Bylaws and Policies

Strategic Asset Management Policy

By-Law: 2019-41
Effective Date: June 30, 2019

Township’s Vision

The Township’s vision is to proactively manage its assets to best serve the Township’s objectives by:

1. Effectively delivering services;
2. Supporting sustainability and economic development; and
3. Maintaining prudent financial planning and decision making.

Township’s Goal

The objectives of this policy are to:

• Provide a framework for implementing asset management to enable a consistent and strategic approach at all levels of the organization; and
• Provide guidance to staff responsible for the asset management program.

Strategic Alignment

The Council and Township Administration will review this policy and incoprate into the Asset Management planning an approach that fosters the integration of municipal documents such as:

1. The Stategic Plan
2. The Financial Plan
3. The Community Plan
4. Master Plans for the Township

Guiding Principles

Customer Focused: The Township will have clearly defined levels of serice and apply asset mangement practices to maintain the confidence of customers in how the Township’s assets are managed.

Service Focused: The Township will consider all the assets in a service context and take into account a coordinated approach to optimizing Township assets.

Risk-Based:  The Township will manage the risks associated with attaining the desired level of service by focusing resources, expenditures, and priorities based upon risk assessments and the corresponding cost/benefit, recognizing that public safety is paramount.

Value-Based Affordable: The Township will choose practices, interventions and operations that aim at reducing the lifecycle cost of asset ownership, while satisfying agreed level of service.  Decisions are based on balancing service levels, risks, and costs.

Capitalization Threshold

The Asset Management Policy applies to all assets whose role in service delivery requires deliberate management by the Township.  The service-focus intent of this policy differentiates its requirements for identifying assets from the capitalization thresholds which are developed for the purpose of financial reporting.  For this reason, the capitalization threshold developed for financial reporting will not be the guide in selecting the assets covered by asset management planning processes.

Roles and Responsibilities

The Township’s Asset Management Program requires a wide range of participation to ensure that it is executed and used effectively for the management of Township assets.  The following parties have duties and responsibilities in the asset management program:

Township Council

• Approve the Asset Management Policy and direction of the Asset Management Program.

• Maintain adequate organization resources to support the core practices of the Asset Management Program.

• Prioritize effective stewartship of assets in relation to establishing Township policies and plans and future budgets.

• Establish and monitor levels of service.

Senior Management Team

• Develop policy and update as required.

• Provide corporate oversight to goals and provide direction in support of the Asset Management Program.

• Provide departmental staff coordiantion

• Develop and monitor levels of service and make recommendations to Council.

• Track, analyze and report on the Asset Management Program’s progress and results.

Chief Administrative Officer

• Provide organization-wide leadership in Asset Management practices and concepts.

• Work in conjunction with the Treasurer for Asset Management implementation and progress

• Ensure senior mangement team staff cordination and participation.

Treasurer

• Manage policy and policy updates.

• Provide organization-wide leadership in Asset Management practices and concepts.

• Provide department staff coordination.

• Monitor levels of service.

• Coordinate and track Asset Management program implementation and progress.

Director of Public Works

• Provide leadership in Asset Management practices and concepts in Core Asset Management group of municipal infrastructure assets.

• Develop the Asset Management Program component for assessing existing infrastructure and planning requriements for the lifecycle evaluation of these assets.

• Coordinate and track Asset Management program for Core assets.

Departmental Staff

• Utilize the new business processes and technology tools developed as part of the Asset Management Program.

• Participate in implementation task teams to carry-out Asset Management activities.

• Implement and maintain the desired level of service.

• Provide support and direction for Asset Management practices within their departments.

• Track and analyze Asset Management Program progress and results.

• Budgeting

The Township will integrate findings from the Asset Management Program into its long-term financial planning and budgeting processes.  Sound financial analysis will be encompassed in Asset Management planning in order for the asset management plan to guide employees in budgeting and financial planning.  The financial strategy included in each Asset Management Plan will be completed by a senior administration team composed of representatives from finance and the concerned department.The Asset Management Plan will be referenced by the department personnel in the preparation of their budget submissions to help them:

• Identify all potential revenues and costs associated with forthcoming infrastructure asset decisions;

• Evaluate the validity and need of each significant new capital asset, including considering the impact on future operating costs; and

• Incorporate new revenuw tools and alternative funding strategies where possible.

The department level budget submissions, prepared by each Township Director, will be evaluated by the budget committee in the preparation of the munipality’s annual budget.The financial analysis used for the water and wastewater Asset Management plans will align with existing financial plans related to these assets.  The analysis completed in each tangential document will reference the most up-to-date information from the same datasets, will be based on common methods, and will improve upon one another.

Community Planning

Asset Management Planning will be aligned with the Township’s Official Plan.  The Asset Management Plans will reflect how the community is projected to change and the related assets impacted.

Climate Change

Climate change will be considered as part of the Township’s risk management approach embedded in local asset management planning methods.  This approach will balance the potential cost of vulnerabilities to climate change impacts and other risks with the cost of reducing these vulnerabilities.  The balance will be struck in the levels of service delivered through operations, maintenance schedules, disaster response plans, contingnecy funds, and capital investments.  The Township’s contribution to climate change through greenhouse gas emissions will be mitigated in accordance with its local reduction targets, financial capacity and stakeholder support.

Stakeholder Engagement

The ultimate goal of the Township is to efficiently provide its various stakeholders with the municipal services they need within the bounds of regulatory requirments, the build environment, and the natural environment.  In order to achieve this goal, it is necessary that the Township understand the needs of current stakeholders, consider the needs of future generations, and incorporate these prespectives into our Asset Management Plan.  The Township recognizes them as an integeral part of the Asset Management approach.  Accordingly, the Township will:

• Provide opportunities for residents and other stakeholders served by the Township to provide input in Asset Management Planning; and

• Coordinate Asset Management Planning with other infrastructure asset owning agencies, such as municipal bodies and regulator utilities.

