HomeMy Public PortalAbout2017-02-09_Council_Public_Agenda PackagePage 1 of 2
MUNICIPAL COUNCIL
AGENDA
Thursday,February 9, 2017 at 8:45 a.m.
Chester Municipal Council Chambers
151 King Street, Chester, NS
1.MEETING CALLED TO ORDER.
2.APPROVAL OF AGENDA/ORDER OF BUSINESS.
3.PUBLIC INPUT SESSION (8:45 A.M.–9:00 A.M.)
4.MINUTES OF PREVIOUS MEETING:
4.1 Council –January 26, 2017
6.MATTERS ARISING:
6.1 Amendment –Dog By-Law –Deferred from January 26, 2017 Council Meeting –
with regard to Dog Kennels.
7.CORRESPONDENCE:
7.1 Letter from Gerard Gagnon dated January 27, 2017 regarding Our Health Centre
Association and additional correspondence as follows:1.Copy of OHC’s latest financial newsletter;2.Copy of OHC’s high interest $1.5 million mortgage; and3.A list of OHC’s failed promises.
8.NEW BUSINESS:
8.1 Request for Discussion prepared by Department of Solid Waste dated January 24,
2017 regarding Shingles report.
8.2 Third Quarterly Financial Report –Director of Finance
5. COMMITTEE REPORTS:
5.1. Committee of the Whole Meeting – February 2, 2017 – Warden Webber
5.2 Citizens Planning Advisory Committee – January 9, 2017 (minutes only)
5.3 Any other Committees.
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9.IN CAMERA:
9.1 Personnel Matter –Recreation.
10.ADJOURNMENT.
MOTIONS REQUIRING APPROVAL OF COUNCIL
FROM FEBRUARY 2, 2017
COMMITTEE OF THE WHOLE MEETING
2017-061 APPROVAL OF AGENDA – FEBRUARY 2, 2017
2017-062 APPROVAL OF MINUTES – JANUARY 19, 2017
2017-063 TO CONTINUE TO MONITOR FIRE DEPARTMENT CALL VOLUME AND
TYPE AND CONTINUE WORK WITH PUBLIC EDUCATION AND BY-LAW
ENFORCEMENT TO ASSIST IN THE REDUCTION OF FALSE ALARMS.
MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that the Committee of
the Whole recommend to Council to continue monitoring call volume and type.
Furthermore, it is recommended that work continue in public education and By-Law
Enforcement to assist in the reduction of false alarms. CARRIED.
2017-064 TO AUTHORIZE STAFF TO DEVELOP AND IMPLEMENT THE 2017
SAFETY WORK PLAN
MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council to authorize staff to develop and
implement the 2017 Safety Work Plan in support of continuous improvement to the
MODC Health and Safety Program. CARRIED.
2017-065 TO TRANSITION THE EXISTING ISO 9001:2008 QUALITY
MANAGEMENT SYSTEM TO ISO 9001:2015
MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council to transition the existing ISO 9001:2008
Quality Management System to ISO 9001:2015; it is recommended that:
• The Municipality address gaps identified in the preliminary assessment report
within the regular course of business planning.
• SAI Global conduct a final ISO 9001:2015 Quality Management System readiness
evaluation and registration audit at a time determined by Strategic Management Team.
Whereas the Municipality’s Quality Management System references a complementary
suite of management system standards and best practices in addition to the ISO
9001:2015, it is further recommended that:
• Council amend Quality Policy P-76 by replacing “working through the ISO
9001:2008 standard” with “working through ISO 9001 and other Management System
Standards.”
CARRIED.
2017-066 TO PROVIDE A LETTER OF SUPPORT FOR NOW LUNENBURG COUNTY
REGARDING THEIR 2017 CROSS-COUNTRY TOUR.
MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the Committee
of the Whole recommend to Council to provide a letter of support for NOW Lunenburg
County regarding their 2017 cross-country tour promoting Lunenburg County. CARRIED.
2017-067 TO DIRECT STAFF TO DETERMINE CRITERIA AND FUNDING TO SELECT
A RESIDENT TO TAKE PART IN THE NOW LUNENBURG COUNTY INITIATIVE
FOR 2017.
MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that the
Committee of the Whole recommend to Council to direct staff to determine criteria and
funding to select a resident to take part in the NOW Lunenburg County initiative for
2017. CARRIED.
2017-068 TO APPROVE THE ROAD NAME “CORMORANT LANE” IN CHESTER
BASIN.
MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that
the Committee of the Whole recommend to Council to approve the road name
“Cormorant Lane” in Chester Basin. CARRIED.
2017-069 TO DEFER THE REVIEW OF THE STRATEGIC PRIORITIES CHART
MOVED by Councillor Assaff, SECONDED by Councillor Barkhouse to defer the review of
the Strategic Priorities Chart until the February 16, 2017 meeting.
Discussion:
Deputy Warden Shatford asked if the chart would be changing and it was
indicated that it would not change; it would be a review of the priorities set at the
Strategic Priorities Session.
CARRIED.
2017-070 TO AWARD THE VOC CENTRAL WATER SYSTEM: NEEDS ASSESSMENT
AND OPTIONS ANALYSIS, AS PROPOSED TO CBCL LIMITED, HALIFAX, NS.
MOVED by Councillor Church, SECONDED by Councillor Barkhouse that the Committee
of the Whole recommend to Council to award the Village of Chester Central Water
System: Needs Assessment and Options Analysis, as proposed, to CBCL Limited, Halifax,
NS for the amount of $19,713.00 plus HST ($20,558 Net HST). CARRIED.
2017-071 TO MAKE AN EXECEPTION TO THE GRANT POLICY TO ALLOW A
COMMUNITY GROUP/ORGANIZATION THAT MIGHT RECEIVE A VIC GRANT
IN 2017 TO OPERATE A VIC.
MOVED by Councillor Barkhouse, SECONDED by Councillor Church that the Committee
of the Whole recommend to Council to make an exception to the Grant Policy to allow a
community group/organization that might receive a VIC grant in 2017 to operate a VIC
– that organization would still be eligible to apply for an annual grant from the
Municipality. CARRIED.
2017-072 TO ACCEPT THE SCOPE OF WORK AND EVALUATION CRITERIA FOR
THE EXPRESSION OF INTEREST FOR THE OPERATION OF A VISITOR
INFORMATION CENTRE.
MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of
the Whole recommend to Council to accept the Scope of Work and Evaluation Criteria
for the Expression of Interest for the operation of a Visitor Information Centre as reviewed
and amended by Committee of the Whole. CARRIED.
2017-073 IN CAMERA
2017-074 ADJOURNMENT
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Notice of Intention to Amend –
1st Reading – Council –
2nd Reading – Council –
Effective Date –
MUNICIPALITY OF THE DISTRICT OF CHESTER
DOG BY-LAW
BY-LAW # 140
DEFINITIONS
1. In this By-Law:
a. "CLERK" means the Clerk of the Municipality and shall include any other person designated
by the Chief Administrative Officer to carry out the duties of the Clerk under this By-Law;
b. BY-LAW ENFORCEMENT OFFICER” means that person employed by the Municipality, and
designated by the CAO, with responsibility for the enforcement of by-laws and whose duties
may include those of the pound keeper and those of the Dog Control Officer as described in
Section 175, Part (1) Subsection (h) of the Municipal Government Act;
c. “ANIMAL CONTROL OFFICER” means that person employed by the Municipality, and
designated by the CAO, with responsibility for Animal Control and whose duties may include
maintaining a pound, capturing and impounding dogs in breach of this by-law and those of the
Dog Control Officer as described in Section 175, Part (1) Subsection (h) of the Municipal
Government Act;
d. "DOG" means any dog, male or female, of any age or any animal that is the result of the
breeding of a dog and any other animal;
e. To "OWN" includes to possess or harbour a dog;
f. "OWNER" includes any person who possesses, has the care of, or has the control of or harbours
a dog and, where the person is a minor, includes a person responsible for the custody of the
minor;
g. “DOG LICENSE” means a license for any kind of dog.
h. “DOG LICENSE PERIOD” means the time 5 years subsequent to the date of issue of a dog
license, both dates inclusive.
i. "POUND" means an enclosure maintained by or under the authority of the pound keeper for
confining dogs captured pursuant to this By-Law;
j. "FIERCE OR DANGEROUS" dog means any dog with a known propensity, tendency or
disposition to attack without provocation other domestic animals or persons.
DOG BY-LAW # 140 (CONTINUED)
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2nd Reading – Council –
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k. "PUBLIC PROPERTY" has the same meaning as defined in Section 4 of the Public Properties
By-Law No. 134, but shall also include all Crown Land for which the Municipality has
responsibility for under a Letter of Authority issued pursuant to the Crown Lands Act and all
streets, roads and highways and their sidewalks regularly used by the public that lie within
the boundary of the Municipality, whether owned or maintained by the Municipality or some
other government body, organisation, body corporate, or person.
l. “MUNICIPAL PROPERTY” shall include all streets, roads, trails, sidewalks parks, structures
and public places owned by the Municipality and shall be taken to include all Crown Land for
which the Municipality has responsibility for under a Letter of Authority issued pursuant to
the Crown Lands Act.
m. “KENNEL” means an establishment for the breeding and / or boarding of dogs and includes
establishments known as “Doggie Day Care” or any similar definition thereof.
n. “KENNEL LICENSE” means a license for any type of kennel.
o. “KENNEL LICENSE PERIOD” means the time between January 1st and the following December
31st, both dates inclusive.
p. “KENNEL OWNER” includes any person, individuals, partnership, society, association,
corporation or agency who owns or operates a kennel as defined in section 1 (l) and shall
include the owner of the property upon which the kennel is situated.
q. “SELL” shall be taken to include giving away free of charge or otherwise finding a more
suitable home for a dog.
DOGS
2. The owner of every dog shall be responsible for registering and maintaining that registration
immediately upon acquiring ownership of a dog with the Clerk and shall obtain at that time a
license for such dog. The registration and license fee shall be in accordance with policy adopted
by the Municipal Council from time to time and shall be paid by the owner at time of registration.
3. Unless there has been a prior renewal a license issued pursuant to Section 2 shall expire not
later than five (5) years from the date of issuance.
4.
DOG BY-LAW # 140 (CONTINUED)
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a. The Municipal Council shall appoint the clerk to be a Collector whose duties shall be to
register dogs and issue licenses and tags pursuant to this By-Law.
b. The Municipality may employ a person who shall be designated by the CAO to act as either
Pound Keeper or By-Law Enforcement Officer or Animal Control Officer or any one or all of
these positions.
5.
a. Upon registration of the dog and upon payment of the prescribed registration and license fee,
the Clerk shall issue a tag for each dog so registered.
b. The tag shall bear the serial number of the license, the year in which it was issued and any
other inscription the Clerk, the Collector or the By-Law Enforcement Officer may deem
necessary.
c. The owner of a dog shall keep the tag so issued securely fixed to that dog at all times while
the dog is so registered and licensed.
d. The tag may be removed from a dog when the dog is being lawfully used for hunting purposes.
e. The owner shall not use the tag issued for one dog on any other dog.
f. When satisfied that a tag validly issued has been lost, and upon payment of the fee set by
policy, the Clerk may issue a new one to replace the lost one.
g. The Clerk shall keep a register of all registrations and licenses together with such other
information as may be reasonable or necessary and amend the registration of each dog as
required.
6.
a. Any dog which is off the property occupied by the owner or a property defined in Section 6
(b) Part v without being under the continuous restraint and control of some responsible
person, is deemed to be running at large for the purposes of this By-Law. A dog which is
tethered on a tether of sufficient length to permit the dog to leave the property occupied by
the owner or a property defined in Section 6 (b) Part v is deemed to be running at large.
b. The owner of a dog, shall, while the dog is off the property occupied by the owner or a
property defined in Section 6 (b) Part v, keep the dog under control by means of a harness or
leash, and the dog shall be deemed to be running at large where the owner fails to use such
apparatus, except that an unleashed and unharnessed dog that is under continuous human
restraint and control shall not be deemed to be running at large if at the time the dog is:
i. participating in an organized hunt, dog exhibition event or dog field trials;
DOG BY-LAW # 140 (CONTINUED)
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ii. participating in a search and rescue operation or law-enforcement operation;
iii. assisting a person with a disability, provided the dog is trained for such purpose;
iv. within a municipal public park where the area is designated by signage as an area in
which dogs are permitted to be without a leash subject to such limitations are posted;
v. on privately owned property, with the consent of the owner or occupant of the property
while the dog remains on the property;
7. Any dog not registered pursuant to this By-Law, or running at large, or without
a collar or tag may be captured by the Animal Control Officer or By-Law Enforcement Officer,
and placed in the pound so established. But in cases where dogs either cannot be captured or
cannot be captured safely the Animal Control Officer or By-Law Enforcement Officer or persons
acting under their authority may immediately destroy such dogs without impounding them.
Upon any dog being so impounded the Animal Control Officer or By-Law Enforcement Officer
shall make best efforts to contact the owner of said dog and inform them that the animal has
been impounded. Should the owner be unable to be contacted within five (5) days of the date of
the dog being so impounded, the Animal Control Officer or By-Law Enforcement Officer shall;
a. With dogs bearing the tag issued pursuant to this by-law mail to the registered owner not
later than three (3) days before the time referred to in the notice, by registered mail postage
prepaid a notice in the form set out in Section 7 (c) hereof or such similar form as may suit
the particular circumstances; or
b. With a dog that does not bear a tag issued pursuant to this By-Law, post in the Municipal
Building a notice not later than three (3) days before the time referred to in that Notice, a
Notice in the form set out in Section 7 (c) hereof, or such similar form as may suit the
particular circumstances;
c. The form of notice as set out in this Section may be as follows:
"TAKE NOTICE" that a dog (giving a short description with number of tag, if any)
has been impounded in the animal pound of the Municipality of the District of
Chester at and unless such dog is claimed (and registered) on or
before the day of 20 _, at o'clock in the noon, the
dog will then be sold or if not sold within 7 days, may be destroyed.
Animal Control Officer or By-Law Enforcement Officer
Dated at in the Municipality of the District of Chester this day of
20 .
8. The owner of any dog impounded may, upon proving the ownership thereof and
upon the payment of any registration fee that may be outstanding as well as
redemption fee in accordance with policy adopted by Council from time to time
and such other costs as may have been incurred in the capturing and keeping
of the dog, redeem the dog from the pound.
DOG BY-LAW # 140 (CONTINUED)
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9. Any dog which has not been so redeemed within the period allowed, may after
the expiry of that period be sold by the Animal Control Officer or By-Law Enforcement
Officer, for such price as may be reasonably obtainable, and the proceeds shall
be given to the Clerk to cover all costs incurred in capturing; keeping and selling
the dog and the surplus if any may be retained by the Municipal Council, or may be returned to
the owner upon application and providing sufficient proof of ownership.
10. Any dog which cannot be sold after a reasonable effort has been made may be
destroyed by the Animal Control Officer, or By-Law Enforcement Officer or person acting
under their authority.
