HomeMy WebLinkAbout98-165 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98- 165
being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and the Ministry of Transportation
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington, and seal
with the Corporate Seal, a Government Authorized Requester
Agreement with the Ministry of Transportation to provide motor
vehicle license information for the municipal parking tag program.
2. THAT the Agreement attached hereto as Schedule "A"forms part
of this By-law.
By-law read a first and second time this 9th day of November 1998
By-law read a third time and finally passed this 9th day of November 1998
MAYOR
LERK
t
MUNICIPALITY OF
_ far ington
ONTARIO
November 12, 1998
Ms. Sandy Chan
Business and Technology Integration Group
Ministry of Transportation Ontario
Room 202, East Building
1201 Wilson Avenue
Downsview, Ontario
M3M 1j8
Dear Ms. Chan:
RE: MINISTRY OF TRANSPORTATION, MUNICIPAL PARKING TAG PROGRAM
I enclosed herewith two Agreements duly executed by the Mayor and myself. Will you
please place your signature of approval thereon and return one copy to the undersigned for
our records.
Yours trul ,
Patti arrie, A. C.T.
C erk
PLB/hj
attachment
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET BOWMANVILLE -ONTARIO • L1C 3A6 • (905) 623-3379 • FAX 623.4169 RECYCLED PAPER
x
THIS AGREEMENT MADE IN DUPLICATE THE FIRST DAY OF JULY,1998.
GOVERNMENT AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made
BETWEEN:
Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of
Transportation,
(hereinafter referred to as the"Ministry"),
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Municipality of Clarington(9666)a Municipality in the Province of Ontario
(hereinafter referred to as the"Municipality").
WHEREAS the Ministry maintains computer databases containing residential address information
pertaining to the registered holders of motor vehicle licence plates,(herein referred to as"Information
Products");
AND WHEREAS the Municipality requires access to the Information Products for the purpose of
commencing a legal proceeding against a registered licence plate holder who has conunitted a parking
infraction in contravention of a municipal parking by-law;
AND WHEREAS the Ministry shall permit the Municipality access to the Ministry's Information
Products subject to the terms and conditions of this Agreement;
NOW THEREFORE the Ministry and the Municipality, in consideration of the promised and
mutual covenants hereinafter contained,do hereby agree as follows:
1.0 Grant of licence
1.1 Grant
The Municipality is granted herein a non-exclusive,non-assignable and non transferable licence to
access and use the Information Products,subject to the terms of this Agreement.
1.2 Title
The Municipality agrees and acknowledges that the Ministry owns all right, title and interest in the
Information Products and other proprietary rights. This licence is not a sale of any or all of the
Ministry's right,title or interest of any kind whatsoever.
1.3 (1)Authorized Use
The Municipality warrants that the Information Products and the information contained therein shall
be held in strict confidence for the exclusive use of the Municipality and that the Municipality shall
not use the Ministry's Information Products for any purpose except for that which has been approved
by the Ministry,as follows:
(a)to send to registered licence plate holders notices that are prescribed by law where a legal
proceeding has been commenced by the Municipality against the registered licence plate
holder where it is alleged that the registered licence plate holder has committed an infraction
against a parking by-law enacted by the Municipality;and
(b)to have Information Products certified by the Ministry for legal proceedings where it is
alleged that the registered licence plate holder has committed an infraction against a parking
by-law enacted by the Municipality.
(2) The Municipality warrants that it has statutory authority under the Municipal Freedom of
Information and Protection of Privacy Act for accessing the personal information contained in the
Information Products.
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1.4 Data Matching and Data Profiling
The Municipality shall not develop or derive for any purpose whatsoever, any other product in
machine-readable form or otherwise,that incorporates,modifies, or uses in any manner whatsoever,
any "personal information" obtained from the Information Products. "Personal information" for the
purposes hereof shall have the meaning as defined in sub-section 2(l)of the Freedom of Information
and Protection of Privacy Act(R.S.O. 1990 c.F.31). In addition,the Municipality shall not place any
data which was not obtained hereunder, into a database containing Personal Information obtained
pursuant hereto,other than as authorized.
1.5 Individuals not to be contacted
The Municipality shall not contact any individual to whom the Information Products relate, directly
or indirectly other than as authorized.
1.6 Document Destruction
The Municipality shall destroy the Information Products and any copies or portions thereof in its
possession within thirty(30)days following completion or fulfilment of the authorized use as set out
in Article 1.3 herein.
1.7 Survival
The Municipality further warrants that such forbearance from use of Information Products shall be
binding upon its successors. This Article shall survive the expiry or termination of this Agreement.
1.8 Applicability of Agreement
This Agreement shall only apply to parking infraction notices and certificates prescribed by Part II of
the Provincial Offences Act or the regulations made thereunder that were issued by the Municipality
on or after July 1, 1998. This Agreement shall not affect or supersede existing agreements or
arrangements between the Ministry and the Municipality with respect to the licensing of driver and
vehicle records that are not subject to this Agreement.
2.0 Terms
2.1 Terms and Renewal
The term of this Agreement shall be for an Initial Term of 12 months,from the first day of July, 1998
to the thirtieth day of June, 1999, and, thereafter, shall automatically be renewed for an additional
term of 12 months following the Initial Term upon the same terms and conditions as set out herein,
unless either party provides written notice not less than thirty(30)days prior to the expiration of the
Initial Term or any subsequent 12 month term,of its intention to terminate the Agreement.
2.2 Early Termination
Despite Article 2.1 herein,this Agreement may be terminated by either party giving to the other party
thirty(30)days written notice of termination.
2.3 Conflict with Privacy Laws
This Agreement is subject to any restrictions,limitations or provisions enacted by the Ministry or the
Province of Ontario, which may affect any of the provisions or terms set forth herein, including the
right to limit the information included in the Information Products, in any manner. In addition, the
Ministry shall have the right to cancel this Agreement forthwith,in the event of specific conflict with
the provision of any legislation or regulation affecting freedom of information, or protection of
privacy.
3.0 Transmission of Information Products
3.1 Transmission of Information Products
The Ministry shall transmit Information Products to the Municipality in the manner prescribed in
Schedule "A", and such transmission shall be subject to any conditions prescribed therein. Schedule
"A"is incorporated into,forms a part of and is subject to the terms and conditions of this Agreement.
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4.0 Fees & Charges
4.1 Payment of Amounts
(1) The Municipality shall pay the Ministry the following amounts for accessing the Ministry's
Information Products:
(a) $8.25 of every allowance of $11 that the Municipality receives for each notice of
impending conviction that the Municipality issues where a conviction is subsequently
obtained under subsection 18.2(6) of the Provincial Offences Act (the allowance is
authorized by subsections 12(1),(3),O.Reg.949 made under the Provincial Offences Act);
(b) subject to clause (2) herein, $8.25 of every allowance of$9.00 that the Municipality
receives for each fine that it collects in connection with a conviction under section 18.4 of
the Provincial Offences Act (deemed not to dispute charge due to failure to appear at the
time and place appointed for the hearing)(the allowance is authorized by subsection 12.1(1),
O.Reg.949 made under the Provincial Offences Act).
(2) Where the Municipality receives an allowance of less than $9.00 as authorized by subsection
12.1(1)of O.Reg. 949,it shall not remit the amount specified in clause(b),but instead it shall remit
to the Ministry any amount it receives in excess of$0.75,up to the amount of$8.25.
4.2 Method and Timing of Payment
Subject to Article 4.3 herein, the Municipality shall remit a payment by cheque which shall be
received by the Ministry on or before the fifteenth day of each month for the amount prescribed in
Article 4.1 herein. The payment that is remitted to the Ministry shall be the amount owing to the
Ministry from the previous calendar month.
4.3 First Payment
The Municipality shall remit the first payment(s)by cheque to the Ministry which shall be received
by the Ministry within(30)days after the date of execution of this agreement,and shall contain data
corresponding to the period(s)July 1, 1998 to March 31, 1999 and from April 1, 1999 to March 31,
2000, respectively subsequent annual reports shall be remitted to, and shall be received by the
Ministry on or before April 15 for each year that the agreement is in effect,and shall contain the data
corresponding to the previous fiscal year (defined as from April 1 to March 31). Each report shall
include a payment in the amount prescribed under Article 4.1 herein. The payment that is remitted
shall be the amount owing to the Ministry that was incurred for the period of each corresponding
report.
4.4 _Payment Information
Any payments owing to the Ministry under this Agreement or the Schedules made hereunder shall be
made payable to the Minister of Finance/MTO. All payments and any reports that are required to be
sent to the Ministry under this Agreement or the Schedules made thereunder shall be sent to:
Ministry of Transportation
Licensing Administration Office
Attention:Supervisor,Data Access&Control Unit
2680 Keele St.,East Building
Downsview ON M3M 3E6
5.0 Records and Reporting
5.1 Monthly Report
The Municipality shall duly complete and remit to the Ministry a monthly report which is contained
in Schedule "B", which forms part of, is incorporated into, and made a part of this Agreement. The
signature of the Treasurer or Chief Financial Officer of the Municipality shall be affixed to the
monthly report. The monthly report shall be remitted to and received by the Ministry within fifteen
days after the end of each calendar month to which the monthly report corresponds, except that no
monthly reports shall be required to be remitted to the Ministry for the months of July,August, and
September 1998. Where the Municipality owes the Ministry payment under Article 4.1 herein,the
monthly report shall be remitted along with the payment that is owing to the Ministry. Where no
payment is owing to the Ministry under Article 4.1 herein, the monthly report that is remitted shall
indicate as such.
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5.2 Annual Report
The Municipality shall duly complete and remit to the Ministry an annual report as prescribed in
Schedule "C",which is incorporated into, forms a part of, and is subject to the terms and conditions
of this Agreement. The first annual report shall be remitted to, and received by the Ministry on or
before April 15, 1999,and shall contain data corresponding to the period from July 1, 1998,to March
31, 1999. Subsequent annual reports shall be remitted to, and received by the Ministry on or before
April 15 for each year that the Agreement is in effect, and shall contain data corresponding to the
previous fiscal year(defined as from April 1 to March 31).
5.3 Ministry Reports
(1)The Ministry shall duly complete and send an annual report to the Municipality as prescribed in
Schedule "D",which is incorporated into, forms part of and is subject to the terms and conditions of
this Agreement. The report shall be remitted and received by the Municipality on or before May 0
of each year that the Agreement is in effect,and the data contained in each report shall correspond to
the previous fiscal year(defined as from April 1 to March 31),except for the first annual report which
shall correspond to the period from July 1, 1998,to March 31, 1999.
(2)The Ministry shall duly complete and send a report to the Municipality on or before the end of
the Initial Term of the Agreement which shall monitor the performance of the subject matter
prescribed by this Agreement.
5.4 Records
The Ministry and the Municipality shall produce and maintain written records, which shall be
sufficient to enable both parties to produce the reports that are prescribed in Schedules "B", "C" and
"W.
5.5 Records Custodian
Each party shall designate as provided below in writing one or more individuals with appropriate
authority as the persons responsible for the compilation and custody of the written records prescribed
in Article 5.4 herein. Any such authorized person shall be competent to certify the accuracy and
completeness of the written records that the Ministry, or the Municipality, as the case may be, is
required to maintain and produce.
The Ministry:
(Title) Supervisor,Data Access&Control
(Telephone Number) (416)235-4731
The Municipality:
(Title) Patti L. Barrie, Municipal Clerk
(Telephone Number) (905) 623 - 3379 , Ext. 254
5.6 Conflict
In the event of a conflict between the information contained in the records or reports produced and
maintained by the Municipality, and the information contained in the records or reports produced
and maintained by the Ministry, the parties shall resolve the conflict in the manner prescribed by
Article 9.10 herein.
5.7 Account Number
The Ministry shall assign a unique account number to the Municipality and the Municipality shall
use this account number solely for the purpose of identifying itself to the Ministry pursuant to this
Agreement, including when accessing and obtaining Information Products. The unique account
number shall only be used as authorized by the Ministry.
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6.0. Security and Audit
6.1 Security
(a) The Municipality shall maintain the security and integrity of the information and
Information Products which it receives, and it shall comply with such security requirements
as are from time to time specified by the Ministry,which includes keeping the information
and Information Products in a physically secure location to which access is restricted.
(b) The Municipality is responsible for the selection, implementation, and maintenance of
appropriate security products, tools, and procedures sufficient to meet Ministry
requirements for protecting Information Products from improper access, loss, alteration, or
destruction.The Municipality is responsible for implementing tests,as may be necessary,to
establish and monitor its own security products, tools, and procedures and to assess their
adequacy.
(c) The Municipality warrants that it shall restrict employee access to the information it
receives pursuant to this Agreement by requiring all employees who shall have access to
such information to enter into and comply with an Employer/Employee Security Statement
("Security Statement") which is contained in Schedule "E" and which is incorporated into,
made a part of, and subject to the terms and conditions of this Agreement. The Security
Statement shall bind the Municipality and all employees to the terms and conditions set out
therein. The Municipality acknowledges and agrees that it shall be solely responsible for
any failure on its part to bind an employee and to ensure his or her compliance with the
Security Statement and it shall indemnify the Ministry for any losses or damages which
occur as a result of its failure to bind an employee and to ensure his or her compliance with
the Security Statement. The Municipality shall be required to maintain a copy of all
Security Statements that it has entered into for a period of three(3)years from the date when
the employee ceases to be an employee of the Municipality.
(d) Subject to the authorized use as set out in Article 1.3 herein, any duplication of address
information shall be placed so that the information cannot be viewed by the public and/or
non-authorized persons.
(e) If the Municipality is approved to receive residential addresses,the Municipality may only
disclose residential address information subject to the provisions of the Municipal Freedom
of Information and Protection of Privacy Act (R.S.O 1990, c.M56), as may be amended
from time to time.
6.2 Audit
The Municipality shall accommodate electronic or manual audits of the Municipality at the
discretion of the Ministry and on one (1)business day's notice. The Municipality agrees to allow
on-site audits by the Ministry during regular business hours. All records created by,or as a result of
this Agreement shall be subject to inspection and audit by the Ministry for a period of three(3)years
from the date they are created.
7.0 Default
7.1 Default
In the event of the default of any of the terms and conditions in this Agreement by the Municipality
whether by omission or commission, or if an event of default under Article 7.2 herein occurs, the
Ministry at its discretion, may suspend, cancel or revoke the privileges of the Municipality
hereunder, forthwith upon delivery of notice in writing to that effect. The Ministry may pursue
appropriate administrative,civil and/or criminal remedies for default of the Agreement provisions.
