HomeMy WebLinkAboutFCS Agenda - 2020-12-07Finance & Corporate Services Committee
Agenda
Monday, December 7, 2020
3:00 p.m. -5:00 p.m.
Office of the City Clerk
Electronic Meeting
Kitchener City Hall
nd
200 King St.W. -2Floor
Kitchener ON N2G 4G7
Page 1Chair -Councillor S. Davey Vice-Chair -Councillor K. Galloway-Sealock
Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical
distancing, City Hall is open for select services. Members of the public are invited to participate in this
meeting electronically by accessing the meeting live-stream video at kitchener.ca/watchnow.
While in-person delegation requests are not feasible at this time, members of the public are invited to
submit written comments or participate electronically in the meeting by contacting Jeff Bunn, Manager,
Council & Committee Services/Deputy City Clerk atjeff.bunn@kitchener.ca. Delegates must register
by 1:30 p.m.on December 7,2020, in order to participate electronically. Written comments will be
circulated prior to the meeting and will form part of the public record.
Consent Items
The following matters are considered not to require debate and should be approved by one motion in accordance
with the recommendation contained in each staff report. A majority vote is required to discuss any report listed
as under this section.
None
Delegations
Pursuant to Council’s Procedural By-law, delegations are permitted to address the Committee for a maximum of five
(5)minutes.
Item 1-Dr. Joseph Lee
Discussion Items
1.CSD-20-006-KW4-Ontario Health Team-Collaborative Decision-MakingAgreement (30min)
(CDMA)
(Staff will provide a 5-minute presentation on this matter)
2.COR-20-012-Proposed Amendments to City of Kitchener Municipal Code Chapter 25(30min)
(Procedure)
(Staff will provide a 5-minute presentation on this matter)
3.COR-20-019-Digital Kitchener Innovation Lab Update(30 min)
(Staff will provide a 5-minute presentation on this matter)
Information Items
None
Jeff Bunn
Manager, Council & Committee Services/Deputy City Clerk
** Accessible formats and communication supports are available upon request. If you require assistance to
take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 **
REPORT TO: Finance and Corporate ServicesCommittee
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DATE OF MEETING: December 7, 2020
SUBMITTED BY: Dan Chapman, CAO, 519-741-2200 x7350
PREPARED BY: LoriAnnPalubeski, Manager, Program & Resource Services, 519-741-
2200 x7623
WARD (S) INVOLVED: All
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DATE OF REPORT:November 23, 2020
REPORT NO.: CSD-20-006
SUBJECT: KW4 – Ontario Health Team – Collaborative Decision Making Agreement
___________________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk sign the Collaborative Decision-MakingAgreement (“CDMA”)
as attached to report CSD-20-006,subject to the satisfaction of the City Solicitor; and,
That the City of Kitchener become “Strategic Members” of the KW4-OHT as outlined in
Schedule B of the Collaborative Decision-MakingAgreement as attached to report CSD-
20-006; and further,
That the required KW4-OHT funding contribution of $25,000 per year to be allocated in
2020 and 2021, totaling $50,000, be approved.
BACKGROUND:
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The People’s Health Care Act, 2019 received Royal Assent on April 18, 2019. The legislation
requiresthe establishment of local Ontario Health Teams which connect health care providers
and services to patients and familiesand integrate multipleexisting provincial agencies into a
single health agency – Ontario Health.
At a high level, the act required the centralization of the health system while at the same time
empowering local health service providers (HSP’s) to partner in service delivery. This was to
be accomplished through the creation of Ontario Health which centralizedthe function of many
organizationsand regional offices with theeventual goal of the creation of 30 to 50 Ontario
Health Teams.
Ontario Health Teams (OHT’s) provide coordinated services and patient navigation while
engaging a broad range of sectors including primary care, hospitals, home and community
care/services, palliative care, residential long-term care and mental health and addiction
services. OHT’s are geographically defined and are designated by the Ministry(s) of Health
and of Long-Term Care.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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Additionally, the People’s Health Care Act (2019) resulted in the amalgamation of theLocal
Health Integration Networks (LHIN) and several other health agencies.
In response, many organizations, sectors and stakeholders in our region came together in April
2019 to begin planning for the implementation of this legislation. Subsequently, avast
collaborativeplanning body submitted an Ontario Health Team applicationto the Ontario
government in October 2020 as the KW4-OHT (Kitchener, Waterloo, Wellesley, Wilmot,
Woolwich Ontario Health Team). The Province of Ontario announced the approval of the KW4-
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OHT designation on November 18, 2020.
REPORT:
In 2019, the Ontario government,through the Ministry of Health, introduced a new model of
health care designed to enable patients, families, communities, providersand system leaders to
work better together, to innovate and to build on proven successes of Ontario’s health care
system. The goal of this model is to provide, better and more connected care across the
provincethrough the development of 30 to 50 “Ontario Health Teams” (OHT).
The Ontario Health Team model allows providers to deliver better, faster, coordinated and
patient-centred care to achieveimproved community health outcomeswhere no person is left
behind. At maturity, OHTsstrive to:
- Provide a full and coordinated continuum of care for a definedpopulation within a
geographicregion,
- Offer patients24/7 access to coordinationof care and system navigationservices and
work to ensure patients experience seamless transition through their care journey,
- Improveperformanceacross a range of outcomeslinkedtothe “Quadruple Aim” (better
patient health, populationhealth, better provider experiencesand reduced costs),
- Be measured and report against a standardizedperformanceframework,
- Operate with a single clear accountabilityframework,
- Be funded through an integrated funding envelope,
- Reinvest into front line care, and,
- Take a digitalfirst approach.
Since April2019, local community organizations, stakeholders, health care system providers
and advocates have come together to co-design an innovative and progressive model of care
that reflectsthe unique geography and diversity of our community. With the leadership of our
Transformation Leadand the commitment of just over 30 organizations and partners, the KW4-
OHT enthusiasticallysubmittedanOntario Health Team application in October 2020and
subsequently was approved in November 2020. An example of some of the organizations who
have agreed to participate in the KW4-OHT include; City of Waterloo, Grand River Hospital, St.
Mary’s Hospital, House of Friendship, Hospice of Waterloo Region, Community Support
Connections, The Working Centre, etc.
“Acommunity where everyone thrives, and no one is left behind” is the Community Aspiration
for Wellbeing Waterloo Region.The KW4-OHT has adopted this visionas it strives to achieve
improved health outcomesfor patients, their families and users of our health care system.
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Through collaborativeplanning and the development of strong community focused relationships,
the KW4-OHT is well positioned to respond to our current global pandemic but also to the
development of a better patient focused health care system for our residents.
The KW4-OHT has identified that the focus for year one will be for residentswho are at
high/rising risk and whom require care across a continuumof services.As such, the following
priorities for year one are:
- COVID-19 Preparednessand Response
- Homeless and PrecariouslyHoused
- Frail Elderly (focus on long term care and preventing admissions)
- Refugee health and wellness
There are currently three categoriesof membership within the CollaborativeDecision-Making
Agreement:
1.Partner Member
2.Strategic Member
3.Affiliate Member
It is proposed that municipalitiesand academic institutionsalign with the Strategic Member
category as they share the OHT vision but have an overallmandate that is not specifically in the
delivery of health care and wellnessservices. Strategicmembers are requiredto make an
annual resource contribution and will participate actively in the work of the OHT. Strategic
members supportthe quadrupleaim,theobjectives of the OHT and will serve as community
ambassadors.The Chief AdministrativeOfficer (and or designate) will serve as the Corporation’s
Strategic Member representative.
To facilitate this direction, all members are required to sign the Collaborative Decision-Making
Agreement. This Agreement enables organizations to demonstrate support and to actively
participate in the advancement of the KW4-OHT.
Rationale for Kitchener’s Participation in the KW4-OHT:
The City of Kitchener, both operationally and strategically, has a vested interestin the health
outcomes of our residents. While our mandate and role in the health care sector space is
minimal, our resource investments support the creation of safe and thriving neighbourhoods,
resident connectednessand belonging and the provision of recreational, leisure and social
opportunities – all of which positively impact community health and wellness. As we work with
other levels of governmentand community organizations inresponding to some of the gaps in
supports for ourvulnerable citizens, strategic membership in the OHT provides greater leverage
and stronger relationships in accomplishing this.
Currently, the City of Kitchener delivers programs and supports to at risk seniors and their
caregivers with the support of funding from Ontario Health. Such programs (e.g. day programs,
telephone reassurance calls and dementia friendly recreation programs) provide respite to
families, decrease the occurrenceof admissionsto long-term care and hospitaland allow
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residents to age in place. From a prevention perspective, Kitchener has an important strategic
role to play. Strategic membership in the OHT also supports the vision ofAge Friendly Kitchener
– a community where residents can “Age Well and Live Well”.
As many community stakeholders and organizationscome together to collaborate and plan for
the future of ourlocal health care system, it is an opportunity for Kitchener to help shape
community healthoutcome priorities and to highlight the needs and trends specific to Kitchener
residents.
Theopportunity to restructure our health care system while working collaboratively with
community organizations will ultimately enable our communities to deliver coordinated and
quality health care now and in the future.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision through
the delivery of core service.
FINANCIAL IMPLICATIONS:
The KW4 OHT has requested start-up funding from the two municipalpartners (Waterloo and
Kitchener) in the amount of $25,000 from each cityin both 2020 and 2021. The most appropriate
existing funding source would be from within the Program & Resources Services budget within
the Community Services department, as this is the area that provides inclusion, seniors and
accessibility services on behalf of the city, including programs delivered with funding from
Ontario Health. These budgets are underspent in 2020 due to savings associated with COVID
closures and program cancellations and are anticipated to again be underspent in 2021. Staff
will come forward as part of the 2022 budget deliberation process to outline the ongoing funding
request from the KW4 OHT.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
PREVIOUS CONSIDERATION OF THIS MATTER:
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October 7, 2019,KW4-OHT Presentation to Council by Dr. Joseph Lee.
ACKNOWLEDGED BY: DAN CHAPMAN, CAO
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Kitchener, Waterloo, Wellesley, Wilmot and
Woolwich (KW4) Ontario Health Team
Collaborative Decision-Making Agreement
49640644.6
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Table of Contents
Article 1 - Definitions..................................................................................................................... 2
Article 2 - Purpose Of This CDMA ................................................................................................ 3
Article 3 - OHT Central Brand....................................................................................................... 4
Article 4 - Vision, Values And Guiding Principles ........................................................................ 4
Article 5 - Members........................................................................................................................ 5
Article 6 - Steering Committee....................................................................................................... 8
Article 7 – Subcommittees And Working Groups .......................................................................... 9
Article 8 - Role of Patients/Clients, Families And Caregivers....................................................... 9
Article 9 - Role Of Clinician Care Including Primary Care ........................................................... 9
Article 10 - OHT Funding And Fund Holding Organization......................................................... 9
Article 11 - Communication And Engagement ............................................................................ 11
Article 12 – Projects and Performance Measures ......................................................................... 12
Article 13 – Representations, Warranties And Covenants............................................................ 12
Article 14 - Information Sharing, Transparency, Privacy And Confidentiality ........................... 13
Article 15 – Intellectual Property .................................................................................................. 14
Article 16 - Indemnity ................................................................................................................... 14
Article 17 - Dispute Resolution .................................................................................................... 15
Article 18 - Term, Termination, Withdrawal And Expulsion ....................................................... 15
Article 19 - General ...................................................................................................................... 16
Schedule A –KW4 OHTMembers
Schedule B – Member Enrollment Form
Schedule C - KW4 Design Framework, Supporting My Health And Wellness Journey In KW4
And KW4 Patient Declaration Of Values
Schedule D– Standards Of Behaviour
Schedule E – Steering Committee Terms Of Reference
Schedule F – OHT Funding Principles
Schedule G – Partner Member Resource Contribution
Schedule H – Fund Holding Organization Evaluation Criteria
Schedule I – Fund Holding Organization Terms
Schedule J – Process For Implementation of Projects
Schedule K – Process For Expulsion
Schedule L – Dispute Resolution
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COLLABORATIVE DECISION-MAKING AGREEMENT
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THIS AGREEMENT is made on the 30 day of November, 2020.
AMONG:
THE MEMBERS LISTED IN SCHEDULE A
each of which has submitted a Member Enrollment Form in the form of Schedule B
(each a “Member” and collectively, the “Members”)
WHEREAS under the Connecting Care Act, 2019the Minister of Health may designate Ontario
Health Teams which will at maturity be clinically and fiscally accountable for delivering a full and
coordinated continuum of care to an attributed population in the province;
AND WHEREAS the Members intend to be designatedby the Minister of Health as an Ontario
Health Team and have made an Application to the Ministryto establish the Kitchener, Waterloo,
Wellesley, Wilmot and Woolwich (KW4) Ontario Health Team;
AND WHEREAS the Ministry of Health is making implementation funding available to approved
Ontario Health Teams subject to satisfaction of certain conditions;
AND WHEREAS the Ministry of Health has introduced guidance and requirements for
collaborative decision-making arrangements for Ontario Health Teams which must be satisfied in
order to be eligible to receive such funding;
NOW THEREFORE the Members are entering into this Collaborative Decision-Making
Agreement (referred to herein as the “CDMA”) to set out their mutual understanding and establish
a framework for implementation and operation of the KW4 OHT as follows:
ARTICLE 1 - DEFINITIONS
Definitions
In this CDMA:
(a)“Affiliate Member”has the meaning ascribed to it in section 5.3;
(b)“Applicable Laws” means all applicable laws, statutes, regulations, orders, rules,
policies or guidelines of any governmental authority that are applicable to the
Members or any one of them, as may be amended, repealed or replaced from time
to time;
(c)“Attributed Population” means the attributed population of the KW4 OHT at
maturity, as identified by the Ministry;
(d)“Business Day” has the meaning ascribed to it in section 19.2(a);
(e)“CDMA” means this Collaborative Decision-Making Agreement, and includes all
schedules, as amended from time to time;
(f)“Community Council” has the meaning ascribed to it in section 8.2;
49640644.6
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(g)“Confidential Information” has the meaning ascribed to it in section 14.4(a);
(h)“Effective Date” means November 30, 2020;
(i)“Fund Holding Organization” has the meaning ascribed to it in section 10.3(a);
(j)“Implementation Funding” means implementation funding made available to the
KW4 OHT by the Ministry;
(k)“Intellectual Property” means all patents, industrial designs, trade-marks, trade-
names, copyright, trade secrets, technologies, designs, specifications, drawings,
know-how and all other intellectual and proprietary property, as recognized by any
jurisdiction and whether registered or not;
(l)“KW4 OHT” has the meaning ascribed to it in section 3.1;
(m)“KW4 OHTBrand” has the meaning ascribed to it in section 3.2;
(n)“KW4 OHT Brand Guidelines” has the meaning ascribed to it in section 3.3;
(o)“Members” means the Partner Members, Affiliate Members and Strategic
Members who are signatories to this CDMA, and “Member” means any one of
them;
(p)“Member Governing Authority” means the Board of Directors, Municipal
Council or other governing authority of a Member;
(q)“Minister” means the Minister of Health;
(r)“Ministry” means the Ministry of Health;
(s)“OHT” means Ontario Health Team;
(t)“PCC” has the meaning ascribed to it in section 9.1;
(u)“Partner Member” has the meaning ascribed to it in section 5.1(c);
(v)“Partner Member Resource Contribution” has the meaning ascribed to it in
section 10.2(a);
(w)“Project” has the meaning ascribed to it in section 12.1;
(x)“Project Agreement” means the terms of participation for a proposed Project;
(y)“Shared Objective” has the meaning ascribed to it in section 2.1;
(z)“Steering Committee” has the meaning ascribed to it in section 2.2(b);
(aa)“Strategic Member” has the meaning ascribed to it in section 5.4(a); and
(bb)“Strategic Member Resource Contribution” has the meaning ascribed to it in
section 10.3(a).
ARTICLE 2 - PURPOSE OF THIS CDMA
The Members have agreed to work together to achieve the shared objective of providing a
continuum of integrated and co-ordinated care and support services to the Attributed
Population for the KW4 OHT (the “Shared Objective”).