11. Any Constable, Peace Officer, Animal Control Officer or By-Law Enforcement Officer, without
notice to or complaint against the owner of any such dog, may impound any dog:
a. which is fierce or dangerous; or
b. which without provocation:
i. has attacked or injured any person or property; or
ii. has caused any harm or loss to the body or personal property of any person; or
c. which is rabid or appears to be rabid or exhibiting symptoms of canine madness; or
d. that is persistently disturbing the quiet of the neighbourhood by barking, howling or
otherwise.
But in cases where dogs either cannot be captured or cannot be captured safely the Animal
Control Officer or By-Law Enforcement Officer or persons acting under their authority may
immediately destroy such dogs without impounding them.
12. Where a dog has been impounded pursuant to Section 11 (a), Section 11 (b) or Section11 (c) of
this by-law, any Constable, Peace Officer, Animal Control Officer or By-law
Enforcement Officer shall without complaint against the owner thereof make best efforts to
contact the owner of said dog and inform them that the animal has been impounded. Should the
owner be unable to be contacted within five (5) days of the date of the dog being so impounded,
the Animal Control Officer or By-Law Enforcement Officer shall;
a. Where the registered owners details are known, or with dogs bearing the tag issued pursuant
to this by-law, mail to the registered owner not later than three (3) days before the time
referred to in the notice, by registered mail postage prepaid a notice in the form set out in
Section 12 (c) hereof or such similar form as may suit the particular
circumstances; or
b. With a dog that does not bear a tag issued pursuant to this By-Law, post in the Municipal
Building a notice not later than three (3) days before the time referred to in that Notice, a
DOG BY-LAW # 140 (CONTINUED)
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Notice in the form set out in Section 12 (c) hereof, or such similar form as may suit the
particular circumstances;
c. The form of notice as set out in this Section may be as follows:
"TAKE NOTICE" that a dog (giving a short description with number of tag, if any)
as a result of (being found to be fierce or dangerous, being rabid or exhibiting symptoms of
canine madness, an unprovoked attack against a person or property – delete as appropriate)
has been impounded in the animal pound of the Municipality of the District of Chester at
and unless an application is made to the Animal Control Officer or By-Law Enforcement
Officer on or before the day of 20_ , at o'clock in the noon, the animal may be destroyed.
Animal Control Officer or By-Law Enforcement Officer
Dated at in the Municipality of the District of Chester this
day of 20 .
d. The owner of any dog so impounded may, upon proving ownership of the dog, within 14 days
of the date of such notice being issued, lodge an application with the Animal Control Officer
or By-Law Enforcement Officer, in writing, against the destruction of the dog.
e. The Animal Control Officer or By-Law Enforcement Officer will, within 14 days of receipt of a
letter of application against the destruction of a dog, schedule a meeting to discuss the matter.
The Animal Control Officer or By-Law Enforcement Officer will inform the owner of the dog
of the date of this meeting and the dog’s owner will be permitted to attend to present reasons
why the dog should not be destroyed.
f. Upon hearing any application, or if no application is received, the Animal Control Officer or
By-Law Enforcement Officer may;
i. Make a decision to destroy the dog; or
ii. Authorise the return of the dog to its registered owner under such conditions,
safeguards and limitations that they deem reasonable or appropriate to manage the
risk posed by the dog, protect the neighbourhood and otherwise serve the purpose of
this by-law so long as the registered owner signs an undertaking agreeing to be bound
by such conditions; or
iii. Return the dog to the registered owner; or
iv. Make an application to the Court pursuant to the Municipal Government Act to make
a decision on how to deal with the dog.
g. In any case, after hearing an application, the Animal Control Officer or By-Law Enforcement
Officer will write to the owner of the dog, by registered mail, informing them of their decision.
DOG BY-LAW # 140 (CONTINUED)
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h. Where a decision has been made to destroy the dog, the Animal Control Officer or By-Law
Enforcement Officer or a person acting under their authority will destroy the dog.
13. Where a dog has been impounded pursuant to Section 11 (d) of this by-law, any Constable, Peace
Officer, Animal Control Officer or By-Law Enforcement Officer may deal with the dog by:
a. In the case of a first offence, and upon application by the owner with sufficient proof of
ownership, may impose such conditions, safeguards and limitations as may deem reasonably
appropriate to protect the neighbourhood and otherwise serve the purpose of this by-law
upon the dog and its owner, and return the dog to the owner only after the owner has signed
an undertaking agreeing to such conditions, safeguards and limitations; or
b. In the case of subsequent offences, or where the owner or animal is in breach of any of the
conditions, safeguards or limitations contained in the signed undertaking, the Animal Control
Officer or By-Law Enforcement Officer may:
i. Impose further conditions, safeguards and limitations as may deem reasonably
appropriate to protect the neighbourhood and otherwise serve the purpose of this by-
law upon the dog and its owner, and require the owner to sign an undertaking
agreeing to such conditions, safeguards and limitations; or
ii. Impound the dog and take steps to sell the dog.
iii. Any dog that cannot be sold after a reasonable effort has been made may be destroyed
by the Animal Control Officer or By-Law Enforcement Officer or person acting under
their authority.
14. Where a dog that was registered pursuant to this by-law has been impounded or destroyed, the
Municipality may take all reasonable steps to recover any costs associated with the
impoundment and destruction of the dog from the registered owner.
15. Where a dog that was not registered pursuant to this by-law has been impounded or destroyed,
but the identity of the owner has been established to the satisfaction of the Animal Control
Officer or By-Law Enforcement Officer, the Municipality may take all reasonable steps to recover
any costs associated with the impoundment and destruction of the dog from the owner.
16. Every owner of a dog who fails to remove the feces of a dog, other than a dog
that is trained to assist and is assisting a person with a disability, from Municipal
property is guilty of an offence against this By-law and is subject on conviction to the penalty
prescribed by in Section 20.
KENNELS
17. In respect of kennels.
DOG BY-LAW # 140 (CONTINUED)
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a. No person shall operate a kennel without first applying for the appropriate kennel license.
b. The application for a kennel license shall comply with the provisions of this by-law and shall
be in a form acceptable to the By-Law Enforcement Officer or Animal Control Officer. The
application must be signed by the proposed Kennel Owner.
c. A license fee as determined from time to time by policy by the Municipality shall be submitted
with each application for a kennel license and each subsequent application to renew a kennel
license. The fee shall cover the whole of the license period, or any portion thereof.
d. A deposit, as determined from time to time by policy by the Municipality, shall be paid when
submitting an application for a new or initial kennel license to cover expenses incurred by
the Municipality in processing the application. Any remaining balance of the deposit will be
returned to the applicant once the application has been processed.
e. When applying for a kennel license, the Clerk will notify all neighbours within 500 feet of the
proposed location, by regular registered mail not less than fourteen days (14) following
receipt of application.
f. When considering an application for a kennel license, the Animal Control Officer or By-Law
Enforcement Officer will consider any objections from those neighbours notified that are
received within 30 days of the date of the registered letter, and may take steps to further
investigate these objections.
g. In considering the grant of a kennel license, the Animal Control Officer or By-Law
Enforcement Officer shall consider that, in addition to any specific requirements in the by-
laws, that:
i. The proposed site is an appropriate location for a kennel.
ii. The kennel will not adversely affect the neighbourhood.
iii. The kennel shall not be operated in a manner which creates a nuisance to anyone
occupying a property in the vicinity.
iv. Adequate and appropriate facilities will be provided to assure public safety.
v. That kennel maintenance and operation conforms to the Code of Practice for Canadian
Kennel Operations as produced by the Canadian Veterinary Medical Association.
vi. That the application conforms to the requirements of the Land Use By-Law.
h. In considering the grant of a kennel license, the Animal Control Officer or By-Law
Enforcement Officer may impose such conditions, safeguards and limitations as may deem
reasonably appropriate to protect the neighbourhood and otherwise serve the purpose of the
by-law. These conditions, safeguards and limitations will form part of the kennel license.
i. In considering the grant of a kennel license, where the application for a kennel license has
been made for a kennel operation that has been in existence for at least 12 months prior to
the date this by-law became effective, the Animal Control Officer or By-Law Enforcement
Officer may allow the kennel operation a 6 month grace period in which to comply with the
DOG BY-LAW # 140 (CONTINUED)
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provisions, safeguards and limitations set out in this By-Law and any kennel license issued
pursuant to it.
The Animal Control Officer or By-Law Enforcement Officer may, at their discretion, extend
this grace period subject to the kennel owner providing and agreeing to a plan of action, and
showing evidence of progress in relation to this plan of action.
j. Where the application for a kennel license is granted:
i. The Clerk will write to all those persons informed in Section 17 (e) by registered mail
to inform them that a kennel license has been granted to the applicant.
ii. Those persons notified above will have fourteen (14) days from the date of receipt of
the letter to register an appeal, in writing against the grant of a kennel license to
Municipal Council.
iii. Should any appeals against the grant of a kennel license be received within the 14 day
period the Animal Control Officer or By-Law Enforcement officer will prepare a report
for Council within 14 days.
iv. After receiving the report Council shall set the date to hear the appeal and then
thereafter Council may:
i. uphold the appeal and refuse the grant of the kennel license, or
ii. uphold the granting of the kennel license with additional conditions,
safeguards and limitations as may deem reasonably appropriate to protect
the neighbourhood and otherwise serve the purpose of the by-law, or
iii. reject the appeal and issue the kennel license.
v. If no appeals are received within the 14 day period, or if any appeals are received and
are subsequently rejected, the Clerk will issue the kennel license to the applicant.
k. Where the application for a kennel license is refused:
i. The Clerk will write to the applicant by mail informing them of their decision.
ii. The applicant will have fourteen (14) days from the date of receipt of the letter to
lodge an appeal, in writing, with Council.
iii. The appeal process will follow that outlined in Section 17 (z) thru Section 17 (cc)
below.
l. A veterinary hospital shall not be considered a kennel unless it contains an area for the
breeding of dogs, or for boarding dogs for other than medical or surgical purposes.
m. Kennel licenses shall include the following information and shall not be transferrable:
i. Name
ii. Location
iii. Maximum number of dogs
iv. Hours when dogs are permitted to be kept outside. Which shall be between the
hours of 7:00am and 11:00pm in respect of the Chester Noise By-law (#135),
DOG BY-LAW # 140 (CONTINUED)
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unless more restrictive hours are deemed appropriate by the By-law
Enforcement Officer pursuant to clause 17(h)
v. Such other information as required from time to time by the Animal Control Officer
or By-Law Enforcement Officer.
n. The kennel owner shall renew the license annually prior to the commencement of each
succeeding license period.
o. A license issued pursuant to this by-law shall be in addition to any other license required for
any dog which may be kept in such a kennel.
p. All buildings, enclosures, runs and any other structures concerned with the operation of the
kennel shall be kept in good repair at all times.
q. Kennels shall be kept clean and all waste and excrement shall be disposed of in a manner that
does not create a nuisance, in a manner acceptable to the Department of Environment and in
a manner that conforms to the Municipality of the District Of Chester Waste Collection and
Disposal By-Law #131.
r. Kennels shall be at all times under the direct control of a responsible person.
s. The Animal Control Officer or By-Law Enforcement Officer may enter in or upon land where
a kennel is located, and enter the kennel buildings, pounds and enclosures to perform an
inspection of the kennel so long as entry is made in accordance with the regulations laid down
in Part XXI Section 503 of the Municipal Government Act.
t. Inspections may be carried out;
i. On a random basis.
ii. As part of a regular series of inspections.
iii. In response to complaints.
u. If, after inspecting a kennel, the Animal Control Officer or By-Law Enforcement Officer
believes it is not being maintained in a sanitary and/or humane manner, or is in breach of the
conditions outlined on the kennel license and this or any other by-law, may;
i. Issue a formal warning to the kennel owner; or
ii. Issue an order to the kennel owner instructing them to take reasonable and
appropriate steps to rectify the unsanitary and/or inhumane conditions, or other
issues or breaches identified in the inspection; or
iii. Issue an order revoking the kennel license; and
iv. Report the incident to the SPCA.
DOG BY-LAW # 140 (CONTINUED)
_____________________________________________________________________________________________________________
____________________________________________________________________________________
Notice of Intention to Amend –
1st Reading – Council –
2nd Reading – Council –
Effective Date –
Page 11 of 13
v. Should, after the issue of a formal notice, further inspections reveal the breaches identified in
Section 17 (u) above to be unresolved, or reveal any further breaches, the Animal Control
Officer or By-Law Enforcement Officer may;
i. Issue an order to the kennel owner instructing them to take reasonable and
appropriate steps to rectify the unsanitary and/or inhumane conditions, or other
issues or breaches identified in the inspection; or
ii. Issue an order revoking the kennel license; and
iii. Report the incident to the SPCA.
w. Should, after the issue of an order instructing the kennel owner to rectify any breaches
identified in the inspection, any breaches remain unresolved after the expiry date of such an
order, or any new breaches are discovered, the Animal Control Officer or By-Law
Enforcement Officer may issue the kennel owner an order revoking the kennel license and
will report the breach to the SPCA.
x. Any order that may have been issued revoking a kennel license will become effective fourteen
(14) days after the date of issue unless there is an emergency situation, as determined by the
Animal Control Officer or By-Law Enforcement Officer, at which time the revoking of the
license will be immediate. In such emergency situations the Animal Control Officer or By-
Law Enforcement will arrange interim care for the affected animals.
y. A kennel owner may, within fourteen (14) days of the date of issue of an order revoking a
kennel license, lodge an appeal with Council, in writing, against the order.
z. Where a kennel owner has lodged an appeal within fourteen (14) days of the date of issue of
an order to revoke a kennel license, the order will be suspended until such time as the appeal
has been heard and a decision has been made unless there is an emergency situation, as
determined by the Animal Control Officer or By-Law Enforcement Officer in which case the
license will remain revoked.
aa. The Municipal Council will, within fourteen (14) days of receipt of a letter of appeal against
an order revoking a kennel license, schedule a meeting to discuss the matter. The Municipal
Council will inform the kennel owner, and the list of persons originally notified of the kennel
application (see Section 17 (e)) of the date of this meeting and the kennel owner and those
persons notified will be permitted to attend to defend against the revocation order.
bb. Upon hearing any appeal the Municipal Council may, at its discretion;
i. Uphold the decision of the Animal Control Officer or By-Law Enforcement Officer;
or
ii. Restore the license upon such terms and conditions as determined by Council; or
iii. Uphold the appeal and reinstate the kennel license.
cc. In any case, after hearing an appeal, the Municipal Council will write to the owner of the
kennel, by registered mail, informing them of their decision.
DOG BY-LAW # 140 (CONTINUED)
_____________________________________________________________________________________________________________
____________________________________________________________________________________
Notice of Intention to Amend –
1st Reading – Council –
2nd Reading – Council –
Effective Date –
Page 12 of 13
dd. The penalty for maintaining a kennel after the license has been suspended or revoked shall
be as in accordance with that indicated in Section 19 (a) of this by-law.
