HomeMy WebLinkAboutFCS Agenda - 2025-03-17Finance and Corporate Services Committee
Agenda
Monday, March 17, 2025, 3:00 p.m. - 5:00 p.m.
Council Chambers - Hybrid
City of Kitchener
200 King Street W, Kitchener, ON N2G 4G7
People interested in participating in this meeting can register online using the delegation registration
form at www.kitchener.ca/delegation or via email at delegation @kitchener.ca. Please refer to the
delegation section on the agenda below for registration in-person and electronic participation
deadlines. Written comments received will be circulated prior to the meeting and will form part of the
public record.
The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow.
*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.*
Chair: Councillor S. Davey
Vice -Chair: Councillor B. loannidis
Pages
1. Commencement
2. Disclosure of Pecuniary Interest and the General Nature Thereof
Members of Council and members of the City's local boards/committees are
required to file a written statement when they have a conflict of interest. If a
conflict is declared, please visit www.kitchener.ca/conflict to submit your written
form.
3. 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.
C�
5.
A
3.1 Surety Bonds Regulation, FIN -2025-088 3
3.2 Public Art Commission for Mill -Courtland Community Centre, DSD -2025- 15
062
Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. All Delegations where
possible are encouraged to register prior to the start of the meeting. For
Delegates who are attending in-person, registration is permitted up to the start
of the meeting. Delegates who are interested in attending virtually must register
by 1:00 p.m. on March 17, 2025 in order to participate electronically.
4.1 Item 5.1 - Tara Bedard, Waterloo Region Immigration Partnership
Discussion Items
5.1 Municipal Newcomer Strategy, Scope and 30 m 24
Development Approach, CSD -2025-054
(Staff will provide a 5 -minute presentation on this matter).
5.2 Parks -Fireworks Exemption Tecumseh Park 15 m 33
August 23, 2025, CSD -2025-048
(Staff will provide a 5 -minute presentation on this matter).
5.3 2026 Municipal and School Board Election 30 m 36
Alternative Voting Methods, COR -2025-001
(Staff will provide a 5 -minute presentation on this matter).
5.4 2025 Dog Designation Appeal Committee 20 m 58
Review, COR -2025-111
(Staff will provide a 5 -minute presentation on this matter).
Information Items
6.1 None.
7. Adjournment
Marilyn Mills
Committee Coordinator
Page 2 of 64
Staff Report
Financial Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: March 17, 2025
SUBMITTED BY: Katie Fischer, Director Financial Reporting & ERP Solutions, 519-904-
9354
PREPARED BY: Katie Fischer, Director Financial Reporting & ERP Solutions, 519-904-
9354
WARD(S) INVOLVED: All Wards
DATE OF REPORT: March 3, 2025
REPORT NO.: FIN -2025-088
SUBJECT: Surety Bonds Regulation
RECOMMENDATION:
That the housekeeping amendments required on the City's investment policy FIN -PLA -
605, attached as Appendix A to staff report FIN -2025-088, be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to incorporate housekeeping amendments to the City's
Investment Policy to reflect the new regulation associated with acceptance of surety bonds
as securities under the Planning Act.
• This report supports the delivery of core services.
BACKGROUND:
On November 20, 2024, a new regulation O. Reg. 461/24: Surety Bonds - Section 70.3.1 of the
Act came into force under the Planning Act R.S.O. 1990, c. P.13. This regulation provides land
owners and those applying for planning approvals with the option of using surety bonds as
securities required for development approvals.
REPORT:
Municipalities generally require securities as a condition of development approvals, such as part
of a site plan or subdivision agreement, to ensure that monies to guarantee the installation of
services will be available to the City when required. Traditionally, these securities were in the
form of cash (via bank draft or certified cheque) or a letter of credit.
Surety bonds are a new security option that the City is required to accept for development
approvals under the Planning Act. Under the new regulation, the surety bond will provide a
guaranteed payment to the municipality if the developer defaults in performing an obligation
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 64
guaranteed by the surety bond, within 15 business days after the municipality provides notice of
default. Developers have indicated that surety bonds are more flexible and frees up capital, as
compared to the traditional cash or letter of credit securities, which can thereby be used to build
homes faster.
The City of Kitchener's Investment Policy FIN -PLA -605 provides the approved form of securities
that the City accepts, as it relates to the City's risk exposure associated with financial institutions.
This policy is therefore recommended to be amended to reflect the new form of security that the
City is required to accept. Additionally, staff have noted an unintentional omission previously in
the policy and have proposed to add in the language associated with accepting cash securities
as is current practice. The amended policy, with proposed changes tracked (shown in red font
colour), is attached in Appendix A.
STRATEGIC PLAN ALIGNMENT:
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.
PREVIOUS REPORTS/AUTHORITIES:
• FIN -PLA -605 Investment Policy
• Municipal Act, 2001, S.O. 2001, c.25
• Planning Act, R. S. O. 1990, c. P.13
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer
ATTACHMENTS:
Appendix A — FIN -PLA -605 Investment Policy
Page 4 of 64
POLICY
FIN -PLA -605
Investment
Category
Sub -category
FIN - Finance
FIN - Financial
Planning
Approval Type
Department/Division
Author and Position
COUNCIL
Financial Planning
Senior Financial Analyst
Date Approved
Last
Next Review Date
August 30, 2004
Reviewed/Amended
March 3, 2030
March 3, 2025'
Related Policies or Procedures
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• I.M.u�frnJ.C.il.lP..11. :�.Y....?9.(D.�...,.....::.�7::._20.1...Y....2::.._2,:...�7:.....R 43$/0 '„ If::::llii�giiblle Ilnvestirmeints. IRelWed
..............................................fii'll,, c ireei encs irnd IF�iru�dent Ilnvestirmeirnt
• 1:::1l1 ii.2I.n. Apt If ,S, :�, j a�,lf:: , t. „ IRe „ 46 24, Suret Fends ,,,, Section'703.1 of the Acl
_.................................................................................................................................................................................................................................................................................................................................................................
Policy Purpose
It is the policy of the City of Kitchener to invest public funds in a manner that will provide the
highest investment return while protecting and preserving capital, maintaining liquidity,
meeting the daily cash flow demands of the City and conforming to all legislation governing
the investment of public funds.
The purpose of the policy is to establish guidelines and controls related to the investment and
holding of public funds to ensure funds are available when needed, while maximizing return.
Definitions
Asset-backed Securities — short- or long-term debt instruments, which are backed
by high quality assets (such as loans or mortgages) of the issuer, issued under Reg.
733(50)(1) of the Loans and Trust Corporations Act
Commercial Paper — short-term notes or drafts issued by a corporation, incorporated
under the laws of Canada or a province of Canada
Credit Risk — risk to an investor that the issuer of an investment will default interest
or principal payments
Credit Union - community based financial co-operatives owned and controlled by
members
Page 0U-0y'e1 9 of 64
Diversification — process of investing in a range of security types by class, sector,
maturity, and quality rating
Dominion Bond Rating Service (DBRS) — a service that assesses the credit rating
of institutions
Forward Rate Agreement (FRA) — contract with a qualified financial institution
allowing an investor to fix the interest rate to be received on an investment for a
specified term beginning at an agreed to future date
Interest rate risk — risk of an increase or decrease in the value of a fixed income
security caused by declining or rising interest rates
Long-term investment — investment whose term to maturity is greater than two years.
Liquidity — measure of asset's convertibility into cash
ONE Fund Public Sector Group of Funds — pooled investment fund meeting the
eligibility criteria defined by the regulations under the Municipal Act. It is operated by
the Local Authorities Service Limited and CHUMS Financing Corporation
Regulation — Ontario Regulation 438/97 related to section 418 and 418.1 of the
Municipal Act, 2001 "Eligible Investments, Related Financial Agreements and Prudent
Investment"
Schedule I Bank — a chartered bank operating under the Bank Act. The voting shares
must be widely held with no investor holding more than10% and foreign ownership
limited to 25%
Schedule II Bank — a chartered bank operating under the Bank Act. It may be wholly
owned by non-residents
Schedule III Bank — a foreign bank branch of foreign institutions operating under the
Bank Act under certain restrictions
Short-term Investment — investment whose term to maturity is two years or less
Supranational Institutions — an agency sponsored by highly rated foreign bank(s) or
Governments issuing debt to fund loans in developing countries for large infrastructure
projects. They may be owned or guaranteed by a consortium of national governments
Trust Company — financial institution which acts as a fiduciary, trustee or agent in the
administration of trust funds, estates and custodial arrangements
Policy Scope
The investment policy applies to all financial assets of the City of Kitchener held within the
general fund, capital fund, reserve funds, enterprise funds, and trust funds.
Page 0A'yfe1 8 of 64
Application
❑x Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part-
time, Casual, Probationary, Student, Management, Non-union)
• All employees
❑ Unions (Indicate below which categories apply: All Unions, COPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA)
• All.jl.plk.....��,!r:...:Dp.Jp.....11' !r; ....: q......:,irit �ll:°....:t :t::,,
❑ Council
❑ Specified Positions:Illipll .....p.!!."....:L"a"IISI .....!!."� �.p...... 1. [2..!!°'....:t.c".:!.,.,
El Other: Local Boards and Advisory Committees
Responsibilities:
Council
Under section 224(e) of the Municipal Act 2001, Council is responsible for "maintaining the
financial integrity of the municipality." Council is required to make decisions that adhere to
the financial policies and procedures that have been put in place to provide investment
income for the municipality.
Chief Administrative Officer
Under section 229(a) of the Municipal Act 2001, the Chief Administrative Officer is
responsible for "exercising general control and management of the affairs of the municipality
for the purpose of ensuring the efficient and effective operation of the municipality." This
includes ensuring that processes are in place that support the effective administration related
to investment of City funds.
Chief Financial Officer (Treasurer)
Under section 286(1) of the Municipal Act 2001, the treasurer is responsible for "handling all
of the financial affairs of the municipality on behalf of and in the manner directed by the
council." For the purpose of this policy this includes:
• Monitoring adherence to statutory requirements
• Ensuring preservation of capital
• Monitoring interest rate risk
• Ensuring liquidity of investments
• Maximizing return on investments
Director of Financial p-Ilkanniiur I 12.!!±ii,Iln„g,,,,,,,,,,, ,Ill;;;;;,ll llf° Illutliiour1
As part of their role the Director of Financial Wfi+ [ ,p s,!r liil,„I„g ,,,,,,,If;;;;;ll�al;;; II „tlions has been
delegated authority and is responsible for:
• Managing the City's overall investment portfolio
• Establishing investment procedures aligned with this policy
• Monitoring cash flow to make effective investment decisions
• Ensuring proper controls are in place related to investments
• Delegating specific investment related tasks to staff where appropriate
Policy Content
Objectives:
Page 0a-"yfel 9 of 64
The primary objectives, in order of priority, of the City's investment activities shall be:
a) Adherence to statutory requirements
Investment activity will be governed by the Municipal Act as amended and limited
to eligible investments under the Act and associated provincial regulations
b) Preservation of capital
Safety of principal is a key objective of the investment program. Investments of the
City shall be undertaken in a manner that seeks to ensure the preservation of
capital including:
• Utilizing credit ratings to assess the overall credit risk related to a
particular investment
• Diversifying the overall investment portfolio in accordance with this
policy
• Properly assessing and mitigating risk associated with fluctuating
interest rates for short- and long-term investments
c) Liquidity
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating and capital requirements that might be reasonably anticipated
and to limit temporary borrowing requirements.
d) Return on Investments
The investment portfolio shall be designed to attain the maximum rate of return
while meeting the above three objectives
Eligible investments
a) Section 418 of Ontario Regulation 438/97 provides a list of eligible securities that
the municipality may invest in. The regulation includes securities such as bonds,
debentures, promissory notes, and other evidence of indebtedness. The City of
Kitchener will consider potential investment opportunities related to all eligible
securities types included in the regulation provided that:
• They align with the City's overall investment policy objectives and
comply with all other aspects of this policy
• They have a credit rating of "Superior" or "Good" as defined in Schedule
A and meet the minimum credit rating requirements and conditions as
outlined in the regulation
Page 0any'e1 9 of 64
• They have not been specifically restricted or excluded in this policy
b) Exclusions — Prudent Investor Standard (Section 418.1)
Part of Ontario Regulation 438/97 includes new prudent investor standards that
allow municipalities that meet certain eligibility criteria the option to invest in a
broader range of securities. The City of Kitchener has not opted -in to this new
standard and as such, is only authorized to invest in securities described under
section 418 and not section 418.1 of the regulation.
c) The City may enter Forward Rate Agreements (FRA) to reduce the risk of future
interest rate changes associated with known cash inflows provided that:
• The FRA is only executed with Schedule I, II, or III Banks whose
minimum DBRS rating is "A (high)" or equivalent as prescribed in the
regulation
• The term of any FRA must be less than 12 months
• An agreement must specify the forward amount, settlement date,
forward interest rate, reference interest rate, as well as other pertinent
details as prescribed in the regulation
• The agreement must be reviewed and approved by the Treasurer and
comply with all other requirements of the regulation
d) The City of Kitchener may enter into an Agency Agreement with the "ONE Fund
Program" for the purpose of participating in joint municipal investment funds.
Unrated municipalities are only permitted to invest in the following securities if
made through the ONE Fund Program:
• Commercial paper
• Corporate debt and shares
• Asset-backed securities
A Council approved bylaw is required prior to entering into any such agreement.
Diversification
The City of Kitchener will diversify its investments by security type and institution according
to Schedule B. These restrictions apply at the time an investment is made. At specific times,
portfolio limitations may be exceeded as a result of timing of individual instrument maturities.