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The purpose of this CDMA is to:
(a)set out how the Members will work together as the KW4 OHT to achieve the Shared
Objective;
(b)establish a steering committee (the “Steering Committee”) and other
organizational structures to enable the work of Members to achieve the Shared
Objective; and
(c)set out the rights and obligations of Members.
Nothing in this Agreement shall derogate from a Member’s ongoing autonomy of its
Member Governing Authority, or its right to safeguard the quality of health services
provided by it, or to exercise its respective rights and meet its respective responsibilities
under Applicable Laws and any government funding agreements.
ARTICLE 3 - OHT CENTRAL BRAND
The Ontario Health Team shall operate under the name Kitchener, Waterloo, Wellesley,
Wilmot and WoolwichOntario Health Team, also referred to as the KW4 OHT (the “KW4
OHT”), subject to receipt of written authorization from the Minister in accordance with
the Connecting Care Act, 2019.
The KW4 OHT central brand shall consist of the name “Kitchener, Waterloo, Wellesley,
Wilmot and WoolwichOntario Health Team” and such associated logo and tagline as may
be recommendedby the Steering Committee for approval by the Partner Members and
Strategic Members from time to time(the “KW4 OHTBrand”).
The SteeringCommittee shall develop and recommend for approval by the Partner
Members and Strategic Members the KW4 OHT Brand, brand use protocol, guidelines and
standards (the “KW4 OHT Brand Guidelines”) and shall ensure compliance with any
Ministry branding guidelines, as applicable.
Each Member is granted a license to use the KW4 OHTBrand in accordance with the KW4
OHT Brand Guidelines and shall only represent themselves and their services under the
KW4 OHT Brand or otherwise use the KW4 OHT Brand in accordance with the KW4
OHT Brand Guidelines and the terms of this CDMA.
ARTICLE 4 - VISION,VALUES AND GUIDING PRINCIPLES
The Members agree that they are committed to the vision, values and guiding principles
for the KW4 OHT as set out in the:
(a)KW4 Design Framework;
(b)Supporting My Health and Wellness Journey in KW4; and
(c)KW4 Patient Declaration ofValues,
all as attached in Schedule C.
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ARTICLE 5 - MEMBERS
Members
(a)The Members of the KW4 OHT shall be the Partner Members, the Affiliate
Members and the Strategic Members.
(b)All Members commit to:
(i)the shared vision, values and guiding principles set out in Article 4;
(ii)identifying KW4 OHT success as a strategic and/or operational priority;
(iii)work with each other to achieve the Shared Objective and to endeavour to
eliminate, minimise or mitigate any conflict between the Shared Objective
and any of their other contractual and service obligations and relationships;
(iv)adhere to the provisions of this CDMA;
(v)participate in the collaborative decision-making structures as provided in
thisCDMA;
(vi)adhere to the Standards of Behaviour set out in Schedule D; and
(vii)adhere to conflict of interest requirements to be recommended by the
Steering Committee for approval by the Partner Members and Strategic
Members.
(c)Terms of reference for meetings of the Members shall be developed by the Steering
Committee for approval by the Partner Members and Strategic Members.
Partner Members
(a)“Partner Members” shall be those Members identified in Schedule A who commit
to make an annual Partner Member Resource Contribution to the KW4 OHT.
(b)Partner Members will be represented at meetings by their Executive Director/CEO
or equivalent role. If the Executive Director/CEO or equivalent role cannot
participate, another executive with decision making authority may attend the
meeting.
(c)The Partner Members shall approve the following for the KW4 OHT:
(i)any amendments to this CDMA;
(ii)annual budget and resource allocations;
(iii)annual Partner Member Resource Contributions;
(iv)annual Strategic Member Resource Contributions;
(v)admission of new Members;
(vi)expulsion of Members and change of Member status;
(vii)application of non-Member funding; and
(viii)deficits, if any.
49640644.6
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Decisions shall be made by consensus of those Partner Members present, or where
consensus cannot be reached, by two thirds (2/3) of the Partner Members present at
a duly called meeting for such purpose. For clarity, meetings of the Partner
Members may proceed with the Partner Members present and there shall not be a
quorum required for such meetings.
(d)PartnerMembers together with Strategic Members shall approve the following for
the KW4 OHT:
(i)strategic plan and annual priorities;
(ii)priority populations;
(iii)KW4 OHT Brand and KW4 OHT Brand Guidelines;
(iv)terms of reference for meetings of the Members;
(v)terms of reference for the Community Council;
(vi)membership of the Steering Committee;
(vii)expansion to more patients, services and/or providers;
(viii)standards of behaviour;
(ix)performance measures;
(x)conflict of interest requirements;
(xi)Intellectual Property policy;
(xii)fundraising initiatives; and
(xiii)the Fund Holding Organization.
Decisions shall be made by consensus of the Partner Members and Strategic
Members present, or where consensus cannot be reached, by two thirds (2/3) of the
Partner Members and Strategic Members collectively present at a duly called
meeting for such purpose. For clarity, meetings of the Partner Members and
Strategic Members may proceed with the Partner Members and Strategic Members
present and there shall not be a quorum required for such meetings.
(e)The PartnerMembers shall meet together with the Affiliate Members, Strategic
Members and the Steering Committee every two to three (2-3) months, or more
frequently at the call of the Steering Committee Chair.
Affiliate Members
(a)“Affiliate Members” shall be those Members identified as Affiliate Members in
Schedule A.
(b)Affiliate Members shall not be required to make an annual Partner Member
Resource Contribution to the KW4 OHT.
(c)Affiliate Members shall:
(i)support the objectives of the KW4 OHT;
49640644.6
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(ii)meet together with the PartnerMembers, Strategic Members and the
Steering Committee every two to three (2-3) months, or more frequently at
the call of the Steering Committee Chair; and
(iii)consider Projects to offer services to the KW4 OHT that are part of the
Ministry’s vision of an interconnected and seamless care experience for
patients.
Strategic Members
(a)“StrategicMembers” shall be those Members identified as Strategic Members in
Schedule A.
(b)Municipalities or academic institutions that share the KW4 OHT Vision and whose
principle overall mandate is not in the delivery of health and wellness services of
the KW4 OHTmay be recommended by the Steering Committee for approval by
the Partner Members for admission as Strategic Members.
(c)Strategic Members shall be required to make an annualStrategicMember Resource
Contribution to the KW4 OHT as jointly agreed withthe Steering Committee and
approved by the Partner Membersand will be required to actively participate in the
work of the KW4 OHT as mutually agreed. Such participation will include the
financial contribution and commitment to join in projects and initiatives of mutual
benefit to the Strategic Member and the KW4 OHT.
(d)Strategic Members shall:
(i)support the objectives of the KW4 OHT;
(ii)meet together with the Partner Members, Affiliate Members and the
Steering Committee every two to three (2-3) months, or more frequently at
the call of the Steering Committee Chair; and
(iii)consider Projects to offer services to the KW4 OHT that are part of the
Ministry’s vision of an interconnected and seamless care experience for
patients.
(e)Strategic Members shall jointly with the Partner Members approve matters set out
in section 5.2(d).
(f)Strategic Members will be represented at meetings by their Executive
Director/CEO or equivalent role. If the Executive Director/CEO or equivalent role
cannot participate, another executive with decision making authority may attend
the meeting.
Admission of New Members
(a)Following the Effective Date, additional organizations may be admitted as Partner
Members upon:
(i)satisfaction of the criteria set out in section 5.2(a);
(ii)approval of the Partner Members in accordance with section 5.2(b);
49640644.6
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(iii)execution and delivery to the Steering Committee of the Member
Enrollment Form in the form attached as Schedule B agreeing to be bound
by the terms of this CDMA.
Upon becoming a Partner Member under this CDMA, the Partner Member shall be
added to Schedule A.
(b)Following the Effective Date, additional organizations may be admitted as Affiliate
Members upon:
(i)approval of the Partner Members in accordance with section 5.2(b); and
(ii)execution and delivery to the Steering Committee of the Member
Enrollment Form in the form attached as Schedule B agreeing to be bound
by the terms of this CDMA.
Upon becoming an Affiliate Member under this CDMA, the Affiliate Member shall
be added to Schedule A.
(c)Following the Effective Date, additional organizations may be admitted as Strategic
Members upon:
(i)recommendation of the Steering Committee and approval of the Partner
Members;
(ii)execution and delivery to the Steering Committee of the Member
Enrollment Form in the form attached as Schedule B agreeing to be bound
by the terms of this CDMA; and
(iii)committing to make a resource contribution as agreed with the Steering
Committee and approved by the Partner Members.
Upon becoming a Strategic Member under this CDMA, the Strategic Member shall
be added to Schedule A.
ARTICLE 6 - STEERING COMMITTEE
Steering Committee
(a)The Steering Committee is established under this CDMA as theKW4 OHT
oversight body making recommendations and decisions in relation to the KW4
OHT in accordance with this CDMA.
(b)The composition, mandate and processes of the Steering Committee shall be as set
out in Schedule E.
(c)The Steering Committee has no authority to make a decision binding on a Member
except as specifically set out in this CDMA and in Schedule E.
(d)The Steering Committee will not duplicate or replace any Member’s governance or
operational decision-making. The purpose of the Steering Committee is toact as a
steering committee to enable strategic decisions and facilitate the implementation
of collaborations and other initiatives in an efficient manner to achieve the Shared
Objective.
Roles and Duties of Steering Committee Members
49640644.6
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(a)The role of the Steering Committee members is to provide a system-wide and
strategic view of matters considered by the Steering Committee.
(b)Steering Committee members are expected to bring their knowledge and experience
from their service, occupation or specialization.
ARTICLE 7 – SUBCOMMITTEES AND WORKING GROUPS
Subcommittees and Working Groups
The Steering Committee shall have the following subcommittees and working groups which shall
be composed and operate in accordance with terms of reference established by the Steering
Committee:
(a)Operations Committee;
(b)Data, Performance, Quality and Continuous Improvement Working Group;
(c)OHT Support Working Group; and
(d)such other subcommittees or working groups as may be established by the Steering
Committee from time to time.
ARTICLE 8 - ROLE OF PATIENTS/CLIENTS, FAMILIES AND CAREGIVERS
For the purposes of this CDMA, the term Patients/Clients, Families and Caregivers is
broadly defined to include all those who seek or receive care or services or support those
seeking or receiving care or services from Members.
The Steering Committee shall establish a Community Council (the “Community
Council”) comprising Patients/Clients, Families and Caregivers with terms of reference
developed by the Steering Committee for approval by the Partner Members.
Representation from the Community Council will be included in the Steering Committee
as provided in Schedule E and in the working groups and subcommittees of the Steering
Committee as appropriate.
ARTICLE 9 - ROLE OF CLINICIAN CARE INCLUDING PRIMARY CARE
The Partner Members and Strategic Members will recognize the established KW4 Primary
Care Council (“PCC”), and support the establishment of other clinician councils, which
will provide input and recommendationsto the Steering Committee and appropriate
subcommittees and working groupson matters before the Steering Committee,
subcommittees and working groups on request from time to time.
ARTICLE 10 - OHT FUNDING AND FUND HOLDING ORGANIZATION
OHT Funding Principles
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(a)The Partner Members agree to the OHT funding principles as set out in Schedule
F.
Partner Member Resource Contribution
(a)The Partner Members agree to make an annual resource contribution to the KW4
OHT in accordance with Schedule G (the “Partner Member Resource
Contribution”).
Strategic Member Resource Contribution
(a)The Strategic Members agree to make an annual resource contribution as jointly
agreed by each Strategic Member with the Steering Committee and approved by
the Partner Members (the “StrategicMember Resource Contribution”).
Fund Holding Organization
(a)A Partner Member shall be designated as the fund holding organization (the “Fund
Holding Organization”) on approval of the Partner Membersand Strategic
Members following receipt of:
(i)recommendation from the Steering Committee for the Partner Member to
serve as the Fund Holding Organization; and
(ii)receipt of confirmation of the fund holder conditions set out in section
10.3(d) below.
(b)Any Partner Member with interest to serve as the Fund Holding Organization may
submit an expression of interest on invitation from the Steering Committee to
submit expressions of interest. The Steering Committee shall receive and evaluate
expressions of interest for the Fund Holding Organization against the criteria set
out in Schedule H. The Steering Committee shall make a recommendation to the
Partner Members and Strategic Membersfor approval in accordance with section
10.3(a).
(c)The Fund Holding Organization shall on behalf of the KW4 OHTreceive, hold,
manage and disburse all funds for the KW4 OHT including:
(i)Implementation Funding;
(ii)Partner Member Resource Contributions;
(iii)Strategic Member Resource Contributions;
(iv)funds received from the community through fundraising; and
(v)any other sources of funds for the KW4 OHT,
in accordance with and subject to the Fund Holding Organization Terms in
Schedule I.
(d)The Fund Holding Organization’s appointment pursuant to section 10.3(a) above
shall be subject to the Steering Committee’s receipt of written confirmation from
the Fund Holding Organizationthat it:
(i)accepts the appointment;
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(ii)satisfies the requirements for government funding under the Transfer
Payment and Accountability Directive;
(iii)agrees to conduct the representation in accordance with the terms of this
CDMA and direction received from the Steering Committee from time to
time;
(iv)has the infrastructure and human resources to fulfill its obligations as the
Fund Holding Organization; and
(v)agrees to perform its responsibilities as the Fund Holding Organization on
an in kind basis accounted as such in the Fund Holding Organization’s
annual Partner Member Resource Contribution.
(e)The term of appointment of the Fund Holding Organizationshall be five (5) years
or such earlier date at which the Fund Holding Organization withdraws or is
terminated.
(f)The Fund Holding Organization may withdraw from its role as Fund Holding
Organization on one hundred and twenty (120) days’ written notice to the Steering
Committee.
(g)The Fund Holding Organization serves at the pleasure of the Partner Members and
Strategic Membersandmay be replaced in its role as Fund Holding Organization
by the Partner Members and Strategic Members on one hundred and twenty (120)
days’ written notice fromthe Steering Committee.
(h)Where the Fund Holding Organization withdraws or is replaced by the Partner
Members, they shall on a timely basis appoint a successor Fund Holding
Organization appointed in accordance with the terms hereto, and the replaced Fund
Holding Organization shall do and take all necessary action to transfer any
remaining KW4 OHT funding in its possession and any interests in agreements
entered into for the KW4 OHT to its successor Fund Holding Organization
appointed by the Partner Membersand Strategic Membersas the Fund Holding
Organization of the KW4 OHT. Following the date of withdrawal or replacement
of the Fund Holding Organization, they shall remain responsible for all acts or
omissions as Fund Holding Organization prior to such date in accordance with the
terms hereof.
ARTICLE 11 - COMMUNICATION AND ENGAGEMENT
Communication and Engagement Strategy
(a)The Steering Committee will develop and implement a communication and
engagement strategy to ensure timely and relevant information sharing with all
stakeholders including Members, Patients/Clients, Families and Caregivers and the
community. The strategy must include a plan describing distribution and alignment
of key messages, target audiences and communication type and frequency.
Member Input and Relaying Information
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(a)The Steering Committeeis collectively responsible for seeking input from and
relaying information to all Members.
Member and Stakeholder Engagement
(a)A standardized process for engagement with Members and stakeholders will be
established By the Steering Committee as part of the communication and
engagement plan for the KW4 OHT.
Public Notices and Media Releases
(a)All notices to third parties and all other publicity concerning this CDMA or the
KW4 OHTshall be planned, co-ordinated and approved by the Steering Committee,
and no Member shall act unilaterally in this regard without the prior approval of the
Members through the Steering Committee, except where required to do so by
Applicable Laws or governmental or public authority requirements. The
spokespersons for the KW4 OHT shall be such member or members of the Steering
Committee as determined by the Steering Committee from time to time.
ARTICLE 12 – PROJECTS AND PERFORMANCE MEASURES
To fulfill the Shared Objectiveof the Members and in alignment with the priorities and
budget of the KW4 OHT, the Members shall enter into collaborations (“Projects”) on
specific strategies, initiatives, programs and services, each such Project to be implemented
in accordance with Schedule J.
Performance measures will be developed by the Steering Committee for approval of the
Partner Members and Strategic Membersfor the KW4 OHT. The Steering Committee will
establish performance measures for individual Projects. Performance results reported
publicly shall be those of the KW4 OHT and not individual Members. Members will be
accountable for their outcomes as they relate to the KW4 OHT performance and for which
they have been given clear accountability. Processes will be established for monitoring of
performance results and implementation of timely corrective action on a no less than
monthly basis.
ARTICLE 13 – REPRESENTATIONS, WARRANTIES AND COVENANTS
Each of the Members represents, warrants and covenants that:
(a)it has the full right, power and authority to execute and deliver this CDMAand to
perform its obligations under this CDMA, and that such obligations do not and will
not conflict with or constitute a breach of any agreement by which it is bound;
(b)itis operating in accordance with its constating documents, By-Laws, policies and
procedures;
(c)it holds all permits, licences, approvals, consents, authorizations, registrations, or
certificates that are required to carry on its business as presently conducted by it
and the Member is in compliance thereto;
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(d)it shall notifythe SteeringCommittee of any incidents, occurrences, errors,
omissions or claims in relation to any services provided by the Member in relation
to a Project and/or under the KW4 OHT Brand of which the Memberdiscovers or
of which it becomes aware and in accordance with any risk event reporting policy
established by the SteeringCommittee from time to time;
(e)it shall provide reporting on matters related to the KW4 OHTas reasonably required
by the SteeringCommittee or the Ministry;
(f)it shallcomply with all Applicable Laws; and
(g)it shall comply with KW4 OHT policies and standards approved from time to time
by the Partner Members and Strategic Membersand/or the SteeringCommittee,
subject to the authority of its Member Governing Authority.
ARTICLE 14 - INFORMATION SHARING, TRANSPARENCY, PRIVACY AND
CONFIDENTIALITY
Information Sharing
(a)Members shall engage in ongoing communications and provide information to each
other, and to the Steering Committee and subcommittees and working groups of
the Steering Committee to achieve the Shared Objectives.
(b)The Executive Directors/CEOs or equivalent role of the Members are responsible
to ensure their Member Governing Authorityand staff are regularly updated with
respect to OHT plans, initiatives and progress and include participation in the KW4
OHT in their organization’s strategic and/or operational plans.
Transparency and Disclosure
(a)If a Member becomes aware of an issue that might materially impact its, or another
Member’s, ability to perform its obligations under this CDMA or a Project or
Project Agreement, they will promptly notify the Steering Committee so that the
impact on the Shared Objective can be assessed and mitigated.
Privacy
(a)Members will share personal health information with one another for the purposes
of providing health services, and coordinating its provision, in accordance with
Applicable Laws. Members may enter into data sharing agreements as appropriate
based on Projects.
Confidentiality
(a)Members shall not disclose any Confidential Information of other Members to a
third party, except: (a) with written consent of the relevant Member; (b) to the
extent that disclosure is necessary to meet Applicable Laws or governmental or
public authority directives or other requirements; or (c) as permitted under the terms
of this CDMA. In this paragraph, “Confidential Information” means information
of a Member that by its nature is confidential and proprietary information but does
not include information that:
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(i)was known to or received by the receiving Member before its receipt from
the disclosing Member (unless acquired on a confidential basis);
(ii)was public knowledge at the time received by the receiving Member or later
became public knowledge through no fault of the receiving Member; or
(iii)was independently developed by a Member without reference to the
Confidential Information previously disclosed by a Member.
(b)The Members and members of any subcommittees or working groups of the KW4
OHTestablished under Article 7shall be required to enter into a privacy and
confidentiality agreement in respect of the KW4 OHT and its operations.
Loss or Compromise of Confidentiality
(a)If a Member discovers any loss or compromise of the Confidential Information of
another Member, it will notify the Member promptly and cooperate with it to
mitigate the loss or compromise. Upon request, each Member shall return or destroy
all Confidential Information of the relevant Member that it is not required to retain
by Applicable Laws or other requirement. Any loss or compromise of personal
health information shall be addressed in accordance with Applicable Laws and any
data sharing agreement entered into between and/or among the Members.
ARTICLE 15 – INTELLECTUAL PROPERTY
OHT Intellectual Property
(a)Ownership and interest in and use or disposition ofall Intellectual Property
developed or conceived directly or indirectly through or related to the KW4 OHT
shall be governed in accordance withan Intellectual Property policyto be
developed by the Steering Committeeand approved by the Partner Members and
Strategic Members.
Member Intellectual Property
(a)Any Intellectual Property belonging to a Memberprior to the Effective Dateor
developed by the Memberfollowing such date but entirely unrelated to the KW4
OHT, shall belong and will continue to belong to theMember.
(b)No Member’stradename or trademark will be used in any materials related to the
KW4 OHT without the prior written consent of that Member.
ARTICLE 16 - INDEMNITY
OHT Member Indemnity
(a)Each Member (the “Indemnifying Party”) shall indemnify and hold harmless the
other Members, their directors, officers,employees and agents (the "Indemnified
Party") from any and all claims, demands, actions, suits, losses, costs, charges,
expenses, damages and liabilities whatsoever which theIndemnified Party may
pay, sustain, suffer or incur by reason of or in connection with:
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(i)any failure of the Indemnifying Party, its directors, officers, employees or
agents, to comply with the terms of this CDMA or any ProjectAgreement;
(ii)negligent acts or omissions of the Indemnifying Party, its directors, officers,
employees or agents in connection with this CDMAor any Project
Agreement;
(iii)the business or activities of the Indemnifying Party in circumstances where
the Indemnified Party is joined as a party to the dispute because of the
Indemnified Party's participation in the KW4 OHT; and
(iv)the Indemnifying Party's breach of its representations, warranties and
covenants under this CDMA or any ProjectAgreement.
ARTICLE 17- DISPUTE RESOLUTION
The Members shall use their best efforts to avoid disputes by clearly articulating
expectations, establishing clear lines of communication, and respecting each Member’s
interests. However, if a dispute arises, the Members shall follow procedures set out in
Schedule L acting in good faith.
ARTICLE 18 - TERM, TERMINATION, WITHDRAWAL AND EXPULSION
Term
(a)This CDMAshall start on the Effective Dateand shall continue unless terminated
by the mutual written agreement of at least two thirds (2/3)of the Partner Members
and Strategic Members.
Review
(a)The Members agree that the Steering Committee shall undertake and complete a
formal review and evaluation of this CDMAand any ProjectAgreements for the
KW4 OHTat each stage of the Ministry Ontario Health Team development process.
The Members shall review, restate and re-execute this CDMA with all Members at
such time as the Ministry implementsa single funding envelope for the KW4 OHT.
Voluntary Withdrawal
(a)A Member may withdraw from this CDMA by providing at least ninety (90) days’
notice to the other Members and to the Steering Committee.
Change in Member Status or Expulsion
(a)A Member’s status under this CDMA may be changed or a Member may be
expelled from the KW4 OHT, and thereby cease to be a party to this CDMA.
Reasons for change in status or expulsionmay include if the Member is not meeting
its commitments under this CDMA or a Project or Project Agreement, no longer
agrees to the Shared Objective, or is disruptive to the consensual governing process.
A change in status or an expulsion shall only takeplace after following the
procedures in Schedule K.
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Withdrawals/Termination of Project Agreement
(a)Unless a Project Agreement provides otherwise: (a) the parties to a Project
Agreement may terminate the Project Agreement by mutual written agreement,
provided that they give at least ninety (90) days’ notice to the Steering Committee;
and (b) a party to a Project Agreement may withdraw from the Project Agreement
by giving at least ninety (90) days’ notice to the Steering Committee and the other
parties to the Project Agreement.
Consequences of Termination, Withdrawal or Expulsion
(a)A Member that withdraws or is expelled from this CDMA shall cease to be a party
to this CDMA. Termination of, or withdrawal or expulsion from, this CDMA shall
not automatically constitute termination of, or withdrawal or expulsion from, any
Project or Project Agreement.
(b)Withdrawal from or termination of one Project or Project Agreement shall not
automatically constitute withdrawal from or termination of this CDMA or any other
Project or Project Agreement.
(c)A Member that terminates, withdraws from or is expelled from a Project or Project
Agreement or this CDMA, shall remain accountable for its obligations, including
fees prorated to the date of expulsion, and actions and omissions before the
effective date of the withdrawal or expulsion, and shall work with the Steering
Committee to develop strategies to reasonably fill any resource or service gaps left
by the termination, withdrawal or expulsion.
ARTICLE 19 - GENERAL
Independent Contractors
(a)The relationship between the Members under this CDMA is that of independent
contractors. This CDMA is not intended to create a partnership, agency or
employment relationship between or among the Members. No Member shall have
the power or authority to bind another Member or to assume or create any
obligation or responsibility, expressed or implied, on another Member’s behalf or
in its name, nor shall it hold itself out to any third party as a partner, agent or
employee of another Member. Each Member shall be responsible and liable for its
own employees, agents and subcontractors, unless otherwise agreed to in a Project
Agreement.
Notices
(a)Where in this CDMA a Member must give or make any notice or other
communication, it shall be in writing and is effective if delivered personally or sent
by electronic means addressed to the intended Member at the address set out on the
signature pages of this CDMA. Notice or communication shall be deemed received
one Business Day after delivery or sending. The address of a Member may be
changed by notice as provided in this paragraph. “Business Day” means any
working day, Monday to Friday, excluding statutory holidays observed in Ontario.
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Entire Agreement
(a)With respect to its subject matter, this CDMA contains the entire understanding of
the Members and supersedes all previous, understandings and agreements, written
or oral, between and among the Members respecting the subject matter of this
CDMA.
Amendment
(a)Subject to paragraph 18.6(a), this CDMA may be amended by approval of the
Partner Members in accordance with section 5.2(b). If a change in law or a directive
from the Minister of Health or other governmental or public authority necessitates
a change in the manner of performing this CDMA, the Partner Members shall work
cooperatively to amend this CDMA to accommodate the change. A Project
Agreement may be amended in accordance with the provisions of the Project
Agreement without necessitating a CDMA amendment.
Assignment
(a)No Member may assign its rights or obligations under this CDMA without the prior
written consent of the other Members. This CDMA enures to the benefit of and
binds the Members and their respective successors and permitted assigns.
No Waiver
(a)No waiver of any provision of this CDMA is binding unless it is in writing and
signed by the Member entitled to grant the waiver.
Severability
(a)Each provision of this CDMA is distinct and severable. Any declaration by a court
of competent jurisdiction of the invalidity or unenforceability of any provision shall
not affect the validity or enforceability of any other provision.
Counterparts
(a)This CDMA may be executed in any number of counterparts, each of which shall
be deemed to be an original and all of which taken together constitute one
agreement. Delivery of an executed counterpart of this CDMA electronically in
legible form shall beequally effective as delivery of a manually executed
counterpart of this CDMA.
Survival
(a)Paragraphs 13.1(d) and 18.6(c)and Articles 14, 15 and 16 of this CDMA and
section 3 of Schedule Ishallsurvive a Member’s withdrawal or expulsion from or
termination of this CDMA.
Governing Law
(a)This CDMA is governed by, and interpreted and enforced in accordance with, the
laws of the Province of Ontario and the laws of Canada applicable in the Province
of Ontario.
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SCHEDULE A
KW4 OHT MEMBERS
Partner Member /
Name of Organization Affiliate Member/
Address for Notice
Strategic Member
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SCHEDULE B
MEMBER ENROLLMENT FORM
For good andsufficient consideration (the receipt and sufficiency of which is hereby
acknowledged), the undersigned hereby agrees to become a (check one):
Partner Member
Affiliate Member
Strategic Member
of the KW4 OHT andparty to the attached Collaborative Decision-Making Agreementwith an
Effective Date of November 30, 2020(the “CDMA”), among the parties listed in Schedule A
thereto, entitled to all of the rights and subject to all of the liabilities and obligations imposed upon
said Partner Members, Affiliate Members, or Strategic Members, as applicable, under the CDMA
as if the undersigned were an original signatory to the CDMA.
On execution of this Member Enrollment Form, the Member shall be added to Schedule A of the
CDMA listing all Members and their addresses for notice as follows:
MemberNameAddress for Notice
\[Insert legal name of Member\]\[Insert address and email address for notice\]
IN WITNESS WHEREOF this Member Enrollment Form has been entered into by the Member
on this ____ day of _________________, 20__:
)
)
\[INSERT NAME OF ORGANIZATION\]
)
)
)
Name:
)
Title:
)
)
)
)
Name:
)
)
Title:
)
I/We have the authority to bind
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SCHEDULE C
KW4 DESIGN FRAMEWORK, SUPPORTING MY HEALTH AND WELLNESS
JOURNEY IN KW4 AND KW4 PATIENT DECLARATION OF VALUES
KW4 OHT In Development Design Framework V 12.0
We exist to support our community’s vision.
“A Community where everyone thrives, and no one is left behind” (Wellbeing Waterloo Region’s
Community Aspiration)
Our team’s purpose:
We enable collaborative health care relationships. All people are empowered to achieve health and
well being.
We Promise:
We will be partners. Our team includes patients, families, caregivers and the community in
partnership with health and social service providers
We will be inclusive. We work with diverse populations and urban and rural communities
We will pay attention to the social determinants of health. A focus on thembegins in
infancy to prevent illness and promote health
We will achieve excellence. We are nimble, courageous and innovative
We will value relationships. Our culture is built on empathy and trust
We are accountable to the Ministry of Health, through Ontario Health;
The Ministry’s Intention for the Ontario Health Team model:
Allow providers to deliver better, faster, more coordinated and patient-centred care to achieve
improved health outcomes, patient and provider experience and value
At maturity, all OHTs will:
1. Provide a full and coordinated continuum of care for a defined population within a geographic
region;
2. Offer patients 24/7 access to coordination of care and system navigation services and work to
ensure patients experience seamless transitions throughout their care journey;
3. Improve performance across a range of outcomes linked to the ‘Quadruple Aim’: better patient
and population health outcomes; better patient, family and caregiver experience; better provider
experience; and better value;
4. Be measured and reported against a standardized performance framework aligned to the
Quadruple Aim;
5. Operate within a single, clear accountability framework;
6. Be funded through an integrated funding envelope;
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7. Reinvest into front line care; and
8. Take a digital first approach, in alignment with provincial digital health policies and standards,
including the provision of digital choices for patients to access care and health information and the
use of digital tools to communicate and share information among providers.
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SCHEDULE D
STANDARDS OF BEHAVIOUR
Members of the KW4 OHTbelieve that we can deliver a better health and wellness system, as
defined by the Quadruple Aim, for residents of KW4 by working together. We are relentlessly
focused on this in our decision making and we agree to live and uphold the following standards of
behaviour within ourselves and throughout our organizations:
•We make difficult decisions to improve the health and wellness of our population –We
focus on the system, not on our organizations and we rely on data, research, and resident
experiences to guide our decisions.
•We are trusting –We believe members act with best intentions. We actively listen and
we ask questions to clarify.
•We are trustworthy –We freely share knowledge whenever we can, we name our biases
and we keep our commitments to each other.
•We are open to possibilities –We are open to new approaches, value diversity of
thought and believe in continuous and ongoing improvements
•We speak with one voice –We collectively support decisions made by the KW4 OHT.
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SCHEDULE E
STEERING COMMITTEE TERMS OF REFERENCE
Steering Committee – Terms of Reference
Capitalized terms used throughout these Terms of Reference have the meaning given to them in
the KW4 OHTCDMAto which these Terms of Reference are a Schedule.
Mandate The Steering Committee is established under the CDMA as the KW4 OHT
oversight body making recommendations and decisions in relation to the
KW4 OHT in accordance with this CDMA.The Steering Committee’s roles
andresponsibilities includeto:
Planning and Priorities
1.recommend KW4 OHT priorities to the Partner Members and
Strategic Members for approval;
2.oversee strategic plan development for approval by the Partner
Members and Strategic Membersand develop an annual work plan
consistent with the strategic plan;
3.identify and measure the priority populations for the KW4 OHT and
the impact of decisions on them;
4.recommend the KW4 OHT Brand and KW4 OHT Brand Guidelines
to the Partner Membersand Strategic Membersfor approval and
ensure compliance with any Ministry branding guidelines;
5.develop and recommend an Intellectual Property policy for approval
by the Partner Members and Strategic Members.
6.identify, implement, and oversee Projects and Project Agreements;
and
7.undertake and complete a formal review and evaluation of the CDMA
and any ProjectAgreements for the KW4 OHTon an annual basis and
at each stage of the Ministry Ontario Health Team designation
process.
Quality and Risk
1.review, collaborate on, and monitor quality standards and
performance and quality improvement for the KW4 OHT Projects and
initiatives on a monthly basis;
2.develop performance measures for approval by the Partner Members
and Strategic Members;
3.identify risk issues and consider risk allocation, mitigation, and
corrective actions for KW4 OHT activities;
4.develop a complaints and significant event process for issues that
impact more than one Member;
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5.develop a risk management process for issues that could negatively
impact the KW4 OHT; and
6.review and approve standards for cyber security risk.
Resources and Accountability
1.recommend a budget for the KW4 OHT for approval by the Partner
Members and report on same to all Members;
2.approve Project budgets as part of the overall KW4 OHT budget;
3.recommend the annual Partner Member Resource Contribution for
the KW4 OHT for approval by the Partner Members and report on
same to all Members;
4.review the annual Partner Member Resource Contribution model and
recommend any changes to the Partner Members;
5.determine annual Strategic Member Resource Contributions jointly
with each Strategic Member and recommend to Partner Members for
approval;
6.recommend application of funding from non-Members to the budget
to reduce in-year Partner Member Resource Contributions for
approval by the Partner Members;
7.lead funding advocacy efforts for the KW4 OHT;
8.approve distribution of funds;
9.review and collaborate on financial performance, resource allocation
and use, best practice, and innovation;
10.receive reports on and monitor financial performance monthly;
11.provide quarterly financial reports to all Members;
12.recommend the Fund Holding Organization for approval by the
Partner Membersand Strategic Members;
13.direct the use of funds by the Fund Holding Organization;
14.receive and review financial results of the KW4 OHT and approved
Projects monthly and report to the Members on a quarterly basis;
15.develop clinical and financial accountability standards;
16.facilitate and oversee the developmentof a digital health strategy; and
17.direct the appropriate action to deal with variances from approved
budgets and report to the Members on these actions quarterly.
Engagement and Reporting
1.establish a Community Council and its terms of reference and
recommend for approval by the Partner Members and Strategic
Members;
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2.ensure key values of openness, transparency and timeliness with
respect to information sharing;
3.develop and implement a joint communications strategy, including
communication to stakeholders and the community;
4.plan, coordinate and approve all notices to third parties and other
publicity concerning the CDMA or the KW4 OHT;
5.develop a standardized process for engagement with Members and
stakeholders;
6.seek input from and relay information to all Members;
7.consult with, inform, and provide recommendations to Members on a
quarterly basis; and
8.report from time to time to Members on the work of the Steering
Committee and any subcommittees and working groups.
Governance and Compliance
1.evaluate and identify areas of improvement in the integrated
leadership and governance structure of the KW4 OHT on an ongoing
basis, including the establishment of a standardized process to identify
and admit additional Members to the KW4 OHT;
2.discuss compliance with, and amendments to, these Terms of
Reference, the CDMA, or a Project Agreement;
3.facilitate dispute resolution; and
4.ensure compliance with all reporting requirements.
Other
Perform such other obligations as may be directed by the Partner Members
and Strategic Members from time to time.
Subcommittees The Steering Committeeshallestablish one or more subcommitteesor
working groups in accordance with section 7.1of the CDMA.
and Working
Groups
MembershipThe Steering Committeeshall be comprised of the following voting members:
1.five (5) service providers;
2.two (2)family/client, patient or caregivermembers of the Community
Council; and
3.three (3) community leaders not associated with a health sector
service provider.
Selecting and The Steering Committee is renewed on a three(3)year rotating cycle with a
Changing maximum of two (2) three(3)year terms for each member and approximately
Membership
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one third of the committee renewing each year. Initial terms will be 3, 4 and
5 years to set up the rotation.
ChairThe Steering Committeeshall have a Chair, who shall be elected from among
the members of theSteering Committee members by a majority vote. The
Chairshallparticipate in deliberations and decision-making of the Steering
Committee.
MeetingsMeetings shallbe held at a minimum monthly. Meetings will be held at the
call of the Chair. The Chair may determine the meeting procedures. Meetings
may be by any available technology.
Based on the focus of individual agenda items, there may be times when
additional individuals will be invited to participate in meeting discussions.
Permission should be sought from the Chair.
QuorumMeetings of the Steering Committeemayproceed with the memberspresent
and there shall not be a quorum required for meetingsof the Steering
Committee.
DecisionsApproval of the Steering Committeeshall be by consensus, and where
consensus cannot be reached, by two thirds (2/3) of the members of the
Steering Committee present at a duly called meeting of the Steering
Committee.
Consensus means that each member is prepared to support the decision or, if
applicable, recommend it to their Member Governing Authority or
organization, as the case may be, even if they do not agree with the
decision/recommendation.
MinutesMeeting minutes will document deliberations and recommendations.
Discussion during meetings shall be open, frank, and free-flowing, and while
contents of minutes will be sharedwithall Members, they will not include
attribution of individual contributions made by Steering Committee
members.
Information The Steering Committee shall develop a protocol for how information is
Sharingshared with Members and their respective Member Governing Authority,
the Community Council, the PCC, subcommittees and working groups.
The Steering Committee shall meet with the Members every two to three (2-
3) months, or more frequently at the call of the Steering Committee Chair.
ConfidentialityThe Steering Committee members shall respect the confidentiality of
information received by, and discussions of, the Steering Committee.
Steering Committee members shall share information in accordance with the
protocol adopted by the Steering Committeefrom time to time.
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Steering Committee members and all members of subcommittees or working
groups shall each sign an acknowledgement confirming their agreement to
respect the confidentiality of information received in their capacity as a
member of the Steering Committeeor one of its subcommitteesor working
groups as applicable
and to adhere to these Terms of Reference and any
protocols, policiesor procedures adopted by the Steering Committee from
time to time.
PoliciesThe Steering Committee may adopt policies, protocols, and procedures to
support the work of the Steering Committee and its subcommittees and
working groups.
Review and These Terms of Reference shall be reviewed annually by the Steering
AmendmentCommittee and may be amended only with the written agreement of the
PartnerMembers.
REVIEWED:
These Terms of Reference will be reviewed annually.
Date of Last Review: November 30, 2020
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SCHEDULE F
OHT FUNDING PRINCIPLES
Approach to Funding the OHT
Principles:
Partner Membersand Strategic Members make a financial contribution
Members sign a Collaborative Decision Making Agreement and are obligated both fiscally
(Partner Membersand Strategic Members) and clinically to each other and collectively to the
Ministry of Health. Partners may not all join in Year 1, depending on whether their services
are included in Year 1 planning.
Partners who see their potential role for Year 2 and beyond may have Affiliate status in year
1.
Partners fund their share of the approved annual OHT budget, in proportion to the size of
their operating budgets.
Community organizations, companies and individuals fund the remainder of the approved
annual OHT budget, focused primarily on projects and activities that emphasize community
engagement and interconnectedness with other community sectors and priorities.
Partners may or may not receive some or all of their funding through the Ministry of Health,
because our OHT signatories bring the strength of the broader social, community and
wellness sectors.
Affiliates offer services that are part of the Ministry’s vision of an interconnected and
seamless care experience for residents, regardless of funding source
Affiliates are important. As supporters of the OHT concept and the role it will play in the
lives of our residents, affiliates meet periodically to offer input and perspectives on
community needs, priorities and opportunities for the OHT.
Leverage resources of members before adding new costs.
Apply new $ resources before drawing on resources of members
o MOH
o Other government bodies
o Donations
In-kind resources – type and value, approved by Steering Committee
Surpluses are retained for future priorities of the OHT
Deficits of the OHT, not individual Members, funded in accordance with the model for
funding of the OHT
How funding/resources will be used
1.To support the “base” functions of the OHT, beyond in kind, and leverage of member
resources/capabilities
2.To support project work, beyond in-kind
3.To support securing external expertise (not eligible for use of MOH funding)
4.To provide “seed funding” for initiatives coming from project work
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5.To provide resources for investments in “tools” example – digital, to support the integration
an delivery of care
6.NOTE –COVID RESPONSE COSTS ARE EXCLUDED
Where resources will come from
1.In kind services of Members
2.Leveraging capabilities of Members to reduce or eliminate “net new” spend
3.MOH start up funding
a.Up to $375,000 in 20/21
b.Up to $750,000 in 21/22
4.Donations
a.To support “base” OHT functions
b.To support acquisition of “tools”
c.To support specific projects
5.Contributions of Partner Members and Strategic Members
6.Reallocation of funds between members as a result of successful projects –example: GRH
reallocates some of the funding it puts toward operation of Palliative Care beds to support
community investment that reduce the need for beds and improves the care experience.
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SCHEDULE G
PARTNER MEMBER RESOURCE CONTRIBUTION
Partner Member Resource Contribution Model
1.Partner members must make a financial contribution
a.Total contribution equals “base” amount plus “tax”.
b.Minimum contribution is equal to the annual “Base” amount regardless of funding
received from other sources. “Tax” amount can be reduced by in kind contributions.
2.Contribution calculated as follows:
Step 1 – Establish the budget of the OHT (base, project, project seed funding, tools),
includes cash and in-kind requirements
Step 2 – Establish a “Base” amount for each of 6 tiers based on total revenue from the
KW4 area
Step 3 – Calculate the value of non-Member or Strategic Member financial contributions
and in-kind resources from non-Members. Examples include:
a)Funding from MOH
b)Donations received for the OHT
c)Other sources of funding received for the OHT (i.e. municipal)
d)value of in-kind contributions from non-Members
Step 4 – Calculate the remaining budget to be funded by Members (Step 1 minus Steps 2
and 3)
Step 5 – Establish the remaining individual Member contribution (the “tax”) by calculating
the Member’s KW4 related revenue as a % of Total KW4 relatedrevenue for all Partner
Members and applying that % to the result from Step 4
Step 6 – Calculate total Gross Member contribution as the sum of Step 5 and Step 2. Target
to keep this amount to no more that 0.20% of Total revenue of the individual Member
($200 per $100,000 of revenue)
Step 7 – Calculate the Net Member cash contribution by deducting from the result in Step
6 the value of the Steering Committee approved in-kind contributions made by the Member
(to a maximum of the result in Step 5) and previous cash contributions (in the budget
period) of the Member.
Note: The minimum net cash contribution is equal to the result from Step 2.
Note:Where in-kind contributions exceed the required Member contribution as calculated
in Step 5 it will NOT result in a rebate to the Member.
3.In kind contributions
a.Must be recommended to the Steering Committee for approval be the Operations
Team
b.Criteria
i.Must have been actively involved in work product development as a member
of the Operations Team.
ii.Participating in consultations, working groups, and briefings does not qualify.
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iii.Participation on the Steering Committee does not qualify.
iv.Time spent by the senior participating person from the member organization
does not qualify unless the home organization incurred a cost to backfill for
that person.
4.Revenue used for calculation of Partner Member’s contribution
a.Use Total Revenue (from all sources and all areas) to calculate total contribution as a
percentage of Total Revenue only (Step 6). This is for information purposes and not
used to calculate Partner Member share.
b.Use Total Revenue from KW4 area, all sources, to calculate the Partner Member’s
financial contribution.
i.Use total revenue as it is easier to verify, easier obtain and takes into account
ability to pay
ii.Donations are not excluded. All organizations bring in donations. Donations
create part of an organization’s ability to pay. Included them reduces
complexity in the model and is easier to verify total revenue.
iii.Not limited to only healthcare funding as that approach would not be in
alignment with the vision and operating framework adopted by the OHT.
c.Total Revenue from KW4 area - If the Member is making a financial
contribution to another OHT a formula based on the KW4 attributed population as
a % of total population served by the Member will be used to calculate the KW4
attributable revenue. If the Member is not making a financial contribution to another
OHT Total Revenue will be considered to equal Total Revenue from KW4 area.
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SCHEDULE H
FUND HOLDING ORGANIZATION EVALUATION CRITERIA
Expressions of interestreceivedfrom Partner Members seeking to act as the Fund Holding
Organizationwill be evaluated by the SteeringCommittee or subset thereof (excluding Partner
Members who have submitted an EOI) against the following criteria:
(a)Be a health Services Provider (HSP) able to enter into an Agreement with the
Ministry of Health.
(b)Have the demonstrated ability to fulfill the Fund Holding Organization’s
responsibilities as evidenced by:
(i)The infrastructure, systems and human resources in place to fulfill all of its
responsibilities;
(ii)The experience as a Fund Holding or flow through organization;
(iii)A strong record of financial management;
(iv)Meeting requirements for government funding under the Transfer Payment
and Accountability Directive (TPAD), e.g. dedicated bank account, etc.;
(v)The ability to receive donations on behalf of the KW4 OHT; and
(vi)The legal status to enter into contract on behalf of the OHT (if required).
(c)Be willing to perform this function on an in-kind basis, this in-kind service will be
recognized in the funding model.
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SCHEDULEI
FUND HOLDING ORGANIZATION TERMS
1.Background
(a)The Partner Members and Strategic Membershave designated the Fund Holding
Organization as the Partner Member to be the holder of any funds received by the
KW4 OHT from the Ministry of Health or from Ontario Health for the KW4 OHT
(“Ministry Funds”) or any funds contributed by any of the Members to and for the
benefit of the KW4 OHT and/or any funds received in support of the work of the
KW4 OHT from any source other than Ministry Funds (“Pooled Funds”) and the
Fund Holding Organization has agreed to be such holder subject to the these Fund
Holding Organization Terms.
(b)The Fund Holding Organization, on the direction of the Steering Committee shall
enter into an agreement (“Transfer Payment Agreement” or “TPA”) with Her
Majesty the Queen in Right of Ontario as represented by the Ministry of Health
(“Ministry”), pursuant to which the Ministry will direct funding to the Fund
Holding Organization as paymaster for the KW4 OHT.
2.Fund Holding OrganizationObligations
(a)The Fund Holding Organization shall receive, hold, and disburse the Ministry
Funds advanced under the TPA only in accordance with the directions of the
Steering Committee.
(b)The Fund Holding Organization acknowledges that it may be requested by the
Steering Committee to receive, hold, and disburse other Ministry Funds and, if so
requested, it shall receive, hold, and disburse any other Ministry Funds in
accordance with the directions of the Steering Committee.
(c)The Fund Holding Organization acknowledges that it may be requested by the
Steering Committee to receive, hold, and disburse Pooled Fundsand, if so
requested, it shall receive, hold, and disburse such Pooled Funds only in accordance
with the directions of the Steering Committee.
(d)The Fund Holding Organization and the Members acknowledge the Ministry of
Health requirement for the KW4 OHT to demonstrate sound financial management.
The Fund Holding Organization shall maintain and provide to the Steering
Committee such records in respect of the Ministry Fundsand the Pooled Funds as
may be reasonably required by the Steering Committee to ensure any reporting
obligations under the TPA or any other third party agreement are satisfied and to
enable the Steering Committee to report fully to the Members in respect of the of
the Ministry Funds and Pooled Funds.
3.Fund Holding OrganizationIndemnity
(a)The Partner Members and Strategic Members (other than the Fund Holding
Organization) agree to jointly and severally indemnify and hold harmless the Fund
Holding Organization, its officers, directors, employees, agents, former officers,
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directors, employees, agents and all of their respective heirs, executors,
administrators, legal personal representatives, successors and assigns (“Fund
Holding OrganizationIndemnified Parties”), each Partner Member and Strategic
Member in proportion of and only to the extent of its respective Partner Member
Resource Contribution or Strategic Member Resource Contribution, as applicable,
from and against any and all liability, losses, costs, damages, and expenses
(including legal, expert, and consulting fees), causes of action, actions, claims,
demands, law suits, or other proceedings (collectively, “Claims”) by whomever
made, sustained, brought, or prosecuted, including for third-party bodily injury
(including death), personal injury, and property damage, in any way based upon,
occasioned by, or attributable to, anything done or omitted to be done by the Fund
Holding Organization Indemnified Parties in the course of the performance the
Fund Holding Organization obligations under the CDMA, under the TPA, or
otherwise in connection with the TPA or any other agreement that the Fund Holding
Organization enters into at the request and direction of the Steering Committee in
respect of Ministry Funds or Pooled Funds, save and except any breach of the Fund
Holding Organization’s obligations under this CDMA or acts or omissions that
involve fraud or wilful misconduct on the part of the Fund Holding Organization
Indemnified Parties. To the extent that this indemnity applies, the Fund Holding
Organization shall be responsible for and shall not be indemnified for its respective
proportionate share as a Partner Member based on its Partner Member Resource
Contribution.