OFFENCES & PENALTIES
18. The owner of a dog:
a. which runs at large contrary to this By-Law; or
b. in respect of which the license fee imposed by this By-Law is not paid; or
c. which is fierce or dangerous; or
d. which, without provocation;
i. has attacked or injured any person or property; or
ii. has caused any harm or loss to the body or personal property of any person; or
e. which is rabid or appears to be rabid or exhibiting symptoms of canine madness; or
f. that is persistently disturbing the quiet of the neighbourhood by barking, howling or
otherwise;
is guilty of an offence against this By-law whether or not such dog is chained, muzzled or
otherwise restrained and is subject on conviction to the penalty prescribed by in Section 20.
19. In respect of kennels;
a. Any person who owns, maintains or operates a kennel contrary to this by-law or is in violation
of any of the conditions stipulated upon a license issued pursuant to this by-law is guilty of
an offence and shall be liable on conviction for a first offence to a penalty not exceeding Five
Thousand dollars ($5,000.00) and in default of payment to imprisonment for a term not
exceeding thirty (30) days.
b. Any person who owns, maintains or operates a kennel contrary to this by-law or is in violation
of any of the conditions stipulated upon a license issued pursuant to this by-law is guilty of
an offence and shall be liable on conviction for all subsequent offences to a penalty not
exceeding Ten Thousand dollars ($10,000.00) and in default of payment to imprisonment for
a term not exceeding thirty (90) days.
20. Any person who fails to comply with any provisions of this By-Law or any license issued
pursuant there to and for which no penalty is expressly provided shall be liable on conviction to
a penalty not exceeding Five Hundred dollars ($500.00) and in default of payment to
imprisonment for a term not exceeding thirty (30) days.
21. Where a person is guilty of an offence contrary to the provisions of this by-law or any license
issued pursuant to this by-law, and that offence continues beyond 12:00 midnight on the day it
was committed, each subsequent day the offence continues shall be deemed to be a separate
offence.
DOG BY-LAW # 140 (CONTINUED)
_____________________________________________________________________________________________________________
____________________________________________________________________________________
Notice of Intention to Amend –
1st Reading – Council –
2nd Reading – Council –
Effective Date –
Page 13 of 13
22. If it appears that the procedure was conducted in accordance with the principles of this by-law,
that the irregularity, failure, non-compliance or mistake did not affect the result of the decision.
23. This By-Law shall become effective on the date of publication.
January 27, 2017
Chester Municipal Council;
Last week’s presentation to Council by Don Munroe on behalf of his “Our Health Centre
Association” was certainly a precursor of future visits to pressure Council to waste more
taxpayer’s money on his office rental complex.
At that meeting, when questioned by a Councilor why his Association had to take out a
$1.5 million mortgage,I understand that his reply was a vague mention of HST rebates, etc.
and that he did not know too much about it; their accountant had all the details.
Mr. Munroe has been the president of his “Our Health Centre Association” for at least 2 years
and he certainly must know the financial details of his operation and why this mortgage
had to be taken, since he signed the high interest mortgage with the Royal Bank.
If he insists that he is ignorant of any of the financial details concerning his group’s office rental
scheme, he certainly should not be trusted with additional taxpayer’s money and should resign
as president of this taxpayer funded association in favor of someone who understand thegroup’s financial obligations.
OHC’s included newsletter professes that their project came in “under budget”at
$4,150,000;that their capital campaign has raised $4.3 million.
They also took out a $1.5 million mortgage.
--This should leave the OHC Association with a surplus of $1.65 million after theproject’s cost of $4,150,000.
They should be rolling in money; there is no reason for this Municipality’s taxpayers to
give this group any more financial support.
I would like Council to answer the following question:
“Is Council in any way considering granting any more financial help to the “Our Health
Centre Association”, and if so, explain”.
Taxpayers should not be blindsided a second time by this OHC financial boondoggle.
NOTE:
1.Included is a copy of OHC’s latest financial newsletter,
2.a copy of OHC’s high interest $1.5 million mortgage and
3.a list of OHC’s failed promises.
Gerard Gagnon
3146 Hwy 3, RR 1,
Chester N.S. B0J 1J0
902-275-3691
ggagnon@eastlink.ca
•••••• OUR
··-· HEALTH •••••• CENTRE
Healthier People - Healthier Communities
OHC Admin Office 902.275. 3847 NSHA Receptionist 902 275 4414
Box 74, Chester, NS BOJ !JO 3769 Highway # 3
Chuitablc Registration• 82686 9703 RRO<X>I
Press Release Jan 20, 2017 January 25. 2017
The OHC Association is pleased to announce that construction and provisioning of the centre has
been completed under budget by approximately $350.000. making the final cost of the centre
approximately $4.15M.
To date. the OHC capital campaign has raised $4.3M towards its target of $4.::iM.
"Hard work dedication and attention to details have led to the raising of funds for this project
and to the wise expenditure of those funds. The biggest reward for all of that is certainly seeing
people walk through the doors of the centre and the many positive comments the centre has
received, but being able to share this good news is a tremendous reward for the members of the
association and the OHC donors and supporters.• said Don Munroe. chair of the OHC board.
Completing the building under budget is thanks to the professionalism and skill of Avondale. the
general contractor. and the many trades and subcontractors involved in the project combined
with the oversight and diligence of the OHC building committee and the project managers. costello Fitt.
The OHC board on behalf of the associations' members wishes to thank the many individual
community members. families. local businesses. and governments who have recognized the
benefit of this project to the municipality and have given so generously.
As the OHC project and campaign got underway. the vision was of a centre to promote health and
wellness in this municipality that was funded by the community. built by the community and for
the community. This goal has been achieved
More than 50 percent of the project's funding has come from individual donors throughout the
municipality. approximately 29 percent has come from corporate donors. while less than 18
percent has come from governments.
The OHC Foundation will continue to raise funds to assist with the centre's operations and
programming.
Media contact:
Lorraine Burch
OHC General Manager
902·275-3847
lburch@ourhealthcentre.ca
OHC Construction
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DMW/jch L"IS.073
BETWEEN:
[Collateral Mortgage - Newfoundland, Nova Scotia, and Prince Edward Island]
;;'l 3 1-tL day of §'eptemh.:r , 2__Q_J_§_.
OTJR HEALTH CENTRS ASSOCIATION, a Society incorporated
under the Societies Act of Nova Scotia
This Collateral Mortgage made this
OF THE FIRST PART
AND
Royal Bank of Canada
OF THE SECOND PART
AND
OF THE THIRD PART
1 .0 DEFINITIONS
In this Collateral Mortgage, unless the context otherwise requires:
(a) "Condominium Corporation" means the condominium corporation of which the Mortgagor
is a member by virtue of ownership of the Mortgaged Premises;
{bl "Condominium Unit(s)" means the condominium unit(s) and common interests appurtenant
thereto described in Schedule "A" annexed hereto;
(cJ "Customer" means _O_
u
r __ H_e_a_l_t_h_C_e_n_t_r_e_A_s_s_o_c_1_
·
a_
t
_
:
i
o_n _
who is a customer of the Mortgagee. If more than one person is named as a Customer,
the term "Customer" means all and any one or more of them and the liabilities of the
Customer (as hereinafter defined) means the liabilities of all or any one or more of them to
the Mortgagee;
(d) "Guarantor" means the party or parties of the third part who has executed this Mortgage
to guarantee the obligations of the Mortgagor pursuant to the provisions of Section 1 6 of
this Mortgage;
(e) "Indebtedness" means all obligations, debts and liabilities, present or future. direct or
indirect, absolute or contingent, matured or not, extended or renewed, at any time owing
by the Customer to the Mortgagee or remaining unpaid by the Customer to the Mortgagee
heretofore or hereafter incurred or arising and whether incurred by or arising from
agreement or dealings between the Mortgagee and the Customer or from any agreementor
dealings with any third party by which the Mortgagee may be or become in any manner
whatsoever a creditor of the Customer or however otherwise incurred or arising anywhere
within or outside Canada and whether the Customer be bound alone or with another or
others, and whether as principal or surety, and any ultimate unpaid balance thereof and
whether the same is from time to time reduced and thereafter increased or entirely
extinguished and thereafter incurred again, but it being agreed that this Mortgage at any
one time will secure only that portion of the obligations, debts and liabilities outstanding at
such time which does not exceed the sum of One Mil 1 ion Five
HundI"ed - -- ------- -·-------------------- Dollars($ 1 sqg OOQ.09, *) (the "Principal Sum"). together with interest
from the date'of er'rian at t e Interest Rate set out below;
(fl "Interest Rate" means:
(Use one of the two below and delete the other)
er centum ( %) per annum,
calculated and payable monthly as well after as rit , default and
judgment, with interest on overdue interest at the same rate as on t e a�
Sum;
(b) Prime Rate
Interest at a rate equal to the Mortgagee's Prime Interest Rate per annum in effect
from time to time plus Five per centum C•. 000 % ) per annum
calculated and payable monthly as well after as before maturity, defaut and
judgment, with interest on overdue interest at the same rate as on the Principal
Sum. For the purpose hereof, the Prime Interest Rate is the annual rate of interest
announced from time to time by the Mortgagee as a reference rate then in effect
Page 2 of_
for determining interest rates on Canadian dollar commercial loans in Canada. In
the event that it may be necessary at any time for the Mortgagee to prove the
Mortgagee's Prime Interest Rate applicable at any time, or times, it is agreed that
the certificate in writing of the Mortgagee setting forth the Mortgagee's Prime
Interest Rate as at any time, or times, shall be conclusive evidence as to the
Mortgagee's Prime Interest Rate as in the certificate set forth;
(g) "Loan" means any loan, facility or arrangement creating the Indebtedness;
(h) "Loan Document" means any agreement or instrument evidencing the Indebtedness;
(i) "Mortgagee" means
(j) "Mortgaged Premises" means the lands described in Schedule "A" annexed hereto,
together with all easements, rights of way, tenements, hereditaments, rights, privileges
and appurtenances now or hereafter belonging or appertaining to these lands, and together
with, if applicable, all buildings, erections, structures and appurtenances, fixed or
otherwise, now or hereafter put on these lands and includes a Condominium Unit(s), if
applicable;
(k) "Mortgagor" means the party or parties of the first part.
2.0 RECITALS
2.1 The Mortgagee has requested from the Mortgagor security for the due payment of the
Indebtedness.
2.2 The Mortgagor has agreed to execute this Mortgage for the purpose of securing to the
Mortgagee payment of the Indebtedness.
3.0 CHARGE
3. 1 In consideration of the sum of $1.00, the Mortgagor assigns, conveys and mortgages, as
beneficial owner by way of a first fixed and specific charge to the Mortgagee the Mortgaged
Premises TO HOLD the Mortgaged Premises unto the Mortgagee:
(a) as to leasehold lands, for all the residue yet to come and unexpired of the term
granted by the lease of the same except the last day thereof which is excepted
out of the Mortgaged Premises but in respect of which the Mortgagor shall stand
possessed in trust for the Mortgagee for the purpose of this Mortgage; and
(b) as to freehold lands, forever;
as security for payment of the Indebtedness.
3.2 Provided that this Mortgage shall be void upon the Mortgagor paying upon demand to the
Mortgagee the Principal Sum and all other amounts payable by the Mortgagor hereunder and
upon the due performance of all covenants and conditions herein contained and on the part of
the Mortgagor to be observed and performed, but shall otherwise remain in full force and
effect.
4.0 COVENANTS
4.1 The Mortgagor covenants with the Mortgagee that:
(a) The Mortgagor will pay upon demand that portion of the Principal Sum then
outstanding, together with interest thereon from the date of demand at the
Interest Rate, and on default the Mortgagee may enter and have quiet enjoyment
of the Mortgaged Premises.
(b) (i) The Mortgagor will pay all taxes, rates and assessments and show receipts
on demand, or at the option of the Mortgagee, pay to the Mortgagee
one-twelfth of the yearly taxes as estimated by the Mortgagee on the first
day of each and every month during the term or continuance of this Mortgage
and the Mortgagee shall apply such payments on account of the taxes so
long as the Mortgagor shall not default under any covenant or agreement
contained in this Mortgage, but nothing herein contained shall obligate the
Mortgagee to apply such payments on account of the taxes more often than
yearly; or prior to discount or interest dates; provided however that if the
Mortgagor shall pay any sum or sums to the Mortgagee to apply on account
of the taxes and if before the same shall have been so applied there shall be
default by the Mortgagor in respect of any payment of the Indebtedness, the
Mortgagee may at its option apply such sum or sums in or towards payment
of the principal and/or interest in default; and in the event that the taxes
actually levied for any one year together with any interest and penalties
Page 3 of_
thereon exceed the estimated amount, the Mortgagor shall pay to the Mortgagee
on demand the amount required to make up the deficiency; and if the Mortgagor
desires to take advantage of any discounts or avoid any penalty in connection
with the payment of the taxes, the Mortgagor shall pay to the Mortgagee such
additional amounts as are required and shall direct the Mortgagee to make such
payments for that purpose; and the Mortgagor shall transmit to the Mortgagee
forthwith after receiving them, tax bills and other notices affecting the imposition
of taxes upon the Mortgaged Premises.
(ii) The Mortgagee shall allow the Mortgagor interest, at the rate prescribed by
the Mortgagee on the minimum monthly balance outstanding in the mortgage
account from time to time to the credit of the Mortgagor for payment of
taxes, such interest to be credited to the mortgage account not less than
once each year; and the Mortgagor shall be charged interest at the Interest
Rate, on the debit balance, if any, of taxes in the mortgage account
outstanding after payment of taxes by the Mortgagee until such debit balance
is fully repaid.
(c) The Mortgagor has a good freehold/leasehold title in fee simple to the Mortgaged Premises
and the right to convey the Mortgaged Premises as hereby conveyed, that the Mortgaged
Premises are free from encumbrances, and that the Mortgagor will procure such further
assurances as may reasonably be required.
