HomeMy Public PortalAboutBy-Law 2019-38 Adopt Strategic Asset Management PolicyCORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2019-38
Being a By-law to Adopt a Strategic Asset Management Policy for the Corporation of the
Municipality of Tweed.
WHEREAS the Municipal Act, 2001, as amended, provides the general authority for Councils
to adopt policies;
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AND WHEREAS Council has deemed it expedient to set a policy for strategic asset
management for the Corporation of the Municipality of Tweed;
NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as
follows:
1. That the Strategic Asset Management Policy attached hereto as Schedule 'A' to this
By-law is hereby adopted as the policy for strategic asset management for the
Municipality of Tweed.
3. That Schedule 'A' attached hereto forms part of this By-law.
4. That this By-law shall come into force and take effect immediately upon the passing
thereof by the Council of the Corporation of the Municipality of Tweed.
Read a first and second time this 25th day of June, 2019.
Read a third and final time, passed, signed and sealed in open Council this 25th day of June,
2019.
44/Ate- ag/tejd
SCHEDULE 'A'
By -Law No:
Strategic Asset Management Policy
Asset Management Planning
Municipality of Tweed, County of Hastings
Approval Date:
Revision Date:
2019-38
2019/06/25
1.0 Preamble
1.1 Preparation of Strategic Asset Management Policy
The following Strategic Asset Management Policy (Policy) has been prepared on behalf of, and in coordination
with, the Municipality of Tweed by Greenview Environmental Management Limited (Greenview), in order to satisfy
the requirements of Section 3 — Strategic Asset Management Policies of Ontario Regulation (O.Reg.) 588/17 —
Asset Management Planning for Municipal Infrastructure (Appendix A).
1.2 Funding Sources
This project has been completed with financial assistance from the Federation of Canadian Municipalities' (FCM)
Municipal Asset Management Program (MAMP).
2.0 Introduction
2.1 Background
The Municipality of Tweed (Municipality) is an amalgamated municipality in southern and central Hastings
County, Ontario, comprised of the former geographic Township of Grimsthorpe, Township of Elzevir, Township
of Hungerford, and the Village of Tweed.
Based on 2016 Census data (Statistics Canada, 2019), the land area of the Municipality is approximately
953 square kilometres (km2), with a population of 6,044 as of 2016. The Municipality's population density per
km2 is reportedly 6.3. As of 2016, there were reportedly 3,023 private dwellings within the municipality, with 2,569
of those dwellings occupied by usual residents.
Given the relatively small population of the Municipality (and subsequent tax base), it is the desire and obligation
of the municipality to responsibly manage its assets in a way that benefits its ratepayers and stakeholders to the
furthest extent possible, in a fiscally -responsible manner. This Policy is intended to be user-friendly, specific to
the Municipality, and flexible to its changing needs.
The Municipality's operating budget in 2018 was approximately $6,800,000.
2.2 Purpose and Scope
The purpose of this Policy is to meet with the requirements of Section 3— Strategic Asset Management Policies
of O.Reg. 588/17, including, but not limited to, the following components as modified from O.Reg. 588/17.
1 Identify any of the Municipality's goals, policies, or plans that are to be supported by its Asset
Management Plan (AMP), which is required to be completed for core municipal assets no later than
July 1, 2020 (Section 2.0).
2. Identify the process by which the AMP is to be considered in the development of the Municipality's
budget or of any long-term financial plans that take into account municipal assets (as may be applicable;
Section 3.0).
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3. Identify the Municipality's approach to continuous improvement and adoption of appropriate practices
regarding asset management (Section 4.0).
4. Identify the principles to be followed by the Municipality in its asset management planning operations,
which must include the principles set out in Section 3 of the Infrastructure for Jobs and Prosperity Act
(2015; Section 5.0).
5. Identify the Municipality's commitment to consider, as part of its asset management planning operations
(Section 6.0):
a. The actions that may be required to address the vulnerabilities to its assets that may be caused
by climate change, including maintenance schedules, levels of service, and lifecycle
management.
b. The anticipated costs that could arise from the vulnerabilities described in Subsection "a"
(above).
c. Any adaptation opportunities that may be undertaken to manage the vulnerabilities described in
Subsection "a" (above).
d. Any mitigation approaches to climate change, such as greenhouse gas emission reduction
goals and targets.
e. Any disaster planning and contingency funding that may be, or become, available.
6. Identify a process to ensure that the Municipality's asset management planning operations are aligned
with any financial plans related to water or wastewater assets (Section 7.0).
7. Identify a process to ensure that the Municipality's asset management planning operations are aligned
with Ontario's land -use planning framework, including any policy statements issued under Subsection
3(1) of the Planning Act, any provincial plans as defined in the Planning Act, and the County of Hastings
Official Plan (as applicable; Section 8.0).
8. Identify the Municipality's capitalization thresholds used to determine which assets are to be included in
the any AMP and how those thresholds compare to those in the Municipality's Policy for Capital Tangible
Assets (Section 9.0).
9. Identify the Municipality's commitment to coordinate planning for asset management, where municipal
assets connect or are interrelated with those of it's upper -tier municipality, in this case the County of
Hastings, and/or any neighbouring municipalities (Section 10.0).
10. Identify the person(s) responsible for the Municipality's asset management planning operations,
including the Executive Lead (Section 11.0).
11. Identify the involvement and role of the municipality's council in the Municipality's asset management
planning operations (Section 11.0).
12. Identify the Municipality's commitment to provide opportunities for municipal ratepayers and other
stakeholders to provide input into the Municipality's asset management planning initiatives
(Section 11.0).
The scope of this Policy is to address asset management planning initiatives relative to all municipal assets, per •
O.Reg. 588/17.
2.3 Goals of Asset Management Planning
In general accordance with Building Together— Guide for Municipal Asset Management Plans (Guide; Ontario
Ministry of Infrastructure, 2012) and the requirements of O.Reg. 588/17, the Municipality's goals with respect to
future asset management planning initiatives includes the consideration of, but is not necessary limited to, the
following (as may be applicable):
1. Where financially feasible, continue to develop and improve physical, social, and recreational assets
and services of the municipality.
2. To maintain and enhance the quality of the natural, built, and human environments in the municipality.
3. To cooperate with local municipalities (i.e. neighbours) and upper -tier government for the diligent
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management of resources and assets (if possible), for the well-being of the Municipality and to provide
for the needs of the community.
4. Participate in and/or encourage projects and programs which strengthen and diversify the Municipality's
economic base.
5. Identify areas of the Municipality that should be prioritized for growth or expansion of services.
6. Identify specific projects and financial incentives that may be available to encourage the development
and improvement of Municipal assets.
7. Determine areas of focus for asset management over the short and long-term planning horizon.
8. Adopting preservation/preventative maintenance strategies for Municipal assets that involve repairing
minor issues prior to them becoming major issues.
9. Adopting replacement strategies for Municipal assets that involve saving and/or borrowing of funds.
The above stated goals of asset management planning should be considered and/or revised with each
subsequent revision to this Policy.
2.4 Updates to the Strategic Asset Management Policy
In accordance with Section 4 — Update of Asset Management Policy of O.Reg. 588/17, the Municipality should
review and consider updates to their existing Policy at least every five. (5) years.
3.0 Integration of Asset Management Planning into Financial Planning
Asset management planning initiatives, including any formal AMP, should be considered by the Municipality and
its Council as part of the development of municipal budgets or any financial plans (as it may pertain to municipal
assets).
An AMP is designed to be a guide to municipalities to determine actual priorities for the replacement, repair, or
upgrade of municipal assets.
3.1 Annual Municipal Budgeting
As part of preparing and approving annual municipal budgets, the Municipality, staff, and Council should consider
any recent updates to the AMP. Assets that have been identified as requiring replacement, repair, or upgrades
as of the year of the municipal budget should be considered a priority for budgeting purposes, based on condition
rating, age, service level, or any other asset -specific factor that may have been identified as part of the asset
management planning process.
Where replacement of a specific asset may not be financially achievable in a given year, consideration should
be given by the Municipality to repair/upgrade said asset such that its proposed replacement year could be
postponed into the future.
3.2 Financial Plans
As part of the preparation of any financial planning initiatives (i.e. 5 -year Financial Plan, etc.), the Municipality,
staff, and Council should consider any recent updates to the AMP. Assets that have been identified as requiring
replacement, repair, or upgrades as of the year of preparation of any financial planning initiative should be
considered a priority, as should any asset that may be identified as requiring replacement, repair, or upgrades
over the time period being considered for any financial planning initiatives.
