General Provision
These guidelines are created to provide a framework for standardizing posted speed limits and managing the placement of stops in the municipality of Casselman. The objective of these guidelines is to provide a process when requests for modifications to speed limits or stop placements are received.
Definitions
Policy Application
The application of this policy is enforced by the Director of Public Works. Requests concerning a road under the jurisdiction of the United Counties of Prescott and Russell (UCPR), including Principale Street and St-Isidore Street, may be received. The Director of Public Works of the Municipality of Casselman will process the request according to this policy and will forward the request to the UCPR for approval if necessary.
Requests concerning a road of combined jurisdiction between the Municipality of Casselman and the Municipality of La Nation may be received. The Directors of Public Works of both municipalities will work together to process the request.
Policy Requirements
Posted Speed Limits
In accordance with the Ontario Highway Traffic Act, unless signage is installed, the de facto speed limit is 50 km/h in urban areas and 80 km/h in rural areas. In Casselman, unless otherwise indicated, the maximum speed limit is 50 km/h everywhere.
However, there may be circumstances where a change to the speed limit may be deemed appropriate.
In order to consider a change in speed within our municipal limits, the Director will base his recommendation using the tools and guidelines established by the Transportation Association of Canada (TAC). The TAC is used by the majority of municipalities in Canada for a defined assessment of all criteria. Everything is taken into account when using the TAC software, and a copy of the criteria is provided with this document.
School Zones
As it is essential to protect our children, all school zones in the Municipality of Casselman have an established speed limit (by municipal by-law) of 40 km/h. The signage is present in accordance with the requirements of the Ontario Traffic Manuals, Manual 5 (regulatory signs) and Manual 6 (warning signs).
Stop Signs
The purpose of a stop sign (according to Manual 5) is "to clearly assign the right-of-way at an intersection to vehicles approaching from different directions when traffic signals are not justified or have not yet been installed, and it has been determined that a YIELD sign is inadequate."
Again, according to traffic manuals, "STOP signs are not intended to be used as speed control devices. Their use should be limited to the control of conflicting rights-of-way."
The management of the use of STOP signs is clearly defined in the Highway Traffic Act and the Ontario Traffic Manual. The criteria for STOP signs use traffic volume and pedestrians, distance between intersections, volume distribution, etc.
Implementation
The review of posted speed limits and the addition of stop signs must be approved by Council to make changes to regulations. When a request is received, the following procedure establishes the review procedure.
Documentation of a request from a resident or group of residents must include:
Request for modification of the speed limit or a STOP sign detailing:
Reason for the request;
Location (street names) indicated for the request;
Fully completed petition with a minimum of 25 signatures of residents reasonably located in the immediate area of the request (names and addresses to be provided);
Name, address, and signature of the requester;
The investigation into the request by the Director of Public Works will be based on:
Criteria established by the Highway Traffic Act, TAC, and the Ontario Traffic Manual;
The context of any known previous incidents related to the request will be taken into consideration;
Any other relevant information that may impact the decision-making process;
Approval / Refusal
a) The Director of Public Works will review all documents related to the request and formulate a recommendation in the form of an administrative report as to the advisability of proceeding with the request and will inform the Chief Administrative Officer;
b) The administrative report will be drafted and presented to Council for review;
c) When the jurisdiction of the road lies with the UCPR, the council resolution will be forwarded to the UCPR for the final decision. When the jurisdiction of the road lies in a shared jurisdiction between the Municipality of La Nation and the Municipality of Casselman, the resolution will be forwarded to the neighboring municipality for approval. Both municipalities must agree to make the change.
d) An official letter will be sent to the requester informing them of the decision and the reasons for approval or refusal;
e) Regulations will be amended or created for Council approval as needed;
f) Physical installation and work will be completed by Public Works once approval has been granted;
Note: A four-year interval is required before resubmitting a request that had been previously submitted unless new circumstances exist that, in the opinion of the Director of Public Works, would make the request substantially different from its initial version.
Reference and Legislative Authority
Ontario Highway Traffic Act [Highway Traffic Act (HTA)]
Transportation Association of Canada [Transportation Association of Canada (TAC)]
Ontario Traffic Manuals [Ontario Traffic Manuals (OTM)]
This by-law is entitled “Site Plan By-law.”
In this By-law “development” means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 164(4) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of the Planning Act R.S.O. 1990, c. P.13, s. 41(1), as amended.
The definition of “development” does not include the placement of a portable classroom on a school site of a district school board if the school site was in existence on January 1, 2007.
The lands identified in the following zones are included in the site plan control area pursuant to subsection 41(3) of the Planning Act (R.S.O. 1990, c. P. 13), as amended.
Medium Density Residential R3 and R3-X
General Commercial GC and GC-X
Highway Commercial HC and HC-X
Highway Commercial Restricted HCR and HCR-X
Highway Commercial Special HCS and HCS-X
Local Commercial LC and LC-X
Mixed Use Industrial M and M-X
Institutional I and I-X
The following are not subject to site plan approval required in this by-law:
The construction, erection or placing on land of,
The making of an addition to,
The making of an alteration to a building that has the effect of changing the use of the building provided the change in use does not result in,
a requirement under the applicable Zoning By-law for the provision of more than 5 additional parking spaces on the lot, excepting the conversion to restaurant use.
The establishment of more than 5 additional parking spaces, excepting the conversion to restaurant use, or the establishment of an automobile drive-through.
The establishment of a cannabis growing facility, which is either an
i. Industrial Cannabis Production Facility;
means lands, buildings or structures used for producing, processing, testing, destroying, packaging and/or shipping of cannabis which is authorized by a valid Federal license.
ii. Agricultural Cannabis Production Facility;
means lands, buildings or structures used for producing and destroying of cannabis which is authorized by a valid Federal license.
iii. Medical Cannabis Production Site
means the use of land, buildings or structures for the purpose of producing, processing, testing, destroying, packaging and/or shipping of cannabis which is authorized by a valid Federal license.
The parcel of land on which the building is situated containing more than 10 residential units
Despite section 3 of this By-law, the parking requirements as set out in the Municipality of Casselman Zoning By-law shall not apply within the General Commercial (GC) Zone for that area of the Municipality located between the South Nation River and St-Isidore Street.
No person shall undertake any development in an area designated under Section 3 unless the municipal Planner, general Director of the Municipality of Casselman or the Ontario Land Tribunal where a referral has been made under Section 41(12) of the Planning Act, has approved, as the municipal Planner or general Director of the Municipality of Casselman may determine, one or both of the following:
Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under Section 9 hereto, including facilities designed to have regard for accessibility for persons with disabilities.
Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing less than twenty-five dwelling units, which drawings are sufficient to display,
The massing and conceptual design of the proposed building;
The relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access;
The provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings;
Matters relating to exterior design, including without limitation the character, scale, appearance and design features of buildings, and their sustainable design, but only to the extent that it is a matter of exterior design, if an official plan and a zoning by-law that both contain provisions relating to such matters are in effect in the municipality;
The sustainable design elements on any adjoining highway under a municipality’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection 5.2 are in effect in the municipality; and
Facilities designed to have regard for accessibility for persons with disabilities.
Within the zones set out in Section 3 of this by-law, any application for a building permit to modify, renovate, or restore a main building, for which a general plan already exists, must be authorized by a site plan amendment in order to reflect the changes approved by the municipality.
Applicants are required to consult with the municipal Planner and review the Site Plan Application Guidelines prior to submitting an application for Site Plan approval. Any person who is required to enter into a site plan agreement must complete the site plan application form and pay the fees relevant to the application.
Any duly completed application for the approval of a site plan agreement must be accompanied by the following documents:
The plans submitted for review and approval must be prepared by a qualified surveyor, engineer or architect, and they must contain the following information:
As a condition to the approval of the plans and drawings referred to in Section 9, the Municipality of Casselman may require the owner of the land to:
Provide to the satisfaction of and at no expense to the municipality any or all of the following:
If an area designated under Section 3 is within an upper-tier municipality, plans and drawings in respect of any development proposed to be undertaken in the area shall not be approved until the upper-tier municipality has been advised of the proposed development and afforded a reasonable opportunity to require the owner of the land to provide to the satisfaction of and at no expense to the upper-tier municipality any or all of the following:
Within the zones identified at Section 3 of this by-law, any new development must comply with the following provisions:
The owner is required to pave the parking areas and access lanes prior to the occupation of the building or structure;
The owner must install monolithic concrete curbs that comply with approved engineering standards;
The owner is responsible for providing a sufficient volume of water for each of the buildings for firefighting purposes, in accordance with the standards set out by the Fire Prevention Department;
The owner may be required to repair a sidewalk or a concrete curb that as been cut or damaged to provide for access to the parking area or for any other reason. The repair must comply with approved engineering standards;
The owner must repair any infrastructure damaged by the new development at his own cost and to the satisfaction of the Municipality of Casselman.
Within the zones identified at Section 3 of this by-law, the signing of a site plan agreement is mandatory prior to the issuance of a building permit.
The Site Plan Agreement shall be registered on the title of the property by the Municipality of Casselman at no cost to the municipality.
Prior to the signing of a site plan between the two parties, the Municipality of Casselman must have in its possession the documents listed in Section 9 of this by-law.
All review costs are to be paid prior to the registration of the Site Plan Agreement. The Municipality of Casselman will send to the applicant a copy of all pending invoices related to engineering review once the fees are in excess of $5,000.00 and/or every six (6) months.
Once the work has been performed, the owner must file a written request for release to the Finance Department. A minimum period of one month is required to obtain the amount corresponding to the release.
Prior to releasing part or the entire amount of the irrevocable letter of credit held by the Municipality of Casselman, the municipality shall require an inspection and a written report by its engineering consultant confirming that the works have been completed according to plans.
Any person who contravenes a provision of this by-law is guilty of an offence and will be required, upon conviction, to pay a fine, as set out in the Municipal Act, 2001 (S.O. 2001, c. 25), as amended.
In addition to a fine, a court that has jurisdiction and authority may, where a person is found guilty of contravening this by-law, issue a prohibition order or rescinding order with respect to the work performed by the party charged.
That Schedule “B”, Municipality of Casselman, Site Plan Application Guideline be part of this by-law.
That Schedule “C”, Site Plan Processing Fees, be part of this by-law.
That Schedule “D”, Pre-Consultation Information Sheet for a Site Plan Approval, be part of this by-law.
That Schedule “E”, Site Plan Approval Process, be part of this by-law.
the Chief Administrative Officer / Clerk is hereby authorized to make any minor modifications or corrections of an administrative, numerical, grammatical, semantical or descriptive nature or kind to the by-law and schedule as may be deemed necessary after the passage of this by-law.
By-law 2011-087 of the Municipality of Casselman is hereby repealed.
This by-law shall come into force and effect on the date on which its adoption becomes complete.
1. DEFINITION
"Approved" means the approval of the Council of the Corporation of the Village of Casselman.
"Billing Date" means the date on which a bill for a Water Service Charge and/or a Sewer Service Charge is rendered.
"Building" or "Buildings" means any building or structure or equipment supplied with, serviced by, connected or required to be connected to the Village’s Water Works or Sewage Works in the Serviced Areas.
"Commercial User" means the applicant for water supply, the Owner of any Premises or Property in which water is supplied and used directly or indirectly for or in connection with any business, trade or commercial undertaking.
"Commercial Unit" means any space or commercial unit within a Building or Property that is supplied with water and is occupied, leased, rented or otherwise available for use by any business, trade or commercial undertaking.
"Community Facilities" means all municipally owned arenas, libraries and community centres.
"Corporation" or "Village" means the Corporation of the Village of Casselman.
"Council" shall mean the municipal Council of the Corporation of the Village of Casselman.
"Curb Service Valve" means a valve located on the Water Service Connection, which enables the Village to turn on or off the water supply through a service line to a water User's Property or Premises.
"Director of Environmental Services" means the Director of Environmental Services for the Village having operating authority for the Water Works and Sewage Works, or his/her successor, or authorized representative, from time to time.
"Due Date" means the date that is 20 days after the Billing Date.
"Dwelling Unit" means any part of a Building or Property with one or more habitable rooms designed or intended to be used as a domestic establishment in which one or more persons may sleep and in which sanitary facilities and a separate kitchen is included in the dwelling unit for the occupants’ exclusive use.
"Master Control Valve" means the water valve located within the Water Customer's Building, at the point where the water supply pipe enters the Building, which when closed does not allow the flow of water into the Building.
"Multi-Unit Residential Building" means a single building or series of buildings containing two or more single family units, including apartment buildings, which are serviced by, connected to, and receives water from the Water Works, excluding a Retirement or Care Facility.
"Non-Residential and Commercial Buildings" means all commercial, institutional, or industrial facilities and Buildings, all commercial condominium units in a condominium corporation created pursuant to the Condominium Act and other Properties receiving water from the Water Works or using the Sewage Works, other than a Single Family Residential Dwelling, a Residential Apartment and Multi-Level Residential Condominium Buildings, Schools, Community Facilities or a Retirement or Care Facility.
"Occupant" means any lessee, tenant, Owner, agent of a lessee, tenant or Owner, or any person or persons other than the Owner who occupies or is in possession of the Property, and any reference in this By-law to an occupant in the singular shall be deemed to include the plural, where applicable.
"Owner" means the registered owner or owners of a property or Premises and any reference in this By-law to an owner in the singular shall be deemed to include the plural, where applicable.
"Person" means an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or any agent or employee thereof.
"Property" or "Properties" or "Premises" means the property(ies) or premises being supplied or to be supplied with water and includes the portion of a multiple occupancy premises separately supplied.
"Residential Apartment Building" or "Multi-Level Residential Condominium Building" means two or more residential dwelling units in a single building or series of buildings containing more than two (2) single family units, and/or residential condominium units in a multi-level low or high-rise condominium corporation created pursuant to the Condominium Act which is serviced by and received water from the Village’s Water Works.
"Retirement or Care Facilities" means a building or buildings containing Dwelling Units and/or Rooms such as residential retirement or nursing homes for the aged, providing assisted care and living services, but excluding hospitals.
"Room" means any part of a Building or Property with one or more habitable rooms designed or intended to be used as a domestic establishment in which one or more persons may sleep and in which sanitary facilities for their exclusive use may or may not be are provided and does not contain a kitchen.
"Schools" means all elementary, secondary and educational facilities operating and meeting the legal requirements of a private or a public school under the Education Act, R.S.O., 1990 E.2.
"Serviced Areas" means an area where a waterworks and sewage system has been provided by or for the municipality.
"Sewage Works" means all sewage works in the Village, including pumping stations, sanitary sewers, force mains, plant machinery, conduits, intakes, outlets, installations and other works designed for the drainage, treatment, distribution and storage of sewage and includes land appropriate for such purposes by the Village.
"Sewage Service Charges" means Sewer Service Rates and such other charges for services provided by the Village that relate to the Sewage Works, as may be charged pursuant to Schedule "D" or as otherwise provided in this By-law.
"Sewage Service Rates" means those rates or charges imposed and levied by Council for the provision of sewage services to those connected to the Sewage Works as set out in Schedule "B".
"Single Family Residential Dwelling" shall mean a single-family dwelling, a semi-detached dwelling, duplex, a townhouse, row dwelling and includes home offices, semi-detached or townhouse condominium units in a condominium corporation created pursuant to the Condominium Act which is serviced by and receives water from the Village’s Water Works.
"User" shall include, the Owner or Occupant of the property for the water supplied to the affected Premises.
"Tax Collection Officer" means the Tax Collection Officer of the Corporation.
"Treasurer" means the Treasurer of the Corporation
"Water Connection Permit" means approval by the Village authorizing the permit holder to connect to the public water supply from the Water Works in accordance with the terms and conditions set out in the permit.
"Water Service" means the pipes and fixtures used for the purposes of supplying any Premises in the Village with water from the Water Works established by the Corporation and situated between the watermain and the limit of the street or highway on which the Premises so abut up to and including the Curb Service Valve.
"Water Service Charges" means Water Service Rates and other such charges for services provided by the Village and related to the Water Works, as may be charged pursuant to Schedule "D" or as otherwise provided in this By-law.
"Water Service Rates" means those fixed rates and consumption rates specified in Schedule "A" to this By-law applicable to Owners of Properties within the Serviced Areas.
"Private Water Service Connection" means a water pipe, which connects a water customer's Property or Building to the Water Works, including the service pipe from the interior face of the outer wall of a Building or from the water meter if one is installed inside the Building, including any valves, the Curb Service Valve, stopcocks and Water Meters to:
the adjoining street or highway where a service line has been installed from the watermain on the street or highway; or
the watermain where a service line has not been so installed
"Water Meter" or "Water Meters" means any electro-mechanical device of appropriate size and make, approved by the Director of Environmental Services, installed in a water pipe to constantly measure and record the volume of water passing through the pipe location where the water meter is installed together with all appurtenances thereto, including, but not limited to, any electronic communication register, touch pad, and any new requirement or technology replacing the same.
"Water Works" means buildings, structures, plants, machinery, equipment and appurtenances, devices, conduits, pipes, watermains, intakes, outlets, underground construction, installations and other works designed for the production, treatment, distribution and storage of water and includes land appropriated for such purposes and uses; and includes, but is not limited to, the Water Feedermain, and a loop waterman system in the Village.
"Works" for the purpose of this By-law shall mean "Water Works" and/or "Sewage Works".
2. AUTHORITY
Council shall be responsible for the operation of the Works, including the setting of fees and charges, the engaging of employees, the payment of accounts and all other things necessary for the operation of the Works.
3. WATER and WASTEWATER SERVICE CONNECTION
Every Owner of a Building or Property within a Serviced Area of the Village which:
is located on a parcel of land abutting on a public highway or street in which a watermain or sewage main is located,
contains, or is required by any other by-law, regulation or statute to contain, any sleeping, eating or food preparation facilities, or
contains or is required by any other by-law, regulation or statute to contain, any washing or toilet or cleaning facilities, or
is connected, or is required by any other by-law, regulation, statute or order to be connected, to a water supply or the Water Works; or
is connected or is required by any other by-law, regulation or statute or order to be connected, to a sewage drain or the Sewage Works, or
is a source of sewage;
Shall connect the building or property to the municipal Water or Wastewater Works.
Notwithstanding section 3.1, no notice to connect shall be at variance with any written requirement, order or approval by a Medical Officer of Health or Public Health Inspector or pursuant to the Environmental Protection Act, R.S.O. 1990, Chapter E- 19.
A Water or wastewater Connection Permit shall be obtained prior to the installation, repair, renewal, removal, blanking or capping of a watermain or wastewater service, unless otherwise approved by the Director of Environmental Services. A Water or wastewater Connection Permit shall not be issued until:
a written application, in the appropriate form has been approved by the Director of Environmental services for the Village;
the fee for the Water and Wastewater Service Connection Permit and any related services has been paid as set out in this By-law;
any applicable frontage charge and/or lot levies have been paid;
all other required permits have been obtained; and
the Director of Environmental Services is satisfied the proposed works meet the Village’s standards and do not contravene any other municipal by law or any other applicable laws.
All water connections to the Water Works and sewage connections to the wastewater works must be approved by the Village and comply with all by-laws and applicable laws and regulations. No person shall cause or permit to be made any connection to the Water Works or Sewage Works without obtaining permits and the required Approvals from the Chief Building Official and the Director of Environmental Services.
No person shall connect any faucet, tap hydrant or appliance of any kind whatsoever to the Water Works or any water service or private water service without the consent of the Director of Environmental Services.
There shall be no connection between the Water Works or private water services and any cisterns, wells, privies, privy vaults or cesspools.
The Owner shall be responsible for all excavation and backfilling of any new water or wastewater connection service and all related costs from the watermain or wastewater main to the Owner's property line.
The Village shall determine the size of the pipes and fittings to be connected to a watermain or wastewater main upon such terms and conditions as the Director of Environmental Services may deem necessary. All water and wastewater services shall be at least two point one metre (2.1m) below the finished grade of the street in which such services are installed and are to be properly protected from freezing.
All private watermains, wastewater mains and private water or wastewater services shall comply with all specifications of the Village for public water or wastewater services installed on or behalf of the Village to the property line, unless otherwise approved by the Village. All private water or wastewater services shall be comprised of materials that are compatible to the water or wastewater service to which such water or wastewater service is connected, and as determined to be acceptable to the Director of Environmental Services, and the pipes and fittings used for private water or wastewater services shall be constructed of a material which complies with the Ontario Building Code, 1992, S.O. C.23, as may be amended from time to time. Sufficient space shall be allowed for the installation of Water Meters.
Private water or wastewater services shall be installed by the Owners of the Property for which such private water services are required, subject to the provisions of the Ontario Building Code. 1992, S.O. 1992, C. 23, as may be amended from time to time. It shall be the duty of the installer employed by the Owner to protect and guarantee from damage by frost all work related to the installation of the private water or wastewater services.
No cross-connections between any facet of the water or wastewater system and any private water supply or drain or sewer shall be permitted.
The Owner shall have the ongoing obligation of maintaining any private water services and its fixtures and appurtenances.
A Water or Wastewater Connection Permit shall be valid for a period of nine (9) months from the date of issuance of the Water Connection Permit. In the event that a water service connection is not made within the nine (9) month period, the Water or Wastewater Connection Permit may be cancelled by the Village.
Any connection required to be made by an Owner under this By-law shall be made:
As defined after the municipality has sent a written notice to the Owner by registered mail to the Owner's last known address requiring the connection to be made, or during any capital project when watermains or wastewater mains are being installed and notices are given by a representative of the Village of Casselman;
in accordance with the requirements of the notice and any by-law, regulation or statutes governing such connection.
in accordance with a permit obtained prior to any installation, or repair approved by the Village and performed by the Village or contractors approved by the Village.
The fee for the Water or wastewater connection Permit is paid by the Owner as provided in a By-law approved by Council.
A water and wastewater connection charge fee are applicable to the creation of new lots within the Village of Casselman or an approval of a zoning change, or the approval of a new development and are to be recovered within a subdivision agreement or a site plan agreement or as a condition of the approval of a land severance or at the time of an approval of a zoning change or at an application for a building permit.
The water and wastewater fees, as set out in Schedule ‘’B’’ attached and forming part of this by-law are payable in full at the application for a building permit.
Any notice to connect pursuant to this By-law shall:
require the Owner of a Property within a Serviced Area of the Village to make the connection within a prescribed time limit set out in the notice;
state that if the Owner fails to make the connection within the prescribed time limit, that the Village has the right to make the connection at the Owner's expense to the property line and for and to recover the expense by action or in like manner as municipal taxes;
make reference to this By-law.
If the Owner fails to make a connection; required by a notice given pursuant to section 3.16 within the nine (9) months period or as prescribed in the notice, the Village may make the connection to the property line at the Owner's expense.