(d) (i) The Mortgagor will forthwith insure and during the term or continuance of this
Mortgage keep insured in favour of the Mortgagee against loss or damage by fire,
lightning, windstorm, hail, explosion, impact, vandalism, malicious acts, civil
disturbance or riot, smoke, falling objects and other risks, hazards and perils
which the Mortgagee might require to the full extent of their replacement cost in
lawful money of Canada, each and every building on the Mortgaged Premises and
which may hereafter be erected thereon, both during erection and thereafter and
all fixtures as hereinafter defined or referred to, and all other risks, hazards and
perils of any nature or kind which the Mortgagee might require depending on the
nature of the Mortgaged Premises or the use thereof, in a company or companies duly authorized to carry on business as such and shall pay all premiums and sums
of money necessary for such purpose as the same shall become due; each policy
of insurance shall provide that loss, if any, shall be payable to the Mortgagee as
its interest may appear, subject to a standard form of mortgage clause or other
mortgage clause approved by the Mortgagee, and the Mortgagor will forthwith
assign, transfer and deliver over unto the Mortgagee the policy or policies of
insurance and receipts thereto appertaining; and if the Mortgagor shall neglect to
keep the said buildings or any of them insured as aforesaid, or to deliver such
policies and receipts or to produce to the Mortgagee at least fifteen days before
the termination of any insurance evidence of renewal thereof, the Mortgagee shall
be entitled but shall not be obliged to insure the said buildings or any of them, and
if the Mortgagee shall pay any premiums or sums of money for insurance for the
buildings on the Mortgaged Premises or any part thereof the amount of such
payment shall be added to the debt secured by this Mortgage and shall bear
interest at the Interest Rate from the time of such payments and shall be payable
at the time appointed for the next ensuing payment of interest on the said debt;
and the Mortgagor shall forthwith on the happening of any loss or damage, furnish
at his own expense all necessary proofs and do all necessary acts to enable the
Mortgagee to obtain payment of the insurance monies and the production of this
Mortgage shall be sufficient authority for the said insurance company to pay any
such loss to the Mortgagee, and the said insurance company is hereby directed
thereupon to pay the same to the Mortgagee; and any insurance monies received
may, at the option of the Mortgagee, be applied in rebuilding, reinstating or
repairing the Mortgaged Premises or be paid to the Mortgagor or any other person
appearing by the registered title to be or to have been the owner of the
Mortgaged Premises or be applied or paid partly in one way and partly in another,
or it may be applied, in the sole discretion of the Mortgagee, in whole or in part, in
payment of this Mortgage debt or any part thereof whether due or not then due.
(ii) If the Mortgaged Premises are comprised of one or more Condominium Units, the
insurance provisions set out in subparagraph (i) above will not apply and the
following will apply to this Mortgage:
The Mortgagor or the Condominium Corporation or both of them will forthwith insure
and during the term or continuance of this Mortgage keep insured in favour of the
Mortgagee against loss or damage by fire, lightning, windstorm, hail, explosion,
impact, vandalism, malicious acts, civil disturbance or riot, smoke, falling objects and
other risks, hazards and perils which the Mortgagee might require to the full extent of
their replacement cost in lawful money of Canada, the Condominium Unit(s), both
during erection and thereafter and all fixtures as herein defined or referred to and all
other risks, hazards and perils of any nature or kind which the Mortgagee might
require depending on the nature of the Condominium Unit(s) or the use thereof, in a
company or companies approved by the Mortgagee; and the Mortgagor or the
Condominium Corporation, or both of them, will forthwith provide to the Mortgagee
certificates of insurance and such other evidence of insurance as the Mortgagee may
require, and if the Mortgagor or Condominium Corporation, or both of them, shall
Page 4 of_
neglect to keep the Condominium Unit(s) insured as aforesaid, or to deliver such
certificates or evidence of insurance to the Mortgagee at least fifteen days before the
termination of any insurance evidence of renewal thereof, the Mortgagee shall be
entitled but shall not be obligated to insure the Condominium Unit(s); and the
Mortgagor or the Condominium Corporation or both of them shall forthwith on the
happening of any loss or damage comply fully with the terms of the policy, or policies
of insurance and, without limiting the generality of the obligation of the Mortgagor to
observe and perform all the duties and obligations imposed on the Mortgagor by the
Condominium Act and by the Declaration and By-laws of the Condominium
Corporation, shall comply with the insurance provisions of the Declaration; and the
Mortgagor as a member of the Condominium Corporation shall seek the full
compliance by the Condominium Corporation of the aforementioned covenants.
(e) The Mortgagor will keep the Mortgaged Premises in good condition and repair
according to the nature and description thereof and if the Mortgaged Premises are not
kept in good condition and repair or any act of waste is committed thereon by the
Mortgagor or any person, whether or not the Mortgagor has control over the acts of
that person, or if the Mortgagor defaults the Mortgagee may enter and complete,
repair or manage the Mortgaged Premises and recover all reasonable costs with
interest at the Interest Rate as part of this Mortgage.
(f) The Mortgagor will not make or permit to be made any demolition, alterations or
additions to the Mortgaged Premises without the consent of the Mortgagee, and will
not use the Mortgaged Premises or permit them to be used without the consent of the
Mortgagee for a purpose other than disclosed to the Mortgagee in the application for
this Mortgage.
(g) The Mortgagee or agent of the Mortgagee may, at any time, enter upon the
Mortgaged Premises to inspect the Mortgaged Premises, and the reasonable costs of
such inspection shall be added to the Indebtedness secured by this Mortgage.
(h) The Mortgagor will at all times promptly observe, perform, execute and comply with
all applicable laws, rules, requirements, orders, directions, by-laws, ordinances, work
orders and regulations of every governmental authority and agency whether federal,
provincial, municipal or otherwise, including without limiting the generality of the
foregoing, those dealing with zoning, use, occupancy, subdivision, parking, historical
designations, fire, access, loading facilities, landscaped area, pollution of the
environment, toxic materials or other environmental hazards, building construction,
public health and safety, and all private covenants and restrictions affecting the
Mortgaged Premises or any portion thereof and the Mortgagor will from time to time,
upon request of the Mortgagee, provide to the Mortgagee evidence of such
observance and compliance, and will at the Mortgagor's own expense make any and
all improvements thereon or alterations to the Mortgaged Premises, structural or
otherwise, and will take all such other action as may be required at any time by any
such present or future law, rule, requirement, order, direction, by-law, ordinance, work
order or regulation.
(i) In the event of default being made under any of the terms of this Mortgage, the
Mortgagee shall be entitled to send an inspector or agent to inspect and report upon
the value, state, and condition of the Mortgaged Premises and a solicitor to examine
and report upon the title to the Mortgaged Premises at the Mortgagor's expense, and
all expenses incurred in so doing, together with all costs and charges (including
solicitor and client costs) which the Mortgagee may incur or pay in collecting or
attempting to collect the Principal Sum and any other monies secured hereunder, or in
enforcing or attempting to enforce any of the remedies and powers herein contained
for the recovery of the Principal Sum and any other monies secured hereunder,
whether the proceedings taken prove abortive or not, and in recovering or attempting
to procure possession of and keeping possession of the Mortgaged Premises or any
part thereof, shall form and be a charge upon the Mortgaged Premises, and shall be
payable forthwith to the Mortgagee by the Mortgagor, and shall bear interest at the
Interest Rate computed from the time of payment.
(j) In the event of the Mortgagor selling, conveying, transferring, or entering into any
agreement of sale or transfer of the title of the Mortgaged Premises to a purchaser,
grantee or transferee not approved by the Mortgagee, then at the option of the
Mortgagee, the Principal Sum and any other monies secured hereunder shall forthwith
become due and payable.
(k) The Mortgagor will not, without the prior written consent of the Mortgagee, give any
further mortgage or charge of the Mortgaged Premises while this Mortgage is still
outstanding and undischarged and if the Mortgagor should mortgage or charge the
Mortgaged Premises in contravention of this paragraph then, at the option of the
Mortgagee, the Principal Sum and any other monies secured hereunder shall forthwith
become due and payable.
(I) Any sum owing or required by this Mortgage to be paid by the Mortgagor to the
Mortgagee shall be added to the Principal Sum and shall form a charge on the
Mortgaged Premises and shall bear interest at the Interest Rate until paid.
Page 5 of_
5 .0 APPLICATION OF PAYMENTS
5.1 PROVIDED that, in the case of any default by the Mortgagor, the Mortgagee may then apply
any payments received during the period of default in whatever order it may elect as between
principal, taxes, interest, repairs, insurance premiums or other advances made on behalf of the
Mortgagor.
6.0 ACTS OF DEFAULT
6. 1 PROVIDED that in default of the payment of the Principal Sum and any other monies secured
hereunder, or on breach of any covenant or proviso herein contained, or if waste be committed
by the Mortgagor or any other person, whether or not the Mortgagor has control over the acts
of that person, or if the Mortgagor should make an assignment for the benefit of creditors, or a
proposal under the Bankruptcy and Insolvency Act, or Companies' Creditors Arrangement Act
or have a bankruptcy petition presented against the Mortgagor, or if the Mortgagor should
allow a creditor to enter judgment against the Mortgagor by reason of its financial inability to
pay a debt or debts, the whole of the Principal Sum and any other monies secured hereunder
remaining unpaid shall become payable, but the Mortgagee may waive its right to demand
payment of the Principal Sum and any other monies secured hereunder and shall not be
therefor debarred from subsequently asserting and exercising its right to call in the Principal
Sum and any other monies secured hereunder by reason of such waiver or by reason of any
future def a ult, and the Mortgagor agrees that neither the execution nor registration of this
Mortgage, nor the advancing of any part of the Loan, shall bind the Mortgagee to advance any
further part of the Loan, but the advance of the Loan or any part thereof shall be in the sole discretion of the Mortgagee.
7 .0 PRIOR ENCUMBRANCES
7. 1 PROVIDED that the Mortgagee may pay the amount of any encumbrance, lien or charge now
or hereafter existing or to arise or be claimed upon the Mortgaged Premises, having priority
over this Mortgage, including any arrears of taxes or other rates on the Mortgaged Premises or
any of them, and may pay all costs, charges and expenses which may be incurred in taking,
recovering and keeping possession of the Mortgaged Premises and all solicitors' charges or
commissions for or in respect of the collection of any overdue interest, principal, insurance
premiums or any other monies whatsoever payable by the Mortgagor thereunder, as between
solicitor and client, whether any action or other judicial proceeding to enforce such payment
has been taken or not and the amounts so paid shall be added to the Indebtedness hereby
secured and be a charge on the Mortgaged Premises and shall bear interest at the Interest
Rate, and shall be forthwith payable by the Mortgagor to the Mortgagee and the non-payment
of such amount shall entitle the Mortgagee to exercise the powers exercisable for breach of
covenant hereinbefore contained. In the event of the Mortgagee paying the amount of any
such encumbrance, lien or charge, taxes or rates, either out of the monies advanced on this
security or otherwise, it shall be entitled to all the rights, equities and securities of the person
or persons, company, corporation or government so paid off.
8.0 JUDGMENT
8.1 The taking of a judgment in respect of the Indebtedness or any instrument or instruments now
or hereafter representing or evidencing the Indebtedness, or under any of the covenants herein,
or in any such instrument contained or implied, shall not operate as a merger of the
Indebtedness or such instrument, instruments or covenants, nor affect the Mortgagee's right to
interest at the Interest Rate, nor affect nor prejudice any rights or remedies given to the
Mortgagee by the terms hereof.
9.0 FIXTURES
9.1 All machinery and improvements, fixed or otherwise, and even though not attached to the
Mortgaged Premises otherwise than by their own weight, are and shall, in addition to other
fixtures thereon, be and become fixtures and an accession to the freehold and a part of the
Mortgaged Premises as between the parties hereto, their heirs, executors, administrators,
successors, legal representatives and assigns and all persons claiming by, through or under
them and shall be security for the Indebtedness.
10.0 AGREEMENT BETWEEN THE MORTGAGOR AND MORTGAGEE
10. 1 IT IS AGREED BY AND BETWEEN THE MORTGAGOR AND MORTGAGEE as follows:
(a) That no part of the Indebtedness existing at the date of this Mortgage, or incurred or
arising thereafter, shall be deemed to be unsecured by this Mortgage.
(b) That this Mortgage is and shall be a continuing collateral security to the Mortgagee for the
amount of the Indebtedness as herein provided and shall be . deemed to be taken as
security for the ultimate balance of the Indebtedness and this Mortgage shall not, nor shall
anything herein contained operate so as to create any merger or discharge of any debt
Page 6 of_
owing to the Mortgagee or any lien, bond, promissory note or bill of exchange or other
security held by or which may hereinafter be held by the Mortgagee from the Mortgagor or
from the Customer or from any other person or persons and this Mortgage shall not in any
way prejudicially affect such security held or which may hereafter be held by the
Mortgagee for the liabilities or any part thereof, or the liability of any endorser or any other
person or persons upon any such lien, bond, bill of exchange, promissory note or other
security or contract or any renewal or renewals thereof held by the Mortgagee for or on
account of the said liabilities or any part or parts thereof, nor shall the remedies of the
Mortgagee in respect thereof be prejudiced or delayed in any manner whatsoever by the
taking of this Mortgage.
(c) That any and all payments made in respect of the Indebtedness and interest and the
monies or other proceeds received from the sale of any securities held therefor, including
this Mortgage, may be applied and reapplied notwithstanding any previous application on
such part or parts of the Indebtedness as the Mortgagee may see fit or may be held
unappropriated in a separate collateral account for such time as the Mortgagee may see
fit.
(d) That the Mortgagee may grant time, renewals, extensions, indulgences, releases and
discharges to, may take securities and guarantees from and give the same and any and all
existing securities and guarantees up to, may abstain from taking securities or guarantees
from or perfecting securities or guarantees of, may accept compositions from and may
otherwise deal with the Mortgagor, the Customer, the Guarantor and all other persons,
securities and guarantees as the Mortgagee may see fit without prejudicing the rights of
the Mortgagee under this Mortgage.
11 .0 CHANGE OF CORPORATE CONTROL
11 . 1 Where the Mortgagor is a corporation, the Mortgagor covenants and agrees in the event that:
(a) the Mortgagor fails to supply to the Mortgagee, in a form satisfactory to the Mortgagee,
such information relating to the ownership of its shares as the Mortgagee may from time
to time require, or
(b) without the written consent of the Mortgagee first had and obtained,
(i) the Mortgagor issues or redeems any of its shares or transfers any of its shares;
(ii) there is a sale or sales of shares of the Mortgagor which results in the transfer of the
legal or beneficial interest of a majority of the shares of the Mortgagor; or
(iii) there is a change in the effective control of the majority of the voting shares of the
Mortgagor.
The Principal Sum secured by this Mortgage together with all interest and other monies owing
hereunder shall forthwith become due and payable at the option of the Mortgagee and the
Mortgagee's powers of sale hereby given and all other remedies for enforcement shall be exercisable.
12.0 RECEIVERSHIP
12.1 Notwithstanding anything herein contained, it is declared and agreed that if at any time when
there shall be default under the provisions of this Mortgage, the Mortgagee may, at such time
and from time to time, and with or without entry into possession of the Mortgaged Premises,
or any part thereof, by instrument in writing appoint any person, whether an officer or officers
or an employee or employees of the Mortgagee or not, to be a receiver (which term, as used
herein, includes a receiver manager) of the Mortgaged Premises, or any part thereof, and of the
rents and profits thereof, and with or without security, and may from time to time by similar
writing remove any receiver and appoint another receiver, and that, in making any such
appointment or removal, the Mortgagee shall be deemed to be acting as the agent or attorney
for the Mortgagor, but no such appointment shall be revocable by the Mortgagor. Upon the
appointment of any such receiver from time to time, the following provisions shall apply:
(a) Every such receiver shall have unlimited access to the Mortgaged Premises as agent and
attorney for the Mortgagor (which right of access shall not be revocable by the Mortgagor)
and shall have full power and unlimited authority to:
(i) collect the rents and profits from tenancies, whether created before or after this
Mortgage;
(ii) rent any portion of the Mortgaged Premises which may become vacant on such terms
and conditions as the receiver considers advisable and enter into and execute leases,
accept surrenders and terminate leases;
(iii) complete the construction of any building or buildings or other erections or
improvements on the Mortgaged Premises left by the Mortgagor in an unfinished state
Page 7 of_
or award the same to others to complete and purchase, repair and maintain any
personal property including, without limitation, appliances and equipment, necessary
or desirable to render the premises operable or rentable, and take possession of and
use or permit others to use all or any part of the Mortgagor's materials, supplies,
plans, tools, equipment (including appliances) and property of every kind and
description; and
(v) manage, operate, repair, alter or extend the Mortgaged Premises or any part
thereof.
