Embed Size (px)
Citation preview
AGENDA for the PUBLIC MEETING OF THE
AMHERSTBURG POLICE SERVICES BOARD HELD Tuesday, October 20, 2015 at 4:30 o’clock p.m. Amherstburg Police Service Community Room
532 Sandwich Street South, Amherstburg, Ontario SECTION 1
1.1 Adoption of Agenda
1.2 Declarations of Conflict of Interest
1.3 Adoption of Minutes
Adoption of the minutes of the meeting of the Amherstburg Police Services Board held September 15, 2015 – under separate cover
1.4 Business Arising from the Minutes of September 15, 2015
SECTION 2
2.1 Petitions and Delegations:
SECTION 3
3.1 Chief Berthiaume’s Reports
3.1a Dispatching Stats from LaSalle Police Service: September 2015 - attached
3.1b APS Monthly Stats for June, July and August, 2015 – attached 3.1c Chief Berthiaume – Topics for Discussion:
i. Pavis - update
ii. 2015-2016 Budget:
a. 2015 Training Allocation – update
Note: John Micelli, CAO and Justin Rousseau, Director, Financial Services will be in attendance at the meeting re the budget process.
PPUUBBLLIICC MMEEEETTIINNGG AAGGEENNDDAA OOccttoobbeerr 2200,, 22001155 AAMMHHEERRSSTTBBUURRGG PPOOLLIICCEE SSEERRVVIICCEESS BBOOAARRDD PPaaggee 22 ooff 33 SECTION 4
4.1 Policy, Agreements and By-laws
4.1a Community Policing Partnership: signed grant application - attached
SECTION 5
5.1 Financial Reports/Board Account 5.1a Outstanding Accounts for the period of September 9 to October 8, 2015 –
attached SECTION 6 6.1 Personnel Matters/Multi-Cultural/Recruitment
6.2 Legal Matters
6.3 Board Matters SECTION 7
7.1 Building/Equipment/Physical Resources
SECTION 8
8.1 Reading Information/Misc.
8.1a Proposed Changes to Towing Industry, Bill 15 – letter and background from Derek Didone, County Towing - attached
8.2 Ministry of the Solicitor General, Ministry of Community Safety & Correctional
Services/And Other Government Matters
8.3 O.A.P.S.B./C.A.P.G. Communication/Board Matters
Communications from OAPSB: 8.3a 2015 Fall Labour Relations Seminar Report - attached
PPUUBBLLIICC MMEEEETTIINNGG AAGGEENNDDAA OOccttoobbeerr 2200,, 22001155 AAMMHHEERRSSTTBBUURRGG PPOOLLIICCEE SSEERRVVIICCEESS BBOOAARRDD PPaaggee 33 ooff 33
8.4 Upcoming Meetings/Conferences
8.4a Public Meeting
Thus, the next public meeting of the Amherstburg Police Services Board is scheduled for Tuesday, November 17, 2015 at 4:30 o’clock p.m. in the Community Room, Police Services Building, 532 Sandwich Street South. The Board may wish to start the meeting at 4:00 p.m. as the awards portion of the Annual Awards Banquet begins at 6:00 p.m. (a copy of invitation attached). Board Members: Please RSVP to Constable Steven Owen, no later than November 10, 2015 (519.736.8559, or [email protected])
8.5 New Business
8.6 Pending Matters
8.7 Adjournment
TO POLICE SERVICES BOARD
MEMORANDUM
From: Chief Timothy Berthiaume
Date: October 13, 2015
Subject: MONTHLY STATS REPORT June 2015
Chair and Board Members: STATISTICAL REPORT – June 2015
2015 2015 2014 2014
June YTD JUNE YTD
Assault (all) 8 36 1 26
Break & Enter 1 11 1 6
Thefts (all) 16 56 12 67
Mischief 6 32 4 41
Drug Offences 2 14 3 15
Impaired Driving 0 4 4 6
Traffic Charges 153 1380 166 860
Other Provincial 4 15 4 17
Parking Tickets 11 66 16 96
*Statistics in this report are approximate based on current UCR stats and are subject to change resulting from back log inputs and occurrence audits.
Chief Timothy Berthiaume
TO POLICE SERVICES BOARD
MEMORANDUM
From: Chief Timothy Berthiaume
Date: October 13, 2015
Subject: MONTHLY STATS REPORT July 2015
Chair and Board Members: STATISTICAL REPORT – July 2015 2015 2015 2014 2014 July YTD JULY YTD Assault (all) 4 40 5 31 Break & Enter 6 17 2 8 Thefts (all) 26 82 13 80 Mischief 7 39 11 52 Drug Offences 3 17 1 16 Impaired Driving 1 5 2 8 Traffic Charges 142 1522 144 1004 Other Provincial 13 28 6 23 Parking Tickets 3 69 6 102 *Statistics in this report are approximate based on current UCR stats and are subject to change resulting from back log inputs and occurrence audits.