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7.2 Events of Default
Default events include,but are not limited to,the following:
(a) the Municipality is merged with or annexed by another municipality;
(b) the Municipality has submitted false or misleading information to the Ministry or makes a
false representation in this Agreement;
(c) there is a change in legislation or regulations which affects the terms and conditions of this
agreement;
(d) the Municipality fails to meet a term or condition of this Agreement;or
(e) the Municipality has distributed restricted or confidential information to any person for a
reason not authorized herein.
7.3 Surrender of Information Products
Whenever the Municipality account is suspended, cancelled or revoked or upon termination of this
Agreement, the Municipality shall, at the request of the Ministry, surrender to the Ministry all
Information Products and any copies or portions thereof in its possession and all records retained in
respect thereof, except those copies required to fulfil its obligations as set out in Article 9.7 herein,
not later than the end of the third business day after the date of suspension, revocation, closure,
cancellation, expiry or termination as the case may be. The Municipality shall continue to remain
bound by the non-disclosure provisions hereof which shall survive termination of this Agreement and
shall remain in full force and effect.
8.0 Certification of Records
8.1 Certification by Registrar
The Municipality shall only request that Information Products be certified by the Ministry(Registrar
of Motor Vehicles) when either the Municipality is required to do so for the purpose of legal
proceedings or for some other purpose required by law.
8.2 Transmission of Certified Information Products
The Ministry shall transmit to the Municipality all Information Products which it has certified in
paper format. Despite Schedule "A" of this Agreement, the Ministry shall transmit to the
Municipality all certified Information Products by mail or as otherwise agreed between the Parties.
9.0 General
9.1 Independent Contractor
The Municipality and its officers, agents and employees shall act on behalf of the Municipality and
are not officers,agents or employees of the Ministry.
9.2 Indemnity
The Municipality agrees to defend,indemnify and hold harmless the Ministry and its officers,agents
and employees from any and all,actions,damages or losses which may be brought or alleged against
the Ministry,its officers,agents or employees by reason of the negligent, improper, or unauthorized
use or dissemination by the Municipality or its officers, agents, or employees, of Information
Products fiunished to the Municipality by the Ministry, or by reason of inaccurate or out-of-date
information contained in Information Products fizrnished to the Municipality by the Ministry. This
indemnification shall survive the expiry or termination of this Agreement.
9.3 Limitation of Liability
The Ministry makes no warranty, express or implied, with respect to the Information Products, the
accuracy or completeness of information contained therein, or that they shall be fit for any purpose.
In no event will the Ministry be liable for damages,including any loss of profits or other incidental or
consequential damages, arising out of the Municipality's use of, or inability to use the Information
Products, or delays by the Ministry, or from failure to supply Information Products, or from
inaccurate or out-of-date information contained therein. This Article shall survive the expiry or
termination of this Agreement.
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9.4 Force Majeure
Neither party shall be liable for delay or failure in performance resulting from acts beyond the control
of that party, including but not limited to: acts of God, acts of war, fires, floods or other disasters,
strikes, walkouts, communication line or power failure, or failure, inoperability or destruction of
computer hardware, software or firmware (unless by reason of the negligence of a party to this
Agreement).
9.5 Advertising
Any promotional or informational material related to the Municipality's access to the Ministry's
Information Products shall be accurate and shall be consistent with the terms and provisions of the
Agreement and application, and shall contain only factual statements relating to the purpose and
conditions of access as set forth in this Agreement. The Ministry's name and logo shall not be used
without the prior written consent of the Ministry.
9.6 Enforceability
The parties agree that, as between them, each Information Product request received by the Ministry
shall be deemed to constitute a memorandum in writing, signed and delivered by or on behalf of the
Municipality thereof for the purposes of any statute or rule of law that requires a contract to be
evidenced by a written memorandum to be signed and/or delivered. Each party acknowledges that in
any legal proceedings between them respecting or in any way related to an Information Product, it
hereby expressly waives any right to raise any defence of waiver of liability based upon the absence of
a memorandum in writing or of a signature.
9.7 Evidence
Any computer printout made pursuant to this Agreement shall be considered to be an"original"when
maintained in the normal course of business and shall be acceptable by both parties to the same extent
and under the same conditions as other business records maintained in documentary form Each party
agrees that any written records required to be kept by either party pursuant to this Agreement shall be
admissible in any legal, administrative or other proceedings as prima facie evidence of the accuracy
and completeness of their contents in the same manner as an original document in writing. The
parties hereby waive any right to object to the introduction of a duly certified permanent copy of such
records in evidence.
9.8 Non-Assignability
This Agreement is not assignable by the Municipality, either in whole or in part, without the prior
written consent of the Ministry.
9.9 Notification of Breach
The Municipality shall notify the Ministry in writing immediately upon becoming aware that any of
the provisions set out in this Agreement have been breached.
9.10 Objection Procedure
The parties hereby agree to utilize the following escalation procedure to resolve any issues, disputes
or claims which may arise prior to resorting to any arbitration of legal remedies.
In the event of a dispute arising out of or in connection with this Agreement, the parties' contact
person shall initially attempt to settle the dispute. If they are unable to do so within two (2)weeks,
they shall refer the dispute to their respective senior management who shall have a further two (2)
weeks to negotiate the resolution. Failing such resolution, the matter shall be referred to a single
mediator mutually agreeable to both parties. Any decision of such mediator shall be a
recommendation for resolution of the dispute but shall not be binding on a party without its consent.
9.11 Notices
Except where otherwise specified herein, any notification to be given under the provisions of this
Agreement shall be in writing and shall be given by personal delivery,or sent by electronic facsimile,
or mailed by a prepaid registered mail or delivered by courier service. The Municipality shall notify
the Ministry within ten(10) working days of any change of address or contact person. Subject to
change by either party with written notice,notices shall be addressed as follows:
To the Ministry: Licensing Administration Office
Ministry of Transportation
2680 Keele Street
Main Floor,East Building
Downsview ON M3M 3E6
Attention:
Co-ordinator
Business Information Services
Tel: (416)235-4832
Fax: (416)235-4465
To the Municipality:
Municipality of Clarington
40 Temperance Street
Bowmanville ON L1C 3A6
Attention: Len Creamer
_Sr. Municipal Law Enforcement Officer
Tel: (905) 623 - 3379, Ext. 325
Fax: (905) 623 - 6506
Notices shall be deemed to have been effectively given on the date of personal delivery, the date of
electronic facsimile transmission or the date of delivery by courier service,or in the case of service by
registered mail five(5)days after the date of mailing.
9.12 Waiver
Failure of the Ministry to complain of any act or failure to act of the Municipality, or to
declare the Municipality in default, shall not constitute a waiver by the Ministry of its
rights under this Agreement. No waiver of any rights under this Agreement shall be
effective unless in writing,duly executed by the Ministry.
9.13 Entire Agreement
This Agreement,including the Authorized Requester Application and all Schedules attached
hereto, constitutes the entire agreement and understanding of the parties relating to the
subject matter hereof and supersedes all prior understandings, discussions, negotiations,
commitments, representations, warranties and agreements, written or oral, express or
implied, between them. None of the parties shall be bound by any definition, condition,
warranty or representation other than as expressly stated in this Agreement. Except as
expressly provided herein, this Agreement may be amended or modified only by an
instrument in writing executed by each of the parties.
9.14 Survival of Provisions
Each provision of this Agreement which, in order to give effect thereto, is required to
survive termination of this Agreement,shall do so and shall continue in full force and effect
until indicated in writing by the Ministry.
9.15 Jurisdiction of Contract
A contract created pursuant to this Agreement shall be deemed to have been formed in the
Province of Ontario and the rights and obligations of the parties to such contract shall be
governed by the laws in force in Ontario.
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9.16 Interpretation
(a) Headings are not to be considered part of this Agreement, and are included solely for
convenience and are not intended to be full or accurate descriptions of the content of
the paragraph.
(b) In this Agreement, words importing the singular number include the plural and vice
versa,words importing the masculine gender include the feminine and neuter genders;
words importing persons include individuals, sole proprietors, corporations,
partnerships,trust and unincorporated associations.
IN WITNESS WHEREOF,each of the parties hereto have executed this Agreement.
Ministry of Transportation Official
Director,Licensing and Control Date
Municipality of Clarington
Name ohn utton Date
Title Ma or
Na a Pa i L. arrie Date"
Title Municipal Clerk
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SCHEDULE W: TRANSMISSION OF INFORMATION PRODUCTS
A.1 Transmission of Information Products
The Municipality shall indicate by affixing the signature of an official which is authorized to bind the
Municipality in the space provided herein by which means of transmission the Municipality shall request and
receive Information Products.The Municipality shall only be able to request and receive Information Products
by one means of transmission as prescribed herein. Once the Municipality elects to request and receive
Information Products by one means of transmission, it shall not be eligible to request and receive Information
Products by another means of transmission unless it has received the approval of the Ministry.
ELECTRONIC DATA TRANSMISSION (EDT)
A.2 Telecommunications Link
The Municipality shall electronically access the Ministry's Information Products through a
telecommunications link to be established between the Municipality's computer and EDT.
A.3 Effect of Electronic Requests
The Ministry shall accept the electronic requests for Information Products and shall respond with Information
Products. The parties agree that any requests for Information Products made under this Agreement shall be
equivalent in effect, in contract and at law, to a request otherwise made on paper medium or otherwise, and
transmitted,all in accordance with this Agreement.
A.4 EDT and Mailbox
The Municipality shall obtain, install and test at its own expense all the computer equipment, supporting
equipment software and services, including communications and mailbox services ("Mailbox") that it shall
require in order to send and to receive electronic documents,as contemplated by this Agreement,through EDT.
A.5 Receipt and Acknowledgement
The Ministry is hereby deemed to have received the requests for Information Products when the request is
received by the Ministry at its Mailbox. No request for Information Products or any other document shall be
of any legal effect until it is received. The Municipality is hereby entitled to an acknowledgement of receipt
from the Ministry and reasonable efforts to assist when failed communication is detected.
A.6 Connectivity Costs
The Municipality shall pay to the Ministry all costs associated with use of EDT for electronic access to
Information Products in the manner and at the time prescribed by the Ministry. The connectivity costs shall
include a one time set up fee of $250.00 for a Personal Computer (PC) connection or $1,100.00 for a
mainframe connection. In addition,there shall be recurring and usage charges for all hardware, software, and
services required to connect to and use EDT. No connectivity costs shall be payable to the Ministry if the
Municipality is already able to access Information Products from the Ministry by EDT.
A.7 Contract Terms and Conditions
A contract shall be formed between the parties as a result of receipt via the EDT of the request for Information
Products and such contract shall contain the information set out in the request for Information Products and
shall incorporate and be subject to the terms and conditions of this Agreement.
A.8 Data Processing
The Municipality agrees to maintain control of the requests for and receipt of the Information Products from
its head office. From this head office, the Municipality also agrees to maintain control over all activities
related to the authorized use set out in Article 1.3 herein,at all times during the term of this agreement.
A.9 EDT Support
Each of the parties hereto shall:
• designate herein a service co-ordinator who shall be responsible for all issues and communications with the
other related to EDT;
•designate herein a technical advisor who shall be the primary contact for technical communications with the
other related to EDT;
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•inform the other of the names of their service co-ordinator and technical advisor in the space provided herein
before any requests for Information Products are made as authorized by this Agreement;and
• promptly inform the other when another individual is assigned to either of these positions.
Additional support personnel may be designated by mutual agreement.
A.10 Authorization
Each party shall establish such systems or methods of controlling the transmission of its documents as it
considers appropriate,and warrants that each document of which it is the sender is duly authorized and binding
upon it.
A.11 Incomplete,Inaccurate or Corrupted Requests for Information Products via EDT
If the Ministry reasonably suspects that a request for Information Products via EDT is incomplete, inaccurate,
corrupted in transmission,or not intended for it,it shall not respond to the request,pending further clarification
by the Municipality. The Municipality shall promptly re-transmit the request to access and obtain the
Information Product or take such other corrective actions as may reasonably be required in the circumstance.
All communications initiated pursuant to this Article are at the expense of the Municipality.
A.12 Security
The Municipality shall ensure that each employee, representative, or agent has a user identification number
(called a "USERID") and a security code to make requests for and receive Information Products under this
Agreement. Requests for Information Products which contain a USERID and a security code shall be legally
sufficient to verify the identity of the Municipality and the authenticity of the request. The Municipality shall
maintain security procedures to prevent unauthorized use of disclosure of USERID's.
A.13 EDT Failure
If requests for Information Products or Information Products cannot be sent by EDT because of some failure,
both parties agree to attempt to continue normal communications by alternate means and to restore the EDT
transmissions promptly.
A.14 Access
Under normal conditions,it is anticipated that EDT may be accessed 24 hours per day,7 days per week.
A.15 EDT-Immediate:
Subject to Article A.16 and A.17 herein,it is estimated that 90%of requests for Information Products shall be
processed and transmitted to the Municipality within 15 seconds of receiving the request for Information
Products from the Municipality.
A.16 EDT-Immediate Batch:
An Immediate Batch Transaction means between 2 and 100 requests for Information Products contained in one
batch transaction that is received by the Ministry. It is expected, but not guaranteed, that 90% of Immediate
Batch Transactions shall be processed and transmitted to the Municipality within 1 hour of receiving the
request from the Municipality.
A.17 EDT-Over Night Batch:
An Over Night Batch Transaction means more than 100 requests for Information Products contained in one
batch transaction that is received by the Ministry. It is expected, but not guaranteed, that Over Night Batch
Transactions shall be processed and transmitted to the Municipality the following business day from the day
that they are received by the Ministry.
Electronic Data Transfer Analysts-EDT Help Desk
EDT Technical Advisor(Ministry)Telephone number:(416)235-1366 or 1-800-461-5538
Coordinator,Business Information Services
EDT Service Coordinator(Ministry) Telephone number: (416)235-4832
Robert VanDyk
EDT Technical Advisor(Municipality) Telephone Number: (905 ) 623 - 3379, Ext. 362
Robert VanDvk
EDT Service Coordinator(Municipality) Telephone number: (905 ) 623 - 3379, Ext. 362
- 12-
The Municipality requests that Information Products be transmitted by Electronic
Data Transmission (EDT) and agrees to be bound by the terms and conditions
prescribed hereof.
Name John Mutton Name P ti L Barrie
Title Mayor
Ti le ci Clerk
Date Date I —
MAGNETIC TAPE OR DISKETTE
A.18 Magnetic Tape or Diskette
The Municipality shall access the Ministry's Information Products by submitting a magnetic tape or diskette
to the Ministry in the format prescribed by the Ministry.
