AGENDA - Council - 20220628Town of Aurora
Council Meeting Agenda
Date:Tuesday, June 28, 2022
Time:7 p.m.
Location:Council Chambers, Aurora Town Hall
Aurora Council and Committee meetings are live streamed on the Town’s YouTube Channel. For
information on how to participate in this meeting please visit aurora.ca/participation.
Pages
1.Call to Order
2.Land Acknowledgement
3.Approval of the Agenda
4.Declarations of Pecuniary Interest and General Nature Thereof
5.Community Presentations
6.Delegations
7.Consent Agenda
7.1.Council Meeting Minutes of May 24, 2022 1
That the Council meeting minutes of May 24, 2022, be adopted
as circulated.
1.
7.2.Council Closed Session Meeting Minutes of May 17, 2022 (confidential
attachment)
That the Council Closed Session Minutes of May 17, 2022, be
adopted as circulated.
1.
7.3.Council Closed Session Public Meeting Minutes of May 17, 2022 20
That the Council Closed Session Public meeting minutes of May
17, 2022, be adopted as circulated.
1.
7.4.Council Closed Session Meeting Minutes of May 24, 2022 (confidential
attachment)
That the Council Closed Session Minutes of May 24, 2022, be
adopted as circulated.
1.
7.5.Council Closed Session Public Meeting Minutes of May 24, 2022 23
That the Council Closed Session Public meeting minutes of May
24, 2022, be adopted as circulated.
1.
8.Standing Committee Reports
That the Standing Committee Reports, items 8.1 to 8.3 inclusive, be received
and the recommendations carried by the Committee approved.
8.1.General Committee Meeting Report of June 7, 2022 27
8.1.1.Environmental Advisory Committee Meeting Minutes of May 4,
2022
Minutes
That the Environmental Advisory Committee meeting
minutes of May 4, 2022, be received for information.
1.
8.1.2.Finance Advisory Committee Meeting Minutes of May 9, 2022
Minutes
That the Finance Advisory Committee meeting minutes
of May 9, 2022, be received for information.
1.
8.1.3.Accessibility Advisory Committee Meeting Minutes of May 11,
2022
Minutes
That the Accessibility Advisory Committee meeting
minutes of May 11, 2022, be received for information.
1.
8.1.4.Anti-Black Racism and Anti-Racism Task Force Meeting
Minutes of May 18, 2022
Minutes
That the Anti-Black Racism and Anti-Racism Task Force
meeting minutes of May 18, 2022, be received for
information.
1.
8.1.5.CS22-037 - Administrative Monetary Penalty System (AMPS)
Report Attachment 1 Attachment 2 Attachment 3 Attachment
4
That Report No. CS22-037 be received; and1.
That staff be authorized to implement the necessary
processes and procedures for the Administrative
Monetary Penalty System (AMPS); and
2.
That staff bring forward the Administrative Penalty By-
law at a future Council meeting for enactment; and
3.
That staff bring forward the Screening and Hearing
Officer By-law at a future Council meeting for
enactment; and
4.
That staff bring forward amendments to the Parking
Control By-law #4574-04.T, as amended, at a future
Council meeting for enactment.
5.
8.1.6.OPS22-011 - Fleet Division Purchases
Report Attachment 1 Attachment 2
That Report No. OPS22-011 be received; and1.
That the Capital Budget authority for Project No.34436
– Six-ton Diesel Dump Plow/Sander Truck be increased
by $52,900 to a total of $352,900, to be funded from the
Fleet Repair and Replacement Reserve; and
2.
That the planned 2023 capital budget authority of
$352,900 for Project No. 34564 – New Six-ton Diesel
Dump Plow/Sander Truck, be advanced to 2022 and
approved, to be funded from by $317,800 from Roads &
Related Development Charges and $35,100 from the
Growth and New Reserve; and
3.
That staff be directed to implement an additional in-
house winter maintenance route in 2024.
4.
8.1.7.FIN22-018 - 2023 Budget Timeline and Process
Report
That Report No. FIN22-018 be received; and1.
That the proposed budget timeline as detailed in Table
3 be approved.
2.
8.1.8.FIN22-019 - Procurement Modernization Update - Annual
Software Costs
Report Attachment 1
That Report No. FIN22-019 be received; and1.
That the recommended changes, as summarized in
Table 1, to the procurement policy and by-law in this
report be approved; and
2.
That staff be directed to bring forward the amending
by-law to the June 28 Council meeting for approval; and
3.
That a non-standard procurement for $611,100 over a
five-year term be awarded to WAMCO for the annual
licencing and maintenance costs to support the
automated water meter reading technology capital
project number 40355.
4.
8.1.9.PDS22-089 - Community Improvement Plan Review - Public
Meeting
Report Attachment 1
That Report No. PDS22-089 be received for
information.
1.
8.1.10.York Region Council Highlights of May 26, 2022
Regional Report
That the York Regional Council Highlights of May 26,
2022, be received for information.
1.
8.2.General Committee Meeting Report of June 21, 2022 34
8.2.1.CMS22-036 - SARC Gymnasium Update - Final Design and
Budget Update
Report Attachment 1 Presentation
That Report No. CMS22-036 be received; and1.
That total capital budget authority for capital project
No. 72410 – SARC Gymnasium of $11,125,000 be
approved, representing an increase of $2,925,000 to be
funded from $1,692,100 in additional Parks &
Recreation DCs and $1,232,900 from the Growth & New
2.
reserve; and
That in accordance with the Town of Aurora’s Official
Plan, 1% of the total estimated project cost contribution
to the Public Art reserve fund be approved; and
3.
That staff be authorized to proceed to tender and
award for this project in accordance with procurement
procedures; and
4.
That the draft operating budget be approved and
included in a future year.
5.
8.2.2.PDS22-102 - Town of Aurora Official Plan Review - Draft Official
Plan Amendment
Report Attachment 1 Presentation
That Report No. PDS22-102 be received; and1.
That the Draft Official Plan Amendment be formally
released for public review and comment; and
2.
That staff report back to a future General Committee
meeting in the next term of Council early 2023 to
present the revised Official Plan Amendment based on
feedback received.
3.
8.2.3.CMS22-029 - Aurora Town Square Governance - Town Staffing -
Update 2
Report
That Report No. CMS22-029 be received for
information.
1.
8.2.4.CMS22-030 - Diversity and Inclusion Mural - Design Approval
Report
That Report No. CMS22-030 be received; and1.
That the Mural Design prepared by Moonlight Murals
Collective be approved; and
2.
That the mural be located on the side of building at
15105 Yonge Street.
3.
8.2.5.CS22-038 - Restricted Acts (Lame Duck)
Report Attachment 1
That Report No. CS22-038 be received; and1.
That a by-law delegating authority to the CAO be
brought forward to the July 12, 2022 Council meeting.
2.
8.2.6.PDS22-023 - Application for Zoning By-law Amendment, Site
Plan and Heritage Permit, 2578461 Ontario Inc., 15356 Yonge
Street
PLAN 246 LOT 13 PT LOT 14 RP 65R31151 PARTS 1 TO 3, File
Number: ZBA-2017-06 and SP-2017-05
Report Figures 1-10 Appendix A Appendix B
That Report No. PDS22-023 be received; and1.
That Zoning By-law Amendment Application ZBA-2017-
06 be approved to rezone the subject lands from
“Promenade Downtown Shoulder- Special Mixed
Density 'PDS4(380)’ Exception Zone, Environmental
Protection ‘EP(381)’ Exception Zone, and Environmental
Protection (EP) Zone” to ““Promenade Downtown
Shoulder- Special Mixed Density 'PDS4(380)’ Exception
Zone and Environmental Protection ‘EP’ Zone”; and
2.
That an implementing Zoning By-law Amendment be
brought forward to a future Council Meeting for
enactment; and
3.
That Site Plan Application SP-2017-05 be approved to
permit the development of a four-storey residential
apartment with 35 units with two levels of underground
parking; and
4.
That Heritage Permit Application HPA-2022-05 be
approved to permit the restoration of the Knowles-
Readman House; and
5.
That servicing be allocated to service the development
with 35 units (60 persons equivalent); and
6.
That in accordance with Section 45 (1.4) of the
Planning Act, 1990 R.S.O., as amended, an exemption
to the two-year moratorium on minor variance
applications after adoption of a privately initiated
zoning by-law amendment be granted to permit the
submission of a minor variance application(s), if
7.
required, for consideration by the Committee of
Adjustment.
8.2.7.PDS22-042 - Review of the Aurora Register of Properties of
Cultural Heritage Value or Interest
Report Attachment 1 Attachment 2 Attachment 3 Attachment
4 Attachment 5
That Report No. PDS22-042 be received; and1.
That the “Town of Aurora Cultural Heritage Evaluation
Checklist” to evaluate properties for cultural heritage
interest be adopted; and
2.
That the 30 properties contained within the Aurora
Register of Properties of Cultural Heritage Value or
Interest be designated under Part IV of the Ontario
Heritage Act in accordance with the Heritage
Consultant’s recommendations; and
3.
That the Town Clerk be authorized to publish and serve
Council’s Notice of Intention to Designate the 30
properties in accordance with the requirements of the
Ontario Heritage Act; and
4.
That the designation by-laws for the 30 properties be
brought before Council for adoption if no objections are
received within the thirty (30) day period as per the
Ontario Heritage Act; and
5.
That 57 properties contained within the Aurora Register
of Properties of Cultural Heritage Value or Interest be
delisted in accordance with the Heritage Consultant’s
recommendations.
6.
8.2.8.PDS22-082 - Heritage Permit Application, File: HPA-2022-06, 20
Catherine Avenue
Report Attachment 1 Attachment 2 Attachment 3
That Report No. PDS22-082 be received; and1.
That Heritage Permit Application HPA-2022-06 be
approved to permit a two-storey rear addition to the
existing dwelling at 20 Catherine Avenue.
2.
8.2.9.PDS22-103 - Snow Disposal Facility - Request for Additional
Budget
Report Attachment 1
That Report No. PDS22-103 be received; and1.
That the total approved capital budget authority for
Project No. 34006 be increased to $1,761,900.00,
representing an increase of $452,900 to be funded by
$312,500 in Roads & Related development charges and
$140,400 from the Storm Water Reserve.
2.
8.3.Budget Committee Meeting Report of June 7, 2022 43
That the Budget Committee Meeting Report of June 7, 2022, be
received for information.
1.
9.Consideration of Items Requiring Discussion (Regular Agenda)
10.Motions
10.1.Councillor Gilliland; Re: Natural Capital Asset Management Planning for
Municipal Infrastructure
45
10.2.Councillor Humfryes; Re: Traffic Safety on Wells Street 46
11.New Business
12.Public Service Announcements
13.By-laws
13.1.By-law Number XXXX-22 - Being a By-law to regulate and license Short
Term Rentals in the Town of Aurora.
47
(General Committee Report No. CS22-018, March 22, 2022)
13.2.By-law Number XXXX-22 - Being a By-law to amend By-law Number
5558-13, to create the Aurora Appeal Tribunal and to establish its Rules
and Procedure.
66
(General Committee Report No. CS22-018, March 22, 2022)
13.3.By-law Number XXXX-22 - Being a By-law to amend By-law Number
6000-17, as amended, respecting the lands municipally known as 15296,
15306 and 15314 Yonge Street (File No.ZBA-2021-03).
68
(General Committee Report No. PDS22-033, April 19, 2022)
13.4.By-law Number XXXX-22 - Being a By-law to regulate and prescribe the 72
standards for fences and pool enclosures.
(General Committee Report No. CS22-034, May 17, 2022)
13.5.By-law Number XXXX-22 - Being a By-law to amend By-law Number
6404-22, to enact a Procurement Policy for the Town.
94
(General Committee Report No. FIN22-019, June 7, 2022)
13.6.By-law Number XXXX-22 - Being a By-law to establish a Compliance
Audit Committee for compliance audit applications received during the
2022 to 2026 Term of Council.
95
13.7.By-law Number XXXX-22 - Being a By-law to amend By-law Number
6106-18, to designate a site plan control area.
96
13.8.By-law Number XXXX-22 - Being a By-law to establish lands on Plans
65M-3851 and 65M-3852 as highways.
97
13.9.By-law Number XXXX-22 - Being a By-law to appoint a Deputy Clerk and
to delegate certain authority to the Deputy Clerk on behalf of The
Corporation of the Town of Aurora.
98
14.Closed Session
15.Confirming By-law
15.1.By-law No. XXXX-22 Being a By-law to confirm actions by Council
resulting from a Council meeting on June 28, 2022
99
16.Adjournment
1
Town of Aurora
Council
Meeting Minutes
Date:
Time:
Location:
Tuesday, May 24, 2022
7 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Tom Mrakas (Chair)
Councillor Wendy Gaertner*
Councillor John Gallo
Councillor Rachel Gilliland
Councillor Sandra Humfryes
Councillor Harold Kim
Councillor Michael Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations
Robin McDougall, Director of Community Services
Marco Ramunno, Director of Planning and Development Services
Techa van Leeuwen, Director of Corporate Services
Rachel Wainwright-van Kessel, Director of Finance
Anca Mihail, Manager of Engineering and Capital Delivery*
Carley Smith, Manager, Corporate Communications*
Patricia De Sario, Town Solicitor
Michael de Rond, Town Clerk
Linda Bottos, Council/Committee Coordinator
*Attended electronically
_____________________________________________________________________
1. Call to Order
The Mayor called the meeting to order at 7:03 p.m.
Page 1 of 99
2
2. Land Acknowledgement
Mayor Mrakas acknowledged that the meeting took place on the traditional and
treaty territory of the Anishinaabe and many other Nations whose presence here
continues to this day, and that Aurora has shared responsibility for the
stewardship of this land. It was noted that Aurora is part of the treaty lands of the
Mississaugas of the Credit, recognized through Treaty #13 and the Williams
Treaties of 1923.
3. Approval of the Agenda
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the revised agenda as circulated by Legislative Services be approved.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
4. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
5. Community Presentations
5.1 Franco De Marco, Recreation Supervisor, Community Programs, and Karie
Papillon, Adult Program Coordinator, Aurora Seniors Centre; Re: June is
Recreation & Parks Month
Franco De Marco and Karie Papillon presented an overview of the Town's
programs and community events planned during the celebration of "June
is Recreation & Parks Month", an annual community mobilization
movement that takes place in parks, schools, recreation centres, and
neighbourhoods across Ontario.
Moved by Councillor Thompson
Seconded by Councillor Kim
That the presentation be received for information.
Page 2 of 99
3
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
6. Delegations
6.1 Jennifer Kagan; Re: Motion 10.1 - Councillor Humfryes; Re: Private
Member's Bill C-233 "Keira's Law"
Jennifer Kagan, physician and advocate for victims and survivors of
domestic violence and children, shared her story about the death of her
four-year-old daughter Keira Kagan, the impacts of domestic violence, and
the importance of Bill C-233 "Keira's Law", which aims to educate judges
on domestic violence and coercive control.
Moved by Councillor Thompson
Seconded by Councillor Humfryes
That the comments of the delegation be received and referred to Motion
10.1.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
6.2 David Spencer, Resident; Re: Item 8.2.5 - OPS22-010 - Off-Leash Dog Park
and Trail Pilot Program
David Spencer expressed concerns about the staff report and lack of
notice and consultation with area residents. He further noted concerns
regarding potential noise, odour, traffic and safety issues, and
displacement of an established community recreational area. Mr. Spencer
requested that Council advise staff that the Darkwood Detention area is
not an appropriate location and that the neighbourhood be provided with
six months' notice if this matter is revisited.
Moved by Councillor Humfryes
Seconded by Councillor Gilliland
That the comments of the delegation be received and referred to item
8.2.5 (b).
Page 3 of 99
4
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
7. Consent Agenda
Moved by Councillor Thompson
Seconded by Councillor Kim
That the Consent Agenda items, 7.1 to 7.6 inclusive, be approved.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
7.1 Council Meeting Minutes of April 26, 2022
1. That the Council meeting minutes of April 26, 2022, be adopted as
circulated.
Carried
7.2 Special Meeting of Council Minutes of April 26, 2022
1. That the Special Meeting of Council minutes of April 26, 2022, be
adopted as circulated.
Carried
7.3 Council Closed Session Minutes of April 26, 2022 (confidential attachment)
1. That the Council Closed Session Minutes of April 26, 2022, be adopted
as circulated.
Carried
7.4 Council Closed Session Public Meeting Minutes of April 26, 2022
1. That the Council Closed Session Public meeting minutes of April 26,
2022, be adopted as circulated.
Carried
7.5 Council Closed Session Minutes of May 3, 2022 (confidential attachment)
1. That the Council Closed Session minutes of May 3, 2022, be adopted
as circulated.
Page 4 of 99
5
Carried
7.6 Council Closed Session Public Meeting Minutes of May 3, 2022
1. That the Council Closed Session Public meeting minutes of May 3,
2022, be adopted as circulated.
Carried
8. Standing Committee Reports
Items were considered in the following order: 8.2.5 (a) and (b), 8.1.8, 8.1.7, and
8.1.5.
Moved by Councillor Thompson
Seconded by Councillor Gilliland
That the Standing Committee Reports, items 8.1 to 8.2 inclusive, be received and
the recommendations carried by the Committee approved, with the exception of
sub-items 8.1.5, 8.1.7, 8.1.8, and 8.2.5 (a) and (b), which were discussed and
voted on separately as recorded below.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
8.1 General Committee Meeting Report of May 3, 2022
8.1.1 Mayor's Golf Classic Funds Committee Meeting Minutes of March
31, 2022
Minutes
1. That the Mayor's Golf Classic Funds Committee meeting
minutes of March 31, 2022, be received for information.
Carried
8.1.2 Accessibility Advisory Committee Meeting Minutes of April 13, 2022
Minutes
1. That the Accessibility Advisory Committee meeting minutes of
April 13, 2022, be received for information.
Carried
Page 5 of 99
6
8.1.3 Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of
April 20, 2022
Minutes
1. That the Anti-Black Racism and Anti-Racism Task Force
meeting minutes of April 20, 2022, be received for information.
Carried
8.1.4 FIN22-015 - Continued Advancement of the Second-Generation
Asset Management Plan
Report Attachment 1
1. That Report No. FIN22-015 be received; and
2. That Capital Project No. 14107 – Second Generation Asset
Management Plan (Phase 2) with total budget authority of
$70,000 be approved and be funded by up to $50,000 in FCM
grant funding and the balance from the Studies & Other reserve;
and
3. That proceeding with the project in advance of the 2023 Budget
be contingent upon receiving the FCM grant; and
4. That to ensure the Town’s continued compliance with O. Reg
588/17;
a. Staff be directed to apply for a grant opportunity from the
Federation of Canadian Municipalities’ Municipal Asset
Management Program for the continued development and
operationalization of the Asset Management Plan for the
Town of Aurora; and
b. The Town of Aurora commit to the development and
operationalization of an O. Reg 588/17 compliant Asset
Management Plan as per its submitted proposed project to
the Federation of Canadian Municipalities’ Municipal Asset
Management Program to advance its asset management
program; and
c. The Town of Aurora commit $20,000 of the capital budget
toward the costs of this initiative.
