Town of Point Leamington Policy Manual 2025 — Waste Disposal Policy (s.76)
Point Leamington, Newfoundland and Labrador
· adopted 2025-03-10
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Town of Point Leamington
Policy Manual 2025
Adopted March 10, 2025
Town of Point Leamington
Policies
Page
Accessibility Policy
1
Accountability and Transparancy
2
Alcoholic Beverages
3
Ambulance
4
Animals
5
Buildings
6-7
Code of conduct- councilors
8-19
Code of conduct - Municipal Officials
20-31
Council Matters
32-33
Council Rules of procedure
34-42
Christmas Light Up
43
Disability
44
Donations
45
Employees
46-47
Finance
48
Fire Department
49-50
Harassment
51-52
Heritage Council
53
Honoraria
54
Land/Property
55
Marina
56
Office Fees
57
Pandemics
58-60
Parks
61
Parks & Rec. Committee
62-63
Point Leamington Day
64
Projects
65
Purchasing
66
Rentals
67
Roads
68
Smoking
69
Snow Clearing
70
Street Lighting
71
Taxation collection
72
Travel
73
Vehicles/Equipment
74
Volunteers
75
Waste
76
Water/Sewer
77-78
(1)
Accessibility
(added March 19, 2024)
The Town of Point Leamington is committed to fostering a community where people of
all abilities can participate in every aspect of public life. All members of our community
have the right to access municipal services, supports, spaces and programs in ways
that promote independence and dignity.
The Town of Point Leamington is committed to meeting the needs of people with
disabilities in a timely manner. We will do so by removing and preventing barriers to
accessibility and by meeting our accessibility requirements under Newfoundland's
accessibility laws.
(2)
Accountability and Transparency Policy
(March 10, 2025)
Purpose:
The Purpose of this policy is to reinforce the town's commitment to open government,
ensuring that all public actions, decisions, and policies are conducted in an environment
of openness and responsibility. This commitment is fundamental to fostering trust
between the town government and its residents, and to promoting informed public
participation.
Statement:
- The town government is committed to upholding both transparency and
accountability as core principles in all operations.
- Information regarding town operations, including meeting minutes, budgets, and
policy changes, will be made readily available to the public.
- Decision-making processes will be clearly documented and communicated to
ensure that residents understand how and why decisions are reached.
Definitions:
➢ Transparancy is defined as the openness and clarity with which government
activities are conducted. It requires that all decisions, policies, and actions be
made accessible to the public in a timely and understandable manner.
Transparency entails providing information to residents about how and why
decisions are made, thereby facilitating informed community engagement and
oversight.
➢ Accountability is defined as the obligations of public officials and institutions to
answer for their actions and decisions. This includes a commitment to being
responsible for the outcomes of those actions, providing justifications for
decisions made, and accepting responsibility for any errors or misconduct.
Accountability is achieved through regular reporting, oversight mechanisms, and
opportunities for feedback and redress from the public.
(3)
Alcoholic Beverages (Town Premises)
There will be no sale of alcoholic beverages from any town premises without the
appropriate license being obtained. All licenses must have prior approval of Council.
(4)
Ambulance
NL Health Services is responsible for all relations regarding the Ambulance Service.
The Town council will rent out the bay to house the Ambulance. Rental will be reviewed
annually. (Revised March 10. 2025).
(5)
ANIMALS
Adoption of Animal Protection Act and Dog Act.
New Dog Control - regulations adopted.
Cattle, chickens, horses and all other farm animals are to be enclosed in a fenced area
100 feet from property line and/or a minimum of 200 feet from residential housing.
(Revised March 10, 2025).
(6)
BUILDINGS
Adoption of Building Act. (Attached)
Town is not in a position to provide Building Inspections. Every permit holder is
responsible to comply with all Government Regulations according to the Building Act.
Frontage for new building lots is a minimum of 50 feet.
Permits are not required for interior work on buildings unless original purpose for the
building is changed. Permits will expire December 31.
Applications for non-residential housing are to be submitted, along with plans to Fire
Commissioner for approval. Buildings with three or more family units are to go to the
fire commissioner for approval.
Anyone in town moving a building is to ensure all permits are in order. The town will not
be liable for any damages that may occur.
Maintenance personnel to check on all building permits to see that application
conditions have been met (including overhead wires). A follow-up visit will be made
after completion of construction
Number of feet to build from a main water line is 20 feet.
There is to be no building, structure or items of any kind on our service lines. (Revised
February 27, 2023)
Residential and commercial buildings must be 5 feet from the property line and all
secondary buildings (sheds/garages) can be 2 feet from the property line with a one-foot
eave.
No construction or digging to start unless a permit has been issued. Permits are
required for construction, reconstruction and excavation. (Revised Feb.1, 2021).
Residents will incur a $ 100.00 charge, when permits for any work that has been started
have not been received and or approved by town office. (Revised Feb.1, 2021).
All commercial buildings must have a "permit to occupy" from Council.
Approval must first be received from Government Services and Lands.
All construction, including structures placed on land has to be up to presentable
appearances.
(7)
Sea Can containers may be approved for placement on property within town. A building
application for sea cans must be provided to council for review. (Revised March 28,
2024).
(8)
Code of Conduct for Councillors
Part 1: Code of Conduct for Councillors
1. Authority
This Code of Conduct Policy is required by Section 12 of the Municipal Conduct Act (the
"Act"). Pursuant to section 18(9) of the Act, where this code is amended, municipal officials
shall be notified within one month of the changes being made.
2. Definitions
2.1. "Business day" means a day that is not a Saturday, Sunday, or a holiday.
2.2. "Complainant" means any Person making a Complaint including members of the
public.
2.3. "Confidential information" means: information in the custody and/or control of the
municipality that is prohibited from disclosure pursuant to legislation or court order
or any other information regarding to the business of the municipality generally
considered to be of a confidential nature, including, but not limited to:
a)
information of which the confidentiality is protected by law;
b)
personal information that is protected under the Access to Information and
Protection of Privacy Act, 2015;
c)
information that could cause financial loss or gain to a person or the town,
or could jeopardize negotiations leading to an agreement or contract;
d)
the proposed or pending acquisition or disposition of land;
e)
information that could violate the confidentiality of information obtained from
the Government of Canada or from the government of a province or territory;
f)
information concerning legal opinions or advice provided to the town council
by its lawyer or privileged communications between lawyer and client in a
matter of town business;
g)
litigation or potential litigation affecting the town or a municipal service
delivery corporation or a matter before a board, commission or tribunal that
affects the town or a municipal service delivery corporation;
h)
the access to or security of buildings and other structures occupied or used
by the town or access to or security of systems of the town, including
computer or communication systems;
(9)
i)
information gathered by the Royal Canadian Mounted Police and Royal
Newfoundland Constabulary, in the course of investigating any illegal activity
or suspected illegal activity, or the source of that information; or
j)
labour and employment matters, including the negotiation of collective
agreements.
2.4. "Councillor" means an elected or previously elected member of a town or city council,
including, the Mayor and Deputy Mayor.
2.5. "Chief Administrative Officer" (CAO) refers to the person appointed to the position of
Manager under the Local Towns and Service Districts Act In the event a
municipality has not established the position of Town Manager/CAO, the duties of
the CAO under this Code of Conduct shall be performed by the Town Clerk.
2.5.1. Through a motion of council, the Council shall determine an alternate employee,
councillor or third party should the CAO be unable to perform the functions
prescribed in the Code of Conduct Policy.
2.6. "External Investigator" means an independent, qualified third party hired to
investigate a Complaint and submit a report to council.
2.7. "Harassment" means inappropriate vexatious conduct or comment by a person to a
worker that the person knew or ought to have known would cause the worker to be
humiliated, offended, or intimidated.
2.8. "Informal resolution" is intended to be an expeditious process which, if successful,
may allow for an issue to be resolved for both parties without the need of a formal
decision of council. This process would help to restore a professional municipal
relationship, and/or allowing both sides to better understand each other.
2.9. "Information Package" contains the submitted complaint, response to the complaint
and any other information requested by council.
2.10.
2.11. "Municipal Official" means, unless the context indicates otherwise, an employee of
a municipality, including the Town Manager and Town Clerk, fire chiefs, fire fighters
and all volunteers authorized by the municipality.
3. Application
This Code of Conduct applies to councillors acting in their official capacity as councillors, as
well as a councillors off duty conduct that is sufficiently connected to the office of councillor
which could reasonably discredit the reputation of the municipality.
4. Standards of Conduct:
(10)
4.1. Standards of Professional Behaviour
Councillors are encouraged to communicate inclusively to promote equity and the equal
participation of the general public, council, and all municipal officials.
4.1.1. Councillors must reasonably abide by the Council's Rules of Procedure.
4.1.2. Councillors must be respectful of the presiding officer, their colleagues, staff,
and members of the public at all times, including during all council meetings and
proceedings of the municipality.
4.1.3. Councillors must be prepared for meetings, aware of agendas, informed of
issues, and contribute to debate in a manner that is meaningful, candid, honest,
respectful, and equitable.
4.1.4. Councillors must act in a manner which supports respectful, transparent, and
informed debate.
4.1.5. Councillors must use language which is inclusive, respectful, and refrain from
using language which could be interpreted as abusive or disrespectful.
4.1.6. Councillors must conduct their official duties in a manner which does not bring
disrepute to their position, the Council, or the municipality.
4.1.7. Councillors must not make statements which are oppressive, or discriminatory.
4.2. Use of Influence
4.2.1. Councillors must only use the influence of their position for the exercise of their
official duties.
4.2.2. Councillors must not use their authority or influence in a manner that could
reasonably be perceived as threatening, coercing, or improperly influencing the
actions of a municipal official or in a manner which interferes with the municipal
official's responsibilities.
4.2.3. Councillors are prohibited from accepting gifts, favours, or free or discounted
services from any individual, vendor, contractor or others which could
reasonably be perceived to show undue favour, bias, or disadvantage to any
individual or organization or could reasonably be perceived to place the
councillor in a conflict of interest.
4.2.4. Councillors must not communicate on behalf of the Municipality unless
authorized by council or by virtue of a position or role the councillor has been
authorized to undertake by council.
(11)
4.3. Misuse of Public Assets and Fraud
4.3.1. Subject to the Councillor Remuneration Regulations, 2001, Councillors must
report all expenses promptly, accurately, provide adequate detail, and shall
maintain all receipts, invoices, and other relevant financial records and details
when claiming expenses.
4.3.2. Councillors must ensure that the business of the municipality is conducted
efficiently and must avoid waste, abuse, and extravagance in the provision and
use of municipal resources.
4.3.3. Councillors must not request, use, or permit the use of municipal-owned
vehicles, land, equipment, materials and other property for personal
convenience, profit, or any action in violation of Section 5 of the Municipal
Conduct Act.