Where replacement of a specific asset may not be financially achievable in a given year, consideration should
be given by the Municipality to repair/upgrade said asset such that its proposed replacement year could be
postponed into the future.
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4.0 Continuous Improvement and Data Collection
The Municipality is committed to continuous improvement and appropriate practices regarding the undertaking
of asset management planning initiatives for municipal assets.
4.1 Continuous Improvement in AMP Updates
As part of any AMP updates completed by the Municipality, and/or the Municipality's designates (i.e.
Consultants), the Municipality should consider any improvements that could be made to its asset management
planning initiatives. Continuous improvement opportunities could include, but may not be limited to, the following:
1. Additional asset categories to be considered for inclusion in an AMP.
2. Changes in approach to asset reviews and investigations.
3. New technologies that could be used as part of asset management.
4. Cost savings.
5. New training opportunities or cross -training of staff in various aspects of asset management.
6. Technical assistance (i.e. Consultant assistance).
4.2 Data Collection and Appropriate Practices in Information Gathering
Appropriate practices in data collection and asset management planning is considered to be paramount for any
municipality. While some aspects of asset management can be completed by municipal staff, in many cases
technical assistance (i.e. Consultants) should be retained.
With respect to data collection and appropriate practices in information gathering, the Municipality should
consider the following:
1. The Municipality should make all reasonable efforts to standardize data collection practices as part of
their asset management planning reviews.
2. In cases where legislation governs a specific municipal asset(s), the Municipality should retain the
services of consultants and/or specialists to assist with data collection and reporting on asset
management planning initiatives.
3. In cases where legislation does not govern a specific municipal asset, and municipal staff are involved
in data collection and reporting on asset management planning initiatives, the Municipality should ensure
that staff are appropriately trained and/or sufficiently knowledgeable with respect to the asset category
to complete the work.
4. In cases where municipal staff are not trained and/or sufficiently knowledgeable with respect to the asset
category, the Municipality should consider retaining the services of consultants and/or specialists to
assist with data collection and reporting on asset management planning initiatives.
5.0 Guiding Principles of Asset Management
In accordance with O.Reg. 588/17, the guiding principles to be followed by municipalities in its asset management
planning initiatives must include the principles set out in Section 3 of the Ontario Infrastructure for Jobs and
Prosperity Act (2015).
The principles set out in Section 3 of the Ontario Infrastructure for Jobs and Prosperity Act are included in
Appendix B of this Policy for reference purposes.
As part of future updates to this Policy, the Municipality may add additional, municipally -specific guiding principals
to their asset management planning initiatives, at their discretion.
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6.0 Climate Change and Asset Management Planning
As noted in Section 3 — Strategic Asset Management Policies of O.Reg. 588/17, climate change has been
identified as a significant factor that municipalities must commit to consider as part of asset management
planning.
Climate change, and its potential impact on aspects of asset management planning like operations and
maintenance schedules, condition ratings, levels or service, and lifecycle management, represent substantial
vulnerabilities and risk to municipal assets.
6.1 Financial Impacts Arising from Climate Change Vulnerabilities
To the furthest extent possible, based on municipal resources, the Municipality should consider the anticipated
financial impacts that could arise from factors involving climate change. This may include, but not necessarily
be limited to, the following:
1. Planning for the worst -case financial scenario when planning for asset replacement, repair, or upgrades.
2. Consideration of eliminating/deleting specific assets.
3. Consideration of any other anticipated costs related to climate change (as may be applicable).
6.2 Adaptation Opportunities to Manage Climate Change Vulnerabilities
As climate change impacts become more frequent and severe, municipalities should consider ways to adapt their
assets and service levels for their ratepayers and stakeholders including, but not limited to, the following:
1. Investigating alternatives to replacement of an asset in its current form/configuration to mitigate against
vulnerabilities related to climate change.
2. Consideration of the deletion of specific assets in areas of high risk to climate change impacts and
determining how the deletion of specific assets would impact the municipality and its
ratepayers/stakeholders.
3. Consideration of other ways to adapt assets and service levels to climate change factors (as may be
applicable).
6.3 Mitigation Approaches to Climate Change
Climate change and its impacts may be inevitable in some form or other for Ontarians; however, how
municipalities mitigate against these impacts represent an opportunity to its ratepayers and stakeholders.
Potential mitigative actions that could be initiated by the Municipality due to climate change may include, but not
necessarily be limited to, the following:
1. Establishing greenhouse gas (GHG) emission reduction goals and targets.
2. Reviewing existing assets and potential changes to assets that may reduce impacts on the environment
(i.e. building heating method changes, updating of fleet vehicles with more energy -efficient models,
renewable energy opportunities, etc.).
3. Consideration of other potential mitigative actions related to climate change vulnerabilities that could be
initiated (as may be applicable).
6.4 Climate Change -Related Disaster Planning and Contingency Funding
When the Municipality is considering upgrades and/or replacement of specific assets, the Municipality should
concurrently consider disaster planning. Some examples that should be considered to address vulnerabilities of
climate change are as follows:
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1. Conformance with current/updated municipal Site Plan control and overall development requirements
and approvals.
2. Complete climate change -related assessments to identify assets -at -risk.
3. Undertake mitigative measures including redesign/relocation of specific assets -at -risk, as may be
necessary.
4. Monitor and record climate change -related impacts/vulnerabilities.
5. Any other asset -related disaster planning initiative deemed by the Municipality to be necessary.
With respect to contingency funding, the Municipality should consider:
1. Any application for funding that is deemed significant for the Municipality to address climate change -
related asset vulnerabilities.
2. Any additional contributions to municipal reserves to be used in the event of a disaster event, as it may
relate to municipal assets.
6.5 Updates to Climate Change -Related Asset Management Planning Considerations
As part of any future updates to this Policy, the Municipality should consider any additions/deletions to the above
noted climate change -related asset management planning considerations.
7.0 Water and Wastewater Financial Planning and Asset Management
In accordance with item #6 of Section 3— Strategic Asset Management Policies of O.Reg. 588/17, municipalities
are required to align any financial plans for water and wastewater infrastructure with any asset management
planning initiatives.
7.1 Water Supply Services Financial Planning and Asset Management
As part of any updates to asset management planning documents that relate to water supply services assets in
the Municipality, the Municipality should integrate any pertinent information available from Financial Plans for
said assets, including but not necessarily limited to any Financial Plans prepared in accordance with the Safe
Drinking Water Act (2002).
Any supplemental plans/reports related to water supply services assets should also be considered in any updates
to asset management planning documents for the Municipality.
7.2 Wastewater Services Financial Planning and Asset Management
As part of any updates to asset management planning documents that relate to wastewater services assets in
the Municipality, the Municipality should integrate any pertinent information available from Financial Plans for
said assets.
Any supplemental plans/reports related to wastewater services assets should also be considered in any updates
to asset management planning documents for the Municipality.
8.0 Aligning of Asset Management Planning and Land -Use Planning
In accordance with item #7 of Section 3— Strategic Asset Management Policies of O.Reg. 588/17, municipalities
are required to ensure that asset management planning initiatives are aligned with Ontario's land -use planning
framework, including the Planning Act (1990, as amended) and the Hastings County Official Plan (2017, as
amended).
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8.1 Policy Statements Related to Subsection 3(1) of the Planning Act
As part of any asset management planning initiatives, the Municipality should review and ascertain the
applicability of any policy statements related to Subsection 3(1) of the Planning Act (1990) and how they may
impact the Municipality's asset management process or any decision -making actions to be made as part of the
asset management process.
8.2 Provincial Plans
As part of any asset management planning initiatives, the Municipality should review and ascertain the
applicability of any Provincial Plans of the Planning Act (1990) and how they may impact the Municipality's asset
management process or any decision -making actions to be made as part of the asset management process.
8.3 Strategic Plan
As part of any asset management planning initiatives, the Municipality should review and ascertain the
applicability of elements of the Municipality's Corporate Strategic Plan 2017-2021, as adopted by By -Law
No. 2017-41 on September 26, 2017, and how they may impact the Municipality's asset management process
or any decision -making actions to be made as part of the asset management process.
