Board of Directors Meeting Thursday, March 28, 2019 6:30 pm at the RVCA Office (Manotick) AGENDA Meeting 2/19 Page 1.0 Agenda Review 2.0 Adoption of Agenda 3.0 Declaration of Interest 4.0 Approval of Minutes from February 28, 2019 5.0 Business Arising from Minutes 6.0 Recognition of Service: Past Chair and Board Members 7.0 2018 Audited Financial Statements Presentation by Howard Allan, Allan and Partners LLP Staff Report Attached (Sarah Wayne)... 1 8.0 2018 Annual Report Presentation by Staff Staff Report Attached (Diane Downey)...48 9.0 Annual General Meeting (Staff Reports Attached) a) Appointments to Executive Committee...50 b) Appointments to Audit Committee...54 c) Appointments to Conservation Ontario...58 d) Appointment of Auditors...61 e) Appointment of Legal Advisors...63 f) Appointment of Land Appraisers...65 g) Borrowing Resolution...67
10.0 Supporting Provincial Efforts to Reduce Regulatory Burden Staff Report Attached (Sommer Casgrain-Robertson)... 69 11.0 Flood Forecasting and Warning Program Status of 2019 Conditions Presentation by Brian Stratton 12.0 Meetings a) Visit from Rod Phillips, Minister of Environment, Conservation and Parks and Merrilee Fullerton, Minister of Training, Colleges and Universities: March 14, 2019 (Manotick) b) Meeting with Auditors: March 18, 2019 (Perth) c) Foundation Board Meeting: March 21, 2019 (Manotick) d) Presentation to Lanark County Economic Development Committee: March 27, 2019 (Perth) Upcoming: e) Conservation Ontario Council Meeting and AGM: April 1, 2019 (Toronto) f) Presentation to Perth Committee of the Whole: April 2, 2019 (Perth) g) Upper Watershed Information Day for Municipalities and Contractors: April 3, 2019 (Perth) h) Mississippi-Rideau Source Protection Committee Meeting: April 4, 2019 (Carleton Place) i) Presentation to Montague Council: April 16, 2019 (Montague) j) RVCA Board of Directors Meeting: April 25, 2019 (Manotick) 13.0 Member Inquiries 14.0 New Business 14.0 Adjournment
7.0 2018 Audited Financial Statements and Report of the Auditor Report #: 1-190328 To: RVCA Board of Directors From: Sarah Wayne Manager of Finance and Human Resources Date: March 21, 2019 For Information For Direction X For Adoption X Attachments 4 Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority approve the attached Draft 2018 Audited Financial Statements and receive the Report of the Auditor. Purpose To review and approve the audited financial statements for the year 2018. Background The firm of Allan & Partners LLP completed an audit of the RVCA in February 2019 and met with the Chair and Vice-Chair on March 18, 2019 to review the attached draft Financial Statements. Howard Allan of Allan & Partners will attend our March Board meeting to present the draft Financial Statements and answer questions. Analysis At the February 28, 2019 Board meeting, staff presented a detailed internal statement of operations which reported the same operating results as this set of Financial Statements. Operations for 2018 yielded a surplus of $1,061,378. The surplus was the result of two factors: increased program revenues in many areas, particularly Planning Advisory and Regulatory Services and a reduction in non-staff costs in all areas. After accounting for non-cash items, the result of the surplus was an increase in cash and investments of $764,208. Staff proposed net transfers to reserves of $932,105, leaving a nominal increase of $612 in unrestricted surplus. The proposed reserve transfers were approved by the Board of Directors on February 28, 2019 and are reflected in the attached draft Financial Statements. A copy of the 2018 Reserves Schedule, with no changes, is attached for reference. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 1 of 75
Input From Other Sources The Financial Statements were audited by Allan & Partners LLP and will be circulated to all municipalities in the watershed, the Ministry of Natural Resources and Forestry and will be made available to the public. Financial Considerations Ending the year with a surplus provided the RVCA with a unique opportunity to increase both their capital and program reserves which had been recommended by the Auditor in previous years. This year s reserve contributions made progress towards this long-term financial priority. Legal Considerations The appointment of auditors is in accordance with the Conservation Authorities Act and Section 11 of RVCA s Administrative By-law. Specifically, Section 38 of the Act states: 38 (1) Every authority shall cause its accounts and transactions to be audited annually by a person licensed under the Public Accounting Act, 2004. R.S.O, 1990, c. C.27, s. 38 (1): 2004, c. 8, s. 46. (3) An authority shall, upon receipt of the auditor s report of the examination of its accounts and transactions, forthwith forward a copy of the report to each participating municipality and to the Minister. R.S.O. 1990, c. C.27, s. 38 (3). Specifically, Section 11 of RVCA s Administrative By-law states: 11 The General Membership shall receive and approve the Audited Financial Statements and Report of the Auditor by March 31 of each year for the previous year. The Authority shall forward copies of the Audited Financial Statements and Report of the Auditor to Participating Municipalities and the Minister in accordance with Section 38 of the Act and will make the Audited Financial Statements available to the public Adherence to RVCA Policy Approval of the audited Financial Statements is in accordance with RVCA s Administrative By-law. Attachments: Draft Audited Financial Statements (December 31, 2018) Management Letter Audit Findings Report Independence Letter Representation Letter 2018 Reserve Schedule (approved by the Board of Directors on February 28, 2019) March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 2 of 75
