HomeMy WebLinkAboutCouncil Agenda - 2025-06-23Council Meeting Agenda
Monday, June 23, 2025, 7:00 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.*
Pages
1. COMMENCEMENT
The meeting will begin with a Land Acknowledgement given by the Mayor and
the singing of "O Canada."
2. MINUTES FOR APPROVAL
Minutes to be accepted as circulated to the Mayor and Councillors (regular
meeting held May 26, 2025, and special meetings held May 26, 2025, June 2,
2025, and June 16, 2025) - Councillor S. Davey
3. 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.
4. COMMUNICATIONS REFERRED TO FILE - NIL
5. PRESENTATIONS
5.1 Canadian Association of Municipal Administrators (CAMA) - Willis
Innovation Award - Kitchener City Hall Service Centre
Gary Kent, CAO, Peel Region, CAMA Board Member, will be in
attendance to present the award to the City, please view the following
LINK to learn more about the award.
6. 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 5:00 p.m. on June 23, 2025, in order to participate electronically.
6.1 Evictions due to Renovations, DSD -2025-248 and Addendum Report
COR -2025-294, listed as Item 7.6.c
6.1.a Kayla Andradr, Ontario Landlords Watch
6.1.b Jack Cooper
7. REPORTS OF COMMITTEES
7.1 HERITAGE KITCHENER - JUNE 3, 2025
7.1.a Notice of Intention to Designate 1865 Huron Road Under Part IV of
the Ontario Heritage Act, DSD -2025-240
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 1865 Huron Road as being of cultural
heritage value or interest, as outlined in Development Services
Department report DSD -2025-240.
7.1.b Notice of Intention to Designate, 241-247 Duke Street West / 55
Victoria Street North Under Part IV of the Ontario Heritage Act, DSD -
2025 -241
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be
directed to publish a Notice of Intention to Designate the property
municipally addressed as 241-247 Duke Street West / 55 Victoria
Street North as being of cultural heritage value or interest, as outlined
in Development Services Department report DSD -2025-241.
7.2 FINANCE AND CORPORATE SERVICES COMMITTEE - JUNE 2,
2025
Page 2 of 64
7.2.a 2025 Artist in Residence Appointment and Doon Pioneer Park
Community Centre Public Art Selection, DSD -2025-244
That Tara Cooper be appointed as the 2025 City of Kitchener Artist in
Residence as recommended by the selection committee and the Arts
& Culture Advisory Committee, as outlined in Development Services
Department report, DSD -2025-244; and,
That the commission and installation of Tara Cooper's proposed
artwork at Doon Pioneer Park Community Centre be approved,
pending consultation and technical review by Facilities Management
and Arts & Creative Industries staff; and further,
That the Mayor and Clerk be authorized to execute an agreement,
satisfactory to the City Solicitor, with Tara Cooper, outlining the
obligations of the Artist in Residence appointment and the public art
commission design, fabrication and installation.
7.2.b Short-term Rental By-law, COR -2025-041, and Addendum Report 15
COR -2025-288
That the following recommendation be referred to the June 23, 2025.
Council Meeting to allow staff the opportunity to provide additional
information regarding the indemnification requirement, by-law
definitions, staffing needs, and related public feedback:
"That the Short-term Rental By-law be approved in the form
shown in Appendix "A" as attached to Corporate Services
Department report, COR -2025-041; and,
That the fees set out in Appendix "B" of staff report COR -2025-
041 be approved; and further,
That the request for one (1) Full Time Equivalents (FTE) to
support the administration, inspection, and enforcement of the
Short -Term Rental By-law be approved."
Note: An addendum report, Corporate Services Department report
COR -2025-288 has been included on the agenda this date, related to
this matter.
7.3 FINANCE AND CORPORATE SERVICES COMMITTEE - JUNE 16,
2025
7.3.a Brownfield Remediation Program Application - 120 Victoria Street
South, DSD -2025-276
That the Brownfield Remediation Program Application for 120 Victoria
Street South, received from 114-120 Victoria Street South Inc. and
Page 3 of 64
Glovebox (2019) Inc. dated July 6, 2018, be approved; and,
That in exchange for a completed and filed Record of Site Condition
for the subject property, the owner will be provided a tax incremental
grant on the redevelopment of the property in the form of a rebate
issued on a proportionate basis, annually, on City taxes in an amount
equal to 100% of the City of Kitchener Tax Increment; and,
That the City Tax Increment be defined as the difference between the
City of Kitchener portion of real property taxes for the 2018 taxation
year and the new City of Kitchener portion of real property taxes
levied as a result of a new assessment by the Municipal Property
Assessment Corporation (MPAC) following completion of the project
as compensation for the remediation of the above subject lands; and,
That the City property tax increment grant is not to exceed
$346,552.00 based on today's estimated City tax increment; payable
over a 3 -year period; and,
That the Region of Waterloo Brownfield Coordinator be circulated a
copy of any decision made by Kitchener City Council regarding this
Application; and further,
That the Mayor and Clerk be authorized to execute an Agreement,
subject to the satisfaction of the City Solicitor, with 114-120 Victoria
Street South Inc. and Glovebox (2019) Inc., to implement the
provisions of the Brownfield Financial Incentive Program Application
for 120 Victoria Street South, as outlined in the Development Services
Department report DSD -2025-276.
7.3.b Brownfield Remediation Program Application - 108 Garment Street,
DSD -2025-275
That the Brownfield Remediation Program Application for 108
Garment St, received from 114-120 Victoria Street South Inc. dated
November, 2018, be approved; and,
That in exchange for a completed and filed Record of Site Condition
for the subject property, the owner will be provided a tax incremental
grant on the redevelopment of the property in the form of a rebate
issued on a proportionate basis, annually for a period not to exceed 2
years, on City taxes in an amount equal to 100% of the City of
Kitchener's portion of the Tax Increment; and,
That the City Tax Increment be defined as the difference between the
City of Kitchener portion of real property taxes for the 2018 taxation
year and the new City portion of real property taxes levied as a result
Page 4 of 64
of a new assessment by the Municipal Property Assessment
Corporation (MPAC) following completion of the project as
compensation for the remediation of the above subject lands; and,
That the City of Kitchener property tax grant is not to exceed
$404,778.00 based on current estimated City tax increment; payable
over a 2 -year period and,
That the Region of Waterloo Brownfield Coordinator be circulated a
copy of any decision made by Kitchener City Council regarding this
Application; and further,
That the Mayor and Clerk be authorized to execute an Agreement,
subject to the satisfaction of the City Solicitor, with 114-120 Victoria
Street South Inc., to implement the provisions of the Brownfield
Financial Incentive Program Application for 108 Garment Street, as
outlined in the Development Services Department report DSD -2025-
275.
7.3.c Corporate Policy Update - Amended and Repealed Policies, COR -
2025 -269
That the corporate policies listed in Appendix 'A' to Corporate
Services Department report COR -2025-269 be amended and
repealed; and further,
That the by-law attached as Appendix 'B' to Corporate Services
Department report COR -2025-269, to amend Chapter 620 of The City
of Kitchener Municipal Code with respect to Demolition Control, be
enacted.
7.3.d Customer Service Software Implementation Vendor, CSD -2025-254
That MuniPaaS Corporation, King City, Ontario, be the sole source
provider for licensing, implementation and support services for
Salesforce Case Management as the City's customer relationship
management platform, at their quoted price of $327,000, plus H.S.T.
of $42,510, for a total of $369,510, for a three (3) year term plus two
(2) optional one (1) year terms, provided a satisfactory contract is
executed, as outlined in Community Services Department report CSD -
2025 -254.
7.3.e Carson Drive Sanitary Pumping Station Purchase Order Increase,
DSD -2025-278
That the Purchase Order issued to Sona Constructor be increased by
$75,000.00 to account for additional construction costs related to the
rehabilitation of the Carson Drive Sanitary Pumping Station, as
outlined in Development Services Department report DSD -2025-278.
Page 5 of 64
7.3.f Asset Management Plans (AMPs) - Proposed Levels of Service, FIN -
2025 -255
That the Asset Management Plans for all City of Kitchener assets as
attached to Financial Services Department report FIN -2025-255, be
approved.
7.3.g Fee for Paper Billing, FIN -2025-274
That staff be directed to enhance the City's e -billing promotion efforts
(Option #3) through targeted marketing campaigns to further increase
the adoption of paperless billing, as outlined in Financial Services
Department report FIN -2025-274; and further,
That staff be directed to report back prior to the end of 2027 on the
progress related to targeted marketing campaigns and the continued
uptake on e -billing.
7.4 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
JUNE 2, 2025
7.4.a Administrative Monetary Penalty System - Increased Penalty fines for
Parking Violations, CSD -2024-431
That Council approve Schedule "A" under the Administrative Monetary
Penalty System (AMPS) to increase penalty fines for parking
violations as outlined in Community Services Department report CSD -
2024 -431.
7.4.b Updates to the Public Tree By-law, INS -2025-190
That Chapter 690 (Public Tree Bylaw) (By-law 87-293) of the City of
Kitchener Municipal Code be repealed and replaced with the
proposed Public Tree Bylaw, as outlined in Infrastructure Services
Staff report INS -2025-190 Attachment "A"; and,
That the Clerk be authorized to update Chapter 690 (Public Tree By-
law) of the City of Kitchener Municipal Code to reflect the proposed
changes; and,
That the Administrative Penalty By-law Fines for Public Tree Bylaw,
as noted in Attachment "B" of staff report INS -2025-190, be approved;
and further,
That staff be directed to implement the new bylaw, including
necessary education, enforcement, and monitoring measures, to
ensure compliance and the long-term health of the City's urban forest.
7.5 COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE -
JUNE 16, 2025
Page 6 of 64
7.5.a Noise Exemption - KW Oktoberfest - Various Locations, CSD -2025-
197
That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to K -W Oktoberfest Inc. for a series of
events being held at various clubs between September 26 through
October 18, 2025, as outlined in the letter from K -W Oktoberfest Inc.,
dated April 11, 2025, attached to Community Services Department
report CSD -2025-197.
7.5.b Noise Exemption - Holy Trinity Serbian Church, 700 Fischer Hallman
Road, CSD -2025-273
That an exemption to Chapter 450 (Noise) of the City of Kitchener
Municipal Code be granted to the Holy Trinity Serbian Orthodox
Church at 700 Fischer Hallman Road, for their annual BBQ and Bull
Roast to be held on August 30 and 31, 2025 between the hours of 11
a.m. and 10 p.m., as outlined in Community Services Department
report CSD -2025-273.
7.5.c Reallocation of Capital Funding for Festival of Neighbourhoods, CSD -
2025 -261
That the City's annual Capital Budget allocation of $40,000 for
Festival of Neighbourhoods, be redirected to increase the City's
support of resident -led neighbourhood initiatives through the
LoveMyHood Grant, as outlined in Community Services Department
report CSD -2025-061.
7.5.d 2025 Chapter 660 (Plumbing and Drainage) Update, INS -2025-070
That Chapter 660 of the Corporation of the City of Kitchener Municipal
Code regarding Plumbing and Drainage be repealed and replaced
with the updated By-law, attached to Infrastructure Services
Department report INS -2025-070.
7.5.e Kitchener Indoor Recreation Complex Operating Model, CSD -2025-
250
That the service -focused operating model (staffing and financials)
outlined in Community Services Department report CSD -2025-250 be
approved for the Kitchener Indoor Recreation Complex (KIRC) to
ensure the facility is able to meet the City's growing recreation needs,
attract major tournament and events and, provide a positive
experience for the facility users; and further,
That the anticipated operating impacts of the KIRC operating model
(staffing and financials) be incorporated into the 2026 and 2027
budgets.
Page 7 of 64
7.5.f Rockway Centre Redevelopment Update, CSD -2025-246
That staff be directed to proceed with Phase 3 of the Rockway
Redevelopment Strategy (as approved by City Council on April 22,
2024), and that the following deliverables for the development of the
new older adult facility be included within the Request for Proposal
(RFP) document, as outlined in Community Services Department
report CSD -2025-246:
1. 21,000 — 26,000 square feet
2. 1,200 — 1,600 square feet of outdoor space
3. Minimum of 150 onsite surface parking spaces
4. A specific area near the building entrance for drop-off and
pick-up
5. Close to LRT and/or bus routes
6. A double sport gymnasium
7. Dedicated multi-purpose space/rooms for fitness
programming
8. Dedicated multi-purpose space/rooms for creative/craft-base
programming
9. Dedicated billiards/games room
10. One large multi-purpose room for programs and events
11. One medium sized multi-purpose rooms for programs and
meetings
12. A warming kitchen
13. Large lobby space with cafe/light refreshments and lots of
comfortable and accessible seating
14. Staff workspace and welcoming service counter
15. Universal & accessible washrooms, hallways and corridors
(London Accessibility Standard)
16. A commercial kitchen; and further,
That, the RFP process consider proposals for developing the new
older adult centre on properties that are located within 1.5 kilometres
of the current Rockway Centre.
