their local boards. 10.2
Transition Boards-
IO.2(!) Definition- For the purposes of sections 10.2. lO.J arid lOA “new municipalities” means the new City. the new Townships and the Eroruenac Management Board. lO.2(2) Establishment of Transition Boards- On January 8. !997 a Transition Board (the “Board”) and an Assets and Liabilities Transilion Board. which are bodies corporate. are established for the each new municipality, and the Boards will cease to exist as of January l. 1998
(b> may require that the existing councils of the former municipalities forming each Board shall not ex- /-~’< certain powers. only to the extent those powers are ified and apply to tach Board in sections 10.3 and IvA. without first obtaining lhe approval of the Board. 10.3(2) During the term of the Boards. each Board may exercise the powers which the councils of the new municipalities will have when they are incorporated, only to the extent that those powers are specifled in section 10.3. IO.3(3) Specified Powers of the Transition Boards-Each Board may exercise the following powers of council:
(a} adopt transition plans for 1997, including budgets; (b) conduct studies, research and consuhaticns regarding
municipal functions, organizations. staffing, standards and performance:
io.zr» Composition(C)
lO.2(3)(:!.i The Board for the. New Corporation of the City of Kingsion shall be composed of the heads of council of the former Corporation of the City of Kingston. the former Corporations of the Townships of Kingston and Pittsburgh.
(d) establish
organizational structures, administrative and management systems. positions. preliminary job definitions, job descriptions, policies, adopt by-laws and budgets and other documents. for the new municipalities:
IO.2(3)(bl The Board for the new Corporation of the Township of North Frontenac shall be composed of the heads of council of lhe former Corporations of the Townships of Barrie, Clarendon and Miller and Patrnersto». North and South Canonto. IO.2(3HC) The Board for the new Corporation of the Township of the United Municipality of Central Frontenac shall be composed of the heads of council of the former Corporations of the Townships of Hinchinbrooke. Kennebec. Olden and Oso.
(e) establish fully operational municipal organizations which shall. on. Januarv l. 1998. become the new municipalities: (I)
approve ‘hose expenditures, execute such contracts ‘c act as the employer for each of the former munlcipalit which constitute part of the Board. where necessary lUi transitional purposes:
(g)
purchase. lease or dispose of any assets of each former municipality which constitutes part of \hat Board or req\l\re- the approval of the Board before a former municipality purchases, leases or disposes of any asset:
IO.2(3}(d) The Board for the new Corporation of the Township of South Frontenac shall be composed of the heads of council of the former Corporations of the Townships of Bedford, Loughborough.
Portland and Storringjon.
1O.2(3)(c) The Board for the new Corporation of the Township of Frontenac Islands shall be composed of the heads of council of the former Corporations of the Townships of Howe Island and Wolfe Isl3.nd <Inc any number of additional councillors selected by those heads of council. IO.2l3Hfj
i)
The Board for the Frontenac Management Board sh;:111
be composed of the heads of council of the former Corporations of the Townships of Barrie. Clarendon and Miller, Palmerston. North and South Cancnto. Hinchinbrooke. Kennebec, Olden, Oso. Bedford, Loughborough. Portland. Stcrrington. Howe Island and Wolfe Island.
iii
(h} offer. or require the approval of the Soard before a fanner municipality constituting pan of the Board offers. employees of the former municipalities ernpicymem with the new municipalities and this may include appointments to the new municipalities. inducements to terminate employment. severance allowances. training assistance or such other benefits as are necessary to fill the positions in the new monicipaliues or to meet the reoutrereeocs of the budgets of the new municipalities for 1998:
The Board shall establish an executive committee
may give notices of layoff. ?f provide for severance or compensation in lieu of notice or Path nonce and compensation. as required:
comprised of four members from those: heads of council listed in clause II of paragraph (f) who shall be responsible for representing the Board in any intermunicipal discussions with the: Board which represews the- new Corporation of the City of Kingston.
establish mechanisms for identifying. selecting and appointing employees \0 the new municipalities:
10.2(4) Procedural Rules- Each Board as 500n as practicable. but no later than February 15, 1997 shall adopt procedural rules and systems of comrots to govern its activities.
10.3
ensure that appointments to positions with the new municipalities and their local boards are made from among those employees who have been employed by the- former municipalities and their IOC;11 boards since at least june 22. 1996.
