Policies and By-Laws

Policy Owner	NTC
Approval Body	Niagara Transit Commission Board
Approval Date	August 27, 2024
Effective Date	August 27, 2024
Review by Date	August 31, 2026

1. Policy

Niagara Transit Commission is committed to providing a safe and secure transit environment.  Video surveillance is used for safety and security purposes and conducted in a manner that is in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and consistent with existing employment policies and agreements (collective agreements) and other relevant legislation. 

 

2. Purpose Statement

The purpose of this policy is to enhance the safety and security of employees, the public, and NTC’s

assets and to prevent unauthorized activities on or involving NTC property and reduce the risk and liability exposures for the NTC.

 

This policy recognizes the need to balance individual privacy rights with the need to ensure a safe

and secure public transit system for employees, customers, and NTC assets.   Guidelines are

established with respect to the installation and operation of digital recording surveillance systems,

the use of information obtained, and controlling access to the records created by the system.

 

3. Scope
   • This policy applies to video surveillance technology installed by NTC on vehicles and at facilities operated by the NTC. It does not apply to videotaping of NTC meetings or any covert surveillance that may be used for law enforcement purposes.

 

4. Roles and Responsibilities

 

The General Manager is responsible for the NTC’s overall video surveillance program.  The roles and responsibilities assigned to NTC staff members are outlined in Schedule “A” attached.

 

5. Guidelines: Implementation of a Surveillance System

      5.1     Designing, Installing, and Using Surveillance System Equipment

When designing a Surveillance System and installing related equipment, the following must be considered:

1. The ability to adjust cameras will be restricted to designated maintenance staff, so that cameras cannot be manipulated to overlook spaces that are not intended to be monitored by the surveillance program.
2. Reception/recording equipment must be in a strictly controlled access area or system. Only staff designated by the appropriate Deputy General Manager will have access to the controlled access area/system and the reception/recording equipment.
3. Every reasonable attempt should be made to ensure Surveillance System equipment is not in a position that enables the public and/or unauthorized staff to view images.

 

      5.2       Notice of Use of Video Recording System

1. NTC will post decals, visible to members of the public, at all entrances and/or prominently displayed on the perimeter of the vehicles with a Surveillance System installed.
2. The notification requirements of this decal must inform individuals of the legal authority for the collection of personal information; the principal purpose(s) for which the personal information is intended to be used; and the title, business address, and telephone number of someone who can answer questions about the collection.
   • Personnel Authorized to Operate and Maintain Surveillance System Equipment

Only authorized staff as specified in Schedule A will be permitted to operate the Surveillance System and maintain the Surveillance System installed on NTC vehicles.  Only authorized staff as specified in Schedule B will be permitted to view and retrieve Surveillance Recordings. All staff with responsibilities outlined in this Policy will acknowledge in writing that they have received training with respect to their responsibilities and confidentiality obligations and that they understand those obligations.

 

• Breach of Policy

The General Manager, MFIPPA Coordinator, Manager Human Resources and Legal/Risk Management Services, as needed, will investigate and respond to any breach or alleged breach of this Policy.

 

6. Surveillance Equipment/Records

      6.1      Types of Recording Devices:

NTC may use a Digital Video Recorder system (DVR) and may implement technology replacements and/or upgrades, as required. 

      6.2      Record Identification

All Surveillance Records will be clearly identified (labelled) as to the date and location of origin including being labelled or titled with a unique, sequential number or other verifiable symbol. On a vehicle or in a facility with a DVR that stores recordings/information directly on a hard drive, the computer time and date stamp will be understood to be this identification.

Each user or facility, as applicable, will maintain records of activities related to recording devices and records according to the Region’s Records Retention By-law. The activities include information regarding the use, maintenance, access and storage of recorded material.

      6.3       Remote Access

NTC may use remote access to retrieve, view, operate, maintain or audit all or part of the Surveillance System.

Where the Surveillance System does not provide appropriate electronic recording of user activities, physical logbooks will be maintained to record all activities related to Surveillance System devices and records. The activities include all information regarding the use, maintenance and storage of records; and all instances of access to, and use of, recorded material. All entries will include name of authorized agent, date, time and activity. The logbook or electronic alternative must remain in a safe and secure location.

 

7. Auditing

7.1       NTC will undertake an internal audit every two years to ensure adherence to this Policy. Auditing may include verification that reported incidents were properly recorded; procedures on security; established roles and responsibilities; maintenance, storage, retention and disposal of equipment and recorded information have been followed; and requests for information have been tracked and responded to accordingly.

Any deficiencies, concerns and/or recommendations identified will be resolved.

7.2       General Manager or designate will conduct a bi-annual review of user access to ensure only authorized users have access to view Surveillance Recordings.

8. Access to Surveillance Recordings

      8.1       Access

Access to Surveillance Recordings will be restricted to authorized agents specified in Appendix B, to comply with the roles and responsibilities as outlined in Schedule A of this Policy.

      8.2       Storage

All storage devices that are not in use must be stored securely in a locked receptacle located in an access-controlled area.

      8.3      Viewing Surveillance Recordings

Only authorized personnel or agents listed in Schedule B are permitted to view and retrieve Surveillance Recordings.  Surveillance Recordings will be viewed in a controlled area. Every reasonable attempt will be made to ensure that recordings are not viewable or can be heard by other individuals.

Surveillance Recordings or Surveillance Records used as part of an investigation into an operational matter resulting in significant disciplinary action, may be viewed by the Union Chairperson or designate, in the presence of the applicable Deputy General Manager and designated Human Resources personnel. 

      8.4      Access to Information Requests

All requests for Surveillance Records where disclosure may be inconsistent with the principle purposes of the collection will be directed to the NTC Clerk for processing. A person requesting access to a Surveillance Record is required to follow the requirements of the Niagara Region in making a Freedom of Information (FOI) request (available at Freedom of Information Requests - Niagara Region, Ontario or by contacting the Regional Clerk/Access and Privacy Office).

 

NTC will comply with any warrant, summons, court order or other legal process that requires disclosure of surveillance images or information, subject to consultation with the Regional Solicitor and Access and Privacy Office.

      8.5      Surveillance Records – Law Enforcement, Security, Safety and Evidentiary Purposes

Release of Surveillance Records must support the purposes of this Policy and requires the approval of the General Manager or designate. The General Manager or designate will consult, as required, with the Region’s Access and Privacy Office or Legal Services, prior to releasing Surveillance Records.

Requests, including law enforcement agencies or regulatory agencies, will be in writing and must identify the legal authority under which the agency is requesting disclosure unless the agency requests immediate access for reasons including imminent danger, hot pursuit or serious threat to public and/or worker health and safety. In this case, provided the images and information are logged for tracking purposes, the information may be disclosed by the General Manager or designate without a written request.

For each Surveillance Record NTC will record the following information:

1. The date and time of the original, recorded incident including the designated name/number of the applicable hardware, vehicle, property, requester, type of incident and associated tracking numbers.
2. The name of the Administrator creating the record.
3. The time and date the record was sealed.
4. The time and date the sealed record was provided to the requester.
5. The name and signature of an authorized person representing the requester.

NTC will maintain a copy of all Surveillance Records, in accordance with the requirements of this Policy.

      8.6      Custody, Control, Retention and Disposal of Video Records/Recordings

NTC retains custody and control of all original Surveillance Recordings.  Surveillance Records are subject to the access and privacy requirements of the MFIPPA, which includes but is not limited to the prohibition of NTC employees and contractors from access, or use of information from the Surveillance System, its components, files, or database for personal reasons.

With the exception for records retained for labour relations, criminal, safety, or security investigations or for evidentiary purposes, the NTC shall delete video recordings as follows:

8.6.1 For records collected from a video recording system on a bus- after __ hours

8.6.2 For records collected from a video recording system on a paratransit vehicle- after _ hours

8.6.2 For records collected from a video recording system within the transit system terminals and facilities- after ___ days

NTC will take all reasonable efforts to ensure the security of records in its control / custody and ensure their safe and secure disposal. Old storage devices will be disposed in accordance with applicable technology asset disposal processes ensuring personal information is erased prior to disposal and cannot be retrieved or reconstructed. Disposal methods may include, but are not limited to: shredding, burning, melting, overwriting, de-magnetizing, or erasing depending on the type of storage device.

      8.7       Unauthorized Access and/or Disclosure (Privacy Breach)

An NTC Employee or contractor who becomes aware of any unauthorized disclosure of a Surveillance Record in contravention of this Policy and/or a potential privacy breach will immediately notify the General Manager through their respective Manager or Deputy General Manager.

Upon confirmation of the existence of a privacy breach, the General Manager will notify the Access and Privacy Office and Risk Manager for implementation of the appropriate processes.

The Deputy General Manager will inform the General Manager of events that have led up to the privacy breach. The employee or contractor will work with the Deputy General Manager or designate to take all reasonable actions to recover the record and limit the record’s disclosure.

NTC will notify, where possible, affected parties whose Personal Information was inappropriately disclosed. The General Manager, in consultation with the Deputy General Manager or designate will investigate the cause of the disclosure with the goal of eliminating potential future occurrences.

A breach of this Policy by an employee of NTC may result in discipline, up to and including dismissal. A breach of this Policy by a third party with responsibilities under this Policy will result in the appropriate and applicable accountability measures.

      8.8       Public Inquires about the Policy

An employee receiving an inquiry from the public regarding this Policy will direct the person to for information and to provide feedback.

An employee receiving an inquiry from the public regarding any privacy breaches and/or complaints will direct the individual to the NTC’s Access and Privacy Office.

 

9. Definitions

     

"Authorized Personnel" means Municipal staff and staff of contracted service providers designated by the General Manager, Infrastructure and Engineering Services, directed to gain access to Digital Recording Camera Devices and to undertake one or more of the following functions: to retrieve, download, view, secure, copy and distribute Digital Recordings.

"Digital Recording Surveillance System" means audio/visual surveillance equipment capable of recording images and sound in a digital format used on vehicles or at facilities.

"Digital Recording(s)" means the data (audio and video) created and stored as a result of the use of the Digital Recording Surveillance System.

"MFIPPA" means Municipal Freedom of Information and Protection of Privacy Act.

“Surveillance Recordings” means information, including audio and video, recorded by the surveillance system and stored on a digital video recorder (DVR) or other storage device

“Surveillance Records” Copies of Surveillance Recordings, created for the purpose of:

1. Complying with any warrant, summons, court order or other legal process that requires disclosure of Surveillance Recordings;
2. Complying with Freedom of Information requests and MFIPPA;
3. Supporting investigations of legal claims and proceedings;
4. Supporting investigations into Operational Matters.

Policy Category	Customer Experience
Policy Owner	Deputy General Manager, Customer Experience
Approval Body	Niagara Transit Commission Board
Approval Date	September 17, 2024
Effective Date	December 1, 2024

 

1. Policy

Children Twelve (12) Years of Age and Under Travelling on Specialized Transit

2. Purpose Statement

This policy outlines the rules and requirements for safe travel with infants and/or children on Niagara Transit (“NT”) specialized services. This applies whether the child is a customer of NT specialized services or a dependent of a customer.

3. Scope

This policy applies to all NT specialized transit customers and support persons who are traveling with an infant or child. This policy also applies to NTC staff as outlined in the roles and responsibilities below.

4. Definitions

4.1. Child: Person(s) 12 years of age or younger, or who weighs more than 9 kilograms (20 pounds).

4.2. Infant: Children who weigh less than 9 kilograms (20 pounds).

4.3. Parent or Guardian: An adult, 18 years or older, responsible for an infant or child traveling on Niagara Transit’s specialized transit.

4.4. Support Person: One who aids an individual with a disability in areas such as communication, mobility, personal care, medical needs, or access to services and facilities.

5. Roles and Responsibilities

5.1. Parent/Guardian: Responsible for the behaviour of their infant or child at all times during travel. If unable to manage due to a disability, a support person must accompany them.

5.2. Operator: Ensures the safe transportation of all passengers, verifying securement and safety protocols for children.

5.3. Booking Agent: Accurately records and processes bookings, ensuring space for infants or children, noting all relevant details in the system.

5.4. Customer Service Representative: Assists with inquiries, feedback, complaints, and escalates as necessary.

5.5. Training Supervisor: Delivers training on policies related to children’s travel, including safety procedures.

5.6. Road Supervisor: Oversees daily operations, conducting spot checks and resolving issues related to children’s travel policies.

5.7. Specialty Services Manager: Monitors compliance with policies, addressing escalated concerns and enforcing safety regulations.

5.8. Deputy General Manager: Responsible for overall policy implementation, ensuring NT’s compliance with legislation and policy alignment with safety, accessibility, and equity goals.

6. Requirements

6.1. Supervision:

6.1.1. Infants and children must be accompanied by a parent, guardian, or support person. Children 12 years and under cannot travel alone.

6.2. Support Person Assistance Card:

6.2.1. Individuals with disabilities can apply for a Support Person Assistance Card, presented to the Operator at boarding.

6.3. Bookings:

6.3.1. Infants and children who are not registered users must be noted during booking to ensure space.

6.4. Mobility Device Securement:

6.4.1. Children using mobility devices will be secured as per NT procedures and manufacturer guidelines.

6.5. Seat Occupancy/Strollers:

6.5.1. Children who can sit upright must occupy their own seat and wear a seatbelt.

6.5.2. NT and its contractor’s vehicles do not have suitable restraint systems for car seats and/or booster seats; therefore, they are not permitted for use while on board. Children or infants must be removed from car seats and held in the lap of their parent/guardian or support person.

6.5.3. Parents or guardians traveling alone and/or who are unable to hold an infant on their lap, may have the infant remain in a stroller, providing the following criteria is adhered to:

• • • • • The stroller must have a sturdy frame that can be secured using a four-point system (two belts at the front, two at the rear).
        • The stroller must have a properly secured five-point harness for the child

7. References

7.1. Accessibility for Ontarians with Disabilities Act (AODA 2005)

7.2. Ontario Regulation 191/11, Integrated Accessibility Standards, Part IV, Transportation Standards

7.3. Highway Traffic Act, Regulation 613

7.4. Public Vehicles Act, R.S.O. 1990, c. P.54

Approval History

NTC Board - Approved Date: September 17, 2024; Effective Date: December 1, 2024

Flags at Niagara Transit Headquarters shall be lowered to half-mast as a symbolic expression of collective mourning.

Half-masting will occur from time of notification of death until the end of the day of the funeral, or as determined by the General Manager, for:

• The Sovereign or a member of the Sovereign's immediate family
• The Governor General of Canada or a former Governor General
• The Prime Minister of Canada or a former Prime Minister
• The Lieutenant Governor of Ontario
• The Premier of Ontario
• A local Member of Parliament or local Member of Provincial Parliament
• A member of Niagara Regional Council or a former member of Niagara Regional Council
• A member of the Niagara Transit Board or a former member of the Niagara Transit Board
• A current Niagara Transit employee

Half-masting will occur on the following special days:

• April 28, Day of Mourning for Persons Killed or Injured in the Workplace
• June 23, National Day of Remembrance for Victims of Terrorism
• Second Sunday in September, Firefighters' National Memorial Day
• Last Sunday in September, Police and Peace Officers' National Memorial Day
• Sept. 30, National Day for Truth and Reconciliation
• Nov. 11, Remembrance Day
• Dec. 6, National Day of Remembrance and Action on Violence Against Women

If flags are already lowered to half-mast, then flags may be lowered on the next business day.