4.4. Confidentiality
4.4.1. Councillors must keep confidential any matters discussed in privileged/closed
meetings of the town council or town council committee meetings until such time
as the matter is discussed at a town council meeting held in public, except as
required by law or as authorized by the Municipality to do so.
4.4.2. Councillors must not use confidential information or official information which is
not in the public domain for personal or private gain, the private gain of others,
or a corporation.
4.4.3. The collection, protection, access, use, disclosure, and disposal of personal
information, including a submitted complaint, may only occur in compliance with
the Access to Information and Protection of Privacy Act, 2015 (ATIPPA,
2015).
4.4.4.
4.5. Social Media/Public Commentary
4.5.1. Councillors must not engage in conduct on social media platforms or otherwise
engage in public commentary in a manner which would bring the integrity of
themselves, the council, or the Municipality into disrepute.
4.5.2. Councillors must conduct municipal business through official accounts.
4.6. Harassment and bullying
(12)
The obligations in this section are not intended to fulfill the requirement of a municipality
as an employer to implement and maintain a Harassment Prevention Plan, under Section
24.1 of the Occupational Health and Safety Regulations.
If a complaint relates to harassment, the CAO shall refer to the adopted Harassment
Prevention Plan and if necessary, contact OHS for guidance. Depending on the outcome
of the process, penalties may be applied pursuant to the Municipal Conduct Act and
Regulations.
4.6.1. Harassment may include, but may not be limited to:
1. Abuse of authority - harassment that occurs through a use of authority
serving no legitimate work-related purpose or any legitimate exercise of
authority permitted by law and duly authorized by Council.
2. Discriminatory harassment - harassment that is based on actual or perceived
prohibited grounds of discrimination as outlined in the Human Rights Act,
2010, such as race, colour, nationality, sex, sexual orientation, gender
identity, gender expression, marital status, family status, source of income, or
political opinion.
3. Sexual harassment - harassment which is gender-based or of a sexual
nature.
4. Bullying - a repeated pattern of mistreatment aimed at a specific person or
group.
4.6.2. While conducting municipal business, all members of Council shall ensure that
their work environment is free from discrimination, bullying, intimidation and
harassment.
4.7. Legislative Compliance
4.7.1. A councillor must reasonably comply with all obligations imposed on councillors
by legislation, regulation, and municipal policy and procedures.
4.8. No Adverse Actions or Reprisals
4.8.1. Council or councillors must take no action, and must, to the best of their ability,
ensure no action is taken, which would be reasonably perceived as a reprisal
against any person acting in good faith who brings forward a complaint or
information which leads to a complaint.
4.9. Allegations in Bad Faith
(13)
4.9.1. A councillor or municipal official shall not file a complaint under this policy,
which is retributive, made in bad faith, or with malicious intent. A complaint
will not be deemed to be retributive, made in bad faith, or malicious solely
because it is ultimately determined to be unfounded.
4.10. Investigation
4.10.1. A councillor shall not hinder, obstruct, attempt to obstruct, interfere with,
threaten, harass, or fail to cooperate with a person investigating under the Act
and regulations, and this Code of Conduct.
Part 2: Code of Conduct Complaint Process
Submitting a Complaint
1. Where a person(s) is of the opinion that a Councillor(s) has violated the Municipal Conduct
Policy for Councillors, then a complaint filed under this Code of Conduct shall be filed with
the Chief Administrative Officer (CAO).
2. A complaint shall be in writing and shall include the following information (See Annex A):
-
The complainant's name and contact information;
-
The names of the person(s) the complaint is about;
-
A summary of the complaint, and any steps taken to resolve it;
-
The date the alleged breach of the code occurred, applicable legislative sections
perceived as violated, if known;
-
A description of how the complaint can be resolved informally (See Option 1, if
applicable); and
-
Any other information deemed necessary by the CAO.
3. A CAO may accept a complaint confidentially where, in the CAO's opinion, it is reasonable
to do so, considering the public interest. In addition, a complaint may be made by other
means where the complainant has a limited ability to read or write English or has a
disability or condition that impairs their ability to make a written complaint.
4. A complainant may withdraw their complaint to the CAO, at any time, in writing or by other
means as per section 3.
5. A person may file a complaint within 6 months of becoming aware of a Code of
Conduct violation. The CAO may accept complaints outside of that timeframe in
instances of harassment, bullying, financial impropriety, or where it is reasonable to
do so, taking into account the public interest.
(14)
Responding to a Complaint:
1. CAO receives complaint.
1.1. Where the CAO cannot act on the complaint process due to conflict-of-interest
provisions, then the town shall delegate an alternate or seek legal advice to support
the complaint process.
1.2. Where a complaint alleges criminal behaviour, or at any point it becomes apparent
that criminal behaviour may have occurred, the CAO may seek legal guidance. If the
CAO forwards the submitted complaint to the appropriate law enforcement agency,
then the CAO shall immediately schedule a privileged/closed meeting where council
is notified that a complaint has been subsequently referred.
The Complainant will be notified in the event it has been referred to a law enforcement
agency.
1.3. If a complaint relates to harassment, the CAO shall refer to the adopted Harassment
Prevention Plan and if necessary, contact OHS for guidance. Depending on the
outcome of the process, penalties may be applied pursuant to the Municipal
Conduct Act and Regulations.
The Complainant will be notified should it be supported by the Harassment
Prevention Plan.
2. The CAO shall send a copy of the complaint to the councillor(s) no later than five (5)
business days after receipt of the complaint.
3. The councillor(s) may provide a written response respecting the complaint to the CAO no
later than 10 business days after receipt of a copy of the confidential complaint.
3.1. The councillors may include the following (See Annex B):
-
The councillors name and contact information;
-
A response to the complaint;
-
Supportive of an informal resolution: See Option 1 (Internal);
-
If applicable, a description of how the complaint can be resolved informally; and
-
Any other information deemed necessary by the councillor.
4. The CAO may extend the timeline for a written response and shall ensure all parties are
aware of the extension.
5. Where the councillor provides a written response, the CAO shall send a copy of the written
response to the complainant within five (5) business days after receipt of the written
response.
(15)
6. CAO may decide to group similar code of conduct complaints and shall notify the
complainant(s) and councillor(s).
Code of Conduct Complaint Resolution:
Option 1: Informal Resolution (Internal)
The informal resolution applies to internal disputes. If both the Complainant(s) and the
Councillor(s) consent, then the CAO may initiate informal dispute resolution. This is the
preferred option to support internal complaints. External complaints would typically be
addressed under Option 2: Referral to Council.
The CAO should refrain from providing a recommendation to the council regarding the merits
of a code of conduct complaint.
1. Informal resolution efforts shall be concluded within 20 business days of the initial
complaint and may be extended for additional business days with consent of both parties
and approval of the CAO.
2. Informal resolution must not be used where there is a significant power imbalance
between the complainant and the councillor(s), where there is a reasonable apprehension
of harm, where the allegations involve issues of financial impropriety, sexual harassment,
violence, criminality, where either party does not consent, or where other circumstances
would prevent the success of informal resolution.
3. If the complainant is satisfied by the outcome of the informal steps taken to resolve the
matter, then the complainant may confirm the complaint was successfully resolved,
otherwise refer to Option 2.
4. As per sections 14 (2) of the Act, where a complaint is successfully resolved the CAO
shall inform council during a privileged/closed meeting that a complaint was made by was
successfully resolved through the informal resolution process.
5. If complaint has been withdrawn, the Councillor(s) should be notified.
Option 2: Referral to Council
The CAO should refrain from providing a recommendation to the council regarding the merits
of a code of conduct complaint. Option 2 should reasonably address most submitted
code of conduct complaints.
1. Where informal resolution was not an option or the complainant and/or councillor was not
satisfied with the outcome.
2. Then, within 30 business days of receiving the initial complaint, the CAO shall:
2.1. prepare an information package regarding the complaint;
2.2. refer the complaint to council during a privileged/closed meeting;
(16)
2.3. provide a copy of the information package to the council during a privileged/closed
meeting; and
2.4. provide written notice of the referral to the complainant and the councillor.
3. A referral to the council may be reasonably extended for additional business days. The
councillor and complainant shall be notified of the extension.
4. No later than 10 business days after council receives the confidential information
package, then the council shall schedule a regular or special meeting. The information
package is discussed during a privileged/closed meeting of council.
4.1. While recognizing legislated conflict of interest provisions, the council may allow a
statement from the complainant(s) and councillor(s) in a privileged/closed meeting.
5. Following the review of the information package during a privileged/closed meeting, the
council shall open the meeting to the public and shall, by resolution:
5.1. re-direct to the CAO for additional information;
5.2. proceed with Option 3: order a third-party investigation via a motion of council;
5.3. dismiss the complaint; or
5.4. decide if the councillor violated the Councillor Code of Code Policy.
6. If the council finds a councillor(s) contravened the code, the council shall, during a public
council meeting, by resolution, take an action as set out in Section 15 (Penalties) of the
Municipal Conduct Act.
7. The CAO shall notify the complainant(s) and Councillor(s) with the decision of council.
Option 3: Formal Investigation, if required
The CAO should refrain from providing a recommendation to the council regarding the merits
of a code of conduct complaint. This option is typically reserved for serious complaints
in which council requires an External Investigator to support the decision-making
process.
1. Where the complaint was not resolved utilizing Option 1 or 2, then council can determine
to engage an external investigator through a motion of council.
2. There shall be 40 business days to conclude an investigation from the date the informal
resolution period has expired.
2.1. Upon request of the external investigator, the council may approve up to 30 more
business days for the investigation.
3. The external investigator will prepare a written report for the council. The report should
outline the investigative process, facts, analysis, test (an assessment of the information
relative to the Code of Conduct), conclusion, and recommendations. The format is
determined by the investigator.
(17)
4. The council shall review the report at a privileged/closed meeting,
4.1. While recognizing legislated conflict of interest provisions, the council may allow for
a statement from the complainant(s) and councillor(s) in a privileged/closed meeting.
5. Following the review of a report, the council shall open the meeting to the public and shall,
by resolution:
5.1. Dismiss the complaint; or
5.2. Make a determination that the councillor contravened the code of conduct.
6. If the council finds that a councillor contravened the code, the council shall, during a public
council meeting, by resolution, take an action as set out in Section 15 (Penalties) of the
Municipal Conduct Act.
7. The CAO shall notify the complainant(s) and Councillor(s) with the decision of council.
Resolution/Motion:
_______________________
Date Approved by Council:
_______________________
Signature of Mayor:
_______________________
Signature of CAO/Town Clerk: _______________________
ANNEX A: Complaint Form
Part 1: The complainant's name
and contact information.
Part 2: The names of the
person or persons the complaint
is about.
Part 3: A summary of the
complaint, and any steps taken
to resolve it.
Part 4: The date that the
alleged breach of the code
occurred, applicable legislative
sections which were perceived
to be violated, if known.
Part 5: A description of how the
complaint can be resolved
informally, if applicable.
Part 6: Any other information
deemed necessary by the CAO.
Name of Complainant:
Date of Complaint:
Click or tap here to enter text.
ANNEX B: Councillor Response Form
Part 1: The Councillor's name
and contact information.
Part 2: A response to the
complaint.
Part 3 (Internal only):
Supportive of an informal
resolution to resolve complaint
(YES/NO)
Part 4: Any other information
deemed necessary by the CAO.
Date of Response:
Click or tap here to enter text.
(20)
Code of Conduct - Municipal Officials
Town of Point Leamington
1. Introduction
The purpose of this Code of Conduct is to establish rules of conduct for municipal officials. Part
III of the Municipal Conduct Act, 2022 (the Act), requires that municipalities establish a Code
of Conduct to govern the conduct of municipal officials and sets out minimum requirements for
the Code of Conduct.
Municipal officials are expected to conduct themselves ethically and professionally, and in
accordance with this Code of Conduct. The principles underlying the Code of Conduct are
integrity, honesty, impartiality, responsibility and accountability
2. Application
This Code of Conduct applies to municipal officials acting in their official capacity as municipal
officials, as well as a municipal official's off-duty conduct that is sufficiently connected to their
position or that could reasonably discredit the reputation of the Municipality.
For the purpose of this Code of Conduct, Municipal Official is defined to mean a chief
administrative officer, an employee of a municipality, or any person acting with or without
remuneration, under the direction of a municipality, including fire chiefs and fire fighters
providing services for or to a municipality.
This Code of Conduct is intended to set out the expectations on municipal officials, and to be
read in conjunction with any applicable employment policies or collective agreements. Nothing
in this Code of Conduct is to be read in a way to limit an employer's ability to manage the
workplace or discipline employees for a breach of this Code of Conduct, regardless of whether
a complaint has been made, in accordance with applicable labor and/or employment law.
Interpretation: For the purpose of this policy, Chief Administrative Officer of CAO refers to the
person appointed to the position of Manager under the Municipalities Act, 1999. In the event a
municipality has not established the position of a town manager, the duties of the CAO under
this Code of Conduct shall be performed by the Town Clerk.
PART I
Standards of Conduct
3. Standard of Conduct:
3.1. Standards of Professional Behavior
(21)
3.1.1. Municipal officials must adhere to the policies and procedures of the
Municipality.
3.1.2. Municipal officials must work in the best interest of the municipality without regard
for their personal interests.
3.1.3. Municipal officials must act competently and diligently and perform at a level
expected of those working in the public interest.
3.1.4. Municipal officials shall respect other municipal officials, Council, councilors, and
members of the public.
3.1.5. Municipal officials must use language which is inclusive, respectful, and refrain
from using language which could be interpreted as abusive or disrespectful.
3.1.6. Municipal officials must, in private and public, conduct themselves in a manner
which does not bring disrepute to themselves, their position, the Council, or the
municipality.
3.1.7. Municipal officials may not make decisions, take positions, or make statements
which are unreasonable, unjust, arbitrary, oppressive, or discriminatory.
3.2. Use of Influence
3.2.1. Municipal officials must only use the influence of their position for the exercise of
their official duties.
3.2.2. Municipal officials must not use their authority or influence in a manner that could
reasonably be perceived as threatening, coercing, or improperly influencing the
actions of any person.
3.2.3. Municipal officials are prohibited from accepting gifts, favors, or free or
discounted services from any individual, vendor, contractor, or others which could
reasonably be perceived to show undue favor, bias, or disadvantage to any
individual or organization or could reasonably be perceived to place the official in a
conflict of interest.
3.3. Misuse of Public Assets and Fraud
(22)
3.3.1. Municipal officials must report all expenses promptly, accurately, provide
adequate detail, and shall maintain all receipts, invoices, and other relevant
financial records and details when claiming expenses.
3.3.2. Municipal officials must conduct the business of the municipality in a manner that
is efficient and must avoid waste, abuse, and extravagance in the provision and
use of municipal resources.
3.3.3. Municipal officials must not request, use, or permit the use of municipal-owned
vehicles, land, equipment, materials, or other property for personal convenience or
profit, except where such privileges are granted to the general public, or except
where authorized by Council or the CAO.
3.4. Confidentiality
3.4.1. Municipal officials must not disclose confidential information obtained in the
course of their duties, except as required by law or as authorized by the Municipality
to do so.
3.4.2. Municipal officials must not use confidential information or official information
which is not in the public domain for personal or private gain, the private gain of
others, or a corporation.
3.4.3. The collection, protection, access, use, disclosure, and disposal of personal
information may only occur in compliance with the Access to Information and
Protection of Privacy Act, 2015.
3.4.4. Confidential information means: information in the custody and/or control of the
municipality that is prohibited from disclosure pursuant to legislation or court order
or any other information that pertains to the business of the municipality generally
considered to be of a confidential nature, including, but not limited to:
k) Any matter that falls under the exceptions to disclosure identified in
the Access to Information and Protection of Privacy Act
(ATIPPA), whether or not a request for access has been made;
l)
Personal information which would constitute an unreasonable
invasion of privacy;
m) Potential acquisitions or disposition of real property;
(23)
n) Information which would reveal the substance of deliberation of a
privileged meeting;
o) Pending contracts including tenders, requests for proposals
(RFPs), and records related to potential procurement;
p) Draft documents and legal instruments including reports, policies,
bylaws and resolutions that have not been the subject matter of
deliberation in a meeting open to the public;
q) Employment and collective bargaining matters;
r)
Legal matters;
s) Law enforcement matters.
3.5. Social Media
3.5.1. Municipal officials must not engage in conduct on personal or official social media
platforms which would bring the integrity of themselves, the council, or the
Municipality into disrepute.
3.5.2. Municipal officials must, where possible, conduct municipal business with
residents through official accounts and devices and avoid conducting municipal
business on personal devices or through personal accounts.
3.6. Harassment and bullying
3.6.1. The obligations in this section are not intended to fulfill the requirement on a
municipality as an employer to implement and maintain a harassment prevention
plan, under section 24.1 of the Occupational Health and Safety Regulations.
3.6.2. Municipal officials must not engage in harassment or bullying.
3.6.3. All municipal officials shall treat members of the public, one another, staff, and
volunteers appropriately and without abuse, bullying or intimidation, and to ensure
that their work environment is free from discrimination, bullying and harassment.
3.6.4. Harassment is defined as any objectionable or offensive behavior that is known
or ought reasonably to be known to be unwelcome. Harassment may be intended
or unintended. Harassment may include, but may not be limited to:
a) Abuse of authority - harassment that occurs through a use of
authority serving no legitimate work purpose.
(24)
b) Discriminatory harassment - harassment that is based on actual
or perceived prohibited ground of discrimination as outlined in the
Human Rights Act, 2010, such as race, color, nationality, sex,
sexual orientation, gender identity, gender expression, marital
status, family status, source of income, or political opinion.
c) Sexual harassment - harassment which is gender-based or of a
sexual nature.
d) Bullying - a repeated pattern or mistreatment aimed at a specific
person or group.
3.7. Legislative Compliance
3.7.1. A municipal official must reasonably comply with all obligations imposed on the
municipal official by legislation, regulation, and municipal policy and procedures,
including but not limited to:
a) Towns and Local Service Districts Act;
b) Municipal Conduct Act;
c) Municipal Elections Act;
d) Public Procurement Act;
e) Urban and Rural Planning Act, 2000;
f) Access to Information and Protection of Privacy Act, 2015;
g) Occupational Health and Safety Act;
h) Human Rights Act, 2010; and
i) Any accompanying regulations
3.8. No Adverse Actions or Reprisals
3.8.1. Municipal officials must take no action, and must to the best of their ability ensure
no action is taken, which would be reasonably perceived as a reprisal against any
person acting in good faith who brings forward a complaint or information which
leads to a complaint.
3.9. Allegations in Bad Faith
(25)
3.9.1. A municipal official shall not file a complaint under this policy which is retributive,
made in bad faith, or with malicious intent. A complaint will not be deemed to be
retributive, made in bad faith, or malicious solely because it is unfounded.
3.10.
Investigation
3.10.1. A municipal official shall not hinder, obstruct, attempt to obstruct, interfere with,
threaten, harass or fail to cooperate with a person conducting an investigation under
the Act, regulations, and this Code of Conduct.
4. Conduct Complaint and Investigation Procedure
4.1. Process
4.1.1. When a complaint is submitted alleging a breach of conduct under sections 3.2
(use of influence), 3.3 (use of public resources or fraud), or 3.6 (harassment and
bullying) the Chief Administrative Officer (CAO) shall follow the procedure set out
here.
4.1.2. When a complaint is received regarding another section of the Code of Conduct,
the procedure followed is subject to the discretion of the CAO.
4.2. Receiving a Complaint
4.2.1. A complaint filed under this Code of Conduct shall be filed with the CAO.
4.2.2. In the event that the complainant or respondent is the CAO, the complaint shall
be filed with the mayor.
4.2.3. Where the complainant or respondent is the CAO, the following process will still
apply, but the mayor will act as the CAO for the purpose of administering the
complaint.
4.2.4. The complaint shall be in writing.
4.2.5. Notwithstanding section 4.2.4 a complaint may be made by alternate means
where the complainant has a limited ability to read or write English or has a disability
or condition that impairs their ability to make a complaint.
(26)
4.2.6. A complaint shall include the following:
- The complainant's name;
- The names of the person or persons the complaint is about;
- A summary of the complaint, and any steps taken to resolve it;
- The date that the breach of the Code of Conduct occurred, if known;
and
- A description of how the complaint can be resolved, if applicable.
4.2.7. Notwithstanding section 4.2.6, a CAO may accept a complaint confidentially
where, in the opinion of the CAO, it is reasonable to do so, taking into account the
public interest.
4.2.8. A complainant may withdraw their complaint in writing or by other means as per
section 4.2.5. Notwithstanding, the CAO or investigator may continue investigating
where it is reasonable to do so, taking into account the public interest.
4.2.9. Where a complaint is received alleging criminal behavior, or at any point it
becomes apparent that criminal behavior may have occurred, the CAO shall
immediately contact law enforcement, and notify the Department of Municipal and
Provincial Affairs through the Minister's Office.
4.2.10. A person may file a complaint within 6 months of becoming aware of a Code of
Conduct violation. The CAO may accept complaints outside of that timeframe in
instances of harassment, bullying, use of public resources or fraud, or where it is
reasonable to do so, taking into account the public interest.
4.3. Informal Resolution
4.3.1. Where the CAO determines the complaint to be interpersonal in nature, or relates
to a disagreement, the CAO may ask the parties if they wish to resolve the
complaint through mediation, or Alternative Dispute Resolution (ADR).
4.3.2. ADR must not be used where there is a significant power imbalance between the
complainant and respondent, where there is a reasonable apprehension of harm,
where the allegations involve issues of financial impropriety, sexual harassment,
violence, criminality, where either party does not consent, or where other
circumstances would prevent the success of ADR.
(27)
4.3.3. Informal resolution efforts shall be concluded within 20 business days, and may
be extended for additional business days with consent of both parties and approval
of council.
4.4. Resolution or Agreement of Facts
4.4.1. Where a complaint is successfully resolved or not resolved but complainants
agree on the facts, the CAO shall write a report and either dismiss the complaint or
make a determination that an official contravened the Code of Conduct.
4.4.2. Where a complaint is against a department head or an employee reporting
directly to Council, or where the CAO determines it is necessary, the CAO shall
provide the report to council and council shall either dismiss the complaint or make
a determination that an official contravened the Code of Conduct.
4.4.3. The CAO or Council may decide upon appropriate penalties in accordance with
applicable labor and/or employment law.
4.5. Formal Investigation
4.5.1. Where the complaint is not resolved or the facts are not agreed on, the CAO may
investigate or appoint an investigator. There shall be 40 business days to conclude
an investigation from the date the informal resolution period has expired. Upon
request of the CAO, Council may approve up to an additional 40 business days for
the completion of an investigation.
4.5.2. The investigator will notify the respondent within five business days of the failure
of informal resolution and provide copy of the complaint.
4.5.3. The respondent may provide a written response to the CAO no later than 10
business days after receipt of a copy of the complaint.
4.5.4. The investigator will prepare a written report for council.
4.5.5. The report shall at a minimum outline the investigative process, facts, analysis,
test (an assessment of the facts relative to the Code of Conduct), conclusion. The
report may include recommendations.
(28)
4.5.6. Council shall review the report at a privileged meeting, and shall within 20
business days, dismiss the complaint or find that a municipal official contravened
the Code of Conduct.
4.5.7. Council and/or the CAO may decide upon appropriate disciplinary penalties in
accordance with applicable labor law.
5. Conflict of Interest
5.1. Disclosure Statements
5.1.1. A conflict of interest is defined as per section 5 of the Act.
5.1.2. The CAO will file a disclosure statement in accordance with section 4(2) of the
Act.
5.1.3. Department heads and those reporting directly to Council shall file disclosure
statements with the CAO, in the form set out in subsection 4(3) of the Act. However,
disclosure statements from spouses of these municipal officials are not required.
5.1.4. Disclosure statements shall be filed with 30 days of employment, and on or before
March 1 each year.
5.1.5. Where there is a change in the information contained in employee disclosure
statements, the official must report the change(s) to the CAO within 60 days of
becoming aware of the change(s).
5.2. Suspicion of Conflict of interest
5.2.1. Where a municipal official suspect they may be in a conflict of interest as defined
by section 5 of the Act:
a) If the official is the CAO or reports directly to council, the CAO or official
must disclose the suspected conflict of interest directly to Council and
Council shall determine, within a privileged meeting, whether the CAO
or official is in a conflict of interest;
(29)
b) All other officials, including volunteers, must disclose their suspicion to
the CAO, and the CAO shall determine whether the official is in a conflict
of interest.
5.3. Conflict of Interest Complaints
5.3.1. Where an individual believes a municipal official has acted in a conflict of
interest, the individual may file a complaint with the CAO.
5.3.2. Where an individual believes a CAO has acted in a conflict of interest, the
individual may file a complaint with Council.
5.3.3. A complaint shall be in writing and shall include the following information:
a) The complainant's name;
b) The nature of the conflict of interest; and
c) the municipal officials' actions in relation to the conflict of interest.
5.3.4. Notwithstanding section 5.3.3., a complaint may be made by alternate means
where the complainant has a limited ability to read or write English or has a disability
or condition that impairs their ability to make a complaint.
5.4. Conflict of Interest Investigations
5.4.1. For complaints relating to the CAO, a department head, or an employee
reporting directly to council, the procedure below will be followed.
5.4.2. Where a complaint is received relating to another employee, the process
followed shall be at the discretion of the CAO.
5.4.3. Where the complaint relates the CAO, Council shall fill the role of the CAO in
the procedure outlined below.
5.4.4. The CAO shall send a copy of the complaint to the respondent within five
business days after receipt of the complaint.
5.4.5. The respondent may provide a written response to the CAO no later than twenty
business days after receipt of a copy of the complaint. The respondent shall be
advised that their response will be provided to the complainant.
(30)
5.4.6. Where there is a written response, the CAO shall send a copy to the complainant
within one business day after receipt of the written response.
5.4.7. The CAO shall review the complaint and the respondent's written response within
ten business days after receipt of a written response, or where a written response
is not provided, the CAO must review the complaint within ten business days after
the time period to file the written response has expired, and must:
a) prepare a written report of the complaint;
b) refer the complaint to Council, along with a copy of the report, to consider
in a privileged meeting;
c) advise the complainant in writing, that Council is considering the
complaint;
d) within fifteen business days after receiving the report, Council may, by
resolution, advise the CAO to:
e) dismiss the complaint;
f) make a determination that the municipal official acted in a conflict of
interest; or
g) order a third-party investigation to determine whether the municipal official
acted in a conflict of interest.
5.4.8. Where a complaint is made against a CAO, complaints will be made to council.
Council will investigate the complaint in the manner described above.
5.4.9. Where a municipal official has been found to be in a conflict of interest, whether
through their own disclosure or by complaint and investigation, the CAO and/or
council shall take appropriate actions to resolve the conflict of interest. This may
include removal of the municipal official from particular duties, decisions, or
discussions, or evaluating an affected decision.
5.4.10. Notwithstanding section 5.4.8. and 5.4.9, and in accordance with section 18(5) of
the Act, the CAO may provide advice to Council on a matter in which the CAO has
a conflict of interest where:
(31)
a) The CAO disclosed the conflict of interest and the nature of the
conflict of interest to the council; and
b) The council made the request for advice knowing of the CAO's
conflict of interest.
5.4.11. Council and/or the CAO may decide upon appropriate disciplinary penalties in
accordance with applicable labor and/or employment law.
(32)
Council Matters
Council Rules of Procedure Adopted May 24, 2016. (attached)
Municipal Councilor code of conduct adopted March 10, 2025 (attached)
Municipal official code of conduct adopted February 27, 2023. (attached)
Towns and Local Service Districts Act adopted March 10, 2025.
Pay per diem applied for each Councilor and spouse attending the MNL convention. Claim
can be paid in advance. Council will determine how many Councilors and if staff will attend
conventions.
Claims can be paid, without going through a meeting, for Council representatives when
attending pre-approved meetings or meetings for reps appointed by Council.
Guidelines for Meals during council or town business will be set at $75.00 for a full day or
$20.00 breakfast, $20.00 Lunch and $35.00 for Supper. Incidentals $15.00 per day. (Revised
February 27, 2023).
Councilors are to notify Town Clerk if unable to attend a meeting by 3:00 pm the day of the
meeting.
All citizen complaints must be in writing, signed and tabled in Council.
Copies of outgoing correspondence are to be brought in to council meetings if requested.
Any councilor wishing to have something added to the agenda should notify clerk two working
days before the next meeting.
Persons wishing to meet with council must inform the Clerk two working days before the next
meeting in order to be placed on the agenda. Persons must also let the Clerk know the
reason for meeting. One half hour will be the scheduled time for a meeting.
Councilors are encouraged to use the council chambers, instead of the main office, to
conduct business.
Beginning January 2006 an annual remuneration is to be paid to Council. Effective January
2025, remuneration will be: Mayor - 4000.00, Deputy Mayor - 2200.00, Councilors - 2000.00
each. (Revised March 10, 2025).
(33)
$100 a day will be paid to Council members attending Council related functions if they will
lose a day's work and pay in doing so. Verification of loss of income from employer as well as
proof of attendance is required. This will be at Council discretion as well as approved before
doing so.
Effective immediately the Town Council of Point Leamington will meet at least once a month
as stated in the Towns and Local Service Districts Act, Section 39. Any other special
meetings will be at the call of the Chair. A half hour can be scheduled for each Arm of
Council. Issues to be discussed should be identified before the meeting. 2 - 4
representatives from each Arm of
Council. If the Meeting falls on a statutory holiday it will be held the following day (Tuesday)
Newsletters are to be issued at the discretion of council - minimum of one per year.
Certificates, if requested, can be issued to citizens on 80th birthday and over and 50th
anniversary and over.
(34)
Council Rules of Procedure
Whereas section 46 of the Towns and Local Service Districts Act requires that every Council
shall adopt rules of procedure for its meetings; therefore, the Council of the Town of Point
Leamington enacts the following rules and regulations:
Authority
1. Regular meetings of Council shall be held at least once per month at 7:00 pm in the
council Chambers of the Town Hall, unless Council, by resolutions, directs otherwise.
Regular Meetings of Council
2. Special meetings of council may be called by either the mayor or any two members of
council by giving written notice to the clerk.
Notice
3. Notice for all meetings shall be by way of the agenda, which shall be provided to all
members of council forty-eight hours prior to each meeting. The failure of any councilor to
have received notice shall not invalidate a meeting of council.
Meeting on a legal holiday
4. When the day fixed for a meeting of council falls on a legal holiday, the said meeting shall
be held on the next day following which is not a legal holiday.
Presiding Officer
5. In accordance with Section 36 of the Towns and Local Service Districts Act, the mayor
shall preside at all meetings of council. In his absence, the deputy mayor shall preside. In
the absence of both the mayor and deputy mayor, the clerk shall take the chair, call the
members to order, and if a quorum is present, a chairman shall be appointed from among the
councilors present. Such chairman shall preside during the meeting or until the arrival of the
mayor or deputy mayor.
Quorum
6. In accordance with section 43 of the Towns and Local Service Districts Act a quorum shall
consist of a majority of councilors in office.
If no Quorum
6. If there is no quorum present within 15 minutes after the time appointed for holding a
meeting, the clerk shall call the roll and take down the names of the members then
present. The meeting shall then stand adjourned until the next regular meeting.
(35)
Attendance
8. In addition to the mayor and councilors, the town clerk or designate and or the town
manager or designate shall attend all meetings of council.
Section 42 of the Towns and Local Service Districts Act states the following:
42. (1) A town council may allow a councillor to participate in a town council meeting or
town council committee meeting by electronic means.
(2) A councillor participating in a town council meeting or town council committee
meeting by electronic means is considered to be in attendance at the meeting.
Procedure:
a. Notify the clerk 3 working days before the meeting.
b. Only attend when in-person is impossible.
c. Any resolution that require a 2/3 vote in-person attendance is required.
d. The chair must always attend in-person.
e. There shall be only (2) councilors per meeting remotely attending. If there
are more than two requests, priority will be given to first 2 requests received.
f. If communication is lost, a 10-minute recess will be called to try and re-
establish link. If the link cannot be re-established, the electronic participant is
deemed to have left the meeting. If this means there is no longer a quorum of
councilors in attendance, then the meeting is adjourned.
9. Department Heads and other employees of council shall attend meetings of council when
requested to do so by council or the town manager.
Meetings open to the public
10. In accordance with section 41 of the Towns and Local Service Districts Act, every
meeting of council shall be open to the public, unless it is held as a privileged meeting or
declared by a vote of the councilors present at the meeting to be a privileged meeting.
11. Where a meeting is held as or declared to be a privileged meeting, all members of the
public present at the meeting shall leave.
12. In accordance with section 41 of the Towns and Local Service Districts Act, where a
decision is made by the councilors at a privileged meeting, the decision, in order to be valid,
shall be ratified at the next public meeting of council.
Minutes
(36)
13. Minutes of meetings of council shall be recorded by the town clerk or designate. Such
minutes shall contain:
(a)
All Motions and resolutions coming before council, including the names
of the movers and seconders thereof;
(b)
The names of all council members voting in favor or against each
motion, and the names of those abstaining;
(c)
The title or brief description of all reports, petitions, and other documents
submitted to council. Reports accepted by council shall be attached to
the minutes.
Correction of Minutes
14. If any member of council objects to any portion of the minutes of the preceding meeting,
that member shall state the grounds of objection, and if council agrees, the motion adopting
the minutes shall contain the necessary corrections.
Agenda
15. Prior to each regular meeting of council, the clerk shall prepare an agenda of all business
to be brought before the council. As indicated in rule 3, the agenda is to be distributed to
councilors forty-eight hours prior to council meetings.
16. Any member of council, up until noon of the Friday prior to the council meeting, may
submit to the town clerk an item for inclusion on the agenda.
17.
The format of the agenda shall be as follows:
(a)
Calling of meeting to order
(b)
Adoption of agenda and minutes
(c)
Business arising from minutes
(d)
Delegations
(e)
Committee reports
(f)
Correspondence
(g)
Finances
(h)
Regulations
(i)
General Business
(j)
Notices of Motion
(k)
Adjournment
(37)
Agenda for special meetings
18.
When a special or privileged meeting is called for the consideration of some particular
matter, the order of business as set out in Rule 17 shall apply. Council shall proceed
immediately to consideration of the business for which the meeting was called, and
only the business specified in the notice calling the meeting shall be dealt with, unless
otherwise decided by majority vote.
Order and Decorum
19.
The presiding officer at any meeting shall preserve order during debate and maintain
decorum at all times.
Disorderly Persons
20.
The presiding officer may expel and exclude from a meeting any member of council or
other person who is guilty of improper conduct at the meeting. In the case of the
exclusion of a member of council, an entry shall be made in the minutes of the reason
for such exclusion.
21.
Any member expelled from a meeting under the provisions of Rule 20 may be
permitted, by a majority vote of councilors at the meeting in progress, to resume his
place after making an apology to the presiding officer.
Notice of Motion
22.
Every notice respecting the passing of a regulation shall be in writing and be placed on
the agenda by moving a motion at the previous meeting.
Motions during debate
23.
When a question is under debate, the following non-written motions shall be in order:
(a)
To extend the time of the meeting
(b)
To refer or commit
€
To amend
(d)
To lay on the table
€
To postpone indefinitely
(f)
To move the previous question
Motions to be seconded
24.
Every motion shall be seconded before being put on debate.
Withdrawal of Motions
25.
When a motion has been moved and seconded, it cannot be withdrawn except with
the permission of council and the mover and seconder, and then only before a
decision has been taken or an amendment made.
(38)
Division of Motion
26.
Any motion or question which contains several distinct propositions may, by the
direction of the presiding officer or upon the request of any member be divided if the
sense of the motion permits. The vote on each such division shall be taken
separately. If a motion cannot reasonably be so divided, any request to do so shall be
declared out of order by the presiding officer.
Addressing the motion
27.
Members of council shall address their remarks to the presiding officer and continue
themselves to the question at hand.
Entitlement to speak
28.
If two or more members speak at the same time, the presiding officer shall determine
which member is entitled to speak.
Call to order
29.
The presiding officer may call a member to order while debate is in progress. The
debate shall then be suspended and the member called to order shall not speak again
until the point of order has been decided.
Appeal on a point of order
30.
The decision of the presiding officer on point of order is subject to an appeal to council
which is to be decided by majority vote without debate.
Member speaking not to be interrupted
31.
When a member is speaking or a question is being put, no member shall hold any
private discourse or make any noise or disturbance or interrupt a speaker, except to
raise a point of order, explain, or ask a question.
Length of debate
32.
No member, without the consent of council, shall speak longer than five minutes at any
one time, or more than once on any motion, or amendment thereto. The mover of a
motion, however, may speak twice. Debate shall be closed after this second occasion.
Rereading of motion
33.
Any member of council may require the question or motion under discussion to be
read for information at any period during the debate, but not so as to interrupt a
member speaking.
(39)
Voting
34.
All decisions of council, unless otherwise specified either under the Municipalities Act
or under these rules, shall be by majority vote of the members present.
Recorded Vote
35.
In accordance with Section 212(4) of the Municipalities Act, the clerk shall record the
names of those voting in favor of the motion, those voting against the motion, and
those abstaining.
No secret ballots
36.
No vote shall be taken in council by ballot or by any other method of secret voting.
Reconsideration
37.
Any question, except one of indefinite postponement, or one that has resulted in a tie
vote, may be reconsidered, providing a notice of motion of reconsideration is given in
accordance with Rule 22.
38.
If the motion to reconsider is carried by a majority of members present and voting, the
main question shall then be read and will be open to debate the same as an original
motion.
Tie vote
39.
In accordance with section 44 of the Towns and Local Service Districts Act, where
there is a tie vote on a question, the question shall be considered to have been
defeated.
Motion to adjourn
40.
A motion to adjourn is always in order except when:
(a)
A member is addressing the chair,
(b)
A vote is being taken; and
(c)
It has been decided that the previous questions shall be taken.
41.
A motion to adjourn the council meeting or adjourn the debate cannot be amended
and is not debatable. However, a motion to adjourn the council meeting or the debate
to a given day may be amended and is open to debate.
42.
No Second motion to adjourn the council meeting or the debate shall be made until
some intermediate proceedings have transpired.
Previous Question
43.
The "previous questions" shall preclude all amendments of the main question and shall
be put in the following words "The question now be put". If the motion is resolved in
(40)
theaffirmative, the original question shall be voted on immediately without amendment
or debate. If the motion is defeated, then the main question may then be debated and
amended.
Motion to postpone indefinitely
44.
A Motion to postpone indefinitely shall not be amended, and when any question before
council has been postponed indefinitely, it shall not be taken up again during the same
meeting.
Motion to lay on the table
45.
A motion to lay a question on the table shall not be debatable. However, a motion "to
lay on the table' with addition, qualification or opinion, shall be subject to amendment
and debate.
Motion to suspend the rules
46.
A Motion to suspend the rules requires a two-thirds vote of members present.
Privilege
47.
Whenever a matter of privilege arises it shall be dealt with immediately by council.
Motion to refer or commit
48.
A motion to refer or commit a matter under discussion shall preclude all amendments
of the main question until it is decided.
Authority to form
49.
In accordance with Section 47 of the Towns and Local Service Districts Act, council
may from time to time appoint committees. The mayor shall be an ex-officio member
of all committees.
Standing committees
50.
Standing committees of council shall remain in effect for the life of the council, and
members shall be appointed at the first council meeting of each year.
Special committees
51.
Special committees of council shall remain in effect only until the purpose for which
they were set up has been accomplished. Special committees will automatically
expire at the end of each year, unless struck again by council.
Committee of the whole
52.
Council may, by majority vote, resolve itself into a committee of the Whole whereby it
will operate under the rules for committees as set out hereunder. The deputy mayor
will assume the chair, and if the deputy mayor is absent, another member of council
shall be elected as chairman.
(41)
Committee membership
53.
Membership on all committees of council is limited to members of council.
Quorum of committees
54.
A majority of the members of any committee shall constitute a quorum.
Committee chairman
55.
When council appoints a committee, it shall also appoint one of its members to be
chairman of that committee.
Committee Secretary
56.
The town clerk (or designate) shall act as secretary to each committee of council.
Committee minutes
57.
Prior to the next meeting of the committee, the secretary shall prepare minutes of the
previous meeting for submission to and confirmation by the committee.
58
Following every committee meeting, the secretary shall prepare for the chairman a
report on all matters which require council action.
Conduct of business in committees
59.
The following rules and regulations shall apply to the proceedings in committees:
(a)
The chairman shall preside at every meeting. In the absence of the
chairman, one of the other members of the committee shall be elected by
the members present to preside during the chairman's absence;
(b)
The chairman may vote on all questions. In case of a tie vote on any
motion, the question shall be deemed lost;
(c)
No motion need be seconded;
(d)
The previous question will not be allowed;
(e)
There shall be no limit on the number of times a member may speak;
and
(f)
The votes of members on any question shall be recorded if requested by
any member.
Minority reports
60.
Members of a committee dissenting from a report which has been adopted by the
majority of a committee may make and present to council a minority report. Such
report must be presented at the same meeting of council to which the majority report is
submitted and must be signed by the dissenting member(s).
(42)
CLARIFICATION AND AMENDMENT PROCEDURE
Clarification of rules
61.
In all cases where these rules and regulations do not make provision or adequate
provision, then Roberts Rules of Order shall apply.
Amendment of rule
62.
Any motion to amend these rules must be presented to council in accordance with
Rule 22, and must be passed by a two-thirds majority of members present.
Effective Date
63.
These rules and resolutions shall become effective upon the date of enactment.
_____________________ ________________________
____________________
Mayor
Clerk
Date
(43)
Christmas Light up and Santa Claus Parade
A Christmas Light- up will be held each Christmas with the following themes and prizes.
(Revised March 19, 2024)
LIGHT UP
Traditional Christmas Theme
Prize $ 100.00
Christian Theme
Prize $ 100.00
Children's Theme
Prize $ 100.00
SANTA CLAUS PARADE
1st Prize
Prize $100.00
2nd Prize
Prize $75.00
3rd Prize
Prize $50.00
Judging will be determined by Council on an annual basis.
