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HomeMy WebLinkAboutAppointments - Board of Directors - Kitchener Power Corporation - GOV-BOA-115Page 1 of 3 POLICY GOV-BOA-115 APPOINTMENTS - BOARD OF DIRECTORS - ENOVA POWER CORPORATION Category GOV - Governance Sub-category BOA - Board & Committee Approval Type COUNCIL Department/Division Corporate Services Department / Legislated Services Division Author and Position City Clerk, Director of Legislated Services Date Approved September 30, 2002 Last Reviewed/Amended November 18, 2024 Next Review Date July 1, 2027 Related Policies or Procedures • Policy Purpose Enova Energy Corporation is an energy company owned by the City of Kitchener, the City of Waterloo, the Township of Woolwich, the Township of Wilmot, and the Township of Wellesley. Enova Power Corp. (Enova) is a regulated electricity distribution company and a wholly- owned subsidiary of Enova Energy Corporation, created by the merger of Kitchener-Wilmot Hydro and Waterloo North Hydro. In accordance with the Shareholders Agreement, independent and non-independent Directors shall serve on the Enova Energy and Enova Power Corp. Board of Directors, respectively. Definitions “Board” means the Board of Directors of the Corporation; “Corporation” means the Enova Energy Corporation “Independent” means an individual who: (i) is not an employee of the Corporation or any Subsidiary; (ii) is not an employee of any Shareholder or any Affiliate of any Shareholder; (iii) is not an elected official of any Shareholder; (iv) is not a party to, or holds a material interest in a Person that is a party to, a material contract between any Shareholder and such individual, and (v) unless otherwise agreed by a Super Majority, is not a spouse, child or parent of any of the foregoing; Page 2 of 3 “Non-Independent” means any individual who is not Independent; “Person” means an individual, firm, partnership, unincorporated association, corporation, municipal corporation, trust or other legal entity of any kind whatsoever; “Shareholder” means any Person which is a registered holder of Shares. Policy Scope Application ☐ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part- time, Casual, Probationary, Student, Management, Non-union) • Click or tap here to enter text. ☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA) • Click or tap here to enter text. ☒ Council ☐ Specified Positions: Click or tap here to enter text. ☐ Other: Local Boards and Advisory Committees Policy Content Appointments to the Board of Directors of the Enova Power Corp. and Enova Energy Corporation shall be made in accordance the Shareholder’s Agreement dated September 1, 2022. The City of Kitchener’s appointments shall be made in accordance with this policy. • The City of Kitchener shall appoint annually, two members to the Enova Power Corp. Board of Directors, one of which shall be the Mayor, and one shall be a member of City Council. • The City of Kitchener shall appoint annually, three members to the Enova Energy Corporation Board of Directors, one of which shall be the Mayor, and two shall be members of City Council. • Four independent Directors to the Enova Energy Corporation Board of Directors shall be members of the public who will be nominated by the Enova, in accordance with the Shareholder Agreement and its By-laws, for Council’s consideration during the annual appointments to Boards and Committees. Each year at least one City appointed member of the Board of Directors will be replaced, preferably the longest sitting Director. Council will endeavour, if possible, not to replace more than one Director in a year. The Mayor, by virtue of the Shareholder’s Agreement, is exempt from this clause. Results of Review ☐ No Edits Required ☐ Housekeeping Edits ☒ Substantial Edits ☐ Repeal/Replace Page 3 of 3 Policy History Administrative and Housekeeping Changes Date Nature of Change 2016-06-01 I-115 policy template re-formatted to new numbering system and given number GOV-BOA-115. Substantial Changes Date Council/CLT Directive 2024-11-18 As Per Council/CLT Directive - Report COR-2024-018