HomeMy WebLinkAboutCL 10-04
REPORT TO
EXECUTIVE COMMITTEE
Report Number: CL 10-04
Date: February 17, 2004
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject:
Assumption of Transit Responsibilities by the Region of Durham
Recommendation:
1.
That Clerk's Report CL 10-04 regarding the transfer of the City's power relating
to transit to the Region of Durham be received.
2.
That the Council of the Corporation of the City of Pickering hereby consents to
Region of Durham By-law Number 11-2004 which provides for the transfer of all
the lower-tier power relating to public transportation systems, other than
highways, to the Region effective July 1, 2004 or such other date as may be
established by resolution of Regional Council.
Executive Summary:
To consent to the assumption of transit responsibilities by the Region of Durham.
Financial Implications:
Not applicable
Background:
Please be advised that Council passed the following resolution at its regular meeting of
February 2, 2004:
WHEREAS the Durham Region Transit Improvement Plan identified
potentially significant benefits that would accrue from further
amalgamation of local conventional and specialized transit services within
the Region and recommended that a business case analysis be
undertaken to determine the costs, benefits and implications associated
with further amalgamation of local transit services in Durham; and
Report CL 10-04
Date: February 17, 2004
Subject: Assumption of Transit Responsibilities by Region of Durham
Page 2
WHEREAS in 2001, Durham's Draft Transportation Master Plan
recommended an implementation strategy to create integrated, Region-
wide conventional and specialized transit service in Durham; and
WHEREAS other upper tier transit systems have capitalized on funding
opportunities from senior levels of government that appear to be
unavailable to lower tier providers due to the nature and scope of the
funding mechanisms; and
WHEREAS the Durham Community Strategic Plan included a strategic
action to develop a viable, affordable and integrated transit system within
the Region and linking with the rest of the Greater Toronto Area; and
WHEREAS the Region of Durham may have greater opportunities to
encourage enhanced GO services through Durham;
NOW THEREFORE BE IT RESOLVED THAT as it would be a requirement
under the Municipal Act, 2001 for a triple majority in order for the upper
tier to assume full responsibility for transit, the Council of the Corporation
of the City of Pickering hereby supports the Regional Municipality of
Durham assuming full authority over bus passenger transportation
systems currently provided at the lower tier effective July 1, 2004; and
FURTHER THAT all transit capital such as transit buildings, buses and
materials be transferred to the Regional Municipality of Durham; and
FURTHER THAT the Regional Municipality of Durham commits to
maintaining and enhancing current service levels; and
FURTHER THAT the Chief Administrative Officer facilitate the process and
discussions respecting the said transfer on the City's behalf and report
back to Council; and
FURTHER THAT a copy of this resolution be forwarded to Wayne Arthurs,
MPP, Dan McTeague, MP, appropriate Ministries and all local
municipalities and transit providers within the Region of Durham.
Attached to this Report is a copy of correspondence from the Regional Clerk dated
February 12, 2004 advising that the Council of the Regional Municipality of Durham has
passed a by-law to assume all of the lower-tier power relating to public transportation
systems, other than highways, effective July 1, 2004 or such other date as may be
established by resolution of Regional Council.
Report CL 10-04
Date: February 17,2004
Subject: Assumption of Transit Responsibilities by Region of Durham
Page 3
The Region is now asking all the area municipalities for their consent to this by-law as
part of the triple majority that is needed for the Region to assume this lower tier
responsibility. Although the February 2nd resolution noted above notes Pickering
Council's support of the Region assuming the responsibility for bus passenger
transportation systems, a separate resolution will be needed to consent to the by-law
that was passed by the Region in order to fulfill the "triple majority" requirement set out
in the Municipal Act.
For Council's information, a "triple majority" is achieved as follows:
1.
A by-law agreeing to assume the responsibility for public transportation systems,
other than highways, must receive the support of a majority of votes of the
Regional Council. This part of the "triple majority" was achieved when the
Region passed the required by-law at a meeting held on February 11, 2004.
2.
A majority of the lower tier municipal councils must pass resolutions consenting
to the by-law. That is the purpose of this Report.
3.
The total number of electors in the consenting lower tier municipalities must form
a majority of electors in the Region.