A.19 Provision of Information Products
Upon receipt of the magnetic tape or diskette, the Ministry shall provide Information Products to the
Municipality on the magnetic tape or diskette.
The Municipality requests that Information Products be transmitted by Magnetic
Tape or Diskette and agrees to be bound by the terms d co ditions prescribed
hereof.
Name (John Mutton ame ti Barrie
Title Mayor Title Municipal Clerk
Date I Date
PAPER FORMAT
A.20 Written Request
The Municipality shall access the Ministry's Information Products by submitting a written request to the
Ministry by fax or by mail.
A.21 Provision of Information Products
Upon receipt of the written request, the Ministry shall provide Information Products to the Municipality by
printing the Information Products onto paper,and transmitting the Information Products by mail
The Municipality requests that Information Products be trans ' e ' Paper Format
and agr e o be bound by the terms and conditions prescrib he eo
Na John Mutton ame P L. arrie
Title Mayor Title Municipal Clerk
Date Date
- 13-
SCHEDULE "B":MONTHLY REPORT
SCHEDULE "B" - MONTHLY REPORT"B" - MONTHLY
Municipality Monthly Court Cost Payment Report to Ministry of TransportationMunicipality Monthly Court Cost Payment Report t
Ministry of Transportation
Municipality Municipality
Reporting Period (vvvv/mm/dd) to (vvvv/mm/dd)
Customer(POA)A/C No.
Payment Categories No.of Fully Paid Tickets Issued unicip lity ervi Fe Tol al Amoqnt R4Wtted to Ministry
"Deemed Not to Dispute" (Article 4.1 (1)b of the (1) (2)'
Authorized Requester Agreement)
"Fail to Respond" (payment received after Notice of (4) (5) (6)
Fine and Due Date but before plate denial) This is$. 5 times box(4) This is$8.25 times box(4)
(Article 4.1 (1)a of the Authorized Reque r
Agreement)
"Fail to Respond" eceive after ate nial) ) (23) (9)
(Article 4.1(1) of the Autt>or ed er This is$. 5 tinges; ox(7) This is$8.25 times box(7)
Agreement
'ritals: 0) (11) (12)
Conditions•
Amnnnt of Chponp affarhpd !camp h
Please make cheques payable to Minister of Finance/Ministry
(Cheque No. slue ate ) of Transportation.
These cost payments are collected by the municipalities and
fowarded to the Ministry of Transportation under the
authority of POA Regulations 945 and 949 and the
Government Authorized Requester Agreement between the
municinality and Ministry of Transnortation.
Signature of Treasurer or Chief Financial Officerof Treasurer or Chief
Financial Officer Ministry of Transportation
Licensing Administration Office
Attn:Supervisor,Data Access&Control Unit
2680 Keele Street
Downsview ON M3M 3E6
1A
SCHEDULE "C" - ANNUAL REPORTSCHEDULE " n - ANNUAL REPORT
Annual Program Performance Statistics from Municipality to Ministry of Transportation
Annual Program Performance Statistics from Municinality to Minictry of Trancnnrtatinn
Reporting Period (vvvv/mm/dd) to (vvvv/mm/dd)
Name of municipality:
Customer A/C No:
Stages Data Requested Volulug
Parking Infraction Notices Issued Number of Parking Infraction Notices Issued'
Total Number Elected Trial 2
Number Attended
Number Failed to Show Up
Number Paid Prior to NIC
Notice of Impending Conviction(NIC) Number of NIC Issued 1 -7
Number of Tickets Paid After NIC Issued
Notice of Fine and Due Date(NFDD) Number of NFDD Issued
Number of Tickets Paid After NFDD ,ued b' efbre'Plate Denii 1
Total Amount Paid After NF I ued but Before Pl% e Denial(S)
Plate Denial Number of Tickets R ulting in late Menial
Numb ickets Pa d w/Plate Reirm gal
oral Amount aid w Plate Rcn wal( )
Total Amount utst ding at P1 ite DeT ial S)
Outstanding m er of Tickets Re xiving'P ial P yment
N ber of out tandir g Tickets Due to Extension
VM er of Out, andi g`Pickets Due to thcr ons
Sto ped/ca'celled VNiber er of Tic is St peed r`{:' celled
Re opening of Tick is of opening
nJP��P cPn t...•
Minictry of Trancnnrtatinn
t,icensine Administration Office
Attn:Sunervisor.Data Access&Control t Jnit
2690 Keele Street
Downsview ON M3M 3E6
I
t For the first annual report (1998/99) , this represents number of tickets issued from July 1, 1998 to March 31, 1999. Subsequent years are from April 1
till March 31.
2 Data required for this row and below will be referring to all tickets issued from July 1, 1998 onwards till the end of the reporting year.
u
L
SCHEDULE D - MINISTRY REPORT
SCHEDULE D - MINISTRY REPORT
Annual Report from Ministry of Transportation to Municipality
Reporting Period (vvvv/mm/dd) to
Name of municipality:
Customer A/C No:
Month Total Amount Remitted to Ministry from Number Of Plate Enquiries Requested By The Municivalty
Municipality Pursuant to Agreement
Certified Uncertified
April
May
June
July
August
September
October
November
Decemb
Ja oary
Fe ruary
March
Yea v Totals
- 16-
SCHEDULE "E"
Government Requester Employer\Employee Security Statement
Employee Name:
Division:
Position #:
Municipality of Clarington, hereinafter referred to as the Municipality, is
authorized to receive confidential and personal information from data bases
administered by the Ontario Ministry of Transportation (hereinafter referred to as
the Ministry). The Municipality and the Ministry are committed to protect this
information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees'/agents' responsibilities for handling and
protecting this information.
1. As an employee of the Municipality,you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
file or database for personal reasons. (Examples of inappropriate access or
misuse of information include,but are not limited to: making inquiries for
personal use or processing transactions on your own records or those of your
friends or relatives; accessing information about another person, including
locating their residence address,for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.)
2. You may disclose information from a Ministry database or file only to
individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
I have read and I understand the security policies stated above, and will comply
with them and any other security policies issued in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in
disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
Signature of Employee Date
Witnessed By Date
- 16-
i
SCHEDULE "E"
Government Requester EmployerlEmployee Security Statement
Employee Name:
Division: 16
cF/yJ �vT
Position #:
Municipality of Clarington, hereinafter referred to as the Municipality, is
authorized to receive confidential and personal information from data bases
administered by the Ontario Ministry of Transportation (hereinafter referred to as
the Ministry). The Municipality and the Ministry are committed to protect this
information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees'/agents' responsibilities for handling and
protecting this information.
1. As an employee of the Municipality,you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
file or database for personal reasons. les of ina Exam
( p ppropriate access or
misuse of information include, but are not limited to: making inquiries for
personal use or processing transactions on your own records or those of your
friends or relatives; accessing information about another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.) !�
2. You may disclose information from a Ministry database or file only to
individuals who have been authorized to receive it through appropriate
j procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
I
I
I have read and I understand the security policies stated above, and will comply
Iwith them and any other security policies issued in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in !
disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
low
i
i
�S
Signature of Employee
Date !
i ne
1 I
I
- 16-
SCHEDULE "E"
Government Requester EmployerlEmployee Security Statement
Employee Name: %�r�.�
Division:
Position #:
Municipality of Clarington, hereinafter referred to as the Municipality, is
authorized to receive confidential and personal information from data bases
administered by the Ontario Ministry of Transportation (hereinafter referred to as
the Ministry). The Municipality and the Ministry are committed to protect this
information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees'/agents' responsibilities for handling and
protecting this information.
1. As an employee of the Municipality, you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
file or database for personal reasons. (Examples of inappropriate access or
misuse of information include, but are not limited to: making inquiries for
personal use or processing transactions on your own records or those of your
friends or relatives; accessing information about another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.)
2. You may disclose information from a Ministry database or file only to
individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
I have read and I understand the security policies stated above, and will comply
with them and any other security policies issued in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in
disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
Signature of Employee
Date Jel
Witness 5 By Date
i
- 16- i
SCHEDULE "E"
Government Requester Employer\Employee Security Statement
Employee Name:
Division: ZdZ C
Position #:I;�,,,,6 ;�
Municipality of Clarington, hereinafter referred to as the Municipality, is
authorized to receive confidential and personal information from data bases
administered by the Ontario Ministry of Transportation (hereinafter referred to as
the Ministry). The Municipality and the Ministry are committed to protect this
information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees'/agents' responsibilities for handling and
protecting this information.
1. As an employee of the Municipality, you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
file or database for personal reasons. (Examples of inappropriate access or
misuse of information include, but are not limited to: making inquiries for
'i personal use or processing transactions on your own records or those of your
friends or relatives; accessing information about another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.
2. You may disclose information from a Ministry database or file only to
individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
i
I have read and I understand the security policies stated above, and will comply
with them and any other security policies issued in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in
disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
/J'0-
it
Signature of Employee Dat
- i
Witnessed By Date
'i
I
- 16-
SCHEDULE "E"
Government Requester EmployerlEmployee Security Statement
Employee Name: '9iNGUy
Division: �iuft'�iPCNi�f
Position #: �40
Municipality of Clarington, hereinafter referred to as the Municipality, is
authorized to receive confidential and personal information from data bases
administered by the Ontario Ministry of Transportation (hereinafter referred to as
the Ministry). The Municipality and the Ministry are committed to protect this
information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees'/agents' responsibilities for handling and
protecting this information.
r
I. As an employee of the Municipality,you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
i
file or database for personal reasons. (Examples of inappropriate access or
misuse of information include, but are not limited to: making inquiries for
li personal use or processing transactions on your own records or those of your
i friends or relatives; accessing information about another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.)
i
2. You may disclose information from a Ministry database or file only to
individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
I have read and I understand the security policies stated above, and will comply
with them and any other security policies issued in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in
disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
�i
3re of Empl O
ate
i
i
s
Witness By Date
i
j
i
{
i
i
- 16-
{
SCHEDULE "E"
Government Requester EmployerlEmployee Security Statement
Employee Name:
Division:
Position #:
Municipality of Clarington, hereinafter referred to as the Municipality, is
authorized to receive confidential and personal information from data bases
administered by the Ontario Ministry of Transportation (hereinafter referred to as
the Ministry). The Municipality and the Ministry are committed to protect this
information from unauthorized access, use or disclosure. The following policies
have been adopted to address employees'/agents' responsibilities for handling and
protecting this information.
1. As an employee of the Municipality, you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
file or database for personal reasons. (Examples of inappropriate access or
misuse of information include, but are not limited to: making inquiries for
personal use or processing transactions on your own records or those of your
friends or relatives; accessing information about another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.)
i
2. You may disclose information from a Ministry database or rile only to
individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
I have read and I understand the security policies stated above, and will comp
with them and any other security policies issued P y
t3'P ed in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in
disciplinary action and/or civil or criminal prosecution in accordance with
j app • able statut s.
Sig t f Employee Da e
� I
By Date j
Licensing Administration Office
Main Floor, A Building
2680 Keele Street
Downsview ON M3M 3E6
September 15, 2005
Dear Client:
RE: AUTHORIZED REQUESTER AGREEMENT
Enclosed is an executed copy of your Authorized Requester Agreement.
The Authorized Requester Account Number you have been assigned is 03447.
Please keep this number for your records and include it on any correspondence.
The account and user profiles you requested have been reviewed and set up accordingly and the
users may now place orders. Use your own personal passwords to access the system
If you need additional information, please contact the Business Information Services Unit at
(416) 246-7112 or 1-800-769-2419, option 1.
Sincere' ,
i
eter Hannigan
EDT Analyst
Business Information Services Unit
A 7
i
AUTHORIZED REQUESTER
AGREEMENT
(MUNICIPAL PARKING TAG PROGRAM)
BETWEEN
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO, as represented by the
Minister of Transportation
AND
Corporation of the Municipality of
Clarington
r
AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made as of the 6th day of September, 2005 (the"Effective Date").
BETWEEN:
HER MAJESTY THE QUEEN in right of Ontario, as represented
by the Minister of Transportation
("MTO")
-and-
Corporation of the Municipality of Clarington
(the"Municipality").
WHEREAS:
A. MTO maintains computer databases containing information pertaining to driver, vehicle
and motor carrier records;
B. The Municipality requires access to such information for the purpose of commencing
legal proceedings against registered licence plate holders who have committed parking
infractions under Part II of the Provincial Offences Act(Ontario), and/or in contravention
of a municipal parking by-law; and
C. MTO is prepared to permit the Municipality to obtain such access, subject to the
provisions of this Agreement.
NOW THEREFORE MTO and the Municipality agree as follows:
ARTICLE 1
DEFINITIONS AND SCHEDULES
1.1 Definitions.
In this Authorized Requester Agreement, unless the context requires a different meaning, the
following terms shall have the following meanings:
"Agreement" means this agreement entitled "Authorized Requester Agreement", including the
attached Schedules, any documents or instruments incorporated by reference in this agreement,
and any amendments to any of the foregoing that may be agreed to in writing by MTO and the
Municipality or that are otherwise provided for in this agreement.
"Application" means the application, in the form approved by MTO, submitted by the
Requestor to become an Authorized Requester.
"ARIS" means the Authorized Requester Information System of MTO, which is an electronic
system used by MTO to receive Licensed Information Requests from Authorized Requesters, and
to send Licensed Information Responses to Authorized Requestors and to maintain client profiles,
as such system may be modified by MTO from time to time.
"Audit" and similar expressions mean the performance by, or on behalf of MTO, of such audits,
reviews, investigations, inspections, confirmations, certifications, tests, studies and
determinations of, or relating to, any matter or thing pertaining to this Agreement.
"Authorized Requester" means any person or other organization (including other
municipalities) to whom MTO has, pursuant to an agreement, granted a non-exclusive, non-
assignable and non-transferable licence to access and use the Licensed Information solely for
Authorized Uses.
f
- 2 -
"Authorized Staff'means:
(a) employees of the Municipality,and
(b) individual third party contractors (but not corporations, partnerships or other
legal entities)engaged by the Municipality to perform employee-like functions,
who need to access such Licensed Information or Passwords, in order for the Municipality to use
the Licensed Information for Authorized Uses in accordance with this Agreement, and who are
listed in Part A-2 of Schedule"A".
"Authorized Uses"has the meaning set out in section 4.1.
"Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public
service holiday observed in the Province of Ontario.
