2023-05-15_Agenda Packet--Dossier de l'ordre du jour�B
City of Saint John
Common Council Meeting
AGENDA
Monday, May 15, 2023
6:00 pm
2nd Floor Common Council Chamber, City Hall
An Electronic means of communication will be used at this meeting. The public may attend the meeting in
person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers
TV.
Pages
1. Call to Order
1.1 Land Acknowledgement
1.2 National Anthem
2. Approval of Minutes
2.1 Minutes of May 1, 2023 5 - 12
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Proposed Public Hearing Date: 460 Milford Rd, 49 Quinton Ave, Land adjacent 13 - 15
to 10 Crane Mountain Rd, and 24 Canon St/348 Rockland Rd
(Recommendation in Report)
5.2 Student Microsoft Licensing 2023 (Recommendation in Report) 16 - 20
5.3 Budget Approval for FCM Conference Attendance (Recommendation in Report) 21 - 27
5.4 Microsoft Agreement Renewal 2023 - 2026 (Recommendation in Report) 28 - 66
6. Members Comments
7.
Proclamation
7.1 National Police Week - May 14 to May 20, 2023
67 - 67
7.2 Tourette Syndrome Awareness Month - May 15 to June 15, 2023 and National
68 - 68
Tourette Syndrome Day - June 7, 2023
8.
Delegations / Presentations
8.1 Just Us We All Struggle Inc. Presentation (Recommendation: Refer to CAO)
69 - 80
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
10.1 Zoning By -Law Housekeeping Amendments (3rd Reading)
81 - 90
10.2 Flyer Distribution By-law (3rd Reading)
91 - 101
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
12.1 Provincial Support for Main Street Active Transportation Project Over Viaduct
102 - 113
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 Green and Inclusive Community Buildings (GICB) Program Grant Agreement
114 - 114
18.
Adjournment
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City of Saint John
Common Council Meeting
Monday, May 15, 2023
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the
provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:30 p.m., 2nd Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Financial Matter 68(1)(c)
1.3 Financial Matter 68(1)(c,f,g)
1.4 Financial Matter 68(1)(c)
1.5 Financial Matter 68(1)(c)
Ville de Saint John
Seance du conseil communal
Lundi 15 mai 2023
18h
Salle du Conseil communal, 2e etage, 1-16tel de ville
Un moyen de communication electronique sera utilise lors de cette reunion. Le public
peut assister a la reunion en personne clans la salle du Conseil ou la regarder sur le site
Web de la Ville (www.saintiohn.ca/fr) ou sur Rogers TV
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en
prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance
locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance
publique :
16 h 30 — Comite plenier a huis clos — Salle de conference du 2e etage
1.1 Approbation du proces-verbal en vertu du paragraphe 68(1)
1.2 Question financiere en vertu de I'alinea 68(1)c)
1.3 Question financiere en vertu des alineas 68(1)c), f) et g)
1.4 Question financiere en vertu de I'alinea 68(1)c)
1.5 Question financiere en vertu de I'alinea 68(1)c)
Seance ordinaire
1. Ouverture de la seance
1.1 Reconnaissance des terres
1.2 Hymne national
2. Approbation du proces-verbal
2.1 Proces-verbal du ter mai 2023
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3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Date proposee pour I'audience publique : 460, chemin Milford,
49, avenue Quinton, terrain adjacent au 10, chemin Crane Mountain, et
24, rue Canon/348, chemin Rockland (recommendation clans le rapport)
5.2 Licences Microsoft pour etudiants pour 2023 (recommendation clans le
rapport)
5.3 Approbation du budget pour la participation a la conference de la FCM
(recommendation clans le rapport)
5.4 Renouvellement de I'accord relatif a Microsoft pour 2023-2026
(recommendation clans le rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Semaine nationale de la police — du 14 au 20 mai 2023
7.2 Mois de la sensibilisation au syndrome de Gilles de la Tourette — du
15 mai au 15 juin 2023 et Journee nationale de sensibilisation au
syndrome de Gilles de la Tourette — 7 juin 2023
8. Delegations et presentations
8.1 Presentation de Just Us We All Struggle Inc.
9. Audiences publiques
10. Etude des arretes municipaux
10.1 Projet de modification d'ordre administratif de 1'arrete de zonage
(3e lecture)
10.2 Arrete relatif sur la distribution des circulaires (3e lecture)
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Soutien provincial au projet de transport actif sur la rue Main au-dessus
du viaduc
13. Rapports deposes par les comites
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14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
16.Ordre du jour supplementaire
17. Comite plenier
17.1 Accord de subvention du programme Batiments communautaires verts et
inclusifs (GICB)
18. levee de la seance
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
The City of Saint job n
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
MAY 1, 2023 AT 6:00 PM
2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL
An Electronic means of communication will be used at this meeting. The public may
attend the meeting in person in the Council Chamber or view the meeting on the City's
Website (www.saintjohn.ca) or on Rogers TV.
Present: Mayor Donna Noade Reardon
Deputy Mayor John MacKenzie
Councillor -at -Large Brent Harris
Councillor Ward 1 Greg Norton
Councillor Ward 1 Joanna Killen
Councillor Ward 2 Barry Ogden
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 David Hickey
Councillor Ward 4 Greg Stewart
Councillor Ward 4 Paula Radwan
Absent: Councillor -at -Large Gary Sullivan
Also Present:
Chief Administrative Officer (CAO) B. McGovern
Chief Financial Officer Commissioner K. Fudge
General Counsel M. Tompkins
Commissioner Human Resources S. Hossack
Fire Chief K. Clifford
Commissioner Utilities & Infrastructure Services I. Fogan
Director Growth & Community Services D. Dobbelsteyn
Director Communications L. Caissie
Commissioner Public Works & Transportation M. Hugenholtz
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk P. Anglin
Call to Order
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
1.1 Land Acknowledgement
Mayor Noade Reardon read aloud the Land Acknowledgement and called for a moment
of reflection.
"The City of Saint John/Menaquesk is situated is the traditional territory of the
Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours,
the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and
Friendship Treaties with the British Crown in the 1700s that protected their rights to lands
and resources."
1.2 National Anthem
The Saint John Symphony Youth Orchestra performed O Canada by video.
2. Approval of Minutes
2.1 Minutes of April 17, 2023
Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris:
RESOLVED that the minutes of April 17, 2023, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Councillor Norton, seconded by Councillor Hickey:
RESOLVED that the agenda of May 1, 2023, be approved with the addition of items 17.1
Indemnification to Province for Train Whistle Cessation; and 17.2 Civic Recognition
Awards.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 RESOLVED that as recommended in the submitted report M&C 2023-108:
Purchase of Firefighting Bunker Gear, Common Council authorize the Saint John Fire
Department to purchase thirty sets (jacket & pants) of Starfield Lion firefighting bunker
gear from Safety Source Fire Inc.
5.2 RESOLVED that as recommended in the submitted report M&C 2023-110:
Consulting Services - Readiness Assessment and Requirements Analysis - Enterprise
Resource Planning (ERP) System — RFP 2022-092205P the proposal submitted by BDO
Canada LLP for RFP 2022-092205P to provide professional consulting services required
to complete a Readiness Assessment and Requirements Analysis - Enterprise Resource
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
Planning (ERP) System in the amount of $98,750 plus HST be accepted and that the
Mayor and City Clerk be authorized to execute documentation in that regard.
5.3 RESOLVED that as recommended in the submitted report M&C 2023-113: Assent
to Money -in -lieu of Land for Public Purposes, 661 Dever Road Common Council assent
to money -in -lieu of Land for Public Purposes for the proposed Subdivision at 661 Dever
Road.
5.4 RESOLVED that as recommended in the submitted report M&C 2023-111:
Acquisition of Easements at Cand/ewood Lane Common Council approve the following:
1. That the City enter into an Agreement of Purchase and Sale generally in the form
as attached to M&C 2023-111 with a) Property Maintenance Ltd. (x2); b) Changsong Lu;
c) Constance Beth Ritchie; d) Keith MacCollum and Meredith MacCollum; e) Stuart Alan
Ball; f) Leslie Estabrooks and Ralph Estabrooks; g) Tracey Katherine Harkins; and h) Mary
Isabelle Chenard , for the purpose of acquiring municipal services easement under and
along properties located at Candlewood Lane and that the Mayor and Clerk be authorized
to sign the said Agreements of Purchase and Sale and any other documents necessary
to effect the transaction.
2. That the City enter into an Agreement generally in the form as attached to M&C
2023-111 with Property Maintenance Ltd. for the purpose granting the City a construction
easement to install new catchbasins and outline the ongoing responsibilities for
maintenance of the catchbasins post -construction, and that the Mayor and Clerk be
authorized to execute the said Agreement and any other document necessary to effect
the transaction.
5.5 RESOLVED that as recommended in the submitted report M&C 2023-114:
Information Technology (IT) Review and Strategy the proposal submitted by Perry Group
Consulting Ltd. RFP 2023-080601 P for consulting services to complete an Information
Technology (IT) Service Review and Strategy in the amount of $159,988.75 plus HST be
accepted and that the Mayor and City Clerk be authorized to execute documentation in
that regard.
5.6 RESOLVED that as recommended in the submitted report M&C 2023-118: Tender
2023-681001 T - Phosphate for Corrosion Control the tender for the establishment of a
supply agreement for Phosphate for Corrosion Control for the Loch Lomond Drinking
Water Treatment Facility and the Spruce Lake Water Treatment Facility be awarded to the
lowest compliant bidder, Shannon Chemical Corporation, for a one-year term.
5.7 RESOLVED that as recommended in the submitted report M&C 2023-120:
Proposal for CCTV Video Inspection and Flushing the standing offer agreement for the
supply of closed-circuit television (CCTV) video inspection and associated work be
awarded to Eastern Trenchless LTD for the remainder of 2023 with an option to extend
for years two through five.
Moved by Deputy Mayor MacKenzie, seconded by Councillor Norton:
RESOLVED that the recommendation set out in each consent agenda item respectively
be adopted.
MOTION CARRIED UNANIMOUSLY
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
6. Members Comments
Members commented on various local events.
7. Proclamation
7.1 The Mayor proclaimed the month of May 2023 as Lyme Disease Awareness Month
in The City of Saint John.
7.2 The Mayor proclaimed the month of May 2023 as Melanoma and Skin Cancer
Awareness Month in The City of Saint John.
8. Delegations/Presentations
9. Public Hearings - 6:30pm
9.1 Proposed Section 59 Amendment with Planning Advisory Committee report and
Staff Presentation — 55 Mc Donald Street
Director Dobbelsteyn introduced the proposed Section 59 amendment of the property
located at 55 McDonald Street to allow the facility to be used for the storage, repair, and
maintenance of City vehicles in addition to maintenance of the City's transit fleet.
Senior Planner Mark Reade reviewed the submitted presentation.
Mayor Noade Reardon called the Public Hearing to order.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed amendment
with Commissioner Hugenholtz presenting.
Mayor Noade Reardon closed the Public Hearing.
Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie:
RESOLVED that Common Council amend the Section 59 conditions imposed on the April
14, 2008, rezoning of the property located at 55 McDonald Street, also identified as PID
numbers 00319939, 55188825, 55189948 and 55189955, as amended on November 23,
2015, by deleting condition (a) and replacing it with the following:
a) The use of the site is limited to the following uses in site in addition to those uses
permitted in the Utility Service (US) Zone:
• An operations complex for Saint John Transit;
• Business Office;
• Community Centre;
• Community Policing Office;
• Crisis Care Facility;
• Day Care Centre;
• Emergency Services Facility;
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
• Fleet/Vehicle Maintenance and Repair including but not limited to the
maintenance, repair and storage of City of Saint John vehicles and
equipment in addition to Saint John Transit vehicles;
• Recreation Facility;
• Transit Terminal;
• Transportation Depot;
• Transportation Terminal.
MOTION CARRIED.
9.2 Proposed Zoning By -Law Housekeeping Amendments with Planning Advisory
Committee report and Staff Presentation (1st and 2nd Reading)
Director Dobbelsteyn presented an overview of the rezoning application to address the
placement of shipping containers in certain zones and to expand and clarify the land uses
associated with Supportive Housing and Supportive Facility. This is part of an ongoing
effort to rationalize and clarify the provisions of the Zoning By -Law, streamline the
approvals process, and reduce red tape, to provide a better customer service to the
citizens of Saint John, and to ensure that our Zoning By-law facilitates the creation of new
housing units.
Manager Community Planning Jennifer Kirchner reviewed the submitted staff
presentation.
Mayor Noade Reardon called the Public Hearing to order.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed amendment
with no one presenting.
Mayor Noade Reardon closed the Public Hearing.
Moved by Councillor Hickey, seconded by Councillor Harris:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending definitions for two land uses "supportive facility" and "supportive
housing"; and amending provisions relating to the use of shipping containers as accessory
buildings and structures in certain zones, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Councillor Harris, seconded by Councillor Radwan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" amending definitions for two land uses "supportive facility" and "supportive
housing"; and amending provisions relating to the use of shipping containers as accessory
buildings and structures in certain zones, be read a second time.
COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
MOTION CARRIED
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John.
10. Consideration of By-laws
10.1 By -Law respecting the Procedures of Common Council re: Motion by Member (31d
Reading)
Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart:
RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law
respecting the Procedures of the Common Council of the City of Saint John" repealing
and replacing Sections 16.24, 16.26, 16.27 and16.28; and attaching Schedule D, be read.
MOTION CARRIED with Councillor Radwan voting nay.
The by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law respecting the
Procedures of the Common Council of the City of Saint John" was read in summary.
Moved by Councillor Stewart, seconded by Councillor Lowe:
RESOLVED that the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a By -Law
respecting the Procedures of the Common Council of the City of Saint John" repealing
and replacing Sections 16.24, 16.26, 16.27 and16.28; and attaching Schedule D, be read
a third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED with Councillor Radwan voting nay.
Read a third time by title, the by-law entitled, "By -Law Number L.G.-15 A Law to Amend a
By -Law respecting the Procedures of the Common Council of the City of Saint John."
10.2 By -Law respecting the Closing of Roads, Streets or Highways — Fieldstone Drive
(31d Reading)
Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the
Closing of Roads, Streets or Highways in the City of Saint John" regarding a portion of
Fieldstone Drive by adding thereto Section 8 immediately after Section 7 thereof, be read.
MOTION CARRIED.
The by-law entitled "By -Law Number L.G. 4-1 A By -Law respecting the Closing of Roads,
Streets or Highways in the City of Saint John" was read in its entirety.
Moved by Councillor Radwan, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number L.G. 4-1 A By -Law respecting the
Closing of Roads, Streets or Highways in the City of Saint John" regarding a portion of
Fieldstone Drive by adding thereto Section 8 immediately after Section 7 thereof, be read
a third time, enacted, and the Corporate Common Seal affixed thereto.
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
MOTION CARRIED
Read a third time by title, the by-law entitled "By -Law Number L.G. 4-1 A By -Law
respecting the Closing of Roads, Streets or Highways in the City of Saint John."
11. Submissions by Council Members
12. Business Matters — Municipal Officers
12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy
Verbal
CAO B. McGovern advised that the four catalytic projects, Central Peninsula Learning
Commons and North End Schools, Fundy Quay, Comprehensive Recreational Facility,
and Investment in Industrial Parks are moving forward; the Advocacy on Affordable
Housing is also moving ahead including submitting applications for federal funding.
Moved by Councillor Norton, seconded by Councillor Ogden:
RESOLVED that the verbal update Chief Administrative Officer on Select Catalytic
Projects and Advocacy be received for information.
MOTION CARRIED
13. Committee Reports
13.1 Finance Committee: Internal Audit
Councillor Radwan introduced the Internal Audit Plan. The key focus of the plan is to
create a formal structure for the enterprise to assess risk management.
Moved by Councillor Radwan, seconded by Councillor Hickey:
RESOLVED that as recommended by the Finance Committee in the submitted report M&C
2023-115: Internal Audit, Common Council approve the submitted Internal Audit Plan for
2023.
MOTION CARRIED.
14. Consideration of Issues Separate from Consent Agenda
15. General Correspondence
15.1 New Brunswick International Student Program — Request to Present
(Recommendation: Refer to City Clerk to Schedule Presentation)
Moved by Deputy Mayor MacKenzie, seconded by Councillor Norton:
RESOLVED that the letter received from the New Brunswick International Student
Program — Request to Present be referred to the City Clerk to Schedule a Presentation.