 Municipal Alcohol Policy (REC-001)

By-Law:2022-160
Effective Date: April 14, 2022

Purpose

Policy Statement

Scope

Policy

1. General Provisions

1.1. Application of Policy

• to provide clear guidelines for alcohol use in municipally owned and operated
• facilities and areas;                           
• to reduce the risk of alcohol related problems and lawsuits;
• to inform rental/user groups about how to run safe, problem free events;
• to ensure that all workers are adequately trained;
• to enhance our community’s reputation as a great place to live and visit;
• to protect youth by way of the responsible attitude of adults; and
• to ensure that municipal, provincial, and federal laws related to alcohol service are adhered to (i.e., legal drinking age, driving under the influence, public intoxication, over service of alcohol, etc.

2. Policy Regulations

2.1. Regulation 1 - Municipal Facilities with a Permanent Liquor Licence

2.1.1. The Vankleek Hill Community Centre Hall, Lobby, Rink Surface and Seating area are licensed with a permanent liquor license.  This license also has a Catering Endorsement, which allows the municipality to sell and serve alcohol at a catered event in a non-licensed premise where a Special Occasion Permit would otherwise be required.

Rationale: The hall area of the Community Centre is equipped with a modern kitchen and separate bar area and is suitable for events with up to 279 people.  It is handicapped accessible with a handicap lift.  The lobby area is more suitable for small groups and is licensed for up to 138 people. The Rink Surface (when there is no ice) and Seating are suitable for larger events.  The areas combined are licensed up to 300 people (calculated based on exit doors and lavatories).

2.2. Regulation 2 - Municipal Facilities Eligible for Caterer’s Endorsement Events

2.2.1. The Chalet Abri in L’Orignal is designated as a facility suitable for Caterer’s Endorsement events.

Rationale: The room offers sufficient space for a moderate gathering.  The building is only one floor and is therefore accessible.  Alcohol can be served from the kitchen area.

2.2.2. Mill Street Park in Vankleek Hill and L’Orignal Park are designated as suitable for Caterer’s Endorsement events.Rationale: These parks have suitable areas to accommodate a licensed event.

2.2.3. The Town Hall Council Chambers can be suitable for Caterer’s Endorsement events however solely for private ‘Wine and Cheese’ type events.

Rationale: This workplace is obviously not suitable for drinking alcohol because the public must access the premises to avail themselves of the services of the Township however after businesses hours, private wine and cheese events are suitable.

2.3. Regulation 3 - Municipal Facilities Not Eligible for the Consumption of Alcohol

2.3.1. The Vankleek Hill Arena dressing room areas are designated as unsuitable for the consumption of alcohol.

Rationale: There is a history of alcohol consumption in dressing rooms by sports teams using the arena.  This is intended to serve notice that the consumption of alcohol is not permitted in the dressing rooms.

2.3.2. The tennis courts in Vankleek Hill and L’Orignal are designated as unsuitable for the consumption of alcohol.

Rationale: These areas are reserved for play.

2.3.3. Woodhills Park, Vankleek Hill Town Square, Miner Park, Desjardins Park, Sacha’s Park, and Laurier-Pilon Park are all designated as unsuitable for the consumption of alcohol.

Rationale: These areas do not have access to washrooms, sufficient parking and most are geared solely towards Children and Youth therefore they are not suitable for alcohol consumption.  Furthermore, these areas do not have regular staff onsite to ensure sufficient supervision.

2.3.4. Mill Street Park (playground area, baseball diamond when a game is in play), L’Orignal Park (baseball diamond area when a game is in play, playground and beach area) are all designated as unsuitable for the consumption of alcohol through a Special Occasion Permit.

Rationale: These areas are reserved for play and mostly geared towards Children and Youth and therefore unsuitable for alcohol consumption when an Event Organizer is responsible for the event.

2.3.5. The fire halls and municipal garages are designated as unsuitable for the consumption of alcohol.

Rationale: These are emergency service workplaces where vehicles, tools and machinery are located and drinking alcohol on these premises could result in injury.

2.3.6. The Township Hall is designated as unsuitable for the consumption of alcohol.

Rationale: These workplaces are obviously not suitable for drinking alcohol because the public must access the premises to avail themselves of the services of the Township.  However private wine and cheese type events are accepted under a Caterer’s Endorsement solely in the Council Chambers area.

2.3.7. The Vankleek Hill Arena Floor Surface (when ice is present) is designated as unsuitable for the consumption of alcohol.

Rationale: An ice surface is intended for sports activities, and it is obviously not appropriate to mix alcohol consumption and sports. As well as all other municipally owned facilities, buildings and properties not specifically designated as eligible for alcohol service and consumption.

2.4. Regulation 4 - Events Not Eligible for the Consumption of Alcohol

2.4.1. Street parties are designated as not normally suitable for the consumption of alcohol.

Rationale: Street parties would be difficult to supervise.  However, an exception could be made in the case of a sanctioned municipally significant event in a clearly designated and restricted area.

2.5. Regulation 5 - Youth Admittance to Adult Events

2.5.1. To be eligible to rent a municipal facility for a licensed event in the case of a family occasion, the Event Organizer must agree that persons under the legal drinking age shall be supervised by responsible adults to ensure they do not consume alcoholic beverages.

Rationale: There is a high risk of underage consumption when youth are admitted to adult events where alcohol is served, therefore, supervision is required.  It is preferable to run social events for young people where they can enjoy safe and alcohol-free activities.  Young participants should not be excluded from a wedding or anniversary banquet; however, it is understood that underage participants will not be provided with alcohol.

2.6. Regulation 6 - Signs

The following signs shall be prominently displayed in both French and English in permanent license and in S.O.P. designated facilities:

2.6.1. Statement of Intoxication - The following statements will appear on a wall sign located in the bar area: 

“IT’S THE LAW”Servers are prohibited from serving underage participants and intoxicated persons, or to serve anyone who appears to be at the point of intoxication.Adequate proof of age may be required.Ask your server about safe transportation options!

Rationale: In Ontario, it is illegal for anyone to serve a person to the point of intoxication.  Signs provide authoritative support to servers and supervisors should they have to refuse service to consumers approaching the point of intoxication.  This message is consistent with Regulation 8 which requires a sufficient quantity of non-alcoholic beverages.  Also, it indicates that the Event Organizer is aware of the Liquor License and Conditions Act of Ontario and the Municipal Alcohol Policy and is consistent with the AGCO S.O.P. application which states that "the holder of the S.O.P. and the facility owner are jointly responsible for the “safety and sobriety of the people attending the event.”