Half-masting or not half-masting in special circumstances not specifically identified or inconsistent with this section may occur at the discretion of the General Manager in consultation with the Chair of the Board.

Policy Category	Transit Operations
Policy Owner	Manager, Transit Operations, North
Approval Body	NTC Board
Approval Date	November 18, 2025
Effective Date	November 18, 2025
Review by Date	November 18, 2030

 

1. Policy

This policy outlines how bicycles may be transported on Niagara Transit vehicles.

2. Purpose Statement

Niagara Transit is committed to providing safe, reliable, and accessible transportation. To ensure the safety of all riders and operators, bicycles are only permitted on vehicles equipped with bike racks. Adherence to this policy will assist in the safe transport of passenger bicycles.

3. Scope

This policy applies to all passengers using bicycle racks located on the front of Niagara Transit buses.

4. Roles and Responsibilities

The primary responsibility in administering and reviewing this policy is the Manager, Transit Operations or their designate.

5. Procedure

5.1. Bike Rack Availability:

5.1.1. All conventional scheduled service buses are equipped with front-mounted bike racks.

5.1.2. At this time not all Specialty transit vehicles are equipped to carry bicycles, therefore bike transport cannot be guaranteed.

5.1.3. Each bike rack can hold up to two (2) bicycles, available on a first-come, first-served basis.

5.2. Permitted Bicycle Types:

5.2.1. Standard, two-wheeled bicycles are allowed.

5.2.2. Power-assisted (e-bike) bicycles may use the racks only if they meet the following requirements:

5.2.2.1. Tire size: Minimum 16 inches; maximum 29 inches (700c)

5.2.2.2. Weight: Maximum of 55 lbs. (25 kg)

5.2.2.3. Power source: Must be electric or battery powered. Gasoline or combustible-powered bikes are not permitted.

Note: E-bike batteries must be removed and carried onboard separately.

5.3. Loading and Unloading:

5.3.1. Customers are responsible for loading and unloading their bicycles. Operators cannot assist.

5.3.2. Both wheels must fit securely in the designated slots.

5.3.3. The support arm or hook must rest firmly over the front wheel; at a minimum at least 90 degrees or more is required to secure the bike.

5.3.4. All loose items (e.g., water bottles, bags, or carriers) must be removed before loading the bike. All items must be lower than the handlebars.

5.4. Not Permitted:

5.4.1. Bicycles are not permitted inside any Niagara Transit vehicles, however under certain circumstances bicycles may be permitted if capacity allows, such as severe weather and time of day.

Note: Priority boarding will be placed on person(s) over bicycles.

5.4.2. The following are not allowed on the bike racks:

5.4.2.1. Tricycles

5.4.2.2. Bikes with trailers or child seats

5.4.2.3. Motorized bikes with gasoline or other combustible fuel

Note: Foldable bicycles are permitted onboard when fully folded and do not require use of the bike rack.

5.5. Accessibility and Cost:

5.5.1. All scheduled buses with bike racks are fully accessible.

5.5.2. There is no additional cost to transport a bicycle when a fare has been paid.

5.6. Quick Tips for Using Bike Rack:

5.6.1. Ensure bus has come to a complete stop before loading your bicycle onto the bike rack.

5.6.2. Have your bike ready to load before the bus arrives.

5.6.3. Remove all accessories and loose items, including panniers and water bottles. Child carriers are not allowed, due to operator's view being obstructed.

5.6.4. Inform the driver before stepping in front of the bus to use the bike rack.

5.6.5. After unloading, let the driver know you are clear and at a safe distance before the bus departs.

5.6.6. Return bike rack to the upright position.

6. References and Related Documents

6.1. Legislation, By-Laws and/or Directives

Bill NTC 2022-02 A By-law Regulating the Use of the Niagara Transit System

7. Related Policies

Approval History

NTC Board - Approved Date: November 18, 2025; Effective Date: November 18, 2025

Niagara Transit+ Specialized Transit Eligibility Policy

Introduction

Niagara Transit provides specialized transit services for people who have a disability or medical condition that prevents them from using conventional transit services in the Niagara Region. This policy was developed in consideration of the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act (AODA), and the Integrated Accessibility Standards Regulation (IASR O. Reg. 191/11). These documents have been established to ensure Ontarians with disabilities receive equitable and barrier-free services. NT+ is committed to provide specialized transit services that meet these standards.

This policy outlines:

• Who may be eligible for NT+ specialized transit services
• The categories of eligibility
• The process for assessing and determining eligibility

Purpose and Scope

This policy outlines the eligibility criteria, assessment process, and usage guidelines for NT+ Specialized Transit services. It is intended for applicants, guardians, staff, and registered professionals.

Definitions

Specialized Transit: Door-to-door shared-ride service to meet the needs of residents in Niagara who have disabilities that prevent them from using conventional bus services. NT+ specialized service can be requested via a phone, mobile app, or online and may only use the service once eligibility is determined through the application form.

Conventional Transit: Bus services available in Niagara Region. This includes fixed-route services (both local and regional) and microtransit services. All conventional services offered by Niagara Transit are operated by a fleet of fully accessible low-floor vehicles with ramps.

Fixed-Route Transit: Bus services that follow a specific schedule and route.

Microtransit: Bus services that are requested via a phone, mobile app, or online. Microtransit services transport customer between specified origins and destinations.

Eligibility: Whether or not you can use (are eligible for) specialized transit services.

Disability: A functional limitation that precludes someone from using conventional transit some or all the time. Functional limitations that impact transit abilities include physical, sensory, mental health, cognitive, medical, and other functional limitations.

Functional Ability: What one is able to do (the functions you are able to do) safely, independently, and consistently.

Occasional Support Person: A support person is a person who accompanies a person with a disability to support with their communication, mobility, personal care, medical needs, and safety. If it is determined through the application process that a customer requires a support person, then a designation will be placed on their profile that enables a support person to be present for some or all their NT+ specialized trips. 1 (one) support person will be able to accompany an NT+ specialized customer at no additional cost. A support person card will be issued by NT+ and must be shown to the operator at the time of boarding.

Mandatory Support Persons: Unlike a support person, a mandatory support person is a designation placed on a customer's profile that requires a support person to be present for all their NT+ specialized trips. This designation will only be placed on the customer's profile if it has been determined by NT+ that a support person is needed at all times to ensure the safety and security of the customer and others while riding NT+ specialized services. If a mandatory support person is not present with an NT+ customer at the time of pickup, service will be denied. 1 (one) support person will be required to accompany an NT+ specialized customer at no additional cost. A support person card will be issued by NT+ and must be shown to the operator at the time of boarding.

Companions: Companions are non-support persons who travel with NT+ Specialized Transit customers. If space is available on the vehicle and without denying service to other NT+ customers, NT+ customers are able to bring 1 (one) companion on board. Companions are required to pay applicable fares for NT+ specialized services.

Dependent Children: NT+ customers are able to travel with all dependent children if space is available on the vehicle and without denying service to other NT+ customers. NT+ Customer children and dependents aged 12 and under are not subject to pay fares for NT+ specialized services.

Children and Infants: Children and Infant NT+ specialized service eligibility will be evaluated based on their functional abilities to ride conventional transit with an adult. Eligible children aged 12 (twelve) and under must ride with a parent, guardian, or support person to ensure accessibility and safety. Children and Infants are not subject to pay fares for NT+ specialized services.

Eligibility

Individuals may be eligible for specialized transit services if they:

• Are a resident of a long-term care home; or
• Are a person with a disability whose disability prevents them from using conventional transit services some or all the time.

All individuals must complete the NT+ Specialized Transit Application Form to be eligible for the service.

Categories of Eligibility

There are three categories (types) of eligibility for NT+ specialized services, these are consistent with under Integrated Accessibility Standards Regulation (IASR) under the AODA. Categories of eligibility for NT+ specialized services include:

Unconditional: A person who is eligible for unconditional service can use specialized transit at any time under any situation. This applies to a person with a disability that prevents them from ever being able to use conventional transit.

Conditional: A person who is eligible for conditional service is able to use specialized transit only in specific situations. This applies to a person with a disability where environmental or physical barriers limit their ability to use conventional transit some of the time. A person who is eligible for conditional service may be able to use conventional transit for all or part of some trips but may need to use specialized transit to meet their needs for some or all their trip in specific situations.

Temporary: A person who is eligible for temporary service is able to use specialized transit for a limited period of time. This applies to a person with a temporary disability that prevents them from using conventional transit. For example, if a person has a disability or injury that is expected to improve such that they will be able to use conventional transit in the future.

Recertifications

Applicants who are given unconditional and conditional eligibility receive eligibility for 3 (three) years. 90 (ninety) days prior to the end of this period, customers who have an active email address will be sent a digital copy of the application form to be completed to renew eligibility for specialized transit. Customers who do not have an active email address will be sent a paper copy of the application form. Eligibility for customers who do not recertify will expire 3 (three) years from the date of their initial eligibility decision. The recertification process ensures Niagara Transit has up to date information about their customers and their mobility needs.

Visitors and Temporary Eligibility

Visitors who use specialized transit services in other places can access NT+ specialized services when visiting the Niagara Region. To access NT+ services, the applicants' home service provider must give a referral to NT+. Once the referral is accepted and approved by NT+, customers will be granted eligibility matching the determination made by their home service provider for the duration of their visit to the Niagara Region.

Visitors receive temporary eligibility for NT+ specialized services for up to 6 (six) months. At the end of this period, visiting customers must request another referral from their home service provider.

Eligibility Decisions

Eligibility for specialized transit is considered on a person-by-person basis. Eligibility is specific to each person and their needs. Eligibility is not guaranteed based on the presence of a particular disability or type of diagnosis.

Eligibility is assessed based on an applicant's functional ability to take conventional transit. In other words, whether a disability limits an applicant's ability to use conventional transit safely and independently without support. The application form is designed to determine if an applicant has the functional ability to take conventional transit all or some of the time. Functional limitations related to transit abilities could include physical, cognitive, sensory, mental health, medical or other.

It is important to note that eligibility is not based on:

• Income level
• An absence of conventional transit in a person's area
• Distance of local transit stops from the individual's home, unless their disability prevents them from travelling more than [200] meters
• The eligibility of other customers whose disability may appear similar to yours

NT+ applicants will receive their eligibility determination within 14 (fourteen) days following submission of their complete application form.

Functional Limitations

The following are examples of functional limitations that may make you eligible for specialized transit services:

Physical functional limitations may include difficulty with walking, standing, sitting, grabbing or difficulty moving.

Sensory functional limitations may include hearing or vision loss that leads to difficulty navigating, wayfinding or recognizing route information.

Mental health functional limitations may include difficulty in regulating behaviour, communicating, and keeping yourself safe on conventional transit.

Cognitive functional limitations may include difficulty understanding routes, recognizing a stop, or being able to ask for help.

Medical function limitations may include conditions such as liver failure or cancer, where the symptoms of the condition, or side effects of treatment result in pain, fatigue, weakness, or other symptoms that make taking conventional transit difficult.

Other functional limitations include conditions or symptoms not captured above. This category could include seizure disorders, pain disorders, chronic fatigue syndrome, etc.

Persons are ineligible if they do not live in a long-term care home AND they do not have a disability or medical condition that prevents them from taking conventional transit.

Conditional Eligibility

Some applicants will be eligible to access specialized transit at certain times because their disability prevents them from using conventional transit in specific situations. These applicants will receive conditional eligibility, reflecting their ability to take conventional transit at some times and their need for specialized transit under certain conditions.

The following conditions may apply to eligibility:

• Seasonal/weather-related conditions
  • If an applicant's functional ability is impacted by the weather, they may be eligible for service during certain seasons, including:
    • Winter only due to snow, ice, or cold (November 1 – April 30th)
    • Summer only due to heat (May 1 – September 30).
• Travel to specific medical treatments
  • If an applicant's disability includes complex medical needs and/or frequent medical appointments that result in medical fatigue (e.g., dialysis or chemotherapy), they may be eligible for service to and/or from specific medical appointments.
• Travel to day programs
  • If an applicant participates in days programs for people with disabilities, they may be eligible for service to and from day programs.

Customer Safety

The safety of all customers is of critical importance to Niagara Transit. To ensure all customers are picked up and dropped off safely, consistently, and in line with their needs, support persons, and hand-offs may be necessary.

Support Persons

Through the application process, some customers may be determined to benefit from support persons while using NT+ specialized services. These customers are able to apply for a support person pass, which will enable a support person to travel with them on NT+ specialized services.

Mandatory Support Persons

Through the application process, some customers may be determined to require support persons while using NT+ specialized services to ensure their safety and the safety of other riders. A Mandatory Support Person designation will be given to customers if there is no other reasonable way to protect the health or safety of the customer or other customers. These customers will be given a support person pass and a "mandatory support person" designation on their customer profile. This designation requires customers to always travel with a support person to ensure their safety and well-being throughout the trip.

Hand-Offs

Through the application process, some customers may be determined to require a person at the drop-off location to receive the customer. These customers will receive a "hand-off" designation on their customer profile. This designation requires customers to arrange for and to have a person waiting for them at the drop-off location to ensure their safety and well-being.

Assessment

To apply for specialized transit services, applicants must complete an application form. The application form has two parts. One section is filled out by the person that is going to be using NT+ specialized services (the applicant). The other section is filled out by a professional who has knowledge and expertise about how the applicant's disability creates a functional barrier to using conventional transit.

Registered professionals who can attest to an applicant's functional ability to take conventional transit are listed below:

• Licensed Physicians
• Physiotherapist
• Registered Nurse
• Licensed Chiropractor
• Occupational Therapist
• Certified Psychologist/Psychiatrist
• Licensed Optometrist/Ophthalmologist
• Ontario Disability Support Program Social Worker
• Dialysis Registered Social Workers

Appeals Process

Not all applicants will be approved for eligibility. Some applicants will be determined to be ineligible for specialized services. Some applicants will be approved only for conditional eligibility. If an applicant disagrees with their eligibility decision, they may appeal the decision through the appeals process included with the applicants' decision letter.

Appeals Panel

The appeals panel is composed of three (3) individuals: a Third-Party Medical Professional, a Joint Accessibility Advisory Committee member or alternatively, an NT+ customer, and a representative from Niagara Transit+.¹ At the panel meeting, the Appeals Panel will review your documentation, ask you questions, and give you the opportunity to explain why you feel the original eligibility determination did not capture your functional ability to take conventional Niagara Transit services. The panel will then make a decision that will support your position, uphold the original eligibility decision, or change your eligibility giving more or less access to NT+ services. The decision of the appeals panel is final.

Appeals Timeline

The Appeals Panel shall meet once per month. Appeals decisions will be made within 30 (thirty) days of receipt of the appeals request. The appeals decision will stand for three (3) years without further appeal unless further information is provided to the appeals panel about a change to the applicant's functional ability to use conventional transit.

Appeals Form

The Appeals Form can be found on the Niagara Transit website: https://nrtransit.ca/specialized-transit/

Personal Information

Any personal information or personal health information is collected, used, and disclosed by Niagara Region under the authority of the Municipal Act for the administration of the inter-municipal transit service in accordance with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Questions should be referred to the Access and Privacy Office at 905-980-6000, ext. 3779 or FOI@niagararegion.ca.

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¹ Specific members of the appeals panel are subject to change, with one representative from each organization on the appeals panel at all times. ↩

Bill NTC 2022-02

Authorization Reference: NTC 8-2022
Minute Item 9.1

NIAGARA TRANSIT COMMISSION
BY-LAW NO. 2022-02
A BY-LAW REGULATING THE USE OF THE NIAGARA TRANSIT COMMISSION TRANSIT SYSTEM

WHEREAS the Niagara Transit Commission (NTC) is a municipal service board of The Regional Municipality of Niagara established in accordance with section 196 of the Municipal Act, 2001 and pursuant to Regional By-law 2022-38 to operate a municipal passenger transportation system on behalf of the Region;

WHEREAS the NTC wishes to pass this by-law for purposes of protecting the integrity of the transit system for all users.

NOW THEREFORE the Niagara Transit Commission enacts as follows:

Definitions

1. In this by-law:

1. ‘authorization’ or ‘authorized’ means the written permission from the NTC, received prior to the time the action is to occur;
2. ‘bicycle’ includes a tricycle and unicycle but does not include a motor assisted bicycle;
3. ‘conditions of use’ means the information printed on fare media, an identification card, a photo identification card and an electronic fare card and includes but is not limited to information electronically stored or encoded on an electronic fare card;
4. ‘fare’ means the amount to be paid for travel on the transit system as approved by Regional Council from time to time;
5. ‘fare media’ means any ticket, pass, transfer or other fare media issued by and acceptable to the NTC, and includes, without limitation, an electronic fare card, any single or multi ride card, a day pass, a monthly pass, a Seniors Pass, a Low Income Pass, a Youth Pass, U pass, support person pass, and includes any identification card or photo identification card issued by or on behalf of the NTC;
6. ‘guide dog’ or ‘service animal’ shall have the same meaning as set out in Ontario Regulation 429/07 of the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended;
7. ‘loiter’ means to linger without due cause and includes but is not limited to:
   1. idly spending time in or on NTC property without the express purpose of using the transit system
   2. lingering, sauntering or remaining in or on NTC property without due cause; and
   3. failing to board the next available NTC vehicle, where possible, for the intended route;
8. ‘Niagara Specialized Transit’ service means that portion of the transit service designed for individuals who cannot use conventional transit some or all of the time based on eligibility requirements;
9. ‘NRT OnDemand’ means that portion of the transit service that provides demand responsive, point-to-point service that is booked on an as needed basis by riders using a home phone or a smartphone;
10. ‘NTC property’ means all lands, facilities, fare media, structures, shelters, stations, transit station platforms, bus stops, and vehicles owned, leased, licensed, occupied or maintained by the NTC, but does not include a highway as defined in the Municipal Act, 2001;
11. ‘NTC vehicle’ means any motorized transportation equipment operated by or on behalf of the NTC and includes but is not limited to buses, specialized transit vehicles and automobiles;
12. ‘peak hours’ means 6:30 a.m. to 10:00 a.m. and 3:30 p.m. to 7:00 p.m. local time, Monday through Friday, or any other times as determined by the NTC;
13. ‘proper authority’ means:
    1. an employee or agent of the NTC wearing a NTC uniform;
    2. an employee or agent of the NTC carrying an identification card issued by the NTC;
    3. a Region of Niagara by-law enforcement officer; or
    4. a Niagara Region Police Services police officer;
14. ‘ youth transit pass’ means a pass issued to a person aged 13 – 17 or who is a full-time student at a recognized elementary or secondary school located in the Niagara region and based on a valid student identification card issued by the educational institution
15. ‘transit system’ and means the transit system, or part thereof, operated by or on behalf of the NTC and includes but is not limited to NTC vehicle, NRT OnDemand and Niagara Specialized Transit services and all NTC property;
16. ‘U-Pass’ means a pass issued to a person who is a full-time student at a recognized college or university or other post-secondary institution acceptable to the NTC, and who produces a valid student identification card issued by the educational institution; and
17. ‘WEGO service’ means that portion of the transit service delivered by the Niagara Parks Commission and City of Niagara Falls in partnership with the NTC.

 

Requirement to Pay Fare - Conditions of Use

2. No person shall travel or attempt to travel on a NTC vehicle or enter a fare paid area, or attempt to enter a fare paid area without paying the appropriate fare. When fare disputes arise the NTC vehicle operator will follow the NTC policy of “inform vs enforce”; allow the ride and attempt to arrange re-payment options with the passenger. Escalating farebox disputes should be handled by the on duty NTC supervisor.

1. Where the amount of the fare charged for passage on the NTC vehicle or entry to a fare paid area is disputed, the passenger shall pay the amount requested by a proper authority.
2. A passenger who refuses to pay the amount of fare requested by a proper authority will have to make arrangements with supervisory staff in order to secure a ride.
3. No person shall in any way alter, change, recreate any identification card or fare media issued by or on behalf of the NTC or authorized by the NTC.
4. No person shall travel or attempt to travel on a NTC vehicle or enter the transit system with any identification card or fare media that has been altered, changed or recreated in any way.
5. No person other than a youth student shall use a youth student transit pass. No person other than a post-secondary student shall use a U-Pass. Adult passes are to be used by persons 18-64 while Senior passes are for 65 and older.

Fare Media

3. Fare media shall:

1. be valid for the period as indicated on the fare media, and in accordance with the conditions of use of the fare media and as set out in this by-law.
2. be valid for the period as indicated on the identification card or photo identification card;
3. be valid in accordance with the conditions of use of the identification card or photo identification card and as set out in this by-law;
4. remain the property of the NTC and be subject to confiscation or cancellation, without refund, by a proper authority if the holder of the fare media, identification card or photo identification card:
   1. causes damage to NTC property; or
   2. fails to comply with the conditions of use of the fare media, identification card or photo identification.
5. be immediately surrendered for inspection by a proper authority upon request.

4. No person shall sell tickets, transit passes or any other fare medium established from time to time unless the person is an authorized vendor of the NTC.

5. The NTC shall not be responsible or liable for lost or stolen fare media.

Conduct on Transit System

6. A proper authority may refuse passage on the transit system to:

1. a person behaving or appearing to behave in a manner that would interfere with the ordinary enjoyment of persons using the transit system or that may result in harm to themselves or others.
2. a person whose conduct or language is or is likely to be objectionable to other passengers;
3. a person carrying large bulky items or any sharp object that could endanger or cause a threat to the safety of other passengers or NTC employees or block transit aisles; or
4. a person who alters their identity through the use of a disguise intended to obscure or otherwise alter their appearance.

7. No person shall on a transit vehicle:

1. enter or leave NTC property except through a designated entrance or exit, as the case may be.
2. interfere with the safe operation of a NTC vehicle, or disturb or disrupt the transit vehicle operator;
3. place or allow their feet, foot or footwear to be placed or remain on any seat or back cushion, or as to be blocking any part of an aisle on a transit vehicle;
4. operate any camera, video recording device, movie camera or any similar device for commercial purposes upon the transit system;
5. operate any personal radio, recording device, digital music or audio device, musical instrument, or similar device unless the sound is conveyed to that person by an earphone at a sound level that does not disturb other passengers or the vehicle operator;
6. ride, hang or stand on any exterior portion of a vehicle or lean out of or project any part of his or her body through any window of a vehicle;
7. hold or force a vehicle door open, or hinder or delay the closing of a vehicle door, except in the case of an emergency;
8. place himself or herself in a position or perform an action likely to interfere with the operator of a NTC vehicle having proper control of the NTC vehicle or that is likely to obstruct the vision of the operator; or
9. bring or attempt to bring in or on NTC property a large object which may inconvenience other passengers or jeopardize the safety of other passengers or NTC employees.

8. Despite Section 7, a person may transport a bicycle on a bus at any time provided that the bus is equipped with a bicycle rack and the person properly secures the bicycle to the rack.

9. The NTC is not responsible or liable for loss of or damage to property of passengers transported on the transit system.

10. No person shall, on any part of the transit system including but not limited to vehicles, unless specifically authorized:

1. place or erect a sign;
2. place any paint or mark;
3. interfere in any way with the orderly movement of persons;
4. damage, deface or remove NTC property;
5. display, offer, distribute or place handbills, signs, notices or any form of written or printed matter;
6. sell or attempt to sell any merchandise, article or other thing or solicit members of the public for any purpose;
7. roller-skate, in-line skate, bicycle or skate-board in or on NTC property;
8. wear roller-skates or in-line skates while in or on NTC property;
9. smoke, vape, use or consume any form of tobacco, cannabis, alcohol or drugs;
10. possess a firearm, air gun, air rifle, pellet gun, pellet rifle, gas charged gun, gas charged rifle, imitation firearm, an offensive weapon or a prohibited weapon;
11. possess explosives, pyrotechnical material, flammable material, offensive or toxic material, or any other dangerous thing, object or material, with the exception of personal oxygen tanks.
12. cause a disturbance or act contrary to the public peace on NTC property, including but not limited to urinating, expectorating or defecating, except in facilities specifically intended for such actions; using profane, insulting or obscene language or gestures; behaving in an indecent or offensive manner; shining any type of light at an operator of a NTC vehicle or any other passenger; fighting; or otherwise behaving in a manner which would interfere with the ordinary enjoyment of persons using the transit system;
13. beg, solicit or panhandle funds;
14. perform a musical instrument or busk, except with the written approval of a proper authority.

11. No person shall willfully obstruct or interfere with a proper authority in the performance of his or her duties or the exercise of his or her rights, powers and privileges under this by-law.

12. Service animals that accompany passengers with disabilities, including guide dogs, are welcome at all public areas of the NTC system but must be under the care and control of the person they accompany at all times, and must not pose a safety risk to other passengers or to NTC operators.

13. Nothing in this by-law prohibits the posting of signs, official notices and information or the use of any camera, video recording device, movie camera or any similar device on NTC Property by the NTC or anyone authorized by the NTC.

14. No person shall cause or attempt to cause any damage to any transit vehicle or any transit property.
Operations

15. The NTC and its employees and agents are not liable for delays or cancellations of any kind caused by any reason.

16. The NTC and its employees and/or agents shall have the right, whenever operating circumstances require it, to transfer a passenger from one vehicle to another vehicle.

Enforcement

17. Any person who fails to comply with this by-law, or who is otherwise disturbing the peace, forfeits the right to remain in, or on the transit vehicle or transit property and shall, when directed so to do by the proper authority, immediately leave the transit vehicle or other transit property. In default of so doing, a proper authority, may use such force as is reasonably necessary to remove such person or persons from the transit vehicle or other transit property.

18. The provisions of this by-law shall be enforced by a by-law enforcement officer appointed by a proper authority, or by a police officer as defined in Section 2 of the Police Services Act (Ontario).
Penalties

19. Any person who contravenes any provision of this by-law is guilty of an offence and

1. is liable upon conviction to a fine in accordance with the Provincial Offences Act; and
2. is liable to be served with a trespass order.

20. When a person has been convicted of an offence under this part of the by-law, the Ontario Court (Provincial Division) of the Province of Ontario, or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted that is deemed to be directed toward the continuation or repetition of the offence.
Short Title

21. This by-law may be referred to as the “Transit By-law.”
Effective Date

22. This by-law shall come into force and take effect on January 1, 2023.

NIAGARA TRANSIT COMMISSION
Wayne Fertich, Board Vice Chair, Niagara Transit Commission
Ann-Marie Norio, Regional Clerk
Passed: November 8, 2022

Bill No. 2022-38

Authorization Reference: CL 11-2022
Minute Item 4.1

THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2022-38
A BY-LAW TO ESTABLISH THE NIAGARA TRANSIT COMMISSION AS A MUNICIPAL SERVICE BOARD

WHEREAS Council for The Regional Municipality of Niagara (Region) enacted By-Law
No. 2017-21 on March 23, 2017 and effective June 1, 2017 transferring responsibility
by triple majority to provide inter-municipal transit within the region of Niagara to the
Region with the unanimous support of all local municipalities; and

WHEREAS Dillon Consulting was retained to prepare a report on the goals shared by
all of building a connected transit network across the region, and that report entitled the
Niagara Transit Services Delivery and Governance Strategy report (Dillon Report) was
completed in 2017; and

WHEREAS the Region entered into a Memorandum of Understanding (MOU) with the
Cities of Niagara Falls, St. Catharines and Welland to determine how to best move
forward and the MOU established the Linking Niagara Transit Committee to develop a
consolidated transit model and that Committee was made up of members appointed
from the Region and by the Cities of St. Catharines, Niagara Falls, and Welland and
that Committee endorsed a proposed governance model for the consolidation of transit
at its meeting on September 29, 2021; and

WHEREAS the Chief Administrative Officer Governance Steering Committee endorsed
transit consolidation, the transfer of authority for transit to the Region, and also an
approach to asset transfer based on the transfer of assets at a nominal value; and

WHEREAS on November 25, 2021, the Council of the Region considered and approved
report PW 55-2021 titled Moving Transit Forward in Niagara: Creation of a Consolidated
Transit Commission approving the creation of a consolidated transit system to begin
operations on January 1 , 2023 and to be formed on the basis of the principles set out in
that report and endorsed by Council; and

WHEREAS in accordance with the section 189 of the Municipal Act, 2001, By-law No.
2021-96 was enacted by the Region on November 25, 2021, being a by-law to provide
the Region with the exclusive authority to establish, operate and maintain a
consolidated passenger transportation system for the Niagara Region subject to triple
majority requirements; and

WHEREAS By-law No. 2021-96 together with the comprehensive report PW 55-2021
was circulated for approval following that meeting and on January 31, 2022, the last of
the twelve local area municipalities considered the By-law for the transit consolidation
and uploading of authority to operate public transit to the Region; and

WHEREAS on March 24, 2022 the Clerk of the Region by memorandum to Council
confirmed that the triple majority requirements as set out in section 189 of the Municipal
Act, had been met and the authority to operate intra-municipal transit within the region
of Niagara has been transferred to the Region effective February 2, 2022; and

WHEREAS the Council resolution of November 25, 2021, directs staff to report back on
the establishment of a transit commission as a municipal services board pursuant to
Section 196 of the Municipal Act, 2001, which is also a body corporate and a local
board of the Region pursuant to Section 197 of the Municipal Act, 2001;

NOW THEREFORE, the Council of The Regional Municipality of Niagara hereby enacts
as follows:

ARTICLE 1
Definitions

1.1 In this by-law,

"Act" means the Municipal Act, 2001, S.O. 2001, c.25, as may be amended from time to
time;

"Board" means the Board of Directors of the Niagara Transit Commission;

"Commission" means the members constituting the body corporate of the Niagara
Transit Commission;

"CAO" means the Chief Administrative Officer of The Regional Municipality of Niagara
or their designate;

"Chair" means the Chair of The Regional Municipality of Niagara or their designate;

"Commission Chair" means the Niagara Transit Commission board member designated
as the Chair of the Commission by the Commission;

"Council" means the Council of The Regional Municipality of Niagara;

"General Manager" means the General Manager of the Niagara Transit Commission;

"NTC" means the Niagara Transit Commission established under Article 2;

"NTC Advisory Committee" means the advisory committee to be formed to provide a
liaison with the Commission and the public for discussion of issues of community
concern affecting the regional transit system;

"Region" means The Regional Municipality of Niagara;

"Regional Clerk" means the Regional Clerk for The Regional Municipality of Niagara or
their designate;

"Regional Treasurer" means The Commissioner of Corporate Services and Treasurer of
The Regional Municipality of Niagara or their designate;

'Transition Board" means the first Board of Directors of the NTC that will undertake an
independent review of best practices and recommend a governance model for the
future Board of Directors of the NTC to Council to be appointed following the 2026
municipal election;

"Transition Period" means the period between when the Transition Board is first
appointed and until Council appoints the successor Board to take office following the
2026 municipal election;

"Year One" means 2023, being the first year of operation of the NTC.

ARTICLE 2
Niagara Transit Commission

2.1 A municipal service board to be known as the Niagara Transit Commission
("NTC") is hereby established as a body corporate, and a local board of the
Region. The Commission may make a recommendation to Council for approval
to change the name of the NTC.

2.2 The Region shall negotiate and Council shall approve all agreements respecting
the transfer of assets, personnel, and agreements related to the operation of
transit, on its behalf and on behalf of the NTC, from any municipal transit
operator within the Region, including the St. Catharines Transit Commission, the
Region, City of Niagara Falls, City of Welland, City of St. Catharines and Town of
Fort Erie.

2.3 The NTC has the authority to accept the transfer of assets related to the
operation of transit from any municipal transit operator within the Region,
including the St. Catharines Transit Commission, the Region, City of Niagara
Falls, City of Welland, City of St. Catharines and Town of Fort Erie, for the
purpose of operating a consolidated regional transit system and maintaining,
adjusting or improving service levels within the municipalities. Ownership of
transit facility buildings shall be transferred to the Region; but such facilities shall
be used and maintained by NTC for transit.

2.4 No person other than the NTC may provide public transportation or operate a
public passenger transit system within the geographical boundaries of the
Region, subject to the following exceptions:
(a) buses operated by or under the authority of: The Niagara Parks
Commission and otherwise comprising the WEGO transit system; GO
Transit; or, any other Provincial authority;
(b) buses operated by or on behalf of school boards, private schools or
charities to transport students;
(c) buses operated exclusively for purposes related to transporting tourists
between hotels and tourist destinations, including winery tours;
(d) airport shuttles;
(e) licensed vehicles operated as taxis and ride-sharing services;
(f) vehicles authorized by federal or provincial law.

ARTICLE 3
Purpose

3.1 The purposes of the NTC are:

(a) to operate, manage and maintain a comprehensive regional transit system
known as "Niagara Transit" within the region of Niagara, and provide
advice to the Region on matters related to the delivery of transit across
the region which could include specialized, conventional and on-demand
service;
(b) to exercise such powers in connection with the regional transit system as
are delegated to it by Council;
(c) to establish such operational by-laws, policies, procedures and guidelines
respecting the operation and use of the transit system as deemed
appropriate, and subject to the provisions of this by-law and all applicable
legislation.

ARTICLE 4
Governance

4.1 The NTC shall be governed by a Board of Directors of no greater than fifteen (15)
members appointed by the Council of the Region from time to time, and shall
hold office at the pleasure of the Council of the Region;
(a) the Transition Board is made up of members appointed to the Commission
who are members of local or regional council and are appointed based on
recommendations from the local area municipalities and serve at the
pleasure of Council.
(b) the Transition Board is responsible to make recommendations to Council
on a governance and board membership model for the Commission going
forward following the Transition Period, based on an independent review
of best practices including recommending the skills and professional
qualifications of potential members that should be taken into account in
making future appointments, and Board term, such report to be submitted
to Council no later than January, 2026 in order that any proposed changes
will be in effect for the next Council term commencing in 2026.

4.2 The Chair and the CAO shall at all times be ex officio members of the Board and
shall count towards quorum and have all the rights of members except the right
to vote.

4.3 A member of the Commission may resign from office by providing notice in
writing to the Commission, or in the case of elected officials the member's seat
may be declared vacant if the member is not re-elected or otherwise no longer
entitled to hold office as a member of council pursuant to the Act, following which
the Commission will inform the Regional Clerk who will in turn inform Council;
and Council will determine whether to appoint a replacement member.

4.4 The term of the Transition Board of the Commission shall be:
(a) firstly, from May 26, 2022 until their term on municipal or regional council
ends or until January 31, 2023 whichever is first; and
(b) secondly, following the 2022 municipal election, Council will appoint Board
members based on the recommendations of local area municipalities, to
hold office until the end of the municipal or regional council term in 2026,
as applicable, or until their successors are appointed.

4.5 The Commission shall report to Council annually on the status of its operations
through the budget process and as requested by Council.

4.6 Board members shall attend a mandatory orientation session provided by the
Region prior to attending their first Board meeting.

4.7 Board members shall be reimbursed by the NTC for reasonable travel and out of
pocket expenses necessarily incurred in attending Board and committee
meetings and otherwise approved by Board policy in writing, and subject to
budget approval.

4.8 Board remuneration shall be made only in accordance with a NTC policy
respecting remuneration that has been approved by Council.

4.9 An NTC Advisory Committee shall be established made up of community
members representing the public across the region including but not limited to
accessibility advisory stakeholders, post-secondary students, Niagara's Chamber
of Commerce, indigenous representation, seniors, youth, and representatives
that reflect diversity, equity and inclusion. The terms of reference for the
Committee shall be determined by the Board. Committee members shall be
appointed by Council and determined in consultation with the Board and the local
area municipalities, from time to time. The NTC Advisory Committee shall meet
at least quarterly or more frequently if determined by the Board, and shall provide
non-binding advice to the Commission.

ARTICLE 5
Meetings

5.1 Regular meetings of the Commission shall be held on the dates, and at such
locations within the region as the Commission may determine. The Regional
Clerk is authorized to call its first meeting in each new term of the Board. The
first meeting shall not take place until all members have completed their
mandatory orientation, to be provided by the Region.

5.2 Agendas, minutes and reports shall be made public and all meetings of the
Commission and its committees, including the NTC Advisory Committee, shall be
open to the public except where reports or a meeting may be closed to the public
in accordance with the Act.

5.3 A majority of members of the Board or a committee constitutes a quorum.

5.4 The Regional Clerk shall serve as the corporate secretariat for the Commission.

5.5 Meetings of the Commission or a committee thereof may be held in person, by
electronic means or by a combination of both as long as the NTC complies with
the open meetings requirements in the Act and the date and procedures for
participation are made available to the public in advance of the meeting in
accordance with its procedural by-law. The method and technology used for
electronic participation in open or closed session meetings and the procedure for
voting shall be determined by the Commission Chair in consultation with the
General Manager and the Regional Clerk based on advice and available
resources, and the prevailing circumstances.

5.6 The minutes of all meetings of the Commission shall be prepared and kept by the
Regional Clerk or designate and shall be approved at the next Commission
meeting.

5. 7 The Regional Clerk shall retain and preserve the records of the Commission
including its by-laws, resolutions, minutes and proceedings of regular, special or
committee meetings. Such records will be retained and preserved in accordance
with the record retention period and policies established by Council, and shall be
publicly available.

5.8 The Commission shall adopt and apply a procedural by-law that is consistent
with Council's Procedural By-law and the requirements of the Act, with respect to
its own proceedings.

5.9 The Regional Clerk shall be deemed to be the NTC Head for purposes of the
Municipal Freedom of Information and Protection of Privacy Act (MFIPPA); and
the Commission shall comply with such policies and procedures regarding
MFIPPA, and other applicable privacy legislation, as may be established by the
Region from time to time.

5.10 Any reference to the Regional Clerk in this by-law and the Regional Clerk's duties
shall adhere to the Clerk's statutory duties and requirements as listed under s.
228(1) of the Act and such other duties as may be applicable under the Act or
any other law.

5.11 The Region's Integrity Commissioner shall be the Integrity Commissioner for the
NTC and the Code(s) of Conduct that applies to local boards, and if applicable to
citizen advisory committees, of the Region at any given time shall apply to the
NTC, and its' Advisory Committee.

ARTICLE 6
Commission Responsibilities and Authority

6.1 Subject to the limitations and conditions contained in this By-law, the following
powers, rights, authorities and privileges of Council with respect to the control
and management of the Region's transit system are delegated to the
Commission Board:
(a) Supervise the management, planning, maintenance and operations of the
NTC and the delivery of transit on behalf of the Region; including ensuring
that existing local service levels in each municipality, defined as a
minimum of the budgeted 2020 local service hours, are maintained for a
minimum of seven (7) years from January 1, 2023, unless otherwise
consented to by the local municipality;
(b) Appoint from among the board members a Commission Chair, who will
preside over meetings and be designated as the Chief Executive Officer
and a signing officer for the NTC; and a Vice-Chair to serve in
circumstances where the Commission Chair is unavailable;
(c) Appoint a General Manager to manage and be responsible for the day to
day administration of the operations of the NTC;
(d) Establish an organizational structure to efficiently and effectively carry out
the powers and authority delegated to the NTC;
(e) Consult with the local area municipalities and make recommendations to
Council respecting individuals from each municipality, as well as from the
sectors of the public referenced in Section 4.9 above, to be appointed to
the NTC Advisory Committee;
(f) Establish a head office for the Commission that shall be located in the
region of Niagara;
(g) Establish annual and long term plans and strategies for improving transit
across the region that take into account the Commission and Region's
objectives and strategic priorities including but not limited to respecting
accessibility, the Regional Transportation Master Plan and Official Plan,
the Region's environmental and carbon neutral goals, Council's annual
budget direction, and the input received from the NTC Advisory
Committee;
(h) Manage the workforce employed by the NTC, in a manner consistent with
the Region's policies respecting staffing, compensation (including
ensuring parity with the Region's approved annual non-union salary rate
table) and other human resource matters that are not unique to transit
services;
(i) Manage the Commission's and Region's assets used in connection with
the transit system including making all operational decisions in connection
with said assets and ensuring that existing fleet vehicles delivering local
service and transferred to the Commission from a local area municipality
will continue to be used exclusively within that local area municipality for
the remainder of their useful life;
U) Enter into contracts in connection with the provIsIon of transit services
where budget approval exists, having a term not greater than twenty (20)
years; and acquire or dispose of fee simple title to land only with the
approval of Council by specific Council resolution and in accordance with
the Region's Sale and Disposition of Lands By-law as may be amended
from time to time;
(k) Collect fees and charges imposed by Council in respect of the provision of
a transit system;
(I) Delegate in writing the exercise of the authority of the NTC delegated to it
by Council, to such employees of the Commission as deemed appropriate;
(m) Establish such committees of the Board as deemed appropriate from time
to time and develop a process whereby the Advisory Committee will have
input into matters under review by the NTC where appropriate;
(n) Subject to subsection (o), establish policies and procedures as the Board
determines are appropriate that will align with the Region's programs, bylaws,
policies and procedures including related to Accountability and
Transparency, Execution of Documents, Delegation of Authority, Inventory
Procedures, Disposal of Surplus Assets, Employee Travel and Expense
Policy, Accounts Receivable, Cost Allocation, Hiring of Employees;
Employee ID and Dress Code; Performance Management, Flexible Work
Arrangements; Attendance Support Program, Video Surveillance,
Commencement of Litigation, Media Relations, Emergency Building
Closures; and Procedural by-law;
(o) Comply with the by-laws and policies set out in Schedule "A" and related
procedures of the Region as updated, amended and replaced from time to
time; and such new by-laws, policies and related procedures as may be
established by the Region from time to time governing the corporate and
administrative support services provided by the Region to the NTC as set
out in Schedule "B";
(p) Consult with the Region in the preparation of media releases and
communications to the public on major initiatives or policies during the
Transition Period.

ARTICLE 7
Budget; Business Plan; Annual Report; Fees and Charges

7.1 During Year One, NTC will be initially allocated funding not to exceed fifty
percent (50%) of the estimated Special Levy Financial Strategy in accordance
with Report PW 55-2021 of $48.6 million, being the consolidated budget of local
and regional transit adjusted for inflation and capital funding, until Council
approves an operating and capital budget for 2023 for the Commission.

7.2 The Commission shall submit to the Regional Treasurer, in the form and at the
time specified in accordance with the approved Regional processes and
timetables for budget and business planning:
(a) Annual operating and capital budgets and business plans;
(b) Two (2) year forecast and ten (10) year capital plans; and
(c) Any other information or data required by the Regional Treasurer or
Council.

7.3 The Commission shall, at all times and in the form requested, provide the Region
with information relating to the operations of NTC; and shall attend Regional
Council and Standing Committee meetings when requested to present its budget
and business plans.

7.4 The Commission may obtain and pay the cost for available corporate and
administrative support services from the Region as identified Schedule "B"
attached and otherwise where it is cost-efficient to do so. The Commission shall
be solely responsible for providing the corporate and administrative services set
out in Schedule "C".

7.5 The Region shall maintain all necessary policies of insurance related to the NTC
including its officers and directors, its assets including its employees, agents,
operations and facilities and the Region will charge-back the cost to the
Commission. The Commission shall be responsible for maintaining records
regarding maintenance and operations of equipment, as well as appropriate
accident reports, and will provide them to the Region's Risk Manager
immediately in the event of an accident or incident that could trigger an insurance
claim.

7.6 The Regional Treasurer shall consult with the NTC in developing the transitrelated
portions of the Region's Development Charges study and draft by-law for
Council approval.

7.7 Council shall be responsible for passing by-laws imposing fees and charges in
respect of regional transit services operated by the NTC after receiving input
from the Commission.

7.8 The Commission shall submit to the Regional Treasurer quarterly reports in the
form and in accordance with the annual schedule as provided by the Regional
Treasurer that shall include the following:
(a) Financial operating statements;
(b) Information regarding the efficiency and effectiveness in its delivery of
Regional transit services and any barriers to the achievement of
improvements in the delivery of those services identified by the
Commission, with reference to performance measures tracked by the
transit industry where appropriate;
(c) Explanations and information regarding any material discrepancy between
the actual results from operations and the current approved budget and
business plan; and
(d) Any other information required by the Regional Treasurer or Council.

7.9 To ensure financial accountability and transparency, the Commission shall
consult with the Regional Treasurer in the event that:
(a) a matter falls under the Regional Treasurer's statutory authority under s.
286(1) of the Act; or
(b) a matter may have a material impact on the year end budget results of the
Commission or the Region in comparison to what was approved within the
Commission budget for that given year; or
(c) a matter may have a material impact on a future year budget or
subsequent year budget forecast.

ARTICLE 8
Auditor

8.1 The auditor appointed by the Region to annually audit its own accounts,
transactions and financial statements shall be the auditor for the Commission.
The NTC will be responsible for the costs of any special purpose audit.

8.2 The auditor shall have the right of access at all reasonable times to all records of
the Commission.

ARTICLE 9
General Manager Responsibilities

9.1 In addition to any duties and responsibilities assigned by the Commission, the
General Manager shall be responsible to:
(a) Administer the operations of the NTC and the public transit system
consistent with the approved capital and operating budget, the applicable
programs, policies and procedures of the Region, and with the approved
principles that formed the basis of triple majority approval included as
Appendix 3 to Report PW 55-2021, and the policies and by-laws of the
NTC and all applicable legislation;
(b) Review all operating agreements on a regular basis to ensure they are
consistent with the approved budgets and with the policies of the NTC and
that the Commission remains in compliance with their terms and
conditions;
(c) Employ or retain persons necessary for the business and operations of the
NTC, and define their duties and remuneration having regard to all
applicable policies including the job descriptions and pay scales effective
at the Region at any given time;
(d) Negotiate service level agreements with the Region for the corporate and
administrative support services provided by the Region, for Board
approval.

9.2 This By-law shall apply immediately upon being enacted by Council.

THE REGIONAL MUNICIPALITY OF NIAGARA
Passed: May 26, 2022

SCHEDULE "A"
Policies that Apply to the Niagara Transit Commission

The following by-laws, programs, policies and associated procedures of the Region, as
may be updated, amended and replaced from time to time, shall apply to NTC:
1 Budget Planning By-law
2. Budget Control By-law
3. Fees and Charges By-law
4. Financing Lease Policy
5. Surplus/Deficit Policy
6. Reserve and Reserve Funds Policy
7. Capital Asset Management Policy
8. Capital Financing Policy
9. Financial Reporting Policy
10. Health and Safety Policies including workplace violence prevention, workplace
harassment, respectful workplace conduct and all hazard specific health and
safety procedures
11. Procurement By-law, Unsolicited Proposals and Purchasing Card Policies
12. Code of Ethics/ Conflict of Interest Policy
13. Whistleblower Policy
14. Legal Indemnification Policy
15. Legal Holds Policy
16. Vacation Policy
17. Non-Union Compensation and Overtime policies
18. Summons to Witness Policy
19. Sale and Disposition of Lands By-law
20. Disconnecting From Work Policy
Page 14 of 17
Bill No. 2022-38
21. Electronic Monitoring Policy
Authorization Reference: CL 11-2022
Minute Item 4.1
22. Electronic Communications and Internet Use Policy
23. Software Licenses, Acquisition, Installation and Support
24. Technology Acquisition
25. Remote Access Policy
26. Mobile Device Policy
27. Telecommunications Policy
28. Password Policy
29. Vehicle Use and Drivers Licence Requirements Policy
30. Records Retention By-law and policies related records management, information
governance, MFIPPA and PHIPPA

SCHEDULE "B"
Niagara Region Corporate and Administrative Support Services

The following support services may be provided by the Region to NTC on a cost
recovery basis:
1. Corporate secretariat services, including responsibility for updating and
interpreting the NTC's procedural by-law, providing notices for meetings,
preparing minutes of meetings, carrying out NTC's responsibilities under the
Municipal Freedom of Information and Protection of Privacy Act and records
management.
2. Human Resources responsibilities regarding Human Resources Management
Systems (Peoplesoft HRIS), payroll processing, pension and benefits
administration, compensation planning for non-unionized personnel
(management and non-management), personnel policy development, employee
records and administration, and administration and overseeing an employee
assistance program.
3. Finance services regarding budgeting, internal financial reporting, external
financial reporting, financial analysis, accounts payable processing, revenue
transaction processing, Peoplesoft ERP financial system support, internal audit,
external audit, and asset management planning.
4. Information Technology services respecting cybersecurity systems, desktop
technologies and applications, data centre/servers/SANS, data analytics,
administrative peripherals, user help desk, other corporate backbone systems
and technologies as adopted from time to time.
5. Procurement and Realty Management services.
6. Legal and Risk Management (including insurance) services.

SCHEDULE "C"
Commission Corporate and Administrative Support Services Responsibilities

The following support services shall be the sole responsibility of the NTC:
1. Human Resources responsibilities regarding staff recruitment, collective
bargaining agreement negotiation, employee relations, employee timekeeping,
employee training and development, personnel and performance management,
occupational health and safety and attendance and disability management.
2. Information Technology matters respecting transit scheduling software, driver
management and timekeeping systems, transit planning system, automated stop
and announcement system, CAD/AVL system, automated vehicle management
system, automatic passenger counters, transit radio system, onboard CCTV
system, farebox system, paratransit scheduling software, paratransit AVL system
and other transit operational systems and technologies.
3. Communications.
4. General clerical support as required for operations.
5. Fleet maintenance.
6. Facilities maintenance.

Appendix 1: Proposed Delegation of Authority to NTC Staff under the Region's Procurement By-law

Low Value, Informal Quotation, and Formal Quotation

Method of Purchasing	Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
Low Value (for routine purchases of low dollar value)	Up to $10,000	Department Manager	Deputy General Manager	Department Manager
Informal Quotation (obtain, if possible, 3 written quotations for goods and services)	> $10,000 to $25,000	Department Manager	Deputy General Manager	Department Manager
Formal Quotation (formal bid solicitation to obtain quotations from at least 3 suppliers)	> $25,000 to $100,000	Department Manager	General Manager	Department Manager

Request for Tender

Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
> $100,000 to $250,000	General Manager	General Manager	Department Manager
> $250,000 to $1 million	General Manager	Deputy General Manager, General Manager and Regional Treasurer	Department Manager
> $1 million	Niagara Transit Commission Board	Regional Clerk and Regional Chair	General Manager

Request for Proposal

Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
> $10,000 to $25,000	Department Manager	Deputy General Manager	Department Manager
> $25,000 to $100,000	Department Manager	General Manager	Department Manager
> $100,000 to $250,000	Department Manager	General Manager	Department Manager
> $250,000 to $1 million	Department Manager	Deputy General Manager, General Manager and Regional Treasurer	Department Manager
> $1 million	Niagara Transit Commission Board	Regional Clerk and Regional Chair	General Manager

Special Circumstance, Single Source and Negotiation

Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
> $10,000 to $25,000	Deputy General Manager	Deputy General Manager	Department Manager
> $25,000 to $100,000	Deputy General Manager and General Manager	General Manager	Department Manager
> $100,000 to $250,000	Deputy General Manager and General Manager	Deputy General Manager and General Manager and Regional Treasurer	Department Manager
> $250,000	Niagara Transit Commission Board	Regional Clerk and Regional Chair	General Manager

* "Purchasing Authority" means those positions listed, and includes any position which is higher in the Corporation's reporting structure.

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Appendix 2: Niagara Region Procurement By-law No. 02-2016

Bill 02-2016 — Authorization Reference: PAC-C 3-2015, CSD 12-2015 Minute Item 5.2. As amended by By-law Nos. 2019-06 and 2019-30 (CSC 1-2019, Minute Item 7.6, CL 6-2019, Minutes Item 11.1).

A By-law to Define the Procurement Policies and Procedures for The Regional Municipality of Niagara, and to Repeal By-law 95-2014

WHEREAS Section 270(1)(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt policies with respect to its purchasing of goods and services;

AND WHEREAS The Council of The Regional Municipality of Niagara has deemed it desirable to set out its policies with respect to the Purchase or Disposal of Goods and/or Services in this By-law;

Now therefore, The Council of The Regional Municipality of Niagara enacts as follows:

1. Purposes, Goals and Objectives of This By-law

The purposes, goals and objectives of this By-law and of each of the methods of Purchasing authorized herein are:

(a) to encourage competitive bidding;

(b) to ensure objectivity and integrity in the Purchasing process;

(c) to ensure fairness between bidders;

(d) to maximize savings for taxpayers;

(e) to offer a variety of Purchasing methods, and to use the most appropriate method depending on the particular circumstances of the acquisition;

(f) to the extent possible, to ensure openness, accountability and transparency while protecting the best interests of the Corporation and the taxpayers of The Regional Municipality of Niagara;

(g) to obtain the best value for the Corporation when procuring Goods and/or Services;

(h) to avoid real and perceived conflicts between the interests of the Corporation and those of the Corporation's employees and elected officials and to ensure compliance with the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended;

(i) to encourage the Purchase of Goods and/or Services with due regard to the preservation of the natural environment;

(j) to promote, and incorporate wherever possible in Purchasing activities of the Corporation, the requirements of the Ontarians with Disabilities Act, 2001, S.O. 2001, c. 32, as amended;

(k) to adhere to the code of ethics of the National Institute of Government Purchasing and the Supply Chain Management Association of Canada; and

(l) to maintain timely and relevant policies and procedures.

2. Definitions

(a) In this By-law,

"Associate Director" means an employee of the Corporation holding the position of associate director;

"Award" means authorization to proceed with the Purchase, sale or Disposal of Goods and/or Services from or to a chosen Supplier;

"Bid" means an offer or submission from a Supplier in response to a Bid Solicitation which is subject to acceptance or rejection by the Corporation;

"Bid Deposit" means the form of security required by the terms and conditions of Bid Solicitations to guarantee that the successful Supplier enters into a Contract with the Corporation, as required by Section 26 of this By-law;

"Bid Document Form" or "BDF" means a form completed by Departments prior to the onset of a formal bid process which assists them in identifying relevant information such as specifications, provision, plans and supplemental general conditions which are crucial to the Purchase. Procurement utilizes this information as a starting point in the development of the Bid Solicitation and may consult with the project manager to clarify details and provide guidance for the purpose of finalizing the Bid Solicitation;

"Bid Solicitation" means a formal request for Bids including an Informal Quotation, Request for Quotation, Request for Pre-Qualification, Request for Tender, Request for Proposal, Negotiated Request for Proposal, or Request for Expression of Interest;

"Bidding System" means the Niagara Region's online web-based solution for issuing Bid Solicitations and/or receiving online Bids and posting results of Bid Solicitations;

"Budget" means the budget or portion of the budget approved by Council;

"CETA" means the Comprehensive Economic and Trade Agreement, (Chapter Nineteen: Government Procurement) effective September 21, 2017 and as may be updated from time to time;

"CFTA" means the Canadian Free Trade Agreement set out for Government Procurement, (Chapter Five) effective July 1, 2017 and as may be updated from time to time;

"Chair" means the Chair of the Corporation or his or her designate;

"Chief Administrative Officer" or "CAO" means the Chief Administrative Officer of the Corporation, his or her Designate or any successor position thereto;

"Clerk" means the Clerk of the Corporation or his or her designate;

"Commissioner" means the Commissioner of a Department, his or her Designate or any successor position thereto;

"Compliant Bid" means a Bid that meets the terms and conditions of the Bid Solicitation and this By-law;

"Conflict of Interest" means:

a situation or circumstance, real or perceived, which could give a Supplier an unfair advantage during a procurement process or compromise the ability of the Supplier to perform its obligations under its Contract; and/or

a situation where a personal, business or other interest of an elected or appointed official, officer or employee of the Corporation is, or can be reasonably be perceived to be, in conflict with the interests of the Corporation, and includes, but is not limited to:

(i) the giving or receiving of a direct or indirect personal gain or benefit, or a direct or indirect advantage or privilege, by any person or business that offers Goods and/or Services to the Corporation;

(ii) a direct or indirect interest in any business that provides Goods and/or Services to the Corporation;

(iii) a conflict of interest as defined in the Municipal Conflict of Interest Act; or

(iv) a conflict of interest as defined in the Corporation's Code of Ethics/Conflict of Interest Policy #C-A-007, as may be amended;

"Construction" means a construction, reconstruction, demolition, repair or renovation of a building, structure or other engineering or architectural work and includes site preparation, excavation, drilling, soil or seismic investigation, the supply of products and materials and the supply of equipment and machinery incidental to the construction, and the installation and repair of fixtures of a building, structure or other engineering or architectural work;

"Contract" means a binding agreement between two or more parties that creates an obligation to provide or sell goods or perform services;

"Corporation" means The Regional Municipality of Niagara;

"Council" means The Council of The Regional Municipality of Niagara;

"Department" means any Department of the Corporation including any division within a Department;

"Department Commissioner" means the Commissioner of the Department making the Purchase and for the purposes of this by-law shall include the Medical Officer of Health or their designate or any successor position thereto;

"Department Representative" means a position authorized in writing by the CAO or Department Commissioner for the Purchase and Disposal of Goods and/or Services up to the value of their prescribed signing authority or their designate and which written authorization must be filed with the Director of Procurement and Strategic Acquisitions;

"Designate" means a person authorized in writing to act on behalf of another during his or her absence, which written authorization has been filed with the Director of Procurement and Strategic Acquisitions; only a person holding a position no lower than one level below in the Corporation's reporting structure may be authorized to act as a Designate;

"Director" means the director of a division within a Department, his or her Designate or any successor position thereto;

"Director of Legal and Court Services" means the Director of Legal and Court Services of the Corporation, his or her Designate or any successor position thereto;

"Disability" or "Disabilities" shall have the same meaning as set out in the Ontarians with Disabilities Act, 2001, or any successor legislation thereto;

"Disposal" means the selling, trading, assignment and/or scrapping of Surplus Assets;

"Fair Market Value" means the price that would be agreed to in an open and unrestricted market between knowledgeable and willing parties dealing at arm's length who are fully informed and not under any compulsion to transact;

"Fairness Monitor" means an independent third party to observe all or part of a Bid Solicitation process and provide related feedback on fairness issues;

"Formal Bid Process" means the process for receipt of Bids, as outlined in Section 21;

"Goods" means, in relation to procurement, moveable property (including the costs of installing, operating, maintaining or manufacturing such moveable property), including raw materials, products, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a general construction contract;

"In House Bid" means a Bid made by one or more employees of the Corporation, which process has been authorized by Council, submitted in response to a Bid Solicitation, where the provision of the Goods and/or Services will be provided by the employees of the Corporation;

"Lobbying" means the advocacy of an interest that is affected, actually or potentially by the Bid Solicitation process or individuals involved in the Bid Solicitation process including seeking to influence the outcome of the Bid Solicitation process or subsequent Award.