8.4 Official Plan
As part of any asset management planning initiatives, the Municipality should review and ascertain the
applicability of elements of the County of Hastings Official Plan (2017) and how they may impact the Municipality's
asset management process or any decision -making actions to be made as part of the asset management
process.
9.0 Capitalization Thresholds and Asset Management Planning
With respect to asset management planning, the Municipality's capitalization threshold for the asset categories
for this Policy are as defined in the Corporation of the Municipality of Tweed — Policy for Capital Tangible Assets
(Tangible Capital Asset Policy).
The following table identifies the capitalization thresholds for asset categories applicable to this Policy:
Table 1: Capitalization Thresholds per Asset Category
Asset Category Capitalization Threshold
Bridges & Large Culverts
Buildings
Computer Systems (hardware & software)
Furniture & Office Equipment
Group Assets (all categories)
Land
Land Improvements
Machinery & Equipment
Roads
Stormwater Systems
Vehicles
Wastewater Systems
Water Systems
$10,000
$10,000
$10,000
$10,000
$15,000
All land to be recorded
$10,000
$10,000
$10,000
$10,000
$10,000
$10,000
....................................
$10,000
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The capitalization thresholds used by the Municipality as part of their Tangible Capital Asset Policy (as identified
above) should also be used in any financially -related asset management planning initiatives.
Assets owned by the Municipality that have original values less than the capitalization threshold noted above
should not be included in any asset management planning initiatives, whereas any asset owned by the
Municipality that has an original value equal to, or above, the noted capitalization threshold is required to be
included in asset management planning initiatives.
At the discretion of the Municipality, capitalization thresholds for specific asset categories in asset management
planning may be modified by revisions to this Policy.
10.0 Multi -Municipal Approach to Asset Management Planning
In accordance with item #9 of Section 3 — Strategic Asset Management Policies of O.Reg. 588/17, municipalities
are required to coordinate planning for asset management initiatives with upper -tier governments (i.e. County of
Hastings), neighbouring municipalities, and/or jointly -owned municipal bodies in cases where. assets are
understood to connect and/or are interrelated.
Additionally, as part of asset management planning initiatives, the Municipality should:
1. Investigate any opportunities to partner with the upper -tier government and/or neighboring municipalities
on any upgrade or replacement activity for assets, as it may pertain to assets that are either shared or
could have the potential to impact the upper -tier government and/or neighboring municipalities.
2. Investigate any opportunities for multi -municipal group actions, such as joint procurement opportunities,
as it may pertain to upgrades and/or replacement of similar assets.
3. Investigate any opportunities for multi -municipal asset management plan data sharing, as a continuous
improvement initiative.
4. Consult with the upper -tier government and/or neighbouring municipalities on new methods of asset
management planning, on an as -needed basis.
A multi -municipal approach to asset management planning should be considered a developing process, with
updates to the process investigated as part of any future update to this Policy.
11.0 Roles and Responsibilities in Asset Management Planning
Clearly defining the roles and responsibilities with respect to the management of municipal assets is critical in
order for asset management planning to succeed. The following subsections are intended to be a summary of
the key roles and responsibilities for each pertinent person or persons involved in the Municipality's asset
management planning initiatives.
11.1 Municipal Administrative and Operations Staff
Municipal Administrative and Operations staff are to be considered the front line of asset management planning,
and should be responsible for the following:
1. Communicate to Senior Staff any issues related to condition rating assessments of assets.
2. Communicate to Senior Staff any issues with levels of service for assets.
3. Implementation of any directives from the Executive Lead regarding asset management, as may be
provided from Municipal Senior Staff.
11.2 Municipal Senior Staff
Municipal Senior Staff, including any Directors, Treasurers, Managers, Department Heads, or their designates,
represent a critical link in the asset management chain as they are the coordinators between Administrative and
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Operations Staff and the Executive Lead. Municipal Senior Staff should be responsible for the following:
1. Providing an environment where information on municipal assets provided from Administrative and
Operations Staff can be communicated effectively.
2. Reviewing and consider any asset -related data provided from Administrative and Operations Staff. If
applicable, provide additional detail and make recommendations to the Executive Lead regarding said
asset(s).
3. Conducting detailed reviews on assets where questions of condition rating, level of service, or other
asset management -related details may be warranted, and communicate results to the Executive Lead.
4. Coordination of any work with Consultants with respect to specific aspects of asset management.
5. Developing any protocols/best practices for determination of condition rating assessments, level of
service changes, or other asset management -related tasks.
6. Implementation of any directives from the Executive Lead, including directing Administrative or
Operations Staff to conduct specific work in asset management (as may be applicable).
11.3 Executive Lead
The Executive Lead of asset management planning for the Municipality is the Chief Administrative Officer (CAO)
and/or Clerk (or equivalent). In some cases, the Executive Lead could be designated by the CAO and/or Clerk
to another Municipal Senior Staff person, as may be required from time to time. The Executive Lead should
ultimately be responsible for the following:
1. Reporting on and maintain any/all asset management planning documents.
2. Providing recommendations to Municipal Council on specific asset management planning -related
issues.
3. Directing Municipal Senior Staff, Consultants, and/or others on specific asset management planning -
related issues upon direction from Municipal Council.
4. Implementation and/or on -going review/updating of the Policy and/or AMP.
5. Developing of any asset management guidelines, practices, and/or strategies.
6. Communicating any elements of asset management planning to ratepayers and stakeholders.
7. Hiring of Consultants to assist the Municipality with elements of asset management planning, as may be
required.
11.4 Consultants
As may be required, the Municipality may retain the services of Consultants to assist municipal staff with asset
management -related work. Consultants may include engineers, scientists, accountants, and/or other specialists
who provide specialty services that are outside of the skill -set of municipal staff. Consultants should be
responsible for the following:
1. Implementing asset management planning work as directed by the Executive Lead.
2. Coordination of the work with Municipal Senior Staff, with assistance of Administrative or Operations
Staff (as may be required).
3. Reporting on any asset management planning work to the Executive Lead.
11.5 Municipal Council
The Municipal Council are elected officials who are accountable to its ratepayers and stakeholders to make
decisions about municipal financing and services. As it pertains to asset management planning, the Municipal
Council is responsible for the following:
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1. Oversight and approval of the asset management planning process within the municipality.
2. Accepting recommendations on asset management planning from the Executive Lead.
3. Providing direction to the Executive Lead on asset management planning based on the
recommendations provided.
4. Providing support to the Executive Lead and other members of staff on asset management planning
initiatives and continuous improvement opportunities.
5. Review the Executive Lead's implementation of asset management planning initiatives as part of the
annual budgeting process.
11.6 Ratepayers and Stakeholders
In accordance with the requirements of O.Reg. 588/17, the Municipality should provide opportunities for
ratepayers and related stakeholders to provide input into the Municipality's asset management planning
initiatives. The format of this ratepayer/stakeholder input may include, but not necessarily be limited to, the
following:
1. Committees and/or working groups.
2. Questionnaires/polls.
3. Information sessions/presentations.
4. Other (to be determined).
On an annual (or other timeline) basis, the Municipality should consider what format and/or forum will be provided
with respect to ratepayer/stakeholder input, as it may relate to asset management planning initiatives.
11.7 Asset Management Planning Flow Chart
As described above, the following flow chart indicates the proposed flow of information in the Municipality for
asset management planning:
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Figure 1: Asset Management Planning Flow Chart
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12.0 Selected References
County of Hastings, 2017. The Hastings County Official Plan. December 19, 2017.
Municipality of Tweed, 2017. Corporate Strategic Plan — 2017-2021. September 26, 2017.
Municipality of Tweed, 2008. Policy for Capital Tangible Asses. June 10, 2008.
Ontario Ministry of Infrastructure, 2012. Guide for Municipal Asset Management Plans. 2012.
Ontario Ministry of Transportation, 2018. Ontario Structure Inspection Manual. May 2018.
Ontario Ministry of Transportation, 1991. Inventory Manual for Municipal Roads. February 1991.
Province of Ontario, 2017. Ontario Regulation 588/17 —Asset Management Planning for Municipal Infrastructure.
December 27, 2017.
Province of Ontario, 2015. Infrastructure for Jobs and Prosperity Act. Last Update: December 8, 2016.
Province of Ontario, 1990. Planning Act. Last Update: March 26, 2019.
