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REPORT TU COUNCII.
FROM. Jane aufft n
DATE: March g, 2000
Crry SolicRor
Gillis A Pate
Director Corporate SW'Kxs and Try
REPORT NUMBER: L t t A/00
rt .
r'~+S ~(~rinimarwrr ofPrnvinciat o
G 5;~ 8°'PQ1 ffcaces Act (&9108]
- P>•o►*mciad Offices Act - Transfer
- File: L959502
y RECOMMENDATIONS.
That Report L I I AM be recrived and that Coruicil:
Endorse the Coma h.*,s
McOmmCnIdatiOn ~r . that for the, oouru administration and the Region of Durham be the Ser vi,
• prosem6ou of proceedings ptusuant to the
Srrernal bzir of Ad-b2iwation of the Pro►fiicial
Offence Act, 1998, S.O. 1998, c.4 (Bit!
08);
k 2. Endcjse the revmw shwmg formula recommended by the seven Area Treasurers those
being the Town of Ajax, Township of Brock Mm cipatity of
Pkkcnn& Towr>sbrp of SalgM Town of Whitby, °a City rawttsltrp of the
Treasurer of the Regional Mrmicipality of Dutham; Uxbridge and the
other~~er'eh" and CIA to acetate the Itrtatrtutncipal Service Agre t acid
f
f naliae the Pro mc" Offence Acr transfer in a
and Corpse Strvicrs and Treasurer;
4 Urrect that such
of a ioim Board of among odwr matters the
K
tm.u the an
miarrcr¢utp~ d the Region (made up of ,
the Service ormance and actin of
s ,
ORIGIN:
The Mlaisay, of the Attorney G-rA -Pmvmc" Off"mrs Acl Transfer:
ALnTIORITY: Sbr~inrur8 of A ,,b,,
tBr71ItIBj_ ofProsvrral Offimces Act 1998, S.O. 1998, c.4
it FINANCyA -
App-minak Met rt eerie for Drrb Regxou • c:&y of for tlr year 2000 53,828 093 00
h Ping she (bored on Arta Tnnw3n rs' rtTommculKi0g)
• 1997/199E Transfer to be iik>r" do die
F : oT a 3 rrsth the 2,000,000 00
• 194ar7 199A~2000' ~Attarncy r"~+~1
oaTP rzreare feed {to be si;ocaoed to the K
fifer es
l,ll~~'
i
Reptxt ~o~Covnrl L21/a0 " _
~JQ Bull I The rri!' ofA~a,n March 8, 20W
F P~--'~S 'zravon 2
of Prevrncmal Offcncrs~Art ' Page FXECUITIVE SUMMARY:
Bill I(0 77w Streamlining of AdrninisJratron Of Prov"*- nl
s ° frrcnework for the transfer of Offences Act, 1947, provides the
responsibility of the Provincial Offences Act POA") administration
r and Pr~u~ matters from the Province to the mrmicipalitiez
In hare, 1998, a POA Task Force (the,-Task Force-) was formed with representatives from all
municipalities in Durham and one from the Region of Durham_ The
purpose of the Task Force was
to gather information and to explore the possmbmjity of a coordinated approach among the eight
municipalities and the Region "
r.
The Task Force retaamed PSTG Con- tirmg (the "C-mdtant to
the provide a comprehensive review of
and 10 nature a ooperations of the POA administration for Durham (the "Os iawa Court Service Area-)
Pro regarding the Preferred service delivery option and revenue
The Consultant's Final Report (the
"Report") was subnmiticd oo January 31, 2000 and recorrmrrermds:
• that the Region of Duuharn be the Service Provider for the Oshawa Court Service Ara
and
I
• a formula for revenue sharing-
It should be noted that, the City of Oshawa does not concert with th, Consultant's recommendation
for the Service Provider. In light of this, the Consultant sets out in the Report:
• -if the POA Task Force cannot rich agreement on the preferred POA Service Provider, it is
feco- nraded that
rvtheir .,m,~oving forward actmorm be to prepare and release an internal tender
for the, S tieVCsted potential Service PtOVACrS;to bid An '
would be umdependent objective third party
required to manage die process."
The Consultant further advises dw if the Municipal and Regional Councils cannot reach a consensus
respecting the Service wider, the Ministry may select a Service Provider from a neighbouring site
that has already irn~ the transfer (i e_ York Region).
The Ministry of the Attorney General (-Ministry-) will accept only one submission from each Court
Service Area and intends to complete all POA transfers
delivered to the Ministry- at the latest Mph 2001: subrnissiorms should be
by September, 2000_
Once a Service Provider is determined every mttrii lidumg the Region of D
( as First Natiorms will be cipality Mc urham, as well
as rat arr>oRg other things, to eixer -Eu10 an Irtermnic pal Service Agrec•nert ("ISA")_ This
ISA detail the disum mo i of revermre the arrangcmeras regarding facilities
andwd-ology and establish a Joint Board of Managecne= (made up of r<?resertativcs from
nu rticipalifres and the Region) that will monitor the pe+forrr>ance and activities of the POthe
A
op-atilorks-
BACKGROUND-
At the prewar to-, the Ministry adrnizmisrers the P--c-I Oflamas Courts in Ontario and
N±. A-xiated revenue from fine retsums
s The POA sets out the processes t. be followed for admTm" i -
m nri -ting r charges 1aid by police and odwr enforoeumag a>;u~;ties under provincial statutes
and m by bws.