Chief Timothy Berthiaume
TO POLICE SERVICES BOARD
MEMORANDUM
From: Chief Timothy Berthiaume
Date: October 13, 2015
Subject: MONTHLY STATS REPORT August 2015
Chair and Board Members: STATISTICAL REPORT – August 2015 2015 2015 2014 2014 August YTD August YTD Assault (all) 7 47 5 36 Break & Enter 5 23 3 11 Thefts (all) 22 104 19 99 Mischief 8 47 7 59 Drug Offences 3 20 5 21 Impaired Driving 0 5 1 9 Traffic Charges 168 1690 137 1141 Other Provincial 1 29 8 31 Parking Tickets 2 71 6 108 *Statistics in this report are approximate based on current UCR stats and are subject to change resulting from back log inputs and occurrence audits.
Chief Timothy Berthiaume
TO THE CHAIRPERSON AND MEMBERS OF THE AMTIERSTBURG POLICEBOARD.
I I{AVE EXAMINED THE FOLLOV/ING ACCOUNTS AND V/OULDRECOMMEND THEM FOR PAYMENT.
l/,,;fu"/NIZA FADEL, SUPERVISOR OF ACCOUNTING
TOWN OF AMHERSTBURG
Council/Board Report By Dept-(Computer)APsl30
Date : Oct 08, 2015
Page
Time
1
4i29 pm
Vendor :
Batch :
Department
0NE06 To ZUL01
Ail
2020000 To 2020000
Cheque Print Date
Bank: 1 To 7
Class: All
09-Sep-2015 To 08-Oct-2015
Vendor Vendor Name
lnvoice Descr¡pt¡on
G.L. Account CC1 CC2 CC3 GLAccount Name
Batch lnvc Date lnvc Due Date
Amount
DEPARTMENT 2O2OOOO PO ICE DEPARTMENT
AGRO2 AGRIS CO- PERATIVE LTD
600024613 GASOLTNE
10-5-2020000-0401 cASoLtNE
600024992 GASOLTNE
10-5-2020000-0401 cASoLtNE
600025183 GASOLTNE
10-5-2020000-0401 cAsoLtNE
600025378 GASOLTNE
10-5-2020000-0401 cASoLtNE
AMH4I A'BURG POLICE PETTY CASH
SEPT,24115 REPLENIS PETTY CASH - MEALS, OFFICE SUPPLIES10-5-2020000-0254 poLtcE TRA|N|NG10-5-2020000-0360 M|SCEL|-ANEOUS EXPENSES
BELO3 BELL MOBILITY INC.
SEPÏ6/2015 SEPTGPS CELL CHARGES
10-5-2020000-0406 cps coMMUNtcATtoN
BERO4 BERTHIAUME TIM
SEPT 15, 2OI5 TIM HORTON'S
10-5-2020000-0360 MISCELLANEOUS EXPENSES
BLOOS BLONDIE CLEANERS LTD.
AUGUST - POI AUGUST DRYCLEANING
10-5-2020000-0253 cLEANtNc
CANO2 CANADAPOSTCORP
SEPT. 16, 2O1I POSTAL BOX72 RENEWAL10-5-2020000-0260 BoARD EXPENSES
CAN56 CANADIAN TIRE STORE #281
AUGUST2Ol5 AUGUST P RCHASES -TOOLS, REPAIRS, MISC.
1O-5-2O2OOOO O3I7 BUILDING MAINTENANCE
CARO2 CARRIERCENTERS
E-252510048 OIL FILTERS FOR CRUISERS1O-5-2O2OOOO O4O2 VEHICLE & EQ IPMENT MTCE.
8.252600073 OIL FILTERS FOR POLICE CRUISERS
1O-5-2O2OOOO O4O2 VEHICLE & EQ IPMENT MTCE.