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0
Appendix A
0
1/26/2018 O. Reg. 588/17: ASSET MANAGEMENT PLANNING FOR MUNICIPAL INFRASTRUCTURE
HOME PAGE / LAWS / 0. REG. 588/17: ASSET MANAGEMENT PLANNING FOR MUNICIPAL INFRASTRUCTURE
Ontario
Francais
ONTARIO REGULATION 588/17
made under the
INFRASTRUCTURE FOR JOBS AND PROSPERITY ACT, 2015
Made: December 13, 2017
Filed: December 27, 2017
Published on e -Laws: December 27, 2017
Printed in The Ontario Gazette: January 13, 2018
ASSET MANAGEMENT PLANNING FOR MUNICIPAL INFRASTRUCTURE
CONTENTS [-1
INTERPRETATION AND APPLICATION
2.
3.
4.
Definitions
Application
STRATEGIC ASSET MANAGEMENT POLICIES
Strategic asset management policy
Update of asset management policy
ASSET MANAGEMENT PLANS
5. Asset management plans, current levels of service
6. Asset management plans, proposed levels of service
7. Update of asset management plans
8. Endorsement and approval required
9. Annual review of asset management planning progress
10. Public availability
Table 1 Water assets
Table 2 Wastewater assets
Table 3 Stormwater management assets
Table 4 Roads
Table 5 Bridges and culverts
COMMENCEMENT
11. Commencement
INTERPRETATION AND APPLICATION
Definitions
1. (1) In this Regulation,
" asset category" means a category of municipal infrastructure assets that is,
(a) an aggregate of assets described in each of clauses (a) to (e) of the definition of core municipal infrastructure asset , or
O(b) composed of any other aggregate of municipal infrastructure assets that provide the same type of service; ("categorie de biens")
"core municipal infrastructure asset " means any municipal infrastructure asset that is a,
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(a) water asset that relates to the collection, production, treatment, storage, supply or distribution of water,
(b) wastewater asset that relates to the collection, transmission, treatment or disposal of wastewater, including any wastewater asset that from time to time
manages stormwater,
(c) stormwater management asset that relates to the collection, transmission, treatment, retention, infiltration, control or disposal of stormwater,
(d) road, or
(e) bridge or culvert; ("bien d'infrastructure municipale essentiel")
"ecological functions" has the same meaning as in Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under the Oak Ridges Moraine
Conservation Act, 2001; ("fonctions ecologiques")
"green infrastructure asset " means an infrastructure asset consisting of natural or human -made elements that provide ecological and hydrological functions
and processes and includes natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural
channels, permeable surfaces and green roofs; ("bien d'infrastructure verte")
"hydrological functions" has the same meaning as in Ontario Regulation 140/02; ("fonctions hydrologiques")
"joint municipal water board" means a joint board established in accordance with a transfer order made under the Municipal Water and Sewage Transfer Act,
1997; ("conseil mixte de gestion municipale des eaux")
"lifecycle activities" means activities undertaken with respect to a municipal infrastructure asset over its service life, including constructing, maintaining,
renewing, operating and decommissioning, and all engineering and design work associated with those activities; ("activites relatives au cycle de vie")
"municipal infrastructure asset" means an infrastructure asset , including a green infrastructure asset , directly owned by a municipality or included on the
consolidated financial statements of a municipality, but does not include an infrastructure asset that is managed by a joint municipal water board; ("bien
d'infrastructure municipale")
"municipality" has the same meaning as in the Municipal Act, 2001; ("municipality")
"operating costs" means the aggregate of costs, including energy costs, of operating a municipal infrastructure asset over its service life; ("frais d'exploitation")
"service life" means the total period during which a municipal infrastructure asset is in use or is available to be used; ("duree de vie")
"significant operating costs" means, where the operating costs with respect to all municipal infrastructure assets within an asset category are in excess of a
threshold amount set by the municipality, the total amount of those operating costs. ("frais d'exploitation importants")
(2) In Tables 1 and 2,
"connection -days" means the number of properties connected to a municipal system that are affected by a service issue, multiplied by the number of days on
which those properties are affected by the service issue. ("fours-branchements")
(3) In Table 4,
"arterial roads" means Class 1 and Class 2 highways as determined under the Table to section 1 of Ontario Regulation 239/02 (Minimum Maintenance
Standards for Municipal Highways) made under the Municipal Act, 2001; ("arteres")
"collector roads" means Class 3 and Class 4 highways as determined under the Table to section 1 of Ontario Regulation 239/02; ("routes collectrices")
"lane -kilometre" means a kilometre -long segment of roadway that is a single lane in width; ("kilometre de voie")
"local roads" means Class 5 and Class 6 highways as determined under the Table to section 1 of Ontario Regulation 239/02. ("routes locales")
(4) In Table 5,
"Ontario Structure Inspection Manual" means the Ontario Structure Inspection Manual (OSIM), published by the Ministry of Transportation and dated October
2000 (revised November 2003 and April 2008) and available on a Government of Ontario website; ("manuel d'inspection des structures de ('Ontario")
"structural culvert" has the meaning set out for "culvert (structural)" in the Ontario Structure Inspection Manual. ("ponceau structurel")
Application
2. For the purposes of section 6 of the Act, every municipality is prescribed as a broader public sector entity to which that section applies.
STRATEGIC ASSET MANAGEMENT POLICIES
Strategic asset management policy
3. (1) Every municipality shall prepare a strategic asset management policy that includes the following:
1. Any of the municipality's goals, policies or plans that are supported by its asset management plan.
2. The process by which the asset management plan is to be considered in the development of the municipality's budget or of any long-term financial plans
of the municipality that take into account municipal infrastructure assets .
3. The municipality's approach to continuous improvement and adoption of appropriate practices regarding asset management planning. O
4. The principles to be followed by the municipality in its asset management planning, which must include the principles set out in section 3 of the Act.
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5. The municipality's commitment to consider, as part of its asset management planning,
i. the actions that may be required to address the vulnerabilities that may be caused by climate change to the municipality's infrastructure assets , in
respect of such matters as,
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A. operations, such as increased maintenance schedules,
B. levels of service, and
C. lifecycle management ,
ii. the anticipated costs that could arise from the vulnerabilities described in subparagraph i,
iii. adaptation opportunities that may be undertaken to manage the vulnerabilities described in subparagraph i,
iv. mitigation approaches to climate change, such as greenhouse gas emission reduction goals and targets, and
v. disaster planning and contingency funding.
6. A process to ensure that the municipality's asset management planning is aligned with any of the following financial plans:
i. Financial plans related to the municipality's water assets including any financial plans prepared under the Safe Drinking Water Act, 2002.
ii. Financial plans related to the municipality's wastewater assets .
7. A process to ensure that the municipality's asset management planning is aligned with Ontario's land -use planning framework, including any relevant
policy statements issued under subsection 3 (1) of the Planning Act, any provincial plans as defined in the Planning Act and the municipality's official plan.
8. An explanation of the capitalization thresholds used to determine which assets are to be included in the municipality's asset management plan and how
the thresholds compare to those in the municipality's tangible capital asset policy, if it has one.
9. The municipality's commitment to coordinate planning for asset management , where municipal infrastructure assets connect or are interrelated with
those of its upper -tier municipality, neighbouring municipalities or jointly -owned municipal bodies.
10. The persons responsible for the municipality's asset management planning, including the executive lead.
11. An explanation of the municipal council's involvement in the municipality's asset management planning.
12. The municipality's commitment to provide opportunities for municipal residents and other interested parties to provide input into the municipality's asset
management planning.
(2) For the purposes of this section,
"capitalization threshold" is the value of a municipal infrastructure asset at or above which a municipality will capitalize the value of it and below which it will
expense the value of it. ("seuil de capitalisation")
Update of asset management policy
4. Every municipality shall prepare its first strategic asset management policy by July 1, 2019 and shall review and, if necessary, update it at least every five
years.
ASSET MANAGEMENT PLANS
Asset management plans, current levels of service
5. (1) Every municipality shall prepare an asset management plan in respect of its core municipal infrastructure assets by July 1, 2021, and in respect of all of
its other municipal infrastructure assets by July 1, 2023.
(2) A municipality's asset management plan must include the following:
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1. For each asset category, the current levels of service being provided, determined in accordance with the following qualitative descriptions and technical
metrics and based on data from at most the two calendar years prior to the year in which all information required under this section is included in the
asset management plan:
i. With respect to core municipal infrastructure assets , the qualitative descriptions set out in Column 2 and the technical metrics set out in Column 3
of Table 1, 2, 3, 4 or 5, as the case may be.
ii. With respect to all other municipal infrastructure assets , the qualitative descriptions and technical metrics established by the municipality.
