BY-LAW NO. 2007-17

Being a by-law to adopt the current estimates and strike the rates of taxation for year 2007.

WHEREAS the Council of the Corporation of the Municipality of Gordon has, in accordance with the Municipal Act, considered the estimates of the Municipality and by virtue of the Municipal Act, the 2001 Community Reinvestment Fund and the Education Act, 2001 it is necessary that the following sums be raised by means of taxation.

NOW THEREFORE, the Council of the Corporation of the Township of Gordon hereby enacts as follows;

1. There shall be levied and collected upon all ratable lands, buildings and commercial assessment of the Corporation of the Township of Gordon the following rates of taxation:

General Municipal
Assessment Type Tax Rate

CT Gen Mun 0.00865053
CT Educ 0.01356845

CX Gen Mun 0.00949791

CV Gen Mun 0.00605537
CV Edu 0.00949791

FT Gen Mun 0.0021025
FT Educ EP 0.00066
FT Educ FP 0.00066

IT Gen Mun 0.00516374
IT Educ 0.00648623

RT Gen Mun 0.00841
0.00841
RT Educ ES 0.00264
RT Educ NS 0.00264
RT Educ FS 0.00264

TT Gen MuN 0.0021025
TT Educ EP 0.00066

2. Notwithstanding the provisions of Clause 1 of the by-law any additional taxes payable as a result of additions to the roll pursuant to Section 43 of the Assessment Act, shall be that portion of the amount of taxes which would have been levied for the current year if the assessment had been made in the usual way, and that portion shall be at the ration that the number of months remaining in current year that month in which the notice provided for herein, is delivered or sent, bears to the number of twelve and shall be entered in the Collectors Roll and collected in the same manner as described as follows.

(a) If the assessment has been added to the collector’s roll after July 31, the taxes shall be due and payable on the 30th day of the month following the entry of assessment in the Collector’s Roll.

3. The Collector is hereby authorized to mail, deliver or cause to be mailed or delivered the notice of taxes due to the address of the residence or place of business of the person to who such notice is required to be given.

4. Taxes are payable to the Corporation of the Township of Gordon at the municipal office or by mail to P.O. Box 120, Gore Bay, Ontario P0P 1H0.

5. There shall be imposed a penalty for non-payment of taxes on the due date as specified in Clause 2(a) hereof or as specified in Clause 7 of this by-law, as the case may be, a percentage charge or one point two five percent (1.25%) on the first day next after the appropriate due date, which shall be the first day of default and an additional penalty of 1.25% shall be added on the first day of each calendar month thereafter in which default continues, but in no event shall any penalty be added under this clause after the year 2000.

6. The Tax Collector be authorized to accept part payment from time to time on the account of any taxes due and to give a receipt of such payment, provided that acceptance of any such payment shall not affect the collection of any percentage charged imposed and collectible under Clause 5 hereof.

7. The tax bill, made up from real property and business assessment roll received from the Regional Assessment Commission and on which the 2006 taxes are levied will be mailed or delivered approximately on July 14, 2006 and taxes due and payable on the 4th day of September , 2007.

8. A minimum tax bill shall be $15.00

This bylaw shall come into force at the time of its passing by Council

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 19th day of June , 2007

____________ ______________________
REEVE: Art Madore CLERK: Carrie Lewis

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on January 8, 2008

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on January 8, 2008 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 5th day of February, 2008

...................................................................
REEVE

.....................................................................
CLERK

A BY-LAW TO AUTHORIZE THE SUBMISSION OF AN APPLICATION TO THE ONTARIO INFRASTRUCTURE PROJECTS CORPORATION (“OIPC”) FOR FUNDING FROM THE MUNICIPAL INFRASTRUCTURE INVESTMENT INITIATIVE FOR A NEW ELIGIBLE CAPITAL PROJECT OF THE CORPORATION OF THE TOWNSHIP OF GORDON & ALLAN WEST, AND TO APPROVE THE EXPENDITURE OF FUNDS ON SAID ELIGIBLE CAPITAL PROJECT;
WHEREAS the Municipal Act, 2001 (Ontario), as amended, (the “Act”) provides that a municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise;
AND WHEREAS the Province of Ontario has recently announced an investment of $300 million dollars for municipal infrastructure as a one-time grant for eligible municipal infrastructure initiatives to Ontario municipalities and Local Services Boards;