(44)
Disability
Council policy is that any employee or volunteer member unable to work and being under the
care of a doctor, whether on workers compensation, disability insurance or any other form of
insurance, is automatically excused from active duties from the first day of the disability and
during the full period of disablement. (Revised February 27, 2023)
Full clearance must be received from the doctor before the member can resume active duty
with his/her organization.
(45)
Donations
Annual donations of the following amounts will be given to support the Point Leamington
Library Board $300.00 (Revised March 19, 2024), Point Leamington Academy Awards
Program $150.00, Minor Hockey Association in Botwood $150.00 and Legion Poppy
Campaign $150.00. (Added March 10, 2025)
High School graduates will receive a $50.00 congratulatory gift.
(Added March 19, 2024).
Donations "in memory of" for past and present Council members is $100.00 and will be made
to a charity of their choice, if charity is not specified, given to family.
(Added March 19, 2024).
All other donations will be made at the discretion of Council.
(46)
Employees
Maintenance Personnel responsible for regular check of local roads, lift stations, hydrants,
streetlights as well as garage & permits etc. (Revised Feb. 1, 2021).
Town Maintenance Personnel are responsible for carrying out duties, outside of w/s that
Council deems necessary in operating the Town.
Sick Leave: 1 ¼ sick days per month. An accumulation of 5 days (1 Week) can be carried
over to next year. This is not to exceed 25 days (5 weeks) more than the regular
yearly amount.
Days entitlement are prorated based on regular weekly work hours. (Added
March 10, 2025)
Holidays: Must be taken on year given unless approved by Council. Holidays to be taken
rather than being paid by Council. - Holidays - same as Provincial Government. Council
must be notified of vacation holiday schedule before March 31.
Vacation Time: (Revised Feb. 1,2021).
1
Years continuous service
2 weeks
2- 7
Years continuous service
3 weeks
8-15
Years continuous service
4 weeks
16 +
Years continuous service
5 weeks
Insurance:
Council pays 2/3 and Employees 1/3(council will pay half of LTD). Full time
employees only. (Revised March 28, 2022).
Pension:
Council pays ½ and Employees ½. (Full time employees only).
Employees will be given one call out per two-hour period.
Maintenance Staff will be paid their overtime as accumulated on a weekly basis thus not
permitting any buildup in excess of 60 hours. Special consideration can be given at the
request of an employee. (Revised March 19, 2024).
Christmas Bonuses will be tabled in Council meeting each November.
One employee to be designated as Occupational Health & Safety Representative.
Maintenance staff are to oversee project programs.
Project workers are not to use the Town equipment without permission.
Town will rent or purchase any tools we need rather than borrowing and replacing.
Breaks will consist of 15 minutes in the morning and 15 minutes in the afternoon. Lunch
breaks are to be taken from 12-1 for office and 12-1 or 1-2 for maintenance, all efforts are to
be made to take this to avoid overtime. (Revised March 10, 2025).
(47)
There has to be one maintenance worker in town at all times during regular working hours
unless absolutely necessary. (March 10, 2025)
Town Clerk and Maintenance Supervisor are given permission to issue orders of Council in
accordance with section 404.6 of the Municipalities Act.
The town will pay $600.00 once per year for a clothing allowance when 2040 hours has been
worked. One pair of Rubber boots will be provided to Maintenance supervisor upon
employment. Council will provide safety vests, safety glasses and hard hats. (Revised March
10, 2025).
Maintenance Employees are to wear safety equipment as per Occupational Health & Safety
requirements and to ensure all safety courses required for work are up to date.
Employees working alone using power equipment must notify Town Office of location before
commencing job and expected time of duration.
Bereavement Leave: as per provincial guidelines
Maintenance staff is required to keep a detailed log of daily activities, lift stations, and all
vehicles
Maintenance Staff are required to follow the winter storm schedule when a storm is on.
Town Vehicles are to be driven by town staff only.
Maintenance staff that is on call will have the town vehicle.
Maintenance weekend on call status begins 4:30 pm on Friday. (Addition February 18,
2019).
Maintenance is responsible for daily checks of water at pump house.
(48)
Finance
Town Clerk or designate as well as Mayor and/or Deputy Mayor must sign all cheques written
on behalf of the Town.
All arms of Council are required to have a signing officer from that organization as well as a
signing officer from the Town for all cheques issued.
The Town Office is responsible for all record keeping of the Arms of Council. The Auditor will
audit all books with the Town Office Audit.
Town will pay $20.00 to anyone bringing items from out of town at the town's request.
(Revised February 18, 2019). (Revised March 19, 2024).
(49)
Fire Department
Fire Department By-laws adopted.
Adoption of Fire Regulations (attached)
Expenses of Fire Dept. are the responsibility of Town Council. A requisition will be issued by
Town Clerk upon request from Fire Chief for articles needed.
Travel claims are required for all travel related expensed. These are to be filled out and
presented to clerk prior to travel.
When Fire Dept. receives a complaint regarding buildings in town the complaint must then be
submitted in writing to Council.
Fire Chief is required to forward a copy of all inspection reports to the Town.
If a fire occurs outside the Town's jurisdiction sufficient equipment & firefighters are to remain
in Town in case of a fire within the town boundaries. The newer Fire truck is to remain in town.
Fire Chief allowed to attend Conventions along with 2 firefighters. Current policy is to pay up
to $ 1200.00 for costs upon submission of invoices.
New members of Fire Dept. must be 18 and over. A medical note is required. The cost of
this, if any, will be paid for by Council.
A valid driver's license is required to be a member of the Fire Department. (Added March 19,
2024).
New members are required to supply to council a recent criminal code of conduct. Council will
pay for the cost of this. (Revised March 10, 2025).
The complement of firefighters will be a maximum of twenty -five with preference given to
people living in the province at least 6 months of the year.
Fire Dept. Policy guidelines adopted.
Firefighters under the age of 25 are permitted to drive the fire vehicles under the guidelines of
our insurance.
Any member who is off work and cannot work because of doctor orders will be excused from
fire related duties until clearance is received from the doctor.
(50)
Any member that misses 3 consecutive meetings (1st Tuesday of every month) without a valid
reason will automatically cease membership. In some cases discretion shall be with the Fire
Chief (Added March 10, 2025).
Anyone required to lose a day's pay due to Emergency Training will be reimbursed up to
$100.00 per day with a note from the employer verifying the loss of income and also proof of
completion of training.
If accommodation fees are paid and the person does not give enough advance notice for
cancellation and reimbursement of funding then the Fire Department will be responsible for
the funds out of their budget.
Signing Officers - All cheques will be signed by the Town Clerk or a member of Council and a
member of the Fire Department.
The Town Office is responsible for all record keeping of the Fire Department. The Auditor will
audit all books with the Town Office Audit.
Bank deposits will be done as necessary.
All spending is required to be documented into the minutes.
Emergency fire equipment and supplies cannot be removed from the Fire Hall for loan or rent.
Should it be necessary for the Town to use any equipment, the Fire Chief or Officer in charge
of equipment will be notified. If they cannot be contacted a note will be left where the
equipment was taken from.
We will provide fire protection to the Local Service District of Pleasantview. Charges to
Pleasantview will be based on a per capita cost.
A fee of $200.00 per emergency call out will be charged to residents within our fire boundary
that do not pay fire fees. (Added February 18, 2019).
Inventory of all equipment is to be submitted to Council by December 31st of each year.
Fire Department members will be paid $ 20.00 per meeting for a maximum of 26 meetings.
Also, a $ 300.00 bonus for Chief and $ 200.00 bonus for Assistant Chief will be given at year
end. Proper record keeping of time is required. Members only showing for half the time per
meeting are to only be paid half the amount and anything less than half the time will count as
0. In certain situations, such as working, this can be waived, (Revised Feb. 1, 2021)
The fire hall is not to be rented out for any occasion other than work related courses and or
functions relating to fire dept or town. (Revised February 27, 2023).
(51)
HARASSMENT POLICY
Statement of Position
The Town of Point Leamington believes that all elected and non-elected officials (this includes
employees) should be afforded the opportunity to work in an environment free of harassment.
All elected and non-elected officials have the right to work in an environment free from all
forms of discrimination and misconduct. The purpose of this policy is to ensure everyone is
treated with respect and dignity.
Definition of Harassment
Harassment is defined as any unwanted or uninvited verbal, visual, or physical conduct which
is offensive or objectionable to the recipient. Repeated, intentional offensive comments and or
actions may include, but are not limited to the following: derogatory or suggestive comments,
slurs or gestures, jokes, racist graffiti and literature, and offensive posters, cartoons, pictures
and drawings.
Conditions Considered Harassing:
Examples of harassment (but not limited to) are as follows:
-
Inappropriate physical conduct
-
Verbal abuse or threats
-
Practical jokes that are insulting or embarrassing
-
Sexual obscene or offensive comments, jokes or slurs about or directed to an
Individual or class of persons, which an individual may or may not be a member -
Unnecessary physical conduct such as touching, patting, pinching, or hitting
-
Vandalism of personal property, work station, or vehicle
-
Physical or sexual assault
-
Displaying sexual pictures, cartoons, or calendars
-
Staring, leering, sexual gestures
-
Placing an employment decision (i.e., hiring, promotion, termination) on submission
or rejection of a person's conduct
-
The conduct effects or interferes with an individual's work or creates an
intimidating, hostile, or offensive work environment
Committee Structure for Investigating Complaints:
A committee will be established and comprised of representatives from management (town
manager, town clerk, town clerk manger, or senior management) and council to investigate a
complaint. If a person(s) represented on the committee is the subject of the complaint or the
complaint, then that person(s) will be replaced by an alternative committee member(s) in that
particular incident.
(52)
Complaint Procedure:
If you have been the recipient of harassing behavior, then you should do the following:
-
Speak Up - If an individual feels harassed, he/she should, where appropriate,
speak directly to the harasser and state that the behavior is unwelcome and that it
must stop.
-
Keep Notes - Individuals are encouraged to keep a record of all incidents
including: dates, time, descriptions, and action taken by the individual, responses
by the alleged harasser, possible witnesses and any other relevant information
such as the impact of the harassment.
-
Report the Harassment - Report the harassment immediately to the supervisor,
manager or designate. It is preferable to make a complaint in writing. However, if
you make a verbal complaint, you should follow up your verbal complaint with a
written complaint.
Allegations of harassment will be promptly investigated, giving due respect to the need for
confidentiality.
The designated representatives (committee) will conduct interviews with relevant witnesses
and provide a report to Council (or designate) upon conclusion of the investigation. Council
(or designate) will review the report and provide to parties involved his/her decision with
reasons.
All efforts will be made to ensure confidentiality throughout the investigation while providing
an opportunity to fully respond to all the allegations.
