2017-01-09_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, January 9, 2017
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser I'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of December 5, 2016 1 - 6
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Engineering Services - Moma Heights & Greenwood Subdivision - Wastewater 7-10
Treatment Facility Upgrades (Recommendation in Report)
5.2 Saint John City Market - Assignment of Lease - Stall No. 4 (Recommendation in 11 - 16
Report)
5.3 Heritage Week 2017 (Recommendation: Refer to Clerk to prepare proclamation) 17-22
5.4 Bullying Canada Request for Financial Donation (Recommendation: Receive for 23-24
Information)
5.5 Training Partner Agreement between the Canadian Red Cross Society and the 25-54
City of Saint John (Recommendation in Report)
6. Members Comments
7. Proclamation
1 Poeta By:1
8. Delegations / Presentations
8.1 Anglophone South School District (ASD -S) Multi-year Infrastructure Planning -
Central Saint John Schools
9. Public Hearings - 6:30 p.m.
9.1 Staff Presentation - 303 Westmorland Road Section 39 Amendment
9.1.1 Planning Advisory Committee report recommending approval of
Section 39 Conditions
9.1.2 Public Notice / Application - Proposed Section 39 Amendment 303
Westmorland Road
10. Consideration of By-laws
10.1 Street Closing Bylaw Amendment - Mallette Road (3rd Reading)
10.2 Bylaw Amendment - Business Improvement Levy Bylaw (1st and 2nd Reading)
11. Submissions by Council Members
11.1 Ellen's Law and Provincial Public Safety Education Program for Active
Transportation (Mayor Darling)
11.2 Falls Restaurant Skywalk Saint John Presentation (Councillor Norton)
11.3 Canada 150 Celebrations in the City of Saint John (Councillor Norton)
12. Business Matters - Municipal Officers
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
18. Adjournment
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101 - 105
106-107
108-109
110-110
Ville de Saint John
Seance du conseil communal
Le lundi 9 janvier 2017
18 h, Salle du conseil
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal du 5 d6cembre 2016
3. Adoption de Pordre du jour
4. Divulgation de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Services d'ingenierie — Lotissement Morna Heights et lotissement
Greenwood — Modernisation de 1'installation de traitement des eaux usees
(recommandation figurant au rapport)
5.2 Marche municipal de la Ville de Saint John — Cession de bail — Etal ri 4
(recommandation figurant au rapport)
5.3 Semaine du patrimoine 2017 (recommandation : accepter a titre
informatif)
5.4 Demande de don en argent provenant de BullyingCanada
(recommandation : accepter a titre informatif)
5.5 Entente de partenariat de formation entre la Societe canadienne de la
Croix -Rouge et la Ville de Saint John (recommandation figurant au
rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et pr6sentations
8.1 Planification pluriannuelle des infrastructures du District scolaire
anglophone Sud — Ecoles dans la r6gion centrale de Saint John
9. Audiences publiques —18 It 30
9.1 Presentation du personnel — Modification des conditions imposees par
Particle 39 visant le 303, chemin Westmorland
9.1.1 Rapport du Comite consultatif d'urbanisme recommandant
Papprobation des conditions imposees par Particle 39
9.1.2 Avis public ou demande — Projet de modification des conditions
imposees par Particle 39 visant le 303, chemin Westmorland
10. Etude des arretes municipaux
10.1 Modification de 1'Arrete concernant la fermeture de routes —
Chemin Mallette (troisieme lecture)
10.2 Modification de 1'Arrete concernant la contribution pour Famelioration
des affaires (premiere et deuxieme lectures)
11. Interventions des membres du conseil
11.1 La loi d'Ellen et le programme de sensibilisation en matiere de securite
publique pour le transport actif (maire Darling)
11.2 Le restaurant Falls Restaurant — Presentation concernant la passerelle de
Saint John (conseiller Norton)
11.3 Celebrations dans la ville de Saint John pour le 150' anniversaire du
Canada (conseiller Norton)
12. Affaires municipales evoquees par les fonctionnaires municipaux
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a Papprobation du conseil
15. Correspondance generale
16. Ordre du jour supplementaire
17. Comite plenier
18. Levee de la seance
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
DECEMBER 5, 2016 AT 5:30 PM
IN THE COUNCIL CHAMBER
Present: Mayor D. Darling
Deputy Mayor S. McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 2 Sean Casey
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also
Present: City Manager J. Trail
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Commissioner of Finance and Treasurer K. Fudge
Commissioner of Growth and Community Development J. Hamilton
Commissioner Transportation and Environment M. Hugenholtz
Commissioner Saint John Water B. McGovern
Fire Chief K. Clifford
Police Chief J. Bates
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
Mayor Darling called the meeting to order.
2. Approval of Minutes
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the agenda of this meeting be approved with the addition of
items: 16.1 Business Improvement Area Budget; 17.1 City of Saint John Economic
Development Investment; and 17.2 Recommendation to Appeal Decision No.
20168061 of the Workers' Compensation Appeals Tribunal of New Brunswick to
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2016-172
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that item 16.1 Business Improvement Area Budget be brought forward
on the agenda.
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16.1 Business Improvement Area Budget
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the letter from Uptown Saint John Inc., submitting the 2017
Association Budget for the Business Improvement Area be accepted, and further,
that advertising be authorized and the date be set for Council to consider
approving the budget at the Council meeting of January 9t", 2017.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
No disclosures of conflict of interest were declared.
S. Consent Agenda
5.1 That the report M&C 2016-295: Terms of Fall 2016 Debenture Issue be
received for information.
5.2 That as recommended by the City Manager in the submitted report M&C
2016-298: City of Saint John ECMA Partnership Agreement, Common Council
approves the partnership agreement proposed by the East Coast Music
Association (ECMA) and that Council authorizes the City Manager to appoint a
City staff member to sit on the local committee.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out for each consent agenda item
respectively be adopted.
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6. Members Comments
Council members commented on various community events.
7. Proclamation
8. Delegations/Presentations
8.1 New Brunswick Youth Orchestra's Sistema Presentation
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report
entitled: New Brunswick Youth Orchestra's Sistema Presentation, Council allow
the formal presentation from the NB Youth Orchestra at the December 5th
Council meeting.
MOTION CARRIED
2016-174
04111-.�i111KI.1
year development plan, ie 2017, 2018 and 2019.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the submitted report entitled: New Brunswick Youth Orchestra's
Sistema Presentation, be referred to the Community Grants Evaluation
Committee.
MOTION CARRIED.
17.1 City of Saint John Economic Development Investment
The Mayor requested that resolution from Committee of the Whole item 17.1
City of Saint John Economic Development Investment be brought forward on the
Agenda.
Moved By Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on
December 5, 2016, Common Council adopt the following resolution:
WHEREAS Saint John Common Council has defined its priorities related to Growth
and Prosperity and the Growth Committee will be submitting a Growth Plan to
Common Council in March 2017 detailing a new strategy to coordinate and plan
for economic growth in Saint John;
WHEREAS the ability to GrowSJ and deliver on Council Priorities will requires the
continued cooperation and expertise found within the employees, board
members, funders and volunteers of the City of Saint John's economic
development partners;
WHEREAS the City of Saint John does not intend to reduce its investment into
economic development in 2017, the City does however intend to align its
investments to Council Priorities and the Growth Plan which will require a
reconsideration of the investment distribution across economic development
partners, programs, existing and new functions during the 2017 fiscal year;
RESOLVED that the City of Saint John approve an annual gross contribution of
$1,139,673 (inclusive of HST) for Discover Saint John for the 2017 budget year;
RESOLVED that the City of Saint John approve an annual contribution of
$1,015,000 to fund economic development activity outside of Discover Saint John
for the 2017 budget year;
RESOLVED that the City of Saint John approve a total contribution of $135,000 for
Saint John Industrial Parks, $135,000 for Saint John Waterfront Development and
$237,500 for Enterprise Saint John for the first two quarters of 2017;
RESOLVED that the remaining contribution to economic development after the
first two quarters of 2017 of $507,500 be distributed according to the
recommendations from the forthcoming March 2017 Growth Plan across
economic development partners, programs, existing and new functions;
RESOLVED that if additional funding is identified through the 2017 budget
development process, that Common Council direct additional funding towards
the 2017 Growth Plan implementation.
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10. Consideration of By-laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 2017 General Operating Budget
D. Merrithew outlined the 2017 General Operating Budget.
Moved by Councillor Reardon, seconded by Councillor Sullivan:
RESOLVED that the Cherry Brook Zoo $50,000, PRUDE Rent $20,000 and Human
Development Council — Grant & Rent $50,000 be removed from the Community
Development Service Grants section of the draft 2017 General Operating Budget
for Council's consideration and discussion, leaving the Community Development
Service Grants at $59,721.
MOTION CARRIED with Deputy Mayor McAlary voting nay.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the provisions of the Procedural Bylaw respecting speaking times
be suspended.
MOTION CARRIED with Councillors Sullivan and Lowe voting nay.
The City Manager commented on the city directive for managers to submit 2017
budgets with no increases in funding from 2016 levels. Although the City will
receive an increase of approximately $1,000,000 in the 2017 operating budget,
staff is not recommending a to decrease the property tax rate. A trajectory of
sustainable growth should be seen before there is a tax rate reduction. 2017 will
mark the 91" year without a tax rate increase.
Responding to question on Continuous Improvement, the City Manager
commented on the training provided to staff during the past year in the Six Sigma
program, and the collaboration with other municipalities to achieve process
improvement savings.
Responding to questions on the City Hall expenses, the City Manager commented
on the opportunity to greatly reduce the square footage currently occupied by
City Hall. An RFP process is currently underway to secure professional real estate
services to assist with this project.
The City Manager referred to the 2015 snow accumulation which caused a large
short -fall in the snow clearing budget. Staff recommends establishing a reserve
fund to assist with this type of unforeseen event.
The City Manager reiterated that at the beginning of the 2017 budget process all
departments and ABCs were tasked with creating a budget with no increase from
2016. In order to maintain budgets at the 2016 level, goods and services have
been reduced. This is a very lean budget and will be challenging to meet in 2017.
Referring to the Cherry Brook Zoo, PRUDE Rent, and Human Development Council
— Grant and Rent, the City Manager stated that it would be advisable for Council
to be provided with clarity on the financial needs of these organizations.
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2016-178
In summation, the City Manager stated staff will review the questions raised by
Council members and provide a new draft for consideration next Council meeting,
noting that Grants Funding will be challenging.
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the City Manager in the submitted report
M&C2016-302: 2017 General Operating Budget, Common Council reflect upon
the submitted report and make any and all inquiries and provide feedback to
staff; and receive the report for information.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17.2 Recommendation to Appeal Decision No. 20168061 of the Workers'
Compensation Appeals Tribunal of New Brunswick to the Court of Appeal of New
Brunswick
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole, having met on
December 5, 2016, Common Council authorize the City Solicitor or his designate
to file all necessary documentation to initiate and pursue an appeal of Decision
No. 20168061 of the Workers' Compensation Appeals Tribunal of New Brunswick
with the Court of Appeal of New Brunswick, dated October 3rd, 2016, pursuant to
subsection 23(4) of the New Brunswick Workplace Health, Safety and
Compensation Commission and Workers' Compensation Appeals Tribunal Act and
the New Brunswick Rules of Court.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Armstrong, seconded by Councillor MacKenzie:
RESOLVED that the meeting of Common Council held on December 5th, 2016 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:23 p.m.
Mayor / maire
Common Clerk/ greffier communal
COUNCIL REPORT
M&C No.
2017-001
Report Date
December 13, 2016
Meeting Date
January 09, 2017
Service Area
Saint John Water
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Engineering Services — Morna Heights & Greenwood Subdivision -
Wastewater Treatment Facility Upgrades
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Kevin O'Brien
Brent McGovern/Brian
Keenan
Jeff Trail
RECOMMENDATION
Notwithstanding the City's Procurement Policy for Engagement of Professional
Services, it is recommended that Common Council authorize staff to conduct
direct negotiations with Dillon Consulting Limited to carry out engineering
services for the Morna Heights and Greenwood Subdivision - Wastewater
Treatment Facility Upgrades project.
EXECUTIVE SUMMARY
The purpose of this report is to request that Common Council authorize staff to
conduct direct negotiations for the engagement of Dillon Consulting Limited to
carry out engineering design and construction management services for the
Morna Heights and Greenwood Subdivision — Wastewater Treatment Facility
Upgrades project.
PREVIOUS RESOLUTION
November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program
Approved.
STRATEGIC ALIGNMENT
This report aligns with Council's Priority for Valued Service Delivery, specifically
as it relates to investing in sustainable City services and municipal infrastructure.
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REPORT
BACKGROUND
The Morna Heights Wastewater Treatment Facility is located on Bay Crescent
Drive and treats wastewater from the Morna Heights area. This facility currently
serves approximately 51 residential lots and 1 school. The Greenwood
Subdivision Wastewater Treatment Facility is located on Karen Street and treats
wastewater from a portion of the Greenwood Subdivision. This facility currently
serves approximately 33 residential lots. Both of these are older, trickling filter
type facilities that do not operate efficiently and the effluent does not
consistently meet the requirements set out in each facility's Approval to
Operate. Both facilities have experienced issues with the mechanical systems in
the past and both are in need of replacement.
In 2007, the City engaged Godfrey Associates Ltd. (now part of Dillon Consulting
Limited) to complete an assessment of the Morna Heights and Greenwood
Subdivision facilities. As a follow up to the initial review, the City hired Dillon
Consulting Limited in 2014 to identify options for upgrading or replacing the
Morna Heights facility. As a result of these studies, it was determined that both
facilities needed to be replaced.
ANALYSIS
Typically, the Request for Proposal method requires a period of 7 to 8 weeks for
each substantial project. Direct Engagement provides the City the opportunity
to identify consulting firms best equipped to complete the designs in a timely
manner and significantly reduces the administrative time which is inherent with
a traditional call for proposals. The direct engagement process also affords the
City staff to fine-tune the details of the engagement in order to achieve the best
value for money for the City. The detailed design and construction management
work for this project is an extension of the work previously completed by Dillon
Consulting Limited to date on this project and it would be appropriate for Dillon
Consulting Limited to continue with this work.
Staff has considered work previously completed by Dillon Consulting Limited and
is confident in their ability to successfully carry out the work on this critical and
complex project.
Provided an acceptable agreement can be reached with Dillon Consulting
Limited, a subsequent report will be submitted to Council identifying the
negotiated fee for the engineering services required and requesting Council's
approval to engage Dillon Consulting Limited.