It is important to note that Section 2(a) of the Regional By-law states that on the
effective date, all rights and obligations and all assets and liabilities of the lower-tier
municipality shall vest in the Regional Corporation subject to such terms and conditions
as may be mutually agreed. The resolution passed by Pickering Council does direct the
City's Chief Administrative Officer to facilitate the process of transferring this
responsibility to the Region and to report back to Council on his discussions and
progress.
Attachments:
1.
Letter from Regional Clerk dated February 12, 2004
Prepared ~
4:'
~uce Taylor
City Clerk
c
Report CL 10-04
Date: February 17, 2004
Subject: Assumption of Transit Responsibilities by Region of Durham
Page 4
Attachments
Copy: Chief Administrative Officer
Director, Operations & Emergency Services
Director, Planning & Development
Director, Corporate Services & Treasurer
Recommended for the consideration of
Pickering City Council
ATTACHMENT#-LTOREPORT# CL.. It:> - D,,/
FAXED - ORIGINAL TO FOllOW
THIS lETTER HAS BEEN FORWARDED
Ig T~f¡5G~: ~\~fEDKS
Gry,/:~ : ,:':,..~m\!G
February 12, 2004
The Regional
Municipality
of Durham
CLEJiKS DIVISION
Clerk's Department
605 ROSSLAND RD. E.
PO BOX 623
WHITBY ON L 1 N 6A3
. CANADA
905-668- 7711
1-800-372-1102
~:~i~05-668-9963 RE: REGION OF DURHAM TRANSIT BY-LAW, FILE: AO1-31
clerks@region.durham.on.ca 2004-RTIC-1 OUR FILE: TO5-00
Mr. B. Taylor
City of Pickering
1 The Esplanade
Pickering, ON L 1 V 6K7
www.region.durham.on.ca
Mr. Taylor, the Committee of the Whole of Regional Council considered
Pat ,M. Madill, A.M.C,T., CMM I the above matter and' at a meeting held on February. 11 2004 Council
Regional Clerk , ,
. adopted the following recommendations of the Committee:
"a) THAT the draft by-law, Attachment 1 to Report #2004-RTIC-1 of the
Commissioner of Planning, providing for the transfer of the lower-tier
power relating to public transportation systems, other than highways
(transit) to the Region, be presented to Council for enactment; and
b)
THAT the by-law, if enacted, be forwarded to the Council of the
lower-tier municipalities requesting resolutions consenting to the by-
law, and further, that their responses be received on or before
March 24, 2004."
It would be appreciated if you could draw this to the attention of your
. Council at your earliest opportunity. In accordance with the above-stated
recommendations, please forward your response by fax, on or before
March 24, 2004, with the original to follow.
ities"
@
100% Post Consumer
f',TTACH M Eí\/1 Ù,~ TO REPORT # C L / 0 -- 0 It
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Enclosed is a copy of By~law #11-2004, as well as a copy of Report
#2004-RTIC-1 of AL. Georgieff, Commissioner of PI~nning.
\,~'.
P.M. Madill, AMCT, CMM I
Regional Clerk
PMM/cg
Enclosure
c: AL. Georgieff, Commissioner of Planning.
. B.J. Roy, Regional Solicitor .
C. Curtis, Commissioner of Works
R.J. Clapp, Commissioner of Finance'
BY-LAW NUMBER 11.2004
OF ATTACHMENT#--L TO REPORT # C( /c-o'f
-
THE REGIONAL MUNICIPALITY OF DURHAM
being a by-law to transfer all of the lower-tier power relating to public transportation
systems, other than highways, to the Region from all of its lower-tier municipalities.
WHEREAS section 189 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the "Act") provides that an upper-tier municipality may pass a by-law to
provide for the transfer of all or part of a lower-tier power to the upper-tier municipality
from one or more of its lower-tier municipalities which are specified in the by-law;
AND WHEREAS public transportation systems. other than highways, are defined
in section 188 of the Act as a lower-tier power;
AND WHEREAS the Council of The Regional Municipality of Durham desires to
provide for the transfer of all of the power relating to public transportations systems,
other than highways, to the Region from all of its lower-tier municipalities;
NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-
law of The Regional Municipality of Durham through the Council thereof as follows:
1.
The Regional Municipality of Durham hereby transfers all of the lower-tier power
relating to public transportation systems, other than highways, to the Region
from all of its lower-tier municipalities effective July 1, 2004 or such other date as
may be established by resolution of Regional Council (the "effective date").
2.
On the effective date:
(a)
All rights and obligations and all assets and liabilities, including all real and
personal property of the lower-tier municipalities pertaining to or used for
public transportation systems, other than highways, shall vest in the
Regional Corporation subject to such terms and conditions as may be
mutually agreed; and
(b)
the interest and obligation of each lower-tier municipality in any
agreement, purchase order, or lease respecting the provision of public
transportation systems, other than highways, shall be assumed by the
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Regional Corporation and the respective lower-tier municipality shall be
relieved of all liability under such agreements.
BY-LAW read a first time this 11th day of February 2004.
BY-LAW read a second time this 11th day of February 2004.
BY-LAW read a third time and finally passed this 11th day of February 2004.
~/~
grAnderson, Regional Chair
~j¿z)
P.M. Madill, Regional Clerk
i'l flAC¡-¡¡v¡¿iY {; I
REPORT # -.::~ {Ö - (.1 Y
The Regional Municipality of Durham
RECOMMENDATION, AS AMENDED
REGIONAL TRANSIT IMPLEMENTATION COMMITTEE
FEBRUARY 3, 2004
The following are the recommendations, as amended, pertaining to Report
#2004-RTIC-1 of the Commissioner of Planning, adopted by the Regional Transit
Implementation Committee at their meeting held on February 3,2004:
/
"RECOMMENDATIONS TO COUNCIL
/
a)
THAT the draft by-law, Attachment 1 to Report #2004-RTIC-1 of the
Commissioner of Planning, providing for the transfer of the lower-tier power
relating to public transportation systems, other than highways (transit) to the
Region, be presented to Council for enactment; and
b)
THAT the by-law, if enacted, be forwarded to the Council of the lower-tier
municipalities requesting resolutions consenting to the by-law, and further,
that their responses be received on or before March 24, 2004."
(See Appendix 1, Report #2003-RTIC-1)
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¡{iYUHJ #!:::.!:.IU -. ú'f Appendix 1
The Regional Municipality of Durham
To: The Regional Transit Implementation Committee
From: Commissioner of Planning
Report No.: 2004-RTIC-1
Date: February 3, 2004
SUBJECT:
Region of Durham Transit By-law, File: A01-31
RECOMMENDATIONS:
/ .
THAT the draft by-law (Attachment 1) providing for the transfer of the lower-
tier power relating to public transportation systems, other than highways
(transit) to the Region, be presented to Council for enactment; and
a)
b)
THAT the by-law, if enacted, be forwarded to the Councils of the lower-tier
municipalities requesting resolutions consenting to the by-law.
REPORT:
1.
1.1
2.
2.1
2.2
PURPOSE
The purpose of this report is to set out the statutory procedure by which public
transportation systems (transit) can be transferred from the lower-tier
municipalities to the Region.
BACKGROUND
The Municipal Act, 2001 permits the migration of certain services and facilities
between upper and lower-tier municipalities. Currently the powers for
operating public transportation systems, other than highways (transit) rest
with the lower-tier municipalities in Durham.
In January, 2004, the Municipality of Clarington passed a resolution
supporting the Regional Municipality of Durham assuming full authority over
bus passenger transportation systems currently provided by the lower-tier
municipalities, effective July 1 2004 (refer to Attachment 2 for full resolution).
On January 21,2004, Regional Council endorsed that resolution.
2
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Report No.: 2004-RTIC-1
Page No.2
/
3.
3.1
3.2
3.3
4.
4.1
MUNICIPAL ACT
Currently, Section 188 of the Municipal Act identifies "public transportation
systems-¡ other than h!ghw~ys" (transit) as a "power" that8.-lower-tier
municipality can exercise. As such, Section 189 of the Act details the process
for the transfer of power to the upper-tier.
For the Region to assume power for public transit, the Act requires that
Regional Council enact a by-law enabling the transfer of jurisdiction over
public transit from the lower-tier municipalities to the Region. Th~ by-law,
however, does not come into full force and effect until a "triple majority" is /
achieved:
. the by-law must receive the support of a majority of votes of Regional
Council;
. a majority of the lower tier municipal councils must pass resolutions
consenting to the by-law; and
. the total number of electors in the consenting lower tier municipalities
must form a majority of electors in the Region. The number of electors is
determined by the polling list from the last regular election.
The Municipality of Clarington resolution specified that the Region of Durham
assume authority over "bus passenger transportation systems". To align the
resolution with the language of the Act, it is recommended that this be
broadened to "public transportation systems, other than highways" (transit)
within the by-law. This will also clarify that the Region has the opportunity to
consider other forms of transit technology in the future. Further, it is assumed
for the purposes of this by-law that "public transportation systems, other than
highways" (transit) includes conventional and specialized transit services.
EFFECT OF THE BY-LAW
Recognizing Council's January 21, 2004 resolution, a draft by-law
(Attachment 1) has been prepared for consideration. The draft provides for
the transfer of the lower-tier power relating to public transportation systems,
other than highways (transit) to the Region effective July 1, 2004 or such
other date as Council may determine. The by-law also provides that all assets
and liabilities, including existing contracts pertaining to or used for public
transportation systems (transit), will be transferred to the Region. The detailed
. 3
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Report No.:
2004-RTIC-1
Page No.3
terms of the transfer of assets have not been set out in the by-law. These
issues will have to be resolved prior to the transfer date.
4.2
Should Council pass the by-law and obtain the required majority-at the lowE!r-
tier, as of the effective date:
. the Region will have exclusive jurisdiction over public transportation
systems (transit); and
. all the lower-tier municipalities, whether consenting or not, will be bound
by the by-law and will no longer be empower~ to oper~t~ public
transportation systems (transit).
5.
CONCLUSION
5.1
In order to effect the transfer of public transit services to the Region, it is
necessary to follow the statutory procedures set out in the Municipal Act. To
accomplish this, it is recommended that the attached by-law be passed and
circulated to the lower-tier municipalities, requesting their support of its
enactment by resolution.
5.2
This report has been prepared in consultation with the Regional Solicitor.
,~
)11
AL. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning
::j
Attachments:
1.
2.
Draft Region of Durham Transit By-law
Municipality of Clarington Resolution
H:\1-2\agendas\Transit Implementation Committee\O2-03-04\2004-RTlC- .DOC
4
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Attachment 1
to Report #2004-RTIC-1
BY-LAW NUMBER
-2004
OF
THE REGIONAL MUNICIPALITY OF DURHAM
being a by-law to transfer all of the 10weI..tjer power relating to puþlic transportation
systems, other than highways, to the Region from all of its lower-tier municipalities.
WHEREAS section 189 of the Municipal Act, 2001, S.D. 2001, c. 25, as
amended (the "Act") provides that an upper-tier municipality may pass a by-law to
provide for the transfertöf all or part of a lowe?tier power to the upper-tie~ municipality
from one or more of its lower-tier municipalities which are specified in the by-law;
AND WHEREAS public transportation systems, other than highways, are defined
in section 188 of the Act as a lower-tier power;
AND WHEREAS the Council of The Regional Municipality of Durham desires to
provide for the transfer of all of the power relating to public transportations systems,
other than highways, to the Region from all of its lower-tier municipalities;
NOW, THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-
law of The Regional Municipality of Durham through the Council thereof as follows:
1.
The Regional Municipality of Durham hereby transfers all of the lower-tier power
relating to public transportation systems, other than highways, to the Region from
all of its lower-tier municipalities effective July 1, 2004 or such other date as may
be established by resolution of Regional Council (the "effective date").
5
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2.
On the effective date:
(a)
-.
(b)
,..
All rights and obligations and all assets and liabilities, including all real and
personal property of the lower-tier municipalities pertaining to or used for
publici¡ an;:¡portation systems, other than highways, shaH vest in the
Regional Corporation subject to such terms and conditions as may be
mutually agreed; and
the interest and obligation of each lower-tier municipality in any
agreement, purchase order, or lease regpecting the provision- of public
transportation systems, other than highways, shall be assumed by the
Regional Corporation and the respective lower-tier municipality shall be
relieved of all liability under such agreements.