Powers or the Transition Boards-
IOJ( I) For the purposes of this section and section 10.4 each Transition Board and Assets and Liabilities Transition Board:
(a) may exercise the powers of the existing councils of the former municipalities which form part of the Board. only to the extent that those powers are specified and apply 10each Board in this section and section 10.4.
require the production of financial jlno other data. information and statistics from each of the former municipalities and their local boards:
tl)
negotiate and enter into agreements with employees on.. . groups of employees of the former and new municipalilies. or require the- Board’s approval before a Jorrncr municipality which constitutes pan of th~ Board ncgotiares and enters into a contract with its employees or groups of employees:
THE ONTARIO GAZETTE / LA GAZETTE DE L’ONTARIO (m) with the assistance of a human resource advisory committee. establish uniform policies relating to offers of employment or termination of employment. and ensure their fair application: (o) establish the positions and offices necessary for transiuonal purposes for interim municipal administration: (0)
despite paragraph (k). may appoint. in 1997. interim employees to positions with the new municipalities for a period not exceeding 12 months for the purpose of orga-
nizing and implementing the new municipalities: (p) shall provide that employees who held non-bargaining unit positions with a former municipality or its local boards. who are offered employment with and will be employed by the new City. a new Township. the Frontenac Management Board or their local boards. in a bargaining unit position. be credited with seniority a! a rate of one hundred percent for the employee’s length of service with the fermer municipality or its local boards as if the position or positions held with the former municipality or its local boards would have been a bargaining unit position with the new City. new Township. Frontenac Management Board or their toea!” boards: (q)
may retain employees. officers and advisors of the transition boards and incur expenses on behalf of the transition boards and their employees and agents:
(r) establish electronic or manual information systems. records and books of accounts for the new municipalities and for the operation of the Board;
10.4(3) The Boards shall on or before December 31. 1997 make a determination as to the final adjustment of assets and liabilities to take effect on January J. 1998. 10.4(4) The Boards will forward their determination of the final adjustments to the new municipalities and the Frontenac Management Board within 30 days of the final adjustments referred to in subsection (!) and any dispute will be settled in accordance with section 13.1, IO.4(5)(a) Each Board shall review and approve all financial uamac. cons of the former municipalities. in excess of $10.000 that are not included in the approved municipal capital budgets for 1997. 10.4(5)(b) Each Board shall review and approve expenditures of the former municipalities. during J 997 . from reserve and reserve funds. financial commitments which extend beyond December 3 J. 1997 and the acceleration of any project originally scheduled to commence after December 31. 1997. 10.4(5 )(e) Each Board shall review and approve any increase in salary or wages that are not as a result of the former municipality’s job evaluation process or a promotion or increase within the salary or wage grid of the former municipality in place as of December 31. 1995. 10.4(6) In the event that a treasurer on the Board is unable to approve any matter referred to in paragraphs (a) to (C) of subsection 10.4(5) the matter shall be resolved in accordance with section 13.2,
11.0
attribute COS1S for transitional activities including direct and indirect costs for the operation of the Board. new municipalities. employee voluntary exit payments and severance payments made in 1997 to the former municipalities according to each municlpaluy’s share of the costs except where the Board determines that a cost has been incurred to benefit one or more of the new municipalities solely. in which case costs shall be attributed, as determined by the Board. on a proportional basis to the benefitting municipalities:
Advisory Committees
11.1 Rural/Urban Liaison CommitteeJ I .1(1) A rural/urban liaison advisory committee shall be established prior to February l. 1998 and shall be comprised of:
(s) establish and implement communication plans for employees and the public: (t)
i)
The head of council and tWO members of the Board of Control of the new City: and
ii)
the Chair and two members of Frontenac Management Board,
II.l(2) The Committee shall meet at least quarterly Wilh the Chief Administrative Officers of the new City and the Frontenac Management Board for the purposes of:
i)
Discussing ‘Issues nnsmg from joint agreements: and
il) recommending solutions (V)
(V)
issue debentures on behalf of the former rnunicipalhies or require the approval of the Board before a former municipality constituting pan of the Board issues debentures for some or all transitional costs. for a period which shall not exceed ten years’, may despite paragraph (u) cause some or all of the transuional costs allocated to a former municipality to be borne in 1997 and reduce the debt repayment and service COSts aunbutablc to the ratepayers of that area forming part of the new municipality to retire a transitional cost debenture: and
(w) determine the amount of the discretionary expenditures for the purposes of 1998 budgets of the new municipalities. lOA
361
to
matters
of
common
concern. 11.1(J) The .location of the Committee’s meetings shall alternate between municipal offices and the chair of the meeting shall be the hcac of councilor Chair of the Frontenac Management Board hosting the meeting.