7.6 PLANNING AND STRATEGIC INITIATIVES COMMITTEE - JUNE 16,
2025
7.6.a 2025 School Safety Update to Accommodate Growth, DSD -2025-222
That the speed limit be set to 30 km/h within 150 metres of school
frontages on:
• Kinzie Avenue;
• Burgetz Avenue;
Page 8 of 64
• Rosenberg Way;
• Thomas Slee Drive; and,
That the speed limit be set to 40 km/hr on River Road, from Old
Chicopee Drive to Kinzie Avenue; and,
That No Stopping be installed on:
• The west side of River Road East from approximately 20m
north of Kinzie Avenue to approximately 150m south of Old
Chicopee Drive;
• The north side of Kinzie Avenue from River Road East to
Burgetz Avenue;
• The east and north sides of Burgetz Avenue from Kinzie
Avenue to Thaler Avenue;
• The north side of Rosenberg Way for approximately 112m,
east of the westerly parking area entrance;
• The north side of Thomas Slee Drive from approximately 40m
east of Monarch Woods Drive and approximately 35m west of
Ian Ormston Drive; and,
That No Stopping with Time Restrictions from 8:00 AM to 4:30 PM be
installed on:
• The east side of River Road East from approximately 39m
north of Kinzie Avenue to approximately, 150m south of Old
Chicopee Drive;
• The south side of Kinzie Avenue from River Road East to
Burgetz Avenue;
• The west and south sides of Burgetz Avenue from Kinzie
Avenue to Thaler Avenue;
• The south side of Rosenberg from approximately 30m east of
Forestwalk Street for approximately 208m opposite the
school's frontage;
• The north side of Rosenberg from approximately 30m east of
Forestwalk Street for approximately 35m along the school's
frontage, west of the westerly parking area entrance;
• The south side of Thomas Slee Drive from approximately
40m east of Monarch Woods Drive and approximately 35m
west of Ian Ormston Drive;
• The west side of Ian Ormston Drive approximately 108m
Page 9 of 64
along the west side, south of the proposed access;
• The east side of Ian Ormston Drive for approximately 22m
near the exit area; and,
That a School Bus Loading Zone be installed near the approximately
88m of on -street school bus loading area on the north side of
Rosenberg Way south of the school building; and,
That Crossing Guards be installed at:
• Kinzie Avenue and River Road East;
• Kinzie Avenue and Thaler Road;
• River Road East and Fairway Road North; and,
That one of the two Crossing Guards be removed from the location of
Fairway Road North and Lackner Boulevard; and further,
That the Uniform Traffic By-law be amended accordingly, as outlined
in Development Services Department report, DSD -2025-222.
7.6.b Zoning By-law Amendment Application ZBA25/001 /K/EW, 924-944
King Street West, DSD -2025-035
That Zoning By-law Amendment Application ZBA25/001/K/EW for
924-944 King Street West for 1000100206 Ontario Inc. and
1000187534 Ontario Inc. c/o Dez Capital Corporation be APPROVED
in the form shown in the `Proposed By-law', and `Map No. 1' attached
to Development Services Department report, DSD -2025-035, as
Attachments 'Al' and `A2' and further
That Council adopt the Urban Design Brief for 924-944 King Street
West attached to Development Services Department report, DSD -
2025 -035, prepared by GSP group, dated November 2024 as
Appendix `I'.
7.6.c Evictions due to Renovations, DSD -2025-248 and Addendum Report 19
COR -2025-294
That staff be directed to refer Path 2 initiatives to the Housing for All
update for consideration and implementation, as outlined in
Development Services Department report, DSD -2025-248; and,
That staff be directed to apply for relevant new Federal and Provincial
funding and support community partners to access, programs and
funding sources that support the creation and maintenance of
affordable rental housing; and further,
Page 10 of 64
That advocacy to the Province of Ontario include the proclamation
and enactment of all regulations pertaining to bad faith evictions due
to renovations in Bill 97, Helping Homebuyers, Protecting Tenants
Act, 2023; and further,
That staff be directed to report back on Path 3 at the June 23, 2025
Council meeting to provide additional information on the potential
timelines for the development of a proposed eviction as a result of
renovation by-law, and when staff report back with the proposed by-
law, the report back should include the financial impacts and staffing
implications associated to implementation.
Note: An addendum report, Development Services Department report
COR -2025-294 has been included on the agenda this date, related to
this matter.
8. UNFINISHED BUSINESS - NIL
9. NEW BUSINESS
9.1 - MAYORAL BUSINESS AND UPDATES - MAYOR B. VRBANOVIC
9.2 Notice of Motion - P. Singh - Communication and Prioritization of
Streetlight Outages
Councillor P. Singh has given notice to introduce the following motion
for consideration this date:
"WHEREAS streetlight outages greater than one faulty fixture
negatively impact community safety, visibility, and overall quality of
life for residents; and,
WHEREAS effective communication between utility providers,
municipal staff, and residents is essential to maintaining public
confidence and service standards;
THEREFORE BE IT RESOLVED THAT the Council of the City of
Kitchener hereby directs staff to initiate discussions with Enova
Power Corp. to strengthen communication protocols between
Enova and municipal staff regarding streetlight outages, including
timely updates on repair status and projected timelines;
THEREFORE BE IT FURTHER RESOLVED THAT staff request
Enova Power Corp. to implement measures to provide residents in
affected areas with timely, clear, and accessible information
outlining the reason for the outage and the anticipated timeframe
for repair; and,
Page 11 of 64
THEREFORE BE IT FINALLY RESOLVED THAT the City of
Kitchener and Enova Power Corp. work to identify appropriate
service levels to resolve streetlight outages."
10. QUESTIONS AND ANSWERS
11. STAFF REPORTS
11.1 ADMINISTRATIVE REPORTS
11.1.a Prohibited Dog Designation Appeal - Edwards, COR -2025-296
Note: Council is requested to consider the following matter arising
from the Dog Designation Appeal Tribunal meeting earlier this date.
11.1.b Prohibited Dog Designation Appeal - McArthur and Shepherd, COR -
2025 -295
11.1.c Appointments to Advisory and Quasi -Judicial Committees, COR -
2025 -238
11.1.d NSP25-120 Multiyear Non -Standard Procurement Suppliers, FIN -
2025 -298
11.2 FOR INFORMATION
11.2.a 2024 Development Charge Reserve Fund, FIN -2025-290
11.2.b 2024 Grant Summary, FIN -2025-297
11.2.c Ombudsman Report - Kitchener - Closed Meeting Investigation -
August 14, 2023 Meeting - Final Report
12. BY-LAWS
12.1 THREE READINGS
12.1.a Being a by-law to authorize the use of an alternative voting method -
home visit program for home -bound electors in City of Kitchener
municipal elections.
(By-law 2025-069)
12.1.b Being a by-law to amend By-law 2024-001 to replace Administrative
Penalties pertaining to Chapter 690 and Chapter 739 of the City of
Kitchener Municipal Code.
(By-law 2025-070)
12.1.c To further amend By-law No. 2019-113, being a by-law to regulate
traffic and parking on highways under the jurisdiction of the
Corporation of the City of Kitchener.
(By-law 2025-071)
12.1.d Being a by-law to designate the property municipally addressed as
22
26
29
35
39
50
53
Page 12 of 64
79-81 St. George Street, in the City of Kitchener as being of historic
and cultural heritage value or interest.
(By-law 2025-072)
12.1.e Being a by-law to designate the property municipally addressed as
1434 Trussler Road, in the City of Kitchener as being of historic and
cultural heritage value or interest.
(By-law 2025-073)
12.1.f To further amend By-law No. 2010-190, being a by-law to prohibit
unauthorized parking of motor vehicles on private property.
(By-law 2025-074)
12.1.g To further amend By-law No. 2008-117, being a by-law to authorize
certain on -street and off-street parking of vehicles for use by persons
with a disability, and the issuing of permits in respect thereof.
(By-law 2025-075)
12.1.h To further amend By-law No. 88-171, being a by-law to designate
private roadways as fire routes and to prohibit parking thereon.
(By-law 2025-076)
12.1.1 Being a by-law to amend Chapter 110 of The City of Kitchener
Municipal Code regarding By-law Enforcement.
(By-law 2025-077)
12.1.j To confirm all actions and proceedings of the Council for June 23,
2025.
(By-law 2025-084)
12.2 LATE STARTER BY-LAWS TO BE ADDED TO THE AGENDA,
PENDING APPROVAL OF THE REPORTS OF THE COMMITTEES
12.2.a Being a by-law to amend By-law 2019-039 to replace all
Administrative Penalties pertaining to City of Kitchener Parking by-
laws.
(By-law 2025-078)
12.2.b Being a by-law to amend By-law 2019-051, as amended, known as
the Zoning By-law for the City of Kitchener - 1000100206 Ontario Inc.
and 1000187534 Ontario Inc. — 924-944 King Street West.
(By-law 2025-079)
12.2.c Being a by-law to provide for the Licensing and Regulation of Short -
Term Rentals in the City of Kitchener.
Page 13 of 64
(By-law 2025-080)
12.2.d Being a bylaw to repeal and replace Chapter 690 of the City of
Kitchener Municipal Code as it relates to public trees.
(By-law 2025-081)
12.2.e Being a by-law to repeal and replace Chapter 660 of the City of
Kitchener Municipal Code with respect to Plumbing and Drainage.
(By-law 2025-082)
12.2.f Being a by-law to amend Chapter 620 of The City of Kitchener
Municipal Code with respect to Demolition Control.
13. ADJOURNMENT
(By-law 2025-083)
Page 14 of 64
Staff Report
J
IKgc.;i' r� R
Corporate Services Department www.kitchener.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Amanda Fusco, Director of Legislated Services, 519- 904-1402
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-904-5605
WARD(S) INVOLVED: ALL
DATE OF REPORT: June 11, 2025
REPORT NO.: COR -2025-288
SUBJECT: Supplemental Report to Short -Term Rental By-law Report COR -2025-041
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide additional information related to the insurance
requirements proposed in the Short -Term Rental By-law as requested by Council at the
June 2, 2025, Finance and Corporate Services Committee meeting
• The key finding of this report is that standard homeowner's insurance policies do not
cover short-term rentals, that failure to disclose a short-term rental operation can void a
standard homeowner's policy for failure to disclose a material change in risk, and that the
City's insurance requirements should not add costs beyond that which is already required
to secure appropriate coverage for a short-term rental operation.
• Staff continue to recommend the Short -Term Rental By-law as proposed through report
COR -2025-041 and supported by public engagement.
• This report supports Building a Connected City Together: Focuses on neighbourhoods;
housing and ensuring secure, affordable homes; getting around easily, sustainably and
safely to the places and spaces that matter.
BACKGROUND:
On June 2, 2025, the Finance and Corporate Services Committee reviewed report COR -2025-
041 (Short -Term Rental By-law), which outlined a proposed licensing framework to regulate
short-term rentals through a dedicated by-law. The proposed regulations have received broad
support from residents, stakeholders and short-term rental (STR) owners/hosts based on prior
engagement. At the meeting, staff were directed to gather additional information regarding the
proposed insurance requirements and the associated costs for STR owners/hosts to comply with
this aspect of the by-law given questions and concerns raised by delegations.
*** 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
REPORT:
Following the discussion on June 2, 2025, staff, in collaboration with the Waterloo Region
Municipalities Insurance Pool, conducted additional research into insurance requirements and
associated costs. This included consultations with various insurance brokers and the Insurance
Bureau of Canada. It became clear that:
1) A standard homeowner's insurance policy does not provide coverage for short-term
rental (STR) operations
2) Operating an STR requires specialized insurance, which typically involves higher
premiums due to the increased risk.
3) Failing to disclose STR activity to an insurer constitutes a material change in risk and can
void liability coverage in the event of a claim.
Traditional insurers typically avoid covering short-term rentals (STRs) due to the heightened risk,
meaning operators must seek coverage through the specialty insurance market.
A review of relevant case law including Tiny Township Association v Township of Tiny and Munir
v. Garg confirms that STRs are considered a business. These rulings support the need for
inspections and insurance requirements to protect the health, safety, and well-being of renters
and the surrounding community, while also ensuring consumer protection. Although staff are not
recommending the publication of STR owner information on the City's public -facing website, it
has been confirmed that the collection and publication of personal information under a licensing
by-law does not contravene the Municipal Freedom of Information and Protection of Privacy Act
(MFIPPA) as the properties are being used for business purposes.
As part of the proposed by-law, staff recommend requiring short-term rental license applicants
to provide proof of adequate insurance coverage, with the City named as an additional insured.