Safekeeping and custody
Backup information for the City's Investments and letters of credit are stored physically on
site or electronically on City servers.
Page 0a-"yfe1 9 of 64
Term of investments
To the extent possible, the City will attempt to match its investments with anticipated cash
flow requirements. Unless matched to a specific cash flow, the City will not directly invest in
securities maturing more than two years from the date of purchase. Reserve and Trust
Funds may be invested in securities exceeding two years if the maturity of such investments
is made to coincide as nearly as possible with the expected use of the funds.
Performance standards
The investment portfolio shall be designed with the objective of obtaining a rate of return
throughout budgetary and economic cycles commensurate with the investment risk
constraints and the cash flow needs. Yields on the short-term portfolio should be higher than
the rate given by the City's bank for the City's general bank account.
Standard of care
a) Prudence
Investments shall be made with judgment and care under circumstances then
prevailing, which persons of prudence, discretion and intelligence exercise in the
management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to
be derived.
Investment officers and employees exercising due diligence and acting in
accordance with written procedures and this Policy shall be relieved of personal
responsibility for an individual security's credit risks or market price changes,
provided deviations from expectations are reported in a timely fashion and the
liquidation or the sale of securities are carried out in accordance with the terms of
the Policy.
b) Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with the proper execution and
management of the investment program, or that could impair their ability to make
impartial decisions. Employees and investment officials shall disclose any material
interests in financial institutions with which they conduct business. They shall
further disclose any personal financial/investment positions that could be related
to the performance of the investment portfolio. Officers and employees shall not
undertake personal transactions with the same individuals with whom business is
conducted on behalf of the Corporation.
Pag,,§cyj 18 of 64
c) Internal Control
The Treasurer shall ensure adequate internal controls over investment policies and
procedures. The Treasurer shall establish a process of independent review by an
internal or external auditor.
d) Reporting
The Treasurer shall provide an investment report to Council at least twice per year.
Authorized investment dealers
Authorized investment dealers must be registered as Investment Dealers with the Ontario
Securities Commission and be members of the Investment Dealers Association of Canada,
and be approved by the Treasurer.
Securities for subdivision and Development Servicin
The objective of the securities policy is to ensure that monies to guarantee the installation of
services will be available to the City when required.
The City of Kitchener shall accept only the following approved securities:
Casll'n liu� time foi�.ii°nn of Il aunlls duPaft oir certiflied cline ue at the discretion of the 11 ireas�.uir-ei� .
...............................................................................................................................................................................................................................................................................................................................................................................0......................................................................................................................................................................................................................................................
a -)Ir „) ................Letter of Credit (in prescribed form acceptable to the City Solicitor) issued by a
Schedule I bank, Schedule II bank, Schedule III bank or Trust Company with a
minimum DBRS rating A (low) (or equivalent).
t)q,) .Letter of Credit (in prescribed form acceptable to the City Solicitor) issued by a
Credit Union provided that:
• The Credit Union is verified as a member of the Central 1 Credit
Union
• The Central 1 Credit Union is rated A (low) (or equivalent) or higher
• The Credit Union has its Head Office in Ontario
• The cumulative Letters of Credit do not exceed 1% of the Credit
Union's Tier 1 Capital as per the Credit Union's most recent audited
financial statements.
d Suu°et [::round lie a escirlill:.)ed fou°.urn ecce tablle to tb° g Clit Sollliclitourr lion accou°dance With
...................................................Y.............................................................u........................................i............................................................................................................Ip..........................................................................................................Y................................................................)............................................................................................................................................
til°ne a°e uliumemei nts of 0... Il:: e 461/ 4: Suu°`el C ounds Section t7, ,1 of til°ne pct uirndeu
..........................................q....................................................................................................................................................................................................................................................y.................................................................................................................................................................................................................................................................................................
tII e II::: Il q rn un_'ii„ling ...A......I:::.:.::...::........... 6 c... li:::� , ` 3.
...................................................... ..................N...............................................................
If a II......etteir of Credit ora Suret 13 nd was revliousll ecce ted lin accou dau°nce wlitl°°n time above
.........................................................................................................................................................................................................................Y....................................................................................L�............................................................Y.........................................................................................................................ii......................................................................t....................................:............:......................................
and the lInstitution has slirnce IG been dowu°naraded and/or no Iloirnaer meets the u°n~nlirnliu°nuaum
Pag,p7g 19 of 64
u.-e a lire.ir'neirnts fll°�e Clit u"ne re. a est a riew ecce2talk:�lle foram of security,.
.......................................................................................................................................................................................................................................................................................................II...............................................................................................................................................................
Results of Review
❑ No Edits Required
x❑ Housekeeping Edits
❑ Substantial Edits
❑ Repeal/Replace
Policy History
Administrative and Housekeeping Changes
Date Nature of Change
2016-07-01 1-605 policy template re -formatted to new numbering system and given number
FIN -PLA -605
Substantial Changes
Date Council/CLT Directive
2008-04-07 Resolution passed by Council
2012-12-03 Resolution passed by Council, see report FCS -12-189
2016-06-01 1-605 policy template was re -formatted to new numbering system and given
number FIN -PLA -605
2017-06-05 Resolution passed by Council, see report FCS -17-095
2021-04-26 Resolution passed by Council, see report FIN -2021-20
PagMcyj 19 of 64
SCHEDULE A:
LONG-TERM CREDIT RATINGS
The following chart compares the different scales for long-term securities used by four
rating agencies recognized in Ontario Regulation 438/97.
Credit Qu Ii DBRS
S&P
Mood 's
Fitch
Su erior: extremely strong capacity ; AAA
1 AAA
; Aaa
1 AAA
to repay principal and interest AA (high)
1 AA+
Aal
AA+
AA
1 AA
Aa2
AA
AA (low)
1 AA-
Aa3
AA-
Good: strong capacity to repay j A (high)
j A+
j Al
j A+
principal and interest A
1 A
A2
A
A (low)
A-
A3
A-
SHORT-TERM CREDIT RATINGS
The following chart compares the different scales
for short-term securities used
by three
rating agencies recognized in Ontario Regulation
438/97.
Credit Quality....
DBRS ....
S&P....
Fitch
Superior: extremely strong capacity to repay
R-1 (high)
A-1+
1 F-1+
principal and interest 1
R-1
midde )
Good: strong capacity to repay principal and ,
R-1 (low)
1 A-1
1 F-1
interest
Pag,,2cyj 19 of 64
Schedule B:
INVESTMENT POLICY DIVERSIFICATION SUMMARY — SHORT-TERM PORTFOLIO
Sector
Maximum ;
Maximum
; Limits"
Portfolio
Portfolio
Share
Government of Canada
Share
None
Government of Canada
10% I5%/issuer
100%
1 None
Provinces
100%
25%/is suer
Municipalities
Muni
Municipalities
20%
10%/issuer
Schedule I Banks
35%
100%
Top 5 major chartered banks:
25%
College, University,
75%/issuer*;
Housing Corp., Hospital
Other Schedule I banks: 25%/issuer
Schedule II Banks and
100%
30%
1 HSBC Canada: 25%;
Schedule III Banks
at incorporation; Preferred Shares —
I Other Schedule II and III banks:
None
Financial
0
75% total ;T
10%/issuer
Credit Unions and Trust
75%
20%
; 1 0%/issuer
Companies
Other — 10%/issuer
Other Schedule I, II, III
20%
Pooled Investment Funds
banks, Trust Companies,
100%
None
* The minimum primary bank account balance required to obtain a preferred rate is
excluded from the limit per issuer.
** Compliance with limits is required within 30 days of non-compliance.
INVESTMENT POLICY DIVERSIFICATION SUMMARY — LONG-TERM PORTFOLIO
Sector
Maximum ;
Limits
Portfolio
Share
Government of Canada
100%
None
Governments of other
10% I5%/issuer
I
countries and supranationals
Provinces
50%
25%/issuer
Muni
Municipalities
35 /o tot al 1
10%/issuer
Region of Waterloo
35%
Other municipalities
25%
College, University,
10%
Housing Corp., Hospital
Incorporated Municipal
100%
Common Shares — Total issued to City
Electrical Utilities
at incorporation; Preferred Shares —
None
Financial
0
75% total ;T
525%/issuer
Top -
Schedule I banks — top 5
75%
major chartered banks
I
Other — 10%/issuer
Other Schedule I, II, III
20%
banks, Trust Companies,
Credit Unions
Pooled Investment Funds
75% 1
10% Limit on equity portfolio
Page 1�2cyJ I R of 64
Staff Report
J
IKgc.;i' r� R
Development Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: March 17, 2025
SUBMITTED BY: Andrea Hallam, Manager, Arts & Creative Industries, 519-783-8269
PREPARED BY: Eric Rumble, Coordinator, Arts & Creative Industries, 519-783-8294
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 24, 2025
REPORT NO.: DSD -2025-062
SUBJECT: Public Art Commission for Mill Courtland Community Centre
RECOMMENDATION:
That the commission and creation of a new public artwork, "Swoop," by Agnes
Niewiadomski and Michelle Purchase, to be installed at Mill Courtland Community
Centre as part of its expansion renovation, be approved; and further,
That the Mayor and Clerk be authorized to implement an agreement, satisfactory to
the City Solicitor, with the artist team, outlining the obligations of the commission.
REPORT HIGHLIGHTS:
• The purpose of this report is to explain the selection rationale and recommended
proponent from the 2024-25 Mill Courtland Community Centre public art competition.
• The key finding of this report is the jury selection of one proposal, which resulted from
a successful open call for submissions and a three -stage selection process.
• The financial implication is a $25,000 allotment from the facility renovation budget, plus
approximately $10,000 from the consolidated public art account.
• Community engagement included a diverse jury composition, endorsement from the
Arts & Culture Advisory committee and feedback from users of the community centre.
• This report supports the delivery of core services through the 1 % for public art policy.
BACKGROUND:
City of Kitchener's public art program installs site-specific artworks at newly constructed
facilities such as libraries, community centres, fire stations, parking garages, and other
public spaces and civic buildings. These artworks include permanent installations in a wide
variety of styles and materials, chosen with a preference for artistic merit and material
innovation, site responsiveness, public engagement and accessibility, durability and
sustainability.
Mill -Courtland Community Centre (MCCC) is eligible for a public artwork allotment through
the City of Kitchener's public art policy, GOV-COR-816.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 15 of 64
MCCC will soon be renovated to increase the footprint of the building and update existing
infrastructure to meet its current and expected demand for services and programs. The
planned expansion of the facility involved community consultation to determine priorities for
the centre's indoor and outdoor spaces, which informed a business case and then a detailed
design, led by a project team including City staff and neighbourhood association members.
Renovations will begin this spring and are expected to be completed in 2026.
REPORT:
The MCCC public art competition was open to artists or artist teams based in the Waterloo
Region with experience creating public art and/or participatory artworks with community
contributions. The open call requested ideas for a $30,000 commission, which would need
to cover the successful artist's or team's design and production fees, insurance and other
administrative costs, as well as materials, fabrication and installation expenses, including
studio space, transportation or travel. Interested artists were encouraged to visit MCCC and
learn about its active uses before applying, and to respond to a theme of "togetherness" that
was highlighted during expansion consultations with residents.
Staff assembled a jury to evaluate the expressions of interest received, determine a short
list of potential proponents to be paid to further develop their ideas, and recommend a final
selection after considering further input from citizens with connections to MCCC. Jurors
were carefully chosen to include the following members:
• Melika Hashemi (professional artist)
• Jason Panda (professional artist)
• Jacob Irish (professional artist & Public Art Working Group representative)
• Nicola Martin (representing the Mill -Courtland Neighbourhood Association)
• Lisa Lambourne (representing MCCC staff)
• Cassandra Cautius (representing the renovation architect, Barry Bryan Associates)
• Debbie Chapman (Ward 9 councillor)
Competition
After determining a selection process and timing in collaboration with Community Services
staff, Arts & Creative Industries (A&CI) staff shared an open call for expressions of interest
on the City's website for 90 days from March until June 2024. In addition to a togetherness
theme, the call identified a clear preference for ideas featuring hands-on opportunities for
community members to help create the artwork and/or programming or interactive potential
once installed. Other evaluation criteria included:
• Artistic merit of a proposed concept to enhance or activate public space at MCCC.
• Appropriateness of the scale, visibility and/or presence of a proposed artwork.
• General technical feasibility (durability, assembly, safety, accessibility).
The open call was promoted via City communications channels, local e -newsletters and
emails to appropriate arts sector workers based in the region. A public information session
was held at MCCC in April 2024.
Eleven submissions were received before the deadline. In stage one, the jury reviewed,
rated and discussed their preferences of all submissions. The jury selected four submissions
to advance to stage two.
Page 16 of 64
In September 2024, A&CI staff met on site with the four remaining artists or artist teams.
Each proponent was paid $500 to further develop their artwork proposal and then present it
to the jury in early November. The jury was tasked with eliminating one proposal during its
stage two meeting and it easily reached consensus on that decision. Another proposal was
subsequently eliminated by A&CI staff due to substantial technical and feasibility concerns.
The remaining two options were progressed to stage three.
Stage three involved sharing the two finalist options with a display at MCCC and a request
for public input on the facility expansion project's Engage WR webpage for three weeks in
January 2025. More than 80 responses were received to a series of questions about each
option, with a clear preference for one of the proposals.