The cost of making such connection shall be a lien or charge as municipal taxes upon the Property in respect of which the connection was made, and shall be added to the Collector's Tax Roll by the Clerk of the municipality and shall be collected in the same manner as taxes in arrears and shall bear interest from the date the first demand for payment is made at the same rate as taxes in arrears.
When an Owner connects the Property to the Water Works, the charges for Water Service Rates shall be the Water Service Rates at the time of connection and as fixed by Council from time to time and the Owner shall obtain a Water Connection Permit and pay the related fee as set out in Schedule "D".
Extensions of and connections to the Village’s Water Works shall only be permitted when they conform to the Official Plan of the Village.
4. WATER SERVICE CHARGES
Every Owner of Property to which the Corporation supplies water from the Water Works shall be responsible for the payment of a Water Service Rates for the Property consisting of a fix rate and a consumption rate calculated as set out in Schedule "A" to this By-law and payable upon receipt of quarterly billing invoices from the Village. The Council of the Village may charge any or all Water Service Rates or Water Service Charges without notice to any person or corporation taking a supply of water from the Village.
Where a Property includes more than one use or a mixture of uses in various units in the Building, the Water Rates shall be assessed separately against each unit based on such uses.
In the event that Commercial Users of Non-Residential Buildings are not metered separately, the Owners of Non-Residential Buildings shall pay a fix rate as set out in Schedule "A" to this By-law based on the number of Commercial Users in the Non Residential Buildings.
5. WASTEWATER SERVICE CHARGES
Every Owner of Property to which the Village supplies sanitary sewage services from the Sewage Works shall responsible for payment of a Sewage Service Charge for the Property consisting of a fix rate and a consumption rate calculated as set out in Schedule "A" to this By-law and payable upon receipt of quarterly billing invoices from the Village. The Council of the Village may charge any or all Wastewater Service Rates or Wastewater Service Charges without notice to any person or corporation taking a supply of wastewater from the Village.
The Owner of each separately assessed Property who receives sewage service but does not receive water supply services from the Village, shall pay a Sewage Service Charge as indicated in Schedule "A" to this By-law.
Charges for other sewage services are set out in "Schedule D".
The Council of the Village may change any or all Sewage Service Rates or Sewage Service Charges without notice to any person or corporation.
6. OTHER FEES AND CHARGES
Other and miscellaneous fees and charges associated with the provision of services related to the Water Works and Sewage Works are set out in Schedule "D" to this By-law. The Council of the Village may change any or all fees and charges set out in Schedule "D" or pursuant to this By-law, without notice to any person or corporation.
Any person may request, upon payment of a charge set out in Schedule "D" a Water Arrears Certificate from the Tax Collection Officer certifying any charges against the property that are fully paid and listing any charges unpaid and outstanding.
The Director of Environmental Services may grant permission to an employee of the Village or a contractor retained by the Village for municipal purposes, upon obtaining a written request from an Owner, to flood any outside community skating, curling or hockey rink or to fill any community swimming pool, reservoir or tank when water is to be supplied from a hydrant at rates as determined by the Director of Environmental Services or the Village, at their discretion.
Builders requiring the temporary use of water for construction purposes, shall submit a separate application for a permit for the use of water for each Building to be erected and shall furnish the Chief Building Official and Director of Environmental Services, with all information required by him and shall pay to the Village such special water rates or fees for the temporary use of water as set out in Schedule "D" or as may from time to time be fixed by the Council.
Equipment installed solely for the automatic extinction of fires in Buildings may, with the approval of the Director of Environmental Services, be attached to watermains provided that a written request, on a form approved by the Village, has been submitted and approved. Such equipment is to be entirely disconnected from water pipes used for any other purpose, and Water supplied through such equipment is used solely for the purpose of fire extinction. All such equipment must be provided with a suitable valve outside the Building and under the exclusive control of the Village. A valve shall be placed at each hose opening in the standpipe and all such valves shall be sealed by the Director of Environmental Services. The Village may require a specific meter to be provided, installed and maintained by the Owner. In case of any violation of this By-law, the Director of Environmental Services may shut the control valves and refer the matter to Council.
7. BILLING, PAYMENT AND SECURITY DEPOSITS
All accounts for water and sewer charges shall be based on meter readings for the Property and billed to the Owner of the Property on a quarterly basis, or at intervals from time to time fixed by Council, at the Owner's address as shown on the last revised assessment roll and shall be deemed to have been received on the seventh (7th) day after the date on which the bill was mailed.
A minimum charge will be applied as set out in Schedule ‘’B’’ to this By-law for the water and wastewater service billing.
All amounts owing on account of a Water Service Charge or Sewage Service Charge shall be paid to the Village on the Due Date at the Village’s municipal offices or at such other place or method as may be set out on the bill. If the Village has shut off the supply of water to a Property, or if the Treasurer has reasonable grounds to believe based on past payment history that an Owner or Occupant of a Property may be unable to pay or continue to pay a Water Service Charge or Sewage Service Charge when due, the Treasurer may, as a condition of the Village supplying or continuing to supply water to the Property, require the Owner or Occupant, as the case may be, to post security for payment of future Water Service Charges or Sewage Service Charges, or both. The amount of security that the Treasurer may request be posted in accordance with this section shall be the greater of:
$150.00, or;
the amount of the Water Service Charge and Sewage Service Charge for quarterly billings for the Property as estimated by the Treasurer based on previous levels of consumption on the Property as reflected by recent past account history for each quarter.
The Treasurer may accept security in the form of cash or any other type of negotiable security suitable to the Treasurer.
8. EXEMPTIONS
Municipal council may at their discretion grant exemptions to the service charges set out in Schedule "D" for requests for which are related to fundraising or charitable activities.
9. CONDITIONS ON WATER SUPPLY
The Village shall use reasonable diligence in providing a regular supply and quality of water but does not guarantee that the water supplied will be free of color or turbidity at all times or that there will be a constant service, or unvaried pressure or quality, or supply of water and is not liable for damages to the Owner or Occupant caused by any breakage of the Water Works or Water Services, Water Service Connections or for the shutting off of water to repair, maintain or to connect watermains or if the Village interrupts any water supply or service. The Village shall at no time be held liable for reason of inadequate supply of water or by reason of the Village restricting the supply of Water or for refusing the supply of water.
In case of repairs, maintenance, safety, health issues or emergencies, the Village may shut off Water Services or the Water Works without notice to any customer without notice, and keep it shut off as long as may be necessary and the Village shall not be liable for any damage arising therefrom. Where planned work on the Water Works is contemplated by the Village, the Village will make reasonable effort to provide notice of the intention to shut off the water.
The Village shall have the right to shut off the supply of water to any Property if, in the opinion of the Village or the Director of Environmental Services, the Water Service Connection located on the Property is not being properly maintained, develops a significant leak, or in any way compromises the integrity of the Village’s Water Works, and the Village shall not be required to restore service until such condition has been rectified to the satisfaction of the Director of Environmental Services.
10. WATER EFFICIENCIES
The Director of Environmental Services may suspend any or all use of water though a hose or other attachment, for the use of street, lawn, garden sprinkling or outdoor use whenever public exigency requires restrictions on the use of water outside of any building are effective within the areas of the Village serviced by the Water Works.
No person shall contravene any water restrictions imposed by the Director of Environmental Services or cause/permit external watering contrary to such water restrictions, upon notice being published in a newspaper having general circulation in the area; or by pre-mailed to residents or posted on the Village’s web site by the Director of Environmental Services.
The Director of Environmental Services may impose restrictions or designation days and times allowed for lawn or garden or external watering, including, but not limited to, washing of vehicles, driveways, sidewalks or the filling of swimming pools; or suspending any or all lawn, garden or external watering.
No person shall install any air conditioning equipment that requires the use of water without the approval of the Director of Environmental Services.
No air conditioning equipment of over 5 tons per hour total rated capacity shall be installed unless equipped with an evaporative condenser, evaporative cooler and condenser, water cooling tower, spray pond or other water cooling equipment so that all the water from the watermains is used for make-up purposes only. The equipment shall be adjusted so that the average rate of make-up water under full load will not exceed 0.1 gallons per minute per ton of capacity.
The Village may impose additional restrictions on the use of water during various periods. The Village shall have the right to not only limit the hours of external water use on specified days but also to ban completely the external use of water at any time. Notice of a water use regulation shall be given by publication in a newspaper of local circulation, prepaid mail or advertised on the Village’s website
11. FIRE HYDRANTS AND CURB SERVICE VALVES
No person, except for a Village person authorized under the Safe Drinking Water Act, 2002, c. 32 is permitted to operate a fire hydrant or Curb Service Valve. A written request in a form required and Approved by the Village to open or close a Curb Service Valve to turn on and off water shall be made to the Village and a fee for such service shall be payable in accordance with Schedule "D" attached to this By-law. The Village shall confirm in writing the date and time of any permitted use or operation of a fire hydrant.
Any hydrant situated within the road allowance or Curb Service Valve is the property of the Village and shall be maintained by it. Village-owned hydrants located on private property shall also be maintained by the Village.
No person shall paint fire hydrants or in any manner, tamper with the colour scheme of fire hydrants without the prior consent of the Village.
No person shall obstruct the free access to any fire hydrant or Curb Service Valve or plant or place, or cause to permit to be planted or placed, vegetation or other objects within a 3 metre corridor between the hydrant and the curb or road allowance nor within a 1.5 metre radius beside or behind a hydrant except with the prior written authorization of the Village.
Except for water used for firefighting and those operations authorized by the Village, any other use of a Village’s fire hydrant or Curb Service Valve for water supply is prohibited.
Privately-owned hydrants shall be maintained and accessible at all time and in good operating order as per the Ontario Fired Code by and at the expense of the Owner. Unmetered water from privately-owned hydrants shall not be taken for other than firefighting purposes.
Fire hydrants shall be completely clear of all vegetation or obstruction within a 2.5 metre radius from the outside edge of the hydrant.
12. WATER METERS
All water supplied by the Village through a Water Service Connection shall pass through a Water Meter, unless otherwise permitted by the Director of Environmental Services, and both new and existing Buildings shall have Water Meters installed in accordance with this By-law.
It is required by this By-law that all Owners of existing Buildings supplied with water by the Village shall have installed a Water Meter of a size, make, and configuration approved by the Director of Environmental Services.
The Water Meter shall be installed by persons authorized by the Village and the Village may enter into agreements with others to provide for the installation of Water Meters in any manner satisfactory to the Village.
Water Meters shall be installed in the following types of existing Properties:
Single Family Residential Dwelling: One Water Meter shall be installed in each Single Family Residential Dwelling.
Multi-Unit Residential Building: All Multi-Family Residential units in rental properties shall have a single Water Meter installed within the Building in the incoming Water Service Connection. The Owner of the Building will be responsible for the recovery of Water Service Charges from tenants within therent structure as determined by the Owner.
Multi Residential Condominium Units and Commercial Condominium Units: The Director of Environmental Services directs all future condominium units shall have a separate Water Meter for each condominium unit, then Water Meters shall be so installed, along with a separate Water Meter used by all Owners for irrigation, car washing, building cleaning, or other water uses of common benefit to all unit Owners, to ensure that 100% of water entering the Building is metered. If the installation of separate Water Meters for each condominium unit requires modifications to the existing plumbing system, then the condominium corporation shall be given the choice of two options:
Option 1: The condominium corporation may make the necessary modifications to the existing plumbing system to facilitate individual unit metering entirely at its own cost, provided that where existing plumbing configurations, in the opinion of the Director of Environmental Services permit easy installation without extra costs, a separate Meter can be installed for each condominium unit; or
Option 2: A single Water Meter will be installed at the point of entry of the incoming Water Service to the Building, and the condominium corporation will distribute the total water costs to individual unit Owners, on the basis of a cost sharing formula derived by the condominium corporation Board of Directors and its Owners.
Institutional Buildings: All Institutional Buildings shall have a single Water Meter of appropriate size installed, as determined by the Director of Environmental Services.
Commercial Buildings: All Commercial Buildings shall have a Meter installed in the incoming service line. The Owner of the Building will be responsible for the recovery of Water Service Charges from tenants within the rent structure as determined by the Owner.
Failure to have a Water Meter installed in any existing Building shall be justification for the Village to enter in and upon the Building or Facility upon reasonable notice to the Owner or Occupant, to install the necessary Water Meter(s) and invoice the Owner for all costs incurred. Where failure to provide reasonable access to a Water Meter or to an appropriate Water Meter location is not provided by an Owner within fourteen (14) days of notification in writing from the Village that access is required, the Owner shall be subject to the enforcement procedures pursuant to this By-law.
All new construction of Buildings and Properties pursuant to a building permit issued shall be connected to the Village’s Water Works, shall have Water Meters of a size, make, and configuration as approved and designated by the Director of Environmental Services. The Water Meters shall be installed during construction by a qualified licensed plumber in the Province of Ontario and they shall certify to the Director of Environmental Services that the Water Meter has been installed in accordance with applicable Ontario building and plumbing codes prior to occupancy of any Building or Property. All required Water Meters shall be operational and readable at the time of occupancy. Water Meter installation shall follow the procedure in Schedule "E" of this By-law. No building permit for a new Building will be issued until the applicant signs an agreement as defined in Schedule "F" of this By-law.
All new or proposed Single Family Residential Dwellings shall have one Water Meter.
All new or proposed Multi-Unit Residential Buildings and all Retirement and Care Facilities shall have one Water Meter on the incoming service with the water charges billed to the Owner of the Building.
All new or proposed Residential Multi-Level Condominium Buildings and all commercial condominium units in a condominium corporation created pursuant to the Condominium Act, shall have specially configured internal plumbing systems satisfactory to the Director of Environmental Services, to allow easy installation of a separate Water Meter for each residential or commercial condominium unit. An additional separate Meter shall be installed if necessary to meter water used for the common purposes of all condominium units {landscape irrigation, car washing, building cleaning and other common uses). The water charges for common use shall be distributed to Condominium Owners in accordance with a by-law to be passed by the Board of Directors of the Condominium Corporation and/or its owners.
All new or proposed Non-Residential and Commercial Buildings (other than commercial condominiums), shall have one Water Meter and shall have specially configured plumbing completed by the Owner at the Owner's cost and to the satisfaction of the Director of Environmental Services, and where required by the Director of Environmental Services, shall allow for individual Water Meters to be installed for each separate use or occupancy within the commercial, institutional or industrial or non-residential development. The Owner of the Building will be responsible for the recovery of Water Service Charges from tenants within therent structure as determined by the Owner.
All institutional, government Buildings and all Community Facilities, shall have one Water Meter.
All Water Meters shall be of a make, size, and configuration satisfactory to the Director of Environmental Services to accurately measure and record the quantity of water used within the Building or Property.
Water Meters shall be installed in the incoming Water Service Connection line as close as possible to the master control valve within the Building or Property being supplied with Village water.
No Person shall by-pass the flow around a Water Meter, or tamper with a Water Meter or automated reading device, in any way that corrupts or distorts the Water Meter's accurate measurement and recording of the quantity of water being used in the Building or Property. No person, institution or corporation shall remove a Water Meter from its installed location. No Water Meter shall be re-located within the premises without the written consent of the Director of Environmental Services.
All Owners and Occupants of Buildings or Properties shall provide reasonable access to the Works and Water Meter for manual reading, servicing or meter replacement upon reasonable notice.
Any Owner or Occupant provided with a notification of internal water leakage within the Building or Property served, must take appropriate action within 30 days of notification to correct the conditions causing leakage.
While the cost of Water Meters is the responsibility of the water customer, the Water Meters remain the property of the Village of Casselman and will be serviced and/or replaced when necessary by the Village of Casselman at the Owner's expense.
The type, model and size of Water Meters and installations, including location of their installation, shall be to the satisfaction and approval of the Director of Environmental Services. The Chief Building Official, at his sole discretion, shall be provided with certification from a qualified licensed plumber that the Water Meter has been properly installed and is operational in accordance with all applicable building and plumbing codes and legislation for the Province of Ontario.
It shall be a condition of approving an application for a Water Connection Permit that the Owner of the Building or Property agrees to the installation of the required Water Meter(s).
Fire Service connections, configured so that they cannot be used for any other purpose, shall not be required to flow through a Water Meter.
If a Water Meter is damaged, removed or stolen the Owner of the premises shall pay the full cost of replacing the Water Meter including installation. Every Owner shall take all reasonable steps to protect the Water Meter, appurtenances, valves and pipes from freezing, frost damage, excessive heat or any condition that could cause external or internal damage of any kind to the Water Meter or affect its accuracy and reliability.
Every Owner shall provide reasonable access to the Property and Building(s) served if necessary to test the functioning of a Water Meter and the accuracy of its readings.
Every Owner may, upon written request to the Village, have a Water Meter tested for accuracy and the cost of such test shall be at the cost of the Village if the Water Meter is found to be inaccurate in excess of 5% of actual flow and such test shall be at the water customers expense if the Water Meter is found to be accurate to less than 5% of actual flow.
If, for any reason, any Water Meter shall be found to be not working properly, then the amount of the consumption rate for the Water Service Charge shall be based on the average charge for the previous six months.
Where the Water Meter is equipped with a remote read-out unit of any type and a discrepancy occurs between the reading at the register of the Water Meter itself and the reading on the read-out device, the Village will consider the reading at the Water Meter to be correct and will adjust and correct the water account accordingly.
13.ENFORCEMENT
All Water Service Rates and other water charges pursuant to this By-law shall be a lien and charge upon the land of the Owner. All Sewage Service Rates and other sewage charges pursuant to this By-law shall be deemed to be a lien and charge upon the land of the Owner. If an amount owing on account of a Water Service Charge or Sewage Service Charge is not paid on or before the Due Date, then a late charge at the rate of five percent (5.0%) of the amount owing shall be added to the amount owing and shall be payable to the Village and added and compounded to the amounts outstanding or overdue on each subsequent Billing Date. A Water Service Charge or Sewage Service Charge payable by the Owner of a Property constitutes a debt of the Owner to the Village. If a Water Service Charge or Sewage Service Charge or any other charge invoiced to the Owner as provided in this By-law as determined by the Village, is not paid within 60 days from the Due Date, the Treasurer may, in addition to any other remedies available to the Village or other methods of collecting such amounts, add the amount owing to the tax roll of the Property to which the utility was supplied and the Village may proceed to collect in the same manner as municipal taxes in arrears .
Any amount owing on account of a Water Service Charge or a Sewage Service Charge may be added to the tax roll of a Property and shall bear interest at the rate of 1.25% per month (15% per annum) from the first day of the month after the date on which the amount is added to the tax roll to the date of payment or at the same rate as municipal taxes in arrears shall bear interest. If an Owner fails to pay a Water Service Charge or Sewage Service Charge when due, or does not have an Approved operational Water Meter installed, or refuses access to the Property to install, repair, calibrate, read, replace or inspect the location of any Water Meter, Water Works or Sewage Works; the Village may, in addition or in combination to any other remedies available to it, do any of the following:
shut off the supply of Water to the Property;
levy a monthly water and/or sewage charge to the Property until the by-law violation is remedied as follows:
Single Family Residential Dwelling - $250 .00 per month
Retirement or Care Facilities - $100 .00 per month/per bed
Multi-Unit Residential 1Building; and Multi-Level Residential Condominium Building - $200.00 per month/per unit
Non-Residential and Commercial Buildings - $750.00 per month/ per 10,000 square feet of floor space area of the building or such other amount as the Treasurer considers necessary, in the Treasurer's sole discretion to cover all costs of the Village providing water and sewer services to such Property;
invoice the Owner for the full cost thereof where the Owner or Occupant denies entry to a Building for the purposes of installing, repairing, calibrating, reading, replacing or inspection a Water Meter, to install an external meter in the incoming service enclosed in an insulated chamber.
The Village shall not shut off or restrict the supply of water for non-payment or a breach of this By-law unless it has made reasonable efforts to notify the Owner or the Occupants and at least fourteen (14) days have elapsed since:
the day the last notice under section 14.9.1of this By-law was personally served;
the day the last notice under section 14.9.1of this By-law was mailed; and
the day a copy of the notice was attached under section 14.9.2 of this By-law.
For the purposes of this By-law and section 14.8, before shutting off or restricting the supply of water, the Village shall,
by personal service; prepaid mail or by registered mail, serve the Owners and Occupants of the Property as shown on the last returned assessment roll of the Village with a notice of the date upon which the Village intends to shut off or restrict the supply of water; or
ensure that a copy of the notice described in section 14.9.1 is securely attached to the Property in a conspicuous place.
If the supply of water to a Property is shut off by the Village, it shall not be turned on until after payment of all amounts owing to the Village, including any charges for turning off and for turning on the supply of water as set out in Schedule "D" to this By-law.
No person, other than persons authorized by the Village for that purpose, shall operate or close a water valve in the Water Works, or remove, tamper with or in any way interfere or damage any Curb Service Valve, Water Meter, Water Service Connection or the Water Works. In the event that there is discovered any unauthorized connections to the watermain or sewage works, the Village shall be entitled to disconnect such connections even if such connections take place within the geographical boundaries of The Nation municipality. The Village may but shall not be required to seek assistance from The Nation municipality for enforcement from unauthorized connections to portions of the watermain or sewage works located within the boundaries of The Nation municipality.
14. OFFENCES AND PENALTIES
In addition to any other provision of this By-law or other remedies or recoveries available at law, any person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine of not more than Five Thousand ($5,000.00) Dollars or the maximum allowable fine under the Provincial Offences Act, R.S.O. 1990, c. P. 33 whichever is the greater, exclusive of costs.
When a person has been convicted of an offence under this By-law;
the Ontario Court of Justice for the Village or the Counties of Prescott Russell; or
any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.
Every person, corporation or institution that damages or causes or permits to be damaged any Water Service Connection, Water Works or Sewage Works or who contravenes or causes or permits any contravention of any of the provisions of this By-law or who hinders, interrupts or causes or procures to be hindered or interrupted, the Village or any of its officers, contractors, agents, servants or workman in the performance of its obligations or rights under this By-law or the Municipal Act, 2001, S.O. c. 25, is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990. c. P.33 and all amendments thereto and each day that a separate breach of this By-law occurs, shall constitute a separate offence under this By-law.
15. VALIDITY AND SEVERABILITY
In the event that any Part or Parts of this By-law, or sections thereof, that may be found by any court of law to be invalid or illegal or beyond the power of the Village to enact, such Part or Parts or sections thereof shall be deemed to be severable from this By-law and all other Parts or sections of this By-law shall be treated as separate and independent from the offending section or Part and shall remain in full force and effect.
16. BY-LAW REPEALED
By-law 2017-041 being a by-law to establish the water and wastewater rates in the Village of Casselman be and is hereby repealed in its entirety.
