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O. Reg. 267/14: AMOUNT PAYABLE BY MUNICIPALITIES UNDER SECTION 5.1 OF THE ACT FOR ONTARIO PROVINCIAL POLICE SERVICES

under Police Services Act, R.S.O. 1990, c. P.15

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Police Services Act

ONTARIO REGULATION 267/14

AMOUNT PAYABLE BY MUNICIPALITIES UNDER SECTION 5.1 OF THE ACT FOR ONTARIO PROVINCIAL POLICE SERVICES

Consolidation Period:  From January 1, 2015 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

1.

Interpretation

2.

Average annual number of officers required for municipal policing services

3.

Classes of municipal calls for service

4.

Amount payable by municipality under s. 5.1 of the Act

5.

Transition adjustment: 2015 to 2019

6.

Exemption

7.

OPP to estimate amount owing

8.

Monthly account

9.

Reconciliation

Table 1

 

 

Interpretation

1. (1) In this Regulation,

“base policing services” means municipal policing services provided by OPP officers assigned to integrated detachments, other than responding to municipal calls for service, other than providing court security and other than transporting prisoners; (“services policiers de base”)

“call for service” means an occurrence that requires police response, whether the occurrence is reported by a member of the public or observed by a police officer; (“demande de service”)

“class of municipal calls for service” means any one of the classes of municipal calls for service established by the Commissioner under section 3; (“catégorie de demandes de service municipales”)

“cost of accommodation”, in relation to an integrated detachment, includes, without limitation, the cost of rent, utilities and maintenance for the premises of the integrated detachment; (“coût d’hébergement”)

“employment cost”, in relation to any group of employees, means,

(a) the salaries, wages, overtime payments, vacation pay, statutory holiday pay, shift premiums, allowances, termination pay and other compensation that the employer pays to those employees (whether under a collective agreement or otherwise),

(b) the employer’s contributions to benefit plans for those employees,

(c) the employer’s employment insurance premiums paid in respect of those employees,

(d) the employer’s contributions to pension plans for those employees, including, without limitation, the Public Service Pension Plan and statutory federal or provincial pension plans such as the Canada Pension Plan, and

(e) the tax paid by the employer under the Employer Health Tax Act in respect of those employees; (“coût d’emploi”)

“integrated detachment” means an OPP detachment that provides municipal policing services and the policing services set out in subsection 19 (1) of the Act and, for greater certainty, does not include,

(a) OPP regional, divisional or general headquarters, or

(b) an office which a municipality provides for the use of the OPP but which is not the location where OPP officers report for duty; (“détachement intégré”)

“municipal call for service” means an occurrence in a municipality that requires police response, whether the occurrence is reported by a member of the public or observed by a police officer; (“demande de service municipale”)

“municipal policing services” means proactive and reactive general policing services provided by the OPP to a municipality, whether under section 5.1 of the Act or under an agreement made under section 10 of the Act and includes, without limitation,

(a) community policing,

(b) crime prevention,

(c) general patrol,

(d) directed patrol,

(e) criminal intelligence,

(f) investigating offences, laying charges and participating in the prosecution of offences, including provincial offences and offences under the Criminal Code (Canada) and the Controlled Drugs and Substances Act (Canada),

(g) traffic policing, including traffic management, collision investigation, and conducting Reduce Impaired Driving Everywhere (RIDE) programs and other road safety programs,

(h) responding to disturbances, including dealing with matters relating to the Mental Health Act,

(i) working on missing persons cases,

(j) assisting in search and rescue,

(k) assisting victims of crime,

(l) providing court security,

(m) detachment level supervision of OPP officers and civilians assigned to the detachment,

(n) administrative activities of OPP officers in relation to the provision of municipal policing services, and

(o) training of OPP officers in relation to the provision of municipal policing services,

but does not include the responsibilities of the OPP set out in subsection 19 (1) of the Act and does not include specialized services provided by OPP officers dedicated to or specially trained for the provision of those services including, without limitation, services provided by,

(p) major crime investigators,

(q) accident reconstruction specialists,

(r) tactical response units, or

(s) aircraft units; (“services policiers municipaux”)

“number of properties”, in relation to a municipality, means the sum of the following, calculated on the basis of data compiled by the Municipal Property Assessment Corporation:

(a) the number of units in the municipality that are self-contained residential units intended for seasonal or year round use and are not on a Canadian Forces base, and

(b) the number of properties in the municipality that are not on a Canadian Forces base and that have at least one portion which,

(i) is included in the commercial classes or the industrial classes, as defined in subsection 308 (1) of the Municipal Act, 2001, and

(ii) is not included in a subclass prescribed under the Assessment Act; (“nombre de biens”)

“OPP” means Ontario Provincial Police; (“Police provinciale”)

“other direct operating expenditures”, in relation to integrated detachments, includes, without limitation,

(a) the cost associated with integrated detachment vehicles,

(b) the cost of uniforms and equipment for OPP officers and civilians assigned to integrated detachments,

(c) the cost associated with office automation for integrated detachments, including computer hardware and software, servers, network infrastructure and other information technology equipment and services,

(d) the cost associated with telephones for integrated detachments,

(e) the cost associated with mobile radios for integrated detachments,

but does not include,

(f) the cost of accommodation for integrated detachments, or

(g) the cost of cleaning services for integrated detachments; (“autres dépenses directes de fonctionnement”)

“police services” and “policing services” have the same meaning; (version anglaise seulement)

“responding to municipal calls for service” means the municipal policing services provided by OPP officers assigned to integrated detachments in response to municipal calls for service; (“réponses aux demandes de service municipales”, “répondre aux demandes de service municipales”)

“section 5.1 municipality” means a municipality to which the OPP provides police services under section 5.1 of the Act; (“municipalité visée à l’article 5.1”)

“support costs”, in relation to integrated detachments, means,

(a) the employment cost in respect of persons who guard prisoners for integrated detachments, and

(b) the employment cost in respect of persons who are not assigned to integrated detachments and who, in various capacities, support the work done by OPP officers and civilians assigned to integrated detachments, including, without limitation,

(i) persons who operate communication centres,

(ii) persons who recruit OPP officers for integrated detachments,

  (iii) persons who conduct quality assurance activities for integrated detachments,

  (iv) persons who carry out forensic identification services for integrated detachments,

(v) persons who provide support regarding the information technology used by integrated detachments, and

  (vi) persons who provide support regarding the telephones used by integrated detachments; (“coûts des activités de soutien”)

“target year” means the year for which the amount owing by a municipality under section 5.1 of the Act is being determined; (“année cible”)

“year” means a calendar year. (“année”, “an”)

(2) A reference in this Regulation to a preceding number of years is a reference to the years preceding the target year.  For example, if the target year is 2016, the four preceding years are 2012, 2013, 2014 and 2015.