COM18 COMMISSIONAIRES OTTAWA
315282 GUARD
10-5-2020000 0371 pRtsoNER EXPENSES
316058 CROSSING GUARD DUTY
10-5-2020000 0371 pRtsoNER EXPENSES
EAGO2 EAGLE OFFICE SOLUTIONS INC
48069 HARD CASTERS FOR CHAIR
10-5.2020000.0317 B ILDING MAINTENANCE
JOEO2 JOE MELOCHE FORD SA-ES LTD
506033 JULY&AUGUSTCARWASHES1O-5-2O2OOOO O4O2 VEHICLE & EQ IPMENT MTCE.
KELOS KEL COMMUNICATIONS
RCOOO03279 SITETENTALS
922 24-Aug-2015 20-Sep-2015
901 03-Sep-2015 03-Sep-2015
901 14-Sep-2015 14-Sep-2015
966 21-Sep-2015 20-Oct-2015
96624-Sep-2015 24-Sep-2015
966 06-5ep-2015 06-Sep-2015
901 15-Sep-2015 15-Sep-2015
901 31-Aug-2015 30-Sep-20'1 5
942 16-Sep-2015 16-Sep-2015
942 31-Aug-2015 31-Aug-201 5
901 08-Sep-2015 08-Sep-2015
942 17-Sep-2015 17-Sep-2015
9Q1 22-Aug-2015 22-Aug-2015
966 05-Sep-2015 05-Oct-2015
966 09-Sep-2015 09-Sep-2015
895 31-Aug-2015 31-Aug-2015
1,353.33
1,201.92
1,223.01
'1 ,1 86.09
't02.34
107,1'l
r 14.90
63.29
41 .48
176.28
33.84
47.78
28.48
141.25
102.83
50.85
901 01-Sep-20'15 01-Sep-2015
157.00
TOWN OF AMHERSTBURG
Council/Board Report By Dept-(Gom puter)APSl 30
Date : Oct 08, 2015
Page
Time
2
4:29 pm
Vendor:
Batch :
Department
0NE06 To ZUL01
Ail
2020000 To 2020000
Cheque Print Date
Bank: 1 To 7
Class: All
09-sep-201 5 To 08-oct-201 5
Vendor Vendor Name
lnvoice Description
G.L. Account CC1 CC2 CC3 GLAccount Name
Batch lnvc Date lnvc Due Date
Amount
DEPARTMENT 2O2OOOO POLICE DEPARTMENT
10-5-2020000-0319 RADto MATNTENANCE
KEL14 KEL COM -RADIO & PUBLIC SAFETY DIVISION
80004561 MAINT. CONTRACT RADIO
10-5-2020000-0319 RADTO MATNTENANCE
80004562 MAINT. CONTRACT RADIO
10-5-2020000-0319 RADTO MATNTENANCE
LATOI LATENT FORENSIC SERIVCES
1076-2015 EVIDENCE BAGS
1O-5-2O2OOOO-0320 FORENSIC IDENTIFICATION EXPENSE
LUC08 LUCAS WORKST (W|NDSOR) tNC.
110648 CONSULTING FEES
10-5-2020000-0327 PRoFESS|ONAL FEES
MONOI MONARCH OFFICE SUPPLY LTD
4129821M OFFICE SUPPLIES AUGUST 2015
10-5-2020000-0301 oFFtcE suppltEsPACO2 PACIFIC SAFETY PRODUCTS INC
INO57O36 UNIFORM PIECES
10-5-2020000-0252 UNTFoRMS
PURO1 PUROLATOR INC.
428544834 COURTER'10-5-2020000-0306 couRtER & EXPRESS
428685462 COURIER
10-5-2020000-0306 couRtER & EXPRESS
RACOI RACICOT CHRYSLER
50945 SPARK PLUGS #303
1O-5-2O2OOOO-0402 VEHICLE & EQUIPMENT MTCE.
50967 REPI-ACE SPARK PLUGS #305
1O-5-2O2OOOO-0402 VEHICLE & EQUIPMENT MTCE.
CCC5223426 INSTALL NEW TRANSMISSION FLUID & CONDITIONERCLEAN OUT VALVE BODYETC.
1O-5-2O2OOOO.O4O2 VEHICLE & EQUIPMENT MTCE.
RECI4 RECEIVER GENERAL FOR CANADA. THE COMMISSIONER
10638 FINGER PRINTING
10-5-2020000-0360 MISCELLANEOUS EXPENSES
RIVO8 RIVERSIDE SERVICE & AUTO PARTS
7671 ENGINE OIL FOR CRUISERS
1O-5-2O2OOOO-0402 VEHICLE & EQUIPMENT MTCE.
SHOOS THE SHOE NETWORK INC.
14360 UNIFORM
10-5-2020000-0252 UN|FoRMS
sTA21 STAPLES ADVANTAGE (MlS C/O T04446G
39316453 CALENDARDESK PAD, DRY ERASE MARKERS, PAPER
10-5-2020000-030'1 oFFtcE suPPLtEs
39326987 OFFICE SUPPLIES
10-5-2020000-0301 oFFrcE suPPLlEs
THIOs THINKI WIRELESS SOLUTIONS INC,
926 15-Sep-2015 25-Sep-2015
926 15-Sep-2015 25-Sep-2015
895 25-Aug-2015 25-Aug-2015
901 1l-Sep-2015 11-Sep-2015
901 28-Aug-20'15 28-Aug-2015
409.98
571.78
't97.75
152.55
183.06
61.64
96623-Sep-2015 23-Sep-2015
922 21-Aug-20'15 21-Aug-2015
901 04-Sep-2015 04-Sep-2015
901 08-Sep-2015 08-Sep-2015
901 l1-Sep-2015 11-Sep-2015
942 18-Sep-2015 18-Sep-2015
901 0l-Sep-2015 01-Sep-2015
137.33
4.35
11 .02
102.04
102.04
239.45
150.00
942 15-Sep-20'15 15-Sep-2015
901'10-Sep-2015 10-Sep-2015
278.66
11 9.49
895 3l-Aug-2015 31-Aug-2015
1l 0.65
901 01-Sep-2015 01-Sep-20'15
1.89
TOWN OF AMHERSTBURG
Council/Board Report By Dept-(Computer)AP51 30
Date : Oct 08, 2015
Page
Time
3
4:30 pm
Vendor :
Batch :
Department :
0NE06 To zUL01
Ail
2020000 To 2020000
Cheque Print Date
Bank: 1 To 7
Class: All
09-Sep-2015 To 08-Oct-2015
Vendor Vendor Name
lnvoice Description
G.L. Account CC1 CC2 CC3 GLAccount Name
Batch lnvc Date lnvc Due Date
Amount
DEPARTMENT 2O2OOOO POLICE DEPARTMENT
5730 MONTHLY VEHICLE GPS - POLICE CRUISERS
10-5-2020000-0406 GPs coMMUNlcATloN
TINOI TINO'S AUTO SERVICE
5372 MACHINE 2 ROTORS P-301
1O-5-2O2OOOO-0402 VEHICLE & EQUIPMENT MTCE.