2.6.2. Accountability - a sign with the emergency telephone numbers of the Fire Department, Ambulance, Police will be posted near the bar.

Rationale: Although informed of the date, time and place of S.O.P. events in their area, police do not always have the time to drop in. The Liquor License inspector is located in Cornwall, 80 km away, and is unable to check in on all S.O.P. functions. This sign informs the participants that there is a procedure for lodging complaints even if enforcement personnel are not present at the event.

2.6.3. Responsibility - a warning sign containing the prescribed information that cautions women who are pregnant that the consumption of alcohol during pregnancy is the cause of Fetal Alcohol Spectrum Disorder (Sandy's Law).

Rationale: Reducing the risk to unborn babies is a moral and legal responsibility of the municipality.

2.7. Regulation 7 - Server Training

2.7.1. To be eligible to rent a municipal facility, those serving alcohol must have successfully completed a Smart Serve Ontario Program. A list of trained individuals will be provided to the Municipal Representative.  The number of Smart Serve Ontario trained personnel at an event must be at least one for each 100 in attendance.  This minimum may be added to at the discretion of the Director of Parks and Recreation.

Rationale: Reducing the risk of litigation requires not only the components of policy and procedures, but also the recruitment of appropriately trained supervisors and servers.  The municipality is morally obliged to inform volunteers and/or the permit applicant of the potential for litigation and to provide them with the tools to avoid such proceedings.

2.8. Regulations 8 - Provide Non-Alcohol Drinks

2.8.1. In order to be eligible to rent a municipal facility, the Event Organizer must make Non-alcoholic beverages available at a cost significantly lower than that of drinks containing alcohol.

Rationale: 1½ oz. of spirits, 5 oz. of table wine and 12 oz. of 5% beer all contain equal amounts of pure alcohol.  Non-alcoholic drinks reduce the consumption of absolute alcohol, reduce the likelihood of intoxication and permit participants to socialize throughout the event without becoming intoxicated.  The Liquor License and Control Act requires that a variety of brands be offered and that licensed premises must have lists or signs prominently displayed which indicate the varieties and prices of alcohol and Non-alcoholic beverages available.  The availability of Non-alcoholic drinks reduces the likelihood of impaired driving.  The availability of Non-alcoholic drinks supports the designated driver program. 

2.9. Regulation 9 - Safe Transportation

• have a designated driver
• have an Event Worker drive intoxicated participant(s) home
• call a friend, relative or taxi to assist intoxicated participant
• if necessary, call police to warn or apprehend the impaired driver

2.10. Regulation 10 - Alcohol Advertising

2.10.1. Advertising and posters which promote the use of alcohol are prohibited in all municipal facilities.

Rationale: Alcohol advertising is designed to encourage and promote the consumption of alcohol.  Since it is illegal for people under the age of 19 to consume these products, it is preferable not to use alcohol advertising in areas frequented by young people.  Promotion of alcohol products is inconsistent with the municipality’s desire to provide a positive example to underage participants who use recreational facilities.

2.11. Regulations 11 - Controls

In order to be eligible to rent a municipal facility for a S.O.P. event, the Event Organizer must demonstrate, to the satisfaction of the Parks and Recreation Department, that the Municipal Alcohol Policy is understood, that the regulations will be strictly observed, and that sufficient controls are in place which will assist in ensuring compliance to the policy. These controls will include the following:

2.11.1. The Event Organizer must provide a list of event workers to the Parks and Recreation Department at least two weeks prior to the event along with each worker’s SMART SERVE registration number.

2.11.2. The Event Organizer must provide proof of holding liability insurance, minimum of two million dollars, for the event.

2.11.3. The Event Organizer must obtain a S.O.P. from the Alcohol and Gaming Commission of Ontario and must show proof of this to the Parks and Recreation Department at least seven (7) days prior to the event.

2.11.4. The Event Organizer must ensure that all entrances/exits are properly monitored to enforce that alcoholic beverages remain within the licensed area.

2.11.5. The only acceptable forms of identification as proof of legal drinking age will be the photo I.D. Card issued by the AGCO, a Canadian Citizenship Card, a photo Driver’s License, a passport, or armed forces I.D.

2.11.6. The person who signs the S.O.P. application and Rental Agreement must attend the event and be responsible for making decisions regarding the operation of the event.

2.11.7. The Event Organizer or his/her designate, is responsible for decision making during the event and therefore must refrain from consuming alcohol while the event is in progress.

2.11.8. All Event Workers and official event volunteers must refrain from consuming alcohol while the event is in progress.

2.11.9.The Event Organizer, or his/her designate, must prevent patrons from engaging in activities that can harm them or others.

2.11.10. It is recommended that drinks be served in disposable cups.

2.11.11. An authorized Municipal Representative, or his/her designate, has the right to enter any S.O.P. event and take control if he/she feels that it is necessary at the time.

2.11.12. The licensees must abide by the rules of the Municipal Alcohol Policy as enforced by the municipal representative.

2.11.13. Marketing practices, which encourage increased consumption, such as oversize drinks, double shots of spirits, pitchers of beer, drinking contests and volume discounts are not permitted.

2.11.14. If tickets are sold, they must be purchased from a designated ticket seller and redeemed at the bar, with a maximum of five (5) tickets per purchase.

2.11.15. Unused tickets are to be redeemable for cash on demand at any time during the event.

2.11.16. The Municipality reserves the right to require the presence of police officers for the duration of an event, the cost of which will be borne by the sponsoring group or individual.

2.11.17. There will be no last call.

2.11.18. A free bar event must have Smart Serve trained servers and floor supervisors.

2.11.19. All event workers must wear highly visible identification (name tag with “Staff” printed on it).

2.11.20. Whenever possible, Police will be notified by the Director of Parks and Recreation, or his/her representative, of a potentially risky situation before the situation is out of control.

2.11.21. To reduce the risk of intoxication and the rate of consumption, staff shall encourage patrons to consume food, low alcohol beverages and Non-alcoholic beverages.