17. EFFECTIVE DATE
This By-law shall be in force and take effect on the day of its passing.
1. SHORT TITLE
This By-Law may be cited as the “Sign By-Law”.
2. DEFINITIONS
In this By-Law, except where a contrary intention appears:
“Advertising Device” means any device or object designed to attract attention to any business, activity or service, which is located on or attached to a property. This definition includes Signs, Billboards and any other object intended for said purposes.
“Alteration” means any change to a Sign Structure or Sign Face excepting the changing of Copy in compliance with this By-Law or the replacement of similar parts for maintenance purposes.
“Awning” means a shelter that protrudes from the exterior wall of a building, is constructed of non-rigid materials and is supported by a retractable frame or Sign Structure.
“Canopy” means a permanent Sign Structure that protrudes from the exterior wall of a building and is supported by a rigid frame or Sign Structure or a permanent Sign Structure that is separate from the building and supported entirely from the ground.
“Community Information Sign” means a sign of a design approved by the Municipality which informs the public of non- profit community services or programs such as service clubs, block parents, neighborhood watch, adopt a road or park, and may provide identification of or directional information to community facilities such as churches, schools, libraries, sports or other community facility.
“Community Special Event Sign” means a sign of a design approved by the Municipality which informs the public of non-profit community sponsored special events designed to promote involvement in community celebrations and other activities primarily by the local population of the Municipality or any group of communities within the Municipality.
“Copy” means the wording and symbols on a sign.
“Council” means the Council of the Corporation of The Village of Casselman.
“County Road” means those county roads under the jurisdiction of the United Counties of Prescott-Russell.
“Erected” means attached, built, constructed, re-constructed, enlarged, placed or moved.
“Face Area” means the area of that portion of a sign, excluding any part of the Sign Structure, that is open to view and which may be used for the display of any advertising or other message or communication.
“Front Wall” means the building’s main wall which is facing the public road.
“Grade” means the average elevation of the ground directly beneath the sign.
“Height” means the vertical distance from the base at Grade to the top of the highest attached component of the Sign Structure but excludes ancillary lighting fixtures.
“Lot” means a parcel of land described as a single parcel of land with definite boundaries in a Registered Plan of Subdivision or as a single parcel of land with definite boundaries described in a deed or transfer registered in the Land Registry Offices of the Counties of Prescott and Russell pursuant to the Registry Act and which may be legally conveyed by the owner thereof.
“Lot Line” means the line formed by the boundary of any Lot.
“Major Special Event Sign” means a sign of a design approved by the Municipality, which informs the public of a special event designed to attract the local population and tourism to the Municipality and which is attended by crowds of one thousand (1,000) persons or more.
“Municipal Roads” means any road located on the territory of the Municipality, other than a County Road or highway.
“Municipality” means the Corporation of The Village of Casselman.
‘’Officer’’ means a Municipal Law Enforcement Officer appointed by the Corporation of the Village of Casselman.
“Person” shall include any association, partnership, and corporation, Municipal Corporation, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.
“Sign” means any identification, description, illustration or device which directs attention to, or advertises, any Person, business, commodity, service or use. A Sign shall include “Face Area” and
“Sign Structure” and shall be considered a structure for the purposes of this By-Law. Without limiting the generality of the above, the definition of Sign includes, but is not limited to, the following types of Signs:
“Abandoned Sign” means a Sign which formerly identified, but no longer correctly identifies, the business, commodity, service or use presently conducted, sold or offered. A Sign shall be deemed to be abandoned 90 days after such activity is discontinued.
“Agro-tourism Enterprise Sign” means a temporary Sign that is used to designate the location of or direction to an agro-tourism activity of short duration.
“Animated Sign” means a Permanent Sign or Advertising Device which depicts an action or motion, pivots on a spindle or contains an intermittent or flashing light source; or for which the action or motion is the result of animation or an external light source. This definition includes balloons, pennants and light bulbs arranged in series or otherwise.
“Awning Sign” means a Permanent Sign that is painted on or affixed to the surface of an awning, and that does not extend, horizontally or vertically beyond the limits of the awning.
“Banner Sign” means a temporary Sign that is constructed from lightweight, non-rigid materials, such as cloth or plastic, and that is attached with ropes, screws or hooks. A Banner Sign must be resistant to weather conditions.
“Base Sign” means a single or double-faced Permanent Sign that is affixed to the ground by a foundation of masonry, stone or concrete and is located along a public road.
“Billboard Sign” or “Billboard” means a Sign, including an Illuminated Sign which uses either permanent Copy, or poster panels or other similar surfaces to which temporary or permanent Copy is attached, with a single or double Face Area of three (3) square meters (32.3 square feet) or more used to identify or advertise any business, activity, service or Person, or any goods, commodities or products which are not located in, conducted on, sold on, produced on or displayed on the Lot upon which the Sign is located, but does not include Wall Sign as defined herein.
“Business Sign” means a Sign that attracts attention to a business, occupation, product, service or amusement which is exploited, operated, sold or offered on the same property where the Sign is located.
“Canopy Sign” means a Permanent Sign that is painted on or affixed to the surface of a Canopy and that does not extend, vertically or horizontally beyond the limits of the Canopy.
“Collective Sign” means a Sign with a message or a group of messages that is common to many businesses located in the same building.
“Community Sign” means any Sign that attracts attention to a community service, attraction or activity and that is installed and maintained by the Municipality or a non-profit organization.
“Directional Sign” means a temporary Sign that is used to designate the location of or direction to a community or commercial activity of short duration.
“Easel Sign” means a temporary Sign that is free standing and removable, and has no more than two (2) facets joined to form an “A” shaped Sign Structure.
“Election Sign” means a temporary Sign that is used to advertise or promote the public election of candidates seeking a mandate.
“Electronic Message Display Sign” means a Sign which is electronically controlled and which displays information in a pre-arranged sequence and on which the intensity of illumination is constant.
“Identification Sign” means a Sign indicating the name, address, occupation or trade of the building occupant with its business logo or the Lot number within a residential subdivision, or simply the name and address of the building itself, without mention of a product for sale. An identification Sign shall not be illuminated.
“Illuminated Sign” means a Sign illuminated by artificial light.
“Inflatable Sign” means a temporary Sign that is inflated with air or gas and is used for promotional purposes.
“Mobile Sign” means a temporary Sign that is not secured to the ground or mounted on the wall of a building or other structure and that is intended mainly to be Erected on a trailer that can be moved, transported or relocated elsewhere. Normally, a Mobile Sign consists of a screen used to display letters and numbers.
“Permanent Sign” means a Business Sign that is supported by a Sign Structure, anchored to the ground or affixed to the wall of a building and is usually located where the business operates.
“Post Sign” means a single or double-faced Sign that is supported by one or more posts, poles, columns or pillars and that is anchored to a foundation in the ground.
“Real Estate Sign” means a temporary Sign advertising the sale of real estate, or the opportunity to rent or lease a dwelling or building on the premises where the Sign is located.
“Temporary Sign” means a Sign that is not permanently installed or affixed to a structure or building.
“Wall Sign” means a Permanent Sign that is affixed to the wall or fascia of a building. This type of Sign does not include Awning Signs, Canopy Signs or Signs of a similar structure. A Wall Sign may consist of one panel or more, each with specific messages.
“Window Sign” means a Permanent Sign where a message is painted directly on the interior or exterior window (glass surface) of a business.
“Sign Area” means the area of the Sign Face.
“Sign Face” means that portion of the Sign, excluding the supporting Sign Structure, where Copy can be placed.
“Sign Structure” means a structure which is intended to support, or be capable of supporting, any Sign, and which in turn is supported by the ground, a building or a structure which is not an integral part of the Sign.
3. INTERPRETATION
In this By-Law, unless the contrary intention appears, words importing the singular number or the masculine gender only shall include more Persons, parties or things of the same kind than one, and females as well as males.
In this By-Law, the word “shall” is construed as being mandatory and not discretionary.
The headings contained in this By-Law are for the purposes of convenience and reference only, and do not form part of this By-Law.
4. APPLICATION FOR PERMIT
Any Person wishing to erect, alter, enlarge or use a Permanent or Temporary Sign within the limits of the Municipality shall first obtain a “Sign Permit” issued by the By-Law Enforcement Department. The application for the Sign Permit shall be in the form prescribed in Schedule “B” of this By-Law.
The application shall be accompanied by the fee prescribed in section 25 of this By-Law or as set out in the Fees and Charges By-Law amended from time to time. The most recent By-law will apply.
The By-Law Enforcement Department may impose all required conditions so as to ensure that any Permanent or Temporary Sign complies with standards of safety, aesthetics and design.
In addition to a “Sign Permit”, the installation of a Permanent Sign may also require a Building Permit and the approval of all Sign plans by an architect or engineer if any one of the following criteria apply:
5. GENERAL PROHIBITION
No Person shall place a Sign on a highway,
a) by excavating, digging, drilling, driving or cutting into asphalt, concrete, bricks or other improved hard surface for the purpose of imbedding a Sign or its support;
b) by using nails, rivets, screws, or by drilling into wooden, aluminum or concrete poles or any other highway structure for the purpose of placing a Sign or its support;
c) in a location and in a manner which may damage a public utility, and no Sign support shall be driven into the ground to a depth;
(i) 0.3 meters (11.8 inches) or more without first obtaining the permission from any public utility having underground utilities within the Municipal Road, County Road or highway;
(ii) less than 0.3 meters (11.8 inches) without first obtaining locate information, if necessary, to ensure that no damage occurs to any underground utility.
The location at which a Sign has been placed shall be restored, upon its removal, to a condition satisfactory to the By-Law Enforcement Department and, if it is not, the By-Law Enforcement Department may restore the location and recover costs of doing so from the Sign owner.
Except as otherwise permitted in the By-Law, no person shall erect a sign without first having obtained a permit.
6. SIGN LOCATION
All Permanent or Temporary Signs shall be erected at a distance of 3 meters (10 feet) or more from a public road easement.
The ground projection for a Base Sign or Post Sign shall be located at a distance of 3 meters (10 feet) or more from a public road easement and a distance of 1.5 meters (5 feet) or more from adjacent property lines.
7. PROHIBITED LOCATIONS
No Person shall erect a Sign on any public road easement or on public property under the jurisdiction of the Municipality.
No Person shall erect or maintain a Sign that could conceal or obstruct the visibility of road Signs, traffic signals or warning devices.
No Person shall erect or maintain a Sign within a sight triangle as defined in the Zoning By-Law, or in any other location where it could obstruct the view of pedestrians or motor vehicle drivers, or could interfere with traffic to the extent that it could create a hazard to people.
No Person shall locate a Sign so as to cause damage to infrastructure or underground services.
No Person shall affix a Sign to hydro electric utility poles or to any other Sign or Sign Structure.
No Person shall erect a Sign so as to obstruct an emergency exit, a fire route or any other access route, or to restrict access by the Municipality’s Fire Department to any standpipes or hydrants, or to any part of a building or structure.
No Person shall affix or paint a Sign, graffiti or poster on roof surfaces, fences, rocks, trees or other natural element, or paint a Sign directly on the exterior facing of a building.
No Person shall affix or paint a Sign on a vehicle that is no longer in use, or use a road vehicle as the support structure for a Sign.
8. PERMANENT SIGNS
Unless otherwise noted in this By-Law, Permanent Signs installed on a property shall be permitted for a service or business establishment under the following requirements:
With regard to a commercial plaza or shopping center, the maximum number of Permanent Signs permitted shall be in accordance with the following requirements:
With regards to a home occupation or a home-based business, the maximum number of signs permitted shall be in accordance with the following requirements:
9. HEIGHT AND FACE AREA FOR WALL SIGNS, PAINTED SIGNS, PARTIALLY RIGID BANNER AND ENTRANCE SIGNS
No Wall Sign, Painted Sign or Partially Rigid Banner shall project beyond the roof line of the building or the extremities of the wall of the building to which it is affixed.
No Wall Sign, Painted Sign or Partially Rigid Banner shall project beyond 0.45 meters (18 inches) from the wall of the building to which it is affixed.
Wall Signs, Painted Signs and Partially Rigid Banners are limited to a maximum area of 30% of the Face Area of the exterior front wall or side wall to which the Sign is affixed or as otherwise permitted by the Officer. With regard to a building with multiple business or service establishments, the total area of all Wall Signs, Painted Signs or Partially Rigid Banners shall not exceed 30% of the area of the wall to which the Signs are affixed or as otherwise permitted by the Officer.
Entrance Signs shall have a maximum area of 1.25 square meters (13.4 square feet) and the maximum Height shall be 1.25 meters (4 feet).
10. HEIGHT AND FACE AREA FOR BASE SIGNS OR POST SIGNS
Restrictions on the Height and Face Area for Base or Post Signs are dependent on the district in which the property is situated.
For the purpose of this By-Law, the Municipality territory has been divided into three (3) districts as per Schedule “A” attached to and forming part of this By-Law. These are “District 1” which is “Residential Policy Area & Park and Open Space Policy Area”; “District 2” which is “Economic Enterprise Policy Area”; “District 3”which is “Community core Policy Area”.
The Height and Face Area for Base or Post Signs by district shall be as follows:
11. FACE AREA FOR AWNING SIGNS, CANOPY SIGNS AND WINDOW SIGNS
The maximum Face Area for Awning Signs or Canopy Signs shall be 4 square meters (43 square feet). The maximum area for Window Signs shall be 75% of all glazing of that building face , without exceeding 6 square meters (43 square feet) or as otherwise permitted by the Officer.
A permit is not required for any window sign.
12. TEMPORARY SIGNS
Only one Temporary Sign shall be permitted for each business establishment in addition to a Permanent Sign.
A Temporary Sign is permitted for a maximum of 15days, whether consecutive or not, within a 6-month period from the first day the Temporary Sign is erected, except for Easel Signs, Real Estate Sign, Signs relating to a social event and for Garage Sale Signs.
The posting area for double faced Temporary Mobile Signs shall not exceed 4.64 square meters (50 square feet) on each face.
The maximum Face Area for Temporary Signs of a banner type, pennant-type or balloon-type shall be 15 square meters (161 square feet).
The maximum Face Area for an Easel Sign shall be 0.75 square meters (8 square feet) for each face, and the maximum allowable height shall be 1.2 meters (4 feet) above grade. Easel Signs shall be permitted between May 1st and November 1st of each year.
The maximum Face Area for a Temporary Sign announcing a garage sale shall be .28 square meters (3 square feet). This type of Sign shall be posted for a maximum period of ten (10) days.
No more than three (3) Temporary Signs relating to a cultural, sporting, community or religious event, or any other common event, shall be installed for a maximum period of thirty (15) days. The Sign shall be removed within five (5) days following the holding of the event. The maximum Face Area permitted for this type of Sign shall be 3 square meters (32 square feet). The erection of this type of Sign on Municipal property requires permission.
No more than three (3) Directional Signs shall be installed for a maximum period of thirty (15) days. The Signs shall be removed within five (5) days following the holding of the event. The maximum Face Area for this type of Sign shall be 1.5 square meters (16 square feet). The erection of this type of Sign on Municipal property requires permission.
No more than twelve ( 12 )Directional Agro-Tourism Enterprise Signs shall be installed for a maximum period of ninety (90) days. The Signs shall be removed within five (5) days following the end of the advertised activity/event. The maximum Face Area of this type of Sign shall be 1.5 square meters (16 square feet).
A permit is not required for a temporary sign.
This By-Law shall not apply to election signs.
13. REAL ESTATE SIGNS
Signs announcing the upcoming construction of a project consisting of LESS THAN 25 LOTS shall be permitted on the future site of the project as well as along roads and streets, in accordance with the following provisions:
Signs announcing the upcoming construction of a project consisting of 25 LOTS OR MORE shall be permitted on the future site of the project, as well as along roads and streets, in accordance with the following provisions:
14. AUTOMOBILE DEALERS
With regard to an automobile dealer, the number of Permanent Signs, excluding Entrance Signs, as well as the number and type of Temporary Signs specifically permitted for this type of use are as follows or as otherwise permitted by the Officer:
15. SERVICE STATIONS
With regard to a service station, the number and type of Permanent Signs, excluding Entrance Signs, as well as the number and type of Temporary Signs specifically permitted for this type of use are as follows or as otherwise permitted by the Officer:
16. SIDEWALKS SIGNS
The following regulations shall apply to sidewalk signs:
Where it is impossible to locate the sign entirely on the same lot, the sign may be placed on an abutting Village sidewalk provided that:
17. BILLBOARDS
Billboards are only permitted to be located along County Roads.
Billboards may be located on a property located in a commercial, industrial or rural area, however, no Billboard shall be erected within 60 meters (200 feet) of a residential area or an isolated dwelling unit.
Billboards shall have a minimum Face Area of 3 square meters (32 square feet).
Billboards shall have a maximum Face Area of 33.5 square meters (360 square feet) and a maximum Height of 9 meters (30 feet).
Billboards shall be located at a distance of 25 meters (82 feet) or more from a County Road easement.
The distance between two Billboards located one after the other on the same side of the road shall be a minimum of 300 meters (984 feet).
Placing two Billboards together is prohibited.
18. CONSTRUCTION AND STRUCTURES
All materials used to build a Sign and Sign Structure shall comply with the most recent provisions of the Ontario Building Code and any other regulation or applicable law in force.
No Sign shall be affixed to a building, parapet wall or any other structure or part thereof, unless the said building or structure is able to support the load of the Sign.
No Permanent Sign or Advertising Device shall be supported by wires, ropes, chains or other similar devices. As well, no Permanent Sign or Advertising Device shall constitute a potential danger to public safety.
All electrical wiring to service a Sign shall originate from the related building, be installed in accordance with all applicable laws and be properly concealed.
The applicant is responsible to contact the By-Law department to conduct an inspection once the installation is complete.
19. LIGHTING
No Sign shall be illuminated by or contain flashing, intermittent, rotating or variable light, beam or beacon Electronic Advertising Devices conveying continuous messages with light patterns that form letters, numbers or illustrations shall be permitted within the Sign Face.
Signs shall be illuminated either by an indirect lighting source within the Sign or by an external light source directed towards the Sign provided that no light or refection thereof is directed toward any public road, pedestrian pathway, adjacent structure or residential property. No external light source shall be position or directed towards the horizon or up to the sky.
20. MAINTENANCE
All Signs shall be maintained in good operating condition. Any Sign that has been defaced, damaged or destroyed shall immediately be restored to its original state by the owner or occupant of the establishment, or shall otherwise be removed from the premises.
21. AESTHETICS, DESIGN AND LANGUAGE
Standards of aesthetics to be followed for any Permanent or Temporary Sign shall be as follows:
Design standards to be followed for any Permanent or Temporary Sign shall be as follows:
The message or content of NEW commercial, industrial, institutional, development and residential Signs shall be bilingual. The lettering of a commercial Sign (dimension and style) shall be identical in English and French. However, the name of a business may be unilingual.
22. LEGAL NON-CONFORMING SIGNS AND BILLBOARDS
Any Sign which does not conform to the terms of this By-Law but that has been lawfully erected or displayed on the day this By-Law comes into force shall be considered a legal non-conforming Sign provided the Sign is not substantially altered. The maintenance or minor repair of the Sign or a change in the message displayed shall be deemed not in itself to constitute a substantial alteration.
A commercial establishment may maintain a non-conforming Billboard, provided that it has been lawfully erected or displayed prior to this By-Law coming into force and provided the Billboard has not been substantially altered. The maintenance or repair of the Billboard or a change in the message or contents displayed shall be deemed not in itself to constitute a substantial alteration.
23. TERMINATION OF USE
All Signs belonging to a business establishment shall be removed within six (6) months following termination of the business use.
Any Sign Structure used to support or hold a Sign shall be removed as soon as it is no longer used for that purpose.
24. MINOR VARIANCE
The Municipality may authorize a minor variance from this By-Law by resolution of Council if, in the opinion of the Municipality, the general intent and purpose of the By-Law are maintained.
The applicant shall submit a duly completed minor variance request form to the By-Law Enforcement Department as well as all required documentation and the applicable fee and deposit as provided in Schedule ‘’C’’ & “D” of this By-Law. The applicant shall provide detailed analysis of the proposal complete with a site plan indicating the setbacks from property lines, intersections, residential areas and other Signs.
25. FEES AND PERFORMANCE DEPOSIT
An application for a Sign Permit made pursuant to Section 4 of this By-Law shall be accompanied by a fee in the amount provided in Schedule “C” to this By-Law or as per the Fees and Charges By-Law amended from time to time. The most recent By-Law shall apply.
The erection of new commercial Signs requiring a Sign Permit pursuant to Section 4 of this By-Law shall also be subject to a performance bond payable to the Municipality upon the issuing of the Sign Permit. The performance bond shall be charged and refunded in accordance with Schedule “D” attached to and forming part of this By-Law
26. ADMINISTRATION AND ENFORCEMENT
This By-Law shall be administered by the Building or By-Law department of the Municipality.
The enforcement of this By-Law is the responsibility of the By-Law Enforcement Department of the Municipality.
27. REMOVAL OF ADVERTISING DEVICES
The Municipality may access a property to remove an Advertising Device, at the cost to the owner of the Advertising Device, if it is installed or displayed in contravention of the provisions of this By-Law.
28. REMOVAL AND FEES FOR REMOVAL AND RETRIEVAL
The following provisions shall apply to the removal of Signs:
a) no Person shall remove or cause to be removed any lawfully placed Sign, other than Persons authorized by this By-Law or the owner of the Sign;
b) the Municipality may remove or cause to be removed immediately, without notice and at the expense and risk of its owner, a Sign that is placed or operated in contravention of this By-Law;
c) a Sign removed pursuant to this section shall be stored by the Municipality for at least thirty (30) days during which the owner of the Sign may retrieve the Sign upon payment of Hundred Dollars ($100.00) to the Municipality for each Sign;
d) where the Sign is so large or so placed that the cost of taking it down and removing it exceeds the amount provided in sub-paragraph (c) above, sub-paragraph (c) above is not applicable and the owner of the Sign shall pay the Municipality an amount equal to the aggregate of (i) the cost incurred by the Municipality for removing and storing the Sign and (ii) thirty percent (30%) of the cost incurred by the Municipality for removing and storing the Sign;
e) where a Sign has been stored for a period of at least thirty (30) days, the Sign may be destroyed at the sole discretion of the Municipality without further notice and without compensation to its owner;
f) the Municipality shall not be liable for any damage to or loss of a Sign that was removed pursuant to the provisions of this By-Law;
g) the Municipality shall not be liable for any loss of revenue resulting from the removal of a Sign pursuant to the provisions of this By-Law;
h) without limitation to the generality of the foregoing, a public utility performing maintenance on a utility pole may take down or remove or cause to be removed immediately without notice, and at the risk of its owner, a Sign that interferes with the public utility’s maintenance function.