(3) Subsection (2) does not apply if the reference is to a period of years that precedes the year preceding the target year.  For example, if the target year is 2016, the four-year period that precedes the year preceding the target year is 2011, 2012, 2013 and 2014.

(4) A reference in this Regulation to the year that is two years before the target year is a reference to the year that precedes the year preceding the target year.  For example, if the target year is 2016, the year that is two years before the target year is 2014.

(5) A reference in this Regulation to civilians assigned to an integrated detachment does not include civilians whose job is to guard prisoners.

(6) For purposes of the calculations required to be carried out under this Regulation, if the OPP begins to provide municipal policing services to a municipality under an agreement made under section 10 of the Act during a year, the municipality shall be deemed not to be receiving municipal policing services from the OPP until January 1 of the following year.

(7) For the purpose of calculating the number of properties in a municipality in respect of a specific year, the data to be used is the data compiled by the Municipal Property Assessment Corporation for the year that is two years before the specific year.

(8) Despite subsection (7), for the purpose of calculating the number of properties in a municipality in respect of 2015, the data to be used is the data compiled by the Municipal Property Assessment Corporation for 2012.

Average annual number of officers required for municipal policing services

2. (1) For the purposes of this Regulation, the Average Annual Number of OPP Officers Required for Municipal Policing Services by an integrated detachment in respect of a specific year is the average annual number of OPP officers that the detachment would have needed during the four-year period that precedes the year preceding the specific year, in order to provide municipal policing services, had the only services those officers provided been municipal policing services.

(2) The Commissioner shall determine the Average Annual Number of OPP Officers Required for Municipal Policing Services by an integrated detachment in respect of a specific year, whenever that number is required for purposes of a calculation under this Regulation.

(3) The Commissioner shall base his or her determination on an analysis of the workload of the OPP officers in the integrated detachment during the four-year period and, in analyzing the workload, the Commissioner shall consider the types of roads patrolled by OPP officers assigned to the detachment, the availability of OPP officers assigned to the detachment to respond to calls for service in light of the level of demand for the officers to provide other policing services, the types of calls for service received by the detachment and the need for multiple OPP officers to respond to certain types of calls for service for safety reasons.

Classes of municipal calls for service

3. (1) For the purpose of calculating the Municipal Calls for Service Charges for municipalities under section 4, the Commissioner shall establish two or more classes of municipal calls for service, based on the types of occurrences that constitute municipal calls for service and the OPP resources required to respond to each type of occurrence.

(2) The Commissioner shall first establish the classes by January 1, 2015 and may subsequently from time to time change the classes by adding a class, removing a class or changing the content of a class.

(3) The Commissioner shall ensure that the classes first established under this section are and remain readily available to the public on the OPP website or from the OPP on and after January 1, 2015 and that any changes made to the classes under this section are and remain readily available to the public on the OPP website or from the OPP on and after the date on which they begin to apply.

Amount payable by municipality under s. 5.1 of the Act

4. The amount that each section 5.1 municipality must pay the Minister of Finance for police services provided by the OPP under section 5.1 of the Act during a target year is the amount determined in accordance with the following steps:

1. For each integrated detachment, determine the Detachment Municipal Percentage for the target year by dividing the Average Annual Number of OPP Officers Required for Municipal Policing Services by the detachment in respect of the target year, as determined by the Commissioner under section 2, by the average annual number of OPP officers assigned to the detachment during the four-year period that precedes the year preceding the target year, excluding OPP officers who are provided as an enhancement under an agreement made under section 10 of the Act.

2. Determine the Ontario Municipal Percentage for the target year as follows:

i. Calculate the sum of all the Average Annual Numbers of OPP Officers Required for Municipal Policing Services in respect of the target year for all integrated detachments, as determined by the Commissioner under section 2.

ii. Determine the average annual number of OPP Officers assigned to integrated detachments during the four-year period that precedes the year preceding the target year, excluding OPP officers who are provided as an enhancement under an agreement made under section 10 of the Act.

iii. Divide the result obtained under subparagraph i by the result obtained under subparagraph ii.

3. For each integrated detachment, determine the Detachment Officer Employment Cost for Municipal Policing for the target year as follows:

i. Determine the average annual number of OPP officers in each pay classification level during the four-year period that precedes the year preceding the target year.

ii. For each OPP officer pay classification level in the detachment, multiply the result obtained under subparagraph i by the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1.

iii. For each OPP officer pay classification level in the detachment, multiply the result obtained under subparagraph ii by the annual employment cost in respect of the target year for an OPP officer in that pay classification level, excluding overtime payments and excluding increases in any other elements of the employment cost that result from overtime payments.

iv. Calculate the sum of the results obtained under subparagraph iii for all OPP officer pay classification levels in the detachment.

4. Determine the Officer Employment Cost for Municipal Policing Services in Ontario for the target year by calculating the sum of the results obtained under paragraph 3 for all integrated detachments.