"Claims"means any claims, demands, actions, causes of action, suits or proceedings against, or
damages (including indirect, special, incidental, consequential or punitive damages), losses,
liabilities or obligations of MTO,or of MTO's employees,agents or contractors.
"Confidential Information"has the meaning set out in section 5.1.
"Contractor Security Agreement" means a privacy and confidentiality agreement between the
Municipality and Authorized Staff who are individual third party contractors engaged by the
Municipality,in the form specified by MTO.
"Damages" means losses, compensation, damages (including indirect, special, incidental,
consequential and punitive damages), expenditures, costs (including reasonable administrative
costs and reasonable legal fees and costs), expenses, interest, liabilities, judgements, awards,
taxes, fines,penalties, charges and amounts paid in settlement.
"Declaration"has the meaning set out in section 10.2.
"Delivery Channel" means the method or system by which a Licensed Information Request is
transmitted or delivered from the Municipality to MTO or by which a Licensed Information
Response is transmitted or delivered from MTO to the Municipality.
"Disclose" means directly or indirectly disclose, provide, distribute, exchange, sell, license,
lease, give, make available or permit access to or use of; and "Disclosed", "Disclosing" and
"Disclosure"have corresponding meanings.
"Driver, Vehicle and Carrier Databases" means the computer databases maintained by MTO
that contain the Licensed Information.
"Effective Date" means the effective date of this Agreement, as set out at the beginning of this
Agreement.
"Employee Security Statement" means a privacy and confidentiality statement in the form
attached as Schedule"B",as may be modified by MTO from time to time.
"Fees"means those fees set out in Schedule"C".
"FOIPPA" means the Freedom of Information and Protection of Privacy Act (Ontario), as
amended from time to time
"Fiscal Year"means a twelve(12)month period beginning on April 1 and ending on March 31 of
the following year.
"Government of Ontario" means Her Majesty the Queen in right of Ontario or any ministry,
agency, board, commission, department, corporation or other legal entity of or owned by the
Government of Ontario.
"Grant"has the meaning set out in section 2.1.
"Initial Term"has the meaning set out in section 3.1(a),
r .
- 3 -
"Licensed Information"has the meaning set out in Part A-1 of Schedule"A":
"Licensed Information Request" means one request for Licensed Information contained in
one collection of Licensed Information and pertaining to one driver, which request is in the
format stipulated by MTO from time to time, and which request is transmitted or delivered by
the Municipality to MTO using a Delivery Channel specified in Part A-1 of Schedule "A".
"Licensed Information Response" means the Licensed Information (or other response such as
"no information available") transmitted or delivered by MTO to the Municipality, using a
Delivery Channel specified in Part A-1 of Schedule"A",in response to a Licensed Information
Request.
"Licensed Personal Information" means any Licensed Information that is Personal
Information.
"MFOIPPA" means the Municipal Freedom of Information and Protection of Privacy Act
(Ontario), as amended from time to time.
"Non-disclosure Agreement" has the meaning set out in section 5.3(c).
"Password" means any password, key, code or identifier assigned to a user in connection with
making Licensed Information Requests or receiving or accessing Licensed Information Responses.
"Permitted Recipient" has the meaning set out in Part A-1 of Schedule "A".
"Personal Information"means personal information as defined in FOIPPA.
"Personal Information Records" means all Records of, or containing, Personal Information
that is Processed by the Municipality in connection with the performance by the Municipality of
the Municipality's obligations under this Agreement or the exercise by the Municipality of the
Municipality's rights under this Agreement.
"Privacy Default"means a breach of: (i) any Privacy Laws; or(ii) any of the provisions of this
Agreement relating to the Municipality's compliance with the Privacy Laws, including
Schedule "D"; or (iii) any other provision of this Agreement where such breach involves or
results in any Processing of(or failure to Process) Personal Information that is not strictly in
accordance with this Agreement.
"Privacy Laws"means (a)FOIPPA(b)MFOIPPA and(c)the provisions of any other law from
time to time that address any Processing of(or failure to Process)Personal Information.
"Process" means directly or indirectly create, access, collect, process, receive, hold, store, use
or Disclose; and"Processed" and"Processing"have corresponding meanings.
"POA"means the Provincial Offences Act(Ontario) as amended from time to time.
"Records" means the records of the Municipality in any format or medium, including any
"record"as defined in FOIPPA.
"Records Custodian"has the meaning set out in section 9.5.
"Supporting Document"means any of the documents which
(a) support or verify information contained in the Application (as such information
may subsequently have been changed in accordance with section 12.2 (a)); and
(b) are listed in Part A-1 of Schedule"A" .
"Term" means the Initial Term and any renewal(s) of this Agreement made in accordance with
section 3.1(b).
"Warranty" means any representation, warranty or condition, express, implied, collateral or
statutory.
-4 -
1.2 Schedules.
The following attached Schedules form part of this Agreement:
Schedule "A" Specifications (Part A-1 and Part A-2)
Schedule`B" Employee Security Statement
Schedule"C" Fee Schedule
Schedule"D" Audit,Inspection and Review
Schedule`B" Form of Monthly Report
Schedule"F" Form of Annual Report
Schedule"G" Form of MTO Report
ARTICLE 2
GRANT OF LICENCE
2.1 Grant.
Subject to the provisions of this Agreement, MTO hereby grants to the Municipality a non-
exclusive, non-assignable and non-transferable licence (the "Grant") to access and use the
Licensed Information solely for the Authorized Uses.
2.2 Title.
The Municipality acknowledges and agrees that MTO (or the Government of Ontario) is and
shall at all times remain the sole owner of all right, title and interest in the Licensed
Information, including all intellectual property rights (such as copyright) and other proprietary
rights and trade secrets. Accordingly,the Grant is not, and shall not be deemed to be, a transfer,
sale or disposition of any or all of MTO's right, title or interest of any kind in the Licensed
Information.
2.3 Changes in Licensed Information.
(a) Despite any other provision of this Agreement, the Municipality acknowledges
and agrees that MTO reserves the right in its absolute discretion to add to,
withdraw from, or change the content or structure of, or subject matter covered
by, or cease to make available, any or all of the Licensed Information at any
time.
(b) Upon implementation by MTO of any of the changes contemplated in section
2.3(a) above, all references to "Licensed Information" in this Agreement shall
be deemed to be amended to reflect such changes.
2.4 No Guarantees or Warranties
The Municipality acknowledges and agrees that MTO does not warrant or guarantee the
accuracy of the Licensed Information.
e
- 5 -
ARTICLE 3
TERM
3.1 Term.
Subject to the provisions of this Agreement:
(a) This Agreement shall be effective on the Effective Date and shall continue in
force for an initial term of twelve months(the"Initial Term").
(b) This Agreement shall be automatically renewed for subsequent terms of twelve
(12)months each,provided that:
(i) neither party provides to the other, at least thirty (30) days before the
expiry of the then current term, written notice of that party's intention
not to renew;
(ii) if requested by MTO, prior to such renewal the Municipality signs the
form of authorized requester agreement that MTO then requires to be
signed by Authorized Requesters;
(iii) the Municipality has updated the list of Authorized Staff contained in
Part A-1 and Part A-2 of Schedule "A" and has reviewed and
affirmed such list in accordance with section 8.1;
(iv) the Municipality has updated the information contained in the
Application and has reviewed and affirmed such information in
accordance with section 12.2; and
(v) prior to such renewal the Municipality has satisfied any other
conditions that may be stipulated by MTO for the renewal of the Grant
3.2 Early Termination.
This Agreement shall automatically terminate in the event that MTO ceases to make available
any Licensed Information to third parties outside of the Government of Ontario.
3.3 Termination Without Cause.
Notwithstanding any other provision of this Agreement, this Agreement may be terminated
without liability by either party giving to the other party thirty (30) calendar days prior written
notice of termination.
ARTICLE 4
AUTHORIZED USES
4.1 Authorized Uses.
The Municipality shall access and use the Licensed Information solely for the following uses
(the"Authorized Uses"):
(a) to send to registered licence plate holders notices that are prescribed by law where
a legal proceeding has been commenced by the Municipality against the
registered licence plate holder alleging that the registered licence plate holder has
committed an infraction against Part H of the Provincial Offence Act (Ontario)
and/or_a parking by-law enacted by the Municipality; and
(b) to have Licensed Information certified by MTO for legal proceedings where it is
alleged that the registered licence plate holder has committed an infraction against
a parking by-law enacted by the Municipality.
e r
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4.2 Changes to Authorized Uses.
Despite section 4.1, the Municipality acknowledges and agrees that MTO shall have the right
unilaterally to amend or delete any or all of the Authorized Uses at any time, effective upon
written notice to the Municipality setting out the applicable amendment(s)or deletion(s).
4.3 Informed Consent.
Despite section 4.1, if required by MTO, the Municipality shall, prior to requesting, accessing
or using any Licensed Information under this Agreement, obtain the informed consent of the
individual to whom the Licensed Information is referable.
4.4 Demonstration that Uses Authorized
Upon MTO's request from time to time, the Municipality shall reasonably demonstrate that the
Municipality's use of any particular Licensed Information (as specified by MTO) has been
strictly in accordance with this Agreement. For avoidance of doubt, any breach of the
requirements of this section 4.4 shall constitute a Privacy Default.
4.5 Data Matching and Data Profiling.
(a) Subject to the Authorized Uses, the Municipality shall not develop, or derive
for any purpose whatsoever, any other product, work or database in human-
readable or machine-readable form or otherwise, that incorporates, modifies, or
uses in any manner whatsoever, any Personal Information contained in, or
obtained from, the Licensed Information. This section shall not, however,
apply with respect to any specific Personal Information which the Municipality
had in its possession prior to receiving the Licensed Information.
(b) Subject to the Authorized Uses, the Municipality shall not place any data which
was not obtained under this Agreement, into a database containing Personal
Information obtained under this Agreement, other than as first authorized by
MTO in writing.
4.6 Individuals Not to be Contacted.
The Municipality shall not use the Licensed Information directly or indirectly to locate or
contact any individual to whom the Licensed Information is directly or indirectly referable,
other than as expressly stated in the Authorized Uses.
4.7 Survival
For the avoidance of doubt, the obligations of the Municipality contained in this Article 4 shall
survive the expiry or termination of this Agreement.
ARTICLE 5
CONFIDENTIALITY
5.1 Confidential Information. Subject to section 5.3, the Municipality shall hold in strict
confidence all Licensed Information and any other confidential information or materials
of MTO, or of third parties and in the possession or control of MTO, and any
information derived from any of the foregoing (collectively, the "Confidential
Information").
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5.2 Maintain Confidentiality. Without limitation to section 5.1, the Municipality shall
not directly or indirectly:
(a) disclose, make available, or provide or permit access to or use of, any
Confidential Information for any purpose (other than to its Authorized Staff
who need to know such Confidential Information in order to carry out the
Municipality's business, and who are permitted access to such Confidential
Information strictly in accordance with Article 8);
(b) reproduce or make copies, or permit any third party to reproduce or make
copies, of any Confidential Information, in whole or in part (other than copies
of Confidential Information made by the Authorized Staff contemplated in
section 5.2 (a) in the normal course of the Municipality's business).
5.3 Disclosure of Licensed Information to Permitted Recipients.
(a) Despite section 5.2, but subject to the provisions of sections 5.3 (b), 5.3 (c)
and 5.3 (d), the Municipality shall have the right to disclose particular
Licensed Information (but not Passwords or any other Confidential
Information)to Permitted Recipients solely for the purpose specified in Part A-
1 of Schedule "A". For avoidance of doubt, nothing in this section 5.3 (a)
permits the Municipality to give a Permitted Recipient general access to the
Licensed Information in the Municipality's possession or control, nor shall a
Permitted Recipient be entitled to make copies of Licensed Information.
(b) The Municipality shall record (in such form and format as from time to time
may be required by MTO) each disclosure to a Permitted Recipient. Such
record shall include the particular Licensed Information disclosed, the
Permitted Recipient to whom such Licensed Information was disclosed, the
business purpose for such disclosure, and the date of disclosure. The
Municipality shall maintain such records throughout the Term and for a period
of three (3)years after the expiry or termination of this Agreement.
(c) Prior to making any disclosure to a Permitted Recipient, the Municipality shall
enter into a privacy and non-disclosure agreement with that Permitted
Recipient, in the form specified by MTO in writing from time to time (the
"Non-disclosure Agreement").
(d) The Requester shall ensure that each Permitted Recipient fully complies with
the Non-disclosure Agreement. The Municipality shall be fully liable to MTO
for any breach of the Non-disclosure Agreement by a Permitted Recipient, and
any such breach shall constitute a breach by the Municipality of this
Agreement.
(e) The Municipality shall retain an original copy of each Non-Disclosure
Agreement from the time it is executed until at least three (3) years after the
date the Permitted Recipient who signed that Non-Disclosure Agreement ceases
to be a Permitted Recipient. Upon MTO's request from time to time, the
Requester shall provide MTO with copies of all executed Non-Disclosure
Agreements.
5.4 Disclosures Required by Applicable Law.
(a) Despite section 5.1, the Municipality may, subject to sections 5.4 (b), 5.4 (c)
and 5.4 (d), disclose Confidential Information to the extent required by
applicable law.
(b) If the Municipality becomes compelled by applicable law to disclose
Confidential Information, or if the Municipality becomes aware that any other
party has become compelled by applicable law to disclose Confidential
Information, the Municipality shall immediately provide MTO with notice by
telephone and by facsimile transmission, so that MTO may seek a protective
order or other appropriate relief.
(c) If the Municipality becomes compelled by applicable law to disclose
Confidential Information, the Municipality may only disclose that part of the
Confidential Information that it is compelled by applicable law to disclose, and
may only disclose such Confidential Information in the manner and to the
extent so compelled by applicable law.
(d) If the Municipality becomes compelled by applicable law to disclose
Confidential Information in connection with legal proceedings to which the
Municipality is a named party, then at the request of MTO, the Municipality
shall immediately take all reasonable steps to attempt to obtain a protective
order or judgement or other appropriate relief or other written assurances that
the confidentiality of the Confidential Information disclosed or to be disclosed
will be maintained.
5.5 Survival
For the avoidance of doubt, this Article 5 shall survive the expiry or termination of this
Agreement for any reason.
ARTICLE 6
PRIVACY LAWS
6.1 Privacy Laws.
(a) This Agreement and the rights granted to the Municipality under this
Agreement are subject to any restrictions, limitations or provisions of any
applicable law, including the Privacy Laws or any other legislation or
regulations enacted by the Government of Ontario or by the Canadian federal
government, whether enacted prior to or after the date of signing this
Agreement.