29. LIABILITY
The owner and any Persons placing, erecting or maintaining a Sign shall be liable and responsible for such Sign. The Municipality is hereby indemnified and saved harmless from and against all manner of claims for damages, loss, expense or otherwise arising from the placement, erection, maintenance, removal or falling of such Sign or part thereof.
30. INFRACTIONS AND PENALTIES
Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O 1990, c.P.33, as amended.
Where a Person has been convicted of an offence under this By-Law, the Ontario Court of Justice or any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the Person convicted, issue an order prohibiting the continuation or repetition of the offence. No person shall hinder or obstruct, or attempt to hinder or obstruct an Officer in the exercise of a power or the performance of a duty under or this By-Law.
31. EXEMPTIONS
Sections 4, 6 and 25 of this By-Law shall not apply to:
32. OTHER LAWS
Nothing in this By-Law shall be interpreted in such a manner as relieve a Person of the responsibility to comply with any requirements or applicable laws that may be in force from time to time with the Municipality.
Nothing in this By-Law relieves a Person of the responsibility for adhering to other applicable laws which regulate Signs, or for obtaining the approval of the Federal or Provincial governments or agencies thereof as required, or for obtaining the approval of the property owner or owner of a utility pole or other Sign Structure on which a Sign is located. For instance, the erection of any sign within 400 m of any limit of a provincial highway may require a permit authorization from the Ministry of Transportation of Ontario (MTO).
1. DEFINITIONS
In this By-Law,
‘’Barbecue’’ means but is not limited to portable appliance or grill intended for cooking food above open air fire;
‘’By-Law Enforcement Officer’’ means a Municipal Law Enforcement Officer of the Corporation of the Municipality of Casselman authorized by the Municipality of Casselman for the enforcement of By-Laws in its jurisdiction;
‘’Chief Building Official’’ means the Chief Building Official appointed pursuant to subsection 3(2) of the Ontario Building Code Act and by By-Law of the Corporation of the Municipality of Casselman for the purpose of enforcing the Act;
‘’Person’’ means an individual, business, a partnership or a corporation;
‘’Officer’’ means a Chief Building Official, Building Inspector or By-Law Enforcement Officer or other person appointed by By-Law to enforce the provision of a By-Law by the Municipality;
‘’Outdoor Solid Fuel Combustion Appliance (OSFCA)’’ means a solid fuel burning appliance which is used for the space heating of buildings, the heating of water or other such purpose and is located in a separate building or on the exterior of the building or pool to which is serves;
2. GENERAL REQUIREMENTS
2.3 This By-Law does not apply to barbecues or open-air fires.
2.4 The Chief Building Official or Municipal Law Enforcement officer may at any reasonable time, enter onto land for carrying out an inspection to determine whether or not the by-law is being complied with.
3. EXISTING UNITS
The requirements of this By-Law apply to existing units.
4. OFFENCES
4.1 Any person who contravenes any provisions of this By-Law is guilty of an offence recoverable under the Provincial Offences Act., R.S.O” 1990, and Chap 33 as amended.
4.2 Each period of three (3) months, on which a person contravenes any provision of this By-Law, shall be deemed to constitute a separate offence under this By-Law as provided for in section 429(2) of the Municipal Act, S.O. 2001, c. 25.
4.3 Every person shall comply with any order or notice issued to them under the authority of this By-Law.
4.4 Where a person is convicted of an offence under this By-Law, the Ontario Court of Justice or any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.
4.5 If a court of competent jurisdiction should declare any section or part of a section of this By-Law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the By-Law, and it is hereby declared that the remainder of the By-Law shall be valid and shall remain in force.
4.6 Where a provision of this By-Law conflicts with the provision of another By-Law in force within the Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.
4.7 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Chief Building Official, a Building Inspector or a By-Law Enforcement Officer in the exercise of a power or the performance of a duty under this By-Law.
4.8 Every person who is convicted of an offence is liable to a fine not more than five thousand dollars as provided in the Provincial Offences Act.
1. DEFINITIONS for the purpose of this By-Law:
“Council” means the elected Council of the Municipality of Casselman.
“Disturbance” means the interruption of the peace, quiet and good order of a neighbourhood or community, particularly by unnecessary and distracting noises.
“Highway” includes a common or public highway, street, avenue, boulevard, parkway, driveway, island, square, place, bridge, viaduct, trestle and any sidewalk, pathway or footpath, located thereon designed and intended for or used by pedestrians or designed and intended for or used by the general public for the passage of motor vehicles.
“Loiter” means hang about; linger idly.
“Municipal Law Enforcement Officer” means a person or persons appointed by the council of the Corporation of the Municipality of Casselman for the purpose of enforcing municipal by-laws.
“Excessive and Noxious odour” means an odour that:
(i) Is likely to disturb and interferes with the reasonable enjoyment of a Public Place by any person.
(ii) Continues in duration for longer than four hours or on a regular basis
(iii) Is of such strength that the odour creates a nuisance
“Person” means a natural person.
“Police” means the Ontario Provincial Police.
“Public Nuisance” means any activity, undertaking or conduct, which annoys or disturbs or may annoy or disturb persons in a public place or on a highway.
“Public Place” means a place to which the general public has a right to resort or has access whether as of right or by the express or implied consent of the owner of any particular property and includes a place where the public gathers or passes to and from.
“Municipality” means the Municipality of Casselman.
2. GENERAL PROVISIONS
That no person in the Municipality shall:
By himself/herself or with other persons loiter upon any sidewalk or segment thereof so as to impede the movement of any other pedestrian.
Loiter on any part of any highway in such way as to impede, obstruct or slow down vehicular traffic.
Loiter on any property owned by the Municipality.
2.4 Conduct or permit any activity within the Municipality that causes an excessive and obnoxious odour.
No person shall loiter or cause a disturbance or public nuisance upon a highway within the Municipality.
No person shall loiter or cause a disturbance or public nuisance upon or within a public place within the Municipality.
Any person shall be deemed to be loitering within the meaning of this by-law when he or she is standing or sitting on any highway, including, without limiting the generality of the foregoing any sidewalk located thereon or within four (4) feet of any highway and fails to move on when requested to do so by a Police Officer or a By-Law Enforcement Officer.
Any person shall be deemed :
To be causing a disturbance within the meaning of this by-law when he or she is drunk, screaming or swearing in a public place or on a highway.
To be causing a disturbance within the meaning of this by-law when he or she is shouting or singing in a public place or on a highway except when such person is shouting or singing in pursuance of a lawfully sanctioned activity.
3. ENFORCEMENT
When a Police Officer or a By-Law Enforcement Officer or other person appointed for the purpose of enforcing this By-Law finds any person loitering on any highway, sidewalk, or municipal property in the Municipality contrary to the General Provisions section 2 through 6 herein, he/she may direct such person to cease such loitering and move on, and any person so directed shall forthwith cease such loitering and move on. No prosecution shall be commenced for a contravention of the General Provisions section 2 through 6 of this By-Law unless a warning has first been given.
4. PENALTY
Every person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act.
If this by-law is contravened and a conviction entered the court in which the conviction has been entered and/or any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
Any person who hinders or obstructs an Officer lawfully carrying out the enforcement of this by-law is guilty of an offence.
Non Application of Bylaw
Section 2.4 does not apply to an odour created by any one of the following activities:
(a) A normal farm/agriculture practice
(b) An activity carried on in compliance with a certificate of approval or permit issued pursuant to the Environmental Protection Act, R.S.O. 1990, c.E19.
5. SHORT TITLE
This By-Law shall be cited as the Public Nuisance By-Law.
6. FORCE AND EFFECT
This By-Law shall come into full force and effect upon the day of final passage thereof.
DEFINITIONS
“Good faith”;
ROLE OF THE INTEGRITY COMMISSIONER
The role of the Integrity Commissioner is to ensure that the members of the Council perform their duties in accordance with the Code of Conduct, other terms, rules or policies governing their ethical behaviour and the Municipal Conflict of Interest Act. In addition, the Integrity Commissioner may, at the request of the Council or a member of the Council, provide advice and decisions on ethical issues and dilemmas, as specified in subsections 3.1 (c) or 3.1 (d) of this By-law.
DUTIES OF THE INTEGRITY COMMISSIONER
COMPLAINTS UNDER THE MUNICIPAL CONFLICT OF INTEREST ACT
Notwithstanding the provisions of this By-law, any complaint filed under Section 223.4.1 of the Municipal Act related to an alleged contravention of Section 5, 5.1 or 5.2 of the Municipal Conflict of Interest Act conducted by a member of the Council, and any investigation by the Integrity Commissioner in response to these complaints must be in accordance with Section 223.4.1 of the Municipal Act and the provisions of the Municipal Conflict of Interest Act.
FILE A COMPLAINT
5.1 Any individual can act as a Complainant.
5.2 Complaints must be made by completing the Official Complaint / Affidavit Form (see Appendix "A" to this By-law) and submitted directly to the Integrity Commissioner.
5.3 Complaints filed with the Chief of Administration or the Secretary will be forwarded to the Integrity Commissioner without delay and without any comments.
COSTS
LIMITATION PERIOD
7.1 The Integrity Commissioner will conduct an investigation only if the complaint is made less than 180 days from the date on which the incident or the last incident of a series of incidents covered by the complaint.
7.2 Notwithstanding Article 7.1 of this By-law, the Integrity Commissioner will conduct an investigation in respect of a complaint filed after the expiration of the time period set out in Article 7.1 of this By-law if the Integrity Commissioner is satisfied that:
a) the delay was incurred in good faith;
b) it is in the public interest to proceed with an investigation; and
c) no material harm will be caused to anyone as a result of the delay.
7.3 A complainant is deemed to know the incident or incidents covered by the complaint referred to in Article 7.1 of this By-law at the time of the incident or the most recent incident of a series of incidents, unless the contrary is proven. The complainant bears the burden of proof.
CONDUCT AN INVESTIGATION
8.1 The Integrity Commissioner may refuse to investigate if it is determined that:
8.2 When, in accordance with Article 8.1 of this By-law, the Integrity Commissioner decides not to proceed with an investigation, the Integrity Commissioner must prepare and submit a report under Article 9.1 of this By-law explaining the decision.8.3 If the complainant provides additional information after an investigation is suspended as per Article 8.1 of this By-law and there is sufficient information to establish an apparent breach of the Code of Conduct, or other terms, rules or policies governing the ethical behaviour of Council members, the Integrity Commissioner must reopen the investigation.8.4 When the Integrity Commissioner has determined that it is appropriate to investigate, the Integrity Commissioner will conduct an in-depth investigation in a timely manner. The member of the Council who is the subject of the Complaint must be given the opportunity to know the nature of the complaint against the member and provide comments to the Integrity Commissioner. A notice of the investigation outlining the complaint, including the opportunity to respond prior to opening a formal investigation, shall be given to the Council member.
8.5 The information provided to the member of the Council on the nature of the complaint may be used by the Council Member only to make representations to the Integrity Commissioner with respect to the complaint.
8.6 When conducting an investigation into a complaint about a member of the Council, the Integrity Commissioner may exercise the powers conferred on him by this By-law or Part V.1 of the Municipal Act, including the power to compel witnesses to testify and compel the release of documents under the Public Inquiries Act.
8.7 If the Integrity Commissioner, in the course of an investigation determines that there are reasonable grounds to believe that there has been a contravention of another Act or the Criminal Code of Canada, R.S.C., 1985, c. C-46, the Integrity Commissioner shall immediately refer the matter to the appropriate authorities and suspend the investigation until the police investigation and the resulting charges have been permanently decided and report the suspension of the investigation to the Council
COMMISSIONER’S RESPONSIBILITIES DURING INVESTIGATIONS
9.1 When the Integrity Commissioner has received a complaint concerning a member of the Council, he must, as soon as possible after his decision and no later than 60 days after receiving the Complaint, prepare and submit, to the Secretary, a report to the Council regarding the investigation of the complaint.
9.2 When the Integrity Commissioner is of the opinion that it is not possible to prepare and submit a report to the Council within the set time specified in Article 9.1 of this By-law, the Integrity Commissioner must notify the Council with:
9.3 The report under Article 9.1 of this By-law must include:
9.4 The Integrity Commissioner may submit progress reports to the Council, as required, to address any interference, obstruct and delay or reprisal encountered during the course of the investigation.
9.5 The Integrity Commissioner must produce a copy of his report under Article 9.1 of this By-law to the complainant, to the Council member who is the subject of the complaint and, when the report is filed with the Secretary, to all other members of the Council.
9.6 When a report from the Integrity Commissioner or his delegate concludes that the member of the Council has contravened the Code of Conduct, or any other terms, rules or policies governing the ethical behaviour of the members of the Council, but has acted in accordance with the advice of the Integrity Commissioner given under subsection 3.1 (c) of this By-law and had, prior to receiving such advice, disclosed to the Integrity Commissioner all relevant facts, the delegate must mention such information in the report provided under Article 9.1 of this By-law and no sanction may be imposed.9.7 The Secretary shall ensure that the remuneration of the member of the Council is suspended in accordance with the decision of the Council in respect to the report of the Integrity Commissioner under subsection 9.3 (f) of this By-law.
9.8 Where the Integrity Commissioner has filed a report in respect of an investigation with the Secretary under Article 9.1 of this By-law, the Secretary shall place this report on the Council's Agenda for decision.
SANCTIONS
10.1 The penalties for a member of Council who contravenes the Code of Conduct, or any other procedures, rules or policies governing the ethical behaviour of Members of Council shall be those authorized under subsection 223.4 (5) of the Municipal Act, including:
COMPLAINT AND CONFIDENTIALITY
COMPLAINT AND EXCLUSION PERIOD
CONFLICT OF INTEREST
GENERAL PROVISIONS
1. DEFINITIONS
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
"Council" means the Council of Municipality of Casselman.
"Fence" means a structure or partition made of wood, metal or other substance that is constructed for any purpose, such as marking the boundary of a property, enclosing a property, providing privacy, preventing escape or access by people or animals, or dividing a property into sections, and includes every door,posts, gate and other closure that dorms part of the fence, and does not include a hedge;
"Hedge" means a continuous line of thick shrubs or trees, which is densely planted and intended to be maintained at an even height.
"Municipal Law Enforcement Officer" shall mean a Municipal Law Enforcement officer appointed by the Municipality of Casselman to enforce municipal by-laws.
"Person" shall mean an individual, firm, corporation, association, partnership or an individual in his or her capacity as a trustee, executor, administrator or other legal representative.
"Privacy screen" shall mean a visual barrier constructed of building materials designed for exterior use including but not limited to posts, boards, panels, pilings, lattice, rails, wire, chain link, masonry or similar materials or any combination thereof used to shield any part of a Yard from view from any adjacent lot or highway. (Amending By-Law 2022-012)
"Yard" Means a space, appurtenant to a building or structure, located on the same lot as the building or structures, open, uncovered and unoccupied from the ground to the sky except for accessory buildings, structures or uses specifically permitted by this by-law.
"Yard, Front" Means the space extending across the full width of the lot between the front lot line and the nearest part of any main building or structure on the lot.
"Yard, Rear" Means the space extending across the full width of the lot between the rear lot line and the nearest part of any main building or structure on the lot.
"Yard, Side" Means a yard extending from the front yard to the rear yard between the side lot line and the side wall of the main building or main structure.
"Yard, Side -Exterior" Means a yard extending from the front yard to the rear yard between the exterior side lot line and the side wall of the main building or main structure.
"Yard, Side -Interior" Means a yard extending from the front yard to the rear yard between the interior side lot line and the side wall of the main building or main structure.
2 GENERAL REGULATIONS
2.1No Person shall erect, construct, maintain, or cause or permit to be erected, constructed or maintained any Fence that does not comply with the provisions of this by-law and any other applicable by-law.
2.2No Person shall erect a Fence or cause a Fence to be erected unless the Fence is,
a) Stable;
b) Vertical;
c) Made of material of good quality;
d) Suitable for the purpose; and
e) Constructed and supported in a manner commensurate with the design of the entire Fence.
2.3Every Person who erects a Fence or causes a Fence to be erected shall keep such Fence:
a) In good repair;
b) In a safe and structurally sound condition;
c) Free from accident hazards, and;
d) Protected by paint, preservative or other weather resistant material, except for wooden Fences made of cedar, redwood or treated wood.
2.4 No Person shall have, erect, construct, maintain or permit to be erected a Fence which is wholly or partly constructed of damaged/used materials.
2.5No Person shall erect a Fence or cause a Fence to be erected on the Municipality property, including within road allowances.
2.6 Every fence shall be maintained in such a manner that no defects are visible from any street or any property adjoining the property on which the fence is located.
2.7 No person shall construct or cause to construct or erect a fence to remain constructed that includes material which will, does or may, in the opinion of The Casselman Municipality adversely affect the safety of the public.
2.8Unsightly markings, stains, or other defacements on the exterior surfaces of Fences shall be removed and the surface shall be refinished when necessary to the satisfaction of the Municipal Law Enforcement officer.
2.9 No person shall construct or cause to construct or erect a fence that obscures a clear view at street intersections, pedestrian or bicycle pathways, driveways, or other points of access or egress of vehicular traffic and, more specifically, no fence shall be permitted within the sight triangle of a corner lot noted at schedule A of this by-law.
2.10All persons erecting or causing or permitting a fence to be erected are responsible to ensure that they have a legal right to erect the fence on the proposed location. The Municipality of Casselman will not be involved in property ownership disputes regarding property line location, private right-of-ways and/or easements.
2.11 Every person shall comply with any order or notice issued to them under the authority of this By-Law.
2.12 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Chief Building Official, a Building Inspector or a By-Law Enforcement Officer in the exercise of a power or the performance of a duty under this By-Law.
2.13 Nothing in this By-Law shall exempt any person from complying with the requirements of any other law in force within the area affected by this By-Law.
2.14 All requirements for a swimming pool enclosure are treated in the swimming pool enclose By-Law 2007-204.
2.15 Privacy screen may be erected in the side yard or rear yard, if:
a) Located no more than 4.5 meters (14 feet 9 inches) from the street line;
b) Located no more than 1.25 metres (49 inches) from any side Lot line, provided, however what where the privacy screen is located so as to provide a visual barrier between dwelling units divided by a common wall such screen maybe place closer to any side Lot line and;
c) Located more than 1.25 meters (49 inches) from the rear lot line,
The privacy screen is not more than 12 metres (39 feet 4 inches) in total length and no single individual length is longer than 9 metres (29 feet 6 inches);
d) Located not more than 12 metres (39 feet 4 inches) in total length and no single individual length is longer than 9 metres (29 feet 6 inches); and
e) Located not more than 4 metres (11 feet 10 inches) above effective ground level. (Amending By-Law 2022-012)
3. HEDGE FENCE
3.1 Every person shall maintain neatly trimmed a naturally growing hedge to a maximum width of 1.2 metres (3.9 feet).
3.2. No person shall erect or maintain or permit or cause to be erected or maintained any fence or hedge on or projecting into or over any public roadway, walk, park, boulevard, or other public property in the Municipality of Casselman.
3.3 The maximum height restriction for a naturally growing hedge shall be 3.66 metres (12 feet), except along a front property line or within a front yard; the maximum height shall be 1.2 metres (3.9 feet).
4. HEIGHT RESTRICTIONS - LOCATIONS
4.1 No person shall erect a fence or cause a fence to be erected that is higher than,
a. One metre (3.3 feet) in height in a yard, front, and
b. Two hundred and thirteen centimetres (7 feet) in height in any yard other than a yard, front.
4.2 No Fence exceeding 0.75 metres (3 feet) in height may be erected within any Sight Triangle.
4.3 No Person shall erect or cause to be erected a Fence on land owned by the Municipality of Casselman, including road allowances.
4.4 The height restrictions shall not be applied to a fence erected to enclose a tennis court.
4.5 The height of a fence at any given point shall be measured from the grade at the base of the fence to the top of the fence.
5. Municipal Park fence standards
5.1 All fences surrounding a municipal park shall be erected as follow:
a. With chain link (commercial metal 60 inch)
b. Two feet inside of the property line
c. Five feet in height
d. No person allowed to connect his fence to the Municipal park fences
e. No person shall erect a fence, trees, cedar hedge on property line dividing the Municipal parks and the resident’s property (two feet away at each side of the property line are required)
6. FENCES-PROHIBITED TYPES
6.1 No barbed wire, razor wire or electrically charges wire which is intended to give an electrical discharge shall be used as a part or in conjunction with any fence In the Municipality of Casselman.
7. SNOW FENCE
7.1 Snow fencing shall only be used as a temporary device and therefore may be erected and maintained only as follows:
a. during the winter months for the purpose of snow control;
b. to temporarily provide a barricade for a public purpose;
7.2 Snow fencing shall not be constructed as to cause a snow drift on a sidewalk, pedestrian pathway or road allowance.
8. EXISTING FENCES
8.1 Notwithstanding the provisions of this By-law, any Fence that is in existence prior to the date of the enactment of this By-law and in compliance with other applicable regulations including the Municipal by-laws, shall be deemed to comply with this By-law and may be maintained with the same material, height and dimensions as previously existed, including any repair work that may be done to such Fence. Any repair which is fifty percent (50%) or more of any fence is to be repaired or replaced, after the passing of this by-law, such replacement and or repairs shall meet the requirements of this by-law.
8.2 The deemed compliance provision set out in subsection 7.1 shall not apply to a Fence which is located within a Sight Triangle, within one (1) metre of a fire hydrant, or is otherwise deemed to be a safety hazard in the sole discretion of the Municipal Law enforcement Officer. All such Fences shall be required to comply with the provisions of this By-law, notwithstanding that the Fence was in existence prior to the date of the enactment of this By-law.
9. REMEDIAL ACTION
9.1 Every Person who has, erects constructs, maintains, or permits to be erected, constructed or maintained any Fence that does not comply with the provisions of this By-law shall forthwith take any necessary action to ensure that the Fence complies with the provisions of this by-law.
9.2 Remedial Action- work done by The Municipality of Casselman
In default of the work required by this By-law not being done by the Person directed or required to do it, the Municipality of Casselman, in addition to all other remedies, may have, do or cause the work to be done at the Person`s expense and may enter upon land, at any reasonable time, for this purpose.
9.3 Remedial Action – recover costs
The Municipality of Casselman may recover the costs incurred by doing the work or causing it to be done from the Person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.
10. INSPECTION
10.1 The Municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with:
a. this by-law; or,
b. an order made under section 431 of the Municipal Act, 2001.
10.2 For the purposes of conducting an inspection pursuant to section 13.1 of this by-law, the Municipality may:
a. require the production for inspection of documents or things relevant to the inspection;
b. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
c. require information from any Person concerning a matter related to the inspection; and,
d. alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
11. LINE FENCE ACT-DIVISION
11.1 Line fences Act - not applicable,
The line Fences Act shall not apply to any property within the Casselman Municipality.
