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HomeMy WebLinkAboutL14/99 +h $ ,r x 269 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 1 _ N O O S O~. C n y ~ O i ~a 0 0 p C> co r, t t/j y y O O O N R '45 Ci ~O z u o 0. 00 J O1 u it ~ ~ cvi ` vo U C C V 0 o c i o °3 c jy V E ~ `i' Q ~ S o _ Q o € Fa 40 W a c Z aaID 8 E~ m w 3 Q o E ~O u 4` o a, Q it av Z oS o U~ F 3 or U ti- - `g r$ 4Q ~ 2.79 i R ryr V` ~ 0 ~ S v1 C n e~i h i R N O. p O O of 00- a N H H H y y H aD H 69 G • • saa= , o Raa o° - • 4 - O p o yam. fn b to Qln y R ~~a H X - cv v n o o ~ s o 0 f'! > b h ti a' R O O ~ O _ fy fat h h ra C r h F.r 'y o ~ o o U o S .0 o 0 • ; 1_ :ate c n k i ~ o r ° n o ~ L a'o. L. T V Ti, h R O ° ' h w go a Z, o R > q' 06 a o O cL a ri 4 s _ o o o `o gmi ITMW W"; II II O pO N G <lw $ S $ $ $ $ o S <a $ $ _ _ <5 C; C; ol "Cr C4 (4 00 H H H H H H H H H H .r H H H H ~O o Q.~ \ v p 22\ ~ ao p p Q c o v O -O ~ O b O F7 O O v.>+ O O ow 6 c a 0 00 co 8RZ 8is~ v v ~ W K V4 H y ? L R L 3 to ° $ $ o 0 o s cn o Cl O r~' y o 0 0 o d o 0 0 0 a h o c o a `o fY tV F ~ ~ o e ` t $ $ 0 92 y ~ . 4 0, o 0 0 ~ 3 ~ o, o q o O r C o II > o o e a .7 CI M It co a r Q y G V C U c c M b u ao 8 o U V a c e o a ca o 3 r a LM lu C11 i;', U ~ 281 ;E $ N P Soil 60% e V ~ Q V p . Or 00 N O , F v m 3 0 3 ~ w ow e-+ II A v EQy - 9 ~ o o g h h w s O ? ir7 n a 44 O b 73 o LI F v = c s I ri in 10 q p t, 4 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