AND WHEREAS on behalf of the Province of Ontario, OIPC will be administering the Municipal Infrastructure Investment Initiative available to Ontario municipalities and Local Services Boards for the purposes of new eligible municipal infrastructure initiative projects;
AND WHEREAS it is now deemed to be expedient to authorize for the municipal purposes of the Municipality the new capital project described in column (2) of Schedule “A” (the “Project”) attached hereto and forming part of this By-law (“Schedule “A”) in the amount of the estimated expenditure set out in column (3) of Schedule “A”;
AND WHEREAS OIPC has invited eligible Ontario municipalities and Local Services Boards desirous of obtaining funding pursuant to the Municipal Infrastructure Investment Initiative in order to meet capital expenditures in connection with a new eligible capital project to apply to OIPC for such funding by completing and submitting an application through the form provided by OIPC (the “Application”);
AND WHEREAS the Municipality has submitted an Application to OIPC to request funding in respect of the Project;
NOW THEREFORE THE COUNCIL OF THE THE TOWNSHIP OF GORDON & ALLAN WEST ENACTS AS FOLLOWS:
1. The Council of the Municipality hereby confirms, ratifies and approves the completion by the CAO/CLERK-TREASURER of an Application and the submission by such authorized official of an Application, duly executed by such authorized official, to OIPC for the funding of the Project in connection with the Municipal Infrastructure Investment Initiative in the maximum aggregate principal amount of $400,000.00; (four hundred thousand dollars).

2. (a) Construction of the Project in the amount of the respective Estimated Expenditure set out in column (3) of Schedule “A” is hereby approved and authorized;
(b) any one or more of the Reeve or the Treasurer are hereby authorized to conclude contracts on behalf of the Municipality for the construction of the Project in accordance with the Municipality’s usual protocol;
(c) any one or more of the Reeve or the Treasurer are hereby authorized to submit to OIPC or the Minister of Public Infrastructure Renewal on behalf of the Municipality such reports or other documents regarding the Project as may be requested in connection with the Municipal Infrastructure Investment Initiative;
(d) where applicable, the Engineer of the Municipality will forthwith make such plans, profiles and specifications and furnish such information as in the opinion of the Engineer is necessary for the construction of the Project;
(e) where applicable, the construction of the Project shall be carried on and executed under the superintendence and according to the direction and orders of such Engineer; and
(f) the Engineer, or such other official of the Municipality charged with the management of the Project shall report semi-annually to the Council of the Municipality on the status of the Project.
3. The Council of the Municipality hereby confirms that the Funding will be applied and shall be used exclusively for financing the Project eligible under the Municipal Infrastructure Investment Initiative as set out in Schedule “A” to this By-Law and for no other purposes.
4. This By-law takes effect on the day of passing.

ENACTED AND PASSED this ___8th_________day of __January_____, 2008.

________________________ _____________________________
Clerk – Carrie Lewis Reeve – Art Madore

Schedule “A”
to By-Law Number 2008-01

(1) (2) (3) (4)
Project Name Description of Eligible Capital Work Estimated ExpenditureGrant Amount
Bridges & Culvert Repairs, Rehabilitation, & Reconstruction $ 400,000.00 $ 400,000.00
Rehabilitation of Bridge/Culvert Structure

Being a by-law to appoint officials of the Township of Gordon & Allan West in the District of Manitoulin;

WHEREAS, Chapter 25,Municipal Act,R.S.O.2001, S.224, provides Council of municipalities with the authority to carry out duties of council under this or any other Act;

NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF GORDON & ALLAN WEST DEEMS IT EXPEDIENT TO APPOINT THE FOLLOWING COMMITTEES OF COUNCIL:

1.Gore Bay-Manitoulin Airport Commission – Art Madore
Building Systems Committee – Lee Hayden
Budget/Finance Committee – All Council Members
Gordon Cemetery Board – Lee Hayden, Councillor &
Cam Clark –Community Member
Community Policing Advisory Board – Lee Hayden
Emergency Preparedness Committee – Gerry Armstrong
Library Board – Jack Brady
Manitoulin Planning Board – Art Madore
Manitoulin Municipal Association – Art Madore, Betty Noble
Provincial Offences Board – Jack Brady
Transfer Station – Jack Brady, Betty Noble
Waste Management – Gerry Armstrong
Roads Committee – Gerry Armstrong, Jack Brady

2. The Reeve shall be an ex officio member of all Committees of Council that he/she is not specifically appointed to, unless prohibited by legislation to be an ex officio member of a specific Committee, and shall vote therein.

3. That all previous by-laws pertaining to board and committee appointments are hereby rescinded.

4. This By-law shall come into force and effect on the date of its final passing

READ A FIRSTAND SECOND TIME THIS 8th DAY OF January, 2008

READ A THIRD TIME AND FINALLY PASSED THIS 8th DAY of January,2008.

...................................................................
REEVE

.....................................................................
CLERK

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on December 2, 2007

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on December 2, 2007 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 8th day of Janaury, 2008

...................................................................
REEVE

.....................................................................
CLERK

BY-LAW NO. 2007-29

Being a by-law to adopt a Code of Conduct Policy for Members of Council to ensure accountability and transparency to the public and to provide a process for complaints and investigations regarding meetings under Section 239.2 of the Municipal Act 2001

WHEREAS the Municipal Act R.S.O. 2001, Section 270 provides that all municipalities shall have adopted policies under this section;

NOW THEREFORE BE IT RESOLVED THAT the attached policy (referred to as Schedule A) forms the Code of Conduct for Members of Council.

AND WHEREAS the Corporation of the Township of Gordon does not deem it cost effective to appoint a meeting investigator (Section 239.2);

NOW THEREFORE The Council will refer individuals to the Ombudsman Ontario website which will provide the process for an investigation to the complaint.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 4th day of December, 2007

...................................................................
REEVE

.....................................................................
CLERK

Schedule ‘A’

Code of Conduct for Elected Officials of Municipal Council in the Township of Gordon & Allan West

Purpose: The purpose and intent of this Policy is to establish guidelines for ethical and interpersonal standards of conduct for Member of Council.

A. STANDARDS OF CONDUCT
- Members of Council shall at all times seek to advance the common good of the community which they serve.
- Members of Council shall truly, faithfully and impartially exercise the office to the best of their knowledge and ability.

B. CONDUCT TO BE OBSERVED
1. Foster Respect for Decision-Making Process
All members of Council shall accurately and adequately communicate the attitudes and decisions of the Council, even if they disagree with Council’s decision, such that respect for the decision-making processes of Council is fostered.

2. Release of Confidential Information Prohibited
Members of Council have a duty to hold in strict confidence all information concerning matters dealt with at in-camera meetings. A Member of Council shall not, either directly or indirectly, release, make public or in any way divulge any such information or any aspect of the in-camera deliberations to anyone, unless expressly authorized by Council or required by law to do so.

Members of Council shall not release information in contravention of the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

Members of Council shall not release information subject to solicitor-client privilege, unless expressly authorized by Council or required by law to do so.

Members of Council shall not misuse confidential information (information that they have knowledge of by virtue of their position as Councillor that is not in the public domain, including e-mails and correspondence from other Members of Council or third parties) such that it may cause detriment to the Corporation, Council or others, or benefit or detriment to themselves or others.

3. Release of Information to Public or Media
Members of Council acknowledge that official information related to decisions and resolutions made by Council will normally be communicated to the community and the media by the Council as a whole or the Mayor as Head of Council or by his or her designate.

4. Acceptance of Gifts Prohibited
The stipend paid to each Member of Council is intended to fully remunerate Members of Council for service to the Corporation. Members of Council shall not solicit, accept, offer or agree to accept a commission, reward, gift, advantage or benefit of any kind, personally or through a family member or friend, which is connected directly or indirectly with the performance or duties of office.

Members of Council are not precluded from accepting:
a) personal gifts, benefits, rewards, commissions or advantages from any person or organization not connected directly or indirectly with the performance or duties of office;
b) political contributions that are otherwise offered, accepted and reported in accordance with applicable law;
c) food and beverage at banquets, receptions, ceremonies or similar events;
d) services provided without compensation by persons volunteering their time;
e) food, lodging, transportation and entertainment provided by other levels of governments or by other local governments, boards or commissions;
f) a reimbursement of reasonable expenses incurred in the performance of duties or office;
g) a reimbursement of reasonable expenses incurred and honorariums received in the performance of activities connected with municipal associations;
h) token gifts such as souvenirs, mementoes and commemorative gifts that are given in recognition of service on a committee, for speaking at an event or representing the Corporation at an event; and
i) gifts that are received as an incident of protocol or social obligation that normally and reasonably accompany the responsibility of office.

Members of Council shall return any gifts or benefits which exceed these limits, along with an explanation why the gifts or benefits cannot be accepted.

5. Engaging in Incompatible Activity Prohibited
Members of Council shall not engage in any activity, financial or otherwise, which is incompatible or inconsistent with the ethical discharge of official duties in the public interest.

Without limiting the generality of the foregoing, Members of Council shall not:
a) use any influence of office for any purpose other than official duties;
b) act as an agent before Council or any committee, board or commission of Council;
c) solicit, demand or accept the services of any corporate employee, or individual providing services on a contract for service, for re-election purposes during hours in which the employee, or individual providing service under a contract for service, is in the paid employment of the Corporation;
d) use any information gained in the execution of office that is not available to the general duties;
e) place themselves in a position of obligation to any person or organization which might reasonably benefit form special consideration or may seek preferential treatment;
f) give preferential treatment to any person or organization in which a Member or Members of Council have a financial interest;
g) influence any administrative or Council decision or decision-making process involving or affecting any person or organization in which a Member or Members of Council have a financial interest; and
h) use Corporate materials, equipment, facilities or employees for personal gain or for any private purpose.

6. Avoidance of Waste
Members of Council shall avoid waste, abuse and extravagance in the provision or use of public resources, and shall expose fraud and corruption of which the Member of Council is aware.

C. INTERPERSONAL BEHAVIOURS OF MEMBERS OF COUNCIL
1. Conduct at Council

Members shall conduct themselves with decorum at Council in accordance with the provisions of the Council procedures by-law.

2. Conduct Respecting Staff

Only Council as a whole has the authority to approve budget, policy, Committee processes and other such matters. Accordingly, members shall direct requests outside of Council approved budget, process or policy, appropriately.
Staffs direction is from Council as a whole, and the combined interests of all members as evidenced through the decisions of Council. Members shall be respectful of the role of staff to advise based on political neutrality and objectivity and without undue influence form any individual member or faction of the Council. Accordingly, no member shall maliciously or falsely injure the professional or ethical reputation, or the prospects or practice of staff, and all members shall show respect for the professional capacities of the staff of the Municipality.

3. Treat Every Person with Dignity, Understanding and Respect

Members of Council shall abide by the provisions of the Human Rights Code and, in doing so, shall treat every person, including other Members of Council, corporate employees, individuals providing services on a contract for service, students on placements, and the public, with dignity, understanding and respect for the right to equality and the right to an environment that is safe and free from harassment and discrimination.

4. Not to Discriminate

In accordance with the Human Rights Code, Members of Council shall not discriminate against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability. “Age”, “disability”, “family status”, “record of offences”, “same sex partnerships status” shall be as defined in the Human Rights Code.

5. Not to Engage in Harassment

In accordance with the Human Rights Code, harassment shall mean engaging in a course of vexatious comment or conduct that is know or ought reasonable to be known to be unwelcome.

Without limiting the generality of the foregoing, Members of Council shall not:
a) make racial, homophobic, sexist or ethnic slurs;
b) display pornographic, homophobic, sexist, racist or other offensive or derogatory material;
c) make leering (suggestive staring) or other offensive gestures;
d) make written or verbal abuse or threats;
e) vandalize the personal property of others;
f) commit physical or sexual assault;
g) make unwelcome remarks, jokes, innuendos or taunting statements about a person’s physical appearance, racial background, colour, ethnic origin, place of origin, citizenship, ancestry, creed (religion or belief), sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, disability (physical or mental);
h) make unwelcome remarks, insulting gestures or jokes which cause embarrassment or awkwardness;
i) refuse to converse or interact with anyone because of their racial or ethnic background, colour, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status, or disability;
j) make unnecessary or unwanted physical contact, including touching, patting, or pinching; and
k) demand sexual favours or requests.

Harassment which occurs in the course of or related to the performance of duties by Members of Council is subject to this policy.

A good faith exercise of performance management with respect to corporate employees for legitimate purposes by Council is not harassment.

D. COMPLIANCE WITH THE CODE OF CONDUCT

Members of Council are accountable to the public through the four-year election process. Between elections they may, for example, become disqualified and lose their seat if convicted of an offence under the Criminal Code of Canada or for failing to declare a conflict of personal interest under the Municipal Conflict of Interest Act.

E. ALLEGATIONS OF PROHIBITED ACTIVITY

Organization or individuals (including the public, Members of Council, and corporate employees) who have:
• identified or witnessed any prohibited activity by a Member of Council under this policy;
• witnessed or been subject to discriminatory treatment by a Member of Council under this policy; or
• witnessed or been subject to harassment by a Member of Council under this policy
may address the prohibited behaviour or activity by 1) Informal Resolution in the form of a Complaint Resolution meeting with Council; 2) Lodge a Complaint to the Ontario Human Rights Commission; 3) Take action in the form of contacting the Ontario Provincial Police. Each of the three above where applicable; based on the nature or form of the complaint.

F. JUDICIAL INVESTIGATION

In circumstances where liability is denied and the alleged misconduct is serious in nature, Council may pass a resolution, pursuant to x. 274(1) o the Municipal Act, requesting a judicial investigation in to the Member of Council’s conduct.

BY-LAW NO. 2007-28

A by-law to regulate the sale of municipally owned real property.

WHEREAS pursuant to Section 268 of the Municipal Act,c.25,S.O.2001, every Council shall by by-law establish procedures, including giving of notice to the public, governing the sale of real property;

NOW THEREFORE, the Council of the Corporation of the Township of Gordon enacts as follows:
1. In this by-law,
“appraisal” shall mean a written estimate of fair market value obtained from a licensed appraiser or real estate broker. The sufficiency of the appraisal shall be determined by Committee of the Whole.

“sale” shall include a lease of twenty one years or longer.

“zone” shall mean as designated in accordance with the current Zoning by-law of the Township of Gordon.

2. Before selling any real property, Council shall:
i) by by-law or resolution declare the real property to be surplus to the Municipality’s needs.

ii) obtain at least one appraisal of the fair mark value of the real property; a) an appraisal obtained on a group of properties or on an individual property within the same zone and lying within 120 meters of the subject site, may be used as the basis of calculating the fair market value of the subject site provided that 1) such original appraisal has been obtained not more than three (3) years prior to the acceptance of an offer to purchase; and 2) the Committee of the Whole is satisfied the original appraisal is an appropriate base for such calculation.

iii) give a minimum of ten (10) days notice to the public of the proposed sale. Such notice may, as deemed appropriate by the Committee of the Whole, be met by:
a) the erection of a sign on the subject site. Such sign shall be clearly visible from the nearest road; or
b) the publication of such notice in a newspaper or flyer having general circulation in the Township of Gordon & Allan West.

Regardless of the method of notice chosen, such notice shall contain as a minimum a general description and size of the property, frontage on a named street and a person to contact for additional information.

3. The provision of this by-law shall not apply to a sale or other disposition of land pursuant to subsection 210.1(2) regarding agreements for municipal capital facilities.
The provisions of this by-law shall not apply to disposition of land pursuant to a development agreement where the land is being returned to the developer as a return of security or in exchange for receipt of other lots in the development for the purpose of security, provided said other lots are first transferred to the Township.

4. Section 2(ii) respecting the obtaining of an appraisal shall not apply to:
i) land .3 metres or less in width acquired in connection with an approval or decision under the Planning act.
ii) Highways, road and road allowances.
iii) Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land.
iv) Land that does not have direct access to a highway if sold to the owner of land abutting that land.

-2-

v) Land repurchased by an owner in accordance with section 42 of the Expropriations Act.
vi) Land to be used for sites for the establishment and carrying on of industries and of industrial operation and incidental uses.
vii) Land sold under section 112, 112.1, 112.2, and 113 of the Municipal Act respecting Community Economic Development or Community Development Corporations.
viii) Easements granted to public utilities or to telephone companies.
ix) Land sold under the Municipal Tax Sales Act.

5. Section 2(ii), respecting the obtaining of an appraisal, shall not apply to the sale of real property to the following agencies:
i) Any municipality, regional or district
ii) A local board as defined in the Municipal Act
iii) An authority under the Conservation Authorities Act
iv) The Crown in right of Ontario or of Canada and their agencies.

6. Municipal services and road costs will be paid by the purchaser.

7. If the sale of the real property is initiated by an application or request from an individual or agency, such individual or agency shall bear the administrative costs associated with such sale including but not limited to the appraisal, notice and legal costs unless such requirement is waived in writing within the provisions of an offer to purchase.

8. The manner in which the Council carries out the sale of the property, if consistent with the procedures by-law and Section 193 of the Municipal Act is not open to question or review by any court if the council may lawfully sell the property, the purchaser may lawfully buy it and the council acted in good faith.

9. The Clerk shall issue and cause to be included in a deed or transfer of land, a certificate with respect to a sale of real property verifying that;
i) a procedural by-law was in force at the time of the resolution or by-law declaring the real property surplus was passed;
ii) the requirement respecting notice of the sale to the public has been published; and
iii) the required appraisal was obtained or that such appraisal was not required by virtue of an exemption provided herein.

10. The Clerk shall maintain a public register listing and describing the real property owned or leased by the municipality.

11. Section 10, respecting the establishment and maintenance of a land registry shall not apply to:
i) Land .3 metres or less in width acquired in connection with an approval of decision under the Planning Act.
ii) All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up.

12. Nothing in this by-law shall absolve Council’s right and obligations with respect to the requirements under the Act.

13. The provisions of this by-law shall come into force and take effect upon the passing thereof.

READ A FIRST, SECOND, AND THIRD TIME PASSED ON THE 4TH DAY OF DECEMBER, 2007.

_____________________________ ___________________________
Reeve Clerk

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on November 6, 2007

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on November 6, 2007 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 4th day of December, 2007

...................................................................
REEVE

.....................................................................
CLERK

BY-LAW NO. 2007-26

A by-law to approve the Engineer’s Report by K. Smart Associates Limited to revise levy assessments for the McKay-Clover hill Dairy Drain located in the Township of Gordon and the Town of Gore Bay.

WHEREAS, the McKay-Clover hill Dairy Drain was constructed in accordance with engineer’s reports adopted by the former Township of Gordon By-law;

AND WHEREAS, The Corporation of the Township of Gordon has appointed K. Smart Associates Limited to produce an Engineer’s report to address assessment levies for future maintenance of the various branches of the McKay-Clover hill Dairy Drain;

NOW THEREFORE, the Council of the Township of Gordon, under the Drainage Act, hereby enacts as follows:

1. Adoption of the McKay-Clover Hill Drain report of K.A.Smart, P.Eng, K.Smart
Associates Limited, dated October 3, 2007; attached hereto, is hereby adopted and the maintenance schedules as therein indicated and set forth is hereby authorized for future maintenance work on the McKay-Clover hill Dairy Drain.
2. All assessments as shown in the column “Report Costs” of Schedule M of the report are payable in the first year in which the assessment is imposed.
3. This by-law shall come into force and take effect upon third and final reading.

READ A FIRST, SECOND TIME The 6th day of November , 2007
READ A THIRD TIME AND FINALLY PASSED THIS 4th Day of December, 2007

___________________________ ____________________________
Clerk: Carrie Lewis Reeve: Art Madore

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on October 2, 2007

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on October 2, 2007 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 6th day of November, 2007

...................................................................
REEVE

.....................................................................
CLERK

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on September 4, 2007

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on September 4, 2007 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 2nd day of October, 2007

...................................................................
REEVE

.....................................................................
CLERK

BY-LAW NO. 2007-23

Being a by-law respecting Building permit fees

WHEREAS: Subsection 2 of Section 5 of the Building Code Act, RSO, 1990, Chapter 51, empowers council to pass certain by-law respecting building permits and inspections.

NOW THEREFORE: The Corporation of the Township of Gordon enacts the following.

Amendment to By-law #2002-02 & 2004-14.

The fee for the required permit, as set out in Schedule ‘A’ of This By-law.

Schedule ‘A”
PERMIT FEES

CLASS OF PERMIT PERMIT FEE
1) Application Fee: $150.00
Building Permit: $.40 cents per sq. foot
$.32 cents per sq. foot for 2nd floor

2) Accessory Building $150.00
$.15 cents per sq. foot
$.10 cents per sq. foot for second floor

3) Qualified Agricultural Building $150.00
(ie: hay storage, livestock facility, implement building $.08 cents per sq. foot

3) Demolition $50.00

4) Renovations Alterations to $50.00 per inspection Structural Change in addition to $150.00 application

5) Revision to existing permits Additional $50.00 plus
$.40 cents per sq. foot

6) Structural re-location $150.00 plus $.40 cents per sq. foot

7) Renewal $50.00 after a two year period

8) Re-visits caused by $50.00 per visit
deficiencies

9) Penalty $500.00
(non-compliance of fee schedule)

This bylaw shall come into force and replace any previous by-law at the time of its passing by Council
READ A FIRST, SECOND AND THIRD TIME PASSED IN OPEN COUNCIL
The 2nd day of October , 2007


___________________________ ____________________________
Clerk: Carrie Lewis Reeve: Art Madore

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on August 14, 2007

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on August 14, 2007 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 4th day of September, 2007

...................................................................
REEVE

.....................................................................
CLERK

BY-LAW NO. 2007- 21
Replacing by-law no. 93-08
A By-law setting the conditions for installation of a waterline across a road allowance

WHEREAS under Section 309 3) of the Municipal Act RSO 1980 Chapter 302, as amended, authority is granted to Council to permit installation of pipe under their highways, to have such installations maintained and to charge a fee;

NOW THEREFORE The Council of The Township of Gordon and Allan West enacts the following:

1. All landowners wishing to install a waterline across a road allowance must make application for a “Waterline Permit”
2. Standard procedure for all waterlines crossing a road must be installed a minimum of five (5) feet below the road surface or on bedrock and not disrupting the road surface.
3. All waterline installations must be installed under the supervision of the Municipality’s Road Superintendent.
4. a) If the road is hard surface treated the landowner must bore a four (4) inch hole five feet under the road surface to accommodate the waterline and the encasement.
b) If it is not possible to install waterlines without disrupting the surface, compaction and requirements for patching and future surface treatment of the road must be followed under the recommendations of the Road Superintendent
5. All waterlines must be encased in a 4” diameter pipe.
6. Maintenance of this waterline is the responsibility of the landowner.
7. Schedule I, the “Waterline Permit” forms part of this by-law.
8. Schedule II, the “Fee Schedule” forms part of this by-law.

This bylaw shall come into force at the time of its passing by Council

READ A FIRST, SECOND AND THIRD TIME PASSED IN OPEN COUNCIL

The 14th day of August , 2007

______________________ ________________________
REEVE: Art Madore CLERK: Carrie Lewis

Schedule I to By-law No. 2007-21

THE CORPORATION OF THE TOWNSHIP OF GORDON

WATERLINE PERMIT

(Installation of waterline across road allowance)
By-law 2007-21

Date______________________ No.__________

Applicant:__________________________

Mailing Address:_____________________________________

_______________________________________

Location of Waterline Installation

Township_____________________ Concession_____________Lot No.___________

Plan No._________________________________

All Waterlines must be a minimum of 5 feet below the Road Surface or on Bedrock
(Exceptions can be made only if unable to drill below road)

Encasement – minimum of 4 inch in diameter

Encasement length _______________________

Other requirements ________________________________________________________

Installation of Waterline Approved ________________ Not Approved____________

__________________________________________
Road Superintendent

__________________________________________
Signature of Applicant

Fees $100.00 if boring under road{surface treatment}
$500.00 if disrupting the surface

Schedule II to By-law No.2001-21

THE CORPORATION OF THE TOWNSHIP OF GORDON

‘FEE SCHEDULE”

Waterline Permit …………………………………………………$ 100.00 if not disrupting road surface

Waterline Permit ………………………………………………….$ 500.00 if disrupting road surface

Being a by-law to confirm the proceedings of the Council of The Corporation if the Township of Gordon at its meeting held on July 3, 2007

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5(1), provides that the powers of a municipal corporation shall be exercised by its Council;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 5 (3), provides a municipal power, including a municipality’s capacity, rights, powers and privileges under section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise and any of the matters shall be implemented by the exercise of a natural person powers.

AND WHEREAS in many cases action which is taken or authorizes to be taken by Council does not lend itself to the passage of an individual by-law;

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GORDON ENACTS AS FOLLOWS:

1. THAT the minutes of the meeting of the Council of the corporation of the Township of Gordon held on July 3, 2007 be and the same are hereby approved, and in respect of each motion, resolution and other action taken by Council at its said meeting is, except where the prior approval of the Ontario Municipal Board or other authority is by law required, hereby adopted, ratified and confirms as if all such proceedings were expressed embodied in this by-law;

2. THAT where no individual by-law has been or passed with respect to the taking of any action authorized in or by the Minutes mentioned in Section 1 hereof or with respect to the exercise of any powers by the Council , then this by-law shall be deemed for all purposes to be the by-law required for approving and authorizing the taking of any action authorized therein or thereby required for the exercise of any powers therein by Council;

3. THAT the Reeve and proper staff of the Corporation of the Township of Gordon are hereby authorized and directed to all things necessary to give to the recommendations, motions, resolutions, reports, action and other decisions of the Council as evidenced by the above mentioned to execute all necessary documents in the name of the Corporation of the Township of Gordon and to affix the seal of the Corporation thereto.

READ A FIRST, SECOND AND THIRD TIME ENACTED PASSED IN OPEN COUNCIL

The 14th day of August, 2007

...................................................................
REEVE

.....................................................................
CLERK