Carried
Page 6 of 99
7
8.1.5 OPS22-006 - Neighbourhood Park on Hartwell Way Funding Increase
Report Attachment 1
Motion to refer
Moved by Councillor Thompson
Seconded by Councillor Kim
That Report No. OPS22-006 be referred back to staff.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Carried (7 to 0)
8.1.6 CAO22-001 - 2021 Annual Report to the Community
Report Attachment 1
1. That Report No. CAO22-001 be received for information.
Carried
8.1.7 PDS22-064 - Application for Minor Site Plan Approval, 306 St. John’s
Sideroad, St. Anne’s School - A Private Girl’s School, File Number:
SPM-2022-01, Related Applications: OPA-2021-02, ZBA-2021-02,
SUB-2021-01, and SPM-2022-02
Report Figures 1-9
Moved by Councillor Thompson
Seconded by Councillor Humfryes
1. That Report No. PDS22-064 be received for information.
Yeas (6): Mayor Mrakas, Councillor Gallo, Councillor Gilliland,
Councillor Humfryes, Councillor Kim, and Councillor Thompson
Nays (1): Councillor Gaertner
Carried (6 to 1)
8.1.8 PDS22-066 - Train Whistle Cessation Program Assessment Update
Report Attachment 1 Attachment 2
Council consented to vote on the fifth clause separately.
Page 7 of 99
8
Moved by Councillor Thompson
Seconded by Councillor Kim
1. That Report No. PDS22-066 be received; and
2. That a project with total capital budget authority of $95,000 be
included in the 2023 capital budget for Council review and
approval in support of the detailed design and peer review of a
level crossing at St. John’s Sideroad; and
3. That York Region be requested to implement a 24-hour train
whistle cessation for the level crossing at St. John’s Sideroad
on the Barrie GO Line; and
4. That York Region be requested to budget $1,000,000 in their
2023 budget to implement the necessary crossing upgrades for
anti-whistling; and
5. That the Train Whistle Cessation Program not be implemented
on roads under the Town’s jurisdiction.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
First, second, third, and fourth clauses
Carried (7 to 0)
Yeas (5): Mayor Mrakas, Councillor Gilliland, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Nays (2): Councillor Gaertner, and Councillor Gallo
Fifth clause
Carried (5 to 2)
8.2 General Committee Meeting Report of May 17, 2022
8.2.1 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region
Conservation Authority Board Meeting Highlights of March 25, 2022
Memorandum
1. That the memorandum regarding Lake Simcoe Region
Conservation Authority Board Meeting Highlights of March 25,
2022, be received for information.
Page 8 of 99
9
Carried
8.2.2 Community Recognition Review Advisory Committee Meeting
Minutes of April 25, 2022
Minutes
1. That the Community Recognition Review Advisory Committee
meeting minutes of April 25, 2022, be received for information.
Carried
8.2.3 Mayor's Golf Classic Funds Committee Meeting Minutes of April 28,
2022
Minutes
1. That the Mayor's Golf Classic Funds Committee meeting
minutes of April 28, 2022, be received for information.
Carried
8.2.4 Heritage Advisory Committee Meeting Minutes of May 2, 2022
Minutes
1. That the Heritage Advisory Committee meeting minutes of May
2, 2022, be received for information.
Carried
8.2.5 OPS22-010 - Off-Leash Dog Park and Trail Pilot Program
Report Attachment 1 Attachment 2
8.2.5 (a)
Moved by Councillor Kim
Seconded by Councillor Gilliland
1. That Report No. OPS22-010 be received; and
2. That dogs not be permitted within the environmentally sensitive
lands of the David Tomlinson Nature Reserve (DTNR) and
associated trails.
Motion to refer
Moved by Councillor Kim
Seconded by Councillor Gilliland
Page 9 of 99
10
That the recommendation “That dogs not be permitted within the
environmentally sensitive lands of the David Tomlinson Nature
Reserve (DTNR) and associated trails.” be referred back to staff.
Yeas (5): Mayor Mrakas, Councillor Gilliland, Councillor Humfryes,
Councillor Kim, and Councillor Thompson
Nays (2): Councillor Gaertner, and Councillor Gallo
Carried (5 to 2)
8.2.5 (b)
Main motion
Moved by Councillor Kim
Seconded by Councillor Thompson
1. That staff be directed to develop an off-leash strategy, including
park and trail location options and costs, and report back to
Council.
Amendment
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the main motion be amended by adding the following
clause:
“That the Darkwood Detention area be excluded from the list of
park and trail location options.”
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Carried (7 to 0)
Main motion as amended
Moved by Councillor Kim
Seconded by Councillor Thompson
1. That Report No. OPS22-010 be received; and
2. That staff be directed to develop an off-leash strategy, including
park and trail location options and costs, and report back to
Council; and
Page 10 of 99
11
3. That the Darkwood Detention area be excluded from the list of
park and trail location options.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo,
Councillor Gilliland, Councillor Humfryes, Councillor Kim, and
Councillor Thompson
Carried (7 to 0)
8.2.6 PDS22-072 - Green Development Standards Proposed Phase 1
Implementation Plan
Report Appendix A Presentation
1. That Report No. PDS22-072 be received; and
2. That the Green Development Standards Phase 1
Implementation Plan be approved.
Carried
8.2.7 CS22-034 - Modernized Fence By-law
Report Attachment 1
1. That Report No. CS22-034 be received; and
2. That a new Fence By-law be brought forward to a future Council
meeting for enactment to repeal and replace the current Fence
By-law No. 4753-05.P.
Carried
8.2.8 CS22-033 - Short-Term Rental (STR) By-law Amendments
Report Attachment 1 Attachment 2
1. That Report No. CS22-033 be received; and
2. That the amendments to the proposed demerit point system be
approved; and
3. That the recommended updates to Schedule “I” of the Town’s
Fees and Charges By-law, as presented in Attachment 2 of this
report be approved, and that the appropriate by-law amendment
be presented at a future Council meeting for enactment.
Carried
8.2.9 York Regional Council Highlights of April 28, 2022
Page 11 of 99
12
Regional Report
1. That the York Regional Council Highlights of April 28, 2022, be
received for information.
Carried
9. Consideration of Items Requiring Discussion (Regular Agenda)
Item 9.1 was considered prior to consideration of Section 8, Standing Committee
Reports.
9.1 CS22-036 - Mandatory Firefighter Certification
Deputy Chief Jeremy Inglis, Support Services, Central York Fire Services,
provided an update on the March 1, 2022 report submitted to the Joint
Council Committee regarding the Ontario Regulation enacted under the
Fire Protection and Prevention Act, 1997 that introduces mandatory
minimum certification standards for firefighters, effective July 1, 2022.
Moved by Councillor Thompson
Seconded by Councillor Gilliland
1. That Report No. CS22-036 be received for information.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
10. Motions
10.1 Councillor Humfryes; Re: Private Member's Bill C-233 "Keira's Law"
Moved by Councillor Humfryes
Seconded by Councillor Gilliland
Whereas violence against women is a Canadian public health crisis that
demands urgent action; and
Whereas one in four women experience domestic violence in their lifetime.
One woman or girl is killed every other day, on average, somewhere in our
country; and
Whereas the most dangerous time for a victim of abuse is when she
separates from her partner. According to research from the U.S. Centre for
Page 12 of 99
13
Disease Control and Prevention, when there is a history of coercive
control, violence and a recent separation, a woman’s risk of domestic
homicide goes up 900 times; and
Whereas the current Canadian court system is not equipped to protect
women. According to the National Judicial Institute, there is no mandatory
education for Judges on domestic violence. Judges need education on
what constitutes domestic violence or coercive control. A formal
education program would ensure another line of defense for victims, as
well as preventing violence and abuse before it happens; and
Whereas the COVID-19 pandemic has only exacerbated the domestic
violence crisis. Women’s shelters and crisis centres have reported a
marked increase in requests for services this year. The concerns for
children are significant. According to recent research from The Children’s
Hospital of Eastern Ontario, doctors have seen more than double the
number of babies with serious injuries as this time last year. These include
head injuries, broken bones or in some cases death. Institutions across
the country are reporting a similar trend; and
Whereas, according to Article 19 of the UN Convention on the Rights of the
Child, children must be protected from “all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or
exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has care of the child.” Our current
family justice system often fails our children in this regard; and
Whereas, in worst case scenarios, children are killed by a violent parent.
As reported by the Canadian Domestic Homicide Prevention Initiative,
recent separation and domestic violence are the two biggest risk factors
for domestic violence related child homicides; and
Whereas custody disputes are an additional risk factor. Each year in
Canada, about 30 children are killed by a parent. Mothers are responsible
about 40 per cent of the time, often due to postpartum depression or
mental illness. In the 60 per cent of cases where fathers are the
murderers, anger, jealousy or post-separation retaliatory revenge are the
usual motivations; and
Whereas Keira’s Law is named after four-year-old Keira Kagan, who was
killed while in the custody of her father, in 2020; and
Page 13 of 99
14
Whereas many cases of domestic violence are inappropriately labelled as
“high conflict” in the family court system. According to research by Rachel
Birnbaum, a Social Work Professor at the University of Western Ontario
who specializes in child custody, approximately one third of cases called
“high conflict” by the court had substantiated evidence of valid concerns
about domestic violence. These cases must be recognized and treated
differently by judges; and
Whereas voting in favour of “Keira’s Law”, contained in Private Member’s
Bill C-233, will not only protect victims of violence and children, it will save
lives by amending the Judges Act to establish seminars for judges on
intimate partner violence and coercive control;
1. Now Therefore Be It Hereby Resolved That Aurora Town Council calls
upon the House of Commons to support Member of Parliament Anju
Dhillon's Private Member’s Bill C-233, that will raise the level of
education on domestic violence and coercive control for federally
appointed Judges; and
2. Be It Further Resolved That a copy of this resolution be sent to: The
Right Honourable Justin Trudeau, Prime Minister of Canada; The
Honourable Karina Gould, MP, Minister of Families, Children and Social
Development; The Honourable Candice Bergen, Interim Leader of the
Conservative Party of Canada; Yves-Francois Blanchet, MP, Leader of
the Bloc Quebecois; Jagmeet Singh, MP, Leader of the New
Democratic Party; MP Tony Van Bynen; and MP Leah Taylor Roy; and
3. Be It Further Resolved That a copy of this resolution be circulated to all
Ontario municipalities and the Federation of Canadian Municipalities
(FCM).
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
10.2 Councillor Kim; Re: Request for Traffic Control Signals – Kaleia
Avenue/Elyse Court and Wellington Street East
Moved by Councillor Kim
Seconded by Councillor Gilliland
Page 14 of 99
15
Whereas the residents and homeowners on both the south and north
sides of Wellington Street East, on Kaleia Avenue and Elyse Court of the
Town of Aurora, have written and signed a petition to request the
installation of a traffic light at the intersection; and
Whereas, over the past two years, there have been numerous requests by
the subdivision residents expressing concerns in writing to York Region
since 2020 requesting the installation of a traffic light; and
Whereas the installation of traffic control signals at Kaleia Avenue/Elyse
Court and Wellington Street East would provide increased ease and
comfort for the community to access Wellington Street East, especially
during morning and evening rush hour periods; and
Whereas York Region has advised that traffic control signals are not
warranted at this time based on Regional policy; and
Whereas York Regional Council has previously authorized the installation
of unwarranted traffic control signals, subject to the local municipality
agreeing to be responsible for all installation costs, plus annual
maintenance costs, until such time that the intersection satisfies the
Region’s policy criteria; and
Whereas York Region staff have advised the estimated Capital cost for
installing traffic control signals is $250,000 and the estimated annual
Operating cost for this traffic control signal is $7,800 with ten years of
operating costs ($78,000) payable in year one;
1. Now Therefore Be It Hereby Resolved That Aurora Town Council
requests York Region to install traffic control signals at Kaleia
Avenue/Elyse Court and Wellington Street East and have them
operational no later than 2023; and
2. Be It Further Resolved That subject to York Region Council approving
the installation of the traffic control signals, a new project entitled
Traffic Control Signals – Kaleia Ave/Elyse Ct and Wellington St E be
added to the 2023 Capital Budget in the amount of $250,000, plus 10
percent contingency and administration fees funded by Roads and
Related Development Charges; and
3. Be It Further Resolved That, should a 2023 Capital Project be added,
staff be directed to add the annual operating costs to the 2023
Operating budget for consideration by Council.
Page 15 of 99
16
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
10.3 Councillor Thompson; Re: Mandatory Firefighter Certification
Moved by Councillor Thompson
Seconded by Councillor Humfryes
Whereas municipal governments provide essential services to the
residents and businesses in their communities; and
Whereas the introduction of new provincial policies and programs can
have an impact on municipalities; and
Whereas municipal governments are generally supportive of efforts to
modernize and enhance the volunteer and full-time fire services that serve
Ontario communities; and
Whereas the Association of Municipalities of Ontario (AMO) believes in
principle that fire certification is a step in the right direction, it has not
endorsed the draft regulations regarding firefighter certification presented
by the Province; and
Whereas municipalities and AMO are concerned the thirty-day
consultation period was insufficient to fully understand the effects such
regulations will have on municipal governments and their fire services; and
Whereas fire chiefs have advised that the Ontario firefighter certification
process will create additional training and new costs pressures on fire
services; and
Whereas the Ontario government has not provided any indication they will
offer some form of financial support to deliver this service; and
Whereas AMO, on behalf of municipal governments, in a letter to Solicitor
General Jones dated February 25, 2022, made numerous comments and
requests to address the shortcomings in the draft regulations;
1. Now Therefore Be It Hereby Resolved That the Town of Aurora does
hereby support AMO’s recommendations; and
2. Be It Further Resolved That the Town of Aurora does hereby call on the
Solicitor General of Ontario to work with AMO, municipal governments
Page 16 of 99
17
and fire chiefs across Ontario to address the concerns raised so that
municipalities can continue to offer high quality services to their
communities; and
3. Be It Further Resolved That a copy of this Motion be sent to the
Association of Municipalities of Ontario (AMO), the Ontario Small
Urban Municipalities (OSUM), and all Ontario municipalities for their
consideration.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
11. New Business
Councillor Gallo requested clarification on the protocol for permitted use of the
Council Chambers, and staff provided a response.
Councillor Humfryes inquired about whether any assistance could be provided to
residents whose properties have sustained severe damage during the past
weekend's storm, particularly in the Heritage District area.
Councillor Gilliland inquired about the Town’s emergency preparedness review
and whether severe weather events would be included in the plan, and staff and
the Mayor provided a response.
Councillor Gilliland expressed appreciation to staff for their quick response to the
impacts of the recent storm. She further provided comment and suggestions on
the Town's communication options regarding such events.
Councillor Gilliland provided clarification on her position regarding the GO train
whistle cessation program.
Councillor Gaertner expressed appreciation to staff and residents for their efforts
in cleaning up after the recent storm. She inquired about whether the Town
would offer a special yard waste curbside pickup for storm debris, and the Mayor
and staff provided a response.
Councillor Gaertner inquired about the cleanup plans and trail safety in the
Sheppard's Bush Conservation Area, and staff provided a response.
Page 17 of 99
18
Mayor Mrakas expressed appreciation to staff, emergency services, residents,
and Alectra Utilities for their efforts in the post-storm cleanup.
12. By-laws
12.1 By-law Number 6420-22 - Being a By-law to set and levy the rates of
Taxation for the taxation year 2022.
12.2 By-law Number 6421-22 - Being a By-law to amend By-law Number 6234-20,
to appoint a Deputy Treasurer for The Corporation of the Town of Aurora.
12.3 By-law Number 6422-22 - Being a By-law to amend By-law Number 6182-19,
the designating by-law of a property to be of cultural heritage value or
interest (De La Salle College and Pine Ridge Trail (Monk’s Walk) – 50-100
Bloomington Road West).
Moved by Councillor Thompson
Seconded by Councillor Kim
That the By-laws, items 12.1 to 12.3 inclusive, be enacted.
Yeas (7): Mayor Mrakas, Councillor Gaertner, Councillor Gallo, Councillor
Gilliland, Councillor Humfryes, Councillor Kim, and Councillor Thompson
Carried (7 to 0)
13. Closed Session
None.
14. Confirming By-law
14.1 By-law No. 6423-22 Being a By-law to confirm actions by Council resulting
from a Council meeting on May 24, 2022
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the confirming by-law be enacted.
Carried
15. Adjournment
Page 18 of 99
19
Moved by Councillor Gilliland
Seconded by Councillor Kim
That the meeting be adjourned at 9:42 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
Page 19 of 99
1
Town of Aurora
Council Closed Session Public
Meeting Minutes
Date:
Time:
Location:
Tuesday, May 17, 2022
5:45 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Tom Mrakas (Chair)
Councillor Wendy Gaertner*
Councillor Michael Thompson
Councillor Rachel Gilliland
Councillor John Gallo
Members Absent: Councillor Harold Kim
Councillor Sandra Humfryes
Other Attendees: Doug Nadorozny, Chief Administrative Officer
John Firman, Manager, Business Support Services*
Patricia De Sario, Town Solicitor*
Michael de Rond, Town Clerk
*Attended electronically
_____________________________________________________________________
1. Call to Order
The Mayor called the meeting to order at 5:45 p.m.
Council consented to resolve into a Closed Session at 5:46 p.m.
Council reconvened into open session at 6:19 p.m.
2. Approval of the Agenda
Moved by Councillor Thompson
Seconded by Councillor Gilliland
That the confidential Council Closed Session agenda be approved.
Carried
Page 20 of 99
2
3. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
4. Consideration of Items Requiring Discussion
Moved by Councillor Gilliland
Seconded by Councillor Gallo
That Council resolve into a Closed Session to consider the following matter:
1. A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board (Section 239(2)(k) of the Municipal Act, 2001); Re: Council
Closed Session Report No. CMS22-028 - Facility Naming Rights Proposal -
Aurora Sports Dome
Carried
4.1 Council Closed Session Report No. CMS22-028 - Facility Naming Rights
Proposal - Aurora Sports Dome
A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board (Section 239(2)(k) of the Municipal Act, 2001)
Moved by Councillor Thompson
Seconded by Councillor Gaertner
1. That Council Closed Session Report No. CMS22-028 be received; and
2. That the confidential direction to staff be confirmed.
Yeas (5): Mayor Mrakas, Councillor Gaertner, Councillor Thompson,
Councillor Gilliland, and Councillor Gallo
Absent (2): Councillor Kim, and Councillor Humfryes
Carried (5 to 0)
5. Confirming By-law
5.1 By-law No. 6418-22 Being a By-law to confirm actions by Council resulting
from a Council Closed Session on May 17, 2022
Page 21 of 99
3
Moved by Councillor Gallo
Seconded by Councillor Gaertner
That the confirming by-law be enacted.
Carried
6. Adjournment
Moved by Councillor Thompson
Seconded by Councillor Gilliland
That the meeting be adjourned at 7:02 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
Page 22 of 99
1
Town of Aurora
Council Closed Session Public
Meeting Minutes
Date:
Time:
Location:
Tuesday, May 24, 2022
5:45 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Tom Mrakas (Chair)
Councillor Wendy Gaertner*
Councillor Sandra Humfryes
Councillor Michael Thompson
Councillor John Gallo
Members Absent: Councillor Harold Kim
Councillor Rachel Gilliland
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Robin McDougall, Director of Community Services (departed
6:15 p.m.)
John Firman, Manager, Business Support* (departed 6:15 p.m.)
Demetre Rigakos, Manager, Human Resources* (departed 6:15
p.m.)
Phillip Rose, Manager, Aurora Town Square (departed 6:15 p.m.)
Patricia De Sario, Town Solicitor (departed 6:15 p.m.)
Michael de Rond, Town Clerk
*Attended electronically
______________________________________________________________________
1. Call to Order
The Mayor called the meeting to order at 5:45 p.m.
Council consented to resolve into a Closed Session at 5:45 p.m.
Council reconvened into open session at 6:41 p.m.
Councillor Gaertner was present for the Closed Session meeting, but not present
when reporting out occurred.
Page 23 of 99
2
2. Approval of the Agenda
Moved by Councillor Humfryes
Seconded by Councillor Thompson
That the confidential Council Closed Session agenda be approved with the
following addition:
3. Personal matters about an identifiable individual, including municipal or
local board employees (Section 239(2)(c) of the Municipal Act, 2001); Re:
Verbal Update from the CAO
Carried
3. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
4. Consideration of Items Requiring Discussion
Moved by Councillor Gilliland
Seconded by Councillor Humfryes
That Council resolve into a Closed Session to consider the following matters:
1. A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board (Section 239(2)(k) of the Municipal Act, 2001); Re: Council
Closed Session Report No. CMS22-024 – Aurora Town Square – Capital
Campaign Status Update
2. A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board (Section 239(2)(k) of the Municipal Act, 2001); Re: Council
Closed Session Report No. CMS22-025 – Provision of Cultural Services
Agreement Status Update
3. Personal matters about an identifiable individual, including municipal or local
board employees (Section 239(2)(c) of the Municipal Act, 2001); Re: Verbal
Update from the CAO
Carried
Page 24 of 99
3
4.1 Council Closed Session Report No. CMS22-024 - Aurora Town Square -
Capital Campaign Status Update
A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board (Section 239(2)(k) of the Municipal Act, 2001)
Moved by Councillor Thompson
Seconded by Councillor Humfryes
1. That Council Closed Session Report No. CMS22-024 be received; and
2. That the confidential direction to staff be confirmed.
Yeas (3): Mayor Mrakas, Councillor Humfryes, and Councillor Thompson
Nays (1): Councillor Gallo
Absent (3): Councillor Kim, Councillor Gaertner, and Councillor Gilliland
Carried (3 to 1)
4.2 Council Closed Session Report No. CMS22-025 - Provision of Cultural
Services Agreement Status Update
A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the
municipality or local board (Section 239(2)(k) of the Municipal Act, 2001)
Motion to defer
Moved by Councillor Thompson
Seconded by Councillor Gallo
1. That Council Closed Session Report No. CMS22-025 be deferred to a
future Closed Session meeting.
Yeas (4): Mayor Mrakas, Councillor Humfryes, Councillor Thompson, and
Councillor Gallo
Absent (3): Councillor Kim, Councillor Gaertner, and Councillor Gilliland
Carried (4 to 0)
4.3 Verbal Update from the CAO
Personal matters about an identifiable individual, including municipal or
local board employees (Section 239(2)(c) of the Municipal Act, 2001)
Page 25 of 99
4
Moved by Councillor Gallo
Seconded by Councillor Thompson
1. That the verbal update from the CAO be received for information.
Yeas (4): Mayor Mrakas, Councillor Humfryes, Councillor Thompson, and
Councillor Gallo
Absent (3): Councillor Kim, Councillor Gaertner, and Councillor Gilliland
Carried (4 to 0)
5. Confirming By-law
5.1 By-law No. 6419-22 Being a By-law to confirm actions by Council resulting
from a Council Closed Session on May 24, 2022
Moved by Councillor Humfryes
Seconded by Councillor Gallo
That the confirming bylaw be enacted.
Carried
6. Adjournment
Moved by Councillor Humfryes
Seconded by Councillor Gallo
That the meeting be adjourned at 7:03 p.m.
Carried
Tom Mrakas, Mayor Michael de Rond, Town Clerk
Page 26 of 99
1
Town of Aurora
General Committee
Meeting Report
Date:
Time:
Location:
Tuesday, June 7, 2022
7 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Tom Mrakas (Chair)
Councillor Wendy Gaertner*
Councillor John Gallo
Councillor Sandra Humfryes
Councillor Harold Kim
Councillor Michael Thompson
Members Absent: Councillor Rachel Gilliland
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations
Robin McDougall, Director of Community Services*
Marco Ramunno, Director of Planning and Development Services
Techa van Leeuwen, Director of Corporate Services
Rachel Wainwright-van Kessel, Director of Finance
Lisa Hausz, Manager, Economic Development and Policy*
Carley Smith, Manager, Corporate Communications*
Alexander Wray, Manager, By-law Services*
Patricia De Sario, Town Solicitor*
Michael de Rond, Town Clerk
Linda Bottos, Council/Committee Coordinator
*Attended electronically
_____________________________________________________________________
1. Call to Order
The Mayor called the meeting to order at 7 p.m.
Page 27 of 99
2
2. Land Acknowledgement
General Committee acknowledged that the meeting took place on the traditional
and treaty territory of the Anishinaabe and many other Nations whose presence
here continues to this day, and that Aurora has shared responsibility for the
stewardship of this land. It was noted that Aurora is part of the treaty lands of
the Mississaugas of the Credit, recognized through Treaty #13 and the Williams
Treaties of 1923.
3. Approval of the Agenda
General Committee approved the agenda as circulated by Legislative Services.
That the agenda as circulated by Legislative Services be approved.
4. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
5. Community Presentations
5.1 Javed S. Khan, President & Chair, and Wendy Browne, Chair, Induction
Committee, Aurora Sports Hall of Fame; Re: Aurora Sports Hall of Fame
2022 Class of Inductees
General Committee consented to allow ten minutes for the presentation.
Javed Khan and Wendy Browne announced the 2022 Class of Inductees to
the Aurora Sports Hall of Fame: Marco Di Girolamo, Athlete (Rugby); Dave
Giroux, Builder/Contributor (Baseball); Janice (Shepp) Jones, Athlete
(Swimming); and Colin S. 'Pop' Nisbet, Builder/Contributor (Golf). An
invitation was extended to all to attend the Induction Celebration Dinner
on Thursday, November 10, 2022, at the Royal Venetian Mansion.
General Committee received the presentation for information.
6. Delegations
None.
Page 28 of 99
3
7. Consent Agenda
None.
8. Advisory Committee Meeting Minutes
General Committee recommends:
That the Advisory Committee Meeting Minutes, items 8.1 to 8.4 inclusive, be
received for information.
Carried
8.1 Environmental Advisory Committee Meeting Minutes of May 4, 2022
1. That the Environmental Advisory Committee meeting minutes of May
4, 2022, be received for information.
Carried
8.2 Finance Advisory Committee Meeting Minutes of May 9, 2022
1. That the Finance Advisory Committee meeting minutes of May 9, 2022,
be received for information.
Carried
8.3 Accessibility Advisory Committee Meeting Minutes of May 11, 2022
1. That the Accessibility Advisory Committee meeting minutes of May 11,
2022, be received for information.
Carried
8.4 Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of May 18,
2022
1. That the Anti-Black Racism and Anti-Racism Task Force meeting
minutes of May 18, 2022, be received for information.
Carried
9. Consideration of Items Requiring Discussion (Regular Agenda)
9.1 CS22-037 - Administrative Monetary Penalty System (AMPS)
General Committee recommends:
Page 29 of 99
4
1. That Report No. CS22-037 be received; and
2. That staff be authorized to implement the necessary processes and
procedures for the Administrative Monetary Penalty System (AMPS);
and
3. That staff bring forward the Administrative Penalty By-law at a future
Council meeting for enactment; and
4. That staff bring forward the Screening and Hearing Officer By-law at a
future Council meeting for enactment; and
5. That staff bring forward amendments to the Parking Control By-law
#4574-04.T, as amended, at a future Council meeting for enactment.
Carried
9.2 OPS22-011 - Fleet Division Purchases
General Committee recommends:
1. That Report No. OPS22-011 be received; and
2. That the Capital Budget authority for Project No.34436 – Six-ton Diesel
Dump Plow/Sander Truck be increased by $52,900 to a total of
$352,900, to be funded from the Fleet Repair and Replacement
Reserve; and
3. That the planned 2023 capital budget authority of $352,900 for Project
No. 34564 – New Six-ton Diesel Dump Plow/Sander Truck, be
advanced to 2022 and approved, to be funded from by $317,800 from
Roads & Related Development Charges and $35,100 from the Growth
and New Reserve; and
4. That staff be directed to implement an additional in-house winter
maintenance route in 2024.
Carried
9.3 FIN22-018 - 2023 Budget Timeline and Process
General Committee recommends:
1. That Report No. FIN22-018 be received; and
2. That the proposed budget timeline as detailed in Table 3 be approved.
Carried
Page 30 of 99
5
9.4 FIN22-019 - Procurement Modernization Update - Annual Software Costs
General Committee recommends:
1. That Report No. FIN22-019 be received; and
2. That the recommended changes, as summarized in Table 1, to the
procurement policy and by-law in this report be approved; and
3. That staff be directed to bring forward the amending by-law to the
June 28 Council meeting for approval; and
4. That a non-standard procurement for $611,100 over a five-year term be
awarded to WAMCO for the annual licencing and maintenance costs to
support the automated water meter reading technology capital project
number 40355.
Carried
9.5 PDS22-089 - Community Improvement Plan Review - Public Meeting
General Committee recommends:
1. That Report No. PDS22-089 be received for information.
Carried
10. Notices of Motion
10.1 Councillor Gilliland; Re: Natural Capital Asset Management Planning for
Municipal Infrastructure
Whereas the last economic value of natural capital assets associated with
the Ecosystem Protection Review was in 2013, but did not fall in line with
the Asset Management Planning for Municipal Infrastructure, Ontario
Regulation 588/17; and
Whereas the land values have changed significantly in the last 10 years;
and
Whereas natural capital assets are becoming more at risk of
endangerment and identified as important key recommended assets in
mitigating climate change and adaptation plans; and
Page 31 of 99
6
Whereas a natural capital assets study should also include stewardship
plans and maintenance best practices to enhance and protect these
features; and
Whereas the Town of Aurora supported a climate emergency for the
purposes of naming and deepening our commitment to protecting our eco
systems;
1. Now Therefore Be It Hereby Resolved That a study to establish the
economic value of the Town-owned natural capital assets be included
in the 2023 Capital Budget for Council discussion and consideration;
and
2. Be It Further Resolved That the study should align with the Asset
Management Planning for Municipal Infrastructure, Ontario Regulation
588/17, with recommended stewardship plans and maintenance best
practices to enhance and protect these features.
11. Regional Report
11.1 York Region Council Highlights of May 26, 2022
General Committee recommends:
1. That the York Regional Council Highlights of May 26, 2022, be received
for information.
Carried
12. New Business
Councillor Gaertner expressed appreciation for the improvements to the Climate
Change Considerations section of staff reports.
13. Public Service Announcements
Councillor Humfryes extended a reminder that the Aurora Farmers' Market and
Artisan Fair is held each Saturday from 8 a.m. to 1 p.m. at Town Park, and added
that the final competition of the Aurora Performing Arts Festival would also be
held at Town Park on Saturday, June 11, 2022.
Mayor Mrakas announced the following updates and activities in Aurora:
Page 32 of 99
7
June is National Indigenous History Month and June 21, 2022, is National
Indigenous People's Day; visit aurora.ca/indigenouspeoples for information on
celebrations and activities across Canada and in Aurora.
June is Pride Month and the York Pride Parade will be held on June 18, 2022.
June is Recreation and Parks Month; visit aurora.ca/recreationparksmonth for
more information.
Celebrations for Canada Day will be held on June 30 and July 1, 2022; visit
aurora.ca/canadaday for more details.
Aurora's Go Green Challenge starts on July 1, 2022, for 30 days of green-
themed challenges; register at aurora.ca/gogreen.
The Town is seeking the community's input on the upcoming 2023 Budget;
complete the online survey at engageaurora.ca/budget2023 and be
automatically entered into a draw for a $250 gift card.
Councillor Gaertner expressed appreciation to Gord Sheppard and the Aurora
Community Band for their performance at the Queen's Platinum Jubilee
celebrations at Town Park.
Mayor Mrakas announced the recent unveiling of a new bench, dedicated to Her
Majesty's 70th anniversary on the Throne, in the Town's Queen's Diamond
Jubilee Park on John West Way.
Mayor Mrakas announced the recent official unveiling of the first street wall
mural in the Town's historic downtown.
Councillor Gaertner noted the Pride flag raising held at Town Hall on June 1,
2022, in honour of Pride Month.
14. Closed Session
None.
15. Adjournment
The meeting was adjourned at 8:09 p.m.
Page 33 of 99
1
Town of Aurora
General Committee
Meeting Report
Date:
Time:
Location:
Tuesday, June 21, 2022
7:00 p.m.
Council Chambers, Aurora Town Hall
Council Members: Councillor Sandra Humfryes (Chair, departed at 10:18 p.m.)
Mayor Tom Mrakas (Chair)
Councillor Harold Kim
Councillor Wendy Gaertner*
Councillor Michael Thompson (departed at 10:15 p.m.)
Councillor Rachel Gilliland
Councillor John Gallo
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Allan Downey, Director of Operations*
Robin McDougall, Director of Community Services
Marco Ramunno, Director of Planning and Development Services
Techa van Leeuwen, Director of Corporate Services
Rachel Wainwright-van Kessel, Director of Finance*
Anca Mihail, Manager of Engineering and Capital Delivery*
Edward Terry, Senior Policy Planner*
Lisa Warth, Manager, Recreation
Doug Bertrand, Manager, Facilities*
Andrea Vento, Program Manager, Facility and Capital Projects*
Phillip Rose, Manager, Aurora Town Square
Carley Smith, Manager, Corporate Communications*
Patricia De Sario, Town Solicitor*
Michael de Rond, Town Clerk
Jaclyn Grossi, Deputy Town Clerk
Ishita Soneji, Council/Committee Coordinator
*Attended electronically
_____________________________________________________________________
Page 34 of 99
2
1. Call to Order
The Chair called the meeting to order at 7 p.m.
General Committee recessed the meeting at 7:01 p.m. to report out of Closed
Session and reconvened the meeting at 7:04 p.m.
General Committee consented to recess the meeting at 8:54 p.m. and
reconvened the meeting at 9:05 p.m.
Mayor Mrakas assumed the Chair after the departure of Councillor Humfryes at
10:18 p.m.
General Committee consented to extend the hour past 10:30 p.m.
2. Land Acknowledgement
General Committee acknowledged that the meeting took place on the
Anishinaabe lands and the traditional and Treaty #20 territories of the Chippewas
of Georgina Island and many other Nations whose presence here continues to
this day, and that Aurora has shared responsibility for the stewardship of this
land. It was noted that Aurora is part of the treaty lands of the Mississaugas of
the Credit, recognized through Treaty #13 and the Williams Treaties of 1923.
3. Approval of the Agenda
General Committee approved the revised agenda as circulated by Legislative
Services.
4. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
5. Community Presentations
None.
Page 35 of 99
3
6. Delegations
6.1 Phiona Durrant and Keisha Telfer, Aurora Black Community; Re: Aurora
Black Community Year-to-Date Update
Phiona Durrant presented a video highlighting the Aurora Black
Community's one-year progress including details on the achievements,
programs and celebrations and its impact on the community and
performance statistics. She further provided details on the upcoming
events, next steps, and extended appreciation to Members of Council for
their continuous support.
General Committee received the comments of the delegation.
6.2 Bruce Hall, Principal, The Planning Partnership; Re: Item 9.6 - PDS22-023 -
Application for Zoning By-law Amendment, Site Plan and Heritage Permit,
2578461 Ontario Inc., 15356 Yonge Street
Bruce Hall provided background information on the application and
process thus far noting the collaborative efforts taken in conjunction with
the Aurora Historical Society (AHS) and the Ontario Heritage Trust to
ensure impacts to the Hillary House are minimized during the construction
process. He further noted that any comments, suggestions, and concerns
from area residents, the Design Review Panel, and the Heritage Advisory
Committee have been addressed and requested that the application be
approved.
General Committee received and referred the comments of the delegation
to Item 9.6.
7. Consent Agenda
None.
8. Advisory Committee Meeting Minutes
None.
Page 36 of 99
4
9. Consideration of Items Requiring Discussion (Regular Agenda)
General Committee consented to consider the items in the following order: 9.6,
9.1, 9.8, 9.9, 9.5, 9.2, 9.3, 9.4, and 9.7.
9.1 CMS22-036 - SARC Gymnasium Update - Final Design and Budget Update
Lisa Warth, Manager, Recreation, provided an update on the final design
and budget for the Stronach Aurora Recreation Complex (SARC) gym
addition including details on the proposed renovations, process in
determining the net operating budget and savings, and the next steps
regarding tendering and construction. Ryan Giuricich, Associate from
CS&P Architects, presented an interactive 3-D model of the proposed final
design.
General Committee recommends:
1. That Report No. CMS22-036 be received; and
2. That total capital budget authority for capital project No. 72410 –
SARC Gymnasium of $11,125,000 be approved, representing an
increase of $2,925,000 to be funded from $1,692,100 in additional
Parks & Recreation DCs and $1,232,900 from the Growth & New
reserve; and
3. That in accordance with the Town of Aurora’s Official Plan, 1% of the
total estimated project cost contribution to the Public Art reserve fund
be approved; and
4. That staff be authorized to proceed to tender and award for this
project in accordance with procurement procedures; and
5. That the draft operating budget be approved and included in a future
year.
Carried
9.2 PDS22-102 - Town of Aurora Official Plan Review - Draft Official Plan
Amendment
David Riley, Principal, SGL Planning, provided an overview of the Official
Plan review process thus far and highlighted the key proposed
Page 37 of 99
5
amendments in the various sections of the plan and the next steps
regarding public consultation and further approvals. Paul Lowes, Principal,
SGL Planning, was in attendance to respond to questions.
General Committee recommends:
1. That Report No. PDS22-102 be received; and
2. That the Draft Official Plan Amendment be formally released for public
review and comment; and
3. That staff report back to a future General Committee meeting in the
next term of Council early 2023 to present the revised Official Plan
Amendment based on feedback received.
Carried
9.3 CMS22-029 - Aurora Town Square Governance - Town Staffing - Update 2
General Committee recommends:
1. That Report No. CMS22-029 be received for information.
Carried
9.4 CMS22-030 - Diversity and Inclusion Mural - Design Approval
General Committee recommends:
1. That Report No. CMS22-030 be received; and
2. That the Mural Design prepared by Moonlight Murals Collective be
approved; and
3. That the mural be located on the side of building at 15105 Yonge
Street.
Carried
9.5 CS22-038 - Restricted Acts (Lame Duck)
General Committee recommends:
1. That Report No. CS22-038 be received; and
Page 38 of 99
6
2. That a by-law delegating authority to the CAO be brought forward to
the July 12, 2022 Council meeting.
Carried
9.6 PDS22-023 - Application for Zoning By-law Amendment, Site Plan and
Heritage Permit, 2578461 Ontario Inc., 15356 Yonge Street, PLAN 246 LOT
13 PT LOT 14 RP 65R31151 PARTS 1 TO 3, File Number: ZBA-2017-06 and
SP-2017-05
General Committee recommends:
1. That Report No. PDS22-023 be received; and
2. That Zoning By-law Amendment Application ZBA-2017-06 be approved
to rezone the subject lands from “Promenade Downtown Shoulder-
Special Mixed Density 'PDS4(380)’ Exception Zone, Environmental
Protection ‘EP(381)’ Exception Zone, and Environmental Protection
(EP) Zone” to ““Promenade Downtown Shoulder- Special Mixed Density
'PDS4(380)’ Exception Zone and Environmental Protection ‘EP’ Zone”;
and
3. That an implementing Zoning By-law Amendment be brought forward
to a future Council Meeting for enactment; and
4. That Site Plan Application SP-2017-05 be approved to permit the
development of a four-storey residential apartment with 35 units with
two levels of underground parking; and
5. That Heritage Permit Application HPA-2022-05 be approved to permit
the restoration of the Knowles-Readman House; and
6. That servicing be allocated to service the development with 35 units
(60 persons equivalent); and
7. That in accordance with Section 45 (1.4) of the Planning Act, 1990
R.S.O., as amended, an exemption to the two-year moratorium on
minor variance applications after adoption of a privately initiated
zoning by-law amendment be granted to permit the submission of a
minor variance application(s), if required, for consideration by the
Committee of Adjustment.
Carried
Page 39 of 99
7
9.7 PDS22-042 - Review of the Aurora Register of Properties of Cultural
Heritage Value or Interest
General Committee recommends:
1. That Report No. PDS22-042 be received; and
2. That the “Town of Aurora Cultural Heritage Evaluation Checklist” to
evaluate properties for cultural heritage interest be adopted; and
3. That the 30 properties contained within the Aurora Register of
Properties of Cultural Heritage Value or Interest be designated under
Part IV of the Ontario Heritage Act in accordance with the Heritage
Consultant’s recommendations; and
4. That the Town Clerk be authorized to publish and serve Council’s
Notice of Intention to Designate the 30 properties in accordance with
the requirements of the Ontario Heritage Act; and
5. That the designation by-laws for the 30 properties be brought before
Council for adoption if no objections are received within the thirty (30)
day period as per the Ontario Heritage Act; and
6. That 57 properties contained within the Aurora Register of Properties
of Cultural Heritage Value or Interest be delisted in accordance with
the Heritage Consultant’s recommendations.
Carried
9.8 PDS22-082 - Heritage Permit Application, File: HPA-2022-06, 20 Catherine
Avenue
General Committee recommends:
1. That Report No. PDS22-082 be received; and
2. That Heritage Permit Application HPA-2022-06 be approved to permit
a two-storey rear addition to the existing dwelling at 20 Catherine
Avenue.
Carried
Page 40 of 99
8
9.9 PDS22-103 - Snow Disposal Facility - Request for Additional Budget
General Committee recommends:
1. That Report No. PDS22-103 be received; and
2. That the total approved capital budget authority for Project No. 34006
be increased to $1,761,900.00, representing an increase of $452,900 to
be funded by $312,500 in Roads & Related development charges and
$140,400 from the Storm Water Reserve.
Carried
10. Notices of Motion
10.1 Councillor Humfryes; Re: Traffic Safety on Wells Street
Whereas Wells Street has increasingly more traffic and high-speed
vehicular activity; and
Whereas Wells Street at Connaught Avenue and Wells Street at Harrison
Avenue have four-way intersections; and
Whereas with the development of our vibrant Downtown Core (The Aurora
Town Square), vehicular traffic and speed will only increase;
1. Now Therefore Be It Hereby Resolved That staff be directed to install
four-way stops at the following intersections:
a. Wells Street and Connaught Avenue; and
b. Wells Street and Harrison Avenue
11. Regional Report
None.
12. New Business
Councillor Gaertner acknowledged that it is National Indigenous Peoples Day.
She further noted that the Constellations Music Festival, sponsored by the Aurora
Page 41 of 99
9
Cultural Centre, will be held on Saturday, June 25, 2022, at Town Park from 7 p.m.
to 10 p.m.
Councillor Gaertner inquired about York Region Transit offering transit support to
any Ukrainian refugees in the Region, and the Mayor provided a response.
Councillor Gaertner extended appreciation to Members of Council and staff for
accommodating her virtual attendance at Committee and Council meetings.
13. Public Service Announcements
Mayor Mrakas noted that in commemoration of National Indigenous Peoples
Day, an art piece by Ojibwe artist Donald Chretian was unveiled at Town Park
earlier today and encouraged everyone to view the public art display.
14. Closed Session
None.
15. Adjournment
The meeting was adjourned at 10:56 p.m.
Page 42 of 99
1
Town of Aurora
Budget Committee
Meeting Report
Date:
Time:
Location:
Tuesday, June 7, 2022
6:15 p.m.
Council Chambers, Aurora Town Hall
Council Members: Mayor Tom Mrakas (Chair)
Councillor Wendy Gaertner*
Councillor John Gallo
Councillor Sandra Humfryes (arrived 6:18 p.m.)
Councillor Harold Kim*
Members Absent: Councillor Rachel Gilliland
Councillor Michael Thompson
Other Attendees: Doug Nadorozny, Chief Administrative Officer
Rachel Wainwright-van Kessel, Director of Finance
Jason Gaertner, Manager, Financial Management
Sandeep Dhillon, Senior Advisor, Financial Management*
Tracy Evans, Advisor, Financial Management*
Carley Smith, Manager, Corporate Communications*
Michael de Rond, Town Clerk
Linda Bottos, Council/Committee Coordinator
*Attended electronically
_____________________________________________________________________
1. Call to Order
The Mayor called the meeting to order at 6:17 p.m.
2. Land Acknowledgement
Budget Committee acknowledged that the meeting took place on the traditional
and treaty territory of the Anishinaabe and many other Nations whose presence
here continues to this day, and that Aurora has shared responsibility for the
Page 43 of 99
2
stewardship of this land. It was noted that Aurora is part of the treaty lands of the
Mississaugas of the Credit, recognized through Treaty #13 and the Williams
Treaties of 1923.
3. Approval of the Agenda
Budget Committee approved the agenda as circulated by Legislative Services.
4. Declarations of Pecuniary Interest and General Nature Thereof
There were no declarations of pecuniary interest under the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50.
5. Delegations - Opportunity for Members of the Public to Provide Input Regarding
the 2023 Operating and Capital Budgets
No delegation requests were received from the public.
The Mayor encouraged residents to visit www.aurora.ca/budget2023 to provide
comment on the upcoming 2023 Budget.
6. Adjournment
The meeting was adjourned at 6:20 p.m.
Page 44 of 99
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Motion
Notice given June 7, 2022
_______________________________________________________________________________________
Re: Natural Capital Asset Management Planning for Municipal Infrastructure
To: Mayor and Members of Council
From: Councillor Rachel Gilliland
Date: June 28, 2022
_______________________________________________________________________________________
Whereas the last economic value of natural capital assets associated with the
Ecosystem Protection Review was in 2013, but did not fall in line with the Asset
Management Planning for Municipal Infrastructure, O Reg 588/17; and
Whereas the land values have changed significantly in the last 10 years; and
Whereas natural capital assets are becoming more at risk of endangerment and
identified as important key recommended assets in mitigating climate change and
adaptation plans; and
Whereas a natural capital assets study should also include stewardship plans and
maintenance best practices to enhance and protect these features; and
Whereas the Town of Aurora supported a climate emergency for the purposes of
naming and deepening our commitment to protecting our eco systems;
1.Now Therefore Be It Hereby Resolved That a study to establish the economic value
of the Town owned natural capital assets be included in the 2023 Capital Budget for
Council discussion and consideration; and
2.Be It Further Resolved That the study should align with the Asset Management
Planning for Municipal Infrastructure, O Reg 588/17, with recommended
stewardship plans and maintenance best practices to enhance and protect these
features.
Page 45 of 99
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Motion
Notice given June 21, 2022
_______________________________________________________________________________________
Re: Traffic Safety on Wells Street
To: Mayor and Members of Council
From: Councillor Sandra Humfryes
Date: June 28, 2022
_______________________________________________________________________________________
Whereas Wells Street has increasingly more traffic and high-speed vehicular activity;
and
Whereas Wells Street at Connaught Avenue and Wells Street at Harrison Avenue have
four-way intersections; and
Whereas with the development of our vibrant Downtown Core (The Aurora Town
Square), vehicular traffic and speed will only increase;
1. Now Therefore Be It Hereby Resolved That staff be directed to install four-way
stops at the following intersections:
a) Wells Street and Connaught Avenue; and
b) Wells Street and Harrison Avenue
Page 46 of 99
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to regulate and license Short Term Rentals
in the Town of Aurora.
Whereas Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”) as
amended, provides that powers of a municipality shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its
affairs as it considers appropriate and to enhance the municipality’s ability to respond
to municipal issues;
And whereas Section 11(3) of the Act provides that a municipality may pass by-laws
respecting business licensing;
And whereas Section 11 of the Act provides that a municipality may pass by-laws
respecting consumer protection, parking, the health, safety, and well-being of persons,
and the economic, social, and environmental well-being of the municipality;
And whereas Section 151 of the Act provides that a municipality may license, regulate
and govern any business, wholly or partly carried on within the municipality, even if the
business is being carried on from a location outside the municipality;
And whereas Subsection 391(1) of the Act provides that a municipality may pass by-
laws imposing fees or charges on any persons for the use of its property including
property under its control;
And whereas Section 446 of the Act provides that a municipality may proceed to do
things at a person's expense which that person is otherwise required to do under a by-
law but has failed to do and to recover the costs of doing so by adding the costs to the
tax roll and collecting them in the same manner as property taxes;
And whereas Council for The Corporation of the Town of Aurora considers it desirable
and necessary to address the concerns and opportunities presented by short-term
rentals, the Council wishes to enact a new by-law to establish a system to license and
regulate short-term rentals;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Definitions
1.1 In this by-law, the following words have the following meanings:
(a) “Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
(b) “Applicant” means the Person that is seeking to become licensed under
this by-law and applies, or has an application made on their behalf, to the
Town for obtain a License;
(c) “Council” means the Council of the Town;
Page 47 of 99
By-law Number XXXX-22 Page 2 of 19
(d) “Dwelling Unit” means a room, or a series of rooms, used or intended to be
used by one, or more persons together, as a single establishment for which
living, sleeping and sanitary facilities are provided;
(e) ”License” means an authorization under this by-law to carry on the calling,
business or occupation specified therein;
(f) “Licensee” means any Person that is listed on a License as being
authorized by the License to carry on the calling, business or occupation
specified therein, and includes any Person otherwise responsible for or
obligated by the License;
(g) “Lot” means a parcel of land which is legally capable of being conveyed in
accordance with the Planning Act R.S.O. 1990, Chapter 13 as amended, or
is described in accordance with a registered Plan of Condominium;
(h) "Officer" means any individual designated or appointed by the Town to
enforce this by-law, and includes any Municipal Law Enforcement Officer
and any police officer;
(i) “Manager” means the Manager of By-law Services for the Town, or their
designate;
(j) “Market” means sell, offer for sale, promote, canvass, solicit, rent, broker,
advertise, book, arrange or facilitate sale or rental, and includes placing,
posting, or erecting advertisements physically or online;
(k) “Operator” means any Person that operates or owns a Short-Term Rental;
(l) “Person” includes a natural person, corporation, partnership or party, and
the personal or other legal representatives to whom the context can apply
according to law;
(m) “Short-Term Rental” means all or part of a Dwelling Unit used to provide
temporary sleeping accommodations for any rental period that is less than
twenty-eight (28) consecutive days in exchange for payment, and includes
bed and breakfast establishments and any units otherwise deemed or
presumed to fall into this definition pursuant to this by-law;
(n) “Short Term Rental Company” means any Person who facilitates or brokers
Short Term Rental reservations via the internet and who:
(i) receives payment, compensation, or any financial benefit due to, as
a result of, or in connection with a Person making or completing
reservations of those Short-Term Rentals; or
(ii) collects, accesses, or holds information on the number of nights
that reservations of those Short-Term Rentals are made or
completed.
This definition does not apply to a Person who facilitates or brokers
reservations for a Short-Term Rental that is the principal residence of that
Person or their immediate family.
Page 48 of 99
By-law Number XXXX-22 Page 3 of 19
(o) “Town” means The Corporation of The Town of Aurora and/or the
geographical limits of the Town of Aurora, depending on the context of the
provision in which the term appears;
(p) “Tribunal” means the Aurora Appeal Tribunal established pursuant to the
Tribunal By-law;
(q) “Tribunal By-law” means the Aurora Appeal Tribunal By-law, as amended
or successor thereof;
(r) “Zoning By-law” means the Zoning By-law of the Town of Aurora, as
amended or successor thereto.
2. Application and Short Name
2.1 This by-law shall be known and may be cited as the “Short-Term Rental By-law”.
2.2 The provisions of this by-law shall apply to all lands and premises within the
Town of Aurora.
2.3 Notwithstanding the above, this by-law does not apply to:
(a) hotels, motels and long-term care facilities that are operated in
compliance with the Zoning By-law and any applicable law;
(b) the activities by or on behalf the Town, The Regional Municipality of York,
the Lake Simcoe Region Conservation Authority, the Toronto and Region
Conservation Authority, a school board operating under the Education Act,
R.S.O. 1990, c. E.2, the Province of Ontario, or the Federal Government of
Canada.
2.4 In this by-law, any references to Persons who carry on business or Market Short-
Term Rentals, or generally carry out activities regulated by this by-law, shall
include any activities carried out jointly or partially by multiple Persons, who
acting together, carry out such activities, despite that no single Person carries on
the activity in its entirety. Any such Person that carries out any part of an activity
regulated under this by-law shall be jointly and severally responsible for the same
under this by-law and for the activities and omissions of others with whom
activities are carried out jointly or acting together.
3. General Prohibitions and Obligations
3.1 No Person shall carry on the business of renting, leasing or letting a Short-Term
Rental unless they have a valid License, in good standing, to do so pursuant to
this by-law.
3.2 No Person shall carry on the business of a Short-Term Rental Company unless
they have a valid License, in good standing, to do so issued pursuant to this by-
law.
3.3 No Person shall operate, rent, lease, let or Market a Short-Term Rental, or any part
of it, unless:
(a) the Short-Term Rental unit is subject to a valid License pursuant to this by-
law;
Page 49 of 99
By-law Number XXXX-22 Page 4 of 19
(b) the Operator of the Short-Term Rental holds a valid License pursuant to
this by-law;
(c) the Short-Term Rental being Marketed matches the name and address of
the associated License; and
(d) it is carried out in compliance with all the requirements, regulations and
conditions of:
(i) the License associated to the unit,
(ii) this by-law, including Schedule A, and
(iii) any applicable laws, regulations and Town by-laws, including the
Zoning By-law of the Town, the Building Code Building Code Act,
1992, S.O. 1992, c. 23 and the Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4, as amended or successor legislation thereto
and any regulations thereunder.
3.4 No Person shall conduct or Market any business pursuant to a License during a
period when such License is under suspension, has been revoked or has expired
pursuant to this by-law.
3.5 Every Person shall take down or remove a listing or advertisement related to an
unlicensed Short-Term Rental or unlicensed Operator within twenty-four (24)
hours of being requested to do so by the Town.
3.6 Every Person who issues an invoice, contract, receipt, or similar document
related to a Short-Term Rental shall ensure that such document includes the
License number of the Operator.
3.7 No Person required to be licensed under this by-law shall discriminate against
any member of the public in the carrying on of the business on the basis of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation, gender identity, gender expression, age, marital status, family status,
or disability in contravention of the Human Rights Code, R.S.O. 1990, c. H.19, as
amended.
3.8 No Person shall carry on the business of renting, leasing or letting a Short-Term
Rental, in any way or manner on Town owned property, parks, boulevards,
highways or other public property, unless specifically authorized to do so by a
License issued under this by-law.
3.9 A valid License will permit a Person to conduct the specific activities to the
stated extent described in the License. If a Person intends to make, or makes,
any changes to the information contained in its License, or intends to undertake,
or undertakes, new or expanded activities pursuant to a License, such Person is
required to obtain a new License or a License amendment for those changes or
activities, prior to making such changes or undertaking new or expanded
activities.
4. Short Term Rental Regulations and Operator Obligations
4.1 No more than one (1) Short Term Rental is permitted on any Lot.
Page 50 of 99
By-law Number XXXX-22 Page 5 of 19
4.2 Short Term Rentals shall only be operated within one (1) Dwelling Unit on a Lot.
4.3 Short Term Rentals shall provide one (1) off-street parking space for each
bedroom identified as in use for the Short-Term Rental.
4.4 Each bedroom intended to be operated as part of a Short-Term Rental shall be
clearly identified at the time of application for a new, or the renewal of, License
through the provision of a floor plan to the Town showing the location of each
bedroom.
4.5 Any changes to the number or location of bedroom(s) of a Short-Term Rental
shall be provided to the Town through a License amendment application, prior to
permitting the use of any bedrooms that previously have not been identified in
the License associated to the Short-Term Rental.
4.6 An Operator of a Short-Term Rental shall not:
(a) provide or permit any sleeping accommodations within any vehicle, tent,
or accessory building while the unit is used as a Short-Term Rental;
(b) provide or permit more than three (3) bedrooms to be made available for
use as part of the Short-Term Rental;
(c) permit more than six (6) overnight guests to stay at the Short-Term Rental;
or
(d) provide or permit beds or bedrooms to be used that are not identified in
the License associated to the Short-Term Rental.
4.7 An Operator of a Short-Term Rental shall post or display the License number
associated to the unit on any Marketing, advertisement, or promotion of any such
unit.
4.8 An Operator of a Short-Term Rental shall post a sign on the exterior of the Short-
Term Rental unit premises in a location conspicuous to the public and in a
manner as specified and to the satisfaction of the Manager, and in conformity
with the Town’s Sign By-law, to identify the unit as being licensed pursuant to this
by-law.
4.9 An Operator of a Short-Term Rental shall ensure that a Person responds to any
concerns raised by guests, neighbours, or the Town within two (2) hours.
4.10 An Operator of a Short-Term Rental shall provide to each guest and the Town the
telephone number of the Person who will be available to respond to any issues,
concerns or complains with respect to the Short-Term Rental.
4.11 An Operator of a Short-Term Rental shall only Market, list, or advertise their Short-
Term Rental unit on a platform of a Short-Term Rental Company that has a valid
license pursuant to this by-law that is in good standing.
4.12 Every Short-Term Rental and its associated License shall be subject to,
conditional upon, and comply with the provisions of Schedule A of this By-law,
including the demerit point system and the licensing requirement outlined in this
by-law.
Page 51 of 99
By-law Number XXXX-22 Page 6 of 19
4.13 An Operator of a Short-Term Rental shall be subject to and ensure compliance
with the provisions of Schedule A of this by-law, and the demerit point system
and the licensing requirements outlined in this by-law.
4.14 Every Operator of a Short-Term Rental shall maintain in good standing, at all
times while holding a License or operating a Short-Term Rental, general Liability
Insurance that provides coverage for all claims for personal injury, including
bodily injury resulting in death, and property damage with an inclusive limit of not
less than Two Million Dollars ($2,000.000.00) per occurrence. Such insurance
shall have an endorsement for Short-Term Rentals and insure the Operator and
the Short Term Rental unit against liability for any loss or damage that may result
from carrying on the business of renting, leasing or letting a Short-Term Rental.
4.15 Every Operator of a Short-Term Rental shall provide proof, satisfactory to the
Manager, of the insurance coverage required pursuant to Section 4.14 before the
issuance of a License, upon any License renewal, upon expiry of a certificate of
insurance and at any other time when required by the Manager in writing to
confirm the status of insurance coverage.
4.16 Every Operator of a Short-Term Rental shall provide the Manager with at least
thirty (30) days’ advance notice in writing of any impending cancellation,
expiration or variation in the amount or conditions of the policy required by
Section 4.14.
5. Application for License
5.1 All License applications, and any renewals thereof, shall be accompanied by the
applicable License or renewal fee, as set out in the Town’s Fees and Charges By-
law.
5.2 An application for a License shall be submitted to the Town in accordance with
the requirements set out herein and as required by the Manager. The form,
content, terms, conditions and requirements of the application for a License shall
be as prescribed by the Manager from time to time and as required under this by-
law.
5.3 On an application for a License, or the renewal thereof, the Applicant shall submit
the following to the Town:
(a) a completed License application on a form prescribed by the Manager;
(b) in case of an application by a natural Person, proof, satisfactory to the
Manager, that Applicant is:
(i) eighteen (18) years of age or older, and
(ii) a citizen of Canada, a permanent resident of Canada, or otherwise
possesses a valid work permit or visa issued by the Government of
Canada permitting the Applicant to engage in the work activities
contemplated by the License;
(c) in case of an application by a corporate entity, incorporating documents
and a copy of the last annual information return which has been filed with
the appropriate government department;
Page 52 of 99
By-law Number XXXX-22 Page 7 of 19
(d) in case of an application by registered partnership, a registered
declaration of partnership and copy of the partnership agreement;
(e) any other document or information relating to the operation of the
business, or proposed business, requested by the Town, including but not
limited to:
(i) provincial driver’s license;
(ii) Vulnerable Sector Screening Search or Criminal Conviction
Background Search issued by the Police Service in which the
Applicant resides;
(iii) Harmonized Sales Tax (HST) number;
(iv) York Region Health Department Inspection Certificate;
(v) Insurance Certificate;
(vi) a permitted use letter from the Town’s Building Division;
(f) License or renewal fee, as applicable, pursuant to the Town’s Fees and
Charges By-law; and
(g) any outstanding fine(s) owed to the Town.
5.4 In addition to and without limiting the above, on an application for a License as
an Operator of a Short-Term Rental, or the renewal thereof, the Applicant shall
submit the following to the Town:
(a) proof that the Applicant is an owner of the Lot on which the Short-Term
Rental unit is located.
5.5 In addition to and without limiting the above, on an application for a License as a
Short-Term Rental Company, the Applicant shall submit the following to the
Town:
(a) the Short-Term Rental Company’s registered address in Ontario;
(b) the name, phone number and e-mail address of a Person responsible for
responding to all communications from the Town;
(c) the details of the process by which the Short-Term Rental Company will
remove advertisements for Short-Term Rentals that are not licensed or not
in compliance with this by-law;
(d) the details of the Short-Term Rental Company’s procedure for dealing with
problem Operators and responding to complaints; and
(e) an executed agreement with the Town, in a form prescribed by the Town,
with respect to the use, retention and disclosure of Operator and guest
information.
5.6 Upon receipt of an application for a License, or a renewal thereof, and the
requisite fee, the Manager shall make investigations as necessary to assess the
Page 53 of 99
By-law Number XXXX-22 Page 8 of 19
application and shall, in accordance with and subject to the criteria, requirements
and grounds set out in this by-law:
(a) issue, or renew, a License;
(b) in the case of an approved application for a new, or renewed, License,
impose such terms and conditions on the License as deemed appropriate
by the Manager:
(i) for the protection of health, safety and well-being of persons and
the economic, social and environmental well-being of the
municipality;
(ii) to address concerns and opportunities presented by short-term
rentals in the municipality;
(iii) for the protection of any public infrastructure and private
properties;
(iv) for the purposes of administration of and compliance with the
Short-Term Rental Licensing program and the operations of the
Town,
(v) to satisfy any requirements of this by-law or any other applicable
legislation; or
(vi) to address and account for any concerns or issues related to any of
the grounds outlined in Subsection 9.1;
(c) refuse to issue, or renew, a License if:
(i) the application is not complete,
(ii) all the information as required under this by-law is not provided to
the Town,
(iii) the application does not meet all the requirements of this by-law, or
(iv) there are reasonable grounds to believe that Applicant may not be
entitled to the issuance or renewal of a License based on the
criteria and grounds outlined in this by-law;
and provide written notice of such a decision to the Applicant.
5.7 A notice of pursuant under Paragraph (b) or (c) of Subsection 5.6 shall include a
statement that:
(a) Applicant may request a hearing before the Tribunal to appeal the decision
by delivering a written request in accordance with the Tribunal By-law
within thirty (30) calendar days of deemed receipt of the notice; and
(b) if no request for a hearing is provided in accordance with Paragraph (a),
then the decision referred to in the notice shall be final.
5.8 If, before the expiry of a License, a Licensee has applied for renewal of the
License and has remitted the prescribed fee, the License shall be deemed to:
Page 54 of 99
By-law Number XXXX-22 Page 9 of 19
(a) continue until the renewal is granted;
(b) if the licensee is served with a notice under Paragraph (c) of Subsection
5.6, continue until the time for requesting a hearing with the Tribunal has
expired or, where a hearing has been requested pursuant to the provisions
of the Tribunal By-law, until a decision is made and deemed to have been
provided to the Applicant; or
(c) continue until it is revoked pursuant to the provisions of this by-law;
whichever occurs first.
5.9 No Person shall be permitted to apply for the renewal of an existing License
before thirty (30) days before the expiry of such License.
5.10 If a Licensee does not apply for renewal within thirty-one (31) calendar days after
the renewal date of a License, such License shall be deemed to have expired,
without a right of appeal, and a new License application shall be required to
restore any such License.
5.11 Subject to the provisions of the Tribunal By-law, if upon notice of decision under
Paragraph (b) or (c) of Subsection 5.6, a request for a hearing is not provided in
accordance with the provisions of the Tribunal By-law within thirty (30) calendar
days of deemed receipt of such notice, the decision shall be deemed to be final
without any further right of appeal and the License shall be permanently subject
to such decision.
5.12 If a Person submits a License application, or renewal, that is incomplete or that
does not include the requisite applicable fees, the Town has no obligation to
review or consider such application until such time as the application is
completed as required under this by-law and the applicable fees provided.
5.13 If a Person submits a License application and additional information or
documentation is required to be provided by the Town with respect to the
application, any such outstanding or required information shall be supplied to the
Town within thirty (30) days of the request made by the Town, failing which the
application may be refused by the Town at the discretion of the Manager and a
new application for a License will be required.
6. License Fees
6.1 Fees payable pursuant to this By-law shall be as set out in the Town’s Fees and
Charges By-law.
6.2 Every holder of a License pursuant to this by-law shall be subject to the fees and
charges set out in this by-law and shall pay such fees immediately when due.
6.3 In addition to and notwithstanding the above, an administrative fee of 25% of the
renewal fee shall be added to each unpaid renewal fee that is paid after the
renewal date of the License.
6.4 Once a License is issued by the Town, no fee shall be refunded by the Town in
any circumstances.
7. Validity of a License
Page 55 of 99
By-law Number XXXX-22 Page 10 of 19
7.1 The Licenses issued pursuant to this by-law shall be valid from the period
commencing on the date of issuance of the License and, unless they are sooner
forfeited, cancelled or revoked, shall in each case expire on December 31 of each
of year for which it was issued.
7.2 Notwithstanding any decision of, or statement by, Council, the Tribunal, any
Tribunal member, or any employee of the Town, respecting the granting of a
License or application therefor, no Person shall be deemed to be Licensed until
the fee required by this by-law with respect to such License is paid to the Town
and the physical License, plate, or other evidence of the granting of such License
is provided by the Town.
7.3 Every License issued shall be deemed to be personal to the Licensee named
therein and shall not be transferable under any circumstances.
7.4 No Person shall enjoy a vested right in the continuance of a License and upon the
issuance or renewal thereof, the License shall be the property of the Town of
Aurora.
8. Revocation and Suspension of a License
8.1 Where the Manager is of the opinion, based on any investigation or applicable
information, that any licensee under this by-law is not entitled to hold a License
or continue under License based on the grounds referred to in Section 9, the
Manager may issue a decision to revoke, suspend or to add/vary any conditions
on a License of a such a licensee and provide written notice of such a decision to
the licensee.
8.2 A notice pursuant Subsection 8.1 shall include a statement that:
(a) Licensee may request a hearing before the Tribunal to appeal the decision
by delivering a written request in accordance with the Tribunal By-law
within thirty (30) calendar days of deemed receipt of the notice; and
(b) if no request for a hearing is provided in accordance with Paragraph (a),
then the decision referred to in the notice shall be final.
8.3 A License subject to a decision under Subsection 8.1, provided that it has not
otherwise expired or been revoked pursuant to other provisions of this by-law,
shall be deemed to continue, and not subject to suspension in the case of a
notice of suspension, until the time for requesting a hearing with the Tribunal has
expired pursuant to Subsection 8.4 or, where a hearing has been requested
pursuant to the provisions of the Tribunal By-law, until a decision is made and
deemed to have been provided to the licensee.
8.4 Subject to the provisions of the Tribunal By-law, if upon notice of decision under
Subsection 8.1, a request for a hearing is not provided in accordance with the
provisions of the Tribunal By-law within thirty (30) calendar days of deemed
receipt of such notice, the decision shall be deemed to be final without any
further right of appeal and the License shall be permanently subject to such
decision.
8.5 Notwithstanding anything else in this by-law, if the Manager is satisfied that the
continuation of any activity licenced under this by-law poses an immediate
Page 56 of 99
By-law Number XXXX-22 Page 11 of 19
danger to the health or safety of any person or property, the Manager may
suspend the Licence without a hearing on conditions he/she considers
appropriate, subject to the following:
(a) before suspending the Licence, the Manager shall provide the Licensee
with reasons for the suspension, either orally or in writing, and an
opportunity to respond to them; and
(b) the suspension shall not exceed 14 days.
8.6 If the Manager suspends, cancels, revokes, or refuses to issue or renew a
License, the Town may post a notice, of such suspension, cancellation,
revocation, or refusal to issue or renew, on the premises of the business subject
to such License. Such notice posted by the Town shall not be removed until such
time as the Manager issues a valid License for such premises, or otherwise the
Manager permits such removal.
8.7 If a business is operating without a License as required under this by-law, the
Town may post a notice describing the failure to hold a valid License on the
premises of such a business. Such notice posted by the Town shall not be
removed until such time as the Manager issues a valid License for such
premises, or otherwise the Manager permits such removal.
9. Grounds and Criteria for License Refusal, Revocation and Variation
9.1 A Licence holder or Applicant for a Licence, or renewal, is, subject to the
provisions of this by-law, entitled to a Licence, or renewal, except where:
(a) the conduct of the licensee or Applicant affords reasonable grounds to
believe that the licensee or Applicant has not carried on, or will not carry
on, the business in accordance with applicable law and with integrity and
honesty;
(b) there are reasonable grounds to believe that the carrying on of the
business by the licensee or Applicant has resulted, or will result, in a
breach of this or any other by-laws, or any other law;
(c) there are reasonable grounds to believe that the licensee or Applicant has
provided false information to the Town, the Manager or any Officer, in
order to obtain, or maintain, a License;
(d) the applicant is a corporation and its conduct or the conduct of its
officers, directors, employees, or agents affords reasonable grounds to
believe that its business has not been, or will not be, carried on in
accordance with law and with integrity and honesty;
(e) there are reasonable grounds to believe that the premises, advertising, or
platform in respect of which the Licence is required have not complied, or
will not comply, with the provisions of this or other by-laws, or any other
law;
(f) the conduct of the licensee or Applicant or other circumstances afford
reasonable grounds to believe that the carrying on of the business by the
license or Applicant has infringed, or would infringe, the rights of other
Page 57 of 99
By-law Number XXXX-22 Page 12 of 19
members of the public, or has endangered, or would endanger, their health
or safety.
9.2 Where an Applicant for a Licence or its renewal, or the holder of a License, is a
corporation or a partnership, Subsection 9.1 shall apply to any of the officers or
directors of the corporation or partners in the partnership.
9.3 In addition to the grounds set out in Subsection 9.1, a Person shall not be entitled
to apply for or hold a License, and the Manager shall refuse to issue or renew a
License where, in the year prior to the date of the Application:
(a) the Person applied for and been finally refused a License;
(b) the Person applied for or held a License and had it finally revoked; or
(c) the Short-Term Rental unit for which the License is being sought has its
License finally refused or revoked.
9.4 Notwithstanding other provisions of this by-law, a License issued in error or in
contravention of the provisions of this by-law may be revoked by the Manager
upon learning of the mistake or contravention, with such decision becoming
effective immediately. In the event of such revocation, the Manager shall issue a
revocation decision pursuant to Subsection 8.1.
10. Demerit Point System
10.1 In addition to and without limiting anything in this by-law, a demerit point system
is hereby established to govern, administer and enforce non-compliance of
Licenses issued pursuant to this by-law.
10.2 Upon initial approval of a new License, the Licensee shall have zero (0) demerit
points. The demerit points shall reset to zero (0) upon each anniversary of the
date of initial License approval.
10.3 Contraventions of this by-law, or any law applicable to the Short-Term Rental or
the Licensee, shall result in the accrual of demerit of points, as outlined in
Schedule A and elsewhere in this by-law.
10.4 If, at any time:
(a) a Licensee accrues more than fourteen (14) demerit points assigned to
their License, or
(b) in the event a Licensee was issued a previous decision under this
Subsection and was permitted, by decision of the Manager or the Tribunal
that is final, to continue to operate with more than fourteen (14) demerit
point, and the Licensee accrues any additional demerit points since the
issuance of the previous decision,
the Manager shall issue a decision to revoke such License or to add/vary
conditions imposed on such License pursuant to Section 8.1. Such decision shall
be subject to appeal and the requirements outlined in Section 8.
11. Appeal of Decisions to Tribunal
Page 58 of 99
By-law Number XXXX-22 Page 13 of 19
11.1 Where an Applicant or Licensee wishes to appeal a decision made pursuant to
Subsection 5.6 or 8.1, such an Applicant or Licensee may appeal such decision
to the Tribunal by delivering notice and any applicable fee in accordance with the
provisions of the Tribunal By-law within thirty (30) calendars days of receipt of
the decision or notice from the Town, or deemed receipt, whichever is earlier.
11.2 Notices, decisions and requests to be provided under this by-law, unless
otherwise noted or specifically addressed in this by-law, shall be deemed to have
been served and provided in accordance with the Rules of Procedures
established under the Tribunal By-law.
11.3 Upon receipt of a notice to appeal a decision pursuant to Subsection 11.1, such a
request shall be processed and handled in accordance with the Tribunal By-law.
12. Administration and Enforcement
12.1 The Director and the Manager shall be responsible for and are delegated the
power to administer and enforce this by-law, including prescribing the content
and form of any licences, forms or other documents required under this by-law.
12.2 The Manager shall be responsible for and is delegated the power to issue, refuse,
revoke, cancel, suspend, set conditions of and in impose conditions on, request
information with respect to, process and administer licenses and any related
applications.
12.3 The Director, the Manager and Officers are hereby delegated the authority to
enforce this by-law, including the authority to conduct inspections and
investigations under this by-law, the Act, as amended, and any other applicable
by-law or legislation.
12.4 The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
13. Power of Entry, Inspection, Prohibitions
13.1 An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any permit or license issued pursuant to this by-law,
(c) any direction or order under this by-law;
(d) an order issued under section 431 of the Act.
13.2 Where an inspection is conducted pursuant to this section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, may:
(a) require the production for inspection of documents or things relevant to
the inspection;
Page 59 of 99
By-law Number XXXX-22 Page 14 of 19
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and 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 purpose of the inspection.
13.3 No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
13.4 No Person shall fail to comply with, or contravene, any order or direction issued
by the Town pursuant to this by-law or the Act.
13.5 Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
Person, they may require the name, address and proof of identity of that Person,
and the Person shall supply the required information.
13.6 No Person shall decline or neglect to give, produce or deliver any information,
document or other thing that is requested by the Town pursuant to this by-law.
13.7 No Person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
14. Orders
14.1 Where the Manager or any Officer is satisfied that a contravention of this by-law
has occurred, such Manager or Officer may make an order requiring that the
Person who caused or permitted such contravention, or the owner or occupier of
the land on which the contravention occurred, to discontinue the contravening
activity and/or to do work to correct the contravention.
14.2 An order pursuant to this section shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to
be seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
(e) information regarding the Town's contact Person.
14.3 An order pursuant to this section shall be deemed to have been received upon:
(a) personal service of the order on the Person subject to the order;
Page 60 of 99
By-law Number XXXX-22 Page 15 of 19
(b) one day after transmission of the order through electronic means to an
email or social media address provided by the Person subject to the order;
(c) one day after posting the order in a conspicuous location on the property
subject to the order;
(d) the fifth (5th) day after the order is sent by registered mail to the last
known address of the Person who is subject to the order.
15. Remedial Action and Cost Recovery
15.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any Person within a specified time period, in default
of it being done by the Person directed or required to do it, the action may be
taken under the direction of the Director or an Officer at that Person’s expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
15.2 For the purposes of taking remedial action under this section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
16. Offences and Penalties
16.1 Every Person who contravenes any provision 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.
16.2 Every Person who contravenes any order issued pursuant to 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.
16.3 If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence.
16.4 Pursuant to Subsection 429(2) of the Act, all contraventions of this by-law or
orders issued under this by-law are designated as continuing offences. If a
contravention of any provision of this by-law has not been corrected, or an order
issued under this by-law has not been complied with, the contravention of such a
provision or an order shall be deemed to be a continuing offence for each day or
part of a day that the contravention remains uncorrected or an order not
complied with.
16.5 On conviction of an offence under this by-law, every Person is liable to a fine in
accordance with the following rules pursuant to the Act:
(a) to a fine of not less than $500.00 and not more than $100,000.00;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, the minimum fine shall be $500.00 and the maximum
fine shall be $10,000.00, despite paragraph (a), the total of all the daily
fines for an offence is not limited to $100,000;
Page 61 of 99
By-law Number XXXX-22 Page 16 of 19
(c) in the case of a multiple offence, for each offence included in the multiple
offence, the minimum fine shall be $500.00 and the maximum fine shall
be $10,000.00, despite paragraph (a), the total of all fines for each
included offence is not limited to $100,000.
16.6 In addition to fines under this section, a Person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a Person obtained from the contravention of this by-
law. Notwithstanding Subsection 16.5 above, a special fine my exceed $100,000.
16.7 Where a Person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the Person convicted.
17. Administrative Penalties
17.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended, for a breach of any provision of this by-law, an individual authorized
to enforce this by-law on behalf of the Town may issue an administrative penalty
to the Person who has contravened this by-law.
17.2 Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative
penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
17.3 The amount of the administrative penalty for a breach of a provision of this by-
law, shall be as established pursuant to applicable Town by-laws.
17.4 A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in the applicable Town by-laws relating to
administrative penalties.
18. Presumption
18.1 The holder of the License for the Short-Term Rental on which a non-compliance
or contravention has occurred shall be presumed to have carried out or caused,
or permitted to be carried out, the non-compliance or contravention, which
presumption may be rebutted by evidence to the contrary on a balance of
probabilities.
18.2 Any unit that is Marketed for the purpose of renting, leasing or letting such a unit
for temporary sleeping or lodging accommodations for a period that is less than
twenty-eight (28) consecutive days in exchange for payment, shall be presumed
to be a Short-Term Rental pursuant to this by-law, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
18.3 Any unit that is Marketed for the purpose of renting, leasing or letting such that a
guest, visitor or lodger is permitted or has the option to rent, lease or let such unit
for a period that is less than twenty-eight (28) days, shall be presumed to provide
accommodations for a rental period that is less than twenty-eight (28)
Page 62 of 99
___________________________________
___________________________________
By-law Number XXXX-22 Page 17 of 19
consecutive days, which presumption may be rebutted by evidence to the
contrary on a balance of probabilities.
19. Severability
19.1 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 the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
20. Effective Date
20.1 This by-law comes into full force and effect on the date of final passage hereof.
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 63 of 99
By-law Number XXXX-22 Page 18 of 19
Schedule A
Demerit Point System for Short Term Rentals
1. Contraventions by a Short-Term Rental, or by the Operator or Licensee of such
Short-Term Rental, will result in the accrual of demerit points as outlined Table 1
below.
2. The number of demerit points referenced in Column 3 of Table 1 of this Schedule
will be accrued against the Short-Term Rental unit, and the Licensee of such unit,
in respect to the matter noted in Column 1 applied against the Short-Term Rental,
or the Operator or Licensee of such Short-Term Rental as it pertains to the Short-
Term Rental unit, under the following conditions:
(a) fifteen (15) days from the date of issue of an administrative penalty
issued under the Town’s administrative penalty system by-law;
(b) upon the issuance of a Part 1 or Part III ticket under the Provincial
Offences Act; or
(c) upon conviction in the Ontario Court of Justice;
(d) the confirmation of an order issued pursuant to this by-law; or
(e) the confirmation of any contravention documented by Central York Fire
Services.