12. SEVERABILITY
It is declared that if any section, subsection or part, or parts thereof, be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
13. ENFORCEMENT
13.1 This By-Law shall be enforced by the Municipal Law Enforcement Officer (MLEO) of The Municipality of Casselman.
14. PENALTY
14.1 Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is liable to a fine as prescribed for under the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
14.2 Each period of two (2) months, on which a person contravenes any provision of this By-Law, shall be deemed to constitute a separate offence under this By-Law as provided for in section 429(2) on the Municipal Act, S.O. 2001, c. 25.
15. ENACTMENT
Short title
This by-law may be referred to as the “Fence By-law”
Effective date
This By-Law shall come into force and take effect upon final reading thereof
DEFINITIONS
“Advertisement vehicle” shall mean a vehicle displaying an advertisement of goods or services, or a message, travelling on highways;
“Candidate” shall have the same meaning as in the Canada Elections Act, the Election Act, the Municipal Elections Act, as they may be amended from time to time;
“Election sign” shall mean any sign advertising or promoting the election of a political party or a candidate for public office in a federal, provincial or municipal election, including a vehicle with decals and/or lettering and a sign promoting the position of a person registered to campaign.;
“Forms of communications” shall mean any type of communications, including but not limited to, written communications by letter, e-mail, SMS and verbal communications by telephone or in person;
“Highway” shall have the same meaning as the Highway Traffic Act, as amended;
“Mobile sign” shall mean a temporary sign that is not secured to the ground or mounted on the wall of a building or other structure and that is intended mainly to be erected on a trailer that can be moved, transported or relocated elsewhere. Normally, a mobile sign consists of a screen used to display letters and numbers;
“Municipal Authority” shall mean the Clerk, the Deputy Clerk, the Municipal Law Enforcement Officer or persons acting on their instructions;
“Municipality” shall mean the geographic area located within the Municipality of Casselman;
“Public property” shall mean property that is owned by or under the control of the Municipality of Casselman or its agencies, boards, or commissions and includes public highways, and shall be deemed to include public utility poles, regardless of whether the poles are owned by or under the control of the municipality;
“Public utility poles” shall mean a pole owned or controlled by the municipality or another entity which provides a municipal or public utility service, including Bell Canada, Hydro and any subsidiaries thereof;
“Vehicle with decals and/or lettering” shall mean a temporary advertisement placed on a private or commercial vehicle and for the purpose of the present by-law shall be considered an election sign;
“Voting place” shall mean a place where a polling station is established and electors may cast their ballot and shall include the entire property upon which the polling station is established. For the purpose of municipal elections, voting place(s) are to be established in the election policies and procedures adopted by the Municipality of Casselman.
GENERAL REGULATION FOR ELECTION SIGNS
No person shall display or cause to be displayed an election sign except in accordance with the provisions of this by-law.
No permit shall be required from the Municipality of Casselman to display an election sign.
No person shall use or cause to be used the Municipality of Casselman’s logo, signature, or coat of arms on election signs.
No person shall display or cause to be displayed an election sign on any tree located within a road allowance.
No person shall display or cause to be displayed an election sign to any traffic control sign, guardrail or other form of traffic safety structure or facility, utility pole or equipment, or any other similar type of sign, structure, facility or equipment located within a road allowance.
No person shall remove, alter or cause damage to an election sign, unless otherwise authorized by the by-laws of the Municipality of Casselman.
No person shall display or cause to be displayed an election sign containing hate speech against another candidate.
No person shall display or cause to be displayed an election sign of an unregistered candidate.
ELECTION SIGNS ON PROPRETY
No person shall display or cause to be displayed an election sign on the following properties of the Municipality of Casselman and all abutting land including inside the buildings thereon:
| ROAD ADRESS | ROLL# | DESCRIPTION |
| Alice | 16158 | Municipal Property |
| Argile | 40170 | Municipal Property |
| Aurèle | 16159 | Municipal Property |
| 738 Brebeuf | 01655 | Municipal Property |
| 745 Brebeuf | 05105 | Municipal Property |
| 756 Brebeuf | 01660 | Municipal Property - P.E. Levesque Centre |
| 758 Brebeuf | 01600 | Municipal Property - J.R. Brisson Complex |
| 16 Brisson | 07255 | Municipal Property - Pumping Station |
| County Road 3 | 41099 and 41298 | Municipal Properties |
| Des Chenes | 20122 and 15840 | Municipal Properties |
| 730 Des Pommiers | 20124 | Municipal Property |
| Des Pommiers | 19329 | Municipal Property |
| Dollard | 01850 and 42502 | Municipal Properties |
| 46 Faucher | 16254 | Municipal Property - Park |
| Faucher | 16299 | Municipal Property |
| Gagne Cres | 16099 | Municipal Property |
| 1 Industriel | 13620 | Municipal Property |
| Joliette | 30098 | Municipal Property - Park |
| 224 Laurier | 18820 | Municipal Property - Lagoon |
| 802 Laval | 37873 | Municipal Property - Park |
| 832 Laval | 38450 | Municipal Property - Water Plant |
| Martin | 40900 | Municipal Property - Park |
| Montcalm | 02399 | Municipal Property |
| Montée Lafontaine | 41990 | Municipal Property |
| Percy | 30299 | Municipal Property |
| Principale | 10750 | Municipal Property |
| Principale | 38505 | Municipal Property - Park |
| 819 Principale | 38510 | Municipal Property |
| 750 Principale | 05100 | Municipal Property |
| 868 Principale | 41500 | Municipal Property - Municipal Garage |
| 874 Principale | 41400 | Municipal Property |
| Racine | 13658 | Municipal Property |
| Rivière Nation | 41790 | Municipal Property |
| St-Joseph | 24350 | Municipal Property - Tourism Centre/Train Station |
| 699 St-Isidore | 17200 | Municipal Property |
| 670 St-Isidore | 19805 | Municipal Property |
| 751 St-Jean | 23150 | Municipal Property Town Hall |
| 747 St-Jean | 23200 | Municipal Property |
| 240 Zakari | 41017 | Municipal Property |
| 30099 | Municipal Property |
No person shall display or cause to be displayed an election sign on any other municipal property, including but not limited to parkland, and other lands, buildings and facilities owned by the Municipality of Casselman or regional entity, including but not limited to, the United Counties of Prescott and Russell and the South Nation Conservation Authority.
No person shall park a vehicle with decals and/or lettering at one of the prohibited premises stipulated at section 3.1 unless having business there and being physically inside the premises.
No person shall display or cause to be displayed an election sign on public property in a manner as to obstruct the visibility of motor vehicles.
No person shall display or cause to be displayed an election sign on public property where such sign constitutes a safety hazard to the public.
No person shall erect, locate, or display an election sign on a highway that is not under the jurisdiction of the Municipality of Casselman without the consent of the authority responsible for the highway.
ELECTION SIGNS ON PRIVATE PROPRETY
No person shall display or cause to be displayed an election sign on a private property unless having authorization from the owner.
No person shall display or cause to be displayed an election sign on a private property in a manner as to obstruct the visibility of motor vehicles.
No person shall display or cause to be displayed an election sign on a private property where such sign constitutes a safety hazard to the public.
TIMING
No person shall display or cause to be displayed an election sign of more than thirty (30) days immediately preceding the voting day in a municipal election or, in the case of a federal or provincial election, the election sign may be placed upon issuance of the writ of election.
Every election sign placed on public and private property must be removed within five (5) days following voting day.
ODERS TO COMPLY
If there is a contravention of this By-law, the municipal authority of the Municipality of Casselman may make one or more orders requiring discontinuance of contravening activity or to do work to correct the contravention.
The order may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given forty-eight (48) hours after it is mailed.
The order of the municipal authority of the Municipality of Casselman shall be final and every person must comply with the order within twenty-four (24) hours after being served with the order.
REMEDIAL ACTION INCLUDING REMOVAL AND DISPOSAL
If a person fails to do a matter of thing required under this By-law, including a matter of thing required by an order made under this By-law, the Municipality of Casselman or persons acting on its instructions, may enter on public property at any time or enter private property at any reasonable time to remove and seize any election sign at the person’s expense as per Schedule “A”.
The costs incurred by the Municipality of Casselman to remove any election sign and the restoration of a site shall have priority lien status under the Municipal Act, 2001 as amended and may be added to the collector’s tax roll and collected in the same manner as municipal taxes. In addition, the cost incurred by the municipality is a debt and may be recovered in any court of competent jurisdiction.
Upon payment of the fees specified in Schedule “A”, election signs may be returned, subject to the person contacting the Municipality of Casselman’s Clerk’s Department on a business day to schedule an appointment for the retrieval of the election signs. The scheduling of this appointment is subject to the reasonable discretion of the Municipality of Casselman, with the exception that it cannot be scheduled on voting day.
The Municipality of Casselman or persons acting on their instructions may take any reasonable remedial action, without notice, required within the seventy-two (72) hours preceding the voting day to ensure compliance of this By-law.
OFFENCES
Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as specified in Schedule “B”.
Where a corporation contravenes any provision of this By-law, every director or officer who concurs in such contravention is guilty of an offence and, on conviction, is liable to a fine as specified in Schedule “B”.
In the case of a continuous offence each day or part of a day that the offence continues shall be deemed to constitute a separate offence under this by-law and the total of the daily fines imposed for each offence may exceed $100,000.
In the case of multiple offence each offence included in the multiple offence shall be deemed to constitute a separate offence under this by-law and the total of the multiple offence fines imposed for each offence may exceed $100,000.
Every person who fails to comply with an order made under this By-law is guilty of an offence and on conviction is liable to a fine of no more than $100,000.
EFFECTIVE DATE
That By-law number 2018-036 is hereby repealed.
That this By-law shall come into force and take effect on the date of the passing thereof.
This by-law may be cited as the Stoop and Scoop By-law.
In this by-law “dog” means a male or female dog.
Each person having control of a dog shall remove forthwith any feces left by the dog in the Village of Casselman,
(a) on a highway;
(b) in a public park
(c) on any public property other than a public park, or
(d) on any private property other than the property of,
(i) the owner of the dog, or
(ii) the person having care, custody or control of the dog.
The provisions of this by-law do not apply to a blind person accompanied by a dog serving as a guide or leader.
Any person who contravenes any provision of this By-law is guilty of an offence and is liable, upon conviction, to each offence to a fine recoverable under the provisions of the Provincial Offences Act.
Upon registering a conviction for a contravention of any provision of this By- law, the Ontario Court – Provincial Division, may in addition to any other remedy and to any penalty imposed by this by-law, make an order prohibiting the continuation or repetition of the offence by the person convicted.
This by-law shall come into force and take effect as of the day of its final passing.
DEFINITIONS
1. For the purpose of this by-law;
a) “Clerk” means the Clerk of the Corporation of the Village of Casselman.
b) “Dog” means a male or female dog.
c) “Municipal Law Enforcement Officer, Animal Control Officer and Peace Officer” means the person or persons appointed by the Village of Casselman to enforce this by-law and any servant or agent of such person or persons employed for such purposes.
d) “Municipality” means the Corporation of the Village of Casselman.
e) “Owner” of a dog means a person who owns, possesses or keeps one or more dog, and where the owner is a minor, the person responsible for the custody of the minor.
f) “Prohibited Area” shall mean any area of land described in Schedule “A” to this by-law and which is designated by signs bearing the symbol depicted on Schedule “B” to this by-law.
g) “Running at large” shall mean a dog found in any place other than the premises of the owner of the dog and not under the control of any person by means of a leash.
LIMIT ON THE NUMBER OF DOGS
No person shall own, possess or keep more than 3 (three) dogs in any residential dwelling unit or on any property or premises within the municipality.
Section 2 (a) does not apply to prevent a person keeping more than three (3) dogs if such dogs were owned, kept, and registered with the municipality prior to the adoption of this by-law.
Offspring may be owned and kept for a period not exceeding sixteen (16) weeks from the birth date.
Section 2 (a) and (c) shall not apply to any veterinary clinic, animal hospital, or any commercially licensed pet shop or store.
LICENCES AND TAGS
Every owner of a dog 8 weeks of age and over shall, annually, on or before the 31st day of March, or upon becoming the owner of a dog, register the dog with the municipality.
At the time of registration, the owner applicant shall be required to pay to the Municipality a license fee pursuant to Schedule “C” to this by-law.
On payment of the license fee for a dog, the owner shall be furnished with a dog tag from the municipality which shall bear the serial number and the year in which it was issued.
The owner of a dog shall keep the dog tag securely affixed on the dog for which it was issued at all times until the dog tag is renewed or replaced.
The fee charged for the replacement of lost dog tags shall be as pursuant to Schedule “C” to this by-law.
Notwithstanding Section 3 (b), newcomers to the Village of Casselman, and residents who become the owner of a dog after the 30th of June of the current year, may be issued a dog license valid for the remainder of that calendar year for the fee pursuant to Schedule “C” to this by-law.
Section 3 (a) to 3 (f) and Section 4 (e) does not apply to a dog professionally trained as a guide dog by a specialized society or organism, and kept as an aid for visually and / or physically impaired persons.
DOGS RUNNING AT LARGE
An owner of a dog, when such dog is tied on the property of the owner or on the property of some other person with such person consent, shall ensure that the tie is of the appropriate length as not to allow the dog to trespass on the neighboring property.
No person shall allow a dog either tied or not, to trespass on any private property without the consent of the owner, tenant or occupant of such property,
No person shall allow and/or permit a dog to run at large.
For the purpose of this by-law a dog shall be deemed to be running at large if found in any place other than the premises of the owner of the dog and not on a leash held by a responsible person.
No person shall permit the dog to be within a prohibited area.
Any dog running at large and not under the control of any person by mean of a leash contrary to the provisions of this by-law may be killed or captured and impounded at the owner’s expenses by the Peace Officer.
PUBLIC NUISANCE
No person who owns possesses or keeps a dog within the Village of Casselman shall allow or permit such dog to become a public nuisance. A dog shall be considered a public nuisance if:
(a) It persistently barks, howls or whines;
(b) It causes damage to public or private property;
(c) It interferes with dumps or scatter garbage or trash;
(d) It chases pedestrians, bicyclists or vehicles.
No person shall allow or permit a dog to attack any person, domestic animal or domestic bird.
IMPOUNDING OF DOGS
It shall be the duty of the Municipal Law Enforcement Officer, Animal Control Officer and Peace Officer to capture and impound all dogs found running at large.
The owner of a dog that has been impounded, if he can be located, shall be notified, forthwith personally, or by registered mail, and the notice to the owner shall state that the said dog may be claimed upon payment of a fee as set out in Schedule “C” to this by-law and where the dog is not registered with the municipality, the owner must first register the dog and pay the fees for the annual license before the dog is released back to him/her. The notice shall also state that if the dog is not claimed within the minimum redemption period, such dog may be destroyed in the most humane way, or may be given away or sold, and no damages of compensation shall be recovered on account of any such disposition.
The minimum redemption period shall be 72 hours excluding the day on which the dog was impounded and holidays shall not be included in calculating any redemption period.
Where the pound remains closed on a day that is not a holiday, every unexpired redemption period for any dog in the pound on that day is extended by one day.
Where a dog as been impounded and not claimed by its owner, the owner remain responsible for all expenses made by the municipality for the impounding, caring and disposal of the dog.
Where a dog seized under this by-law is sick or injured, and shall be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Municipal Law Enforcement Officer, Animal Control Officer and Peace Officer may destroy the dog in the most humane way as soon after the seizure as he believe is the most convenient without offering it for sale and no damages or compensation shall be recovered on account of its destruction.
PENALTIES AND ENFORCEMENT
The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer, Animal Control Officer and Peace Officer.
Any person guilty of removing a collar or plate from a licensed dog shall be subject to the penalties of this by-law.
Every person who uses a tag upon a dog other than for which it was issued is guilty of an offence and upon being charged and convicted shall be subject to the penalties of this by-law.
Every person who contravenes any of the provisions of this by-law shall, if convicted by a Provincial Offences Court, be guilty of an offence and is subject to the penalty imposed under the Provincial Offences Act.
Before any action, whether to confine a dog or to institute other enforcement proceedings is taken by the Peace Officer and/or other appointed officials as a result of a complaint, the complainant shall give to the officer involved his or her name, address and telephone number.
Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act.
The penalty provided for violation of any of the provisions of this by-law shall be separate from and in addition to the requirements for payment of expenses of confining the dog imposed by the Peace Officer.
Every person who hinders obstructs the Peace Officer performing his or her duties referred by this by – law of cause of inspection, administration or enforcement shall, if convicted by a Provincial Offences Court, be guilty of an offence and is subject to the penalty imposed under the Provincial Offences Act.
That by-laws number 2007-196, 2010-019 and 2014-053 are repealed.
That this by-law shall come into force and take effect on the day of its passing.
Principles upon which this code is based
Improving the quality of municipal administration and governance can best be achieved by encouraging high standards of conduct on the part of all municipal officials and local board members. In particular, the public is entitled to expect the highest standards of conduct from the members that it elects to local government. In turn, adherence to these standards will protect and maintain the municipality’s reputation and integrity.
Key statements of principle that underline this Code of Conduct are as follows:
Members shall at all times serve and be seen to serve the interests of the Municipality and their constituents in an ethical, conscientious and diligent manner, and shall approach decision-making with an open mind;
Members must be committed to performing their functions with integrity, avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real;
Members are expected to perform their duties in office and arrange their private affairs, in a manner that promotes public confidence and will bear close public scrutiny;
Members must recognize and act upon the principle that democracy is best achieved when the operation of government is made as a transparent and accountable to members of the public as possible; and
Members shall seek to serve the public interest by upholding both the letter and spirit of the laws of Parliament and the Ontario Legislature, as well as the laws and policies adopted by the municipal council.
Application of this code
This Code of Conduct applies to every member of the Council and its local boards.
Definitions
Child means a child born within or outside marriage and includes an adopted child and a person whom a member has demonstrated a settled intention to treat as a child of his or her family.
Corporation means the Municipality of Casselman.
Council means the Council of the Municipality of Casselman.
Information includes a record or document.
Member means a member of the Council or a local board, unless the context otherwise requires.
Parent means a person who has demonstrated a settled intention to treat a child as a part of his or her family whether or not that person is the natural parent of the child.
Municipality means The Municipality of Casselman.
Person includes a corporation, partnership, association and any other entity, as the context allows.
Spouse means a person to whom a person is married or with whom the person is living in a conjugal relationship outside marriage.
Compliance with the declaration of office
Every member of Council shall act in accordance with his or her declaration of office.
Adherence to Council Policies and Procedures
Every member shall observe and comply with every provision of this Code of Conduct, as well as all other policies and procedures adopted or established by Council affecting the member, acting in his or her capacity as a member of Council or its local board.
Conduct at Meetings
Every member shall conduct himself or herself properly and in a civil manner during meetings, and in accordance with the provisions of the applicable Procedure By-law, this Code of Conduct, and other applicable law.
Conduct Respecting Others
Every member has the duty and responsibility to treat members of the public, one another and staff appropriately and without abuse, bullying or intimidation, and to ensure that the municipal work environment is free from discrimination and harassment.
Conduct Respecting Staff
Under the direction of the senior municipal administration, and in accordance with the decisions of Council, municipal staff is required to serve the municipal corporation as a whole. Every member shall be respectful of the role of staff to provide advice based on political neutrality and objectivity and without undue influence from any member or faction of the Council. Accordingly, no member shall maliciously or falsely injure of impugn the professional or ethical reputation of any member of staff. Every member shall show respect for staff, and for their professional capacities and responsibilities.
No member shall compel any member of staff to engage in partisan political activities, or subject any member of staff to threat or discrimination for refusing to engage in any such activity. No member shall use or attempt to further his or her authority or influence by intimidating, threatening, coercing, commanding, or influencing improperly any staff member or interfering with that person’s duties, including the duty to disclose improper activity.
Gifts and Benefits
For the purpose of this Code, a gift or benefit provided, with the member’s knowledge, to a member’s spouse, child or parent, or to his or her staff, that is connected directly or indirectly to the performance of the member’s duties, is deemed to be a gift or benefit to that member.
No member shall accept a fee, advance, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office, unless permitted under one or more of the exceptions listed below.
Each of the following is recognized as an exception:
compensation authorized by law;
Attendance by the member is for a legitimate municipal purpose;
The person extending the invitation, or a representative of the organization holding the event, is in attendance; and
The value is reasonable;
7. communications to the office of a member, including subscriptions to newspapers and periodicals; and
8. a sponsorship or donation for a community event organized or run by a member, or a third part on behalf of a member, subject to the limitations set out in any applicable municipal policy.
Except for exception (c) (political contributions allowable by law), these exceptions do not apply where a gift or benefit is provided by a lobbyist or a lobbyist’s client or employer. In this provision, a lobbyist is an individual, organization or business who or that:
In the case of any of the recognized exceptions (b), (e), (f), (h) and (i), if the value of the gift or benefit exceeds $300.00, or if the total value of gifts or benefits received from any one source during the course of a calendar year exceeds $300.00, the member shall file, within 30 days of receipt of the gift or benefit, or of reaching the annual limit, a disclosure statement with the municipality [or with its Integrity Commissioner].
The disclosure statement must set out:
the nature of every gift or benefit received;
its source and date of receipt;
the circumstances under which it was given and received;
its estimated value;
what the recipient intends to do with any gift; and
whether any gift will at some point be provided to the municipality.
Every disclosure statement filed under this Code shall be made a public record.
Upon receiving a disclosure statement, the Integrity Commissioner, or other responsible municipal official, shall examine it to ascertain whether the receipt of the gift or benefit might, in his or her opinion, constitute a contravention of this Code or create a conflict between a private interest and the public duty or responsibilities of the member. In the event that the Integrity Commissioner makes such a determination, he or she shall call upon the member to justify receipt of the gift or benefit.
Should the Integrity Commissioner or other municipal official determine that receipt of any gift or benefit was inappropriate, he or she may direct the member to return the gift, reimburse the donor for the value of the gift or benefit already consumed, forfeit the gift or remit the value of any gift or benefit already consumed, to the municipality.
Except in the case of exceptions (a), (c), (f) and (i), no member shall accept a gift or benefit worth in excess of $500.00 or gifts or benefits from one source during a calendar year which together are worth in excess of $500.00.
Expenses
Members of Council are required to adhere to the Council Expense Policy and related procedures and guidelines and ensure that conditions related to each expense are met.
Falsifying of receipts or signatures by a Member of Council or their staff is a serious breach of this Code of Conduct and the Criminal Code of Canada and could lead to prosecution.