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RVCA Reserves Continuity Schedule with APPROVED on Feb 28 2019 2018 Transfers Balance 2018 Changes Balance Code Description YE 2017 Decrease Increase YE 2018 Capital Reserves Vehicles 117,265 68,803 81,386 129,848 Workshop Equipment 83,737 23,535 107,272 Environmental Science Equipment 40,000 40,000 Water Control Stuctures 49,793 10,000 59,793 Conservation Areas Infrastructure 102,500 75,000 177,500 Trimble Equipment 20,610 3,488 24,098 Topographical Data 10,000 15,000 25,000 Flood Event Aerial Imaging 20,000 10,000 30,000 Drape Imagery Acquisition 10,000 3,500 13,500 Information Management System 66,100 66,100 Mike 11 26,000 8,000 34,000 Subtotal 506,005 68,803 269,909 707,111 Building Life Cycle Reserve 658,895 70,000 728,895 Program Reserves Part 8 Program 89,786 134,707 224,493 Watershed Science & Engineering 17,500 50,000 67,500 Stewardship 45,342 77,213 122,555 LRC Production Centre 90,800 10,000 100,800 ORWC 96,383 11,080 107,463 Conservation Lands 91,443 91,443 Corporate Communications 62,491 28,000 90,491 Part IV 523 523 Planning & Regulations 183,017 150,000 333,017 Subtotal 677,285-461,000 1,138,285 Working Fund Reserve Working Fund Reserve 355,000 200,000 555,000 Highlighted cells indicate required transfers. Total Reserves 2,197,185 68,803 1,000,909 3,129,291 March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 47 of 75
8.0 2018 Annual Report Report #: 2-190328 To: RVCA Board of Directors From: Diane Downey Director of Communications Date: March 21, 2019 For Information For Direction X For Adoption X Attachment TBD pages Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority receive the RVCA s 2018 Annual Report. Purpose To finalize RVCA s Annual Report for the year 2018. Background Each year, the RVCA produces an Annual Report to highlight key accomplishments and activity levels across all program areas for the prior year. The report also summarizes revenues and expenditures based on the audited financial statements. Accompanying the Annual Report are 18 individualized Municipal Information Sheets that summarize accomplishments and value by municipality. Once the Board of Directors has received the Annual Report, members will be asked to deliver copies to their municipalities for review by council members and municipal staff. Staff would also like members to arrange a time for the General Manager or other RVCA staff to present a summary of the Annual Report to their municipal council. Copies of the Annual Report will also be circulated to all watershed MPs and MPPs, local partners, other conservation authorities and RVCA s mailing list. It will also be posted on RVCA s website and distributed at meetings and events throughout the year. Analysis Annual Reports are an important tool for public sector organizations to be transparent and accountable to tax payers and other partners. An Annual Report is a way for member municipalities, stakeholders and the public to see what was accomplished in relation to the budget that was approved for that year and the workplan that was set out. It is also a way for the RVCA to increase public understanding of its mandate and support for its programs by illustrating the value provided to the watershed and those who live, work and play in it. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 48 of 75
Input From Other Sources N/A Financial Considerations Costs associated with printing and distributing the Annual Report are accounted for in RVCA s budget for 2019. Legal Considerations N/A Adherence to RVCA Policy N/A Link to Strategic Plan N/A Attachment 2018 Annual Report March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 49 of 75
9.0a Appointment of Executive Committee Report #: 3-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 19, 2019 For Information For Direction X For Adoption X Attachment 1 page Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority appoint the Chair, Vice-Chair, Barclay Cormack, Brian Dowdall, and Melissa Sullivan to the RVCA s Executive Committee for the year 2019. Purpose To appoint an Executive Committee of the Board of Directors of the Rideau Valley Conservation Authority for 2019. Background As outlined in RVCA s Administrative By-Law, an Executive Committee shall be appointed to hold hearings under Section 28 of the Conservation Authorities Act. The Executive Committee hears applications for permission associated with Ontario Regulation 174/06 ( Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Regulation) under Section 28 of the Act. The Executive Committee shall evaluate the information presented at a hearing by both Conservation Authority staff and the applicant and decide whether the application will be approved with or without conditions or refused, or if a permit will be cancelled. Applicants can appeal decisions of the Executive Committee to the Minister. Appointment of members to the Executive Committee: Shall be made by the Chair, subject to approval by the General Membership Shall be made at the Annual meeting of the General Membership each year Shall consist of the Chair, Vice-Chair and three other Members, such that the Committee is comprised of at least one Member from the City of Ottawa. The Chair and Vice-Chair of the Authority shall be the Chair and Vice-Chair of the Executive Committee in accordance with the Conservation Authorities Act. Appendix 4-A of By-law No.1 is attached as it outlines the Terms of Reference for the Executive Committee. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 50 of 75