5. For each integrated detachment, determine the Detachment Civilian Employment Cost for Municipal Policing for the target year as follows:

i. Determine the average annual number of civilians in each pay classification level during the four-year period that precedes the year preceding the target year.

ii. For each civilian pay classification level in the detachment, multiply the result obtained under subparagraph i by the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1.

iii. For each civilian pay classification level in the detachment, multiply the result obtained under subparagraph ii by the annual employment cost in respect of the target year for a civilian in that pay classification level, excluding overtime payments and excluding increases in any other elements of the employment cost that result from overtime payments.

iv. Calculate the sum of the results obtained under subparagraph iii for all civilian pay classification levels in the detachment.

6. Determine the Civilian Employment Cost for Municipal Policing Services in Ontario for the target year by calculating the sum of the results obtained under paragraph 5 for all integrated detachments.

7. Determine the Support Costs Amount for Municipal Policing Services in Ontario for the target year as follows:

i. For each of the different types of services covered by clause (b) of the definition of “support costs” in subsection 1 (1) that were provided to integrated detachments during the year that is two years before the target year, determine the number of persons that would have been needed in order to provide each such service during that year, had those persons been providing only such service.

ii. For each of the different types of services covered by clause (b) of the definition of “support costs” in subsection 1 (1) that were provided to integrated detachments during the year that is two years before the target year, multiply the result obtained under subparagraph i by the annual employment cost, in respect of the year preceding the target year, for a person providing that service, excluding overtime payments and excluding increases in any other elements of the employment cost that result from overtime payments.

iii. Calculate the sum of the results obtained under subparagraph ii for all the services covered by clause (b) of the definition of “support costs” in subsection 1 (1) that were provided to integrated detachments during the year that is two years before the target year.

iv. Calculate the sum of the result obtained under subparagraph iii and the employment cost incurred in respect of the year that is two years before the target year for persons who guard prisoners for integrated detachments.

v. Multiply the result obtained under subparagraph iv by the Ontario Municipal Percentage for the target year, as determined under paragraph 2.

8. Determine the Other Direct Operating Expenditures Amount for Municipal Policing Services in Ontario for the target year by multiplying the Ontario Municipal Percentage for the target year, as determined under paragraph 2, by the other direct operating expenditures incurred for all integrated detachments in respect of the year that is two years before the target year.

9. In carrying out the calculations required under paragraphs 3 to 8, exclude employment costs, support costs and other direct operating expenditures, as the case may be, that relate to prisoner transportation, the provision of court security, the provision of services identified as enhancements in agreements made under section 10 of the Act, accommodation for integrated detachments or the cleaning of integrated detachments.

10. Determine the General Cost of Providing OPP Municipal Policing Services in Ontario for the target year by calculating the sum of the following amounts:

i. The Officer Employment Cost for Municipal Policing Services in Ontario for the target year, as determined under paragraph 4.

ii. The Civilian Employment Cost for Municipal Policing Services in Ontario for the target year, as determined under paragraph 6.

iii. The Support Costs Amount for Municipal Policing Services in Ontario for the target year, as determined under paragraph 7.

iv. The Other Direct Operating Expenditures Amount for Municipal Policing Services in Ontario for the target year, as determined under paragraph 8.

11. Determine the Ontario Base Services Percentage for the target year by dividing the total time all OPP constables assigned to integrated detachments spent providing base policing services during the four-year period that precedes the year preceding the target year by the total time all OPP constables assigned to integrated detachments spent providing all municipal policing services during that four-year period.

12. For each integrated detachment, determine the Detachment Inspector and Staff Sergeant Employment Cost for Municipal Policing for the target year as follows:

i. Determine the average annual number of inspectors and staff sergeants in each pay classification level in the detachment during the four-year period that precedes the year preceding the target year.

ii. For each pay classification level, multiply the result obtained under subparagraph i by the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1.

iii. For each pay classification level, multiply the result obtained under subparagraph ii by the annual employment cost in respect of the target year for an inspector or staff sergeant in that pay classification level, excluding overtime payments and excluding increases in any other elements of the employment cost that result from overtime payments.

iv. Calculate the sum of the results obtained under subparagraph iii for all pay classification levels in the detachment.

13. Determine the Inspector and Staff Sergeant Employment Cost for Municipal Policing Services in Ontario for the target year by calculating the sum of the results obtained under paragraph 12 for all integrated detachments.

14. Determine the Inspector and Staff Sergeant Cost for Municipal Policing Services in Ontario for the target year as follows:

i. For each integrated detachment, determine the average annual number of inspectors and staff sergeants assigned to the detachment during the four-year period that precedes the year preceding the target year.

ii. Multiply the result obtained under subparagraph i by the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1.

iii. Calculate the sum of the results obtained under subparagraph ii for all integrated detachments.

iv. For each integrated detachment, determine the average annual number of OPP officers assigned to the detachment during the four-year period that precedes the year preceding the target year.

v. Multiply the result obtained under subparagraph iv by the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1.

vi. Calculate the sum of the results obtained under subparagraph v for all integrated detachments.

vii. Divide the result obtained under subparagraph iii by the result obtained under subparagraph vi.

viii. Calculate the sum of the Support Costs Amount for Municipal Policing Services in Ontario for the target year, as determined under paragraph 7, and the Other Direct Operating Expenditures Amount for Municipal Policing Services in Ontario for the target year, as determined under paragraph 8.

ix. Multiply the result obtained under subparagraph vii by the result obtained under subparagraph viii.

x. Calculate the sum of the Inspector and Staff Sergeant Employment Cost for Municipal Policing Services in Ontario for the target year, as determined under paragraph 13, and the result obtained under subparagraph ix.

15. Determine the Ontario Base Services Amount for the target year as follows:

i. Subtract the Inspector and Staff Sergeant Cost for Municipal Policing Services in Ontario for the target year, as determined under paragraph 14, from the General Cost of Providing OPP Municipal Policing Services in Ontario for the target year, as determined under paragraph 10.

ii. Multiply the result obtained under subparagraph i by the Ontario Base Services Percentage for the target year, as determined under paragraph 11.

iii. Calculate the sum of the result obtained under subparagraph ii and the Inspector and Staff Sergeant Cost for Municipal Policing Services in Ontario for the target year, as determined under paragraph 14.