Municipal Conflict of Interest Act
Members shall conduct themselves in accordance with the Municipal Conflict of Interest Act as amended from time to time. The following principles should be used as a guide:
When the member has a pecuniary interest, the member should immediately declare it at the first available opportunity and follow the provisions of the Municipal Conflict of Interest Act, including but not limited to section 5 thereof.
Communication and Media Relations
Members shall adhere to the communication policy and will attempt to accurately and adequately communicate the attitudes and decisions of Council, even if they disagree with a majority decision of Council, so that:
Members conduct their dealings with each other in ways that maintain public confidence in the Office to which they have been elected, members remain open and honest, and members are focused on the issue rather than personalities and avoid aggressive, offensive or abusive conduct.
Reference to the Council Procedure By-law and the committee’s By-law
Members of council must conduct themselves in conformity with procedure By-laws in place. Amongst other obligations, they must respect the following:
Confidential Information
In this Code, “confidential information’ includes any information in the possession of, or received in confidence by, the municipality that the municipality is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act, or any other law. “Confidential information” also includes information of a corporate, commercial, scientific or technical nature received in confidence from third parties; personal information; information that is subject to solicitor-client privilege; information that concerns any confidential matters pertaining to personnel, labour relations, litigation, property acquisition, the security of the property of the municipality or a local board; and any other information lawfully determined by the Council to be confidential, or required to remain ore be kept confidential by legislation or order.
No member shall disclose, release or publish by any means to any person or to the public any confidential information acquired by virtue of his or her office, in any form, except when required or authorized by Council or otherwise by law to do so.
No member shall use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body.
A matter, the substance of a matter, and information pertaining to a matter, that has been debated or discussed at a meeting closed to the public, shall be maintained as confidential, unless authorized by the Council or legislation to be released, generally or subject to conditions, and such are complied with. No information pertaining to such a matter, the manner in which it was dealt with at the meeting, or any part or description of the debate, shall be disclosed unless authorized by the Council or otherwise by law.
A member may disclose the content of any matter referred to in the preceding paragraph or the subject-matter of deliberations, at an in camera meeting, only after the Council or committee lawfully and knowingly discusses the information at a meeting that is open to the public or releases the information to the public.
Without limiting the generality of the foregoing, no member shall, without lawful authority, disclose, or make personal use of, any of the following types of confidential information:
No member shall obtain access, or attempt to gain access, to confidential information in the custody of the municipality except to the extent that such access is necessary for the performance of his or her duties and such access is not prohibited by Council or otherwise by law.
Use of City property, services and other resources
No member shall use, or permit the use of, municipal land, facilities, equipment, supplies, services, staff or other resources, including any municipally-owned information, website, Council transportation delivery service or funds allocated for member of Council expenses, for any purpose or activity other than the lawful business of the municipal corporation. No member shall seek or acquire any personal financial gain from the use or sale of confidential information, or of any municipally-owned intellectual property including any invention, creative writing or drawing, computer program, technical innovation, or any other information or item capable of being patented or copyrighted, of which property remains exclusively that of the municipality.
Conduct of election campaign
Every member shall comply with all applicable requirements of the Municipal Elections Act, 1996. No member shall use confidential information, facilities, equipment, supplies, services or other resources of the municipality, including any Councillor newsletter or website linked through the municipality’s website, for any election campaign or campaign-related activity. No member shall undertake campaign-related activities on municipal property during regular staff working hours unless authorized by the municipality. No member shall use the services of any person for election-related purposes during hours in which that person receives any compensation from the municipality.
No improper use of influence
No member of Council shall use the influence of his or her office for any purpose other than for the lawful exercise of his or her official duties and for municipal purposes.
No member of Council shall use his or her office or position to influence or attempt to influence the decision of any other person, for the member’s private advantage or that of the member’s parent, child, spouse, staff member, friend or associate, business or otherwise. No member shall attempt to secure preferential treatment beyond activities in which members normally engage on behalf of their constituents as part of their official duties. No member of Council shall hold out the prospect or promise of future advantage through the member’s supposed influence within Council, in return for any action or inaction.
For the purposes of this provision, “private advantage” does not include a matter:
that is of general application;
that affects a member of Council, his or her parents/children or spouse, staff members, friends or associates, business or otherwise, as one of a broad class of persons; or
that concerns the remuneration or benefits of a member of Council.
This provision does not prevent a member of Council from requesting that Council grant a lawful exemption from a policy.
Non-compliance with this code of conduct – Sanctions
A member found by Council to have contravened any provision of this Code, is subject to one or more of the following consequences imposed by Council, as referred to in the following two paragraphs;
The Municipal Act, 2001 authorizes the Council, where it has received a report by its Integrity Commissioner that, in his or her opinion, there has been a violation of the Code of Conduct, to impose upon the offending member;
The Integrity Commissioner may also recommend that Council or a local board take one or more of the following actions:
No reprisal or obstruction in the application or enforcement of this code
Every member must respect the integrity of the Code of Conduct and inquiries and investigations conducted under it, and shall co-operate in every way possible in securing compliance with its application and enforcement. Any reprisal or threat or reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner or any other person is prohibited. It is also a violation of the Code of Conduct to obstruct the Integrity Commissioner, or any other municipal official involved in applying or furthering the objectives or requirements of this Code, in the carrying out of such responsibilities, or pursuing any such objective.
Statutes relating the conduct of councillors
In addition to this Code of Conduct, the following Ontario legislation also governs the conduct of member of Council;
A member may become disqualified and lose his or her seat by operation of law, including being convicted of an offence under the Criminal Code of Canada or being found to have failed to comply with the Municipal Conflict of Interest Act, whether or not the conduct in question involves contravention of this Code of Conduct.
In the case of any inconsistency between this Code and a Federal or Provincial statute or regulation, the statute or regulation shall prevail.
INTERPRETATION
In this By-Law:
Corporation means the Corporation of the Village of Casselman.
Ground Cover means organic or non-organic materials applied to prevent the erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass or other form of landscaping.
Lawn means organic ground cover normally used for yards surrounding buildings.
Municipal Law Enforcement Officer means the officer in charge of by-law enforcement of the Corporation of the Village of Casselman or his/her authorized subordinates or assistants.
Municipality means the Corporation of the Village of Casselman.
Noxious Weed means a plant that is designated under the Weed Control Act as a noxious weed.
Property means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile buildings, mobile structures, outbuildings fences and erections thereon whether heretofore or hereafter erected and includes vacant property.
Residential Zone means properties that are zoned residential as per the zoning by-law of the Corporation of the Village of Casselman.
Street means any highway, road, avenue, parkway, driveway, square, places, bridges, viaduct or trestle and includes the whole road allowance from lot line to lot line which includes the ditch gutter, gravel and grassed portions.
Unsafe Condition means any condition that would cause undue or unexpected hazards to the life, limb or health of any person authorized or expected to be on or about the premises.
Waste shall include refuse garbage, or debris of any kind whatsoever and without limiting the generality of the foregoing includes rubbish, inoperative or unlicensed vehicles or boats or aircraft and mechanical equipment, automobile and mechanical parts, furnaces, water and fuel tanks, furniture, table refuse, paper, cartons, crockery, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or rocks fill, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable.
Weed Inspector means a person appointed under Section 6 of the Weed Control Act.
Yard means the land other than publicly-owned land around and appurtenant to the whole or any part of the property and used, or capable of being used, in connection with the property whether or not the land is owned by the owner of the building.
PROPERTIES
All properties shall be kept in a neat and tidy condition and no person shall dump, throw, place or deposit any waste material on any property or cause such material to remain therein.
No person shall dump, throw, place or deposit any rubbish, garbage and other debris on any property.
The owner, tenant, occupier or licensee of any property shall keep the property free, of objects and conditions that are health, fire or accident hazards.
The owner, tenant, occupier or licensee of any property shall keep the property free of heavy undergrowth and noxious plant, such as ragweed, poison ivy, poison oak, etc., and excessive growth of grass, weeds and other vegetation.
The owner, tenant, occupier or licensee of any property shall keep the lawn trimmed neatly and shall not be in excess of seven (7) inches or overgrown or unsightly. (Amending By-Law 2022-048)
The owner, tenant, occupier or licensee of any property shall keep the property free of dead, decaying or damaged trees or other natural growth, and the branches and limbs thereof which create an unsafe or unsightly condition.
The owner, tenant or occupier, licensee of any property shall keep the property free of wrecked, dismantled, inoperative, unused or unlicensed vehicles, trailers, boats, air crafts or other machinery or any part thereof and junk and refuse of any kind, except in an establishment licensed or authorized to conduct and operate such a business, and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition out of character with the surrounding environment.
The owner, tenant, occupier or licensee of any property shall keep the property free of dilapidated or collapse structures or erections and any unprotected well or other unsafe condition or unsightly condition out of character with the surrounding environment.
When a garbage bin, container or receptacle is required on a residential, non commercial property, the owner, tenant or licensee of such property shall have the said bin, container, or receptacle emptied as follow:
Once every week for a bin, container or receptacle having a capacity of two (2) to eight (8) yards.
Once every month for a bin, container, or receptacle having a capacity exceeding eight (8) yards.
REFRIGERATORS, FREEZERS, ETC.
The owner, tenant, occupier or licensee of any property shall remove self-locking or self-latching devices on refrigerators, freezers or similar appliances which are stored or left on porches, decks, or in any rear yard, side yard or similar areas.
All refrigerators stored or left on porches, decks, or in any rear yard, side yard or similar areas shall be:
In good working order.
Secured with an external locking device.
Locked at all times except when actually in used and supervised.
The owner, tenant, occupier or licensee of any property who places refrigerators, freezers or similar appliances out on roadways for disposal thereof, shall remove there from all doors without limiting the generality of the foregoing including all sliding, swinging, spring loaded, and pull-to-open doors.
LANDSCAPING
The owner, tenant, occupier or licensee of any property shall maintain hedges, planting, trees or other landscaping, in a living condition, or shall replace these if no longer alive with equivalent landscaping, so as to carry out their intended function and maintain an attractive appearance.
The owner, tenant, occupier or licensee of any property shall provide suitable ground cover to prevent erosion of the soil. Where grass forms a part of the ground cover, and such grass is no longer in a living condition, such dead areas shall be re sod or re seeded as often as required so as to restore the grass to a living condition.
The owner, tenant, occupier or licensee of any property shall maintain areas within the yard not covered by buildings or structures, sidewalks, driveways and parking areas to a standard at least compatible with the abutting and adjoining properties.
The owner, tenant, occupier or licensee of any property shall maintain in good repair areas used for vehicular traffic, parking and facilities for loading and unloading such areas shall be free of potholes and adequately drained.
The owner, tenant, occupier or licensee of any vacant land shall keep it graded, filled or otherwise drained so as to prevent recurrent pounding of water.
RUBBISH
The owner, tenant, occupier or licensee, of any property shall maintain and provide sufficient receptacles to contain all garbage, rubbish, ashes and waste. The receptacles shall be made of metal or plastic, made of watertight construction and provided with a tight fitting cover.
The owner, tenant, occupier or licensee of any property shall keep the property free of all refuse or litter.
The owner, tenant, occupier or licensee of a non residential building, shall provide sufficient receptacles to contain all refuse and litter as may be left by customers or other members of the public.
PASSAGEWAYS
The Owner, tenant, occupier or licensee of any property shall maintain steps, walks, driveways, parking spaces and similar areas of a yard in a condition so as to afford safe passage under normal use and weather conditions.
PRIVATE PROPERTY
All private property shall be kept clear of waste and no person shall dump, throw, place, or deposit any waste material on any private property or cause such material to remain thereon.
CORPORATION PROPERTIES AND STREETS
No person shall dump, throw, place, or deposit any waste material, refuse or debris on any street or any property belonging to the municipality without prior written approval of the Council of the Corporation of the Village of Casselman.
No person shall cause or permit or allow any snow to be dumped, thrown, placed, pushed or deposited onto any street or other property within the municipality without prior written authority from the owner or occupant of such property.
Nothing in the by-law shall be deemed to give any person the authority to dump, throw, and place or deposit any waste, material or garbage on any street or property within the boundaries of the municipality.
Nothing in this by-law shall be deemed to interfere with the filling or raising of land with earth or rock fills done in the course of building operations or the disposal of waste on any lands which have been designated for that purpose by by-law of the Corporation.
When any property is not maintained pursuant to the requirements of this by-law, the Corporation shall send a notice by regular mail or personal service to the owner or occupant at their last known address requiring them to make the property conform to the requirements of the by-law and the notice shall specify the time allowed for compliance. (Amending By-Law 2022-048)
Where notice has been sent by the pursuant to Section 11 of this by-law and the requirements of the notice have not been complied with, the Corporation may cause the work to be done and the Corporation may recover the expense, of such work by action or in a like manner as municipal taxes
PENALTY
Every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act.
In addition to the imposition of a fine or other remedy, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.
That all municipal parks won’t be maintained between the November 1st and April 30th of every year.
That the Village of Casselman wil not be held responsible for any incident occuring during those specific dates.
That this by-law shall come into effect on the passing thereof.
DEFINITIONS
1. For the purposes of this By-Law:
a. “Applicant” shall mean the person making an application for a permit under this by-law;
b. “Business” shall mean any trade, business or occupation carried on or engaged in wholly or partly within the Village of Casselman, and includes any trade, occupation or business earned or: engaged in by a non profit organization;
c. “Building Department” means the Chief Building Inspector or any of his subordinates appointed by the Council of the Corporation;
d. “Corporation” shall mean the Corporation of the Village of Casselman;
e. “Entertainment/Amusement Services” means a business that provides or offers leisure activities in which the customer acts as an observer or in which the customer can rent or temporary use equipment designated for entertainment;
f. “Fire Department” means the Fire Chief or any of his subordinates appointed by the Council of the Corporation;
g. “Home occupation” means a use conducted entirely within a dwelling by the inhabitants, and which use is clearly secondary to the use of the dwelling for dwelling purposes, and does not change the character of the dwelling;
h. “Licence” shall mean a licence issued under the provision of this by-law by the Corporation of the Village of Casselman;
i. “Licensee” means a person or corporation to whom a licence has been issued under this By-Law;
j. “Medical Officer of Health” means the Chief Medical Officer of Health or his/her appointee;
k. “Municipal Law Enforcement Officer” means a Peace Officer for the purpose of enforcing Municipal By-Laws for the Corporation of the Village of Casselman;
l. “Non profit organizations” shall mean a person or an organization operating activities that are non profit, but are based on philanthropic goals;
m. “Planning Department” means the Municipal Planner or any of his subordinates appointed by the Council of the Corporation;
n. “Seasonal” means a business that operates less than 7 consecutive months during a specific time of the year;
o. “Trades/Contractors” means a person who makes an agreement with another to do a piece of work, retaining in himself control of the means, method and manner of producing the result to be accomplished.
INTERPRETATION
No person shall operate within the Village of Casselman any business as defined in this By-law without first obtaining a licence from the Corporation authorizing him/her to operate a business. Exclusions are outlined in the section “exception” set out in Schedule “A” of this By-law.
APPLICATIONS PROCESSING AND ISSUANCE
The Council of the Corporation of the Village of Casselman appoints and authorizes the Municipal Law Enforcement Officer to:
a. administer the permit provisions of this by-law;
b. undertake any technical investigation or inspection for the purposes of administering this by-law;
c. recommend or refer any issues to the various departments or administrative bodies pursuant to section 6.
The licence may, at the discretion of the Municipal Clerk or Municipal Treasurer, designate any further terms or conditions of licence deemed necessary.
Every person who requires a licence under the provisions of this By-Law shall:
a. file an application in writing by completing a prescribed form available at the Offices of the Corporation;
b. provide, as required by the Municipal Law Enforcement Officer any documents, permits or permissions pertaining to the operation of the said business;
c. pay the non-refundable application fee, if applicable, as indicated in Schedule “A” of this by-law;
d. submit the annual licence fee as indicated in Schedule “A” of this by-law;
e. provide, if required, satisfactory evidence of having paid any business tax owing by the applicant.
The issuance of the licence under this By-law may, where applicable, be subject to the written approval of all or any of the following:
a. the planning Department;
b. the Building Department;
c. the Fire Department;
d. the Municipal Law Enforcement Department;
e. the Medical Health unit.
No person shall be deemed to have been issued a licence until the Municipal Law Enforcement Officer has signed and issued the licence. The application for a licence does not constitute a licence.
The Municipal Law Enforcement Officer shall, upon receipt of the application filed in accordance with the section 5, make or cause to be made all investigations considered necessary or which are required by law or by the Corporation relative to the application.
REFUSAL- SUSPENSION- REVOCATION OF LICENCE
If the investigation referred to in section 8 of this By-law discloses any reason that the carrying on of the said business or organization may result in the breach of the law or of any provisions of any By-laws of the Corporation, the Municipal Law Enforcement Officer may refuse to issue the licence and shall notify the applicant of his refusal in writing.
The Council may, by resolution;
a. refuse to grant a licence;
b. revoke or suspend an account;
c. impose special conditions on a business in a class that have not imposed on all business in that class as a requirement of obtaining or continuing to hold or renewing a licence, and;
d. impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the licence upon the ground that the conduct of a person, or in the case of a corporation, the conduct of its officers, directors, employees or agents affords reasonable grounds for the belief that the person will not carry on or operate the business in accordance with the law or with honesty and integrity.
No person shall enjoy vested right in the continuance of a licence and upon the issue, renewal, cancellation or suspension thereof, the value of the licence shall be the property of the Corporation of the Village of Casselman.
The granting of a licence under the provision of this By-law shall depend upon the licensee indemnifying and saving harmless the Corporation and the employees, contractors and agents of the Corporation from all loss, damage, legal action, cost and expanses of every nature and kind arising from or in consequence the carrying on of the said business, for which the licence was issued.
EXPIRY OF LICENCE
The licences for every businesses or organizations shall, unless they are expressed to be for a shorter or longer time, be for one year and unless they are sooner forfeited or revoked shall in each case, expire in each year on the date set out in schedule “A” of this By-law.
TRANSFER OF LICENCE
No licence shall be transferred except with the consent in writing of the Municipal Law Enforcement Officer.
No licence shall be transferred pursuant to section 14 of this By-law without first paying the transfer of ownership fee as set out in Schedule “A” to this By-law;
No person owning or operating licensed premises under this By-law shall move from one location to another within the Village of Casselman without first paying the application fee set out in Schedule “A” to this By-law and fulfilling the requirements for a licence application as set out in this By-Law.
RENEWAL OF LICENCE
The Municipal Law Enforcement Officer may renew an existing licence if the licensee:
a. produces his/her licence on or before the expiry date;
b. complies with all the required approval as provided for under this By-law;
c. pays the applicable licence fees set out in Schedule “A” of this By-law.
An application for renewal made thirty (30) days or more after the expiry date shall be treated as a new application and shall fulfill all the requirements as set out in Section 5 of this By-law.
INSPECTIONS
A Municipal Law Enforcement Officer may, at all reasonable time, inspect the building, place or premises that is used for a business or organization for which a person is licensed or is required to be licensed.
Every person who obtains a licence under this By-law shall produce the licence when requested to do so by a Municipal Law Enforcement Officer or a Police Officer.
ADMINISTRATION
Nothing in this By-law shall exempt any person from complying with the requirements of any other law in force within the area affected by this By-law. It is the responsibility of the licensee and the owner to ensure that the business or the organization complies with all the legislation and regulation pertaining to conduct the business.
The provisions of this By-law shall be administered and enforced by the Municipal Law Enforcement Office.
No person who is licensed or required to be licensed, shall hinder or obstruct the Municipal Law Enforcement Officer during inspections referred by this By-law of cause the inspections to be hindered or obstructed.
PENALTIES
Each day that a person operates a business or a non profit organization in contravention of the provisions of this By-law shall constitute a separate offence.
Any person who contravenes any of the provision of this By-law is guilty of an offence conviction shall forfeit and pay a penalty as provided for the Provincial Offences Act, 1990, R.S.O., Chapter P. 33 and amendments thereto.
When a person has been convicted of an offence under this By-law, any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by the person convicted directed towards the continuation or repetition of the offence.
The requirements of this By-law are severable. If any requirements of this By-law are held invalid, the application of such requirements to other circumstances and the remainder of this By-law shall not be affected.
BY-LAW IN FORCE
This By-law shall come into force and take effect on the 1St of January 2013.
DEFINITIONS:
In this by-law:
“Balcony” shall mean a platform at least 8 feet from grade and projecting from the wall of a multi family residential building.
“Cooking device” means a non combustible device designed for and used for the cooking of food and fueled by charcoal, natural gas, propane or wood.
"Corporation" shall mean The Corporation of the Village of Casselman. "Event" shall mean one specified event.
"Fire Chief” shall mean the Chief of the Fire Department of the Village of Casselman, or his or her authorized subordinates or assistants.
“Fire Department" shall mean the Fire Department for The Corporation of the Village of Casselman.
"Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement Officer appointed by the Council of The Corporation of the Village of Casselman.
“Open fire” shall mean the burning of material such as wood where the flame is not wholly contained and includes campfires, but does not include barbecues and outdoor fireplaces.
“Organization” shall mean an entity comprising multiple people, such as an institution, a community group or an association that has a collective goal as approved by the municipal Council.
"Owner" shall mean the registered owner of the land and include a lessee, a mortgagee in possession and the person in charge of the property.
“Permit Holder" shall mean the person or organization to whom a permit was issued.
"Special event" shall mean a sporting, cultural, community,
business or other type of unique activity occurring for a limited or fixed duration which financial proceeds will return to the local community
“Village” shall mean the Village of Casselman.
GENERAL REQUIREMENTS:
No person or organization shall, unless otherwise authorized by the provisions of this or any other by-law of the Corporation, set, or permit to be set, a fire in the open air without first obtaining a fire permit as provided in this by-law.
No person or organization shall set, or permit to be set, a fire in the open air for burning grass or garbage.
To obtain a permit the person or organization shall file an application in writing by completing a prescribed form as described in Schedule "B" of this by-law and include the fees as indicated in Schedule "A" of this by-law.
A fire permit shall only be issued to organizations or people who are organizing a special event in the Village of Casselman.
The permit may, at the discretion of the Fire Chief, designate any further terms or conditions deemed necessary.
Fire in outdoor fireplaces:
No person shall set a fire in an outdoor fireplace unless he or she ensures that all the following conditions are met:
The outdoor fireplace:
is approved for such use;
is not located on a balcony;
is not located on any combustible surface;
is in good working order; and
is located at least 3 metres from any structure and property lines;
Except for certified natural gas or propane fueled outdoor fireplaces, all openings in an outdoor fireplace shall be
completely covered by metal wire mesh with grid openings no larger than ½ inch;
The fire shall be confined to the outdoor fireplace;
Except for certified natural gas or propane fueled outdoor fireplaces, a person shall only burn clean dry wood or charcoal in an outdoor fireplace;
Flammable liquids shall never be used to start a fire in an outdoor fireplace;
A means of extinguishment such as a garden hose or fire extinguisher must be within close distance to an outdoor fireplace when in use and;
Burning in an outdoor fireplace shall not take place when winds are present or when weather conditions cause smoke to remain low. At no time must a person allow smoke to disturb the neighbours. If such a condition occurs or if the Fire Department receives a complaint, the person must immediately extinguish the fire.