Applicants would also need to submit a signed indemnity in favour of the City. Through
discussions following the committee meeting it became clear there was some confusion on the
part of delegates surrounding the indemnity, as they indicated that securing a "blanket indemnity"
would add considerable cost. To be clear, this is not a blanket indemnity; it only applies when
losses arise from, or are alleged to arise from, the licensee's negligence, breach of contract, or
violation of the law. These requirements were developed in consultation with the Waterloo
Region Municipalities Insurance Pool, which advised their inclusion to help protect all parties
involved in short-term rentals—namely, property owners, renters, and the City.
Furthermore, it is commonplace for municipalities to be made "additional insureds" on business
activities. Similar provisions exist in the City's other licensing by-laws, such as the Business
Licensing By-law and the Lodging House By-law. However, STR owners and hosts have
expressed concern that the insurance requirements may lead to a significant increase in their
insurance premiums.
Page 16 of 64
We Heard
We Learned
Adding the City as an additional insured
A standard homeowner's insurance policy
increases costs for the STR owner.
does not provide coverage for short-term
rental (STR) operations. Operating an STR
requires specialized insurance, which
typically involves higher premiums due to the
increased risk. Failing to disclose STR
activity to an insurer constitutes a material
change in risk and can void liability
coverage in the event of a claim. Adding an
additional insured does not affect premiums;
rates are determined by the risks associated
with STR use. This specialized insurance is
necessary regardless of whether a
municipal licence is in place.
Indemnification leads to increased costs for
The indemnification does not increase
the STR owner.
premiums. Requiring indemnification may
expose to an insurer that adequate insurance
in not in place resulting in speciality
insurance being required, which typically
involves higher premiums. The proposed
application requirements contain a certificate
of insurance template to assist with data
collection and reduce the time required to
draft the indemnification certificate. This
template is currently used to satisfy
insurance requirements associated with
Lodging House applications.
Delegates offered to provide quotes to
Since June 2024, only a couple of STR
illustrate significant increase in insurance
owners have submitted policy information.
premiums.
While some of them do have STR coverage,
any increase does not appear to be
attributable to the addition of the City as an
additional insured/indemnity.
STRs impact the availability long term
The proposed STR By-law functions in a
housing.
similar way to Rental Replacement and
Renoviction By-laws, aiming to help preserve
the existing housing stock. Licensing allows
for data collection to help to track trends
such as the impact on long-term housing.
In conclusion, based on outreach completed since the previous meeting, the key finding is that
the City's insurance requirements should not add costs to a STR operator provided they already
have adequate insurance in place. If an operator is under -insured, their homeowner's policy
may be voided in the event of a claim, which represents a concern from a public safety and
consumer protection perspective. This is one of the reasons for the City to require proof of
insurance and to enter into a licensing program for short-term rentals.
Page 17 of 64
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.
CONSULT — Staff consulted with various insurance professionals, brokers, and Insurance
Bureau of Canada.
PREVIOUS REPORTS/AUTHORITIES:
• Short -Term Rental By-law COR -2025-041
APPROVED BY: Victoria Raab, General Manager Corporate Services
ATTACHMENTS: None.
Page 18 of 64
Staff Report
l
��
X Tikit: ER
Corporate Services Department www. kitchen er.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Amanda Fusco, Director, Legislated Services, 519-904-1402
PREPARED BY: Kristin VanDerGeld, Manager of Licensing, 519-904-5605
WARD(S) INVOLVED: ALL
DATE OF REPORT: June 18, 2025
REPORT NO.: COR -2025-294
SUBJECT: Supplemental Report to Eviction due to Renovations DSD -2025-248
RECOMMENDATION:
For Information.
REPORT HIGHLIGHTS:
• The report highlights resourcing and timing required to develop a draft Rental Renovation
Licensing By-law.
• Staff will be hiring a consultant to assist in development of a Rental Renovation Licensing
By-law and associated stakeholder engagement, with a financial implication of
approximately $150,000.
• This report supports Building a Connected City Together: Focuses on neighbourhoods;
housing and ensuring secure, affordable homes; getting around easily, sustainably and
safely to the places and spaces that matter.
BACKGROUND:
On June 16, 2025, the Planning and Strategic Initiative Committee (PSIC) considered report
DSD -2025-248 (Evictions due to Renovations) where staff provided an update on `renoviction'
by-laws in Ontario and outlined ways that the City may further support tenants experiencing
evictions. At PSIC, the Committee approved the recommendation in the report (Path 2) and
added an amendment to direct staff to report back on Path 3:
"That staff be directed to refer Path 2 initiatives to the Housing for All update for
consideration and implementation, as outlined in Development Services Department
report, DSD -2025-248; and,
That staff be directed to apply for relevant new Federal and Provincial funding and
support community partners to access, programs and funding sources that support the
creation and maintenance of affordable rental housing; and,
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 19 of 64
That advocacy to the Province of Ontario include the proclamation and enactment of all
regulations pertaining to bad faith evictions due to renovations in Bill 97, Helping
Homebuyers, Protecting Tenants Act, 2023; and further,
That staff be directed to report back on Path 3 at the June 23, 2025, Council meeting to
provide additional information on the potential timelines for the development of a
proposed eviction as a result of renovation by-law, and when staff report back with the
proposed by-law, the report back should include the financial impacts and staffing
implications associated to implementation."
REPORT:
This report provides additional information on the resourcing, financial and timeline
considerations for the development of a Rental Renovation Licensing By-law.
Resourcing for By-law Development:
Given the complexity of evictions related to renovations, limited in-house expertise in this area,
and existing work plan priorities and commitments for 2025/26 for staff in licensing and legal
services, as well as the capacity of additional corporate resources (i.e., planning, building, by-
law enforcement, engagement) to support this work, staff will be retaining a consultant to
support the development of a Rental Renovation Licensing By-law. Preliminary research is
underway to identify qualified consultants with relevant experience in consultation, engagement
and by-law development, with the goal of expediting a by-law and reporting back to Council no
later than Q1 2026.
Engaging a consultant will provide independent, specialized expertise and allow staff to
advance this initiative without compromising existing work plans. Engaging a consultant is
necessary as it enables:
• Expertise of relevant provincial legislation, including the Residential Tenancies Act and
Landlord Tenant Board processes and procedures;
• Assistance in distilling the key factors of importance in the by-law to enable success and
achieve a desired outcome;
• Facilitation of stakeholder engagement.
The consultant's work is anticipated to occur between July and December 2025 and would be
funded through existing operating accounts.
Timing of Proposed By-law and Staffing Model:
Timelines were outlined in report DSD -2025-248.
A report back no later than Q1 2026 will include a proposed Rental Renovation Licensing By-
law and will outline financial and timeline considerations for the implementation and
enforcement of the program, along with a comprehensive communications and implementation
strategy, and will identify any permanent staffing resources required to administer and enforce
the by-law effectively.
Page 20 of 64
STRATEGIC PLAN ALIGNMENT:
This report supports Building a Connected City Together: Focuses on neighbourhoods; housing
and ensuring secure, affordable homes; getting around easily, sustainably and safely to the
places and spaces that matter.
FINANCIAL IMPLICATIONS:
Existing operating budget will be used to fund consulting work.
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:
• Evictions due to Renovations Report DSD -2025-248
REVIEWED BY:
Justin Readman, General Manager, Development Services
Rosa Bustamante, Director, Planning and Housing Policy
Natalie Goss, Manager, Policy & Research
APPROVED BY:
Victoria Raab, General Manager, Corporate Services
ATTACHMENTS:
None.
Page 21 of 64
Staff Report
J
K� R
Corporate Services Department www.kitchener.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Dianna Saunderson, Manager, Council & Committee Services
PREPARED BY: Mariah Blake, Committee Coordinator, 519-741-2200 ext. 7277
WARD(S) INVOLVED: All
DATE OF REPORT: June 13, 2025
REPORT NO.: COR -2025-296
SUBJECT: Prohibited Dog Designation Appeal — N. Edwards
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee to designate "Monster" and
"Mulisha" as as referred to Council from the Dog Designation Appeal
Committee Appeal meeting held earlier this date, regarding an appeal filed by N. Edwards
for the two dogs, be ratified and confirmed, as outlined on Corporate Services Department
report COR -2025-296.
REPORT HIGHLIGHTS:
• The purpose of this report is to request that Council consider the decision of the Dog
Designation Appeal Committee at the Hearing held earlier this date.
• The Dog Designation Appeal Committee met initially on June 9, 2025 and adjourned that
hearing to the morning of June 23, 2025 to allow the appellant an opportunity to provide
additional evidence, including but not limited to: evidence, related to letters of support,
photographs, and proof of dog training enrolment that was not available on June 9, 2025.
• The Dog Designation Appeal Committee met to consider an appeal filed by N. Edwards for
the dogs, "Monster," and "Mulisha," who are currently in the custody of the Humane Society
of Kitchener Waterloo (HSKW).
• The HSKW believes that, given the severity and frequency of the incidents, it is not in the
public's best interest for the dogs to be returned to the community and recommended that
the dogs be designated as Prohibited.
• The Appellant has testified that the dogs should be returned to their care, disputing the
allegations that the dogs possess aggressive tendencies and noted that they are taking
steps toward rehabilitate the dogs including but not limited to, behavioural training.
• This report supports the delivery of core services.
BACKGROUND:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 22 of 64
On April 22, 2025, the Humane Society of Kitchener -Waterloo and Stratford Perth designated
the dogs, "Monster" and "Mulisha," owned by N. Edwards, as Prohibited Dogs. The designations
were issued following multiple incidents, including two confirmed dog bites to individuals and a
dog -bite -dog attack, which were in contravention of Chapter 420 (Dog Designations) of the City
of Kitchener Municipal Code. It was noted that the Dangerous Dog Designations for "Monster"
and "Mulisha" were also issued on April 22, 2025, due to challenges in locating the owner and a
transition of the case between Officer Sarah Canavan and Officer Sara Schweitzer, HSKW.
On April 24, 2025, Legislated Services received correspondence from N. Edwards appealing the
Prohibited Dog Designations for "Monster," and "Mulisha,"; and a Notice of Hearing was issued
to both the Respondent and the Appellant, advising that a hearing of the Dog Designation Appeal
Committee would be held on June 9, 2025, to consider the matter. During the hearing, the
Humane Society submitted evidence that the dogs pose an ongoing risk to public safety and
recommended that the Prohibited Dog Designations be affirmed, and that the dogs remain in the
custody of the Humane Society until the decision has been ratified by Council. The Appellant
disputed the allegations that the dogs possess aggressive tendencies and submitted that the
dogs should be returned to their care, citing efforts to pursue behavioural training in support of
the dogs' rehabilitation. The Committee heard evidence on June 9, 2025, and agreed to adjourn
the Dog Designation Appeal Committee meeting to June 23, 2025 at 9:30 a.m. to allow the
Appellant additional time to provide evidence.
REPORT:
The Dog Designation Appeal Committee, established by the Council of the Corporation of the
City of Kitchener pursuant to Chapter 420 (Dog Designations) of the City of Kitchener Municipal
Code and the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, convened on June 9, 2025,
and on June 23, 2025, to consider an appeal filed by N. Edwards regarding the Prohibited Dog
Designations assigned to the dogs, "Monster" and "Mulisha," currently in the custody of the
Humane Society of Kitchener Waterloo (HSKW).
The Committee considered the following based on the evidence provided at the June 9, 2025
sitting:
• testimony and evidence presented on behalf of the Respondent by Officer S. Schweitzer,
HSKW, including multiple witness statements, video surveillance, photographs, electronic
case notes, and Public Health documentation relating to confirmed incidents involving
both dogs, including two separate dog bite incidents to individuals and a dog -on -dog
attack;
testimony from the Appellant, N. Edwards, disputing the allegations and asserting that the
dogs do not possess aggressive tendencies, as well as a petition provided by the
appellant and signed by local community members in support of rescinding the prohibited
dog designation.
The Dog Designation Appeal Committee convened on June 9, 2025, to consider an appeal filed
by N. Edwards regarding the Prohibited Dog Designations issued for their two dogs, "Monster"
and "Mulisha." At the request of the Appellant, the Committee granted an adjournment to allow
additional time for the submission of evidence, including letters of support, photographs, and
proof of behavioural training enrolment. The hearing is scheduled to reconvene at 9:30 a.m. on
June 23, 2025, to receive and consider the additional materials and testimony.
Page 23 of 64
During the June 9, 2025 hearing, the Respondent, represented by Officer S. Schweitzer of the
Humane Society of Kitchener Waterloo and Stratford Perth (HSKW) and legal counsel E.