The Mortgagor undertakes to ratify and confirm whatever any such receiver may do in the
Mortgaged Premises.
(b) The Mortgagee may, at its discretion, vest the receiver with all or any of the rights and powers
of the Mortgagee.
(c) The Mortgagee may fix the reasonable remuneration of the receiver who shall be entitled to
deduct the same out of the revenue or the sale proceeds of the Mortgaged Premises.
(d) Every such receiver shall be deemed to be the agent or attorney of the Mortgagor and, in no
event, the agent of the Mortgagee and the Mortgagee shall not be responsible for his acts or
omissions.
(e) The appointment of any such receiver by the Mortgagee shall not result in or create any
liability or obligation on the part of the Mortgagee to the receiver or to the Mortgagor or to any
other person and no appointment or removal of a receiver and no actions of a receiver shall
constitute the Mortgagee a mortgagee in possession of the Mortgaged Premises.
(f) No such receiver shall be liable to the Mortgagor to account for monies other than monies
actually received by the receiver in respect of the Mortgaged Premises, or any part thereof,
and out of such monies so received every such receiver shall, in the following order, pay:
(i) the receiver's remuneration aforesaid;
(ii) all costs and expenses of every nature and kind incurred by the receiver in connection
with the exercise of the receiver's power and authority hereby conferred;
(iii) interest, principal and other money which may, from time to time, be or become
charged upon the Mortgaged Premises in priority to this Mortgage, including taxes;
(iv) to the Mortgagee all interest, principal and other monies due hereunder to be paid in
such order as the Mortgagee, in its discretion, shall determine, and
thereafter, every such receiver shall be accountable to the Mortgagor for any surplus.
The remuneration and expenses of the receiver shall be paid by the Mortgagor on demand and
shall be a charge on the Mortgaged Premises and shall bear interest from the date of demand
at the Interest Rate.
(g) Save as to claims for accounting under clause (f) of this paragraph, the Mortgagor hereby
releases and discharges any such receiver from every claim of every nature, whether sounding
in damages or not, which may arise or be caused to the Mortgagor or any person claiming
through or under the Mortgagor by reason or as a result of anything done by such receiver
unless such claim be the direct and proximate result of dishonesty or fraud.
(h) The Mortgagee may, at any time and from time to time, terminate any such receivership by
notice in writing to the Mortgagor and to any such receiver.
(i) The statutory declaration of an officer of the Mortgagee as to default under the provisions of
this Mortgage and as to the due appointment of the receiver pursuant to the terms hereof shall
be sufficient proof thereof for the purposes of any person dealing with a receiver who is
ostensibly exercising powers herein provided for and such dealing shall be deemed, as regards
such person, to be valid and effectual.
(j) The rights and powers conferred herein in respect of the receiver are supplemental to and not
in substitution of any other rights and powers which the Mortgagee may have.
13.0 WHERE THE MORTGAGOR IS NOT THE CUSTOMER
13.1 In the event that any one or more of the Mortgagor is not also the Customer, each such
Mortgagor which is not also the Customer (hereinafter in this section 13.1 called "such Mortgagor")
jointly and severally covenants with the Mortgagee as follows:
(a) this Mortgage and the covenants, provisos, obligations and agreements on the part of the
Mortgagor herein contained shall be the continuing obligations and liability of each such
Mortgagor and shall cover all of the liabilities and obligations of the Mortgagor hereunder
and shall apply to and shall secure the ultimate balance of the Principal Sum, together with
Page 8 of_
all interest thereon, and any other monies secured hereunder;
(b) the Mortgagee shall not be bound to exhaust its recourse against the Customer or others or
any securities (which term when used in this section 13.1 includes guarantees) it may at any
time hold before being entitled to payment from each such Mortgagor of the Principal Sum,
together with all interest thereon, and any other monies secured hereunder and each such
Mortgagor renounces to all benefits of discussion and division;
(c) this Mortgage and the liabilities and obligations of each such Mortgagor hereunder shall not be
affected by the death or loss or diminution of capacity of the Customer or of any such
Mortgagor or by any change in the name of the Customer or in the membership of the
Customer's firm through the death or retirement of one or more partners or the introduction of
one or more other partners or otherwise, or by the acquisition of the Customer's business by a
corporation, or by any change whatsoever in the objects, capital, structure or constitution of
the Customer, or by the Customer or the Customer's business being amalgamated with a
corporation or corporations, or wound up or its corporate existence terminated but shall
notwithstanding the happening of any such event continue to exist and apply to the full extent
as if such event had not happened;
(d) this Mortgage shall not be considered as wholly or partially satisfied by the payment or
liquidation at any time or times of any sum or sums of money for the time being due or
remaining unpaid to the Mortgagee and all dividends, compositions, proceeds of security
valued and payments received by the Mortgagee from the Customer or from others or from
estates shall be regarded for all purposes as payments in gross without any right on the part of
any Mortgagor to claim in reduction of his liability under this Mortgage, the benefit of any such
dividends, compositions, proceeds or payments or any securities held by the Mortgagee or
proceeds thereof, and none of such Mortgagors shall have the right to be subrogated in any
rights of the Mortgagee until the Mortgagee shall have received payment in full of all
Indebtedness;
(e) all of the Principal Sum and any other monies secured hereunder or intended to be secured
hereby' shall be deemed to form part of the obligations, debts and liabilities of each such
Mortgagor notwithstanding any lack or limitation of status or of power, incapacity or disability
of the Customer or of the directors, partners or agents thereof, or that the Customer may not
be a legal or suable entity, and notwithstanding any irregularity, defect or informality in the
borrowing or obtaining of such monies, advances, renewals or creditors, or in the taking or
registering of this Mortgage or any other securities, the whole whether known to the
Mortgagee or not; and all the Principal Sum and any other monies secured hereunder shall be
recoverable from each such Mortgagor as sole or principal debtor in respect thereof and shall
be paid to the Mortgagee on demand with interest and accessories; and
(f) each such Mortgagor shall be bound by any account settled between the Mortgagee and the
Customer, and if no such account has been so settled immediately before demand of payment
hereunder any account stated by the Mortgagee shall be accepted by such Mortgagor and each
of them as conclusive evidence of the amount which at the date of the account so stated is
due by the Customer to the Mortgagee or remains unpaid by the Customer to the Mortgagee.
14.0 BUILDINGS, ADVANCES AND COST OF SEARCH
14. 1 It is the intention of the parties hereto that the building or buildings erected or to be erected on
the Mortgaged Premises form part of the security for the Principal Sum secured by this
Mortgage; and that all advances are to be made in such manner at such times and in such
amounts up to the full amount of the Principal Sum as the Mortgagee in its sole discretion may
determine, and subject always to the provision to which the Mortgagor hereby agrees that
notwithstanding the execution or registration of this Mortgage or the advancement of any part
of the Loan, the Mortgagee is not bound to advance the Loan or any unadvanced portion
thereof and the advance of the Loan and any part thereof from time to time shall be in the sole
discretion of the Mortgagee, but nevertheless, this Mortgage hereby made shall take effect
forthwith upon execution by the Mortgagor and the expenses of the examination of the title
and of this Mortgage and valuation are to be secured hereby in the event of the whole or any
balance of the Loan not being advanced, the same to be charged hereby upon the Mortgaged
Premises and shall be without demand thereof, payable forthwith with interest at the Interest
Rate and in default, the Mortgagee's power of sale hereby given and all other remedies
hereunder shall be exercisable.
1 5.0 EXTENSIONS
15.1 PROVIDED that no extension of time given by the Mortgagee to the Mortgagor, or anyone
claiming under the Mortgagor or any other dealing with the owner of the Mortgaged Premises,
shall in any way affect or prejudice the rights of the Mortgagee against the Mortgagor or any
other person liable for the payment of the monies hereby secured.
Page 9 of_
16.0 GUARANTEE OF MORTGAGE
16.1 IN CONSIDERATION of the Mortgagee making loans, accommodations, advances or other
extensions of credit to the Customer which are the basis for the Indebtedness, each Guarantor
hereby agrees with the Mortgagee as follows:
(a) Each Guarantor hereby:
(i) guarantees the payment by the Mortgagor to the Mortgagee of all of the Principal Sum
and other liabilities of the Mortgagor secured or payable under this Mortgage, present
or future covenant, direct or indirect, absolute or contingent, matured or not,
including, without limitation, principal, interest, taxes, fees and expenses as and when
the same are due and payable under this Mortgage (the "Guaranteed Amounts"); and
(ii) covenants and agrees to perform all other covenants and obligations of the Mortgagor under this Mortgage as and when the same are required to be observed or performed
under this Mortgage (the "Guaranteed Covenants");
in each case without any demand required to be made. The obligations of the Mortgagor to
pay the Guaranteed Amounts and perform and observe the Guaranteed Covenants are
hereinafter collectively referred to as the "Guaranteed Obligations", and this guarantee is
hereinafter referred to as the "Guarantee".
(b) If there is more than one Guarantor, the obligations of the Guarantors hereunder shall be
joint and several; and any reference herein to "the Guarantor" is to each and every such
Guarantor.
(c) If any monies or amounts expressed to be owing or payable under this Guarantee by the
Guarantor are not recoverable from the Guarantor, or any of them, on the footing of a
guarantee for any reason whatever, such monies or amounts may be recovered from the
Guarantor, or any of them, as a primary obliger and principal debtor in respect of such
monies or amounts, regardless of whether such monies or amounts are recoverable from
the Mortgagor or would be payable by the Mortgagor to the Mortgagee. For greater
certainty, but without restricting the generality of the foregoing, if the Mortgagee is
prevented or restricted from exercising its rights or remedies with respect to any of the
Guaranteed Obligations, including, without limitation, the right of acceleration, the right to
be paid interest at the Interest Rate in respect of the Guaranteed Obligations or the right to
enforce or exercise any other right or remedy with respect to the Guaranteed Obligations,
the Guarantor agrees to pay the amount that would otherwise have been due and payable
had the Mortgagee been permitted to exercise such rights and remedies in accordance
with the terms agreed to between the Mortgagor and the Mortgagee; provided, however,
that the foregoing characterization of the liability of the Guarantor as that of a primary
obliger and principal debtor is not intended and shall not be interpreted to confer on the
Guarantor, or any of them, any right, benefit or advantage that the Guarantor would not
otherwise have in the absence of such characterization.
(d) Without giving notice to or obtaining the consent or concurrence of any Guarantor, the
Mortgagee may:
(i) grant any time, indulgences, waivers or extensions of time for payment of any of the
Guaranteed Obligations;
(ii) grant any renewals or extensions of this Mortgage, with or without a change in the
Interest Rate or in any other terms or conditions of this Mortgage, and whether by
express agreement signed by the Mortgagor or otherwise (including, without
limitation, by way of an automatic renewal or extension);
(iii) change the interest rate provided in this Mortgage, either during the initial term thereof
or in any subsequent extension or renewal term, whether by way of increase,
decrease, change in the reference rate by which such interest rate is calculated or
determined; change from a fixed rate to a variable or floating rate, or from a variable
or floating rate to a fixed rate, or otherwise;
(iv) otherwise amend, supplement, modify, vary or otherwise change any of the terms or
conditions of this Mortgage in any manner whatever;
(v) release or discharge from this Mortgage the whole or any part of the Mortgaged
Premises or any other security for the Indebtedness;
(vi) advance additional principal amounts to the Customer pursuant to any provision of
this Mortgage and/or a Loan Document that permits the Customer to borrow such
additional principal amounts from the Mortgagee;
(vii) permit the Customer to prepay the Indebtedness, in whole or in part, or to skip any
one or more scheduled instalments of payments of principal and interest, or to pay
one or more such scheduled instalment on a scheduled payment date under a Loan
Document that permits such prepayment, skipping or multiple payments or otherwise;
Page 10 of_
(viii) accept compositions, compromises or proposals from the Customer or otherwise deal
with the Customer or any other person (including, without limitation, the Guarantor or
any other guarantor of the Guaranteed Obligations), any security (including, without
limitation, this Mortgage) or the Mortgaged Premises or any security as the Mortgagee
sees fit, including, without limitation, realizing on, releasing, accepting substitutions
for or replacing any of the security for the Indebtedness;
(ix) release or discharge any Guarantor, or one or more other co-covenantors or guarantors
or Mortgagors in respect of this Mortgage, whether under this Guarantee or otherwise;
or
(x) release any subsequent legal or beneficial owner of the Mortgaged Premises from any
liability for the Guaranteed Obligations, or any of them, or refrain from requiring any
such owner to assume any such liability;
and none of the foregoing actions shall in any way lessen, limit or otherwise affect the
obligations or liability of any Guarantor under the Guarantee, regardless of whether any such
action has the effect of amending or varying this Mortgage or increasing, expanding or
otherwise altering the nature, effect, term, extent or scope of the Guaranteed Obligations. The
Guaranteed Obligations and the liability of each Guarantor hereunder shall extend to and
include the obligations of the Mortgagor under this Mortgage as so amended, renewed,
extended or varied and the Guaranteed Obligations as so increased, expanded or altered
without further action on the part of the Mortgagee or the consent or concurrence of any
Guarantor; and for greater certainty and without limiting the foregoing, if the interest rate
provided in this Mortgage is increased or otherwise altered, the Guaranteed Obligations and the
liability of each Guarantor hereunder shall be extended to and include the obligation of the
Mortgagor to pay interest at such increased or altered rate.