Analysis The members selected by the Chair will represent the Board well on the Executive Committee and represent a mix of small, medium and large municipalities from across the watershed. All members have agreed to sit on the Committee. Input From Other Sources N/A Financial Considerations Members of the Executive Committee receive a per diem and mileage for meetings. The RVCA s 2019 budget accounts for these costs. Legal Considerations The appointment of an Executive Committee is in accordance with the Conservation Authorities Act and RVCA s Administrative By-law. Specifically, Section 19 of the Act states: 19 (1) The authority may appoint an executive committee from among the members of the authority. R.S.O. 1990, c. C.27, s. 19 (1). Chair, vice-chair (2) The chair and vice-chair of the Authority shall be the chair and vice-chair of the executive committee Specifically, Section B.1 (c) of RVCA s Administrative By-law states: 1 (c) the powers of the General Membership include but are not limited to: (vi) Appointing an Executive Committee and delegating to the Committee any of its powers except: i. The termination of the services of the General Manager and/or Secretary-Treasurer, ii. The power to raise money, and iii. The power to enter into contracts or agreements other than those contracts or agreements as are necessarily incidental to the works approved by the Authority. (xv). Delegating to the Executive Committee the holding of hearings as may be required under any regulations made under Section 28 of the Act. Adherence to RVCA Policy The appointment of the Executive Committee is in accordance with RVCA s Administrative By-law. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 51 of 75
Link to Strategic Plan N/A Attachment: Appendix 4-A of RVCA s Administrative By-law: Terms of Reference for the Executive Committee March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 52 of 75
Appendix 4-A Terms of Reference for Executive Committee 1. Purpose The Authority shall maintain a standing Executive Committee to hold hearings under Section 28 of the Act. The Executive Committee shall evaluate the information presented at a hearing by both Conservation Authority staff and the applicant and decide whether the application will be approved with or without conditions or refused, or if a permit will be cancelled. Applicants can appeal decisions of the Executive Committee to the Minister. 2. Membership The Executive Committee shall consist of the Chair, Vice-Chair and three other Members, such that the Committee is comprised of at least one Member from the City of Ottawa. The Chair and Vice-Chair of the Authority shall be the Chair and Vice-Chair of the Executive Committee in accordance with Section 19(2) of the Act. Appointment of Members to the Executive Committee shall be made by the Chair, subject to approval by the General Membership. The Authority shall appoint an Executive Committee at the Annual meeting of the General Membership each year. 3. Meeting Procedures Resolutions and policies governing the operation of the Authority shall be observed in all Executive Committee meetings. The Executive Committee shall hold hearings in accordance with the Authority s Rules of Procedure for hearings as approved by the General Membership from time-to-time as well as other applicable laws including the Statutory Powers Procedure Act under which the Executive Committee is considered an Administrative Tribunal. 4. Frequency of Meetings Meetings shall generally be held the second Thursday of the month as required. 31 P age Approved September 2 7, 2018 March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 53 of 75
9.0b Appointment of Audit Committee Report #: 4-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 20, 2019 For Information For Direction X For Adoption X Attachment 1 page Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority appoint the Chair, Vice-Chair, Andy Jozefowicz, Gene Richardson and Rob Rothgeb to the RVCA Audit Committee for the year 2019. Purpose To appoint an Audit Committee of the Board of Directors of the Rideau Valley Conservation Authority for 2019. Background As outlined in RVCA s Administrative By-Law, an Audit Committee shall be appointed to: Ensure adequate financial systems, internal controls and reporting are in place for financial soundness of the Authority; To meet annually with the auditors before the General Membership receives and approves the Financial Statements and Report of the Auditor for the preceding year; and To address other specific financial matters as required. The Audit Committee shall report to the General Membership, presenting any recommendations made by the Committee. Appointment of members to the Audit Committee: Shall be made by the Chair, subject to approval by the General Membership Shall be made at the Annual meeting of the General Membership each year Shall consist of the Chair, Vice-Chair and three other Members, such that the Committee is comprised of at least one Member from the City of Ottawa. The Chair and Vice-Chair of the Authority shall be the Chair and Vice-Chair of the Audit Committee. Appendix 4-B of RVCA s Administrative By-law is attached as it outlines the Terms of Reference for the Audit Committee. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 54 of 75
Analysis The members selected by the Chair will represent the Board well on the Audit Committee and represent a mix of small, medium and large municipalities from across the watershed. All members have agreed to sit on the Committee. Input From Other Sources N/A Financial Considerations Members of the Audit Committee receive a per diem and mileage for meetings. The RVCA s 2019 budget accounts for these costs. Legal Considerations The appointment of an advisory board is in accordance with the Conservation Authorities Act and Section B.16 of RVCA s Administrative By-law (By-law No.1). Specifically, Section 18 of the Act states: 18 (2) An authority shall establish such advisory boards as may be required by regulation and may establish such other advisory boards as it considers appropriate. 2017, c. 23, Sched. 4, s. 15. (3) An advisory board shall comply with any requirements that may be prescribed by regulation with respect to its composition, functions, power, duties, activities and procedures. 2017, c. 23, Sched. 4, s. 15. Specifically, Section B.16 of RVCA s Administrative By-law (By-law No.1) states: In accordance with Section 18(2) of the Act, the Authority shall establish such Advisory Boards as required by regulation and may establish such other Advisory Boards or committees as it considers appropriate to study and report on specific matters. The General Membership shall approve the terms of reference for all such Advisory Boards and committees, which shall include the role, the frequency of meetings and the number of members required. Terms of Reference for current Advisory Boards and committees include: Audit Committee (Appendix 4-B). Appointment of members to Advisory Boards and committees shall be made by the Chair, subject to approval by the General Membership. Resolutions and policies governing the operation of the Authority shall be observed in all Advisory Board and committee meetings. Each Advisory Board or committee shall report to the General Membership, presenting any recommendations made by the Advisory Board or committee. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 55 of 75