2.11.22. The number of Smart Serve trained personnel at an event will be set at the following minimums and may be added to at the discretion of the Municipality:

• Up to 100 in attendance - one (1)
• For each 100 additional in attendance - one (1)

2.11.23. During regular licensed events and events run under the Caterer’s Endorsement the bar will stop service no later than 1:30 a.m., but for New Year’s Eve the bar area shall stop service no later than 2:30 a.m.

2.11.24. All entertainment must be completed by 1:30 a.m. or 2:30 a.m. on New Year’s Eve.

2.11.25. Facilities must be vacated by 2:45 a.m. or 3:45 a.m. on New Year’s Eve.

2.11.26. For S.O.P events the bar will stop service no later than 1:00 am or 2:00 am on New Year’s Eve. All entertainment must be completed by 12:30 a.m. or 1:30 a.m. on New Year’s Eve.

2.12. Regulation 12 - Insurance

2.12.1. Required to provide proof, at least 14 days prior to the event, that they have purchased a minimum of two million dollars in liability insurance and that the Township of Champlain is named as co-insured.Groups and individuals who rent licensed municipal facilities must also obtain their own liability insurance for the event. Information on insurance brokers who specifically deals with this type of insurance, can be provided by the Director of Parks and Recreation Department to the renter at the time of booking.

Rationale: By insisting on insurance, potentially risky groups may be discouraged from sponsoring events since they may be unable to obtain insurance. Case law indicates that judges and juries are sympathetic towards the injured plaintiff.  S.O.P. permit holders, hall owners, club executives and volunteers could all be named in a lawsuit.  Municipalities can be held jointly liable and could end up paying the predominant share of an award to a plaintiff should the Event Organizer be uninsured.  Many volunteers at SMART SERVE training events were unaware of their liability in cases where alcohol has been consumed at an S.O.P. function. Many volunteers at SMART SERVE training events were unsure of their individual coverage and/or their group’s coverage.

2.13. Regulation 13 - Policy Monitoring and Revisions

2.13.1. The Municipality shall annually review this policy in conjunction with resource persons based on the experiences learned or encountered by the Parks and Recreation Department personnel and/or volunteers and resource persons. Any necessary revisions shall be presented to Council for approval.

Rationale: Permits policy to be changed to meet changing community needs, adding new facilities and new program demands. As the policy is implemented, procedures requiring adjustments for improvement can be suggested. Permits adjustments to any future changes in the Liquor License and Controls Act of Ontario.

Adoption and Revision History

• Adopted on August 7, 2002 (Resolution 127-02)
• Revised and approved on October 13, 2010 (Resolution 2010-323)
• Revised and approved on November 3, 2020 (Resolution 2020-487)
• Revised and approved on April 14, 2022 (Resolution 2022-160)

Appendix A - Guidelines for Special Occasion Permit Holders

• The Event Organizer must provide a list of event workers to the Municipality at least two weeks prior to the event along with each worker’s SMART SERVE registration number.
• The Event Organizer must obtain a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario and must show proof of this to the Municipality at least fourteen (14) days prior to the event.
• The Event Organizer must show proof of having liability insurance, minimum of two million dollars, for the event.
• The Event Organizer must ensure that all entrances/exits are properly monitored to enforce that alcoholic beverages remain within the licensed area.
• The only acceptable forms of identification will be the photo I.D. card, a photo driver’s license, a Canadian Citizenship Card, a passport, or armed forces I.D.
• The person who signs the Special Occasion Permit Application and the Facility Rental Agreement must attend the event and be responsible for making decisions regarding the operation of the event.
• The Event Organizer or his/her designate, who is responsible for decision making during the event, must refrain from consuming alcohol while the event is in progress.
• All trained personnel, who are working at the event, must refrain from consuming alcohol while the event is in progress.
• The Event Organizer must prevent patrons from engaging in activities that can harm them or others.
• The Event Organizer, or his/her designate, shall ensure that the physical surroundings do not pose a danger to patrons who consume alcohol and those who do not consume alcohol.
• Marketing practices which encourage increased consumption, such as oversized drinks, drinking contests and volume discounts are not permitted.
• If tickets are sold, they must be purchased from a designated ticket seller and redeemed at the bar, with a maximum of five (5) tickets per purchase.
• Unused tickets are to be redeemable for cash on demand at any time during the event.
• The Municipality reserves the right to require the presence of two (2) police officers for the duration of an event, the cost of which will be borne by the sponsoring group or individual.
• There will be no last call.
• An “open bar” event must have trained servers and floor supervisors.
• All Event Workers must wear highly visible identification (name tag with “Staff” printed on it).
• Whenever possible, Police will be notified by the Municipality or its representative of a potentially risky situation before the situation is out of control.
• In order to reduce the risk of intoxication and the rate of consumption, staff should encourage patrons to consume food, low alcohol beverages and non-alcohol beverages.
• The number of Smart Serve trained personnel at an event will be set at the following minimums and may be added to at the discretion of the Municipality:

• The bar will close no later than 1:00 a.m.  For New Year’s events, the bar may remain open until 2:00 a.m.  No alcoholic beverages can be served past bar closing time even if the order was placed prior to closing time.
• All entertainment must be completed by 12:30 a.m. or 1:30 a.m. on New Year’s Eve.
• Facilities must be vacated by 1:45 a.m. or 2:45 a.m. on New Year’s Eve.

Parks By-Law (2020-65)

By-Law:2022-65
Being a By-Law to protect, prohibit, regulate and control all public parks in the Township of Champlain.

WHEREAS The Corporation of the Township of Champlain owns, operates and maintains parks in the Township of Champlain;

AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 provides a municipality the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001 c. 25 as amended, a municipality may pass by-laws respecting matters within the spheres of jurisdiction, namely culture, parks, recreation and heritage;

AND WHEREAS Sections 23.1, 23.2, 23.3 and 23.5 of the Municipal Act, 2001, S.O. 2001, c.25 authorize a municipality to delegate certain powers and duties;

AND WHEREAS Sections 444 and 445 of the Municipal Act, 2001, S.O. 2001, c.25 provides that where a municipality is satisfied of a contravention of a by-law that the municipality may make an order to discontinue or correct the contravention of the by-law;

AND WHEREAS Section 35 of the Liquor License Act R.S.O. 1990, c. L-19 as amended, provides that the council of a municipality may by by-law designate recreational areas within the municipality owned or controlled by the municipality as places where possession of liquor is prohibited.