On June 11. 1998, the Pravmocc of Ondario
r p 4 legrs3abon lmmia as the "St--d--g of
4d tare ref Pnrrvrc-,d (Vi!m~ Aa (Br71 IQb~ _Ibis tnamework for
a rug to _T!* f-Kies of tfic admirmistra¢ivc 3 selected ' -
fimcrions far olfeaues prosecemtorul
S by tbe'POA- - t,
4 ? '
_ I
Tp z -
7lrDl~
SilOa, £c j x~
`~r,.,~~~d~Iintag of Admu~+suat~c+n Mara' 8,-2000
y .a
~ofPrav~oculOfFrncts pct Pair 3 n
There arc three proctdtral
under flit POA affected by the Transfer-
. Pan i
- Manor Rrme~~,~,.y (>fferrces
Achminjstr~
offesxks _ we and 001ut support furrcriorss for Part I offences
fuel g speeding mmdu the Nghway Trafrc Act), f riatorY ticket
Part II - Parking t„rr.. Gom
n
lniwstrative, prosecutorial and court support functions for the
(parking tickets) not currently administer> d ! + of A
. if offences
by nr kipalities; and
fi. Part III -Sum`s Offences (which a court aPaeararrcx is
and/ faions for Part III ofier~ces %Vjch I
nto~ serious CirCtXnStVrPC-S-1 e aM cow
appearance is where no set fine exists for the offencr~L_L~g fiDm
and to. which d C°uat
It sboum bC r°t£d that certain Pro iacW ministries will
Part ffI charges. The 7
raas#u tO Prosecute some Part I
does not aflerx and
of Picfv*lg't Part n ~Pmii and Pmt [d mumc~ Pr_secu nal furrc&ons, i e. City
(b3 ~Q'o °ffences) trmr, x7A Am be affected by, f{
sfer m7 revemw cr,&°. ±rd miff cominue to be retained by the City
In M& the Task Force was t -M-M for the Oshawa Count
the information
provided by the Min" Su►ice Area to review and Pxamux
each of tf)e - 'may- ? Task Fome was oornprised of one restive from
ght mu -cup njCs and one eve from the R
Process, the Task Fore, re u,,cd a Consultant to provide a egiosrPursuant _ to an RFp
of the POA adinistration for c-Vrdx ~sive nNkw of the nature and
OPerafions Oshawa Coral Service 'Area aM to ►g the Preferred Service delivery option atW met oft venue pg-vide
F ; StlTice PrvMW Optipm
The Coauuhant rev'
uu►rd each rnumicipal's ability Zed
fd wmrg willingness to Provide this
la =mrnined:
aPtions r1em service. The
Region of Dtntmn
City of Oshawa
Cry of Prduu*
Region of Durfim together with tither Pkkering or Oshawa
Pickering and Oshawa Gokx)
Private Sector fare
r
The Coraa*-t cvalrnted each oppon based on Operational m and resulted w the Region of Durham hey acrd effective p-fon WICe.
being Rrgiorr and ,hi,,- the highest score, with the
' of the Task Force, second, Oshawa as third and
be the with rite'Weption ofO are in thaicp fourth All er xrnb as
Service Ptvvider, that the Regio,i of Durham should
Revs
Grcss arruual rc%semm estirr
ases r a fiat the year 2000 am -
Pr,,, a to be appro y 57.645,03200 by o S5'9 083.00. tirvss aryW
the
Year 2005-
ReV~ Amin Optio"
r Fire options a re>•emc
- 56arinR wae ~a®ed~ - ~;Y
Z~ p°PuLatim
googcaph~,ic foc>trnp r
~Cd a~R"•y y~` v ~ Fvx is ~
- j"
t to Cott®c UJ I/00 ~ , TmT?;
$ I March g, 20M
Shtsml-3ng of Admmutration
of ProR'►nei~ei R`er+ces Act Paged .
The,Corisuhant examined various options of revenue sharing with a view that th
would receive no more or less than if it was not the Service Provider. Service Provider
This would minimizt the
h, cornpexibon between the municipalities to be the Service
for V Provider.
The
Service Provider would be
"mPensatcd pro iding the service (
E ` distributed based through a management fee) and the balance woid
t; be
upon the revenue distribution triode uGezvtined in the ISA_
e~ Consultant ~recofft nards a managernent fee of 36% be paid to the Service Provider
The Consultant advised that this method from the net
transfer sites and given the was used in most of the Not POA
tuicertainty of the costs and revenues in the first year of operation. a'
ma_,agement fee of 36% should provide the optimal solution The Treasurers involved in
considering the revenue sharing models did not disagree with this Position:
The Cor>stihannt SNita option). This recr the ' all of tiff m Share" Equal opts for revenue distribution (5th
and CL-ingtoo) as weil as the municipalities (Pickering Ajax. Whitby, Oshawa, thw the ban northern, muriic Region of Durham would each receive 15% of the net revenue and the
+Paliti- (Uxbridge, Brock, Scugog and First Nations) would share I O'/e.