(e) The obligations of the Guarantor hereunder shall be unaffected by:
(i) any lack or limitation of status or power, disability, incapacity, death, dissolution or
other circumstances relating to the Mortgagor, the Customer or any Guarantor or any
other party;
(ii) any irregularity, defect, unenforceability or invalidity in respect of the Indebtedness or
this Mortgage or any indebtedness, liability or other obligation of the Mortgagor or any
other party;
(iii) any release or discharge of the Guaranteed Obligations except by reason of their
irrevocable payment and satisfaction in full;
(iv) any judgment obtained against the Mortgagor, or the taking, enforcing, exercising or
realizing on, or refusing or neglecting to take, enforce, exercise or realize on, or
negligence in taking, enforcing, exercising or realizing on, any security (including
without limitation any money on deposit and any guarantee) or any right or remedy,
from or against the Mortgagor or any other party or their respective assets or releasing
or discharging, or failing, refusing or neglecting to maintain, protect, renew or perfect,
any security (including without limitation any money on deposit or any guarantee) or
any right or remedy;
(v) any change in the name, control, objects, business, assets, capital structure or
constitution of the Mortgagor, the Customer or any Guarantor, or any merger or
amalgamation of the Mortgagor, the Customer or any Guarantor under the laws of a
jurisdiction other than the jurisdiction under which the Mortgagor, the Customer or
Guarantor was originally formed, or any change in the membership of the Mortgagor,
the Customer or any Guarantor, if a partnership, through the death, retirement or
introduction of one or more partners, or otherwise; and each reference to the
"Mortgagor", the "Customer", or the "Guarantor" in this Mortgage will be deemed to
include each corporation and each partnership resulting from any of the foregoing;
(vi) any law, regulation or decree now or hereafter in effect which might in any manner
affect any of the terms or provisions of this Mortgage or the Guarantee, or the
Mortgagor, the Customer or any Guarantor;
(vii) any failure on the part of the Mortgagee to perfect, maintain or enforce its rights
whether due to its default, negligence or otherwise on the part of the Mortgagee with
respect to this Mortgage, or any other security granted to the Mortgagee relating to
this Mortgage or the Indebtedness; and
(viii)any other circumstances whatsoever (with or without notice to or the knowledge of
the Guarantor) which may or might in any manner or to any extent vary the risk of the
Guarantor hereunder, or might otherwise constitute a legal or equitable discharge of a
surety or guarantor;
It being the purpose and intent of each Guarantor that the liabilities and obligations of each
Guarantor under this Mortgage shall be absolute and unconditional under any and all
circumstances.
Page 11 of_
(f) Unless and until all the Guaranteed Obligations have been irrevocably paid and satisfied in full,
the Guarantor shall not be subrogated to any of the rights or claims of the Mortgagee in
respect of any of the Guaranteed Obligations, or under any security agreement or guarantee or
other instrument which may at any time be held by or on behalf of the Mortgagee, and the
Guarantor shall not seek any reimbursement from the Mortgagor.
(g) The obligations of the Guarantor under this Guarantee shall continue to be effective or shall be
reinstated, as the case may be, if at any time any payment which would otherwise have
reduced the obligations of the Guarantor or any of them under this Mortgage (whether such
payment shall have been made by or on behalf of the Mortgagor or the Guarantor or any of
them) is rescinded, or is reclaimed from the Mortgagee, upon the insolvency, bankruptcy,
liquidation, dissolution or reorganization of the Mortgagor, the Customer or the Guarantor or
any of them, or for any other reason.
(h) The Mortgagee shall have no obligation to enforce any rights or remedies or security or
guarantees or to take any other steps against the Mortgagor, the Customer or any other party
or any assets of the Mortgagor, the Customer or of any other party before being entitled to
demand payment or performance by any Guarantor of its obligations under this Mortgage. Each
Guarantor hereby waives all benefit of discussion and division.
(i) Any Guarantor may, by notice in writing delivered to the manager of the branch or agency of
the Mortgagee receiving this instrument, terminate the Guarantor's liability under this Mortgage
with effect from and after the date (the "Termination Oaten) that is 30 days following the date
of such notice in respect of Guaranteed Obligations incurred or arising at any time on or after
the Termination Date but not in respect of any Guaranteed Obligations incurred, arising or
existing before the Termination Date, even though not then matured. Notwithstanding the
foregoing, the Mortgagee may fulfil any requirements of the Mortgagor under this Mortgage or
any Indebtedness requested by the Mortgagor prior to the receipt of such notice, and any
liabilities of the Mortgagor resulting from such fulfilment shall be added to the Guaranteed
Obligations and shall be secured by this Mortgage. Termination of the liability of one or more
of the Guarantors shall not affect the liability of any other Guarantor.
(j) Each Guarantor shall indemnify and save harmless the Mortgagee from and against all losses,
damages, costs and expenses which the Mortgagee may sustain, incur or become liable for by
reason of:
(i) the failure, for any reason whatever, of the Mortgagor to pay any amounts expressed
to be payable pursuant to the provisions of this Mortgage, regardless of whether the
Mortgagor's obligation to pay such amounts is valid or enforceable against the
Mortgagor;
(ii) the failure, for any reason whatever, of the Mortgagor to perform any other obligation
under this Mortgage; or
(iii) any act, action or proceeding of or by the Mortgagee for or in connection with the
recovery of such amounts or the performance of such obligations.
(k) The Guarantee shall be operative and binding upon every Guarantor upon execution and
delivery of this Mortgage by such Guarantor, regardless of whether it has been executed by
any other proposed guarantor or guarantors.
17 .0 CONDOMINIUMS
17 .1 If this Mortgage charges one or more Condominium Units, the following provisions shall apply:
(a) The Mortgagor covenants and agrees at all times and from time to time to observe and
perform all duties and obligations imposed on the Mortgagor by the Condominium Act, the
declaration, the by-laws, and the rules, as amended from time to time, of the Condominium
Corporation, by virtue of his ownership of the Condominium Unit(s). Any breach of the said
duties and obligations shall constitute a breach of covenant under this Mortgage.
(b) Without limiting the generality of the foregoing, the Mortgagor covenants and agrees that he
will pay promptly when due any contributions to common expenses required of him as an
owner of the Condominium Unit(s) and in the event of his default in doing so the Mortgagee, at
its option, may pay the same and the amount so paid shall be added to the debt secured by
this Mortgage and shall be a charge on the Condominium Unit(s) and shall bear interest at the
Interest Rate from the time of such payments and shall be payable forthwith by the Mortgagor
to the Mortgagee whether or not any payment in default has priority to this Mortgage or any
part of the monies secured thereby.
(c) The Mortgagor hereby irrevocably authorizes and empowers the Mortgagee to exercise the
right of the Mortgagor as an owner of the Condominium Unit(s) to vote or to consent in all
matters relating to the affairs of the Condominium Corporation provided that:
(i) The Mortgagee may at any time or from time to time give notice in writing to the
Mortgagor and the said Condominium Corporation that the Mortgagee does not intend
to exercise the said right to vote or consent and in that event until the Mortgagee
Page 12 of_
revokes the said notice the Mortgagor may exercise the right to vote. Any such
notice may be for an indeterminate period of time or for a limited period of time or for
a specific meeting or matter.
(ii) The Mortgagee shall not by virtue of the assignment to the Mortgagee of the right to
vote or consent be under any obligation to vote or consent to protect the interests of
the Mortgagor.
(iii) The exercise of the right to vote or consent shall not constitute the Mortgagee a
mortgagee in possession.
18.0 DISTRESS
18. 1 PROVIDED that and it is further stipulated and agreed by and between the parties to this
Mortgage that the Mortgagee, its successors or assigns, may distrain for arrears of interest
against the Mortgaged Premises or any part thereof and recover by way of rent reserved as in
the case of a demise the arrears of interest and all costs and expenses incurred in such levy or
distress and may also distrain for arrears of principal and monthly payment of taxes, if
required, in the same manner as if the same were arrears of interest.
19.0 RIGHTS ON DEFAULT
19.1 The Mortgagor covenants and agrees with the Mortgagee that in the event of default in the
payment of any instalment of principal, interest or taxes hereby secured or any other monies
payable hereunder by the Mortgagor or on breach of any covenant, proviso or agreement herein
contained after all or any part of the monies hereby secured have been advanced, the
Mortgagee may, at such time or times as it may deem necessary and without the concurrence
of any other person, enter upon the Mortgaged Premises and make such arrangements for
completing the construction of, repairing or putting in order any buildings or other
improvements on the Mortgaged Premises, or for inspecting, taking care of, leasing, collecting
the rents of, and managing generally the Mortgaged Premises as it may deem expedient, and
all reasonable costs, charges and expenses including allowances for the time and service of
any employee of the Mortgagee or other person appointed for the above purposes shall be
forthwith payable to the Mortgagee, and shall be a charge upon the Mortgaged Premises and
shall bear interest at the Interest Rate until paid.
19.2 PROVIDED also that in the event of default of payment of the Principal Sum with interest
thereon and any other monies secured hereunder, or in the due performance of any provision in
this Mortgage, the Mortgagee may, where legally permitted or required, enter on or lease or
sell the Mortgaged Premises, but no power of sale shall be exercised until after four weeks'
notice has been given. Any such sale may be a sale of the Mortgaged Premises as a whole or
in separate parcels at public auction, by public tender or by private sale or partly in one manner
and partly in another manner or manners, at such time and on such terms and conditions as
the Mortgagee shall appoint, having first given such notice as it may think proper or as may be
required by law, and upon such reasonable conditions as to upset or reserve, bid or price and
as to terms of payment as it may deem proper. The Mortgagee may adjourn any such sale
from time to time and may execute and deliver to the purchaser or purchasers of the
Mortgaged Premises good and sufficient deed or deeds for the same, the Mortgagee being
hereby constituted the irrevocable attorney of the Mortgagor for the purpose of making such
sale and executing such deeds and any such sale as aforesaid shall be a perpetual bar both at
law and at equity against the Mortgagor and all persons claiming the Mortgaged Premises, by,
from, through or under the Mortgagor; provided that the Mortgagee shall have the right
exercisable and any time and from time to time to purchase all or any part of the Mortgaged
Premises if the same are sold by public auction or by public tender.
20.0 OBLIGATIONS SURVIVE SALE
20.1 PROVIDED further that no sale or other dealing by the Mortgagor with the Mortgaged Premises
or any part thereof shall in any way change the liability of the Mortgagor or in any way alter
the rights of the Mortgagee as against the Mortgagor or any other person liable for payment of
the monies hereby secured.
21.0 NEW HOME WARRANTY PLAN ACT
21.1 If the Mortgagee incurs any cost or expense of any nature or kind, in any way arising from or
relating to a new home warranty act or similar legislation and the regulations thereunder,
including any amendments or replacements, or either of them (the II Act"), including, without
any limitation whatsoever, any cost or expense relating to registration as a vendor under the
Act or enrolling the Mortgaged Premises or entering into any agreement or agreements relating
to performance of warranty obligations or performing any warranty obligations, all such cost
and expense shall be added to the debt hereby secured and be a mortgage on the Mortgaged
Premises in priority to all other encumbrances registered or arising subsequent to this Mortgage
and shall bear interest at the Interest Rate and shall be payable forthwith by the Mortgagor to
the Mortgagee.
Page 13 of_
22.0 PARTIAL RELEASE
22. 1 PROVIDED that the Mortgagee may at all times release any part or parts of the Mortgaged
Premises or other security or any surety or guarantor for payment of all or any part of the
Indebtedness hereby secured, or may release the Mortgagor or any other person from any
covenant or other liability to pay the Indebtedness, either with or without consideration
therefore, and without being accountable for the value thereof or for any monies except those
actually received by the Mortgagee and without thereby releasing any other party to this
Mortgage, or any other securities or covenants herein contained, it being especially agreed that
notwithstanding any such release, the Mortgaged Premises, securities and covenants
remaining unreleased shall stand charged with the whole of the Principal Sum secured by this
Mortgage.
23.0 RELEASE
23.1 The Mortgagee shall have a reasonable time after payment in full of the amounts secured by
this Mortgage within which to prepare, execute and register, if required, a discharge or
assignment of this Mortgage; provided that interest at the Interest Rate shall continue to run
and accrue until actual payment in full has been received by the Mortgagee. All legal and other
expenses for the preparation, execution and registration, as applicable, of such discharge or
assignment and any other administrative fee of the Mortgagee in connection therewith shall be
borne by the Mortgagor.
24.0 LIENS AND CONSTRUCTION
24.1 PROVIDED also that upon the registration of any lien against the Mortgaged Premises, or in the
event of any buildings being erected thereon or allowed to remain unfinished or without any
work being done on them for a period of ten (10) days, the Principal Sum, together with
interest at the Interest Rate, and all other amounts secured by this Mortgage shall, at the
option of the Mortgagee, forthwith become due and payable. In the event any lien is registered
against the Mortgaged Premises, the Mortgagee shall have the right, but not the obligation, to
pay such amounts as may be required to vacate the lien. Any amount so paid by the
Mortgagee, together with all costs, charges and expenses incurred by the Mortgagee in
connection therewith, including all solicitors' charges or commissions, on a solicitor and its
own client basis, shall be added to the Principal Sum secured by this Mortgage and shall bear
interest at the Interest Rate and shall, with such interest, be a charge on the Mortgaged
Premises prior to all claims thereon subsequent to this Mortgage, and shall be forthwith
payable on demand.
25 .0 SEVERABILITY OF ANY INVALID PROVISIONS
25. 1 It is agreed that in the event that at any time any provision of this Mortgage is illegal or invalid
under, or inconsistent with, the provisions of any applicable statute or regulation thereunder or
would, by reason of the provisions of any such statute or regulation, render the Mortgagee
unable to collect the amount of any loss sustained by it as a result of providing the
Indebtedness which it would otherwise be able to collect under such statute, then such
provision shall not apply and shall be construed so as not to apply to the extent that it is so
illegal, invalid or inconsistent or would render the Mortgagee unable to collect the amount of
any such loss.
26.0 NO PREJUDICE FROM FAILURE TO ENFORCE RIGHTS
26. 1 PROVIDED that no failure to enforce at any time or from time to time any of the rights of the
Mortgagee hereunder shall prejudice such rights or any other rights of the Mortgagee; no
performance or payment by the Mortgagee in respect of any breach or default hereunder of the
Mortgagor shall relieve the Mortgagor from any default hereunder; and no waiver at any time
or from time to time of any such rights of the Mortgagee shall prejudice such rights in the
event of any future default or breach.
27 .0 MORTGAGEE'S EXPENSES
27 .1 The Mortgagor agrees to pay the reasonable and necessary costs, charges and expenses of
and incidental to this Mortgage, and to any and all documents required in connection therewith,
and of any amendment or renewal thereof, and of anything done in connection with the
enforcement of the security granted thereby or the procuring of the payment of any monies
payable hereunder including, without limiting the generality of the foregoing, all soilcitora' fees,
costs and expenses of examination of title, and the obtaining of the opinion of counsel for the
Mortgagee thereon and all costs and expenses valuing the Mortgaged Premises in connection
with the foregoing. The Mortgagor further agrees that such amounts shall be paid forthwith
upon demand and until paid shall bear interest at the Interest Rate and shall be a charge on the
Mortgaged Premises.
Page 14 of_
28.0 OTHER SECURITY
28.1 This Mortgage is in addition to, and not in substitution for, any other security held by the
Mortgagee, including any promissory note or notes for all or any part of the monies secured
hereunder, and it is understood and agreed that the Mortgagee may pursue its remedies
thereunder or hereunder concurrently or successively at its option. Any judgment or recovery
hereunder or under any other security held by the Mortgagee for the monies secured by this
Mortgage shall not affect the right of the Mortgagee to realize upon this or any other such
security. Without limiting the generality of the foregoing, this Mortgage is in addition to, and
not in substitution for, any other charges now or hereafter held by the Mortgagee over the
Mortgaged Premises as security for monies advanced hereunder or any other monies due to the
Mortgagee, and it is understood and agreed that the aggregate principal amount secured by
this Mortgage and such other charges shall be the sum of the Principal Sum and all other
monies secured hereunder and the respective principal amounts of such other charges.