TRIOS TRIGRAPHICS
4838 RECEIPT BOOKS
10-5-2020000-0301 oFFtcE SUPPL|ES
UNIO2 UNIFORM UNIFORMS
43536 UNIFORMS
10-5-2020000-0252 UN|FoRMS
901 03-Sep-2015 03-Sep-2015
942 28-Aug-2015 28-Aug-2015
135.60
45.20
96623-Sep-2015 23-Sep-2015
901 03-Sep-2015 03-Sep-2015
268.94
2,144.63
Department Totals 11,559.83
TOWN OF AMHERSTBURG
Council/Board Report By Dept-(EFT)APsl 30
Date : Oct 08, 2015
Page : 4Time: 4:30pm
Vendor:
Batch :
Department
0NE06 To ZUL01
Ail
2020000 To 2020000
EFT Paid Date: 09-Sep-2015
Bank: 1 To 7
Class : All
To 08-Oct-2015
Vendor Gode
lnvoice No.G.L. Account
Vendor Name
Descriptionccl cc2
Batch lnvc Date lnvc Due Date
AmountCC3 GLAccount Name
DEPARTMENT 2O2OOOO POLICE DEPARTMENT
COGO2 COGECO PAYMENTCENTRE
AUG,24115 SEPTINTERNET1 0-5-2020000-0332 TNTERNET ACCESS
MOR26 MORNEAU SHEPELL LTD.
198138-141 INC ADJUSTMENTS, SEPT., OCT. & NOV BENEFIT
10-5-2020000-0207 BENEFTTS - L|FE & D|SAB|L
UNIOI UNION GAS LTD
AUG.24115 JULY/AUG GAS CHARGES
10-5-2020000-0316 TtLtTtES
USBOI US BANK NATIONAL ASSOCIATION VISA
09-07-15 AUGUST PURCHASES - POSTAGE, FOOD, INFI.ATABLE, ETC.
10-5-20200d0-0370 coMMUNtTy SERV|CES
10-5-2020000-0252 NTFORMS
10-5-2020000-0304 PoSTAGE10-5-2020000-037'l pRtsoNER EXPENSES
Total Unpaid forApproval :
Total Manually Paid for Approval :
Total Computer Paid for Approval :
Total EFT Paid for Approval :
Grand Total ITEMS for Approval :
870 24-Aug-2015 24-Aug-2015
1004 0'l-Sep-2015 01-Sep-2015
884 24-Aug-2015 24-Aug-2015
965 07-Sep-2015 07-Sep-2015
Department Totals
242.89
806.82
33.42
60.00
158.'t2't92.10
50.00
1,543.35
0.00
0.00
11,559.83
1,543.35
13,103.18
SUBJECT: Proposed Changes to the Towing Industry Good afternoon Nancy I included a print version of the public consultation feedback form for your review. I also attached a fact sheet that may assist in understanding the situation a bit more. I think the section on "authorization requirements" is what will have the biggest effect on the police towing process. I propose the following question; It is estimated that with more than half of law-enforcement tow calls the consumer is either not present or unable to make an informed decision on who they should choose as a service provider. Are the police prepared to review a price, search for estimates and sign an authorization/estimate form at the scene of a collision during these circumstances? I also fear that limiting hours of service in the tow industry will drastically effect the way law enforcement and the general consumer are serviced throughout the Province. Can you imagine a snowstorm situation where all or most tow operators are out of hours within the first 12 hours of a snow storm. Then what? I would be more than happy to discuss these topics in greater details with your board if you feel it would be beneficial. What I am asking of your board, is that you consider filling out a feedback form asking that some of these issues be considered before they are written into regulations. Feel free to reach out to me should anyone have any questions. Thanks for your assistance. Derek Didone County Towing 519.738-2624 [email protected]
DATE: September 30, 2015
TO:
CC:
FROM: Doug Nelson
RE: Fact sheet for MPP letters/meetings on towing regulations
Proposed regulations for the towing industry were recently released by the Ministry of Government and Consumer Services and the Ministry of Transportation. These regulations, if adopted in their current form, will have a significant impact on how the towing industry operates.