A fire permit is not required to set fire in an outdoor fireplace.
An outdoor fireplace cannot be used when a fire ban has been declared by the Fire Chief.
No fire permit shall be issued for any period of time exceeding thirty (30) days or one event.
No permit shall be issued during a fire ban as designated by the Fire Chief.
Despite any other provisions of this by-law, if upon inspection of a fire, the Fire Chief considers that the fire is a danger to the health or safety of any person or property, the Fire Chief shall cancel or suspend the fire permit and order the fire extinguished.
No person shall burn petroleum products, plastics, rubber or any other material that will cause excessive smoke or noxious fumes.
The area of burning must be restricted in order to enable the permit holder to extinguish the fire immediately if necessary due to a change in weather or other conditions or if so ordered by the Fire Chief.
No person shall be deemed to have been issued a permit until the Fire Chief has issued the permit. An application for a permit does not constitute a permit.
No person shall give false or incorrect information for the purposes of obtaining a fire permit.
No open air fires are to be set at less than three (3) meters of any lot line or structure.
No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer or the Fire Chief in the lawful performance of their duties.
No permit holder shall:
Fail or refuse to produce the permit upon demand.
Burn any material other than those for which the permit was issued.
Fail to supervise the fire continuously from ignition until it is completely extinguished.
Refuse to extinguish the fire when ordered to do so by the Fire Chief.
Fail to comply with any conditions on the Fire Permit.
Fire in a cooking device
No person shall set or maintain a fire in a cooking device unless he or she ensures that the following conditions are met:
The cooking device:
is not located on a balcony;
is located at least 1 metre from any structure or as specified by the manufacturer if the required clearance is more than 1 metre;
is in good working order; and
is attended by a person competent to supervise it;
The fire in the cooking device is no larger than reasonably necessary to cook the food;
The fire is contained within the cooking device; and
The person burns only charcoal, compressed gas or wood in the cooking device, as is appropriate for that cooking device.
Notwithstanding section 2.18(a) (i), natural gas and electric cooking devices shall be permitted on balconies of residential occupancies.
When natural gas cooking devices are to be installed on balconies, the installation has to be inspected and approved by a TSSA registered heating contractor. A copy of the inspection report has to be provided to the Fire Chief before the cooking device can be operated.
Cooking devices shall under no circumstances be operated inside a building or enclosure.
ADMINISTRATION AND ENFORCEMENT:
The Municipal Law Enforcement Officer or the Fire Chief shall enforce the provisions of this By-law.
The Municipal Law Enforcement Officer is hereby authorized to:
2.2.1. Undertake any technical investigation or inspection for the purposes of administering this by-law.
The Municipal Law Enforcement Officer or Fire Chief may:
Demand the fire permit for inspection from any permit holder.
Inspect any premises for which a fire permit has been issued.
Enter at all reasonable times upon any property in order to ascertain whether the provisions of this by-law are obeyed and to enforce or carry on any provisions of by this by-law.
PENALTIES:
If any person or permit holder contravenes any provisions of this by-law, the Fire Department may enter upon any lands to extinguish the fire and the cost of extinguishing the fire, as identified in Schedule A, shall be at the expense of the owner.
When the Municipal Law Enforcement Officer or Fire Department causes the work to be done pursuant to Section 4.1, the Corporation shall have a lien for the amount of $1,000.00 and an administrative fee of ten (10%) percent and such total amounts together with the administrative fee shall be added to the collector's roll of taxes and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in a like manner and with the same remedies as real property taxes.
Before the certificate of the clerk of the Corporation is issued under subsection 4.2, an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well to all prior mortgagees or other encumbrances and the affected owner, mortgagees or other encumbrances shall have two (2) weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to the Council of the Corporation.
Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, RS.O. 1990, Chapter P.33 and amendments thereto.
When a person has been convicted of an offence under this by-law, the County Court of the County of Prescott-Russell, or any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation of repetition of the offence.
SEVERABILITY:
If a court of competent jurisdiction should declare any paragraph or part of a paragraph of this by-law to be invalid or ultra vires such a paragraph or part of a paragraph shall not be construed as having persuaded or influence Council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force.
This by-law is not to be construed at any time in such a fashion as to hold the Corporation or its officers liable for failing to ensure that persons comply with the provisions of this by-law.
REPEAL:
By-law number 2009-279 is hereby repealed.
DATE OF EFFECT:
This by-law shall come into full and effect on the date of passing thereof.
SHORT TITLE:
This by-law may be cited as the "Fire Prevention and Fire Safety By-law".
DEFINITIONS
In this By-Law:
a. “Council” means the Council of the Corporation of the Village of Casselman.
b. “Chief Building Official” means the agent or employee appointed by the Village of Casselman to enforce the provisions of the Building Code Act or any other by-law of the Municipality, and includes employees acting under his/her direction.
c. “Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act.
d. “Municipality” means the Corporation of the Village of Casselman.
e. “Person” means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being of the male or female gender;
f. “Sight Triangle” means a triangular space, 6 meters by 6 meters, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines as specified in this by-law.
g. “Temporary storage structure” means any manufactured structure kit fabricated of plastic and metal or treated fabric and metal or any structure that is erected for the purpose of providing a tarp type roof cover and, or including side wall panels over goods, materials, motor vehicles or leisure vehicles.
h. “Yard” Means a space, appurtenant to a building or structure, located on the same lot as the building or structures, open, uncovered and unoccupied from the ground to the sky except for accessory buildings, structures or uses specifically permitted by this by-law.
i. “Yard, Front” Means the space extending across the full width of the lot between the front lot line and the nearest part of any main building or structure on the lot.
j. “Yard, Rear” Means the space extending across the full width of the lot between the rear lot line and the nearest part of any main building or structure on the lot.
k. “Yard, Side” Means a yard extending from the front yard to the rear yard between the side lot line and the side wall of the main building or main structure.
l. “Yard, Side – Exterior” Means a yard extending from the front yard to the rear yard between the exterior side lot line and the side wall of the main building or main structure.
m. “Yard, Side – Interior” Means a yard extending from the front yard to the rear yard between the interior side lot line and the side wall of the main building or main structure.
GENERAL PROHIBITIONS
Temporary storage structures as defined under this By-law shall be permitted in a residential zone and the following provisions shall apply:
No person shall erect temporary storage structures closer than 1.5 meters to any front lot line, shall not be located closer than 1.2 meters to any interior side lot line and 2.0 meters to any exterior side lot line and shall not exceed 4 meters in height.
No person shall erect temporary storage structures within the sight triangle.
The owner or occupant of an occupied building or the owner of an unoccupied building or vacant land within the limits of the Municipality shall not erect temporary storage structures for permanent storage.
No person shall erect temporary storage structures prior to October 15th of any given year in the front yard, side yard or part thereof.
No person shall have temporary storage structures erected after April 30th of any given year in the front yard, side yard or part thereof.
No person shall erect or maintain temporary storage structures in a manner deemed unsafe or create hazard conditions.
No person shall keep temporary storage structures or any part of it in such condition as to be damaged or dilapidated or out of character with the neighboring properties.
No permit is required for temporary storage structures if they are located in the rear yard between October 15th and April 30th of any given year.
A permit is required for temporary storage structures if they are located in the rear yard between April 30th and October 15th of any given year.
EXEMPTIONS
Exemptions to this By-law may be considered on an individual basis; only if a building permit application has been filed, approved and a permit issued by the Chief Building Official for the Corporation of the Village of Casselman.
ENFORCEMENT AND PENALTIES
The provisions of this By-law shall be administered and enforced by the Municipal Law Enforcement Officer.
= Every person who contravenes any section of this By-law is guilty of an offence and upon conviction is liable to a fine as set out for in the Provincial Offence Act R.S.O. 1990, Chapter 33 as amended.
Where any requirement in accordance with this by-law is not carried out, the Municipal Law Enforcement Officer or persons designated by the Municipal Law Enforcement Officer for the Corporation of the Village of Casselman may, upon such notice as he deems suitable, remove the temporary storage structure or do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes. Where any matter or material is removed in accordance with Section 4.3, it may be immediately disposed of by the Municipal Law Enforcement Officer. The removal of structures by the municipality shall not relieve any person from liability for the penalty for breach of any of the provisions herein, or for further compliance with any of the provisions herein contained. In addition to the imposition of a fine or other remedy, as court of competent jurisdiction may, upon conviction on an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.
BY-LAW IN FORCE
This By-law shall come into force and take effect on the day it is duly adopted by the Council of the Corporation.
SHORT TITLE:
This by-law may be cited as the "Swimming Pool Enclosure By-law''.
DEFINITIONS:
ln This by-law:
"Municipality" shall mean The Corporation of The Village of Casselman.
"Permit" shall mean permission or authorization given in writing by the Chief Building Official to erect enclosures around swimming pools and spas as regulated in this by-law.
"Spa" means a hot tub of varied forms, provided with hydro-jets and holes by which escapes compressed air, the water of which is warmed and in continuous movement.
"Swimming Pool" shall mean an artificial privately-owned outdoor, above or in-ground pool of water for bathing, swimming, wading or reflecting and which may contain water to a depth exceeding twenty four (24) inches at any point and includes inflatable swimming pools. A swimming pool does not include:
a beach;
a natural swimming area or,
a water garden.
"Owner" shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the persan in charge of the property.
"Chief Building Official" shall mean the Chief Building Official appointed by the Council of The Corporation of The Village of Casselman.
"By-Law Enforcement Officer" shall mean an Officer or an employee of the Corporation of The Village of Casselman By-Law Department having the mandate to enforce this by-law and including the responsibility for pursuits towards the persans who contravene any provisions of this by-law.
"Corporation" shall mean the Corporation of the Village of Casselman.
GENERAL REQUIREMENTS:
Every owner of a privately-owned outdoor swimming pool or a spa shall ensure that an enclosure around such a pool or spa is constructed and maintained according to the provisions of this by-law.
No person shall place water in a swimming pool or in a spa in the Municipality unless the prescribed fences and gates or, for a maximum period of thirty days, a temporary fence as approved by the Chief Building Official, have been erected in accordance with the provisions of this by law.
No person shall allow water to remain in a swimming pool or in a spa in the Municipality unless the prescribed fences and gates or temporary fence has been erected in accordance with the provisions of this by-law.
Privately owned outdoor swimming pools that can contain twenty four (24) inches of water or less have to comply with the provisions of this by-law unless it is emptied of its water after each use.
PERMITS:
No person shall construct or install a privately-owned swimming pool or a spa, or have another individual build or install a privately-owned swimming pool or a spa, without first filling an application form in order to obtain a swimming pool enclosure permit from the Building Department of the Municipality.
APPLICATION FOR PERMIT:
To obtain a permit the owner shall file an application in writing by completing a prescribed form available in the office of the Chief Building Official.
Except as otherwise permitted by the Chief Building Official, every applicant shall:
identîfy and describe in detail the work to be covered by the permit
for which an application îs made.
describe the land on which the pool or spa îs to be located by a description that will readily identify and locale the building lot.
be accompanîed by one complete set of plans showing details of the enclosure and deck as well as their relationship to lot lines, buildings and fences.
be accompanied by the fee as prescrîbed in Section 6 hereof, and
state the names, addresses and telephone numbers of the owner, and the contractor performîng the work.
An application for a permît may be deemed to have been abandoned and canceled six (6) months after the date of filîng, unless such application îs beîng seriously proceeded with.
Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed work wîll comply wîth thîs by-law or any other applicable law or regulation.
FEES:
The fee for a swîmmîng pool enclosure permit shall be $40.00.
If the installation of a swîmmîng pool or a spa încludes a deck or other structure which requires the issuance of a building permit under the provisions of the Ontario Building Code, the fee for the swimming pool enclosure permit shall be $0.00.
CONDITIONS OF PERMIT ISSUANCE:
Exceptas provided for spas in subsection 7.11, every swimming pool and spa shall have an adequate enclosure erected around it in accordance with the provisions of subsection 7.2 to subsection 7.1O hereof inclusive.
Every enclosure for a swimming pool shall be of a close-boarded, chain link or other approved design with maximum openings of 4 inches including the space below the fence, to reasonably deter children from climbing it to gain access to the fence-in area.
ln the case of an in ground pool, the enclosure shall be at least 5 feet in height and in the case of an above ground pool or spa, if the walls of the pool or spa are less than 4 feet 4 inches high above the grade for a distance of at least 24 inches from the wall, the enclosure shall be at least 4 feet 4 inches in height or the walls of a pool can be extended with an approved manufactured fence for a total height of at least 4 feet 4 inches above the grade.
Gates in the enclosure shall:
Provide protection equivalent to the enclosure.
Be at least the same height as the enclosure.
Be equipped with a self-closing and latching device and Iock at the upper inside of the gate.
Be locked except when the enclosed area is actually being used and supervised.
Barbed wire or energized fencing shall not be used as an enclosure for a swimming pool or a spa.
Where a wall of a building is used as part of an enclosure, all doors located in the wall of the building shall be equipped with locking devices.
Equipment or materials cannot be located. stored or kept within (4) feet from the pool to prevent climbing.
Decks or platforms associated with pools shall comply with the requirements of the Ontario Building Code and the access to such decks or platforms must be adequately enclosed in accordance with subsections
7.2 to 7.6 hereof inclusive.
There shall be a minimum distance of four (4) feet between the enclosure and any part of an in ground swimming pool unless approved otherwise by the Chief Building Official.
O Swimming pools and spas shall be located on the property to meet the minimum setback requirements of the Municipality's Zoning By-Law.
No persan shall install a spa without it being completely surrounded with a fence, according to the requirements of a swimming pool enclosure or be provided with a lid having locks. The lid must be put back in place and locked as soon as the bathing is ended.
Ali electrical work involved in the installation of a swimming pool or a spa has to be done in accordance with the provisions of the Ontario Electrical Code. Ali electrical outlets located outside have to be GFCI protected.
NOTICES:
When an enclosure is not erected or maintained in accordance with the provision of this by-law, a notice shall be sent by registered mail or by hand to the owner of the land on which the swimming pool or the spa is located at his (her) last known address requiring him (her) to make the enclosure conform to the requirements of this by-law and the notice shall specify the time allowed for compliance.
Where a notice has been sent pursuant to Section 8.1, and the requirements of the notice have not been complied with, the By-Law Enforcement Officer may cause the work to be done or the water to be removed from the swimming pool or the spa and the cost of the work or
the removal of the water shall be at the expense of the owner.
When the By-Law Enforcement Officer causes the work to be done pursuant to subsection 8.2, the Corporation shall have a lien for any amount expended by or on behalf of the Corporation and for an administrative fee of ten (10%) percent of any amount expended by or on behalf of the Corporation, and the certificate of the Clerk of the Corporation as to the total amount expended shall be admissible in evidence as prima facie proof of the total amount expended and such total amount together with the administrative fee shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in like manner and with the same remedies as real property taxes.
Before the certificate of the Clerk of the Corporation is issued under subsection 8.3, an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well as to ail prior mortgagees or other encumbrancers and the affected owner, mortgagees or other encumbrancers shall have two (2) weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to the Council of the Corporation.
EXISTING POOLS:
The provisions of this By-Law shall also apply to swimming pools, spas and swimming pool enclosures which have been constructed or installed prior to the passing of this By-Law unless they were legally installed prior to the passing of this By-Law.
PENALTIES:
Every person who contravenes any of the provisions of this by-law is guilt
of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act. RS.O. 1990, chapter P,33 and amendments thereto.
When a person has been convicted of an offence under this by-law, any court of competent jurisdiction thereafter, may in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.
ENFORCEMENT
The Building Department of the Municipality is responsible for issuing swimming pool enclosure permits and for their inspection.
The By-Law Department of the Municipality is responsible for pursuits towards ail persons who contravene any provisions of this By-Law.
SEVERANCE:
The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.
ENACTMENT:
This by-law shall come into force on the date of its adoption and shall take effect on that date.
DEFINITIONS:
ln this by-law:
"Agricultural property" means a property that is zoned for agricultural use in the zoning by-law that applies to the property;
"Emergency" means a situation or an impending situation, often dangerous, caused by the forces of nature, an accident, an intentional act or otherwise, which arises suddenly and calls for prompt action;
"Emergency vehicles" includes a land ambulance, an air ambulance, police vehicle, a fire department vehicle, and a motor vehicle being used to respond to an emergency;
" Municipal Law Enforcement Officer" shall mean the municipal Law Enforcement Officer appointed by the council of the Corporation of the village of Casselman;
"Motor vehicle" includes an automobile, bus, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power, but does not include a motorized snow vehicle, traction engine, farm tractor, other farm vehicle or road building machine;
"Municipal service vehicle" means a vehicle operated by or on behalf of the Village or a local board of the Village while the vehicle is being use for the construction, repair or maintenance of a highway, including the clearing and removal of snow, the construction, repair or maintenance of a utility, the collection or transportation of waste, or other municipal
purpose;
"Noise" means sound that is unusual or excessive, or that is unwanted by or disturbing to persons;
" Person" includes a corporation as well as an individual;
"Premises" means a piece of land and any buildings and structures on il, and includes a place of business, road, and any other location or place;
"Residence" means a room, suite of rooms, or dwelling, including a mobile trailer, operated as a housekeeping unit that is used or intended to be used as a separate domicile by one or more persons, and that normally contains cooking, eating, living, sleeping and sanitary facilities;
"Road" includes a public highway, private road, Jane, pathway, and sidewalk;
"Utility" means a system that is used to provide a utility service to the public, including water, sewage, electricity, gas, communications networks and cable services;
"Utility service vehicle" means a vehicle operated by or on behalf of utility company , its subsidiary companies, and by any other company or agency that supplies or manages a utility within the village while the vehicle is being used for the construction, repair or maintenance of that utility;
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road- building machine and other vehicle propelled or driven other than by muscular power;
"Village" shall mean The Corporation of the Village of Casselman.
"Zone"
ln this by-law:
"Residential zone" means those areas of the municipality designated as such in the Official plan of the Village of Casselman Planning Area as amended from lime to lime.
"Quiet zone" means the lands in the municipality upon which a school building, an hospital building and a home for
the aged building stand erected and within one (100) metres there from;
"Zoning by-law" means a by-law passed under section 34 of the Planning Act that restricts the use land.
APPLICATION:
The general prohibitions on activities described in Schedule A shall apply to ail types of zoning designation within the Village at ail limes.
The prohibition on activities by lime and place described in Schedule B apply to the lands within the residential zone and quiet zone of the Village between the hours specified in Schedule B.
ADMINISTRATION:
The Municipal Law Enforcement Officer is responsible for the administration of this by-law.
The Municipal Law Enforcement Officer and the Chief of Police are responsible for enforcing the provisions of this by-law.
Any person may submit an application to the Municipal Council requesting an exemption from any of the prohibitions described in Schedule A and B.
If council approves the application, the exemption will be in effect for the dates specified, and Council may impose any conditions that it considers appropriate.
An exemption shall be invalid if these conditions are contravened.
REGULATIONS:
No person shall, at any lime, make, cause or permit the making of noise within the Village that is the result of any of the activities described in Schedule A and that is audible to:
a person on a premises or in a vehicle other than the premises or vehicle from which the noise is originating;
a person in a residence or building other than the residence or building from which the noise is originating.
No person shall, during the hours specified in Schedule B, make, cause, or permit the making of noise within the residential areas and quiet areas that is the result of any of the activities described in Schedule B and that is audible to:
a person on or in a premises or a vehicle other than the premises or vehicle from which the noise is originating: or
a person in a residence other than the residence from which the noise is originating.
EXEMPTIONS:
The prohibitions described in Schedules A and B do not apply if the noise is the result of measures undertaken in an emergency for the:
immediate health, safety or welfare of the inhabitants; or preservation or restoration of property;
Unless the noise is clearly of a longer duration or of a more disturbing nature than is reasonably necessary to deal with the emergency.
The prohibitions described in Schedule A and B do not apply if the noise is the result of any of the activities described in schedule C.
The prohibitions described in Schedule A and B do not apply if the noise is the result of any or the activity that has been granted by an exemption under section 3.4.
Section 10 of schedule "A" shall not apply to private or public auctioneer when holding an auction authorized by the municipality.
SCHEDULES:
The following schedules are attached to and form part of this by-law:
Schedule A - General Noise Prohibitions.
Schedule B - Noise Prohibitions by Time and Place.
Schedule C - Exemption from Noise Prohibitions.
OFFENCE AND PENALTY PROVISIONS:
Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act. and to any other applicable penalties.
If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.
VALIDITY:
If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that each and every provision of this by-law authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.
COMMENCEMENT:
This by-law comes into effect immediately after it receives third reading and is passed.
1. Policy Statement
1.1 Statement
This Policy is intended to:
a. Express the Municipality’s principles and objectives in relation to its procurement program;
b. Authorize the CAO or the Treasurer to implement detailed procurement procedures and protocols that are consistent with the intent of this Procurement Policy and, to supplement and amend those procedures and protocols as and when deemed necessary, to meet the present and future needs of the Municipality; and
c. Comply with the requirements of Section 270 of the Municipal Act, S.O., 2001, as amended from time to time.
1.2 Principles
Procurement is the process by which the Municipality acquires Goods and Services. Effective procurement is a critical support function for local governments as they responsibly manage public funds. The objective of this Procurement Policy is to ensure that the Municipality conducts Procurement Processes that conform to the following principles:
2. Policy Definitions
“Award” means authorization to proceed with the purchase of goods and services from a chosen supplier
“Bid(s)” means a proposal from a prospective Supplier in response to a Request for Quotations, Request for Tenders, or other Bid Request for the purchase of goods or Services issued by the Municipality, which is subject to acceptance or rejection. All Bids must be submitted on the Bidding System used by the Municipality.
“Bid Request” means all documents which solicit a response with respect to Supplies or Services, including, but not limited to, a Request for Information, Request for Proposals, Request for Quotations, or Request for Tenders.
“Bidder” means any proponent, respondent, or other person or entity who has obtained official Procurement documents for the purpose of submitting or who has submitted a Bid in response to a Bid Request.
