HomeMy WebLinkAboutBy-law 4954/97 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO, 4954/97
Being a by-law to authorize an agreement
between the Town and the Regional Municipality
of Durham to allow certain employees of the
Town to enforce certain by-laws of the Region.
WHEREAS, Section 141 of the Regional Municipalities Act provides that the Region and any
Area Municipality may enter into agreements, for the use within any part of the regional area, of
the services of their respective officers, employees and equipment, on any such terms and
conditions as the Council deems necessary;
AND WHEREAS the Town Regional municipality intends to pass a by-law appointing as a
Municipal By-Law Enforcement Officer, an employee of the Town of Pickering for the purposes
of enforcing certain by-laws of the Region or parts thereof as set out therein;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. That the Clerk and the Mayor are hereby authorized to execute an agreement with the
Regional Municipality of Durham regarding the terms and conditions governing the
appointment of Town of Picketing Officers and Employees appointed by the Region for
the purposes of enforcing certain by-laws of the Region.
2. That the Clerk request the Regional Municipality of Durham to pass a by-law to appoint
John Wojnicz as a Municipal By-Law Enforcement Officer for the purposes of enforcing
the Region's Sign By-law, and traffic By-law (including the provisions of street vending)
within the geographic limits of the Town of Pickering.
3. That the Clerk request that the Regional Municipality of Durham pass a by-law to set the
fine for an offence under section 2.6 of the Region's Traffic By-law at Two Hundred and
Fifty Dollars ($250.00).
BY-LAW read a first, second and third time and finally passed this 17th day of March, 1997.
Wayne Arthurs, Mayor
~t''?
/l~ruce Taylor, Clerk
CI002
~hla Agreement ~s made In duplicate as of ~h£a
day of ~ 1991.
THE REGIONA~MUNICIPALITYOF DURHAM
OF ~ FI~T P~,
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hereinafter called the 'Area Nunic~ality',
OF THE SECOND PART.
W}tEREAS Section 15 of the Police ServicesAct, 1990,
provides that the Councll of a municl~ality may appolnt persons to
enforce the by-laws of the municipality;
AND WHEREASSectlon 136 of The Regional Municipality
of Durham Act provides that the Region and any Area Municipality
may enter into agreements for the use within any part of the
regional area of the services of their respective officers,
employees and equipment on such terms and conditions that the
Council deems necessary;
ARDWHEREAS the Region has passed'or intends to pass
by-law(s) appointing as Municipal Ey-Law Enforcement Officers
certain employees of the Area Municipalities for the purpose of
enforcing certain by-laws of the Region or parts thereof as set out
therein;
?
AND W~EREAS the parties hereto wish to enter into
this Agree~nent to provide for the tezms and conditions to govern
any such appointments.
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MOW, THEREFORE, THIS AGgEEMENT WITNESSETH that the
Region and the Area Municipality mutually covenant and agree as
follows~
1. The Area Municipality shall provide the services of
such of its officers and/or employees as are nominated by it and
appointed by Regional by-law(s) from time to time for the purpose
of enforcing the by-laws of the Region or parts thereof as set
forth in the aforesaid by-law(s) as amended from time to time.
2. The Region agrees to appoint by by-law(s) such
officers and/or employees of t~e Ares Municipality as the Area
Municipal£ty may designate from time to time, for the purpose of
enforcing the by-laws of the Region or parts thereof as are set
forth in the aforesaid by-law(s) as amended from time to time.
3. It is understood and agreed that the Area
Municipality shall have complete discretion in regard to all
matters relating to the enforcement of any by-laws or l~arts thereof
covered by this Agreement.
4. The Region retains the right to enforce any and all
of its by-laws as 'it sees fit without any restriction whatsoever
arising ss a result of the eppoint~ent contained in the by-law or
the terms and provisions contained in this Agreement and nothing
herein shall be construed as in any way derogating from the
Region's normal duties and responsibilities for such enforcement.