16. Determine the Base Cost per Property for the target year by dividing the Ontario Base Services Amount for the target year, as determined under paragraph 15, by the total number of properties in respect of the target year in all municipalities receiving municipal policing services during the target year from OPP officers assigned to integrated detachments.

17. Determine the Base Policing Services Charge for each section 5.1 municipality for the target year by multiplying the Base Cost per Property for the target year, as determined under paragraph 16, by the number of properties in that municipality in respect of the target year.

18. Determine the Ontario Calls for Service Amount for the target year by subtracting the Ontario Base Services Amount for the target year, as determined under paragraph 15, from the General Cost of Providing OPP Municipal Policing Services in Ontario for the target year, as determined under paragraph 10.

19. Determine the Time Standard for each class of municipal calls for service for the target year by calculating the average amount of time that OPP constables assigned to integrated detachments spent responding to each municipal call for service of that class during the four-year period that precedes the year preceding the target year.

20. Determine the Weighted Calls for Service Hours for each municipality receiving municipal policing services during the target year from OPP officers assigned to integrated detachments, as follows:

i. For each class of municipal calls for service, multiply the average annual number of municipal calls for service of that class in that municipality during the four-year period that precedes the year preceding the target year by the Time Standard for that class of municipal calls for service for the target year, as determined under paragraph 19.

ii. For the purpose of the calculation required to be carried out under subparagraph i, if the municipality did not receive municipal policing services from the OPP during the whole of the four-year period, use the average annual number of municipal calls for service of each class during the portion of the four-year period during which the municipality did receive municipal policing services from the OPP, after applying subsection 1 (6) if applicable.

iii. For each municipality, calculate the sum of the results obtained under subparagraph i for all the classes of municipal calls for service.

21. Determine the Total Weighted Calls for Service Hours for the target year by calculating the sum of the results obtained under paragraph 20 for all municipalities receiving municipal policing services during the target year from OPP officers assigned to integrated detachments.

22. Subject to paragraph 25, determine the Municipal Calls for Service Charge for each section 5.1 municipality for the target year as follows:

i. Divide the Weighted Calls for Service Hours for that municipality, as determined under paragraph 20, by the Total Weighted Calls for Service Hours for all municipalities receiving municipal policing services during the target year from OPP officers assigned to integrated detachments, as determined under paragraph 21.

ii. Multiply the Ontario Calls for Service Amount for the target year, as determined under paragraph 18, by the result obtained under subparagraph i.

23. For each municipality receiving municipal policing services during the target year from OPP officers assigned to integrated detachments, determine the ratio of the municipality’s Weighted Calls for Service Hours, as determined under paragraph 20, to the number of properties in that municipality in respect of the target year.

24. Determine the average of all the ratios determined under paragraph 23.

25. If the ratio of a section 5.1 municipality, as determined under paragraph 23, exceeds the average ratio, as determined under paragraph 24, by five or more standard deviations, determine the Municipal Calls for Service Charge for that section 5.1 municipality for the target year as follows:

i. Multiply the Municipal Calls for Service Charge for that municipality for the target year, as determined under paragraph 22, by the percentage set out in Column 2 of Table 1 opposite the number of standard deviations set out in Column 1 by which that municipality’s ratio exceeds the average ratio.

ii. Subtract the result obtained under subparagraph i from the Municipal Calls for Service Charge for that municipality for the target year, as determined under paragraph 22.

26. Determine the Accommodation Cost per Property for the target year as follows:

i. For every integrated detachment that did not receive any accommodation from the municipality or municipalities that, during the year that is two years before the target year, received municipal policing services from the OPP officers assigned to the detachment, multiply the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1, by the cost of accommodation for the detachment in respect of the year that is two years before the target year, as determined by Infrastructure Ontario.

ii. Calculate the sum of the results obtained under subparagraph i for all of the integrated detachments described in that subparagraph.

iii. For every integrated detachment that received accommodation from one or more, but not all, of the municipalities that, during the year that is two years before the target year, received municipal policing services from the OPP officers assigned to the detachment, Infrastructure Ontario shall determine the pro-rated cost of accommodation that would have been payable in respect of the municipal policing services provided to the municipality or municipalities that did not provide accommodation for the detachment during the year that is two years before the target year.

iv. Calculate the sum of the results obtained under subparagraph iii for all of the integrated detachments described in that subparagraph.

v. Calculate the sum of the results obtained under subparagraphs ii and iv.

vi. Divide the result obtained under subparagraph v by the total number of properties in respect of the target year in all municipalities that,

A. receive municipal policing services during the target year from OPP officers assigned to integrated detachments, and

B. do not provide any accommodation for an integrated detachment during the target year.

27. For each section 5.1 municipality that does not provide any accommodation during the target year for an integrated detachment whose OPP officers provide municipal policing services to the municipality, determine the Detachment Accommodation Charge for the municipality for the target year by multiplying the Accommodation Cost per Property for the target year, as determined under paragraph 26, by the number of properties in the municipality in respect of the target year.

28. Determine the Cleaning Services Cost per Property for the target year as follows:

i. For every integrated detachment that did not receive any cleaning services from the municipality or municipalities that, during the year that is two years before the target year, received municipal policing services from the OPP officers assigned to the detachment, multiply the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1, by the cost of cleaning services for the detachment in respect of the year that is two years before the target year.

ii. Calculate the sum of the results obtained under subparagraph i for all of the integrated detachments described in that subparagraph.

iii. For every integrated detachment that received cleaning services from one or more, but not all, of the municipalities that, during the year that is two years before the target year, received municipal policing services from the OPP officers assigned to the detachment, determine the pro-rated cost of cleaning services that would have been payable in respect of the municipal policing services provided to the municipality or municipalities that did not provide cleaning services for the detachment during the year that is two years before the target year.

iv. Calculate the sum of the results obtained under subparagraph iii for all of the integrated detachments described in that subparagraph.

v. Calculate the sum of the results obtained under subparagraphs ii and iv.

vi. Divide the result obtained under subparagraph v by the total number of properties in respect of the target year in all municipalities that,

A. receive municipal policing services during the target year from OPP officers assigned to integrated detachments, and

B. do not provide any cleaning services for an integrated detachment during the target year.

29. For each section 5.1 municipality that does not provide any cleaning services during the target year for an integrated detachment whose OPP officers provide municipal policing services to the municipality, determine the Detachment Cleaning Charge for the municipality for the target year by multiplying the Cleaning Services Cost per Property for the target year, as determined under paragraph 28, by the number of properties in the municipality in respect of the target year.

