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Staff Report
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Report To: General Government Committee
Date of Meeting: February 18, 2020 Report Number: ESD-002-20
Submitted By: Gord Weir, Director of Emergency Services
Reviewed By:
File Number:
Report Subject:
Andrew C. Allison, CAO
Resolution#: GG-096-20
By-law Number: 2020-010
Establishing a Motor Vehicle Collision Cost Recovery Program and
Amendment to Fees By -Law Schedule B
Recommendations:
1. That Report ESD-002-20 be received;
2. That the Motor Vehicle Collision Cost Recovery Program for Municipal Roadways
(both Municipal and Regional Roads), be approved; and
3. That the by-law to amend Schedule B of By-law 2010-142, a by-law regarding the
payment of fees for information and services provided by the Municipality of
Clarington, attached to Report ESD-002-20 as Attachment 1, be approved.
Municipality of Clarington
Report ESD-002-20
Report Overview
Page 2
To establish a Motor Vehicle Collision (MVC) Cost Recovery Program for Municipal
Roadways (both Municipal and Regional Roads) and include the fees for this Program in
Schedule B of the Fees By-law.
1. Background
1.1 The Municipal Act, 2001 (S.391(1)a) provides that a municipality may impose fees or
charges "for services or activities provided or done by or on behalf of it". The Act also
provides that the "costs included in a fee or charge may include costs incurred by the
municipality related to administration, enforcement, and the establishment, acquisition
and replacement of capital assets".
1.2 Clarington Emergency and Fire Services (CEFS) provides a variety of services to the
residents of Clarington, as well as providing emergency services for those who travel
through our Municipality. The costs to provide these fire services are funded from
municipal taxes.
1.3 CEFS currently bills the Ministry of Transportation (MTO) for emergency responses on
the 400 series highways and has identified that creating a Cost Recovery Program for
municipal roadways (both Municipal and Regional Roads) could also be a potential
source of cost recovery.
2. Discussion
2.1 Staff have been in discussion with other municipal fire departments within Durham
Region that have identified that a revenue source could be established by adopting a
service fee for attending MVC's on municipal roadways. This revenue would offset
operational costs for services provided at these incidents.
2.2 Table 1 shows CEFS response history to MVC incidences on municipal roadways. This
data has not been determined to be billable.
Municipality of Clarington
Report ESD-002-20
2.3 Table 1: Potential Billable Responses
Page 3
Invoice "At Fault
Estimated 50%
Drivers" at $485.00 per
MVC Calls for
Being Billable
Apparatus (two
Years
Clarington on
responding apparatus)
Municipal Roads
(If MVC had been
in place)
(If MVC had been in
place)
2018 (Jan — Dec)
321
160
$155,200
2017 (Jan — Dec)
333
166
$161,020
2016 (Jan -Dec)
309
154
$149,380
Total
963
480
$465.600
Three Year
321
160
$155,200
Average
3. Proposal
Motor Vehicle Collision Cost Recovery Program
3.1 Based on the data provided in Section 2, staff are proposing to implement a service fee
that would be applied to MVC's on municipal roadways (both Municipal and Regional
Roads) that involve non-residents who are deemed by police to be `at fault'.
3.2 The service fee for emergency services would be issued at the Provincial remuneration
rate. The current rate is $485.00 per vehicle for the first hour or part thereof and
$242.50 per vehicle for each additional one-half hour or part thereof.
Municipality of Clarington Page 4
Report ESD-002-20
3.3 CEFS recommends the MVC cost recovery program be structured as follows:
a. Invoice at fault driver, when known (non Clarington residents only)
b. Apply ARIS search fee to invoice (current rate of $14 per vehicle search)
c. CEFS Administration shall provide the Municipality of Clarington's Finance
Department with the necessary documents to complete the invoicing process for the
program.
3.4 Staff are proposing that, within Schedule "B" Emergency Services section, of By-law
2010-142 the following fees be introduced as outlined in the attached proposed By-law:
"Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional
Roads) - Non Clarington Resident - per vehicle for the first hour or part thereof -
Current Provincial Remuneration Rate plus Authorized Requestor Information
Services fee"
"Motor Vehicle Collisions on Municipal Roadways (both Municipal and Regional
Roads) — Non Clarington Resident — per vehicle for each additional one-half hour
or part thereof — Current Provincial Remuneration Rate plus Authorized Requestor
Information Services fee"
Plate Inquiry Fee
3.5 Determining non-resident `at fault' drivers is achieved through inquiring in the MTO —
Authorized Requestor Information System (ARIS). The current charge is $14 per licence
plate inquiry. To offset the cost, CEFS will add this inquiry fee to the `at fault' driver's
invoice.
4. Concurrence
This report has been reviewed by the Director of Finance/Treasurer and the Municipal
Solicitor who concur with the recommendations.
Municipality of Clarington
Report ESD-002-20
5. Conclusion
Page 5
It is respectfully recommended that Council approve the Motor Vehicle Collision Cost
Recovery Program as outlined in this report and that the proposed fee for services
performed by CEFS at motor vehicle collisions on municipal roadways be adopted as
outlined in Attachment 1 By-law to amend Schedule B of the Fee By-law 2010-142.
Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2802 or
gweir@clarington.net
Attachment:
Attachment 1 - By-law to amend Schedule B of the Fee By-law 2010-142
There are no interested parties to be notified of Council's decision.
Corporation of the Municipality of Clarington
By-law 2020-
Being a by-law to amend Schedule B of the Fee By-law 2010-142, Clarington's
Fee By-law.
WHEREAS the Council of the Municipality of Clarington adopted the recommendations
contained within Report ESD-002-20 to implement a Motor Vehicle Collision Cost
Recovery Program for Municipal Roadways.
Now Therefore Be It Resolved that the Council of the Corporation of the Municipality of
Clarington enacts as follows:
That the Emergency Services Section of Schedule "B" to By-law 2010-142 be
amended to add the following as the third item:
"Motor Vehicle Collisions on Municipal Roadways (both Municipal and
Regional Roads) - Non Clarington Resident - per vehicle for the first hour
or part thereof - Current Provincial Remuneration Rate plus Authorized
Requestor Information Services fee"
2. That the Emergency Services Section of Schedule "B" to By-law 2010-142 be
amended to add the following as the fourth item:
"Motor Vehicle Collisions on Municipal Roadways (both Municipal and
Regional Roads) - Non Clarington Resident - per vehicle for each
additional one-half hour or part thereof - Current Provincial Remuneration
Rate plus Authorized Requestor Information Services fee"
3. This By-law shall come into force and take effect on the date of the passing
hereof.
BY-LAW passed in open session this 12020.
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk