By-law to Re-Establish Heritage Committee

BY-LAW Number: 



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BL2015-003 HeritageCommittee.pdf784.28 KB
WHEREAS Section 28 of the Ontario Heritage Act, R.S.O. 1990, Chapter O.18, as amended, provides a municipality to establish a municipal heritage committee to advise and assist the council on matters relating to Part IV, Part V and such other heritage matters as the council may specify by by-law;
AND WHEREAS the Town of Collingwood engages the advice and recommendations of individual and corporate citizens by establishing advisory committees as provided for in the Town of Collingwood Procedure By-law;
AND WHEREAS the Town of Collingwood is committed to promoting and preserving heritage within the Town of Collingwood;
AND WHEREAS on December 15, 2014 Council of the Town of Collingwood enacted and passed By-law No. 2014-090, a by-law to govern the proceedings of Council, Standing Committees, and Other Committees and Boards of Council;
AND WHEREAS the Council of the Town of Collingwood enacted and passed By-law No. 2011-045, being a by-law that established a Heritage Committee and deems it expedient to repeal the by-law and establish the Committee based on the Council approved recommendations provided for in Staff Report CAO2014-07;
In this by-law: 
“Act” means the Ontario Heritage Act, R.S.O. 1990, Chapter O.18 and any amendments and regulation thereto;
“Advisory Committee” and “Committee” means the Collingwood Heritage Committee;
“Council” means the Council of the Town of Collingwood;
“Collingwood” means the Corporation of the Town of Collingwood;
“Town” means the Town of Collingwood.
2.1 The Council of the Corporation of the Town of Collingwood hereby re-establish an Advisory Committee to be known as the “Collingwood Heritage Committee” under the authority of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended.
2.2 The Advisory Committee shall advise and assist Council on heritage related matters as prescribed in the Act. 
3.1 The Advisory Committee will prepare a Terms of Reference within the first six (6) months of the establishment of the Advisory Committee, to be presented to the Development and Operations Services Standing Committee for consideration.  Once approved, the Terms of Reference shall be appended hereto, and referenced as Schedule “A” of this By-law.
3.2 The Terms of Reference contained in Schedule “A” shall be reviewed every four (4) years, within the first year of the term of the succeeding Council, or more frequently as required.   Council can initiate the review of the Terms of Reference at their discretion.
4.1 The composition of the Collingwood Heritage Committee shall be as described in sections 4.2 and 4.3.
4.2 Voting members shall consist of:
  • Six (6) citizen members
  • One (1) member representing the BIA 
4.3 Non-voting members shall not be included to establish quorum, and shall consist of:
  • One (1) member of Council, as appointed by Council
  • Deputy Chief Building Official
  • Administrative Assistant – Building Services
  • Recording Secretary
4.4 Appointment Process 
The citizen appointments will occur in accordance with the corporate policy known as “Recruitment and Selection – Committee/Local Committee Appointments”.
4.5 Key Qualifications & Eligibility Requirements of Citizen Members include:
  • Must be eligible to vote in the Town of Collingwood municipal election;
  • Citizen members should represent a following skill sets and/or interest areas: Heritage conservation, historical research, historical building materials and techniques;
  • demonstrated leadership (mandatory for chair); and
  • good communication skills, demonstrate initiative, and a positive attitude.
5.1 Meetings shall be conducted in accordance with the current enacted Procedural By-law of the Town of Collingwood governing the proceedings of Other Committees and Boards, except as modified herein. 
5.2 Elect a chair and vice chair from amongst its members and appoint a secretary, or have a secretary appointed to them, who may not be a member of the Committee, all of whom shall hold office at the pleasure of the Committee or for such a period as the Committee prescribes.  
5.3 The term of office of a member of the Advisory Committee shall not exceed three years but members may be eligible for reappointment.  
5.4 Despite Section 5.3, the term of office of a member continues until his or her successor is appointed.
5.5 Term of office shall be as established in the Municipal Procedural By-law for Other Committees and Boards, and prescribed in the appointment by-law as enacted by Council.