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SCHEDULE J
PROCESS FOR IMPLEMENTATION OF PROJECTS
1.Implementation.
(a)The Steering Committee shall:
(i)identify one or more initiatives, programs, and/or services as an opportunity
for collaboration (each a “Project”);
(ii)develop a plan for each Project and, in doing so, be guided by the shared
vision, strategic plan, guiding principles, values, priorities and
commitments of the CDMA and the principles and requirements set out in
paragraphs 2 and 3of this Schedule. Each Project plan shall set out relevant
considerations, terms, and conditions for the specific Project; and
(iii)where appropriate, develop a specific Project Agreement, consistent with
the plan, setting out the details of each Project, including clear and
transparentaccountabilities. This governs each Project unless a Project
Agreement provides otherwise.
(b)Before approving and implementing a Project, each Member shall ensure that its
participation complies with any Applicable Laws, industry and professional
standards, and its own constating documents and policies.
(c)The participating Members (and any other participants) will approve and execute a
Project Agreement in accordance with its own delegation of authority.
(d)Each Member shall maintain its separate corporate governance, and corporate
mission, vision, and values throughout each Project.
(e)Each Member shall retain all of its books and records made solely in connection
with a Project in accordance with its own record retention policies and shall make
them open to examination and copying by the other Members during their
respective retention periods. All documents related to each Project shall be
accessible to the other participating Members as required to enable them to meet
their legislated reporting requirements.
2.ProjectPrinciples and Requirements.
Where appropriate, each Project (and, if applicable, Project Agreement) will set out:
(a)the scope of services to be provided by each Member (and other participants if
applicable), and its accountabilities and responsibilities;
(b)specific strategic objectives and performance measures;
(c)costs and financial matters including: budget, transfers of funds, payment terms,
applicable taxes, set-offs;
(d)human resource considerations;
(e)reporting and audit compliance requirements;
(f)required third-party approvals;
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(g)intellectual property rights and responsibilities;
(h)an annual evaluation toreview and monitor progress, determine value and
achievement of progress and desired outcomes;
(i)a specific process for identification of realized financial savings as a result of the
Project;
(j)dispute resolution provisions if the provisions of the CDMA are not to apply;
(k)term, termination, withdrawal, and expulsion from the Collaboration, and
consequences thereof; including a process for return of management functions,
clinical and support services, and asset distribution on termination of the
Collaboration; and
(l)liability, indemnification, and insurance requirements.
3.Costs and Financial Contributions.
For each Project, cost allocations and financial contributions will be consistent with the following
principles:
(a)allocation of costs are to be guided by principles of equitable allocation;
(b)the direct cost of all shared positions (or termination of any shared positions) shall
be allocated on a proportional basis, which may be based on time spent or the KW4
OHT funding framework in place at that time;
(c)the Members will in good faith negotiate and agree to mid-Project adjustments to
reflect changes in the scope of services provided during the year; and
(d)financial contributions and methodology of cost allocation will be reviewed
annually.
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SCHEDULE K
PROCESS FOR EXPULSION
1.Where a Member is of the opinion that another Member:
(a)is in breach of its obligations under the CDMA or a Project or Project Agreement;
(b)no longer agrees to the Shared Objectives;
(c)is disruptive to the consensual governing process; or
(d)has otherwise acted in a manner contrary to the vision, values and guiding
principles of the KW4 OHT,
and the Member has made best efforts to follow the dispute resolution procedure outlined
in Schedule L, the Member may provide written notice to the Steering Committee.
2.Upon receiving written notice from a Member in accordance with section 1, the Steering
Committee shall promptly investigate the matter, with the understanding that retaining
relationships is of paramount importance.
3.If the Steering Committee determines the matter requires follow-up action, the Steering
Committee shall notify the Member against whom an allegation has been made and shall
provide the Member with the opportunity to respond to the allegations and/or cure the
breach within a reasonable time period, as applicable.
4.If the Member does not respond to the allegations or cure the breach, as applicable, to the
reasonable satisfaction of the Steering Committee, the Steering Committee may
recommend to the Partner Members in writing the change in status of a Partner Member to
an Affiliate Member or the expulsion of the Member from the KW4 OHT and the CDMA.
5.The Partner Members, other than the Member at issue, shall consider the recommendation
referred to in paragraph 4 and make its determination in accordance with section 5.2(d) of
the CDMA.
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SCHEDULE L
DISPUTE RESOLUTION
1.The Members shall use their best efforts to resolve any disputes in a collaborative manner
through informal discussion and resolution. To facilitate and encourage this informal
process, the Members involved in the dispute shall use their best efforts to jointly develop
a written statement describingthe relevant facts and events and listing options for
resolution. If these efforts do not lead to a resolution, any involved Member shall refer it
to the Steering Committee.
2.The Steering Committee shall work to resolve the dispute in an amicable and constructive
manner, including involving the Members’ Member Governing Authority.
3.If a dispute cannot be resolved, as determined by any Member after following these
procedures, a Member may withdraw from the applicable Project, Project Agreement, or
the CDMA inaccordance with paragraph 18.3(a)of the CDMA.
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0REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: December 7, 2020
SUBMITTED BY: Christine Tarling, Director, Legislated Services / City Clerk, 519-741-
2200, ext. 7809
PREPARED BY: Jeff Bunn, Manager, Council/Committee Services / Deputy City Clerk,
519-741-2200, ext. 7278
WARD (S) INVOLVED: All
DATE OF REPORT:November 20, 2020
REPORT NO.: COR-20-012
SUBJECT: Proposed AmendmentstoCity of Kitchener Municipal Code Chapter 25
(Procedure)
_______________________________________________________________________________________
RECOMMENDATION:
That the proposed amendments to City of Kitchener Municipal Code Chapter 25
(Procedure), be approved, as outlined in Corporate Services Department report COR-20-
12and Appendix 1; and further,
That staff be directed to prepare a by-law to repeal and replacethe City of Kitchener
Municipal Code Chapter 25 (Procedure), to incorporate the proposed amendments, and
to bring that by-law forward for consideration at the next regularly scheduled City Council
meeting.
REPORT HIGHLIGHTS:
The purpose of this report is to make recommendations on amendments to the rules and
procedures governing meetings of City Council.
Post-pandemic, electronic meeting participation is recommended for Caucus meetings only
until technical improvements can be made to the Council Chamber to facilitate hybrid
electronic meetings.
Adopting proxy voting is not recommended at this time.
This report supports the delivery of core services.
BACKGROUND:
TheMunicipal Act, 2001(the “Act”) requires the Citytoadopt a by-law governing the calling,
place and proceedings of Council meetings.At the City of Kitchener, Municipal Code Chapter
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
2 - 1
25(hereafter referred to as “the Procedural By-law”) providesthe rules of procedure for Council,
Special Council, Caucus, Standing Committee and Advisory Committee meetings.
The purpose of using parliamentary procedures, such as those found in Municipal Code Chapter
25 and Robert’s Rules of Order, is to facilitate the conduct of business in a meeting so that the
deliberate will of the majority is achieved while still protecting all members’ rights(whether
present or absent). The Procedural By-law should help facilitate, not hinder, Council’s ability to
conduct business.
On July 21, 2020, the Ontario Government passed Bill 197, the COVID-19 Economic Recovery
Act, 2020, which amended the Municipal Act to allow for electronic participation during closed
meetings and for members participating electronically to counttowards quorum. Bill 197 also
amended the Municipal Act to permit proxy voting in accordance with a process to be established
by the Clerk.
On August 10, 2020, in response to the enactment of Bill 197, Council receivedand approved
Corporate Services Department report COR-20-006– Amendment to Procedural By-law
Regarding Electronic Meeting Participation, which in accordance with Section 238 of the
Municipal Act, 2001, (as amended by the COVID-19 Economic Recovery Act, 2020), temporarily
permitted electronic meeting participation in open and closed meetings, and allowedmembers
participating electronically to count toward quorum. As outlined in the report, the temporary
provisions for electronic meetings would be in place until this review of the Procedural By-law
was completedand brought before Council for consideration.
The current Procedural By-law was last reviewed in 2015. In accordance with Article 12 – Repeal
– Enactment, the By-law cannot be amended or repealed except by a two-thirds vote of all
members. Further, before Council can pass any amendments or repeal the By-law, notice must
be provided to the publicat a previous regular meeting of Council. As such, below is a proposed
timeline to provide clarity for therequired notice:
December 7, 2020 – Finance and Corporate Services Committee considers Report COR-
20-012 Proposed Amendments to City of Kitchener Municipal Code Chapter 25
(Procedure)
January 11, 2021 – City Council considers any recommendation from the Finance and
Corporate Services Committee regarding Report COR-20-012, and if approved, a late
stnd
starter By-law is added to the Agenda for 1and 2readings.
rd
January 25, 2021 – updated Procedural By-lawis considered for 3and final reading.
REPORT:
In January 2020, Legislated Services staff began a comprehensive review of the City’s
Procedural By-law. The purpose of this review was to:
(a) align the Procedural By-law with recent legislative changes to the Municipal Act, 2001;
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(b) provide clarity to ambiguous language in the existing Procedural By-law;
(c) remove redundancies and address inconsistenciesin the existing Procedural By-law;
(d) reflect current practices during City Council and Standing Committee meetings; and
further,
(e)achieve consistency with current municipal best practices from other municipalities and
the Ontario Ombudsman.
In trying to determine the best recommendations to make to Council regarding changes, staff
reviewedsimilar-sized and larger municipalitiesin order to compareProcedural By-laws with
that of the City of Kitchener. The municipalitiesincluded in the review were:the cities of Toronto,
Ottawa, Mississauga, Brampton, Hamilton, Markham, London, Vaughanand, Windsor.
Jurisdictionsoutside of Ontario were not considered because of the differences inprovincial-
municipal relations and governing legislation.
The recommended amendments have been consolidated and are providedin Appendix 1for
Council’s consideration.
In addition to thehousekeepingamendments identified in Appendix 1, Council is also asked to
consider two new meeting tools as provided by Bill 197:
1.Electronic meeting participation; and,
2.Proxy Voting.
1.Electronic Participation
Electronic participation refers to the ability for members of council, staff, and delegationsto
participatein meetings by electronic means such as videoconferenceor telephone. Electronic
participation allows for meeting participants to remotely connect to a Council or Standing
Committee meeting without the need to be physically present in the Council Chamber (the
Chamber).
In March 2020, in response to the COVID-19 pandemicand to align with public health
recommendations to avoid public gatherings, City Council authorized electronic meeting
participation (e-participation) for all membersof Council. Since thattime, e-participation has
been expanded to delegations who have been facilitated by connecting to the Zoom
conferencing platform. While electronic meetings have been a critical tool inaiding Council in
advancingcitybusiness during the COVID-19 pandemic,Council must decide on the following
questionsin a post-pandemic environment:
Should Council continue to permit e-participation?If so, should e-participants be:
a.counted towards quorum? and/or,
b.permitted to participate in closed meetings?
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There are advantagesand disadvantages associatedwith e-participationwhich are identified in
the table below.
AdvantagesDisadvantages
Provides flexibility for members of Cannot facilitate hybrid meetings with
Council to participateregardless of existing technical infrastructure in the
circumstances.Chamber.
Increases accessibility for delegations Public perception that Council and their
who might not otherwise participate due meetings are less transparent, accessible,
to barriers such as transportation, or accountable.
childcareor other personal
Concerns overmeeting security for Closed
circumstances.
matters.
Ability to advance the business of the
City as well as allow for public
participation during a global pandemic
when gatherings are not possible.
Limits unnecessary contact during a
global pandemic.
In one-on-one discussions with most of Council, staff askedwhether it was desirable to continue
permitting e-participation beyond the COVID-19 pandemic, and if so, what limitations, if any,
should be in place. The overwhelming majority of members of Council supported the idea of
hybrid meetings (i.e., meetings with both in-personand e-participantsat the same meeting), but
also supported itslimited use as an exception tobeing physically present in the Chamber with
extenuating circumstances. While it’s impractical to identify and list all the possible extenuating
circumstances,many members of Council suggested the circumstances should be limited to
those times when members havemedical issues or are attending to sick family memberswhich
wouldpreclude them from being physically present in the Chamber. Travel circumstances(both
vacation and business travel)were identified as invalid extenuating circumstance by a majority
of those polled to permit a member to participate electronically. Ultimately, it would be at the
discretion of Council to hold members accountable for any misuse of the electronic meeting
provision.
There are technological issues with implementinghybrid electronic participationat open session
Council/Committee meetings.The current technology in the Chamber is limitedand was not
designed to facilitate hybrid meetings. Staff hasundertaken numerous tests in the Chamber by
simulating mock hybrid meetingsandhave encountered a significant amount of feedback that
makes it impossible to facilitate meaningful discussions.
Further to these tests, staff alsoengaged an audio/visualconsultant to assist with looking for
ways to overcome the technology issues being experienced and they have advised the solution
is either to retrofitenhancementsorentirelyupgrade the current technology.It is estimated the
technical enhancements needed to facilitate hybrid meetings would cost between $10,000 and
$15,0000.Based on costings from other similar-sized municipalities, a full comprehensive
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upgrade to the Chamber technology (including audio/video and voting system) and other capital
investments to the physical infrastructure would be in excess of $350,000 and could cost as
much as $1M+ depending on the features of the system.
In one-on-one conversations with most of Council, staff received feedback that future
improvements to support hybrid meetings and facilitate members of Council, staff, and the public
to electronically access meetings would be supported in a phased approach, where justified.
Quorum
It is staff's opinion that in-person meetings providethe most accessible, transparent, and
accountable opportunity for the public to participate in local government. Providing for e-
participation post-pandemic will accommodate delegations facing barriers, such as childcareor
transportation, as well as enabling participation for members of Council facing extraordinary
circumstances. Given that e-participation is being recommended for extenuating circumstances
only, and assuming that hybrid meetings can be facilitated technologically, staff recommends
that meeting quorum consist of both in-person and electronic participants.
Closed Session Meetings
With respect to closed session meetings, amendmentsto the Municipal Act now permit closed
meetings to be held electronically. Since the Caucus Room is equipped with a video-
conferencing system that would facilitate hybrid closed session meetings, permitting hybrid
closed meetings would not have any additional costs for the Cityand could be easily
incorporated if supported by Council.
Voting
In keeping with the spirit of Section 243 of the Municipal Act, each member of Council is
permitted one vote, and therefore should be able to exercise that vote regardless if they are
participating in-person or electronically.
Recommendationon Electronic Meeting Participation, Quorum and Closed Session
Meetings
Based on the information presented above,it is recommended that:
staff be directed to further engage the consultant on a detailed costing of enabling hybrid
meetingsin the Chamber and that staff report back to Council on the total costs and a
proposed timeline for implementationif approved;and,
council members participating electronicallyinopen sessions of council/committee
meetings be counted towards meeting quorum requirements; and,
council members participating electronically in open sessions of council/committee
meetings be permitted to vote; and further,
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closed session electronic meeting participation be permittedincluding counting towards
quorum and being permitted to vote.
2.Proxy Voting
Proxy voting refers to a process by which one member of Council could provide authority to
another member of the same council to cast a vote on their behalf.In a local context, proxy
voting has been a longstanding component of municipal elections,wherebyan elector can
choose to appoint another elector to vote in their place.
There are advantages and disadvantages associated with proxyvotingwhich are identified in
the table below.
AdvantagesDisadvantage
Provides flexibility for members of Council Requires the council member to make a
to exercise their voice even when unable decision on a matter in advance without
to attend a meeting.benefit of the information that might be
presented during the course of the
Could be useful in the event of a personal
meeting.
or public emergency which limits even the
electronic participation of the Councillor. Deprives the council member of the ability
to engage in debate at the meeting.
Could be useful for votes with very set,
predetermined options e.g. Yes/No and If the recommendation is complicated or if
where the question cannot be amended. amendments are introduced how would
the proxy voter know how the Councillor
would vote?