(b) Without limiting the generality of section 6.1(a), this Agreement is subject to
any provisions of any applicable law that may restrict or limit:
(i) the information included in the Licensed Information; or
(ii) the information that may be provided in response to a Licensed
Information Request.
6.2 Compliance by Municipality.
The Municipality represents and warrants that it is, and at all times throughout the Term will
remain, in full compliance with all applicable laws (including the Privacy Laws) relating to its
Processing of Licensed Personal Information pursuant to this Agreement. Without limiting the
generality of the foregoing, the Municipality shall comply with any written instructions or
directions from MTO from time to time concerning Licensed Personal Information or Personal
Information Records (including the Processing of such Licensed Personal Information or
Personal Information Records).
6.3 Survival
For the avoidance of doubt, this Article 6 shall survive the expiry or termination of this
Agreement for any reason.
ARTICLE 7
PROTECTION OF CONFIDENTIAL INFORMATION
7.1 Security of Confidential Information.
The Municipality shall maintain the security and integrity of the Confidential Information.
Without limitation to the foregoing,the Municipality shall
(a) keep all copies or partial copies of the Confidential Information in a physically
secure location to which access is restricted;
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(b) ensure that access to any Confidential Information stored on a computer is
password-protected and that the passwords are treated as Confidential
Information and are changed on a frequent basis;
(c) comply with the security provisions and standards set out in Part A-1 of
Schedule"A"; and
(d) comply with such security requirements as are from time to time specified by
MTO.
7.2 Security Products.
The Municipality shall be responsible for the selection, implementation and maintenance of
appropriate security products, tools and procedures sufficient to meet MTO's requirements for
protecting the Confidential Information from improper access, loss, alteration or destruction.
The Municipality shall be responsible for establishing, monitoring and testing the
Municipality's own security products,tools and procedures to ensure their adequacy.
7.3 Passwords.
(a) Deemed to be Confidential Information. Any Passwords shall be deemed to
be "Confidential Information" for the purposes of this Agreement.
(b) No Disclosure to Third Parties. For the avoidance of doubt, the Municipality
shall not disclose any Passwords to, or permit any access to, or use of, any
Passwords by any third party, provided that nothing in this section shall prevent
the Municipality from disclosing Passwords to its Authorized Staff who:
(i) need to know such Passwords in order for the Municipality to
obtain and use the Licensed Information for Authorized Uses,
and
(ii) are authorized to access to such Passwords strictly in
accordance with Article 8.
7.4 Restricted Access.
The Municipality shall at all times restrict access to the Confidential Information solely to
Authorized Staff, in accordance with the requirements set out in this Agreement. The
Municipality shall be responsible to MTO for any unauthorized access to Confidential
Information resulting from the Municipality's failure to meet the Municipality's obligations in
this Agreement(including this section).
7.5 No Exposure.
Subject to the Authorized Uses set out in section 4.1, and without limiting the generality of the
restrictions or obligations placed upon the Municipality in Articles 4, 5, 6 and 7, no
Confidential Information shall be exposed or placed so that it can be viewed by the public
and/or any non-authorized persons.
I .
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7.6 Destruction of Confidential Information.
(a) Subject to sections 7.6(b) and 7.6(c) and 7.6(d), the Municipality shall destroy
all copies of Confidential Information in its possession or control, upon or
before the earlier of-
(i) the expiration or termination of this Agreement for any reason;
(ii) thirty (30) days following completion or fulfilment of the applicable
Authorized Uses as set out in section 4.1; or
(iii) the third Business Day after the date of suspension, cancellation,
revocation, or voluntary closure or cancellation of the Municipality's
account with MTO or any of the Municipality's rights or privileges
under this Agreement.
(b) Despite section 7.6(a), if this Agreement expires and no Event of Default has
occurred and then remains outstanding, the Municipality shall not be required
to destroy the Confidential Information and records referred to in that section
for so long as there remains in full force and effect a separate written agreement
entered into by the Municipality with MTO under which the Municipality is
authorized to possess and use that Confidential Information and those records
for the purposes for which they are then being possessed and used by the
Municipality.
(c) Despite section 7.6(a), the Municipality shall not be required to destroy the
Confidential Information and records referred to in that section to the extent(if
any)that:
(i) the Confidential Information was also separately obtained by the
Municipality from a third party that was not at that time under any
obligation to keep such Confidential Information confidential; or
(ii) the Confidential Information pertains to an individual who has
consented to having the Municipality keep that Confidential
Information (provided that such consent is given in accordance with
applicable law), or
(iii) the Municipality is required by applicable law to retain for any period
of time any of the Confidential Information. The Municipality shall be
permitted to retain such of that Confidential Information or those
records, in such form and for such period of time, as is so required by
applicable law, subject to the Municipality's confidentiality, non-
disclosure and security obligations in this Agreement (including all of
the Municipality's obligations in Articles 4,5, 6 and 7.).
(d) For the avoidance of doubt, nothing in this section 7.6 shall limit or release the
Municipality from the security, confidentiality and non-disclosure provisions of
this Agreement, which provisions shall survive any termination or expiration of
this Agreement and shall remain in full force and effect until such time as they
are satisfied or by their nature expire.
7.7 Retention of Licensed Information Within Canada.
The Municipality shall ensure that:
(a) no Licensed Information Requests will be made, and
(b) no Licensed Information Responses or Licensed Information will be received,
transmitted, stored or retained by or on behalf of the Municipality or by or on
behalf of the Municipality outside Canada
for any time period,no matter how short.
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ARTICLE 8
AUTHORIZED STAFF
8.1 Listed in Part A-2 of Schedule"A".
The Municipality covenants and warrants that all Authorized Staff as of the date of this
Agreement have been listed in Part A-2 of Schedule "A". The Municipality shall, within ten
(10) days of any change in the list of Authorized Staff, advise MTO of such change in writing
or other format acceptable to MTO. Notwithstanding any other provision of this Agreement,
MTO reserves the right in its absolute discretion:
(a) to reject any employee or contractor of the Municipality as an Authorized Staff
member; and
(b) to prohibit an Authorized Staff member from accessing any Licensed
Information.
8.2 Security Statements and Security Agreements.
The Municipality shall require all Authorized Staff:
(a) who are Municipality employees, to enter into and comply with the Employee
Security Statement; and
(b) who are individual third party contractors engaged by the Municipality, to enter
into and comply with a Contractor Security Agreement.
8.3 Authorized Staff Compliance.
The Municipality shall be solely responsible for ensuring that its Authorized Staff fully comply
with the Municipality's confidentiality and security obligations contained in this Agreement.
Without limiting the generality of the foregoing, or of section 8.2, the Municipality shall be
solely responsible for ensuring full compliance with the Security Statement and Contractor
Security Agreement by Authorized Staff. The Municipality shall indemnify and hold harmless
MTO from and against any Damages that occur as a result of any non-compliance with the
Security Statement or Contractor Security Agreement by such Authorized Staff.
8.4 Retention of Original Copies.
The Municipality shall retain an original copy of each Security Statement and Contractor
Security Agreement from the time it is executed until at least three (3) years after the date the
Authorized Staff who signed that Security Statement or the Contractor Security Agreement (as
the case may be) ceases to be an employee or contractor of the Municipality. Upon MTO's
request from time to time, the Municipality shall provide MTO with copies of all executed
Security Statements and Contractor Security Agreements.
ARTICLE 9
REPORTING AND RECORDS
9.1 Monthly Report
The Municipality shall duly complete and remit to MTO a monthly report which is contained in
Schedule "E". The signature of the Treasurer or Chief Financial Officer of the Municipality shall
be affixed to the monthly report. The monthly report shall be remitted to and received by MTO
within fifteen days after the end of each calendar month to which the monthly report corresponds.
Where the Municipality owes MTO payment under Article 16 herein, the monthly report shall be
remitted along with the payment that is owing to MTO. Where no payment is owing to MTO
under Article 16 herein,the monthly report that is remitted shall indicate as such.
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9.2 Annual Report
The Municipality shall duly complete and remit to MTO an annual report as prescribed in
Schedule "F". The first annual report shall be remitted to, and received by MTO on or before
April 15, 2005, and shall contain data corresponding to the period from the Effective Date to
March 31, 2005. Subsequent annual reports shall be remitted to, and received by MTO on or
before April 15 for each year that the Agreement is in effect, and shall contain data corresponding
to the previous Fiscal Year.
9.3 MTO Reports
MTO shall duly complete and send an annual report to the Municipality as prescribed in Schedule
"G". The report shall be remitted and received by the Municipality on or before May ls`of each
year that the Agreement is in effect, and the data contained in each report shall correspond to the
previous Fiscal Year, except for the first annual report which shall correspond to the period from
April 1,2004,to March 31,2005.
9.4 Records
MTO and the Municipality shall maintain written records, which shall be sufficient to enable
both parties to produce the reports that are prescribed in Schedules "E", '7' and "G". The
Municipality shall retain the records contemplated in this section 9.4. throughout the Term and
for three(3)years thereafter.
9.5 Records Custodian
Each party shall designate one or more individuals with appropriate authority as the persons
responsible for the compilation and custody of the written records of that party prescribed in
section 9.4 (a "Records Custodian"). The Records Custodian(s) designated by a party shall be
competent to certify the accuracy and completeness of the written records that such party is
required to maintain and produce. The Records Custodian(s) designated by each party is (are) set
out in Part A-2 of Schedule "A", provided that either party may change the designation upon
notice to the other party given in accordance with section 21.4.
ARTICLE 10
AUDIT AND ANNUAL DECLARATIONS
10.1 Audit of Municipality.
The Municipality shall accommodate Audits of the Municipality in accordance with the
provisions of Schedule "D". For the avoidance of doubt, this section 10.1 and Schedule "D"
shall survive the expiry or termination of this Agreement for any reason.
10.2 Audit of Permitted Recipients
The Requester shall ensure that each Permitted Recipient accommodates Audits of that
Permitted Recipient in accordance with the provisions of Schedule "D" (as if that
Permitted Recipient were the "Requester" as specified in Schedule "D"), and that such
Permitted Recipient fully co-operates with and assists MTO in carrying out such Audits
in accordance with such provisions. The Requester shall be fully liable to MTO for any
failure by a Permitted Recipient to fulfil the requirements contemplated by this section
10.2, and any such failure shall constitute a breach by the Requester of this Agreement.
The Requester agrees to indemnify and hold harmless the MTO from and against any
Damages that occur as a result of any such failure.
10.3 Annual Declaration.
On or before each anniversary date of this Agreement,the Municipality shall complete, sign and
submit to MTO a declaration(the "Declaration")relating to the Municipality's compliance with
the obligations under this Agreement during the previous twelve (12)months. The Declaration
shall be in such form and format as may be specified by MTO from time to time, and shall be
executed by such officer of the Municipality, or other responsible person, as may be specified
by MTO in the form of the Declaration.
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ARTICLE 11
INFORMATION TRANSMISSION
11.1 "As Requested"Basis.
Licensed Information shall be provided by MTO to the Municipality through the Delivery
Channels and on an "as requested" basis in response to Licensed Information Requests, all in
accordance with the procedures specified by MTO from time to time. The Municipality
acknowledges that, owing to the complexity and diversity of technologies utilized in the
provision of Licensed Information Responses, MTO does not guarantee that it will transmit or
deliver Licensed Information within a stipulated time after receipt of the applicable Licensed
Information Request.
11.2 Incomplete,Inaccurate or Corrupted Documents.
(a) If MTO reasonably suspects that a Licensed Information Request received from
the Municipality was incompletely or inaccurately transmitted, or corrupted in
transmission, or not intended for MTO, MTO shall so notify the Municipality.
MTO shall not respond to such Licensed Information Request until MTO has
received confirmation from the Municipality of the validity and completeness
of the Licensed Information Request.
(b) If the Municipality reasonably suspects that a Licensed Information Response
received from MTO was incompletely or inaccurately transmitted, or corrupted
in transmission, or not intended for the Municipality, the Municipality shall so
notify MTO. The Municipality shall not rely upon any information until the
Municipality has received confirmation from MTO of the validity and
completeness of the Licensed Information Response. If requested by MTO, the
Municipality shall return or destroy an invalid or incomplete Licensed
Information Response.
11.3 Deemed Authorization.
The Municipality shall establish reasonable and appropriate systems,methods and procedures to
control the transmission or delivery of Licensed Information Requests and the receipt of
Licensed Information Responses. Subject to section 11.2, each Licensed Information Request
sent by the Municipality to MTO under this Agreement shall be deemed to have been duly
authorized by the Municipality and shall be binding upon the Municipality, unless the
Municipality otherwise notifies MTO before MTO responds to or makes any use of that Licensed
Information Request.
ARTICLE 12
APPLICATION INFORMATION
12.1 Warranty.
The Municipality represents and warrants that all information contained in the Application is
true, correct and complete as of the date of the Application.
12.2 Updates.
(a) Within ten (10) Business Days after the occurrence of any change in any of the
information contained in the Application, or any change to any of the
information previously provided pursuant to this section 12.2 (a), the
Municipality shall notify MTO (in writing or other format acceptable to MTO)
of such change.
(b) Prior to the expiry of any of the Supporting Documents, and no later than ten
(10) days of the date of an amendment to any of the Supporting Documents, the
Municipality shall provide MTO with a copy of the replacement Supporting
Document, or of the amended Supporting Document, as the case may be. Upon
the request of MTO, the Municipality shall provide MTO with an original or
certified copy of any Supporting Document. MTO reserves the right, upon
notice to the Municipality, to add additional documents to the list of
Supporting Documents contained in Part A-1 of Schedule"A".
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ARTICLE 13
ANNUAL REVIEW AND RE-VERIFICATION
13.1 Annual Review and Re-Verification.
At least thirty (30) days prior to the expiry of each current term, the Municipality will review
and re-verify (in such form and format as may be specified by MTO from time to time) the
information contained in the Application, as such information may subsequently have been
changed in accordance with section 12.2 (a).
ARTICLE 14
AUTHORIZED REQUESTER INFORMATION SYSTEM
14.1 Electronic Requests.
If the internet has been included as a Delivery Channel in Part A-1 of Schedule "A", MTO
will accept Licensed Information Requests from the Municipality, and will provide Licensed
Information Responses in accordance with specifications set out in Part A-1 of Schedule "A"
utilizing ARIS.
14.2 Password Assignment
(a) The Municipality shall (in writing or other format acceptable to MTO), advise
MTO of those members of the Authorized Staff whom the Municipality wishes
to have access to ARIS.