"Lowest Compliant Bid" means the Compliant Bid that would provide the Corporation with the desired Goods and/or Services at the lowest cost;

"Manager" means an employee of the Corporation holding the position of manager;

"Negotiated Request for Proposal" or "NRFP" means a non-binding flexible format public request for proposal by the Corporation made in accordance with Section 16 of this by-law, seeking proposals to supply Goods and/or Services which may or may not result in an award by the Corporation;

"Negotiation" means a purchasing method whereby the Corporation may negotiate directly with one or more Suppliers with the intent to award a Contract or extend an existing Contract;

"Pre and Post Award Bid Dispute" means a written objection provided to Procurement and Strategic Acquisitions from a Supplier with respect to a Bid Solicitation giving specific reasons for the objection;

"Procurement and Strategic Acquisitions" means that part of the Enterprise Resource Management Services Department and any person with the delegated authority under Section 4.(d) of this By-law, responsible for the Purchase and Disposal of all Goods and/or Services for the Corporation and for the administration of this By-law;

"Professional Services" means those services requiring the skills of professionals for a defined service requirement including but not limited to,

(i) architects, engineers, designers, surveyors, geoscientists, project managers, financial consultants, auditors, accountants, lawyers, and medical professionals such as doctors and dentists;

(ii) firms or individuals having specialized competence in environmental, planning or similar disciplines; and,

(iii) software consultants and any other persons providing similar services;

"Purchase" means to acquire Goods and Services by purchase, rental, lease or trade, including Construction;

"Purchase Order" means a written confirmation of the Purchase of Goods and/or Services at a specific cost;

"Purchase Requisition" means a request for Goods and/or Services for which the Budget has been approved, prepared by a Department and sent to the Procurement and Strategic Acquisitions Division;

"Purchasing" means the process for obtaining Goods and/or Services;

"Quotation" means a binding statement of price, terms of sale and description of Goods and/or Services offered by a Supplier;

"Request for Expression of Interest" or "RFEOI" means a public request made by the Corporation seeking responses from potential Suppliers for the purposes of compiling a list of Suppliers who may be interested in providing Goods and/or Services to the Corporation from time to time. Receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation, but may be a precondition to qualifying for subsequent Bid Solicitations issued by the Corporation;

"Request for Pre-Qualification" or "RFPQ" means a public request by the Corporation made in accordance with Section 10 of this by-law seeking submissions outlining the experience, financial strength, education, background and significant personnel of potential Suppliers who may, from time to time, qualify to supply Goods and/or Services to the Corporation;

"Request for Proposal" or "RFP" means a public request for proposals by the Corporation made in accordance with Section 16 of this By-law, seeking proposals to supply Goods and/or Services which may or may not result in an Award by the Corporation;

"Request for Quotation" or "RFQ" means a request for Quotations by the Corporation for the provision of Goods and/or Services made in accordance with Section 14 of this By-law;

"Request for Tender" or "RFT" means a public request for Tenders by the Corporation made in accordance with Section 15 of this By-law;

"Services" means intangible products that do not have a physical presence and includes Professional Services. No transfer of possession or ownership takes place when services are sold, and they: (1) cannot be stored or transported; (2) are instantly perishable; and (3) come into existence at the time they are bought and consumed;

"Single Source" means the non-competitive procurement process to acquire Goods and/or Services from a specific supplier even though there may be more than one Supplier capable of delivery of the same Goods and/or Services;

"Sole Source" means there is only one source of the Goods and/or Services that meets the requirements of the Corporation;

"Special Circumstance" means:

(i) an event that is exceptional or could not be foreseen and is likely to pose a threat to the health, safety or welfare of the public;

(ii) an event that, unless immediately addressed, is likely to cause significant loss or damage to property;

(iii) an event that has disrupted any essential service that needs to be re-established without delay; or

(iv) an emergency as defined in the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended, or any successor legislation thereto;

"Specialized Services" means those services requiring the skills of trades including, but not limited to electrical, mechanical, drywall, painting, HVAC, roofing, plumbing, electronics, and insulation;

"Supplier" means any individual or organization offering Goods and/or Services including but not limited to contractors, consultants, vendors and service organizations;

"Surplus Assets" means Goods, stocks and other assets, which are obsolete, damaged or surplus to that Department's needs.

"Tender" means a written detailed offer from a Supplier to supply Goods and/or Services to the Corporation;

(b) Schedules "A" and "B" attached hereto form part of this By-law.

3. Application

(a) The policies and procedures outlined in this By-law, including all of the purposes, goals and objectives of Section 1 hereof, shall be followed for the Purchase of all Goods and/or Services by the Corporation or any of its officers, servants and employees.

(b) The Methods of Purchasing set out in Sections 10 to 21, and the Reporting Procedures set out in Section 23, shall not apply to the Purchase and Disposal of those Goods and Services outlined in Schedule "A".

(c) This provision provides authority for the Purchase of Goods and Services outlined in Schedule "A" as long as the funding is available in the Budget.

(d) Any Contracts necessary to complete the Purchase of Goods and/or Services outlined in Schedule "A" shall be signed by the appropriate Document Execution Authority for "Single Source" as set out in Schedule "B", up to the prescribed limits provided that:

(i) the Contract has been prepared in a form satisfactory to the Director of Legal and Court Services;

(ii) any financial securities and insurance required under the Contract are satisfactory to the Director of Legal and Court Services; and

(iii) funding is available in the Budget.

4. Responsibilities and Authorities

(a) The Commissioner of Enterprise Resource Management Services/Treasurer shall have all the necessary authority to administer this By-law and to carry out his or her duties on behalf of the Corporation.

(b) Procurement and Strategic Acquisitions is responsible for and shall have the authority to:

(i) acquire or dispose of Goods and/or Services;

(ii) call, receive, open and review Bids;

(iii) establish administrative procedures and policies for the implementation of this By-law;

(iv) establish, through consultation with the Director of Legal and Court Services, standards for Bid Solicitations, Purchase Orders, Contracts and other documents;

(v) establish, through consultation with the user Department and Director of Legal and Court Services, the terms and conditions of Bid Solicitations;

(vi) provide guidelines on procurement policies and procedures and the structure, format and general content of Bid Solicitations;

(vii) review proposed Bid Solicitations to ensure clarity, reasonableness and quality and advise staff of suggested improvements;

(viii) establish, through consultation with the Director of Financial Management and Planning, policies and procedures to support the Corporation's Purchasing Card Policy #C-F-023, as may be amended;

(ix) act on behalf of the Corporation, the Niagara Regional Police Services Board, and from time to time, other boards and agencies, for the purposes of the Purchase or Disposal of Goods and/or Services;

(x) ensure open, fair and impartial Purchasing processes for Goods and/or Services which could include the services of a Fairness Monitor;

(xi) ensure compliance with this By-law and advise the Commissioner of Enterprise Resource Management Services/Treasurer when there has been non-compliance. The Commissioner of Enterprise Resource Management Services/Treasurer shall take appropriate action to address and correct any non-compliance;

(xii) develop co-operative purchasing plans with other units of government or their agencies or public authorities, where deemed beneficial to the Corporation;

(xiii) promote the standardization of Goods and/or Services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law; and

(xiv) responsible for ensuring that where applicable, all ensuing procurements are compliant with the current and revised values of CETA and CFTA.

(c) The Director of Procurement and Strategic Acquisitions, with the written approval of the Commissioner of Enterprise Resource Management Services/Treasurer, may delegate to an employee or employees, all or part of the authority in Subsection 4(b) above, which authority may be limited to a particular type of Goods and/or Services.

(d) The CAO or Department Commissioner shall appoint in writing, Department Representatives who shall be responsible for the Purchasing of Goods and/or Services and oversight up to the value of their prescribed authority in accordance with Section 4(e).

(e) Department Representatives will also have the following specific responsibilities:

(i) ensuring that all Contract terms and conditions comply with the Bid Solicitation;

(ii) preparing and approving all specifications and terms of reference in consultation with Procurement and Strategic Acquisitions;

(iii) managing Contracts to ensure Goods and/or Services are received by the Corporation and comply with Contract terms and conditions;

(iv) monitoring all Contract expenditures and ensuring that all financial limitations have been complied with and that all accounts are paid within the times set out in the Contract;

(v) monitoring the performance of Suppliers;

(vi) standardizing the use of Goods and/or Services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law; and

(vii) ensuring that all Goods and/or Services Purchased or Disposed have been received and recording receipt in the form prescribed by Procurement and Strategic Acquisitions.

5. Requirement for Approved Funds

(a) Except as provided in Section 17 hereof, the exercise of authority to award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within the Budget.

(b) Where Goods and/or Services are routinely purchased or leased on a multi-year basis, the exercise of authority to award a Contract is subject to the following:

(i) the identification and availability of sufficient funds in appropriate accounts for the current year within the Budget;

(ii) the Goods and/or Services will continue to be required in subsequent years and, in the opinion of the Commissioner of Enterprise Resource Management Services/Treasurer, the required funding can reasonably be expected to be made available; and

(iii) the Contract includes a provision that the supply of Goods and/or Services in subsequent years is subject to the approval by Council of the Budget estimates to meet the proposed expenditures.

(c) The Director of Procurement and Strategic Acquisition, may enter into contractual arrangements on behalf of the Corporation to permit acquisition of goods or services based on per-unit costing basis, without a specific budget and without obligation on the part of the Corporation to purchase specific goods or services until further authorized in accordance with this By-law. This only applies to goods or services that are widely used by the Corporation and the funding is reasonably expected to be available within Department budgets.

6. Trade Agreements

(a) Purchases by the Corporation may be subject to the provisions of trade agreements, including but not limited to CETA and CFTA.

(b) Where an applicable trade agreement supersedes and is in conflict with this By-law, the trade agreement shall take precedence.

(c) Procurement and Strategic Acquisitions shall advise the appropriate Department Commissioner when a Purchase may not conform to an applicable trade agreement as early as possible in the Bid Solicitation process.

7. Advertising of Bid Solicitations

(a) Purchases covered under the monetary thresholds of CFTA shall, at a minimum, be advertised on the Bidding System for a minimum of ten (10) calendar days preceding the stated closing date.

(b) Purchases covered under CETA shall be advertised on the Bidding System for a minimum of twenty-five (25) calendar days preceding the closing date. This requirement may be reduced by Procurement to ten (10) calendar days provided that:

(i) a RFPQ has been previously issued for the Purchase; or

(ii) a notice of planned procurement has been posted for the Purchase using the Bidding System at least forty (40) calendar days (and not more than twelve (12) months) in advance of the Bid posting.

(c) The Corporation shall advertise Bids on any designated electronic Canada-wide single point of access as directed by the Government of Canada.

(d) Any person involved in Purchases may advertise Purchases for lesser amounts and/or on alternative platforms in addition to those prescribed in this section if they determine that it is in the Corporation's best interest to do so.

8. Purchasing Documentation

(a) The use of standard Bid documents shall be approved by Procurement and Strategic Acquisitions and/or Legal and Court Services.

(b) A Bid Solicitation may specify a specific product or brand name to ensure consistency, to minimize risk to the Corporation, or for other valid purposes.

(c) All changes to standard Bid Solicitations and Contracts shall be reviewed and approved by the Director of Legal and Court Services.

(d) Before issuance, all Bid Solicitations shall be reviewed by Procurement and Strategic Acquisitions.

9. Methods of Purchasing

(a) Any person Purchasing or Disposing Goods and/or Services on behalf of the Corporation shall do so using one of the following methods of Purchasing set out in Sections 10 to 20 ("Methods of Purchasing"). The methods may be utilized individually or in combination with one another, as may be appropriate in the circumstances.

(b) All Methods of Purchasing, except for the exemptions in Schedule "A" and Low Value Purchases as described in Section 12, shall be conducted through or reviewed by Procurement and Strategic Acquisitions.

10. Request for Pre-Qualification

(a) Procurement and Strategic Acquisitions may conduct a Request for Pre-Qualification (RFPQ) to develop a list of Suppliers that may be eligible to submit a Bid on subsequent Bid Solicitations or to develop a roster in accordance with Section 20.

(b) Pre-qualification may be considered in the following circumstances:

(i) the work will require substantial project management by the Corporation and could result in substantial cost to the Corporation if the Supplier is not appropriately experienced;

(ii) the Goods and/or Services to be purchased must meet national safety standards;

(iii) the work involves complex, multi-disciplinary activities, specialized expertise, equipment, materials or financial requirements;

(iv) miscellaneous repairs and services as required by the Corporation such as plumbers, electricians, and drywall contractors;

(v) there could be substantial impact on the Corporation's operations if the work is not satisfactorily performed the first time; or

(vi) any other circumstances deemed appropriate by the Director of Procurement and Strategic Acquisitions.

(c) An RFPQ shall be provided to the potential Suppliers setting out the criteria for pre-qualification which may include, but are not limited to:

(i) experience on similar work (firm and staff assigned);

(ii) references provided from other customers for similar work;

(iii) verification of applicable licences and certificates;

(iv) health and safety policies and staff training; and

(v) financial capability.

(d) Supplier submissions will be evaluated and ranked and a short list of pre-qualified Suppliers will be invited to participate in the second step of the two-step Purchasing process, being a Request for Proposal or a Request for Tender.

(e) An RFPQ is not a legal offer but only an invitation for Suppliers to make offers to the Corporation.

(f) All RFPQs shall be conducted in accordance with submission instructions in the Bid Solicitation and advertised in accordance with Section 7 of this By-law.

11. Request for Expressions of Interest

Procurement and Strategic Acquisitions may conduct a Request for Expression of Interest for the purpose of determining the availability of Suppliers and for the purpose of compiling a list of Suppliers and may be used as a specific pre-condition of any Method of Purchasing utilized by the Corporation. The receipt of an expression of interest by the Corporation does not create any obligation between the potential Supplier and the Corporation.

12. Low Value Purchases (Up to $10,000 Excluding Taxes)

Department Representatives are authorized to procure Goods and/or Services up to a total value of $10,000, excluding taxes. Only purchases that can be demonstrated to have been made at Fair Market Value shall be made. Department Representatives may procure Goods and/or Services through the following means:

(a) Purchasing Card used in strict accordance with the Purchasing Card Policy as determined by the Commissioner of Enterprise Resource Management Services/Treasurer.

(b) Purchase Order to the Supplier; or

(c) in limited situations direct invoice from the Supplier approved by the Department Representative with authority to approve the Purchase.

13. Informal Quotations (Purchases Greater Than $10,000 and Not Exceeding $25,000 Excluding Taxes)

(a) For purchases with a total value greater than $10,000 and not exceeding $25,000, excluding taxes, an Informal Quotation method shall be utilized. If possible, at least three (3) written Quotations shall be solicited, analyzed and the results tabulated by the Department Representative. Quotations received shall be evaluated on price and the criteria outlined in the quotation request to determine the preferred Supplier.

(b) The Purchase Requisition shall be prepared by the Department Representative, for signature and approval in accordance with the Purchasing Authorities set out in Schedule "B".

(c) A Purchase Order shall be issued by the Department Representative when it has received all necessary approvals and the Department Representative, after due consideration, is satisfied the process and resulting documents comply with the requirements of Section 13 of this By-law and are consistent with the spirit of this By-law as set forth in Section 1 of this By-law.