30. Determine the Prisoner Transportation Cost for the target year as follows:

i. For each integrated detachment, multiply the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1, by the employment cost incurred in respect of the target year for OPP officers and civilians assigned to the detachment, in connection with prisoner transportation.

ii. Calculate the sum of the results obtained under subparagraph i for all integrated detachments.

iii. For each integrated detachment, multiply the Detachment Municipal Percentage for the detachment for the target year, as determined under paragraph 1, by the sum of the support costs and other direct operating expenditures incurred for all integrated detachments, in respect of the year that is two years before the target year, in connection with prisoner transportation.

iv. Calculate the sum of the results obtained under subparagraph iii for all integrated detachments.

v. Calculate the sum of the result obtained under subparagraph ii and the result obtained under subparagraph iv.

31. Determine the Prisoner Transportation Charge for each section 5.1 municipality for the target year as follows:

i. Divide the number of properties in the municipality in respect of the target year by the total number of properties in respect of the target year in all municipalities receiving municipal policing services from OPP officers assigned to integrated detachments.

ii. Multiply the result obtained under subparagraph i by the Prisoner Transportation Cost for the target year, as determined under paragraph 30.

32. For each section 5.1 municipality in which court proceedings are conducted, determine the Court Security Charge for the municipality for the target year by calculating the sum of the following amounts:

i. The employment cost incurred in respect of the target year for OPP officers and civilians assigned to integrated detachments, in connection with providing security for the courts conducting proceedings in the municipality.

ii. The support costs and other direct operating expenditures incurred for integrated detachments, in respect of the year that is two years before the target year, in connection with providing security for the courts conducting proceedings in the municipality.

33. Subject to paragraph 34, determine the Overtime Charge for each section 5.1 municipality for the target year by calculating the sum of the following amounts:

i. The overtime payments made in respect of the target year to OPP officers and civilians assigned to integrated detachments, in connection with municipal policing services provided to the municipality, excluding overtime payments relating to transporting prisoners or providing court security.

ii. The increases in any other elements of the employment cost that result from the overtime payments described in subparagraph i.

34. If the ratio of a section 5.1 municipality, as determined under paragraph 23, exceeds the average ratio, as determined under paragraph 24, by five or more standard deviations, determine the Overtime Charge for that section 5.1 municipality for the target year as follows:

i. Multiply the Overtime Charge for that municipality for the target year, as determined under paragraph 33, by the percentage set out in Column 2 of Table 1 opposite the number of standard deviations set out in Column 1 by which that municipality’s ratio exceeds the average ratio.

ii. Subtract the result obtained under subparagraph i from the Overtime Charge for that municipality for the target year, as determined under paragraph 33.

35. Subject to section 5 (Transition adjustment: 2015 to 2019), the amount that each section 5.1 municipality must pay the Minister of Finance for police services provided by the OPP under section 5.1 of the Act during a target year is the sum of the following amounts:

i. The Base Policing Services Charge for that municipality for the target year, as determined under paragraph 17.

ii. The Municipal Calls for Service Charge for that municipality for the target year, as determined under paragraph 22 or 25, as applicable.

iii. The Detachment Accommodation Charge for that municipality for the target year, as determined under paragraph 27, if applicable.

iv. The Detachment Cleaning Charge for that municipality for the target year, as determined under paragraph 29, if applicable.

v. The Prisoner Transportation Charge for that municipality for the target year, as determined under paragraph 31.

vi. The Court Security Charge for that municipality for the target year, as determined under paragraph 32, if applicable.

vii. The Overtime Charge for that municipality for the target year, as determined under paragraph 33 or 34, as applicable.

Transition adjustment: 2015 to 2019

5. (1) This section applies only if the amount owing by a municipality for police services provided by the OPP under section 5.1 of the Act is being calculated for the target year 2015, 2016, 2017, 2018 or 2019.

(2) The amount owing by each section 5.1 municipality for police services provided by the OPP under section 5.1 of the Act during a target year, as determined under paragraph 35 of section 4, shall be adjusted in accordance with the following steps:

1. Determine the Per Property Amount Owing by the section 5.1 municipality for the target year by dividing the amount determined under paragraph 35 of section 4, without any adjustment under this section, by the number of properties in the municipality in respect of the target year.

2. Determine the Per Property Amount Owed by the section 5.1 municipality for the year preceding the target year by dividing,

i. if the year preceding the target year is 2014, the amount owed by the municipality under section 5.1 of the Act for 2014, as determined under Ontario Regulation 420/97 (Costs of Ontario Provincial Police Services to Municipalities Under Section 5.1 of the Act) made under the Act, as it read on December 31, 2014 before its revocation, or

ii. if the year preceding the target year is 2015, 2016, 2017 or 2018, the amount determined under paragraph 8, 9, 11 or 12, as applicable,

by the number of properties in the municipality in respect of the year preceding the target year.

3. Determine the amount, if any, by which the Per Property Amount Owing by the section 5.1 municipality for the target year, as determined under paragraph 1, is greater than or less than the Per Property Amount Owed by it for the year preceding the target year, as determined under paragraph 2.

4. Determine the Ontario Cost Growth Amount for the target year as follows:

i. Determine the Cost Growth Amount for the Officer Employment Cost for Municipal Policing Services in Ontario for the target year as follows:

A. For each integrated detachment, determine the average annual number of OPP officers in each pay classification level during the four-year period that precedes the year that is two years before the target year.