The government is accepting comments on the regulations until Friday, October 29. With the changes occurring through regulation, the issues are not being discussed in the Legislature by Members of Provincial Parliament (MPPs). Instead, government staff developed the proposed regulations after a series of consultations with stakeholders and conducting a province wide series of industry meetings.
While responses to the Ministries on the regulations are important, it is also critical to discuss towing regulations and the risks associated with what is currently proposed with your local MPP.
Below are some important strategies to consider when meeting with and/or writing to your MPP.
What can you do? If you are planning to meet with your MPP, you should call their Constituency Office and request a meeting with them and/or their staff. It is likely the staff will ask for the subject you’re looking to discuss, and it is possible that the staff/MPP may be unaware of any issues related to towing regulations.
MPPs are typically in their riding’s constituency office on Fridays as they do not meet at Queen’s Park on those days.
If you are writing to your MPP, it is important to highlight the concerns you have with the proposed regulations and what it means to the local area and your local business as well. Telling that story and what the effects of regulation may have is critical.
Background: As noted earlier, the MPP and their staff may be unaware of the specific details around towing and the proposed regulations, so it is important to not assume they are familiar with all the specifics.
It is important to highlight the concerns not only for the industry, but what the changes may mean for you, your business and the local community. This will help to address the topic from a local perspective instead of from a Toronto/Ottawa/Urban setting.
The proposed regulations stem from the passing of Bill 15 in late 2014. Bill 15 focused on both auto insurance reforms and the regulation of the towing industry.
Overall, we agree that regulations are important to help the industry however there are certain pieces that may have the opposite effect, and that is what we are hoping to change before regulations are enacted.
The main issues are:
Hours of Service • The reports from the stakeholder panel meetings noted there were various options for
hours of service requirements, ranging from an exemption from completing the log books within a certain geographic range, to requiring all operators to adhere to a maximum number of hours over a set number of days.
• It is concerning to see the comparisons between the long-haul trucking industry and towing, as a tow truck operator does not have a non-stop shift of driving like the trucking industry.
• Urban and rural communities are very different, and so is the volume of calls. Hours of service may cause delays in service, which has a significant impact in rural areas where there are fewer drivers and longer distances to and from a call.
• The towing industry operates quite differently from the trucking industry, and without data to support the hours of service regulation under CVOR, the government is potentially imposing a process that will negatively impact the ability to provide adequate levels of service to stranded motorists across the province throughout the year.
Provincial Licensing • Under the proposed structure, regulation of the towing industry would be set by the
province, however it is likely to be administered by municipalities. • A single provincial towing license would help avoid inconsistent rules and excess costs
for tow operators that work in multiple municipalities. • Currently, only 16 of Ontario’s 444 municipalities have towing by-laws and there could
be a significant operational and financial challenge for operators whose trucks require licensing in numerous communities.
• Why not enable a business license to be issued by municipalities who wish to oversee tow trucks operating in their area.
• A single provincial towing license would not only avoid a financial burden on the industry and ultimately the end users (keeping costs down), it would enable other items discussed like training and a complaints process to be managed better (for consumer protection).
Incident Management • Another issue omitted from the discussions is incident management. • Without a proper incident management protocol, many of the challenges faced on
Ontario’s roads will continue, if not grow. • Many groups have spoken out regarding the importance of incident management and
also supported a private member’s bill at Queen’s Park (Bill 30) that calls for such a measure.
Your letters should have a local focus and highlight that if the regulations come into effect, it could impact how and when you serve the community, that operators will be hit with higher costs and that the regulations have the risk to force a number of businesses out, which ultimately impacts the motorist and their access to services when they’re in need. Thank you in advance for your support, and reaching out to MPPs.
REGULATORY REGISTRY POSTING Posting Source: Regulatory Registry Posting Stage: For Consultation Title: Towing and Vehicle Storage: Proposed regulations under the Consumer
Protection Act, 2002 and the Repair and Storage Liens Act Description: The Ministry of Government and Consumer Services is seeking feedback on the proposed regulatory changes to Ontario Regulation 17/05 (General) under the Consumer Protection Act, 2002 and proposed regulations (General) under the Repair and Storage Liens Act. These changes are intended to establish tow and storage specific consumer protection measures and address storage notification and related issues. Ministry Contact Email: [email protected] Ministry Contact Address: Ministry of Government and Consumer Services Consumer Policy and Liaison Branch 777 Bay Street, 5th Floor Toronto, ON M7A 2J3
Attention: Towing and Vehicle Storage Consultation
Instrument Type: Regulations Category: General Regulation Number: Ontario Regulation 17/05 (General) under the Consumer
Protection Act, 2002 This is a new regulation: New regulation (General) under the Repair and Storage
Liens Act Bill or Act: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 Summary of Proposal: The Ministry of Government and Consumer Services (MGCS) is seeking feedback on proposed regulatory changes under the Consumer Protection Act, 2002 (CPA) and the Repair and Storage Liens Act (RSLA). On November 20, 2014, the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 received Royal Assent. The MGCS-led provisions of the Act: ˗ Amend the CPA to establish tow and storage specific consumer protection
measures; and ˗ Amend the RSLA to address storage notification and related issues. To assist in the development of proposed regulations, the towing and storage consultation panel provided recommendations to government. The ministry received additional feedback on the panel’s recommendations during regional consultation sessions (held in Mississauga, London, Pickering, Ottawa and Sudbury) and through the regulatory registry posting of the Towing and Vehicle Storage Consultations Findings and Recommendations Report which occurred from July 14 – August 12, 2015. Links to the proposed regulations and a summary report can be found below.