Kearney, Associate City Solicitor, submitted that the dogs pose an ongoing risk to public safety
due to their involvement in multiple confirmed incidents, including two separate dog bite incidents
involving individuals and a dog -on -dog attack. HSKW maintains that the severity and frequency
of the incidents warrant the Prohibited Dog Designations and has requested that the dogs remain
in their custody. The Respondent is recommending that the Committee uphold the Prohibited
Designations in full.
The Appellant, Nikole Edwards, is seeking the return of the dogs to their care and disputes the
allegations of aggressive behaviour. N. Edwards has stated the intention to pursue behavioural
training and presented supporting materials to demonstrate the dogs temperaments.
Following completion of the hearing, once the Committee has heard all of the evidence, they will
review and consider the provisions of Chapter 420 (Dog Designations) of the City of Kitchener
Municipal Code and will render their decision verbally within the meeting related to the
designation. The decision will be provided in writing to the respondent in writing at the earliest
opportunity following the completion of the meeting.
Due to the dogs currently be in custody of the HSKW, and the nature of the designation, Council
is being requested to expedite the matter and consider the recommendation of the Dog
Designation Appeal Committee at the Council meeting later the same date as the Appeal
hearing. When this matter is considered on the agenda, a member of the Committee will be
required to share the recommendation of the Committee with Council to substitute the
designation in the motion, as outlined in the staff recommendation, confirming the Committee's
position. The Clerk will also ensure the recommendation is available for display during the
Council meeting.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
All those in attendance at the June 9, 2025 Hearing were advised of the Committee's decision
and that it would be considered at the June 23, 2024 Council meeting as required in the By-law.
In addition, a Notice of Decision was sent to the Appellant and the Respondents via email and
registered mail on June 12, 2025; thereby, further notifying both parties of when the Committee's
decision would be considered by Council and the process for registering as a delegation.
All those in attendance at the June 9, 2025 Hearing, were advised of the Committee's decision
and that the matter will be considered at the June 23, 2025 Dog Designation Appeal Committee
Hearing, and later the same date at the Council Meeting, as required in the By-law. In addition,
Page 24 of 64
a Notice of Hearing for the adjourned hearing was provided to the appellant and the respondents
via email and registered mail on June 10, 2025; thereby, notifying both parties the process for
registering as a delegation, and that the Committee may proceed in their absence to render any
decision within its jurisdiction, and that each party will not be entitled to any further notice in
these proceedings.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services
Page 25 of 64
Staff Repoit
KIT( N1:R
Corporate Services Department www. kitchen er.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Dianna Saunderson, Manager, Council & Committee Services
PREPARED BY: Mariah Blake, Committee Coordinator, 519-741-2200 ext. 7277
WARD(S) INVOLVED: All
DATE OF REPORT: June 13, 2025
REPORT NO.: COR -2025-295
SUBJECT: Prohibited Dog Designation Appeal – J. MacArthur and J. Shepherd
RECOMMENDATION:
That the decision of the Dog Designation Appeal Committee regarding an appeal filed
by J. McArthur and J. Shepherd, wherein the Committee affirmed the Prohibited Dog
Designations applied to `Rocky', `Axl', `Malone', and `Charlie' by the Humane Society
of Kitchener Waterloo and Stratford Perth, pursuant to By-law 2014-142, be ratified
and confirmed, as outlined in Corporate Services Department report COR -2025-295.
REPORT HIGHLIGHTS:
• On April 8, 2025 the Humane Society of Kitchener -Waterloo and Stratford Perth
(HSKW) designated `Rocky', `Axl', `Malone', and `Charlie' as a Prohibited Dogs.
• On April 9, 2025 owners J. McArthur and J. Shepherd appealed the prohibited dog
designation for `Rocky', `Axl', `Malone', and `Charlie'.
• Based on the evidence provided, it is the opinion of the Committee that the dogs
"Rocky," "Axl," "Malone," and "Charlie" have demonstrated aggressive tendencies and
have been involved in multiple incidents resulting in injury to members of the public.
• The Committee further noted that conditions associated with the previous Dangerous
Dog Designation were not complied with, and that there remains a significant risk the
dogs may be involved in future incidents.
• Based on the evidence received, the Committee affirmed the designation of Prohibited
Dog as applied by the Humane Society of Kitchener -Waterloo and Stratford Perth,
pursuant to By-law 2014-142, thereby designating the dogs "Rocky," "Axl," "Malone,"
and "Charlie" as Prohibited Dogs.
BACKGROUND:
On April 8, 2025, the Humane Society of Kitchener -Waterloo and Stratford Perth (HSKW)
issued a Prohibited Dog Designation for four dogs—Rocky, Axl, Malone, and Charlie—
owned by J. MacArthur and J. Shepherd. This designation was issued following an incident
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 26 of 64
on April 4, 2025, in which multiple dogs were alleged to have been involved in an attack
resulting in injury to a member of the public, which is in contravention to Chapter 420 (Dog
Designations) of the City of Kitchner Municipal Code.
On April 9, 2025, Legislated Services received correspondence from J. MacArthur and J.
Shepherd appealing the Prohibited Dog Designations for `Rocky', `Axl', `Malone', and
`Charlie'; and a Notice of Hearing was issued to the Respondent and Appellant, advising on
June 9, 2025, a hearing of the Dog Designation Appeal Committee would be held to consider
this matter. After considering the evidence presented by all parties, the Committee affirmed
the Prohibited Dog Designations as applied by the Humane Society of Kitchener -Waterloo
and Stratford Perth, designating the dogs "Rocky," "Axl," "Malone," and "Charlie" as
Prohibited Dogs. This decision was based on the dogs' demonstrated aggressive behaviour,
involvement in multiple incidents resulting in injury, and a concern that there remains a
significant risk of future occurrences.
REPORT:
The Dog Designation Appeal Committee, established by the Council of the Corporation of
the City of Kitchener pursuant to Chapter 420 (Dog Designations) of the City of Kitchener
Municipal Code and the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, convened
on June 9, 2025, to consider an appeal filed by Jason MacArthur and Janine Shepherd
regarding the Prohibited Dog Designation issued by the Humane Society of Kitchener -
Waterloo and Stratford Perth (HSKW).
The Committee considered the following:
• testimony and evidence provided on behalf of the Respondent by Officer S.
Schweitzer, Humane Society of Kitchener -Waterloo and Stratford Perth, which
demonstrated, the dogs, "Rocky," "Axl," "Malone," and "Charlie were involved in a
dog bite incident on April 4, 2025.
• testimony and evidence provided on behalf of the Respondent by Officer S.
Schweitzer, Humane Society of Kitchener -Waterloo and Stratford Perth, which
demonstrated, the dogs, "Rocky," "Axl," "Malone," and "Charlie" were involved
multiple dog bite incidents resulting in serious injury, and documenting ongoing non-
compliance with the conditions imposed under the Dangerous Dog Designation,
including failure to license, inadequate containment, and muzzle non-compliance;
• testimony and photographic/video evidence from the victim of the April 4, 2025 dog
bite incident, along with statements from previous victims and multiple witnesses
referencing repeated aggressive behaviour by the dogs;
• testimony and submissions by the Appellants, including letters of support from
surrounding neighbors, verbal indication the dog "Charlie," was the sole aggressor
and as a result was surrendered to the HSKW, and photographic evidence of fencing
improvements.
In addition, the Committee reviewed and considered the provisions of Chapter 420 of the
City of Kitchener Municipal Code, and based on the totality of evidence, the Committee
found that the dogs "Rocky," "Axl," "Malone," and "Charlie" had demonstrated a pattern of
aggressive behaviour, were involved in multiple incidents resulting in injury to members of
the public, and posed an ongoing risk to community safety.
Page 27 of 64
Accordingly, the Committee hereby recommends that Council ratify and confirm the
Prohibited Dog Designation applied to the dogs "Rocky," "Axl," "Malone," and "Charlie" by
the Humane Society of Kitchener -Waterloo and Stratford Perth, as outlined in Corporate
Services Department report COR -2025-295.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
All those in attendance at the June 9, 2025 Hearing were advised of the Committee's
decision and that it would be considered at the June 23, 2024 Council meeting as required
in the By-law. In addition, a Notice of Decision was sent to the Appellant and the
Respondents via email and registered mail on June 12, 2025; thereby, further notifying both
parties of when the Committee's decision would be considered by Council and the process
for registering as a delegation.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services
Page 28 of 64
Staff Report
J
IKgc.;i' r� R
Corporate Services Department www.kitchener.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: A. Fusco, Director of Legislated Services/City Clerk, 519-904-1402
PREPARED BY: Marilyn Mills, Committee Coordinator, 519-904-1408
WARD(S) INVOLVED: All
DATE OF REPORT: May 21, 2025
REPORT NO.: COR -2025-238
SUBJECT: Appointments to Advisory/Quasi-Judicial Committees and Local Boards
RECOMMENDATION:
That the list of candidates recommended for appointment to the vacancies for the Advisory and
Quasi -Judicial Committees, be approved as outlined in Attachment `A' of this report, and that
their appointments be approved for the balance of the Term ending November 14, 2026, as
outlined in Corporate Services Department report COR -2025-238; and further,
That Bill (William) McBay be appointed to the Centre in the Square (CITS) Board of Directors, to
hold office for a term of 3 years, or until a successor is duly elected and qualified, in accordance
with the regulations and bylaws of CITS, as outlined in Corporate Services Department report
COR -2025-238
REPORT HIGHLIGHTS:
The purpose of this report is to appoint members to advisory committees and quasi-judicial
committees that have been identified with vacancies.
• This report supports the delivery of core services.
BACKGROUND:
Appointment to advisory committees and quasi-judicial tribunals are made based on
recommendations of the Nominating Committee (the Committee). The Committee's mandate is
to assess applicants for advisory and quasi-judicial committees of Council and to present Council
with a list of recommended candidates for each committee. Local boards typically conduct their
own recruitment and facilitate their own appointment processes. Local boards require Council
approval of members recommended to be appointed to the Board.
REPORT:
The Office of the City Clerk has been advised of vacancies on the Economic Development
Advisory Committee and Equity and Anti -Racism Advisory Committee due to resignations of
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 29 of 64
previously appointed Committee members, vacancies that are impacting their abilities to achieve
quorum.
Further, on May 5 2025, Kitchener City Council approved a new Terms of Reference for the
Animal/Dog Designation Appeal Committee, which established positions on the Committees for
members of the Public with relevant experience; as well as, an amendment to the Terms of
Reference for the Property Standards Committee that permits members of the Property
Standards Committee and Animal/Dog Designation Appeal Committees to serve as ex officio
members of the opposite committee when needed to support potential scheduling issues. As
such, the previously approved appointments to the Property Standards Committee were
disbanded and members were asked to reapply acknowledging the revised structure.
Recruitment for vacancies in these advisory and quasi-judicial committees took place over a 3 -
week span from May 6, 2025, to May 26, 2025, through various means including direct email,
social media, and the City's website.
The Nominating Committee was engaged and completed the review process of all applications
received for the identified vacancies.
The Committee reviewed all applications taking into account a number of factors including:
• The Terms of Reference of committees where available;
• The Applicants' expertise and interest as outlined in their application;
• Consideration of applicants that reflect the diversity of the community as a whole as self -
identified by the applicants.
A list of applicants recommended for vacancies for the advisory and quasi-judicial committees
has been included as Attachment `A' for Council's consideration. Also attached is Attachment
`B' which is a list of applicants not that were not suggested for the Committee vacancies.
On June 18, 2025, staff received correspondence from Centre in the Square (CITS) (attached
as Appendix C) regarding CITS' Board of Directors recommendation to nominate a new
candidate for the role of Board Director, Bill (William) McBay. Council approval of the appointee
is being sought.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
None at this time. Advertising for the advisory committees is contained with the operational
budget of Legislated Services. The Nominating Committee is a volunteer committee.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee meeting.