MOTION CARRIED.
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COMMON COUNCIL / CONSEIL COMMUNAL
May 1, 2023 / le 1 mai 2023
16. Supplemental Agenda
17. Committee of the Whole
17.1 Indemnification to Province for Train Whistle Cessation
Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe:
RESOLVED that the City indemnify the Province of New Brunswick in the form as
presented to Committee of the Whole at its May 1, 2023, meeting, and that the Mayor and
City Clerk be authorized to execute the document ancillary thereto.
MOTION CARRIED.
17.2 Civic Recognition Awards
Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe:
RESOLVED that Common Council approve the list of award recipients for Citizen of the
Year and Council Commendation, as recommended by the Committee of the Whole at its
meeting of May 1, 2023.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Lowe, seconded by Deputy Mayor MacKenzie:
RESOLVED that the meeting of Common Council held on May 1, 2023, be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:11 p.m.
City Clerk
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COMMON COUNCIL REPORT
M&C No.
2023-127
Report Date
May 11, 2023
Meeting Date
May 15, 2023
Service Area
Growth and Community Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Proposed Public Hearing Date: 460 Milford Road, 49 Quinton
Avenue, Land adjacent to 10 Crane Mountain Road, and 24 Canon
Street/348 Rockland Road
AUTHORIZATION
Primary Author
Commissioner
I Chief Administrative Officer
Jennifer Kirchner
Jacqueline Hamilton
I J. Brent McGovern
RECOMMENDATION
RESOLVED That Common Council schedule the public hearing for the Zoning By-
law rezoning application submitted by Seale Excavation Ltd. for 460 Milford Road
(PID: 00405381), the Zoning By-law rezoning application submitted by KL Concepts
Ltd. for 49 Quinton Avenue (PID: 00402651), a Zoning By-law rezoning application
submitted by Hughes Surveys & Consulting Inc. for land adjacent to 10 Crane
Mountain Road (portion of PIDs: 00289587 and 55043277), and a Zoning By-law
rezoning application submitted by Trevor Hill for 24 Canon Street/348 Rockland
Road (PIDs: 55086128 and 00025791) for Monday, July 10, 2023 at 6:30 p.m. at
the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the Zoning By-law
Rezoning applications received and to recommend an appropriate public hearing
date for these applications. The next available public hearing date is Monday, July
10, 2023.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all
applications for amendments to the Zoning By-law and Section 39
[now referred as section 59] resolutions/agreements and proceed
to prepare the required advertisements, and
2. when applications are received a report will be prepared
recommending the appropriate resolution setting the time and
place for public hearings and be referred to the Planning Advisory
Committee as required by the Community Planning Act.
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REPORT
In response to the motion above, this report indicates the applications received
and recommends an appropriate public hearing date. Details of the applications
are available in the Common Clerk's office and will form part ofthe documentation
at the public hearing.
Name of
Applicant
Location
Existing
Zone
Proposed
Zone
Reason
Seale
460 Milford
Two -Unit
Mid -Rise
To construct 3
Excavation
Road (PID:
Residential (R2)
Residential
apartment
Ltd.
00405381)
(RM)
buildings with a
total of 78
units.
KL Concepts
49 Quinton
One -Unit
Mid -Rise
To legalize and
Ltd.
Avenue (PID:
Residential (R1)
Residential
existing 10-unit
00402651)
(RM)
residential
building and to
construct a 14-
unit residential
building.
Hughes
Land adjacent Rural (RU)
Pit & Quarry To provide
Surveys &
to 10 Crane
(PQ) aggregates for
Consulting
Mountain
use at the
Inc.
Portion of
Crane
PIDS:
Mountain
00289587 and
Landfill.
55043277
Trevor Hill 24 Canon General Mid -Rise
To convert the
Street (PID: Commercial Residential
church and
55086128) and (CG) (RM)
rectory into
348 Rockland
residential
Road (PID:
uses. Including
00025791)
the conversion
of the church
into a 2-unit
dwelling and
the rectory into
a dwelling with
possible
residential
development
potential
While the holding of public hearings for proposed Zoning By-law amendments and
rezonings are a legislative requirement of the Community Planning Act, it is also a
key component of a clear and consistent land development processes envisioned
in the One Stop Development Shop Program. These processes provide
transparency and predictability for the development community and City
residents.
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On a broader note, the development approval process works towards fulfilling key
Council priorities including:
• Facilitate a mix of affordable housing in all our neighbourhoods;
• Grow our population at a rate of 2% annually by the end of Council's term;
• Achieve 3% annual property tax base growth and ongoing work to increase
the target.
SERVICEAND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Act.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
None
15
COMMON COUNCIL REPORT
M&C No.
2023-126
Report Date
May 09, 2023
Meeting Date
May 15, 2023
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Student Microsoft Licensing 2023
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Sarah Ranson
Stephanie Rackley-Roach
S
t/ Kevin Fudge
J. Brent McGovern
RECOMMENDATION
That the City enter into a contract with Softchoice Microsoft 365 Cloud Solution
Provider in the form as attached to M&C No. 2023-126 for Microsoft licenses for
student and casual employees and that the Mayor and Clerk be authorized to
execute the said Agreement and any documents ancillary thereto.
EXECUTIVE SUMMARY
City staff are currently onboarding summer students. As in past years, for students
who require a Microsoft license, the City has procured licenses under a Cloud
Solution Program (CSP) rather than purchasing an annual license under our
Enterprise Agreement (EA). The purpose is to right -size the cost of a license for
temporary employees. Council is required to sign the CSP agreement to finalize
the contract and allow the City to benefit from the licensing flexibility it offers.
REVIOUS RESOLUTION
At its meeting held May 17, 2021, Council resolved as follows:
That as recommended by the City Manager in the submitted report M&C2021-
159: Student Microsoft Licensing the City enter into an Agreement with
Softchoice LP, an Ontario limited partnership, to purchase Office 365 on the
Microsoft Cloud Solution Provider ("CSP") Program in the form attached to
M&C 2021-159; and that the Mayor and City Clerk be authorized to execute
the necessary contract documents.
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At its meeting held June 8, 2020, Council resolved as follows:
That as recommended by the City Manager in the submitted report M&C2020-
87: Microsoft Business and Services Agreement — Contract Renewal, Common
Council adopt the following:
1. The City enter into a three (3) year term Enterprise Enrollment Agreement
with Microsoft Corporation for Volume Licensing Renewal of Microsoft's
software as outlined in the forms attached to M&C 2020-87 and,
2. That the Mayor and Common Clerk be authorized to execute the necessary
documents from Microsoft (submitted).
REPORT
City staff are currently onboarding students to work for the City for the summer.
Some of these students require the use of a computer, which requires a Microsoft
license, to provide email and productivity tools, such as Microsoft Excel and
Microsoft Word.
With the City's current EA, licenses are a fixed annual cost. Rather than purchase
these licenses under the EA, Microsoft is providing temporary licenses under the
Cloud Solution Provider (CSP) so a month to month purchasing arrangement is
possible.
STRATEGIC ALIGNMENT
The CSP provides a cost-effective licensing solution for students, which allows the
City to perform by managing resources responsibly.
SERVICEAND FINANCIAL OUTCOMES
The cost of a student license with security is $71.49 plus HST per month.
Purchasing licenses under the CSP contract provides a "pay as you go" option for
temporary employees, rather than committing to a license for a full year.
Approximately 18 students that will be hired this summer require a MS license.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Supply Chain Management was consulted and supports the recommendations.
General Counsel has reviewed the agreement.
ATTACHMENT
Cloud Solution Provider Contract
17
t' Softchoice
Donna Noade Reardon, Mayor
City of Saint John
15 MARKET SQUARE - 9TH FLOOR P.O. BOX 1971 SAINT JOHN, New Brunswick, E2L 41_1
April 28, 2023
Dear Donna,
It is Softchoice's pleasure to welcome City of Saint John ("Customer') to Microsoft 365 on the Microsoft°
Cloud Solution Provider ("CSP") program. Softchoice has enhanced the CSP program and enrolled you into the
Softchoice Workplace Lifecycle program at no additonal cost.
CSP Program Benefits
By purchasing your Microsoft 365 on CSP through Softchoice', you will receive the following value-added
services:
Workplace Lifecycle Program
1. 24x7x365 Live Answer Support and Incident Escalation Management
2. License Administration and Moves, Adds, Changes and Deletions (MACD)
1. 24x7x365 Live Answer Support and Incident Escalation Management
• 24x7x365 access to expert guidance providing support for your IT Administrator and resolution to
any CSP licensed M365 technical issues should they arise.
• Escalation management to Microsoft in the event the issue cannot be resolved by the Softchoice
Support Team.
2. License Administration and Moves, Adds, Changes and Deletions (MACD)
• License Moves, Adds, Changes and Deletions will be handled by the CSP ordering team.
o Request for Adding new/additional licenses
o Deletion on existing licenses
o Change from existing plan to new license plan
Service Upgrades
Workplace Lifecycle is part of the Workplace Managed Service for Microsoft 365. You can upgrade with
Softchoice anytime by contacting your Account Executive. Refer to Workplace Managed service options
summarized in Schedule 1.
Onboarding
Getting started is simple. Softchoice will work with your organization to collect necessary information through
the onboarding process:
1. You will receive an online credit application through Adobesign, please complete and submit back
for approval.
2. Your'Global Admin' will accept the CSP Authorization Reauest on vour Microsoft Account (tenant):
a. Click here to accept this invitation and authorize Softchoice (USA) to be your Microsoft Cloud
Solution Provider.
1 Softchoice Corporation is a New York corporation. Where Customer is resident outside oft he United States, "Softchoice" will mean Softchoice LP, an Ontario
limited partnership.
iF:1
4 Softchoice
b. Click here to accept this invitation and authorize Softchoice (Canada) to be your Microsoft
Cloud Solution Provider.
c. If you require a new Microsoft account to be set up, please consult with your Softchoice
Account Manager.
3. We will validate the Microsoft 365 subscriptions that are in scope.
4. We will request contact details from you and add all approved contacts into Softchoice's service
management systems and documentation.
Legal
Softchoice resells Microsoft 365 subscriptions, which are licensed by Microsoft. The purchase and sale of the
Microsoft 365 subscription through Softchoice is governed by the Microsoft 365 CSP resale terms, a current
version of which is set out at www.softchoice.com/legal/M365csp (the "Resale Terms").' Any reference to a
"SOW" in the Resale Terms will be deemed to refer to this letter.
Following acceptance by Customer, Softchoice will initiate an Microsoft 365 subscription for Customer (the
"Microsoft 365 Subscription") by creating an Microsoft 365 CSP instance through Microsoft's Microsoft 365
portal.
Access to the Workplace Lifecycle program will be provided for the duration of the Customer's Microsoft
365 Subscription. Customer may terminate its access to the Workplace Lifecycle program upon 30 days'
written notice to Softchoice. The term and termination of the Microsoft 365 Subscription is set forth in the
Resale Terms.
By signing below, Customer has agreed to purchase Microsoft 365 under Microsoft's CSP program through
Softchoice, subject to the terms and conditions referenced in this letter (collectively, the "Agreement").
Sincerely,
The Softchoice Microsoft 365 CSP Team
Accepted and agreed by:
City of Saint John
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
z The Resale Terms may be updated by Softchoice from time to time.
iLoll
.// Softchoice
Schedule 1 — Microsoft 365 Workplace Lifecycle Support Service Upgrade Options
• Unlimited 24x7x365 Technical Support
• Incident & Escalation Management
Workplace Assist
Configuration Mentorship
• Insights Reporting
• Adoption Services
• 0365 Tenant Management:
0 0365 Licensing Reporting
Workplace Operations 0365
0 Service Request Management - Move,
Add, Change, Delete (MACD)
• Customer Success
Workplace Operations Teams Voice*
Teams Voice MACD's:
o Users
o Voice mail and call queues
• Device software updates
• Session Border Controller Management
• Voice Services Reporting
o Overall Quality Details
o Overall Call Reliability
o Call Quality Conference, P2P
o Call Reliability Conference, P2P
Workplace Operations Windows
Intune/Autopilot Operating System
Management*
Management
• Intune User/Group Persona Build
• Ongoing persona maintenance
• Operating System Updates
• Application Packaging and Deployment
• Inventory Reporting
• Image Management
• Cost Estimator
Workplace Operations Azure Virtual
License Management
Desktop*
Azure Consumption Costs
• Maintaining and updating of Host Pools
• Profile Management
• Deployment Automation
• 0365 End User Help Desk
• Connectivity to 0365 services via desktop,
Workplace End User 0365 Help
laptop, or mobile device
• Core application functionality support
• Provisioning of access to Tenant apps
Workplace End User End User Service
Service Desk Support
Desk
Ticket Management
• Incident and Escalation
*Prerequisite — Installation needs to be completed prior to onboarding service.
K91
COMMON COUNCIL REPORT
M&C No.
2023-129
Report Date
May 10, 2023
Meeting Date
May 15, 2023
Service Area
Legislative Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Budget Approval for FCM Conference Attendance
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Jonathan Taylor
Melanie Tompkins
J. Brent McGovern
RECOMMENDATION
That Common Council approve the cost of attendance to the 2023 FCM
conference, which amounts to more that the allotted $3,000 in the Mayor &
Council Professional Development Policy, for the following Council members:
Deputy Mayor Mackenzie and Councillors Harris, Hickey, Radwan, and Killen.
PREVIOUS RESOLUTION
Common Council approved the Mayor & Council Professional Development Policy
(FAS-027) in October of 2022.
REPORT
Council's Professional Development Policy sets criteria for eligible professional
development activities, establishes protocol on the allocation of budget to Mayor
and Council, ensuresfairness and equity between Councilors with respectto usage
of funds, and instills reporting requirements for public transparency.
The policy provides an annual professional development allotment of $9,000 for
the Mayor and $3,000 for the Deputy Mayor and each Councillor.
Professional development spending that exceeds the annual approved budget
envelope, or exceeds the Councillor allocation limit, must be:
• Approved by Common Council.
• Be within the overall Council budget envelope for professional
development.
• Reduced from the Council members' following year allocation to ensure
fairness and equity.
21
-2-
The Mayor, Deputy Mayor, and Councillors Harris, Hickey, Radwan and Killen have
registered to attend the 2023 Federation of Canadian Municipalities ("FCM")
annual conference in Toronto.
FCM has been described as the national voice of municipal government since
1901. Its members include more than 2,000 municipalities and 20 provincial and
territorial municipal associations. Municipal leaders from across Canada assemble
each year to set FCM policy on key issues.
It is estimated that the total cost per participant to attend the conference will be
in the range of $3,000 - $4,000. Council approval will therefore be required for
any spending above the $3,000 allocation. Council members who spend beyond
their annual Councillor allocation limit would have their individual 2024
professional development budgets reduced by the dollar amount of additional
funding they received in 2023.
It is recommended that Council approve the cost of attendance to the 2023 FCM
conference, which amounts to more that the allotted $3,000 in the Mayor &
Council Professional Development Policy, for Deputy Mayor Mackenzie and
Councillors Harris, Hickey, Radwan, and Killen.
STRATEGIC ALIGNMENT
The content offered in FCM's conference aligns with Council's priorities of Grow,
Green, Belong, Move and Perform.
SERVICEAND FINANCIAL OUTCOMES
Council has sufficient funds allocated in its annual budget to cover the anticipated
travel and conference costs.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Mayor & Council Professional Development Policy
WA
r
SAINT 10HN
Title: Mayor & Council Professional Development
Subject: Mayor & Council Professional Development
Category: Finance and Administrative Services
Policy
Policy No.: FAS-027
M&C Report No.: 2022-312
Effective Date:
Next Review Date:
Area(s) this policy applies to: Mayor & Council
Office Responsible for review of this Policy:
Finance and Administrative Services
Related Instruments:
Policy Sponsors:
Chief Financial Officer
Document Pages:
This document consists of 4 pages.
Revision History:
Common Clerk's Annotation for Official Record
Date of Passage of Current Framework: 2022-10-03
I certify that this Policy was adopted by Common Council as indicated
above.