If the vote has been allocated by proxy
and the member of Council is no longer
going to be absent, procedures need to
be clear on how to take back the vote.
If the vote is given to a proxy and the
member of Council does not accept the
voted outcome, it lacks recourse.
There is no means outlined in Robert’s
rules to permit a member of Council to
challenge the ruling of the Clerk related to
the proxy voting process.
While Bill 197authorizes municipalitiesto use proxy voting, itprovides no guidance on
implementation, rules and responsibilities, or when proxy voting is unadvisable.The primary
concern with proxy voting is how to create a process that addresses the ways motions can be
amended or new information presented, which could alter the way a member of Councilwould
have casttheir vote.
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Through engagement with Council, staff asked for Council’s thoughts on the opportunities and
challenges posed by proxy voting. While Council expressed interest in proxy voting as a tool,
especially during emergency situations, it was generally agreed that electronic participation
would address many of the situations where proxy voting might be usedbygiving members the
ability to participate in meetings, to hear the entire debate on a matter and cast their vote
accordingly. Further feedback was also received not to pursue implementation until further
guidance or comparable examples could be found.
At the time of preparing this report, staff are not aware of any Ontario municipality implementing
proxy voting.
Should Council wish toproceed with implementing proxy voting, in accordance with Bill 197, the
City Clerk wouldestablish a process whereby a member of council may appoint another member
of council as a proxy to act in their place when they are absentand the rules for using proxy
voting.
Recommendation on Proxy Voting
Based on the information presented above, it is recommended that:
Until such a time that the Ontarioprovincialgovernment provides further guidance, or
comparable municipalities have a successful history of implementing proxy, staff does not
recommend its adoption by Council.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget – The recommendation has no impact on the Capital Budget.
Operating Budget – The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of the
council / committee meeting.
CONSULT – In early October staff began meeting with members of Council to ask questions
related to electronic meeting participation and proxy voting. Those conversations helped form
the recommendations contained within this report.
PREVIOUS REPORTS/AUTHORITIES
Municipal Act, 2001
COR-20-006– Amendment to Procedural By-law Regarding Electronic Meeting
Participation
2 - 7
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate ServicesDepartment.
ATTACHMENTS:
Attachment 1 – Municipal Code Chapter 25 (Procedure)Proposed Amendments
2 - 8
.
for
Judicial
-
staff being
in the absence
d
taff
s
Explanation
ent in absence of the City Clerk.
The proposed definition would allow flexibility for City of the Mayor or Acting Mayor another member of Council to address extremely urgent businessThe proposed amendment to the definition
of “Clerk” is to recognize an approved designatepresRecent amendments to the Municipal Act have provided a clearer definition of “meeting”.The proposed amendment wouldadd clarity for
an alternate member of Council to attend a committee of Council specifically QuasiCommittee where urgency has been identified.
language in
law.law. law.
---
.
clarity to ambiguous language in
Purpose of the change
Provide clarity to ambiguous the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural ByAlign with recent legislative changes to the Municipal Act,
2001Provide the existing Procedural By
of the
making
Judicial
-
-
19
of
1
Article 1Article 3
officio member of all
Page
-
Appendix 1
NTERPRETATION
I
Clerk of the City of Kitchener
”
DUTIES OF THE MAYOR
City
Proposed Amendments
Proposed Change
means the Mayor as the Head of Council,
”
A quorum of members is present, andMembers discuss or otherwise deal with any matter in a way that materially advances the business or decisionof the council, local board or committee.to
sit as an ex
Municipal Code Chapter 25 (Procedure)
(a)(b)
Mayor
“
ADDor in the absence of the Mayor, or Acting Mayor, in the absence of both, another Member of Council appointed in accordance with Section 17 (1)Municipal Act, 2001.AMEND“Clerk” means
the or appointed designate.AMEND“meeting” means any regular, special, or other meeting of council, of a local board or of a committee of either of them, where: AMEND(d)committees of
the Council, including QuasiCommittees, and to be entitled to vote at meetings;
officio
-
Procedure
Current
to sit as an exmember of all committees and to be entitled to vote at
(d)
“Clerk” means the Clerk of the City of Kitchener. “meeting” means any regular, special, committee or other meeting of Council.It is the duty of the Mayor to preside at all meetings of
Council so that its business can be carried out efficiently and effectively and:
defined
efined
efined
-
- d
– d
Code Heading
*NEW Mayor 25.1.2 Clerk 25.1.5.2Meeting 25.3.1 Set out
1.2.3.4.
2 - 9
the
omits
for
under section
start time
greater flexibility
.
st
Explanation
provide
Dispensing with Notice.
is addressed
–
ns Act have amended term of
members of Council, the
of an election year. Previously
th
The proposed amendment clarifies that staff can bring forward urgent matters. For matters deemed urgent by procedural tool to bring those items forward 25.7.14 Recent changes to the
Municipal ElectioCouncil to commence on November 15the term commencement was December 1The proposed amendment mention of a specific meeting to
law.
-
Purpose of the change
Provide clarity to ambiguous language in the existing Procedural ByRemove redundancies and address inconsistencies
-
to an
staff may
19
4
of
be added
2
Article
nutes;
Page
Appendix 1
CITY COUNCIL
Proposed Amendments a subsequent meeting,
Proposed Change
The inaugural meeting of the new
Municipal Code Chapter 25 (Procedure)
AMENDNotwithstanding this Section, and in regard to matters deemed to be of an urgent and extraordinary nature where it is not possible to give the required notice to all members of
Council, and for reasons of timing it is not possible to delay consideration tobring forward additional items toalready published agenda with the consent of twothirds of the Council
members present with both the reason for adding the matters and the required consent recorded in the miAMEND(b)Council following an election shall be held on the first Monday after
the new term of Council has begun.
a
thirds of
-
Procedure
The inaugural meeting of
Current
meetings;
Notwithstanding this Section, and in regard to matters deemed to be of an urgent and extraordinary nature where it is not possible to give the required notice to all members of Council,
and for reasons of timing it is not possible to delay consideration tosubsequent meeting, such matter(s) may be added with the consent of twothe Council members present with both the
reason for adding the matters and the required consent recorded in the minutes;
(b)the new Council following an election shall be held on the first Monday in December at 8 p.m.
(f)
1
Code Heading
naugural meeting
25.4.4 Special meetings of Council25.4.Seating Council table - I
5.6.
2 - 10
current
including
es
Explanation
time, the proposed
Your Kitchener publication for
ncil and City Clerk/Staff to adjust
depending on the length of the agenda. Additionally, Council meetings regularly start at 7 p.m., an 8 p.m. start time is inconsistent from that regular start time.The proposed amendment
will provide for greater opportunity for Couthe meeting location meetings taking place at the Region as necessary without requiring a resolution of Council.It has not been the current
business practice to publish the schedule in the someamendment addressbusiness practices.
Purpose of the change
Reflect current practices during City Council and Standing Committee meetings.Reflect current practices during City Council and Standing Committee meetings.
meeting
by providing
19
of
3
Page
Appendix 1
Proposed Amendments
Proposed Change
meeting shall be posted on the
.
or via another means such as
nd provided to the media. The agenda for
Municipal Code Chapter 25 (Procedure)
annual schedule of regular meetings adopted
AMENDAll Council meetings will be held in the Council Chamber unless the notice of the stipulates the meeting shall be held at another locationelectronicallyAMENDPublic notice of regular
meetings of Council and Committees of Council shall be provided by posting theby Council on the City’s web site and, a printed version to any person who so requests. Notice of special
meetings that do not form part of the schedule of meetings shall be posted on the web site aeach special website no later than the Friday prior to the meeting and will be provided to
the media upon request.
nda for each
Procedure
le of upcoming
Council Chamber or at
Current
All Council meetings will be held in the such other place as Council may by resolution prescribe. Regular meetings of the Council will be held as approved by Council resolution.Public
notice of regular meetings of Council and Committees of Council shall be provided by posting the annual schedule of regular meetings adopted by Council on the City’s web site and, providing
a printed version to any person who so requests. The schedumeetings shall also appear in the Your Kitchener publication to be circulated to City households. Notice of special meetings
that do not form part of the schedule of meetings shall be posted on the web site and provided to the media. The agemeeting shall be posted on the
-
otice
Code Heading
25.4.2Regular meetings25.4.3Regular meetings public n
7.8.
2 - 11
s
e
nsure
agenda
e-
, the goal by the
em
syst
Explanation
the change proposed for
Similar to25.4.2 this amendment would provide for greater opportunity for Council and City Clerk/Staff to adjust the meeting location as necessary without requiring a resolution of Council.The
proposed amendment removes the specific requirement to deliver the agenda to a members of Council residence or business. With the implementation of managementend of 2020 is to have
a paperless agenda. Additionally, in the event of an urgent meeting current practice is that we would email members of Council to confirm their attendance. The proposed change would
eliminate the specific telephonrequirement. It would not eliminate the business practice of calling a member of Council if confirmation of attendance was not achieved by email. The
proposed amendment eaccuracy with Municipal Act Section
aintain
M
.
Purpose of the change
Reflect current practices during City Council and Standing Committee meetings. Reflect current practices during City Council and Standing Committee meetings. Align with recent legislative
changes to the Municipal Act, 2001
as
four
-
Council
Whole will
19
or means
of
4
Page
Appendix 1
.
Proposed Amendments
Proposed Change
Municipal Code Chapter 25 (Procedure)
AMEND(a) A special meeting of Council or of the Committee of the Whole will be held in the Chambers or at such other placenoted on the agenda and will be convened…AMEND(d) Notice and
purpose of all special meetings of the Council or of the Committee of thebe given to all members not less than twentyhours in advance of the time fixed for the meeting in the most expedient
manner available as so determined by the ClerkAMEND
Council or of
four hours in
-
Procedure
Current
A meeting or part of a meeting may be closed to
Notice and purpose of all
eeting. The Clerk will also
(a)
web site no later than the Friday prior to the meeting and will be provided to the media upon request.
(d) special meetings of the Council or of the Committee of the Whole will be given to all members by delivery to the residence or place of business of the members, not less than twentyadvance
of the time fixed for the mattempt to give such other notice of the meeting to the members by telephone or as is otherwise practical within the circumstances.
A special meeting of the Committee of the Whole will be held in the Council Chambers or at such other place as Council may by resolution prescribe and will be convened…
closed to
-
Code Heading
25.4.4Special meetings of Council25.4.4 Special meetings of Council25.4.6Meeting
9.10.11.
2 - 12
law.
-
law to capture any By
-
Explanation
for the by
Procedural
s
239 for permitted closed session meetings. The amendment also allowfuture amendments to the closed meeting exemptions without requiring future amendments to the City’s
Purpose of the change
consistency with current municipal best practices from other municipalities and the Ontario Ombudsman.
a closed
19
of
5
Page
Appendix 1
Proposed Amendments
Proposed Change
nd such meeting shall be called a “closed”
Municipal Code Chapter 25 (Procedure)
(a) A meeting or part of a meeting may be closed to the public if the subject matter being considered is so authorized to be considered in session pursuant to the provisions of the Municipal
Act. Section 239 (2), or any other applicable statute, ameeting.
client privilege,
-
Procedure
the security of the property of the City or local board;personal matters about an identifiable individual, including City or local board employees;a proposed or pending acquisition or
disposition of land for City or local board purposes;labour relations or employee negotiations;litigation or potential litigation, including matters before administrative tribunals,
affecting the City or a local board;the receiving of advice that is subject to solicitorincluding communications necessary for that purpose;a matter in respect of
Current
(1)(2)(3)(4)(5)(6)(7)
the public if the subject matter being considered is
Code Heading
the public
2 - 13
closed to the
-
Explanation
Meeting
-
. The designated head under
t current practices.
This section is redundant as the requirement is outlined in Section 25.4.6 publicfor the purposes of the Act for the City of Kitchener is the City Clerk.The proposed amendment to change
the threshold for which a closed session meeting can be held is to reflecThe proposed amendment better reflects the current practice for closed session minutes and ensures they are
compliant with the Municipal Act.
Purpose of the change
Remove redundancies and address inconsistencies. Reflect current practices during City Council and Standing Committee meetings. Reflect current practices during City Council and Standing
Committee meetings.
19
of
6
Page
Appendix 1
Proposed Amendments
Section
Proposed Change
general nature of the matter to be
that a closed meeting will be held; andtheconsidered at the closed meeting.the time and the date;the authority prescribed by the Municipal
Municipal Code Chapter 25 (Procedure)
(a)(b)(a)(b)
REPEAL EntireAMENDBefore holding a meeting or part of a meeting that is to be closed to the public, the Council or Committee of Council shall state by resolution, carried by at least
a majority of those members of Council present:AMENDIf all or part of a meeting is closed to the public, the Clerk will record the following in the minutes of the meeting:
eeting will
r Act.
Procedure
if the Council is
which Council, board, committee or other body has authorized a meeting to be closed under anothe
that a closed mbe held; andthe general nature of the matter to be considered at the closed meeting.the time and the date;the authority contained in
Current
Municipal Freedom of
thirds of those members of
-(a)(b)(a)(b)
A meeting shall be closed if the matter relates to the consideration of a request under the Information and Protection of Privacy Actdesignated as head of the City of the purposes of
that Act.Before holding a meeting or part of a meeting that is to be closed to the public, the Council or Committee of Council shall state by resolution, carried by at least twoCouncil
present:If all or part of a meeting is closed to the public, the Clerk will record the following in the minutes of the meeting:
- -
–
stating
-
closed
closed
closed by
MFIPPA
-
–
–
–
Code Heading
25.4.7 Meeting request 25.4.8Meeting resolution nature25.4.9 Meeting recorded in minutes by Clerk
12.13.14.
2 - 14
to
is
.
Division as the
importance of
am and/or City
of information shared
Explanation
Council can only provide direction in a closed meeting and must bring decisions to an open session of Council for approval. The proposed amendment is to clarify theconfidentialityin
closed session and the need for approval by the Corporate Leadership TeSolicitor.The proposed amendment substitute Office of the City Clerk for Legislated Servicescorrect title of the
division
urrent
law; and to
-
Purpose of the change
Provide clarity to ambiguous language in the existing Procedural Bymaintain consistency with cmunicipal best practices from other municipalities and/or the Ontario Ombudsman.Reflect
current practices during City Council and Standing Committee meetings. Reflect current practices during City Council and Standing Committee meetings.
to
associated
19
of
approval
-
7
Page
Appendix 1 reports or
Council.
, votes, and other proceedings
final decision
Proposed Amendments
-
Proposed Change
reports and associated documents that
open
direction
-
Act, or any other applicable statuteauthorize the closed meeting;who Chaired the meeting; those in attendance;the matter considered.all without note or comment.
Municipal Code Chapter 25 (Procedure)ity staff member shall make any public
C
decision of any matter discussed in a closed
(c) (d)(e)(f)
minutes,
AMEND25. 4. 11 Meeting No meeting shall be final until the matter has been considered and approved at an open meeting of Council.AMENDNo statement concerning any matter, which has been
discussed at a closed meeting without the approval of the CAO, Department Head and/or the City Solicitor and until such matter has been considered at an open meeting of AMENDAll are
provided to Council/Committees forming part of an agenda shall be made available to the public on the City’s website and/or through the Legislated Services Division. This does not include
any confidential minutes, documents provided for a closed meeting being
concerning
Clerk. This does
Procedure
City
the Chapter to justify the closed meeting; andthe matter considered.
Current
(c)
No determination of any matter discussed in a closed meeting shall be final until the matter has been considered and approved at an open meeting of Council.No City staff member shall
make any public statement any matter, which to the employee’s knowledge has been discussed at a closed meeting until such matter has been considered at an open meeting of Council.All
reports and associated documents that are provided to Council/Committees forming part of an agenda shall be made available to the public on the City’s website and/or through the Office
of the not include any confidential
- - -
d
final
-
documents
open
- -
Code Heading
available to public
25.4.11 Meeting determination approval25.4.12Public statement of matters discusseprohibited25.4.13 Reports – exception
15.16.17.