(b) MTO, at its discretion, shall assign user identification and passwords to
members of the Authorized Staff in accordance with security policies and
procedures of MTO. Notwithstanding the foregoing, MTO reserves the right
not to issue user identification or a password to any individual or individuals
regardless of their designation as Authorized Staff.
(c) The Municipality shall ensure that only Authorized Staff who log onto ARIS
using the user identification and password assigned to them by MTO (as such
password may be changed from time to time) can gain access to the Passwords
or make Licensed Information Requests or receive Licensed Information
Responses through ARIS.
14.3 Municipality Systems.
In order to access Licensed Information utilizing ARIS, the Municipality shall obtain, install
and test, at the Municipality's own expense, the following computer equipment, software and
services,with the following minimum specifications:
• Pentium computer or higher;
• Internet Explorer,Netscape or higher; and
• Internet service.
The Municipality acknowledges and agrees that MTO shall have no responsibility for providing
technical support, or maintenance, for any of the Municipality's own systems required to access
ARIS.
ARTICLE 15
CERTIFICATION OF RECORDS
15.1 Certification by Registrar
The Municipality shall only request that Licensed Information be certified by the Registrar of
Motor Vehicles (MTO) when the Municipality is required to do so for the purpose of legal
proceedings or for some other purpose required by law.
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15.2 Transmission of Certified Licensed Information
MTO shall transmit to the Municipality,by mail or such other method as may be agreed to by both
parties,all Licensed Information which it has certified in paper format.
ARTICLE 16
FEES AND PAYMENT METHODOLOGY
16.1 Fees and Payment Schedule.
For obtaining Licensed Information from MTO under this Agreement, the Municipality shall
pay the Fees, and comply with the payment methodology, as set out in Schedule "C".
ARTICLE 17
INDEMNITY AND LIMITATION OF LIABILITY
17.1 Indemnity.
(a) The Municipality agrees to defend, indemnify and hold harmless the
Government of Ontario and its officers, employees, agents or contractors, from
and against any and all Claims and Damages that may occur,by reason of.
(i) any breach or deemed breach of this Agreement by the Municipality, or
(ii) any non-compliance with Employee Security Statements or Contractor
Security Agreements by any of the Authorized Staff, or
(iii) any non-compliance with Non-Disclosure Agreements by any Permitted
Recipient; or
(iv) any negligent, improper, or unauthorized use or dissemination of
Confidential Information by the Municipality or by the officers,
employees, contractors (including Authorized Staff) or agents of the
Municipality; or by Permitted Recipients; or
(v) inaccurate or out-of-date information contained in Licensed Information
furnished to the Municipality by MTO.
17.2 Limitation of Liability.
(a) The Government of Ontario makes no Warranties with respect to the Licensed
Information, including any Warranties that any Licensed Information (or any
information contained in the Licensed Information) will be accurate, complete
or up-to-date, or free of errors or omissions, in whole or in part, or that any
Licensed Information will be fit for any purpose.
(b) In no event will the Government of Ontario be liable for any Damages or
Claims, including any Claims for loss of profits or other incidental or
consequential damages, arising out of the Municipality's use of, or inability to
use or access, any Licensed Information, or delays by MTO, or from failure to
supply Licensed Information, or from inaccurate, incomplete or out-of-date
information contained in any Licensed Information.
(c) The Municipality releases and forever discharges the Government of Ontario
(and the Government of Ontario's officers, employees, agents and contractors)
from any Claims relating to any Warranties contemplated in section 17.2(a)
and from any Damages or Claims contemplated in section 17.2(b).
17.3 Survival
The provisions of this Article 17 shall survive the expiry or termination of this Agreement for
any reason.
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ARTICLE 18
DEFAULT AND REMEDIES
18.1 Events of Default.
"Events of Default"shall include any one or more of the following:
(a) the Municipality is merged with, or annexed by, another municipality;
(b) the Municipality has submitted false or misleading information to MTO
(including false or misleading information in the Application) or makes a false
representation in this Agreement or the Application;
(c) the Municipality has failed to update the information contained in the
Application or has failed to review and re-verify such information in
accordance with section 12.2;
(d) there is a material degradation in the security measures (including security
products, tools or procedures) that the Municipality has in place to protect the
Licensed Information from improper access, loss, alteration or destruction;
(e) the Municipality commits a Privacy Default and such Privacy Default is not
curable or such Privacy Default is curable but the Municipality fails to cure it
as expeditiously as possible and in any event within twenty four (24) hours of
receiving notice of such Privacy Default from MTO;
(f) The Municipality fails to make any payment as required under this Agreement,
or if payment is in the form of a cheque or other negotiable instrument, such
payment is rejected for not sufficient funds;
(g) the Municipality fails to meet any other term or condition of this Agreement
(excluding any other default expressly referred to in this section 18.1) and such
default is not curable or such default is curable but the Municipality fails to
cure it within ten(10)days of receiving notice of such default from MTO; or
(h) the Municipality is, or is deemed to be, in default under any other agreement(s)
with MTO relating to access or use of any Confidential Information.
18.2 Remedies.
(a) Upon the occurrence of an Event of Default, MTO shall have the right,
effective immediately without notice,to:
(i) terminate this Agreement;
(ii) suspend, cancel or revoke the Municipality's account with MTO or any
or all of the rights or privileges of the Municipality under this
Agreement (including suspending or revoking any Password issued by
MTO to the Municipality); or
(iii) refuse to accept any Licensed Information Requests from the
Municipality, or refuse to provide any Licensed Information Responses
to the Municipality.
(b) MTO may also pursue any appropriate administrative, civil and/or criminal
remedies for default of any of the provisions of this Agreement.
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ARTICLE 19
AMENDMENTS TO THE AGREEMENT
19.1 Amendments.
The Municipality acknowledges and agrees that MTO shall have the right unilaterally to amend
this Agreement from time to time. Such amendments shall become effective ten (10) days after
the Municipality's receipt of written notice of such amendments (or at any later time specified
in such notice). Notwithstanding the foregoing, MTO shall have the right unilaterally to amend
the Fees set out in Schedule"C",without notice to the Municipality.
19.2 Termination.
If the Municipality receives a notice of any amendments under section 19.1, the Municipality
shall have the right to terminate this Agreement effective upon written notice to MTO.
ARTICLE 20
PROMOTIONAL MATERIAL
20.1 Accuracy.
Any promotional or informational material disseminated by the Municipality in connection with
the Licensed Information or access to the Licensed Information shall be accurate and shall be
consistent with the terms and provisions of this Agreement, and shall contain only factual
statements relating to the Licensed Information and the purpose and conditions of access as set
forth in this Agreement. For the avoidance of doubt, nothing in this section 20.1 shall be
deemed to limit or release the Municipality from any of the confidentiality, security or privacy
provisions of this Agreement.
20.2 MTO Trade-Marks and Logo
Neither MTO's name nor any MTO trade-mark or logo may be used by the Municipality without
the prior written consent of MTO.
ARTICLE 21
GENERAL PROVISONS
21.1 Force Majeure.
Neither party shall be liable for delay or failure in performance resulting from acts beyond the
control of that party, including acts of God, acts of war, fires, floods or other disasters, strikes,
walkouts, lockouts, communication line or power failure, or failure, inoperability or destruction
of computer hardware, software or firmware (unless caused by the negligence of that party), or
any negligence,wilful misconduct or breach of this Agreement by the other party.
21.2 Non-Assignability.
The Municipality may not assign or transfer this Agreement, or any right under this Agreement,
either in whole or in part. Subject to this restriction, this Agreement shall enure to the benefit
of,and bind,the parties and their respective successors and assigns.
21.3 Notification of Breach.
The Municipality shall notify MTO in writing immediately upon becoming aware that any of
the provisions of this Agreement have been breached.
r .
- 18 -
21.4 Notices.
(a) Any notification or other communication to be given under the provisions of
this Agreement shall be in writing and shall be given by personal delivery, or
sent by electronic facsimile, or mailed by a prepaid registered mail or delivered
by courier service. Subject to change by either party with written notice in
accordance with this section 21.4, notices shall be addressed in accordance
with the addresses set out in Part A-2 of Schedule"A".
(b) Notices shall be deemed to have been effectively given on the date of personal
delivery, the date of electronic facsimile transmission or the date of delivery by
courier service, or in the case of service by registered mail five (5) days after
the date of mailing.
21.5 Waiver.
Failure of MTO to complain of any act or failure to act of the Municipality, or to declare the
Municipality in default, shall not constitute a waiver by MTO of its rights under this
Agreement. No waiver of any rights under this Agreement shall be effective unless in writing,
duly executed by MTO.
21.6 Entire Agreement.
This Agreement constitutes the entire agreement and understanding of the parties relating to the
subject matter of this Agreement and supersedes all prior understandings, discussions,
negotiations, commitments, warranties and agreements, written or oral, express or implied,
between them. Notwithstanding the foregoing, this section 21.6 shall not serve to terminate or
cancel any outstanding liability or payment arising out of any prior agreements or arrangements
of the parties with respect to access to, and use of, the Licensed Information. Except as
expressly provided in this Agreement, this Agreement may be amended or modified only by an
instrument in writing executed by each of the parties.
21.7 Survival of Provisions.
Obligations under this Agreement which expressly or by their nature survive the termination or
expiry of the Term will continue in force subsequent to, and in spite of, such termination or
expiry until they are satisfied or by their nature expire.
21.8 Governing Law.
This Agreement shall be deemed to have been formed in the Province of Ontario and shall be
governed by the laws in force in Ontario (and the laws of Canada applicable in Ontario). Each
party irrevocably submits to the exclusive jurisdiction of the courts of the Province of Ontario
with respect to any matter arising under, or related to,this Agreement.
21.9 Interpretation.
(a) Headings are not to be considered part of this Agreement, and are included
solely for convenience and are not intended to be full or accurate descriptions
of the content of the paragraph.
(b) In this Agreement, words importing the singular number include the plural and
vice versa, words importing the masculine gender include the feminine and
neuter genders; words importing persons include individuals, sole proprietors,
corporations,partnerships,trust and unincorporated associations.
(c) Unless specified otherwise in this Agreement, a reference in this Agreement to
a statute refers to that statute as in force at the Effective Date and as the same
may be amended, re-enacted, consolidated and/or replaced from time to time,
and any successor statute. A reference to a statute shall be deemed to include
any regulations made under that statute.
(d) For purposes of this Agreement,unless otherwise provided in this Agreement, a
period of days or Business Days shall be deemed to:
- 19 -
(1) begin on the first day after the event that began that period, and
(ii) end at 5:00 p.m. (Eastern Standard Time or Eastern Daylight Savings
Time, as the case may be) on the last day or Business Day, as the case
may be, of that period.
(e) In this Agreement the words "include", "includes" or "including" mean
"include without limitation", "includes without limitation" and "including
without limitation",respectively, and the words following"include", "includes"
or"including" shall not be considered to set forth an exhaustive list.
IN WITNESS WHEREOF, each of the parties have executed and delivered this Agreement as
of the date first above written.
HER MAJESTY THE QUEEN in right of
Ontario, as represented by the Minister of
Transportation
For Karen Tilford, Director,
Licensing Services
f t tr
Wilma Piovesan
Manager,Licensing A,d/ministration Office
Date: CL. y C�-C";.'( 17-
MUNICIP ITY�
By:
Print Name: Patti L Barrie, Clerk
Title:
Date: St."N'
SCHEDULE "A"
SPF,CIFiCATIONS
Part A_1
A. Licensed Information:
PLDABS -Plate by date Abstract with Address
PLCABS -Certified Plate by Date Abstract with Address
B. Permitted Recipient(s):
Third party providers of parking ticket program software who may access Licensed
Information solely for the purpose of supporting such software on behalf of the
Municipality.
C. Delivery Channels:
(a) For Licensed Information Requests: Internet
(b) For Licensed Information Responses: Internet
D. List of Supporting Documents:
Security Statement
Authorized Application Signor Data& Signature
E. Security Provisions and Standards:
Security Provisions: Access to the division is restricted by secured gates. The
involved computers are in the individual offices of the enforcement officers.Each
computer is individual password access with passwords changed regularly. Information
gained is entered into the Division's files which are password protected and locked in a
central filing cabinet. Any material printed off is disposed of through shredding when
completed. Premise is secured with dead bolt locks.
- 2 -
Part A-2
A. Addresses for Notice:
(a) For MTO
Licensing Administration Office
Main Floor,Building "A"
2680 Keele Street
Downsview ON M3M 3E6
Attention: Coordinator,Business Information Services Unit
Telephone: (416)246-7112
Facsimile: (416)235-4465
(b) For the Municipality
Corporation of the Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Mr. Len Creamer, Manager of Municipal Law Enforcement
Telephone: (905) 623-3379 x325
Facsimile: (905) 623-6506
B. List of Authorized Staff:
Mr. Len Creamer,Manager of Municiapl Law Enforcment
C. Records Custodians:
(a) MTO:
(Title) Supervisor,Data Access Unit
(Telephone Number) (416)246-7214
(b) The Municipality:
(Title)
(Telephone Number) ( ) -
- 3 -
SCHEDULE "B"
MUNICIPALITY EMPLOYEE SECURITY STATEMENT
Employee Name:
Division:
Position#:
1. Corporation of the Municipality of Clarington (the "Municipality") is licensed to
receive confidential and personal information (the "Information") from files and data bases
administered by the Ontario Ministry of Transportation ("MTO"). MTO is committed to
protecting this Information from unauthorized access,use or disclosure. The following policies
have been adopted to address employees' responsibilities for handling and protecting this
Information.
2. As an employee of the Municipality, you may access this Information only when
necessary to perform your duties as such employee in the course of your employment. You
must not access or use this Information for personal reasons. (Examples of inappropriate access
or misuse of Information include, but are not limited to: making inquiries for personal use or
processing transactions on your own records or those of your friends or relatives; accessing
Information about another person, including locating their residence address, for any reason not
related to your work responsibilities or not authorized by the Municipality.)
3. You may disclose Information only to individuals who have been authorized to receive
it through appropriate procedures which have been authorized by MTO. (Examples of
unauthorized disclosures include but are not limited to: looking up someone's address for a
friend.)
4. You must take reasonable precautions to maintain the secrecy of any password you use
to access Information electronically. Reasonable precautions include,but are not limited to: not
telling others your password or knowingly allowing them to observe while you enter it at a
terminal; and frequently changing your password (and, if you suspect your password has been
used by someone else, changing it immediately and notifying the Municipality); and selecting
random passwords that are not easy for others to guess.