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2. The current performance of each asset category, determined in accordance with the performance measures established by the municipality, such as those
that would measure energy usage and operating efficiency, and based on data from at most two calendar years prior to the year in which all information
required under this section is included in the asset management plan.
3. For each asset category,
i. a summary of the assets in the category,
ii. the replacement cost of the assets in the category,
iii. the average age of the assets in the category, determined by assessing the average age of the components of the assets ,
iv. the information available on the condition of the assets in the category, and
v. a description of the municipality's approach to assessing the condition of the assets in the category, based on recognized and generally accepted
good engineering practices where appropriate.
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4. For each asset category, the lifecycle activities that would need to be undertaken to maintain the current levels of service as described in paragraph 1 for
each of the 10 years following the year for which the current levels of service under paragraph 1 are determined and the costs of providing those activities
based on an assessment of the following:
i. The full lifecycle of the assets .
ii. The options for which lifecycle activities could potentially be undertaken to maintain the current levels of service.
iii. The risks associated with the options referred to in subparagraph ii.
iv. The lifecycle activities referred to in subparagraph ii that can be undertaken for the lowest cost to maintain the current levels of service.
5. For municipalities with a population of less than 25,000, as reported by Statistics Canada in the most recent official census, the following:
i. A description of assumptions regarding future changes in population or economic activity.
ii. How the assumptions referred to in subparagraph i relate to the information required by paragraph 4.
6. For municipalities with a population of 25,000 or more, as reported by Statistics Canada in the most recent official census, the following:
i. With respect to municipalities in the Greater Golden Horseshoe growth plan area, if the population and employment forecasts for the municipality are
set out in Schedule 3 or 7 to the 2017 Growth Plan, those forecasts.
ii. With respect to lower -tier municipalities in the Greater Golden Horseshoe growth plan area, if the population and employment forecasts for the
municipality are not set out in Schedule 7 to the 2017 Growth Plan, the portion of the forecasts allocated to the lower -tier municipality in the official
plan of the upper -tier municipality of which it is a part.
iii. With respect to upper -tier municipalities or single -tier municipalities outside of the Greater Golden Horseshoe growth plan area, the population and
employment forecasts for the municipality that are set out in its official plan.
iv. With respect to lower -tier municipalities outside of the Greater Golden Horseshoe growth plan area, the population and employment forecasts for
the lower -tier municipality that are set out in the official plan of the upper -tier municipality of which it is a part.
v. If, with respect to any municipality referred to in subparagraph iii or iv, the population and employment forecasts for the municipality cannot be
determined as set out in those subparagraphs, a description of assumptions regarding future changes in population or economic activity.
vi. For each of the 10 years following the year for which the current levels of service under paragraph 1 are determined, the estimated capital
expenditures and significant operating costs related to the lifecycle activities required to maintain the current levels of service in order to
accommodate projected increases in demand caused by growth, including estimated capital expenditures and significant operating costs related to
new construction or to upgrading of existing municipal infrastructure assets .
(3) Every asset management plan must indicate how all background information and reports upon which the information required by paragraph 3 of subsection
(2) is based will be made available to the public.
QIn this section,
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"2017 Growth Plan" means the Growth Plan for the Greater Golden Horseshoe, 2017 that was approved under subsection 7 (6) of the Places to Grow Act,
2005 on May 16, 2017 and came into effect on July 1, 2017; ("Plan de croissance de 2017")
"Greater Golden Horseshoe growth plan area" means the area designated by section 2 of Ontario Regulation 416/05 (Growth Plan Areas) made under the
Places to Grow Act, 2005. ("zone de croissance planifiee de la region elargie du Golden Horseshoe")
Asset management plans, proposed levels of service
6. (1) Subject to subsection (2), by July 1, 2024, every asset management plan prepared under section 5 must include the following additional information:
1. For each asset category, the levels of service that the municipality proposes to provide for each of the 10 years following the year in which all information
required under section 5 and this section is included in the asset management plan, determined in accordance with the following qualitative descriptions
and technical metrics:
i. With respect to core municipal infrastructure assets , the qualitative descriptions set out in Column 2 and the technical metrics set out in Column 3
of Table 1, 2, 3, 4 or 5, as the case may be.
ii. With respect to all other municipal infrastructure assets , the qualitative descriptions and technical metrics established by the municipality.
2. An explanation of why the proposed levels of service under paragraph 1 are appropriate for the municipality, based on an assessment of the following:
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i. The options for the proposed levels of service and the risks associated with those options to the long term sustainability of the municipality.
ii. How the proposed levels of service differ from the current levels of service set out under paragraph 1 of subsection 5 (2).
Whether the proposed levels of service are achievable.
iv. The municipality's ability to afford the proposed levels of service.
3. The proposed performance of each asset category for each year of the 10 -year period referred to in paragraph 1, determined in accordance with the
performance measures established by the municipality, such as those that would measure energy usage and operating efficiency.
4. A lifecycle management and financial strategy that sets out the following information with respect to the assets in each asset category for the 10 -year
period referred to in paragraph 1:
i. An identification of the lifecycle activities that would need to be undertaken to provide the proposed levels of service described in paragraph 1, based
on an assessment of the following:
A. The full lifecycle of the assets .
B. The options for which lifecycle activities could potentially be undertaken to achieve the proposed levels of service.
C. The risks associated with the options referred to in sub -subparagraph B.
D. The lifecycle activities referred to in sub -subparagraph B that can be undertaken for the lowest cost to achieve the proposed levels of service.
ii. An estimate of the annual costs for each of the 10 years of undertaking the lifecycle activities identified in subparagraph i, separated into capital
expenditures and significant operating costs.
iii. An identification of the annual funding projected to be available to undertake lifecycle activities and an explanation of the options examined by the
municipality to maximize the funding projected to be available.
iv. If, based on the funding projected to be available, the municipality identifies a funding shortfall for the lifecycle activities identified in subparagraph i,
A. an identification of the lifecycle activities, whether set out in subparagraph i or otherwise, that the municipality will undertake, and
B. if applicable, an explanation of how the municipality will manage the risks associated with not undertaking any of the lifecycle activities
identified in subparagraph i.
5. Far municipalities with a population of less than 25,000, as reported by Statistics Canada in the most recent official census, a discussion of how the
assumptions regarding future changes in population and economic activity, set out in subparagraph 5 i of subsection 5 (2), informed the preparation of the
lifecycle management and financial strategy referred to in paragraph 4 of this subsection.
a. For municipalities with a population of 25,000 or more, as reported by Statistics Canada in the most recent official census,
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i. the estimated capital expenditures and significant operating costs to achieve the proposed levels of service as described in paragraph 1 in order to
accommodate projected increases in demand caused by population and employment growth, as set out in the forecasts or assumptions referred to
in paragraph 6 of subsection 5 (2), including estimated capital expenditures and significant operating costs related to new construction or to
upgrading of existing municipal infrastructure assets ,
ii. the funding projected to be available, by source, as a result of increased population and economic activity, and
iii. an overview of the risks associated with implementation of the asset management plan and any actions that would be proposed in response to
those risks.
7. An explanation of any other key assumptions underlying the plan that have not previously been explained.
(2) With respect to an asset management plan prepared under section 5 on or before July 1, 2021, if the additional information required under this section is
not included before July 1, 2023, the municipality shall, before including the additional information, update the current levels of service set out under paragraph 1
of subsection 5 (2) and the current performance measures set out under paragraph 2 of subsection 5 (2) based on data from the two most recent calendar years.
Update of asset management plans
7. (1) Every municipality shall review and update its asset management plan at least five years after the year in which the plan is completed under section 6
�{J at least every five years thereafter.
(2) The updated asset management plan must comply with the requirements set out under paragraphs 1, 2 and 3 and subparagraphs 5 i and 6 i, ii, iii, iv and v
of subsection 5 (2), subsection 5 (3) and paragraphs 1 to 7 of subsection 6 (1).
Endorsement and approval required
8. Every asset management plan prepared under section 5 or 6, or updated under section 7, must be,
(a) endorsed by the executive lead of the municipality; and
(b) approved by a resolution passed by the municipal council.