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The negotiations would proceed as follows:
A detailed scope of work would be developed by staff for this project and, based
on this scope of work, Dillon Consulting Limited would be required to submit their
proposed project team, work plan, schedule and a fee to complete all the work
identified. Staff would then review their submission and evaluate the proposed
fee for the project. Staff would then seek to settle on an acceptable fee with the
consultant for submission to Council.
Should staff be unable to reach an acceptable agreement with Dillon Consulting
Limited, staff would report back to Council and seek approval to negotiate with
an alternative consultant for the project or to implement a public call for
proposals.
SERVICE AND FINANCIAL OUTCOMES
The approved 2017 Water & Sewerage Utility Fund Capital Program includes
funding for the design, construction and construction management components
for both the Morna Heights and Greenwood Subdivision wastewater treatment
facilities. Partial funding for each project is proposed to come from the Clean
Water Wastewater Fund (CWWF) as part of the second round of funding
announcements as these projects represent the two highest funding priorities
under the CWWF. It is important to commence the project design and
environmental approvals process now utilizing the funds from the Utility Share
as the Clean Water Wastewater Fund Contribution Agreement stipulates that in
order for costs to be eligible under the Clean Water Wastewater Fund program,
the costs must be incurred between April 1, 2016 and March 31, 2018, meaning
that construction must be completed before March 31, 2018 which will be
challenging for projects of this complexity that require environmental approvals.
Therefore if awarded funding under the CWWF we would still receive cost
sharing on the design and the intent would be not to proceed with tendering and
construction on these projects until Clean Water Wastewater program funding
has been confirmed.
Engineering fees to cover the costs of design and construction management
generally do not exceed 15-20% of the total overall project cost, depending on
the nature of the project and the engineering services required. The costs
incurred by the Consultant would be paid in accordance with the terms of the
Request for Proposal at the rates submitted and accepted in the Consultant's
proposal not to exceed the Recommended Minimum Hourly Rates as contained
in the Association of Consulting Engineering Companies — New Brunswick fee
guidelines. The Construction Management component of the project fee
submitted with the Consultant's proposal will be based on an estimated
construction period. The final fee will be calculated based on the actual
construction management period.
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INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The engagement process and recommendation has been reviewed with
Materials Management and the City Solicitor.
ATTACHMENTS
N/a
iN
COUNCIL REPORT
M&C No.
2017-003
Report Date
December 23, 2016
Meeting Date
January 09, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Saint John City Market —Assignment of Lease — Stall "No .4"
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Kevin Loughery
Kevin Fudge
m
I Jeff Trail
RECOMMENDATION
It is recommended that City of Saint John consent to the Assignment of Lease of
Space for Stall "No. 4" from Shawarma Hut Inc. to CHS Food Ltd. as per the
attached document; and further that Mayor and Common Clerk be authorized to
execute such documentation to give effect to the hereinabove given consent.
EXECUTIVE SUMMARY
The purpose of this report is to seek Common Council's approval of the
Assignment of Lease between Shawarma Hut Inc. and CHS Food Ltd. relating to
Stall "No. 4" in the Saint John City Market.
PREVIOUS RESOLUTION
At a meeting of the Common Council held on September 24, 2012, the following
resolution was adopted:
RESOLVED that as recommended by the City Manager in the
submitted report M&C 2012-245: Saint John City Market - Lease of
Space Stall "No. 4 ":
1. Common Council Approve the Lease of space For stall "No. 4" in the
City Market with Shawarma Hut Inc. underThe terms and conditions
as set out in the Lease submitted with MC2012-245; and further
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2. That the Mayor and Common Clerk be authorized to execute the
lease.
STRATEGIC ALIGNMENT
Not applicable
REPORT
On September 24th, 2012 the City granted the lease of space in the Saint John
City Market to Shawarma Hut Inc. to operate Shawarma Hut. Recently the
Solicitor representing Shawarma Hut Inc. advised the City of his client's wish to
have the lease further assigned.
City Staff met with Chenghao Shen, the principal of CHS Food Ltd. and Nan Zhu;
and were comfortable with the prospective purchaser and his business
intentions, business acumen and capacity. Mr. Shen provided City Staff with a
financial statement, criminal record check, a vulnerable sector screening and
provided resume details pertaining to previous food management and food
preparation experience.
CHS Food Ltd. intends to maintain the current business and to operate
continuously, actively and diligently for the sole purpose of a takeout restaurant
offering Greek, Romanian and Arabic Foods including shawarma (Iamb, goat,
chicken, turkey, beef or mixture thereof cooked on a spit), falafel wraps (rib eye,
chicken, beef, pork or mixture thereof) beef sausage, cold beverages and Greek,
Romanian and Arabic desserts, as outlined in the current Lease, with the
addition of some new Asian items they believe will complement the existing mix.
SERVICE AND FINANCIAL OUTCOMES
Not applicable
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
In preparation of this report, the Facility Management Division received input
and assistance from the City Solicitor's Office and Real Estate Division.
ATTACHMENTS
Assignment of Lease of Space for Stall "No. 4"
12
I-XVITF2111"I
SHAWARIVIA HUT INC., a body corporate incorporated
under the laws of the Province of New Brunswick
("Assignor")
OF THE FIRST PART
CHS FOOD LTD., a body corporate incorporated under
the laws of the Province of New Brunswick ("Assignee")
OF THE SECOND PART
WHEREAS the Assignor has conveyed to the Assignee certain assets ("Purchased Assets") for
SHAWARMA HUT INC. located at Stall 4 in the City Market, 47 Charlotte Street, Saint John,
NB (the "Business Premises") by Agreement contemporaneously with the execution and
delivery of this Assignment; and
WHEREAS the Assignor has a Lease Agreement ("Lease") with the City of Saint John (the
"Landlord") for the tease of the Business Premises; and
WHEREAS the Assignor has agreed to assign to the Assignee all of its interest in the Lease
relating to the Business Premises;
NOW THEREFORE in consideration of One Dollar ($1.00) and other good and valuable
consideration (the receipt and sufficiency of which is hereby acknowledged by the Assignor),
the parties agree as follows.
1, The Assignor, as beneficial owner, hereby assigns to the Assignee the Assignor's interest in
the Landlord's premises under and by virtue of the Lease, with the unexpired term of the Lease
and the Lease and all benefits to be derived therefrom, subject to the payment of all moneys
required to be paid thereunder and the observance and performance of the covenants,
provisos and conditions on the part of the Assignor as Lease contained therein;
2. The Assignor covenants with the Assignee that the Lease is a valid and subsisting lease,
that all moneys required to be paid thereunder to the Leasor have been duly paid to the date
hereof, that the covenants, provisos and conditions thereof on the part of the Assignor as
Leasee have been duly observed and performed up to the date hereof, that the Assignor is
entitled to assign the Lease, that subject to the payment of the moneys required to be paid
hereunder and the observance and performance of the covenants, provisos and conditions of
the Lease the Assignee may enjoy the Lease for the remainder of the term thereof and any
renewal thereof without interruption by the Assignor or any person claiming through it, and that
the Assignor shall at all times hereafter at the request and cost of the Assignee execute such
3. The Assignee covenants with the Assignor that the Assignee will throughout the resiclue
of the term of the Lease and any renewal thereof pay the moneys required to be paid under
the Lease, and in the manner provided therein and observe and perform the covenants,
provisos and conditions on the part of the Lease therein set forth and will indemnify and
save harmless the Assignor from alll actions, suits, costs, losses, damages and expenses in
respect of such covenants, conditions and agreements.
IN WITNESS WHEREOF the parties hereto have duly executed this Assignment the day and
year first above written.
In the presence of
M
AWMIX6141afto
Per, of ;vur) 51'�-fl
Deponent:
Office Held by Deponent
Corporation:
Place of Execution:
Date of Execution:
Nicolae Ovezea
President
Shawarma Hut Inc.
Saint John, New Brunswick
December V 2016.
1, NICOLAE OVEZEA, the deponent, make oath and say'.
1 That I hold the office specified above in the corporation specified above, and am
authorized to make this affidavit and have personal knowledge of the matters
hereinafter deposed to;
2. That the attached instrument was executed by me as the officer duly authorized to
execute the instrument on behalf the corporation.
3. That the corporation has no seal.
4. That the instrument was executed at the place and on the date specified above;
5. That the ownership of a share of the corporation does not entitle the owner thereof
to occupy the parcel described in the attached instrument as a marital home.
DECLARED TO at the City of
Saint John, in the Provi,nc
New Brunswick, on the
day of December, 2016.
BEFORE ME:
John G. Riley
A Commissioner Oaths
Being a SolicitV 01
10 1 L0101 W-1 TOM
i N no telyl 10 Lei q Lei Z 0 1 RUTM 011 ; L91 0 Myl Lei
1, CHENGHAO SHEN, of the City of Saint John in the County of Saint John and Province
of New Brunswick, MAKE OATH AND SAY THAT: -
1 . l am President of CHS FOOD LTD., the Corporation named in the within Assignment of
Lease.
2. The corporate seal affixed to the within Assignment of Lease is the corporate seal of the
said CHS FOOD LTD. and was thereto affixed by the order of the Board of Directors of the said
corporation to and for the uses and purposes therein expressed and contained.
I The name "Chenghao Shen" subscribed to the within Assignment of Lease is the
signature of me, the said President and was thereto subscribed by order of the Board of
Directors of the said corporation to and for the uses and purposes therein expressed and
contained.
4. The President is the duly authorized officer of the said corporation to execute the within
Assignment of Lease.
SWORN TO at the City of Saint John, in the
County of Saint John and Province of New
Brunswick, this --L�— day of December, 2016
111-17: we] 1011 M LTI I
0
CHENGHAG-SHEN
n -
Commissioner of, paths
being a Solicitor
Bdew Nouveau
un-'swi& C;AI
C A N A D A 2 8
December 19, 2016
Mayor Don Darling
City of Saint John
15 Market Square
Saint John, NB E21- 41-1
Your Worship and Counciil:
National Heritage Day has been in existence since 1974, and was established by the
Heritage Canada Foundation to encourage Canadians to identify, protect and enhance
their natural, cultural and built heritage. In New Brunswick we set aside an entire week
for this, purpose, and focus upon a different heritage theme each year. Included within
the week's celebrations are National Flag of Canada lDay (February 11 5) and National
Heritage Day (the third Monday in, February).
In 2,017, Heritage Week will take place February 13 — 20, and the theme will be
Celebrating 150 Years — C616brons 150 ans. Thii's topic provides us with an opportunity
to celebrate New Brunswick's role in, Confederation, as well as to reflect upon the many
past contributions made by the people of New Brunswick to our nation of Canada. As a
member of the Heritage Week 2017 Celebrations Committee, I invite you to reflect upon
the individuals in your community who have helped shaped our identity, and think about
ways of commemorating their legacy during Heritage Week 2,017.
Please take a moment to review the resources and ideas presented within this package,
and think about how you can help nurture an appreciation for past individuals within
your community. CiViiG meeting places are at the heart of every community, and
Heritage Week 2017 presents an excellent opportunity to recognize this.
The attached proclamation can be easily adapted for inclusion upon the municipal
council meeting agenda for the week, and more ideas can also be found on the
Heritage Week 2017 web site located at: ht!p.-//yn�M�ib,,ca/herutaLqe.
---L
W
Tourism, Heritage & Culture I Tourisme, Patrimoinie et Culture www.gnib.ca
P.O. Box 6000, Fredericton, N8 E3B 5HI I C.P. 6000, Fredericton (Nouveau -Brunswick) E3B 5H1
Teleff6l. 506-453-2324 Fax[T616c, 506-453-2416
�47
Choose to celebrate and participate in Heritage Week 2017! All events registered by
January 31 will be Iposted on the Heritage Week web site, and will be included in
listings prepared for public distribution. All individuals and groups registering events will
also receive a "Certificate of Participation".
Join with us in celebrating New Brunswick's heritage on, February 13 to 20, 20171
Sincerely,
ynthia Wallac6-Y-Ca-sey, PhD
Heritage Branch
Enclosure
Tourism, Heritage & Culture I Tourisme, Patrimiolne et Culture
RO, Box 6000, Fredericton, NB EBB 5H1 / C.P. 6000, Fredericton (Nouveau -Brunswick) E3B 5M
Tele./T61, 506-453-2324 Fax/T616c. 506-453-2416 18
BNew"�&Nouveau
ruriswl� .
C A N A D A
December 19, 2016
Dear Friends of H'eritage:
As Minister for the Department of Tourism, Heritage, and, Culture, I invite you to
celebrate Heritage Week 2017, taking place February 1!3 to 20.
The theme for Heritage Week 2017 is Celebrating 150 years — C616brons 15O ans. This
topic will provide us with an opportunity to recognize New Brunswick's role in
Confederation, as well as, to reflect upon the many past contributions made by the
people of New Brunswick to ouir nation of Canada.
Now is the timie to begin planniIng, For this reason, our Heritage Week partners are
pleased to provide you with this resource package, commemorating 150 years of
Uetv Brunswick'si role in Confederatio-ii,
Please take a few moments to think about what you can do to recognize Heritage Week
2017, then plan and register your event.
All groups and individuals registering events, before January 31�, 210,17 will be recognized
with a Certificate of Participation. We will also assist in promoting your activity by
publicizing it on the Heritage Week 2017 web site, and circulating your information to
provincial media outlets.
Iiiiiiiiiii � !!I ! I , III � III I I I I I I 111 111 IRON 111 111 X III I ;III 1 11
M, R 57-NIMM-T mall VER 11 1 111 1 , I I
Sincerely,
ohn B. Ames' ----
Minister
Tourism, i-feritage & Culture / Tourism, Fla(rirnaine �et Culture 1w vu w, g n b, c a
P () Box 6000 Fredericton; NP E3B 5HI 11 C P 6000, Fredericton (Nouveau Oyp#Ic?) E3E 5H1
Tele./F&I 506 453 2555 Fax!Te16c 506A53 2416
BNew,,-'�7,Nouveau
runswici.
C A. N A D A
11111115311MOMM IM11 ATITTOWO
Chers amis du patrimoine,
A titre de ministre du Tourisme, du Patrimoine et d'e Ila Culture, je vous invite � c6l6brer la
Semaine du patrimoine 2017, qui se d6roulera du 13 au 20 f6vrier prochain.
La Semaine du patrimoine 2017 aura pour th6me C616brons 150 ans. Ce th6me nous
donnera I'loccasion de souligner le rule du Nouveau -Brunswick dans 11"l6tablissement de la
Conf6d6ration canadienine et de r6fl6chir aux nombreus,es contributions des gens de la
province a niotre pays, le Canada.