“Bidding System” means the electronic Bidding System used by the Municipality to manage the electronic Bid process for a Bid Request from an invitation to electronically receive Bids. This includes, but is not limited to, providing for Supplier Account registration by commodity(ies) code, Bid advertising and electronic notification of Bid opportunities based upon Supplier-selected commodity(ies), Bidder registration as Registered Supplier, electronic distribution of Bid documents, and any applicable addenda to Registered Suppliers, permitting Bidders to submit a question to the Procurement Representative, submission and withdrawal and/or editing of Bids through the Bidding System no later than the closing time and date, automatic notification of unofficial results after the closing of Bids, Award notification, and Contract management by the Municipality. The Municipality Bidding System website is https://casselman.bidsandtenders.ca.
“Bid Solicitation” is an invitation for bids from the Municipality for the purpose of entering into a contract.
“Chief Administrative Officer or CAO” is the person appointed to that position as approved by Council and includes his or her Designate.
“Competitive” is a procurement process where more than one bidder is provided the opportunity to submit a bid.
“Compliant Bid or Compliant Bidder/Proponent” means a responsive and responsible Bid or Bidder/Proponent that submits a Bid, respectively, that meets all requirements stipulated in the Call for Bid and that possesses the capacity and ability, including financial and technical abilities, to perform as contractually required.
“Competitive Procurement Procedures” refer to the procedures outlined in Schedule B.
“Conflict of Interest” is a situation in which, due to financial or other personal considerations, there is a risk that professional judgment, objectivity or actions have the potential to compromise or unduly influence a procurement outcome, whether real or perceived.
“Consulting Services” are services of an advisory nature required to support policy development, decision-making, administration, or management of a business or public entity; generally provided by individuals or organizations who possess specific knowledge, technical skills or unique abilities not usually available in-house or from within the Municipality.
“Contract” means a binding agreement between two or more parties that creates an obligation to provide or sell goods or perform Services, which may be evidenced by an agreement executed by the Municipality and a Supplier in accordance with this Policy.
“Contractor” means a person or entity having a Contract with the Municipality for the delivery of goods or Services.
“Council” means the Council of the Corporation of the Municipality of Casselman
“Council approval” refers to a specific resolution or by-law passed by the council.
“Department” is one of the Municipality’s business units, departments or divisions;
“Department Head” means the person responsible for the management and operational control of a Department within the Municipality.
“Designate” means an employee designated by a Department Head and approved by the Chief Administrative Officer to exercise any or all responsibilities with respect to this Policy.
“Director of operations” is the person appointed to that position as approved by Council and includes his or her Designate.
“Emergency Purchase” is an Acquisition that does not follow the regular procurement process because of a circumstance described in Section 15 of this Policy.
“Formal Quote” is a written and documented submission by the Bidder for purchases.
“Invoice” means a document showing the details and the cost of goods purchased and/or Services received from a Supplier. An Invoice shall clearly identify the Supplier, be addressed to the Municipality, and show the sales tax charged on goods and Services as well as the sales tax number.
“Lease” is an agreement by which one party (lessee) leases from a second party (lessor) equipment or space for a specified period of time at a predetermined cost.
“Municipality” means The Corporation of the Municipality of Casselman;
“Procurement” means the acquisition by any means, including by purchase, rental, lease of goods, Services, or Construction;
“Procurement Process” means a streamlined purchasing practice that ensures competitive value and quality for Goods and Services;
“Purchase Order” means the Municipality written document to a Contractor formalizing all the terms and conditions of a proposed transaction, such as a description of the requested items, delivery schedule, terms of payment, and transportation. The Purchase Order issued by the Department to a Contractor serves as a written acceptance of an offer received in accordance with this Policy.
“Quotation” means a response to a Request for Quotations for prices on specific goods and/or Services from selected Suppliers, submitted in writing as specified in the Request for Quotations.
“Registered Supplier” means a Bidder that has registered on the Bidding System for a Bid Request.
“Request for Information” (RFI) means a process where information is requested from Suppliers regarding the feasibility and availability of specific goods and/or Services in the marketplace and to determine if there are enough Suppliers to justify a Request for Proposals. The responses to a RFI can be used to pre-qualify Suppliers for an upcoming Request for Proposals.
“Request for Proposals” (RFP) means a formal request for details on the supply of goods or the provision of Services, which cannot be fully defined or specified at the time of the request.
“Request for Quotations” means a document that describes the Supplies or Services required and which requires proposals in the form of a written Quotation.
“Request for Tenders” (RFT) means a formal, publicly advertised request for Bids for the supply of goods and/or Services.
“Request for Standing Offers (RFSO)” is a request for standing offers where unit pricing for known goods or defined services of defined skills sets is the primary evaluation factor or other evaluation criteria such as experience of personnel / bidder, availability, or quality, among other things are considered. The successful proponents of the RFSO are made potential vendors for goods or services that are later set within a defined scope of work.
“Scope of Work” is the work that has been described in a bid solicitation that must be done to deliver the goods and/or services with the specified features and functions within the time, quality and price specified.
“Services” is any professional or general service work performed which does not result in the delivery of goods or supplies, e.g. repairs, training, surveys, consulting, etc.
“Single Source” means there is more than one (1) source in the open market, but for operational reasons, only one (1) Supplier is recommended for providing the particular product or Service. This indicates a non-competitive purchase.
“Solicitation Document” is the document used to solicit Bids from Bidders, including
a Request for Tender (RFT)/Invitation to Tender (ITT); a Request for Proposal (RFP); or
a Request of Quotations (RFQ);
“Standing Offer” means a contractual commitment for a defined term, usually in the form of an annual purchase award, between the Municipality and a selected supplier for the supply of particular Goods and Services, as requested through an ordering process,
at a predetermined price or discount;
“Successful Bidder” is the Bidder selected by the Municipality to provide goods and/or Services in response to a Bid Request.
“Supplier” means any person or company supplying or that may supply goods or Services to the Municipality.
“Supplies” means goods, items, merchandise, material, and equipment.
“Treasurer” is the person appointed to that position as approved by Council and includes his or her Designate.
“Trade Agreements” means the Canadian Free Trade Agreement (CFTA), the Canadian and European Union Comprehensive Economic and Trade Agreement (CETA), and the Trade and Cooperation Agreement Between Ontario and Quebec (OQTCA), as applicable.
3. Application of By-Law
This Procurement By-law shall apply to the procurement of goods and/or services for the purposes of all Municipal Departments. No expenditure, procurement, or commitment shall be incurred or made, and no account shall be paid by the Municipality for goods and/or services except as provided in this Procurement By-law or otherwise directly approved by Council.
The methods of purchasing outlined in this policy shall not apply to the purchase of any goods and services outlined in Schedule "A".
4. Roles and Responsibilities
In accordance with best practices in municipal procurement, Council recognizes the need for a clear separation of political and administrative functions in relation to the Municipality’s procurement operations.
The roles and responsibilities of Municipal officers and employees are as follows:
4.1. Department Head
4.2. Treasurer
4.3. Chief Administrative Officer
4.4. Finance Department
4.5. Council
4.6. Roles and Responsibilities of Committees of Council
5. Procurement Methods
A Standard Procurement involves acquiring Goods and Services following the processes outlined in this Section. All Standard Procurement Processes must adhere to and be reported in accordance with this Policy and all relevant procedures and protocols. These represent the minimum requirements; a Department Head has the flexibility to opt for procedures necessitated by higher amounts. The amount specified in the policy does not include GST/HST.
5.1. Purchases up to $10,000 – Direct Purchases
To allow for procurement of lower value goods and services in an efficient and timely manner without seeking competitive pricing. The Department Director and/or designate shall have authority to make purchases where the required goods or service can be specified and are of a low value as stated above and may be acquired by direct purchase without formally seeking comparative bids, although informal comparative pricing is encouraged.
All disbursements shall be evidenced by invoices approved by the Department Director or designate.
5.2. Purchases over $10,000 up to $75,000 – Request for Quotations
For the purchase of Goods and Services with a procurement value of over $10,000 but not greater than $75,000, the Department Head must obtain at least three (3) documented Formal Quotes from qualified suppliers. Quotations may be solicited by fax or email. Verbal quotes are not accepted. If three quotes cannot be obtained, the reasons will be documented. If the purchase qualifies for Single Source purchases, only one quote is required.
Reasons for accepting other than the lowest bid, and/or not following the formal bid process must be documented.
Prior to awarding the contract, each Department must complete the official Purchase Order form and obtain the appropriate delegated authority approval. For purchases totaling up to $25,000, approval from the treasurer or Director of operations is required. If the amount exceeds $25,000, approval from the Chief Administrative Officer is also necessary. Each department will send the purchase order, along with the corresponding invoice for payment, to the Finance Department.
5.3. Purchases over $75,000 - Competitive Procurement Procedures
Goods and services exceeding $75,000 will be obtained in accordance with the Municipality’s Competitive Procurement Procedures (Schedule "B"). Council Approval is required for awarding the contract to the successful bidder.
6. Delegated Authorities
| Department | Position | Up to 75k | Up to 25K | Up to 10K |
| Corporate | Chief Administrative Officer | X | ||
| Finance | Treasurer | X | ||
| Corporate | Director of operations | X | ||
| Public Works | Director | X | ||
| Clerk | Municipal Clerk | X | ||
| Fire | Fire Chief | X | ||
| Fire | Deputy Fire Chief | X | ||
Parks and Recreation | Director | X | ||
| Planning | Director | X | ||
| Building | Chief building officer | X |
The value of procurement approved above is the value up to and include the stated value limit. For example: the Chief Administrative Officer may approve a project that has a value of $75,000.00.
Guidelines to Delegation of Authority Matrix
7. Cooperative Purchasing
The Department Heads are hereby authorized to participate in co-operative purchasing arrangements with other municipalities, counties/regions, associations, local boards and public agencies within the Province. The procurement policies or procurement by-law of the host agency will apply upon the Department Heads satisfying themselves that the host agency will be proceeding to the open market to obtain competitive pricing. Award approvals of all Co-operative Purchasing contracts shall be in accordance with the Purchasing Procedures.
8. Contract Splitting
Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this Procurement Policy is not permissible.
9. Establishment of Standing Offers
Department Head may consider establishing a Standing Offer for Goods and Services that are required on a regular or repetitive basis by one or more Departments. If a Department Head anticipates making multiple purchases of the same Goods and Services and the total value of those purchases may exceed $25,000, the Department Head must consider the possibility of establishing a Standing Offer.
Standing Offers are established through a Competitive Process managed by the Department Head and conducted in accordance with the Municipality’s Competitive Procurement Process.
In the case of established Standing Offers, the municipality may utilize them instead of initiating a new procurement process, provided that the appropriate delegated authorities have approved their use.
10. Multi-year contracts
In the case of multi-year Contracts, the estimated expenditure value will be the estimated annual expenditure under the Contract that will govern which procurement process applies.
11. Negotiation
Negotiation may only be used under the following circumstances:
It is the responsibility of Purchasing to ensure that all competitive bidding options have been considered prior to the negotiation method being utilized.
12. Conflict of Interest
It is the responsibility of all staff, Council or Board members involved in bid solicitation or evaluation to disclose any inherent or potential Conflict of Interest to the treasurer or the C.A.O. Any staff, Council or Board member disclosing a Conflict of Interest shall remove himself from the associated procurement process.
Elected officials within the Municipality must not have any direct or indirect involvement in any Procurement Process or decision outside of the required approvals set out in this Procurement Policy.
13. No Local Preference
In accordance with the Discriminatory Business Practices Act, as amended, there shall be no local preference given to any Bidder when awarding a Bid for purchase of Goods and Services for the Municipality.
14. Single Source Purchases
Purchase of goods or services and direct appointment of a consulting professional by negotiation with a single vendor or consultant may be permitted, if it is deemed in the best interest of the Municipality, and in the judgment of the Department Head any of the following conditions apply:
i. Components or replacement parts for which there is no substitute;
ii. Compatibility with an existing product, facility or service is required;
iii. Specific standards are adopted by Council.
After the process has closed, it may be necessary for discussion to occur to clarify and/or make revisions to the initially defined requirements of the call for quotations/ proposals. The Department Heads will require the written approval of the CAO or Treasurer or Director of operations before proceeding.
15. Trade Agreements
Procurement by the Municipality may be subject to the provisions of trade agreements. Where an applicable trade agreement conflicts with this Policy, the trade agreement shall take precedence.
As per Trades Agreement, it’s prohibited to provide information to one supplier to give that supplier an advantage over other suppliers (CFTA, CETA, OQTCA).
Also, for procurements with a Dollar Value of $100,000 or more, the following are strictly prohibited, unless otherwise approved by the CAO (CFTA):
Finaly, for procurements with a Dollar Value of $365,000 or more, the following are strictly prohibited, unless otherwise approved by the CAO (CETA):
16. Tie Bids
In the case of tie bids between two responsive and responsible bidders and, where multiple awards are not an alternative for award, the Municipality shall determine the successful bidder by coin toss. The Chief Administrative Officer or the treasurer and at least two members of the municipality must be present.
In the case of tied bids between three or more responsive and responsible bidders and where multiple awards are not an alternative for award, the Municipality shall determine the successful bidder by a draw of the bidder names from a hat. The Chief Administrative Officer or the treasurer and at least two members of the municipality must be present.
17. Emergency Purchases
Emergency purchases are allowed when:
1) an urgent procurement is necessary for fulfilling a statutory order issued by a federal, provincial, municipal, or other authority, such as an environmental, public health, or workplace safety compliance order; or
2) goods and services are required to address an emergency where the purchase is essential to prevent loss of life, potential loss in business, damage to property, or for the continuation of a program or service that is essential to the well being of the Municipality.
Goods and services shall be acquired by the most open market procedure and the lowest overall cost possible. Goods and services over $100,000 shall be approved by the mayor.
For emergency goods and services with a purchase cost of $25,000 to $100,000 approval is required by the Chief Administrative Officer. The Chief Administrative Officer will report emergency purchases to the Council at the next meeting.
18. Authority to Reallocate Approved Budget Funds
To ensure proper expenditure management and budget accountability, each Department Head is responsible for ensuring that all purchases remain within the Department’s approved operating budget or approved capital project budget, unless otherwise provided for in this policy.
Reallocation of funds of the Capital Budgets is not permitted under any circumstances.
In order to allow purchases to proceed which exceed the approved budget, a Department Head shall have the authority to reallocate funds, without exceeding the aggregate budget within their control, under the following conditions:
19. Records, Confidentiality and Access to Information
19.1 Records Retention
The Department Head shall maintain proper documentation for all stages of the Procurement Project in accordance with the Municipality’s Records Management Program Policy.
Department Heads are responsible for ensuring that all documentation relating to the Procurement Project is properly filed in the Procurement Project file, regardless of the Procurement Project value. The following shall be kept in each Procurement Project file:
19.2 Confidentiality
Bidder and supplier information submitted to the Municipality shall be kept confidential by all Municipal staff. Department Heads shall ensure that all Bids and contracts are kept in a secure location.
19.3 Access to Information
Procurement records shall be retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any requests from the public for information shall be directed to the Municipal Clerk.
20. Accessibility
In accordance with the Human Rights Code, Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005 and its regulations, and specifically the Integrated Accessibility Standards, Ontario Regulation 191/11, Part 1, sections 5 and 6, accessibility requirements will be incorporated into the specifications with respect to the Procurement of goods and/ or services. Where possible, when an RFP competition is conducted, accessibility will be one of the evaluation criteria that will be considered in the decision making process.
21. Purchasing Card \ Credit card
All purchases made with the purchasing card must comply with Policy F5.
22. Review of Procurement Policy and Procedures
The Treasurer undertake a comprehensive review of this Policy every (5) years and report to Council through the CAO accordingly. The review of purchasing processes shall be conducted on an ongoing basis.
Schedule "A" Goods and Services Exempt From Procurement Policy
1.0 This Policy does not apply to the acquisition of the following Goods and
Services:
(b) Work to be performed on property under the provisions of a lease, warranty or guarantee held in respect of the property or the original work;
(c) Goods and Services purchased from:
• government entities or public bodies;
• persons with disabilities; or
• philanthropic institutions;
(d) Staff development or staff workshops
(e) Services that may only be provided by the following licensed professionals:
• medical doctors;
• lawyers; or
• notaries;
(f) The following specialized Goods and Services:
• financial, banking and underwriting services;
• Investment as delineated in the Investment Policy (F3)
• expert witnesses;
• arbitrators;
• external auditors;
• utility relocates by a public utility;
• railway crossings;
• postage;
• Workplace investigation
• original artwork; or
• goods intended for resale to the public;
• Expenses that will be refunded by a third party;
(G) Subsidies allocated to either the "Casselman Public Library Board" or the "Corporation de la revitalisation du centre-ville de Casselman".
2.0 This Policy does not apply to payment of the Municipality’s general expenses, such as:
Schedule "B" Competitive Procurement Procedures
The competitive procurement procedures require a formal bid process (ex. Public Tender, Request for Proposal, Prequalification, etc.) unless the council direct otherwise.
Solicitation Document
The Solicitation Document and specifications shall be prepared by the Department Head or his/her designate using standard documentation. All Solicitation Document packages must be approved by the Department Head prior to release to the public.
1.1 All Solicitation Documents will clearly define any pre-qualification system and any evaluation or scoring system to be used.
1.2 Solicitation Documents prepared by outside sources, i.e. Consultants must be reviewed by the Department Head for compliance with the Municipality’s Policies and Procedures before release to the public.
Health and Safety
Prior to calling a Bid, all health and safety considerations shall be addressed.
Contractors providing Goods and Services to the Municipality must comply with and be held accountable for meeting the requirements of the Occupational Health and Safety Act.
The Municipality’s Health & Safety Policy requirements, as provided by the Municipality’s Health & Safety Committees, may be included as part of each Solicitation Document package.
Provincial Requirements:
The successful proponent will be required to show proof of registration with the WSIB and compliance with the Provincial Retail Sales Tax requirements before the final awarding of the contract takes place.
Proof of Certification and Insurance:
The successful proponent must provide the Municipality with a certificate of insurance showing a liability coverage equivalent to the amount of insurance requested in any Tender, RFP or RFQ of at least two million dollars or an amount as stipulated by the Municipality. The Municipality reserves the right to collect any other proof of licensing or certification as deemed necessary.
Calling of Bids
The calling of bids shall be the responsibility of the Department Head. The department head can do a calling without the authorization of the council, but the document needs to mention that the municipality can reject all proposals.
Bids shall be advertised on the Municipal website’s Bids and Tenders page and may be advertised in local papers and/or major trade publications. This may be varied at the discretion of the responsible Department Head.
Advertisements for Bids that appear in the local paper will refer the reader to the Municipal website’s Bids and Tenders page and will appear with sufficient time between advertising and closing to permit the respondents to obtain the Solicitation Documents, examine the site if applicable, complete and submit the response. It is recommended that at least two weeks be permitted for a Tender or Proposal submission after the advertisement has been published. All Solicitation Documents will be added to the website under the Bids and Tenders page.
When it becomes necessary to revise, delete, substitute or add to the Solicitation Document for an open Bid, the Department Head shall approve the issuance of an addendum.
A copy of each addendum shall be forwarded by email, by the Department Head or his/her designate, to all persons who registered for Solicitation Documents under the Bid, and a copy shall be attached to all undistributed Solicitation Documents. Additionally, addendum will be added to the Municipal website’s Bids and Tenders page.
Withdrawal of Response to Solicitation Document:
A Bidder who has submitted a response to a Solicitation Document may request that the Bid be withdrawn. Adjustments or corrections to a Bid already submitted will not be allowed. The withdrawal will be allowed if the request is made by e-mail directly to the Department Head or his/her designate before the closing time.
The withdrawal of a Bid does not disqualify a Bidder from submitting another response on the same contract.
Withdrawal requests received after the Bid closing time will not be allowed.
Bid Award:
For bids valued over $75,000, Council shall review the recommendation of the Department Head or his/her designate, and the council shall give its approval.
Awards may be made to the lowest cost Bidder who has complied with the terms and conditions of the Solicitation Document, all other factors being equal. However, in addition to price, consideration of factors as set out below may result in the acceptance of a Bid other that the lowest cost Bid. Within 3 business of the contract award, the responsible department head shall post the award on the Municipal Bid and Tender page.
Contract Execution
Successful bidder(s)/proponent(s) who are required to execute a contract agreement with the Municipality shall provide the following items for performance of a contract:
1. Contract security;
2. Proof of insurance;
3. Certificate of Workplace Safety and Insurance Board (WSIB) compliance;
4. Policy and Procedures related to Health & Safety;
5. Signed Third Party Declaration of and supporting documentation that the supplier received AODA training;
6. Project schedule;
7. Accrediting credentials; and
8. Any other relevant documentation as may be warranted and requested at the discretion of Council, the CAO or the Department Director.
The Department Director shall select the appropriate means to guarantee execution and performance of the contract. Means may include one or more of, but are not limited to, financial bonds or other forms of security deposits, provisions for liquidated damages, progress payments, and holdbacks.
Contract Management
Once the contract has been signed, it is essential that it be properly managed. Department Heads are responsible for all aspects of contract management using the following principles:
Scope Management
The scope of each contract must be appropriately managed to ensure that all deliverables are properly received, payments are appropriately made, all timelines are met, and any extension options are appropriately exercised.
Payments to Suppliers
Department Heads are responsible for ensuring that all payments are made in accordance with the contract, and reviewing and approving supplier invoices.
Scope Changes and Contract Amendments
Scope changes and contract amendments may become necessary due to unforeseen events. These scope changes are to be managed prudently to ensure that overages are tracked, and proper approvals occur for the project duration:
Contract Disputes
All potential contract disputes with suppliers must be managed in accordance with the dispute resolution mechanisms outlined in the contract. Where a contract is silent on dispute resolution, Department Heads shall ensure that potential disputes are proactively managed and appropriately escalated. Written copies of all communications and correspondence with suppliers concerning a contract dispute must be maintained by the Department.
Performance Tracking
Department Heads must also ensure that the performance of all suppliers is appropriately monitored including maintaining records of any performance issues, corresponding with or providing notifications to suppliers, and ensuring that performance problems are addressed quickly and effectively. A written record shall be kept by the Department Head of all matters connected with performance tracking – which is essential to proper contract management.
Termination
A contract can only be terminated prior to its expiry date in accordance with the termination provisions of the contract, and with the approval of the CAO.
Supplier Barring
Suppliers may be barred from future contracts with the Municipality through legal consultation. The list of barred suppliers will be maintained by The Treasurer.
Schedule “C” – Procurement Methods
Procurement Method / Signing Authority and Method
| Dollar Value | Method | Approval |
| $ 0 – $ 10,000 | Direct Purchases | Department Heads |
| $ 10,001 -$ 25,000 | Request for Quotations | Department Heads and Treasurer |
| $ 25,001 to $ 75,000 | Request for Quotations | Department Heads and Treasurer and CAO |
| Over $ 75,001 | Competitive Procurement Procedures | Council |