Bill NTC 2022-02

Authorization Reference: NTC 8-2022
Minute Item 9.1

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

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

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

NOW THEREFORE the Niagara Transit Commission enacts as follows:

Definitions

1. In this by-law:

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

 

Requirement to Pay Fare - Conditions of Use

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

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

Fare Media

3. Fare media shall:

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

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

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

Conduct on Transit System

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

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

7. No person shall on a transit vehicle:

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

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

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

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

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

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

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

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

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

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

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

Enforcement

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

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

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

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

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

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

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

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

Bill No. 2022-38

Authorization Reference: CL 11-2022
Minute Item 4.1

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 1
Definitions

1.1 In this by-law,

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

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

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

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

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

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

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

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

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

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

"Region" means The Regional Municipality of Niagara;

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

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

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

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

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

ARTICLE 2
Niagara Transit Commission

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

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

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

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

ARTICLE 3
Purpose

3.1 The purposes of the NTC are:

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

ARTICLE 4
Governance

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

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

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

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

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

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

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

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

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

ARTICLE 5
Meetings

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 6
Commission Responsibilities and Authority

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 8
Auditor

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

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

ARTICLE 9
General Manager Responsibilities

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

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

THE REGIONAL MUNICIPALITY OF NIAGARA
Passed: May 26, 2022

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

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

SCHEDULE "B"
Niagara Region Corporate and Administrative Support Services

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

SCHEDULE "C"
Commission Corporate and Administrative Support Services Responsibilities

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