5. You must take reasonable precautions to protect data entry terminals and equipment
from unauthorized access. Reasonable precautions include, but are not limited to: not leaving
your terminal unattended while you are logged onto the system; exiting the database which
contains any Information when you leave your workstation; securing your terminal with a
locking device if one has been provided; storing in a secure place any user documentation to
programs through which electronic access to any Information may be gained; and reporting any
suspicious circumstances or unauthorized individuals you have observed in the work area to the
Municipality.
I have read and I understand the security policies stated above,and will comply with them
and any other security policies issued in the future by the Municipality, MTO. I
understand that failure to comply with these policies may result in disciplinary action by
the Municipality and/or civil or criminal prosecution in accordance with applicable
statutes.
Signature of Employee Date:
Witnessed By Date:
SCHEDULE "C"
FEES AND PAYMENT SCHF.DITLE
1. Payment of Amounts
(1) The Municipality shall pay MTO the following amounts for accessing the
Licensed Information:
(a) $8.25 of every allowance of$11 that the Municipality receives for each
notice of impending conviction that the Municipality issues where a
conviction is subsequently obtained under subsection 18.2(6) of the POA
(the allowance is authorized by subsections 12(1), (3), O. Reg. 949 made
under the POA);
(b) subject to clause 1(2) of this Schedule, $8.25 of every allowance of$9.00
that the Municipality receives for each fine that it collects in connection
with a conviction under section 18.4 of the POA (deemed not to dispute
charge due to failure to appear at the time and place appointed for the
hearing) (the allowance is authorized by subsection 12.1(1), O. Reg. 949
made under the POA).
(2) Where the Municipality receives an allowance of less than$9.00 as authorized by
subsection 12.1(1)of O.Reg. 949,it shall not remit the amount specified in clause(b),but
instead it shall remit to MTO any amount it receives in excess of$0.75, up to the amount
of$8.25.
2. Method and Timing of Payment
Subject to Clause 3 of this Schedule, the Municipality shall remit a payment by cheque
which shall be received by MTO on or before the fifteenth day of each month for the
amount prescribed in clause 1 above. The payment that is remitted to MTO shall be the
amount owing to MTO from the previous calendar month and shall be accompanied by
the corresponding monthly report(in accordance with section 9.1 of the Agreement).
3. Back Payment
Between July 1, 1998 and the first day of the month in which this Agreement is executed,
if the Municipality has accessed and used Licensed Information for which payment
remains due and owing to MTO, the Municipality shall remit such payment by cheque to
MTO within (30) days after the date of execution of this Agreement. Such payment shall
be accompanied by monthly reports (in accordance with section 9.1 of the Agreement)
containing the corresponding data for any month for which payment is outstanding.
4. Payment Information
Any payments owing to MTO under this Agreement or the Schedules made hereunder
shall be made payable to the Minister of Finance/MTO.All payments and any reports that
are required to be sent to MTO under this Agreement or the Schedules made thereunder
shall be sent to:
Ministry of Transportation
Licensing Administration Office
Attention: Supervisor,Data Access Unit
2680 Keele St.,Building"A"
Downsview ON M3M 3E6
- 5 -
SCHEDULE "D"
AUDIT„INSPECTION AND REVIEW
1. Right of Audit.S
MTO shall each have the right, from time to time, to Audit such of the Municipality's
operations as relate to or are involved in the performance of the Municipality's obligations
under this Agreement,including:
(a) the Municipality's security arrangements (including the Security Statements
and Contractor Security Agreements), and the Municipality's books and
records; and
(b) any media of, or in the possession of, the Municipality that contain any
Confidential Information.
2. Timing of Audits.
The Audits contemplated in this Schedule "D" may be conducted at any time during the
Municipality's normal business hours upon 24 hours' prior written notice (or, in the case of
Audits relating to possible Privacy Defaults,without prior notice).
3. Authorized MTO Representatives.
MTO shall have the right to engage third party representatives to perform Audits contemplated
in this Schedule"D".
4. Privacy Compliance.
(a) Privacy-related Audits. Without limitation to the generality of this Schedule
"D", the Audit rights of MTO shall include the right to measure the
Municipality's compliance with: (A) the Privacy Laws; (B) the provisions of
this Agreement relating to the Municipality's compliance with the Privacy
Laws; (C) the provisions of Articles 4 to 8 inclusive; and (D) any other
provisions of this Agreement that relate to Personal Information or the
Processing of Personal Information.
(b) Privacy Compliance Meetings. In addition to performing the Audits
contemplated in section 4 (a), MTO may require the Municipality to meet with
MTO to review the results of such Audits as they relate to the matters referred
to in section 4 (a). Such meetings shall be held at such times and places as
MTO may mutually agree upon with the Municipality from time to time, acting
reasonably. However, if as a result of any such Audit MTO has reason to
believe that the Municipality has committed a Privacy Default, MTO may
require such meeting to be held within one (1) Business Day of MTO's
notifying the Municipality in writing that MTO wishes to hold such meeting.
5. Performance Reviews.
(a) Audits Relating to Overall Performance. Without limitation to the generality
of this Schedule "D", the Audit rights of MTO shall include the right to
measure the Municipality's overall performance of its obligations under this
Agreement.
(b) Meetings to Review Overall Performance. In addition to performing the
Audits contemplated under section 5 (a), MTO may require the Municipality to
meet with MTO to review the results of such Audits as they relate to the
matters referred to in section 5 (a). Such meetings shall be held at such times
and places as MTO (as the case may be) may mutually agree upon with the
Municipality from time to time acting reasonably.
- 6 -
6. Location and Manner of Audits.
The Audits contemplated in this Schedule "D" may be conducted on-site at the location(s) of
any of the Municipality's businesses or operations that relate to, or are involved in, the
performance of the Municipality's obligations under this Agreement or the exercise of the
Municipality's rights under this Agreement, including the location(s)of any of the following:
(a) the Security Statements or Contractor Security Agreements, or the
Municipality's books and records; or
(b) any media of, or in the possession of, the Municipality that contain any
Confidential Information.
Such Audits may be conducted in whole or in part by remote electronic means if the
Municipality's electronic systems have the functional capability of facilitating such remote
Audits.
7. Municipality Co-operation.
The Municipality shall fully co-operate with MTO in facilitating the conduct of any Audits
contemplated in this Schedule "D", including providing such access, documentation,
information, copies of documentation and information, and assistance as MTO may reasonably
request for the purpose of such Audits.
8. Duration of Audit Rights.
The audit rights of MTO shall continue in effect for a period of three (3) years after the
expiration or termination of the Agreement.
9. Correction of Defaults.
Without limiting or restricting any other obligations of the Municipality, or rights or remedies
of MTO, under this Agreement or at law or in equity:
(a) the Municipality shall, at its sole cost, correct any breaches by the Municipality
of this Agreement(including any Privacy Defaults) identified through an Audit
(and in respect of which MTO has provided written notification to the
Municipality). Such corrections shall be done as expeditiously as reasonably
possible and in any event within the applicable cure period (if any)provided in
section 16.1 of the Agreement.
(b) the Municipality shall notify MTO in writing upon such breaches having being
corrected.
(c) After receiving such notification from the Municipality, MTO may conduct a
follow up Audit to confirm that all such breaches have been corrected.
(d) If requested by MTO in the notification referred to in section 9(a):
(i) the Municipality shall provide to MTO, within ten (10) days of
receiving the notification referred to in section 9 (a) (or within five (5)
days of receiving such notification, where such breaches constitute
Privacy Defaults), a reasonable written plan outlining the steps the
Municipality will take to ensure that such breaches do not occur again;
and
(ii) the Municipality shall implement the plan provided under section 9
- 7 -
10. Costs of Audit.
(a) All costs incurred by the Municipality in connection with the Audits
contemplated in this Schedule "D" shall remain solely the responsibility of the
Municipality.
(b) Except as provided in section 10 (c), all costs incurred by MTO in connection
with the Audits contemplated in this Schedule "D" shall remain solely the
responsibility of MTO.
(c) Despite section 10 (b), if any Audit contemplated in this Schedule "D"
discloses a material default by the Municipality under this Agreement, then the
Municipality shall reimburse MTO for MTO's reasonable and verifiable costs
of conducting such Audit.
11. Without Prejudice.
For the avoidance of doubt, nothing in Schedule "D" shall be deemed to limit or
prejudice the rights of MTO or the obligations of the Municipality under any other
provision of this Agreement or at law or in equity.
- R -
SCHEDULE "E": MONTHLY REPORT
Municipality Monthly Court Cost Payment Report to Ministry of Transportation
Municipality
P tY
Reporting Period(w„vw/mm/ddb to(yyyy/mm/ddl
f nctnmPr(PCIAI A/C Na
Pavment Categories No. of Fullv Paid Tickets Munieffl—arlK Service Fee I I Total am emitted to
"Deemed Not to Dispute" (Article 4.1 (1)b of the (1) {2, C/7,
Authorized Requester Agreement)
"Fail to Respond" (payment received after Notice (4} (5) (6)
of Fine and Due Date but before plate denial) his is).75 ti es x(4) This is$8.25 times box(4)
(Article 4.1 (1) a of the Authorized Request
A reement
"Fail to Respond" (paym ecet d afte plate (7) (8) (9)
denial)(Article 4.1 of the Ant ho ized fWTs$.75 times box(7) This is$8.25 times box(7)
Requester A ree ent
Totals. (10 (11) (12)
Cnnditinns:
F
Please,-make rhenues payahle trv_
to Minister of Finance/Minic
of Transportation
Chpqne i- LI--I
—�. These cost pa;mentc are cniterted by the munici=palities and
fowarded to the Minishv of Transportation under the antho ifrof
PnA Regulations 945 and 949 and the Government
Authorized Requester Agreement between the
municipality and Ministry ofTransnortation.
11 .payment and the report should he forwarded to-
Signature of Treasurer or Chief Financial Officer
Ministry of Transportation
Licensing Administration Office
Attn-Supervisor,Data Access l Init
7f,R0 Keele Street
Downcview ON M3M 3F6
SCHEDULE "F" -ANNUAL REPORT
Annual Program Performance Statistics from Municipality to Ministry of Transportation
Reporting Period (vvvv/mm/dd) to (vvvv/mm/ddl
Name of municinnlity-
Customer A/C No*
Stages Data Reouested Volume
Parking Infraction Notices Issued Number of Parking Infraction Notices Issued'
Total Number Elected Trial
Number Attended
Number Failed to Show Up
Number Paid Prior to NIC
Notice of Impending Conviction(NIC) Number of NIC Issued
Number of Tickets Paid After NIC Issued
Notice of Fine and Due Date(NFDD) Number of NFDD Issued
Number of Tickets Paid After NFDD Issued buLB4fore P ate Denial
Total Amount Paid After NFDD Issued b4r6efore Pla Denial(S)
Plate Denial Number of Tickets Resultin ' ate vial
Number of Tickets Paid w/ late Renewal
Total nt of /Plate Renewal("
T4<aT Amount Ou tstAding z t Plate De ial(S) ___--
Outstanding Num(ier "Tickets Re eivin,Partial ymen —_
KNu�ber utstandir g Tic ets Due tt Exten ion
U utstandif g Tic ets Duet Other easons
Stopped/c welled ickev,St pped 'Cancelle
Re-operu g ickets of e-op ?Zin<-*
Plea se Send to:
Ministry of Transportation
Licensing Administration Office
Attn: Supervisor,Data Access Unit
Kee le Street
Downsview ON M3M 3E6
' For the first annual report (1998/99) , this represents number of tickets issued from July 1, 1998 to March 31, 1999. Subsequent years are from
April 1 till March 31.
SCHEDULE "G" -MINISTRY REPORT
Annual Report from Ministry of Transportation to
ReportinLy Period (yyyv/mm/dd) to (vvvv/mm/dd)
Name of
Customer A/C
Month Total Amount Remitted to Ministry Number Of Plate Enquiries Requested By The Munic' ity
from Mnnirinality Pnrcuant to
Certified Unce rtified
April
May
June
July ;
August
September
October
November
December
Janua
Februak,,__
March
Yearly T talc
NON-DISC LOSITRF AGRFEMF.NT
PERMNITTF.D RF. IPIENT
Permitted Recipient: ("you"or"your")
[Insert Name of Permitted Recipient]
Municipality Name: Corporation of the Municipality of Clarington (the
"Municipality")
Permitted Supply and/or support of software and/or
Purpose(s): hardware and/or programming related to the
Municipality's Municipal Parking Tag Program
and the data received by the municipality from
the Ministry of Transportation in relation to the
municipality's Municipal Parking Tag Program
For sufficient valuable consideration you acknowledge having received (and as a condition of
receiving Confidential Information from the Municipality), you understand and agree as
follows:
I. Under an agreement (the "Requester Agreement") with the Ontario Ministry of
Transportation ("MTO"), the Municipality is licensed to receive confidential and
personal information (the "Licensed Information") from files and databases
administered by MTO.
II. The Municipality and MTO are committed to protecting all of this Licensed
Information and any information derived from the Licensed Information, (all of which
is together referred to as the "Confidential Information") from unauthorized access,
use or disclosure.
III. The following policies, and any future policies issued by MTO and the Municipality and
provided to you in writing, (the "Policies") set out your responsibilities for handling and
protecting this Confidential Information. As a permitted recipient of the Confidential
Information(a"Permitted Recipient")you are bound by these Policies:
1. Ownership: You acknowledge and agree that the Confidential Information is and will
at all times remain solely the property of MTO.
2. Confidentiality and Use: You must hold all of the Confidential Information in strict
confidence. Without limiting the generality of this obligation, you must NOT directly
or indirectly do any of the following:
(a) disclose, make available, or provide or permit access to or use of, any
Confidential Information to ANY other party(including,but not limited to, any
third party contractor) for any purpose. The ONLY exception is that you may
permit those of your employees who need to know that Confidential
Information for the Permitted Purpose(s) indicated above. This exception only
applies after you have fully informed those employees of, and required those
employees to fully comply with, the Policies, and have obtained from each of
the employees a signed Employee Security Statement in the form appended to
this Agreement as Schedule "A"). You will be fully liable to the Municipality
and MTO for any failure of your employees to fully comply with the Policies.
Future Policies will be considered to have been "issued" by MTO or the
Municipality when you are notified in writing of those Policies;
(b) make any full or partial copies (in any format or media) of any of the
Confidential Information (other than copies necessary to carry out the
Permitted Purpose(s)).
I 1
- 2 -
(c) use any of the Confidential Information for any purpose other than the
Permitted Purpose(s). To avoid any doubt, you must never access, use or
disclose any of the Confidential Information for any reasons that do not meet
both of the above requirements, such as for personal reasons (e.g. looking up
someone's address for a friend).