BY-LAW read a first time this 11th day of February 2004.
BY-LAW read a second time this 11th day of February 2004.
BY-LAW read a third time and finally passed this 11th day of February 2004.
P.M. Madill, Regional Clerk
Roger Anderson, Regional Chair
..~'~
6
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. , . I '# c. i 10 -.. () 1.1 . Attachment 2 .
r..-~. ::::::.-. . -, to Report 112004-RT:
Clarj n of IW . - DU~!;' ~ ~ - ~::'~ '~~.::.;~
Leadingtœ~~ . '",' j io: .
. .: ~
.., J^~! 1 5 2004 IIi Copy ~
January 13, 2004 t,. . '! T c: '
Ms, p, Madill, Regional Clerk ~,:: . . . . ;:-:'.~)!: £-,,1<'>.., , 11 =:
Reg¡.Q~a! Municipality of Durham JFilë#"""'-""~'~""""'-.J'. . ..:"-"';J.~ .' . .- . .,-
~;fi~~.s~~nt f~~~îast . '-"'-"'- fP;-'~ ~ =l~
Dear Ms. Madill: . . '..' :~o;..A"~o^._,,-J=
RE:
AMALGAMATION OF LOCAL TRANSIT SERVICES IN DURHAM REGION
At a meeting field on January 12, 2004, the General Purpose and Administration
Committee of the Municipality of Clarington passed the following resolution:
'WHEREAS the Durham Regional Transit Improvement Plan
identified potentially significant benefits that would accrue from
further amalgamation of local conventional and specialized transit
services within the Region and recommended that a business case
analysis be undertaken to determine the costs, benefits and
implications associated with further amalgamation of local transit
services in Durham;
WHEREAS in 2001, Durham's Draft Transportation Master Plan
recommended an implementation strategy to create integrated,
region-wide conventional and specialized transit service in Durham;
WHEREAS other upper tier transit systems have capitalized on
funding opportunities from senior levels of government that appear
to be unavailable to lower tier transit providers due to the nature and
scope of the funding mechanisms;
,
.'
WHEREAS the Durham Community Strategic Plan included a
strategic action to develop a viable, affordable and integrated transit
system within the Region and linking with the rest of the Greater
Toronto Area: .
AND WHEREAS the Regíon of Durham may have greater
opportunities to encourage enhanced GO services through Durham;
l~~ ~.~)
CORPORArlON OF THE MUNICIPALITY OF CLARINGTC
40 TEMPERANCE STf'EET. BOWMANVILLE. ONTARIO L1C 3A6 T (905)623-33
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cL 10- ,'st
Ms. P. Madill
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January 13, 2004
NOW THEREFORE BE IT RESOLVED THAT as it would be a
requirement under the Municipal Act, 2001 for a triple majority in
order for the upper tier to assume full responsibility for transit, the
- Council of the Municipality of Clarington supports the Regional
Municipality of Durham assuming full authority over bus passenger
transportation sY't::.,::,~-':f ~!.Jrrently prov¡ded at'the lower tier effective
July 1 !It, 2004;
THAT all transit capital such as transit buildings, buses and
materials be transferred to Durham Region;
THAT Durham Region commits to maintaining and enhant;lng
current service levels; and /
THAT a copy of the resolution be forwarded to all local municipalities
and transit providers within the Region of Durham to be endorsed
and forwarded back to Durham Region no later than
February 2812004 FORTHWITH,"
PLB:cv
cc:
M. de Rond, Clerk, Town of Ajax
G.S. Graham. Clerk-Administrator, Township of Brock
S. Kranc, Clerk, City of Oshawa
B. Taylor, Clerk, City of Pickering
K. Coates, Clerk, Township of Scugog
W.E. Taylor. Clerk, Township of Uxbridge
D.G. McKay, Corporation of the Town of Whitby
G. McNeil, The Greater Toronto Area Transit Authority
N. Killens, Ajax Pickering Transit Authority
G. McNeill. GO Transit '
N. Pidwerbecki, Oshawa Transit Commission
D. Gooding, Whitby Transit
AS. Cannella, Director of Engineering Services
'. ,
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