Le temps est veno de commencer 6 planifier des activit6s. Les partenaires du Ministere
pour la Semaine du patrimoine ont 61abor6 pour I'loccasion un ensemble de ressourc:es ein
ligne afin de commi6morer les 150 ans du rale du Nouveau -Brunswick dans la
Conf6d6ration.
Veuillez done prendre le temps de penser A ce que vous pouvez faire pour souligner Ila
Semaine du patrimoine 2017. Puffs, planifiez et inscrivez votre activit6.
Les, grouper et personnel qui ins,criront des activit6s au calendrier avant le 31 janvier 2017
recevront un certificat de participation. Le Ministibre vows aidera 6galement 6 promou!voir
vlotre activitC- en I'affi!chant sur le site Web de lla Semaine du patrimoine 2017, et en
transmettant les renseignements e ce sujet aux medias de la province,
La Semaine du patrimoine 2017 pr6sente I'loccasion id6ale de comm6morer notre passib.
Recevez, chers amis du patrimoine, mes sinc6res salutations.
Le ministre,
John B. Ames
Toudsm, Heritage & Culture Vrourismv, NO imaine est Culture W VY VV 9 n! b, C a
P 0 Box 6000 Frederickkln NB F3B 5H1 i C P 60W, FFede6don (Nouveau E3B 5H1
Tele.ITO 506 453 2555 Fax/Telk 506453 2416
7 - I
NB -CA 1867-2017
WHEREAS the second week in February is provincially recognized
as the time to celebrate our heritage; and
WHEREAS the third Monday in February is National Heritage Day in
Canada; and
WHEREAS 2017 marks the 1500 anniversary of Confederation in
Canada; and
WHEREAS the heritage that we have inherited from our ancestors
plays a vital role in providiing a unique identity to our
; and
WHEREAS this heritage provides us with a legacy to, be handed
down for the benefit and enjoyment of future
generations; and
WHEREAS
71 NEW V T-.TTZOT-.M
wishes to remember those who
have helped shaped our identity, and who have forged a
place in the history of this
$ Mayor of
do hereby proclaim the
week of February 13 -2,0, 2017 as HERITAGE WEEK in the
and Monday, February 20, 2'017
as HERITAGE DAY in the and
urge all citizens to support and participate in heritage
activities occurring throughout the
IN WITNESS WHEREOF: I have set my hand and caused the seal of the Mayoralty
of the to be affixed hereto.
21
NB -CA 1867-2017
AT'TENDI U QUE la deuxi&me semaine de Wrier est la semaine
provinciale d6sign6e pour c,616brer notre patrimoine;
ATTEND ,U QUE le troisime Ilundi de Wrier est le Jour du Patrimoine
natiional au Canada;
AT'TEN�DUI QUE I'ann6e 20,17 marque le 150e anniversaire de la
Conf&d6ration au Canada,
ATTENDU QUE le patrimoine dont nous avons h6irilt6 de nos anc6tres
foue uin r6ile fundamental dans la caract6risation unique
de
ATTENDU QUE ce patrimoine nous donne un, legs 6 transmettre aux
g6n6rations fuitures pour qu'elles pulissent en profiiter et
en jouiiir;
ET ATTENDU QUE souhaite se souvenir de ceux et celle,s
qui ont contribu6 6 fagonner notre idenitit6 et qui se cont
forg6s une place dans les annales de notre histoire-,
EN CONSWUENCE Je, maire de
, d6clare par Ila pr6sente la
sernaine du 13 au 20 f6vrieir 2017 la SEMAINE DU
PATRIMOINE � et le luindi
20 Wrier 2017 le JOUR DU PATRIMOINE
et encourage vivement
toute, la population a appuyler les, activit6s pour c6l6brer
notre patrimoine et 5 participer aux activit6s qui se
d6roulent A
E,N FEDI DE QUOI J'ai confirm6 cette declaration en, y apposant le sceau
de la mairie de
WA
20V
National Office: 471 Smythe Street, PO BOX 27009, Fredericton, NB, F3
Tel: 877-352-4497 Fax: 866-780-3592 E -Maid: Info@BullyingCanada.ca
Mayor and Council
City of Saint John
P.O. Box 1971
15 Market Square
Saint John, New Brunswick E2L4L1
December 19, 2016
No other organization stands
on the front lines of Canadian
schools to facilitate
communication between
parents and teachers that are
working to resolve a bullying
situation.
RE: FINANCIAL DONATION IN SUPPORT OF IBULLYINOCANADA INC.
Dear Mayor and Council
Every day, hundreds of Canadian children are bullied on school playgrounds. In fact, at least 1 in 3 adolescent
students in Canada reported being bullied recently Bullying has gained significant media attention in recent
years as people have come to understand how deeply it can wound children — and how tragic the
consequences can sometimes be. Now, more than ever, the work of BullyingCanada is needed. We invite the
City of Saint John, to join the organization in standing up for victims of bullying and helping to provide a safe
environment for our nation's children and youth.
A Voice for Victims of Violence
Since 2006, Bullying Canada has been the nation's "go -to" organization when it comes to Anti -Bullying
efforts. Indeed, we remain the only national charitable organization that provides Canadian youth, their
famiiies and their communities with the support, resources and information they need to prevent violence
and keep our kids safe. BullyingCanada is pleased to service every community in Canada, including the City
of Saint John.
National run charity
BulyingCanada maintains its operation through private donations, fundraising events and campaigns,
corporate sponsorships, ongoing expansion of volunteer resources and careful revenue management. In
2015, 99% of our funds were used to deliver our programming, while the remaining 2% went to
administration. Despite our best efforts, it is a challenge to keep pace with the growing demand for our
services and resources. That is why we are asking for the City of Saint John's support.
Need for strong, urgent action
Bullying is a national crisis that demands strong and urgent action, Consider the following:
- Canada has the 9th highest rate of bullying in the 13 -years -olds category on a scale of 35 countries
- 64 % of Canadian youth report being bullied at school; 12 % regularly
- 47% of Canadian parents report having a child victim of bullying
- 89 % of Canadian teachers said bullying is a serious problem in our public schools
Our communities are filled with young people whose dreams and futures are being shattered by the
Charitable Registration Number: 82991789711130001
23
Mu,,T11,T1,1,,;,1 7-miNit"WIR, "s
National Office: 47lSmythe Street, POBOX 27O09 Fredericton, NB, [3R9M1
Tel: 877-352-4497 Fax: 8G8-780- 592 E'MaU:|nfo@BuUyingCanada.ca
devastating impact of emotional and physical torment. We all have a responsibility to speak out against
bullying and show support for our young people.
Bu|lyingCauadaPmograno
Adonation from the City ufSaint John, will support our flagship programs:
National 24/7Telephone Support Network
BullyingCanada volunteers used a solution -based support model to effectively address the caHer's
immediate issues. We also make referrals to other community-based agencies, allowing our organization to
develop partnerships so that we know callers are being sent to qualified providers.
|w2015 wereceived 574,710calls toour oatloma|toll-free support system, up280,@0Ocalls or38% from
the previous year.
In the first week of November, 2016 alone we heard from 10,811 callers. We also see a comparable
increase in mails from parents, students and educators requesting our assistance.
|m2Q1S,wereceived 3O5,954email and Chat requests, triple the number from 2U14.
Website
In 2W15' our website received nearly million page views, up 220'000from the previous year.
Youth Voices Speaking Program
Since 2006, nearly Z,O0Oworkshops have been provided.
Bullying is a major problem for Canadian children that we can no longer afford to ignore.
We all have the power to keep kidsxaha. Bullying should never be a part of anyone's childhood.
We are pleased to say, the V|||ageof8e||edune' located in New Brunswick, has donated $5' 000, for
the fourth consecutive year, The Village ofBe||adune has a population of 1'548 asof2O1l. We ask
that the City of SaintJohn, consider making a donation as the Village of Belledune has.
We ask that you please advise is by return mail if financial donation will be mode, Upon request,
we'd be happy to provide you with a more detailed Case for Support, along with Financial Statements,
along with |uca|statistics for Calls for Services from the City ofSaint John.
Sincce|y,
^� �7
Rob 8eno-Fenette,0.N.8
Cn'Exeo8iveDirector /Co -Founder
Bu|1yingCanada|nc
Charitable Registration Number: 829917897RROOOI
COUNCIL REPORT
M&C No.
2017-004
Report Date
December 23, 2016
Meeting Date
January 09, 2017
Service Area
Public Safety Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Training Partner Agreement between the Canadian Red Cross Society
and the City of Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadL4
City Manager
Barry Oickle
Kevin Clifford
m
I Jeff Trail
RECOMMENDATION
It is recommended that Common Council adopt the following resolution:
RESOLVED that the Mayor and Common Clerk be authorized to execute the
Training Partner Agreement between the Canadian Red Cross and the City of
Saint John in the form attached to this report.
EXECUTIVE SUMMARY
All Saint John Firefighters are trained to the medical first responder (MFR) level
as part of the need to be able to respond and care for first aid needs of its own
responders. Given the need for firefighters to sustain MFR competence; MFR
service is a natural and inexpensive component to the list of six fire services
mandated by Common Council. MFR competence is an advance level of first aid
training that allows for patient assessment and treatment prior to paramedics
arrival at an emergency scene. The City of Saint John MFR service is responsible
for saving lives on an annual basis (COSJ data) and being a significant contributor
to social wellbeing of at risk citizens (Dr. Susan Braedly, Carlton University)
The Saint John Fire Department acquires and sustains its MFR competence
through an internal training program whereby fire department employees
provide the necessary training to its own staff. The 2017 Service Based Budget
offered that the fire service would investigate / examine opportunities to
champion the delivery of MFR training (to other people/agencies) through its
new live fire training campus. A partnership with Canadian Red Cross will better
OR
-2 -
enable Saint John Fire to explore revenue opportunities as it relates to providing
various first aid related courses to the market place.
The Training Partner Agreement will allow the Saint John Fire Department to
deal directly with the Canadian Red Cross (as opposed to working through a third
party) saving administrative costs and more easily explore other the revenue
opportunities as noted above, and identified in the list of subject matter courses
attached to this report.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
This Training Partner Agreement directly engages three distinct Common Council
priorities. The medical response service contributes to the overall safety of our
citizens and more particularly provides support to our at -risk citizens. The
medical first response service is an efficient and cost effective component of the
fire service. Providing emergency care to sick and injured residents, employees,
and visitors through existing emergency service programs represents significant
value with tremendous outcomes. Finally using the acquire skills to explore
economic opportunities aligns to common council's economic growth priority
and the city's own revenue generation initiative.
SERVICE AND FINANCIAL OUTCOMES
This Training Partner Agreement with the Canadian Red Cross will support the
fire service in sustaining the City employee's first aid skill requirements, as well
as provide opportunities to generate revenue as part of the fire training academy
revenue project.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City Solicitor's Office has reviewed the attached Training Partner Agreement
ATTACHMENTS
Red Cross Agreement
Schedule A-2
Schedule A-6
Schedule A-7
Schedule B
Red Cross Customer Account Form
41.1
Prevention and Safety Training Partner
PS16
Agreement
CANADIAN
The Canadian Red Cross Society
November 4, 2016
AXI
TRAINING PARTNER AGREEMENT
THIS AGREEMENT is between
The Canadian Red Cross Society, a charitable corporation incorporated under the relevant laws
of Canada, having its head office in the city of Ottawa, in the Province of Ontario (Hereinafter
referred to as the "CRCS")
and
The City of Saint John, an Organization (as defined herein), having its head office in the city of
Saint John, in the Province of New Brunswick (Hereinafter referred to as the "Training Partner")
WHEREAS CRCS has created and delivers Prevention and Safety training programs which include
national program standards that are designed to meet the requirements of applicable federal and
provincial legislation (the "Program");
WHEREAS CRCS delivers the Program partly through its own personnel as well as through
independent CRCS Training Partners ("Training Partners") that who employ or otherwise use the
services of CRCS certified Instructors/Trainers ("Instructors /Trainers");
AND WHEREAS the Training Partner wishes to deliver one or more of the Training Courses that
form part of the Program, either to their own employees or to other third parties such as individual
participants;
AND WHEREAS the Training Partner has been approved as such by the CRCS;
NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the
mutual covenants, agreements, representations, warranties and indemnities herein contained and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the CRCS and the Training Partner (collectively the "Parties" and each a "Party")
covenant and agree as follows:
1. CONTEXT
1.1 The Training Courses offered and delivered by the CRCS within the Program are designed
in accordance with standards and requirements of federal and provincial/ territorial
regulations and legisltation including but not limited to Occupational Health and Safety
regulations and Child Protection Acts and share the goal of creating safe environments, free
from violence and abuse.
1.2 The purpose of this Training Partner Agreement (the "Agreement") is to establish the roles
and responsibilities of the Parties as they relate to Program, and to define the parameters for
cooperation between the Parties.
VIII
PSI <
K-11
1.3 The delivery of the Program by Training Partner shall be done in a manner that is consistent
with the Fundamental Principles of the International Red Cross and Red Crescent
Movement, which impose, in the context of this Agreement, collaboration and cooperation
between the Parties to offer flexible, affordable, accessible and high quality Training
Courses.
1.4 The Training Courses must be delivered in accordance with the CRCS National Program
Standards, as they may be amended from time to time, and are available to the Training
Partner on the Training Partner website at www.redcross.ca/myrc (the "Website").
Amendments to the CRCS National Program Standards will be notified in accordance with
Section 6 of this Agreement.
2. INTERPRETATION
2.1 DEFINITIONS
For the purpose of this Agreement, the following terms and phrases shall have the following
meanings:
a. "Authorized Representative" shall mean an individual with signing authority within each
Party's organization and therefore capable to commit the Party to the obligations provided
for in this Agreement.
b. "Business Day" shall mean a day on which Training Partner's and the CRCS's offices are
open for operations and excludes Saturday, Sunday and any other day which is a statutory or
legal holiday in Canada.
C. "Calendar Days" shall mean all days in a month, including weekends and holidays.
d. "Context" shall mean, for the purposes of Section 1 of this Agreement, the general
description of the nature and purpose of the Agreement, and the obligations of the Parties
derived thereof. This Section forms part of the Agreement and may be used to interpret
another section of the Agreement as well as the scope of the rights and obligations of the
Parties under this Agreement.
e. "Corporation" shall mean to include organizations that have been incorporated under the
laws of a province or under the federal laws of Canada, and any other corporation carrying
on business in compliance with the laws of Canada.
f. "CRCS Logo" shall have the meaning provided for in section 8.5 of this Agreement.
g. "CRCS Swim Logo" shall mean the logo presented in the CRCS Swim Identity Guide,
available www.redcross.ca/mom.
