2002-140 To authorize the execution of an agreement between the Township of Oro-Medonte and the Simcoe County District Health Unit
I""
.
.
.
.
. . '
~.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2002-140
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT
BETWEEN THE TOWNSHIP OF ORO-MEDONTE AND THE SIMCOE COUNTY
DISTRICT HEALTH UNIT
WHEREAS the Municipal Act, R.5.0. 1990, Section 213, Chap. MAS, as amended
authorizes a municipality to pass a by-law regulating the smoking of tobacco and the
carrying of lighted tobacco products in public places within the municipality and to
designate public places;
AND WHEREAS the Municipal Act, R.S.O. 1990, Section 213, Chap. MAS, as amended,
authorizes a municipality to appoint inspectors for the purpose of enforcing such by-
law;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a By-law to authorize the Mayor and Clerk to execute an agreement
with the Simcoe County District Health Unit for the Enforcement of its By-law to Restrict
Smoking in Public Places ("Pulbic Places" By-law);
NOW THEREFORE the Council for The Corporation of the Township of Oro-Medonte
hereby enacts as follows:
1. THAT the Mayor and Clerk are hereby authorized to sign an agreement between
the Corporation of the Township of Oro-Medonte and the Simcoe County District
Health Unit, said agreement attached hereto as Schedule 'A' and forming part of
this by-law.
2. THAT this by-law come into full force and effect on the final passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 18TH DAY OF DECEMBER,
2002.
BY-LAW READ A THIRD AND FINAL TIME THIS 1 8thDAY OF December, 2002.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
~~~
M . .~, J. Neil Craig --
,~,.
e
e
e
This Agreement made this
day of
2002.
AGREEMENT
FOR THE PROVISION OF ENFORCEMENT
AND PROSECUTION SERVICES
BET WEE N:
THE SIMCOE COUNTY DISTRICT HEALTH UNIT
(the "Health Unit")
AND
THE TOWNSHIP OF ORO-MEDONTE
("Oro-Medonte")
(collectively referred to as the "Parties")
WHEREAS the Health Unit employs persons designated as Tobacco Enforcement
Officers who have expertise in the investigation of tobacco and smoking related offences
set out in the Tobacco Control Act, S.O. 1994, c. 10 and municipal bylaws, the laying of
charges pursuant to the Tobacco Control Act and municipal bylaws and the preparation
for and attendance at Court for the prosecution of such charges laid;
AND WHEREAS the Health Unit has retained a law firm to provide professional services
in connection with the prosecution of such charges as are laid by Tobacco Enforcement
Officers employed by the Health Unit;
AND WHEREAS Oro-Medonte passed on November 6,2002 bylaw number 2002-115
Being a By-law Respecting Smoking in Public Places in the Township of Oro-Medonte
which is effective January 1, 2003, (the "Public Places By-law") to regulate smoking in
public places.
AND WHEREAS Oro-Medonte passed on December 18, 2002 bylaw number 2002-141
Being a By-law to Appoint By-law Inspectors (Tobacco) to designate inspectors as
defined in its no smoking bylaws to include the Medical Officer of Health or any
employee of the Simcoe County District Health Unit acting under the direction of the
Medical Officer of Health and has stipulated certain Tobacco Enforcement Officers
employed by the Health Unit to be acting under the direction of the Medical Officer of
Health for the purposes of enforcing its Public Places By-law.
* ","
2
e
AND WHEREAS Oro-Medonte wishes to use the services of the Health Unit's Tobacco
Enforcement Officers to investigate, lay charges and prosecute smoking related charges
pursuant to its Public Places By-law and the Health Unit wishes to assist Oro-Medonte
with the enforcement of its Public Places By-law by providing to Oro-Medonte the
services of its Tobacco Enforcement Officers for the investigation and laying of charges
and the services of its solicitors to prosecute such charges;
AND WHEREAS the Health Unit and Oro-Medonte wish to enter into an agreement to
set out the terms upon which such services will be provided;
NOW THEREFORE in consideration of the promises and covenants herein, the Parties
agree as follows:
1. The Parties warrant that the recitals are true.
2. The Parties to this Agreement warrant that each person who signs this
Agreement on its behalf is authorized to represent that party and to bind it for all
purposes of this Agreement.
