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50-2000Prov.OffenceTransferAct
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50-2000Prov.OffenceTransferAct
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Last modified
5/19/2017 2:30:46 PM
Creation date
1/4/2001 7:47:16 PM
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C - Council, Boards and By-laws
C - Council, Boards and By-laws - Date
12/20/2000
C - Council, Boards and By-laws - Department
Council Services
C - Council, Boards and By-laws - Description
A by-law authorizing participation of the Corporation of the County of Essex in the Provincial Offences Act Transfer Program for the Windsor/Essex Court Service Area
C - Council, Boards and By-laws - Bylaw No
50-2000
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By-law
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THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 50-2000 <br /> <br />A BY-LAW AUTHORIZING PARTICIPATION <br />OF THE CORPORATION OF THE COUNTY <br />OF ESSEX IN THE PROVINCIAL OFFENCES <br />ACT TRANSFER PROGRAM FOR THE <br />WINDSOR/ESSEX COURT SERVICE AREA <br /> <br /> WHEREAS Section 176 under Part X of the Provincial Offences Act, R.S.O. <br />1990, c.P.33, as amended, (the "POA") authorizes a municipality to enter into a 'q'ransfer <br />Agreement" with the Attorney General to perform court administration and court support <br />functions, and to conduct certain prosecutions under Part I of the POA as well as certain <br />proceedings under the Contraventions Act of Canada, within a court service area; <br /> <br /> AND WHEREAS the Corporation of the County of Essex is situate within the <br />Windsor/Essex Court Service Area [the "Area"]; <br /> <br /> AND WHEREAS the Corporation of the County of Essex, and all of the other <br />municipalities within the Area, have, by resolutions of their respective Councils, <br />authorized The Corporation of the City of Windsor [the "City"], on their behalt; to enter <br />into negotiations with the Province, in order to become party to such a Transfer <br />Agreement as "Municipal Partner" relative to the Area; <br /> <br /> AND WHEREAS Section 206.1 (1) of the Municipal Act R.S.O. 1990, c.M.45, as <br />amended, authorizes the entering into intermunicipal agreements for the performance of <br />functions under Part X of the POA by municipal employees; <br /> <br /> AND WHEREAS the Council of the Corporation of the County of Essex, <br />together with the other proposed "Serviced Municipalities" within the Area, wish to <br />establish terms and conditions for the use of employees of the City for purposes of court <br />administration and support and conducting prosecutions in tandem with provisions of the <br />local POA Program, for cost and revenue sharing matters, for dispute resolution, for the <br />structure of the Program and associated matters. <br /> <br /> THEREFORE the Council of the Corporation of the County of Essex enacts as <br />follows: <br /> <br />1. The entering into, by the Corporation of the County of Essex, of the <br />Windsor/Essex Area Intermunicipal Courts Service Agreement ["ISA"] in <br />the form or substantially the form of the specimen presented to Council at <br />the December 20th, 2000 regular meeting, is hereby approved and <br />authorized and, without limiting the generality thereof: <br /> <br /> <br />
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