The selected concept (see appendix A) was indicated as "strongly" or "very" representative
of the togetherness theme by 95.1 % of respondents, and its potential to enhance MCCC
and make its users happy was confirmed by 91.6% and 97.6% of respondents, respectively.
The jury met again in late January to review the public input and determined its support for
the community's preference.
Jury Statement
Swoop proposes an eye-catching reimagination of the vaulted ceiling area inside MCCC —
a great, cannot -miss -it location that will attract interest from everyone who enters the facility.
The artwork will engage with the community that relies on the Centre by providing
opportunities to contribute to its fabrication and an ongoing source of inspiration for activities
or programs after it is installed.
The renewable, natural and locally sourced willow will bring a unique material language into
the space, balancing strong craftsmanship with a handmade quality that aligns with the
centre's well-established character. The sense of motion and collective flow of the piece will
beautifully mirror the communal interaction and movement of people in the building as well.
Citizen input on two finalist options also indicated a clear preference that the jury wanted to
respect. Residents confirmed that Swoop represented the concept of togetherness well and
that it would enhance the space. Comments about the idea's appeal included its repurposing
of renewable, low -impact materials, its use of vertical space at MCCC, the hands-on
involvement of the community in its production, and the positive symbolism and multicultural
resonance of swallows and flocks of birds.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The recommendation has no impact on the capital or operating budget.
Guided by the City's public art policy, 1 % of the facility renovation budget was determined
to be a $25,000 allocation. Because the policy indicates $30,000 as the minimum amount
required to produce an artwork for the City's collection, and selection processes have further
costs such as compensating artists to develop proposals, honoraria for jurors and jury
meeting costs, A&CI contributed another $10,000 from the consolidated public art account.
Page 17 of 64
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — The call for expressions of interest was created in collaboration with MCCC
staff and informed by previous A&CI efforts to refine its open call template to reduce barriers
to inclusivity and attract more equity -seeking applicants. The selection jury for this process
attempted to be representative of community demographics and include both visual arts
professionals and locals with active involvement in MCCC activities.
The soliciting of citizen input using the Engage WR platform was motivated by consultation
with centre users that indicated a high priority on their involvement in things that happen
inside MCCC. Without past outcomes to reference the success of the effort, staff felt that
the community response was general positive and useful to the selection process.
At the Arts & Culture Advisory meeting on Tuesday, February 18, 2025, all members present
voted to "endorse the jury selection of the artist team, Agnes Niewiadomski and Michelle
Purchase, and their proposed artwork, Swoop, for the Mill Courtland Community Centre."
PREVIOUS REPORTS/AUTHORITIES:
• CSD -2022-422 Mill Courtland Community Centre Expansion Business Case
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A — Stage two proposal for Swoop public artwork at MCCC
Page 18 of 64
Swoop by Ames Niewiadomski and Michelle Purchase
Using basket weaving techniques, we (Agnes and Michelle) will conduct a series of
community-based workshops to craft a flight of hand-woven willow swallows. The
swallows, which will hang from the ceiling and/or be affixed to an indoor wall, will be
locally sourced from wild and farmed willow. Likewise, dyes, made from local walnut
(brown) and acorn (black) pigments, will be handmade, along with a set of woven
baskets resembling swallow mud nests, placed in the upper room corners.
sample woven willow swallows - aprox. 30cm x 45cm
Swallows, small migratory
songbirds found worldwide, carry
myriad cultural symbols. They are
known for their homing instincts,
denoting stability and home in
many cultures. Indigenous North
American beliefs associate
swallows with protection and
good fortune. As such the
presence of swallows is seen as a
sign that the community is being
watched over and safeguarded
from harm. In Europe and China,
swallows are seen as a blessing
that wards off harm, and for
sailors, they are harbingers that
signify safe shores ahead.
Page 19 of 64
Swallows also allude to love and loyalty, as male and female pairs look alike and often
mate for life. This association with love, freedom, and hope connects to the
ZSLGBTQI+ community and Pride celebrations. And their return each spring after
long migrations ties swallows to renewal, new beginnings, and the end of difficult
times—all markers of resilience and transformation.
There are more than a dozen willow species native to Canada, and their presence
provides vital habitats, prevents erosion, and aids in ecosystem restoration. They also
bloom early in spring, offering some of the first food for pollinators. Known for their
flexibility, the willow is adaptable and strong with the ability to bounce back
following adversity. In folklore, willows represent renewal, and the bark has a
compound used in modern pain relievers like aspirin.
Our flight will feature a
gradation of natural
colors in reference to
movement, transition,
and change—a nod to
personal growth, the
forging of new
friendships, and the
acceptance of physical
and emotional change.
As symbols, the swallow
and willow align with the
values of the MCCC,
which serves a diverse
community, often helping
families who have come
from afar to find safety
and support. MCCC
connects people to
resources in support of
building healthy, vibrant
neighborhoods. The
swallows and willow
remind us of the
resilience of nature and
Page 20 of 64
how we can thrive even under challenging conditions. This makes them fitting
emblems of hope, new beginnings, and adaptability.
We are passionate about our shared love for nature and creativity, especially through
hands-on art -based activities. By building deep connections to nature, a sense of
responsibility for the environment with strong bonds to our surroundings is
nurtured. Engaging hands-on crafting, alongside friends (old and new), enhances
mental health and well-being, which in turn contributes to a sense of belonging—to
each other, to the community, and to the plants and animals that inhabit our natural
environment.
Above is the mood board from the artists to help convey textures & other details of their concept.
Page 21 of 64
stage2- budget -SWOOP
develop PFE)tOtype f0F eustern willew weaving teels along
with hlael( �.wmmth
�VPRTTAfQG1�JIlTRTI
Sandra says $500 te develop the pretetype
Gustem Teel FnanUfaGtWing WE)FI(shops at Two Smiths
blael(sFn'th stud'e with artist Sandra Dunn
SandFa it's a m'nimum eharge of $1600.00 for a greup
session. One day elasses are $375.00 per peFsen.
Engineer consult and specification/drawing approval
$300.00
have used Micheal Zwart at Tacoma Engineering before,
Michelle performed a consult then she drafted the
specifications and construction details for the approval
Engineer site inspection during / after installation?
$800.00
Community space rental for workshops
$0.00
in-kind from City
Equipment rental - Scissor Lift - two weeks
Cooper Rentals - 19ft lift 793.50 (per week, 26ft is
Subtotal Professional Fees: Technical
$300.00
$891.70 per week - includes insurance, envionmental
Budget Notes
$1,783.40
$170 per day
Budget
Briefly explain your calculations
daily rate per artist charged at $500 (8 hour day) or $50
per hour
Willow harvesting from local sites, soaking and mellowing $735.00
Nest weaving - 15 nests ($150 per nest)
$2,250.00
Willow weaving community workshops
216 birds - (1:5 student to teacher ratio - approx. 2-3
hours to make a bird) If 10 students per workshop need
about 22 half day workshops $250 to each instructor
$11,000.00
1 per workshop
Installation - two people for two weeks (140 hours @50
per hour)
$7,000.00
Project Management/ Administration - planning, liase
with city staff, organizing, promotion, calculations and
measurements, sourcing materials, etc. (9% of total -
approx 54 hours @ $50 per hour)
$2,700.00
Subtotal Professional Fees: Artistic
$23,685.00
develop PFE)tOtype f0F eustern willew weaving teels along
with hlael( �.wmmth
�VPRTTAfQG1�JIlTRTI
Sandra says $500 te develop the pretetype
Gustem Teel FnanUfaGtWing WE)FI(shops at Two Smiths
blael(sFn'th stud'e with artist Sandra Dunn
SandFa it's a m'nimum eharge of $1600.00 for a greup
session. One day elasses are $375.00 per peFsen.
Engineer consult and specification/drawing approval
$300.00
have used Micheal Zwart at Tacoma Engineering before,
Michelle performed a consult then she drafted the
specifications and construction details for the approval
Engineer site inspection during / after installation?
$800.00
Community space rental for workshops
$0.00
in-kind from City
Equipment rental - Scissor Lift - two weeks
Cooper Rentals - 19ft lift 793.50 (per week, 26ft is
Subtotal Professional Fees: Technical
$300.00
$891.70 per week - includes insurance, envionmental
10/28/2024 Page 22 of 64 1
Production Space & Equipment
Storage space rental ($100
per month - 8 months?)
$800.00
Community space rental for workshops
$0.00
in-kind from City
Equipment rental - Scissor Lift - two weeks
Cooper Rentals - 19ft lift 793.50 (per week, 26ft is
$891.70 per week - includes insurance, envionmental
fee, taxes, delivery ($125 each way) - daily rental approx
$1,783.40
$170 per day
10/28/2024 Page 22 of 64 1
stage2- budget -SWOOP
Sculpture Tools and Materials
Materials: dry willow (to ensure variety of colour and
quality we will collect some willow and purchase some
willow)
$1,000.00
priced by the pound $18 per pound before tax - approximately 200
birds (60 grams per bird - 7.5 birds per pound of willow) - need
about 29 pounds for birds and about 1 pound per nest
willow soaking tank
$0.00
Agnes has a tank
freezer (for storing soaked willlow) $0.00
Agnes has a freezer
Fabrication Hardware: secateurs, awls, etc.
$350.001
branch ranch sells awls for $48, replacement blades or
1 sharpening for secateurs that Agnes already has
Installation Materials
Installation Hardware: brackets, wires/aircraft cable
(1/16"), sleeves/fasteners, crimping tool etc.
$300.00
hanging hardware: wires and eye loops fastened to
walls/beams, drill/tool rental
$300.00
Subtotal Project Costs
$4,533.40
liiilzi�.mU $29,992.4511
10/28/2024 Page 23 of 64 2
Staff Report
Community Services Department www. kitchen er.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: March 17, 2025
SUBMITTED BY: Elin Moorlag Silk, Manager, Service Coordination & Improvement
PREPARED BY: Elin Moorlag Silk, Manager, Service Coordination & Improvement
Olabukonla Mise, Project Manager, Municipal Newcomer Strategy
WARD(S) INVOLVED: All Wards
DATE OF REPORT: March 6, 2025
REPORT NO.: CSD -2025-054
SUBJECT: Municipal Newcomer Strategy — Scope & Development Approach
RECOMMENDATION:
That Council endorse the scope and approach outlined in CSD -2025-054 for the
development of the Municipal Newcomer Strategy.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with an overview of the purpose,
approach, scope, intended deliverables, and timeline for the development of the City's
first-ever Municipal Newcomer Strategy.
• Development of the Municipal Newcomer Strategy will involve significant community
engagement with newcomers, collaboration with newcomer -serving organizations, and
the utilization of research, data and best practices. This approach will ensure the
strategy is experience -based and data -driven.
• The scope for the strategy development will be focused on the experiences and needs
of newcomers who have arrived in Canada within the last 10 years, AND on areas of
service and opportunities within the City of Kitchener's jurisdiction.
• While the development of the Municipal Newcomer Strategy aligns with our strategic
priority to Foster a Caring City Together, it also plays a crucial role in enhancing
Kitchener's economic resilience by leveraging the potential of newcomers in business
creation, workforce sustainability, and long-term economic growth.
• The end goal throughout this development phase is to create a strategy that enhances
the quality of life for newcomers by improving access to City services, facilities, events,
and supports, while fostering opportunities for economic prosperity, cultural inclusion,
and active community participation.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 24 of 64
BACKGROUND:
The idea to develop a Municipal Newcomer Strategy came out of the City's 2022 strategic
plan process through consultations with community -led advisory groups who identified
newcomers (immigrants from various streams, including skilled workers, and refugees) as
a priority population for the City of Kitchener to focus on. As a starting point, the development
of a strategy to guide this municipal work was identified as the first step and was included
in the City's 2023-2026 Strategic Plan under the Fostering a Caring City Together list of
priorities.
Given the immigration trends across Canada and within our region over the past 10 years,
it is timely for the City of Kitchener to turn our attention to how best to support newcomers
in our community. As of the 2021 census, 23% of the Canadian population is made up of
immigrants, and 30% of Kitchener's population is reported to be born outside of Canada
(which is a 4% jump after remaining stable at 26% for the 2016 and 2011 census). Among
immigrants living in Kitchener, approximately 22% are considered recent immigrants, which
means they have arrived over the last five years.
The tables below provide an overview of recent immigration trends in Kitchener. Table 1
highlights the top 10 countries of origin for recent immigrants in 2021, showing a doubling
of the number of recent immigrants compared to 2016. It also reflects shifts in their countries
of origin, which indicate evolving global migration patterns and present new opportunities
for community and economy building in Kitchener.
Top 10
2021 Census
2016 Census
Countries
N
%
rank
N
%
rank
India
3,565
22%
1
925
12%
1
Eritrea
2,055
13%
2
340
4%
5
Syria
1,695
10%
3
725
9%
2
Nigeria
605
4%
4
60
1 %
27
Philippines
500
3%
5
320
4%
6
China
495
3%
6
420
5%
4
Turkey
460
3%
7
70
1%
24
Brazil
425
3%
8
35
0.5%
39
Pakistan
365
2%
9
230
3%
8
Ethiopia
360
2%
10
195
3%
12
Total
16,345
7,910
Table 2 categorizes recent immigrants living in Kitchener by the primary immigration
pathways contributing to these larger immigration trends. As demonstrated, Economic
Immigrants and Refugees are to two largest categories of newcomers settling in Kitchener,
accounting for 79% in 2021 and 75% in 2016.