Consequences and Penalties:
Any person who engages in harassing behavior shall be subject to disciplinary action,
including possible termination.
Protection against Retaliation:
Any person has the legal right at any time to raise the issue of harassment without fear of
reprisal.
Malicious and False Accusations:
It is a serious matter to deliberately make a false accusation of harassment. If a complaint is
found to have been in bad faith, the complainant will be subject to disciplinary measures (for
example, possible termination for employee).
(53)
Heritage Council
Signing Officers - All cheques will be signed by the Town Clerk or a member of Council and a
member of the Heritage Council
The Town Office is responsible for all record keeping of the Heritage Council. The Auditor will
audit all books with the Town Office Audit.
Travel claims are required for all travel related expensed. These are to be filled out and
presented to clerk prior to travel.
Bank deposits will be done as necessary.
All spending is required to be documented into the minutes.
$1200.00 to be given from council yearly to offset operating costs.
All new members of the Heritage Council are to file an application before being appointed by
Council. A Recent criminal code of conduct is required and the cost will be paid by council.
(Revised March 10, 2025).
It is a conflict of interest for anyone on the Heritage Council to be hired on Heritage
Sponsored Projects.
The Committee can consist of eleven members plus two members of the current Council.
The Heritage Council is responsible for the Heritage Centre in conjunction with Council.
The Heritage Centre will be opened and closed for the season at the discretion of the Heritage
Board.
Inventory of all equipment is to be submitted to Council by December 31st of each year.
If accommodation fees are paid and the person does not give enough advance notice for
cancellation and reimbursement of funding then the Heritage Council will be responsible for
the funds out of their budget.
(54)
Honoraria
Policy on honorarium for volunteers and volunteer dinner:
Volunteers mean appointed members of the volunteer Arms of Council. At the discretion of
Council, in any given year - all volunteers will receive a Christmas gift and be invited to the
volunteer dinner. Only 1 (one) honoraria will be given per person, regardless of how many
departments served on. (Revised March 10, 2025).
Volunteer Dinner
All of the above rules apply to those who will be invited to the dinner for volunteers to be held
annually the last Friday in May or at the discretion of Council. Dinner will be provided to only
those attending the function.
Volunteer Week
During Volunteer Week Council will recognize volunteers with a token of appreciation.
(55)
Land & Property
Purchasers of land from the Town will be responsible for all legal cost of purchasing.
All Requests for joining properties will only be approved at Council discretion. Property
description, proof of ownership as well as a survey showing the land as one parcel has to be
proven by owner. (Revised June 29, 2020). A onetime administrative fee of $100.00 will be
attached to such requests.
At Council discretion, all Parcels of land that are considered nonresidential based on lot size,
will be billed as per mill rate with a minimum rate of $100.00.
(56)
Marina
Rates for using the marina.
Seasonal pass
$50.00
Day Pass
$10.00
(Revised March 10, 2025)
(57)
Office Fees and information
Town will pay someone $20.00 whenever they bring out items from Grand Falls-Windsor at
our request. (Revised March 19. 2024).
Tax Certificates - $ 50.00 (Revised February 18, 2019).
Returned Cheques - $ 40.00 (Revised March 28, 2022).
Interest Charges - 2% per month on overdue accounts. (Revised March 19, 2024)
Town Clerk has been given permission to destroy files older than 10 years.
Town Clerk and Maintenance Supervisor will be given permission to issue orders of Council in
accordance with Section 404.6 of the Municipalities Act.
Building Permit Fees
Residential Repairs
$ 10.00
Commercial Repairs
$ 50.00
New Residential Construction (Revised June 29, 2020)
$ 100.00
New Commercial Construction (Revised June 29, 2020)
$ 200.00
Building, repairs, renovating or digging (excavation)
without proper permits
$ 100.00
Quarry Permits (non business)
$250.00 (annually)
Quarry Permits (business)
$100.00 (annually)
Water shut off/on by request
$25.00(each time)
(Revised March 19,
2024)
Water shut off due to arrears is to be billed $50.00 before re connection.
Any new business owner within the first year can apply in writing to Council for a business tax
exemption.
Tax structure 2025 is attached.
(58)
Pandemics
Background:
COVID-19 is an infectious disease caused by a newly discovered coronavirus. The World
Health Organization designated a global COVID-19 pandemic on March 11, 2020. Jurisdictions
across Canada and the world implemented measures to curtail the spread of the disease. In
Newfoundland and Labrador, a public health emergency under the Public Health Promotion and
Promotion Act was called on March 18. Residents, workers, visitors and employers are subject
to special measure orders as a result of this emergency. Under the provincial COVID-19 Alert
Level System, designed to control disease transmission and maintain health system capacity,
the Provincial Government is providing guidance for social and business activities to reopen
safely. Municipalities are employers in communities. They are also the owners and operators of
community recreational facilities such as arenas, pools, fitness centers, playgrounds and other
centers/spaces. These facilities provide services to and facilitate programming for community
members and organizations.
Purpose:
The purpose of the policy is to outline The Town of point Leamington's practice and protocols
for the reopening and maintenance of municipally owned recreation facilities.
Policy Statement:
The Town of Point Leamington takes COVID-19 seriously. As a council and staff, we are
committed to ensuring the safety of our community and our residents. We recognize the
importance of recreational facilities and services to our community.
This policy acknowledges that the Town of Point Leamington is implementing COVID-19 Alert
Level Guidance from the Government of Newfoundland and Labrador as much as is reasonable
and practicable. The policy outlines how and under what circumstances our facilities will be
open to public.
The Town of Point Leamington also acknowledges that certain municipal facilities may not open
if the risk of COVID-19 transmission is high and/or reasonable, practicable protective measures
cannot be implemented.
Definitions:
For the purposes of this policy, reasonable and practicable mean what is practical and possible
for a municipality to do given its size, human resource and financial capacity, as well as the
number of facilities for which it is responsible to maintain at any given time.
Scope:
This policy applies to the following municipally owned recreation facilities
- The Town Hall
(59)
- Recreation Centre
- Fire hall
- Playground
- Heritage Centre
The policy covers the following four (4) areas:
1. Decision-making;
2. Communication;
3. Monitoring and sanitization;
4. Waivers.
Responsibilities:
Municipal staff are responsible for upholding this policy. Should there be challenges with this,
the policy will require review.
Guidelines and Procedures:
1. Decision-making
a. Municipal staff will review public health emergency special orders, guidance and
information sheets provided by the Government of Newfoundland and Labrador
as it is made available.
b. Municipal staff will determine their human and fiscal resource capacity to adhere
to guidance provided.
c. Municipal staff will consult with council to provide recommendations on how and
under what circumstances facilities will be open to the public. See Appendix A for
a list of facilities that are open, and details associated with their monitoring and
sanitization.
2. Communication
a. Municipal staff will communicate with the public through social medial, and bulletin
board how and under what circumstances facilities will be open to the public. This
includes clear information on facility sanitization, physical distancing, limits on
numbers and monitoring procedures.
b. Signage outlining protocols and procedures for facilities will be posted outside,
inside or on said facilities in clear view for users to see. This includes clear
information on facility sanitization, physical distancing, limits on numbers and
monitoring procedures.
c. Municipal staff will provide updates to the public and adjust signage should
anything change with respect to the protocols and procedures for facilities.
3. Monitoring and sanitization
a. Municipal staff will implement the following steps to sanitize: and maintain
numbers of people at municipal locations.
(60)
b. Municipal staff will develop facility monitoring and sanitization logs, where
applicable, for facilities that are open according to Appendix A.
c. These logs will be kept up to date.
d. In cases where limited or no monitoring and/or sanitization is possible, and the
facility is open, municipal staff will communicate that these are use-at-own-risk
facilities and will suggest that users take their own sanitization precautions.
4. Waivers
a. Municipal staff will develop and add waivers to any forms or agreements which
they enter in to with the public, including facility rental agreements and program
registration forms. The waiver language should include language acknowledging
risk of contracting COVID-19 by way of attendance at the municipality's facilities.
Policy Review:
The policy is subject to change and will be reviewed as often as necessary given the evolving
COVID-19 circumstances.
(61)
Parks
Churches are permitted to use Park for Open-Air Services.
No bikes are allowed on the Otter Pond Boardwalk.
Trailers can park at designated RV site for a fee of $25.00 per day and or $150.00 per week.
(Revised March 10, 2025).
Dumping station fee of $ 25.00 if not staying at our RV site. (Revised March 19, 2024).
Dumping station is to be locked at all times and the workers at the Heritage centre will have a
key. (Added March 19, 2024).
Use of park area for yard sales etc. will be at the discretion of Council.
Borrowing of picnic tables at a maximum of 5 tables for two days will be at the discretion of
Council.
All dogs on walking trails must be on a leash and dog waste taken care of.
Flower pots and Benches will be put away for the winter by October 31 of each year.
(62)
Parks & Recreation Committee
Parks & Recreation Regulations Adopted.
Signing Officers - All cheques will be signed by the Town Clerk or a member of Council and a
member of Parks & Recreation.
The Town Office is responsible for all record keeping of the Park & Recreation Committee.
The Auditor will audit all books with the Town Office Audit. Bank deposits will be done as
necessary.
Travel claims are required for all travel related expensed. These are to be filled out and
presented to clerk prior to travel.
All spending is required to be documented into the minutes.
All new members of Parks & Recreation are to file an application before being appointed by
Council. Residents from Western Arm and Pleasantview are welcome to join. (Revised
February 18, 2019).
New Members are required to supply to Town a recent criminal code of conduct. Town will
pay for the cost of this. (Added March 19, 2024).
It is a conflict of interest for anyone on Park & Recreation Committee to be hired on Park &
Recreation sponsored projects.
The committee can consist of maximum eleven members plus two members of the current
Council.
Parks & Recreation Committee are responsible to keep regular check of ball field and
playgrounds and give a written report of any necessary maintenance to Council who will
designate to Maintenance worker.
Written instructions will be given to Maintenance as to when they will open and close the
playground. This will be at discretion of Recreation Committee. Weekly checks by
Maintenance will be done. Maintenance will need to know a week in advance of opening
playground.
The Community Centre operating out of the Town Hall will be the responsibility of the Parks &
Recreation Committee in conjunction with Council.
$1200.00 to be given from council yearly to offset operating costs.
Community Centre is not to operate after eleven pm without prior approval of Council.
(63)
The Recreation centre can be rented out to the public with a singed rental agreement in place.
(Added March 10, 2025).
If accommodation fees are paid and the person does not give enough advance notice for
cancellation and reimbursement of funding then the Parks and Recreation Committee will be
responsible for the funds out of their budget
(64)
Point Leamington Day
Point Leamington Day will be the 2nd Saturday of July unless otherwise changed by Council.
There will be no more than two vendors supplying the same foods.