Adherence to RVCA Policy The appointment of the Audit Committee is in accordance with RVCA s Administrative By-law. Link to Strategic Plan N/A Attachment: RVCA s Administrative By-law Appendix 4-B: Terms of Reference for Audit Committee March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 56 of 75
Appendix 4-B Terms of Reference for Audit Committee 1. Purpose The Authority shall maintain a standing Audit Committee to ensure adequate financial systems, internal controls and reporting are in place for financial soundness of the Authority, to meet annually with the auditors before the General Membership receives and approves the Financial Statements and Report of the Auditor for the preceding year, and to address other specific financial matters as required. The Audit Committee shall report to the General Membership, presenting any recommendations made by the Committee. 2. Membership The Audit Committee shall consist of the Chair, Vice-Chair and three other Members, such that the Committee is comprised of at least one Member from the City of Ottawa. The Chair and Vice-Chair of the Authority shall be the Chair and Vice-Chair of the Audit Committee. Appointment of Members to the Audit Committee shall be made by the Chair, subject to approval by the General Membership. The Authority shall appoint an Audit Committee at the Annual meeting of the General Membership each year. 3. Meeting Procedures Resolutions and policies governing the operation of the Authority shall be observed in all Audit Committee meetings. 4. Frequency of Meetings Meetings shall be held at the call of the Chair. The Committee shall normally meet in February or March with the Auditors to review draft Financial Statements and Report of the Auditor, and thereafter as required. 32 P age Approved September 2 7, 2018 March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 57 of 75
9.0c Appointments to Conservation Ontario Report #: 5-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 19, 2019 For Information For Direction X For Adoption Attachment 0 page Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority appoint the Chair as RVCA s voting delegate for Conservation Ontario Council for 2019 and that the Vice-Chair and General Manager be appointed as first and second alternate respectively. Purpose To appoint RVCA s voting delegate to Conservation Ontario Council for 2019. Background Conservation Ontario is a non-profit association that represents Ontario s 36 Conservation Authorities. Its core business functions are: Policy and Program Development Business Development and Partnerships Communications Education and Training Collective Corporate Services Government Relations Information Management and Research Its Vision is: Engage Conservation Authorities in matters of common interest and shape effective policy relating to Conservation Authorities. Its Mission is: To promote and continually strengthen a watershed-based conservation coalition in Ontario. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 58 of 75
Conservation Ontario is directed by a Council comprised of one voting delegate from each conservation authority. This Council meets four times a year in Toronto and voting delegates are usually accompanied by their conservation authority s General Manager. The Council also elects a six-member Board of Directors who is responsible for governing Conservation Ontario. Conservation Ontario s main source of funding is from levies to each conservation authority supplemented by project funding and contracts. As outlined in RVCA s Administrative By-Law, appointments to Conservation Ontario Council are made annually. Analysis Conservation Ontario strongly encourages conservation authorities to appoint a member of their Board of Directors as their voting delegate on Conservation Ontario Council. The RVCA has always appointed the Chair as its voting delegate with the Vice- Chair and General Manager acting as alternates. Input From Other Sources N/A Financial Considerations Costs associated with attending Conservation Ontario Council meetings (per diems and travel costs) are accounted for in RVCA s 2019 budget. Legal Considerations Appointments to Conservation Ontario Council are in accordance with Section 6 of RVCA s Administrative By-law. Specifically, Section 6 of the Administrative By-law states: The Authority shall appoint up to three Representatives to Conservation Ontario Council at the Annual meeting of the General Membership. Appointment of Voting Delegate and Alternate(s) to Conservation Ontario shall be made by the Chair, subject to approval by the General Membership. Conservation authorities may appoint up to three Representatives to Conservation Ontario Council ( Council ), designated as Voting Delegate and Alternate(s). Council will consist of the Voting Delegates appointed by each Member Conservation Authority. The Voting Delegate and Alternates shall be registered with Conservation Ontario annually. Adherence to RVCA Policy The appointment of voting delegates to Conservation Ontario Council are in accordance with RVCA s Administrative By-law. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 59 of 75
Link to Strategic Plan N/A Attachment N/A March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 60 of 75