Page 30 of 64
COLLABORATE — The Nominating Committee is comprised of individuals who provide direct
advice and recommendations regarding the composition of the City's advisory committees. The
members of the various advisory committees also provide advice and recommendations to
Council and, in this way, partner with the City in the decision-making process.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Victoria Raab, General Manager, Corporate Services Department
ATTACHMENTS:
Attachment W— Applicants recommended by Nominating Committee
Attachment 'B' — Applicants not recommended for appointment by the Nominating
Committee
Attachment 'C' — Correspondence from Centre in the Square (CITS) regarding
appointment of new member
Page 31 of 64
Appendix A to COR -2025-238
Listing of applicants recommended by Nominating Committee
Committee
First Name
Last Name
Applicant
Nominated
Total
Vacancies
Required
Total
Members
Required
Advisory Committees
Economic
Development
Advisory Committee
Tanner
Bergsma
3
3
7-12
Lucy
Luo
Pe rnan
Salehi
Equity and Anti-
Racism Advisory
Committee
Valentine
Ezeuka
3
1-5
8-12
Kwaku
Twum
Adefolami
Oternolemolu
Quasi -Judicial Committees
Dog Designation and
Animal Designation
Appeal Committees
Christopher Mallick
3
3
3
Chantelle Mazik
Ria aan Rauf
Property Standards
Committee
Sean McKelvie
4
3-5
3-5
Crus Medina
Sharlene Mohlman
Michael Pulley
Page 32 of 64
Appendix B to COR -2025-238
Listing of Applicants Not Assigned to a Committee
Committee
First Name
Last Name
Advisory Committee
Economic Development Advisory
Committee
Stephen
Wilkie
Equity and Anti -Racism Advisory
Committee
Aster
Austin
Funmila o
I'ekhuemen
Gift
Okorie
Monique
Thompson
Quasi -Judicial Committee
Dog Designation and Animal
Designation Appeal Committees
Siddharth
Savani
Page 33 of 64
Appendix C to COR -2025-238
IN THE SQUARE
RESOLUTION OF THE BOARD OF DIRECTORS
OF CENTRE IN THE SQUARE FOR DIRECTOR NOMINATION
DATE: Wednesday, June 18, 2025
WHEREAS, the Board of Directors of Centre In The Square Inc. convened a meeting on the above
date in accordance with the organization's bylaws;
WHEREAS, the Board of Directors of Centre In The Square Inc. seeks to fill a vacancy on the Board
in accordance with the bylaws of the organization;
NOW, THEREFORE, BE IT RESOLVED THAT, the Board of Directors nominates Bill (William) McBay
to assume the role of Director of the Corporation, contingent upon approval by the City of Kitchener
Council, to hold office for a term of 3 years, or until a successor is duly elected and qualified, in
accordance with the regulations and bylaws of the organization;
Moved: Jody Stecho
Second: Alex Kinsella
Approved
101 Queen Street North, Kitchener, Ontario N2H 6P7 T519 578 5660 F-519 578 8910
Page 34 of 64
Staff Report
Financial Services Department www.kitchener.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Ryan Scott, Chief Procurement Officer, 519-741-2200 ext. 7214
PREPARED BY: Brad Kowaleski, Procurement Specialist, 519-741-2200 ext. 7063
WARD(S) INVOLVED: N/A
DATE OF REPORT: June 17, 2025
REPORT NO.: FIN -2025-298
SUBJECT: NSP25-120 Multiyear Non -Standard Procurement Suppliers
RECOMMENDATION:
That the City proceed with non-standard procurement and enter into agreements with
the suppliers listed in Attachment 1 for a period of up to five (5) years, as outlined in
Financial Services Department report FIN -2025-298.
REPORT HIGHLIGHTS:
• The purpose of this report is to obtain approval to proceed with non-standard
procurement in accordance with Procurement By-law 2022-109;
• The City has arrangements with the suppliers named in Attachment 1 for many years
and continuing these partnerships will allow the City to continue standardization of
products and delivery of services both internally and externally;
• This report supports the delivery of core services.
:T-,Tld:(r]:Tell] Ll 113
The City has standardized a range of products and services over time to enhance internal
operations and public service delivery. To continue leveraging these efficiencies, staff
recommend longer-term agreements with select suppliers under non-standard procurement
provisions.
These suppliers have been identified based on the following criteria:
• Sole distribution rights in Canada;
• Exclusive availability of specialized equipment or parts;
• Standardization requirements based on previous procurements;
• Proven service compatibility and long-standing partnerships.
These arrangements provide multiple operational benefits, including improved pricing,
reduced procurement lead times, streamlined administration, and enhanced cost control.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 35 of 64
While actual expenditures will vary based on operational activity, the non-standard approach
is consistent with the City's procurement framework.
The actual spend will depend on the level of activity throughout the term of the contracts.
REPORT:
In accordance with the Procurement By-law 2022-109, Section 15 — Non -Standard
Procurement, Council's approval is required as the total value of the deliverables for this
non-standard procurement exceeds the delegated authority.
A non-standard procurement is the acquisition of goods, services or construction through a
process or method other than the process and method normally required for the type and
value of the required deliverables, as identified below:
Requirement
Procurement
Value Excluding
Taxes
Procurement
Process
Approval
Authority
Goods, Services or
$40,001 -
Non -Competitive or
Chief Procurement
Construction under the
$250,000
Limited Competition
Officer
circumstances included in
Schedule "C".
Goods, Services or
$250,001 or more
Non -Competitive or
Council
Construction under the
Limited Competition
circumstances included in
Schedule "C".
In accordance with the Procurement By-law 2022-109, Schedule "C", The City may acquire
goods, services and construction through a non-standard procurement process within
specific circumstances listed. Below are the applicable clauses within Schedule "C" and
additional information providing justification supporting their use:
2. Where only one supplier is able to meet the requirements of a
procurement in order to:
a) ensure compatibility with existing products
The City has partnered with specific suppliers over the past decade and in some instances,
theses partnerships are multiple decades old. To ensure compatibility and standardization
with existing products and services being delivered, only one supplier is able to meet specific
requirements. The City has run open competitive procurement several times, however, only
receive one response from the sole supplier whom can meet the requirements with existing
products and service levels. The costs for these products and services are funded in full by
a third party via the business model that the division is operating at the end user level.
3. Where there is an absence of competition for technical reasons and the
goods or services can only be supplied by one particular supplier and
no alternative or substitute exists.
Page 36 of 64
For Fire and Fleet specialty vehicles, there is often an original equipment manufacturer, and
an authorized distributor of parts and services or repair facility in Ontario only or Canada
wide. For that reason, an absence of competition exists and the product or services can only
be provided by one supplier and the City procures from those suppliers directly.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Funding for these goods and services are available in the approved annual operating and
capital budgets. It is anticipated that the total estimated annual value through these
agreements represent approximately $1,040,000.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
Department
ATTACHMENTS:
Attachment 1 — Listing of Non -Standard Procurement Suppliers
Page 37 of 64
�
§
a
.CL
�
U)
�
0
E
0
�
U
2
a.
�
%
�
�
■
U)
1�
0
2
0
�
�
�
-j
It
CD
0
m
co
¢
D
n
�
U)
t
e
£
U)
0
k -0
)
-5 -0
-0
/
)
_
)
)
0
o
7'
o>,S�>,m�
0-E
0-
>,m�z-o
-Em�
0-
�c�
E�
E E
o a
E
o CL
E_
0
_�
E_
o CL
E E
o CL
§
E E
E M
0
Q
0
E 0)
0
0
o
o
o
o
E®§
n�U)
U)
E®/
E®/
n�U)
E®$
E>1)
m
m
o -o=
o -a 3
0-0 3°
m
0 70 3
0-0 3
F2/2m25m*�
°
°
-a�
-a.
m*=E2
-0 -a.2
®
m7=
-o
m: _
-0 -a.2
:
_
2
�
=
a 2
§
)
E : \
E : \
E : \
)
? � \
E � k
± 4±
4
3 e�
3 m a
C m
± 4
O in a
O in
�
�
C
« ■
)
)
{
)
)
2
2 >
±
y
±
E
RRRR
CD
CDR
R
_
2
6
C
C
0
C
C
C
�
q
?
?
?
?
2
LU
69-
6c�
69-
�
69-
ta
69,
2
m
k
v
/
§
-0
_0
_0
I
tf
.
2
n06
ƒ
m §
/
/co
§
§
2
®
2
$
7
\
0
Cl)
7
U)
=
.
CL
.
C
.
0L
y
o
(D
�
o f
c
.§ .E
U)
�
CO
m
E
2
7 0
a
m
®
��
)
®
06
O
a)
7@
>
>
>
>
7E�ILT-
O.N>£
v£
v
v£
E
f 7
g/
y¥
E Q
E@
E
E cS
/ k
E E
2 k\\\
\
LU
\
m c
& 0
E E
0.2
0— E®
e
E
® e
E
®>
E c
® e
E
w
« c
a-,oUUmm®22
= o®
o-
o-
22
22
o
22
Ufl�
U
2
U
�
Lu
m
2
q
K2
LU
k
k
-
k
m
o
'
CL
q3
±y
zL
o
%
y« U
-
L
22
/±
�km
p22
O±
ƒ�
z
23U
��
�2
D
k
���
k
2
�0Lu2w
�9
w
U
m
4zw
2
�L
O±w
w�
m
�
E
m
k
//
c§a)
k
k
0- U
@
P
P
a)
m
m
m
m
U-
E E
■
.
a
co
It
o
U
¥
00
It
CD
0
m
co
¢
D
n
�
Staff Report
J
IKgc.;i' r� R
Financial Services Department www.kitchener.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Katie Fischer, Director of Financial Reporting & ERP Solutions,
519-904-9354
PREPARED BY: Christine Furtado, Investment & Treasury Analyst, 519-783-8604
WARD(S) INVOLVED: All
DATE OF REPORT: June 13, 2025
REPORT NO.: FIN -2025-290
SUBJECT: 2024 Development Charge Reserve Fund
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide a summary of development charges that have
been received and spent in 2024.
• The key finding of this report shows an ending balance in the development charge reserve
funds of -$46.9M. After factoring in funds committed within existing capital projects, the
total development charge funds held by the City as at December 31, 2024 was $53.5M,
a small decrease over the 2023 balance of $56.OM.
• This report supports the delivery of core services.
BACKGROUND:
Section 43 of the Development Charges Act, 1997 (the "Act") requires that the Treasurer submit
to Council an annual statement of the development charge reserve funds.
REPORT:
Summary of Development Charges Legislation:
The Act provides the authority and process for the imposition and collection of development charges
(DCs). DCs are generally paid as a part of the building permit process and are collected to fund capital
costs for services as allowed by provincial legislation.
A summary of the DC Reserve Fund by Category of Service is found in Table A.
As part of Bill 108, More Homes, More Choice Act, 2019, parking services and cemetery services are
no longer eligible services under the Development Charges Act. The funds collected to date are now
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 39 of 64
deemed under the Act to be a general capital reserve fund for the same purposes for which it was
originally collected. The Parking and Cemetery funds are reported in the 2024 development charges
statement for transparency.
Determination of DCs
A DC background study is required to be completed when updating a DC by-law, which was
completed with the passage of by-law 2022-071 effective July 1, 2022. The by-law is valid for a period
of up to 5 years. The Act stipulates that the DC rates may be indexed each year the by-law remains
in effect. As such, the City of Kitchener indexes the DC rates based on the non-residential construction
price index, as provided by Statistics Canada, on December 1 of each year.
Earlier in 2024, from January to June 6t", the DC rates incorporated a "phase-in discount" whereby
the City's DC rates were reduced to 85% of the calculated rate from the DC background study, in
accordance with the Act under Bill 23, More Homes Built Faster Act, 2022. On June 6, 2024, Bill 185
the Cutting Red Tape to Build More Homes Act, 2024, received royal assent which eliminated the
previously legislated "phase-in discount" that had originally been in place since 2022.
The City's DC rates in effect as of December 31, 2024 are included for information within Table D.
DC Reserve Funds
DC revenues in 2024 total $19.6M, which is a decrease from the 2023 collections of $30.5M.
DC expenses in 2024 total $63.1 M, an increase from 2023 expenses of $48.8M. Detailed lists of the
DC Expenses are included in Table B.
The City issued DC -supported debt in the amount of $27.6M in 2024, as approved through the 2024
Budget, of which $19.1 M was for the Sanitary Sewer service, $6.71VI for Roads, and $1.81VI for Water.
The DC reserve funds as at December 31, 2024 had an total balance of $46.91VI compared to -$3.3M
at the end of 2023. After factoring in funds committed within existing capital projects, the total
development charge funds held by the City as at December 31, 2024 was $53.5M, a small decrease
over the 2023 balance of $56.01VI.
The overall reserve balance is detailed by service buckets in Table A. Some services may reflect a
negative or overdrawn position while others reflect a positive balance. Development charge reserve
funds can experience an overdrawn position due to the timing of the emplacement of infrastructure
ahead of complete funding being available. This overdrawn position is recovered through future funds
to be received from developers. When the background study was completed, the reserve balances in
each service were included in the DC rate calculation, therefore over time, it is anticipated that the
deficits will be recovered, and the positive balances utilized.
Exemptions and Discounts
DC exemptions and discounts in 2024 total $19.3M compared to $19.5M in 2023. A summary of major
exemptions is included in Table F.
Page 40 of 64
Credit/Refund Agreements
The City may, by agreement, permit a developer to provide services for development of land in
lieu of payment of the DC. At December 31, 2024, credits of $10.2M were outstanding compared
to $10.7M at the end of 2023. Refer to Table C.
Deferral Agreements
The DC Act allows for the deferral of payment of DCs until occupancy for rental housing and
institutional developments. The City has 35 deferral agreements outstanding at the end of 2024,
with a total receivable balance of $13AM, compared to 35 agreements with a total receivable
balance of $15.3M at the end of 2023. Five developments opted to early pay their deferral
balances in full in 2024. Refer to Table E for more details.