Page 64 of 99
By-law Number XXXX-22 Page 19 of 19
Table 1
Column 1
Infraction
Column 2
Reference
Column 3
Demerit Points
Contravention of the Fire
Protection and Prevention Act or
the Fire Code
Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4;
O. Reg. 213/07
15
Operate while license is suspended
or revoked Subsection 3.4 of the STR 15
Contravention of the Building Code
Act or the Building Code
Building Code Act, 1992, S.O. 1992,
c. 23; O. Reg. 332/12 15
Failure to post a sign on the
premises identifying the unit as a
Short-Term Rental
Subsection 4.8 of the STR 7
Permitting use of more than the
number of bedrooms authorized Subsection 4.6 of the STR 7
Permitting more than the number
of guests authorized Subsection 4.6 of the STR 7
Failure to post business license
number on advertisements Subsection 4.7 of the STR 5
Failure to respond to complaint by
specified time Subsection 4.9 of the STR 5
Contravention of the Noise By-law Noise By-law 6381-21 of the Town 3
Contravention of Property
Standards By-law
Property Standards By-law 4044-99
of the Town 3
Contravention of Clean
Communities By-law with respect
to weeds and grass
Clean Communities By-law 6257-20
of the Town 3
Contravention of Clean
Communities By-law with respect
to garbage and waste
Clean Communities By-law 6257-20
of the Town 3
References to the “STR” in the table above shall mean Short-Term Rental By-law.
All references in the table above to by-laws, statutes and regulations are refences
to such as they are amended from time to time, and to any successor legislation.
Page 65 of 99
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to amend By-law Number 5558-13, to create the Aurora
Appeal Tribunal and to establish its Rules and Procedure.
Whereas on November 12, 2013, the Council of The Corporation of the Town of Aurora
(the “Town”) enacted By-law Number 5558-13, being a by-law to create the Aurora
Appeal Tribunal and to establish its Rules and Procedure;
And whereas on March 29, 2022, the Council of the Town passed a motion contained in
Report No. CS22-018, to bring forward amendments to By-law Number 5558-13, in
regard to the Short-Term Rental By-law;
And whereas the Council of the Town deems it necessary and expedient to amend By-
law Number 5558-13;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Subsection 1.1 of By-law Number 5558-13 be and is hereby amended by adding
the following:
“(h) “Short-Term Rental By-law” means By-law Number XXXX-22, as amended
or successor thereof.”
2. Subsection 4.1 of By-law Number 5558-13 be and is hereby deleted and replaced
with the following:
“4.1 The Tribunal shall hear appeals of decisions of the Town, which decisions
carry a right of appeal to the Tribunal as may be set out in the Licensing
By-law, Animal Control By-law, or Short-Term Rental By-law.”
3. Subsection 9.1 of By-law Number 5558-13 be and is hereby deleted and replaced
with the following:
“9.1 An appeal is commenced by the filing of a written notice/request for
appeal with the Town Clerk, accompanied by the payment of the fee (if
any) within the applicable appeal period set out in the Licensing By-law,
Animal Control By-law or Short-Term Rental By-law, calculated according
to the Rules of Procedure, after the appellant receives the decision or
notice from the Town that is to be appealed, or is deemed to have received
the decision, whichever is earlier.”
4. Subsection 9.2 of By-law Number 5558-13 be and is hereby deleted and replaced
with the following:
“9.2 On receipt of a written request for an appeal hearing from the appellant
and any applicable appeal fee, the Town Clerk shall schedule a hearing
and shall give reasonable notice to the appellant, as set out in the Rules of
Procedure.”
5. Section 12 of By-law Number 5558-13 be and is hereby amended by adding and
the following:
Page 66 of 99
___________________________________
___________________________________
By-law Number XXXX-22 Page 2 of 2
“12.3 Fees payable pursuant to this by-law shall be as set out in the Town’s Fees
and Charges By-law and are non-refundable.”
6. Subsection 1.1 (e) of Schedule “A” to By-law Number 5558-13 be and is hereby
deleted and replaced with the following:
“(e) “licensee” means the holder of a license issued pursuant to the provisions
of the Licensing By-law and Short-Term Rental By-law;
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 67 of 99
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to amend By-law Number 6000-17, as amended,
respecting the lands municipally known as 15296, 15306 and 15314
Yonge Street (File No. ZBA-2021-03).
Whereas under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the
“Planning Act”), zoning by-laws may be passed by the councils of local municipalities to
prohibit and regulate the use of land, buildings and structures;
And whereas on June 27, 2017, the Council of The Corporation of the Town of Aurora (the
“Town”) enacted By-law Number 6000-17 (the “Zoning By-law”), which Zoning By-law was
appealed to the Ontario Municipal Board (the “OMB”);
And whereas on January 29, 2018, the OMB made an order, in accordance with
subsection 34(31) of the Planning Act, providing that any part of the Zoning By-law not
in issue in the appeal shall be deemed to have come into force on the day the Zoning
By-law was passed;
And whereas the OMB and the Local Planning Appeal Tribunal (the “LPAT”) is continued
under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario
Municipal Board or OMB or Local Planning Appeal Tribunal or LPAT is deemed to be a
reference to the Tribunal;
And whereas the Council of the Town deems it necessary and expedient to further amend
the Zoning By-law;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. The Zoning By-law be and is hereby amended to replace the “Promenade
Downtown PD1 Zone” category applying the lands shown in hatching on
Schedule “A” attached hereto and forming part of this By-law with “Promenade
Downtown PD1(542) Exception Zone”.
2. The Zoning By-law be and is hereby amended to add the following:
Parent Zone: PD1
Exception No.: 542
Map: 2
Previous Zone:
PD1
Previous By-laws:
xx
Municipal Address: 15296, 15306 and 15314 Yonge Street
Legal Description: Lots B and C and Part of Lot D, Plan 36 and Part of Lots 15 and 16,
Plan 246, Town of Aurora
24542.1 Permitted Uses
x Notwithstanding Section 8.1, Dwelling units are permitted on the First Storey
and Below Grade
x All other uses permitted in the PD1 Zone
24542.2 Maximum Number of Units
Page 68 of 99
By-law Number XXXX-22 Page 2 of 4
x 136 Apartment Dwelling Units
24.542.3 Zone Requirements
Number of Storeys (Maximum) x 6 storeys along Yonge Street
x 8 storeys at building rear (west side)
Building Height (Maximum) 24.0 metres
Rear Yard Setback (Minimum) 1.5 metres
Notwithstanding Section 8.2, a Parking Area is permitted in a Rear or Side Yard,
located behind a building.
24.542.4 Amenity Area
Notwithstanding Section 7.5.2, the Minimum amount of Amenity Area is as follows:
x 1380.0 m2 as Outdoor Amenity Area, including common areas and private
balconies, terraces, and patios.
x 270 m2 as Indoor Amenity Area
24.542.5 Section 37 Provisions
a) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-
law, the increase in height and density of the development (as shown on Schedule
‘B’) which forms part of this By-law) is permitted beyond that otherwise permitted
on the lands shown on Schedule A in return for the owner’s payment of
$243,162.90.
b) The issuance of a building permit which includes the extra height and density
referred to above shall be dependent on the payment of the $243,162.90 and the
entering into of a Section 37 Agreement, which will be registered on title.
3. This By-law shall come into full force subject to compliance with the provisions
of the Planning Act and subject to compliance with such provisions, this By-law
will take effect from the date of final passage hereof.
Enacted by Town of Aurora Council this 28th of June, 2022.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 69 of 99
By-law Number XXXX-22 Page 3 of 4
Explanatory Note
Re: By-law Number XXXX-22
By-law Number XXXX-22 has the following purpose and effect:
To amend By-law Number 6000-17, as amended, the Zoning By-law in effect in the Town
of Aurora, to rezone the subject lands from “Promenade Downtown PD1” to
“Promenade Downtown PD1(542) Exception Zone”.
The effect of this zoning amendment is to permit a six to eight storey residential
apartment building on the subject property, municipally known as 15296, 15306 and
15314 Yonge Street.
Page 70 of 99
By-law Number XXXX-22 Page 4 of 4
Schedule “A”
Location:Lots B and C and Part of Lot D, Plan 36 and Part of Lots 15 and 16,
Plan 246, Town of Aurora, Regional Municipality of York
Lands rezoned from “Promenade Downtown PD1” to
“Promenade Downtown PD1(542) Exception Zone.”
Page 71 of 99
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to regulate and prescribe the standards for fences and
pool enclosures.
Whereas Subsection 11(3) 7 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
(the “Municipal Act”), provides that a local municipality may pass by-laws respecting
structures, including fences and signs;
And whereas Subsection 98(1) and (2) of the Municipal Act provides that a by-law may
be passed by a municipality stating that the Line Fences Act, R.S.O. 1990, c. L.17 does
not apply to all or part of the municipality, subject to the continuing applicability of
Section 20 of the Line Fences Act;
And whereas Section 26 of the Line Fences Act states that it does not apply, except for
Section 20, to land in an area that is subject to a by-law for apportioning the costs of
line fences passed under the Municipal Act;
And whereas Subsection 8(1) of the Municipal Act provides that powers of a
municipality shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers appropriate
and to enhance the municipality’s ability to respond to municipal issues;
And whereas Subsection 391(1) of the Municipal Act provides that a municipality may
pass by-laws imposing fees or charges on any persons for the use of its property
including property under its control;
And whereas Section 446 of the Municipal Act provides that a municipality may proceed
to do things at a person's expense which that person is otherwise required to do under a
by-law but has failed to do and to recover the costs of doing so by adding the costs to
the tax roll and collecting them in the same manner as property taxes;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1.Definitions
1.1 In this by-law, the following words have the following meanings:
(a)“Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23,
as it may be amended or replaced from time to time;
(b)“CBO” means the Chief Building Official of the Town as appointed
pursuant to the Building Code Act;
(c)“Clerk” means the Clerk of the Town as appointed pursuant to the
Municipal Act, 2001, S.O. 2001, c. 25;
(d)“Council” means the Council of the Town;
(e)“Director” means the department head responsible for the By-law Services
Division of the Town, or his/her designate or successor;
Page 72 of 99
By-law Number XXXX-22 Page 2 of 22
(f)“Driveway” means any space on private property used, or intended to be
used, by vehicles to park or to access parking;
(g)“Fence” means a barrier, including one for noise attenuation, or any
structure, except a structural part of a building, that wholly or partially
screens from view, encloses or divides a yard or other land, or marks or
substantially marks the boundary between adjoining land, and includes
any hedge or shrub that has the same effect;
(h)“Front Yard” means the space, extended to the full width of the lot,
including any side Lot Lines, between the main front wall of the building
and the Lot Line abutting a Public Highway, but on a corner lot means the
space, extended to the full width of the lot, including any side Lot Line,
between the shorter Lot Line abutting a Public Highway, other than a
public lane, and the nearest wall of the main building on the lot;
(i)“Guard” means as defined under Ontario Regulation 332/12, the Building
Code of Ontario, or amended or successor thereof;
(j)“Height” means the vertical distance above grade of ground level or, if
another reference point is specified, vertical distance above the other
reference point;
(k)“Lot Line” means the boundary line of a lot that marks the division of
properties;
(l)“Multiple Residential Property” means land that is not a Single Residential
Property and that is primarily used for residential uses, and also includes
land used for hotels and vacant land that abuts a Multiple Residential
Property, as prior defined;
(m)“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as
amended or successor thereto;
(n)“Non-Residential Property” means land that is used for purposes other
than for residential use, and includes land that is used for both residential
and other uses, and also includes vacant land abutting Non-Residential
Property, as prior defined;
(o)“Officer” means a person appointed by the Town as a Municipal Law
Enforcement Officer;
(p)“Open-Fence Construction” means a Fence construction that provides
motorists and pedestrians with an unobstructed view of people, vehicles
and their movements through the entire length of the Fence;
(q)“Outside” when used in reference to a Swimming Pool Enclosure, means
the side external to the enclosed area in which the pool is located;
(r)“Owner” means all registered owners of a property and also includes:
(i) the owner in trust,
(ii) a mortgagee in possession,
Page 73 of 99
By-law Number XXXX-22 Page 3 of 22
(iii) any Person that is managing the property or is responsible for
managing the property,
(iv) any Person who collects rent on the property or is responsible for
collecting rent on the property, and
(v) any lessee or occupant of the property;
(s) “Parking Lot” means any space on private property used, or intended to be
used, by vehicles to park or to access parking that is not on a Single
Residential Property;
(t) “Person” includes an individual, sole proprietorship, partnership, limited
partnership, trust or body corporate, or an individual in his or her capacity
as a trustee, executor, administrator or other legal representative;
(u) “Public Highway” means any highway as defined under the Municipal Act
and includes any street, road, sidewalk, boulevard, lane or any other
portion of a highway;
(v) “School” means any land or premises used for, or intended to be used for,
a school site as defined under the Education Act, R.S.O. 1990, c. E.2;
(w) “Single Residential Property” means and includes:
(i) a property that is used for not more than two dwelling units in a
detached or semi-detached building, and
(ii) vacant land abutting Single Residential Property as defined in
subparagraph (i) above;
(x) “Snow Fence” means any Fence used to force drifting snow to accumulate
in a predictable place, and which is usually constructed of plastic mesh,
lightweight woodstrip, or wire fencing;
(y) “Swimming Pool” means any outdoor structure or thing located on
privately owned property that is capable of being used for swimming,
wading or bathing and in which the water depth at any point can exceed
600 millimetres, excluding all naturally occurring bodies of water and
areas used for storm water management;
(z) “Swimming Pool Enclosure” means a Fence, wall or other structure,
including any permitted door, gate or other opening, which surrounds and
restricts access to an outdoor Swimming Pool;
(aa) “Swimming Pool Enclosure Permit” means a written permit issued by the
Town pursuant to this by-law authorizing the erection, construction,
placing or maintenance of a Swimming Pool Enclosure;
(bb) “Temporary Enclosure” means a Fence, wall or other structure, including
any permitted door, gate or other opening, which temporarily surrounds
and restricts access to an outdoor Swimming Pool or the site on which a
Swimming Pool is being constructed;
Page 74 of 99
By-law Number XXXX-22 Page 4 of 22
(cc) “Town” means The Corporation of The Town of Aurora and/or the
geographical limits of the Town of Aurora, depending on the context of the
provision in which the term appears;
(dd) “Zoning By-law” means the Zoning By-law of the Town of Aurora as
amended or successor legislation thereto.
2.Interpretation and Application of this By-law
2.1 This by-law shall be known and may be cited as the “Fence and Pool Enclosure
By-Law”.
2.2 The provisions of this by-law shall apply to all lands and premises within the
Town of Aurora.
2.3 Notwithstanding the above, this by-law does not apply to any Fence, Swimming
Pool Enclosure, Temporary Enclosure or Swimming Pool erected, placed or
constructed by or on behalf of the Town, The Regional Municipality of York, the
Lake Simcoe Region Conservation Authority, the Toronto and Region
Conservation Authority or the Federal Government of Canada.
2.4 Unless otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections clauses, and schedules in this by-law.
2.5 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to
be interpreted without reference to such headings.
2.6 References in this by-law to any statute or statutory provisions include
references to that statute or statutory provision as it may from time to time be
amended, extended, or re-enacted.
2.7 This by-law shall be read with all changes in gender or number as the context
requires.
2.8 References in this by-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
2.9 The words “include”, “includes”, “including” are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
2.10 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 the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
2.11 This by-law and the provisions contained within are intended to be
complementary to other by-laws passed by Council and in the event that any
other applicable law requires a higher standard than the provisions contained in
this by-law, the higher standard shall apply.
2.12 Where vacant land is adjacent to more than one type of Single Residential
Property, Multiple Residential Property and Non-Residential Property, the Fence
Page 75 of 99
By-law Number XXXX-22 Page 5 of 22
restrictions and requirement that apply to each part of the fence shall be those
that apply to the property that is adjacent to such part of the Fence.
3.Planning Act Agreements
3.1 Where a property is subject to a site plan agreement under Section 41 of the
Planning Act, R.S.O. 1990, c. P.13 any Fences on such property shall comply with
the applicable site plan agreement. In case of any conflict or inconsistency as
between such a site plan and this by-law, the provision of the site plan agreement
shall prevail.
3.2 Where a property is subject to a subdivision agreement under Section 51 of the
Planning Act any Fences on such property shall comply with the applicable
subdivision agreement. In case of any conflict or inconsistency as between such
a subdivision agreement and this by-law, the provision of the subdivision
agreement shall prevail.
4.Prohibitions and Restrictions on Fences
4.1 No Person shall erect, own or maintain, or cause or permit the erection or
maintenance of, any Fence that does not comply with this by-law and with any
other applicable law.
4.2 No Person shall erect, own or maintain, or cause or permit the erection or
maintenance of, any Fence:
(a) that uses or is constructed of, wholly or partially, any barbed wire, chicken
wire, or other barbed or sharp material;
(b) that uses or is constructed of, wholly or partially, any sheet metal or
corrugated metal panels;
(c) that, wholly or partially, conducts electricity or contains a device that
conducts electricity, unless the Fence is located on agricultural land that is
in actual use for raising livestock and such Fence or electrical device:
i) carries electricity of not more than 12 volts;
ii) is designed and installed only for the purpose of containing
livestock; and
iii) has signs installed at not more than twelve (12) metre intervals
along the Fence warning that the Fence carries electricity;
for clarity, this restriction (c) does not apply with respect to a canine
perimeter shock collar system.
(d) That uses or wholly or partially consists of materials not usually intended
for use in permanent fencing, including, without limitation, adhesive tape,
cloth, textile, cardboard and paper, unless specifically permitted by this by-
law or another by-law.
4.3 Any Fence that is not permanently affixed to the ground in a structurally sound
manner shall not be erected or maintained, or be caused to be erected or
maintained, for a period that is longer than 180 consecutive days or a total of 180
Page 76 of 99
By-law Number XXXX-22 Page 6 of 22
calendar days in any year, unless otherwise approved by the Director or is
associated to an active and valid Swimming Pool Enclosure Permit or building
permit pursuant to the Building Code Act for the property on which such Fence is
erected. Any such non-permanent Fence shall at all times comply with the
provisions of this by-law.
4.4 Notwithstanding Paragraph (d) of Subsection 4.2, a Snow Fence may be used in
the time period between November 15 and April 15, provided that it complies
with all corresponding standards in this and other applicable bylaws.
4.5 Notwithstanding any other provisions of this by-law, any Fence located in a Front
Yard of a property that is zoned as Estate Residential or Rural, under the Zoning
By-law, shall be constructed or erected using Open-Fence Construction.
4.6 Unless otherwise provided in this by-law, the types of Fences described in the
table in Schedule “A” shall comply with the Height and any other restrictions as
outlined in Schedule “A”, subject to the following:
(a) when measured at any point along its length from the average grade level
measured perpendicular to and one meter away on either side of the
Fence, the described Fences shall not exceed the associated Height
restrictions outlined in Schedule “A”;
(b) where more than one description in the following table applies to a Fence,
each part that corresponds to a single description shall be deemed to be a
separate Fence for the purpose of determining the maximum Height for
that part;
(c) despite the Height restrictions set out herein, a Fence at any School may
be up to a maximum of 1.5 meters in Height if such Fence is adjacent to a
Public Highway or right-of-way
4.7 Unless otherwise provided in this by-law, all Fences shall comply with the
following requirements with respect to Driveways and Parking Lots:
(a) any Fence located within 2.4 meters of any Driveway shall be an open
mesh chain-link Fence, or of an equivalent Open-Fence Construction, for at
least 2.4 meters from the Lot Line at which the Driveway begins so as not
to obstruct the view of the boulevard or highway;
(b) on or around a Parking Lot, any Fence shall be an open mesh chain-link
Fence, or of an equivalent Open-Fence Construction, anywhere it may
otherwise restrict the sight lines of vehicular or pedestrian traffic in the
Parking Lot; and
(c) no vegetation shall be permitted to grow and no object shall be placed in
such a way as to obstruct the view through a Fence to which the
aforementioned paragraphs (a) or (b) apply.
