HomeMy WebLinkAboutL14/99
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REPORT TO 'COUNCIL
FROM: Jane Burton
Solicitor DATE March 17, 1999
REPORT NUMBER: L 14/99
SUBJECT: Bill t o8, The Stncaml nirrg of Admvtistrati of provincial Offences Act.
- Provincial Offences Act (POA) - Transfer
_ File: L959502
RECOMMENDATION:
Transfer to sununanze the opportunity presented by Bill 108 (Provincial Offences Act
R ) in opt m1o this a~potu>lzat revenue gcnerattn8 pn»n with other Municipalities in Durham
tgiort..Gr
ORIGIN:
The Ministry of the Attorney General.
Provincial - Municipal rtalignment of Services.
AUI IIORfI Y: Bill 108 - 77r Sormrdixirrg of A h i,, ,vj. of Provincial Offences Act
FINANCIAL. IMPLICATIONS:
Net F_strrrrsftd Annual Revenue for Durfwn Region
(bawd on the tigtuxs provided by The NUMA y of tht Attorney General) $2292,81 9-oo
' EXECUTIVE SUMMARY:
Th
&kpancl e Province's commitmeat t0 -d-ing the size and cost of govcrnarcnt rtsrrhtd in the Crombie
rom'l n n m transfer responsibility
focer thePro
admg►tstrat:on aid proeecrman matters from the Provin to Offences Act ("POA-)
rsl" +br7itp, which may be to either the local , brsmrcvirnpcailan l The iransfa of this
Pro I fiances that it will result in a net ° ip l~> is accompanied by
revenue gain to the mraricipality_
The Passing of Brill log, The S&emwfmmg Of Admoristranon
Y In- 11, 1498, provides the frarneworlc for the °f P1 ici~~'~s Act, 1997, on
P'rn'°u''al 4$enaes Ad (PpA) transfer.
C-Cntly'he P--x d Off--g s Act services in Durhamt
Court Service Area, which include an aheaO° ate ddiveral tl~otgh the Oshawa
Diatrarn municipalities and the Region within the bour>daiies of
t = On November 8 1998, the Murismy of the AtAxncy GerberaJ held an lnc -
for the
Session
i y fi : a Court Service Area, to provde an for
arplm the goat of the Trauma project the ieraLS of to
d-) , e proposed nature of the bra ?--ally describe
op torts that aut'slwght to be transferred io the rnr>nicipal sactor.
1 'P J l
7270
Report to Council L'ai99
Mares 17, 1949
.
mtinu
BiA I~ Tbc tgofAdministration PAP2
otProvmcia) 4ffe Act
In
submission indicating Septeta6er, 1998, the Ministry of the Attoaxy Genual invited municipalities to prepare $ `
teadines,to:assume POA responsibilities and.demon hateIkirabilityto
maintain the eatisting range and level of court administrative and pros .services within the
Court
Service Atea.
The' Ptrivu ce,,,n accept only oue submission from ea h Conti
arid :Service Via, therefore the Region
arcs `municipalities will have to negotiate an intermi rt
rcipal setvire; aagreement among
tl> selves to share in the POA responsibilities, :mNenues and costs.. This Agreement, must be
eomplged before the Region and. area municipalities ran make, their stibmissions to become .a
tnimxxpal patUxr with the Muiistry: The Ministry will accept potential
%ibinissiotis at any time partners dur who matte their
during the row tw o years The M'm" ' ~ '
PW Pis will be required ,
Uarnlu agreerimw with the Province 'which to sign a
writ cost of a aietttorandum of tmderstandinig and a
local side agreement that would
assets (e.g- office egidprnent). cover site-specific wrafkgarbents~ such as .the transfer of staff and
In addition to collecting ftittue each municipal Put" twill receive the accumulated net
revenue for its area held in ciao since Jaraiary 1„ 1998. Municipati5es wi0 receive these ftinds at the
time the transfrr agreanent is fmaliied. POA net revenue will be shared •among municipalities
within the Court Service Ares according to -die terms set out m their,'isitentrrrticipat seance
The ne)a step in the process would be a review of the documentation provided by the Province with
respect to this "as is7 transfer The review would entail,. at a minimum, an examination of financial
data, human resources and, staffm
sufficient d 8' court and adniinisirative facilities 'and' technological:
Y anroquiretrients This reviicw is absolutely-critical to ermar that the opportunity can be
properly evaluated and that tvtryone isprpccedin
move g with the correct inionnatiai. Any decision to
forward with the trwlsfer mint be:based on,;yerified information and realistic expectations.