I
2022-10-04
Common Clerk Date
Date Created:
Common Council Approval Date:
Contact:
2022-09-21
Finance and Administrative Services
W
TABLE OF CONTENTS
1. POLICY STATEMENT................................................................................................... 2
2. ELIGIBILITY................................................................................................................. 2
3. BUDGET ALLOCATION............................................................................................................. 3
4. ROLES & RESPONSIBILITIES........................................................................................ 3
City of Saint John
Mayor & Council Professional ��
Development Policy SAINT JOHN
1. POLICY STATEMENT
1.1 This policy applies to the City of Saint John Mayor and Common Council on eligible
professional development expenditures.
1.2 The City of Saint John is committed to encouraging professional development for
the Mayor and Common Council, recognizing the investment is inextricably linked
to the achievement of its mission, strategic direction, and governance.
1.3 This policy provides the guidelines for approving Mayor and Common Council
professional development requests to attend supported professional development
opportunities on behalf of the City of Saint John.
1.4 Professional development expenditures shall be in the best interest of City of Saint
John taxpayers and involves the development of knowledge, skills, and leadership
qualities necessary for the effective duties of Mayor and Council.
1.5 Professional development also includes activities specific to legislative and
governance roles and functions.
1.6 A Councillor who is funded by Council budget to attend a conference, seminar,
forum, delegation, or similar event shall participate as a representative of Council,
not as an individual.
1.7 The City's Annual Report shall list Mayor & Council professional development.
1.8 Council may request a verbal or written report from any member of Council
following the professional development activity.
2. ELIGIBILITY
2.1 Eligible activities, processes and programs including attendance at external
professional development courses and conferences, sessions conducted with guest
speakers and training, and purchases of training booklets and discussion papers
must meet the following criteria:
2.1.1 Must be relevant to the Mayor or Councilor's role on Council or as a
Committee Chair.
2.1.2 Must be relevant to the municipal governance process
2.1.3 Must be a conference or course offered or sponsored by an officially
recognized group to which the City or its representatives are a member, or
where there is a demonstrable affiliation.
25
2
City of Saint John
Mayor & Council Professional
Development Policy
3.
I'm
BUDGET ALLOCATION
/%
SAINT JOHN
3.1 Common Council shall approve the Mayor and Council professional development
budget as part of the annual operating budget approval process.
3.2 Mayor and Council professional development budget allocations shall be subject to
annual review as part of the annual operating budget process.
3.3 Mayor and Council professional development budgets shall align with the strategic
priorities of Common Council.
3.4 The professional development budget shall be allocated up to a maximum of $3,000
per Councilor and $9,000 for the Mayor.
3.5 Unused professional development budgets shall not be carried forward to the
following budget year.
3.6 Professional development spend that exceeds the annual approved budget
envelope or exceeds the Councilor allocation limit in subsection 3.4 shall be:
3.6.1 Approved by Common Council
3.6.2 Be within the overall Council budget envelope for professional development
3.6.3 Reduced from the Councilor's following year allocation to ensure fairness
and equity.
3.7 Common Council shall comply with the Council approved Travel Policy FAS-025 with
respect to eligible travel expenses such as accommodations, meals, and travel
arrangements.
ROLES AND RESPONSIBILITIES
4.1 Common Council shall:
4.1.1 Approve the Mayor & Council professional development policy and any
amendments to the policy.
4.1.2 Approve Councilor requests that exceed maximum limits in the policy
4.2 The City Clerk shall:
4.2.1 Ensure compliance with the Professional Development Policy
41.1
3
City of Saint John
Mayor & Council Professional
Development Policy SAINT JOHN
4.3 The Chief Financial Officer shall:
4.3.1 Support compliance through periodic audits.
4.3.2 Include Mayor and Council professional development in the City's annual
report.
27
4
D '� r r I l
jl
COMMON COUNCIL REPORT
M&C No.
2023-66
Report Date
May 10, 2023
Meeting Date
May 15, 2023
Service Area
Strategic Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT: Microsoft Agreement Renewal 2023 - 2026
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Sarah Ranson
Stephanie Rackiey-Roach
Kevin Fudge
J. Brent McGovern
RECOMMENDATION
It is recommended that:
1. The City enter into a three (3) year term Enterprise Enrollment Agreement
with Microsoft Corporation for Volume Licensing Renewal of Microsoft's
software as outlined in the forms attached to M&C 2023-66; and
2. That the Mayor and Common Clerk be authorized to execute the necessary
documents from Microsoft (attached).
EXECUTIVE SUMMARY
The City's agreement with Microsoft expired on May 1, 2023. The attached
contract renews the agreement for another three years and completes the
transition from an on -premise solution to the Microsoft 365 cloud solution. This
solution enhances productivity and improves security. Microsoft is also phasing
out on -premise support in favour of cloud services.
PREVIOUS RESOLUTION
At its meeting held June 8, 2020, Council resolved as follows.
5.6 That as recommended by the City Manager in the submitted report:
Microsoft Business and Services Agreement — Contract Renewal, Common
Council adopt the following:
4.11
-2-
1. The City enter into a three (3) year term Enterprise Enrollment Agreement
with Microsoft Corporation for Volume Licensing Renewal of Microsoft's
software as outlined in the forms attached to M&C 2020-87, and
2. That the Mayor and Common Clerk be authorized to execute the necessary
documents from Microsoft (submitted).
At its meeting held June 14, 2021, Council resolved as follows.
5.10 That as recommended by the City Manager in the submitted report M&C
2021- 169: Microsoft Business and Services Agreement — Renewal Update:
1. Common Council approve the unforeseen, one-time additional expenditure
from the City's Operating Reserve, as required, for enhanced Microsoft
security in the amount up to $188,856.72 plus HST; and
2. That the City amend the three (3) year -term Enterprise Enrollment
Agreement ("Agreement") with Microsoft Corporation for Volume
Licensing Renewal of Microsoft's software for years 2 and 3 as outlined in
the forms attached to M&C2021-169, and
3. That the Mayor and City Clerk be authorized to execute the necessary
documents from Microsoft (submitted) and documents ancillary thereto.
At its meeting held March 20, 2023, Council resolved as follows.
5.4 RESOLVED that as recommended in the submitted report M&C 2023-72:
Microsoft Unified Enterprise Support Service Agreement, the City enter into a
three (3) year term Unified Enterprise Support Services Agreement with
Microsoft Corporation for user support services as outlined in the forms
attached to M&C 2023-72, and that the Mayor and City Clerk be authorized
to execute the necessary documents from Microsoft.
REPORT
In 2020, the City entered into a three (3) year Business and Services Agreement
with Microsoft for Microsoft Office tools, systems, and Cloud services. This
agreement expired on May 1, 2023. In order to continue to use and benefit from
Microsoft software, the City is required to execute a new Business and Services
Agreement with Microsoft. As with the previous agreement, Microsoft requires
that the City complete an annual "true up" process to reconcile any changes to
license quantities each year.
We%]
-3-
The Microsoft platform is the foundation for the City's Information Technology
(IT) network, leveraging the M365 technology to improve business functions,
manage assets, and protect the City against cyber threats. The City and some of
its agencies, boards, and commissions (ABCs) use a number of Microsoft software
products. The agreement provides licenses for more than 800 authorized users.
Other licensing includes:
• Microsoft Office Suite (e.g., Word, Excel, PowerPoint);
• Endpoint management and security tools;
• Operating Systems for up to 200 servers;
• Application software for servers (e.g., email, databases); and
• Collaboration tools, such as Microsoft Teams and SharePoint.
This software powers and enables City communication systems, financial systems,
protective services, Saint John Water utility infrastructure monitoring and design,
property planning, and Council documents for the citizens of Saint John. It is
important that these enabling technologies remain secure, up to date, and
operating.
The IT team has undertaken a review and audit of the City's Microsoft licensing
requirements. The review considered business requirements and costs. This was
done to ensure that employees have the right tools to deliver service and reduce
security risks.
Diverse licensing options remain in the new contract, to right size costs with user
requirements and support remote working. Operational efficiencies and
enhancements, such as Microsoft's enterprise defense suite that detects,
prevents, investigates, and generates a response across endpoints, identities,
email, and applications to provide integrated protection against sophisticated
attacks will also remain in place. The defense suite includes protection for
SharePoint and Teams by checking documents and links shared among team
members. The City also receives anti-phishing protection, which mitigates a cyber
attacker's ability to spoof a City email address, and monitors for viruses on the
network.
At the last contract renewal, the City was facing the challenges of rising Microsoft
costs, and equipment that was end of life. Business needs for more diverse and
flexible technology solutions for communications, as well as for more effective
methods to virtually collaborate and complete projects were also evolving. The IT
service area began planning for the move to a cloud solution with that contract.
10191
-4-
Microsoft had also communicated phasing out on -premise support in favour of
cloud services.
The City has now made the transition to a Microsoft 365 cloud solution and can
decommission several legacy systems and associated licensing for this contract
renewal, therefore, the operating cost savings anticipated three years ago are
realized.
With the new contract, notification of security patches and limited technical
support remain available. Microsoft has changed the support model to require a
standardized service level agreement for configuration of tools, project support,
incident response, and performance analytics. The Microsoft Unified Enterprise
Support agreement was approved by Council on March 20, 2023 (M&C 2023-72).
STRATEGIC ALIGNMENT
One of Council's priorities is to perform by using our resources wisely. The
Microsoft 365 cloud solution supports business continuity and enhances security.
User and server licensing was reviewed, and legacy systems removed to ensure
the solution is cost-effective.
SERVICEAND FINANCIAL OUTCOMES
The Microsoft contract for 2023-2026 costs $432,720.96 annually, which is an
annual increase of $5,374.08 over the previous contract. This increase is due to
cost increases from Microsoft and an increase in the number of server licenses
required. Costs include licensing for all Windows servers, databases and
authorized users and the associated security licenses.
Other contract types were considered to explore potential for cost savings. It was
determined that the Enterprise Agreement is the least expensive contract type
and has associated benefits not available with other contract types.
Funds are allocated in approved operating budgets to cover the costs of Microsoft
licensing.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The General Counsel's Office has reviewed this agreement.
The Supply Chain Management service area is supportive of proceeding, and
acknowledges Microsoft software is a sole source.
31
-5-
ATTACHMENTS
Program Signature Form
Enterprise Enrolment
Enterprise Purchasing Agreement
Previous Enrollments Form
Commodity Tax Terms & Conditions
Qualifying Government Entity Addendum
Customer Price Sheet
Volume Licensing
ic3A
Microsoft
Program Signature Form
For use with agreements associated with a Purchase Agreement
MBA/MBSA number U8753202
Agreement number 75E61 130
Volume Licensing
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated
active number be indicated here, or listed below as new.
For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government
Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form sets out the documents entered into under this signature form and together along with
the terms and conditions contained therein are part of the contract(s) identified above. This program
signature form and all attachments identified are entered into between the Customer and the relevant
Microsoft Affiliates signing, as of the effective date identified below.
Microsoft Licensing Contracts
Licensing Documents
<Choose Agreement>
Number.. -
<Choose Agreement>
<Choose Agreement>
<Choose Agreement>
<Choose Agreement>
Enterprise Enrollment
X20-10408
<Choose Enrollment/Registration>
<Choose Enrollment/Registration>
<Choose Enrollment/Registration>
<Choose Enrollment/Registration>
Commodity Tax Terms & Conditions
X20-12936
Previous Enrollment(s)/Agreement(s) Form
X20-12873
Qualifying Government Entity Addendum
X20-12104
Enterprise Enrollment Product Selection Form
1313600.007 PSF
ProgramSignForm(MSSign)(SUB)(NA)CAN(ENG)(Jan2022) Page 1 of
33 Document X20-12926
By signing below, the Microsoft Licensing Affiliate agrees to be bound by the terms of the Licensing
Documents in the table immediately above.
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft's signature date)
Microsoft Sales Contracts
Purchasing Documents Number.. -
Purchase Agreement X20-10806
Customer Price Sheet
1313600.007
<Choose Agreement>
<Choose Agreement>
<Choose Agreement>
Microsoft Sales Affiliate is authorized by Microsoft Licensing Affiliate to distribute Products and supply
Professional Services ordered under the Enrollment. By signing below the Microsoft Sales Affiliate agrees
to be bound by the terms of the contract(s) and documents identified in the table immediately above.
Microsoft Canada, Inc.
CRA Busn. No. (BN): 877845941
GST/HST: 877845941 RT0001
QST: 1021036966T00001
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
To Accept All Contracts
By signing this signature form, the Customer attests it has received copies of the contract document(s)
listed in the tables above and agrees to be bound by the terms of those contract(s) and documents.
Customer represents and warrants that (1) Customer has read and understands the terms therein, including
ProgramSignForm(MSSign)(SUB)(NA)CAN(ENG)(Jan2022) Page 2 of 4
34 Document X20-12926
all documents it incorporates by reference and any amendments to those document(s) and (2) agrees to
be bound by those terms.
Name of Entity (must be legal entity name)* The City of Saint John.
Signature*
Printed First and Last Name*
Printed Title*
Signature Date*
Tax ID
* indicates required field
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Customer will be invoiced by the Microsoft Sales Affiliate identified above
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the
appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer's
channel partner or Microsoft account manager, who must submit them to the following address. When the
signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
ProgramSignForm(MSSign)(SUB)(NA)CAN(ENG)(Jan2022) Page 3 of 4
35 Document X20-12926
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
Microsoft Canada, Inc.
Suite 4400
81 Bay Street
Toronto, Ontario MJ5-OE7
Canada
ProgramSignForm(MSSign)(SUB)(NA)CAN(ENG)(Jan2022) Page 4 of 4
36 Document X20-12926
Poo Microsoft Volume Licensing
Enterprise Enrollment Government
For use with Purchase Agreement with Microsoft Sales Affiliate
Enterprise Enrollment number Previous Enrollment number 7637581
Microsoft to complete Software Advisor to complete
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities identified on the signature form as
of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or Customer's
Affiliate, that entered into the Enterprise Agreement identified on the signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the terms of either the Microsoft Business Agreement or Microsoft
Business and Services Agreement ("Master Agreement") identified on the signature form, (4) the Product
Selection Form, (5) the Product Terms, (6) the Online Service Terms, (7) any Supplemental Contact
Information form, Previous Agreement/Enrollment form and other forms that may be required, (8) the Online
Services Supplemental Terms and Conditions if Customer's Master Agreement is a version 2009 or earlier
and Enrolled Affiliate is ordering Online Services, and (9) any order submitted under this Enrollment. This
Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this
Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement
and the Master Agreement.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day.
Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment
or agreement, the previous Enrollment or agreement number must be identified in the respective boxes
above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN
details, the Previous Agreement/Enrollment form must be used.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement and
applicable Master Agreement. The following definitions also apply:
"Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
EA20201Enr(SUB)(NA)CAN(ENG)(0ct2019) Page 1 of
37 Document X20-10408
"Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
"Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this
program.
"Expiration Date" means the date upon which the Enrollment expires.
"Industry Device" (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (e.g., personal computer), a multi-
function server, or a commercially viable substitute for one of these systems, and (2) only employs an
industry or task -specific software program (e.g., a computer -aided design program used by an architect or
a point of sale program) ("Industry Program"). The device may include features and functions derived from
Microsoft software or third -party software. If the device performs desktop functions (e.g., email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality, and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
"Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
"Microsoft Sales Affiliate" means the Microsoft Affiliate that is authorized to distribute Products and supply
Professional Services ordered under the Enrollment.
"Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
"Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
"Reserved License" means for an Online Service identified as eligible for true -up in the Product Terms, the
License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
"Software" means licensed copies of Microsoft software identified in the Product Terms. Software does not
include Online Services or Services Deliverables, but Software may be part of an Online Service.
"Software Advisor" means an entity authorized by Microsoft and engaged by an Enrolled Affiliate to provide
pre- and post -transaction assistance related to this agreement.
"Use Rights" means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site and updated from
time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the
Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights
supersede the terms of any end user license agreement (on -screen or otherwise) that accompanies a
Product.
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2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 500
Qualified Users or Qualified Devices. The initial order must include at least 500 Licenses in a
single Product pool for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses from the Product
pool for each Enterprise Product ordered to cover all Qualified Users and/or all Qualified
Devices. Enrolled Affiliate may elect to mix Enterprise Products and Enterprise Online
Services within a Product pool as long as all Qualified Devices not covered by a License
are only used by users covered with a user License.
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 500 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products and Services.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate's use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Microsoft Sales Affiliate. Orders must be submitted to Microsoft Sales Affiliate. Microsoft
Sales Affiliate and Enrolled Affiliate determine pricing and payment terms as between them.