How You Can Help The ministry welcomes feedback on the proposed regulations and encourages anyone interested to provide comments. You may submit your feedback by:
• Commenting on the proposal through the Regulatory Registry; • E-mailing [email protected] with “Towing and Vehicle Storage
Proposed Regulations” in the subject line; or • Mailing comments to:
Ministry of Government and Consumer Services Consumer Policy and Liaison Branch 777 Bay Street, 5th Floor, Toronto, Ontario M7A 2J3
You may submit comments directly or use the feedback form provided. Thank you for taking the time to review the draft regulations. We look forward to your response. Subject Keywords: towing, tow truck operator, tow truck owner, tow truck driver, tow truck broker, storer, requirements, consumer, rights, notification period, fair value, municipalities, municipal, lien Posting Date: September 16, 2015 Comments Due Date: October 30, 2015
PUBLIC CONSULTATION FEEDBACK FORM
Towing and Vehicle Storage: Proposed regulations under the Consumer Protection Act and the Repair and Storage Liens Act
The Ministry of Government and Consumer Services would like your feedback on the proposed regulatory changes to Ontario Regulation 17/05 (General) under the Consumer Protection Act, 2002 (CPA) and proposed regulations under the Repair and Storage Liens Act. These changes are intended to establish tow and storage specific consumer protection measures and address storage notification and related issues.
Please submit your general comments and/or input on proposed regulations posted on the Regulatory Registry at http://www.ontariocanada.com/registry/.
You may also use this form to provide your comments. Please save and email your completed form to the Ministry of Government and Consumer Services at [email protected]. Please include “Towing and Vehicle Storage Proposed Regulations” in the subject line.
The closing date for providing feedback is October 30, 2015.
Contact Information Please provide your name, title and the full name and address of your organization (if you are submitting comments on behalf of an organization). About You or Your Organization ☐ Tow truck driver, operator/owner or broker ☐ Vehicle storage owner/operator ☐ Vehicle financing and leasing ☐ Insurance
☐ Municipal ☐ Law Enforcement ☐ Industry association ☐ Other __________
Region (please refer to map and check appropriate box)
� 1. Central Ontario � 2. Eastern Ontario � 3. Greater Toronto Area � 4. Northern Ontario � 5. Southeastern Ontario � 6. Southwestern Ontario � 7. Western Ontario
Proposed Regulations
Definitions For the purposes of this regulation, a tow and storage provider means:
• A tow and storage services operator; and • A tow truck broker or a tow truck driver.
In all cases a tow and storage provider would be a supplier under the CPA.
A definition is proposed for a tow and storage services operator. For tow services, it would be a supplier who holds or is required to hold a valid Commercial Vehicle Operator’s Registration (CVOR) certificate for a commercial motor vehicle, for driving or operating a tow truck under the Highway Traffic Act (HTA). It would also include a supplier, who would have been required to hold a CVOR certificate if one or more of its trucks had been registered under the HTA, in order to capture a supplier with a tow truck from another province, who is engaging in a transaction with a consumer in Ontario.
For storage services, a tow and storage services operator would mean a supplier who provides storage services in respect of a tow service that is subject to Part VI.1 of the CPA, such as when a vehicle is towed to a storage facility after breaking down on the highway. A tow and storage services operator can be one that provides only tow or storage services or both.
Do you have any comments regarding definitions?
Disclosure Towing and storage providers would be required to give consumers the following information, before the consumer or a person acting on the consumer’s behalf gives authorization for the services:
• The name of the provider and, if different, the name under which the provider carries on business;
• The telephone number of the provider, the address of the principal place of business and information about other ways, if any, that the consumer can contact the provider, such as by fax, email or through a website;
• A current statement of rates; and • The address of the location where the provider will take the vehicle.
In addition, a tow and storage provider must disclose if it has a direct or indirect interest in a location or facility where vehicles may be towed for repair, storage or appraisal.
This disclosure requirement would not apply in circumstances where a tow and storage provider provides services as a result of the vehicle being impounded, detained under the authority of other laws, or otherwise lawfully seized.
Do you have any comments regarding disclosure?