PSI 6
Wel
h. "CRCS Training Partner Logo" shall mean the logo presented in the CRCS Training
Partner Graphics Guide, located at www.redcross.ca/myrc.
i. "Organization" shall mean to include but shall not be limited to individuals or institutions
that are not Corporations but operate in compliance with all applicable municipal, provincial
and federal laws in Canada, such as sole proprietorships, partnerships, government agencies,
non -Corporate health organizations, not-for-profit organizations, educational institutions,
and First Nations, Metis and Inuit communities.
"Grave Error" shall mean, for the purposes of Sections 9 and 10 of this Agreement,
deviation from accuracy or correctness in the CRCS manuals or written materials of such
nature that can reasonably be expected to cause substantial harm to an individual who is
relying on the accuracy or correctness of the document in which the error is contained.
k. "Instructors/Trainers" shall mean an individual who holds a current CRCS certification to
teach the Training Courses selected in Schedule A (Statement of Services)of this Agreement.
1. "License" shall have the meaning provided for in section 8.1 of this Agreement.
M. "Participants" shall mean the individuals taking the Training Courses delivered by the
Training Partner.
n. "Quality Assurance Program" shall mean the CRCS strategy designed to monitor and
evaluate the various aspects involved in the delivery of the Program by the Training Partner,
in order to ensure that the quality levels required by the CRCS are met consistently.
o. "Self Insurance" shall mean the use of non-traditional insurance mechanism where
insurance losses are self -retained and paid from an adequately funded captive, insurance pool
or financial reserve.
P. "Statement of Services" shall mean the terms and conditions establishing the
responsibilities of the Parties under this Agreement, which are contained in Schedule A
(Statement of Services) of this Agreement.
q. "Training Courses" shall mean the courses and/or training programs that form the
Program, as selected in Schedule A (Statement of Services) of this Agreement.
2.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties
with respect to the matters herein, and supersedes all prior agreements (except as specifically
provided for in this Agreement), understandings, negotiations and discussions, whether oral
or written, of the Parties. The execution of this Agreement has not been induced by, nor do
either of the Parties rely upon or regard as material, any representations or writings whatever
not incorporated herein and made a part hereof.
2.3 Binding on the Parties. The Parties intend this Agreement to be a legally binding contract
and signify their acceptance of this principle upon signing it.
PS1< Init
W
2.4 Schedules. This Agreement includes all of the Schedule s annexed to it (listed below), the
terms and conditions of which are expressly incorporated by reference herein and form a
part hereof:
Schedule "A" Statement of Services
Schedule B" CRCS Standard Terms and Conditions of Sale
2.5 No Warranty or Representation. The Parties do not make and have not made or given any
warranties, representations or covenants respecting the subject matter of this Agreement,
save and except as expressly stated in this Agreement.
2.6 Translation. The Parties acknowledge that this Agreement and all documents relating
hereto were executed in English. Should this Agreement be translated into any other
language, in the event of a discrepancy in the interpretation of its meaning, the English
version shall prevail.
2.7 Conflict. If there is a conflict between any provision of this Agreement and any provision of
another document contemplated by, or delivered under, or in connection with, this
Agreement, the relevant provision of this Agreement is to prevail.
2.8 Time is of the Essence. Time shall be of the essence in all provisions of this Agreement.
2.9 Severability. If any provision of this Agreement is, or becomes, illegal, invalid or
unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that
provision will not affect:
(a) the legality, validity or enforceability of the remaining provisions of this Agreement; or
(b) the legality, validity or enforceability of that provision in any other jurisdiction.
2.10 Currency. Unless otherwise specified, all monetary amounts are stated in Canadian dollars
("CDN V).
2.11 Independence. Nothing in this Agreement provides for a joint venture, partnership,
agency, franchise, dealership, distributorship or employment relationship between the
Parties. The Parties remain at all times and for all purposes independent legal entities. The
Parties understand that the word `partner' in the term "Training Partner" used in this
Agreement is intended to emphasize the cooperative nature of the relationship. The Parties
agree that they are not partners in the strict legal sense. The acts of one Party will not in any
way bind the second Party, the Parties share no expectation of profit and no joint or several
liability is created as a result of this Agreement.
2.12 Headings. The headings of the articles and sections in this Agreement are included for
convenience of reference only and are not intended to be a part of or to affect the meaning
or interpretation of this Agreement.
3. TERM
t VIII PSI 6
31
3.1 This Agreement shall commence on the date of its execution by the last Party and shall
remain in effect for a period of five (5) years (the "Term") and may be renewed for
additional two (2) year periods ("Renewal Term"), unless the Agreement is terminated in
accordance with Section 9of this Agreement. At least thirty (30) Calendar Days prior to the
expiration of the Initial Term, the Parties shall provide Notice of their intent to renew the
Agreement.
4. SERVICES
The terms and conditions under which Training Courses are delivered by the Training
Partner are set out in the Statement of Services contained in Schedule "A" of this
Agreement.
5 FEES
5.1 The Parties agree that in carrying on the activities under this Agreement, the Training
Partner shall be responsible for the payment of the annual fees (where applicable) plus the
applicable taxes and any other fees associated with being a CRCS Training Partner as
specifically described in Schedule "A" (Statement of Services) to this Agreement, as well as
for purchasing certain products and services from the CRCS. Payment of fees as well as any
purchase made shall be done in accordance with the terms provided for in Schedule "A"
(Statement of Services) to this Agreement.
6 RESPONSIBILITIES OF THE CRCS
During the Term of this Agreement, the CRCS shall:
a) Make available, up-to-date Program manuals and materials that meet the
federal/provincial/territorial legal or regulatory requirements and current CRCS National
Standards.
b) provide Training Partner with quarterly updates through Newsletters and bulletins such as
"E -news"
c) provide Training Partner access to Training Course updates, revisions, access to resources,
support and training as required
d) maintain a certification registry of all Instructors/Trainers who successfully complete
relevant certification requirements
e) provide Training Partner with the technical support necessary to clarify or explain any
information contained in the CRCS manuals or any other CRCS written material
PSI 6
0
0 provide access to developed marketing materials as they relate to the delivery of the Program
g) maintain a Quality Assurance Program as defined in Section 2 of the Agreement
h) inform Training Partner, within ninety (90) days, of any changes to the price list of training
materials, services, and products
i) inform Training Partner of any changes to relevant national standards
j) make available on the Website the requirements with respect to classroom and facilities,
resources, equipment and supplies and other learning resources
Q make available to Training Partner the CRCS Code of Conduct, Child Protection Policy and
Social Media Guidelines as guiding principles for the delivery of CRCS programs (available
at www.redcross.ca/myrc).
7 NOTICES
7.1 All notices, requests, demands, or other communications (collectively called "Notices") by
the terms hereof required or permitted to be given by one Party to any other Party, or to any
other person, shall be given in writing by personal delivery or by registered mail, postage
prepaid, or by email. The Parties agree that in certain circumstances, the CRCS may when
the content of the communication so permits, communicate with the Training Partner
through the Website.
The address of each Party for any such Notice shall be as follows:
CRCS:
The Canadian Red Cross Society
170 Metcalfe St
Ottawa Ontario Canada
K2P 2P2
Attention: National Prevention and Safety
Contact Centre
Email: myresupport@redcross.ca
Training Partner:
City of Saint John
P.O. Box 1971
Saint John, New Brunswick
E2L 4L1
Attention: Common Clerk
Email:
commonclerk(o,saint] ohn.ca
or at such subsequent address given by such Party to the other Party hereto by a Notice in
writing from time to time.
7.2 All Notices shall be deemed to have been received when delivered or transmitted or, if
mailed, ten (10) Business Days after the day of the mailing thereof.
7.3 If any Notice shall have been mailed and if normal mail service shall be interrupted by strikes
or other irregularities, such Notice shall be deemed to have been received ten (10) Business
Days after the day that normal mail service is resumed, provided that during the period that
PS1< Init
093
normal mail service shall be interrupted all Notices shall be given by personal delivery or by
facsimile transmission.
7.4 Primary Contacts. During the Term, Training Partner and CRCS shall appoint a nominee
(the "Primary Contact") to manage the relationship between the Parties and ensure
compliance with the terms of this Agreement. For the Term of the Agreement the Primary
Contact shall be as follows:
Training Partner:
Fire Chief
Saint John Fire Department
firensaintjohn.ca (506) 658-2910
CRCS:
Canadian Red Cross
m, r�pport(a�redcross.ca 1 1-877-356-3226
Upon written notice to the other Party, either Party may change its designated Primary
Contact person.
8 INTELLECTUAL PROPERTY
8.1 Grant of License. The CRCS grants the Training Partner a non-exclusive, limited license to
use the CRCS name, and the CRCS Training Partner Logo (and/or the CRCS Swim Logo, if
applicable) only for the Purpose of and for the Term of this Agreement, as presented in the
CRCS Training Partner Graphics Guide (and/or the CRCS Swim Identity Guide if
applicable) (the "Graphics Guides"), available on the Website, subject to the restrictions
set out in such Graphics Guides and the terms and conditions set out herein (collectively the
"License").
8.2 License. The Training Partner may not grant any sublicenses of the License to any third
party.
8.3 Reservation of Rights. All rights not expressly granted to the Training Partner herein are
reserved by the CRCS. The use of a CRCS logo other than the Training Partner logo (and/or
the CRCS Swim Logo), as well as the use of the Training Partner logo (and/or the CRCS
Swim Logo) for purposes not contemplated in this Agreement, shall require prior written
approval by CRCS.
8.4 Consistent Quality and Safety. The Training Partner is responsible for the consistent
quality and safety of the License.
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8.5 The Emblem. The Red Cross Emblem consists of a red cross on a white background and is
universally recognized as a symbol of protection and neutrality. Conversely the CRCS Logo
is the Red Cross Emblem plus the phrase "Canadian Red Cross" Or "Croix -Rouge
canadienne" as set out in the CRCS Graphic Standards. Use of the Red Cross Emblem
alone is strictly prohibited.
8.6 CRCS Ownership. The Training Partner acknowledges the CRCS's exclusive right, title,
and interest in, and to, the License. Further, the Training Partner agrees and acknowledges
that the Training Partner's use of the License shall inure to the CRCS's benefit. The
Training Partner shall not commit, or cause any third party to commit, any act challenging,
contesting or in any way impairing or attempting to impair the CRCS's right, title, and
interest in, and to, the License.
9. TERMINATION
9.1 Either Party may terminate this Agreement at any time by giving thirty (30) Calendar Days
written notice pursuant to Section 3 of its intention to the other Party (the "Termination
Notice Period"). Under these circumstances, the Agreement will terminate upon expiration
of this Termination Notice Period.
9.2 Either Party may terminate this Agreement at any time upon written notice to the other if
the other Party defaults by failing to perform any obligation on its part under this
Agreement, including but not limited to those set out in Schedule "A" (Statement of
Services) of this Agreement and, in the case of the Training Partner, making an unauthorized
use of the License granted under section 8.1 of this Agreement. The termination will become
effective thirty (30) Calendar Days after receipt of written Notice unless during the relevant
period of thirty (30) Calendar Days the defaulting Party has remedied the default or (if the
default is not capable of remedy within thirty (30) Calendar Days) is diligently proceeding to
cure the default by taking active effective and continuing steps to do so and the default is in
fact cured within ninety (90) Calendar Days after receipt of the relevant Notice.
9.3 The CRCS shall have the right to terminate this Agreement upon thirty (30) days prior
written notice to the Training Partner in the event that there is a change in control of the
Training Partner, regardless of whether such change of control occurs by virtue of a share,
debt, asset or other transaction or circumstance. In this Section 9.3, the term "Control"
means the ability, whether directly or indirectly, to direct the affairs of another by means of
ownership, contract or otherwise.
9.4 The CRCS shall be entitled to suspend or terminate this Agreement immediately and without
notice if:
(i) The Training Partner, any of its directors, employees, volunteers or subcontractors
does anything that in the reasonable opinion of the CRCS brings or could bring the
Training Partner Logo, the CRCS Swim Logo, the CRCS Logo or reputation of the
CRCS into disrepute; including, but not limited to a director, employee, volunteer or
PSI 6
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subcontractor of the Training Partner being charged with, pleading guilty to or
convicted of an offence under the Criminal Code;
(ii) A resolution is passed for the voluntary or compulsory liquidation of the Training
Partner or a receiver is appointed over all or part of its business or if the Training
Partner as an individual has a bankruptcy petition presented against him or her;
(iii) The Training Partner participates in, allows, or fails to control, conduct that could
reasonably be seen as (i) injurious to the reputation of the CRC or its programs; (ii)
discriminatory; or (iii) capable of jeopardizing the dignity safety and security of the
Participants. In investigating such conduct, the CRCS will act reasonably and shall
consider the particular circumstances of each case; or
(iv) The Training Partner does not deliver any CRCS courses within a period of eighteen
(18) months.
9.5 Upon termination of this Agreement for any cause under this Section 9, or upon suspension
as the case may be, the CRCS will:
a) Notify Training Partner and any Instructors/Trainers who the CRCS is aware work
for the Training Partner about the termination or the suspension of the Agreement;
b) Deny Training Partner access to the CRCS Training Partner website
c) Use reasonable efforts to ensure that the courses undertaken by Training Partner are
continued by CRCS directly or by another Training Partner and that Participants and
Instructors/Trainers are as minimally affected as possible.
9.6 Upon termination of this Agreement for any cause, or upon suspension as the case may be,
Training Partner shall:
(a) Immediately cease using the License, including the CRCS name, the Training Partner
Logo, the CRCS Swim Logo or the CRCS Logo if applicable, in any capacity;
(b) Immediately cease to hold itself out as a CRCS Training Partner;
(c) Bring all accounts with the CRCS up to date and pay all amounts owing to the CRCS
within thirty (30) Calendar Days following the termination or suspension.
(d) Be entitled to return to CRCS the materials purchased from CRCS, for either full or
partial refund. Such refund shall depend on whether they are, in the sole opinion of
the CRCS, unused, resalable and current.
(e) Immediately provide to CRCS a list and details of Training Courses they are
delivering or scheduled to deliver and Participant contact info; and
(f) Immediately submit all Training Course Participant rosters to the CRCS.
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10. LIABILITY
10.1 CRCS shall not be liable for any injury, loss, damage or death occasioned to, or suffered by,
any person or persons or to any property arising, or alleged to arise, from the Training
Partner's performance of its obligations under this Agreement, save and except to the extent
such injury, loss, damage or death results from, or is occasioned or suffered by reason of, a
Grave Error contained in the CRCS materials upon which Training Partner relies to teach
the Courses, provided the Training Partner is using the most recent official version of these
materials, has obtained them directly from the CRCS, and has not in any way altered them
directly or has acquiesced or consented to their alteration by a third party.
11. INDEMNIFICATION
11.1 Training Partner shall indemnify and keep CRCS fully indemnified against all liabilities costs
and expenses in respect of claims brought against CRCS by third parties in relation to death
or injury to persons or loss of, or damage to, property where and to the extent that such
death, injury, loss or damage is attributable to its wilful or negligent act or omission, or that
of its employees, agents, or others whom Training Partner is reasonably responsible for at
law.
11.2 CRCS shall indemnify and keep Training Partner fully indemnified against all liabilities, costs
and expenses in respect of claims brought against Training Partner by third parties in relation
to death or injury to persons, or loss of, or damage to, property, exclusively where and to the
extent that such death, injury, loss or damage is attributable to a Grave Error, as this term is
defined in section 2 of this Agreement, contained in the CRCS manuals or other materials
upon which Training Partner relies to teach the Training Courses, and provided the Training
Partner has used the most recent official version of the materials, has obtained them directly
from the CRCS and has not in any way altered them directly, or has acquiesced or consented
to their alteration by a third party.
11.3 The indemnified party shall:
(a) promptly notify the other Party of the claims;
(b) allow the other Party, if the Party so requests, to conduct and control (at the requesting
Party's sole cost and expense) the defence of such claims and any related settlement
negotiations; and afford all reasonable assistance to the other Party (at the other Party's
sole cost and expense) and make no admission prejudicial to the defence of such claims.
12 CONFIDENTIALITY
12.1 Confidentiality Obligations. Each Party agrees that they shall not disclose Confidential
Information to any third party, except to its directors, officers, employees or volunteers, with
a need to know in regard to this Agreement, without the express written consent, nor make
VIII PS 16
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use of any Confidential Information other than in the performance of this Agreement. Each
Party further agrees to protect Confidential Information from transfer or disclosure to
others by use of the same measures that each Party uses to protect its own Confidential
Information, but not less than reasonable measures.
12.2 Confidential Information. "Confidential Information" means any information or material
that relates to each Party's business and affairs including Client's donor lists and any
information relating to the suspension or termination of this Agreement, and that: (i) is
clearly marked "confidential" or "proprietary" if provided in written form, (ii) is preceded by
a statement that such information is confidential or proprietary, if provided in oral form, or
(iii) given the circumstances surrounding disclosure, should in good faith be treated as
confidential or proprietary.
12.3 Exclusions. Confidential Information shall not include any information that: (i) is in the
public domain at the time of its communication; (ii) is independently developed by each
Party (iii) entered the public domain through no fault of the receiving Party subsequent to
communication with the other Party; (iv) is in possession of the receiving Party free of any
obligation of confidence at the time it was communicated to the receiving Party; or (v) is
communicated to the receiving Party by a third party under no legal obligation to maintain
the confidentiality of the information. Additionally, each Party may disclose such
Confidential Information to the extent required by legal process; provided that, prior to
making any such disclosure, each Party shall notify the other Party of same and that each
Party shall have the right to participate with the other Party in determining the amount and
type of Confidential Information, if any, which must be disclosed in order to comply with
any such legal process.
12.4 Publicity. Each Party will seek approval of the other Party before any external
announcement regarding this Agreement or the Services that this Agreement provides for.
Neither Party shall issue any press releases related to this Agreement or the Services without
the prior written approval (not to be unreasonably withheld) of the other Party.
13 PROTECTION OF PERSONAL INFORMATION AND CONSENT TO USE OF
PERSONAL INFORMATION
13.1 The Training Partner recognizes that any information concerning the officers, directors,
volunteers, donors, employees, customers, and other individuals about whom CRCS holds
information may be subject to the requirements of the Freedom of Infoa-mation and Protection of
Privacg Action Act (Ontario; the Personal Infoa-mation Protection and Electronic Documents Act (S.C.
2000, c.5) as amended-, the Personal Health Information Protection Act, 2004, and any other law(s)
governing privacy in Canada, including the provincial legislation respecting protection of
privacy applicable in the province where the Training Partner operates.
13.2 The Training Partner consents to the collection, use and disclosure of the information about
the Training Partner as may be required to facilitate the purposes of this Agreement, and
facilitate and promote the operations of the CRCS, in accordance with privacy law to which
the Training Partner may be subject.
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CRCS recognizing that the Training Partner Saint John Fire Department is subject to the
New Brunswick Right to Information and Protection of Privacy Act.
13.3 The Training Partner shall keep confidential and not divulge, or use without the written
consent of the CRCS, any personal information about an identifiable individual (including,
but not limited to, the name and address of an individual) provided to the Training Partner
by the CRCS or obtained by the Training Partner from any other source, except as required
by the Training Partner in order to carry out its obligations under this Agreement, and in
accordance with the privacy law to which the Training Partner may be subject. The Training
Partner shall not destroy any information about an identifiable individual unless expressly
instructed to do so in writing by an Authorized Representative of the CRCS.
14 INSURANCE
14.1 Training Partner shall be responsible for maintaining insurance on its properties and assets
and for the operation of its organization in such amounts and against such risks as would be
customarily obtained and maintained by a prudent owner of similar properties and assets
operating a similar operation, including appropriate third party liability insurance in an
amount no less than two million ($2,000,000.00) dollars.
14.2 The CRCS will be added as an additional insured under all liability insurance policies taken
out by the Training Partner with respect to the performance of this Agreement.
14.3 The Training Partner will provide certificates of insurance, upon request by the CRCS,
evidencing that required coverage is in place at all times during the Term of this Agreement.
14.4 If Training Partner is an Organization, as this term is defined in section 2 of this Agreement,
who is self-insured, the CRCS may accept, at its own discretion, that the insurance coverage
referred to in subsection 14.1 be maintained through a self-insurance program, provided it
meets the CRCS requirements.
Upon acceptance by the CRCS of the self-insurance program employed by Training Partner,
the Training Partner shall include the CRCS under such program as an additional insured or
provide a waiver of subrogation in favour of CRCS.
CRCS reserves the right to reject, in whole or in part, the self-insurance program of the
Training Partner and may, in its own discretion, require commercial insurance coverage.
15 FORCE MAJEURE
15.1 If either Party is delayed, or interrupted in, or prevented from the performance of its
obligations hereunder by reason of an act of God, fire, flood, war, acts of terrorism, public
disaster, strikes or labour difficulties, governmental enactment, regulation or order, or any
other cause beyond its control, and if such Party has given the other Party prompt notice
thereof and, on request, such confirmatory documentation as the other Party may reasonably
request and has in good faith kept the other party apprised of when the delay, interruption
Init
13 PS1<
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or prevention is expected to be resolved, the time for the performance of the Party's
obligations will thereupon be extended for a period equal to the duration of the contingency
that occasioned the delay, interruption or prevention, but not exceeding sixty (60) days
unless otherwise mutually agreed. If the force majeure condition continues for more than
sixty (60) days, either Party may terminate this Agreement upon written notice to the other
Party.
16 RECORDS AND REPORTS
16.1 The Training Partner shall keep accurate records of all matters related to
(i) The delivery of the Program to be carried out by the Training Partner under this
Agreement, and
(ii) Compliance by the Training Partner with its obligations under this Agreement.
16.2 The Training Partner shall report to the CRCS at such times, in such manner and with
respect to such matters, as the CRCS may reasonably require with respect to this Agreement.
17 QUALITY, INSPECTION AND AUDIT
17.1 The Training Partner shall, and shall cause its subcontractors and agents to, provide the CRCS
(through the CRCS's Authorized Representatives) with such records, reports and access to
premises as the CRCS may reasonably request for the purposes of conducting an audit to
determine compliance by the Training Partner with its obligations under this Agreement
including, but not limited to, compliance with its obligations under Section 16.1.
17.2 For the purposes of Section 17.1, the CRCS shall have complete access to, and may examine,
audit, and take copies and extracts from, all records including, but not limited to, all activity
logs, time sheets, books of account, vouchers, cheques, papers, certificates, licences and other
documents that relate to this Agreement.
17.3 For the purposes of ensuring continued compliance with its obligations under Section 4 and
Schedule "A" (Statement of Services) of this Agreement, the Training Partner shall provide
the CRCS with complete access to audit any Training Course offered by the Training Partner.
18 GENERAL PROVISIONS
18.1 Enurement This Agreement shall be binding upon and enure to the benefit of the Parties,
their respective successors and permitted assigns.
18.2 Assignment. Neither Party may assign, subcontract or in any way transfer or delegate any of
its rights or obligations hereunder except with the prior written consent of the other Party
hereto. Any assignment carried out without such consent is null and void.
PSI 6
18.3 Contractual Commitments with Third Parties. The CRCS shall not be held liable for any
contractual commitments entered into by Training Partner with any third party for the
performance of the obligations, duties or responsibilities under this Agreement.
18.4 Agreements with Other Training Partners. Nothing in this Agreement shall be construed
to preclude the CRCS from entering into agreements in other territories similar to this
Agreement with other parties or Training Partners.
18.5 Non -Waiver. No waiver by any Party of any breach by the other Party of any of its
covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach
of the same or any other covenant, obligation or agreement, nor shall any forbearance in
seeking a remedy for any breach be a waiver of any rights and remedies with respect to such
or any subsequent breach.
18.6 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and all of which together shall be deemed to be one and the
same instrument. All counterparts so executed shall constitute one agreement binding upon all
Parties, notwithstanding that all Parties are signatory to the original or the same counterpart.
18.7 Transmission by Facsimile. The Parties hereto agree that this Agreement may be
transmitted by facsimile or a similar device and that the reproduction of signatures by
facsimile or such similar device will be treated as binding as if originals and each Party hereto
undertakes to provide the other Party hereto with a copy of the Agreement bearing original
signature forthwith and upon demand.
18.8 Survival. The termination of this Agreement will not affect the survival and enforceability of
any provision of this Agreement which is expressly or impliedly intended to remain in force
after such termination.
18.9 Amendment. This Agreement may be amended only by way of a written document
executed by the Parties.
18.10 Governing Law. This Agreement shall be interpreted in accordance with, and governed by
the laws of the Province of New Brunswick and Canada.
18.11 Arbitration and Jurisdiction. Any dispute arising from this Agreement that cannot be
resolved by good faith negotiations within thirty (30) days will be resolved by recourse to
arbitration. The arbitration shall be conducted in the English language in Saint John, New
Brunswick, Canada, or at such other location as may be mutually acceptable to the Parties.
The arbitration shall be heard and determined by one arbitrator mutually acceptable to the
Parties. The arbitrator shall be experienced in the matter to be arbitrated and shall not have
any prior or then existing business connections with either of the Parties or any of their
affiliates. Arbitration costs shall be borne by both Parties equally unless the arbitration
award directs otherwise. Except as otherwise provided herein, the arbitrator's award shall be
limited to compensatory damages against either Party. Under no circumstances will the
arbitrator be authorized to, nor shall he /she award punitive damages or multiple damages
N PS 1 < Init
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against either Party. The decision by the arbitrator shall be binding and conclusive on the
Parties and such determination shall constitute an award pursuant to an arbitration upon
which judgment of a court having jurisdiction may be entered.
IN WITNESS WHEREOF each of CRCS and Training Partner have caused this Agreement to be
signed and delivered by its duly Authorized Representative, At Ottawa, on this 22 day of September,
2016.
THE CITY OF SAINT JOHN
By:
Name: Mayor
Title: Contact
THE CANADIAN RED CROSS SOCIETY
By:
Name: Lune Mallette
Title: Program Support
CRCS to confirm that this individual has legal authority to bind CRCS
J VIII PSI 6
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Common Clerk
Resolution Date
SCHEDULE "A-2"
To a Training Partner Agreement between the Canadian Red Cross Society and The City
of Saint John dated November 4, 2016
STATEMENT OF SERVICES
1. TRAINING COURSES TO BE DELIVERED
1.1 First Aid
❑ Core Programs: CPR, Emergency or Standard First Aid and CPR, Emergency or Standard
Child Care First Aid & CPR
❑ Specialty Programs: Wilderness & Remote and Advanced Wilderness & Remote First Aid
❑Advanced First Aid (Workplace)
❑Youth Programs: Babysitting, PeopleSavers
2 OBLIGATIONS AND RESPONSIBILITIES OF THE TRAINING PARTNER
The Training Partner acknowledges and agrees that:
(a) The CRCS has invested a considerable amount of time and resources into the
development of the Training Courses;
(b) By virtue of offering Training Courses, the acts and or omissions of the Training
Partner can affect the reputation of the CRCS and that reputation is of considerable
importance to the CRCS; and
(c) The Training Partner will adhere to the obligations and responsibilities set out in this
Section 2 of Schedule "A-2"
2.1 The Training Partner shall offer the Training Courses indicated in Section 1 of this Schedule
A-2:
a) In Canada only;
b) Employing only Instructors/Trainers (as defined in the Agreement);
c) Using only current Training Course manuals and materials that are purchased directly
from the CRCS; and
d) In compliance with the CRCS National Standards for the Training Courses indicated
in Section I of this Schedule "A-2". The National Standards for each Training
Course are set out at the following Internet Addresses:
(i) FA National Standards www.redcross.ca/mom
(ii) GRAPHICS STANDARDS www.redcross.ca/myrc
(iii) OTHER STANDARDS www.redcross.ca/myrc
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2.2 The Training Partner shall also:
(a) only use the CRCS manuals and materials, in connection with Training Course
delivery or otherwise for the purpose of this Agreement and shall not modify these
materials in any way;
(b) distribute the CRCS manuals and materials only to the Participants for their use
during the Training Course and not to any other person, entity or organization;
(c) pay all fees associated with this Agreement in accordance with the (i) CRCS Standard
Terms and Conditions of Sale contained in Schedule B of this Agreement, as it may
be amended from time to time; (ii) the Shop Online Terms available at
www.shop.redcross.ca, and (iii) any other terms and conditions applicable within the
province where the Training Partner has made the purchase;
(d) upon the request of CRCS, submit copies of Training Course promotional materials,
including website addresses, which reference references to First Aid, Swimming and
Water Safety and/or Lifeguard Training Courses;
(e) use the software program "Course Manager" to upload information with respect to
the delivery of Training Courses (including current and future CRCS training
contracts, Training Course dates and locations, names of Instructors/Trainers and
client lists) and submit Training Course rosters;
www.redcross.ca/m� rc
(f) upon request by CRCS, disclose to the CRCS all current and upcoming CRCS
training contracts, Training Course dates and locations, names of
Instructors/Trainers and client lists, if not already provided through the "Course
Manager" software;
(g) submit final Training Course rosters, all evaluation forms and Training Course
results to the CRCS, within ten (10) days following the end of each Training Course
completion;
(h) upon request by CRCS, participate in the gathering of statistical data necessary for
the ongoing evaluation of Training Courses;
(i) upon receipt of a notice from the CRCS, visit the Website www.redcross.ca/mom to
note any changes to the Program;
2.3 Participate in the Quality Assurance Program, as this term is defined in Section 2 of the
Agreement, by:
a) Immediately forwarding to CRCS, through the CRCS Primary Contact, all
complaints it receives involving an allegation of breach of any CRCS National
Program Standards, and to fully cooperate with the CRCS in the investigation and
resolution of such complaints;
b) Immediately informing CRCS, through the CRCS Primary Contact, of any arrest or
criminal charge against an owner, director, employee, contractor or volunteer of the
Training Partner;
c) Providing access to courses to CRCS Authorized Representatives at any time and
without prior notice, for purposes of classroom monitoring and course quality
evaluation;
d) Investigate complaints regarding courses taught under their contract and provide a
report back to CRCS when requested
e) Forwarding feedback, comments and suggestions relating to the quality of the
courses and CRCS materials
3. PAYMENT TERMS
Unless otherwise provided in specific terms and conditions of payment described in section
3 of this Schedule, prior to the expiration of the thirty (30) day period immediately following
the day on which the Training Partner receives an invoice from the CRCS for any payment
due under this Agreement, the Training Partner shall pay the CRCS the amount due under
this Agreement in accordance with the following:
i) CRCS materials, at the price that is made available on the shop.redcross.ca
ii) Annual Fees: $ 100
iii) Other fees (if applicable).
!1'7
SCHEDULE "A-6"
Professional Responder Programs
To a Training Partner Agreement between the Canadian Red Cross Society and Saint
John Fire Department dated September 22, 2016
STATEMENT OF SERVICES
1 CRCS Courses. Training Partner will deliver the Courses selected below:
Participant Courses:
® First Responder,
® Emergency Medical Responder
® Oxygen Administration
2 TRAINING PARTNER ADDITIONAL RESPONSIBILITIES IN THE CASE OF
PROFESSIONAL RESPONDER PROGRAMS
In addition to those provided for in Schedule A-2 (Statement of Services) of this
Agreement, the responsibilities of the Training Partner when delivering the above
additional programs are, and Training Partner agrees, as follows:
2.1 To offer the courses listed in Section 1 of this Schedule A-6:
a) In Canada only;
b) Employing only those Certified Instructors holding a valid certification issued by the
CRCS for the level of course offered;
c) If employing a guest lecturer for any topic; their role and topic must be clearly defined
and guest lecturers time must not exceed 10% of total course
d) In compliance with the CRCS requirements and standards that are established for each
Course relating to classroom and facilities, equipment, supplies and other learning
resources, providing materials to participants in advance, and other timelines which are
available on the Website www.redcross.ca/myrc.
e) Provide the course based on the jurisdiction in which the participants will work so they
may apply for licensure and or registration which is available onthe Website at
www.redcross.ca/myrc.
Make a reasonable effort to assist participant with application process and licensure
evaluations (where applicable)
g) Provide course refresher opportunities for participant when requested and if able
h) maintain policies and procedures including but not limited to Student refund,
remediation, refresher)
) PS16
2.2 Submit final Course rosters, evaluation forms and Course results to the CRCS, within 10
business days following the end of each of the above Courses listed in Section lof this
Schedule A-6.
PS16
SCHEDULE "A-7 "
Marine First Aid Programs
To a Training Partner Agreement between the Canadian Red Cross Society and Saint John Fire
Department dated September 22, 2016
STATEMENT OF SERVICES
CROS Courses. Training Partner will deliver the Courses selected below:
Participant Courses:
® Marine Basic First Aid,
® Marine Advanced First Aid
1.1 BACKGROUND AND DEFINITIONS
The `Marine First Aid' courses are Canadian Red Cross instruction programs that are approved
by Transport Canada (the "Marine First Aid Courses"). Transport Canada has very specific
requirements for both program administration and facilitation for Marine First Aid Courses.
Failure to follow the delivery method set out in this Annex and may result in the termination of
this Schedule and may result in the termination of the Training Partner Agreement.
The Canadian Red Cross is the approved Transport Canada course provider of Marine Basic First
Aid (MBFA) and Marine Advanced First Aid (MAFA) and as such is responsible for the
extension of these offerings by our Training Partners.
2 TRAINING PARTNER ADDITIONAL RESPONSIBILITIES IN THE CASE OF
PROFESSIONAL RESPONDER PROGRAMS
In addition to those provided for in Schedule A-1 (Statement of Services) of this
Agreement, the responsibilities of the Training Partner when delivering the above Marine
First Aid Programs are, and Training Partner agrees, as follows:
2.1 The Training Partner shall:
(a) Follow all guidelines as outlined in the Training Partner Agreement, National Program
Standards and the Canadian Red Cross Marine First Aid Quality Management Manual.
(b) Ensure that all Marine First Aid Courses offered by the Training Partner conform to all
requirements set out in Annex A of this Addendum.
(c) Follow all Marine First Aid Course training standards as set out in the Red Cross National
Program Standards and set out by Transport Canada in TP 13008 E.
) VIII PS 16
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(d) Agree to allow a Transport Canada or Canadian Red Cross representative to monitor a
Marine First Aid Course without notice. The Canadian Red Cross will be conducting an
annual audit of a minimum of one Marine First Aid Course delivered by the Training Partner.
(e) Within ten (10) days after completion, notify the Canadian Red Cross when Transport
Canada monitors a Marine First Aid Course delivered by the Training Partner.
(f) Ensure all participants have presented their Candidate Document Number (CDN#)
(g) Complete and submit the following data within ten (10) days of each Marine First Aid
Course completion date:
(h) Completed Marine First Aid Course roster uploaded onto Course Manager with all relevant
information including Candidate Document Numbers (CDN#)
(i) Safely store the following data (as outlined in Annex A):
(i) Attendance records for each participant
(ii) Evaluation results from each participant
(iii) Skills checklist for any unsuccessful participant
(j) Ensure instructors teaching Marine First Aid Courses are current Canadian Red Cross First
Aid & CPR/AED instructors (MBFA) or Canadian Red Cross First Responder \ Emergency
First Responder instructors (MAFA)
3 TERMINATION OR SUSPENSION
3.1 The CRCS may terminate immediately and without notice if the Training Partner:
(a) Fails to perform any substantial obligation on its part under the Agreement, this
Schedule A-7, or the accepted Annex (Marine First Aid Quality Management);
(b) Ceases to carry on its business as a CRCS Training Partner; or
(c) Becomes subject to any regulatory or legislative requirement that would adversely
affect its legal ability to perform its obligations under the accepted Terms of
Reference
3.2 At any time during the Term, in the sole and reasonable opinion of the Canadian Red
Cross, if the Training Partner is not in compliance with its obligations in this Addendum,
the Addendum and the Training Partner Agreement may be terminated by the Canadian
Red Cross.
VIII PS 16
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4 TERM
4.1 This Agreement shall commence on the date of its execution by the last Party and shall
remain in effect until February 28 of the following year unless terminated in accordance
with section 3 of Schedule A-7 (the "Term").
IN WITNESS WHEREOF each of CRCS and Training Partner have caused this Schedule to be
signed and delivered by its duly Authorized Representative, At Ottawa, on this 22 day of
September, 2016.
Saint John Fire Department
Signature
Name of designated person
Title
Date
VIII PS 16
The Canadian Red Cross Society
Signature
Name of designated person
Title
Date
6119]
VIII PS 16
ANNEX A
Marine First Aid Quality Management
51
Schedule B
CRCS Standard Terms and Conditions of Sale
THESE TERMS AND CONDITIONS GOVERN THE SALE OF ALL PRODUCTS AND SERVICES ("PRODUCTS") BY THE CANADIAN
RED CROSS SOCIETY ("CRCS") AND APPLY NOTWITHSTANDING ANY CONFLICTING, CONTRARY OR ADDITIONAL TERMS AND
CONDITIONS IN ANY PURCHASE ORDER OR OTHER DOCUMENT OR COMMUNICATION FROM A BUYER. SUBMISSION BY A
BUYER TO CRCS OF AN ORDER SHALL CONSTITUTE THE BUYER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS.
NEITHER CRCS'S ACKNOWLEDGMENT OF A PURCHASE ORDER NOR CRCS' FAILURE TO OBJECT TO CONFLICTING,
CONTRARY OR ADDITIONAL TERMS AND CONDITIONS IN A PURCHASE ORDER SHALL BE DEEMED AN ACCEPTANCE OF SUCH
TERMS AND CONDITIONS OR A WAIVER OF THE PROVISIONS HEREOF.
1. ORDERS. All orders are subject to acceptance by CRCS. No orders for Products may be cancelled without
CRCS's written consent. CRCS reserves the right to allocate sales of Products among its customers in its sole discretion.
2. PRICES. Prices shall be as specified by CRCS and shall be subject to increase in the event of an increase in
CRCS's costs or other circumstances beyond CRCS's reasonable control. Prices are exclusive of federal, provincial, local or
any other taxes, charges, levies and duties, shipping charges, forwarding agent's and broker's fees, consular fees and
document fees. If CRCS shall be liable for or shall pay any of the foregoing, the CRCS shall charge such amount to Buyer in
addition to the price of the Products
3. SHIPMENTS. All shipments by CRCS are F.O.B. point of origin and all shipping and handling charges shall be paid
by Buyer in addition to the price of the Products. Subject to CRCS's right of stoppage in transit, delivery of the Products to
the carrier shall constitute delivery to Buyer and risk of loss shall thereupon pass to Buyer; however, title shall remain in
CRCS until Buyer makes payment in full for the Products. Selection of the carrier and delivery route shall be made by CRCS.
CRCS shall use reasonable efforts to initiate shipment and schedule delivery as close as possible to Buyer's requested
delivery dates. Buyer acknowledges that delivery dates provided by CRCS are estimates only and that CRCS is not liable for
failure to deliver on such dates. CRCS reserves the right to make deliveries in installments. Delivery of a quantity which
varies from the quantity specified shall not relieve Buyer of the obligation to accept delivery and pay for the Products
delivered; however Buyer does not have to pay for the Products delivered in excess of the quantities specified provided
Buyer returns such excess quantities to CRCS, at CRCS's expense, within ten (10) days after delivery of such Products.
Delay in delivery of one installment shall not entitle Buyer to cancel other installments
4. PAYMENT. Payment is due upon placing an order, unless credit approval has been granted by CRCS.. If credit
has been approved, buyer agrees to pay the entire net amount of each invoice from CRCS pursuant to the terms of each
such invoice without offset or deduction. CRCS, may in its sole discretion at any time change the terms of Buyer's credit,
require payment in cash, bank wire transfer or by check and/or require full payment of any or all amounts due or to become
due for Buyer's order before shipment of any or all of the Products. If CRCS believes in good faith that Buyer's ability to
make payments may be impaired or if Buyer shall fail to pay any overdue invoice, CRCS may suspend delivery of any order
or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof and
Buyer shall remain liable to pay for any Products already shipped. Buyer agrees to submit such financial information form
time to time as may be reasonably requested by CRCS for the establishment and/or continuation of credit terms. The date of
collection of a cheque by the CRCS shall be deemed the date of payment by the Buyer. Any cheque received from Buyer
may be applied by CRCS against any obligation owing from Buyer to CRCS, regardless of any statement appearing of the
face of such cheque, without discharging Buyer's liability for any additional amounts owing from Buyer to CRCS, and the
acceptance by CRCS of such cheque shall not constitute a waiver of CRCS's right to pursue the collection of any remaining
balances. Buyer may be subject to interest charges on any invoice not paid when due from the due date to the date of
payment at the rate of the lesser of (two (2) percent per month and (ii) the highest rate permitted by applicable law. If Buyer
does not make payment when due, CRCS may pursue any legal or equitable remedies, in which event CRCS shall be
entitled to reimbursement for costs of collection and reasonable legal fees
5. WARRANTY. Seller warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform
to the applicable CRCS specifications or Buyer's Specifications for such Products. EXCEPT AS ARE CONTAINED IN THIS
PARAGRAPH 6, CRCS MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS RELATING
TO THE PRODUCTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS
OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT
With respect to Products which do not meet applicable Seller's specifications or Buyer's Specifications, Seller's liability is
limited at Seller's selection to (1) refund of Buyer's purchase price for the Products (without interest), (2) repair of such
Products, or (3) replacement of such Products, provided, however, Buyer gives Seller written notice promptly upon discovery
thereof, and in any event, within sixty (60) days after delivery to Buyer. Seller shall transfer to Buyer whatever transferable
warranties and indemnities Seller receives from the manufacturers of any subcomponents of the Products, if any, including
any transferable warranties and indemnities in respect of patent infringement.
6. ACCEPTANCE. Inspection and acceptance of the Products shall be Buyer's responsibility. Buyer is deemed to
have accepted the Products unless written notice of rejection is received by Seller within two (2) days after delivery of the
Products. Buyer waives any right to revoke acceptance thereafter. Buyer shall report any discrepancy in shipment quantity
or damage within three (3) days after delivery. No return of Products shall be accepted by CRCS without CRCS's approval.
61
Returned Products must be in original packaging. Products for return shall be returned in the manner specified in the CRCS'
approval. If returned Products are claimed to be defective, a complete description of the nature of the defect must be
included with the returned Products. Products not eligible for return shall be returned to the Buyer, freight collect. Products
returned shall be at the Buyer's sole risk and expense
7. LIMITATION OF DAMAGES AND LIABILITY. CRCS LIABILITY TO THE BUYER FOR DAMAGES, HOWSOEVER
CAUSED, SHALL NOT EXCEED PAYMENT ACTUALLY RECEIVED BY CRCS FOR THE PRODUCT OR SERVICE
FURNISHED, OR TO BE FURNISHED, AS THE CASE MAY BE, AND IN NO EVENT SHALL CRCS, ITS EMPLOYEES,
OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR INDIRECT, CONTINGENT, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT), COSTS OR EXPENSES OF ANY NATURE RELATING
TO THE PRODUCTS INCLUDING WITHOUT RESTRICTION LOSS, DAMAGE OR INJURY ARISING OUT OF THE
NEGLIGENCE OF CRCS OR THAT OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR OTHER PERSONS FOR
WHOM IN LAW CRCS IS RESPONSIBLE. CRCS SHALL NOT BE LIABLE FOR AND BUYER SHALL INDEMNIFY,
DEFEND AND HOLD CRCS HARMLESS FROM ANY CLAIMS BASED ON CRCS'S COMPLIANCE WITH BUYER'S
SPECIFICATIONS, DESIGNS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCTS BY PARTIES OTHER THAN
CRCS, OR USE IN COMBINATION WITH OTHER PRODUCTS.
8. USE OR RESALE OF PRODUCTS BY BUYER. Products sold by CRCS are designed for use in life saving
situations. However, CRCS can not guarantee that the Products will prevent personal injury or loss of life. If Buyer uses or
sells the Products for use in any such applications: (1) Actual conditions of use may vary and are beyond the control of
CRCS, a Product's specified characteristics and any recommendations for use, however communicated, are offered solely for
Buyer's evaluation; (2) Buyer acknowledges that such use or sale is at Buyer's sole risk; (3) Buyer agrees that CRCS is not
liable, in whole or in part, for any claim or damage arising from such use; (4) Buyer agrees to indemnify, defend and hold
CRCS harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in
connection with such use or sale; and (5) Buyer assumes all risk and liability for loss or injury in connection with the use of
the Products whether used singly or in combination with other substances or products in any process whatsoever.
9. INTELLECTUAL PROPERTY. If a Product includes intellectual property; such intellectual property is provided by
CRCS to Buyer subject to the copyright of CRCS. Nothing herein shall be construed to grant any rights or license to use
intellectual property in any manner or for any purpose not expressly permitted by CRCS.
10. GENERAL
(a) Buyer may not assign or cancel an accepted order for product without the consent of CRCS.
(b) Buyer shall sell products purchased from the CRCS to end users for their use. Buyer may not sell CRCS
certifications or course packages including certification purchased from CRCS to persons or entities for the purpose of resale
or any other purpose.
(c) All agreements for the sale of products or services by CRCS shall be governed by the laws of the Province of
Ontario (without reference to its provisions on conflicts of laws) and shall in all respects be treated as Ontario contracts. The
application of the United Nations convention for the International Sales of Goods is expressly excluded.
(d) All specifications, technical data, price lists, documents, materials and proprietary information relating to the
Products are the confidential and proprietary information of CRCS and shall be treated in confidence by Buyer and shall not
be disclosed, reproduced or communicated to any third party in any way whatever except as is required in connection with
the purchase and use of the Product by Buyer, and on terms and conditions agreed with CRCS in writing. The foregoing
provisions do not apply to information that was publicly available prior to the date of disclosure by CRCS or that becomes
publicly available after such disclosure other than pursuant to a breach of any obligation of confidentiality to CRCS.
(3) Failure by CRCS to exercise any of its rights with respect to these Standard Terms and Conditions shall not
constitute a waiver or forfeiture of such rights.
11.FORCE MAJEURE. CRCS shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to
causes beyond its reasonable control, including, but not limited, to, acts of God, revolution, natural disasters, acts or omission
of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire,
strikes, floods, epidemics, riots, wars, acts of terrorism, delays in transportation or inability to obtain supplies or materials
through its regular sources. CRCS's time for performance of any such obligation shall be extended for the time period of
such delay or CRCS may, at its option, cancel any order or remaining part thereof without liability by providing written notice
of such cancellation to Buyer.
12. ENTIRE AGREEMENT. These Standard Terms and Conditions shall constitute the entire agreement between CRCS and
the Buyer respecting the subject matter hereof. No representation, promise, agreement or condition in respect of such
subject matter shall be binding on either party unless contained herein. Except for the correction of stenographic or clerical
errors, and notwithstanding anything in the Buyer's purchase order to the contrary, no amendment of these Standard Terms
and Conditions shall be of any effect unless agreed to in writing by CRCS.
6V
CANADIAN Red Cross Training Partner Account Information Form
REIN doss
Please complete this information to help our staff set up your customer account.
Legal Name of
Business/organization or
individual:
Contact Name (Year Round) Email
Telephone Fax
Address
City
Website Address
Shipping Address (if
different)
City
Facility Contact Name
Telephone
Billing Address (if different)
City
Billing Contact Name
Telephone
Tax Exemption Number (if applicable):
Insurance Coverage (please check all that apply):
Province
Email
Fax
Postal
Code
Commercial General Liability limit ❑$2 million ❑Self-insured
Name of Insurance Company:
Telephone number: ( ) Policy #
❑I have attached copy of my Insurance Certificate
❑1 hereby authorized the Red Cross permission to contact my insurance company for the purposes of
confirming my insurance information. Please initial and date
December 2012
6�1
Province
Postal
Code
Province
Email
Fax
(If more than 1 shipping address, please attach a list)
Postal
Code
Tax Exemption Number (if applicable):
Insurance Coverage (please check all that apply):
Province
Email
Fax
Postal
Code
Commercial General Liability limit ❑$2 million ❑Self-insured
Name of Insurance Company:
Telephone number: ( ) Policy #
❑I have attached copy of my Insurance Certificate
❑1 hereby authorized the Red Cross permission to contact my insurance company for the purposes of
confirming my insurance information. Please initial and date
December 2012
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December 14, 2016
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Section 39 Amendment
303 Westmorland Road
The City of Saint John.
On November 28, 2016 Common Council referred the above matter to the
Planning Advisory Committee for a report and recommendation. The Committee
considered the attached report at its December 13, 2016 meeting.
Gary Vincent, on behalf of the applicant, Terrence Gregory Collins, appeared
before the Committee and expressed agreement with the Staff recommendation.
No other persons appeared before the Committee and no letters were received
regarding the application.
After considering the report and comments, the Committee adopted the Staff
recommendation to amend the Section 39 conditions.
RECOMMENDATION:
1. That Common Council rescind Section 39 conditions imposed on August
15, 2011 on the property located at 303 Westmorland Road.
2. That pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed use of the parcel of land having an area of
approximately 3930 square metres, located at 303 Westmorland Road,
also identified as PID 00321158, be subject to a condition restricting the
use of the site to the proposal and the uses permitted in the General
Commercial (CG) zone with the exception of the following uses:
Page 1 of 2
87
Terrence Gregory Collins 303 Westmorland Road December 14, 2016
• Bar, lounge, or nightclub;
• Private Club;
• Service Station; and
• Vehicle Repair Garage.
Respectfully submitted,
Eric Falkjar
Chair
Attachments
Page 2 of 2
88
The City, of Saintjohn
Date: December 9, 2016
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, December 13, 2016
SUBJECT
Applicant: 630820 NB Inc.
Owner: Freddy's New Frenchy's Ltd.
Location: 303 Westmorland Road
PID: 00321158
Plan Designation: Stable Residential
Existing Zoning: General Commercial (CG)
Application Type: Section 39 Amendment
Jurisdiction: Common Council has requested the views of the Planning
Advisory Committee concerning proposed amendments to the
Section 39 conditions of the subject property. Council will consider
the Committee's recommendation at a public hearing on
Monday, January 9, 2017.
SUMMARY
A Section 39 amendment is required to allow for the establishment of a business office for a tour
operator/travel agency within the existing building on the subject site. The applicant proposes to
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630820 NB Inc. 303 Westmorland Road December 9, 2016
make no changes to the site as it was recently upgraded to meet the present Zoning By-law's
parking lot standards and landscaping requirements. The site is zoned General Commercial
(CG) and a business office is a permitted use in that zone; however, a Section 39 condition
restricts the use to a second hand clothing store. Common Council imposed this Section 39
condition on the August 15, 2011 rezoning of the site from "IL-1" Neighbourhood Institutional to
"B-2" General Business to allow for a previous proposal.
Staff recommend that the Section 39 conditions be rescinded to allow for the present proposal
as it is compatible with the surrounding area, which is on the western edge of the McAllister
Regional Retail Centre. To the south-west of the site is a Stable Residential area with a range of
densities. To limit the potential impact of commercial uses on the residential area, staff
recommend a Section 39 condition limiting the use of the site to those permitted in the General
Commercial (CG) zone with the exception of a bar, lounge, or nightclub; private club; service
station; and vehicle repair garage.
RECOMMENDATION
1. That Common Council rescind Section 39 conditions imposed on August 15, 2011 on
the property located at 303 Westmorland Road.
2. That pursuant to the provisions of Section 39 of the Community Planning Act, the
proposed use of the parcel of land having an area of approximately 3930 square metres,
located at 303 Westmorland Road, also identified as PID 00321158, be subject to a
condition restricting the use of the site to the proposal and the uses permitted in the
General Commercial (CG) zone with the exception of the following uses:
• Bar, lounge, or nightclub;
• Private Club;
• Service Station; and
• Vehicle Repair Garage.
DECISION HISTORY
On August 15, 2011, Common Council rezoned the subject site from "IL-1" Neighbourhood
Institutional to "B-2" General Business subject to Section 39 conditions regarding the
development of the site and limiting the site to a retail second-hand clothing store.
On April 13, 1992, Common Council rezoned the subject site from "R-4" Four -Family Residential
to "IL-1" Neighbourhood Institutional subject to a Section 39 condition limiting the use to a group
care facility licensed by the Province of New Brunswick as a special care home for a maximum
of eleven residents.
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630820 NB Inc. 303 Westmorland Road December 9, 2016
ANALYSIS
Proposal
The applicant proposes to establish a business office for a tour operator/travel agency within the
existing building on the subject site. No tour buses, vans, or cars would be stored on site and no
tours would originate or end at the site. The applicant proposes to make no changes to the site
to accommodate the proposal.
A Section 39 condition limiting the use to a retail second hand clothing store was imposed on
the property in conjunction with the approval of a rezoning application to allow for a previous
proposal. The condition must be rescinded to allow for the proposed change of use.
Site and Neighbourhood
The subject site is located on Westmorland Road, north of Ellerdale Street in East Saint John.
Westmorland Road is a busy collector street that serves as a link between the McAllister
Regional Retail Centre and the central area of the City. The subject site has approximately 30
metres of frontage on Westmorland Road and a site area of approximately 3930 square metres.
The subject site contains a two-storey building that was recently used as a retail store and
previously used as a place of worship and a private community centre. A utility easement for a
major natural gas line traverses a significant portion of the rear and north side of the site and
restricts any development. The front and sides of the site, adjacent to the existing building, have
been developed in accordance with a previously approved site plan. The parking area has a
paved surface, painted lines, cast -in-place concrete curbs, a landscaped island at the front of
the property, and a landscaped buffer along the side of the site adjacent to the neighbouring
property to the north. The Zoning By-law requires 6 parking spaces for the proposal and 16
parking spaces currently exist on the site.
The surrounding area contains a mix of residential, open space (cemetery), commercial, and
retail uses. Adjacent to the subject site, there is a commercial property to the north and beyond
this a single-family dwelling and St. Joseph's cemetery. There are undeveloped lands located to
the east, and multi -family residential dwellings to the south. Across the street and to the west of
the site are low-density residential dwellings, and south of these dwellings is Fernhill Cemetery.
Northwest of the subject site is the Regional Centre, with Hampton Inn being the closest
business, which also defines the western edge of the Regional Retail Centre.
Municipal Plan and Zoning
The subject site is designated Stable Residential by the Municipal Plan and the neighbouring
properties are designated Stable Residential, Park and Natural Area, and Regional Retail
Centre. The Municipal Plan permits compatible commercial uses in Stable Residential areas
and staff consider the proposed business office to be compatible with surrounding land uses as
it is not expected to negatively impact neighbouring residential properties. The site is located in
close proximity to the McAllister Regional Retail Centre, making it appropriate for commercial
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630820 NB Inc. 303 Westmorland Road December 9, 2016
use. In addition, the proposed commercial use of the site will not compete with Regional Retail
Centres or Primary Centres as the General Commercial (CG) zone limits the scale of business
offices to 3000 square metres in gross floor area.
Rescinding the Section 39 condition limiting the use of the site to a second hand clothing store
would considerably increase the number of commercial uses permitted on the site. To limit the
potential impact of commercial land uses in the Stable Residential zone, staff recommend that
the Section 39 condition restricting the use of the site be rescinded, but that a new condition be
imposed to limit the use to those permitted in the General Commercial (CG) zone with the
exception of more intense commercial uses. The recommended exceptions include a bar,
lounge, or nightclub; private club; service station; and vehicle repair garage.
Conclusion
Staff recommend that the Section 39 conditions imposed on the August 15, 2011 rezoning of
the site be rescinded to allow for the present proposal. The Section 39 condition limiting the use
of the site to a retail second-hand clothing store must be rescinded to allow for the
establishment of the proposed business office within the existing building on the site. Staff
support this amendment as the proposal is compatible with the surrounding area, which is a
residential neighbourhood on the western edge of the McAllister Regional Retail Centre. The
other Section 39 conditions imposed on the site relate to its development, and they have been
met; therefore, they are no longer relevant and staff recommend they also be rescinded.
To limit the potential impact of commercial uses in a Stable Residential area, staff recommend a
new Section 39 condition. The proposed Section 39 condition would limit the use of the site to
those permitted in the General Commercial (CG) zone with the exception of a bar, lounge, or
nightclub; private club; service station; and vehicle repair garage.
ALTERNATIVES AND OTHER CONSIDERATIONS
No alternatives were considered.
ENGAGEMENT
Public
In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to
landowners within 100 metres of the subject property on November 23, 2016. The public
hearing for the rezoning was advertised in the Telegraph -Journal on December 15, 2016.
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630820 NB Inc. 303 Westmorland Road December 9, 2016
SIGNATURES AND CONTACT
Prepared:
Kristen Flood , MPI
Planner
Reviewed:
Mark Reade, P.Eng., MCIP, RPP
Senior Planner
Contact:
Kristen Flood
Phone:
(506) 658-4528
E-mail:
kristen.flood@saintjohn.ca
Project:
16-254
Approved:
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
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630820 NB Inc. 303 Westmorland Road December 9, 2016
APPENDIX
Map 1:
Site Location
Map 2:
Municipal Plan
Map 3:
Zoning
Map 4:
Aerial Photography
Map 5:
Site Photography
Submission 1: Site Plan
Page 6 of 6
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PROPOSED SECTION 39
AMENDMENT
RE: 303 WESTMORLAND
ROAD
Public Notice is hereby given
that the Common Council of
The City of Saint John intends
to consider a proposal at its
regular meeting to be held
in the Council Chamber on
Monday, January 9, 2017
at 6:30 p.m., by;
Amending the Section 39
conditions imposed on the
August 25, 2011 rezoning
of the property located at
303 Westmorland Road,
also identified as PID No.
00321158, to permit a revised
proposal.
REASON FOR CHANGE:
To rescind the
existing Section
39 conditions
that limit the use
of the site to the
past proposal.
The proposed
amendment may
be inspected by
any interested
person at the
office of the
Common Clerk,
or in the office
of Growth and Community
Development Services, City
Hall, 15 Market Square, Saint
John, N.S. between the hours
of 8:30 a.m. and 4:30 p.m.,
Monday through Friday,
inclusive, holidays excepted.
Written objections to the
amendment may be sent to
the undersigned at City Hall.
If you require French services
for a Common Council
meeting, please contact the
office of the Common Clerk.
Jonathan Taylor,
Common Clerk
658-2862
PROJET DE MODIFICATION
DE L'ARTICLE 39
i
OBJET: 303, CHEMIN
WESTMORLAND
Par les presentes, un avis
public est donne par Iequel
le conseil communal de The
City of Saint John indique
son intention d'examiner une
proposition lors de la r€union
ordinaire qui se tiendra dans
la salle du conseil le lundl 9
Janvler 2017 A 18 h 30 en
apportant les modifications
suivantes:
Modification des conditions
impos6es en vertu de
I'article 39, le 25 ao0t 2011,
relativement au rezonage de
la propriete situ€e au 303,
chemin Westmorland, et
portant le NID 00321158,
pour permettre la presentation
d'une proposition revisee.
RAISON DE LA
MODIFICATION
Pour annuler
les conditions
prevues A I'article
39 qui limitent
('utilisation de
1'emplacement
A le proposition
passA.
Toute personne
interess6e peut
examiner la modification
propos6e au bureau du greffier
communal ou au bureau
du service de la croissance
et du developpement
communautaire A MOW de
ville au 15, Market Square,
Saint John, N. -B., entre 8 h
30 et 16 h 30 du lundi au
vendredi, sauf les jours feri6s.
Veuillez faire part de vos
objections au projet de
modification par ecrit A
I'attention du soussign€ A
I'hdtel de ville.
Si vous avez besoin des
services en franpis pour
une rEunion de Conseil
Communal, veuillez contacter
le bureau du greffier
communal.
Jonathan Taylor,
Greffier communal
658-2862
N
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November 12016
Attention City John Planningw:. Development
Application
foramendment
section 9
Buildinglocatedat 303 Westmorland Road
John,Saint B
E2.1 2G2
The proposed building lw , r at 303 Westmorland Road in Saint John N., is currently known
as r,;Frenchys.primary purpose of this building outlet/store which has
an open concept 1i -level split.
The purpose of my application is to request an amendment to the existing Section 39
conditions t allow for my company,Collins& Consulting d which is a tour
operator/travelagency, to sell outbound and inbound tour/travel packages location.
Our ,d tour packages do not originate fromour office location, begin throughout
location. Currently our office is located at 81 Golden Grove Road in Ganong Plaza.
Collins Tours & Consulting
Ltd company operating throughout
d we do not w r heavy oof daily r maintain our o
business or exceed our level of business.of vehicles in and out of r rwould
4, in fact decreasedo, the number of vehicles fromNi of
*ur transactions take place via online or over the telephone and our need of this larger office
;,pace for ` staff required to maintain and growof
Our company operate John surroundingor within another
province, yet, our home is in Saint John and I would like to keep this company and our 7 full
time employees within Saint John, NB. Collins Tours will be adding an additional part-time/full
time employee y,monthsr, require this space1 fully operate
needed to service our business. Without an area of square footage such as 303 Westmorland
Road our office staff is forced to work in substandard conditions or to contract additional
employees within Nova
I hope the council of Saint John along with Planning and Development will allow this application
to proceed without any complications.
Sincerely,
Greg llins,
630820 NB INC
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=- ronamm3AMBEAM
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506 43a -46G7
SD6433-8210
Nov. 9, 2016
To Whom It May Concern,
We are in agreement with, and give permission to Greg Collins and/or Collins Travel and/or any
agency actbij in thEir �ehalf fir the a,Xlicatixn far rezi-xining the XrTXerty at 313 WestmsrlaiV
Saint John, NB, to be used as a Travel Agency. I
Dated at Santiago, Dominican Republic Wednesday, November 9, 2016
John Maurer a
Nancy MaureriN
U91111
LO
0
" 1 -11L3 ♦V All U l k"irl m 1Vl LJ
A BY-LAW TO AMEND
A BY-LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
Be it enacted by the Common
Council of The City of Saint John as
follows:
1 A by-law of The City of Saint John
entitled, "A By-law Respecting The
Stopping Up and Closing of Highways in
The City of Saint John", enacted on the
nineteenth day of December, A.D. 2005, is
hereby amended by adding thereto Section
242 immediately after Section 241 thereof,
as follows:
242 The City of Saint John does hereby
stop up and close permanently the
following highway:
MALLETTE ROAD: All that portion of
Mallette Road a public street in the City of
Saint John, in the County of Saint John and
Province of New Brunswick, comprising
248 square metres, as shown on a Plan of
Survey titled, "Plan of Survey Showing
portion of Mallette Road, City of Saint
John, Saint John County, New Brunswick,"
prepared by Hughes Surveys & Consultants
Inc. and dated October 28, 2016 attached
hereto.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the XXX day of XXX, A.D.
2017 and signed by:
f UUC L I JV, IN 1V1 -L3
ARRETE MODIFIANT
L'ARRETE SUR L'INTERRUPTION
DE LA CIRCULATION ET LA
FERMETURE DES ROUTES DANS
THE CITY OF SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decr6td ce qui suit :
1 Par les presentes, Parretd de The
City of Saint John intitule, « L'arr&6 sur
l'interruption de la circulation et la
fermeture des routes dans The City of Saint
Johm», d6cr&6 le 19 d6cembre 2005, est
modifid par 1'ajout de Particle 242
imm6diatement apres Particle 241, comme
suit:
242 Par les pr6sentes, The City of Saint
John barre et ferme de fagon permanente la
route suivantc :
CHEMIN MALLETTE : Tout le trongon
du chemin Mallette, une rue publique dans
The City of Saint John, comte de Saint
John, dans la province du Nouveau -
Brunswick, d'unc superficie d'environ
248 mZ comme le montre le plan
d'arpentage intitule o Plan d'arpentage
indiquant une partie du chemin Mallette,
City of Saint John, comt6 de Saint John,
Nouveau -Brunswick )>, prepare par Hughes
Surveys & Consultants Inc. et date du
28 octobre 2016, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete XXXXXX 2017,
avec les signatures suivantes :
First Reading December 12, 2016 Premi6re lecture le 12 d6cembre 2016
Second Reading December 12, 2016 Deuxieme lecture le 12 d6cembre 2016
Third Reading - Troisieme lecture -
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BUSINESS
IMPROVEMENT
Public Notice is hereby given that
the Common Council of The City of
Saint John has been requested by
the Board of Directors of Uptown
Saint John Inc. and intends to
consider approving a budget for the
designated Business Improvement
Area, at its regular meeting to be
held in the Council Chamber on
January 9th, 2017 at 6:30 pm.
The proposed budget for the
Business Improvement Area is
as follows:
REVENUE
Special BIA Levy $ 425,255.00
EXPENDITURES
Beautification 14,700.00
Clean & Safe Programs 24,000.00
Marketing Ix
Communications 70,255.00
Operations &
Administrative 281,300.00
Urban Design &
Development 35,000.00
TOTAL $ 425.255.00
The proposed levy to be imposed on
non-residential property within the
designated business improvement
area is 16 cents per $100,00 of
assessment for 2017.
Pursuant to the Business
Improvement Areas Act the said
proposed budget shall not be
approved if objections in writing
are filed with the undersigned not
later than January 9, 2017 jointly
or independently by one-third or
more of all non-residential users or
by non-residential users who would
together be liable to pay one-third
or more of the amount to be raised
by a levy.
Jonathan Taylor,
Common Clerk
658-2862
7
DES AFFAIRES
Par les presentes, un avis public est
donne par lequel le conseil communal
de The City of Saint John a la
demande du conseil d'administration
de Uptown Saint John Inc., indique
son intention d'approuver un budget
pour la zone d'am6lioration des
affaires d6sign6e lors de la reunion
ordinaire qui se tiendra le 9 janvier
2017a18h30.
Le budget propose pour la zone
d'am6lioration des affaires se r6partit
comme suit:
RECETTES
Taxe sur la zone d'am6lioration
des affaires sp6cial 425,255.00$
D9PENSES
Embellissement
14,700.00
Programmes propres
et sures
24,000,00
Marketing et
Communications
70,255.00
Operations et
administration
281,300.00
La conception et le
developpement urbain
35 000.00
TOTAL 425,255.00$
La taxe pr6vue sur les biens-fonds
non r6sidentiels situ6s dans la zone
d'am6lioration des affaires designee
sera de 0,16 $ par tranche de 100 $
d'6valuation pour i'an 2017.
En vertu de la Loi sur les zones
d'amelioration des affaires, le budget
pr6vu ne doit pas etre approuv6
si des objection's par 6crit son
d6pos6es au soussign6 au plus tard
le 9 janvier 2017, conjointement
ou independamment,'par un tiers
ou plus de tous les utilisateurs
non r6sidentiels ou par un groupe
d'utilisateurs non r6sidentiels qui
seraient responsables de payer un
tiers ou plus du montant a pr6lever
au moyen d'une taxe.
Jonathan Taylor,
greffier communal
658-2862
A LAW TO AMEND
BY-LAW NUMBER BIA-2
BUSINESS IMPROVEMENT LEVY
BY-LAW
ARRETE MODIFIANT
ARRf,Tf N° BIA-2
ARR_tTE CONCERNANT LA
CONTRIBUTION POUR
L'AMELIORATION DES AFFAIRES
Be it enacted by the Common Council of Le conseil communal de The City of Saint
the City of Saint John as follows: John ddcrihe ce qui suit:
The Business Improvement Levy By -Law
of The City of Saint John enacted on the
third day of January, 2006, is amended by:
L'arretd concernant la contribution pour
1'am6lioration des affaires de The City of
Saint John d6cr6te le 3 janvier 2006 et
modifie par:
1 Repealing section 2 thereof and 1 L'abrogation de Particle 2 aux
inserting the following: pr6sentes et Pajout du texte qui suit
2 A levy of 16 cents for each one
hundred dollars of assessed value is hereby
imposed for 2017 upon non-residential
property within the Business Improvement
Area established by By -Law No. BIA-1
Business Improvement Area By -Law
enacted on the 5`h day of January, 2004.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the **** day of ****, A.D.
2017 and signed by:
Mayor/Maire
2 Par la prdsente, une contribution de
16 cents par tranche de cent dollars par
rapport a la valeur fix6e est impos6e pour
Fann6e 2017 sur les immeubles non
rdsidentiels situ6s a l'int6rieur de la zone
d'amdlioration des affaires 6tablie en vertu
de 1'Arret6 n° BIA-I relatif A la zone
d'amdhoration des affaires 6dictd le 5
janvier 2004.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arret6 le ***** ***** 2017,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premi6re lecture
Second Reading -
Deuxi6me lecture
Third Reading -
Troisieme lecture -
`[ole.]
Received Date January 03, 2017
Meeting Date January 09, 2017
Open or Closed Open Session
Deputy Mayor Shirley McAlary and
Members of Common Council
Members of Saint John Common Council:
Subject: Ellen's Law and Provincial Public Safety Education Program for Active Transportation
Background:
Ellen Watters, a Canadian competitive cyclist was critically injured and succumbed to her injuries in a collision
with a car while on a training ride in Sussex, N.B., Dec. 23, 2016. The New Brunswick -born Watters, was
widely hailed as a rising star in Canadian cycling sporting world.
As a result the cycling communities in the province and its supporters have called for legislation that requires
drivers to keep a distance of one metre from cyclists. This legislation if passed would be known as Ellen's
Law.
Mayors of Fredericton and Moncton are pledging support for this legislation to be passed.
In addition to the one Metre rule I would also like to couple this legislation with the development of a
provincial health and safety active transportation education program for all modes of active transportation
for use on our provincial roads and highways.
This motion aligns with Common Council's Priority for a Vibrant Safe City which includes accessible reliable
and cost effective public and active transportation for residents.
Motion:
That the Mayor of Saint John on behalf of Common Council send a letter of support for Ellen's Law and the
development of a provincial health and safety active transportation education program to the Minister of
Justice & Public Safety Denis Landry.
Respectfully Submitted,
Mayor Darling
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1
---- — I
`sK
Received Date December 30, 2016
Meeting Date January 09, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Falls Restaurant-Skywalk Saint John Presentation
Background:
I am requesting that Council permit the scheduling of a presentation by Mr. Max Kotlowski, as it relates to his
progress on the much anticipated opening of the new Falls Restaurant and the very exciting rooftop
attraction "Skywalk Saint John."
Motion:
Refer to Common Clerk for scheduling.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor —Ward 1
City of Saint John
(P4
SAINT JOHN
---- — I
P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
111
Received Date January 05, 2017
Meeting Date January 09, 2017
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Your Worship and Councillors:
Subject: Canada 150 Celebrations in the City of Saint John
Background:
On December 31, 2016, 19 urban centres in the country marked the countdown to the New Year with a bang
to launch the celebrations of the 150th anniversary of Confederation. Congratulations are extended to the
City of Fredericton and Moncton for being among the 19 urban centres selected!
In an effort to ensure that the oldest incorporated city in Canada has celebrations fitting of the "first city" I
am writing this motion. Furthermore, I believe regularly keeping the community abreast of recent
developments as it relates to the organization of Canada 150 Celebrations is necessary for this historic 150th
anniversary of Confederation.
Motion:
Request that the City Manager and/or appropriate designated organization (e.g. Discover Saint John) present
in an open session of council what progress has been made toward Canada 150 Celebrations for the citizens
of Saint John.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor —Ward 1
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
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