Microsoft Sales Affiliate does not have authority to bind or impose any obligation or liability on
the Microsoft Affiliate that enters into this Enrollment.
f. Software Advisor. Enrolled Affiliate must select and work with a Software Advisor authorized
in Enrolled Affiliate's location to provide pre- and post -transaction assistance related to this
Enrollment. Microsoft may pay fees to Software Advisors and other third parties Microsoft
authorizes to assist Enrolled Affiliate in exchange for their advisory services. Software Advisors
and other third parties do not have authority to bind or impose any obligation or liability on
Microsoft.
g. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Software Advisor. New Additional Products, other than Online Services, may be used if an
order is placed in the month the Product is first used. For Additional Products that are
Online Services, an initial order for the Online Service is required prior to use.
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true -up order. Additional Licenses for Online Services must be ordered
prior to use unless the Online Services are (1) identified as eligible for true -up in the Product
Terms or (2) included as part of other Licenses.
h. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts
for changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true -up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the
time the true -up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
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(i i) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true -up order, or the prior
anniversary date and submit a true -up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true -up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices or Qualified Users (if ordering
user -based Licenses) identified on the Product Selection Form, and includes any
additional Qualified Devices and Qualified Users added in any prior true -up orders.
Step-up Licenses and add -on Subscription Licenses do not count towards this total
count.
2) For Enterprise Online Services in a given Product pool that are not a part of an
Enterprise -wide purchase, Licenses can be reduced as long as the initial order
minimum requirements are maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true -up order if,
since the initial order or last true -up order, Enrolled Affiliate's Enterprise has not: (1)
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services, and (2) increased its usage of Additional Products.
This update statement must be signed by Enrolled Affiliate's authorized representative.
(vi) True -up order period. The true -up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third -
year true -up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
may submit true -up orders more often to account for increases in Product usage, but an
annual true -up order or update statement must still be submitted during the annual order
period.
(vii)Late true -up order. If the true -up order or update statement is not received when due,
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
i. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true -up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled "Adding new Products not
previously ordered," then for additional step-up Licenses, by following the true -up order
process.
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Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
k. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Master Agreement.
3. Pricing.
Price levels. Each Product is assigned to a Product pool as shown in the Product Terms.
Price levels (A, B, C or D) are set separately for each pool. Price levels for the applicable
Product pools are set forth in the Product Selection Form. Price levels are reestablished at the
beginning of the renewal term. If Enrolled Affiliate qualifies for a different price level during the
applicable initial or renewal term, Microsoft may at its discretion establish a new price level for
future new orders either upon Enrolled Affiliate's request or on its own initiative. Any changes
will be based upon price level rules in the Product Selection Form.
b. Setting prices. Enrolled Affiliate's prices for each Product or Professional Service will be
established by Microsoft Sales Affiliate.
4. Payment terms.
Payment terms will be established by Microsoft Sales Affiliate.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwise
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products and Services by renewing this Enrollment for one additional 36 month term or by
signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form,
and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any
renewal. Microsoft may make changes to this program that will make it necessary for Customer
and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. If Enrolled Affiliate does not renew prior to the Expiration Date,
access to the Online Services will automatically continue month -to -month in
accordance with the terms of the Enrollment ("Extended Term") for up to one year
unless designated in the Product Terms to continue until cancelled. Pricing for Online
Services during the Extended Term is established by Microsoft Sales Affiliate and
subject to 3% administrative fee. If Enrolled Affiliate does not want an Extended Term,
Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the
Expiration Date.
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2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services without an Extended Term. If Enrolled
Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the
Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled
Affiliate's Enterprise must discontinue use. Microsoft may request written certification to
verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
"Termination for cause" section of the agreement.
e. Early termination. If an Enrolled Affiliate terminates its Enrollment as a result of a breach by
Microsoft, or if Microsoft terminates this Enrollment because Enrolled Affiliate has ceased to
be Customer's Affiliate, then Enrolled Affiliate will have the following options for Licenses,
excluding Subscription Licenses:
(i) It may immediately pay the total remaining amount due, including all installments, in which
case, Enrolled Affiliate will have perpetual rights for all Licenses it has ordered (for the
latest version of Products ordered under Software Assurance coverage in an initial or
renewal term), or
(ii) It may pay only amounts due as of the termination date, in which case Enrolled Affiliate will
have perpetual Licenses (for the latest version of Products ordered under Software
Assurance coverage in an initial or renewal term) for (1) all copies of Products for which
payment has been made in full, and (2) a proportional number of copies of Products it has
ordered for which payment has been made.
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Enrollment Details
1. Enrolled Affiliate's Enterprise.
a. Identify which Affiliates are included in the Enterprise (Required). Affiliates must be separate
legal entities, not departments, divisions, or business units.
Check only one box in this section. If no boxes are checked, Microsoft will deem the
Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will
deem the Enterprise to include the largest number of Affiliates.
® Enrolled Affiliate only
❑ Enrolled Affiliate and all Affiliates
❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise.):
❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether Enrolled Affiliate's Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes.
Name of entity (must be legal entity name)* The City of Saint John.
Contact name: First* SARAH Last* RANSON
Contact email address* sarah.ranson@saintjohn.ca
Street address* 15 MARKET SQ
City* Saint John
Province* NB
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43 Document X20-10408
Postal code* E2L 1 E8
Country* Canada
Phone (506) 649-6047
Tax ID
* indicates required field
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Services,
including adding or reassigning Licenses and stepping -up prior to a true -up order.
® Same as primary contact (default if no information is provided below, even if box is not
checked)
Contact name: First* Last*
Contact email address*
Street address*
City*
Province*
Postal code*
Country*
Phone
Language preference. Choose the language for notices. English
❑ This contact is a third party (not Enrolled Affiliate). Warning
personally identifiable information of the Customer and its Affiliates.
* indicates required field
This contact receives
c. Online Services Manager. This contact is authorized to (1) manage the Online Services
ordered under the Enrollment and (2) reserve Licenses for eligible Online Services, including
adding or reassigning Licenses and stepping -up prior to a true -up order.
® Same as notices contact and Online Administrator (default if no information is provided
below, even if box is not checked)
Contact name: First* Last*
Contact email address*
Phone
❑ This contact is from a third party organization (not the
receives personally identifiable information of the entity.
* indicates required field
entity). Warning: This contact
d. Software Advisor information. Software Advisor's contact for this Enrollment is:
Software Advisor company name* Softchoice LP
Street address (PO boxes will not be accepted)* 173 Dufferin St., Suite 200
City* Toronto
Province* ON
Postal code* M6K 3H7
Country* Canada
Contact name* Licensing Administrator
Phone 416-588-9002 ext 2307
Contact email address* msselquestconfirmation@softchoice.com
* indicates required field
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44 Document X20-10408
By signing below, the Software Advisor identified above confirms that all information provided
in this Enrollment is correct.
Signature*
Printed name*
Printed title* Licensing Administrator
Date*
* indicates required field
Changing a Software Advisor. If Microsoft or the Software Advisor chooses to discontinue
doing business with each other, Enrolled Affiliate must choose a replacement Software Advisor.
If Enrolled Affiliate or the Software Advisor intends to terminate their relationship, the initiating
party must notify Microsoft and the other party using a form provided by Microsoft at least 90
days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional Notices Contact
(ii) Software Assurance Manager
(iii) Subscriptions Manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No.
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Microsoft
Enterprise Purchase Agreement
Enrollment number
Microsoft to complete
Volume Licensing
This Purchase Agreement must be attached to a signature form and
accompanied by an Enterprise Enrollment to be valid.
This Microsoft Enterprise Purchase Agreement ("Agreement") is entered into between the Enrolled Affiliate
and the Microsoft Sales Affiliate identified on the Program Signature Form. It establishes the terms under
which Enrolled Affiliate will order Licenses for Products and Professional Services from the Microsoft Sales
Affiliate. This Agreement will be effective as of the effective date of the Enrollment identified above
("Enrollment") between the Enrolled Affiliate and the Microsoft Licensing Affiliate.
This Agreement consists of the terms and conditions in this document, any Customer Price Sheet that
refers to this Agreement, and any other purchasing documents identified on the Program Signature Form
signed by Enrolled Affiliate and attached to the Enrollment.
Enrolled Affiliate represents that it is the same entity that entered into the Enrollment.
Name of Entity (must be legal entity name)* The City of Saint John.
Language preference. Choose the language for notices. English
Billing contact: This is the contact to which Microsoft Sales Affiliate will send invoices. The Billing
contact may also be contacted regarding purchase order matters or other invoicing queries.
Name of entity* The City of Saint John.
Accounts payable contact name: First* IT Last* Manager
Accounts payable contact email address* sarah.ranson@saintjohn.ca
Street address* 15 MARKET SQ
City* SAINT JOHN
Province* NB
Postal code* E21- 1 E8
Country* Canada
Phone (506) 649-6047
Financing.* Is a purchase under this Agreement being financed through Microsoft Financing?
❑ Yes, ® No
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses
not to finance any associated taxes, it must pay these taxes directly to Microsoft.
*Indicates required fields.
Enrolled Affiliate will notify Microsoft Sales Affiliate in writing if any of the above information changes.
By providing contact information, Enrolled Affiliate consents to its use for purposes of administering
this Purchase Agreement by Microsoft Sales Affiliate, its Affiliates, contractors and other parties that
help administer this agreement. The personal information provided in connection with this agreement
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
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46 Document X20-10806
1. Definitions.
Terms used in this Agreement but not otherwise defined will have the definition provided in the Enrollment.
The following definitions also apply:
"Customer Price Sheet" means the written statement provided to Enrolled Affiliate that contains Enrolled
Affiliate's initial order and associated pricing.
"Microsoft Licensing Affiliate" means the Microsoft legal entity that enters into the Enrollment under which
the Enrolled Affiliate is licensed to access and use Microsoft Products.
"Microsoft Sales Affiliate" refers to the Microsoft legal entity that enters into this Agreement.
2. Ordering and Payment.
a. Orders. Enrolled Affiliate will order Microsoft Products and Professional Services from Microsoft
Sales Affiliate as permitted or required under the Enrollment. Prices will be reflected on the
Customer Price Sheet. Microsoft Sales Affiliate has no obligations with respect to an order until
Microsoft Licensing Affiliate accepts it.
b. Setting prices. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, Enrolled Affiliate's prices for each Product ordered will be fixed throughout the
applicable initial or renewal Enrollment term, provided that Enrolled Affiliate qualifies for the same
price level for the entire term. Price levels and prices are reestablished at the beginning of the
renewal term.
c. Payment terms. Microsoft Sales Affiliate will invoice Enrolled Affiliate for all Products and
Professional Services ordered, and Enrolled Affiliate will pay the amount due to Microsoft Sales
Affiliate according to the terms, payment methods and in the currency stated on Microsoft Sales
Affiliate's invoice and Customer Price Sheet.
d. Spread payment option. For the initial or renewal order Enrolled Affiliate may pay upfront or elect
to spread its payments over the applicable Enrollment term. If spread payments are elected, unless
indicated otherwise on the Customer Price Sheet, Microsoft Sales Affiliate will invoice Enrolled
Affiliate in three equal annual installments. The first installment will be invoiced upon Microsoft
Licensing Affiliate's acceptance of the applicable initial or renewal order and remaining installments
will be invoiced on each subsequent Enrollment anniversary date.
e. Mid-term orders. Mid-term orders will be invoiced upon acceptance of each order. Enrolled
Affiliate may elect to pay annually or upfront for Online Services ordered mid-term but must pay
upfront for all other Licenses ordered mid-term.
f. Reserved Licenses. Payment for a reservation order may be deferred until the next true -up order.
Reserved Licenses will be invoiced retroactively to the month in which they were ordered. If
Enrolled Affiliate fails to submit a true -up order or update statement in accordance with the terms
of the Enrollment, Microsoft Sales Affiliate will invoice Enrolled Affiliate for all Reserved Licenses
not previously ordered.
g. Subscription License reductions. Invoices will be adjusted to reflect any reductions in
Subscription Licenses (as described in the Enrollment) at the true -up order Enrollment anniversary
and effective as of such date.
h. Online Services Extended Term. For the first twelve months of an Extended Term, Online
Services will be invoiced monthly at the then -current published price for Enrolled Affiliate's price
level as of the Enrollment Expiration Date plus a 3% administrative fee. As of the first day of the
thirteenth month of the Extended Term, Online Services that continue until cancelled will be
invoiced at the then -current published price for price level A plus a 3% administrative fee.
i. Taxes. Amounts owed to Microsoft Sales Affiliate are exclusive of any taxes, unless specified on
the invoice as tax inclusive. Enrolled Affiliate shall pay any applicable value added, goods and
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47 Document X20-10806
services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges or any
regulatory cost recovery surcharges or similar amounts that are owed under this Agreement and
that Microsoft Sales Affiliate is permitted to collect from Enrolled Affiliate. Enrolled Affiliate shall be
responsible for any applicable stamp taxes and for all other taxes that it is legally obligated to pay,
including any taxes that arise on the distribution or provision of Products or Professional Services
by Enrolled Affiliate to its Affiliates. Microsoft Sales Affiliate shall be responsible for payment of all
taxes based on its net income, gross receipts taxes imposed in lieu of taxes on income or profits,
and taxes on its property ownership.
If any taxes are required to be withheld on payments made to Microsoft Sales Affiliate, Enrolled
Affiliate may deduct such taxes from the amount owed and pay them to the appropriate taxing
authority, but only if Enrolled Affiliate promptly provides Microsoft Sales Affiliate an official receipt
for those withholdings and other documents reasonably requested to allow Microsoft Sales Affiliate
to claim a foreign tax credit or refund. Enrolled Affiliate will ensure that any taxes withheld are
minimized to the extent possible under applicable law.
3. Termination.
a. Term. This Agreement has the same term as the Enrollment
b. Termination. Without limiting any other remedies it may have, either party may terminate this
Agreement if the other party materially breaches its obligations under this Agreement. Except
where the breach is by its nature not curable within 30 days, the terminating party must give the
other party 30 days' notice of its intent to terminate and an opportunity to cure the breach. A
material breach of this Agreement will be construed as a material breach of the Enrollment. In the
event of termination under this provision by the Microsoft Sales Affiliate, or if the Microsoft Licensing
Affiliate terminates the Enrollment for cause, all amounts due under any unpaid invoices shall
become due and payable immediately. For Subscription Licenses, in the event of a breach by
Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Enrolled Affiliate will
receive a credit for any amount paid in advance for the period after termination.
c. Effect of termination. Enrolled Affiliate's options in the event of early termination or expiration of
the Enrollment are described in the applicable sections of the Enrollment.
4. Confidentiality.
The parties will be bound by the provisions related to Confidentiality in the Master Agreement with respect
to Confidential Information disclosed to each other in the course of their business relationship under this
Agreement.
5. Warranties and Limitation of Liability.
All warranties, obligations to defend against third -party claims and limitations of liability set forth in the
Master Agreement (as modified by any applicable country -specific provisions) shall also apply to claims
under this Agreement. Microsoft Licensing Affiliate is solely responsible for claims relating to the
performance of Products and Microsoft's defense of third -party claims (including claims of intellectual
property infringement). Microsoft Sales Affiliate is not liable for such claims and, to the maximum
extent permitted by applicable law, expressly disclaims all express, implied and statutory
warranties and liability for such claims, including, without limitation, warranties of quality, title, non -
infringement, merchantability, and fitness for a particular purpose.
6. Miscellaneous.
The following provisions apply to this Agreement, notwithstanding anything to the contrary in the Master
Agreement.
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a. Applicable Law. The terms of this Agreement will be governed by the law of the jurisdiction where
the Microsoft Sales Affiliate has its headquarters at the time of entering into this Agreement. The
1980 United Nations Convention on Contracts for the International Sale of Goods and its related
instruments will not apply to this Agreement.
b. Notices. Notices, authorizations, and requests in connection with this Agreement must be sent by
regular or overnight mail or express courier to the addresses and numbers listed in this Agreement.