The local municipalities along with theRegion organized a Dtutiam POA Task Force to discuss the
Possibi OY of a point partr>Aip to investigate the fi,,,ial aspects of this program as information
became available- It Was i the caisettsta of the Program
Force that neither the Region nor the area
ratrnicipaiities have requisite staff r murces available to undertake such an investigation in-lioiise. it
was suggested, that Brian Roy ° on behalf of the Region of DurkM recommend retaining an
serviceto timdertalce the necessary studies to
review, wovtd be ai the R Regrorial Council and that such a
which~$ It was also discussed that a Steering Committee be
eortiprn>ed of one representative fivm each of the area municipalities
and the Region- Initially, tlii,Steering Committee would -look at.developmg the terms of.'reference`
€or huritrg a consultant and wand oversee the eonsuttaru°s activities .
The consultant:
would undertake a comps denstve (ei jew of the true and operations of provincial
service deilivixyoptiori, the (15havva Go>nt $~vice Area and to provide'ahernative and preferred
All information std tirxt ores provided by the consultant will be provided to the Region and
area row- ircipal cotvmis The approval..
BACKCROLJh1D
On June: l a 1998, the Province of Ontario passed 1eg;sietivn kaown as the
t #ct (BtI
l .108), Which.provides"a framea*ork for.dowInIngo8
f
to mums of adm lities for.offea~ccs governed by the p
lr.: au(POA) - ;
ad PmsccukwW functions.
O
oftbe Atmrziey t'erel hdd an Infbcnradon Plannix
die Regiond M
W Session
Clambm
Fbbee Wives €iorn each of the arts sD
Sa'''txs, .RegtoW sta$ the senior Regimajus6m oft ~ urharn
Odtriio Coat " ' -
MPMsenting
the
(PravncW .Ihvnitio~ Ctawn RgOW cif Durban and tit»nerm
Y 271
Report to Covr c, L ] 4/99
March 17. 1999
Subjact Bill 109, The Streamlining of Administration
r
of Provincial Offences Act PW 3
r -
Poo* to , g the Courts Administration Central East R
th attendance. In all
ere *CM approximately 40 people, including g egg were
rnr$tives from the Province who conduct
the day's session ,
The meeting was to pro„-.de an opportunity for provincial
explain the goal of the Transfer Project, the tevas of the eves to
proposed transfer and to`g ~ly
the nature of the business and operations that are sought to be transferred to the run ;1 describe
binder containing extensive infomration was distributed to each of the attendees P~ sector. A
report
t are excerpts frond that material, i.e. the provincial flffeaces'Act ttacheu~ to this
of costs of POA filir~ a Human Resources activity, a Provincial estimate
outline, Facilities Description and a revenue. AM Cost
arral}sis. As can be seen from a review of this material; the Pro vince is Planning re transfer to the
municipal sector what amounts to be a new business.
The following is backgr m information regarding the Provincial Offences Act Transfer
The Wmistry ofthe Attorney General currrntty administers the Provincial Off
and retains the associated revenue from fines. 77- Pr-nciad cokes Court in Ontario
out processes to be followed for admi 9c is the legislation that sets
enforcement arrthorities tinder n~ia~ng and prosecZrtrng charges laid by police and other
provincial statutes and municipal by-laws. There are three Procedtnal
"streams" m the POA affected by the transfer
Part f governs minor regulatory offenc.
Part lI governs Parking infractions
Part III governs serious regulatory offences which a court appearance is mandatory.
The responsibilities being transferred to the municipal sector are.