Authorization A tow and storage provider would be required to get a written authorization from the consumer. If the consumer is unable to give authorization as a result of the circumstances – for example due to injury – it could be provided by a person acting on behalf of the consumer. The authorization would have to include the name and contact information of the consumer or the person acting on their behalf, and the date and time the authorization was given. A copy of the authorization would have to be given to the consumer or the person acting on their behalf. If the authorization is not given in writing, it would have to be recorded in a way that would allow the person who gave the authorization to retain and make a copy of it.
An authorization would not apply in circumstances where a tow and storage provider provides services as a result of the vehicle being impounded, detained under the authority of other laws, or otherwise lawfully seized.
Do you have any comments regarding authorization?
Prohibitions Recommendations
A tow and storage provider would not be allowed to recommend salvage yards, auto body repair shops, storage yards or garages unless they are asked by the consumer to do so. If a recommendation is given, the tow and storage provider would have to give a written statement of the benefits due to the provider, or another person as a result of making the recommendation. This written statement would have to be given no later than when the consumer is authorizing the tow, where an authorization is required. The written statement must be given as soon as practical, if an authorization is not required.
Fees
A tow and storage provider would not be allowed to charge an amount for services that is greater than what the provider usually charges, just because the tow or storage services are provided as a result of a vehicle having been impounded or otherwise detained under the authority of any other act or regulation, or municipal by-law, unless there is an agreement in place providing for terms of payment for these types of tows.
Do you have any comments regarding prohibitions?
Identifiers Tow and storage providers would be required to clearly post on both sides of every tow truck that they operate:
• The name of the provider, and if different, the name under which the provider carries on business;
• The telephone number of the business; and • If applicable, the provider’s municipal licence number.
This information would be required to be posted at all business premises from which the provider operates. If the tow and storage provider operates more than one tow truck, a unique number that identifies each truck would also be required to be posted.
The tow and storage provider would be required to have a copy of the current statement of rates available at all business premises from which they conduct business, and on their website (if one is maintained).
Do you have any comments regarding identifiers?
Invoice Requirements Tow and storage providers would be required to deliver a written invoice that contains:
• The provider’s name and, if different, the name under which the provider carries on business;
• The telephone number of the provider; • If the provider operates more than one tow truck, the unique number identifying the tow
truck providing the services; • The provider’s municipal business licence number, if applicable; • The make, model, vehicle identification number and licence number of the vehicle being
towed; • The date and time when the services are provided or will be provided; • The address of the location where the services started, the address of the location
where the vehicle was towed to, the address of any stops anticipated or have occurred in between, and if applicable the business name of each of those locations;
• A unique invoice number; • The name of the tow truck driver; and • An itemized list of services and the cost for each service, as well as the total cost.
These invoice requirements would not apply in circumstances where a tow and storage provider provides tow and storage services as a result of the vehicle being impounded, detained under the authority of other laws, or otherwise lawfully seized.
Do you have any comments regarding invoice requirements?
Insurance Requirements A tow and storage provider who offers tow services would be required to maintain the following insurance:
• Coverage against liability resulting from bodily injury to or the death of one or more persons and loss or damage to property, in the amount of at least $2 million exclusive of interests and costs;
• Coverage against liability for damage to a vehicle while in the provider’s care, custody or control, in the amount of at least $100,000; and
• Cargo liability insurance in the amount of at least $50,000.
These insurance requirements would not apply in circumstances where a tow and storage provider provides tow and storage services as a result of the vehicle being impounded, detained under the authority of other laws, or otherwise lawfully seized.
Do you have any comments regarding insurance requirements?
Access to Vehicle Tow and storage providers would have to give a consumer whose vehicle is towed or stored, or a person acting on their behalf, access to the vehicle without charge to remove all property contained in the vehicle belonging to or in the care of the consumer. This could include money, documents and records. A tow and storage provider shall not retain anything that a consumer is entitled to remove to pressure the consumer into making a payment under the agreement for tow and storage services.
Access shall be provided from 9:00am to 6:00pm from Monday to Friday at the location where the vehicle is stored. A reasonable fee can be charged for access outside those times.
These access provisions would not apply in circumstances where a tow and storage provider provides tow and storage services as a result of the vehicle being impounded, detained under the authority of other laws, or otherwise lawfully seized.
Do you have any comments regarding access to the vehicle?
Determination of Fair Value To determine the fair value of the repair or part of a repair of a vehicle, it is proposed that the following factors shall be considered and may be included in calculating the fair value amount:
• The repairer’s fixed costs, variable costs, direct costs and indirect costs; • The repairer’s profit; and • Other relevant factors.
To determine the fair value of storage, storage and repair, or storage and part of a repair of a vehicle, it is proposed that certain factors would continue to be included, such as expenses related to insurance and labour, and all lawful claims for money advanced in relation to the vehicle. This reflects the current rules, under the RSLA, that require that those amounts be included in determining fair value. The proposed amendments would add additional factors that shall be considered and that may be included in calculating the fair value amount. These additional factors are the storer’s fixed costs, variable costs, direct costs and indirect costs, as well as the storer’s profit and any other relevant factors.
Do you have any comments regarding the determination of fair value?
