HomeMy WebLinkAboutBy-law No. 2023-064THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-064
A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AMENDING
AGREEMENT WITH HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS
REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE
SERVICES FOR THE ELGIN GROUP MUNICIPALITIES
WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to
enter into agreements;
AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15,
municipalities are required to provide adequate and effective police services in accordance
with its needs;
AND WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the
Solicitor General may enter into an agreement with the council of a municipality or jointly
with the councils of two or more municipalities for the provision of police services for the
municipality or municipalities by the Ontario Provincial Police;
AND WHEREAS under Section 29, the Parties may amend the Agreement by written
agreement;
AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the
Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold,
the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of
Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide
(herein after collectively called the "Elgin Group") seek to enter into a single amending
agreement for the provision of Police Services by the Ontario Provincial Police;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the
Municipality of Bayham to enter into an execute under its corporate seal an
agreement for the provision of Police Services with the Solicitor General of Ontario;
2, AND THAT the Police Services agreement with the Solicitor General of Ontario shall
also be authorized by the five other Municipalities, being the other members of the
Elgin Group;
3 AND THAT the Police Services amending agreement will commence on the 1st day
of January, 2024 and will conclude on the 31st day of December 2025,
4. AND THAT a copy of said amending agreement shall remain attached to and form
part of this by-law;
5. AND THAT this by-law shall come into force and effect upon the final passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17t" DAY
OF AUGUST 2023.
MAYOR CLERK
This third AMENDING AGREEMENT is from the 30th day of December 2023 to the
31 It day of December 2025
BETWEEN:
HIS MAJESTY THE KING IN RIGHT OF ONTARIO AS REPRESENTED BY THE
SOLICITOR GENERAL
("Ontario")
-and-
THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN
THE CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
("the Elgin Group")
BACKGROUND
A_ The Parties entered into the Agreement for the provision of Police Services under
Section 10 of the Police Services Act (the "Agreement") which commenced on
the 1 It
day of January 2015.
S. The Agreement includes all the Schedules and Appendices to the Agreement.
C. Pursuant to Section 29, the Parties may amend the Agreement by written
agreement.
D_ The Parties wish to further amend the Agreement as set out in this third Amending
Agreement, by extending the duration of the contract to conclude on the 31It of
December 2025, as supported by:
• By-law # 2023-81 dated the 14th day of September, 2023 of the Council of the
Municipality of West Elgin (attached as Schedule "A-2").
+ By-law # 2023-064, dated the 17th day of August, 2023 of the Council of the
Municipality of Bayham (attached as Schedule "A-2").
■ By-law # 2023-47 dated the 14th day of August, 2023 of the Council of the
Township of Southwold (attached as Schedule "A-2").
• By-law # 2834 dated the 10th day of October, 2023 of the Council of the
Municipality of Central Elgin (attached as Schedule "A-2").
+ By-law #2023-49 dated the 16th day of August, 2023 of the Council of the
Municipality of Dutton Dunwich (attached as Schedule "A-2").
i By-law # 23-63 dated the 7th day of September, 2023 of the Council of the
Township of Malahide (attached as Schedule "A-2).
NOW THEREFORE, the Parties agree as follows:
Section 26 of the Agreement shall be replaced with the following:
26. Notwithstanding the date upon which this Agreement is signed, the term of
this Agreement shall commence on the 1 st day of January 2015, and shall
conclude on the earlier of (i) the 31 st day of December 2025 or (ii) the date
that the Community Safety and Policing Act, 2019 comes into force.
Relevant terms and conditions of the Agreement, that are not specifically amended but
that relate to the amendments set out in this Amending Agreement shall be deemed to be
amended so as to give effect to the changes herein.
Except for the amendments set out herein, the terms and conditions of the Agreement
remain in full force and effect and time shall remain of the essence.
Notwithstanding the date upon which this Amending Agreement is signed, this Amending
Agreement is effective as of the 30'h day of December 2023.
FOR ONTARIO
Deputy Solicitor General, Community Safety
FOR THE Corporation of
the Municipality of West Elgin Mayor
Chief Administrative Officer
Date signed by Municipality:
FOR THE Corporation of
the Municipality of Bayham
Date signed by Municipality: I ��