4358 Schedule A UNSIGNEDThe term of this Agreement is effective as of the 01st day of January 2020.
AGREEMENT FOR THE PROVISION OF POLICE SERVICES
UNDER SECTION 10 OF THE POLICE SERVICES ACT, R.S.O. 1990, c. P.15, as am.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
SOLICITOR GENERAL
(“Ontario”)
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the “Municipality”)
OF THE SECOND PART
RECITALS:
(a)Under s. 4(1) of the Police Services Act, R.S.O. 1990, c. P.15, as am., the Municipality is
required to provide adequate and effective police services in accordance with its needs;
(b)Under s. 5 of the Police Services Act, the Municipality's responsibility for providing police
services may be discharged by entering into an Agreement with the Solicitor General
under s. 10 of the Act;
(c)The Municipality has expressed its intent to provide police services, in pursuance of its
responsibilities under s. 5 of the Police Services Act, by means of this Agreement, as
evidenced by By-law number 4358, dated November 12, 2019 (attached as Schedule “A”);
(d)This Agreement reflects the intent of the parties to provide an adequate and effective level
of police services for the Municipality as set out in the "Contract Policing Proposal," dated
October 07, 2019 (attached as Schedule “B”);
NOW THEREFORE, in consideration of the premises and covenants herein, the parties agree
as follows:
1.The parties warrant that the recitals are true.
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Definitions
2.In this Agreement:
(a)“Annual Billing Statement” means a statement prepared by Ontario and submitted to
the Municipality for review and approval which contains:
(i) the Municipality's policing costs for the year following the year in which the
statement is prepared, based on an estimate of salary, benefits, overtime, shift
premium, statutory holiday payouts, prisoner transportation, court security (if
applicable), and accommodation/cleaning (if applicable); and
(ii) a year-end adjustment reconciling salary, benefits, overtime, shift premium,
statutory holiday payouts, prisoner transportation, court security (if applicable),
and accommodation/cleaning (if applicable) costs to those billed for the preceding
year.
(b)“Board” means Town of Tillsonburg Police Services Board.
(c)”Commissioner” means the Commissioner of the O.P.P.
(d)“Detachment Commander” means the O.P.P. officer in charge of Oxford
Detachment.
General Provisions
3.Ontario shall provide adequate and effective police services in accordance with the needs
of the Municipality in compliance with the terms and conditions of the Agreement. The
Municipality shall pay Ontario for the police services provided under this Agreement in
accordance with this Agreement.
4.The Commissioner shall ensure that the Detachment Commander responds appropriately
to the Board's objectives and priorities for police services, developed after consultation
with the Detachment Commander, pursuant to s. 10(9)(b) of the Police Services Act.
5.The Commissioner shall cause the Detachment Commander or his or her designate to
report to the Board at mutually agreed upon intervals in accordance with the Police
Services Act regarding the provision of police services in and for the Municipality. The
O.P.P. will determine the information to be contained in the reports and the format in
which they will be provided.
6. (a)For the purposes of s. 10(6) of the Police Services Act, the O.P.P. shall provide police
services to the Municipality, including the enforcement of mutually agreed upon by-
laws. The parties shall review this part of the agreement annually, with a view to
revising or updating the list of by-laws requiring O.P.P. enforcement.
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(b)Municipal Building Code violations overseen by the Municipality's Building Code
inspector and those by-laws related to animal control will not form part of this
Agreement.
7.The parties agree that sections 132 and 133 of the Police Services Act will be applied as if
the Oxford Detachment of the O.P.P. was a municipal police force, and as if the
Detachment Commander was a Chief of Police.
Service Levels
8. (a)Ontario shall cause the Commissioner to assign police officers and other persons to
duties relating to the police services in and for the Municipality so as to provide the
municipality adequate and effective policing services.
(b)Where the Municipality receives dedicated enhancement positions, it shall be
responsible for all costs associated with those dedicated resources. In the event that the
Municipality decides to reduce the number of enhancement positions, it shall provide
Ontario with at least one year's prior written notice and shall be responsible for all
costs associated with such reduction.
Liability of Ontario
9.The O.P.P. shall be liable for any damages that may arise as a result of any negligent acts
or omissions of its members in the performance of this Agreement.