Page 25 of 64
IIIIANT"i tl 71,1511.11—W111, l l l - Y l e
Immigration
Arrivals in
Top Source
Arrivals in
Top Source
Category
Kitchener 2021
Countries 2021
Kitchener 2016
Countries 2016
Economic
6,295(39%)
India, Nigeria,
3,690(41%)
India, Philippines,
immigrants
Philippines
Pakistan
Refugees
6,590(40%)
Eritrea, Syria,
3,090(34%)
Iraq, Eritrea, Syria
Turkey
Family
3,260(20%)
India, Eritrea,
2,205(24%)
India, United States
sponsorships
China
of America,
Pakistan
Other
200(1%)
Nigeria, Poland,
90(1%)
Colombia, United
immigrants
Brazil, EI
States of America
Salvador
TOTAL
16,345
9,075
While the tables above draw on the most recent available data from the 2021 census, it is
essential to recognize significant global and national events that have occurred post -2021,
which may have contributed to a notable increase in newcomers in Kitchener. These events,
though not captured in the 2021 Statistics Canada data, have likely impacted service
demands and community dynamics. Such key events include:
• Russian Invasion of Ukraine (2022)
• Afghan Refugee Resettlement (2021 — ongoing)
• Global Humanitarian Crises in regions such as Syria and Rohingya-majority areas (2021+)
• Significant Increases in International Students entering Waterloo Region (2022+)
These additional resettlement trends show the need for flexibility in the Municipal Newcomer
Strategy's design to accommodate emerging population shifts and service needs driven by
global events.
REPORT:
In building a project charter for the development of the Municipal Newcomer Strategy,
substantial engagement with staff across all departments within the City of Kitchener, along
with representatives from newcomer -serving organizations (such as Immigration
Partnership, KW Multicultural Centre, and Compass Refugee Centre) has been conducted.
The purpose of these consultations was to better understand newcomer services available
within the community and to better understand some of the experiences or challenges City
of Kitchener staff have encountered when serving newcomers within their various roles.
Within these conversations, ideas, insights, and opportunities were shared related to the
scope and approach to the development of the newcomer strategy, which was incredibly
helpful in developing a clear purpose, goals, approach, deliverables, and timeline for
development of the strategy.
It is also important to note that while the development of the Municipal Newcomer Strategy
aligns with our strategic priority to Foster a Caring City Together, it can also play a crucial
role in enhancing Kitchener's economic resilience by leveraging the potential of newcomers
in business creation, workforce sustainability, and long-term economic growth. Thus, the
Page 26 of 64
development of the Municipal Newcomer Strategy can also be seen as an important
component of the strategic investment in Kitchener's economic and social future, supporting
the city's long-term prosperity by building a stronger economy, building stronger
communities, and engaging in better workforce planning. In fact, research shows that
newcomers drive economic growth in a number of ways, as illustrated below.
How Newcomers can Drive Economic Growth in Kitchener
Entrepreneurial
Potential
•389 of immigrants
surveyed by the
iaxrraaapaotion Poatnership in
Waterloo Region accessed
sni all business supports
-More than 1 in 4
enterprises in Canada ore
owned by irrrrraFagrants
-Newcomers drive tocol
business growth ondj °o
creation
workforce Contribution
•719& of recent immigrants
(15+)in Kitchener have
employment income
-Nevwcomers fiil talent
shortages & workforce gaps
-29% of recent immigrants
earned over $50K annually
in 2020'
Young Growing
Workforce,
-Average, newcomer rage is
2'9.9 years (compared with
the overall Kitchener
population of 89.0)
-Supports workforce
business .susteain alaidity
Municipal Newcomer Strategy Development
The following section provides an outline of the purpose, scope, approach, and deliverables
for the development of the Municipal Newcomer Strategy.
Purpose
To develop a Municipal Newcomer Strategy for the City of Kitchener that enhances the
quality of life for newcomers by improving access to City services, facilities, events, and
supports, while fostering opportunities for:
• economic prosperity,
• cultural inclusion, and
• active community participation.
Throughout development of the strategy, the focus will be on actionable and achievable
recommendations within the City's jurisdiction to help create a welcoming and supportive
environment where newcomers can thrive and contribute meaningful to the life of our
community and our City's economy.
Page 27 of 64
Project Scope
In developing the Municipal Newcomer Strategy, priority will be placed on the experiences
and needs of newcomers who have arrived in Kitchener within the last 10 years. Typically
the categorization of `Newcomer' or `recent immigrant' by the federal government, as
reported by Statistics Canada, would be those who have arrived within the past five years.
However, for this project, the decision to define 'newcomers' as individuals who have arrived
in Canada within the last 10 years acknowledges the varied timelines for settlement and
integration into the community, which differ based on individual circumstances. This
approach aligns with the Immigration, Refugees and Citizenship Canada (IRCC)
perspective, which emphasizes that not all newcomers integrate within a specific timeframe.
Expanding the time band to 10 years also ensures inclusion of those who arrived shortly
before or during the COVID-19 pandemic, recognizing that the pandemic's disruptions likely
delayed integration and access to supports for many individuals.
Development of the strategy will also draw on established frameworks, including the United
Nations Sustainable Development Goals (SDGs), Canada's Social Determinants of Health
(SDH), and regional initiatives such as the Community Safety and Wellbeing Framework
and Immigration Partnership's model, to guide its development and ensure alignment with
global, national, and local priorities for fostering inclusive and thriving communities; please
see Appendix A.
Some examples of areas of jurisdiction that affect newcomers but are out of scope in
development of the strategy include: Regional responsibilities (public transit, subsidized
housing, social services), Federal and Provincial immigration policies and programs,
employment and credential recognition process, and education systems (K-12 and post-
secondary).
The strategy will focus on areas of service and opportunities within the City's jurisdiction,
ensuring actionable recommendations while integrating equity considerations throughout its
development. Some examples areas of focus within the City's jurisdiction include the
following: direct programming offered out of City pools and community centres, informational
materials about the City's services, engagement practices for City -led projects, access to
and use of City of Kitchener facilities, and recruitment/retention policies and practices for
City of Kitchener staff.
Project Approach
To develop a strategy that is beneficial for newcomers and for the community as a whole,
while also being feasible to implement, the following approach will be taken:
1. Conduct widespread engagement with newcomers and with newcomer -serving
organizations to understand needs, barriers and challenges, to leverage/coordinate
resources, address gaps in services/supports and awareness, and avoid duplication
of services.
2. Utilize research, demographics, best practices, and existing frameworks to
create a strategy informed by evidence and lived experience.
Page 28 of 64
3. Collaborate with City Staff to integrate existinq initiatives that are in alignment
with the purpose of the Municipal Newcomer Strategy. In our consultations with staff
and within the community, many areas of collaboration have surfaced where staff are
already doing newcomer -focused work, which we will continue to prioritize to ensure
a focused, coordinated approach within the City's jurisdiction, maximizing impact
without duplicating efforts.
4. Ensure collaborative governance throughout strategy development with the
creation of a Municipal Newcomer Strategy Working Group made up of those with
lived experience as newcomers, representatives from newcomer -serving
organizations, and City of Kitchener staff. This group will play a critical role in
reviewing the engagement
the recommendations that
consideration.
Project Deliverables
strategy and results, refining priorities, and formulating
will make up the strategy presented to Council for its
The final set of deliverables expected out of the work outlined above are the following:
1. A comprehensive summary of themes and priorities identified through
engagement with diverse newcomer groups and newcomer -serving organizations,
including the identification of challenges and barriers related to accessing City of
Kitchener services, and opportunities where improvements could be made.
2. A summary of research conducted, including current City of Kitchener
demographics, population projections, and analysis of best practices and newcomer
strategies/frameworks from other cities to support data -driven decision-making.
3. A comprehensive Municipal Newcomer Strategy, made up of a series of
resource -aligned recommendations for Council's consideration (staff report and
presentation).
4. An actionable implementation framework and a monitoring/evaluation plan to
ensure long-term impact and sustainability.
Page 29 of 64
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STRATEGIC PLAN ALIGNMENT:
This report supports Fostering a Caring City Together
FINANCIAL IMPLICATIONS:
Through the 2023 budget process City Council added $200,000 in capital funding for this
Strategic Plan Priority, which covers the dedicated full-time project manager in place for
strategy development as well as all expenses incurred as part of community engagement.
Once the Municipal Newcomer Strategy has been developed, considerations for both
operational and capital funding will be presented to Council as part of the recommendations.
COMMUNITY ENGAGEMENT:
Engagement efforts to date have included targeted consultations with newcomer -serving
organizations such as the Kitchener -Waterloo Multicultural Centre, Immigration Partnership
Waterloo Region, and Compass Refugee Centre. Moving forward, staff will consult a diverse
range of stakeholders, including additional newcomer -serving and ethno-cultural
organizations.
As part of planned engagement for the strategy development, staff will seek input from
individual newcomers across various immigration categories within the Kitchener
community, including permanent residents (economic immigrants, family -sponsored
immigrants, and refugees), temporary residents (international students, temporary foreign
workers), asylum claimants, and undocumented persons in order to ensure a
comprehensive and inclusive approach.
In order to ensure diversity of experience and representation in the governance of the
strategy development, a working group will be created to support the co -creation and
development of the strategy. The working group will consist of representatives from
newcomer -serving organizations, individuals with lived experience as newcomers, and City
staff. This group will play a critical role in developing the engagement strategy, reviewing
engagement data, refining priorities, and formulating the recommendations that will
comprise the Municipal Newcomer Strategy. The working group is expected to consist of 12
to 15 members in total, including 5 staff members, 5 newcomer community members, and
4 representatives from newcomer -serving community organizations, who will, in line with
previous City practices when engaging equity -seeking groups, be paid an honorarium for
their time.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Michael May, DCAO & GM, Community Services
ATTACHMENTS:
Appendix A — Framework Alignment & Context for the Municipal Newcomer Strategy
Page 31 of 64
APPENDIX A: Framework Alignment & Context for the Municipal Newcomer Strategy
Page 32 of 64
Framework Alignment and
Context for the Municipal Newcomer Strategy
United Nations
SDGs
Goal 3 - Good health &
Goal 8- Decent work
Goal 10 - Reduced
Wellbeing
& Economic Growth
inequalities
The Social
- Social Supports
Determinants of
- Employment & Working Conditions
Health (SDH)
- Education & Literacy
27% of newcomers in the
Newcomers report lower
Newcomers earn
Region of Waterloo find
levels of social
35% less than the
navigating public services
connectedness, with 56%
Canadian average
confusing or inaccessible
feeling isolated during
during their first five
(Immigration
their first five years in
years in Canada
Partnership Community
Data on
Canada (Canadian Index
(Statistics Canada,
Survey, 2022)
Newcomer
of Wellbeing, 2021)
2021).
Experiences
60% of newcomer
Many newcomers
Many skilled
children in the Waterloo
experience mental health
newcomers face
Region report difficulty
challenges, with 1 in 3
underemployment,
adjusting to the Canadian
reporting stress, anxiety,
with 48% working in
education system
or depression related to
jobs below their
(Waterloo Region
settlement and integration
qualifications (IRCC,
School Boards Report,
(CMHA, 2021)
2022)
2022)
The Community
Safety &
Wellbeing
Framework
Building a safe and well community for all
Immigration
Partnership
Waterloo
Region
Settle I Work Belong
Building a city for everyone where, together, we take care of the world
Strategic Plan
Vision
around us — and each other.
Strategic Plan
- Fostering a caring city together
Priorities
- Creating an economically -thriving city together
The Municipal
Enhancing the quality of life for newcomers by improving access to City
Newcomer
services, facilities, events, and supports, while fostering opportunities for
Strategy
economic prosperity, cultural inclusion, and active community participation.
Page 32 of 64
Staff Report
l
IKgc.;i' r� R
Community Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: March 17, 2025
SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-783-8516
PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-783-8516
David Heuchert, Chief Fire Prevention Officer, 519-783-8707
Jeff Silcox -Childs, Director of Parks and Cemeteries, 519-783-8877
DATE OF REPORT: March 4, 2025
REPORT NO.: CSD -2025-048
SUBJECT: Parks/Noise/Fireworks Exemption — Tecumseh Park — August 23, 2025
RECOMMENDATION:
That an exemption to Chapters 270 (Parks), 450 (Noise), 739 (Fireworks and Firecrackers)
of the City of Kitchener Municipal Code be granted to Jennifer Emrich for a fireworks
display in Tecumseh Park that will form part of a wedding reception taking place in their
backyard on August 23, 2025 between 9:30pm and 10pm.
This exemption is subject to the following conditions, which, if not complied with will
render the exemption null and void;
a) A fireworks permit will be applied for and obtained by an approved Pyrotechnician
or Fireworks Supervisor through Kitchener Fire Department.
b) The approved fireworks company will provide a certificate of insurance.
c) Weather conditions must be safe and conducive for a fireworks display, in the
event of high winds or a fire ban, a display will not be permitted.
d) The event organizers will ensure there is an on-site contact person accessible to
correspond with City staff at all times during the event and agree to respond
accordingly.
e) The residents will circulate a letter to the surrounding neighbours advising them
of the backyard wedding reception and fireworks display.
f) The residents will ensure Tecumseh Park and the surrounding neighborhood is
inspected the following day for any fallen debris which shall be removed and
disposed of appropriately.
REPORT HIGHLIGHTS:
Residents of Tecumseh Crescent will be hosting a backyard wedding on August 23, 2025,
they are requesting to set off a fireworks display in Tecumseh Park at the end of the
reception which will take place between 9:30pm and 10pm (once it becomes dark).