Notices must be in writing and will be treated as delivered on the date shown on the return receipt
or on the courier confirmation of delivery. Microsoft may provide information to Enrolled Affiliate
about upcoming ordering deadlines, services and subscription information in electronic form,
including by email to contacts provided by Enrolled Affiliate. Emails will be treated as delivered on
the transmission date.
c. Assignment. This Agreement may not be assigned, sublicensed, or otherwise transferred by
Enrolled Affiliate without the prior written consent of Microsoft Sales Affiliate; any attempt to do so
without consent will be void. Microsoft Sales Affiliate may assign any of its rights under this
Agreement, including, without limitation, the right to sue for amounts due and outstanding from
Enrolled Affiliate, without the need for any further consent.
d. Entire Agreement. This Agreement is the parties' entire understanding with respect to this subject
and merges and supersedes all prior Agreements, discussions, and understandings, express or
implied, on this subject. Changes made to this Agreement after it is presented to Enrolled Affiliate
for signature are non -binding unless expressly accepted by both parties. Any terms on Enrolled
Affiliate's purchase order that are additional to or conflict with this Agreement are expressly rejected
and not part of this Agreement.
e. Order of precedence. In the case of a conflict between any documents in this Agreement that is
not expressly resolved in those documents, their terms will control in the following order, from
highest to lowest priority: (1) this Purchase Agreement, (2) the Customer Price Sheet, (3) any other
documents in this agreement. Terms in an amendment control over the amended document and
any prior amendments concerning the same subject matter.
f. Severability. If any provision in this Agreement is held to be unenforceable, the balance of the
agreement will remain in full force and effect.
g. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. Any waiver
must be in writing and signed by the waiving party.
h. Dispute resolution. When bringing any action arising under this Agreement, the parties agree to
the following exclusive venues:
If Microsoft Sales Affiliate brings the action, the venue will be where Enrolled Affiliate has its
headquarters.
If Enrolled Affiliate brings the action against any Microsoft Affiliate located outside of Europe,
the venue will be the state or federal courts in King County, State of Washington, U.S.A.
(iii) If Enrolled Affiliate brings the action against a Microsoft Affiliate located in Europe, and not also
against a Microsoft Affiliate located outside of Europe, the venue will be where such Microsoft
Affiliate has its headquarters.
The parties consent to personal jurisdiction in the agreed venue. This choice of venue does not
prevent either party from seeking injunctive relief in any jurisdiction with respect to a violation of
intellectual property rights or confidentiality obligations.
EA20201PurchaseAgr(SUB)(NA)CAN(ENG)(Oct2019) Page 4 of
49 Document X20-10806
i Microsoft
Volume Licensing
Previous Enrollment(s)/Agreement(s) Form
Entity Name: THE CITY OF SAINT JOHN.
Contract that this form is attached to: Enterprise Enrollment
For the purposes of this form, "entity" can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either
properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Description
Enterprise Enrollment
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1
50 Document X20-12873
Microsoft
Volume Licensing
Commodity Tax Terms & Conditions (Canada Only)(Direct)
This document establishes the commodity tax terms & conditions for purchases of licenses, services,
software assurance, online services, or other products (collectively "Products") purchased under the
associated Enrollment.
This form must be submitted for all new direct enrollments for customers with a Primary Contact Address
located within Canada (hereinafter "Customer"). Furthermore, if Customer is applying a tax exemption in
section 5 below, this form must be submitted to Microsoft for approval prior to submission of the related
Enrollment for acceptance.
For purposes of this document, commodity tax includes any federal or provincial and local taxes, fees,
charges, surcharges or other similar fees or charges imposed on or with respect to Products and Services
that are the subject of the associated Enrollment and include, but are not limited to Goods and Services
Tax, Harmonized Sales Tax, Quebec Sales Tax, and Provincial Sales Tax, and all other federal, provincial
and local taxes and regulatory fees as defined by the applicable laws or authority of the Primary Contact
Address jurisdiction and the Canada Revenue Agency ("Commodity Tax").
1. Customer Information.
a. Customer's legal entity name as it appears on the Enrollment (i.e. the `Primary Contact' on the
Enrollment and Program Signature Form):
Customer's Legal Name* THE CITY OF SAINT JOHN.
b. The Enrollment is for which Licensing Program (e.g. EA, EAS, SCE)?* EA
c. Enrollment Number (to be completed by Microsoft)
2. Application of Commodity Taxes.
Commodity Tax shall be applied to purchases made under the Enrollment based on the laws or authority
of the Primary Contact Address jurisdiction provided in the Enrollment Number referenced in section 1(c),
unless this address is updated. Commodity Tax is not based on any other address identified or indicated
on an invoice. Any other addresses or location(s) identified on an invoice (e.g. country of usage) are for
internal reference only.
L
3. Liability for Taxes.
Customer shall pay all Commodity Taxes imposed on purchases made under this Enrollment.
4. Communication Products and Services.
Microsoft may provide Products and Services to its Customers separately or together with other Products
and Services provided under this Enrollment. Communication services, to the extent included under this
Enrollment, may be subject to additional Commodity Taxes. Microsoft reserves the right, to determine in
its sole discretion, whether to unbundle Products and Services provided to the customer for a single charge
for the purpose of separately applying Commodity Taxes to any of the Products and Services provided
under this Enrollment.
MicrosoftCommodityTaxTermsandConditions(NA)CAN(ENG)(Nov2022) Page 1 of 2
51 Document X20-12936
5. Certification of Commodity Tax Exemption.
Complete this section if a Commodity Tax exemption applies to the purchases made under
this Enrollment.
Pursuant to the law(s) of the jurisdiction for the Primary Contact Address indicated in the Enrollment
Number referenced in section 1c above, purchases made under this Enrollment should not include
Commodity Tax based on the attached exemption documentation identified in the drop -down menu
below:
[Click here to choose document type if an exemption applies]
Exemption applies to:* GST/HST only ❑, PST only ❑, both GST and PST ❑
Any pre -approval granted shall be void if the Customer's legal name in Section 1(a) does not match
the Enrollment submitted for processing.
6. Commodity Tax Status Change Request.
Microsoft has, in good faith, relied upon the Customer's representations regarding Commodity Tax
exemption status for the Enrollment, as identified in Section 5 of this form. If Customer later requests a
change in the Commodity Tax exemption status, the Commodity Tax exemption status change will be
applied on a prospective basis to invoices issued under this Enrollment after the date that the Commodity
Tax exemption status change is processed by Microsoft.
MicrosoftCommodityTaxTermsandConditions(NA)CAN(ENG)(Nov2022) Page 2 of 2
52 Document X20-12936
00 Microsoft
Volume Licensing
Qualifying Government Entity Addendum
This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus
("Agreement") or Enterprise or Enterprise Subscription Agreement ("Agreement") as follows:
1. The following definition is added.
"Eligible Entity" means a public sector entity that meets the criteria set out at
http://www.microsoft.com/licensing/contracts in the document entitled "Microsoft Government Eligibility
Definition."
2. The definitions of "Customer" and "Affiliate" are amended as
follows:
When used in this Agreement or Enrollment, as applicable, "Customer" refers to the Eligible Entity that
signs this Agreement/Enrollment with Microsoft, and the definition of "Affiliate", as set forth in the Master
Agreement, is modified to include only Eligible Entities located in the same country as the Eligible Entity
signing this Agreement/Enrollment, as applicable, with Microsoft.
3. The Minimum Order requirements section of the Agreement is
amended as follows:
Notwithstanding anything to the contrary in the Agreement, an Eligible Entity's Enterprise must have a
minimum of 250 Qualified Users or Qualified Devices, and its initial order must include at least 250
Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. If no Enterprise
Product is ordered, an Eligible Entity need only maintain at least 250 Subscription Licenses for
Enterprise Online Services.
4. The following pricing provision is added.
Customer represents that Customer and Customer's Affiliates are Eligible Entities. As an Eligible Entity,
Customer may receive price level D for all Products and pools under this Agreement/Enrollment, as
applicable.
5. The following "Mid-term Cancellation for Non -appropriation of
Funds" provision is added:
Termination of Enrollment — non -appropriation of funds. Subject to the provisions in the Section
titled "Effect of termination or expiration," a Customer or an Enrolled Affiliate may terminate an
Agreement or Enrollment without liability, penalty or further obligation to make payments if funds to
make payments under the Agreement or Enrollment are not appropriated or allocated for such purpose.
Effect of termination. Upon termination of any Enrollment, the Enrolled Affiliate must order Licenses
for all copies of Products it or its Affiliates have run under its Enrollment for which the Enrolled Affiliate
has not previously submitted an order. Except as provided in the next paragraph, in the event of
termination, all unpaid installments of the purchase price for any Licenses will immediately become due
and payable, and the Enrolled Affiliate will be entitled to perpetual Licenses only after all such payments
have been made.
Early termination. If Customer or Enrolled Affiliate terminates an Enrollment for non -appropriation of
funds, or Microsoft terminates an Enrollment for non-payment due to non -appropriation of funds of
Customer or Enrolled Affiliate, then Customer or the Enrolled Affiliate will have the following options:
a. It may immediately pay the total remaining amount due, including all installments, in which
case the Enrolled Affiliate will have perpetual Licenses for all copies of the Products it has
ordered, or
QualifyingGovEntityAddendum(WW)ExEMEA(ENG)(Oct2019) Page 1 of
53 Document X20-12104
b. It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate
will have perpetual Licenses for (1) all copies of all Products for which payment has been
made in full, and (2) the number of copies of Products it has ordered (including the latest
version of Products ordered under SA coverage in an initial or renewal term) for which
payment has been made in installments that is proportional to the total of payments made
versus total amounts due if the early termination had not occurred.
6. Where "Extended Term" is available for eligible Online Services,
the following is added.
Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended
Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less
than 30 days prior to the Expiration Date.
7. The following provision is added:
Natural Disaster. In the event of a natural disaster, Microsoft may provide additional assistance or
rights by posting them on http://www.microsoft.com at such time.
8. The following "Over -assignment provision" is amended:
The Over -assignment provision does not apply to Government customers.
10
QualifyingGovEntityAddendum(WW)ExEM EA(ENG)(Oct2019)
54
Page 2 of 2
Document X20-12104
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Enterprise Enrollment Product Selection Form
Proposal ID
1313600.007
Language: English (United States)
Microsoft I Volume Licensing
Enrollment Number
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:
Profile
Qualified Devices
Qualified Users
Device / User Ratio
CAL Licensing Model
Enterprise
506
506
1.0
User Licenses
Products
Enterprise Quantity
Microsoft 365 Enterprise
M365 E3 USL Unified
245
M365 E3 From SA Unified
261
Enrolled Affiliate's Product Quantities:
Price Group
1
2
3
4
Enterprise Products
Office Professional Plus+ M365 Apps for
Client Access License +
Client Access License+
Win E3+ Win E5+ Win
Enterprise + Office 365 (Plans E3 and E5)
Office 365 (Plans E1, E3
Windows Intune + EMS
VDA+ Microsoft 365
+ Microsoft 365 Enterprise
and E5) + Microsoft 365
USL+ Microsoft 365
Enterprise
Enterprise
Enterprise
Quantity
506
506
506
506
Enrolled Affiliate's Price Level:
Product Offering/ Pool
Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract documents, Price level set using the
highest quantity from Groups 1 through 4.
D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 1.
D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the highest quantity from
Group 2 or 3.
D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using quantity from Group 4.
D
EA- EASProdSeIForm (WW)(ENG)
CTM
Page 1 of 2
MS Quote
65
Enterprise Enrollment Product Selection Form
Microsoft I Volume Licensing
Notes
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based upon the quantity to price
level mapping below:
Quantity of Licenses and Software Assurance
Price Level
2,399 and below
A
2,400 to 5,999
B
6,000 to 14,999
C
15,000 and above
D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased.
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional
Products in the same pool will be price level "A" throughout the term of the Enrollment.
EA- EASProdSeIForm (WW)(ENG)
CTM
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MS Quote
r�
'The city of saint John
PROCLAMATION
WHEREAS: the Government of Canada recognizes the week of
May 14-20, 2023, as National Police Week; and
WHEREAS: the Saint John Police will be recognized as providing
exemplary leadership and service reflective of the public
safety needs of the community to enhance the quality of life;
and
WHEREAS: the Saint John Police has grown to be a modern and scientific
law enforcement body, which increasingly provides a vital
public service; and
WHEREAS. every day, our law enforcement officers render dedicated
service to our community; and
WHEREAS. it is important that all citizens know and understand the
problems, duties and responsibilities of their police force,
recognize their duty to serve the people by safeguarding life
and property, by protecting them against deception and the
weak against oppression or intimidation.
NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby
proclaim the week of May 14 to May 20, 2023, as "National Police Week", in
honour of those whose dedication, professionalism and significant daily
contribution keep our citizens and communities safe_
In witness whereof I have set my hand and affixed the official seal of the Mayor
of the City of Saint John.
67
PROCLAMATION
WHEREAS: Tourette Syndrome is a neurological condition that causes those affected
to make involuntary sounds and movements called tics. These can be
simple or complex in nature.
WHEREAS: With most diagnosed in their youth, it is estimated roughly 1% of the
Canadians are living with Tourette Syndrome, and up to 70% of children
and youth with Tourette Syndrome experience bullying at some point
during their years in school.
WHEREAS: Tourette Canada is a nationally registered, volunteer -based charity that
was established in 1976. The organization's mission is to create
awareness, support and understanding through education, advocacy and
community outreach.
WHEREAS: Continued support is critically needed to deliver programs to assist people
living with Tourette Syndrome and their families. Currently, Tourette
Canada provides programming through virtual support groups and In -
Service presentations to a variety of workplaces, including to educators
and law enforcement. Programs are structured to promote broad -based
national awareness and understanding of Tourette Syndrome; educate
the community and support meaningful engagement between children,
adults and families living with Tourette and the community at large.
WHEREAS: Tourette Syndrome Awareness Month is an international awareness
movement held annually.
NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim
May 151h to June 151h, 2023 as Tourette Syndrome Awareness Month; and June 71h, 2023
as National Tourette Syndrome Day in The City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the Mayor of the
City of Saint John.
I*
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Staff Recommendation for Council Resolution
File/Application: Housekeeping Amendments — Zoning By -Law
Public Hearing, 1s' and 2nd Reading completed on May 1, 2023
3rd Reading: May 15, 2023
Item:
Required:
Recommendation
(Y/N)
Municipal Plan
No
Amendment
Zoning By -Law
Yes
That Common Council give 3rd reading to By -Law Number
Amendment
C.P. 111-XX a Law To Amend The Zoning By -Law of The City
of Saint John.
Recission of
No
Previous s. 39/s.
59 Conditions
Section 59
No
Conditions
Section 59
No
Agreement
Section 131
No
Agreement
Other
No
E-11I
BY-LAW NUMBER C.P.111-150
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
ARRETE No C.P.111-150
ARRETE MODIFIANT
L'ARRETE DE ZONAGE DE
THE CITY OF SAINT JOHN
Le conseil communal de The City of
Saint John, etant reuni, edicte ce qui suit :
The Zoning By-law of The City of L'Arrete de zonage de The City of
Saint John enacted on the fifteenth day of Saint John, edicte le 15 decembre 2014, est
December, A.D. 2014, is amended by: ainsi modifie :
1. Section 3.1 is amended by adding the
definition for "shipping container"
immediately after the words "service
station" as follows:
"shipping container" means an enclosed
unit used or intended to be used for
storing and transporting goods via ship,
rail or truck, whether or not it is
actually used for such a purpose or has
been modified from that purpose.
1. L'article 3.1 est modifie par adjonction
de la definition du terme « conteneur
d'expcdition » qui suit immediatement
apres la definition du terme
construction principale v :
conteneur d'expcdition » Bloc ferme
utilise on destine a titre utilise pour
1'entreposage et le transport de biens
par navire, train on camion, qu'il soit
effectivement utilise a cette fin on non
et meme s'il a etc modifie de sorte a ne
plus pouvoir servir a cette fin.
2. Section 3.1 is amended by deleting 2. L'article 3.1 est modifie par abrogation
"supportive facility" and replacing it de la definition du terme
with the following: « etablissement de soutien » et par son
remplacement par cc qui suit:
"supportive facility — major" means (a)
An establishment licensed or approved
by a government agency that provides
care and or supervision to 10 or more
residents on a 24-hour basis by
professional staff or (b) An
establishment devoted to retired
residents where common amenities and
services, including communal dining,
are provided exclusively to such senior
residents.