9.0d Appointment of Auditors Report #: 6-190328 To: RVCA Board of Directors From: Sarah Wayne Manager of Finance and Human Resources Date: March 21, 2019 For Information For Direction X For Adoption Attachment 0 Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority appoint MNP LLP as the auditor for the Rideau Valley Conservation Authority and Rideau Valley Conservation Foundation for 2019. Purpose To appoint Auditors for the year 2019. Background As part of its due diligence the RVCA conducts a market review of its major suppliers and contractors on a periodic basis. In the case of RVCA s auditing services, Allan and Partners LLP from Perth have been RVCA s auditors since 2002 and the last market review was undertaken in 2006. While the RVCA has received exceptional service from the current supplier and their rates have always been competitive, it was time to undertake another market review. At their January 25, 2018 meeting, the Board of Directors of the RVCA passed a motion that a Request for Proposal (RFP) for audit services be conducted in 2018 and that the results of the RFP process be presented to the Board for selection and that the selected audit firm be engaged to audit the fiscal year ending December 31, 2019. Analysis As a first step, staff researched which firms were likely to be interested in bidding on the RVCA and RVCF audits. We compiled a list of six audit firms in our geographical region whose clientele includes municipalities and/or conservation authorities. We contacted each firm to confirm their interest in receiving the RFP and submitting a proposal. The six firms were: Allan & Partners LLP, Perth Ernst & Young, Ottawa Welch LLP, Ottawa MNP, Cornwall Collins Barrow, Winchester BDO Canada LLP, Ottawa March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 61 of 75
The RFP was sent to all six firms and although all had originally expressed interest, only two submitted proposals: Allan & Partners - $17,050 for the RVCA audit, $4,500 for the RVCF audit MNP - $12,600 for the RVCA audit, $4,000 for the RVCF audit The proposals outlined similar levels of service and work to be undertaken. Staff checked references for MNP, including a neighbouring conservation authority, and the feedback was very positive. The conservation authority client also indicated that MNP is the audit firm for all its member municipalities. RVCA staff then interviewed the MNP partner and staff person who would be the senior on the audit team and were satisfied that they understood the nature of the engagement and that we could establish a productive working relationship with them. Input From Other Sources References and client lists were checked for MNP LLP. Financial Considerations While lowest price should not be the only consideration, the appointment of MNP would represent a savings of $4,950 on the two audits. MNP has indicated that they would expect to increase their fee by 5% the following year. Legal Considerations The appointment of auditors is in accordance with the Conservation Authorities Act and Section 7 of RVCA s Administrative By-law. Specifically, Section 38 of the Act states: 38 (1) Every authority shall cause its accounts and transactions to be audited annually by a person licensed under the Public Accounting Act, 2004. R.S.O, 1990, c. C.27, s. 38 (1): 2004, c. 8, s. 46. (2) No person shall be appointed as auditor of an authority who is or during the preceding year was a member of the authority or who has or during the preceding year had any direct or indirect interest in any contract or any employment with the authority other than for services within his or her professional capacity. R.S.O. 1990, c. C.27, s. 38 (2). Specifically, Section 7 of RVCA s Administrative By-law states: 7 The General Membership shall appoint an auditor for the coming year at the Annual Meeting in accordance with Section 38 of the Act. Adherence to RVCA Policy The appointment of the Auditor is in accordance with RVCA s Administrative By-law and the RFP process is in accordance with RVCA s Purchasing Policy. Link to Strategic Plan N/A March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 62 of 75
9.0e Appointment of Legal Advisors Report #: 7-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 19, 2019 For Information For Direction X For Adoption Attachment 0 page Recommendation: THAT the Board of Directors of the Rideau Valley Conservation Authority appoint the firm of Bell Baker LLP as legal advisors for the RVCA for the year 2019; THAT the firm of Bird Richard be retained for employment issues; THAT the firm of Wilson Law Partners LLP be retained for land transfers; and FURTHERMORE, that other legal counsel be retained as required. Purpose To appoint Legal Advisors for the year 2019. Background The firm of Bell Baker has advised and represented the RVCA for decades on matters of general counsel as well as the administration and enforcement of RVCA s planning and regulations programs. The firm of Bird Richard has advised and represented the RVCA since 2007 on matters pertaining to human resources and administration of the Municipal Freedom of Information and Protection of Privacy Act. The firm of Wilson Law Partners has advised and represented the RVCA since 2006 on matters pertaining to land acquisitions, donations and easements. From time to time, RVCA staff also engage the services of other firms as needed. Analysis The three firms appointed as legal advisors to the RVCA provide exceptional service and have built up an understanding of the RVCA and its operations. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 63 of 75
Input From Other Sources N/A Financial Considerations The firm of Bird Richard is paid an annual flat fee retainer of $2,000 for which they provide unlimited advice via telephone and email. If a third party becomes involved in a matter, then the firm provides their services at their current rates discounted by 20%. The firms of Bell Baker, Wilson Law Partners and any other legal counsel engaged by the RVCA provides their services at their current rates. Legal Considerations The appointment of legal advisors is in accordance with Section 9 of RVCA s Administrative By-law. Specifically, Section 9 of the Administrative By-law states: 9 The General Membership shall appoint a solicitor(s) to act as the Authority s legal counsel for the coming year at the Annual Meeting. Adherence to RVCA Policy The appointment of legal advisors is in accordance with RVCA s Administrative By-law. Link to Strategic Plan N/A Attachment N/A March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 64 of 75