3. MTO Audit: You must accommodate audits by MTO in accordance with the MTO
Audit Policy (a copy of which is appended to this Agreement as Schedule `B", and
which you acknowledge having, read and understood), and fully co-operate with and
assist MTO in carrying out such audits in accordance with such MTO Audit Policy.
4. Access and Use Only From Premises Approved by Municipality: You may only
access and use the Confidential Information from premises approved by the
Municipality. You must never copy or remove any Confidential Information from such
premises.
5. Data Matching or Profiling: Subject to the Permitted Purposes referred to above, you
must not:
(a) develop or derive for any purpose whatsoever, any other product, work or
database, in human-readable or machine-readable form or otherwise, that
incorporates, modifies, or uses in any manner whatsoever, any personal
information contained in or obtained from the Confidential Information. (This
does not, however, apply to any specific personal information that you had in
your possession prior to receiving the Confidential Information); or
(b) place any data which was not obtained directly or indirectly from the
Municipality, into a database containing personal information obtained
directly or indirectly from the Municipality.
6. No Contacting Individuals: You must not use the Confidential Information directly or
indirectly to locate or contact any individual to whom the Confidential Information is
directly or indirectly referable.
(a) To avoid any doubt, nothing in this Policy 9 will limit or release you from any
of your other obligations under this Agreement, which obligations will remain
in full force and effect.
7. Comply with Law: You must at all times remain in full compliance with all applicable
laws relating to any access, use or disclosure of any personal information contained in
the Confidential Information. You must also comply with any written instructions or
directions from MTO from time to time concerning such personal information (to the
extent that the Municipality notifies you of such instructions or directions).
8. Secrecy of Passwords: You must take reasonable precautions to maintain the secrecy
of any password you use to access Confidential Information electronically. Reasonable
precautions include, but are not limited to: not telling others your password or
knowingly allowing them to observe while it is entered at a terminal; frequently
changing your password (and, if you suspect your password has been used by someone
else, changing it immediately); and selecting random passwords that are not easy for
others to guess.
9. Access to Terminals: You must take reasonable precautions to protect data entry
terminals and equipment from unauthorized access. Reasonable precautions include,
but are not limited to: not leaving your terminal unattended while logged onto the
system; exiting the database which contains any Confidential Information when leaving
the workstation; securing your terminal with a locking device if one has been provided;
and storing in a secure place any user documentation to programs through which
electronic access to any Confidential Information may be gained.
- 3 -
IV. All of your obligations in this Agreement will survive the expiry or any termination of
your relationship with the Municipality, and will continue in full force and effect
subsequently until they are satisfied or by their nature expire.
V. If any provision of this Agreement is illegal, invalid or unenforceable, it will be
severed. No waiver of any provision of this Agreement by the Municipality will
constitute a waiver of any other provisions (whether or not similar) or a continuing
waiver. This Agreement will be governed by Ontario law and the laws of Canada
applicable in Ontario. You and the Municipality agree to attorn to the non-exclusive
jurisdiction of the courts of Ontario for the resolution of any disputes arising out of, or
in connection with, this Agreement. This Agreement may not be assigned by you, but
otherwise will be binding upon and enure to the benefit of you and the Municipality and
the respective heirs, executors, administrators, successors and permitted assigns of you
and the Municipality.
VI. MTO Right to Enforce this Agreement: You and the Municipality acknowledge and
agree that:
(a) While MTO is not a party to this Agreement and has no obligations under this
Agreement, MTO will have the right to directly enforce your obligations in
clause III above as if MTO were a party to this Agreement;
(b) In furtherance of clause (a) above, the Municipality will be a trustee of MTO
(and MTO's successors and assigns) for the limited purpose of holding your
obligations in clause III above in trust for MTO (and MTO's successors and
assigns). (And to the extent that clause III incorporates any defined terms, the
definitions of such terms as provided in this Agreement will be considered to be
incorporated into clause III for the purposes of this clause VI);
(c) To avoid any doubt, this means that in addition to the Municipality enforcing
your obligations under this Agreement (in the Municipality's capacity as a
party to this Agreement), MTO (and MTO's successors and assigns) may also
enforce your obligations in clause III above in MTO's own right(and MTO will
not be required to add the Municipality as a party to any proceedings for such
enforcement); and
(d) The trust created in favour of MTO (and its successors and assigns), as
contemplated above, being coupled with an interest, may not be revised or
revoked without the prior written consent of MTO (or such successors and
assigns, as the case may be).
VII. You acknowledge that you have read and understand the provisions of this
Agreement (including, but not limited to, the Policies set out or referred to above),
and will comply with them and with any other Policies issued in the future by MTO
or the Municipality. You understand that failure to comply with the Policies or any
such other Policies or changes will be a breach of this Agreement and (among other
things) may result in civil or criminal prosecution in accordance with applicable
statutes.
Insert Name of Permitted Recipient
Authorized Signature of Permitted Recipient Date:
Insert Name of Municipality
Authorized Signature of Municipality Date:
i a
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SCHE,DITI.E. "A"of
NON-DISCLOSITRE AGREEMENT
PERMITTED RECIPIENT
EMPLOYER SE.CITRITY STATEMENT
(Permitted Recipient)
Permitted Recipient
Name:
Employee Name:
Division:
Position#:
Corporation of the Municipality of Clarington (the "Municipality") is licensed to receive
confidential and personal information (the "Information") from files and databases
administered by the Ontario Ministry of Transportation ("MTO"). Under an agreement with
the Municipality, (the "Permitted Recipient") has
been authorized to access the Information. The Municipality and MTO are committed to
protecting this Information from unauthorized access,use or disclosure. The following policies
have been adopted to address employees' responsibilities for handling and protecting this
Information.
1. As an employee of the Permitted Recipient, you may access this Information
only when necessary to perform your duties as such employee in the course of your
employment. You must not access or use this Information for personal reasons.
(Examples of inappropriate access or misuse of Information include, but are not limited
to: making inquiries for personal use or processing transactions on your own records or
those of your friends or relatives; accessing Information about another person,
including locating their residence address, for any reason not related to your work
responsibilities or not authorized by the Permitted Recipient.)
2. You may disclose Information only to individuals who have been authorized to
receive it through appropriate procedures which have been authorized by MTO.
(Examples of unauthorized disclosures include but are not limited to: looking up
someone's address for a friend.)
3. You must take reasonable precautions to maintain the secrecy of any password
you use to access Information electronically. Reasonable precautions include, but are
not limited to: not telling others your password or knowingly allowing them to observe
while you enter it at a terminal; and frequently changing your password (and, if you
suspect your password has been used by someone else, changing it immediately and
notifying the Permitted Recipient); and selecting random passwords that are not easy
for others to guess.
4. You must take reasonable precautions to protect data entry terminals and
equipment from unauthorized access. Reasonable precautions include, but are not
limited to: not leaving your terminal unattended while you are logged onto the system;
exiting the database which contains any Information when you leave your workstation;
securing your terminal with a locking device if one has been provided; storing in a
secure place any user documentation to programs through which electronic access to
any Information may be gained; and reporting any suspicious circumstances or
unauthorized individuals you have observed in the work area to the Permitted
Recipient.
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I have read and I understand the security policies stated above, and will comply with
them and any other security policies (or changes to policies) issued in the future by the
Permitted Recipient, Municipality or MTO. I understand that failure to comply with
these policies (or any such other policies or changes to policies) may result in disciplinary
action by the Permitted Recipient and/or civil or criminal prosecution in accordance with
applicable statutes.
Signature of Employee Date:
Witnessed By Date:
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SCHF.DITI.F, "B"of
NON-DISC'LOSITRF AGREEMENT
PERMITTED RECIPIENT
MTO AUDIT POLICY
(Permitted Recipient)
Permitted Recipient: ("you" or"your")
[Insert Name of Permitted Recipient]
Municipality Name: Corporation of the Municipality of Clarington (the
"Municipality")
This is the MTO Audit Policy referred to in the Permitted Recipient Non-disclosure Agreement
that you signed with the Municipality (the "Permitted Recipient Non-disclosure
Agreement").
Capitalized terms that are used in this MTO Audit Policy, but not defined in this MTO Audit
Policy, have the meanings given to them in the Permitted Recipient Non-disclosure Agreement.
In this MTO Audit Policy,the following defined terms have the following meanings:
"Audit" and similar expressions means the performance by, on behalf of or for MTO of
such audits, reviews, investigations, inspections, confirmations, certifications, tests, studies
and determinations of or relating to any matter or thing pertaining to what is contemplated
in clause(i)or(ii)of section 1 below.
"Business Day" means a day other than a Saturday, Sunday or a statutory, civic or public
service holiday observed in the Province of Ontario.
"include", "includes" or"including" mean"include without limitation", "includes without
limitation" and "including without limitation", respectively, and the words following
"include","includes"or"including"will not be considered to set out an exhaustive list.
"Privacy Default"means a breach of: (i) any Privacy Laws, or(ii) any of the provisions of
the Permitted Recipient Non-disclosure Agreement.
"Privacy Laws" means the Freedom of Information and Protection of Privacy Act
(Ontario), and the provisions of any other law from time that are applicable to you and that
address the collection,use or disclosure of personal information.
1. Right of Audit.
MTO will have the right, from time to time, to Audit such of your businesses and operations as
relate to, or are involved in,the your possession or control of Confidential Information.
Subject to the provisions of this MTO Audit Policy and applicable law (including the Privacy
Laws and the provisions of any other law from time that are applicable to MTO and that address
the collection, use or disclosure of personal information) from time to time (including any
disclosures that may be required by such laws), and subject to any agreements between MTO
and its employees from time to time, MTO will (and will require any third party representatives
referred to in section 3 to) hold in confidence any of your confidential information which is
disclosed or made available to MTO (or such third party representatives) in connection with an
Audit carried out under this MTO Audit Policy.
2. Timing of Audits.
The Audits contemplated in section 1 may be conducted at any time during your normal
business hours upon 24 hours' prior written notice (or, in the case of Audits relating to possible
Privacy Defaults,without prior notice).
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3. Authorized MTO Representatives.
MTO will have the right to engage third party representatives to perform Audits contemplated
in section 1.
4. Privacy Compliance.
(a) Privacy-related Audits. Without limiting the generality of section 1, MTO
will have the right to conduct the Audits contemplated in section 1, to measure
your compliance with: (A) the Privacy Laws; or (B) the provisions of the
Permitted Recipient Non-disclosure Agreement.
(b) Privacy Compliance Meetings. In addition to performing the Audits
contemplated under section 1.4(a),MTO may require you to meet with MTO to
review the results of such Audits as they relate to the matters referred to in
section 4(a). Such meetings will be held at such times and places as MTO may
mutually agree upon with you from time to time acting reasonably. However, if
as a result of any such Audit MTO has reason to believe that you have
committed a Privacy Default, MTO may require such meeting to be held within
one (1) Business Day of MTO notifying you in writing that MTO wishes to
hold such meeting.
5. Performance Reviews.
(c) Audits Relating to Overall Performance. Without limiting the generality of
section 1, MTO will have the right to conduct the Audits contemplated in
section 1, to measure your overall performance of your obligations under the
Permitted Recipient Non-disclosure Agreement.
(d) Meetings to Review Overall Performance. In addition to performing the
Audits contemplated under section 5(a), MTO may require you to meet with
MTO to review the results of such Audits as they relate to the matters referred
to in section 5(a). Such meetings will be held at such times and places as MTO
may mutually agree upon with you from time to time acting reasonably.
6. Location and Manner of Audits.
The Audits contemplated in section 1 may be conducted on-site at the location(s) of: (i) any of
your businesses or operations that relate to or are involved in the performance of your
obligations to the Municipality, or (ii) any media in your possession or control that contains
Confidential Information.
Such Audits may be conducted in whole or in part by remote electronic means if your computer
systems have the functional capability of facilitating such remote Audits.
7. Co-operation.
You must fully co-operate with MTO in facilitating the conduct of any Audits contemplated in
section 1, including providing such access, documentation, information, copies of
documentation and information, and assistance as MTO may reasonably request for the purpose
of such Audits.
8. Duration of Audit Rights.
MTO's Audit rights as contemplated in section 1 will be in force from the date you receive a
copy of this MTO Audit Policy to the date which is three years after you cease to be a Permitted
Recipient.
9. Correction of Defaults.
Without limiting or restricting any other obligations you may have, or rights or remedies MTO
may have,under this MTO Audit Policy or at law or in equity:
(a) You will, at your sole cost, correct any Privacy Defaults (including any
breaches of the Permitted Recipient Non-disclosure Agreement)
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identified through an Audit (and in respect of which MTO provides
written notification to you), and will do so as expeditiously as
reasonably possible and in any event within four (24) hours of
receiving notice of such Privacy Default from MTO.
(b) You will notify MTO in writing upon such breaches having being
corrected.
(c) After receiving such notification from you, MTO may conduct a follow
up Audit to confirm that all such breaches have been corrected.
(d) If requested by MTO in the notification referred to in section 9(a):
(i) you will provide to MTO, within five (5) days of receiving the
notification referred to in section 9(a), a reasonable written plan
outlining the steps you will take to ensure that such Privacy Defaults do
not occur again; and
(ii) you will implement the plan provided under section 9(d)(i).
10. Costs of Audit.
(a) All costs incurred by you in connection with the Audits contemplated
in section 1 will remain solely your responsibility.
(b) Except as provided in section 10(c), all costs incurred by MTO in
connection with the Audits contemplated in section 1 will remain
solely the responsibility of MTO.
(c) Despite section 1.10(b):
(i) if any Audit contemplated in section 1 discloses a material
uncured default by you under the Permitted Recipient Non-
disclosure Agreement, then you must reimburse MTO for
MTO's reasonable and verifiable costs of conducting such
Audit;
(ii) if any Confidential Information is in your possession or control
at a location outside of Ontario, then you must reimburse MTO
for MTO's reasonable and verifiable costs of conducting
Audits (as contemplated in section 1) at such location(s)
outside of Ontario. However, MTO shall only have the right to
obtain reimbursement under this section 10(c)(ii) in respect of
one such Audit in each calendar year. (Note: to avoid any
doubt, nothing in this section 10(c)(ii) will be considered to in
any way reduce or waive your obligations under section 4 of
the Permitted Recipient Non-disclosure Agreement.)
11. Without Prejudice.
To avoid any doubt, nothing in this MTO Audit Policy will be deemed to limit or prejudice
MTO's rights or your obligations under the Permitted Recipient Non-disclosure Agreement or
at law or in equity.