Provincial Services Usage
10.The O.P.P. as legislated by the Police Services Act, must be capable of providing
provincial level response that can be mobilized for emergencies, disaster or specialized
needs. The O.P.P. may meet this requirement by deploying resources that normally would
be assigned to the Detachment that serves the Municipality. The O.P.P. shall ensure that in
the event resources are deployed to a situation requiring provincial level response,
appropriate resources remain available to the Detachment to provide adequate and
effective policing to the Municipality. The use of O.P.P. officers in cases where there is a
provincial obligation to respond will be accounted for as part of the billing model.
Equipment and Facilities
11.Ontario shall supply or cause to be supplied all vehicles and equipment reasonably
necessary and appropriate for the use of the O.P.P. in providing police services under this
Agreement.
12.The parties will enter into negotiations concerning the provision and payment of
appropriate buildings and rental agreements, including, but not limited to, location,
leasehold improvements, and capital costs, where applicable.
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Adequacy Standards Regulation
13.The O.P.P. shall undertake and be responsible for ensuring that all mandatory standards of
adequate and effective police services as required by Ontario Regulation 3/99 under the
Police Services Act are met and maintained.
14.The Detachment Commander shall provide the Board with reasonable documentation, as
agreed upon between the Board and the O.P.P., to allow the Board to evaluate the services
and satisfy itself that adequate and effective standards and policies are in place.
15.It shall be the responsibility of the Board to monitor the delivery of police services to
ensure that the provisions of the Ontario Regulation 3/99 under the Police Services Act are
satisfied on an ongoing basis.
Cost of Police Services
16. (a)On or before October 01st in each year, Ontario shall prepare and deliver to the
Municipality for review and approval, the Annual Billing Statement for the following
year, together with sufficient documentation and information reasonably necessary to
explain and support the billing.
(b)The Municipality shall review the Annual Billing Statement upon receipt and, within
90 days of such receipt, shall approve the Annual Billing Statement or deliver to
Ontario a request to review the Annual Billing Statement.
17. (a)In the event that the Municipality fails to approve or request a review of the Annual
Billing Statement within 90 days of receipt, the Municipality shall be deemed to have
approved the Annual Billing Statement.
(b)In the event that the Municipality requests a review of the Annual Billing Statement as
provided in this paragraph, the Annual Billing Statement shall be approved, or
amended and approved in accordance with Section 18.
18.Where the Municipality has delivered to Ontario a request to review the Annual Billing
Statement, Ontario shall carry it out expeditiously, and Ontario shall cooperate to permit
such a review to be carried out. If the parties are unable to agree on the Annual Billing
Statement, either party may submit the matter to the dispute resolution mechanisms set out
in paragraphs 22 and 23. In the event that the Municipality delivers a request to review to
Ontario, the Annual Billing Statement shall be deemed to apply during the period of
review.
19.The Municipality shall make monthly installment payments to Ontario due no later than 30
days following receipt by the Municipality of each monthly invoice, each one being one
twelfth of the Annual Billing Statement for that year. Any amounts which have become
due and owing shall bear interest at the rate set by the Minister of Finance from time to
time.
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20.Ontario shall keep all records, statements of account, invoices and any other such
documents necessary to support the Annual Billing Statement, and all such records shall be
kept for a period of seven years. Ontario shall permit the Municipality, upon notice to
Ontario, to examine all such records and books of account and conduct a review of the
Annual Billing Statement.
21.Upon the approval or deemed approval of the Annual Billing Statement, as provided in
this Agreement, adjustments shall be made in the amounts paid by the Municipality by
installment so that (i) the total amount paid in respect of the preceding year is equal to the
amount shown on the approved Annual Billing Statement and (ii) the installments for the
year following the year in which the statement is prepared are each equal to one twelfth of
the approved Annual Billing Statement. Any amounts payable by one party to the other
shall be paid to the appropriate party in the remaining monthly billings for the year
following the year in which the statement is prepared.
Dispute Resolution Mechanisms
22. (a)The provisions of this paragraph apply in the event of a dispute between the
Municipality and Ontario concerning financial and related issues arising out of the
interpretation, application, administration, or alleged violation of this Agreement
(“Financial Disputes”) or between the Board and the O.P.P. concerning policing issues
arising out of the interpretation, application, administration, or alleged violation of this
Agreement (“Policing Disputes”).
(b)In the event that a dispute arises, the Detachment Commander, or representative, and
the Municipality or the Board, as the case may be, or their representative, shall meet
within 30 days of such dispute arising, and use all best good faith efforts to resolve the
dispute.
(c)If the dispute remains unresolved, the Regional Commander, or representative, and the
Municipality or the Board, as the case may be, or representative, shall meet and use all
best good faith efforts to resolve the dispute.