9.0f Appointment of Land Appraisers Report #: 8-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 19, 2019 For Information For Direction X For Adoption Attachment 0 page Recommendation: THAT the firms of S. Rayner & Associates of Kingston and Rivington & Associates of Perth be appointed as land appraisers for the RVCA for the year 2019. Purpose To appoint Land Appraisers for the year 2019. Background In order to appraise land for conservation purposes it is critical that firms have experience or training with the Eco Gifts program delivered by Environment Canada s Canadian Wildlife Service. The two firms identified as land appraisers for the RVCA are the only companies in the area that have demonstrated a thorough understanding in the past with the appraisal requirements outlined in the Eco Gifts program. Analysis Under RVCA s purchasing policy, staff are required to obtain three quotes before engaging the services of a land appraiser. With only two local companies skilled at appraisals for conservation purposes, staff were challenged to meet this requirement. Therefore, the Board of Directors appoints land appraisers annually for the RVCA to enable staff to contract the services of either firm as needed. This approach also facilitates the timely processing of potential land donations on behalf of donors. Input From Other Sources N/A Financial Considerations Both land appraisers provide services to the RVCA at their current rate. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 65 of 75
Legal Considerations Given the complexity of Environment Canada s Eco Gifts program and the potential tax and legal complications for both the RVCA and the donor if the land donation is not processed properly, it is important to engage land appraisers who are knowledgeable and experienced with this program. Adherence to RVCA Policy Appointing land appraisers exempts staff from needing to obtain three quotes as required by RVCA s current purchasing policy. Link to Strategic Plan N/A Attachment N/A March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 66 of 75
9.0g Borrowing Resolution Report #: 9-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 19, 2019 For Information For Direction X For Adoption Attachment 0 page Recommendation: THAT the signing officers of the RVCA be authorized to borrow up to a maximum of $750,000 in 2019, which may be required for the purpose of the RVCA to implement its program, until payment to the RVCA of any grants, levies or other revenues. Purpose To approve a Borrowing Resolution for the year 2019. Background The Conservation Authorities Act enables Boards of Directors to pass a borrowing resolution to enable their conservation authority to borrow money if needed to undertake its program as grants, levies and other revenues are outstanding. Many years ago, the timing of large provincial grants and municipal levies sometimes made it challenging to continue to undertake programs early in the year when there would be insufficient revenue in the bank. This has not been a problem for many years as provincial grants are no longer a significant percentage of the annual operating budget and the City of Ottawa now continues to pay a monthly levy installment between the end of the year and budget approval in February or March. These changes have helped ensured there are funds to undertake programs throughout the entire year. Analysis While a borrowing resolution is adopted each year, there is no evidence that RVCA has undertaken any borrowing in recent decades aside from the debenture for the office building through the City of Ottawa. Input From Other Sources N/A March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 67 of 75
Financial Considerations Should the RVCA need to borrow to continue to undertake programs the Board of Directors would be notified in advance of the amount to be borrowed, why the borrowing is required and what financial implication the borrowing would have on the RVCA. Legal Considerations The establishment of a borrowing resolution is in accordance with the Conservation Authorities Act and Section 12 of RVCA s Administrative By-law. Specifically, Section 3(5) of the Conservation Authorities Act states: 3 (5) Every authority may, for its purposes, borrow on the promissory note of the authority such money as may be required until payment to the authority of any grants and of sums to be paid to the authority by the participating municipalities. R.S.O. 1990, c. C.27, s. 3 (5); 2017, c. 23, Sched. 4, s. 5 (2). Specifically, Section 12 of RVCA s Administrative By-law states: 12 If required, the Authority shall establish a borrowing resolution by March 31 of each year and such resolution shall be in force until it is superseded by another borrowing resolution. Adherence to RVCA Policy The adoption of a borrowing resolution is in accordance with RVCA s Administrative Bylaw. Link to Strategic Plan N/A March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 68 of 75
10.0 Supporting Provincial Efforts to Reduce Regulatory Burden Report #: 10-190328 To: RVCA Board of Directors From: Sommer Casgrain-Robertson General Manager Date: March 21, 2019 For Information For Direction X For Adoption Attachment 0 pages Recommendation: WHEREAS the provincial government intends to increase the supply of housing and streamline the land use planning and development approval process to achieve this goal; AND WHEREAS Conservation Authorities play an important role in the planning and development review process with respect to watershed protection and hazard lands; AND WHEREAS Conservation Authorities support and can help deliver the Government s objective not to jeopardize public health and safety or the environment; THEREFORE, BE IT RESOLVED THAT the Board of Directors of the Rideau Valley Conservation Authority endorse three key solutions developed by Conservation Ontario s client service and streamlining initiative working group which are: Improve client service and accountability; Increase speed of approvals; and Reduce red tape and regulatory burden; AND THAT staff be directed to work with Conservation Ontario and local clients to identify additional improvements; AND THAT staff be directed to implement these solutions as soon as possible; AND THAT this resolution be sent to all municipal councils and MPPs in the Rideau watershed. Purpose To seek endorsement for staff to pursue streamlining and client service measures to support provincial efforts to reduce regulatory burden to increase housing supply. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 69 of 75