Residents will be retaining FiredUp Pyrotechnics Inc. who are a licensed and reputable
Fireworks Vendor, it is estimated the fireworks display will last between 5-7 minutes in
duration.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 33 of 64
• The Fireworks company will obtain a permit to set off fireworks (issued through Kitchener
Fire Prevention), a permit to cross parkland and will also provide a certificate of insurance.
BACKGROUND:
Residents of Tecumseh Crescent will be hosting a backyard wedding for their daughter on
August 23, 2025. The couple are huge Disney fans and were engaged at Disney with fireworks
and are hoping to have a professional, insured company who specializes in fireworks displays,
provide a small 5-7 min show at the end of their wedding celebration.
REPORT:
The wedding celebration will be hosted at a private residence and will take place on private
property until approximately 10pm. The residents are requesting an exemption to the Parks,
Noise and Fireworks bylaws in the hopes of hosting a fireworks display once it gets dark, to
finish the celebration.
The residents will be retaining FiredUp Pyrotechnics Inc. who are a Canadian Company located
in Niagara, Ontario and who are trained professionals specializing in firework displays for special
occasions and celebrations such as weddings. FiredUp will be required to apply for a fireworks
display permit through Kitchener Fire Department, a permit to cross parkland through Parks, and
will have to provide a certificate of insurance. In addition, FiredUp will be required to provide an
event plan, a safety plan to ensure they are able to meet the requirements of the Fireworks
Bylaw which requires a minimum 10 metre setback from any trees, structures, equipment,
homes, etc. Staff will also indicate on the approval that FiredUp will be required to ensure any
garbage resulting from the fireworks display is cleaned up and removed and cannot be left
behind or placed into the City garbage receptacles located within Tecumseh Park. The residents
will also be responsible for the costs to repair any damages to park infrastructure.
In the event the City of Kitchener is under a fire ban on the date of the reception, or if other
weather conditions are present which may impact the safety of a fireworks display, this
exemption will be considered null/void.
FiredUp Pyrotechnics Inc. will block off access to the park approximately an hour or so before
the fireworks display, no one will be permitted in the area of the park that has been closed off
with caution tape and FiredUp will have three to four team members at the event to assist with
ensuring safety. A trailer will be brought into the park which will contain the fireworks, the
fireworks will be set up on plywood sheets which will be placed on the ground about 30-40
minutes before it gets dark. The fireworks display will be set off by a professional pyrotechnician
and will last approximately 5-7 minutes. Guests attending the reception will remain on private
property during the fireworks display and only the pyrotechnician and associated staff of FiredUp
will be within Tecumseh Park.
The residents will be required to circulate a letter to the surrounding neighbourhood who will be
affected by the fireworks display outlining all of the applicable information including the date,
location, time, duration of the fireworks and a brief explanation of what is happening which will
provide residents with information as to what is happening, but will also allow ample opportunity
for residents to make alternative arrangements if they do not want to be impacted by the
noise/fireworks.
Page 34 of 64
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS: None
COMMUNITY ENGAGEMENT:
The event organizer is responsible for ensuring that this event is communicated throughout the
community in advance of the event.
APPROVED BY: Michael May, DCAO
Page 35 of 64
Staff Report
Corporate Services Department www. kitchen er.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: March 17, 2025
SUBMITTED BY: A. Fusco, Director of Legislated Services/City Clerk, 519-741-
2200
PREPARED BY: A. Fusco, Director of Legislated Services/City Clerk, 519-741-
2200
WARD(S) INVOLVED: All
DATE OF REPORT: February 24, 2025
REPORT NO.: COR -2025-001
SUBJECT: 2026 Municipal and School Board Election Alternative Voting
Methods
RECOMMENDATION:
That Council reaffirms the use of vote tabulators for the 2026 Municipal Election, as
outlined in Corporate Services Department report COR -2025-001; and,
That Council hereby authorizes the alternative voting methods as outlined in this
report and directs the Clerk to bring forward the necessary by-law; and further,
That the election reserve contribution be increased as outlined in Corporate Services
Department report COR -2025-001.
REPORT HIGHLIGHTS:
• By-law 2006-135 is in place authorizing the use of paper ballots/tabulators for all
Kitchener municipal and school board elections.
• The next general election will be held on Monday, October 26, 2026.
• The purpose of this report is to seek Council direction on any alternative voting methods
for the 2026 municipal and school board election in addition to paper ballots/tabulators.
• Advance planning is essential for ensuring an inclusive, transparent, and well -organized
election, as well as maintaining public confidence in the election process.
• Ensuring an accessible election is crucial to enabling participation for people of all
abilities.
• This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 36 of 64
EXECUTIVE SUMMARY:
• Technology has transformed how people engage with city services including
involvement in municipal elections.
• Voter demographics and attitudes are evolving, and today's diverse electorate
expects products and services tailored to them that are convenient and accessible.
• With technological advancements, security concerns continue to remain a top priority
to protect the integrity of the election process and trust in government.
• Through post-election community engagement, over 90% of voters indicated
satisfaction with their overall voting experience.
• In consultation with the Grand River Accessibility Advisory Committee (GRAAC) in
February 2024 they expressed no support for one method over another, rather
indicating it's the number of methods (hybrid approach) that is the most accessible.
• While offering convenience, a hybrid approach presents risks associated with
multiple different voting procedures, resourcing implications and training materials.
• Staff recommend offering the current Council -approved voting methods, vote
tabulators be supplemented with alternative voting methods that include a home vote
program upon request and drive through voting, for the 2026 Kitchener municipal
council and school board election.
• The proposed home vote and drive thru voting options, to meet electors where they
are, were well received by GRAAC in February 2025.
BACKGROUND:
The Municipal Elections Act, 1996 (MEA) governs the administration of local elections in
Ontario. The Clerk holds independent legislative authority to administer all municipal and
school board elections as the Returning Officer. These elections are planned and conducted
in line with policies and procedures that reflect and uphold the principles of the Municipal
Elections Act, 1996 (MEA), generally recognized as follows:
• The secrecy and confidentiality of the voting process is paramount;
• The election shall be fair and non -biased;
• The election shall be accessible to the voters;
• The integrity of the voting process shall be maintained throughout the election;
• There is to be certainty that the results of the election reflect the votes cast; and
• Voters and candidates shall be treated fairly and consistently.
In keeping with the election principles, accessibility is vital to ensuring participation for
individuals of all abilities, supporting the city's commitment to inclusive elections. Section 12
of the Act requires the Clerk to ensure an accessible election and remove barriers for voters
and candidates with disabilities. Staff continually work to review and improve accessible
options for electors, candidates, and election staff including continuously monitor legislation
updates, and municipal trends and practices.
While periodic amendments have occurred, municipal election legislation is dated, and is
written such that the voting process involves a paper ballot and that those ballots be hand
or manually counted. Section 42 (1) of Act does provide that a municipality may pass by-
laws authorizing the use of alternative voting methods, including the use of vote counting
equipment, vote by mail, and telephone and internet/online voting. Many municipalities have
generally abandoned manual counting due to the time and effort involved in counting votes
on a composite ballot (all races the elector may vote for on one ballot) after the close of polls
on Voting Day. In 2022, the City had 50 ballot faces given its 10 wards and the 5 types of
Page 37 of 64
ballots required per ward (owing to the 4 school boards and option to have no school support
for non-residents).
2022 Election Method Approval
In November 2021 Council considered two reports regarding alternative voting methods to
recommend internet voting for advance polls (through report COR -2021-26 including 2021
engagement survey results) and supplementary information regarding mail -in ballots
(through report COR -2021-33) in advance of the 2022 election. After considering such
information, Council opted to continue with a paper ballot/tabulator election.
For the 2022 election, electors had the opportunity to vote -anywhere during Advance Voting
due to the City deploying a Voters' List system that allowed for real time updates. Vote
Anywhere in your ward was piloted in 2022 which allowed the city to slightly reduce voting
locations and was found to spread the voters out amongst locations in their ward, reducing
wait times while still maintaining customer service in providing options.
Also in 2022, the City offered "curbside voting" to support voters who were unable to go
inside the voting place, to request to have a ballot brought to their vehicle, outside of the
building, or to another area within the voting place boundaries for marking. This option was
implemented to help those who are unable to enter the voting place due to barriers of
unreasonable difficulty, injury, disability or health and safety. Feedback was received that
electors were not aware of the curbside voting option in 2022 and greater communication of
this method is planned for 2026 for deployment.
Proxy voting is also available in accordance with the Act and established procedures. For
the 2022 election, respecting the pandemic restrictions and health and safety
considerations, city staff offered to attend upon the elector and proxy to certify the proxy
form at their residence, upon request, receiving a total of 10 requests. Electors who are
unable to vote in person on voting day or during the advance vote, may appoint a proxy (an
eligible voter) to vote on their behalf. The Proxy then attends a voting location with the
certified Proxy form, to receive a ballot on the elector's behalf. Because the marked ballots
are counted using vote count tabulators in the voting place (By-law 2006-135), curbside and
proxy voting does not require the passing of an alternative voting method by-law. Additional
information on the administration of the 2022 Municipal Election including the post-election
voter survey results can be found in Staff Report COR -2023-091,.
REPORT:
The 2026 Municipal Election will take place on Monday, October 26, 2026. Since the 2022
election, there has been some positive progress in legislative amendment including areas
the voters' list data quality with the change to use the Elections Ontario list. This will give a
more accurate list based off drivers' license and health card information rather than home
ownership information used by the Municipal Property Assessment Corporation (MPAC).
The List will also be updated with the Provincial election ahead of a municipal and school
board election.
By-law 2005-135 is already in place for the use of paper ballots/tabulators in all Kitchener
municipal elections. Staff fully comply with legislated accessibility requirements while
enhancing the voting experience for all, including:
Page 38 of 64
• Ensuring physical voting locations are accessible, with features inside and outside
the location that accommodate voters with disabilities, including magnifying
sheets.
• Accessible voting equipment that plugs into the tabulator at in-person voting
locations. This includes the audio -tactile interface (ATI) with sip and puff and
paddle attachments, which allow individuals with various disabilities to
independently mark a ballot in person.
• Providing on-site voting at long-term care homes and designated retirement
homes to ensure equal access for residents.
• Providing voting locations at Ray of Hope, St. John's Kitchen and A Better Tent
City to afford vulnerable populations opportunities to vote.
• Implementing proxy voting.
• Facilitating curb -side voting.
• Training on accessible customer service.
• Access to interpreters and language services.
• Committing to continuous improvement through planning and reporting.
It is important at this point for Council to provide direction on the potential utilization of
alternative voting methods and vote counting equipment. Council may choose to;
• only offer paper ballots/tabulators;
• select another single method to replace paper ballots/tabulators; or
• pass a By-law in addition to By-law 2006-135 to permit a hybrid voting option.
Should Council wish to proceed with the use of alternative voting methods, beyond vote
count tabulators, a by-law must be passed by May 1, 2026. Upon passage of such a by-law
by Council, the Clerk is required to establish procedures and forms for the use of any such
alternative voting options, therefore the earlier the decision is made, the earlier planning can
commence should Council decide to move forward with a new method.
Other election methods were evaluated and a summary of reasons why each method is or
is not recommended by staff is provided below. The summary was informed by using the
city's risk policy to assess each method, including strengths, weaknesses, opportunities and
threats. The risk assessment is contained in Appendix A.
1.1 Paper Ballots and Vote Count Tabulators
For the past 5 general municipal elections, the City has used optical scan vote tabulators
with paper ballots (By-law 2006-135) at prescribed polling places (i.e. voting locations/place)
on prescribed Advance Voting days and on Voting Day.
While some municipalities have purchased tabulators outright, the City has chosen to lease
tabulators which has eliminated the need to securely store, maintain, and periodically
replace the devices. In 2018 and 2022 the City leveraged the Municipal Voting Technology
Sharing Program run by Elections Ontario to lease vote tabulators owned by Elections
Ontario. Elections Ontario undertook a rigorous process to procure the tabulators and
assess the functional (e.g. accessibility, system security, etc.) and non-functional (e.g.
privacy, proponent history, training, etc.) requirements of the tabulator system. It has been
a prudent and cost saving measure to leverage Election Ontario's expertise and ability as a
large elections administrator to secure tabulators for the City's recent elections. Due to the
complexity of municipal and school board election ballots with multiple contests and
Page 39 of 64
selection requirements, vote tabulators reduce human error in tabulating. The City works
directly with the tabulator vendor to ensure that the tabulators are programmed to accept
composite ballots and identify votes based on marks the elector makes that meet a certain
threshold. The threshold is extensively reviewed and deemed appropriate through logic and
accuracy testing conducted by the Returning Officer prior to the election.
During Advance Voting and on Voting Day, electors at the polling location will provide their
marked ballot to a Tabulator Assistant who will insert the ballot into the vote tabulator. The
tabulator has functionality to determine if the ballot is marked so it can be tabulated.
Compared to a manual count, this added functionality ensures every opportunity for the
elector's vote to be counted. Vote tabulators support accessibility and barrier reduction.
Accessible voting equipment is connected to a vote tabulator at a voting location to enable
independent ballot marking and printing on request.
As vote tabulators and accessible voting equipment are not connected to the internet and
are securely stored, and rigorously tested prior to use during the election, the security risks
associated with the equipment is generally low. While the software responsible for the
aggregation or publishing of results generated by vote tabulators could be subject to cyber
threats, despite the safeguards in place to prevent such instances, retention of the original
tally results tapes and paper ballots always provides a guarantee that results could be
verified should an issue arise.