4.8 Any part of a Fence erected or located within 60 centimeters of a building on an
adjacent property shall be constructed with removable panels or have hinged
panels, or otherwise be constructed in such a way to provide ease of access to
such adjacent building. Notwithstanding the above, the requirement to provide
Page 77 of 99
By-law Number XXXX-22 Page 7 of 22
removable panels or access to a building only applies with respect to Fences, or
those parts of Fences, that:
(a) are erected or constructed following the date of enactment of this by-law,
and
(b) are located next to a building that fits into the definition of a building
under the Building Code Act which was legally erected prior to the Fence
being put in place.
4.9 Where a Fence is used as a Guard, it shall be installed and maintained in
compliance with the provisions of the Building Code Act and the associated
regulations. Further, if a Guard forms part of a Swimming Pool Enclosure, it shall
also comply with the requirements of Section 5 of this by-law. In the case that
more than one by-law requirement or more than one by-law apply with respect to
Guard requirements, the more restrictive provisions shall apply.
5.Swimming Pool Enclosure Permits
5.1 No Person shall excavate for or erect, or cause to be excavated for or erected, a
privately-owned outdoor Swimming Pool without first obtaining a Swimming Pool
Enclosure Permit for the premises on which the Swimming Pool is to be located.
5.2 An application for a Swimming Pool Enclosure Permit shall be submitted to the
CBO on a form as prescribed by the CBO.
5.3 The form, content, terms, conditions and requirements of the application for a
Swimming Pool Enclosure Permit shall be as prescribed by the CBO from time to
time and the CBO may, without limiting the CBO’s authority to prescribe the
application and its form, content, terms, conditions and requirements, require as
part of an application:
(a) a detailed accurate site plan that illustrates the location of and the
setback measurements of the fencing, easements, pool and all buildings;
(b) the applicant to agree to any terms and conditions as prescribed by the
CBO;
(c) any affidavits, drawings, plans, surveys, photographs and other
documents the CBO deems to be necessary in order to assess the
proposed application; and
(d) any information deemed necessary by the CBO to be able to evaluate the
application with respect to the proposed activities and the associated
timeframes.
5.4 In addition to the above, any premises subject to an application for a Swimming
Pool Enclosure Permit located within the Lake Simcoe Region Conservation Area
(LSRCA) or the Toronto Region Conservation Authority (TRCA) must receive
approval in writing from the LSRCA or the TRCA, as applicable, prior to
submitting the Swimming Pool Enclosure Permit application to the CBO.
5.5 Upon receipt of an application for a Swimming Pool Enclosure Permit and receipt
of the applicable fees, as established in the Town’s Fees and Charges By-law, the
Page 78 of 99
By-law Number XXXX-22 Page 8 of 22
CBO shall make investigations as necessary to assess the application and may,
in accordance with the criteria and requirements set out in this by-law:
(a) issue a Swimming Pool Enclosure Permit after receipt of a complete
application for an enclosure that meets all the requirements of this by-law;
(b) in the case of an approved application for a Swimming Pool Enclosure
Permit, impose such terms and conditions on the Swimming Pool
Enclosure Permit as deemed appropriate by the CBO:
(i) for the protection of any public infrastructure and property abutting
the area subject to the Swimming Pool Enclosure Permit,
(ii) for the protection of health, safety and well-being of persons and
the environment,
(iii) for the purposes of administration of the Swimming Pool Enclosure
Permit and the operations of the Town,
(iv) for the purposes of maintaining proper standards and
workmanship,
(v) for the purposes of protecting the Town interests with respect to
any risks associated with the work or activities pursuant to the
Swimming Pool Enclosure Permit and the use of a Swimming Pool,
and
(vi) to satisfy any requirements of this by-law or any other applicable
legislation.
(c) refuse to issue a Swimming Pool Enclosure Permit if:
(i) the application is not completed, all the information as required
under this by-law is not provided or the application does not meet
all the requirements of this by-law, or
(ii) the required fees are not provided.
5.6 In addition to the above, the CBO may, on his or her own initiative, acting
reasonably:
(a) alter or revoke the terms and conditions of a Swimming Pool Enclosure
Permit after it has been issued; or
(b) impose new terms and conditions in a Swimming Pool Enclosure Permit.
5.7 A Swimming Pool Enclosure Permit holder shall immediately inform the CBO of
any change to:
(a) the information contained in an application for a Swimming Pool
Enclosure Permit;
(b) the information contained in a Swimming Pool Enclosure Permit that has
been issued;
Page 79 of 99
By-law Number XXXX-22 Page 9 of 22
(c) the characteristics of the activity or work for which the Swimming Pool
Enclosure Permit has been issued; or
(d) the cancellation of any related activity or work.
In the case of any such change, the CBO may require revised or additional
information, additional fees, or a new application with respect to the change.
5.8 A Swimming Pool Enclosure Permit shall be time limited and shall expire
pursuant to the terms and conditions as set out in the Swimming Pool Enclosure
Permit, upon completion of the work or activity governed by the Swimming Pool
Enclosure Permit or revocation of such Swimming Pool Enclosure Permit,
whichever occurs first.
5.9 Prior to the expiry of a Swimming Pool Enclosure Permit, a Swimming Pool
Enclosure Permit holder may apply for an extension to the Swimming Pool
Enclosure Permit, and the CBO may approve of such extension.
5.10 The CBO may revoke a Swimming Pool Enclosure Permit if the Swimming Pool
Enclosure Permit holder, or parties conducting the work or activities pursuant to
the Swimming Pool Enclosure Permit:
(a) fail to comply with the terms and conditions of such a Swimming Pool
Enclosure Permit or fail to comply with this by-law;
(b) fail to notify the CBO immediately of any of the changes referred to in
Subsection 5.7 of this by-law;
(c) fail, within ninety (90) days after the issuance of the Swimming Pool
Enclosure Permit, to commence the work or activity, beyond a preliminary
or nominal level, for which the Swimming Pool Enclosure Permit was
obtained;
(d) substantially discontinue the work or activity for a period of more than
thirty (30) days;
(e) provide false or inaccurate information in the application for the
Swimming Pool Enclosure Permit; or
(f) any Person doing work on behalf of the Swimming Pool Enclosure Permit
holder has failed to comply with any applicable law, statutes, regulations,
orders, standards, codes, by-laws or rules.
5.11 In addition to the above, the CBO may immediately suspend or revoke a
Swimming Pool Enclosure Permit issued under this by-law, in writing, where the
CBO is satisfied that a suspension or revocation is necessary in an emergency
situation of immediate threat or danger to public infrastructure, any abutting
property or to any Person.
5.12 The CBO may give notice of the suspension or revocation of a Swimming Pool
Enclosure Permit by contacting a Swimming Pool Enclosure Permit holder in
writing, by telephone or by email in accordance with the contact information
provided on the Swimming Pool Enclosure Permit application.
Page 80 of 99
By-law Number XXXX-22 Page 10 of 22
5.13 Any decision of the CBO pursuant to this Section shall be final without a right to
appeal to Council.
6.Swimming Pool Enclosures and Temporary Enclosures
6.1 Every Owner of a property on which a privately-owned outdoor Swimming Pool is
located shall erect and maintain, or cause to be erected and maintained, a
Swimming Pool Enclosure completely around the privately-owned outdoor
Swimming Pool, which enclosure:
(a) shall extend from the ground to a Height, measured on the Outside of the
enclosure:
(i) of not less than 1.5 meters for any Swimming Pool on a Single
Residential Property,
(ii) of not less than 2.0 meters for any Swimming Pool on any property
other than a Single Residential Property,
along its entirely, including gates therein;
(b) may incorporate all or a portion of a wall of a building or a structure,
(i) but no entrances to the pool area shall be permitted through such
wall unless:
(A) the entrance is set back a minimum distance of 1.8 meters
from the water edge of the pool, and
(B) the entrance is to a building that is a dwelling or to a
building/ structure that does not provide access to the
Outside of the enclosure area; and
(ii) any access points into the pool area through such wall shall be
equipped with a dead bolt, chain-latch or some other mechanism to
secure such access point, located at a minimum height of 1.5
metres above the inside floor level of the building or structure;
(c) may incorporate one or more gates of equivalent material and
construction as the Swimming Pool Enclosure, which gates shall:
(i) be self-closing and equipped with a lockable, self-latching device
located on the inside near the top of the gate or on the outside at
least 1.5 metres above grade,
(ii) not include self-latching devices with any quick release device that
permits the gate to be opened from Outside of the enclosure, and
(iii) be supported on hinges that are designed and capable of
supporting the weight of the gate;
(d) shall be closed and locked at all times, including the entirety of the
enclosure and all gates and access points, when a responsible person, of
at least sixteen (16) years of age, is not present and supervising the
Swimming Pool;
Page 81 of 99
By-law Number XXXX-22 Page 11 of 22
(e) shall be located not less than 1.2 meters from the water edge and in the
case of an above ground systems pool with a deck and a Fence forming
part of the system, the water edge may be as close as 0.5 meters to the
Fence portion of the system.
6.2 All parts of a Swimming Pool Enclosure, including the gate, shall be constructed
in compliance with the following standards:
(a) any wood Fence that is used in or as part of a Swimming Pool Enclosure
shall be constructed in a good, workmanlike manner as follows:
(i) vertical boards shall be:
1. made up of at least 19 millimetre by 89 millimetre lumber;
2. spaced at least 38 millimetres apart where horizontal rails
are spaced less than 1.2 metres apart;
3. spaced at least 100 millimetres apart where horizontal rails
are spaced 1.2 metres apart or more;
4. attached to horizontal rails that are:
[A] made up of at least 38 millimetre by 89 millimetre
lumber; and
[B] supported on posts that are at least 89 millimetres by
89 millimetres, spaced not more than 2.4 metres
apart, securely fastened to the ground and structurally
sound.
(ii) horizontal boards shall be:
1. made up of at least 19 millimetre by 89 millimetre lumber;
2. spaced not more than 20 millimetres apart;
3. offset or protruding not more 15 millimetres from the board
immediately above or below; and
4. not more than 2.4 metres in length.
(b) any metal picket Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good, workmanlike manner as follows:
(i) vertical pickets shall be spaced not more than 38 millimetres apart
where horizontal rails are spaced less than 1.2 metres apart and
not more than 100 millimetres apart where horizontal rails are
spaced at least 1.2 metres apart; and
(ii) horizontal rails shall be supported on posts that are spaced not
more than 2.4 metres apart, securely fastened to the ground and
structurally sound.
(c) Any glass panel Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good workmanlike manner as follows:
Page 82 of 99
By-law Number XXXX-22 Page 12 of 22
(i) glass panels shall be located so there is no opening of more than
38 millimetres between the panel and the post where horizontal
elements are spaced less than 1.2 metres apart, and not more than
100 millimetres apart where horizontal elements are spaced more
than 1.2 metres apart;
(ii) horizontal elements shall be supported on posts that are spaced
not more than 2.4 metres apart, securely fastened to the ground
and structurally sound; and
(iii) glass panels used in Swimming Pool Enclosures shall be:
1. safety glass of the laminated or tempered type conforming
to CAN/CGSB-12.1-M "Tempered or Laminated Safety
Glass"; or
2. wired glass conforming to CAN/CGSB-12.1-M "Wired Safety
Glass”.
(d) any chain-link Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good, workmanlike manner and made
up of not greater than 40 millimetres diamond mesh, and galvanized steel
wire not less than 2.680 millimetres diameter (11 gauge);
(e) any wrought iron Fence that is used in or as part of a Swimming Pool
Enclosure shall be constructed in a good, workmanlike manner and with at
least 1 meter between horizontal members and with no greater than 10
centimeters of spacing between vertical bars; or
(f) a combination of the above or such other material design or construction
as will provide an equivalent degree of safety and which is approved in
writing by the CBO.
6.3 Where a Swimming Pool Enclosure or Temporary Enclosure is a building,
accessory building or structure, it shall be constructed of materials that will
withstand weathering and will remain in place when reasonable loads are
applied.
6.4 No Swimming Pool Enclosure or Temporary Enclosure shall have any
unprotected openings that would permit the passage of a sphere larger than 100
millimetres in diameter within or below the enclosure.
6.5 No Swimming Pool Enclosure or Temporary Enclosure shall have any members
or attachments that could facilitate climbing on the exterior face of the
Swimming Pool Enclosure or Temporary Enclosure for a distance between 100
millimetres and 1.2 meters from the grade.
6.6 No condition that facilitates climbing a Swimming Pool Enclosure or Temporary
Enclosure may be permitted to remain within 1.0 meter of the exterior of the pool
enclosure or temporary enclosure.
6.7 Notwithstanding any other provisions of this by-law, a Temporary Enclosure:
(a) shall have a Height of not less than 1.2 meters along its entirety;
Page 83 of 99
By-law Number XXXX-22 Page 13 of 22
(b) may be constructed of plastic mesh having openings no greater than 38
millimetres;
(c) shall have a steel T-bar post installed at intervals no less than every 2
meters;
(d) shall have a 9-gauge galvanized steel wire located at the top and bottom
of such fencing; and
(e) shall be continuously erected and maintained in a workmanlike manner.
Notwithstanding the above requirements, a Temporary Enclosure may be
constructed in a manner that in the opinion of the CBO will provide a satisfactory
degree of safety, provided such is approved by the CBO in writing prior to its
construction.
6.8 For an above-ground Swimming Pool, the exterior side of the above-ground
Swimming Pool structure and any rail or Guard attached thereto shall constitute
a Pool Enclosure and the provisions of this by-law shall apply to such sides of the
Swimming Pool. In addition, the Owner of the property on which such above-
ground Swimming Pool is located and shall ensure the following requirements
are complied with at all times:
(a) the means of entry within the Swimming Pool Enclosure shall be kept
closed and locked except when the Swimming Pool or enclosed area is in
use by the Owner, it's invitees or licensees;
(b) where the means of entry to the Swimming Pool Enclosure is with a
ladder, such ladder shall be removable from the vicinity of the pool or be
designed to be lifted and locked or be designed to have a lockable cover
when the pool is not in use;
(c) the exterior sides of the above-ground Swimming Pool structure and the
Outside face of any rail or Guard shall be constructed as a Swimming Pool
Enclosure, in a manner that will not facilitate climbing;
(d) where a platform or deck is constructed adjacent to an above-ground
Swimming Pool and such platform or deck is higher than 0.6 meter above
the adjacent grade, a rail or Guard of not less than 0.9 meter in Height
shall be provided around the Outside perimeter of such deck;
notwithstanding the other provisions of this by-law, such a rail or Guard
may be constructed within 1.2 meters of the nearest edge of the water
contained in the above-ground Swimming Pool;
(e) notwithstanding any other provisions of this by-law, the combined Height
of the exterior sides of the Swimming Pool structure and any rail or Guard
attached thereto shall be a minimum of 1.5 meters and may be a
maximum of 2.5 meters in Height above the adjacent grade; and
(f) the pool, platform and/or deck shall be setback from the Lot Lines in
accordance with the Town’s Zoning By-law.
7.Pool Construction and Filling of New Pools
Page 84 of 99
By-law Number XXXX-22 Page 14 of 22
7.1 While under construction, every privately owned outdoor Swimming Pool, or the
site on which a Swimming Pool is to be constructed, shall be enclosed with a
Temporary Enclosure, as described in this by-law, until such time as a Swimming
Pool Enclosure has been erected in compliance with the provisions of this by-law.
7.2 No Person shall place or allow water to remain in a newly constructed Swimming
Pool, until:
(a) the CBO or their designate has been notified and the Pool Enclosure has
been inspected and accepted; and
(b) the provisions of this by-law and applicable law have been fully complied
with.
7.3 Despite Section 7.2, a Person may fill a Swimming Pool with water when a
Temporary Enclosure has been erected in compliance with this bylaw, but the
Swimming Pool shall not be used until a permanent Swimming Pool Enclosure has
been erected and the Town has conducted an inspection and confirmed
completion of the permanent Swimming Pool Enclosure in compliance with this
bylaw and the applicable Swimming Pool Enclosure Permit.
8.Hot Tubs and Whirlpool
8.1 Notwithstanding the provisions of this by-law, a Swimming Pool that is a hot tub,
whirlpool, or swim spa and has a structurally adequate cover over its entirety that
is permanently attached, that may be locked and that will support a weight of at
least 27.2 kilograms, is not required to be enclosed by a Swimming Pool
Enclosure or a Temporary Enclosure at any time and is not required to have a
Swimming Pool Enclosure Permit in place to conduct construction.
8.2 The Owner of a property on which a Swimming Pool that is a hot tub, whirlpool, or
swim spa is located shall ensure that the cover for such remains securely closed
and locked at all times when it is not in use by the Owner, its invitees or
licensees.
9.Fence Variances
9.1 Where a proposed or existing Fence does not comply with this By-law, the Owner
of the lot on which the Fence, wholly or partially, is or is proposed to be
constructed, or an authorized agent of the Owner, may request a variance from
any of the applicable provisions of this by-law. In the case of a Fence, or a part of
a Fence, that straddles or is located on more than one lot, the variance may be
requested by any one lot Owner on which the Fence, or part of a Fence, is located
or the request may be made jointly by multiple Owners of lots on which the
Fence, or part of the Fence, is located.
9.2 Applications for variance of a Fence shall be submitted to and processed by the
Director, expect for Fences that constitute, wholly or partially, a Swimming Pool
Enclosure. Any application for a variance of a Fence that serves, or is intended to
serve, wholly or partially, as a Swimming Pool Enclosure, shall be submitted to
and processed by the CBO.
Page 85 of 99
By-law Number XXXX-22 Page 15 of 22
9.3 An application for a variance shall be made on the form prescribed by the
Director or CBO, as applicable, and shall be accompanied by the non-refundable
variance application fee, as prescribed in the Fees and Charges By-law.
9.4 The form, content, terms, conditions and requirements of an application for a
variance shall be as prescribed by the Director or the CBO from time to time and
the Director and the CBO may, without limiting its authority to prescribe the
application and its form, content, terms, conditions and requirements, require as
part of an application:
(a) the name, address and contact information of the applicant(s);
(b) the address of the lot(s) subject to the variance request;
(c) enumeration of the specific Section(s) of this by-law from which the
variance is sought;
(d) a detailed description explaining why the applicant requires the variance;
(e) a description of the Fence, or proposed Fence, including the dimensions
and the specifications of the construction and installation;
(f) a survey of the lot(s) identifying the location of the Fence, or proposed
Fence;
(g) a site plan of the lot(s) identifying the location of the Fence, or proposed
Fence;
(h) any affidavits, drawings, plans, surveys, photographs and other
documents the Director or CBO deems to be necessary in order to assess
the proposed application;
(i) any other information deemed necessary by the Director or CBO to be able
to evaluate the application with respect to the proposed variance.