AND WHEREAS Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, provides that except where otherwise provided by law, every person who is convicted of an offence under a municipal by-law is liable to a find of not more than $5,000;

AND WHEREAS Section 2 of the Trespass to Property Act, R.S.O. 1990, c. T.21, provides that every person who engages in an activity on a premise when the activity is prohibited or does not leave the premise immediately after he or she is directed to do so by the occupier of the premise or a person authorized by the occupier may be found guilty of an offence and liable to a fine of not more than $10,000;

AND WHEREAS Council deems it appropriate to enact a by-law to prohibit and regulate activities at parks and to protect these lands on behalf of the public interest;

NOW THEREFORE the Council of The Corporation of the Township of Champlain enacts as follows:

TITLE: This By-law shall be known and may be cited as the Parks By-law. 

Section 1 - Design of Properties

1.1. The property more commonly known as the “Mill Street Park” and being more appropriately and legally described as being parts of Lots 3 and 5 and Lot 4, Plan 35 including Part 1 of Reference Plan 46R2257 in the geographic Town of Vankleek Hill now in the Township of Champlain, County of Prescott and Province of Ontario;

1.2. The property more commonly known as the “Woodhills Park” and being more appropriately and legally described as being Block F of Plan M29 in the geographic Town of Vankleek Hill now in the Township of Champlain, County of Prescott and Province of Ontario;

1.3. The property more commonly known as “Vankleek Hill Town Square” being more appropriately and legally described as being Part of PIN 54159-0310(LT) being Part of Lot 59 North Side Main Street, Registered Plan No. 35, formerly in the Town of Vankleek Hill, now in the Township of Champlain, in the County of Prescott, designated as Part 1 on Plan 46R-7822;

1.4. The property more commonly known as the “Laurentian Park” and being more appropriately and legally described as being Block A of Plan M33 and Block A of Plan 227 in the geographic Township of West Hawkesbury now in the Township of Champlain, County of Prescott and Province of Ontario;

1.5. The property more Commonly known as the “Miner Park” and being more appropriately and legally described as being part of the west one-half of Lot 1, Concession 1 in the geographic Township of West Hawkesbury now in the Township of Champlain, County of Prescott and Province of Ontario and designated as being Part 1 of Reference Plan 46R2986, Lots 26 and 27 of Plan 234;

1.6. The property more commonly known as the “Laurier-Pilon” and being more appropriately and legally described as being Plan 15 Lot 16 and 17 in the geographic Village of L’Orignal now in the Township of Champlain, County of Prescott and Province of Ontario;

1.7. The property more commonly known as the “L’Orignal Marina” and being more appropriately and legally described as being Part of Farm Lot 11, Plan 15 in the geographic Village of L’Orignal now in the Township of Champlain, County of Prescott and Province of Ontario;

1.8. The property more commonly known as the “L’Orignal Municipal Park” and being more appropriately and legally described as being Part of Farm Lot 11, Plan 15 in the geographic Village of L’Orignal now in the Township of Champlain, County of Prescott and Province of Ontario; and

1.9. The property more commonly known as “Sacha’s Park” being more appropriately and legally described as being Property Identifier Number (PIN) 54142-0995 being Lot 9, Plan 46M-112, in the Township of Champlain, in the County of Prescott and Province of Ontario.

Section 2 - Definitions

“Authorized sign” means any sign, notice, or other device placed or erected in or upon a park by the Township.

“Council” means the Council of the Township of Champlain.

“Electric vehicle” means a vehicle that may be powered through a collector system by electricity from off-vehicle sources, or may be self-contained with a battery, solar panels or an electric generator to convert fuel to electricity. This includes, but is not limited to, road and rail vehicles, surface and underwater vessels, electric aircraft and electric spacecraft.

“Liquor” means spirits, wine and beer or any other alcoholic beverage.

“Motorized Recreational Vehicle” means a snowmobile, go-cart, trail bike, mini bike, all-terrain vehicle, or similar vehicle, propelled by an internal combustion engine.

“Officer” means a Municipal Law Enforcement Officer, a Police Officer or other person appointed by by-law to enforce the provisions of this by-law.

“Organized Sport or activity” means a sport, game or activity pre-planned by a group or organization whether or not formally constituted and whether or not the players wear a uniform.

“Park” includes all land owned or operated by or belonging to the Township of Champlain used for park or recreational purposes including but not limited to green spaces, trails, walkways, beaches, beach accesses, sports fields, wooded areas and all portions thereof owned by or made available by lease, agreement, or otherwise to the Township, that is or hereafter may be established, dedicated, set apart or made available for the use as a public open space, including any buildings, structures, facilities, erections and improvements located in or on such lands.

“Parking area” means a part of a park that is designated for the parking of motor vehicles.

“Permission or permit” means the express prior written permission of the Council or the Parks and Recreation Director and in accordance with the rules and conditions set out in a contract or permit issued or as posted in the park.

“Person” means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply, according to law.

“Post or posted” refers to the erection or presence of permissive, regulatory, restrictive, warning or prohibitive signs and “posted area” means an area where such signs are erected.

“Service animal” includes a guide dog and other trained service animal identifiable by a harness and used principally to assist persons with a visual, hearing or other disability or impediment.

“Township” means The Corporation of the Township of Champlain.

“Vehicle” means a vehicle as defined under the Highway Traffic Act, R.S.O. 1990, c.H.8, as may be amended from time to time, and includes any carriage, wagon, sleigh, toboggan, or other vehicle or conveyance of every description, but does not include a baby carriage or cart, child's wagon, child's sleigh, child’s stroller or other conveyance of like nature, wheelchair or other similar device used by an individual due to a disability.

“Vendor” means anyone with a retail-vending license selling refreshments or goods of any type for public use or consumption.

“Watercraft” means any device for the conveyance in or on water and includes but is not limited to boats, row boats, sail boards, canoes, kayaks, or dinghies.

Section 3 - Scope

3.1 The parks of the Township are for the benefit and pleasure of all persons who shall be subject to the rules and regulations passed thereto.