2 - 15
Explanation
The proposed amendment is intended to simplify and eliminate redundancies related to the start of a meeting and lacking quorum. The proposed amendment is intended to simplify and eliminate
redundancies related to loosing quorum. It is also similar to the changes proposed for section 25.4.15.
anding Committee
Purpose of the change
Remove redundancies and address inconsistencies. Reflect current practices during City Council and Stmeetings.
record the
19
of
a quorum is lost
,
8
Page
Appendix 1
Proposed Amendments
Proposed Change
pal Act, 2001.
Municipal Code Chapter 25 (Procedure)
during the course of a meeting
,
held in accordance with Section 25.4.6 and the MuniciAMENDIf there is no quorum present within one half hour after the time appointed for the meeting, the Council or Standing Committee
shall stand adjourned until the date and time of the next regular or special meeting, and the Clerk shall names of the members present upon such adjournment.AMENDIfthen the meeting
will stand adjourned, until the date and time of the next regular or special meeting, and the Clerk shall record the names of the members present upon such adjournment.
a meeting
ayor.
Procedure
bers present. The
that the balance of the
r documents provided
Municipal Act, 2001.
Current
half hour after the time set
-
reports ofor a closed meeting being held in accordance with Section 25.4.6 and the If a quorum is not present to enable a meeting to commence onefor a meeting, the Clerk will call the
roll and record the names of the memmembers will stand discharged from waiting further.If a meeting does not take place because of the lack of a quorum, the Council will meet either
at the next regularly scheduled meeting or at such other time and place as called by the MIf during the course ofa quorum is lost then the meeting will stand adjourned, not ended, to
reconvene at the same time of commencement on the next following day, or at such other time and place as called by the Mayor.If, in the Mayor’s opinion, it is not essential agenda be
dealt with before the
quorum
-
Code Heading
25.4.15No quorum at start of meeting25.4.16 Unfinished businesslost
18.19.
2 - 16
law
and
-
e
.
Explanation
This section should be repealed as the proposed changes to 25.4.15 and 25.4.16 address the comments outlined in this section and it is redundant.The amendments proposed to improve the
readability of the Bymaking it more plain languagalign with current practices.
address
law.
-
Purpose of the change
Remove redundancies andinconsistencies. Provide clarity to ambiguous language in the existing Procedural ByReflect current practices during City Council and Standing Committee meetings.
r
19
of
9
Article 5
Page
Appendix 1
signate.
AGENDAS AND MINUTES
ORDER OF PROCEEDINGS
Proposed Amendments
Section
Proposed Change
Clerk or de
Municipal Code Chapter 25 (Procedure)
Chair,
EPEAL Entire
RAMENDNo person, except a member or an authorized City employee, will be allowed on the Council floowithin or outside the Council horseshoe during the sittings of the Council without
permission of the Mayor.No person except a member or an authorized City employee will, before or during a meeting of the Council, place on the desks of members or otherwise distribute
any material whatsoever unless such person is acting with the approval of the
of the
Procedure
Current
authorized City employee, will
next regularly scheduled meeting, then the Mayor will announce that the unfinished business will be considered at that time.When a quorum is not present to permit a meeting of the Council
to reconvene or to continue, the Clerk will call the roll and record in the minutes the names of those present before the members are discharged. No person, except a member or anbe
allowed on the Council floor within or outside the Council bar during the sittings of the Council without permission of the Mayor.No person except a member or an authorized City employee
will, before or during a meeting Council, place on the desks of members or otherwise distribute any material whatsoever unless such person is acting with the approval of the Clerk.
Code Heading
25.4.17 Recording presence before adjournment25.4.19Persons within Council Floor
20.21.
2 - 17
.
laws which has
-
Explanation
use for the heading to be
Proposed amendments reflected here are to merge first and second reading of the bybecome a standard practice of municipalities with three readingsThe proposed amendment also removed
“Referral of Communications” as there is no practical listed.
s.
Purpose of the change
Remove redundancies and address inconsistencies; and to maintain consistency with current municipal best practices from other municipalitie
19
of
pproval of the
10
agenda under the
n
Reading;
Page
Appendix 1
nd
and 2
st
Proposed Amendments
3rd Reading;
Proposed Change
;
- 1-
laws laws
--
Questions;
Commencement;Adoption of Minutes of previous meeting(s);Disclosure of Pecuniary Interest and The General Nature Thereof;Communications;Presentations;Delegations;Report of Committees;Unfinished
Business;New Business;AnswersByCommittee of the Whole;Report of the Committee of the Whole;ByAdjournment.
Municipal Code Chapter 25 (Procedure)
(a)(b)(c) (d)(e)(f)(g)(h)(i)(j)(k) (l)(m)(n)(o)(p)
AMENDThe Clerk will prepare afollowing headings for the use of the members at the regular meetings of Council:The business of the Council will be considered in the order set forth on
the agenda, provided, however, that the Mayor, with aCouncil, may vary the order of business to better deal with matters before Council.
ayor, with
1st Reading;3rd Reading;
Procedure
- -
laws laws
--
Current
Adoption of Minutes of previous meeting(s);Disclosure of Pecuniary Interest and The General Nature Thereof;Communications;Referral of Communications;Presentations;Delegations;Report
of Committees;Unfinished Business;New Business;Questions;Answers;ByCommittee of the Whole;Report of the Committee of the Whole;ByAdjournment.
(a)(b)(c) (d)(e)(f)(g)(h)(i)(j)(k) (l)(m)(n)(o)(p)
The Clerk will prepare a printed agenda under the following headings for the use of the members at the regular meetings of Council:The business of the Council will be considered in the
order set forth on the agenda, provided, however, that the Mapproval of the Council, may vary
Code Heading
25.5.1Council agenda
22.
2 - 18
agenda
e-
d have the
Explanation
substantive nature has been
-
The proposed change addresses the implementation of management. The proposed amendment allows the Clerk to make editorial corrections to the minutes following their ratification. If
an error of minor and nonidentified the Clerk woulauthority to make the necessary correction. It should be noted after completing a municipal scan this is a standard practice and also
complies
urrent
s.
Purpose of the change
o maintain consistency with c
Reflect current practices during City Council and Standing Committee meetings.Tmunicipal best practices from other municipalitie
th
law is
-
changes
19
of
11
law before the by
Page
Appendix 1
-
to each member:
cil, the Clerk will cause the
Proposed Amendments
Proposed Change
available
law, for the purpose of ensuring correct
-
By Adding
Minor technical or clerical corrections to the minutes after they have been adopted by Council, so long as the intent and integrity of the information and/or resolution is not changed.
Minor deletions, additions, or otherin form to any bysigned, sealed, numbered, and enacted as a by
Municipal Code Chapter 25 (Procedure)
the minutes of the last meeting and all Special Purpose and Standing Committee meetings held more than four working days prior to a regular meeting;an agenda prepared in accordance wiSection
25.5.1.
(a)(b)
The Clerk is authorized to make:
(a)(b)
AMENDNot less than two days in advance of each regular meeting of the Counfollowing to be
AMEND(d)
meeting;
Procedure
the date of the the record of the attendance of the members;the reading, if requested, correction and adoption of the minutes of prior meeting(s);all the other proceedings
Current
the minutes of the last meeting and all Special Purpose and Standing Committee meetings held more than four working days prior to a regular meeting;an agenda prepared in accordance with
Section 25.5.1.
Minutes of the Council will record:(1)(2)(3)(4)
(a)(b)
the order of business to better deal with matters before the Council.Not less than two clear days in advance of each regular meeting of the Council, the Clerk will cause the following
to be delivered to each member:
(a)
Code Heading
25.5.2 Delivery of agenda to members25.5.3Minutes
23.24.
2 - 19
law making it
-
Explanation
with the rules contained within Robert’s Rule of Order.The proposed amendment clarifies the requirements for citizens regarding petitions and improves the readability of the Bymore plain
language and align with current practices.
Purpose of the change
Reflect current practices during City Council and Standing Committee meetings.
or
law.
-
(email
19
of
legibly written or
12
Page
Appendix 1
contact address
of the Council, such
and filed with the Clerk who
, such communication shall be
Proposed Amendments
Proposed Change
Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of the Councilplaced upon the agenda for the next regular meeting of the
Council and be dealt with during such meeting.Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of a Committee
(1)(2)
and complete implementation of the actions that form the subject matter of the by
Municipal Code Chapter 25 (Procedure)
Every communication, including a petition designed to be presented to the Council, will bein an electronic format orprinted, and will be signed by at least one person giving his/her
street address)shall deal with them as follows:
AMEND(a)
,
deal with
Procedure
Where, in the opinion of the Clerk, the subject matter of any communication is properly within the jurisdiction of the Committee of the Whole, such communication shall be placed upon
the agenda for the next
of the meeting without note or comment.
Current
(1)
If the minutes have been delivered to the membersthen the minutes will not be read, and a resolution that the minutes be adopted, as if read, will be in order.After the minutes have
been adopted they will be signed by the Mayor and by the Clerk.Every communication, including a petition designed to be presented to the Council, will be legibly written or printed,
and will be signed by at least one person giving his/her address and filed with the Clerk who shall them as follows:
(b)(c) (a)
Code Heading
25.5.4Communications and Petitions
25.
2 - 20
Explanation
Purpose of the change
19
of
Clerk directly to
to the Council or
13
he contents of such
to the Council.
Page
Appendix 1
.
being referred
Proposed Amendments
Proposed Change
communication shall be referred directly to the appropriate committee without being referredCommunications of a routine nature shall be referred by thethe City official concerned, or
to file without any committee.Where letters or other communications addressed to the Council are referred to file by the Clerk, the Clerk shall list and briefly describe tletters or
other communications on the agenda of the next regular meeting of the Council.
(3)(4)
Municipal Code Chapter 25 (Procedure)
Petitions received will form part of the public record. Petition organizers must inform signatories that their name, address and opinion may be shared publicly if requested.The Mayor
shall refer the communications as listed on the agenda
(b)(c)
or any
on shall be
Procedure
regular meeting of theCouncil and be dealt within the Committee of the Whole during such meeting.Where, in the opinion of the Clerk, the subject matter of any communication is properly
within the jurisdiction of a Standing or Special Committee of the Council, such communicatireferred directly to the appropriate committee without prior reference to the Council.Communications
of a routine nature shall be referred by the Clerk directly to the City official concerned, or to file without prior reference to the Council committee.Where letters or other communications
addressed to the Council are referred to file by the Clerk, the Clerk shall list and briefly describe the
Current
(2)(3)(4)
Code Heading
2 - 21
he definition of a
Explanation
The proposed amendment is intended to provide greater clarity on what meets tpresentation in comparison to a delegation.
law.
-
Purpose of the change
Provide clarity to ambiguous language in the existing Procedural By
-
19
of
14
by City staff or
of information related
ss
Page
Appendix 1
vernment or other municipal
Proposed Amendments
Proposed Change
Presentationconsultants retained by the City providing information related to municipal operationsPresentationto local organizations and cityaffiliated committees/boards and agencies.
Presentations from senior levels of gogovernments
(1)(2)(3)
Recognition/Awards; and, When not accompanied by a staff report: Presentations, save and except those related to the City’s annual budget deliberation process and strategy sessions,
shall be permitted to address Council for a maximum of ten minutes and the Chair shall keep account of the time expended and at the completion of nine minutes shall advise through a
visual prompt that their time will
Municipal Code Chapter 25 (Procedure)
(a)(b)(c)
AMENDPresentations shall be restricted to the following:
f
e
Procedure
contents of such letters or other communications upon the agenda of the next regular meeting othe Council.
Current
The Mayor shall refer the communications as listed on the agenda.
Presentations may be given at a regular or special meeting of Council only when it is considered to be appropriate to do so as opposed to giving the presentation to a Standing Committee
of Council. Emphasis will be to encourage the presentation at committemeetings.
(b)
Code Heading
25.5.4.1 Presentations
26.
2 - 22
or
and addresses all and addresses all
s s
Explanation
Presentations is intended Presentations is intended
– –
nagement.
The proposed change addresses the implementation of agenda maThe proposed amendment for 25.5.4.1 to provide further clarity related to presentationrequirements related to presentation
requirements.The proposed amendment f25.5.4.1 to provide further clarity related to presentation
law. law.
--
.
Purpose of the change
Reflect current practices during City Council and Standing Committee meetingsProvide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language
in the existing Procedural By
19
of
15
Page
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circulated electronically to
closing comments.
Proposed Amendments
Proposed Change
expire in approximately one minute. The chair will advise the speaker when they have gone over time and will be directed to provide brief
Municipal Code Chapter 25 (Procedure)
Council may limit or extend the time allowed for a presentation by a majority vote.AMENDAn electronic version of the presentation is to be submitted to Legislated Services staff by
noon on the business day prior to the meeting. Any presentations/submissions received after the deadline will be members of Council for their consideration but will not be displayed
during a meeting.REPEAL Entire SectionREPEAL Entire Section
Procedure
Current
the business day prior to the
A printed hard copy version or electronic version of the presentation is to be submitted to Legislated Services staff by noon onmeeting.Any person making a presentation, save and except
those related to the City’s annual budget deliberation process and strategy session, but including those by staff members, consultants engaged by the City, or individuals representing
any other corporation, organization or committee, shall be permitted to address Council for a maximum of ten minutes.During the agenda setting process, consideration shall be given
to the scope of an item to identify if it is necessary to allot
–
of
prior to
Allotment
Presentation
-
Code Heading
25.5.4.2 Printed or electronic copymeeting 25.5.4.3to address Council Limitation25.5.4.4additional time
27.28.29.
2 - 23
section title is
-
and addresses all
.
s s
Explanation
Presentations is intended Presentations is intended
– ents related to presentation –
he proposed amendment for
requirements related to presentation requirements.The proposed amendment for 25.5.4.1 to provide further clarity related to presentationrequiremrequirements.This section is no longer
required since t25.5.4.1 to provide further clarity related to presentationThe existing subunclear and leads the reader to believe the section refers to members questioning why an item
is listed on the agenda. The proposed title is reflective of the actual purpose
law. law. law.
---
Purpose of the change
Provide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing
Procedural By
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of
16
Page
Appendix 1
Proposed Amendments
Proposed Change
Municipal Code Chapter 25 (Procedure)
REPEAL Entire SectionREPEAL Entire SectionAMEND Heading25.5.5.1 Member’s speaking time
ately one
ncement of
Procedure
Current
additional time for a presentation beyond the specified ten minutes. When such a determination has been made, prior to the commethe subject presentation the Committee Chair shall indicate
the amount of time that has been allocated for the presentation.On behalf of the Mayor and/or Committee Chair, the Clerk/Committee Administrator shall keep account of the time expended
by an individual on all presentation and at the completion of nine minutes shall advise through an audio and/or visual prompt that their time will expire in approximminute.Council may
limit or extend the time allowed for a presentation by a majority vote.
-
notice of
-
Code Heading
25.5.4.5 Presentation timed expiry25.5.4.6Time extension Majority vote25.5.5.1 Questioning items on the agenda
30.31.32.
2 - 24
roposed
.
of time a member
Explanation
the explanation for the
laws which has become a
-
of the section which is to prescribe the amount receives to speak to an item.Noted in changes to 25.5.1, the pamendments reflected here are to merge first and second reading of the bystandard
practice of municipalities with three readings
s.
o maintain
and, t
Purpose of the change
Remove redundancies and address inconsistencies;consistency with current municipal best practices from other municipalitie
law
-
subject to
second time
19
6
of
17
Article
MOTIONS
Page
Appendix 1
laws listed on the agenda,
-
laws) and that the same be
-
Proposed Amendments
Proposed Change
law to . . .
-
laws to be considered by Council shall
-
a by(listing the bytaken as read a first time and ."
laws to which it refers shall stand referred
-
Municipal Code Chapter 25 (Procedure)
Such motion of leave shall not bedebate or amendment and when passed, the byto the third and final reading.
be introduced by a motion of leave specifying the title or purpose of the byand will be given first and second reading without amendment or debate.Such motion may be in the following
form:“That leave be given the Mover and Seconder to introduce the bynamely:(a)(b)
AMEND(a) All by(b)
(c)
laws) and
-
laws listed
-
laws to which
-
Procedure
laws to be
-
law to . .
reading without -
listing the by
a bythat the same be taken as read a first time and stand referred to the Committee of the Whole."
law and will be given
Current
(
-
All byconsidered by the Council shall be introduced by a motion of leave specifying the title or purpose of the byfirst amendment or debate.Such motion may be in the following form:“That
leave be given the Mover and Seconder to introduce the byon the agenda, namely:(a)(b)Such motion of leave shall not be subject to debate or amendment and when passed, the byit refers
shall stand referred to the Committee of the Whole.