Background On June 7, 2018 a new provincial government was elected and moved quickly to implement their Plan for the People platform which included promises: To cut red tape and stifling regulations that are crippling job creation and growth Single-window access for approvals with a hard one-year deadline Since that time the government has introduced a number of consultations, draft proposals and proposed amendments to legislation in support of their agenda. Made-in-Ontario Environment Plan In the fall, the Ministry of Environment, Conservation and Parks released the Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan that affirmed support for conservation and environmental planning and specifically mentioned that they would: work in collaboration with municipalities and stakeholders to ensure that conservation authorities focus and deliver on their core mandate of protecting people and property from flooding and other natural hazards and conserving natural resources. Housing Supply Action Plan More recently, the Ministry of Municipal Affairs and Housing initiated consultations on a Housing Supply Action Plan with the purpose of increasing supply and streamlining the development approval process. The Ministry is also reviewing the Planning Act and the Provincial Policy Statement to ensure that the land use planning and development approvals process is aligned with their goal. Concerns About Conservation Authorities Conservation authorities in Ontario are part of the planning and development approvals process as part of our mandate to protect people and property from natural hazards and conserve natural resources. Concerns have been expressed that conservation authorities need to stick to their mandate and that they present a significant barrier to timely development approvals. Many of these concerns arise in the Greater Toronto Area where land development is complex, and demands are high, however, it is also relevant in other areas of the province where development and growth are occurring. Efforts have always been made by RVCA staff to undertake their role in the planning and development approvals process in a manner that provides good client service, ensures timely approvals and works to make the process as cost and time-efficient as possible for applicants. That said, all conservation authorities have acknowledged that they can and should continue to improve their processes and their relationships with the many stakeholders they interact with. In 2007, Conservation Ontario and conservation authorities participated with the Ontario Home Builders Association (OHBA), the Building Industry and Land Development Association (BILD), municipalities, the province and other stakeholders as members of the Conservation Authority Liaison Committee (CALC). March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 70 of 75
In 2010, the Ministry of Natural Resources and Forestry (MNRF) and the Ministry of Municipal Affairs and Housing (MMAH) approved the Policies and Procedures for Conservation Authority Plan Review and Permitting Activities that would form part of MNRF s Policies and Procedures Manual. In 2012 and 2014, Conservation Ontario provided training to assist conservation authorities in implementing the best practices laid out in the MNRF/MMAH document. Each conservation authority was encouraged to prepare publicly available policies and procedures to ensure transparency and outline expectations to stakeholders including review and permitting timelines and fees. As recommended, all of the RVCA s policies, guidelines, application requirements, mapping and fees are posted on our website and available to clients and staff working to adhere to the review and permitting timelines as determined through the CALC process. It is now imperative that conservation authorities engage in the conversation that is taking place about our role in land use planning and development approvals and engage the new government in a discussion about the importance of our mandate, the importance of our role in land use planning and development approvals and the importance of our relationships with our member municipalities. Analysis Conservation Ontario retained Strategy Corp to provide insights and advice on working with the new government. Through this process a number of General Managers volunteered to establish a small Conservation Ontario working group to work with Conservation Ontario staff to identify recommendations for solutions that will address the issues identified by the government around the housing supply while still protecting natural hazards management and plan review activities required to protect the health and safety of Ontario s watersheds and residents. Conservation Authority Mandate The Conservation Ontario working group discussed clarifying and restating our mandate as supported by the recent update to the Conservation Authorities Act (2017) and as described in the province s Made-in-Ontario Environment Plan. The result was: The core mandate of conservation authorities is to undertake watershed-based programs to protect people and property from flooding and other natural hazards, and to conserve natural resources for economic, social and environmental benefits. This has always been the purpose of conservation authorities and now, more than ever, it is necessary to have organizations like this on the ground able to work at the watershed and community scale to protect and manage natural resources. Watershed monitoring, identification of issues and appropriate mitigation measures undertaken by conservation authorities help communities conserve natural resources, address natural hazards, respond to climate change and increase their resiliency. Further, as the federal and provincial governments restrict their activities more to policy related activities there is a gap in capacity to address local environmental issues. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 71 of 75
