WHEREAS the Board of Management for the District of Nipissing East has selected a general contractor for the redevelopment of Cassellholme;
AND WHEREAS the Province of Ontario will guarantee the Provincial Construction Fund Subsidy thereby removing this obligation of the member municipalities;
AND WHEREAS the Ministry of Long-Term Care, on November 29, 2021, provided conditional approval for the Board of Management for the District of Nipissing East to secure a general contractor and proceed with construction;
AND WHEREAS section 127 (3) of the Long-Term Care Homes Act, 2007, S.O. 2007, c.8 (the “Act”) provides as follows:
“Power of district homes to borrow for capital costs
(3) In the circumstances prescribed by regulation and subject to any restrictions or requirements that may be prescribed by regulation, a board that meets the prescribed requirements may borrow such sums as the board considers necessary to meet the capital costs it estimates under subsection (1).”
AND WHEREAS subsection 294.2 of Ontario Regulation 79/10 to the Act provides as follows:
“Capital Costs
294.2 For the purposes of subsection 127 (3) of the Act, a board may borrow such sums as the board considers necessary to meet the capital costs it estimates under subsection (1) of that section in either of the following circumstances:
- Every supporting municipality of the board has passed a resolution that,
- Supports such borrowing by the board, and
- Acknowledges that any repayments on the borrowed sums that the board is required to make that are not covered by the available current revenues of the board are subject to apportionment to supporting municipalities under subsection 126 (1) of the Act.
2. The board is refinancing existing debt.”
AND WHEREAS The Corporation of the Municipality of East Ferris wishes to pass a resolution that supports the borrowing by the Board of Management for the District of Nipissing East;
THE COUNCIL FOR THE CORPORATION OF THE MUNICIPALITY OF EAST FERRIS AUTHORIZES AS FOLLOWS:
- Provided that and conditional upon the Board of Management for the District of Nipissing East irrevocably and unconditionally resolving, covenanting and agreeing in writing to execute and deliver such further and other agreements, assurances, undertakings, acknowledgements or documents, cause such meetings to be held, resolutions passed and by-laws enacted, exercise their vote and influence and do and perform and cause to be done and performed any further and other acts and things as may be necessary or desirable in order for the review and transition of Cassellholme from a territorial district home established and maintained under a board of management to a municipal home to be maintained by The Corporation of the City of North Bay, and whereby starting in 2023 all of the operating costs of Cassellholme are assumed by The Corporation of the City of North Bay thereby removing all of the obligations of the remaining eight municipalities currently members of Cassellholme from any further management, administrative and financial obligation or contribution to Cassellholme with the exception of the capital costs related to their portion of Cassellholme redevelopment set at $122 million, with the understanding that costs related to any and all project change orders are assumed by the Corporation of the City of North Bay should Cassellholme be assumed by the City as a municipal home, then:
(a) In accordance with subsection 294.2 of Ontario Regulation 79/10 to the Act, The Corporation of the Municipality of East Ferris shall resolve to:
-
support the Board of Management for the District of Nipissing East borrowing such sums as the board considers necessary to meet the capital costs it estimates under subsection 127 (1) of the Act for the redevelopment of Cassellholme; and
- acknowledge that any repayments on the borrowed sums that the board is required to make that are not covered by the available current revenues of the board are subject to apportionment to supporting municipalities under subsection 126 (1) of the Act or by the Corporation of the City of North Bay once it has assumed Cassellholme as a municipal home.
(b) The Corporation of the Municipality of East Ferris shall resolve to enter into a guarantee with Ontario Infrastructure and Lands Corporation, on terms and conditions satisfactory to The Corporation of the Municipality of East Ferris in its sole and absolute discretion, to undertake and agree to guarantee The Corporation of the Municipality of East Ferris’ proportionate contribution of the Board of Management for the District of Nipissing East’s debts, liabilities and obligations related to the $122 million redevelopment project and that all future direct or indirect, absolute or contingent, at any time or from time to time due or accruing, due and owing by, or otherwise payable by, the Board of Management for the District of Nipissing East to Ontario Infrastructure and Lands Corporation that relate to the redevelopment of Cassellholme shall be assumed by the Corporation of the City of North Bay once it assumes Cassellholme as a municipal home.
2. THAT a copy of this resolution be sent to the Board of Management for the District of Nipissing East and all member municipalities listed in Schedule 4 on Ontario Regulation 79/10; Minister of Long-Term Care, Rod Phillips; Minister of Health, Christine Elliott; MPP Victor Fedeli; and MPP John Yakabuski.