By-law
The City's DC by-law, 2022-071 came into effect July 1, 2022 for a term of no longer than five
years.
For all services with the exception of Stormwater, the City expects to, at minimum, incur over
the life of the by-law (from 2022 to 2027) the same amount of capital costs that were estimated
for the same time period in the background study. For the Stormwater service, projected capital
costs have shifted to future years beyond the expiry of the City's by-law in 2027. The background
study calculating these rates had utilized a 14 -year planning horizon, from 2022 to 2036. Overall,
the capital costs projected over the entire 14 -year horizon remain relevant.
There were no services for which a development charge was collected during the year but no
money was spent.
No Additional levies
The City of Kitchener has not imposed, directly or indirectly, a charge related to a development
or a requirement to construct a service related to a development, except as permitted by the Act
or another Act.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Financial implications are discussed above and detailed in the attached appendices.
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 -2022-280 - 2022 Development Charges (DC) — Bylaw Passage
• By -Law Number 2022-071
• Development Charges Act, 1997
Page 41 of 64
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
ATTACHMENTS:
Attachment A
— Table A Summary by Service
Attachment B
— Table B Development Charge Expenses
Attachment C
— Table C Credit For Service
Attachment D
— Table D Development Charge Rates
Attachment E — Table E Deferral Agreements
Attachment F —
Table F Exemptions and Discounts
Page 42 of 64
Ln
M
lD
P
01
N
N
m
lD
lD
Vf
N
M
N
lD
O
1�
P
n
o
O1
m
an
00
lO
ID
41
M
01
M
N
lD
N
N
O
O
a
o
W
rl
N
m
N
W
M
M
N
P
N
N
m
M
O
M
N
P
V1
a
M
m
1�
N
W
D1
n
r1t.
N N
N
01
mM
O
N
N
Lnn
O
n
Ol
n
N
M
01
m
a
N
.-I
o
M
N
ti
O
OD
N
M
N
in
-
V7
VD
Vf
.-I
M
O1
0
M
O
M
m
N
ul
N
V
O7
m
lfl
Dl
L!1
.-I
lo
lD
O
W
ti
N
ti
N
N
N
Ol
.-I
.-I
�
.-I
N
lD
.-I
Ocl l
M
m
I`
W
m
N
N
w
M
M
00
N
M
N
Lr
Dl
cl
N
Lr1
O
O
O
M
N
00
M
N
O
M
N
N
-zr
H
N
N
O
O
N
O
N
N
Lf1
N
O
N
t/T
t/1
LOl0
P.-cn
N
M
N
7'D
M
'
M
^6
00
A;
00
LD
M
M
m
I�
N
�
m
a
M
N
V
lD
M
H
w
N
N
00
O
O
lD
M
Dl
Dl
Ln
N
7
M
a„
M
N
N
N
O
M
Di
O
M
lD
O
Ln
N
N
N
N
P.
M
7
M
M
Dl
M
O
Di
O
LD
Ln
00
N
im
O
ll
W
7
lD
V
m
O
O
N
M
N
a
M
Dl
00
7
N
N
lO
ti
N
N
N
N
N!
lO
N
�
N
N
H
N
N
O
N
M
N
W
-:T
o
O
Lfl
O
m
O
cl
lD
lD
N
Lr
H
tD
Ln
N
co
N
N
Cl
lD
O
M
lc
N
Ili
"
O
M
ol
o
M
lD
W
Ln
a -I
01
ul
�t
.-I
lD
.-I
01
N
O
01
00
O
N
.ti
v
v�
m
N
O
O
Dpi
N
Ln
O
D1
N
Ln
N
.A"Y
V
LD
N
N
{/}
N
lD
N
Ol
Ol
I�
N
O
N
N
Ln
N
O
al
Ol
D1
m
N
co
C
Ln
a
Co
N
O
Ln
O
Ln
lD
c0
lD
N
N
�'
bq
7
Lo
M
Ol
N
Vl
O
m
m
m
Co
.-- I
o
N
m
N
co
co
N
N
N
M
m
oc
o
lD
lD
N
:t
lD
N
N
I�.
L!1
.-I
.-I
M
v*
w
Ol
M
N
ci
O
01
01
P
lD
o
O
O
tD
M
o
oN
r,
N
01
o O
No
m
o O
W
N
N N
N
N
lD
LD
N
Ol
CO
M
N
lD
N
M
W
o
.--I
N
N
co W
co
N
N
l0
N
CO
w W
C
lD
N
N
N
N
rl
N
M
Q1
Lf1
W
Q1V
W
N
m
N
o
7
V
lD
N
Ql
M
N
M
N
lD
lD
l0
N
V
m
N
M
l0
N
Lf1
Ln
N
M
l0
O
O
r,
O
Lf1
Qi
�
01
01
l/l
I�
N
N
N
m
N
N
0
W
Ol
m
of
L!1
V
N
O
N
ul
V
o
W
m
lD
m O7
m
N�
0
N
M
M
O1
Ol
N
00
M
lD
N
O
NO
CO
O
01
W
.-I
N
N
l0
't
M
'tN
OD
kr
Ol
Lr
m
Lr
lD
cl
o
Lf1
lD
M�
w;tF
Lfl
M
M
N
lD
w
N
.
7
N
O
N
N
.-I
.-I
M
Ol
Lfl
L
N
M
CO
�
rl
N
M
V1
Ol
m
Ol
m
m
Ol
N
N
Lr
Lf1
m
Ol
S
N
O
O
N
M
Lf1
7
N
N
N
H
N
H
M
N
V
M
N
M
U
3
`o
v
o
`o
°
v
C
C
C
`°
t6
c1
-6
N
G
E
'bD
�-
C
%
p
y1
K
1
3:
in
ii
w
in
d
V
K
OC
d
H
v
o
ZIT
ZIT
vi
ri
m ni
_
'i m
ri
F
� Y
'0 3
r
n�
0 0`
o
a a
a G'
z
0
c
_
a
'o
E
u
� d
c �
ca
lw
c
16
E
`o
ry
n
3
mo
3
Im
irl
z°
E
u
16
—
>'
m
E
E E
=
o❑
Q ❑
.-
a
v
a•
c
� `°
o
a
v
y
�
m
v
�
p
w
>g
,,,
H H
H
H
v
o'
u`
°'
a
� ❑
�
c�
>
x E
a
c
F
z
Y
m
o
0 o E
a%
w
i F
y
°°
a
❑` ❑`
a`
a`
s v
w m�_
w u w
°
a LL
�
a
u
>
i
�
m
v
v v
I E
v v ..
E E O
3
V
n o
m
c
.,
�"
a 0
v
❑
v
V z�
v
w
a a v
v v
m m�
v
v
m�
a c
v
in n
E
n
E �
n in
o
voi �❑
v
n
u
v
Table C
Credit for Service
Total 10,677,134 122,814 385,782 10,168,539
Page 46 of 64
Balance
Balance
Client
Service
31 -Dec -23 New Agreement Credits Used Refund Given
31 -Dec -24
Peter Dietrich Kruse
Lower Hidden Valley
6,003
6,003
Activa Holdings Inc.
Strasburg Creek
2,403
2,403
Activa Holdings Inc.
Laurentian
295,772
295,772
Activa Holdings Inc.
Blair Creek Drive
-
-
Activa Holdings Inc.
Ottawa Trussler Pumping
-
-
Various
Mid Strasburg Trunk
385,782 385,782
0
Activa Holdings Inc.
Dodge Dr Sanitary Sewer
9,981,988 117,628
9,864,360
Deer Ridge Heights Inc.
Community Trail
5,186 5,186
0
Total 10,677,134 122,814 385,782 10,168,539
Page 46 of 64
Table D
Development Charge Rates as of December 31, 2024
Central Suburban
Residential Development Neighbourhoods Areas
Single detached or semi-detached dwelling $20,419 $30,401 / dwelling unit
Townhouse or street townhouse dwelling $14,341 $21,351 / dwelling unit
Multiple or duplex dwelling $10,324 $15,371 /dwelling unit
Lodging House $5,801 $8,638 /dwelling unit
Non -Residential Development**
Gross floor area of building $30.82 $93.11 /square metre
$2.86 $8.65 /square foot
Page 47 of 64
Table E
Deferral Agreements
Address
Balance Dec 31,
2023
New deferrals /
Adjustments
Payments
Balance Dec 31,
2024
Year Permit Issued
18 Guelph St
35,367
11,789
23,578
2020
1430 Highland Rd W
408,832
102,208
306,624
2020
414 Prospect Ave Bldg A
48,015
48,015
2020
169 Borden Ave N
704,001
704,001
0
2021
528 Lancaster St W
818,501
818,501
0
2021
80 Mcgee Ave
60,965
15,241
45,724
2021
595 Strasburg Rd
854,395
854,395
0
2021
270 Spadina Rd E
592,650
592,650
2021
659 Stirling Ave S
10,295
2,574
7,722
2021
30 Duke St W
16,965
16,965
0
2021
293 King St E
39,510
39,510
2021
51 David St
10,975
2,195
8,780
2021
221 Victoria St N
566,730
94,455
472,275
2021
1430 Highland Rd W
19,662
4,916
14,747
2021
64 Margaret Ave
98,775
16,463
82,313
2021
50 Eighth Ave
491,550
98,310
393,240
2021
236 Margaret Ave
32,522
-14,184
3,056
15,282
2022
301 Westmount Rd W
899,980
899,980
0
2022
1438 Highland Rd W
1,120,563
224,113
896,450
2022
900 King St W
1,264,371
1,264,371
2023
118 Gravel Ridge Trail
120,740
20,123
100,617
2023
152 Shanley St
819,217
819,217
2023
245 Wellington St N
6,197
1,033
5,164
2023
55 Franklin St S
339,523
56,587
282,936
2023
369 Frederick St
162,378
162,378
2023
132 Woolwich St
258,055
43,932
214,123
2023
3241 King St E
2,463,420
2,463,420
2023
118 Gravel Ridge Trail Bldg D
120,740
20,123
100,617
2023
118 Gravel Ridge Trail Bldg E
120,740
20,123
100,617
2023
118 Gravel Ridge Trail Bldg F
206,244
206,244
2023
118 Gravel Ridge Trail Bldg B
206,244
-24,176
182,068
2023
118 Gravel Ridge Trail Bldg C
206,244
206,244
2023
1442 Highland Rd W
1,952,695
1,952,695
2023
118 Gravel Ridge Trail Bldg G
206,244
206,244
2023
78 Weber St W
6,197
1,033
5,164
2023
43 Maurice St
8,373
8,373
2024
15 Cedar St N
64,056
64,056
2024
1001 King St E
1,518,800
1,518,800
2024
54 Eighth Ave
509,746
509,746
2024
40 College St
89,552
89,552
2024
$ 15,289,502
$ 2,152,167
$ 4,032,116
$ 13,409,553
Page 48 of 64
Table F
2024 Exemptions and Discounts
Exemption and Discount Type
Amount
50% Industrial Enlargement
$ 286,098
Additional Dwelling Units
8,809,844
School Boards
2,592,422
Municipal Use
1,564,877
Provincial Use
1,052,734
Redevelopment Allowance
633,343
Phase-in Discount*
1,360,718
Rental Discount
1,819,139
Non -Profit Housing Development
1,189,364
Total
$ 19,308,540
*Note that Bill 185, Cutting Red Tape to Build More Homes Act, 2024, removed the
mandatory phase-in discount for new applications effective June 6, 2024.
Page 49 of 64
Staff Repoit
K� R
Financial Services Department www. kitchen er.ca
REPORT TO: Council Meeting
DATE OF MEETING: June 23, 2025
SUBMITTED BY: Jonathan Lautenbach, CFO Financial Services, 519-783-8890
PREPARED BY: Tyler Harding, MCSI, Financial Services, 519-783-8887
WARD(S) INVOLVED: N/A
DATE OF REPORT: June 18, 2025
REPORT NO.: FIN -2025-297
SUBJECT: 2024 Grant Summary
RECOMMENDATION:
For Information
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with information regarding grants for
2024.
• During 2024 the City of Kitchener received or was approved for $27.2M of external grant
funding.
• This report supports the delivery of core services.
BACKGROUND:
To support effective and transparent financial governance, staff provide an annual update
on grant applications that have been received or approved. This report includes information
regarding grants for 2024, and the five-year period since 2020 when staff began tracking
this detail.
REPORT:
During 2024 the City of Kitchener received or was approved for $27.2M of external grant
funding. About half of this funding ($14M) relates to the Building Faster Fund which will be
received over three years if the City achieves their overall 2031 housing target.
In total, the City has received or been approved for $204.5M in grant funding for the five-
year period from 2020 through 2024.