Notice A storer currently has 60 days after the day it receives a vehicle, to inform the owners and other interested persons of the lien, where a storer knows or has reason to believe that the motor vehicle was received from a person other than the owner or a person having the owner’s authority. It is proposed that the 60-day notice period be shortened to 15 days when the motor vehicle is registered in Ontario.
The notice period would remain 60 days for vehicles registered in another province or country.
Proposed amendments would provide that where documents are required to be or may be given under the RSLA, they can be sent electronically or faxed. This would be in addition to the methods identified currently in the RSLA, such as by delivering the document personally or by certified or registered mail.
No lien arises for tow and storage services that are subject to the Consumer Protection Act, unless the provisions regarding disclosure, authorization, invoicing, insurance and disclosure of an interest has been complied with. For example, if an authorization to tow is required and none is obtained, no lien would arise for that unauthorized tow service.
Do you have any comments regarding notice? We are interested in any other comments or suggestions you wish to make.
Send Feedback to [email protected] by October 30, 2015
Privacy Statement Please note that unless requested and agreed otherwise by the Ministry of Government and Consumer Services, all materials or comments received from organizations in response to this consultation will be considered public information and may be used and disclosed by the ministry to assist the ministry in developing the proposed regulatory amendments. This may involve disclosing materials or comments, or summaries of them, to other interested parties during and after the request for public comment process. An individual who provides materials or comments and who indicates an affiliation with an organization will be considered to have submitted those comments or materials on behalf of the organization so identified. Materials or comments received from individuals who do not indicate an affiliation with an organization will not be considered public information unless expressly stated otherwise by the individual. However, materials or comments from individuals may be used and disclosed by the ministry to assist in developing the proposed regulatory amendments. Personal information of those who do not specify an organizational affiliation, such as an individual's name and contact details, will not be disclosed by the ministry without the individual’s consent unless required by law. If you have any questions about the collection of this information, please contact Melissa Martin at [email protected].
OAPSB’s 2015 Fall Labour Relations Seminar Report Good Policing through Good Governance
Over 70 attendees representing 37 of 53 boards at the OAPSB’s Fall Labour Relations Seminar on October 2nd
have taken another step toward gaining control over police collective bargaining. The seminar topic was a
discussion paper that outlined the experience of coordinated bargaining to date and proposed two options to
further advance collective bargaining.
The first option was the current coordinated bargaining model reinforced by a sector labour relations bureau and
by “terms of reference”.
The second option would centralize bargaining under a province-wide mandate at one table, staffed by seasoned
negotiators and backed by research support. This master agreement would then be complemented by local
agreements bargained between each board and its police association. Bargaining parties would agree in advance
on which issues would be bargained centrally or locally.
After the options were presented, the board representatives broke out into two groups to discuss the merits of
each option and map the way forward. There was consensus on several points:
• The downward trend in police wage increases that has been achieved through coordinated bargaining is
positive and encouraging.
• Police service boards welcome greater coordination with a view to continuing this trend.
• Boards favoured the establishment of a police labour relations bureau to act as a clearing house for
information and as an LR consultant to provide legal, tactical and strategic advice. This was especially
welcome for smaller boards.
• Boards endorsed pursuit of the centralized model. They pointed to several crucial benefits of a central
table, including:
o The availability of bargaining resources and expertise to match those of the police
associations;
o The elimination of rogue settlements producing unsustainable increases and negatively
influencing arbitration awards; and
o The ability to reach breakthroughs that no individual board would be able to negotiate
on its own.
A working group was nominated to continue the momentum generated by the seminar. The members are Kevin
Eccles (West Grey), Eli El-Chantiry (Ottawa), Fred Kaustinen (OAPSB), Paul Paolatto (London), Mary Silverthorn
(OPP) and Terry Baxter (Treasury Board Secretariat). The group will develop a detailed description and cost
analysis of the centralized model, and will consult with the province and local boards to build support.
A call was made for voluntary financial support to the OAPSB specifically for the bargaining initiative. Several
boards have already contributed and more resources are needed.
Presentations on the proposed model will be made at your upcoming zone meetings in the coming weeks. The
conference delegates agreed that the only way to build on the progress made so far is to strengthen bargaining
coordination. Come to the zone meeting and find out how you and your board can play a part.
CITIZEN/ POLICE RECOGNITION AND SERVICE AWARDS
NOVEmbER 17, 2015
On behalf of the Amherstburg Police Service and the Amherstburg Police Services Board
You are cordially invited to attend our Awards Night Tuesday, November 17, 2015
Knights of Columbus Hall, 190 Richmond Street, Amherstburg
Order of Dress: Serving Officers Full Dress Uniform or Business Attire Civilians: Semi Formal
You may bring family members with you. Awards 6:00 pm - 6:30 pm Dinner 6:30 pm - 8:00pm
Please RSVP Constable Steven Owen no later than November 10, 2015 along with the number
of persons attending. Constable Steven Owen (519) 736-8559 [email protected]
Timothy Berthiaume
Chief of Police
