While plots remained available, any entity or individual could also request to use a plot at an existing garden, or submit a request for a new garden to be developed. The application process for development of a new community garden would remain the same. Development of new community gardens would be considered on an annual basis, depending on interest. New community gardens may also be built as parks are being redeveloped, if public engagement suggests there is need and interest. The cost to develop a community garden would be the responsibility of the City. Relaxed requirements for the Community Garden Coordinator would allow the opportunity for more residents to participate. Insurance would be recommended, but no longer required, creating less of a financial burden to the Community Garden Coordinator. A proposed gardener fee would help to cover in part the costs associated with the operation of existing community gardens. Specific changes to Policy which would support the City-led community gardens are listed below.

Changes to Conditions of Use:

• In comparing the policies in place in several municipalities in Ontario, we found that it is more common not to require a Licensee to be responsible for operating an entire community garden, but rather, allowing individuals or a smaller group to be authorized to use a portion of an existing community garden. The proposed model would require an agreement to be signed by the Community Garden Coordinator on an annual basis.

• The City would establish a code of conduct (the “Code of Conduct”) and each individual gardener at the community garden would be required to sign a waiver assuming all risks associated with their use of the community garden, and releasing and indemnifying the City from any claims or actions resulting from their use of the community garden (the “Gardener Waiver”).

• Each individual garden would be required to pay an annual cost associated with the operation of the community garden. An initial cost of $40 per plot is proposed, which will be reviewed during policy development, if Option 2 is chosen by Council.

• At this time, our licence agreements require $2,000,000 in comprehensive general liability insurance, satisfactory in form and content to the City. This liability insurance was required by the City to protect the Licensee in the event that an individual was injured while using the garden. If the City took a more active role in managing these gardens, insurance would no longer be required from the Community Garden Coordinator. However, it would be recommended in order for the Community Garden Coordinator to protect itself from liability should a claim or action be brought against the Community Garden Coordinator as a result of their use of the community garden. The Community Garden Coordinator may be willing to take that risk, and elect to not provide the City with liability insurance.

• Plot assignment would be on a first come, first serve basis, with the gardener having the right of first refusal for the next gardening season (Running April 1-March 31).

Changes to Responsibility:

Environment and Sustainability Coordinator:

• Would remain the primary contact internally for the Community Garden Committee and would be the primary contact for the Community Garden Coordinator at each garden;