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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~, - and - 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. -2- 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. -3- ?. 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 - 4 - 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 - 5 - 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