Administrative, prosmutorW and court SWM functions for Pant I offenses (
ticket offences - including speeding under the Highway Traffic Act)- regulatory
Administrative, prosecutor and court support functions f the remainder of Part II
offer (parking tickets) not currently administered
Administrative and court b3 or rn-icrpalities; and
support functions for Part III offences, which are offences
an" and to which a CDM serious Cncumsta-c and or where no set fare exists for the offence
prance is mandatory- Some provincial ministries will continue
to Prosecute some Part I and Part III charges and existing municipal
fi>nczions are rrotaffocied by this transfer prosecutorial
Cow sUPPOrt a»d administrative functions include the schedulin and
d~ tr-bunng notices of trial and notices of defau g tracking court time,
providing court 1t maintaining links to Ministry of Tr ansportation
reporting and oast clcrkuug fruxtions establishing pro
Viding and
l ~coupre-n i a1~.R~Ow e9uiPment and all fine collection duties- Prosecutor functions
} acLvuties_ The Province envisions an "as a transfer of
Following the bansfer of POA responsibilities, mnkipal Partr>eis rvrZJ receive all of the revenue
R.
they colloct from the fines and will
they e the cost of pay various other expenses to the province. Other
M'Ud ,4,dir, (Iiisirce of the Peace), the cost of moni
with the municipal Partner and the cost of part III pros ns The toring the transfer agreement
accumulated net revenue for its area oollecied after Jan rn'mK►Pa1 partner will receive
agarneiu is faali_ POA net revenue uary l> 1998 the tmr
the transfer
agree Senjee Area will be
aecor,diiig to the terms set out in an irtterm municipalities within the Corot
issues arc not affected by this transfer - un>cipal service agreement Enforcement
For-the fscxl ysar err3mg Match .1997, the
FO r . _ T Oshawa Court Service Area processed in excess of
c!ffence p!Tngs, of which 26.9°/. rcc}uircd in court disposition. The
Ttrreeo aw4 des a down of the costs and rcverr, ('Drat S-92 819: axucludcs >rvaa t of all Oshawe
that the tstmuated annual
txPerts. is
t
272x
f Report to Coumci I L 14/99
March 17, 1994
Subject: BiII IN, The Streamlining of Administration p 4
Of Provincial Offences Act
The--Pro- vine is 4w nut m the Transfer of POA responsibility over a 2 year period concluding in the
tall of 2000.. Seven initial demoristratiop snes have been
approved, representative of seven court
service areas and about so municipalities. These sites will act as mentor sites after implementation
is complete in their arm The municipal partners initially approved by the Province are:
- Regional Municipality of York - Newmarket court service area;
Corporation of the City of North Bay - North Bay/Nipissing court service area;
Municipality of Muskoka - Bracebridge court service area;
- Corporation of the City of Mississauga -Mississauga court service area,
- Town of Caledon - OrangeviIk/J)ufferin court service area; and
- Corporation of the City of Barrie Barrie and Orillia court service area-
In order to review and examine the information provided by The Ministry of Attorney General, the
representatives from the Region and area municipalities (POA Task Force) felt it appropriate to
main a consultant to undertake these necessary reviews- The review is absolutely critical to ensure
dat the oPportunity can be properly evaluated and that everyoM is proceeding with the correct
information. Any decision to move forward with the transfer must be based upon verified
information and realistic expectations. Since neither the Region nor the area municipalities have the
requisite staff resources available to undertake such a study in-house, it w-as a consensus of the Task
Force that 3rian Roy, Regional Solicitor, on behalf of the Oshawa Court Services Area- recommend
to retain a consultant to Regional Council, at the Region's expense, to assist the Region and Area
municipalities in reviewing the proposed provincial Offences Act Transfer. It was also discussed
that a Steering Committee be established comprising of one representative from. each municipality
and the, Region to develop the terms of reference for hiring the consultant and oversee `their
activities
On February 10, 1999, Regional Council approved in principle recommendations to retain a