(d)If the dispute remains unresolved, the Commissioner, or Deputy Commissioner, and
the Municipality or the Board, as the case may be, or representative, shall meet and use
all best good faith efforts to resolve the dispute.
(e)If a Financial Dispute remains unresolved, the issue may be referred to mediation by
either party, and each party shall use all good faith efforts to resolve the dispute.
23. (a)Financial Disputes that cannot be resolved through any of the methods described
within paragraph 22, may be referred to and settled by binding arbitration. The
provisions of the Arbitration Act, 1991 shall apply to any such arbitration, unless
otherwise indicated below:
(i) The language of the arbitration shall be English.
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(ii) The place of the arbitration shall be the Town of Tillsonburg.
(iii) Each party agrees that the arbitration shall be conducted in a summary manner to
ensure a full hearing in a cost effective and efficient manner.
(iv) Each party shall make prompt full disclosure to the other and, subject to the
availability of an arbitrator the arbitration shall be commenced within 30 days of
the conclusion of the meeting with the Commissioner, or the mediator, if
applicable.
(v) Each party shall be responsible for its own legal expenses and for an equal share
of the fees and expenses of the arbitration and any other related expenses. Section
54 of the Arbitration Act shall not apply; the arbitrator shall have no right to make
an award relating to costs.
(vi) The parties shall have no right of appeal to a final decision of an arbitrator.
(b)Policing Disputes shall not be subject to mediation or arbitration.
(c)Neither party shall be entitled to proceed to mediation or arbitration until all of the
meetings referred to in paragraphs 22 have been held, and each party undertakes to
exert all best good faith efforts to resolve the dispute in those meetings.
(d)Mediations or arbitrations of disputes conducted under this Agreement shall remain
closed to the public. All parties to any dispute shall keep all details, admissions or
communications made in the course of the dispute resolution process strictly
confidential, nor shall such information be admissible in any legal proceeding, except
as follows:
(i) on consent of all parties;
(ii) as may be ordered by a court of competent jurisdiction;
(iii) the final decision of the arbitrator may be released.
(e)Each of the meetings outlined in paragraph 22 shall be commenced no earlier than 15
days, and concluded no more than 30 days, from the conclusion of the prior stage
unless the parties otherwise agree.
(f)Notwithstanding any of the above provisions, nothing in this Agreement shall be
construed so as to give the Municipality or the Board the right to alter any policy of the
O.P.P. or the Ministry. Nothing in this Agreement shall be construed so as to give the
Municipality or the Board, the right to supercede or vary the duties and obligations of
the Solicitor General pursuant to s. 3(2) of the Police Services Act, or of the
Commissioner pursuant to s. 17 and s. 41 of the Police Services Act, and further, the
rights of the Municipality and the Board pursuant to the Agreement are subject to the
Municipality's obligations under s. 4 of the Police Services Act.
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Detachment Commander Selection
24.The Detachment Commander shall be selected from a short-listed pool of candidates as
determined by the OPP in accordance with its relevant provincial policies. Following the
formulation of the short-list, a joint committee consisting of Board members and persons
nominated by the Commissioner, shall select the successful candidate in accordance with
the process set out in the OPP's provincial policies.
Notice
25.Any notice, statement, invoice or account to be delivered or given by any of the below
listed groups to any other of them shall be delivered to such groups using the delivery
methods as listed below. Any notice, statement, invoice or account sent by mail shall be
deemed to be received on the third day following the date of mailing unless shown to the
contrary, and if sent by fax or by email, it shall be deemed to be received on the date it was
sent. Any group may change its contact information by giving notice provided herein:
(a)by mail to Ontario addressed to: The Solicitor General, 25 Grosvenor Street, 11th
Floor, Toronto, Ontario, M7A 1Y6, or by fax to (416) 325-6067
(b)by mail to the Commissioner addressed to: The Commissioner, Ontario Provincial
Police, 777 Memorial Avenue, Orillia, Ontario, L3V 7V3, to the attention of the
Manager, Municipal Policing Bureau, by fax to (705) 330-4191, or by email to
opp.municipalpolicing@opp.ca
(c) by mail to the Municipality addressed to: The Mayor, Town of Tillsonburg,
204-200 Broadway, Tillsonburg, Ontario, N4G 5A7, or by fax to (519) 842-9431
(d) by mail to the Board addressed to: The Town of Tillsonburg Police Services Board,
, 204-200 Broadway, Tillsonburg, Ontario, N4G 5A7, or by fax to (519) 842-9431
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