29.0 HEADINGS
29.1 The headings of sections herein are inserted for convenience or reference only and shall not
affect the construction or interpretation of this Mortgage.
30.0 INTERPRETATION
30.1 AND it is hereby agreed that where the context requires, words in the singular include the
plural, and words importing the masculine gender include the feminine and neuter genders. All
covenants, liabilities and obligations entered into or imposed hereunder upon the Mortgagor
shall be joint and several, and shall be binding upon the heirs, executors, administrators,
successors and assigns of the Mortgagor, as the case may be.
30.2 This Mortgage is made in pursuance of any applicable enactments respecting short forms of
indentures.
31 .0 RECEIPT OF TRUE COPY
31 .1 The Mortgagor (and the Guarantor, if applicable) acknowledges receipt of a copy of this
Mortgage.
IN WITNESS WHEREOF the Mortgagor (and the Guarantor, if applicable) has properly executed
this Mortgage the day and year first above written.
SIGNED, SEALED AND DELIVERED
in the presence of l * OUR HEALTH CENIRE ASSOCIATION
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Page 15 of_
CANADA
PROVINCE OF NOV A SCOTIA
COUNTY OF LUNENBURG
I· Donald Mun.roP., Chester, in the County of Lunenburg and Province of Nova Scotia, make oath
and say as follows:
1. THAT I am the President of Our Health Centre Association ( the "Society") and have a
personal knowledge of the matters herein deposed to.
2. THAT I am an Officer of the Society, duly authorized to execute the annexed instrument
for and on behalf of the Society and I have executed the annexed instrument for and on
behalf of the Society and thereby bind the Society.
3. THAT the Society has given authorization that this document can be signed without the
corporate seal and it is to have effect as if said seal was embossed over the signature.
4. THAT the Society is not now nor will it be on the date of delivery of the foregoing
indenture, a non-resident of Canada within the meaning of the Income Tax Act (Canada).
5. THAT, for purposes of this Affidavit, "Matrimonial Home" means the dwelling and real
property occupied by a person and that person's spouse as their family residence and in
which either or both of them have a property interest other than a leasehold interest.
6. THAT the lands described in the indenture are not occupied by any member of the
Society as a Matrimonial Home and have never been so occupied while the lands have
been owned by the Society; nor does membership in the Society entitle the owner or
owners thereof to occupy such lands as a Matrimonial Home.
7. THAT I acknowledge that I have signed the Instrument on the date of this, my affidavit.
8. THAT this affidavit is sworn for the purpose of registering the annexed instrument
pursuant o sections 79( I) and 83 of the Land Registration Act.
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DEREK M. WELLS, a.c. A Barrister of the Supreme Court of Nova Scotia
OUR HEALTH CENTRE ASSOCIATION
per: : Donald Munroe
Presjdent
A Barrister of the Supreme Court of
Nova Scotia
SWORN ��\') TO at
Chester, in the County of Lunenburg,
Province of Nova Scotia,
this :l.:3 day of Se/I� , 2016,
before me:
SCHEDULE "A"
PARCEL DESCRIPTION REPORT
2016-09-15 13:49:14
PIO:
CURRENT STATUS:
EFFECTIVE DATEffIME:
60692639
ACTIVE
2015-11-05 09:34:20
Registration County: LUNENBURG COUNTY
Street/Place Name: PIG LOOP ROAD /CHESTER
Title of Plan: SID SHOWING PARCEL X, AND LOT 03-1, AND LOT 03-2, LANDS OF CLEARWATER FINE
FOODS INC, TO BE CONSOLIDATED WITH LOT 4, LANDS OF OUR HEALTH CENTRE ASSOCIATION, TO
CREATE LOT OHC, LOCATED AT 3769, 3773 HIGHWAY 3, IN THE VILLAGE OF CHESTER, P.1.D.S 60630837,
60630845,60094380,&60403458
Designation of Parcel on Plan: LOT OHC
Registration Number of Plan: 107209588
Registration Date of Plan: 2015-06-04 14:08:19
SUBJECT TO a Nova Scotia Power Inc. Power Line Easement shown on a Plan.
*** Municipal Government Act, Part IX Compliance***
Compliance:
The parcel is created by a subdivision (details below) that has been filed under the Registry Act or registered under the
Land Registration Act
Registration District: LUNENBURG COUNTY
Registration Year: 2015
Plan or Document Number: 107209588
External Comments:
Description Change Details:
Reason:
Author of New or
Changed Description:
Name:
Registered Instruments:
Comments:
Page 1
What did the Municipal Taxpayers get for Council’s
$250,000+Gift to Our Health Centre Association?
What Our Health Centre
Association Promised:
“Six primary care practitioners
(a combination of physicians and nurse
practitioners)and a family Practice
nurse, on call physicians readily
available”
What happened to this OHC declaration
to Council?
-“it is clear that attracting highly
trained, enthusiastic medical staff could
well be the easiest part of creating
OHC!”?
What Our Health Centre
Association Delivered:
-No new medical practitioners.
The recruitment of NEW medical
practitioners is not in the OHC
business plan.
“Our Business Plan is based on space
rental, fees for certain services, and a
small on-going fundraisingcommitment”.
-Nowhere do they mention DOCTOR
RECRUITMENT.
This group has not attracted or recruited
one single health practitioner to our
community;they haven’t even tried.
All NEW medical practitioners who
came to our community in recent
years were recruited by the Dept. of
Health and Wellness through the CAP
program, operated by the Health Dept.
and Doctors Nova Scotia.
What Our Health Centre
Association Promised:
• After h o u r s and weekend medical
care will be consistently available;
•On call physicians readily available;
“Six primary care practitioners
(a combination of physicians and nurse
practitioners) and a family Practice
nurse, on call physicians readily
available”
“Providing care 7 days a week for
people in our communities
-open appointments in one location to
rotate amongst primary healthcare
practitioners, daily Monday to Friday
–and a clinic on Saturday and 24 hours
on Sunday”.
“Evening and weekend medical care
will be available, not only for patients of
OHC practitioners but for anyone in the
region requiring care”.
What Our Health Centre
Association Delivered:
-No nigh, weekend & no 24 hrs.
medical services.
-No walk-in clinic.
-No open appointments
-No New Doctors or Specialists for
Chester.
-When questioned at a recent Chester
Municipal Council meeting (August
2016), Don Munroe, president of the
Our Health Centre Association,
revealed that his group was not able to
provide the promised new family
practitioners or provide any “visiting
specialists”who would practice from
OHC’s large office rental facility in
Chester.
Mr.Munroe finally admitted that:“OHC has no power to bring
doctors from elsewhere, as that's up
to the Health Authority”.
Alice Lieberman, another spokes
person for the Chester OHC,
confirmed to Council that the Nova
Scotia Health Authority informed
OHC that they would not license
anymore doctors for the Chester area.
This licensing restriction also appliesto any “visiting specialists”the OHC
office rental group were promising
people they would provide.
Since OHC was unable to recruit new
doctors, they poached local medical
practitioners from their original rental
facilities, thus unfairly competing with
local rental businesses since OHC is
subsidized by Municipal taxpayers.
What Our Health Centre
Association Promised:
•Visiting Specialists
“significant distances must be travelled
for appointments with medical
specialists”.
• New health and wellness programs
will be delivered throughout our
communities.
What Our Health Centre
Association Delivered:
No medical specialists will practice
in the OHC premises;the Nova Scotia
Health Authority informed OHC that
they would not license anymore
doctors or any specialists to practice in
their facility.
-Patients will still have to travel to
other locations for specialist
appointments.
The existing Health Authority clinics,
along with the Municipality, already
deliver and/or participate in all the
recommended health and wellness
programs.
OHC just poached existing Health
Authority clinics from their original
rental facilities in Chester, thus
unfairly competing with local rental
businesses since OHC is subsidized by
Municipal taxpayers.
What Our Health Centre
Association Promised:
•Staff and volunteers will help guide
people through the health care system.
• Medical records will be held and
maintained in a central location;
What Our Health Centre
Association Delivered:
This is already handled through theNova Scotia Health Authority’s
“Continuing Care Clinic”in Chester
and the Province-wide 811 and 211
phone and internet services.
With the$4.3 million to implement the“Personal Health Record Program”
announced in the 2016 Provincial
Budget,this service is already
provided by the Health Department.
“The province set aside $4.3 million to
expand the Personal Health Record
online portal beyond Halifax to theentire province”.
Since the majority of area health
practitioners do not operate from the
OHC facility,they certainly would not
consent to share their patients’
medical records with the OHC
management.
In a recent interview,Tricia Cochrane,the Health Authority’s Vice-president
of Integrated Health Services, said:“Family physicians are in private
practice and make their own decision in
where they want to work and how they
want to work”;“Just because this OHC
rental space exists, doesn’t necessarily
mean it will attract doctors to run it and
work there”.
What Our Health Centre
Association Promised:
A “doctor magnet” which would bring
in many physicians and businesses to
Chester.
What Our Health Centre
Association Delivered:
-Not even one new physician has been
willing to come to Chester to practice
out of OHC’s rental facility.
-Most would be hard pressed to name
one new business that was attracted to
Chester because of the OHC.
-12,000 sq. ft. of more office rental
space
in an area with a huge surplus of
available vacant office/commercial
rental space.
-The Municipality wasted $250,000 of
taxpayer’s money to fund a group
building an office rental facility that is
in direct taxpayer-funded competition
with local rental businesses.
-By contributing this money without any
due diligence, the Municipality
irresponsibly put its stamp of approval
on this endeavor, thus convincing
donors to OHC that it was a worthwhile
and well researched development for
our community.
Our Health Centre
Association Propaganda:
OHC Capital Campaign
“As the end of 2016 approaches, so does the
end of the OHC Capital Campaign. Only
$260,000 remains to be raised to reach the
$4.5 Million Campaign goal”.
What Our Health Centre
Association is Hiding:
-Why did the OHC Association have to
take out a $1.5 million high interest
mortgage on September 22, 2016, if they
have all the funds they want us to
believe they have?
Taxpayers must be vigilant-
They will be back at the trough for more
money!!!
REQUEST FOR DISCUSSION
Prepared By: Bruce Forest,
Director of Solid Waste
Date January 24/2017
Reviewed By: Tammy Wilson, CAO Date
Authorized By: Tammy Wilson, CAO Date February 2, 2017
CURRENT SITUATION
Kaizer Meadow currently accepts shingles from residents in our Municipality as well as commercial
operators working for people in our Municipality. We also accept shingles from the Lunenburg Regional
Community Recycling Center (LRCRC) and Valley Waste Resource Management.
BACKGROUND
We currently have a designated area for shingles at Kaizer Meadow. When we have a significant stockpile,
we bring in a company to chip the material. The cost for chipping is $22.50 per ton. We use the chipped
shingles on site for base road construction and wind cover on the landfill. The price that we charge the
LRCRC is $27.00 per tonne for unchipped shingles. Valley Waste only sends chipped shingles at no charge.
We have a charge for commercial operators that covers the cost of chipping their shingles. We accept a
significant number of shingles from our residents at no charge.
DISCUSSION
We have been able to use all the shingles thus far with projects on-site such as road construction to
sampling wells and road construction on the landfill. We are running out of projects to use up this
material. We will be constructing and widening the road that will service Sustane Technologies which will
account for what we will produce this year.
IMPLICATIONS
We are running out of projects to use up the chipped shingles. One option is to send them back with the
chipping company who uses them after processing for a project at the Lafarge Plant in Brookfield. The
cost for us to do that would be approximately $22 per tonne on top of the $22.50 for chipping.
Policy
Not applicable.
Financial / Budgetary
I have included a small spreadsheet that represents the amount of shingles we have handled over the last
few years. It could get costly to ship shingles off site in the future. If there is a company that would be
willing to take the shingles at no charge to us, the benefits are obvious. I am in discussions with the Valley
and LRRF and reviewing options at this time.
REPORT TO: Municipal Council
SUBMITTED BY: Department solid waste
DATE: January 24, 2017
SUBJECT: Shingles report
ORIGIN: January 12th Council Meeting –
8.4 Chipped Shingles at Kaizer Meadow.
2 Request For /Direction
Environmental
There are a number of environmental of issues to consider if we have to stock pile shingles without an
alternative use for them on site. One problem would be the possibility of fire. The other problem is space.
Strategic Plan
Promote conditions conducive to fostering economic prosperity.
Work Program Implications
There are no other departments involved.
OPTIONS
If we cannot find alternative uses for the shingles, we will have to pay the chipping company to take them
away. We can limit the amount by not accepting shingles from LRRF and the valley. This may reduce the
quantity enough that we can deal with then on site.
ATTACHMENTS
2013 2014 2015 2016
MUN OF LUN
LRCRC SHINGLES 63.5 1068.55 1673.33 1175.61
MUN. CHESTER
ASPHALT 283.29 477.91 407.11 535.29
ASPHALT
(RESIDENTIAL) 167.24 211.42 215.15 210.76
MUN SHINGLES 0.76 4.93 0 3.74
TOTAL: 451.29 694.26 622.26 749.79
TOWN OF LUNENBURG
TOL ASPHALT 29.14 13.73 0 6.41
VALLEY
VALLEY ASPHALT 1394.35 1528.71 1526.92 330.64
COMMUNICATIONS (INTERNAL/EXTERNAL)
Not applicable.