The Clerk is confident in the ability to administer future elections using vote tabulators and
this method upholds all principles of the Act. It is recommended that Council approve the
use of vote tabulators for the 2026 municipal and school board election.
1.2Vote-By-Mail
For rural municipalities, especially those with many seasonal residents, vote -by -mail is a
popular election method to address accessibility, particularly prior to the use of internet
voting. Vote -by -mail methods can occur exclusively as the only option or upon request as a
special ballot. If a municipality is exclusively using vote -by -mail, every elector on the Voters'
List would be mailed a voting kit with a return envelope, declaration form, ballot, and ballot
secrecy envelope. The elector signs the declaration form and then completes their ballot,
inserting the ballot into the secrecy envelope provided to ensure that a name cannot be
associated with a vote. Upon the municipality receiving the return envelope, the declaration
form is processed, the elector is struck from the Voters' List, and the ballot inside the ballot
secrecy envelope placed in a ballot box for counting after the close of vote on Election Day.
Counting votes can either be done manually or by centralized vote tabulators.
Vote -by -mail is an established remote voting method used at all levels of government, so it
is familiar method for many electors, and it can be debated that it enhances access to voting
by removing barrier of coming to an in-person poll and upholds the principles in the Act.
There are drawbacks to this method that should be highlighted, including the limited time
frame that it can be offered due to nomination and ballot printing timelines, concerns with
Canada Post delivery, prolonged time to receive and return kits by mail, high and increasing
postage costs related to the mailing and returning of ballots. In addition, errors by voters can
easily occur (i.e. neglecting to sign their voter declaration form or return both the voter
declaration and the ballot in the same envelope) affecting the ability to ensure that all votes
Page 40 of 64
are cast as intended. It does not offer a fully independent voting experience as some voters
with disabilities may require assistance marking their ballot and voters with physical
disabilities that limit mobility may require assistance to drop off a marked ballot in the
mailbox for return.
This method is heavily dependent on matters outside of the city's control including potential
errors made by Canada Post in getting the ballots to the residents and the potential risk of
a Canada Post strike as was the case in the 2018 Municipal Election as well as marked
ballots that may be received after the deadline to be counted.
This alternative method is not being recommended as the cost to administer the program
and threats, while the risks are considered low, present by relying on other agencies make
the method unsustainable.
1.3Telephone and Internet/Online Voting
Telephone voting allows a voter to call into a digital platform using their unique identifier and
personal information number (PIN) to make selections using an automated voice system.
The ballot would be recorded and cast through the use of a digital platform similar to internet
voting, though it is far less common and not used by many municipalities. Internet voting
can be offered so that the elector completes the online ballot remotely using devices,
including laptops, mobile phones, and tablets or at a centralized voting location terminal.
While internet voting through a terminal in a voting location is a possibility, this option has
had low uptake as it eliminates the convenience of voting remotely. Remote internet voting,
being where electors do not need to travel to a polling location to cast their ballot online, can
be offered as either a one-step or two-step process.
• In a one-step process, electors receive a voter information package with Elector
ID and PIN numbers. Electors visit a webpage and use their ID and PIN, along
with their year of birth to access and cast their ballot.
• A two-step registration process requires voters to pre -register to obtain the
necessary credentials in order to access their ballot. There are various forms of a
two-step registration; however, the process typically involves mailing out
information packages to electors that include an elector identification number,
information about the voting process, and a secure website address where the
elector must go to register. Once the voter has registered, they are then sent a
personal identification number (PIN) by way of a secure email. Upon receipt of
the PIN, the voter can access the voting site and using both the information in the
information package and the PIN number, access their ballot. Once the elector is
ready to vote and has entered any required authentication, the appropriate ballot
with the applicable races would be presented to the voter based on their voters'
profile, which is their specific ward and school support.
This method supports independent ballot marking with the ability to customize and use
personal assistive technology and is convenient available online enabling 24/7 access to
voting so voters can cast a ballot from home, while on vacation, away on business or
studying at university or college outside of the city. Ballot waste is negated if offering a strictly
online election, as well as the potential for an elector to incorrectly mark a ballot, as a virtual
ballot has defined fields to mark the ballot, ensuring electors cannot place an incorrect mark
on the ballot or unintentionally overvote a ballot. While some municipalities did initially see
a slight increase in turnout the first time, they offered internet or telephone voting, the trends
Page 41 of 64
suggest that this may be a novelty bump. Studies conducted by Nicole Goodman and
Zachary Spicer, referenced in their publication Voting Online, have shown that voter turnout
and trust in voting online occurs with each consecutive election the method is used.
Staff acknowledge that this is an accessible option and is the alternative voting method
preferred based on public engagement feedback from 2021. Unlike other countries or
jurisdictions, the use of digital technology in Ontario municipal elections remains largely
unregulated. There is no comprehensive legal framework governing its implementation,
oversight, or verification processes. All responsibility for managing, securing, and verifying
digital voting systems falls solely on election administrators and the private vendors
providing the technology. This creates significant challenges, as the existing legislation is
not up to date with the complexities of modern digital election systems, leaving gaps in areas
such as cybersecurity, transparency, and auditability. Without clear regulatory guidance,
municipalities must rely on their own discretion and vendor assurances, which can lead to
inconsistencies and potential risks to the integrity of the electoral process.
The Digital Governance Standards Institute is in the final stages of establishing and
approving voluntary online electoral voting standards for use in Canadian municipal
elections. These standards specify technical design requirements for online voting services
and outline best practices for election administrators. The goal is to address concerns
around the consistency of online voting implementation, the integrity of the vote, ballot
privacy, and system auditability. While the development of these standards is a positive step
in the right direction, and can address issues around uniformity and accountability, it's
important to remember that they remain voluntary, and there is still no legal framework for
the verification of online voting systems. Final approval of the standards is expected this
year.
Despite the above, this alternative voting method is not recommended for 2026 for several
reasons.
While no voting method is without risk, online voting presents a unique set of risks and
challenges.
It is important to acknowledge that all internet voting platforms may be subject to cyber
security threats. While there are no proven instances of an internet voting system being
hacked or tampered with, municipalities are increasingly targets for malicious actors looking
to hold information for ransom. Recent incidences include the Toronto Public Library, the
City of Hamilton and the City of Huntsville. Hacking of a voting system would have broader
societal consequences including the erosion of trust in government institutions to administer
fair and secure elections. Many municipalities that offer this method contract and conduct
technical security testing including penetration testing and threat risk assessments. The cost
of testing is estimated to range from $20,000 to $40,000.
Online voting platforms also operate outside of the city's network and rely on subcontracted
services and systems outside of the City's control. As such there is a higher risk of service
interruptions that could impact public trust in the electoral process and the integrity of the
election. During the last two (2) election cycles, issues related to technical dependencies
have impacted municipalities offering internet voting on Voting Day. In 2018, a vendor
experienced bandwidth throttling by a sub -contracted service provider and in 2022 a vendor
Page 42 of 64
experienced a server failure that paused voting for a period of time. These issues are not
security related but highlight the increasing number of dependencies that technical options
rely upon. Despite security testing, these issues can and do impact election service levels
and can result in greater questions about the integrity of the election process overall.
Additionally, there is limited verifiability with digital count, audit and recount using the same
system. There is no external way to verify whether results reflect the proper majority of votes
cast, votes are counted accurately and only valid votes are counted and upheld. Should
trust in the system be called into question, there would be no paper ballot to verify results
and there could not be a recount in any other way, if ordered by the Courts. This challenges
principles of the Act and an inability to verify using any other means could raise larger
questions about election trustworthiness and the validity of the outcome. There are also
fewer Ontario -trusted internet voting vendors in the market, as it has been reported the
largest vendor in the municipal election space will no longer be offering internet or telephone
voting services.
Lastly, there is a variance in public technology literacy and access and while anecdotally it
is believed it will encourage younger voters to participate in the process, studies have not
supported this. This method heavily relies on voters' list data accuracy to ensure eligible
electors receive the correct voting information and ballot and prevent unauthorized access
to the system. This typically requires individualized voter notification cards as part of secure
login, not only increasing printing and postage costs, but enhanced reliance on Canada Post
in delivery of these cards.
2. Analysis
There are long-term considerations that should be understood when determining whether
to add additional voting methods. In particular, those related to the risk policies of the
municipality, rising costs of election equipment and services (particularly given the limited
and trusted vendors in the Ontario marketplace), cost to employ temporary election workers,
and increasing difficulty recruiting and retaining election workers through Voting Day.
The way voters cast their ballots is increasingly shifting toward technology-based and hybrid
methods. Following the 2022 Municipal Election, the Association of Municipalities Ontario
(AMO) conducted a survey on voting methods across the province reporting that over 200
municipalities utilized some form of online voting during the 2022 Municipal Election. In
2022, 66 municipalities chose to offer internet voting as a supplementary method to in-
person voting for the 2022 municipal elections. Doing so offers electors the choice to vote
in-person with a paper ballot or cast their ballot online, either remotely or at a polling location
depending on what option the municipality selects.
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Page 43 of 64
The desire to offer more choices is supported by the Grand River Accessibility Advisory
Committee (GRAAC). On February 22, 2024, city staff engaged with GRAAC to discuss
initiatives and considerations for future elections including:
• post-election accessibility initiatives regarding consultation, communication,
candidate information, outreach and education,
• voting methods and assistive technology,
• voting location enhance options for voters with mobility challenges, and
• barriers to the voting process.
During the discussion GRAAC members expressed no support for one method over another,
rather members indicated it's the number of methods (hybrid approach) that is the most
accessible.
While more choice for electors is generally a positive, the downside of offering both paper
ballot and internet voting is the additional resources and costs incurred to run two election
methods. As noted in the financial considerations section of this report, substantial additional
costs associated with vendor, security verification and resource requirements can result
from offering both paper ballot and internet voting. Implementing mail -in ballots would
require a large increase in resources, and presents challenges with postal strike abilities,
higher potential for spoiled ballots, voter confusion with multiple steps/forms in the process,
security and fraud prevalent with return envelopes and/or locations. While the case for
internet voting as a convenient voting method that improves accessibility is strong, there are
too many uncertainties and risks associated with the voting method for staff to recommend
its use for Kitchener's 2026 Municipal Election.
The following chart provides a detailed comparison of voting methods used by municipalities
with over 50,000 eligible electors in the 2022 municipal election, highlighting trends and
differences. Despite the growth in digital voting, trends suggest that the adoption of online
voting among larger municipalities is still somewhat limited.
Many of Ontario's largest municipalities opted not to offer online voting in 2022, citing
security and accessibility concerns. For example, the City of Toronto refrained from adopting
online voting due to concerns about ensuring security and accessible voting options for all
Page 44 of 64
residents. Similarly, the City of Greater Sudbury, which offered only online voting in 2018,
brought back paper ballots in 2022 after experiencing vendor -related bandwidth issues that
disrupted voting in the 2018 election. The City of Guelph offered online voting in 2014 and
2018, but City Council did not approve it for 2022 due to vendor -related bandwidth issues in
2018. For the 2026 election, staff recommended mail -in and vote -from -home methods;
however, Guelph Council approved internet voting as an alternative method, contingent on
all security requirements and testing meeting the City Clerk's satisfaction.
Summary
Given the analysis above, and, the popularity and familiarity of the vote -anywhere and vote -
anywhere in your ward options, the reliability of the optical scan vote tabulators for the past
5 municipal elections, and the high satisfaction rate (90%) from the 2022 voter exit survey,
staff recommend that Kitchener use the same election method for the 2026 Municipal
Election. Respecting the earlier comments regarding hybrid method risks, staff are
recommending enhancements that continue to leverage existing vote count tabulators and
increase accessibility, including, but not limited to the following pilot programs;
- a home vote program for home -bound electors, upon request; and,
- a drive-through voting experience.
Home Vote Program Upon Request
A home vote program was successfully implemented in 2022 in Cambridge, Brampton,
Vaughan, Markham, Guelph, and for the 2022 and 2018 election by Oakville, to support
eligible voters who are unable to come to an in-person voting location for mobility or health
reasons. The City of Kitchener in the 2022 election offered an at home Proxy voting program
run by Clerk staff. Citizens who utilized this option in 2022 provided very positive feedback
and gratitude about their ability to exercise their democratic right in a manner that met their
unique accessibility needs.
A home vote program is different than a Proxy voting program, it would allow eligible voters
who are unable to vote using other methods due to illness, injury or disability, to mark their
ballot from their residence, which is brought to them by election officials (registration and
appointment is required) and then tabulated through a vote count tabulator. Voters who meet
the criteria for this service would be able to request a home voting appointment by contacting
the Election Office. While dependent on the number of voters utilizing the program the cost
of implementing a home visit/vote program for home -bound electors is relatively low. The
cost depends on the number of voters who use this alternative voting method and the
number of days it is offered. The outcome of the pilot program would be reported as part of
the post-election report to Council.
In February 2025 staff presented to GRAAC members on the potential pilots being
considered and received positive support on the home vote pilot program including feedback
on appointment times, masking protocols, and health and safety considerations.
Given the dated election legislation, it is not clear whether a vote from home service is
considered an alternative voting method that requires Council approval. In the interest of
clarity, staff feel it is beneficial to have a by-law which specifically enables vote from home
approved by Council. Should Council support this option, a by-law will be brought forward
to Council to give effect to this method.
Page 45 of 64
This alternative method is recommended as it is considered low risk, meets all principles of
the Act including enhanced accessibility, and can be easily offered with existing resources
and procedures in place.