Community and/or nonprofit Groups will not pay for booths and all remaining booths will be
shared equally among arms of council.
Soft drinks/water can be sold in all booths if desired.
Tickets will be used instead of cash at each booth. The money will be receipted and paid to
the vendors by cheques. The tickets will be counted by the vendor and a committee member.
If vendors are selling tickets, they have to be printed tickets reflecting the committee and not
the purchased colored tickets.
No vendors outside of Point Leamington will be allowed to participate without approval.
Toll Booth will be designated for Point Leamington volunteer fire department. Council will
consider other requests annually.
Game Booths $ 25.00
Food Booths $ 75.00
Parade Prizes:
Float Prizes 1st Place - $ 100.00 Boat Parade 1st Place - $100.00
2nd Place- $ 50.00
2nd Place - $ 50.00
Kids Parade All kids that register in costume for the Parade will receive $ 5.00 in an envelope.
Judging for 1st Place ($30.00), 2nd Place ($20.00) and third Place ($10.00) will be done.
(Revised March 10, 2025)
There will be one way traffic for the day to limit congestion.
Maintenance person will be required to work a regular day for Point Leamington Day. This will
be alternated each year, unless holidays are involved.
No smoking on festival grounds.
(65)
Projects
All hiring will be carried out by a hiring committee as set up by Council when necessary.
Projects are to be supervised by maintenance staff.
(66)
Purchasing
All invoices must be signed by Town Clerk/Manager, Maintenance Personnel or those
authorized to sign on behalf of Council.
The Town of Point Leamington participates in the Canoe Procurement MNL Municipal Buying
Program. (Added March 10, 2025).
(67)
Rentals
rental or loaning of any of the town's emergency equipment will be at the discretion of
Maintenance Personnel and used only in the presence of maintenance personnel. (Revised
March 19, 2024).
(68)
Roads
Council will not permit any new development within 25 feet of the center of the road.
Council will not be responsible for damages to existing structures within 25 feet of the center
of the road.
New roads must be 40 feet right of way for two-way traffic.
New roads must be 20 feet right of way for one way traffic.
Cemetery Road will continue to be plowed to the tree line, only after all town roads have been
plowed.
All new developments on town land that require culverts for access to driveways for residential
and or commercial properties will be the sole responsibility of the property owner.(Revised
March 10, 2025).
Maintenance will determine if a culvert needs to be replaced and the homeowner will be
notified. The town will bear the cost associated with the purchase of the new culvert (One
Standard driveway size) as well as labor to install. If pavement needs to be cut and/or
removed, it will be the responsibility of the property owner for cost of replacement. (Revised
March 10, 2025).
Trees are to be trimmed at owner's expense, if impeding traffic and or snow clearing
operations.
Council will follow guidelines from Department of Highways.
(69)
Smoking
No smoking or vaping in any municipal building or vehicle. (Revised February 27, 2023)
No smoking or vaping in park areas, playground or where children/youth play. (Revised
February 27, 2023)
(70)
Snow Clearing
No vehicles are to be parked on the side or shoulder of the roads so as to obstruct snow
clearing operations.
When clearing driveways, residents are not permitted to push snow onto or across the street
so as to impede traffic.
Garbage containers and fences must be clearly marked for snow clearing purposes.
Council will not be responsible for any damages that occur to garbage boxes and fences.
Garbage containers must be no more than 15 feet from the edge of pavement
Council will not be responsible for damages to existing structures within 25 feet of the center
of the road.
Trees are to be trimmed at owner's expense if impeding traffic and or snow clearing
operations.
Maintenance is permitted to clear their own driveways of snow when all other town work is
done.
All hydrants will have markers installed for snow clearing.
Hydrants are to be cleared as soon as possible after a storm.
Adoption of the Highway Traffic Act.
(71)
Street lighting
Council will not take over privately owned street lights.
Lighting will be placed on every second pole where possible. If not feasible, poles will be
placed at locations deemed necessary by Council.
(72)
Tax and Collections
The Town of Point Leamington will post the annual tax levy by January 31 of the current year.
Taxes have to be paid by December 31 and are in arrears on January 1st if not paid.
All employees involved in the collection process must adhere to the policy statements
contained here.
Payment of taxes:
- Tax invoices will be sent out no later than January 31 of every fiscal year. Property
owner is responsible to ensure that the town has their current mailing address on file.
- It is the responsibility of the property owner to understand their tax and interest
obligations regardless of any error in the issuance of notification from the town.
- Taxes imposed by Council are due to be paid on or before June 30 of the fiscal year.
Payment methods:
Tax payments can be made by any of the following means:
- In-person at the town hall.
- Electronically via online banking
- Eft, Electronic fund transfer via email
- Post dated cheques
- Paid by your mortgage provider (property owner has to arrange this with their bank)
Collection Actions:
- Reminders by mail and phone will begin in February for payment of arrears.
- Water/sewer disconnection notices will be hand delivered to the property owners in
March advising them that if no contact is made within 5 business days to make
payment arrangements, services will be cut off. (a $50 fee will also be placed on
account when water/sewer is disconnected).
- Accounts that are in arrears 18 months or longer (with no payment plan in place) shall
be served notice which states that the property is liable to be sold as per section 146 of
the Towns and Local Service Districts Act. Once a property has been served a 90 day
notice of intention, it will not be removed unless payment in full is made.
If Payment plans as negotiated are dishonored, staff may immediately, without notice shut off
water.
The Town Clerk will develop and administer a Tax Recovery Plan (TRP) yearly.
There is 2% interest per month on all overdue accounts. (Revised March 19, 2024.
(73)
Travel
Volunteers traveling to functions as approved by Council will be given payment for cost of
transportation as per Provincial Government Rate when attending out of town meetings.
Travel Claim to be completed.
Travel claims are required for all travel related expensed. These are to be filled out and
presented to clerk prior to travel. All travel claims are to be submitted monthly. (Revised
March 10, 2025)
Travel claims can be paid in advance for Councilors and staff traveling on Town business.
Resolved to follow the Provincial Government Rates for travel expense as approved by the
Provincial Treasury Board.
Claims can be paid, without going through a meeting, for Council representatives when
attending pre-approved meetings or meetings for reps appointed by Council.
(74)
Vehicles/Equipment
Expenses of the Fire Truck are the responsibility of the Town Council. A requisition will be
issued by clerk upon request from the Fire Chief for articles needed.
Council agrees to maintain the first Fire Truck for the Town of Point Leamington. The truck
cannot be disposed of without approval from Council.
Any expenditures of $ 500.00 or over for equipment are to be referred to Council for study.
A Waiver must be signed by property owner if Town equipment goes on that property to pick
up garbage or car wrecks.
Arms of Council and staff must inform Council immediately of any damages that occur to
vehicles or property.
Maintenance logs will be kept of all town vehicles, equipment and lift stations.
(75)
Volunteers
Employees and volunteers will receive an honorarium at the discretion of Council.
Any member unable to work and being under the care of a doctor, whether on Workers
Compensation, Disability Insurance or any other form of insurance, is automatically excused
from active Fire related duties from the first day of the disability and during the full period of
disablement. (Revised February 18, 2019). (See page 23). Full clearance must be received
from the Doctor before the member can resume active duty with his/her organization.
Volunteer Departments must obtain prior approval from Council before making expenditures
that the Town has to pay or reimburse.
Pleasantview and Western Arm residents are welcome to apply for membership with any of
our Arms of Council.
Policy on Honorarium for Volunteers and Volunteer Dinner: See Page 54.
(76)
Waste Disposal
Anti-Litter Act adopted.
Waste Management Collection Policy (as attached) is to be followed. (Addition
February 18, 2019)
Discarded containers - e.g., deep freezers not to be used as garbage boxes.
Garbage to be picked up from the recreational areas.
One car wreck per household per year can be towed away at no expense to the
resident. The wrecks will be moved at the convenience of the Maintenance Department.
(Revised March 19, 2024).
Town will not be responsible for trees.
Tire will be taken if rims are removed. (Added March 10, 2025).
Annual Clean-up will be determined by Council.
The Churches garbage will be treated the same as residential garbage.
Five (5) garbage bags per household permitted. Clear Bags and Blue bags as per
Central Newfoundland Waste Management Policy. No exceptions.
All residential garbage during clean-up week can be delivered by the homeowner to the
disposal site at the town's expense.
Garbage Boxes must be no more than 15 feet from the edge of pavement. All garbage
and recycling have to be taken from the box and placed at the curb on garbage day.
(77)
Water/Sewer
Water and or Sewer (private) regulations adopted (see attached)
Water and Sewer regulations adopted (see attached)
Water/sewer bylaws adopted effective March 1, 1991.
Little Pond has been designated a restricted water supply area and protected watershed
area.
Council does not accept responsibility for clothes damaged or stained due to water.
Water/Sewer fees for apartments or rented houses will be billed to the owner of
property, not the tenant.
Connection Fees
- Water $ 100.00
Sewer - $ 100.00 (Revised February
18, 2019).
No permits will be issued by Council to do any excavation of sewer lines on weekends.
There will be absolutely no tampering with main line without the Maintenance Man being
there to supervise.
No connections will be made to the main line between Nov 15 and May 15 unless
otherwise approved by council.
The depth for waterlines should be a minimum of 6 feet.
Persons having sewer lines extended to low water mark by contractor will be charged a
connection fee as well as monthly sewer rates.
Maintenance Personnel is to be present when connections to water and or sewer take
place.
Water/Sewer to a maximum of 35 Feet or to the boundary lines whichever is closer. In
cases where the water line is going through the main road the resident will be
responsible for the cost to replace the pavement back to its original condition.
A curb stop leak on the owner's side of the curb stop will be cost shared up to a
maximum of $ 200.00. This would be done by way of an application at the Town Office.
The materials used would still be the responsibility of the property owner.
All properties must have a working shut off valve coming from the main line.
(78)
Council is not responsible for anyone having a backup due to drains going into town
sewer. Sewer backups will not be compensated by the town unless liability is proven
through insurance. Residents are advised to have a backwater valve installed.
Home based business with a single w/s line to the building will only pay one w/s bill.
A $ 25.00 fee will be charged for convenience shutoff or turn on of water. In the Winter
Months the homeowner is responsible to clear the site. (Revised March 19, 2024).
The Town is not responsible for personal pavement unless the Town is responsible for
the damages occurred.
If there is a water/sewer problem the Town office should be notified and the Town will
undertake to determine if the problem is the responsibility of the homeowner or the
Town. Council will not be responsible for expenses occurred without prior approval.
All repairs to water/sewer must be compliant with Workplace, Health and Safety
Regulations.
Houses with an attached rental apartment are to be billed an extra water/sewer fee
while the apartment is being occupied.
(Addition February 18, 2019).