"supportive facility — minor" means an
establishment licensed or approved by
a government agency that provides
care and/or supervision on a 24-hour
basis by professional staff to a
maximum of 10 residents under the age
of 19 or to a maximum of 9 residents
of any age pursuant to Provincial
Licensing standards, but not both.
etablissement de soutien pour
majeurs » S'entend de cc qui suit: a)
un etablissement agree par un
organisme gouvernemental on titulaire
d'un permis delivre par un tel
organisme, ou un personnel
professionnel fournit des soins on
assure une surveillance, on les deux,
24 heures sur 24, a 10 residants on
plus; b) un etablissement destine a des
residants retraites oft des agrements et
services communs, y compris les repas,
sont dispenses exclusivement a ces
residants ainss.
etablissement de soutien pour
mineurs » Etablissement agree par un
organisme gouvernemental on titulaire
d'un permis delivre par un tel
organisme, ou un personnel
professionnel fournit des soins on
assure une surveillance, on les deux,
24 heures sur 24, a un maximum de
10 residants ages de moins de 19 ans
on a un maximum de 9 residants de
tons ages conformement aux normes
provinciales d'attribution des permis,
mais pas aux deux.
82
3. Section 3.1 is amended by deleting
"supportive housing" and replacing it
with the following:
"supportive housing" an establishment
that provides housing with wrap-
around services to individuals or
family units. The services may include
monitoring, counselling, teaching, life
skills development, and the use of
common living spaces. The definition
does not include rooming houses.
4. Section 8.17 is repealed and replaced
with the following:
8.17 (a) Except as otherwise provided
by this By-law, a shipping container, a
farm tractor, a motor vehicle, a road
building machine, a tractor engine, a
tractor trailer, or any other vehicle
drawn, propelled or driven by any kind
of power regardless of whether such
vehicle has been modified or no longer
functions or resembles a vehicle, shall
not be permitted in any zone as a main
building or structure or as an accessory
building or structure.
(b) A shipping container may be used
as an accessory building or structure in
the following zones, subject to the rules
of that zone for an accessory building
or structure.
• Light Industrial (IL)
• Medium Industrial (IM)
• Heavy Industrial (11T)
• Pit and Quarry (PQ)
• Transportation (T)
• Utility Service (US)
• Utility Service Landfill (USL)
• Future Development (FD)
• Rural Use (RU)
• Green Energy Zone (GE)
5. Section 9.2 is amended by repealing
9.2(f) and replacing it with the
following:
3. L'article 3.1 est modifie par abrogation
de la definition du terme « logement
avec services de soutien » et son
remplacement par ce qui suit:
logement avec services de soutien »
Etablissement qui fournit a des
personnes seules on a des unites
familiales un logement avec services
complets, pouvant notamment inclure
la surveillance, le counseling,
1'enseignement, le developpement des
habiletes fondamentales et 1'utilisation
d'espaces de vie communes; cependant,
la presente definition ne vise pas les
maisons de chambres.
4. L'article 8.17 est abroge et remplace
par cc qui suit:
8.17a) Sauf disposition contraire du
present arre"te, ne sont permis dans
aucune zone comme bdtiment principal
on accessoire on comme construction
principale on accessoire, les conteneurs
d'expedition, les tracteurs agricoles, les
vehicules A moteur, 1'equipement de
construction routiere, les moeurs de
tracteurs, les camions gros porteurs on
tout autre vehicule tire, propulse on mfi
par quelque force que ce soit, pen
importe que ce vehicule ait ete modifie,
ne fonctionne plus on ne ressemble
plus A un vehicule.
b) Un conteneur d'expedition pent e"tre
utilise comme bdtiment on construction
accessoire dans les zones suivantes,
sous reserve des regles applicables aux
bdtiments on constructions accessoires
dans la zone :
• zone d'industrie legere (IL)
• zone d'industrie moyenne (IM)
• zone d'industrie lourde (IH)
• zone de carrieres et de gravieres (PQ)
• zone de transports (T)
• zone de services publics (US)
• zone de services publics — decharge
controlee (USL)
• zone d'amenagement futur (FD)
• zone rurale (RU)
• zone d'energie verte (GE)
5. L'article 9.2 est modifie par abrogation
de son alinea fl et son remplacement
par ce qui suit :
9.2(f) No home day care, home i) les foyers-garderies, activites
occupation, garden suite, professionnelles A domicile, pavillons-
neighbourhood day care, secondary jardins, garderies de quartier,
83
suite, supportive housing or supportive
facility is permitted in any building on
the lot.
6. Section 9.4 is amended by repealing
9.4(f) and replacing it with the
following:
9.4(f) No bed and breakfast, garden
suite, home occupation, neighbourhood
day care, secondary suite, supportive
housing or supportive facility is
permitted in any building on the lot.
7. Section 9.5 is amended by repealing
9.5(a)(vi) and replacing it with the
following:
9.5(a)(vi) No bed and breakfast, home
occupation, garden suite,
neighbourhood day care, secondary
suite, supportive housing or supportive
facility is permitted in any building on
the lot.
8. Section 9.5 is amended by repealing
9.5(b)(viii) and replacing it with the
following:
9.5(b)(viii) No bed and breakfast,
home occupation, garden suite,
neighbourhood day care, secondary
suite, supportive housing or supportive
facility is permitted in any building on
the lot.
9. Section 9.8 is amended by repealing
9.80) and replacing it with the
following:
9.80) No bed and breakfast, home day
care, neighbourhood day care,
secondary suite, supportive housing or
supportive facility is permitted in any
building on the lot.
logements accessoires, logements avec
services de soutien et etablissements de
soutien ne sont permis dans aucun
batiment siue sur le lot.
6. L'article 9.4 est modifie par abrogation
de son alinea f) et son remplacement
par cc qui suit:
f) les gites touristiques, pavillons-
jardins, activites professionnelles a
domicile, garderies de quartier,
logements accessoires, logements avec
services de soutien et etablissements de
soutien ne sont permis dans aucun
batiment siue sur le lot.
7. L'article 9.5 est modifie par abrogation
de son sous-alinea a)(vi) et son
remplacement par cc qui suit:
(vi) les gites touristiques, activites
professionnelles a domicile, pavillons-
jardins, garderies de quartier,
logements accessoires, logements avec
services de soutien et etablissements de
soutien ne sont permis dans aucun
batiment siue sur le lot.
8. L'article 9.5 est modifie par abrogation
de son sous-alinea b)(viii) et son
remplacement par cc qui suit:
(viii) les gites touristiques, activites
professionnelles a domicile, pavillons-
jardins, garderies de quartier,
logements accessoires, logements avec
services de soutien et etablissements de
soutien ne sont permis dans aucun
batiment siue sur le lot.
9. L'article 9.8 est modifie par abrogation
de son alinea j) et son remplacement
par cc qui suit:
j) les gites touristiques, foyers-
garderies, garderies de quartier,
logements accessoires, logements avec
services de soutien et etablissements de
soutien ne sont permis dans aucun
batiment siue sur le lot.
10. Section 99(2) is amended by repealing 10. Le paragraphe 99(2) est modifie par
99(2)(i) and replacing it with the abrogation de son alinea i) et son
following: remplacement par cc qui suit :
9.2(i) No bed and breakfast, garden
suite, home day care, neighbourhood
day care, secondary suite, supportive
housing or supportive facility is
permitted in any building on the lot.
i) les gites touristiques, pavillons-
jardin,foyers-garderies, garderies de
quartier, logements accessoires,
logements avec services de soutien et
etablissements de soutien ne sont
84
permis dans aucun bdtiment situe sur le
lot.
11. Section 9.13 is amended by repealing 11. L'article 9.13 est modifie par
9.13(i) and replacing it with the abrogation de son alinea i) et son
following: remplacement par cc qui suit:
9.13(i) No bed and breakfast, garden
suite, home day care, home occupation,
neighbourhood day care, supportive
housing or supportive facility is
permitted in any building on the lot.
i) les gites touristiques, pavillons-
jardins, foyers-garderies, activites
professionnelles a domicile, garderies
de quartier, logements avec services de
soutien et etablissements de soutien ne
sont permis dans aucun bdtiment siue
sur le lot.
12. Section 9.14 is amended by repealing 12. L'article 9.14 est modifie par
9.14(a) and replacing it with the abrogation de son alinea a) et son
following: remplacement par cc qui suit:
(a) Supportive housing shall be limited
to a maximum of 12 dwelling units;
a) les logements avec services de
soutien peuvent contenir un montant
maximal de 12 logements;
13. Section 9.14 is amended by repealing 13. L'article 9.14 est modifie par
9.14(e) and replacing it with the abrogation de son alinea e) et son
following: remplacement par cc qui suit:
(e) No bed and breakfast, garden suite,
home day care, home occupation,
neighbourhood day care, secondary
suite, or supportive facility is permitted
in any building on the lot.
14. Section 9.17 is amended by repealing
9.17(5) and replacing it with the
following:
9.17(5) Nothing in this By-law shall
prevent a structure erected for a special
occasion or holiday, such as, but not
limited to, a banner, an inflated
balloon, an inflated character, a
pennant, a search light, a spinner, a
streamer, a shipping container or a tent
provided the temporary special
occasion structure is removed within
seven days after the event.
15. Section 10 is amended by deleting the
words "Supportive Facility" in Table
10-1 and replacing them with
"Supportive Facility — major".
e) les g"rtes touristiques, pavillons-
jardins, foyers-garderies, activites
professionnelles d domicile, garderies
de quartier, logements accessoires et
etablissements de soutien ne sont
permis dans aucun bdtiment sur le lot.
14. Le paragraphe 9.17(5) est abroge et
remplace par cc qui suit :
9.17(5) Le present arrete n'a pas pour
effet d'empecher 1'edification d'une
construction en vue de la tenue d'une
activite speciale on pour une fete, y
compris notamment une banniere, un
ballon gonfle, un personnage gonfle, un
fanion, un projecteur, un objet toumant,
une banderole, un conteneur
d'expedition on une tente, a condition
que la construction temporaire
afferente a la tenue d'une activite
speciale soit enlevee dans les 7 jours
qui suivent sa tenue.
15. L'article 10 est modifie par
suppression, an tableau 10-1, des mots
o Etablissement de soutien » et leur
remplacement par « Etablissement de
soutien pour majeurs v.
16. Section 10 is amended by adding to 16. L'article 10 est modifie par adjonction
Table 10-1 the following words under de cc qui suit an tableau 10-1, sous les
the following headings: rubriques suivantes :
85
Use Zone Permitted
Supportive RC, RH, RM, RL, R2,
Facility - RI, RSS, RS, RR, RMX
minor
17. Subsection 10.1(1) is amended by
deleting the words "Supportive Facility,
subject to subsection 10.1(2)" and
replacing them with "Supportive
Facility - major, subject to subsection
10.1(2);"
18. Subsection 10.1(1) is amended by
adding the words "Supportive Facility
- minor" immediately after the words
"Supportive Facility - major, subject to
subsection 10.1(2);"
19. Subsection 10.2(1) is amended by
deleting the words "Supportive
Facility" and replacing them with
"Supportive Facility - major;"
20. Subsection 10.2(1) is amended by
adding the words "Supportive Facility
- minor" immediately after the words
"Supportive Facility - major;"
21. Subsection 10.3(1) is amended by
deleting the words "Supportive Facility,
subject to subsection 10.3(2)" and
replacing them with "Supportive
Facility - major, subject to subsection
10.3(2);"
22. Subsection 10.3(1) is amended by
adding the words "Supportive Facility
- minor" immediately after the words
"Supportive Facility - major, subject to
subsection 10.3(2);"
Usage Zone ou permis
Etablissement RC, RH, RM, RL, R2,
de soutien RI, RSS, RS, RR,
pour mineurs RMX
17. Le paragraphe 10.1(1) est modifi6 par
suppression de 1'entree « 6tablissement
de soutien, sous r6serve du
paragraphe 10.1(2); » et son
remplacement par « 6tablissement de
soutien pour majeurs, sous r6serve du
paragraphe 10.1(2); ».
18. Le paragraphe 10.1(1) est modifi6 par
insertion des mots « 6tablissement de
soutien pour mineurs; » imm6diatement
apres « 6tablissement de soutien pour
majeurs, sous r6serve du
paragraphe 10.1(2); ».
19. Le paragraphe 10.2(1) est modifi6 par
suppression de 1'entree «6tablissement
de soutien; v et son remplacement par
6tablissement de soutien pour
majeurs; v.
20. Le paragraphe 10.2(1) est modifi6 par
insertion de 1'entree « 6tablissement de
soutien pour mineurs; » imm6diatement
apres « 6tablissement de soutien pour
majeurs; ».
21. Le paragraphe 10.3(1) est modifi6 par
suppression de 1'entree «6tablissement
de soutien, sous r6serve du
paragraphe 10.3(2); » et son
remplacement par « 6tablissement de
soutien pour majeurs, sous r6serve du
paragraphe 10.3(2); ».
22. Le paragraphe 10.3(1) est modifi6 par
insertion de 1'entree «6tablissement de
soutien pour mineurs; » imm6diatement
apres o 6tablissement de soutien pour
majeurs, sous r6serve du
paragraphe 10.3(2); ».
23. Subsection 10.3(2) is amended by 23. Le paragraphe 10.3(2)b) est Am& et
repealing 10.3(2)(b) and replacing it remplac6 par ce qui suit :
with the following:
10.3(2)(b) A Rooming House, or
Supportive Facility - major permitted in
subsection 10.3(1) shall be subject to
the following:
(i) The lot shall only contain one of
these land uses, and shall be at
least 60 metres away from
another lot in the RC zone that
also contains one of these above
uses; and
b) Les maisons de chambres et les
6tablissements de soutien pour majeurs
permis par le paragraphe 10.3(1) sont
subordonn6s aux conditions suivantes :
(i) un seul de ces usages de terrains
ne pent &re exerc6 sur un lot et
le lot doit se trouver a une
distance minimale de 60 metres
d'un autre lot dans la zone RC
0
(ii) A Rooming House shall be
limited to a maximum of nine
residents.
24. Subsection 10.4(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
25. Subsection 10.5(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
26. Subsection 10.6(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
27. Subsection 10.7(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
28. Subsection 10.9(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
29. Subsection 10.10(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
30. Subsection 10.1l(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Secondary Suite, subject to section
9.13;"
31. Section 11 is amended by deleting the
words "Supportive Facility" in Table
11-1 and replacing them with
"Supportive Facility - major".
sur lequel est aussi exerce un de
ces usages;
(ii) les maisons de chambres ne
doivent pas heberger plus de
9 residants.
24. Le paragraphe 10.4(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; v immediatement
apres « ensemble d'habitations en
ran gee ne comportant pas plus de
6logements; v.
25. Le paragraphe 10.5(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « activite professionnelle a
domicile, sous reserve de
Particle 9.9: ».
26. Le paragraphe 10.6(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « activite professionnelle a
domicile, sous reserve de
Particle 9.9; ».
27. Le paragraphe 10.7(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « activite professionnelle a
domicile, sous reserve de
Particle 9.9: ».
28. Le paragraphe 10.9(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « activite professionnelle a
domicile, sous reserve de
Particle 9.9; ».
29. Le paragraphe 10.10(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « activite professionnelle a
domicile, sous reserve de
Particle 9.9; ».
30. Le paragraphe 10.1l(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « activite professionnelle a
domicile, sous reserve de
Particle 9.9; ».
31. L'article 11 est modifie par
suppression, an tableau 11-1, des mots
bablissement de soutien » et leur
remplacement par « bablissement de
soutien pour majeurs ».
87
32. Section 11 is amended by adding to 32. L'article 11 est modifie par adjonction
Table 11-1 the following words under de ce qui suit an tableau 11-1, sous les
the following headings: rubriques suivantes :
Use Zone Permitted
Supportive CU, CRC, CG, CM,
Facility - CL, CRG
minor
33. Subsection 11.1(1) is amended by
deleting the words "Supportive
Facility" and replacing them with
"Supportive Facility - major;"
34. Subsection 11.1(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Supportive Facility - major;"
35. Subsection 11.3(1) is amended by
deleting the words "Supportive
Facility" and replacing them with
"Supportive Facility - major;"
36. Subsection 11.3(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Supportive Facility - major;"
37. Subsection 11.7(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Service Station, subject to paragraph
11.7(3)(d);"
38. Subsection 11.8(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Service and Repair, Household;"
39. Subsection 11.9(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Service and Repair, Household;"
40. Subsection 11.11(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words "
Service Station, subject to paragraph
11. 1 1(3)(c); "
41. Section 13 is amended by deleting the
words "Supportive Facility" in Table
13-1 and replacing them with
"Supportive Facility - major".