12.0
Restrictions on Further Boundary Adjustments-
12, i( I) The new City shall nor propose the anne-cation of lands from the Township of Frontenac lslands. or the Township of South Frontenac by making a restructuring proposal under section 25.2 of the Municipal At:t. or requesting a commission under section 25.3 of the Act. nor shall it enter into an agreement which could be implemented in accordance with the Municipal Boundary Negotiations ACf unless all the new Townships and the Frontenac Management Board agree. by resolution. to such an annexation.
Assets and Liabilities Transition Boards-
IO.4( I} An Assets and Liabilities Transition Board or Boards. composed of treasurers f rom each of the former municipalities shall be established in January of 1997. “2.) The /irst mccune of the Board or Boards will be called and the Minister from the Ministry of Murriecnaircu by staff Selected ipal Affairs and Housing Regional Operations Branch.
by
l2.1(2) Despite subsection 12.1(1) the new City may seek to annex lands by making a restructuring proposal. requesting a commission or entering into an agreement under the ,¥funil.:ipal Boundary ,Vegulialiun Act if the circumstances described in one of paragraphs (a). (bl. or (c) exist alter January I. 1998: (3)
i)
where the lands are located within any of the new Townships:
362
THE ONTARIO GAZETTE! LA GAZETIE DE L’ONTARIO ii)
those lands are within 1000 metres of the boundary of the new City:
i)
any of the new municipalities may retain a mediator. at the cost or that municipality, to assist in the resolution of ‘I,’ dispute arising out of the interpretation of this Order. (
ii)
in accordance with the provisions of the Arbitrations Act: or
iii) final approval for residential development has been given for a development on those lands of more
than nineteen lots or dwelling units either by way of plan of SUbdivision or consent on less than 8.1 hectares: and
IV) the new City is requested by the Township in which the landis located or is required by law to provide municipal Water or sewer services to that
iii) the matter may be referred to the councils of the new municipalities for resolution. AL LEACH
Minister of Municipal Affairs and Housing
development.
Dated at Toronto on January 7th, 1997. (b) i) ii)
where the lands are located within any of the new Townships: the lands arc within 500 metres of the boundary of the new City and are not separated by a natural barrier: and
iii) construction of a commercial development, with a
gross floor area exceeding 1.860 square metres on two or more adjacent lots is completed. (c)
i)
where lands are located within any of the new Townships:
Ii)
the lands are Within 500 metres of the boundary of the new City and are not separated by a natural barrier; and
iii) construction of an industrial development on more than 4 hectares of land on one or more adjacent lots is underway. J2.1(3)
If any lands which meet the conditions set out in paragraphs
(a). (b) or (c) of subsection 12.1(2) are proposed to be annexed by the new City. the new City may also include in the proposal. request for a commission or agreement. such additional lands as are reasonably necessary to provide for an appropriate boundary between the new City and the new Township in which the lands proposed for annexation arc located. The new City. all the new Townships and the Frontenac Manugernent Board may agree that the City will not propose to annex. by making a restructuring proposal. requesting a commission or entering into an agreement. any lands meeting the conditions set OUt in any of paragraphs (a). (b) or (c) of subsection 12.1 (2) for a specified period of time.
SCHEDULE “1” ELECTORAL DISTRICT SO. I The boundaries are described as: · to the North .
the boundaries of the former Townships of Kingston and Pittsburgh;
· to the East
the boundary line of the Township of the Rear of Leeds and Lansdowne;
· to the South .
Highway 401 and Collins Creek & Taylor Kidd Boulevard; and
· to the West .
the boundary of the former Township of Kingston.
ELECTORAL DISTRICT 1’;0. 2 The boundaries are described as: · to the Ncrth .
Highway 401, in the fermer Townsh.; _ Kingston:
to the East
Gardiner’s Road (Hwy. 38). in the former Townshipof Kingston;
· to the South ~
Taylor Kidd Boulevard, in the former Township of Kingston: and
to the West .
Collins Creek. in the former Township of Kingston.
12.1 (4)
!J.O
Dispute Resolution-
! J.l If after the December J I. 1997 adjustment of assets and liabilities. by the Boards established pursuant to section lOA of this Order. [here is any dispute as to the adjustment the municipality or local board affected by the adjustment. may within 30 days after receiving notice of the final adjustment. appeal the decision by filing a notice of appeal. with reasons. with the Minister of Municipal Affairs and Housing. The Minister shall appoint a board of arbitrators and the dispute shall be resolved in accordance with the provisions of the Arbitrations Act. J 3.2
Where a matter under paragraphs (a) through (c) of subsection
10.4(5) is not resolved the matter shall be referred to the council of the
former municipality which the dissenting treasurer represents and if the council does not deal with the matter within 30 days of the referral the matter shall be considered to be approved. 1J.J A dispute arising under paragraph (p) of subsection 10.3(3) may be resolved as if the dispute were one concerning the interpretation. application or administration of a collective agreement. J3.4 Any other dispute. other than those referred to in sections I3.J and 13.2. arising out of the interpretation of this Order may be settled by any of the following means:
ELECTORAL DISTRICT :-10.3 The boundaries are described as: to the Notth .