5. The Region agrees to provide s program co-ordinator
who shall ser~e as a liaison person for the purposes of this
Agreement with the Area Huniclpality.
6. The Area Hunlcipality undertakes and agrees to
employ competent end qualified ~ersonnel for the purposes of
enforcing the Region's by-laws as aforesaid.
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?. The Reglon shall have the right to conduct periodlc
reviews as to enforcement by the Area Municipality end may examine
the files and records maintained by the Area Municipality with
respect to such enforcement pursuant to this Agreement. The Area
Municipality shell not be paid any fee for undertaking the
enforcement as permitted by the by-law(s) or this Agreement.
8. Upon the receipt of any fine or penalty arislng es
a result of the initiation of · prosecution by the Area
Municipality, the Region shall, every three (3) months, remit same
to the Area Municipality and provlde it with an indication es to
the prosecution from whlch it arose.
9. The parties hereto specifically consent, each with
the other~ to the release of any information that is required for
the purposes of this Agreement and such consent shall operate as a
specific consent to disclosure in accordance with any legislation
governing the access to and release of such information. Any
further dissemination of such information shall be in accordance
with any requirements of the law, subject to that party's
regarding such release and at the sole risk of the releasing party.
Such relessing party agrees to indemnify and save harmless the
other party to this Agreement against any claims, demands, losses,
costs, actions or suits incurred es s result of such further
release.
10. The Area Municipality agrees that it shall at all
t~mes indemnify and save harmless the 'Region against al! claims,
demands, losses, costs, actions or suits incurred as a result.of s
claim or proceeding relating to the services provided under this
Agreement, unless it was caused by the negligent or wilful act of
an employee of the Region.
11. The Ares Municipality acknowledges and agrees that
the Region, by entering into this Agreement, is allowing for the
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Area Municipality's employees to enforce by-laws solely, and that
this is in no way to be deemed to be construed to be a contract of
employment. Specifically, the parties agree that it is not
~ntended by this Agreement that any employee of the Area
Municipality ia to be an employee of the Region for the purposes of
the Income Tax Act, R.S.C, 1970, (Can) c.C-63, The Canada Pension
Plan Act, R.S.Co 1970, ¢.C-48, The Worker's Compensation Act,
R.S.O. 1980, c. 539, The O~cupation&l Health and Safety Ac=, R.S.O.
1980, c. 321, and The Health Insurance Act, R.S.O. 1980, c. 197,
&ll as amended from time to time, in any legislation and
substitution therefor.
12. The Area Municipality hereby specifically
indemnifies and holds harmless the Region from any and all amounts
required to be paid by it, or claimed to be due and owing for any
and all legal costs (including fees and disbursements on
solicitor-client basis) or administrative costs incurred by the
Region, relating to any failure of theArea Municipality to comply
with the provisions of the Acts described in the preceding
paragraph.
13. This Agreement may be terminated by either party at
any time upon 90 days written notice to that effect being given to
the other party.
14. Any notice, demand, acceptance or request required
to be given hereunder in writing, shall be deemed to be given if
(at any t/me other than during a general discontinuance of postal
services due to a strike, lockout or otherwise) and addressed to
the party to whom it is given as follows~
The Regional Municipality of Durham
105 Consumers Drive
Whitby, Ontario
LiN 6A3
Area Municipality
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Any notice shall be deemed to have been glven to and received by
the party to whom it is addressedm
(a) if delivered, on the date of
delivery~
(b) if mailed, then on the 5th day
after the mailing thereof.
IN WITNESS WHEREOF the parties hereto have executed
this Aqreement under the hands of their authorlzedslgning officers
in that behalf on the date indicated.
DATE= THE KEGIONAL MUNICIPALITY OF
DURRAM
G. Herrema, Regional Chairman
C.W. Lundy, Regional Clerk
DATEr AREA MUNICIPA.LITY