The following summary from a Conservation Ontario briefing note to the province identifies that: Conservation authorities are a cost-effective mechanism for the Province and municipalities for the delivery of objectives under the Provincial Policy Statement. In addition to acting as a commenting agency on behalf of the Province with regard to natural hazards, conservation authorities also act as regulatory bodies. Additionally, conservation authorities act as technical advisors for municipalities in the review of planning applications and as Source Protection Authorities and Risk Management Officials and Inspectors under the Clean Water Act supporting policy implementation. Conservation authorities ensure that applicants and municipal planning authorities are aware of regulations and requirements as well as assist in the coordination of applications under the Planning Act and the Conservation Authorities Act. The focus is to eliminate unnecessary delay or duplication in the process as it relates to protecting public health and safety from natural hazards, now and in the future. Conservation authorities, through the provision of advice from watershed-based science, enable municipalities to cost-effectively consider in their decisionmaking other Provincial Policy Statement considerations such as wise use and management of resources and stormwater. Streamlining Conservation Authority Activities The Conservation Ontario working group has also been evaluating ways that conservation authorities can streamline approval activities and reduce red tape in order to help the province address the lack of housing supply. It is recognized that we need to identify the outcomes that the province and our municipalities need and review and modify our processes to ensure the best solutions. The Conservation Ontario working group developed the following three key solutions that we will work on with staff, the development and construction community and municipalities. Through these activities we will also identify any other specific concerns to be addressed. 1. Improve Client Service and Accountability Provide client service training and establish client service standards, implementing activities such as one point of contact for applications and template guidelines for policies, processes and CA/Municipal MOUs that have clear deadlines for the different plan review services. Our commitment to timely approvals will be reported on annually. Initially, focus efforts on conservation authorities with high growth areas (Greater Golden Horseshoe / Greater Toronto Area and other parts of the province) where housing supply is needed immediately. March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 72 of 75
2. Increase speed of approvals Assess current application review/approval timelines, identifying problem areas where timelines are not being met and developing solutions to meet timelines. Establish timelines that match the complexity of development applications (e.g. simple and complete applications can be processed more quickly). 3. Reduce red tape and regulatory burden Examine where conservation authorities can improve or change their processes to speed up or simplify permitting in hazard areas. Explore additional legislative or regulatory amendments to achieve increased housing supply and decreased approval timeframes. Some of these activities have already been started with the Conservation Ontario Section 28 Regulations Committee which has been meeting over the past six months to identify potential streamlining options that can be implemented immediately. Conservation authorities also experience regulatory burden issues with other regulatory or planning processes that influence our ability to complete our work. Staff have identified several of these including the opportunity to revisit recent changes to the Safe Drinking Water Act (O. Reg 205/18) and streamlining of approvals under the Endangered Species Act. There is always more that conservation authorities can do and the RVCA is committed to ensuring that we fulfill our mandate while working with clients efficiently and effectively. The RVCA intends to embrace the key actions identified by the Conservation Ontario working group and develop additional actions based on internal discussions. Any changes to our processes regarding planning and permitting will be communicated to municipalities and stakeholders to ensure a smooth transition. Input From Other Sources This client service and streamlining initiative being led by Conservation Ontario is being supported by The Client Service and Streamlining Initiative Steering Committee (General Managers Working Group) who are providing leadership and guidance; and The Timely Review and Approvals Taskforce (conservation authority planning and regulations staff) who are providing technical input and ideas. The Steering Committee of General Managers has been holding weekly conference calls since February 20, 2019 to review and provide advice on materials prepared by Conservation Ontario staff and to share and discuss updates on information gained through various meetings and policy consultations with MPPs, Ministers, municipalities and development community stakeholders. Draft terms of reference for the Taskforce have also been written and actions were recently initiated. Members of each group are: March 28, 2019 RVCA Board of Directors Meeting #02/19 Page 73 of 75