14. Request for Quotation (Purchases Greater Than $25,000 and Not Exceeding $100,000 Excluding Taxes)

(a) For purchases with a total value greater than $25,000 and not exceeding $100,000, excluding taxes, a Request for Quotation may be used to Purchase and shall be issued by Procurement and Strategic Acquisitions.

(b) The Department Commissioner or Department Representative shall provide to Procurement and Strategic Acquisitions a Bid Document Form which includes the relevant information such as specifications, provisions, plans and supplemental general conditions for the purchase.

(c) Procurement and Strategic Acquisitions shall conduct the Bid Solicitation using a list of Suppliers compiled by the Department Representative and Procurement and Strategic Acquisitions.

(d) If possible, at least three (3) Quotations shall be solicited by Procurement and Strategic Acquisitions, analyzed and the results tabulated.

(e) All RFQ's shall be conducted by Procurement and Strategic Acquisitions in accordance with Section 21.

(f) Bids received shall be analyzed and evaluated by the Department Representative and Procurement and Strategic Acquisitions using the criteria outlined in the Bid Solicitation.

(g) The Bid results will be reported in accordance with Section 23.

15. Request for Tender (Purchases Greater Than $100,000 Excluding Taxes)

(a) For purchases with a total value greater than $100,000, excluding taxes, a Request for Tender shall be issued through Procurement and Strategic Acquisitions provided that all of the following conditions apply:

(i) two (2) or more sources are considered capable of supplying the Goods and/or Services;

(ii) the Goods and/or Services are adequately defined to permit the evaluation of Tenders against clearly defined criteria; and

(iii) it is intended that the Lowest Compliant Bid will be accepted.

(b) The Department Commissioner or Department Representative shall provide to Procurement and Strategic Acquisitions a Bid Document Form which includes the relevant information such as specifications, provisions, plans and supplemental general conditions for the Purchase.

(c) All RFTs shall be conducted in accordance with Section 21.

(d) All RFTs shall be advertised in accordance with Section 7.

(e) Where an RFPQ has previously been conducted, only pre-qualified Suppliers shall be notified and Bids shall only be accepted from pre-qualified Suppliers.

(f) The Bid results will be reported in accordance with Section 23.

(g) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "B" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "B".

(h) The Corporation shall publish an Award notice using the Bidding System.

16. Request for Proposal or Negotiated Request for Proposal (Purchases Greater Than $10,000 Excluding Taxes)

(a) A Request for Proposal or Negotiated Request for Proposal shall be issued through Procurement and Strategic Acquisitions where the Method of Purchasing meets one or more of the following criteria:

(i) the Purchase is required as a result of a particular problem, requirement or objective;

(ii) the selection of the Supplier depends more upon the effectiveness of the proposed solution, rather than the price alone;

(iii) the precise Goods and/or Services, or the specifications therefor, are not known or are not definable and it is expected that Suppliers will further define them.

(b) The Department Commissioner or Department Representative shall provide to Procurement and Strategic Acquisitions a Bid Document Form which includes the relevant information such as specifications, provisions, plans and supplemental general conditions for the Purchase.

(c) A Request for Proposal or Negotiated Request for Proposal may be reviewed by Regional Council before it is issued where, at the discretion of the CAO and/or the Department Commissioner, the Goods and/or Services to be acquired meet one or more of the following criteria:

(i) Significant value (i.e., exceeding the CAO's execution authority of $5 million);

(ii) Significant public importance;

(iii) Significant complexity or specialization.

(d) Procurement and Strategic Acquisitions shall conduct the Bid Solicitation in accordance with Section 21.

(e) All RFPs and NRFPs shall require Suppliers to submit a Bid in accordance with the instructions contained within the Bid Solicitation.

(f) All RFPs and NRFPs will be evaluated based on the evaluation criteria outlined in the Bid Solicitation by an evaluation team which shall comprise of at least one Department Representative and one representative from Procurement and Strategic Acquisitions whose role shall be limited to overseeing the evaluation process.

(g) All RFPs and NRFPs shall be advertised in accordance with Section 7.

(h) The Bid results will be reported in accordance with Section 23.

(i) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "B" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "B".

(j) The Corporation shall publish an Award notice using the Bidding System.

17. Special Circumstance Purchases

(a) Purchases that are required to respond to a Special Circumstance shall be authorized in accordance with Schedule "B". All such purchases must be reported to Procurement and Strategic Acquisitions on the following business day.

(b) Contracts required to effect Special Circumstance purchases shall be signed in accordance with the Document Execution Authorities set out in Schedule "B".

(c) When a Special Circumstance occurs where compliance with subsection 5(a) of this By-law is not reasonably achievable prior to the acquisition of required Goods or Services, a Contract may notwithstanding subsection 5(a), be awarded, provided that:

(i) The Commissioner of Enterprise Resource Management Services/Treasurer, in addition to all other required Document Execution Authorities otherwise required by this By-law, has consented to the Award;

(ii) The Commissioner of Enterprise Resource Management Services/Treasurer, as soon as possible in the circumstances proceeds with identifying and approving or seeking approval of the funds required to pay for the Purchase required to respond to the Special Circumstance.

18. Single Source Purchases

(a) Bid Solicitations are not required for Single Source Purchases, provided that any of the following conditions apply:

(i) the compatibility of a Purchase with existing equipment, product standards, facilities or service is a paramount consideration;

(ii) a Good or Service is Purchased for testing or trial use;

(iii) there is an absence of competition for technical reasons and the Goods and/or Services can only be supplied by a particular Supplier;

(iv) an unforeseeable situation of urgency exists and the Goods and/or Services cannot be obtained in time by means of open procurement procedures;

(v) the Corporation has a rental contract with a purchase option and such purchase option is beneficial to the Corporation;

(vi) for matters involving security, police matters or confidential issues, in which case a Purchase may be made in a manner that protects the confidentiality of the Supplier or the Corporation;

(vii) there are no bids in response to a Bid Solicitation;

(viii) a roster for Professional Services has been developed in accordance with Section 20 of this By-law.

(b) The Bid results will be reported in accordance with Section 23.

(c) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "B" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "B".

(d) Where required by CFTA legislation, the Corporation shall publish Single Source Awards on the Bidding System.

19. Negotiation

(a) Notwithstanding that Negotiation may be a component of another procurement process, Negotiation may be used for Purchases of Goods and/or Services when any of the following criteria apply:

(i) the required Goods and/or Services are in short supply;

(ii) competition is precluded due to the existence of any patent right, copyright, technical secret or control of raw material;

(iii) a Sole Source is being recommended;

(iv) two (2) or more identical Bids are received;

(v) the Lowest Compliant Bid received meeting all specifications exceeds the Budget amount;

(vi) the extension of an existing Contract would be more effective;

(vii) only one (1) Bid is received in response to a Bid Solicitation;

(viii) the Bid Solicitation process has been cancelled without Award;

(ix) a roster for Professional Services has been developed in accordance with Section 20 of this By-law;

(x) there is Council authorization to do so.

(b) The Bid results will be reported in accordance with Section 23.

(c) All Purchases shall be authorized in accordance with the Purchasing Authorities set out in Schedule "B" and all Contracts shall be signed in accordance with the Document Execution Authorities set out in Schedule "B".

20. Roster for Professional or Specialized Services

(a) An RFPQ or an RFEOI may be conducted for the purpose of developing a roster of qualified Suppliers of Professional or Specialized Services for groups of projects requiring similar and particular expertise. While the use of a roster is strictly optional, the associated RFPQ or RFEOI shall be conducted in accordance with the provisions of this By-law.

(b) The Department Representative shall provide to Procurement and Strategic Acquisitions a Bid Document Form which includes the relevant information regarding the Professional Services or Specialized Services and required expertise.

(c) Procurement and Strategic Acquisitions will prepare the RFPQ or RFEOI, inviting interested Suppliers to submit Bids outlining, among other things, their qualifications, availability, recent project experience, key personnel and roles, and sufficient references satisfactory to the Director of Procurement and Strategic Acquisitions for work of a similar nature.

(d) All RFPQs and RFEOIs shall be advertised in accordance with Section 7.

(e) An evaluation team consisting of members of the requesting Department and Procurement and Strategic Acquisitions shall analyze and evaluate the responses received using the criteria outlined in the RFPQ or RFEOI to select a number of qualified Suppliers of Professional or Specialized Services which shall be placed on a roster.

(f) On subsequent projects, Suppliers of Professional or Specialized Services may be selected from the roster to submit detailed proposals in response to a Bid Solicitation, in accordance with Sections 12 through 16 of this By-law. The requesting Department shall invite Suppliers on the roster to provide Services, using best efforts to equally distribute opportunities amongst the Suppliers on the roster.

(g) Alternatively, a Supplier may be selected from the roster to submit a Bid for Professional or Specialized Services in accordance with Section 18 or 19 of this By-law.

(h) Rosters shall be updated at least once every two (2) years.

21. Formal Bid Process

(a) All Bids (with the exception of Informal Quotations) shall be received by Procurement and Strategic Acquisitions, in accordance with the instructions in the Bid Solicitation, and opened in public at the time and place stated in the Bid Solicitation.

(b) All Bids received shall be opened and the Suppliers name shall be read aloud and recorded. When the Bid Solicitation is for an RFT, the Bid amounts shall also be read aloud and recorded. Bidders shall be instructed that all information in the public opening is not official until the bid documents can be reviewed and verified.

(c) When only one (1) Bid is received, only the Supplier's name shall be read aloud. The Bid amount shall not be read aloud.

22. Co-operative Purchasing

The Commissioner of Enterprise Resource Management Services/Treasurer may enter into arrangements with any government body, ministry, agency, board, corporation or authority on a co-operative or joint basis for Purchases of Goods and/or Services where there are economic advantages in so doing and, where a co-operative or joint basis Purchase occurs, such Purchases are deemed to comply with this By-law. Co-operative purchasing for reporting purposes shall be considered a Request for Proposal or a Request for Tender based on the process undertaken by the originating agency for Purchasing Authorities.

23. Reporting Procedures

(a) Awards in excess of $25,000 which are issued in accordance with Sections 14, 15, 16 and 20 of this By-law shall be reported to the public by Procurement and Strategic Acquisitions using the Bidding System.

(b) The Director of Procurement and Strategic Acquisitions shall collect data and report to Council on Government Procurement and the Secretariat statistics as required for Purchases that are subject to the thresholds of CFTA and CETA.

24. Prescribed Council Approval

Notwithstanding any other provision of this By-law, the following Awards require Council approval:

(a) the recommended Award exceeds the amount budgeted for the Purchase;

(b) the authority to Award has not been expressly delegated to staff of the Corporation; and

(c) the recommended Award is not the Lowest Compliant Bid.

25. Document Execution Authority

Employees or officers of the Corporation identified in Schedule "B" (Document Execution Authority) shall have the authority to execute Contracts and all other documents necessary to effect the Award or Purchase of Goods and/or Services, up to the prescribed limits, provided that the documents have been prepared in a form satisfactory to the Director of Legal and Court Services and that the Award or Purchase complies with this By-law.

26. Financial Securities and Insurance

(a) Procurement and Strategic Acquisitions may require that a Bid be accompanied by a Bid Deposit or other similar security to guarantee that the successful Supplier enters into a Contract with the Corporation.

(b) In addition to the security referred to in Subsection 26(a), the successful Supplier may also be required to provide:

(i) a Performance Bond to guarantee the performance of the Contract;

(ii) a Labour and Materials Bond to guarantee the payment for labour and materials to be supplied in connection with a Contract; and/or

(iii) such further security as Procurement and Strategic Acquisitions deems appropriate in the circumstances.

(c) Prior to the commencement of work, the Supplier shall provide to the Corporation, proof of insurance in accordance with the Bid Solicitation, satisfactory to the Director of Legal and Court Services.

(d) Failure to comply with all terms and conditions of a Bid Solicitation, including failure to provide proof of insurance as required, shall be just cause for cancellation of the Award.

(e) Prior to the Corporation issuing payment to a Supplier, the Supplier shall provide a Certificate of Clearance from the Workplace Safety and Insurance Board confirming all premiums or levies have been paid to the Board to date.

27. Bid Irregularities

(a) Procurement and Strategic Acquisitions will maintain procedures to administer Bid irregularities.

(b) Each Bid Solicitation document issued by the Corporation will outline irregularities with Bid Submissions that may lead to the disqualification of a Bid, or may require corrective action to take place in order to make the Bid compliant. The Bid irregularities and the response that the Corporation would have to each irregularity may change from time to time. The listing of Bid irregularities and responses in a Bid Solicitation document is not intended to be a comprehensive listing of all irregularities.

(c) The process for administering irregularities arising from Bids shall be in the first instance, in accordance with the provisions of the Bid Solicitation and in the event the Bid Solicitation does not provide a full answer to the irregularity in question, then in accordance with the procedures maintained by Procurement and Strategic Acquisitions.

(d) Notwithstanding subsection 27(c), Bid Irregularities shall not be handled in a manner that in the opinion of the Director of Legal and Court Services, the legal liability of the prescribed course of action will create a materially more significant risk of legal liability than an alternative method available to the Corporation.

28. Form of Contract

(a) All Awards shall require the issuance of a Purchase Order.

(b) An Award may require a formal written agreement in addition to a Purchase Order.

(c) A Purchase Order may be used alone when the resulting Contract is straightforward and will refer to the Corporation's standard terms and conditions outlined in the Bid Solicitation.

(d) A formal written agreement satisfactory to the Director of Legal and Court Services shall be used when the resulting Contract is complex or is a result of negotiation.

(e) It shall be the responsibility of Procurement and Strategic Acquisitions in consultation with the Director of Legal and Court Services to determine if it is in the best interest of the Corporation to establish a formal written agreement with the Supplier.

29. Supplier Performance

(a) The Department Representative shall monitor and document the performance of Suppliers providing Goods and/or Services to that Department and shall advise Procurement and Strategic Acquisitions in writing when the performance of a Supplier has been unsatisfactory.

(b) The Corporation may, in its sole discretion, disqualify a Supplier from bidding on any Bid Solicitation or reject a Bid if a Supplier:

(i) has, at any time, threatened, commenced or engaged in legal claims or litigation against the Corporation;

(ii) is involved in a claim or litigation initiated by the Corporation;

(iii) previously provided Goods and/or Services to the Corporation in an unsatisfactory manner;

(iv) has failed to satisfy an outstanding debt to the Corporation;

(v) has a history of illegitimate, frivolous, unreasonable or invalid claims;

(vi) provides incomplete, unrepresentative references, or receives unsatisfactory external and/or internal references in a reference check undertaken by Regional Staff;

(vii) has engaged in conduct that leads the Corporation to determine that it would not be in the Corporation's best interests to accept the Bid.

30. Dispute Resolution

(a) The Corporation encourages competitive bidding and an open, accountable and transparent process for the Purchase of Goods and/or Services.