Taylor Kidd Boulevard. in the former Township of Kingston:
to the East
Gardiner’s Road. in the former Township of Kingston:
to the South .
Bath Road (County Road #33), in the former Township of Kingston: and
to the West •
Coronation Boulevard.
ELECTORAL DISTRICT SO. 4 The boundaries are described as: to the North .
Bath Road. in the fermer Township of Kingston:
to the East -
Little Cataraqui Creek. in the; Township of Kingston;
. to the Soutb .
Waterfront of Lake Ontario (Horsey Bay. Everett Point and Sand Bay). in the former Township of Kingston; and
THE ONTARIO GAZETTE I LA GAZETTE DE L’ONTARIO Waterfront at Collins Bay (Lemoine Point), in the former Township of Kingston.
. to the West -
ELECTORAL DISTRICT NO.5
363
ELECTORAL DISTRICT NO. 10 The boundaries are described as: . to the Nonh .
Johnson & William Streets. in the fanner City of Kingston’.
to the East
.
the midpoint of Kingston Harbour between the former City of Kingston and the former Township of Pittsburgh:
The boundaries are described as: to the Nonh -
Bath Road (County Road #33), in the former City of Kingston:
to the East
Sir John A. Macdonald Boulevard, in the former City of Kingston;
to the South .
Lake Ontario (Kingston Harbour). in the former City of Kingston: and
to the South -
Lake Ontario, in the former City of Kingston; and
to the West·
Sir John A. Macdonald Boulevard. in the former City of Kingston.
Little Cataraqui Creek, in the former City
to the West -
ELECTORAL DISTRICT NO. 11
of Kingston.
The boundaries are described as:
ELECTORAL DISTRICT NO.6 The boundaries described as: to the North -
Princess Street (Highway #2);
to the East
Princess Street:
to the South .
Bath Road (County Road #33); and
to the West •
Gardiner’s Road.
to the North .
Railway Street as projected
to the East
.
Great Cataraqui River. in the former City of Kingston:
. to the Soath .
the midpoint of the Great Cataraqui River between the fanner City of Kingston and the fanner Township of Kingston; and
. to the West .
ELECTORAL DISTRICT NO.7 The boundaries are described as:
ELECTORAL DISTRICT NO. 12
to the NOM·
Highway #40 I;
10 the East
the midpoint of Great Cataraqui River between [he former City of Kingston and former Township of Pittsburgh;
to the South -
Princess Street, Counter Street, Division Street, and Railway Street as projected to the Great Cataraqui River: and
to the West
Gardiner’s Road.
Division Street. in the former City of Kingston.
The boundaries are described as:
ELECTORAL DISTRICT NO.8
to the North .
HIghway No. 4() I. in the’ former Township of Pittsburgh;
to the East
the boundary Line of the Township of the Rear of Leeds and Lansdowne:
to the South -
the 51. Lawrence River. in the fanner Township of Pittsburgh: and
to the West .
the midpoint of the Great Cataraqui River between the fanner City of Kingston and former Township of Pittsburgh.
The boundaries are described as: to the North .
Counter Street, in the fanner City of Kingston;
to the East
Division Street, in the former City of Kingston:
to the South .
Concession Street, in the former City of Kingston: and
SCHEDULE “2” ARTERIAL ROAD ~EEDS
to the West
Princess Street, in the former City of Kingston.
ELECTORAL DISTRICT NO.9 The boundaries are described as:
in the
Total Length (KM)
KTIPT Length
Length
IK~l)
(K~I)
Penh
41.6
7.8
33.8
Banersea
33.3
8.0
25.3
Sydenham
18.6
10.0
8.6
Road
Net
to the North -
Concession Street/Bath former City of Kingston:
Bellrock
10.0
10.0
to the East
Division Street. in the fanner City of Kingston’.
Harrowsmirh
15.7
15.7
to the South .
Johnson Street, in the former City of Kingston; and
Howe Island Drive and associated costs
15.7
15.7
to the West
Sir John A_ Macdonald Boulevard. in the fanner City of Kingston.
TOTAL
Road.
109.1 \
