3664-2023 Police Services Agreement
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL (“ONTARIO”) AND THE CORPORATION OF THE TOWNSHIP OF AUGUSTA (“THE MUNICIPALITY”) FOR THE PROVISION OF POLICE SERVICES UNDER SECTION 10 OF THE POLICE SERVICES ACT, R.S.O.1990, c. P. 15
Passed by Council November 13, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NO. 3664-2023
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY
THE SOLICITOR GENERAL (“ONTARIO”) AND THE CORPORATION OF THE
TOWNSHIP OF AUGUSTA (“THE MUNICIPALITY”) FOR THE PROVISION OF
POLICE SERVICES UNDER SECTION 10 OF THE POLICE SERVICES ACT,
R.S.O.1990, c. P. 15
WHEREAS the Corporation of the Township of Augusta deems it necessary to comply
with Section 10 of the Police Services Act, R.S.O. 1990, c. P. 15;
AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990. c. P. 15,
as amended, (the Act), the Municipality is required to provide adequate and effective
police services in accordance with its needs;
AND WHEREAS under Section 5 of the Act, the Municipality’s responsibility for
providing police services may be discharged by entering into an Agreement with Ontario
under Section 10 of the Act;
NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:
1. That the Corporation of the Township of Augusta enter into an Agreement with
the Solicitor General, and that the said contract shall be known as Schedule “A”
attached hereto to this By-Law.
2. That the Mayor and Clerk are hereby authorized to execute such Agreement and
Affix the Corporation Seal thereto.
3. By-Law 3608-2022 is hereby repealed.
4. This By-Law shall be in force and effect as of January 1, 2024.
Read a first and second time this 13 day of November 2023.
Read a third time and passed this 13 day of November 2023.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
The term of this Agreement is effective as of the 1st day of January 2024.
AGREEMENT FOR THE PROVISION OF POLICE SERVICES
UNDER SECTION 10 OF THE POLICE SER VWESACT, RS.O. 1990, c. P.15, as am.
BETWEEN:
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE
SOLICITOR GENERAL
(Ontario”)
OF THE FIRST PART
AND:
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
(the Municipality”)
OF THE SECOND PART
RECITALS:
(a) Under s.4(1) of the Police Services Ac,. RS0. 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 b 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 Ac!. by means of this Agreement. as
evidenced by by-law number 3664-2023, dated November 13, 2023 (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
October31, 2023 (attached as Schedule B”);
NOW THEREFORE, n consideration of the premises and covenants herein, the parties agree
as follows:
1. The parties arrant that the recitals are true.
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 The Corporation of the Township of Augusta 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 Grenville County
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.
(b) Any by-lass violations in relation to; building codes. or 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 Grenville County 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 years prior written notice and shall he 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 Ac!. 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 leel response,
appropriate resources remain available to the Detachment to pros ide 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.
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 01S[ 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.
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 parts in the remaining monthly billings for the year
following the sear 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.
(ii) The place of the arbitration shall be the The Corporation of the Township of
Augusta.
(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.
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,
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, WV 7V3, to the attention of the
Manager, Municipal Policing Bureau, by fax to (705) 330-4191. or by email to
opp.municipalpolicineqopp.ca
(c) by mail to the Municipality addressed to: The Mayor, The Corporation of the
Township of Augusta, 3560 County Road 26, Prescott, Ontario, KOE ITO, or by fax to
(613) 925-3499
(d) by mail to the Board addressed to: The The Corporation of the Township of Augusta
Police Services Board, 3560 County Road 26, Prescott, Ontario, KOE ITO, or by fax to
(613)925-3499.
Commencement and Termination of Agreement
26. Notwithstanding the date upon which this Agreement is signed, the term of this Agreement
shall commence on the 1st day of January 2024, and shall conclude on the earlier of (I)
December 31, 2026 or (ii) the date that the Community Safety and Policing Act, 2019
comes into force.
27. Either party to this Agreement may terminate this Agreement upon one year written notice
of termination to the other party, in which case this Agreement shall terminate one year
following the delivery of such notice. Should a notice to terminate be given, the
Municipality shall continue to be obligated to pay for the cost of providing police services
under this contract to, and including the date of such termination and Ontario shall
continue to be responsible to provide the services outlined in this Agreement.
28. Should the Municipality’s designated responsibility to provide policing under the Police
Services Ac: be changed, either by statute or government interpretation, the Municipality
maintains its right upon being so informed to give written notice of its intention to
terminate this Agreement forthwith.
Entire Agreement
29. This Agreement and the schedules attached constitute the entire Agreement between the
panics, and there are no representations, warranties, collateral agreements or conditions C) affecting this Agreement or the relationship of the parties or supported hereby other than as expressed herein in writing. Any amendment to this Agreement must be in writing, duly
executed by the parties.
IN WITNESS WHEREOF, the Municipality has affixed its Corporate Seal attested by the
signature of its duly authorized signing officers, and the Deputy Solicitor General. Community
Safety has personally signed this Agreement to be effective as of the date set out herein.