The Task Force presented the five options to the Area Treasurers for their review and consideration_
Seven of the eight Area Tr--rzrs and the Treasurer of the Region concluded that the five options
for revenue sharing including the recoinnicrided "Stratified Equal Sham- opoon jxem sot >kr ophoa, r melt' that 00 POA reveaaes after PnY ocosta acceptable
the
Provider, should be split m% to the
aura ~fE~>ci ies' Aare would bed t and 50% to the area meexipaInx , The
based Wit. This °iO t the eight lower tier tnnoiapalrties
flow back upon
to the ta= local kal taxpayers axss option al so allows for the benefits of the Regional share to
xpayers of each area iaunicipality oaf upon taxable assessment
The Treasuer for the City of Plckeriirg inu dh• a,hwaied the •'Re
glottal Tar Leti„ (2nd option)
appr -h- e-n though it P•ovided sl8i 13'
50 : 50,4)pdooch was Less reirrruee for Pickering: As a re_swIl. advocatmg the
rrLatruel},
aPP+ sirai8~ 4rd as o 4- the -pion that xvuld pror.;.'e the fairest
- ~'h~r aLLpmTners _
Note: 77ie City of 00h -a does not endorse alit ►~ec-nrnrendarion made
P efimng the Scar field E4rrd Shore option recommended 4 the Area Tres,,.
by the Consultant.
i
In addition to collecting future revenues. each munici
revenue for its area held in trust since J Pal Partner will receive the accumulated net
time the. Mulsfer anuary 1. 1998- M-nicipalities will receive these funds at the
agreement is fmalized_ The accumulated net revenue will be shared anr*xig
inunkipalhim, within the Oshawa 'Court Service Aria
There am IPPIOXiTn2tely accorling iO alit tem►s set out in the ISA_
1997/1498 52 000,000.00 in POA revenue bring he {d on account at the R
y end and there will be additional POA revarm attributable to the O h cm
Service Area for the years ending 1998(1999 and 1999/2000.
Costs
The Prol~ oFg costs for the year 2000 is
salarkwbesuefts, facilities additional approximately 52,162,000-oo_ These costs include
esls There will also be trar>sitional courtroom and support; t and provincial c)targeback
costs of e y
the PO-4 adma-rrs~tiort from the Province to the he Oshawa hawa 5 Coast ina00,000-00 ared in the
_ Stn,'
~'DV~ - Such costs tray irxchude space aoyuisiiioo; office ice Area's designated Servix
be additional casts for acqring tcdm°iogy for "mobik° A4VIOM etc. There may
> Is,
data . by
this cost is riot ariclJYPw afthe POA Y o (~iiLe
d°"nk'°dinK uvccs; it i
of the clanaY pnocrss ofd and ~^rrration) 'YPr+csr>as a patrnrral iunprrmnrurnr
c It should be cooed;' that the Ctjtsuhaat's R-port states th:d the
cstnn3ks is considered ' _rc j to be h*SI. If the number ofchafgcs wereet~y of.thc cast and ievpi~
expairnce; a significas>ity, the net
a betR clan c~ cotes acrd dKrea~c. I1p~►Tyer, dnue ; b the
u
-foFccrive-t plaits
die
1~S operatroru a co 'al P404
:rf,
n
T
ReQert Cow LI 1/00 s - - '
8, 2000 < <
QB,~ StreaatTiniag of Adaiuttstrntton
Page 5 q 7
y r of Pi vicial offer Act
We recommend that Coumcii support the Region of Durham as the Service Provider_ We frier recommend that the revenue shar.ng opb on favoured . by the seven Area Treastuers and the
Treasu er for the Region be supported.
m~~Y z
Once a Sen ice Provider is detamined, every murricipality, including the Region of Dwharn will be
3 ; rNuired to cow into an ISA- This ISA will, among other things, detail the disn"bution of revenue,
r the arrangements regarding facilities and technology and establish a Joint Board of Management
(made up of rcpresanaUVes from the municipalities and the Region) dial will monitor the
performance and activities of the POA operations
h should be noted that if Mtmicipal and Regional Councils cannot reach a consensus respecting the
ervice Provider, the Ministry may select a Service Provider from a neighbouring site that has
ahtady iinplemeate~l the transfer (ie_ York Region)
` PJerue note, all G°c Egroieu! doerone~ation relating to this -afer has been sent to Corntcil under
separate c amr for b9bnriation pis
w:.
ATTACHMENTS:
Revenue Sharing Option Chart -as recommended by the Area Treasurers and Regional
Trcasurrr_
PrcpQrcd By:
Apps- cd ! E„ dorscd By:
Janc Burton
Gills A. Paterson
e' Attadsrrtenis
S Copy_ Chief Admi iistrative Officer
E: City Cleric
D-ctor, Operations and Emergency Services
Director Planning and Development
Recomnxuded for the rnr~idaaRion of Pickering
City C if ~E
r~
L
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