cortsultant to assist the Region and area municipalities in reviewing the proposed Provincial
Ot'r-- Act Transfer, subject to its approval of the terms of reference and budget amount for the
consu ham-
On` March 24, 1999, Regional Council approved the Steering Committee's recommendations
regarding the transfer of operational; responsibilities for the Provincial Offences Act and more
specifically approved the Terms of Reference for hiring a consultant at a cost to the Region not to
exceed $100,000.w
It is anticipated that the consultant will-
i- provide the respective Councils of the Region and area municipalities with concise and
ttr°rough mformafm regarding revenues and costs associated with the Provincial Offences
Act Transfer,
2. ewe con-nation with the existing municipal partners currently being phased into the
transfer of POA responsibflity in Ontario;
3. identify and assess each of the components in an "as is" seamless transfer, including
assessment of all facility, human resource and technol gicai issues
4. re
r-Po view and asess the exigmg municipal ability and readiness to 'assume, POA
-bi s, which will inchrde assessmetrt of their existing facility, management and
technological required of a primary service provider,
-v 5. provide options with respect to primary service delivery, revenue and
arrangements between the municipal cost sharing -
Partners, and identification of opportunities to share'
resources across the Court Service Area and to reduce capital and operating costs. Tbc pros
and torts of each option to be provided;
44,
k
273
v^ Rxt to Cornier! L14/99
March 17, 1999
rF_ - Subject. Bill lK The SUMmlining ofAdministralion
of Provincial Offences Act 5
6- recommend and support a preferred service deliv
terns of an a} aptiort including the tecommcnc
_.r Pal serve agrrement. and
7- r0commcn l a Corporate and Transitional
Mamgemert: S,truclu a to manage the transfer of
responsibilities that will `ensure the integrity of the justice system is not c..Promised and
service levels are not reduced.
The following is a tentative schedule of events as approved by the Steering Committee:
Events _ Dates
Release of RFP (advertised) Tuesday, Mardi 30, 1999
RFP Close date Thtusdav April 19, 1999
Remotion, award, contract execution
Final report on tasks FridW Y> e 1 9999
Friday, October r t5: 1999
Afterwards, Regional Council and the area municipal CounclLs would be presented with a preferred
option for their consderatton and approval
. Subsequent to the approval of a preferred
option, it is
hoped that an application and submission to the Province to implement the preferred option to allow
for the transfer of oPc a6Onal responsibility could be submitted by the end of the and that actual
takeover could occur catty in the year 2000 year
ATTACI*AENI':
Information data obtained by The Ministry of the Attorney General.
Prepared By:
Approved !'Endorsed By:
C-' t~ faonti
J d arsons sane Burton
JEP:ljin`
Attachments
Copy: Chief Administrative Officer
Town Clerk
Director of Finance and Treasurer
Recommended for the of Pickering
Town Council
nas 1- Qu1 Chief Adm Officer
Yx _
i
t \
AN
h`.
.z
ATf'A
a-rnENru I -To •
ART
Court Profile of
Provincial Offences
ea,mr to bxww;bm a Administration
Centre in
tc
lake OSHAWA
Deomba IM
r -
uxukkv
~pm Ferr7~ ' -
PSd' _ `
NORTH YO
' 0.4T~R/O
t4KC
Y~
k ~ j
_ d 4i . ~G: ~ 'GR`:~~~ ti. •.r. rte. .
T.
s 275
t"TdMa Fo►etaii
~UE
ne! of De*ated Fries $3,577,694
and Victim Fine Surcharge
EXPENSES:
COURTS ADMINISTRATION
court A&r ati
Court Support $473.Mg
TOTAL COURTS ADMIN COSTS 550.761
r FACums 111.836
PART 1 PROSECuTjoM 85,624
TRANSFERRED PROV. COSTS 748.221
OTHER MUNICIPAL COSTS TBD
(NR 8ankir)S Cash Mgmf)
DIRECT MUMCIPAL EXPENSES 748,221
'PROVINCIAL COSTS PAYABLE 536,654
( ti Part III ProsecutiM Mm Wing Costs)
TOTAL EXPENSES $1,284,875
NET ESTIMATED REVENUE $2,292,819
(tom be`shared by Municipalities-
as per'7nterrnunicipsl Service Agreement)
r r k -
REVENUE
s.~._ C
RFVFNAJE :
Cash Receipts for 1996197 excludes Accounts Receivables
Source; 1996197 Public Accounts of Ontario
• Net"of Dedicated Charges include:
- Victim Fine Surcharge t
Game & Fish
Federal Contraventions
` - Municipal Parking Fines
- Criminal Code Charges Fines
• Revenue Distribauon calculation by POAC based on:
- ealc slated % of total provincial charges disposed (1996197) applicable to POAC.