(b) To maintain the integrity of the Bid Solicitation process, Suppliers who believe they have been treated unfairly in a Bid Solicitation process shall submit either:

(c) A Pre-Award Bid Dispute in writing to the Director, Procurement & Strategic Acquisitions, as soon as possible from the time when the basis for the dispute became known to them, and in cases where a bidder or proponent has been declared non-compliant, no later than five (5) business days after the receipt of such notification.

The Director, Procurement & Strategic Acquisitions may delay an award, or any interim stage of a procurement, pending the acknowledgement and resolution of any Pre-Award Bid Dispute.

The Director, Procurement & Strategic Acquisitions, in consultation with the Director, Legal and Court Services where appropriate, shall conduct a review of the Pre-Award Bid Dispute and determine whether:

(i) To dismiss the Pre-Award Bid Dispute;

(ii) To accept the Pre-Award Bid Dispute and take the appropriate remedial action, including, but not limited to, reinstating the bidder or proponent into the competition or cancelling the call; or

(iii) To have the award made by Regional Council if it is believed that there is a material risk in proceeding with the award.

The bidder will receive a response within ten (10) business days unless a report to Council is required in which case the Bidder will receive a response in thirty (30) business days.

The Director, Procurement & Strategic Acquisitions may adopt and publish such further procedures as are necessary to ensure a timely review and resolution of Pre-Award Bid disputes; or

(d) A Post-Award Bid Dispute to an award decision in writing to the Director, Procurement and Strategic Acquisitions no later than ten (10) business days after the date of the award notification, or where a debriefing has been requested, no later than five (5) business days after such debriefing is received. (The bidder will be entitled to a debriefing within sixty (60) calendar days of award.) Any dispute that is not timely received within these timeframes or not received in writing will not receive further consideration. The Director, Procurement and Strategic Acquisitions will review and respond to the dispute within ten (10) business days of receipt.

Any written dispute with a procurement value over $100,000 that cannot be resolved by the Director, Procurement and Strategic Acquisitions through consultations with the bidder, shall be referred by the Director, Procurement and Strategic Acquisitions to the Commissioner, Enterprise Resource Management Services (ERMS)/Treasurer or their designate(s) for an impartial review, based on the following information:

A Post-Award Bid Dispute would require that the bidder must set out specific detail to the Commissioner, Enterprise Resource Management Services (ERMS)/Treasurer, including:

(i) A specific description of each act or omission alleged to have materially breached the procurement process;

(ii) A specific identification of the provision in the solicitation or procurement procedure that is alleged to have been breached;

(iii) A precise statement of the relevant facts;

(iv) An identification of the issues to be resolved;

(v) The bidder's arguments, including any relevant supporting documentation; and

(vi) The bidder's requested remedial action.

The Commissioner, Enterprise Resource Management Services (ERMS)/Treasurer or designate(s), in consultation with the Director, Legal and Court Services, may set up an independent review team to review the Post-Award Bid Dispute and determine whether to:

(i) Dismiss the Post-Award Bid Dispute; or

(ii) Accept the Post-Award Bid Dispute and direct the Director, Procurement & Strategic Acquisitions to take appropriate remedial action, including, but not limited to, rescinding the award and any executed contract, and cancelling the procurement. This may also require a report to Council on how best to resolve the Post-Award Bid Dispute depending on the material risk of the situation.

The bidder will receive a response within ten (10) business days unless a report to Council is required in which case the Bidder will receive a response in thirty (30) business days.

The Commissioner, Enterprise Resource Management Services (ERMS)/Treasurer may adopt and publish such further procedures as are necessary to ensure an independent and timely review and resolution of Post-Award Bid Disputes.

31. Lobbying Restrictions

(a) Suppliers, their staff members, or anyone involved in preparing a Bid, shall not engage in any form of political or other Lobbying whatsoever or seek to influence the outcome of the Bid Solicitation process or subsequent Award. This restriction extends to all of the Corporation's staff and anyone involved in preparing a Bid Solicitation or participating in a Bid evaluation process, and members of Council.

(b) The Corporation may reject any Bid by a Supplier that engages in such Lobbying, without further consideration, and may terminate that Supplier's right to continue in the Bid Solicitation process.

(c) During a Bid Solicitation process, all communications shall be made through Procurement and Strategic Acquisitions. No Supplier or person acting on behalf of a Supplier or group of Suppliers, shall contact any elected official, consultant or any employee of the Corporation to attempt to seek information or to influence the Award.

(d) Elected officials shall refer any inquiries about a Bid Solicitation process to the Commissioner of Enterprise Resource Management Services/Treasurer.

32. Access to Information

(a) The disclosure of information received relevant to Bid Solicitations or Awards shall be made by the appropriate officers in accordance with the provisions of all relevant privacy legislation including primarily the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended.

(b) All Suppliers who contract with the Corporation shall adhere to or exceed the standards set in the Municipal Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A, or other relevant Ontario or federal privacy legislation or common law as may be passed or amended from time to time, as if they were agents of the Corporation as relates to the confidential and secure treatment, including collection, use, disclosure or retention, of personal (health) information, other confidential information of the Corporation, and all records thereof which they come into contact with in the course of performing Services or providing Goods to the Corporation.

33. Surplus Assets

(a) Directors shall submit to Procurement and Strategic Acquisitions from time to time and upon request, a list of Surplus Assets.

(b) All Surplus Assets shall first be offered to other Departments within the Corporation.

(c) All Surplus Assets not required by any Department of the Corporation may then be offered to area municipalities, agencies and charitable organizations within the Niagara region prior to any public Disposal procedure.

(d) Procurement and Strategic Acquisitions shall have the authority to sell or dispose of all Surplus Assets, by sealed bid, public auction or any other public sale.

(e) The sale of Surplus Assets shall be made to the highest bidder and in accordance with the provisions of this By-law.

(f) The respective capital reserve shall be credited with the net proceeds, if any, from the Disposal of its Surplus Assets unless otherwise agreed.

(g) Surplus Assets shall not be sold directly to an employee or to a member of Council, although this does not prohibit any employee or member of Council from purchasing Surplus Assets being sold through a public process.

(h) Surplus Assets may be donated to non-profit agencies or non-profit institutions for educational or teaching purposes only. Donated items shall not be re-sold. All donated Surplus Assets must be approved by the Department Commissioner.

(i) On termination of their relationship with Niagara Region, any outgoing employee or regional councillor can request the opportunity to Purchase the business laptop computer provided to them. Such Purchases must be approved by the Commissioner of Enterprise Resource Management Services/Treasurer on condition that the computer be at least three years old and the purchaser must pay equal or greater than the market value as determined by the average sale price of similar computers sold over the prior six months through the public auction process or other measure acceptable to the Commissioner of Enterprise Resource Management Services/Treasurer.

34. Compliance

(a) All persons involved in the Purchase or Disposal of Goods and/or Services provided for in this By-law, shall act in a manner consistent with the requirements and objectives of this By-law.

(b) Purchases may not be divided into two (2) or more parts to avoid the requirements of this By-law.

(c) Any Goods and/or Services that are obtained in contravention of this By-law will be subject to investigation by the Corporation, following which the Corporation will take the necessary corrective action.

(d) Any employee of the Corporation who knowingly contravenes this By-law is committing a serious act of misconduct. The Corporation reserves its right to take any action at law against the employee for the misconduct including without limitation, disciplinary action up to and including termination.

(e) Non-compliant Purchases or obligations entered into for a Good or Service can be completed by the Corporation if deemed appropriate to avoid legal jeopardy and/or undue disruption to program delivery. The Director of Procurement and Strategic Acquisitions and the Commissioner of Enterprise Resource Management Services/Treasurer are required to approve all non-compliant exceptions and upon such approval being provided, shall be deemed for the purposes of subsection 34(e) to be in compliance with this By-law.

35. Environmentally Sound Acquisitions

Departments will endeavour to include specifications in Bid Solicitations that provide for energy efficient products, reusable products and products that contain the maximum level of post-consumer waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are competitively priced.

36. In House Bids

In House Bids may be used for the Purchase of Goods and/or Services where:

(a) external Suppliers have also been requested to submit Bids; and

(b) Council has approved a format for the development and submission of the In House Bids.

37. Providing Assistance

The CAO has the authority, provided there is no adverse impact upon the operations of the Corporation, to lend, lease, rent or otherwise provide any vehicle, equipment or other goods owned by the Corporation to any federal, provincial or municipal body, ministry, agency, board, corporation or other public authority when such action is reasonably justified due to unforeseen conditions, and shall report such action to Council forthwith.

38. Conflict of Interest

(a) Personal Purchases shall not be made for any elected or appointed officials, members of a board or commission, or for Corporation officers, employees or their families.

(b) An employee of the Corporation who has the responsibility for declaring Surplus Assets shall not bid on or personally obtain any goods that he or she has declared as surplus.

(c) Every elected official, appointed officer, employee of the Corporation or member of an employee's family is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any Purchase Order or Contract is, or might be awarded, any rebate, gift or money, except:

(i) gifts of a very small intrinsic value; or

(ii) moderate hospitality during the normal course of business that would not significantly exceed what the Corporation, through the employee's expense account, would likely provide in return and would not be perceived by others as influencing the making of a business decision.

(d) All elected officials, officers or employees of the Corporation shall declare any Conflicts of Interest to the Commissioner of Enterprise Resource Management Services/Treasurer and shall have no involvement in a Bid Solicitation process where a real or perceived Conflict of Interest has been found or deemed to exist, including, but not limited to:

(i) requesting the Goods and/or Services, setting the parameters of the Purchase, evaluating Bids or recommending, deciding or making Awards;

(ii) direct contact with those making those Purchasing decisions, both in Procurement and Strategic Acquisitions and the user Department.

(e) Suppliers shall not be allowed to submit a Bid for any Bid Solicitation in which the Supplier has participated in the preparation of the Bid Solicitation, and any such Bid submitted shall be disqualified.

39. Severability

If any Section or Sections of this By-law or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such Section or Sections or parts thereof shall be deemed to be severable and all other Sections or parts of the By-law shall be deemed to be separate and independent therefrom and shall continue in full force and effect unless and until similarly found invalid or beyond the power of Council to enact.

40. By-law Review

The Commissioner of Enterprise Resource Management Services/Treasurer shall review the effectiveness of this By-law at least every five (5) years and report to Council as necessary.

41. Repeal

(a) That By-law No. 02-2016 of The Regional Municipality of Niagara shall be amended effective on the date that this By-law comes into force.

(b) That, notwithstanding Subsection 41(a), By-law No. 02-2016, as amended, of The Regional Municipality of Niagara shall continue to apply to all Bid Solicitations commenced before its amendment.

42. Effective By-law Date

This By-law shall come into force and effect on the day upon which it is signed.

The Regional Municipality of Niagara
Original Signed By: Alan Caslin, Regional Chair
Original Signed By: Ralph Walton, Regional Clerk
Passed: November 12, 2015

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Schedule "A"

The Purchase of the items in this Schedule "A" shall be made in accordance with Section 3 of this By-law.

1. Petty Cash Purchases and Replenishment

2. Training and Education

(a) Conferences, conventions, courses and seminars

(b) Magazines, books, periodicals

(c) Memberships

(d) Staff Development

3. Refundable Councillor and Employees Expenses

(a) Advances

(b) Meal Allowances

(c) Travel and Entertainment

(d) Miscellaneous - Non-Travel

4. Employer's General Expenses

(a) Payroll Deductions Remittances

(b) Medical

(c) Licenses (Vehicle, Firearms, etc.)

(d) Debenture Payments

(e) Insurance Premiums

(f) Grants to Agencies

(g) Damage Claims

(h) Customs Brokerage Fees

(i) Tax Remittances

(j) Regional charges to and from other government bodies

(k) Sinking Fund Payments

(l) Payments for employment

(m) Postage

5. Professional and Special Services

(a) Committee Fees

(b) Medical and Laboratory Services

(c) Fees for professional legal or legal related expert services engaged by Legal and Court Services

(d) Payments to Social Service and Health Agencies that are subject to Purchase of Service Agreements, such as child care providers

(e) Medical and Dental fees

(f) Funeral and Burial expenses

(g) Appraiser Fees

(h) Witness fees

(i) Honorariums

(j) Work payments to Long Term Care Residents

(k) Advertising

(l) Vouchers for all expenses for Social Service Recipients

6. Banking Services and Charges

7. Utilities (monthly charges)

(a) Water and Sewer

(b) Hydro

(c) Gas

(d) Communication Infrastructure Services such as Bell, Cogeco, Rogers, etc.

8. Utilities — Other

(a) Utility relocations

(b) Construction work completed by Railways on property of the Corporation and billed to the Corporation

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Schedule "B": Procurement By-law — Purchasing and Execution Authority

Low Value, Informal Quotation, and Formal Quotation

Method of Purchasing	Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
Low Value (for routine purchases of low dollar value)	Up to $10,000	Department Manager	Department Director	Department Manager
Informal Quotation (obtain, if possible, 3 written quotations for goods and services)	> $10,000 to $25,000	Department Manager	Department Director	Department Manager
Formal Quotation (formal bid solicitation to obtain quotations from at least 3 suppliers)	> $25,000 to $100,000	Department Manager	Department Commissioner	Department Manager

Request for Tender

Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
> $100,000 to $250,000	Department Director	Department Commissioner	Department Manager
> $250,000 to $1 million	Department Commissioner	Department Commissioner and Commissioner of Enterprise Resource Management Services/Treasurer	Department Manager
> $1 million to $5 million	Department Commissioner, and the Commissioner of Enterprise Resource Management Services/Treasurer and the CAO	CAO	Department Director
> $5 million	Council	Regional Clerk and Regional Chair	Department Commissioner

Request for Proposal

Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
> $10,000 to $25,000	Department Manager	Department Director	Department Manager
> $25,000 to $100,000	Department Manager	Department Commissioner	Department Manager
> $100,000 to $250,000	Department Director	Department Commissioner	Department Manager
> $250,000 to $1 million	Department Commissioner	Department Commissioner and Commissioner of Enterprise Resource Management Services/Treasurer	Department Manager
> $1 million to $5 million	Department Commissioner and Commissioner of Enterprise Resource Management Services/Treasurer and the CAO	CAO	Department Director
> $5 million	Council	Regional Clerk and Regional Chair	Department Commissioner

Special Circumstance, Single Source and Negotiation

Dollar Value	Purchasing Authority*	Document Execution Authority	Payment Release Authority
> $10,000 to $25,000	Department Director	Department Director	Department Manager
> $25,000 to $100,000	Department Director and the Manager of Procurement and Department Commissioner	Department Commissioner	Department Manager
> $100,000 to $250,000	Department Director and the Manager of Procurement and Department Commissioner	Department Commissioner and Commissioner of Enterprise Resource Management Services/Treasurer	Department Manager
> $250,000 to $1,000,000	Department Commissioner and the Director of Procurement and Strategic Acquisitions and Commissioner of Enterprise Resource Management Services/Treasurer	Department Commissioner and CAO	Department Director
> $1,000,000	Council	Regional Clerk and Regional Chair	Department Commissioner

* "Purchasing Authority" means those positions listed, and includes any position which is higher in the Corporation's reporting structure.