Page 50 of 64
Year
Grants Approved
2020
76,461,710
2021
23,193,051
2022
27,576,957
2023
50,022,862
2024
27,296,622
Total
$204,551,202
Refer to Appendix A for more details.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Grant funding received from other levels of government or other third -party organizations
help reduce the cost to the City to provide valued programs and services to its citizens.
Without these grants, the City would have to consider other options such as:
• Increasing tax/user rates
• Reducing project scope
• Cancelling projects
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 -2024-298 Grant Update
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer
ATTACHMENTS:
Attachment A — 2024 Grant Applications Approved or Funding Received
Page 51 of 64
Appendix A
Grant Applications - Approved Or Funding Received 2020 - 2024 W date
Page 52 of 64
Proide enancial assistance a residential end small business c,eamea to
Mlnlstry of Energy
CEAP- COVID Energy A-- Program
Provincld
pay their utlllty bills if they've ep nd,e d f,d,,dal hardship due to tue
178515 2020
covlo-ls endemic.
Ministry, of Tou m, Culture end Sport
Gdi for Lf.
PD --al
Funding se ro studapro ,t fd,lId, vlduals
amici ate s —al,l iving dt rwllh demendla In Kl[eM1,ner
have the t, l
odunit ic
2]]2 2020
Association of Municipdities of Ontario (AMC)
Ontario Main Street Revitalization Initiative
Other
Emnomlc Development- Funtls --in 2018 stool report submiRetl In
2020.
235,909 2020
Mlnlst of Munlci d ARelrs Intl Housln
Audit7d Aeowntabilit Fund-Inlak2
Provin el
Di itizdlon of tlevdo men[servleas and r ants
3]5000 2020
Nlinist of Herita e S ori, Tou,;D,i diure Industries
Cdebrate Ontario Grant
Provincial
S ori Hostin rani to brio s nts tO KtchenerrOve
15 05 2020
Ministry of Hed[h
LHIN - Local Health Integration Net—D.ntown
Communit Centre
Provincid
Footling for Downtown Commt Wiry Centre Seniors Programs.
608,523 2020
Mlnlst for Se,lors Intl AROMabII1t
SALC-Senlors Ac1lve LiNn Genhes-Rmkwa,
Provincld
A, I,.,n rant for Senlors Active Livin Centres Pr, ra-Rmkwa,.
42 700 2020
Nllnistry for Seniors Intl ARortlabillty
SALC-Seniors Active Liring Centres- D -It-,
Communit Centre
Provincid
An operating Brent for Seniors Active Living Centres Program - Davntrnrvn
Communi Centre.
42 700 2020
Minis[ for Santora and ARortlabllit
SALC Seniors Active Livin Centres-Breitheu i
PC ncid
Ano cretin ant for Eltled Pers,n Cantle - Breitheu t.
42 ]OD 2020
UN SCGit Nellcor Sustainable Dcdopment
Gan[designed a enhance and communicate Ictal progress on these global
Employment Intl Social Devdopmeni Canatla
Goals
Fetlerd
ods for sus1
94,]00 2020
Mlnlst of Munlci d ARelrs Intl Housln
Sate Resort -Phase i
D, psi
Proinci4/Fetler4 Funds a onset lm acts of COVID
6839,500 2020
Nlinist of Munici dARairs Intl Housin
Sate Resiarc-Phme2
Pf ,,eI/Fetlerd
Funtls to oHs6t im ads of COVID
9,634,000 2020
Government of Canatla
Cln 150
Fetler4
Funds for Huron Natal Area hello rade
3]8,]68 2020
Trans Canatla Tall
Trans Canatla Troll
Omer
F,- Por Iron Horse Trail lmprovementa-Nodll and S,uth Se6h,n Intl
etu a Islands bon hell
145.500 2020
kilnis[ry of Employment Intl Smid Devdopmend
Neighboumootl Leatlershlp Program
Fetlerd
Md
Footling is ro support social participation Intl inclusion M seniors in our
. PI merit recdved In 2019. Partlan deferred to 2020.
25.000 2020
Fetlerd - Service Canatla
NHSP- New Horiwna for Seniors Pr r
Fetlerd
Funtlinnis ""tli i[Ilaccess and liteac for Seniors.
25,000 2020
Mlnlstry of Canadlen Herltege Ind Muldiculdurelism
G_da Day
Fetlerd
Grant to od,breote Gen2d"Day.
23440 2020
kilnist of Munici d ARaia and Housin
NDMP- National Olsasder Mlli Aon Pro ra
Fetlerd
Shoemaker Creek Fleadin and Cli -wide OOOd m,d,llin .
]00.000 2020
Fetleralion of Canatla Munici di[ies FCM
MCIP-INunici alines for Climaletunovation Pro a
Fetlerd
Install r n infrasttucture at RBJ SCM1Ie eI PIM
]50,000 2020
Infrastructure Canatla
DMAF-Disaster Mltla and Ade [orlon Funtl rant
oCM1allen
Fetlerd
Stormvreler r st,,t p,ovethe Giti's resilienc�tO cllmete eM1ane
le
49.980,000 2020
Ra ion of Waterloo
Health Kids G,mm,dt a
Munici d
Gm encoure rode 's uth [o live M1ealth ,a ve lives.
123,400 2020
Llfesain Smlet of Cenade
Association of Munici dines of Ontario AMO
Swlm to Survive
Canatla Communi Buildin Fund -2020
Other
Fetlerd
Grant to cover Instructor wee on Swlm t,, 3urvl elr
Annual fundi, allotment formed clllad Gas Tax
18,505 2020
], D75,077 2020
76,461,710 2020 Total
Mlnlst of Munlci dAR1la and Housln
COVID-19 Recove Funtlln
Proi,dd/Fetlerd
Funds aonset lm acts of COVID
4821,933 2021
Ontario's Gimate Chan ,Action Ran
r
oli
0
Ombudsman
Ombudsman Report
Investigation into a complaint about a meeting
of council for the City of Kitchener
on August 14, 2023
Paul Dube
Ombudsman of Ontario
June 2025
Page 53 of 64
Complaint
My Office received a complaint about a special meeting of council for the City of
Kitchener (the "City") held on August 14, 2023. The complaint alleged that
council's closed session discussion described as "City Owned Performing Arts
and Entertainment Facilities" on the meeting agenda did not fit within the cited
exception for information supplied in confidence by a third party at section
239(2)(1) of the Municipal Act, 2001 (the "Act").'
2 My investigation determined that council for the City of Kitchener did not
contravene the Municipal Act, 2001 on August 14, 2023. Parts of council's
discussion fit within the cited exception for information supplied in confidence by
a third party, as well as the exceptions for labour relations and employee
negotiations at section 239(2)(d), and plans and instructions for negotiations at
section 239(2)(k) of the Act.
3 Although other parts of council's discussion did not fit within the exceptions to
the open meeting rules on their own, I determined that council was not required
to parse these parts of the discussion from the closed session. Accordingly,
council's entire closed session discussion was permitted under the Act.
Ombudsman jurisdiction
4 Under the Act, all meetings of council, local boards, and committees of either
must be open to the public, unless they fall within prescribed exceptions.
5 As of January 1, 2008, the Act gives anyone the right to request an investigation
into whether a municipality or local board has complied with the Act in closing a
meeting to the public. The Act designates the Ombudsman as the default
investigator for municipalities that have not appointed their own.
6 The Ombudsman is the closed meeting investigator for the City of Kitchener.
7 When investigating closed meeting complaints, we consider whether the open
meeting requirements in the Act and the applicable governing procedures have
been observed.
8 Our Office has reviewed and investigated hundreds of closed meetings since
2008. To assist municipal councils, staff, and the public, we have developed an
1 SO 2001, c 25.
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 54 of 64
online digest of open meeting cases. This searchable repository was created to
provide easy access to the Ombudsman's decisions on, and interpretations of,
the open meeting rules. Council members and staff can consult the digest to
inform their discussions and decisions on whether certain matters can or should
be discussed in closed session, as well as issues related to open meeting
procedures. Summaries of the Ombudsman's previous decisions can be found in
the digest: https://www.ombudsman.on.ca/en/info-public-bodies-and-
officials/municipal-government/municipal-meeting-dim.
9 The Ontario Ombudsman also has the authority to conduct impartial reviews and
investigations of hundreds of public sector bodies. This includes municipalities,
local boards, and municipally -controlled corporations, as well as provincial
government organizations, publicly funded universities, and school boards. In
addition, the Ombudsman's mandate includes reviewing complaints about the
services provided by children's aid societies and residential licensees, and the
provision of French language services under the French Language Services Act.
Read more about the bodies within our jurisdiction here:
https://www.ombudsman.on.ca/en/make-complaint/what-we-can-help-
you/organizations-you-can-complain-about.
Investigative process
10 On November 29, 2023, my Office advised the City of our intent to investigate
this complaint.
11 We reviewed materials from the August 14, 2023 meeting, including the agenda,
open and closed meeting minutes, a closed session staff report, and a related
closed session PowerPoint presentation. We also reviewed closed session
materials from a previous special council meeting held on June 26, 2023, and
relevant portions of the Act.
12 My Office spoke with the Director of Legislated Services/City Clerk and
interviewed the Chief Administrative Officer (CAO), the Executive Director of
Economic Development, and the Mayor.
13 My Office received full co-operation during our investigation.
Background
14 In August 2023, the City announced plans to take a new leadership role
regarding four City -owned arts and entertainment facilities: the Kitchener
2
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 55 of 64
Memorial Auditorium, the Registry Theatre, the Conrad Centre for the
Performing Arts, and the Centre in the Square.
15 The City directly operates the Kitchener Memorial Auditorium, and contracts out
operation of the Registry Theatre and the Conrad Centre for the Performing Arts.
The Centre in the Square is managed and operated by The Centre in the Square
Inc., a corporation established under the City of Kitchener Act, 1981.2 The
Centre in the Square Inc. is a municipally -controlled corporation within the
definition of section 223.1(1) of the Municipal Act, 2001, because the City
appoints all members of its board of directors.
16 In 2022, the City retained a consultant to review these arts and entertainment
facilities and their operations. During the consultant's review process, the
organizations operating the Registry Theatre, Conrad Centre, and Centre in the
Square (collectively, the "facility operators") provided the consultant with
information related to their operations, including information about revenue,
expenses, ticket sales, and staffing. The CAO made a commitment to the facility
operators that the information would be kept confidential, since the City had
requested more detailed information than it normally would.
17 The consultant presented a report and recommendations to council in closed
session at a special council meeting on June 26, 2023, including with respect to
a City -led "centralized model" for operations.
August 14, 2023 council meeting
18 Council met in council chambers on August 14, 2023, at 5:00 p.m. The public
agenda listed the following item for closed session discussion: "City Owned
Performing Arts and Entertainment Facilities (Commercial
Information/Contractual or Other Negotiation - Section 239 (2) (i))." We were told
that this item was an update to council from City staff on the implementation of
the centralized model.
19 At 5:45 p.m., council passed a resolution to move into closed session to discuss
four agenda items. For the arts and entertainment facilities item, council referred
to the exception for information supplied in confidence by a third party.
20 The discussion about the arts and entertainment facilities item consisted of a
presentation by the CAO for council's information, based on the staff report.
First, the CAO gave a brief overview of the vision and purpose of the centralized
2 SO 1981, c 90 [City of Kitchener Act, 1981].
3
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 56 of 64
model. The CAO then discussed implications for both City operations and facility
operators, including staffing. The CAO next presented revenue and expense
forecasts related to the implementation of the centralized model, including
potential impacts to facility operators, based on information provided by the
operators. Finally, the CAO outlined the next steps in the process, including
steps related to negotiating agreements with facility operators.
21 After the CAO's presentation, there was a question -and -answer period where
council asked questions about the centralized model. The questions concerned
topics like the City's required investment, staffing, communications, and specific
ongoing negotiations. City staff responded to council's questions.
22 Council did not pass any resolutions related to this item before returning to open
session at 7:15 p.m.
Analysis
23 Under the Act, all meetings of council, local boards, and committees of either of
them must be open to the public, unless they fall within a prescribed exception
under section 239 of the Act.
Exception for information supplied in confidence by a third party
24 Council's resolution to proceed into closed session cited the exception for
information supplied in confidence by a third party at section 239(2)(1) of the Act,
which permits a meeting to be closed if the subject matter is a trade secret or
scientific, technical, commercial, financial or labour relations information,
supplied in confidence to the municipality or local board, which, if disclosed,
could reasonably be expected to prejudice significantly the competitive position
or interfere significantly with the contractual or other negotiations of a person,
group of persons, or organization.