FOR ONTARIO
Signed by the Deputy Solicitor General, Community Safety
FOR THE MUNICIPALITY
Signed by Mayor Jeff Shaver
Signed by Chief Administrative Officer Shannon Geraghty
Date signed by the Municipality: November 13, 2023
SCHEDULE “A”
BY-LAW OF THE MUNICIPAL COUNCIL
Placeholder For Municipal By-Law
SCHEDULE “B”
PROPOSAL FOR POLICE SERVICES
The Township of Augusta
Contract Policing Proposal
Prepared by: Janet Feaver
Ontario Provincial Police
Municipal Policing Bureau
Date: October 31, 2023
Table of Contents
Executive Summary ……..3
2024 Annual Billing Statement ……..5
DPP Contacts ……..6
Executive Summary
The Ontario Provincial Police (OPP) has over 100 years of experience in providing effective
community-based policing and protection throughout Ontario. The OPP has provided municipal police
services under contract for over 70 years and currently maintains contracts with over 140 communities
across Ontario.
The Township of Augusta requested a contract proposal for OPP municipal policing. This proposal is
based on the OPP Billing Model, with the Township paying an amount equal to the sum of its allocated
portion of the OPP’s total municipal policing Base and Calls for Service costs, as well as the costs for
Overtime, Prisoner Transportation, Court Security, and Accommodation/Cleaning Services as
applicable. Where a municipality chooses to receive police services from the OPP pursuant to a
contract, the OPP will provide the level of police services required to provide adequate and effective
policing, including providing the services set out in Regulation 3/99, Adequacy and Effectiveness of
Police Services under the Police Services Act
This proposal reflects the integrated policing concept, incorporating a police services contract for the
Township of Augusta with OPP highway patrol services and provincial responsibilities under one
administration. The Grenville County OPP Detachment will remain as the Administration/Operations
Centre. The resources will be deployed to the municipality from this facility.
The Grenville County OPP Detachment Commander will be responsible to oversee all aspects of
service delivery. The detachment management including Staff Sergeant(s) and Sergeant I Platoon
Leaders as applicable will provide assistance and supervision to members of the Grenville County
Detachment.
It is the intent to maintain all existing community service programs and community policing committees, in consultation with the Police Services Board.
Any new community service program considered may be implemented after consultation with the
Township of Augusta Council, the Township’s Police Services Board and the Grenville County OPP
Detachment Commander.
When a municipality chooses to receive police services from the OPP under contract, the OPP will
ensure that the municipality receives adequate and effective police services in accordance with the
Police Services Act and Regulations. The shared infrastructure of the OPP broadens local access to
resources, expertise, solutions, training and management without duplicating services. The Township
of Augusta will continue to benefit as additional staff are readily available from within the Grenville
County OPP Detachment as well as neighboring detachments and regions, should the need arise.
The Township of Augusta will be required to maintain a Police Services Board, as mandated by
Section 10 of the Police Services Act that will generally determine objectives and priorities for police
services within the community, after consultation with the Detachment Commander. The
Commissioner is committed to ensuring that the Detachment Commander of the Grenville County OPP
Detachment responds appropriately to the Board’s advice and priorities in a manner consistent with the Board’s identified concerns, expectations and needs.
It is long-standing OPP policy and practice to be accountable to the communities we serve. The
Commander of the Grenville County OPP Detachment, or designee, will report to the Police Services
Board on a regular basis, as per the direction of the Board. The OPP is experienced in being
accountable to the municipalities we serve. With over 100 contracts currently in place and future
contracts pending, there is great emphasis placed on OPP accountability to Police Services Boards.
The OPP is required to provide provincial level emergency response that can be mobilized in times of
emergency, disaster or a specialized investigative need, The OPP meets such emergent needs, on an
on-call, as-needed basis, by deploying small numbers of officers from multiple locations and
assignments, both provincial and municipal. During such times, the OPP is responsible to ensure that
appropriate resources remain in place to make certain the municipality receives adequate and effective
police services in accordance with the Police Services Act and Regulations. The use of OPP officers in
cases where there is a provincial obligation to respond will be accounted for as part of the billing
model.
If the Township of Augusta chooses to accept an OPP contract for its policing service, the Grenville
County OPP Detachment Commander will assign resources, focusing on meeting the Township’s
unique policing needs.
Value for the Township of Augusta:
• Assurance of adequacy and effectiveness of police services;
• Dedication to resolving community issues through local involvement and community policing
committees;
• Availability of additional staffing support from neighbouring detachments, regional headquarters
and general headquarters:
• Work with the Detachment Commander in determining the local policing priorities and
objectives through the Township’s Police Services Board; and
• Seamless access to comprehensive police services and infrastructure.
The estimated policing cost for 2024 associated to this proposal as presented in the Annual Billing
Statement is $953,039. This amount is reflective of the most current cost estimates under the OPP
Billing Model, exclusive of the year-end adjustments.
The year-end adjustment for the year 2022 totalling $5,386 is listed separately from the 2024
estimated cost, but forms part of the Grand Total Billing as shown near the bottom of the Annual Billing
Statement.
Not included in this proposal are:
• The cost of maintaining the Police Services Board
• Any applicable revenues accruing to the municipality as a result of police activity
OPP 2024 Annual Billing Statement
Augusta Tp
Estimated costs for the period January ito December 31, 2024
Please refer to www.opp.ca for 2024 Municipal Policing Billing General Information summary for further details.
OPP Contacts
Please forward any questions or concerns to Inspector Stephan Neufeld, Detachment
commander, Grenville County Detachment, or Janet Feaver, Municipal Policing
Specialist, Municipal Policing Bureau, OPP General Headquarters.
Inspector Stephan Neufeld (613) 732-3332
Janet Feaver (705) 329-6915