3.2 Properties set aside as a park by the Township are to be used for the rest, recreation, pleasure, amusement, enjoyment and benefit of the public and it is desirable to prevent any person from interfering with the enjoyment by the public of such use.

3.3 Parks users are subject to all applicable Municipal By-laws and all Provincial and Federal laws and regulations and all persons contravening any By-law or law may be required to leave any park.

Section 4 - Administration

4.1 he Director of Parks and Recreation shall be responsible for the administration of this By-law.

4.2 The Director of Parks and Recreation shall:

• administer the management, control, regulations, maintenance, development and usage of all parks within the Township;
• recommend to Council, as required, from time to time revisions, additions or amendments to the By-law for the improvement to the management, control, regulations, maintenance, and usage of the parks within the Township; and
• receive applications and provide recommendations to Council, as Council deems necessary, for festivals or special events taking place in parks or using a park.

4.3 The Director of Parks and Recreation may, in writing, delegate any or all of the    powers conferred on the Director of Parks and Recreation by this By-law to any person or persons the Director of Parks and Recreation considers advisable.

4.4 The Director of Parks and Recreation may authorize the formalization and execution of contracts to permit:

• the operation of concessions in a park, or in a building within a park, selling anything or providing services deemed appropriate by Council;
• the rental of equipment in a park;
• the display or exhibit of information to the public in a park;
• volunteers providing services to the Township, including any necessary indemnifications;
• related programs put on by the Township including leases and licences, and any necessary indemnifications; and
• the sponsorship of Township programs, events or other such items.

4.5 The Director of Parks and Recreation may as he/she deems necessary for the administration of parks, preservation and protection of parks and amenities, and to ensure public safety:

• close, limit or restrict the use, or type of use of a park;
• prohibit or vary any activity or use in a park otherwise permitted pursuant to this By-law;
• establish or designate areas for the rest, recreation, pleasure, amusement, enjoyment and benefit of the public and the safe use of a park;
• cause signs to be erected describing any of the provisions of this By-law, or restricting or limiting the use or attendance on any part or portion of any park for the interest of the public safety and well-being; and
• in a prosecution for contravening this By-law the evidence that a sign was posted is prima facia proof that the sign was appropriately erected by the proper authority without other or further proof thereof.

Section 5 - Park Hours

5.1 All municipal parks shall be closed and remain closed to the public on each day of the week from April 16 to October 31 between the hours of nine (9) o’clock p.m. and eight (8) o’clock a.m. the following day and parks will be closed for public use from November 1^st to April 15.  Hours of operation may be exempt for scheduled games, activities or community events, valid and current leaseholders at the L’Orignal Marina, the L’Orignal Campground in the L’Orignal Municipal Park, or other posted schedules (i.e outdoor rinks) or other activities which have been authorized by resolution of Council or in writing by the Director of Parks and Recreation.

5.2 No person shall enter into or remain in a facility when the facility is closed to the public, unless authorized by the Director of Parks and Recreation.

5.3 No person shall allow a vehicle to remain in a park during any period when a park is closed except for current leaseholders at the L’Orignal Marina and L’Orignal Campground in the L’Orignal Municipal Park.

Section 6 - Conduct

6.1. Conduct in park

While in a park, no person shall:

• engage in any riotous, boisterous, violent, threatening or illegal conduct or use profane or abusive language;
• cast, throw, or in any way propel any object in such manner as may or does endanger or cause injury or damage to any person or property;
• create a nuisance by loitering, spying, accosting, frightening, annoying or otherwise disturbing other persons; or
• create a nuisance or in any way interfere with the use and enjoyment of the park by other persons.

6.2. Restricted Areas

While in a park, no person shall enter into an area in a park where it is posted to prohibit or restrict admission to the public.

6.3. Destruction or Abuse of Property and Equipment

While in a park no person shall:

• deface, alter, write upon, destroy, otherwise damage or remove in any way real or personal property or equipment; or
• open or otherwise tamper with an emergency life preserver enclosure, except in an emergency situation requiring the use of the emergency life preserver.

6.4. Destruction or Abuse of Trees, Plants, Flowers, Shrubs and Grass

While in a park, no person shall:

• destroy, cut, mark, break, dig, pull up, burn or in any way damage, injure, deface, remove or deface any tree, flower, shrub, plant, sod, grass or other vegetation, soil, sand, gravel or wood;
• walk, run or drive a vehicle on or allow any animal or child in his or her custody to go upon any area, garden area or newly-seeded turf, where restrictive signs are posted; or
• construct upon or alter the grade of any property.

6.5. Littering, Polluting, Dumping

No person shall in any park:

• dispose or dump garbage, litter, tree trimmings or like refuse, except that which is generated through the normal use of the Park and shall only deposit same in receptacles provided for such purpose;
• dispose or dump garden, household or commercial refuse in any park receptacle or in any other area of the Park; or
• dump, drain or discharge onto any soils, or into any waters within any park (including pools and bathing areas, fountains, or any tributary, pond, lake, brook, stream, sewer or drain flowing into any waters, or watercourse of any kind), any substance, liquid or solid, toxic or otherwise which may have the effect of polluting the said watercourse(s).

6.6. Restrictions on Glass Containers

No person shall consume from or use glass containers in any Park.

6.7. Explosives, Firearms and Weapons

While in a park, no person shall:

• be in possession of or use any firearm, torpedo, rocket of any type air gun, bow and arrow, axe or offensive weapon of any kind unless authorized by permit;
• throw stones or strike a golf ball;
• ignite, discharge or set off any fireworks except as a fireworks display authorized and in compliance with all federal, provincial and municipal By-laws.

6.8. Disorderly Behaviour

No person shall in any park:

• enter or leave any park except by designated entrance ways or exits, or enter or attempt to enter any facility, area or building sealed, locked or otherwise restricted from public access;
• use any buildings, structure or equipment for any purpose other than that for which it is obviously intended;
• remove or change the location of or in any way disturb the setting of playground or any other equipment or chattels or of any part or portion thereof;
• climb any building, structure or equipment, unless it is equipment designed for climbing;
• cause to take place or participate in marriage ceremony except in a designated area and with permission; or
• use a metal detector in any park without permission.

6.9. Smoking and Vaping

Smoking and Vaping is governed by the Smoke-Free Ontario Act, 2017 (SFOA, 2017) and any other smoking and vaping By-law enacted by the Corporation of the Township of Champlain.