3.
The Health Unit shall provide Oro-Medonte with the services of its Tobacco
Enforcement Officers for the investigation of smoking related offences and the
laying of appropriate charges pursuant to Oro-Medonte Public Places By-law
2002-115, and Oro-Medonte shall appoint the Tobacco Enforcement Officers of
the Health Unit for the purpose of investigating offences and the laying of
charges relating to smoking offences under its Public Places By-law.
e
4. The Parties agree that Oro-Medonte shall not be charged directly for the services
of the Health Unit's Tobacco Enforcement Officers nor for the services of the
Health Unit's solicitors for prosecution of charges initiated by the Health Unit's
Tobacco Enforcement Officers. Rather, the cost for the provision of these
services relating to investigation, laying of charges and prosecution of these
smoking related offences shall be borne by the Health Unit. The Parties
acknowledge that the Health Unit will not provide legal services to Oro-Medonte
for the defence of any legal challenges to the charges laid by Oro-Medonte bylaw
enforcement officers. The Board of Health has approved provision of legal
support for any legal challenge to the validity of Oro-Medonte Public Places By-
law.
5. This Agreement shall be effective from the date that it is entered into by all of the
Parties.
6.
Each of the Parties may terminate this Agreement by providing 90 days written
notice of termination to each other. In the event of termination of this Agreement
by either party, the Health Unit agrees that it shall continue to provide
investigation and prosecution services to Oro-Medonte for any smoking related
charges laid during the 90 day notice period and shall continue to provide
prosecution services for those charges in the event that the applicable court
dates for those charges are outside of the 90 day notice period. The Parties
acknowledge that upon the expiry of the 90 day notice period, the Health Unit
e
f _,4
3
shall cease to provide services to Oro-Medonte in connection with investigation
and laying of charges for smoking related offences.
e
7.
The Parties agree that the terms of this Agreement shall be reviewed in
September, 2004 to determine whether there exists a sufficient level of public
compliance with Oro-Medonte Public Places By-law such that Oro-Medonte no
longer requires the on-going services of the Health Unit's Tobacco Enforcement
Officers and its solicitors. Should the Parties determine that the services are no
longer required, they may terminate this Agreement in accordance with the
provisions specified in paragraph 6 above.
8.
This Agreement shall ensure to the benefit of and be binding upon the
Parties hereto and their respective successors and assigns.
9.
Neither Party shall assign this Agreement or any portion thereof without the prior
written consent of the others.
10.
Any notice required pursuant to this Agreement shall be in writing and delivered
personally, by facsimile transmissions ("fax") or sent by registered mail to the
following addresses:
e
To the Health Unit at
Simcoe County District Health Unit
15 Sperling Drive
Barrie, Ontario
L4M 6K9
(705) 721-1495 (fax)
Attention: Joyce Fox
To The Township of Oro-Medonte at
Oro-Medonte Administration Office,
Box 1 00
Oro, Ontario
LOL 2XO
(705) 487-0133 (fax)
Attention: Clerk
Or to such other addresses either of the Parties may indicate in writing to the
other. Any notice given in accordance with this shall be deemed to have been
received:
e
(i)
(ii)
Upon delivery, if delivered personally
At the time of transmission if sent by fax during regular business
hours, or on the next business day, if sent outside of regular
business hours; or
Five (5) days after posting, if sent by regular mail.
(Hi)
11. Except as otherwise stated herein, this Agreement constitutes the entire
agreement of the Parties, with respect to the provision of services of the Health
.".