Annual review of asset management planning progress
9. (1) Every municipal council shall conduct an annual review of its asset management progress on or before July 1 in each year, starting the year after the
municipality's asset management plan is completed under section 6.
(2) The annual review must address,
(a) the municipality's progress in implementing its asset management plan;
(b) any factors impeding the municipality's ability to implement its asset management plan; and
(c) a strategy to address the factors described in clause (b).
Public availability
10. Every municipality shall post its current strategic asset management policy and asset management plan on a website that is available to the public, and
shall provide a copy of the policy and plan to any person who requests it.
TABLE 1
WATER ASSETS
Column 1
Service attribute
Column 2
Community levels of service (qualitative descriptions)
Column 3
Technical levels of service (technical metrics)
Scope
1. Description, which may include maps, of the user groups or
areas of the municipality that are connected to the municipal water
system.
2. Description, which may include maps, of the user groups or
areas of the municipality that have fire flow.
1. Percentage of properties connected to the municipal
water system.
2. Percentage of properties where fire flow is available.
Reliability
1
Description of boil water advisories and service interruptions.
1. The number of connection -days per year where a boil
water advisory notice is in place compared to the total
number of properties connected to the municipal water
system.
2. The number of connection -days per year due to water
main breaks compared to the total number of properties
connected to the municipal water system.
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TABLE 2
WASTEWATER ASSETS
Column 1
Column 2
Column 3
Service attribute
Community levels of service (qualitative descriptions)
Technical levels of service (technical metrics)
Scope
Description, which may include maps, of the user groups or areas
Percentage of properties connected to the municipal
of the municipality that are connected to the municipal wastewater
system.
wastewater system.
Reliability
1. Description of how combined sewers in the municipal .
1. The number of events per year where combined sewer
wastewater system are designed with overflow structures in place
flow in the municipal wastewater system exceeds system
which allow overflow during storm events to prevent backups into
capacity compared to the total number of properties
homes.
connected to the municipal wastewater system.
2. Description of the frequency and volume of overflows in
2. The number of connection -days per year due to
combined sewers in the municipal wastewater system that occur in
wastewater backups compared to the total number of
habitable areas or beaches.
properties connected to the municipal wastewater system.
3. Description of how stormwater can get into sanitary sewers in
3. The number of effluent violations per year due to
the municipal wastewater system, causing sewage to overflow into
wastewater discharge compared to the total number of
streets or backup into homes.
properties connected to the municipal wastewater system.
4. Description of how sanitary sewers in the municipal wastewater
system are designed to be resilient to avoid events described in
paragraph 3.
5. Description of the effluent that is discharged from sewage
treatment plants in the municipal wastewater system.
TABLE 3
STORMWATER MANAGEMENT ASSETS
Column 1
Service attribute
Scope
Column 2
Community levels of service (qualitative descriptions)
Description, which may include maps, of the user groups or areas of
the municipality that are protected from flooding, including the extent
of the protection provided by the municipal stormwater
management system.
TABLE 4
ROADS
Column 3
Technical levels of service (technical metrics)
1. Percentage of properties in municipality resilient to a
100 -year storm.
2. Percentage of the municipal stormwater management
system resilient to a 5 -year storm.
Column 1
Service attribute
Column 2
Community levels of service (qualitative descriptions)
Column 3
Technical levels of service (technical metrics)
Scope
Description, which may include maps, of the road network in the
municipality and its level of connectivity.
Number of lane -kilometres of each of arterial roads,
collector roads and local roads as a proportion of square
kilometres of land area of the municipality.
Quality
Description or images that illustrate the different levels of road class
pavement condition.
1. For paved roads in the municipality, the average
pavement condition index value.
2. For unpaved roads in the municipality, the average
surface condition (e.g. excellent, good, fair or poor).
Column 1
Service attribute
Scope
TABLE 5
BRIDGES AND CULVERTS
Column 2
Community levels of service (qualitative descriptions)
Description of the traffic that is supported by municipal bridges (e.g.,
heavy transport vehicles, motor vehices, emergency vehicles,
pedestrians, cyclists).
Column 3
Technical levels of service (technical metrics)
Percentage of bridges in the municipality with loading or
dimensional restrictions.
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Quality
1. Description or images of the condition of bridges and how this
would affect use of the bridges.
2. Description or images of the condition of culverts and how this
would affect use of the culverts.
1. For bridges in the municipality, the average bridge
condition index value.
2. For structural culverts in the municipality, the average
bridge condition index value.
COMMENCEMENT
Commencement
11. This Regulation comes into force on the later of January 1, 2018 and the day it is filed.
Francais
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Appendix B
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Francais
Infrastructure for Jobs and Prosperity Act, 2015
S.O. 2015, CHAPTER 15
Consolidation Period: From December 8, 2016 to the e -Laws currency date.
Last amendment: 2016, c. 37, Sched. 17, s. 25.
Legislative History: 2016, c. 37, Sched. 17, s. 25.
CONTENTS
O PURPOSE AND INTERPRETATION
1. Purpose
2. Definitions
INFRASTRUCTURE PLANNING PRINCIPLES
3. Principles
LONG-TERM INFRASTRUCTURE PLANS
4. Long-term infrastructure plans
5. Publication
INFRASTRUCTURE ASSET MANAGEMENT PLANS
6. Infrastructure asset management plans
OTHER INFRASTRUCTURE -RELATED REQUIREMENTS
7. Criteria for prioritizing foundational infrastructure projects
8. Requirements respecting certain professionals
9. Requirements re apprentices
OTHER MATTERS
10. No cause of action
11. Existing obligations continue
REGULATIONS
12. Regulations
PURPOSE AND INTERPRETATION
Purpose
1 The purpose of this Act is to establish mechanisms to encourage principled, evidence -based and strategic long-term
infrastructure planning that supports job creation and training opportunities, economic growth and protection of the
environment, and incorporate design excellence into infrastructure planning.
Definitions
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2 In this Act,
"broader public sector entity" means,
(a) amunicipality as defined in subsection 1 (1) of the Municipal Act, 2001,
(b) a local board as defined in subsection 1 (1) of the Municipal Act, 2001,
(c) a board as defined in subsection 1 (1) of the Education Act,
(d) any post -secondary educational institution in Ontario that receives regular operating funding from the Government,
(e) a hospital within the meaning of the Public Hospitals Act,
(f) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, and
(g) any other persons or entities prescribed for the purposes of this defmition; ("entity du secteur parapublic")
"construction" includes reconstruction, improvement, extension, alteration, replacement and repairs; ("construction")
"Government" means,
(a) the Government of Ontario and the Crown in right of Ontario,
(b) a ministry of the Government of Ontario,
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(c) a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied
Arts and Technology Act, 2002, and
(d) any board, commission, authority or unincorporated body of the Crown; ("gouvernement")
"infrastructure" means the physical structures and associated facilities that form the foundation of development, and by or
through which a public service is provided to Ontarians, such as highways, bridges, bicycle paths, drinking water systems,
hospitals, social housing, courthouses and schools, as well as any other thing by or through which a public service is
provided to Ontarians that may be prescribed, but does not include,
(a) infrastructure relating to the generation, transmission, distribution and sale of electricity, including generation
facilities, transmission systems, distribution systems, and structures, equipment and other things connected to the
IESO-controlled grid, as these terms are defined in subsection 2 (1) of the Electricity Act, 1998,
(b) any other thing wholly or partly owned or leased by Hydro One Inc., Ontario Power Generation Inc., or a subsidiary of
either of them, and
(c) any prescribed physical structures or facilities; ("infrastructure")
"infrastructure asset" means all or part of any single physical structure, facility, or other thing that falls within the definition
of "infrastructure" in this section; ("bien d'infrastructure")
"Minister" means the Minister of Economic Development, Employment and Infrastructure or such other member of the
Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the
Executive Council Act; ("ministre")
"prescribed" means prescribed by the regulations; ("prescrit")
"regulations" means the regulations made under this Act. ("reglements")
INFRASTRUCTURE PLANNING PRINCIPLES
Principles
3 The Government, and every broader public sector entity, shall consider the following principles when making decisions
respecting infrastructure:
1. Infrastructure planning and investment should take a long-term view, and decision -makers should take into account the
needs of Ontarians by being mindful of, among other things, demographic and economic trends in Ontario.