- applied percentage above to Revenue per Public Accounts (199&" less dedicated
r charges
I
EXPENSES
• Total Courts Administration! Costs
- source; court profiles
Court Administration costs includes administration staff salaries and benefits, ODOE,
j and ICON charges
- Court Support costs include salaries and benefits of courtroom staff
• Facilities Cosa
source; court profile, includes base and satellite, and prosecutors office space costs
i ` PartI Prosecution Costs
- source; court profiles
- base salary of 556000, 291/6 benefits for classified employees, 6% for unclassified.
Other Municipal Costs
4 - such as human resources costs, banking, and cash management costs
Provincial Costs Payable
c - costs which will be billed to municipalities
x
such as adjudication, PIII prosecutions and other corporate costs ( ICON, DFCC, QAL)
EXPENSE GROUPINGS
TRANSFERRED PROVINCIAL COSTS includes:
Total Court Admin costs, Facilities costs, Part I Prosecution costs
z DIRECT MUNICIPAL EXPENSE includes:
- Transferred Provincial costs, Other Municipal costs
TOTAL EXPENSES includes
- Transferred Provincial costs, Other Municipal costs, Provincial costs payable
oNTAR" COURT PROVINCIAL DIVisION
PROVINCIAi OFFENCES ACT ACtfVny 277
FOR THE PERIOD COVERING
- - April 0194 to March 32/97 ,
r
COURT LOCATION:
REGION:
Cgat>~LE~i
ICON ID NbMBER: Ili
POA CHARGES RECEIVED fiscal year Fa A Year Ftscal year
94M
Part 1 95/96 96!97 .
1 21832 21683 31669
Highway Traffic Act
L'9ua License Act 18365 18195 26798
Odxr Provincial statutes 1545 1362 1951
Municipal Bylaws 1817 2070 2780
105 56 140
Part 11
Part m 1b277 14412
14799
4963 5019 ~ 5642
Total POA CLarges Received
43074 41114 52110
No_ of Part 1's with final deposition
21293 21860 29935.
No. of Part I's with IN-out deposition
5467 6285 8040
% of Pmt I's with IN-Court dislpostion
25.70% 28.8•/. 26.Wo
Federal Contravea;ions Act Charges Received in 97/98
11
small Vessels Regulative
11
Notes: -
pail I D ~"r a m1°OT l ` a mazimcn, rme of imuo
of Part I !!fences do not
trgnve a inert aptxannce
t++'t fI Otfcnces art Partcug mfractioas .
Part m ottebces lOdelr AN Pow
Z.Il ' can. ti'PPannce and fines art set In cou"
182.91982811_WK4
5
Data Source: ICON
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4• HUMAN RESOURCES OUTLINE
Caevgy
Court Positions
_ Fu>1 Tiros
Adraistrstio= Stiff • ar Adm
C.50
Booacepn8 / Fm mcw Control O SS
Fine Enforceracal Clerk
7.40
Q C&dlkr/A=urft .
Emy 3.15
.
"t Trial Schedulimg
Total Administration S~ t
ti 30
Coact Sappal &-s' Q
Court Ckr1r Mo'iW 2.05
Total cow support stiff 2.05
TOW Admini lraties Resources
835
Fr°~ Prosecutors Fnl1 Time £geivsk t
1.10
Coat Prof& of Provincial Offe~oes A ve C Mr in
Os)g;ra (242
Kln~ SL Fast) 13
s_
-k.
283
S. FACHATIES DESCRIPTION
LOCA7IO.Y F
Owm;ed jr Mki Private FW-hime / Per CferCowt
Imw Diem Court em
m es/Ne ,
b~ . 1)242 King , E.
Oshawa ✓ no: dedxated to ~'1~S
POA
2)701 Rossl~o d Rd F-
Wbkby ✓rsted to NO
POA "
3)13 SL.
not do&wted to
POA
6)
9)
i
" Court Protik of ft*vix$ UffcnC s AdmdnjstMfi ve C. in osliaaa a1
(King St_ East) l8
t i jITF ~Y ~ ~ N
j