9.5 Upon receipt of a complete application for a variance and receipt of the
applicable fees, as established in the Town’s Fees and Charges By-law, the
Director or CBO, as applicable, shall cause notice of the application to be
provided to property Owners of properties that abut the property subject to the
proposed variance. Such notice may be provided by any reasonable means as
determined by the Director or CBO, as applicable, including through personal
service, mail, courier and posting a sign on the subject property, and may be
effected by directing the applicant to provide such notice.
9.6 The form and content of a notice pursuant to Section 9.5 shall be as prescribed
by the Director or CBO, as applicable, from time to time, but at a minimum shall:
(i) identify the property subject to the proposed variance;
(ii) describe the requested variance, and
(iii) inform that objections other comments on the proposed variance are to
be forwarded to the Director or CBO, as applicable.
Page 86 of 99
By-law Number XXXX-22 Page 16 of 22
9.7 Upon provision of notice pursuant to Section 9.5, or otherwise confirming that
such notice has been provided, and permitting for a reasonable time period in
which to receive objections and comments on the proposed variance, the
Director or CBO, as applicable, shall make investigations as necessary to assess
the application and shall bring the variance request for consideration by Council
at a meeting that is open to the public. The Council shall decide the variance
request as deemed appropriate by Council.
9.8 Upon a decision being made pursuant to Section 9.7, the Director or CBO, as
applicable, shall provide the applicant, and any Owner of a property that is
abutting the property subject to the application, a written notice of the decision.
9.9 Any decision of Council pursuant to section 9.7 is deemed to be final without any
further right of appeal.
9.10 Unless otherwise specified by Council as part of its decision, any variance
granted pursuant to this Section 9 shall be effective and valid until such time as
the Fence to which the variance applies is substantially replaced or removed
entirely.
10.Administration and Enforcement
10.1 The Director and the CBO shall be responsible for and are delegated the power to
administer and enforce this by-law, including prescribing the content of any
forms or other documents required under this by-law.
10.2 The CBO shall be responsible for and is delegated the power to issue, revoke,
suspend, set conditions of, process and administer Swimming Pool Enclosure
Permits and any related applications.
10.3 The Director, the CBO and Officers of the Town are hereby delegated the
authority to enforce this by-law, including the authority to conduct inspections
pursuant to this by-law, the Act, as amended, and any other applicable by-law or
legislation.
10.4 The Director and the CBO is authorized to delegate responsibilities for the
administration and enforcement of this by-law to any Town staff or external third
parties deemed to be qualified and appropriate by the Director or CBO for such
purposes.
11.Power of Entry, Inspection, Prohibitions
11.1 An Officer, or any other individual authorized to enforce this by-law on behalf of
the Town, may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any permit issued pursuant to this by-law,
(c) any direction or order under this by-law; or
(d) an order issued under Section 431 of the Act.
Page 87 of 99
By-law Number XXXX-22 Page 17 of 22
11.2 Where an inspection is conducted pursuant to this Section, an Officer or any
other individual authorized to enforce this by-law on behalf of the Town, 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 and 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 purpose of the inspection.
11.3 No Person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
11.4 No Person shall fail to comply with, or contravene, any order or direction issued
by the Town pursuant to this by-law or the Act.
11.5 Where an Officer, or an individual authorized to enforce this by-law, has
reasonable grounds to believe that an offence has been committed by any
Person, they may require the name, address and proof of identity of that Person,
and the Person shall supply the required information.
11.6 No Person shall decline or neglect to give, produce or deliver any information,
document or other thing that is requested by the Town pursuant to this by-law.
11.7 No Person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
12.Orders
12.1 Where any Officer or the CBO is satisfied that a contravention of this by-law has
occurred, such Officer or CBO may make an order requiring the Person who
caused or permitted such contravention, or the Owner of the land on which the
contravention occurred, to discontinue the contravening activity and/or to do
work to correct the contravention.
12.2 An order pursuant to this Section shall set out the following:
(a) reasonable particulars identifying the location of the land on which the
contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to
be seized and/or actions or work to be done);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done; and
Page 88 of 99
By-law Number XXXX-22 Page 18 of 22
(e) information regarding the Town's contact person.
12.3 An order pursuant to this Section shall be deemed to have been received upon:
(a) personal service of the order on the Person subject to the order;
(b) one day after transmission of the order through electronic means to an
email or social media address provided by the Person subject to the order;
(c) one day after posting the order in a conspicuous location on the property
subject to the order;
(d) the fifth (5th) day after the order is sent by registered mail to the last
known address of the Person who is subject to the order.
12.4 In the case where there is evidence that the occupant of the land subject to an
order is not the registered property owner, such order shall be served on both the
registered property owner and the occupant of the land.
13.Remedial Action and Cost Recovery
13.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any Person within a specified time period, in default
of it being done by the Person directed or required to do it, the action may be
taken under the direction of the Director, CBO or an Officer at that Person’s
expense and the Town may recover the costs incurred through a legal action or
by recovering the costs in the same manner as taxes.
13.2 For the purposes of taking remedial action under this Section, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
14.Offences and Penalties
14.1 Every Person who contravenes any provision 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.
14.2 Every Person who contravenes any order issued pursuant to 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.
14.3 If a corporation has contravened a provision of this by-law, including an order
issued under this by-law, every director and officer who knowingly concurred in
such a contravention is guilty of an offence.
14.4 Pursuant to Subsection 429(2) of the Act, all contraventions of this by-law or
orders issued under this by-law are designated as continuing offences. If a
contravention of any provision of this by-law has not been corrected, or an order
issued under this by-law has not been complied with, the contravention of such a
provision or an order shall be deemed to be a continuing offence for each day or
part of a day that the contravention remains uncorrected or an order not
complied with.
Page 89 of 99
By-law Number XXXX-22 Page 19 of 22
14.5 On conviction of an offence under this by-law, every Person is liable to a fine in
accordance with the following rules pursuant to the Act:
(a) to a fine of not less than $500.00 and not more than $100,000.00;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, the minimum fine shall be $500.00 and the maximum
fine shall be $10,000.00, despite paragraph (a), the total of all the daily
fines for an offence is not limited to $100,000;
(c) in the case of a multiple offence, for each offence included in the multiple
offence, the minimum fine shall be $500.00 and the maximum fine shall
be $10,000.00, despite paragraph (a), the total of all fines for each
included offence is not limited to $100,000.
14.6 In addition to fines under this Section, a Person convicted of an offence under
this by-law may be liable to a special fine in the amount of the economic
advantage or gain that such a Person obtained from the contravention of this by-
law. Notwithstanding Subsection 14.5 above, a special fine my exceed $100,000.
14.7 Where a Person is convicted of an offence under this by-law, the court in which
the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the
offence by the Person convicted.
15.Administrative Penalties
15.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended, for a breach of any provision of this by-law, an individual authorized
to enforce this by-law on behalf of the Town may issue an administrative penalty
to the Person who has contravened this by-law.
15.2 Individuals authorized to enforce this by-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative
penalty is issued to a Person for the breach, no charge shall be laid against that
same Person for the same breach.
15.3 The amount of the administrative penalty for a breach of a provision of this by-
law, shall be as established pursuant to applicable Town by-laws.
15.4 A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in the applicable Town by-laws relating to
administrative penalties.
16.Presumption
16.1 An Owner of a property on which a non-compliance or contravention has
occurred shall be presumed to have carried out or caused or permitted to be
carried out the non-compliance or contravention, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
17.Line Fences Act
Page 90 of 99
By-law Number XXXX-22 Page 20 of 22
17.1 With the exception of Section 20 of the Line Fences Act, the Line Fences Act shall
not apply to any part of the Town.
18.Transition
18.1 Any Fence, Swimming Pool, Swimming Pool Enclosure and Temporary Enclosure
lawfully existing or erected on or prior to the effective day of this by-law, shall
continue to be subject to the Height, structural, material and composition
restrictions and requirements as set out in By-law Number 4753.05.P, as it read
on the effective date of this by-law, unless any such applicable restrictions or
requirements are more permissive under this by-law, in which case the provisions
of this by-law shall apply. The aforementioned continuing provisions of By-law
Number 4753.05.P shall continue to apply with respect to any part of a Fence,
Swimming Pool, Swimming Pool Enclosure or Temporary Enclosure until time as
such part of the Fence, Swimming Pool, Swimming Pool Enclosure or Temporary
Enclosure is substantially replaced or removed entirely.
18.2 Any permits issued pursuant to By-law Number 4753.05.P on or prior to the
effective date of this by-law shall remain effective and be subject to the
provisions of this by-law, except that such a permit shall be subject to the terms
and conditions imposed at the time of issuance until expiry or termination of
such permit, or if the permit is otherwise amended pursuant to this by-law.
19.Repeal
19.1 By-laws Number 4753.05.P and Number 6086-18, all as amended, are hereby
repealed.
20.Effective Date
20.1 This by-law comes into full force and effect on the date of final passage hereof.
Enacted by Town of Aurora Council this 28th day of June, 2022.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 91 of 99
By-law Number XXXX-22 Page 21 of 22
Schedule “A”
Maximum Height of Fences
Item
# Description of Fence
Fence on
Single or
Multiple
Residential
Property
Fence on Non-
Residential
Property
Hedge, shrub,
or other
vegetation that
acts as a
Fence
1.
Fence in a Front Yard;
and not on a property
zoned as Estate
Residential or Rural under
the Zoning By-law
1.2 meters 1.2 meters 1.2 meters
2.
Fence in a Front Yard;
and on a property zoned
as Estate Residential or
Rural under the Zoning
By-law;
and within 2.4 meters of
a Lot Line abutting a
Public Highway
1.2 meters 1.2 meters 1.2 meters
3.
Fence in a Front Yard;
and on a property zoned
as Estate Residential or
Rural under the Zoning
By-law;
and not within 2.4 meters
of a Lot Line abutting a
Public Highway
2.0 meters 2.0 meters 2.0 meters
4.
Fence not in a Front Yard;
and within 2.4 meters of
a Lot Line abutting a
Public Highway
2.0 meters 2.5 meters 2.0 meters
5.
Fence not in a Front Yard;
and not within 2.4 meters
of a Lot Line abutting a
Public Highway;
and abutting a Multi-
Residential Property, a
Non-Residential Property,
or a public walkway
2.5 meters 2.5 meters 2.5 meters
Page 92 of 99
By-law Number XXXX-22 Page 22 of 22
Item
# Description of Fence
Fence on
Single or
Multiple
Residential
Property
Fence on Non-
Residential
Property
Hedge, shrub,
or other
vegetation that
acts as a
Fence
6.
Fence on an unroofed
deck;
and not in a Front Yard;
and not within 2.4 meters
of a Lot Line abutting a
Public Highway
2.0 meters
above surface
of deck
2.0 meters
above surface
of deck
No Maximum
7.
Fence within 2.4 meters
of a Driveway or Parking
Lot
* except for item 9, this
height limit supersedes
and is in addition to any
of the others in this table
1.2 meters 1.2 meters N/A
8.
Fence for a tennis court,
baseball diamond, or
other recreational facility
* any such Fence shall
not substantially obstruct
the passage of light or
view through any part of
the Fence that extends
above 2.0 meters
3.0 meters 4.5 meters 3.0 meters
9.
An entry gate and
associated entry features
on a property zoned as
Rural, Institutional or
Estate Residential under
the Zoning By-law
* this height limit
supersedes any others in
this table that are more
restrictive and apply to
this item 9
3.0 meters 3.0 meters 3.0 meters
10.
Any other Fence, or part
of a Fence, that does not
fit into any of the other
aforementioned items
2.0 meters 2.5 meters No Maximum
With respect to any part of a Fence that is located on a Single Residential Property or
a Multiple Residential Property, and also on a Non-Residential Property, or otherwise
straddling or between such properties, the less restrictive Height limit shall apply to
such part of the Fence.
Page 93 of 99
___________________________________
___________________________________
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to amend By-law Number 6404-22, to enact a Procurement
Policy for the Town.
Whereas on February 22, 2022, the Council of The Corporation of the Town of Aurora
(the “Town”) enacted By-law Number 6404-22, being a by-law to enact a new
Procurement Policy for the Town of Aurora;
And whereas on June 28, 2022, the Council of the Town passed a motion contained in
Report No. FIN22-019, to bring forward amendments to By-law Number 6404-22;
And whereas the Council of the Town deems it necessary and expedient to amend By-
law Number 6404-22;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Subsection 4.3 of By-law Number 6404-22 be and is hereby amended by adding
the following:
“(d) the Non-Standard Procurements authority to procure software licenses,
maintenance, and pay related fees (excluding implementation costs) for
contracts of up to five years and over $250,000,”
2. Table 2 in Section B. Non-Standard Procurement to Schedule “D” of By-law
Number 6404-22 be and is hereby amended by adding the following:
Procurement Value Authorize
Procurement
Delegated Authority to
Procure
$250K and over for software
licenses, maintenance, and
related fees (excluding
implementation costs) for
contracts of up to five years
PGC Department Head
3. Authorization Process in Section B. Non-Standard Procurement to Schedule “D”
of By-law Number 6404-22 be and is hereby amended by adding the following:
“h) If the Procurement Value is equal to or greater than $250,000 and is for
the procurement of software license, maintenance, or related fees
(excluding implementation costs) for a contract of up to five years, the
PGC may authorize the Procurement and delegate the authority to procure
to the Department Head.”
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 94 of 99
___________________________________
___________________________________
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to establish a Compliance Audit Committee for compliance
audit applications received during the 2022 to 2026 Term of Council.
Whereas subsection 88.37(1) of the Municipal Elections Act, 1996, S.O. 1996, c. 32,
Sched., as amended (the “Act”) states a council or local board shall establish a
compliance audit committee before October 1 of an election year for the purposes of the
Act;
And whereas it is the responsibility of a compliance audit committee to consider
compliance audit applications and reports from the Town Clerk relating to the campaign
finances of candidates and registered third parties who participated in the 2018 Municipal
Election or in any by-election that might occur during the 2018-2022 Term of Council;
And whereas the Regional Municipality of York and its constituent municipalities have
collaborated on the recruitment of a roster of individuals, to be known as the Joint
Compliance Audit Committee Roster, from which the local municipalities will appoint
Compliance Audit Committees as necessary;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. A Committee of three (3) members, to be known as the Compliance Audit
Committee, is hereby established to deal with matters provided for in Sections
88.33, 88.34, 88.35 and 88.36 of the Act;
2. The members of the Compliance Audit Committee shall be selected by the Town
Clerk from the following roster of individuals:
Terrence James Alderson
Ron Colucci
Jodi L. Feldman
Robert M. Freedman
Mark Gannage
Kelly Gravelle
Wm. Paul Jones
Clarence Lui
Anxhela Peco
Reagan Ruslim
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 95 of 99
___________________________________
___________________________________
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to amend By-law Number 6106-18, to designate a site plan
control area.
Whereas on July 24, 2018, the Council of The Corporation of the Town of Aurora (the
“Town”) enacted By-law Number 6106-18, being a by-law to designate a site plan control
area, under section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the
“Planning Act”);
And whereas Bill 109, More Homes for Everyone Act, 2022 was introduced on March 30,
2022, and received Royal Assent on April 14, 2022, to amend various statutes with
respect to housing, development and various matters, including section 41 of the
Planning Act;
And whereas under subsection 41 (4.0.1) of the Planning Act, a council that passes a
by-law under subsection 41 (2) of the Planning Act shall appoint an officer, employee or
agent of the municipality as an authorized person for the purposes of subsection 41 (4)
of the Planning Act;
And whereas the Council of the Town deems it necessary and expedient to amend By-
law Number 6106-18, as subsection 41 (4.0.1) of the Planning Act provides for the
appointment of an authorized person for the purposes of subsection 41 (4) of the
Planning Act, on July 1, 2022;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Section 3 of By-law Number 6106-18 be and is hereby renumbered to section 4.
2. By-law Number 6106-18 be and is hereby amended by adding the following:
“3. (a) No person shall undertake any development in the site plan control area
without the approval of the required plans and drawings in accordance
with the requirements of section 41 of the Act.
(b) The Director is hereby delegated Council’s authority to approve plans and
drawings, grant, waive or amend site plan approval, impose conditions and
require agreements pursuant to section 41 of the Act.
3. Section 5 of By-law Number 6106-18 be and is hereby deleted.
4. Section 4 of By-law Number 6106-18 be and is hereby renumbered to section 5.
5. This by-law shall come into full force and effect on July 1, 2022.
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 96 of 99
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to establish lands on Plans 65M-3851 and 65M-3852 as
highways.
Whereas subsection 31(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
requires a municipality to enact a by-law in order to establish land as a highway unless:
a) it is a highway transferred to a municipality under the Public Transportation and
Highway Improvement Act; b) it is a road allowance made by a Crown surveyor located
in a municipality; or c) it is a road allowance, highway, street, or lane shown on a
registered plan of subdivision;
And whereas The Corporation of the Town of Aurora (the “Town”) entered into a
Subdivision Agreement with Preserve Homes Corporation, dated June 28, 2005, with
respect to the lands contained within Plans 65M-3851 and 65M-3852 (the “Development
A”);
And whereas The Corporation of the Town of Aurora (the “Town”) entered into a
Residential Subdivision Agreement with TFP Aurora Development Limited, dated March
8, 2022, with respect to the lands contained within Plan 65M-4731 (the “Development
B”);
And whereas the Town acquired certain lands, as described in Schedule “F” of
Development A, for reserve purposes adjoining certain highway(s) that are assumed (or
to be assumed) and maintained for public use by the Town, as described in Schedule
“G” of Development B (the “Reserves”);
And whereas the Council of the Town deems it necessary and expedient to establish
such Reserves as forming part of those highway(s);
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. The following lands in the Town of Aurora, Regional Municipality of York, be and
are hereby established as a highway by the Town:
a) Block 150, Plan 65M-3851, forming part of Weslock Crescent;
b) Blocks 8 and 9, Plan 65M-3852, forming part of Mavrinac Boulevard;
c) Block 10, Plan 65M-3852, forming part of Halldorson Avenue; and
d) Block 14, Plan 65M-3852, forming part of Kane Crescent.
2. A copy of this By-law shall be registered in the appropriate Land Registry office
on title to lands and highways set out herein.
Enacted by Town of Aurora Council this 28th day of June, 2022.
___________________________________
Tom Mrakas, Mayor
___________________________________
Michael de Rond, Town Clerk
Page 97 of 99
The Corporation of the Town of Aurora
By-law Number XXXX-22
Being a By-law to appoint a Deputy Clerk and to delegate certain authority
to the Deputy Clerk on behalf of The Corporation of the Town of Aurora.
Whereas under subsection 228(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the “Act”), a municipality may appoint deputy clerks who have all the powers
and duties of the clerk under the Act and any other statute;
And whereas the Council of The Corporation of the Town of Aurora (the “Town”) deems
it necessary and expedient to appoint a Deputy Clerk;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Jaclyn Grossi be and is hereby appointed as Deputy Clerk for the Town.
2. The duties and responsibilities of the Deputy Clerk shall include exercising:
(a) all of the powers and duties of the Clerk under the Act;
(b) all of the powers and duties of the Clerk under any other statutes; and
(c) all of the powers, duties, and responsibilities as specified or delegated to
the Clerk.
3. By-law Number 5949-17 be and is hereby repealed.
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 98 of 99
The Corporation of The Town of Aurora By-law Number XXXX-22 Being a By-law to confirm actions by Council resulting from a Council meeting on June 28, 2022. The Council of the Corporation of The Town of Aurora hereby enacts as follows:
1. That the actions by Council at its Council meeting held on June 28, 2022, in
respect of each motion, resolution and other action passed and taken by the
Council at the said meeting is hereby adopted, ratified and confirmed.
2. That the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
Enacted by Town of Aurora Council this 28th day of June, 2022.
Tom Mrakas, Mayor
Michael de Rond, Town Clerk
Page 99 of 99