Drive Thru Voting
Drive Thru voting was piloted in 2022 in Cambridge and Windsor, where eligible voters
attend a designated drive thru voting location listed on the voter cards. The voters remain in
their vehicles until prompted to drive up to the registration desk. The registration desk
election officials check the ID of all voters in the vehicle from the Voters' List. The driver then
parks at a designated spot and all voters receive a ballot inside a secrecy sleeve and vote
within the privacy of the vehicle. Voters then place their ballot in the ballot box presented to
them at their window.
In February 2025 staff presented to GRAAC members on the potential pilots being
considered and received positive support on the drive thru voting option including feedback
on potential locations where high volumes of electors may already be located (i.e. retail and
commercial locations) serving multiple electors per vehicle, ability to use specialized
accessibility equipment/supports, and limiting exposure to individuals that may have health
considerations. It was noted the drive thru options offers choice to electors between a home
visit and entering what could be a busy polling location.
In keeping with the principles of the Act, the following considerations would be
recommended as part of the pilot:
• This alternative method would be implemented during the advance voting period.
• Voters would be welcome to walk, bike, take transit or any other form of transportation
to the drive thru location.
• Curbside voting at voting locations would still be permitted, but due to the potential
for longer wait times while MDRO's assist in-person voters, a drive thru option would
increase convenience and reduce wait times.
• Designated spots would include signage to shut off vehicles to comply with the city's
anti -idling by-law.
This alternative method is recommended as it is considered low risk, meets all principles of
the Act, and can be offered with minimal additional resources relating to supplies, logistics
and communications.
Additionally, as a cost savings measure and in support of the recommendation, following
each successful election event, city staff are able to strategically staff and arrange voting
locations, disperse inventory, and build on past accomplishments through the delivery of the
same voting method. Data and feedback from voter exit survey from the 2022 election in
addition to voter turnout data per location will help further refine the placement and staffing
of voting locations in 2026.
Staff commitment to accessibility and removing barriers will continue as staff prepare for
2026 by developing new initiatives and enhancing existing ones. These efforts include
extending advance voting periods to reduce crowds and wait times and giving voters more
opportunities to cast their ballots. Staff will also implement communication, and outreach
plans to ease concerns and uncertainties around voting, focusing on engaging and informing
individuals.
Page 46 of 64
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Municipal Elections are funded through contributions from the operating budget to the
election reserve. Historically the city has budgeted $500,000 to administer the election with
annual reserve contributions of $125,000 over a four-year period between each election. In
the year of an election, the funds are drawn from the reserve in order to pay for election -
related costs.
Significant growth of eligible electors occurred between the 2018 and 2022 elections. This
number is expected to continue to increase.
It is anticipated that the 2026 Municipal Election using paper ballots aggregated by vote
tabulators along with an alternative upon request home vote and drive-thru program will cost
approximately $800,000 due to expected increases in election equipment and services costs
given discounted rates experienced in the 2018-2022 election vendor contract, increased
external election worker costs given rising minimum wage rates, enhanced voter
communications, and population growth impacts on voter notification cards and postage.
It is recommended that Council increase the annual election contribution reserve from
$125,000 to $200,000 to address the costs to administer the election using paper ballots
and vote count tabulations. Staff have conducted a municipal scan and other municipalities
with similar elector counts including the Town of Oakville, City of Windsor and City of
Vaughan budgets exceed $1 M.
Any deficits arising from election administration that are unable to be fully covered from
funding from the election reserve, would be off -set by the Tax Stabilization Reserve.
Alternative Voting Methods
Should Council decide to offer other alternative voting method options instead of, or in
addition to the staff recommended option, financial impacts are listed below.
The term of the City's contract with its' election equipment vendor for the 2018 and 2022
election has ended, so the costs below are estimates using quotations received from
vendors in the market and are subject to inflation increases and only reflect the voting
method, not other factors such as postage or staffing requirements. An eligible elector
utilization rate of 25% (37,500 electors) was used.
Method
Estimated Costs
Paper Ballots and Tabulators
$155,000
Mail -in Ballots (25% elector
utilization rate)
$131,000
Internet Voting as a Supplementary
Method
$167,500
`Does not include additional staffing resources, supplies, advertisements or taxes.
Page 47 of 64
Should Council approve another alternative voting method option, additional resources will
be required to hire an additional contract staff to implement a new method in keeping with
best practices and additional supports required to implement the new method(s). Should
Council approve additional alternative methods without the required resourcing, the Clerk
will be required to evaluate and reduce in-person voting services, including fewer locations,
staffing and equipment, to stay within budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
ENGAGE — To obtain as much feedback from the electorate as possible, several
engagement campaigns were undertaken immediately after the 2022 election including, fifty
(50) "Just -in -time" Customer Satisfaction Surveys; 293 Election Worker Surveys after the
election, and an Engage Kitchener Voter Experience Survey with 410 responses from
electors what they felt went well and what can be improved. Prior to the 2022 Municipal
Election, the City launched an online engagement survey regarding alternative voting
methods that was open from July 9, 2021 to August 31, 2021. With online and in-person
responses the survey received 1025 responses overall and 1014 ranked the four different
voting methods in the following order from most preferred to least preferred: internet, paper,
mail -in ballots, and telephone.
CONSULT — GRAAC members were consulted with, as it relates to election accessibility
measures including voting methods in February 2024 and again February 2025 on proposed
pilot programs. Correspondence was issued and received by each of the school boards
regarding any internal discussions regarding voting methods and positions taken. During
the research phase of this work comparator municipalities were benchmarked and consulted
including Oakville, Guelph, Hamilton, Kingston, Waterloo, Mississauga, Greater Sudbury,
Cambridge, Barrie and Burlington. We also reached out to three cities that have a larger
population than Kitchener; Vaughan, Brampton and Toronto.
COLLABORATE — Collaboration on implementation and risk assessment for the alternative
methods occurred with city divisions including Technology Innovation and Services (TIS),
By-law Enforcement and Equity and Anti -Racism. External agencies including GRAAC, and
KW AccessAbility, were engaged to provide their input on the alternative methods being
recommended.
PREVIOUS REPORTS/AUTHORITIES:
COR -2023-091 2022 Election Overview
Municipal Elections Act, 1996
APPROVED BY: Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
Attachment A — Election Alternative Voting Methods Risk Assessment
Page 48 of 64
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Ki_i` �
POLICY
Policy No: GOV-COR-016
Policy Title:
CORPORATE RISK
Approval Date: April 28, 2009
MANAGEMENT
Reviewed Date: May 2022
Policy Type:
COUNCIL
Next Review Date: May 2027
Category:
Governance
Reviewed-Date-
eviewedDate:Sub-Category:
Sub-Category-
Corporate
Last Amended:
Author:
Corina Tasker, Internal Auditor
Replaces: 1- 016- Corporate Risk
Management
Dept/Div:
CAO/Strategy and Corporate
Performance
Repealed:
Replaced by:
Related Policies, Procedures and/or Guidelines:
POLICY PURPOSE:
To outline the Corporation's position with regard to risk management including
roles and responsibilities related to risk management, risk register standards and
risk tolerance level.
2. DEFINITIONS:
"Risk" - refers to the uncertainty that surrounds future events and outcomes. It is
the expression of the likelihood and impact of an event with the potential to
influence the achievement of the Corporation's objectives.
"Risk Management" - is a systematic approach to setting the best course of
action by identifying, assessing and managing risk issues.
"Enterprise Risk Management" - is a continuous, proactive and systematic
process to understand, manage and communicate risk from an organization -wide
perspective. It is about making strategic decisions that limit risk and contribute to
the achievement of the Corporation's overall objectives.
"Risk Tolerance" - is defined as level of risk the City is willing to accept in pursuit
of its objectives. This can be measured qualitatively, with categories such as major,
1 of 8
Page 50 of 64
Policy No: GOV-COR-016
Policy Title: CORPORATE RISK MANAGEMENT
3.
4.
C W -A
moderate, or minor. The level of risk acceptable is directly related to the nature
and scope of the project or work.
"Risk Register" - is a document listing all of the risks associated with a project or
activity where the impact and likelihood of the risk is assessed, resulting in a
numerical risk rating. It also includes actions and the names of individuals
assigned to manage that specific risk.
SCOPE:
POLICY CONTENT:
The City of Kitchener is committed to identifying, assessing, and mitigating risks to
ensure that corporate objectives are achieved. The following corporate risk
framework was developed to assist City staff in consistently assessing and treating
risks through the use of common language and definitions of risk.
Roles and Responsibilities:
Risk management is an integral part of management across the Corporation. It
forms part of strategic planning, business planning and project approval
procedures. In addition, the policy assists in decision-making processes that will
allocate resources to areas of highest risk. Identifying and managing risk is
everyone's responsibility and is one component of good corporate governance.
The Director or Manager undertaking the work or project will be responsible for
developing a risk register for all projects or on-going work where risks have been
identified. The Internal Auditor is available to assist in the creation of the risk
register and provide guidance in assessing the likelihood, impact and mitigation of
risks.
2of8
Page 51 of 64
POLICY APPLIES TO THE FOLLOWING:
O All Employees
❑
All Full -Time Employees
❑
All Union
❑
Management
❑
C.U.P.E. 68 Civic
❑
Non Union
❑
C.U.P.E. 68 Mechanics
❑
Temporary
❑
C.U.P.E. 791
❑
Student
❑
I.B.E.W.636
❑
Part -Time Employees
❑
K.P.F.F.A.
❑
Specified Positions only:
❑
Other:
❑
Council
❑
Local Boards & Advisory Committees
POLICY CONTENT:
The City of Kitchener is committed to identifying, assessing, and mitigating risks to
ensure that corporate objectives are achieved. The following corporate risk
framework was developed to assist City staff in consistently assessing and treating
risks through the use of common language and definitions of risk.
Roles and Responsibilities:
Risk management is an integral part of management across the Corporation. It
forms part of strategic planning, business planning and project approval
procedures. In addition, the policy assists in decision-making processes that will
allocate resources to areas of highest risk. Identifying and managing risk is
everyone's responsibility and is one component of good corporate governance.
The Director or Manager undertaking the work or project will be responsible for
developing a risk register for all projects or on-going work where risks have been
identified. The Internal Auditor is available to assist in the creation of the risk
register and provide guidance in assessing the likelihood, impact and mitigation of
risks.
2of8
Page 51 of 64
Policy No: GOV-COR-016
Policy Title- CORPORATE RISK MANAGEMENT
Risk management shall be considered in the early phases of all project approvals
in a manner appropriate to the nature and scope of the project.
The City of Kitchener has adopted a risk rating matrix that quantifies the impact
and likelihood criteria and assigns a numerical value to the resulting score. All risk
registers should use this terminology to ensure consistency in understanding
across the corporation.
The categories of risk are:
Service Deliver — Risk of not meeting customer expectations
Employee — Risk that employees, contractors or other people at the City
will be negatively impacted by a policy, program, process or project
including physical harm
Public — Risk that the policy, program or action will have a negative impact
on the citizens of Kitchener
Physical Environment — Risk that natural capital will be damaged
Reputationassociated with anything that can damage the reputation
of the City or undermine confidence in the City of Kitchener
Financial — Risk related to decisions about assets, liabilities, income and
expenses including asset management, capital and operational funding,
economic development, theft or fraud
Regulatory — Risk related to the consequences of non-compliance with
laws, regulations, policies or other rules
Scale 4:
Catastrophic
Scale 5:
Almost Certain
Scale 3:
Major
Scale 4:
Likely
Scale 2:
Moderate
Scale 3:
Somewhat likely
Scale 1
Minor
Scale 2:
Unlikely
Scale 1:
Rare
MHEMM 1 111330 1!! 1!!Illii I INI H! 1111111,111111! 1 1 11,11 Las =
When impact and likelihood are assessed, a risk rating is calculated by multiplying
the impact scale times the likelihood scale.
3 of 8
Page 52 of 64
Policy No: GOV-COR-016
Policy Title: CORPORATE RISK MANAGEMENT
The current City of - -r risk matrix assigns coloursto the resulting score
based on the City's risk tolerance as set out below.
Impact
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4.4 Risk Tolerance:
The Corporation's risk tolerance will be considered by management for resource
allocation purposes as it aligns its people, processes and structure to effectively
respond to identified risks. The Corporation's risk tolerance levels will change over
time, subject to economic, social or political conditions.
As a general guideline any identified risk rated as a ten (10) or higher and in
the red grid of the matrix must have a mitigation plan and the ongoing status
will be monitored in the risk register.
A risk rating falling within the yellow grid of the matrix will require an action
but resolution may be deferred until more urgent risks have been dealt with.
A risk rating falling within the green grid of the matrix should be noted but
no action plan is required.
5. HISTORY OF POLICY CHANGES
Administrative Updates
2016-06 - Policy 1-016 template re -formatted to new numbering system and
given number MUN-COR-816.
Formal Amendments
No amendment history to date.
4of8
Page 53 of 64
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Staff Report
J
IKgc.;i' r� R
Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: March 17, 2025
SUBMITTED BY: Amanda Fusco, Director, Legislated Services/City Clerk, 519-904-1402
PREPARED BY: Dianna Saunderson, Manager, Council and Committee Services /
Deputy Clerk, 519-904-1410
WARD(S) INVOLVED: All
DATE OF REPORT: February 24, 2025
REPORT NO.: COR -2025-111
SUBJECT: 2025 Dog Designation Appeal Committee Composition Review
RECOMMENDATION:
That staff be directed to proceed with as the preferred committee
structure/composition as outlined in Corporate Services Department report COR -2025-
111; and further,
That staff be directed to prepare the necessary council policy or by-law to implement the
preferred committee structure/composition, prior to June 2025 for Council's
consideration.