2. Infrastructure planning and investment should take into account any applicable budgets or fiscal plans, such as fiscal
plans released under the Fiscal Transparency and Accountability Act, 2004 and budgets adopted under Part VII of the
Municipal Act, 2001 or Part VII of the City of Toronto Act, 2006.
3. Infrastructure priorities should be clearly identified in order to better inform investment decisions respecting
infrastructure.
4. Infrastructure planning and investment should ensure the continued provision of core public services, such as health
care and education.
5. Infrastructure planning and investment should promote economic competitiveness, productivity, job creation and
training opportunities.
6. Infrastructure planning and investment should ensure that the health and safety of workers involved in the construction
and maintenance of infrastructure assets is protected.
7. Infrastructure planning and investment should foster innovation by creating opportunities to make use of innovative
technologies, services and practices, particularly where doing so would utilize technology, techniques and practices
developed in Ontario.
8. Infrastructure planning and investment should be evidence based and transparent, and, subject to any restrictions or
prohibitions under an Act or otherwise by law on the collection, use or disclosure of information,
i. investment decisions respecting infrastructure should be made on the basis of information that is either publicly
available or is made available to the public, and
ii. information with implications for infrastructure planning should be shared between the Government and broader
public sector entities, and should factor into investment decisions respecting infrastructure.
9. Where provincial or municipal plans or strategies have been established in Ontario, under an Act or otherwise, but do
not bind or apply to the Government or the broader public sector entity, as the case may be, the Government or broader
public sector entity should nevertheless be mindful of those plans and strategies and make investment decisions
respecting infrastructure that support them, to the extent that they are relevant. Examples of plans and strategies to
which this paragraph may apply include,
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i. policy statements issued under section 3 of the Planning Act, and provincial plans as defined by that Act,
ii. municipal water sustainability plans submitted under the Water Opportunities Act, 2010,
iii. the Lake Simcoe Protection Plan established under the Lake Simcoe Protection Act, 2008, and
iv. transportation plans adopted under the Metrolinx Act, 2006.
10. Infrastructure planning and investment should promote accessibility for persons with disabilities.
11. Infrastructure planning and investment should minimize the impact of infrastructure on the environment and respect
and help maintain ecological and biological diversity, and infrastructure should be designed to be resilient to the
effects of climate change.
12. Infrastructure planning and investment should endeavour to make use of acceptable recycled aggregates.
13. Infrastructure planning and investment should promote community benefits, being the supplementary social and
economic benefits arising from an infrastructure project that are intended to improve the well-being of a community
affected by the project, such as local job creation and training opportunities (including for apprentices, within the
meaning of section 9), improvement of public space within the community, and any specific benefits identified by the
community.
14. Any other principles that may be prescribed for the Government or the broader public sector entity, as the case may be.
LONG-TERM INFRASTRUCTURE PLANS
Long-term infrastructure plans
4 (1) The Minister shall, in accordance with the timing requirements set out in subsection (2),
(a) develop long-term infrastructure plans containing the information set out in subsection (3); and
(b) table the long-term infrastructure plans in the Assembly or, if the Assembly is not sitting, deposit them with the Clerk
of the Assembly.
Timing requirements
(2) Long-term infrastructure plans shall be developed and tabled or deposited in accordance with the following timing
requirements:
1. The first long-term infrastructure plan shall be developed and tabled or deposited no later than three years after the day
this section comes into force.
2. Thereafter, each subsequent long-term infrastructure plan shall be developed and tabled or deposited no later than five
years after the day the previous plan was tabled or deposited.
Contents
(3) Each long-term infrastructure plan shall include the following information:
1. A description of the state, as of the date or during the period specified in the plan, of the infrastructure wholly or partly
owned by the Government, including,
i. an inventory of the infrastructure,
ii. a valuation of the infrastructure,
iii. the age of infrastructure assets, and
iv. the condition of infrastructure assets.
2. A description of the Government's anticipated infrastructure requirements, including improvements to existing
infrastructure assets and the acquisition of new infrastructure assets, for at least the 10 years following the
development of the plan.
3. A strategy to meet the infrastructure requirements identified under paragraph 2.
4. Any other information that the Minister determines should be included in the plan.
Application of principles
(4) For greater certainty, the Minister shall consider the principles set out in section 3 in developing strategies for the
purposes of paragraph 3 of subsection (3).
Publication
5 (1) The Minister shall publish each long-term infrastructure plan tabled or deposited under section 4 on a Government of
Ontario website.
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Archive
(2) The Minister shall maintain an archive of the long-term infrastructure plans tabled or deposited under section 4.
INFRASTRUCTURE ASSET MANAGEMENT PLANS
Infrastructure asset management plans
6 (1) Every broader public sector entity prescribed for the purposes of this section shall prepare the infrastructure asset
management plans that are required by the regulations and that satisfy the prescribed requirements.
Infrastructure asset management planning information
(2) Every broader public sector entity prescribed for the purposes of this section shall prepare such additional infrastructure
asset management planning information as may be prescribed by the regulations and that satisfies any prescribed
requirements.
Submission of plans, information to Minister
(3) If required by the Minister, a broader public sector entity shall, in accordance with any requirements the Minister may
specify, provide to the Minister or to any other minister of the Crown the Minister may specify, a copy of an infrastructure
asset management plan it has prepared under subsection (1), or of information it has prepared under subsection (2).
Same, other minister
(4) If required by a prescribed minister of the Crown, a broader public sector entity shall, in accordance with any
requirements that minister may specify, provide to that minister a copy of an infrastructure asset management plan it has
prepared under subsection (1), or of information it has prepared under subsection (2).
Public availability of plans, information
(5) If required by the regulations, a broader public sector entity shall make an infrastructure asset management plan it has
prepared under subsection (1), or information it has prepared under subsection (2), available to the public in the prescribed
form or manner.
Supplemental information to Minister
(6) If required by the Minister, a broader public sector entity shall, in accordance with any requirements the Minister may
specify, provide to the Minister or to any other minister of the Crown the Minister may specify, any supplemental
information respecting an infrastructure asset management plan or information it has provided under subsection (3) that the
Minister specifies.
Same, other minister
(7) If a broader public sector entity provides information to a prescribed minister of the Crown under subsection (4), the
broader public sector entity shall, if required by that minister and in accordance with any requirements the minister may
specify, provide to that minister any supplemental information respecting an infrastructure asset management plan or
information it has provided under that subsection that the minister specifies.
OTHER INFRASTRUCTURE -RELATED REQUIREMENTS
Criteria for prioritizing foundational infrastructure projects
7 (1) When evaluating and prioritizing proposed projects for the construction of an infrastructure asset, the Government shall
consider,
(a) whether the infrastructure asset is planned for in, or is contemplated by, any provincial or municipal plan or strategy to
which paragraph 9 of section 3 may apply, regardless of whether it binds or applies to the Government, or by a long-
term infrastructure plan published under subsection 5 (1);
(b) all related capital costs and operating costs that are reasonably expected to arise over the expected useful life of the
infrastructure asset; and
(c) whether the construction of the infrastructure asset would reasonably be expected to,
(i) be a long-term return on investment,
(ii) stimulate productivity and economic competitiveness,
(iii) maximize tax assessment values and tax base growth,
(iv) support any other public policy goals of the Government of Ontario or of any affected municipalities in Ontario,
and
(v) provide a foundation for further infrastructure projects.
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Additional criteria
(2) The Minister may, subject to the approval of the Lieutenant Governor in Council, develop and issue additional criteria
required to be considered under subsection (1).
Consultation required before issuing criteria
(3) Before issuing criteria under subsection (2), the Minister shall consult, • in the manner that the Minister considers
appropriate, with any persons or bodies that the Minister considers appropriate given the content of the proposed criteria,
including any potentially affected ministries, Crown agencies or broader public sector entities.
Publication
(4) The Minister shall publish any criteria issued under subsection (2) on a Government of Ontario website.
Legislation Act, 2006 (Part III)
(5) Part III (Regulations) of the Legislation Act, 2006 does not apply to criteria issued under this section.
Transition
(6) This section does not apply with respect to any infrastructure projects that receive approval to proceed to construction
before the day this section comes into force.
Requirements respecting certain professionals
8 (1) The Government shall require that the following persons be involved in the preparation of the design for the
construction of every infrastructure asset described in subsection (2), unless it is not practicable in the circumstances:
1. If the Government reasonably expects costs for the construction of the infrastructure asset to meet or exceed the
amount prescribed for the purposes of this paragraph for the infrastructure asset,
i. an architect as defined in the Architects Act, and
ii. a person, other than an architect, with demonstrable expertise in and experience with design in relation to
infrastructure assets.
2. If the Government reasonably expects costs for the construction of the infrastructure asset to meet or exceed the
amount prescribed for the purposes of this paragraph for the infrastructure asset, a professional engineer as defined in
the Professional Engineers Act.
Applicable infrastructure assets
(2) Subsection (1) applies to the following infrastructure assets:
1. The following infrastructure assets, if they are wholly owned by the Government:
i. Infrastructure assets relating to transportation, including highways, bridges and transit stations.
ii. Infrastructure assets intended primarily for the study and enjoyment of works in the arts or for the production of
works in the arts.
iii. Museums, as defined in Regulation 877 of the Revised Regulations of Ontario, 1990 (Grants for Museums) made
under the Ontario Heritage Act.
iv. Infrastructure assets that have been identified as having cultural heritage value or interest under Part III.1 of the
Ontario Heritage Act, or that are located on a property that has been designated under Part IV of that Act or in an
area designated as a heritage conservation district under Part V of that Act.
2. Any other infrastructure assets wholly owned by the Government that may be prescribed.
3. Any infrastructure assets partly owned by the Government, or for which the Government provides any funding, that
may be prescribed.
Minister's discretion
(3) The Minister may, subject to the approval of the Lieutenant Governor in Council, require that one or more persons
referred to in subsection (1) be involved in the preparation of the design for the construction of any infrastructure asset that is
wholly or partly owned by the Government, or for which the Government provides any funding, in a case where no such
person or persons would be required under that subsection or otherwise to be involved.
Non -application
(4) This section does not apply to the extent of any conflict with the Building Code Act, 1992, the Architects Act or the
Professional Engineers Act, or any regulations or by-laws made under any of them.
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Transition
(5) This section applies only in respect of construction for which design preparation commences on or after the day that is
six months after the day this section comes into force.
Requirements re apprentices
Definitions
9 (1) In this section,
"apprentice" means an individual who, under the Ontario College of Trades and Apprenticeship Act, 2009, has entered into a
registered training agreement under which the individual is receiving or is to receive training in a trade required as part of
an apprenticeship program established by the Ontario College of Trades; ("apprenti")
"registered training agreement" means an agreement registered under section 65 of the Ontario College of Trades and
Apprenticeship Act, 2009 under which an individual is receiving or is to receive training in a trade required as part of an
apprenticeship program established by the Ontario College of Trades; ("contrat d'apprentissage enregistre")
"trade" means a trade prescribed under subsection 74 (3) of the Ontario College of Trades and Apprenticeship Act, 2009 as a
trade for the purposes of that Act. ("metier") 2016, c. 37, Sched. 17, s. 25.
Commitment re intended use of apprentices
(2) A bidder that enters into a procurement process for the construction or maintenance by the Government of an
infrastructure asset shall, in the prescribed circumstances, provide to the Government as part of the procurement process a
commitment respecting the intended use of apprentices in the construction or maintenance in the event of a successful bid.
Prescribed requirements
(3) A commitment provided under subsection (2) shall meet the prescribed requirements.
Apprenticeship plan
(4) Every bidder referred to in subsection (5) that enters into a procurement process for the construction or maintenance by
the Government of an infrastructure asset shall provide to the Government a plan for the intended use of apprentices in the
construction or maintenance, in the event of a successful bid, that,
(a) includes the following information:
(i) the number of apprentices whom the bidder intends to employ for the construction or maintenance in each trade,
(ii) the methods by which the bidder intends to support the completion by those apprentices of their training under
the registered training agreements into which they have entered,
(iii) the methods by which the bidder intends to create employment opportunities arising from the construction or
maintenance for apprentices who are women, aboriginal persons, newcomers to Ontario, at -risk youth, veterans,
residents of the community in which the infrastructure asset is located or any other persons specified by the
regulations; and
(b) meets any other requirements that may be prescribed.
Same, application
(5) Subsection (4) applies to,
(a) a successful bidder that was required to provide a commitment to the Government under subsection (2) and, in the
prescribed circumstances, any other successful bidder; and
(b) any other bidder, in the prescribed circumstances, as part of the procurement process.
Non-compliance during procurement process
(6) The Government shall not consider the bid of a bidder that is required to provide, as part of the procurement process, a
commitment under subsection (2) or a plan under subsection (4) in accordance with the prescribed requirements, and fails to
do so.
Obligations regarding ratios
(7) For greater certainty, information included in a commitment or plan provided for the purposes of this section must
conform to any applicable requirements respecting journeyperson to apprentice ratios that are established for the purposes of
section 60 of the Ontario College of Trades and Apprenticeship Act, 2009.
Public availability
(8) A bidder shall, in the prescribed circumstances, make a commitment or plan it has provided for the purposes of this
section available to the public in the prescribed form or manner.
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Section Amendments with date in force (d/m/y)
2016, c. 37, Sched. 17, s. 25 - 08/12/2016
OTHER MATTERS
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No cause of action
10 (1) No cause of action arises against the Crown in right of Ontario or any minister, agent, appointee or employee of the
Crown as a direct or indirect result of,
(a) the enactment or repeal of this Act;
(b) the making or revoking of a regulation under this Act; or
(c) anything done or not done under this Act.
Same
(2) Without limiting the generality of subsection (1), that subsection applies to an action or other proceeding claiming any
remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages,
including loss of revenue and loss of profit, or any other remedy or relief.
Existing obligations continue
11 (1) Nothing in this Act or the regulations in any way diminishes or otherwise alters the obligation of the Government to
meet any requirement imposed on the Government under any other Act or otherwise by law.
Same
(2) Nothing in this Act or the regulations in any way diminishes or otherwise alters the obligation of a broader public sector
entity to meet any requirement imposed on the broader public sector entity under any other Act or otherwise by law.
REGULATIONS
Regulations
12 (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing persons or entities for the purposes of clause (g) of the definition of "broader public sector entity" in
section 2;
(b) for the purposes of the definition of "infrastructure" in section 2,
(i) prescribing additional things by or through which a public service is provided to Ontarians as being included in
the definition, and
(ii) excluding physical structures or facilities from the definition;
(c) prescribing additional principles for the Government or any broader public sector entities, for the purposes of section
3;
(d) for the purposes of section 6,
(i) prescribing broader public sector bodies,
(ii) setting out the infrastructure asset management plans that must be prepared under subsection 6 (1) and governing
their preparation, including governing their form, content and timing,
(iii) setting out any additional infrastructure asset management planning information that must be prepared under
subsection 6 (2) and governing its preparation, including governing its form, content and timing,
(iv) prescribing ministers of the Crown for the purposes of subsection 6 (4), and
(v) governing the circumstances in which a plan prepared under subsection 6 (1) or information prepared under
subsection 6 (2) must be made available to the public and governing the form or manner of that availability;
(e) for the purposes of section 8,
(i) prescribing amounts for the purposes of paragraph 1 or 2 of subsection 8 (1),
(ii) prescribing infrastructure assets for the purposes of paragraph 2 of subsection 8 (2), and
(iii) prescribing infrastructure assets, including any asset referred to in subparagraphs 1 i, ii, iii or iv of subsection 8
(2), for the purposes of paragraph 3 of that subsection;
(f) for the purposes of section 9,
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(i)
governing the circumstances in which a commitment must be provided under subsection 9 (2), and governing the
preparation and provision of commitments, including governing their form, content and timing,
(ii) governing the circumstances in which a plan must be provided under subsection 9 (4), and governing the
preparation and provision of plans, including governing their form, content and timing, and
(iii) governing the circumstances in which a commitment or plan provided for the purposes of the section must be
made available to the public and governing the form or manner of that availability;
(g) defining, for the purposes of this Act and the regulations, any word or expression that is used, but not defined, in this
Act;
(h) providing for any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out
the purposes of this Act.
Consultation required before making regulation
(2) Before a regulation may be made under subsection (1), the Minister shall consult, in the manner that the Minister
considers appropriate, with any persons or bodies that the Minister considers appropriate given the content of the proposed
regulation, including any potentially affected ministries, Crown agencies or broader public sector entities.
13 OMITTED (PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS ACT).
14 OMITTED (ENACTS SHORT TITLE OF THIS ACT).
Francais
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