6.10. Alcohol

While in a park, no person shall consume, serve or sell alcoholic beverages unless authorized by the Municipality and with the approval of the Alcohol and Gaming Commission of Ontario.

6.11. Protection of Wildlife

While in a park, no person shall:

• kill, attempt to kill, trap, hunt, fish, attempt to fish, pursue or in any manner disturb any animal, bird, waterfowl, fish, worms, or other wildlife, provided that this provision shall not apply to any person fishing in an area otherwise allowed by law, unless posted or otherwise; or
• Feed any waterfowl or bird except in a designated area.

6.12. Encroachment

Unless otherwise authorized by Permit or otherwise, no person shall encroach upon or take possession of any park by any means whatsoever, including the construction, installation or maintenance of any fence or structure, the dumping or storage of any materials or plantings, or planting, cultivating, grooming or landscaping thereon.

Section 7 - Park Use

7.1 Campfires and Barbeques 

While in a park, no person shall:

• light, build, or stoke a fire or bonfire unless in a designated area established by the Municipality;
• leave a fire unattended or leave the site of the fire before the fire is completely extinguished;
• use any portable barbeque unless in a designated area established by the Municipality;
• use a solid fuelled portable barbeque unless in a designated area established by the Municipality.

If using a propane barbeque, it must be set at least 10 feet from any combustible structures, objects, vegetation and overhanging branches of trees.

7.2 Organized Gatherings and Picnics

While in a park, no person shall:

• hold a picnic, organized gathering or event for more than twenty-five persons without obtaining Municipal authorization ; or
• hold a picnic, organized gathering or event for less than twenty-five persons without obtaining Municipal authorization when the event includes the sale or service of alcohol, serving food to the public, amplified sound over 85 decibels and/or structures or other more complicated elements.
• interfere with a picnic, organized gathering or event authorized by the Municipality.

7.3 Amplifiers and Loud Speakers

While in a park no person shall:

• operate loud speakers or sound amplification equipment while in a park over 85 decibels, unless authorized; or
• operate, or use, any radio, tape player, compact disc player, car radio, or any other sound reproducing system in a manner which disturbs or interferes with other persons in or near the park.

7.4 Camping and Lodging

Unless authorized, no person shall dwell, camp, or lodge in a park.

7.5 Tents and Structures

Unless authorized, no person shall place, install, erect or park any temporary or permanent tent, shelter, structure, or trailer in any park.

7.6 Bathing, Swimming and Sun Bathing

No person shall swim, bathe, or wade in any fountain, pond, river or stream in any park, except in a designated area.

7.7 Skating

No person using a skating rink in a park shall:

• race or speed so as to endanger or interfere with any other person using the rink;
• carry a cane, stick or any other object that is, or is likely to be, dangerous to other persons on a rink, except such equipment as may be required for any sport or activity approved by the Director;
• use the rink during the preparation period; or
• fail to obey the instructions of a rink supervisor employed by the Township of Champlain or any other person appointed by the Director to oversee the operation and use of skating rinks.

Section 8 - Games Sports and Organized Activities

8.1 Organized Sports or Activities

While in a park, no person shall:

• arrange or engage in an organized sport or activity, except in a designated area which has been posted; or
• interfere with an organized sport or activity occurring within a designated area.

8.2 Golfing and Archery

While in a park, no person shall play or practise golf or archery except in a designated area.

8.3 Model Aircraft and Rockets

While in a park, no person shall operate powered models of aircraft, rockets, watercraft or vehicles unless authorized by permit.

8.4 Skiing, Tobogganing and Sledding

No person shall ski, toboggan, snowboard, skibob or sled in any area in any Park except in a designated area.

8.5 Roller Skates, Roller Blades and Skateboards

While in a park, no person shall:

• operate or utilize roller skates, roller blades, in-line roller skates or other like conveyances where posted to prohibit or otherwise restrict the use of the same;
• obstruct, inconvenience or endanger other users of the park while operating, or utilizing roller skates, roller blades, in-line roller skates or like conveyances.

8.6 Tennis / Pickle Ball

No person shall enter, walk, or play upon a designated area for tennis/pickle ball in any park except in accordance with the posted rules and regulations.

Section 9 -Vehicles

9.1 Roadways

• Council, or here such authority has been delegated to the Parks and Recreation Director or a Committee established by Council, is authorized to establish appropriate rules to regulate the use of park roadways.
• Unless authorized by permit, and except as provided in respect of section 9.4 with respect to bicycles, no person shall, while in a Park, drive, operate, pull or ride any vehicle except on a roadway or parking area.

9.2 Parking

No person shall, in any Park:

• park or leave a vehicle except in a designated area for parking;
• park or leave a vehicle between the hours of 09:01 pm and 7:59 am, except in a designated area allowing for such overnight parking, or where authorized by permit;
• stop or park a vehicle in a designated area for parking, except in a parking space and in accordance with posted conditions;
• stop or park a vehicle in a designated disable parking space, unless a disabled person parking permit issued in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c. H-8, as may be amended from time to time, is properly displayed on or in the vehicle.
• use any parking space except while using the Park;
• park in a designated fire route; or
• park without the consent of the municipality.

9.3 Other Activities

No person shall make use of any roadway or designated area for parking in any park for:

• washing, cleaning, servicing, maintaining or, except in the event of an emergency, the repair of any vehicle; or
• instructing, teaching, or coaching any person in the driving or operation of a motor vehicle; or
• playing of any games or sports.

9.4 Bicycles and Electric Bicycles

While in any park, no person shall:

• ride, operate, or be in the possession of any bicycle where posted to prohibit same; or
• obstruct, inconvenience or endanger other users of the Park while riding or operating a bicycle.

9.5 Motorized Recreational Vehicles

No person shall ride, drive, be in possession or control of, or leave a motorized recreational vehicle in any Park except in a designated area.

9.6 Trucks and Commercial Motor Vehicles

No person shall drive, operate, pull or ride in any park:

• heavy machinery or equipment of any description and whatever the mode of power; or
• any truck, trailer, or bus whatsoever except a vehicle that is being used for the purpose of making a delivery to a point within the limits of a Park while it is proceeding to or from such a point of delivery.