B. For each integrated detachment, determine the Detachment Municipal Percentage for the year preceding the target year by dividing the Average Annual Number of OPP Officers Required for Municipal Policing Services by the detachment in respect of the year preceding the target year, as determined by the Commissioner under section 2, by the average annual number of OPP officers assigned to the detachment during the four-year period that precedes the year that is two years before the target year, excluding OPP officers who are provided as an enhancement under an agreement made under section 10 of the Act.

C. For each OPP officer pay classification level in the detachment, multiply the result obtained under sub-subparagraph A by the Detachment Municipal Percentage for the detachment for the year preceding the target year, as determined under sub-subparagraph B.

D. For each OPP officer pay classification level in the detachment, subtract the annual employment cost, in respect of the year preceding the target year, for an OPP officer in that pay classification level from the annual employment cost in respect of the target year for an OPP officer in that pay classification level, in both cases excluding overtime payments and excluding increases in any other elements of the employment cost that result from overtime payments.

E. For each OPP officer pay classification level in the detachment, multiply the result obtained under sub-subparagraph C by the result obtained under sub-subparagraph D.

F. For each integrated detachment, calculate the sum of the results obtained under sub-subparagraph E for all OPP officer pay classification levels in the detachment.

G. Calculate the sum of the results obtained under sub-subparagraph F for all integrated detachments.

ii. Determine the Cost Growth Amount for the Civilian Employment Cost for Municipal Policing Services in Ontario for the target year as follows:

A. For each integrated detachment, determine the average annual number of civilians in each pay classification level during the four-year period that precedes the year that is two years before the target year.

B. For each integrated detachment, determine the Detachment Municipal Percentage for the year preceding the target year by dividing the Average Annual Number of OPP Officers Required for Municipal Policing Services by the detachment in respect of the year preceding the target year, as determined by the Commissioner under section 2, by the average annual number of OPP officers assigned to the detachment during the four-year period that precedes the year that is two years before the target year, excluding OPP officers who are provided as an enhancement under an agreement made under section 10 of the Act.

C. For each civilian pay classification level in the detachment, multiply the result obtained under sub-subparagraph A by the Detachment Municipal Percentage for the detachment for the year preceding the target year, as determined under sub-subparagraph B.

D. For each civilian pay classification level in the detachment, subtract the annual employment cost, in respect of the year preceding the target year, for a civilian in that pay classification level from the annual employment cost in respect of the target year for a civilian in that pay classification level, in both cases excluding overtime payments and excluding increases in any other elements of the employment cost that result from overtime payments.

E. For each civilian pay classification level in the detachment, multiply the result obtained under sub-subparagraph C by the result obtained under sub-subparagraph D.

F. For each integrated detachment, calculate the sum of the results obtained under sub-subparagraph E for all civilian pay classification levels in the detachment.

G. Calculate the sum of the results obtained under sub-subparagraph F for all integrated detachments.

iii. Determine the Cost Growth Amount for Support Costs for Municipal Policing Services in Ontario for the target year as follows:

A. Calculate the sum of all the Average Annual Numbers of OPP Officers Required for Municipal Policing Services in respect of the target year for all integrated detachments, as determined by the Commissioner under section 2.

B. Divide the Support Costs Amount for Municipal Policing Services in Ontario for the target year, as determined under paragraph 7 of section 4, by the result obtained under sub-subparagraph A.

C. Calculate the sum of all the Average Annual Numbers of OPP Officers Required for Municipal Policing Services in respect of the year preceding the target year for all integrated detachments, as determined by the Commissioner under section 2.

D. Divide the Support Costs Amount for Municipal Policing Services in Ontario for the year preceding the target year,

1.  as determined under paragraph 7 of section 4, if the year preceding the target year is 2015, 2016, 2017 or 2018, or

2.  which shall be determined in accordance with paragraph 7 of section 4, if the year preceding the target year is 2014,

by the result obtained under sub-subparagraph C.

E. Subtract the result obtained under sub-subparagraph D from the result obtained under sub-subparagraph B.

F. Multiply the result obtained under sub-subparagraph E by the result obtained under sub-subparagraph C.

iv. Determine the Cost Growth Amount for Other Direct Operating Expenditures for Municipal Policing Services in Ontario for the target year as follows:

A. Divide the Other Direct Operating Expenditures Amount for Municipal Policing Services in Ontario for the target year, as determined under paragraph 8 of section 4, by the result obtained under sub-subparagraph iii A.

B. Divide the Other Direct Operating Expenditures Amount for Municipal Policing Services in Ontario for the year preceding the target year,

1.  as determined under paragraph 8 of section 4, if the year preceding the target year is 2015, 2016, 2017 or 2018, or

2.  which shall be determined in accordance with paragraph 8 of section 4, if the year preceding the target year is 2014,

by the result obtained under sub-subparagraph iii C.

C. Subtract the result obtained under sub-subparagraph B from the result obtained under sub-subparagraph A.

D. Multiply the result obtained under sub-subparagraph C by the result obtained under sub-subparagraph iii C.

v. Calculate the sum of the results obtained under subparagraphs i, ii, iii and iv.

5. Determine the Per Property Cost Growth Amount for the target year by dividing the Ontario Cost Growth Amount, as determined under paragraph 4, by the total number of properties in respect of the year preceding the target year in all municipalities receiving municipal policing services during the year preceding the target year from OPP officers assigned to integrated detachments.

6. If the target year is 2015 and the result obtained under paragraph 3 shows that the Per Property Amount Owing by the section 5.1 municipality for the target year is equal to the Per Property Amount Owed by it for the year preceding the target year, or has increased by an amount that is less than or equal to $40, then the amount owing by the municipality for police services provided by the OPP under section 5.1 of the Act during the target year shall not be adjusted and is the amount determined under paragraph 35 of section 4.