Usage Zone ou permis
Etablissement CU, CRC, CG, CM,
de soutien CL, CRG
pour mineurs
33. Le paragraphe 11.1(1) est modifie par
suppression de 1'entree « etablissement
de soutien; v et son remplacement par
etablissement de soutien pour
majeurs; ».
34. Le paragraphe 11.1(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « etablissement de soutien pour
majeurs; ».
35. Le paragraphe 11.3(1) est modifie par
suppression de 1'entree « etablissement
de soutien; » et son remplacement par
etablissement de soutien pour
majeurs; ».
36. Le paragraphe 11.3(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « etablissement de soutien pour
majeurs; ».
37. Le paragraphe 11.7(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « epicerie; ».
38. Le paragraphe 11.8(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « epicerie; ».
39. Le paragraphe 11.9(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « epicerie; ».
40. Le paragraphe 11.11(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « epicerie; ».
41. L'article 13 est modifie par
suppression, an tableau 13-1, des mots
Etablissement de soutien » et leur
remplacement par « Etablissement de
soutien pour majeurs ».
0
42. Section 13 is amended by adding to 42. L'article 13 est modifie par adjonction
Table 13-1 the following words under de ce qui suit an tableau 13-1, sous les
the following headings: rubriques suivantes :
Use Zone Permitted
Supportive CFN, CFM
Facility —
Minor
43. Subsection 13.1(1) is amended by
deleting the words "Supportive
Facility" and replacing them with
"Supportive Facility — major;"
44. Subsection 13.1(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Supportive Facility - major;"
45. Subsection 13.2(1) is amended by
deleting the words "Supportive
Facility" and replacing them with
"Supportive Facility — major;"
46. Subsection 13.2(1) is amended by
adding the words "Supportive Facility -
minor" immediately after the words
"Supportive Facility - major;"
Usage Zone ou permis
Etablissement CFN, CFM
de soutien
pour mineurs
43. Le paragraphe 13.1(1) est modifie par
suppression de 1'entree « etablissement
de soutien; » et son remplacement par
etablissement de soutien pour
majeurs; ».
44. Le paragraphe 13.1(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « etablissement de soutien pour
majeurs; ».
45. Le paragraphe 13.2(1) est modifie par
suppression de 1'entree « etablissement
de soutien; » et son remplacement par
etablissement de soutien pour
majeurs; ».
46. Le paragraphe 13.2(1) est modifie par
insertion de 1'entree « etablissement de
soutien pour mineurs; » immediatement
apres « etablissement de soutien pour
majeurs; ».
47. Section 14 is amended by adding to 47 L'article 14 est modifie par adjonction
Table 14-1 the following words under de ce qui suit an tableau 14-1, sous les
the following headings: rubriques suivantes :
Use Zone Permitted
Supportive RU
Facility —
minor
48. Section 14 is amended by deleting the
words "Supportive Housing" in Table
14-1 and replacing them with the
following words under the following
headings:
Use Zone Permitted
Supportive RU
Housing
49. Subsection 14.1(1) is amended by
deleting "Supportive Housing, subject
to 9.14;"
Usage Zone ou permis
Etablissement RU
de soutien
pour mineurs
48. L'article 14 est modifie par
suppression, an tableau 14-1, des mots
Logement avec services de soutien »
et leur remplacement par ce qui suit
sous les rubriques suivantes :
Usage Zone oft permis
Logement RU
avec services
de soutien
49. Le paragraphe 14.1(1) est modifie par
suppression de 1'entree « logement
avec services de soutien, sous reserve
de Particle 9.14; ».
- all as shown on the plan attached hereto
and forming part of this by-law.
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. 2023 and signed by:
Mayor/Maire
- toutes les modifications sont indiquees sur
la carte ci-jointe qui fait partie du present
arre"te.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arre"te le 2023,
avec les signatures suivantes
City Clerk/Greffier communal
First Reading - May 1, 2023 Premiere lecture
Second Reading - May 1, 2023 Deuxieme lecture
Third Reading - Troisieme lecture
le 1 mai 2023
le 1 mai 2023
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By-law respecting
Flyer Distribution in
The City of Saint John
By-law Number LG - 20
An uncertified copy of this by-law
is available online
Arrete concernant la
distribution de circulaires
dans The City of Saint John
Arrete numero LG - 20
Une copie non certifiee de 1'arrete
est disponible en ligne
021
-2-
TABLE OF CONTENTS TABLE DES MATIERES
Section
Description
Page
Article
Designation
Page
Recitals
3
Pr6ambule
3
1
Title
3
1
Titre
3
2
Definitions
4
2
Definitions
4
3
Interpretation
5
3
Interpr6tation
5
4
Signage
6
4
Affichage
6
5
Flyer Distribution
7
5
Distribution de circulaires
7
6
Exemptions
7
6
Exceptions
7
7
Offences
8
7
Infractions
8
8
Administrative Penalties
8
8
P&nalit&s administratives
8
Schedule "A"
10
Annexe « A »
10
My
-3-
RECITALS
WHEREAS, The City of Saint John deems it
advisable to pass this by-law because it will
establish standards to regulate and control the
distribution of flyers in The City of Saint John;
AND WHEREAS, paragraph 10(1)(h) of the
Local Governance Act, S.N.B.2017, c.18,
authorizes a local government to make by-laws
respecting businesses, business activities and
persons engaged in business;
AND WHEREAS, section 147 of the Local
Governance Act, states that a local government
may, by by-law, provide that a person who
violates or fails to comply with any provision of a
by-law commits an offence;
AND WHEREAS, subsection 156(1) of the Local
Governance Act, states that a local government
may require administrative penalties to be paid in
respect of a contravention of a provision of a by-
law of the local government;
AND WHEREAS, notice of this by-law, and of
the Common Council meeting at which this By-
law was discussed, was provided in accordance
with the provisions of the Local Governance Act.
PREAMBULE
ATTENDU QUE, The City of Saint John juge
opportun de prendre le present arret6 destine a
r6glementer et contr6ler la distribution de
circulaires daps The City Saint John; et
ATTENDU QUE, l'alin6a 10(1)h) de la Loi sur la
gouvernance locale, L.N.-B. 2017, ch. 18, autorise
un gouvernement local a prendre des arret&s
concernant les entreprises, les activit&s
commerciales et les personnes qui exercent ces
activit&s; et
ATTENDU QUE, Particle 147 de la Loi sur la
gouvernance locale, pr6voit que, par voie d' arret6,
un gouvernement local peut pr&voir que commet
une infraction quiconque contrevient ou omet de
se conformer a quelque disposition que ce soit
d' un arret6; et
ATTENDU QUE, le paragraphe 156(1) de la Loi
sur la gouvernance locale, pr6voit qu'un
gouvernement local peut exiger le paiement de
p&nalit&s administratives relativement a toute
contravention a une disposition d'un arret6 du
gouvernement local; et
ATTENDU QUE, avis du present arret6 et de la
r6union du conseil communal a laquelle it a &t&
d6battu a &t& donn& conform6ment a la Loi sur la
gouvernance locale.
NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The
The City of Saint John, enacts as follows: City of Saint John &dicte :
Title
1 This By-law may be cited as the Flyer
Distribution By-law (hereinafter the `By-law").
Titre
1 Le pr6sent arret6 peut &re cit& sous le titre
Arrete sur la distribution de circulaires (ci-apr&s
1' arret6 »).
019]
Definitions
Definitions
2 The following definitions apply in this By- 2 Les definitions qui suivent s'appliquent au
law: present arrete :
"by-law enforcement officer" means a by-law
enforcement officer appointed pursuant to
section 72 of the Local Governance Act, and
designated by resolution by Common Council;
(agent charge de Vexecution des arretes)
agent charge de 1'execution des arretes »
designe un agent charge de 1'execution des arretes
nomme conformement a Particle 72 de la Loi sur
la gouvernance locale, et designe par resolution
par le conseil communal; (by-law enforcement
officer)
"City" means The City of Saint John; « municipalite » designe la municipalite de Saint
(municipalite) John; (City)
"Common Council" means the elected municipal
council of the City; (conseil communal)
"distributor" means a person engaged in the
distribution of flyers in the City and includes any
employee or person acting on their behalf whether
under contract or otherwise; (distributeur)
"flyer" means a non -subscription -based printed or
written material, and includes a circular, leaflet,
pamphlet, paper, booklet, postcard, coupon, or any
other reproduced material, that:
(a) advertises or promotes any
merchandise, product, commodity or thing;
o conseil communal » designe les membres elus
du conseil municipal de la municipalite (Common
Council);
distributeur » designe une personne qui
distribue des circulaires dans la municipalite y
compris tout employe ou personne qui agit en leur
nom que ce soit dans le cadre d'un contrat ou
autre; (distributor)
circulaire » designe un document imprime ou
ecrit qui n'est pas sous forme d'abonnement, y
compris un prospectus, un depliant, une brochure,
un document, un livret, une carte postale, un
coupon ou tout autre document reproduit :
a) qui fait la publicite ou la promotion de
toute marchandise, produit, denree ou
chose;
(b) directs attention to any business, b) qui attire 1'attention sur une entreprise, un
commercial establishment or business etablissement commercial ou une activite
activity, for the purpose of either directly commerciale daps le but de promouvoir
or indirectly promoting the interests ses interets que ce soit de maniere directe
thereof, or ou indirecte;
(c) directs attention to or advertises any
gathering, performance, exhibition or event
of any kind for which an admission is
c) qui attire 1'attention sur un rassemblement,
une representation, une exposition ou un
evenement de quelque nature que ce soit
�L!
-5-
charged for the purpose of commercial gain
or profit; (circulaire)
pour lequel un droit d' entree est demand&
ou en fait la publicit& dans le but d'en tirer
un gain commercial ou un profit; (flyer)
"housing unit" means a place of dwelling; (unite « unite d'habitation» designe un local
d'habitation) d'habitation; (housing unit)
"newspaper" means a paper containing news,
intelligence, occurrences, pictures or illustrations,
or remarks or observations on it, printed for sale
and published periodically, or in parts or numbers,
at intervals not exceeding 31 days between the
publication of any two of the papers, parts or
numbers; (journal)
"person" means an individual, corporation,
association, partnership or society; (personne)
"residential owner" means a person having
ownership, possession, charge or control of a
residential property; (proprietaire d'immeuble
residentiel)
"residential property" means a single parcel of
land with an assigned Provincial Property Account
Number (PAN) used only for residential purposes,
including all single and double housing units,
individual townhouse units, apartment and
condominium buildings with not more than four
apartments or condominium units, rooming houses
with not more than nine roomers and combination
rooming house/apartment building with not more
than nine sleeping units (rooms); (immeuble
residentiel)
Interpretation
journal » designe un journal qui contient des
nouvelles, des renseignements, des r&cits
d'evenements, des images ou illustrations, des
remarques ou des observations a leur sujet et qui
est imprime a des fins de vente et publi&
p&riodiquement en parties ou en numeros, a trente
et un jours d'intervalle au plus entre la parution de
deux numeros ou de deux parties de ces numeros
du journal; (newspaper)
o personne » designe un individu, une
corporation, une association, une societe en nom
collectif ou une societe; (person)
o proprietaire d'immeuble residentiel » designe
une personne qui est proprietaire, qui a la
possession, qui est en charge ou qui a le controle
d'un immeuble residentiel; (residential owner)
o immeuble residentiel » designe une parcelle de
terre individuelle a laquelle est assignee un
num&ro de compte du bien (NCB) provincial et
utilis&e uniquement a des fins r&sidentielles, y
compris toutes les habitations unifamiliales ou
bifamiliales, les maisons en range individuelles,
les immeubles a appartements et les
condominiums ne comprenant pas plus de quatre
appartements ou unites condominiales ainsi que
les maisons de chambres n'ayant pas plus de neuf
locataires et un edifice combinant maison de
chambres/immeuble d'habitation comprenant au
plus neuf chambres; (residential property)
Interpretation
3 Rules for interpretation of the language 3 Les r&gles d'interpretation suivantes
used in this By-law are contained in the lettered s'appliquent au present arret& :
OR
paragraphs as follows:
(a) The captions, article and section
names and numbers appearing in this By-
law are for convenience of reference only
and have no effect on its interpretation.
(b) This By-law is to be read with all
changes of gender or number required by
the context.
(c) Each reference to legislation in this
By-law is printed in Italic font. The
reference is intended to include all
applicable amendments to the legislation,
including successor legislation. Where this
By-law references other by-laws of the
City, the term is intended to include all
applicable amendments to those by-laws,
including successor by-laws.
(d) The requirements of this By-law are
in addition to any requirements contained
in any other applicable by-laws of the City
or applicable provincial or federal statutes
or regulations.
(e) If any section, subsection, part or
parts or provision of this By-law, is for any
reason declared by a court or tribunal of
competent jurisdiction to be invalid, the
ruling shall not affect the validity of the
By-law as a whole, nor any other part of it.
(f) The schedules attached to this By-law
are included in and shall be considered part
of this By-law.
Signage
4(1) A residential owner may post a "No
Flyers" sign at their residential property either on
the front door, in the front lawn, or in a manner
that is visible from the street.
a) Les titres, intertitres et numeros des
dispositions ne servent qu'a faciliter la
consultation de 1'arrete et ne doivent pas
servir a son interpretation.
b) Le genre ou le nombre grammaticaux
doivent etre adaptes au contexte.
c) Les renvois legislatifs paraissent en
italique. Le renvoi a une loi vise egalement
les modifications qui s'y appliquent, y
compris toute legislation de remplacement.
Les renvois a d'autres arretes de la
municipalite visent egalement les
modifications qui s'y appliquent, y compris
tout arrete de remplacement.
d) Les obligations qu'il cree s'ajoutent a
celles decoulant d'autres arretes applicables
de la municipalite ou des lois ou
reglements federaux ou provinciaux
applicables.
e) Si une disposition quelconque est
declaree invalide par un tribunal competent
pour quelque motif que ce soit, la decision
n'entache en rien la validite de Farr&& dans
son ensemble ni de toute autre disposition.
f) Les annexes jointes au present arrete
soot incluses et doivent etre considerees
comme faisant partie du present arrete.
Affichage
4(1) Un proprietaire d'immeuble residentiel
peut apposer une affiche « Pas de circulaire » sur
son immeuble residentiel, soit sur la porte
d'entree, sur la pelouse avant ou d'une maniere
-7-
4(2) A "No Flyers" sign shall have a minimum
size of 15.24 cm (6 in) wide by 17.78 cm (7 in)
high and shall contain the words "NO FLYERS /
PAS DE CIRCULAIRE" in a plain black font
such as Arial with a font size of at least 72 points
on a white background as attached in
Schedule "A" of this By-law.
Flyer Distribution
5(1) No distributor shall distribute or cause to
be distributed any flyers to a residential property if
a "No Flyers" sign has been posted.
5(2) No distributor shall distribute or cause to
be distributed any flyers to a residential property if
there are old flyers on the driveway.
5(3) Notwithstanding anything to the contrary in
this By-law, a distributor may distribute or cause
to be distributed any flyers to a residential
property if the flyers are placed:
(a) in the mail box;
(b) in the mail slot; or
(c) in any other receptacle designated for
that purpose.
Exemptions
visible de la rue.
4(2) Une affiche « Pas de circulaire » mesure au
moins 15,24 cm (6 po.) de large par 17,78 cm
(7 po.) de haut et contient les mots «NO
FLYERS/PAS DE CIRCULAIRE » dans une
police noire, comme Arial, d'une taille d'au moins
72 points sur un fond blanc, tel que jointe a
F annexe « A » du present arret&.
Distribution de circulaires
5(1) ll est interdit a tout distributeur de
distribuer ou de faire distribuer des circulaires
dans un immeuble r6sidentiel lorsqu'une affiche
o Pas de circulaire » y a 6t6 appose.
5(2) ll est interdit a tout distributeur de
distribuer ou de faire distribuer des circulaires
dans un immeuble r6sidentiel si de vieilles
circulaires se trouvent dans F entr6e de cour.
5(3) Par d6rogation aux autres dispositions du
present arr&&, un distributeur peut distribuer ou
faire distribuer des circulaires dans un immeuble
r6sidentiel si les circulaires soot places :
a) dans la Mite aux lettres;
b) dans la fente du courrier;
c) dans tout autre recipient pr&vu a cet effet.