9.7 Speed

Unless authorized, while in a Park no person shall operate:

• any vehicle on a roadway at a speed in excess of the posted limit; or
• a bicycle other than on a roadway at a speed in excess of 10 kilometres per hour.

Section 10 - Animals

10.1  Unless authorized, no person shall bring any animal into any Park, including a horse, or pony, except a domesticated animal which includes, but is not limited to, a dog or a cat.

10.2 While in a Park, no person as owner or person having control of any dog or cat or other domesticated animal shall:

• allow it to run at large, unless in designated areas;
• excluding persons reliant upon a service animal, permit any dog, or cat, or other domesticated animal to enter any beach, pond, stream, river, swimming area, garden, landscaped area, playground or sports field, or any other area posted to prohibit same, or disturb any wildlife or damage any park resources;
• allow any animal on the sand or mulch (i.e. the L’Orignal beach), even when on a leash.

10.2.1 While in a park, every person as owner or person having control of any dog, or cat or other domesticated animal shall:

• Ensure that it is on a leash when not running at large in a designated area; or
• Pick-up and remove forthwith excrement left by a dog, or cat, or other domesticated animal and dispose of it in a sanitary manner in a receptacle for litter or in some suitable container; and
• The provisions of subsection (2)(ii) do not apply to a person who has control of a service animal where it is being used to aid a person with a visual, hearing, or other impediment.

10.2.3 Council may establish areas within any park as Leash Free Zones.

10.2.4 While a dog or cat or other domesticated animal is in an area designated as a leash free zone as designated by Council, every person as owner or person having control of a dog, cat or other domesticated animal shall:

• Carry with him/her a leash;
• Immediately remove a dog, or cat or other domesticated animal that shows aggressiveness toward people or other dogs, or cats, or other domesticated animals or at the direction of a police officer, provincial offences officer, municipal law enforcement officer or employee of the municipality;
• Ensure that the dog, or cat, or other domesticated animal does not leave the designated area while off its leash; and
• Ensure that the dog, cat or other domesticated animal while in the designated area is under voice control and within visual site at all times.

10.3 No person as owner or person having control of a dog or cat or other domesticated animal shall bring in or permit such dog or cat or other domesticated animal to enter any Park if it may or does constitute a danger to other park users or is reasonably likely to frighten other park users and the owner and/or the person having control of the dog or cat or other domesticated animal has previously been advised by a police officer, provincial offences officer, municipal law enforcement officer or employee of the municipality to administer this By-law not to bring the dog, or cat or other domesticated animal into a park or has been convicted of an offence related to the conduct of the dog, or cat, or other domesticated animal under the Dog Owners Liability Act, R.S.O. 1990, c.D-16, or this By-law or any other municipal By-law.

Section 11 - Watercraft

11.1 Boating

No person shall place, operate, drive or ride any watercraft in any Park in any area unless posted otherwise.

11.2 Mooring

11.2.1 Unless authorized, no person shall, subject to any right at law to do so, moor watercraft in any park:

• Except in a designated area;
• For a period longer than 48 hours, except in a marina authorized by Council, or as otherwise posted; or
• Contrary to posted restrictions or prohibitions or in any way that may or does endanger or inconveniences other watercraft or their use or other users of the park.

11.2.2 Notwithstanding anything in this section, motorized watercraft are only allowed to launch from the L’Orignal Marina or the L’Orignal Park (designated area), and otherwise they must be, at all times, at least 30 metres from the shoreline of any park or swimming areas.

Section 12 - Commercial Entreprises

12.1 Sale of Merchandise, Trade or Business

12.1.1 Unless authorized, no person shall, while in a park, sell or offer or display for sale:

• any food, drink or refreshment;
• any goods, wares, merchandise, or articles including promotional material souvenirs and novelties;
• any flowers, fruits or vegetables; or
• any art, skill, service, or work.

12.1.2 Unless authorized, no person shall, while in a park, practise, carry on, conduct or solicit for any trade, occupation, business, profession or charity.

12.2 Filming and Videotaping

While in a park, no person shall take or permit to be taken for remuneration any film, photograph, videotape, or television broadcast unless;

• authorized ; or
• otherwise posted.

12.3 Circulars and Advertisements

Unless authorized, no person shall:

• while in any Park, distribute, discard, or display any handbill, notice or other circular, bill or advertisement; or
• post, nail, attach, stencil, or otherwise fasten or erect any poster, sign, notice, placard, or other circular, bill, advertisement or paper to any park property.

Section 13 - Indemnification

13.1 The applicant for a permit to access any park shall indemnify and save harmless the Township of Champlain from any and all claims, demands, causes of action, losses, costs or damages that the Township of Champlain may suffer, incur or be liable for resulting from the use of the park, whether with or without negligence on the part of the applicant or the applicant’s employees, directors, contractors and agents.

13.2 Permits issued to a permit holder under this by-law may be revoked by the Director if, in the opinion of the Director, the permit holder fails to comply with the requirements of the permits or any other provisions of the by-law.

Section 14 - Obstruction

14.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law.

14.2 Any person who has been alleged to have contravened any of the provisions of    this by-law, shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of his/her duties.

Section 15 - Offences and Penalties

15.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33.

15.2 Where a person has been convicted of an offence under this By-law:

• the Ontario Court of Justice, or
• any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing or any act or thing by the person convicted directed towards the continuation or repetition of the offence.

15.3 Every person who acts in contravention of this By-law so as to cause the Township of Champlain to incur costs due to his or her actions shall, in addition to any penalty provided for herein, be liable to the Township of Champlain for all expenses incurred for the purpose of repairing or replacing damaged property or removing unauthorized materials, and such expenses may be recovered by court action or in a like manner as municipal taxes.

Section 16 - Severability and Enactment

16.1 If any court of competent jurisdiction declares any section or part of this by-law to be invalid, such section or part of a section thereof shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent there from and to be enacted as such and the remainder of the by-law shall be valid and shall remain in force.

16.2 This By-law repeals by-law No. 2018-43

16.3 This By-law shall come into force and effect upon being passed.

READ a first, second and third time, and duly adopted this 12 day of November, 2020.