REPORT HIGHLIGHTS:
• The purpose of this report is to review the current composition of the Animal Designation
Appeal Committee and the Dog Designation Appeal Committee.
• The Animal Designation Appeal Committee and the Dog Designation Appeal Committee
convene hearings and make recommendations to Council on dog designations appeals and
restricted animal exemption requests (as outlined in Chapter 408 (Animal Regulation) and
Chapter 420 (Dog - Designation) and Chapter 421 (Dog - Responsible Ownership) of the
City of Kitchener Municipal Code).
• Dog Designation Committee and Animal Designation Appeals generally are infrequent.
• The Dog Designation Committee is responsible for hearing and deciding appeals against
decisions made by The Humane Society of Kitchener Waterloo and Stratford Perth to
designate a dog as dangerous or restricted.
• The Animal Designation Appeal Committee is responsible for rendering decisions related
amending the restricted/prohibited list of animals as outlined within the By-law.
BACKGROUND:
The City currently has five Quasi -Judicial Committees/Tribunals of which two meet regularly;
Committee of Adjustment and Property Standards, and three meet infrequently; the Licensing
Appeal Tribunal, the Animal Designation Appeal Committee and Dog Designation Appeal
Committee. All five of the Quasi -Judicial Committees render decisions based on various
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 58 of 64
legislation, specifically the Statutory Powers of Procedure Act, Planning Act, Building Code and
Municipal Act. The term "quasi-judicial tribunal" refers to a body created by law with a mandate
to settle matters in an impartial manner by applying rules of law without regard for expediency
or administrative policy. The Committee of Adjustment and Property Standards Appeal
Committee render final decisions on behalf of the City and their appeal mechanisms are to the
Ontario Land Tribunal or Superior Court. Decisions made by the Licensing Appeal Tribunal,
Animal Designation Appeal Committee and Dog Designation Appeal Committee are ratified by
Council.
Dog Designation/Animal Designation Appeal Committee
The Dog Designation/Animal Designation Appeal Committee is made up of three Councillors
(currently two appointed members and two alternate members). The Committee's responsibility
is to consider, without bias, evidence provided at the appeal hearing, and make a decision to
uphold, rescind, or alter the dog designation or conditions of the dog designation. The decision
of the Committee is forwarded to the first available Council meeting for ratification.
Typically, the Committee convenes approximately four meetings each year, and currently there
is no associated fee for pursuing an appeal. Since 2017, there have been 32 (thirty-two) dog
designation appeals and 0 (zero) animal designation appeals, on average the Tribunal meets 5
times. It is important to note that the same members who serve on the Dog Designation Appeal
Committee also serve on Council for ratification of the decision.
REPORT:
At Special Council meeting earlier this year, Council considered Council and Committee
appointments and directed staff to review the current committee composition of the Dog
Designation/Animal Designation Appeal Committee, noting previously the Committee had an
individual that was a Canadian Kennel Club member who has since resigned and since that time
there have been challenges conducting the hearings from an adjudicative or animal behaviourist
perspective.
The existing structure for the Dog Designation/Animal Designation Appeal Committee also
presents further challenges, specifically related to matters including but not limited to: hearing
scheduling, expertise in animal behaviour, expertise in by-law interpretation and establishing
enforceable decisions/conditions that are within the authority of the Committee, familiarity with
the provisions in the Statutory Powers and Procedures Act, procedural fairness and potentially
bias. In some instances, members of Council hear from constituents related to the incidents,
which could also result in concerns about impartiality.
Based on the current practice, Dog designation appeals are supposed to be scheduled for
consideration by the Committee within 45 days and are usually held on the same day as Council.
The current schedule has also become problematic as there have been a number of other priority
meetings that identified for similar scheduling, resulting in the need to find alternative dates for
the Committee to meet, often beyond the preferred guidelines of 45 days. In 2023 and 2024
there were 10 hearings scheduled and of those hearings; none of which were within the preferred
45 -day timeline, and only three of the meetings proposed on the 2024 schedule were able to be
maintained on the Monday morning of Council.
Page 59 of 64
Additionally, the Committee composition previously included one appointment reserved for an
individual who was a member of the Canadian Kennel Club, to bring experience with dog/animal
behaviour to the Committee. The appointment of the member was ad hoc in nature as the By-
law previously identified the appointment of a Canadian Kennel Club member but did not require
appointment of a specific individual. That requirement was removed from the By-law when it was
revised in 2014. Since that revision, Council members make up the entirety of the Committee.
While the Dog Designation/Animal Designation Appeal Committee meetings are public meetings
and are open to the public to attend, there is discretion taken with meeting records due to the
sensitive nature of the matters being discussed. Following the Committee meeting, the decision
of the Committee is forwarded to the next available Council meeting for ratification. Additionally,
the Committees receive a copy of the meeting minutes, as well as a public staff report, outlining
the Committee's recommendation the Committee and a summary of the hearing proceedings.
Council at their meeting, then consider the Committee's decision and can ratify or amend the
decision. By virtue of the matter being referred to the Council meeting, procedurally, there is
nothing procedurally to prevent parties to the hearing appearing as delegates to address Council
and potentially seek changes to the Committee's recommendation. For delegations, this step
can be very confusing, as the Dog Appeal hearing is conducted in an informal court like fashion,
whereas delegating at Council, delegations are subject to the procedural by-law time allocation
of 5 -minutes. Since 2017, Council has considered all decisions of the Committee and have
approved all decisions as recommended, save and except for one, that resulted in an
amendment to the deadline for spay / neutering. In hopes to sway Council to amend the
Committee's decision, delegations typically share a significant amount of personal information
during the Council meeting, which would be available in the Council meeting minutes and on the
archived livestream.
A summary of the current process for Dog Designation Appeal Committee is below:
Current Process
1.
Appeal the Dog Designation
2.
Attend Dog Designation Appeal Hearing — Committee renders a
decision
3.
Appellant may attend Council to address the Committee decision
4.
Council renders a decision
5.
Appellant may appeal a Council decision through Judicial Review
Staff are proposing three options to amend the current structure of the Dog Designation/Animal
Designation Appeal Committee:
Option 1: Implement a Hearing Officer as the Animal Designation Appeal Committee, the
Dog Designation Committee
A hearing officer could be appointed as the Animal and Dog Designation Appeal Committee for
the purpose of dealing with any dog or animal designation appeals. The Hearing Officer would
be an independent, impartial individual who is trained in the relevant legal and procedural
matters. They would hear evidence, make findings of fact, issue their own procedural rulings as
required and issue a decision. The decision of the Hearing Officer would be final and would not
come to Council for ratification. Staff propose that the already approved Hearing Officer
Page 60 of 64
contracted by By-law Enforcement for the Administrative Monetary Penalty System (AMPS)
could be utilized on an ad hoc basis, for any dog and/or animal appeal requests.
This proposed process would be similar to the City of Kitchener's By-law Enforcement's use of
the Hearing Officer through AMPS which transfers parking disputes from the courtroom to the
municipality. This has resulted in a streamlined process for both staff and the citizens and has
reduced the administrative impact on the court system. There are numerous advantages to
aligning both the animal and dog designation appeals with AMPS, these benefits include:
• Impartiality: A Hearing Officer is a neutral third -party who is not involved in the
enforcement or regulatory process. They can provide an objective perspective on the
case, ensuring fairness in the decision-making process.
• Expertise: A Hearing Officer would have experience in the adjudication process and by-
law interpretation which would add fairness and consistency to the decision-making
process.
• Red -Tape Reduction: The use of a Hearing Officer will expedite the timing and decision-
making process, while also ensuring a fair and just hearing for the Appellant.
• Timeliness: Hearing Officers are currently scheduled two times a month for current
business, including Dog Designation/Animal Designation appeals to that schedule would
help to improve the timeliness of their consideration.
• Efficiency: Utilizing a Hearing Officer would allow Council members to save valuable
time and resources that would otherwise have been allocated towards participation in the
tribunal process. Council's involvement in the decision-making process is minimized,
allowing them to focus on other constituent matters. The appeal process would also offer
an online option, facilitated by the Hearing Officer, to provide greater convenience for the
person requesting the appeal.
• Transparency: The use of a Hearing Officer can provide greater transparency in the
decision-making process, as the hearing and the decision are usually public. This can
increase confidence in the regulatory system and ensure accountability.
By utilizing a Hearing Officer, appeals can be resolved in a manner that is both fair and efficient
and is consistent with the way other city by-laws are handled under AMPS.
Option 1 — Hearing Officer - Process
1. Appeal the Dog Designation or Restricted Animal request
2. Attend Dog Designation Appeal Hearing — Hearing Officer renders
a decision
3. Appellant may appeal a Hearing Officer decision through Judicial
Review
This option is being used currently by other municipalities including but not limited to Richmond
Hill and London.
Option 2: Amend the structure of the Animal and Dog Designation Appeal Committee to
have a total of 5 members, 3 members with expertise in adjudication and/or animal/dog
behaviour expertise and 2 members of Council
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The Committee could operate in a similar fashion as it is currently operating to date, but rather
than being comprised solely of members of Council, staff could be directed to build a Terms of
Reference for the Committee, that would confirm the operational function of the Committee and
confirm the membership of the Committee and preferred expertise. The Terms of Reference
would be brought back to Council for further consideration and once approved, the hearings
could be scheduled to always ensure that there is one Council member and one animal
behaviourist in attendance at each meeting.
This option would still result in the Committee's decision being forwarded to the next available
Council meeting for ratification. For individuals that decide to delegate at Council meetings, it
typically results in sharing information beyond what was presented during the hearing that
hearing that may be sensitive in nature, in a public forum. Council since 2017 ratified all but one
decision of the Committee unchanged. Following Council's ratification of the decision, the
Appellant would have the opportunity to appeal Council's decision to Divisional Court if they
were unsatisfied.
Option 2 — Councillor & Expert Appeal Committee - Process
1.
Appeal the Dog Designation
2.
Attend Dog Designation Appeal Hearing — Committee renders a
decision
3.
Appellants may attend Council to address the Committee decision
4.
Council renders a decision
5.
Appellant may appeal a Council decision through Judicial Review
Option 3: Amend the structure of the Animal and Dog Designation Appeal Committee to
have a total of 5 members who are proposed to be all citizen members with adjudication
and/or animal/dog behaviour expertise
The Committee could operate in a similar fashion as it is currently operating to date, but rather
than being comprised members of Council, staff could be directed to build a Terms of Reference
for the Committee, that would confirm the operational function of the Committee and would
confirm the membership of the Committee and preferred expertise. The Terms of Reference
would be brought back to Council for further consideration and once approved, the hearings
could be scheduled.
This option would still result in the Committee's decision being forwarded to the next available
Council meeting for ratification. For individuals that decide to delegate at Council meetings, it
typically results in sharing information beyond what was presented during the hearing that may
be sensitive in nature, in a public forum. Council since 2017 ratified all but one decision of the
Committee unchanged. Following Council's ratification of the decision, the Appellant would have
the opportunity to appeal Council's decision to the Divisional Court if they were unsatisfied.
While staff are supportive of all three options, it would be staff's recommendation that the Dog
Designation Appeal Committee structure be replaced with a Hearing Officer, given the ability to
expedite the timing and decision-making process, while also ensuring a fair and just hearing for
the Appellant. Pending Council's decision, staff will continue to seek opportunities to improve
the administration of the Committee and report back to Council where additional approvals may
be required.
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Option 3 — Citizen Experts Appeal Committee - Process
1.
Appeal the Dog Designation
2.
Attend Dog Designation Appeal Hearing — Committee renders a
decision
3.
Appellants may attend Council to address the Committee decision
4.
Council renders a decision
5.
Appellant may appeal a Council decision through Judicial Review
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There is an operating budget of $1,000.00 for the Dog Designation/Animal Designation Appeal
Committee that is likely to cover the majority of the expenses related to the Committee. There is
no current fee to request an appeal, as the cost is mainly involved the time commitment of
various city staff, council members, and committee members. Pending Council's decision, staff
following the implementation of a potential new structure may seek to make a minor increase to
the budget in future years, or review whether a modest appeal fee should be imposed.
Previously, the budget was used to provide a honourarium to the Canadian Kennel Club member
prior to their resignation from the Committee.
Option 1: Implement a Hearing Officer as the Animal Designation Appeal Committee, the
Dog Designation Committee
The proposed recommendation is expected to have a negligible effect on the operating budget.
If a dog appeal is requested, the cost of a Hearing Officer would be $260 per half day or $520
per full day. There is currently no fee to request an appeal, as the cost is mainly involved the
time commitment of various city staff, council members, and committee members. The use of
the Hearing Officer would significantly reduce this temporal cost.
Option 2: Amend the structure of the Animal and Dog Designation Appeal Committee to
have a total of 5 members, 3 members with adjudication and/or animal/dog behaviour
expertise and 2 members of Council AND Option 3: Amend the structure of the Animal
and Dog Designation Appeal Committee to have a total of 5 members who are proposed
to be all citizen members with adjudication and/or animal/dog behaviour expertise
The proposed recommendations to amend the committee composition to include citizen
members is expected to have a negligible effect on the operating budget. The Committee
currently has its own operating budget that is allocated $1,000 to cover honourariums. To ensure
the Committee is in line with the previously approved honourariums, it is recommended that any
citizen members scheduled to attend a meeting, be paid the same rate that is paid to members
of the Property Standards Committee, $125 Chair (s) and $100 Member (s).
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
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PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services
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