(a)(b)(c)
first and
-
Code Heading
laws
-
25.5.11Bysecond reading
33.
2 - 25
s
time to
in time for inclusion
t.
.
thirds of the whole of
-
Explanation
for any objections before
introduce a motion without
The proposed amendment aligns with the current practice whereby the Chair will quickly survey the memberswithdrawing a motion. It has not been a practice to take a formal motion and
vote when a member requests a withdrawal and there is no objection. This amendment would provide a process should there be an objection to such a requesThe proposed amendment provideclarity
for members of Council and provides staff with sufficienthelp draft or provide comments/advice on proposed Notices of Motionon the agendaThe proposed amendment provides clarity that
despite the procedures related to Notice of Motion, members may notice if there is an affirmative vote of at least twoCouncil.The proposed amendment will provide for greater opportunity
for
o
and t
, and to
law
law
-
-
law. law.
--
clarity to ambiguous language in
Purpose of the change
eflect current practices during City
Provide the existing Procedural ByrCouncil and Standing Committee meetings.Provide clarity to ambiguous language in the existing Procedural Bymaintain consistency with current municipal
best practices from other municipalities.Provide clarity to ambiguous language in the existing Procedural ByProvide clarity to ambiguous language in the existing Procedural By
affirmative
19
7
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18
Article
Article 10
MOTIONS
COMMITTEES
Page
Appendix 1
third of the whole of Council.
-
Proposed Amendments
Proposed Change
on which the matter will be introduced; or
meeting at which the motion is to be
Municipal Code Chapter 25 (Procedure)
be tabled at a Council meeting proceeding the datereceived by the Clerk by no later than 4:30 p.m. on the Wednesday of the week preceding theintroduced.
AMENDAfter a motion is read or stated by the Mayor, itis deemed to be in possession of Council, and it may only be withdrawn before decision or amendment with the consensus of the Council.
If there is an objection raised by a member, the Chair shall call a vote to decide on the withdrawal. (b)
AMENDAMENDNotwithstanding section 25.7.13 Notice of Motion, any motion may be introduced without notice at a Council or Committee meeting, if Council, without debate, dispenses with
notice on the vote of at least twoAMEND
Procedure
thirds of the whole
-
Current
After a motion is read or stated by the Mayor, it is deemed to be in possession of the Council, and it may only be withdrawn before decision or amendment with the permission of the Council.Generally,
committees will meet in City Hall; however,
be tabled at a Council meeting preceding the date on which the matter will be introduced; or, will be received by the Clerk in sufficient time for it to be processed under clause (c)
of this Section;Any motion may be introduced without notice if the Council, without debate, dispenses with notice on the affirmative vote of at least twoCouncil.
(a)
(b)
Code Heading
25.7.2Withdrawal25.7.13 Notice of Motion25.7.14 Dispensing with notice25.10.8 Committee meetings
34.35.36.37.
2 - 26
agenda
e-
Explanation
Council and City Clerk/Staff to adjust the meeting location as necessary without requiring a resolution of Council.The proposed change addresses the implementation of management.The
proposed language is similar to that used by comparable municipalities.
law
-
.
Purpose of the change
Reflect current practices during City Council and Standing Committee meetingsProvide clarity to ambiguous language in the existing Procedural By
at the
19
of
granted
19
Article 11
Page
Appendix 1
is not disruptive to the
GENERAL PROVISIONS
Proposed Amendments
to members no later than ten (10)
Proposed Change
available
Municipal Code Chapter 25 (Procedure)
Generally, committees will meet in City Hallunless noted on the public meeting notice.
AMENDThat Standing Committee agendas and reports be published on the City’s website ten (10) days prior to the scheduled meeting, with the agenda to be days prior to the meeting.
(a)
AMENDCouncil and Standing Committee Meetings shall be recorded, wherever possible, through live audio and video streaming on the City’s website. The use of audio and video recording
equipment in the meeting room by the public or the media will be permitted, provided itmeeting. Permission for recording and the location of recording equipment will be discretion of
the Chair.
meeting.
Procedure
or visual means by
Current
meetings shall not be scheduled elsewhere without prior notice to Council.
That Standing Committee agendas and reports be published on the City’s website ten (10) days prior to the scheduled meeting, with hard copies of the agenda to be circulated no later
than six (6) days prior to the
At the meetings of Council, the use of cameras, electric lighting equipment, flash bulbs, recording equipment, television cameras and any other device of a mechanical, electronic or
similar nature used for transcribing or recording proceedings by auditory members of the public, including accredited and other representatives of any news media whatsoever, may be
permitted and are subject to the approval and/or direction of the Mayor unless otherwise decided by the Council.
Code Heading
25.10.7.1 Committee Agendas25.11.3 Recordingequipment
38.39.
2 - 27
REPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:December 7, 2020
SUBMITTED BY:Murray, Dan, Director Technology Innovation and Services,519-
741-2200ext. 7825
PREPARED BY:Zinn, Courtney,Innovation Lab Director,519-741-2200ext. 7034
WARD(S) INVOLVED:All
DATE OF REPORT:November 23, 2020
REPORT NO.:COR-20-019
SUBJECT:Digital Kitchener InnovationLab Update
RECOMMENDATION:
That report COR-20-019, regarding the Digital Kitchener Innovation Lab be received
for information;and,
That staff from Economic Development report back to Council regarding future
partnership opportunities with Communitech in Q12021.
REPORT HIGHLIGHTS:
The 3-yearpilot of the Digital Kitchener Innovation Lab has been successfully
completed.
TheInnovation Lab will continue as a core service of the Technology Innovation
Services (TIS) division, providing strategic support to continue digital transformation
across the organization.
TIS has been able to operationalize the Lab’s service provision within existing
resources, ensuring sustainability of this business unit.
The Lab has successfully continued virtual operations throughout the pandemic,
contributing to data-driven initiativesto support the city’s response and recovery efforts.
This report supports the delivery of core services.
BACKGROUND:
This report is intended to provide an update on the Digital Kitchener Innovation Lab. The
Digital Kitchener Innovation Lab wasa three-year pilot project that began in the fall of
2017. The first 2 years of the pilot emphasized promoting the Digital Kitchener strategy
and vision internally and externally, solidifying Kitchener’s reputation as a recognized
smart city and exploringInternet of Things (IoT) opportunities. The final year of the pilot
has shifted focus to align projects with the goals of the City’s strategic plan, taking action
to demonstrate emerging technologies such as artificial intelligence, machine learning and
augmented reality, and enable partnerships within our local tech and academic
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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communities.Further, it has been a crucial contributor to the City’s success in responding
to the global COVID-19 pandemic.
Learn more about Labprojects and achievements inthis interactive compilation.
REPORT:
The City’s investments in Communitech and the local tech community, along with the
Digital Kitchener strategy, facilitated the creation of Digital Kitchener Innovation Lab
enabling engagement with staff and stakeholders in new ways, leveraging the community
of practice to learn from and identify new possibilities for collaboration.
The first two years of the pilot focused on the City’s own internal learning as a new
member in the Communitech space, growing our reputation as a leader in the ‘Smart City’
space, and exploring Internet of Things (IoT) opportunities.
In its third year, having learned from others within the Communitech ecosystem and
listened to internal stakeholders about how the Lab could support city operations, the Lab
turned its attention to delivering collaborative, demand-driven services that are both future-
focused, and closely aligned with the City’s strategic objectives. This pivot in business
model has proven extremely successful, enabling internal customers to advance their
business objectives.
Guidedby the award-winning vision of the Digital Kitchener strategy, the demonstrated
achievements of the Lab over the pilot period have led the City of Kitchener to be
recognized as a leader in innovation.The city’s efforts are oftencited by thought leaders
on smart cities and havebeen recognized throughinternationally acclaimed awards
(Smart Cities Connect – 2020 Smart 50 Award for Multi-modal traffic counting, and LS
Network – Canadian Outdoor Lighting Project of the Year – 2018).The Lab also continues
to receive requests from other cities to consult on and present our journey as these cities
develop their own innovation centres.
Based on the success of the final year of the pilot, the Lab’s mandate has been
operationalized within TIS to ensure digital innovation is further embedded as a core service.
The Lab will continue to provide the City an experimental framework to explore new ideas
and concepts, focussing onthe following services,which have shown through the pilot to
provide the most value to the organization, to our partners (academia and tech), and to the
citizens we serve:
1.Design sprints
Using a design-sprint model, the Lab leads teams through a rapid-fire approach to
problem solving, guiding an idea from problem definition to prototyping and user
testingbefore pitching a solution for implementation.This approach has been used
in the following strategic initiatives:
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Table 1: Design Sprint Examples
Strategic ProjectImpact
Web Experience 2020 Exploring how we might useChatbots and Voice
ProjectAssistants to enhanceCustomer Service, we learned
about citizen interest, expectations and the effort that
would be required to move forward in implementing
and maintaining these technologies.
Pandemic Response: Supported Community Centre staff in applying Design
Reopening Community Thinking techniques to brainstormand prioritize ideas
Centres after on how we might support the community and enable
Lockdownsocial connections in the reopening of community
centresthrough three virtual stakeholder workshops.
Air Quality Data In collaborationwith Wilfred Laurier University and
EngagementHemmeraEnvirochem Inc., the citydeployed 5 air
qualitypods near schoolsthis fallto collect real-time air
quality data. With thegoal of making the hyperlocalized
data actionable to the school community and inform
community climate action planning, we engaged with
community stakeholders to explore how we might make
the data meaningfuland prototype ideas for a platform
to visualize and interact with the informationin
meaningful ways.
2.Rapid prototyping
Making an idea tangible with very little investment can help buildunderstandingof
the potential benefits and unexpected impacts of new technologies on customer
experience and business processes. Prototypes can take many forms and offer
opportunities to experiment with multiple options, gather feedback and understand
the scope of an initiative early-on when the effort to pivot or make changes is low.
Table 2: Rapid Prototyping examples
StakeholderPrototype/Impact
Emergency Operations The Lab has supported pandemic response through
Centre – Pandemic collaborations with TIS staff on a number of data-driven
Responseinitiatives:
Workforce Status Tracking – rapidly developed and
deployed a daily status tracking tool in March
which has enabled detailed reporting and analysis
of workforce trends toinform decision making.
Contactless Summer Camp screening and logging
- created tools to enable summer camp participants
to be screened and checked into camp
electronically, enabling real-time information to
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ensure screening was completed and contact
tracing records were available.
Active Screening Application - Collaborated with
TIS and HR on the creation of the recently
deployed active screening applicationto provide a
quick response to changing requirements. This tool
leveragesthe workforce status information to
monitor compliancewith screening protocols.
Parks & CemeteriesDevelopeda people/dog counting application using
computer vision and edge processing that can be used
to measure the use of dog parksorother public
spaces; supportingdata-informedand demand-driven
decision making on space planning.
Planning Division Developedan AugmentedReality application for
visualizing 3D building models. Showcased at the 2019
Ontario Professional Planners Institute (OPPI)
Conference, this application gained significantattention
from other municipalitiesprovince-wideas a valuable
toolin improving citizen engagement.
Customer Service/ Parks Experimented with wayfindingusing augmented reality,
and Cemeteriesfocusingon enhancing customer wayfinding
experiences in city facilities or outdoor spaces.
Special Developedanapplicationprototypewhich uses
Events/Economic
geofencing to help connect citizens to local events.
Development
Communications/Developedan Amazon Alexa voice assistant skill
Customer Service
“Alexa, ask the City of Kitchener….”that leverages
open data to provide personalized information on city
services.
Parks & Cemeteries/DevelopedIoT sensorprototypesfor CO2, soil
Corporate Sustainability
moisture and asset tracking using low cost computing
tools like Arduino and Raspberry Pi, capturing data in
the field for real-time visualization
3.Technology Explorationand Collaborative Partnerships
Demonstrating emerging technologies can help identify use cases, envision future
possibilities, and test user interest before committing to larger scale investments.
Collaboration with the tech and academic communities as a member of the
Communitech ecosystem has enabled us toengagewith other corporate innovation
labs to share lessons and identify opportunities for collaboration. We’ve engaged
with multiple startups, connecting them with staff to explore how their early stage
technologies might be applied to municipal use cases and provide relevant feedback.
We’ve also partnered with local academic institutions on proposed and current
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projects, such as the air quality initiative outlined above. Our connection to this
community has remained active even as the pandemic has impacted our ability to
leverage everyday encounterswithin the labspaceand shifted our operations to the
virtual environment. We’ve found new waysto stay connectedthrough virtual events
and meetupsand continue to leverage our connections within the community to
identify and explore new opportunities.
Examples of our technology exploration projects include:
o Machine Learning and Artificial Intelligence –we’ve applied machine
learning to make recreation program recommendations and forecast water
main breaks. We are also applying sentiment analysis toolsand techniquesto
exploresocial mediafeedbackrelated to city programs and services.
o Augmented Imagery – we’ve brought print publications, such as the
Strategic Plan, to life using augmented imagery, enabling a multi-media
experience to be triggered from a mobile devicebased on a recognized
physical image.
o IoT –beyond building our own prototypes, we’ve also explored commercial
IoT products such as smart waste and smart parking to understand the
benefits and limitationsof these technologiesprior to making more significant
investments.
Summary
As the Digital Kitchener Innovation Lab matured in its final pilot year, it became clear that
innovation is embedded in our city’s “DNA”. This is evidenced in Council’s progressive and
ambitious Strategic Plan, and in the mindset of staff who are continually looking for ways
to improve operating efficiencies and enhance the citizen experience. Council’s initial
investment in the DK Innovation Lab as a 3-year pilotprojectfunded by the$300,000LED
streetlight savingscontributionandcontributions to Digital Kitchener from the Economic
Development Reserve Fundcovering the Lab Director salary and equipping the space,
enabled the City to become a leader in the Smart City space, recruit talented students
from the University of Guelph, Conestoga College, Wilfred LaurierUniversityand the
University of Waterloo, develop meaningful and impactful relationships with other tech
leaders and academic institutions, and experiment with and deliver digital innovations and
inventions to support city operations. Most importantly, it allowed the City to develop
internal talent and structures that have been crucial in the City’s response to the most
disruptiveevent in our generation’s history.
Guided by a clearly defined and strategic workplan, TIS has been able to retool existing
resources to operationalize the Lab as a core service. Led by the Innovation Lab Director
and supported by a flexible contingent of co-op studentsreflecting the skillsets and
resourcerequirements of the workplan, the Labteam will collaborate with staff subject
matter expertson initiatives toquickly move ideas forwardand continue supporting
improved efficiencies and citizen experiences. This nimble approach will allow us to
respond to diverse projects and technologies and evolve according to the needs of the
organization moving forward.
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The Lab has been operating ‘virtually’ since the pandemic was declared in March 2020,
delivering significant improvements. The benefit of a partnership with Communitech
extendsbeyond the physical space of the Lab within that ecosystem, and staff remain in
regular contact with Communitech in many ways, through eventsand programming,
corporate innovation labconnection points and virtual communitiesand directly with our
supports in Communitech’sCorporate Innovation teamwho assist in making connections
and providingresources to help us continue to move forwardwith our ambitious plans.
This report summarizes the operationalization of the Lab services within the City’s TIS
division; discussions with Communitech regarding future partnership opportunities
continue between the city’s Economic Development division and Communitech. Staff from
Economic Development will report back to Council on this in a separate report in Q1 in
2021.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The are no financial implications as staff have been able to integrate the benefits of the Lab
with existing staff FTE positionswithin Technology Innovation and Services.For any
renewed commitments required to Communitech for the ongoing use of the Lab space or
funding forspecific projects, those decisions will come back to committee for approval.
Capital Budget – The recommendation has no impact on the Capital Budget.
Operating Budget – The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
FCS-17-002 - Digital Kitchener Strategy
FCS-17-006 - Digital Kitchener - Civic Innovation Lab
FCS-18-009 - Digital Kitchener 2017-2018 Update
COR-19-017 - Digital Kitchener - 2019 Update
APPROVEDBY: Victoria Raab,General Manager, Corporate Services
ATTACHMENTS:
Noattachments
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