4
e
Unit's Tobacco Enforcement Officers and its solicitors by the Health Unit to Oro-
Medonte and supercedes any previous agreement whether written or verbal.
Should any provision or any part of any provision of this Agreement be declared
null, void or inoperative, the remainder of the Agreement shall remain in full force
and effect and shall be interpreted as a complete entity.
SIMCOE COUNTY DISTRICT HEALTH UNIT
Title: ~~aith
Name: Dr. George Pasut
Date:
2002
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
e
. ~OA rl-
Cle
~,WC:~
Ti~ : Mayor
Date: I ~ day of 2002
Date: I?: day oU ?002
e
December 6, 2004
Simcoe County District Health Unit
15 Sperling Drive
Barrie, ON L4M 6K9
Attention: Joyce Fox, Director
Healthy Living and Clinical Services
Dear Ms. Fox:
Re: Enforcement of Smoke Free By-laws
In response to your letter of November 1,2004, please be advised that Council of the
Township of Oro-Medonte passed the following resolution at the meeting held on November
17,2004:
"Be it resolved that the correspondence dated November 1, 2004 from
Joyce Fox, Director, Simcoe County District Health Unit, re: Enforcement
of Smoke-Free By-Laws in The Township of Oro-Medonte be received;
and further that The Township of Oro-Medonte renew the existing
agreement with Simcoe County District Health Unit for the enforcement of
the Township's Smoking Prohibition by-laws."
It is therefore confirmed by resolution of Council that the Agreements for the
Provision of Enforcement and Prosecution Services between the Simcoe County
District Health Unit and the Township of Oro-Medonte dated December 18, 2002
for Public Places (by By-law No. 2002-140) and June 18, 2003 for Work Places
(by By-law No. 2003-056) be renewed subject to the provisions of the foregoing
agreements and at no additional cost to the municipality.
Thank you for your efforts in the enforcement of these by-laws and your on-going
education efforts in the community.
Marilyn
Clerk
c.c. Mayor and Members of Council
ADDENDUM TO THE
AGREEMENT
FOR THE PROVISION OF ENFORCEMENT
AND PROSECUTION SERVICES
BETWEEN:
THE SIMCOE COUNTY DISTRICT HEALTH UNIT
Renamed
THE SiMCOE MUSKOKA DiSTRiCT HEALTH UNiT
(the "Health Unit")
AND
THE TOWNSHIP OF ORO.MEDONTE
(HOro-Medonte")
(collectively referred to as the "Parties")
The Parties acknowledge the change in the agency name from the Simcoe County District Health
Unit to the Simcoe Muskoka District Health Unit effective April], 2005. The Parties agree to the
continuation of the contract for enforcement services provided by the Health Unit related to By-
law number 2002-] IS Being a By-law Respecting Smoking in Public Places, and By-law number
2003-35 Being a By-law Respecting Smoking in the Workplace, in the Township of Oro-
Medonte, under the new Health Unit name of The Simcoe Muskoka District Health Unit. This
amendment to the Enforcement Agreement is effective immediately upon signing of the
addendum, and shall continue until notice of termination is provided by either party in accordance
with Section 10 of the December] 8, 2002 Agreement and Section JO of the June 18, 2003
Agreement. All terms and conditions of the original agreement signed by the parties in December
2002 and June 2003 shall remain in effect.
Simcoe Muskoka District Health Unit
~ ~~ Date:
Srt-
day of
f)1tu1
j
2005
Title: Medical Officer of Health - Dr. George Pasut
THE Corporation of The Township
Jtuj J ID
J ~eil cra~ Date: "
Title: Mayor
{~;iJt~'}~~1'Date: /1
Title: Clerk
of Oro-Medonte
day of
~i
',. -" ,
" } j
.2005
day of
/; , : IJ
t f"d[ .J ~ k:-
~,
,
.2005
~--~--_.._.-
RECEIVE
MAY 1 8 2005
ORO-MEDONTE
TOWNSHIP