Exceptions
6 For greater certainty, this By-law does not 6 Pour plus de certitude, le pr6sent arr&& ne
apply to: s'applique pas :
(a) any election advertising material a) a tout mat&riel publicitaire Electoral dont la
permitted to be distributed pursuant to any distribution est autoris&e en vertu de toute
applicable provincial or federal statutes or l6gislation ou r6glementation provinciale
regulations; applicable;
MA
(b) newspapers;
(c) community association newsletters
that do not contain flyers;
b) aux j ournaux;
c) aux bulletins d'information d'associations
communautaires qui ne contiennent pas de
circulaires;
(d) information circulars produced by the d) aux circulaires d'information elaborees par
City, the provincial or federal government, la municipalite, le gouvernement
or any of their agencies; and provincial ou federal ou une de leurs
agences;
(e) information circulars produced by a e) aux circulaires d'information elaborees par
member of Common Council, a member of un membre du conseil communal, une
the Legislative Assembly of New membre de 1'Assemblee legislative du
Brunswick or a member of Parliament. Nouveau -Brunswick ou un depute.
Offences
7 A person who violates any of the
provisions of this By-law is guilty of an offence
and liable upon summary conviction to a fine of
not less than three hundred dollars ($300.00) and
not more than two thousand one hundred dollars
($2,100.00).
Administrative Penalties
8(1) The City may require an administrative
penalty to be paid with respect to a violation of a
provision of this By-law as set out in
subsection 8(2).
8(2) A person who violates any provision of
this By-law may pay to the City within
45 calendar days from the date of such violation
an administrative penalty of one hundred and fifty
dollars ($150.00), and upon such payment, the
person who committed the violation is not liable
to be prosecuted therefor.
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. 2023 and signed by:
Infractions
7 Toute personne qui contrevient a une
disposition du present arrete est coupable d'une
infraction et est passible sur condamnation
sommaire d'une amende d'au moins trois cents
dollars (300 $) et d'au plus deux mille cent dollars
(2 100 $).
Penalites administratives
8(2) La municipalite peut exiger qu'une
penalite administrative soit payee relativement a
une infraction a une disposition du present arrete,
comme prevu au paragraphe 8(2).
8(2) Toute personne qui contrevient a une
disposition du present arrete peut payer a la
municipalite dans un Mai de 45 jours civils a
compter de la date de ladite infraction, une
penalite administrative de cent cinquante dollars
(150 $), et une fois Famende payee, la personne
n'est plus susceptible de poursuites judiciaires.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arrete
le 2023, avec les signatures
suivantes :
01:3
m
First Reading
Second Reading
Third Reading
Mayor / Maire
City Clerk / Greffier de la municipalite
- April 17, 2023
- April 17, 2023
Premiere lecture
Deuxieme lecture
Troisieme lecture
- le 17 avril 2023
- le 17 avril 2023
06%]
-10-
Schedule "A" / Annexe « A »
NO
FLYERS
PAS DE
CIRCULAIRE
`[sIl7
-11-
`O
COMMON COUNCIL REPORT
M&C No.
2023-125
Report Date
May 10, 2023
Meeting Date
May 15, 2023
Service Area
Public Works and
Transportation Services
Her Worship Mayor Donna Noade Reardon and Members of Common Council
SUBJECT. Provincial Support for Main Street Active Transportation Project
Over Viaduct
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
Chief Administrative Officer
Tim O'Reilly
Michael Hugenholtz
J. Brent McGovern
RECOMMENDATION
Endorse Mayor Reardon sending a letter to the Province of New Brunswick's
Minister of Transportation and Infrastructure, a draft of said letter being
appended to M&C 2023 - 125.
EXECUTIVE SUMMARY
Highway 1 divided Saint John north from south, with a series of bridges and
overpasses designed primarily for cars and trucks. Like many communities, Saint
John is increasing its focus on active transportation (AT) modes, such as walking,
cycling, and Transit. Crossings of Highway 1 must also transform to embrace
additional modes of travel to ensure AT access, as outlined in our new
Transportation Plan, MoveSJ, is available between the northern and southern
quadrants of our community. Doing so requires the commitment of both the
City and the Province of New Brunswick, the latter being the owners of the
bridges and overpasses that provide connection across Highway 1.
The Main Street Active Transportation Project includes improved accessibility
and safety for walking and cycling through conversion of two travel lanes into
protected multi -purpose paths and other infrastructure. These protected paths
are intended to travel over one of the Highway 1 crossings, the Main Street
Viaduct, challenging its very "car and truck -centric" design.
The Main Street Active Transportation Project has been transformational on
several fronts. In addition to overcoming the infrastructure obstacles, it has also
challenged the Province of New Brunswick's policies on provincial highways and
application of the current Provincial Motor Vehicle Act.
Additional challenges, overcoming current requirements specific to the Main
Street Viaduct, managed by the New Brunswick Highway Corporation, have
KIN
-2-
recently been identified. These challenges and proposed means to overcome
them to allow the Main Street Active Transportation Project to progress, are
detailed in a proposed letter to the Provincial Minister of Transportation and
Infrastructure as attached to this report.
REPORT
As detailed prior, the Main Street Active Transportation project includes plans to
install new physical infrastructure, including barriers, to better protect cyclists
and pedestrians from cars and trucks in the remaining 4 vehicle lanes. The
barriers will continue over the Main Street Viaduct. Other physical
improvements at various intersections are planned. The presentation included
with this report presents visuals of the plan.
Detailed designs for the project are progressing. However, new costs and
financial risks the City is expected to manage have been added to the project as
noted below.
The new costs and financial risks are due to requirements of the New Brunswick
Highway Corporation (NBHC) for the segment of the project over the Main Street
Viaduct. These requirements were just brought to the City's attention after
almost two years of engagement with the Province on this project. NBHC is
requiring:
• an additional Highway Usage Permit (HUP) be applied for the NBHC
(Viaduct) portion, noting the City is already applying for a HUP for the
"road" portion of this Provincial Highway,
• a first right -of -refusal option for their third party operator of Highway 1
to install the Main Street AT project infrastructure over the Viaduct,
• the City to be responsible for costs incurred by that contractor in the
future as a result of the installed infrastructure, and
• additional liability coverage by the City.
In addition, City staff have not been provided clarity that the current
maintenance efforts by NBHC's operator on the Viaduct will be completed in
2023, further jeopardizing completion of the Main Street project.
These additional factors from NBHC:
• Will add additional operating and maintenance costs to the Main Street
AT project that will be the responsibility of the City,
• May introduce increased costs for construction if the first -right -of -refusal
option is exercised,
• Would introduce construction scheduling, tendering, and contract
management challenges if the first -right -of -refusal option is exercised, as
the City would still be required to engage a separate contractor for
construction of the project on either side of the Viaduct,
`NQ
-3-
• Will Influence and reduce clarity of when the phase of the project over
the Viaduct can proceed, and
• Will only be more substantially quantified at a future date in 2023, most
likely beyond a time when understood before a phase of the project
would need to be tendered for the 2023 construction season.
Given the above, staff do not believe it is possible to complete the project's
tendering and construction phase for the 2023 season.
At the risk of repeating content, members of Common Council are
recommended to review the proposed letter attached to this report that further
details the issues and recommended solutions to overcome new costs and risks.
To be clear, City staff are recommending delaying any phase of the project until
the costs and risks are clarified. The reason being is that if City staff were to
proceed with planning an initial phase of the project in 2023 on either side of the
Viaduct, doing so would risk the creation of a "half finished product" with an
unknown level of risk associated with the Viaduct phase in the middle.
STRATEGIC ALIGNMENT
The Main Street Active Transportation project best aligns with Common Council's
MOVE priority, connecting the Old North End and South -Central Peninsula
neighbourhoods, and beyond, with improved safe and accessible options for both
pedestrians and cyclists, with some enhancements for Transit.
This project also aligns with:
• MoveSJ, that recommends a protected bike lane for Main Street North and
the Viaduct,
• Central Peninsula Secondary Plan:
o IS 12: Encourage the Government of New Brunswick to develop a
short-term strategy to convert the two outside lanes of Main Street
to active transportation lanes, with a long-term vision of
implementing a road diet and redeveloping Main Street as a mixed -
use corridor
o MS 2: Reconfigure Main Street to a complete street with transit and
active transportation amenities
• Your Chief Administrative Officer's Work Plan.
SERVICEAND FINANCIAL OUTCOMES
Capital costs to support the Main Street Active Transportation Project are
included in the General Fund Capital Budget.
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New maintenance and operating costs will be recommended in a future General
Fund Operating budget.
As detailed prior, City staff are recommending delaying implementation of any
phase of the project until new costs and risks identified by the New Brunswick
Highway Corporation are resolved with an anticipated response to the letter to
be sent to the Province as recommended with this report.
INPUT FROM OTHERS
The City's Utilities & Infrastructure Department provided input toward this
report.
Provincial staff from the Department of Transportation & Infrastructure, Justice
& Public Safety, and New Brunswick Highway Corporation have been consulted
on the project.
ATTACHMENTS
• City staff presentation slides
• Draft letter recommended to be sent from our Mayor to the Provincial
Minister of Transportation and Infrastructure.
liWee
May 15, 2023
Honorable Jeff Carr
Minister of Transportation and Infrastructure
189A Sunbury Drive
Fredericton Junction, E5L 1R5
Dear Minister Carr,
RE: Active Transportation Crossings of Route 1 including Main Street Viaduct
We remain encouraged by the growing support from your department and the Provincial Department of Justice
and Public Safety on the transformational Main Street Active Transportation Project. This project will result in
improved access for pedestrians and cyclists travelling between Saint John's North End and South -Central
Peninsula on a stretch of road originally designed for "cars and trucks". A few visuals are provided on the last page
of this letter to better appreciate the project. With its transformational status and required work on Provincial
assets, this project is continuing to reveal the need for ongoing collaboration between our respective
governments.
The majority of the Main Street Active Transportation project is planned for a portion of Provincial Highway Route
100, being Main Street North. Provincial staff from both departments have been collaborating very well with our
team on this portion of the project.
The project is planned to continue over Provincial Highway Route 1, on what is known as the Main Street Viaduct.
Highway Route 1 literally divides our urban community in two. There are nine roads that cross Highway 1,
including the Viaduct, and several additional pedestrian crossings. Many, if not all, of these crossings are going to
be critical in providing safe and accessible active transportation options for our community as we implement our
new Transportation Plan, MoveSJ.
The Main Street Viaduct, and other Highway 1 crossings, are managed by different stakeholders, the New
Brunswick Highway Corporation (NBHC). NBHC have advised recently that they are expecting the City to accept
costs and financial risks to complete the Main Street project over the Viaduct in addition to costs we already
accepted on a Provincial Highway. Such additional costs and risks to the City include (1) incurring added costs to
NBHC's third party operating partner of Highway 1 when performing future upgrades to the Viaduct as a result of
managing the placed active transportation infrastructure, (2) providing NBHC's operating partner first right -of -
refusal to install the Main Street AT project components over the Viaduct at a cost to which the City does not
control but must accept, and (3) acceptance of additional liability coverage. NBHC has identified that the full
extent of the City's additional costs and financial risks can only be determined following a separate permit from
the City being reviewed, and accepted by NBHC after the City completes detailed design. We are requesting the
Province of New Brunswick commit to:
• accepting costs identified in (1) above as part of the Province's financial commitment to active
transportation,
• forego the requirement identified in (2) above,
• forego the additional liability coverage identified in (3) above, and,
• forego any additional costs and financial risk to the City as a result of NBHC's contractual obligations to
their third party operator.
From a philosophical perspective, we believe the City and Province should have a shared purpose and recognize a
shared interest related to crossings of Highway 1, including the Main Street Viaduct, within Saint John. Both our
governments should recognize the purpose of these structures have changed from one previously focused
`191-1
primarily on "cars and trucks" to one focused also on a variety of travel modes, including walking, cycling, and
Transit. The citizens communicating to us about the importance of more active transportation focus in their
community are indeed residents of Saint John, but are also residents of the Fundy Region and the Province of New
Brunswick; there is a shared interest between our respective governments. We are requesting the Province of
New Brunswick share Saint John's broadened purpose and interest that includes prioritizing more active
transportation modes on Highway 1 crossings within Saint John.
With a shared purpose and shared interest comes a shared responsibility. We believe long term the City and
Province should share financial responsibility for investments that allow our community use active transportation
modes. In the case of the Main Street project, we have identified Capital and maintenance funds required to build
and maintain the new infrastructure over the Viaduct only to ensure this project progresses. We are requesting
the Province of New Brunswick include active transportation improvements in future planned work to Highway
1 crossings in Saint John and fully invest in the required infrastructure at all stages of its lifecycle.
A more proactive approach is needed in the sharing of Capital upgrade and maintenance plans to allow
incorporation of active transportation infrastructure improvements on these assets aligned with broader projects
aligned with MoveSJ. We understand NBHC's third party operator will have further planned obligations to
undertake extensive works on the Viaduct and the other crossings of Highway 1 before their contract expires in
2040. We are requesting the Province of New Brunswick provide the City of Saint John 5-year forecasts of
upgrade and maintenance plans to Highway 1 crossings in Saint John.
We are specifically requesting the current NBHC project on the Main Street Viaduct be completed by the end of
2023 so the City's Main Street Active Transportation project can be completed over the Viaduct in 2024.
It appears that service standards set by NBHC for its third -party operator for the crossings of Highway 1 within our
urban city are very similar to the majority of this highway that exists in a much more rural setting. We believe this
needs to change before the current contract expires in 2040. We are requesting improved service standards
generally that are more conducive to an urban environment for the portion of New Brunswick Highway Route 1
that extends through the City of Saint John.
We must pause plans to progress construction of the Main Street Active Transportation Project given these added
and yet -quantified costs and risks and we will consider resuming once we learn more about the Province's
commitment to these requests.
The Main Street Active Transportation Project is a transformational project that requires our respective
governments to continue to think differently about the purpose and interest that transportation infrastructure
provides to our community. We remain encouraged by the Province's steps thus far. Positive responses to the
requests in this correspondence will allow us to resume plans to implement the Main Street Active Transportation
Project and set the stage for a renewed purpose and interest in supporting active transportation improvements on
the other roads and pedestrian crossings that are dissected by Highway 1 through Saint John.
Sincerely,
Donna Noade Reardon
Mayor, The City of Saint John
Attachment: Images of the Main Street Active Transportation Project
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Legend'
Proposed B-ke Lane
— Proposed MAP Use Pathway
Existing &ke Laae - -- --...-
{
The above image shows the overall plan of the project with a combination of protected bike lanes and
multi -purpose pathways along Main Street from Chesley Drive to Union Street. Connections to our
Campus Harbour Connection Bike Route (highlighted yellow) and Harbour Passage will be achieved.
The above image shows a typical cross section of the project with two of the six vehicle lanes being
converted to protected active transportation space, in this case protected bike lanes, in other cases
protected multi -purpose paths.
The above image shows the plan for making one of several ramps to and from the route safer, in this
case at the ramps to and from Station Street. A "smart -right turn channel" concept is the inspiration for
these ramps, converting them from higher speed facilities to more acute -angled intersections to support
slower speeds of vehicles as they approach passing pedestrians or cyclists. Such improvements will also
introduce much -needed additional greenspace in an area dominated by asphalt and concrete.
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M&C No.
M&C 2023-123
Report Date
May 11, 2023
Meeting Date
May 15, 2023
Service Area
Utilities and
Infrastructure
SUBJECT: GREEN AND INCLUSIVE COMMUNITY BUILDINGS (GICB) PROGRAM
GRANT AGREEMENT
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
The purpose of this report is to seek Common Council's approval to enter into
the Grant Agreement with HIS MAJESTY THE KING IN RIGHT OF CANADA, as
represented by the Minister of Infrastructure and Communities, hereinafter
referred to as the Minister of Intergovernmental Affairs, Infrastructure and
Communities ("Canada") under the Green and Inclusive Community Buildings
Program
COUNCIL RESOLUTION
It is recommended that the City enter into the Grant Agreement with HIS
MAJESTY THE KING IN RIGHT OF CANADA, as represented by the Minister of
Infrastructure and Communities, hereinafter referred to as the Minister of
Intergovernmental Affairs, Infrastructure and Communities ("Canada") under the
Green and Inclusive Community Buildings Program in the form as attached to
Committee of the Whole report 2023-123; and that the Mayor and City Clerk be
authorized to sign any necessary documents.
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