7. If the target year is 2015 and the result obtained under paragraph 3 shows that the Per Property Amount Owing by the section 5.1 municipality for the target year has increased by an amount that is greater than $40, then the amount owing by the municipality for police services provided by the OPP under section 5.1 of the Act during the target year is not the amount determined under paragraph 35 of section 4 but is the amount determined as follows:

i. Calculate the sum of the following amounts:

A. The Per Property Amount Owed by the municipality for the year preceding the target year, as determined under paragraph 2.

B. $40.

ii. Multiply the result obtained under subparagraph i by the number of properties in the municipality in respect of the target year.

8. If the target year is 2016, 2017, 2018 or 2019 and the result obtained under paragraph 3 shows that the Per Property Amount Owing by the section 5.1 municipality for the target year,

i. is equal to the Per Property Amount Owed by it for the year preceding the target year, or

ii. has increased by an amount that is less than or equal to the sum of,

A. $40, and

B. the Per Property Cost Growth Amount for the target year, as determined under paragraph 5, if it is a positive number,

then the amount owing by the municipality for police services provided by the OPP under section 5.1 of the Act during the target year shall not be adjusted and is the amount determined under paragraph 35 of section 4.

9. If the target year is 2016, 2017, 2018 or 2019 and the result obtained under paragraph 3 shows that the Per Property Amount Owing by the section 5.1 municipality for the target year has increased by an amount that is greater than the sum of,

i. $40, and

ii. the Per Property Cost Growth Amount for the target year, as determined under paragraph 5, if it is a positive number,

then the amount owing by the municipality for police services provided by the OPP under section 5.1 of the Act during the target year is not the amount determined under paragraph 35 of section 4 but is the amount determined as follows:

iii. Calculate the sum of the following amounts:

A. The Per Property Amount Owed by the municipality for the year preceding the target year, as determined under paragraph 2.

B. $40.

C. The Per Property Cost Growth Amount for the target year, as determined under paragraph 5, if it is a positive number.

iv. Multiply the result obtained under subparagraph iii by the number of properties in the municipality in respect of the target year.

10. Determine the Final Per Property Reduction Limit for the target year as follows:

i. For greater certainty, for purposes of the calculations required to be carried out in this paragraph,

A. include all municipalities that receive municipal policing services from the OPP, whether under section 5.1 of the Act or an agreement made under section 10 of the Act, unless otherwise specified, and

B. exclude amounts relating to services identified as enhancements in agreements made under section 10 of the Act.

ii. In the case of municipalities owing a per property amount for the target year that is equal to or greater than the per property amount owed for the year preceding the target year, do the following:

A. Determine the total amount payable by these municipalities for municipal policing services provided by the OPP during the target year, without applying any adjustments under this section.

B. Determine the total amount payable by these municipalities for municipal policing services provided by the OPP during the target year, applying such adjustments under this section as may be applicable.

iii. Determine the Shortfall Resulting from Capped Increases by subtracting the result obtained under sub-subparagraph ii B from the result obtained under sub-subparagraph ii A.

iv. In the case of municipalities owing a per property amount for the target year that is less than the per property amount owed for the year preceding the target year, do the following:

A. Determine the total amount payable by these municipalities for municipal policing services provided by the OPP during the target year, without applying any adjustments under this section.

B. Determine the total amount that was payable by these municipalities for municipal policing services provided by the OPP during the year preceding the target year.

v. Determine the Total Unadjusted Decrease by subtracting the result obtained under sub-subparagraph iv A from the result obtained under sub-subparagraph iv B.

vi. Subtract the Shortfall Resulting from Capped Increases, as determined under subparagraph iii, from the Total Unadjusted Decrease, as determined under subparagraph v.

vii. Determine the Initial Per Property Reduction Limit for the target year by dividing the result obtained under subparagraph vi by the number of properties in municipalities owing a per property amount for the target year that is less than the per property amount owed for the year preceding the target year.

viii. If none of the municipalities included in the calculation under subparagraph iv has a per property decrease for the target year that is less than the Initial Per Property Reduction Limit for the target year, as determined under subparagraph vii, the Final Per Property Reduction Limit for the target year is equal to the Initial Per Property Reduction Limit for the target year, as determined under subparagraph vii.

ix. If any of the municipalities included in the calculation under subparagraph iv has a per property decrease for the target year that is less than the Initial Per Property Reduction Limit for the target year, as determined under subparagraph vii, carry out the calculations required by subparagraphs iv to vii again, but this time exclude the municipalities which have a per property decrease for the target year that is less than the Initial Per Property Reduction Limit for the target year. The new amount determined under subparagraph vii as a result of this second calculation is the Second Per Property Reduction Limit for the target year.

x. If none of the municipalities included in the second calculation under subparagraph iv (as carried out under subparagraph ix) has a per property decrease for the target year that is less than the Second Per Property Reduction Limit for the target year, as determined by the second calculation under subparagraph vii (as carried out under subparagraph ix), the Final Per Property Reduction Limit for the target year is equal to the Second Per Property Reduction Limit for the target year, as determined by the second calculation under subparagraph vii.

xi. If any of the municipalities included in the second calculation under subparagraph iv (as carried out under subparagraph ix) has a per property decrease for the target year that is less than the Second Per Property Reduction Limit for the target year, as determined by the second calculation under subparagraph vii (as carried out under subparagraph ix), carry out the calculations required by subparagraphs iv to vii again, but this time exclude the municipalities which have a per property decrease for the target year that is less than the Second Per Property Reduction Limit for the target year. The new amount determined under subparagraph vii as a result of this third calculation is the Third Per Property Reduction Limit for the target year.

xii. Continue the process, as described in subparagraphs viii to xi, until none of the municipalities included in a calculation under subparagraph iv has a per property decrease for the target year that is less than the Per Property Reduction Limit for the target year that was determined under subparagraph vii as a result of that calculation.

xiii. The Final Per Property Reduction Limit for the target year is equal to the Per Property Reduction Limit for the target year that was determined under subparagraph vii as a result of the last calculation that was required to be carried out under that subparagraph.