25 The purpose of this exception is to protect confidential information that belongs
to a third party.3 I have previously found that the exception will apply when:
The information discussed falls into one of the listed types:
trade secret, scientific, technical, commercial, financial, or
labour relations information;
3 Brockton (Municipality oo (Re), 2023 ONOMBUD 13 at para 20 [Brockton], online:
<htti)s://canlii.ca/t/kl log>.
4
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 57 of 64
ii. The information discussed was supplied confidentially,
whether explicitly or implicitly, to the municipality by a third
party; and
iii. If disclosed, the information discussed could reasonably be
expected to cause harm, either by prejudicing significantly the
competitive position or interfering significantly with the
contractual or other negotiations of a person, group of persons
or organization.4
The information discussed fell into the listed types
26 The Clerk, CAO, Executive Director of Economic Development, and the Mayor
indicated that the CAO's presentation and council's discussion included
commercial, financial, and labour relations information.
27 1 have previously determined that "commercial information" is information related
to the buying, selling or exchange of merchandise or services.5 The CAO's
presentation and council's discussion included information about commercial
matters related to the implementation of the centralized model. This information
qualifies as commercial information.
28 "Financial information" is information relating to the use or distribution of money,
containing or referring to specific data.6 The CAO's presentation and council's
discussion included financial information about the facilities' operations.
29 1 have not previously adopted a definition for "labour relations information" for the
purposes of the exception for information supplied in confidence by a third party.
However, my Office has extensively interpreted the phrase "labour relations" in
the context of the open meeting exception for labour relations and employee
negotiations at section 239(2)(d) of the Act. For example, I have found that
discussions about labour relations may include:
Unionized or non -unionized staff, and changes to staffing,
workload, and roles of particular employees;'
4 Bruce (County oo (Re), 2022 ONOMBUD 7 at para 67, online: <https://canlii.ca/t/'pbf9>.
5 Leeds and the Thousand Islands (Township of) (Re), 2022 ONOMBUD 5 at para 31, online:
<https://canlii.ca/t/'nkk9>.
6 Ibid at para 33.
Niagara Falls (City ol) (Re), 2022 ONOMBUD 3 at para 35, online: <https://canlii.ca/t/'n3rm>; Welland
(City oo (Re), 2014 ONOMBUD 7 at paras 39-40, online: <https://canlii.ca/t/gtmhx>; Burk's Falls/
Armour (Village of/ Township), 2015 ONOMBUD 26 at para 60, online: <https://canlii.ca/t/gtp6w>.
5
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 58 of 64
Municipal reorganization as it affects individuals and their
roles, and the hiring or firing of staff;$ and
Organizational reviews affecting named individuals or when
the individuals or roles are potentially identifiable in small
departments with few staff.9
30 1 am satisfied that "labour relations information" for the purpose of the exception
for information supplied in confidence by a third party includes, but may not be
limited to, the same type of information as the exception for labour relations.
31 In this case, parts of the CAO's presentation and council's discussion were about
staffing with respect to the centralized model. This information qualifies as labour
relations information.
32 Accordingly, the CAO's presentation and council's discussion considered
commercial, financial, and labour relations information, and the first criterion is
satisfied.
The information discussed was supplied in confidence by third parties
33 This criterion has two elements: whether the information was supplied in
confidence, either explicitly or implicitly, and whether the supplier of the
information was a third party to the municipality.
Supplied in confidence
34 The CAO told my Office that he made an implied commitment to the facility
operators that the information they provided to the City's consultant would be
kept confidential. We were told that other City staff also relayed this commitment
to everyone the consultant spoke with, and that City staff had spoken with a
representative of one of the facility operators regarding confidentiality about the
labour relations information shared with the City.
35 The CAO explained that he had made this commitment because of the level of
detail the City was requesting from the facility operators that they would not
normally be able to provide. I am satisfied based on our investigation that the
commercial, financial, and labour relations information was supplied to the City in
confidence.
8 Sault Ste. Marie (City oo (Re), 2016 ONOMBUD 13 at para 22 [Sault Ste. Marie],
online: <http://canlii.ca/t/h2sst>.
9 Norfolk (County oo (Re), 2021 ONOMBUD 6 at paras 24-27, online: <https://canlii.ca/t/odr8d>.
6
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 59 of 64
Third parties
36 The second element for this criterion is whether the information was supplied by
a third party to the municipality. Based on the text of the exception, a third party
includes "a person, group of persons, or organization."
37 At the time of the August 14, 2023 meeting, the Registry Theatre and Conrad
Centre were operated by incorporated community organizations. These
organizations were third parties.
38 The Centre in the Square is operated by The Centre in the Square Inc., a
municipally -controlled corporation established under special legislation with a
board of directors appointed by council that includes council member
appointees. The Centre in the Square Inc. has a distinct legal personality from
the City.
39 The Centre in the Square Inc. has the capacity to sue and be sued, contract, and
acquire, hold, and dispose of personal property,10 and is an "organization" in the
plain sense of the meaning. It is also an institution for the purposes of the
Municipal Freedom of Information and Protection of Privacy Act. 11
40 1 am satisfied that the Centre in the Square Inc. is a third party for the purposes
of this exception. Accordingly, the second criterion that the information was
supplied confidentially to the municipality by a third party is satisfied.
The information, if disclosed, could reasonably be expected to cause harm
41 The third criterion for this exception requires a municipality to show that the
disclosure of a third party's information could reasonably be expected to cause
harm.
42 1 have previously interpreted this criterion to place the onus of establishing a
reasonable expectation of harm on the municipality seeking to withhold the
information. Although a municipality does not need to prove on a balance of
10 See Legislation Act, 2006, SO 2006, c 21, Sched 5, s 92(1); City of Kitchener Act, 1981, supra note
2, s 16.
11 The Centre in the Square Inc. is prescribed in O Reg 372/91, s 1(1)(3) for the purposes of paragraph
(c) of the definition of "institution" at s. 2(1) of the Municipal Freedom of Information and Protection of
Privacy Act, RSO 1990, c M.56.
7
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 60 of 64
probabilities that harm will result from disclosure, the risk of harm has to be well
beyond merely possible or speculative. 12
43 In this case, the CAO and the Executive Director of Economic Development
identified specific harms that could result in significant interference with
contractual or other negotiations, if information discussed during parts of the
closed session were disclosed to the public. These potential harms were more
than speculative. The third criterion is therefore satisfied.
44 Accordingly, the parts of the CAO's presentation and the question -and -answer
period that dealt with third party commercial, financial, and labour relations
information fit within the exception for information supplied in confidence by a
third party. Because some parts of the discussion did not concern these types of
information, we considered whether other open meeting exceptions applied to
the remainder of council's discussion.
Exception for labour relations and employee negotiations
45 Although not cited by council in its resolution to proceed into closed session,
those we interviewed suggested that the exception for labour relations and
employee negotiations at section 239(2)(d) of the Act applied because council
discussed implications for staffing. My Office therefore also assessed whether
the exception for labour relations could have applied to council's discussion.
46 The purpose of the exception for labour relations is to protect discussions
relating to the relationship between a municipality and its employees. 13 While
this exception does not generally apply to organizational reviews or
restructurings, it may apply to discussions relating to reorganization as it affects
individuals and their roles. 14
47 In a 2018 report to the Town of Petrolia, I determined that this exception applied
to a council discussion about how a proposed transfer of the operation of a
community centre to a not-for-profit organization could affect the employees.15
12 Brockton, supra note 3 at para 30; see also Ontario (Community Safety and Correctional Services) v
Ontario (Information and Privacy Commissioner), 2014 SCC 31 at para 52, online:
<https://canlii.ca/t/g6lzb>.
13 St. Catharines (City oo (Re), 2019 ONOMBUD 1 at para 24 [St. Catharines], online:
<https://canlii.ca/t/hxrk5>.
14 Sault Ste. Marie, supra note 8 at para 22.
15 Petrolia (Town oo (Re), 2018 ONOMBUD 6 at paras 48-50, online: <https://canlii.ca/t/hvmtw>.
8
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 61 of 64
48 In this case, the CAO's presentation and the question -and -answer period
considered specific staffing implications of the centralized model. Accordingly,
those parts of the CAO's presentation and the question -and -answer period fit
within the exception for labour relations and employee negotiations.
Exception for plans and instructions for negotiations
49 Although not cited or contemplated by council, my Office assessed whether the
exception for plans and instructions for negotiations at section 239(2)(k) of the
Act could have applied to council's closed session discussion.
50 The purpose of this exception is to protect information that could undermine the
municipality's bargaining position or give another party an unfair advantage
during an ongoing negotiation. In order for the exception to apply, the following
criteria must be satisfied:
i. The in camera discussion was about positions, plans, procedures, criteria,
or instructions;
ii. The positions, plans, procedures, criteria, or instructions are intended to
be applied to negotiations;
iii. The negotiations are being carried on currently, or will be carried on in
future; and
iv. The negotiations are being conducted by or on behalf of the
municipality.16
51 During the latter portion of the CAO's presentation, and during the question -and -
answer period, the CAO provided council with an update on various negotiations
related to the centralized model, including the positions the City would be taking
during these negotiations. My Office was told that at the time of the August 14,
2023 council meeting, some negotiations had commenced, while others were set
to start shortly.
52 Parts of the CAO's presentation and the question -and -answer period fit within
the exception for plans and instructions for negotiations.
Parsing the discussion
53 Only parts of council's discussion fit within one or more open meeting
exceptions. However, the CAD's initial overview of the centralized model and
16 St. Catharines, supra note 13 at paras 30-31.
9
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 62 of 64
parts of the question -and -answer period did not fit within any of the open
meeting exceptions. Accordingly, it is necessary to determine whether the
discussion could have been parsed.
54 In St. Catharines v /PCO, 2011, the Divisional Court found that it is unrealistic to
expect municipal councils to split up discussions between open and closed
sessions where it would "detract from free, open and uninterrupted discussion.111'
In other words, where it would be unrealistic to expect council to parse
intertwined subjects, topics that do not otherwise fit within an open meeting
exception may still be discussed in camera. 18 However, if the topics can be
separated, council is expected to return to open session for those portions of the
discussion that do not fit within an open meeting exception.
55 In a 2024 report to the Municipality of Temagami, I found that a discussion of
general information about two properties could not have been parsed from a
discussion of tax information that fit within the exception for personal matters
because the discussion consisted of foundational background information that
was intertwined with the update regarding tax information. 19
56 In this case, those we interviewed explained that the CAO's initial overview and
the question -and -answer period provided essential contextual information which
informed council's discussion and could not be separated out.
57 1 am satisfied that the CAO's overview of the centralized model was foundational
background information that prefaced the information that was then the focus of
council's discussion. The overview was relatively brief and expecting council to
have parsed it would not have been realistic.
58 Similarly, some of council's questions during the question -and -answer period did
not fit within the exceptions. Requiring council to have parsed these parts of the
discussion would have detracted from free, open, and uninterrupted discussion.
59 Accordingly, because the information was intertwined and could not realistically
have been parsed, council's entire discussion fit within the exceptions for
information supplied in confidence by a third party, labour relations and
employee negotiations, and plans and instructions for negotiations.
17 St. Catharines (City) v IPCO, 2011 ONSC 2346 at para 42, online: <https://canlii.ca/t/fkgfr>.
18 Plympton-Wyoming (Town of) (Re), 2021 ONOMBUD 4 at para 26, online: <https://canlii.ca/t/od49k>.
19 Temagami (Municipality oo (Re), 2024 ONOMBUD 6 at para 22, online: <https://canlii.ca/t/k4ol b>.
10
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 63 of 64
Opinion
60 Council for the City of Kitchener did not contravene the Municipal Act, 2001 on
August 14, 2023, when it met in closed session to discuss an update on the
implementation of the centralized model for the City -owned arts and
entertainment facilities. As I have determined that it would have been unrealistic
to have required council to parse its discussion, the entire discussion fit within
the exceptions for information supplied in confidence by a third party, labour
relations and employee negotiations, and plans and instructions for negotiations.
61 While I have determined that the City satisfied the criteria for the exception for
information supplied in confidence by a third party, my Office did not receive
clear documentation setting out that the information was supplied in confidence.
62 As a best practice going forward, before relying on the exception for information
supplied in confidence by a third party at section 239(2)(i), the City should
confirm with the third party whether or not the information was supplied in
confidence, and, where appropriate, inquire into what concrete harms could be
expected if the information were disclosed publicly.
Report
63 Council and staff for the City of Kitchener were given the opportunity to review a
preliminary version of this report and provide comments to my Office. All
comments we received were considered in the preparation of this final report.
64 The Director of Legislated Services/City Clerk indicated that my report would be
shared with council and made available to the public at an upcoming council
meeting. This report will also be published on our website at
www.ombudsman.on.ca.
Paul Dube
Ombudsman of Ontario
11
Ombudsman
Investigation into a complaint about
a meeting of council for the City of
Kitchener on August 14, 2023
June 2025
Page 64 of 64