Municipality of the District of Chester
Income Statement - Actual vs. Budget
Report generated January 30, 2017 2016-2017 2016-2017 2016-2017
ACTUAL BUDGET VARIANCE FORECAST
EXPENDITURES (Page 1 of 4)December 31st TOTAL $%MARCH 31, 2017
General Government Services:
Warden, Council & Committee:
Council/Committee Remuneration 109,823 164,844 55,021 67%154,904
Administrative Expenses 42,043 90,047 48,004 47%85,747
Grants to Organizations 217,772 253,921 36,149 86%250,500
Elections and Plebiscites 72,452 75,000 2,548 97%75,000
442,090 583,812 141,722 76%566,151
CAO/Clerk Administration:
Salaries 271,086 374,906 103,820 72%374,964
Administration Expenses 82,555 128,551 45,996 64%131,651
Town Crier 0 1,000 1,000 0%0
Surveys/Appraisals 1,043 2,000 957 52%2,000
Communications 9,337 33,520 24,183 28%15,750
Capital from Revenue Projects 5,907 556,000 550,093 1%38,000
369,928 1,095,977 726,049 34%562,365
Finance/Tax Administration:
Salaries 255,718 338,364 82,646 76%338,364
Administration Expenses 172,894 260,235 87,341 66%266,723
Property Tax Administration 267,941 279,900 11,959 96%279,850
Assessment Recovery Costs 340,514 340,514 0 100%340,514
Capital from Revenue Projects 0 0 0 #DIV/0!0
Depreciation 17,365 23,153 5,788 75%23,153
1,054,432 1,242,166 187,734 85%1,248,604
Information Services:
Salaries 161,773 217,195 55,422 74%217,195
Administration Expenses 150,571 210,245 59,674 72%206,281
Capital from Revenue Projects 156,753 171,600 14,847 91%171,600
Debt Charges 17,892 19,122 1,230 94%19,122
Depreciation 29,252 39,003 9,751 75%39,003
516,241 657,165 140,924 79%653,201
Municipal Property:
Salaries 54,128 83,751 29,623 65%72,171
Administrative Expenses 29,062 44,100 15,038 66%38,749
Property Services 95,206 110,976 15,770 86%126,941
Wharves, Boat Launches, etc 5,311 8,500 3,189 62%7,081
Community Development/Gardens 7,636 15,000 7,364 51%10,181
Capital from Revenue Projects 50,203 327,825 277,622 15%66,937
Depreciation 15,794 21,058 5,264 75%21,059
257,340 611,210 353,870 42%343,120
Public Works:
Salaries 101,174 154,663 53,489 65%132,450
Administrative Expenses 40,120 85,197 45,077 47%55,011
Sprinkler/Fire Mill Cove 15,510 182,465 166,955 9%176,180
Capital from Revenue Projects 0 2,500 2,500 0%1,250
Depreciation 16,143 21,524 5,381 75%21,524
172,947 446,349 273,402 39%386,415
SUBTOTAL 2,812,978 4,636,679 1,823,701 61%3,759,856
2016-2017 2016-2017 2016-2017
ACTUAL BUDGET VARIANCE FORECAST
EXPENDITURES (Page 2 of 4)December 31st TOTAL $%MARCH 31, 2017
Protective Services:
Police Services 1,311,465 1,751,980 440,515 75%1,751,980
Correction Services 176,772 236,441 59,669 75%236,441
Legal - Prosecution Services 0 5,000 5,000 0%5,000
By-Law Enforcement 14,258 35,751 21,493 40%32,951
Animal Control 51,879 76,700 24,821 68%74,025
Emergency Measures 40,499 41,114 615 99%69,114
1,594,873 2,146,986 552,113 74%2,169,511
Fire Services:
Fire Services - Salaries & Wages 46,294 58,310 12,016 79%58,310
Fire Services - Administrative Expenses 27,848 63,291 35,443 44%63,291
Fire Services - Insurance 66,104 67,000 896 99%67,000
Fire/Village Commissions 1,071,000 1,497,036 426,036 72%1,497,036
Fire Contract - Districts 1, 3 & 7 116,000 237,748 121,748 49%237,748
Fire Rescue Boat 6,000 12,123 6,123 49%12,123
Capital from Revenue Projects 0 10,000 10,000 0%0
1,333,246 1,945,508 612,262 69%1,935,508
Building/Fire Inspection:
Building Salaries & Wages 103,378 166,763 63,385 62%145,139
Building Administrative Expenses 28,632 64,205 35,573 45%58,418
Fire Salaries & Wages 40,967 54,141 13,174 76%54,141
Fire Administrative Expenses 12,893 24,804 11,911 52%24,804
185,870 309,913 124,043 60%282,502
Transportation Services:
Roads & Streets:
Administration 9,341 26,269 16,928 36%18,995
Provincial Road Maintenance Fee 136,872 182,494 45,622 75%182,494
Municipal Roads & Street Signs 5,984 87,500 81,516 7%88,200
Private Road Maintenance 90,660 90,660 0 100%90,660
Sidewalks/Crosswalks 35,741 90,000 54,259 40%79,700
Streetlights 82,507 107,255 24,748 77%110,450
Capital from Revenue Projects 146,360 337,100 190,740 43%361,000
Short Term Borrowing 3,959 3,965 6 100%3,965
Debt Charges 39,935 78,517 38,582 51%78,517
Depreciation 181,208 241,610 60,402 75%241,610
732,567 1,245,370 512,803 59%1,255,591
Sewer Services:
Universal Sewer Salaries 125,830 223,549 97,719 56%170,700
Universal Sewer Operating Expenses 266,575 318,282 51,707 84%326,710
Capital from Revenue Projects 77,364 1,357,500 1,280,136 6%165,000
Debt Charges 41,170 39,670 (1,500)104%39,670
Depreciation 143,730 191,640 47,910 75%191,640
654,669 2,130,641 1,475,972 31%893,720
SUBTOTAL 7,314,203 12,415,097 5,100,894 59%10,296,688
2016-2017 2016-2017 2016-2017
ACTUAL BUDGET VARIANCE FORECAST
EXPENDITURES (Page 3 of 4)December 31st TOTAL $%MARCH 31, 2017
Solid Waste Collection/Disposal
Waste Collection Salaries 32,491 57,134 24,643 57%56,519
Waste Collection Operating Expenses 944,344 1,298,424 354,080 73%1,304,816
Depreciation 375 500 125 75%500
977,210 1,356,058 378,848 72%1,361,835
Landfill Salaries 399,417 527,734 128,317 76%532,134
Landfill Operating Expenses 424,153 745,468 321,315 57%736,368
Landfill Closure 2 Expenses 18,002 550,000 531,998 3%550,000
Landfill Capital from Revenue Projects 24,334 40,000 15,666 61%40,000
Landfill Debt Charges 1,361,466 1,440,237 78,771 95%1,440,237
Depreciation 970,824 1,294,432 323,608 75%1,294,432
3,198,196 4,597,871 1,399,675 70%4,593,171
Recycling Salaries 17,211 25,957 8,746 66%25,957
Recycling Operating Expenses 23,605 38,615 15,010 61%34,580
40,816 64,572 23,756 63%60,537
Total Solid Waste Collection/Disposal 4,216,222 6,018,501 1,802,279 70%6,015,543
Health & Wellness 2,498 7,000 4,502 36%7,000
Occupational Health and Safety 1,542 25,000 23,458 6%11,200
Regional Housing Authority 0 20,000 20,000 0%20,000
4,040 52,000 47,960 8%38,200
Environmental Development Services:
Economic Development Salaries & Wages 60,636 81,726 21,090 74%72,005
Economic Development Operating Expenses 42,021 105,249 63,228 40%100,632
Economic Development Capital from Revenue 0 300,000 300,000 0%300,000
102,657 486,975 384,318 21%472,637
Planning Salaries & Wages 277,426 358,601 81,175 77%358,601
Planning Operating Expenses 103,363 221,547 118,184 47%181,520
Planning Capital from Revenue Projects 19,473 165,000 145,527 12%40,000
Depreciation 13,359 17,812 4,453 75%17,812
413,621 762,960 349,339 54%597,933
LQRDA/REN 89,668 45,794 (43,874)196%45,794
Tourism Development 49,172 48,000 (1,172)102%45,578
Total Environmental Development Services 655,118 1,343,729 688,611 49%1,161,942
SUBTOTAL 12,189,583 19,829,327 7,639,744 61%17,512,373
2016-2017 2016-2017 2016-2017
ACTUAL BUDGET VARIANCE FORECAST
EXPENDITURES (Page 4 of 4)December 31st TOTAL $%MARCH 31, 2017
Industrial Park Operating Expenses 11,699 21,082 9,383 55%21,082
Industrial Park Capital from Revenue 0 10,000 10,000 0%5,000
Depreciation 13,086 17,448 4,362 75%17,448
24,785 48,530 23,745 51%43,530
Wind Power Operating Expenses 22,617 89,741 67,124 25%89,741
Wind Power Depreciation 190,808 254,410 63,602 75%254,410
Wind Power Debt Charges 298,179 327,905 29,726 91%327,905
511,604 672,056 160,452 76%672,056
Heritage Properties 0 500 500 0%500
Recreation and Parks Services:
Recreation Salaries 333,603 421,075 87,472 79%423,255
Recreation Grants to Organizations 44,113 56,000 11,887 79%54,000
Recreation Operating Expenses 221,176 331,686 110,510 67%312,998
Recreation Capital from Revenue Projects 105,783 137,000 31,217 77%112,000
Recreation Debt Charges 36,918 39,167 2,249 94%39,167
Depreciation 68,528 91,371 22,843 75%91,371
810,121 1,076,299 266,178 75%1,032,791
Church Memorial Park 0 50,000 50,000 0%50,000
Regional Library 51,026 69,056 18,030 74%69,056
Appropriation to District School Board 3,451,522 4,602,030 1,150,508 75%4,602,030
Transfer to Own Reserves, Funds, Agencies 561,247 2,055,532 1,494,285 27%2,146,259
Extraordinary Expenditures (6,880)0 6,880 #DIV/0!(6,880)
TOTAL EXPENDITURES 17,593,008 28,403,330 10,810,322 62%26,121,715
Surplus/(Deficit) - Operations (with depreciation)(279,620)(2,211,530)(1,931,910)13%(1,530,557)
Depreciation Allocation to Surplus 1,660,390 2,213,853 553,463 75%2,213,853
Surplus/(Deficit)1,380,770 2,323 1,378,447 59439%683,296
Municipality of the District of Chester
Income Statement - Actual vs. Budget
Recognize 75%
January 30, 2017 2016-2017 For Prop Taxes, GIL,2016-2017 2016-2017
ACTUAL Area Rates, Cond Trans BUDGET VARIANCE % of Budget FORECAST
REVENUE (Page 1 of 2)December 31st Reserves, other…TOTAL $Consumption MARCH 31, 2017
Taxes - Assessable Property
Residential $9,474,026 7,105,520 $9,516,075 $42,049 100%$9,477,881
Commercial 1,354,523 1,015,892 1,355,909 1,386 100%1,354,523
Resource 293,240 219,930 296,895 3,655 99%294,986
Non-Profit Acreage 4,360 3,270 4,360 0 100%4,360
Forest Lands (-50,000)27,334 20,501 27,211 -123 100%27,334
Forest Lands (+50,000)8,590 6,443 8,590 0 100%8,590
$11,162,073 $8,371,555 $11,209,040 $46,967 100%$11,167,674
Area Rates:
Protective Services:
Fire Protection - Districts 1,3&7 $240,885 180,664 $237,748 -$3,137 101%$237,748
Fire Protection - Islands 12,101 9,076 12,123 22 100%12,123
Fire Protection - Forest Land 1,308 981 1,304 -4 100%1,304
Fire Protection - Hydrants 24,815 18,611 24,815 0 100%24,815
Fire Protection - Fire/Village Commissions 1,456,039 1,001,302 1,497,036 40,997 97%1,458,799
$1,735,148 $1,210,634 $1,773,026 $37,878 98%$1,734,789
Transportation Services:
Streetlights $104,914 78,686 $107,255 $2,341 98%$107,255
Private Road Maintenance 94,625 70,969 94,625 0 100%94,625
Endeavour Avenue 36,519 27,389 36,770 251 99%36,770
$236,058 $177,044 $238,650 $2,592 99%$238,650
Environmental Health Services: Universal Sewer $863,995 647,996 $861,823 -$2,172 100%$861,823
Solid Waste Collection and Disposal $1,417,070 1,062,803 $1,422,412 $5,342 100%$1,422,412
Mill Cove - Private Wells $35,400 26,550 $35,400 $0 100%$35,400
ACES School - Sprinkler System $9,477 7,108 $9,477 $0 100%$9,477
Taxes Based on Business Revenue:
Aliant Corporation $49,067 36,800 $50,000 $933 98%$49,067
NS Power Corporation 20,529 15,397 20,529 0 100%20,529
NS Power HST Rebate 67,783 50,837 74,000 6,217 92%67,783
$137,379 $103,034 $144,529 $7,150 95%$137,379
Other Taxes:
Deed Transfer Tax $947,093 947,093 $880,000 -$67,093 108%$880,000
Wind Farm Developer Tax 656,574 492,431 656,574 0 100%656,574
Change in Use 0 0 0 0 0
$1,603,667 $1,439,524 $1,536,574 -$67,093 104%$1,536,574
Grants in Lieu of Taxes: Federal Government and Agencies $51,686 45,704 $60,938 $9,252 85%$51,689
Provincial Government and Agencies 95,187 71,684 95,578 391 100%95,578$146,873 $117,387 $156,516 $9,643 94%$147,267
SUBTOTAL $17,347,140 $13,163,633 $17,387,447 $40,307 100%$17,291,445
Municipality of the District of Chester
Income Statement - Actual vs. Budget
Recognize 75%
2016-2017 For Prop Taxes, GIL,2016-2017 2016-2017
ACTUAL Area Rates, Cond Trans BUDGET VARIANCE FORECAST
REVENUE (Page 2 of 2)December 31st Reserves, other…TOTAL $%MARCH 31, 2017
Services Provided Other Governments/Agencies:
Wind Turbine COMFIT - NS Power $442,541 442,541 $719,650 $277,109 61%$719,650
Solid Waste and Disposal Fees 2,461,640 2,461,640 2,768,496 306,856 89%2,768,496
Planning, Fire Insp, Build Insp, REMO Fees 35,661 35,661 70,556 34,895 51%70,556
Fire Commission Insurance Premiums 66,104 66,104 67,000 896 99%66,104
Animal Control Fees 24,750 24,750 33,000 8,250 75%33,000
$3,030,696 $3,030,696 $3,658,702 $628,006 83%$3,657,806
Other Revenues from Own Sources:
Administration Services $165,448 165,448 $171,250 $5,802 97%$171,300
Transportation Services 8,217 8,217 8,217 0 100%8,217
Building Inspection Services 17,638 17,638 15,000 -2,638 118%18,000
Animal Control Services 1,244 1,244 4,350 3,106 29%2,125
Sewer Hookup Services 14,272 14,272 500 -13,772 2854%500
Solid Waste and Disposal Services 234,792 234,792 571,820 337,028 41%571,820
Planning Services 18,837 18,837 22,390 3,553 84%22,254
Industrial Park Lease Fees 3,777 3,777 5,000 1,223 76%5,000
Recreation & Culture Services 111,228 111,228 110,150 -1,078 101%116,190
$575,453 $575,453 $908,677 $333,224 63%$915,406
Unconditional Transfers:
Federal Government $2,996 2,996 $2,000 -$996 150%$2,000
Provincial Government 6,736 6,736 11,236 4,500 60%11,236
Other Local Government/Agencies 0 0 0 0 0
$9,732 $9,732 $13,236 $3,504 74%$13,236
Conditional Transfers: Federal Government $294,686 294,686 $1,074,371 $779,685 27%$616,038
Provincial Government 84,000 84,000 711,250 627,250 12%263,711
Other Local Government/Agencies 67,565 67,565 90,787 23,222 74%69,187$446,251 $446,251 $1,876,408 $1,430,157 24%$948,935
Other:
Transfer, Prior Year's Surplus $0 0 $52,209 $52,209 0%$52,209
Transfer From Own Funds 87,623 87,623 2,295,121 2,207,498 4%1,712,121
$87,623 $87,623 $2,347,330 $2,259,707 4%$1,764,330
SUBTOTAL $21,496,895 $17,313,388 $26,191,800 $4,694,905 82%$24,591,158
EXTRAORDINARY OR SPECIAL REVENUE $0 0 $0 $0 $0
TOTAL REVENUES $21,496,895 $17,313,388 $26,191,800 $4,694,905 82%$24,591,158