5.6 Meetings of the Advisory Committee shall generally be held monthly or at the call of the Chair, with the provision that at least four meetings shall be held per year.  The Committee shall generally establish a regular meeting schedule that may be reviewed from time to time.
5.7 At all meetings of the Advisory Committee, every question shall be decided by a majority of votes cast.  In the case of an equality of votes, the Chair of the meeting shall not be entitled to a second or tie-breaking vote.
6.1 A quorum shall consist of a simple majority of the voting members of the Advisory Committee.
6.2 Non-voting members are not considered when establishing quorum.
7.1 Members that are unable to attend shall notify the recording secretary and/or staff liaison to report their absence, prior to the meeting date and/or time.
7.2 If a member is absent for three (3) consecutive regular meetings the Advisory Committee may recommend to Council to have the member removed from the Advisory Committee.  Council shall have the final decision.
7.3 If a member of the Advisory Committee resigns, the Advisory Committee shall report the resignation to the Clerk as soon as practical to initiate the recruitment process to fill the vacancy.
8.1 No remuneration shall be made to members of the Advisory Committee for their participation, unless otherwise directed by Council.
8.2 Reasonable expenses as approved by the Advisory Committee may be compensated to members.
9.1 The Advisory Committee shall report directly to the Development and Operations Services Standing Committee through recommendations contained in their official minutes, or as a deputation if deemed appropriate, or at the request of Council.
9.2 Minutes of the Advisory Committee shall be circulated and received by the Development and Operations Services Standing Committee in accordance with the Municipal Procedural By-law.
9.3 The Advisory Committee will work closely with staff but will not have supervisory authority over any staff.   The immediate supervisor of the Deputy Chief Building Official shall be the Chief Administrative Officer.  
9.4 Direction from Council to the Collingwood Heritage Committee shall be communicated back to the Committee through the Deputy Chief Building Official and/or Municipal Clerk.
10.1 The Development and Operations Services Standing Committee, in conjunction with the Advisory Committee, shall have the ability to second people from the community for the purpose of establishing advisory Committees and task forces for specific issues or events, as necessary, which would provide meaningful assistance but which would dissolve upon completion of the task.
11.1 The Advisory Committee shall abide by all municipal rules, policies, or procedures unless otherwise authorized.
11.2 The Municipal Act 2001 and the Municipal Conflict of Interest Act shall bind all Committee members as it relates to disclosure of any direct, indirect or deemed pecuniary interest, closed meetings procedures, and any other requirements under the Acts, which pertain to the conduct of the member.
11.3 All records, documents, correspondence pertaining to the activity of the Advisory Committee are considered to be records of the institution, and are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.
11.4 The records of the Collingwood Heritage Committee shall be retained and preserved in accordance with the provisions of the Town of Collingwood Records Retention By-law. 
12.1 Committee members will be required to sign a confidentiality declaration at the beginning of their term.
12.2 Committee members may cease to be a member of the Committee if they breach confidentiality.  The Committee will make a recommendation to Council to remove the member.  Items that are to be considered confidential will be so noted.
12.3 Members of the Committee are further governed by the Municipal Freedom of Information and Protection of Privacy Act.
13.1 In carrying out the provisions of this By-law, the Advisory Committee shall at all times be the agent of the Municipal Corporation and while acting bona fide within the limits of the authority of this by-law neither the Committee nor any member thereof shall incur any liability by reason of anything done or left undone by the Committee; provided however, that nothing in this section contained shall authorize or empower the Committee to incur any debt, liability, or obligation for which the Municipal Corporation shall become liable without having previously obtained the consent of Council of the Town of Collingwood.
14.1 THAT By-law No. 2011-045, as amended, being by-laws to establish the Heritage Advisory Committee be herein repealed.
14.2 THAT this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law.
ENACTED AND PASSED this 5th day of January 2015.
BL2015-003 HeritageCommittee.pdf784.28 KB