11. If the result obtained under paragraph 3 shows that the Per Property Amount Owing by the section 5.1 municipality for the target year has decreased by an amount that is greater than the Final Per Property Reduction Limit for the target year, as determined under paragraph 10, then the amount owing by the municipality for police services provided by the OPP under section 5.1 of the Act during the target year is not the amount determined under paragraph 35 of section 4 but is the amount determined as follows:

i. Subtract the Final Per Property Reduction Limit for the target year, as determined under paragraph 10, from the amount by which the Per Property Amount Owing by the section 5.1 municipality for the target year is less than the Per Property Amount Owed by it for the year preceding the target year, as determined under paragraph 3.

ii. Multiply the result obtained under subparagraph i by the number of properties in the municipality in respect of the target year.

iii. Calculate the sum of the amount determined under paragraph 35 of section 4 and the result obtained under subparagraph ii.

12. If the result obtained under paragraph 3 shows that the Per Property Amount Owing by the section 5.1 municipality for the target year has decreased by an amount that is less than or equal to the Final Per Property Reduction Limit for the target year, as determined under paragraph 10, then the amount owing by the municipality for police services provided by the OPP under section 5.1 of the Act during the target year shall not be adjusted and is the amount determined under paragraph 35 of section 4.

Exemption

6. Despite anything in this Regulation,

(a) the amount that the Town of Moosonee must pay the Minister of Finance for police services provided by the OPP under section 5.1 of the Act is zero;

(b) none of the provisions of this Regulation, other than this section, apply to the Town of Moosonee; and

(c) for greater certainty, data respecting the Town of Moosonee shall not be included in any calculations or determinations carried out under this Regulation.

OPP to estimate amount owing

7. (1) Before the beginning of each year, the OPP shall give each municipality for which it will be providing police services under section 5.1 of the Act during that year an estimate of the amount that the municipality will owe for those services.

(2) If the OPP begins to provide police services to a municipality under section 5.1 of the Act during a year, the OPP shall give the municipality, as soon as possible, an estimate of the amount that the municipality will owe for those services for the remainder of that year.

(3) During the year in which the OPP provides police services under section 5.1 of the Act to a municipality, the OPP may give the municipality from time to time an updated estimate of the amount that the municipality will owe for those services.

Monthly account

8. (1) The Minister of Finance shall send a monthly account to each section 5.1 municipality based on the initial estimate and any updated estimates given by the OPP under section 7.

(2) The municipality shall pay the Minister of Finance the amount set out in each monthly account within the time and in the manner provided in the account.

(3) If the municipality does not pay the Minister of Finance the amount set out in a monthly account within the time provided in the account, and if the Minister of Finance requires the municipality to pay interest on the unpaid amounts in accordance with section 10 of the Financial Administration Act, the Minister of Finance may add the interest payable on the unpaid amounts to subsequent monthly accounts sent to the municipality under this section.

Reconciliation

9. (1) During the year following the year for which an estimate is given by the OPP to a municipality, the OPP shall determine the actual amount owed by the municipality for the year for which the estimate was given.

(2) If the actual amount owed by the municipality for a year after 2014 is less than the estimated amount,

(a) the Minister of Finance shall subtract the difference from one or more of the monthly accounts sent to the municipality under section 8 during the year following the year in which the actual amount owed by the municipality is determined under subsection (1); or

(b) if the OPP does not provide police services to the municipality under section 5.1 of the Act during the year following the year in which the actual amount owed by the municipality is determined, the Minister of Finance shall pay the difference to the municipality.

(3) If the actual amount owed by the municipality for a year after 2014 is greater than the estimated amount,

(a) the Minister of Finance shall add the difference to one or more of the monthly accounts sent to the municipality under section 8 during the year following the year in which the actual amount owed by the municipality is determined under subsection (1); or

(b) if the OPP does not provide police services to the municipality under section 5.1 of the Act during the year following the year in which the actual amount owed by the municipality is determined, the municipality shall pay the difference to the Minister of Finance within the time and in the manner specified by the Minister of Finance.

(4) If the actual amount owed by the municipality for 2014 is less than the estimated amount,

(a) the Minister of Finance shall subtract the difference from one or more of the monthly accounts sent to the municipality under section 8 during 2015; or

(b) if the OPP does not provide police services to the municipality under section 5.1 of the Act during 2015, the Minister of Finance shall pay the difference to the municipality.

(5) If the actual amount owed by the municipality for 2014 is greater than the estimated amount,

(a) the Minister of Finance shall add the difference to one or more of the monthly accounts sent to the municipality under section 8 during 2015; or

(b) if the OPP does not provide police services to the municipality under section 5.1 of the Act during 2015, the municipality shall pay the difference to the Minister of Finance within the time and in the manner specified by the Minister of Finance.

10. Omitted (provides for the revocation of other Regulations).

11. Omitted (provides for coming into force of provisions of this Regulation).

TABLE 1

Column 1

Standard deviations by which municipality’s ratio exceeds average ratio

Column 2

Percentage (%)

Less than 5.0

0

5.0 or more but less than 5.2

5

5.2 or more but less than 5.4

7.5

5.4 or more but less than 5.6

10

5.6 or more but less than 5.8

12.5

5.8 or more but less than 6.0

15

6.0 or more but less than 6.2

17.5

6.2 or more but less than 6.4

20

6.4 or more but less than 6.6

22.5

6.6 or more but less than 6.8

25

6.8 or more but less than 7.0

27.5

7.0 or more but less than 7.2

30

7.2 or more but less than 7.4

35

7.4 or more but less than 7.6

40

7.6 or more but less than 7.8

45

7.8 or more but less than 8.0

50

8.0 or more but less than 8.2

55

8.2 or more but less than 8.4

60

8.4 or more but less than 8.6

65

8.6 or more but less than 8.8

70

8.8 or more but less than 9.0

75

9.0 or more but less than 9.2

80

9.2 or more but less than 9.4

85

9.4 or more but less than 9.6

90

9.6 or more

95

 

 

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