HomeMy WebLinkAbout00 022 MTO Confident Info Agree
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2000 - 22
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
PROVINCE OF ONTARIO TO RECEIVE CONFIDENTIAL AND PERSONNAL
INFORMATION FROM DATABASES ADMINISTERED BY THE ONTARIO
MINISTRY OF TRANSPORTATION
WHEREAS it is in the best interests of The Corporation of the Municipality of
Kincardine to enter into an Agreement with the Provincial Govemment to receive
confidential and personal information form databases administered by the
Ontario Ministry of Transportation;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement with the Provincial Government to be licensed to receive
confidential and personal information from databases administered by the
Ontario Ministry of Transportation.
2. That the Mayor and Clerk be authorized to sign, on behalf of The
Corporation of the Municipality of Kincardine the Agreement with the
Provincial Government, attached to this by-law and to affix the
Municipality's corporate seal as and when required.
3. That this by-law shall come into full force and effect upon its final passage.
4.
That this By-law may be cited as the "MTO Confidential Information
Agreement By-Law".
READ a FIRST, SECOND and a THIRD time and DEEMED TO BE PASSED this
9th day of February, 2000
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TIßS AGREEMENT MADE IN DVPUCATE THE J!1RST DAY OF JULY, 1998.
GOVERNMENT AUTHORIZED REQUESTER AGREEMENT
TIßS 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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The Corporation of the Municipality of Kincardine (9485), a Municipality in the Province of
Ontario
(bereinafter referred to as the "Municipality").
WHEREAS the MInistry maintains ~r databases containing residential address infonnation
pertaining to the registered holders of motor vebicle licence plates, (herein referred to as "Infonnation
Products");
AND WHEREAS the Municipality requires access to the Infonnation Products for the purpose of
commencing a legal proceeding against a registered licence plate holder who bas committed 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 Ibis Agreement;
NOW THEREFORE the MInistry and the Municipality, in consideration of the promised and
rnutual covenants hereinafter contained, do hereby agree as follows:
1.0 Grant of licence
1.1 Grant
The Municipality is granted berein a non-exclusive, non-as.igJ1.hle and non transferable licence to
access and use the Information Products, subject to the terms of Ibis Agreement.
1.2 Title
The Municipality agrees and acknow1edges that the Ministry owns all right, tide and interest in the
Infonnation Products and other proprietary rigbts. This licence is not a sale of any or all of the
Ministry's right, tide or interest of any kind whatsoever.
1.3 (I) Authorized Use
The Municipality warrants that the Infonnation Products and the infonnation contained therein shall
be beld in strict confidence for the exclusive use of the Municipality and that the Municipality shall
not use the MInistry's Infonnation Products for any purpose except for that wbieh bas 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 bas been connnenced by the Municipality against the registered licence plate
holder where it is alleged that the registered licence plate holder bas committed an infraction
against a parking by-law enacted by the Municipality; and
(b) to bave Information Products certified by the MInistry for legal proceedings where it is
alleged that the registered licence plate holder bas committed an infraction against a parking
by-law enacted by the Municipality.
(2) The Municipality warrants that it bas statutory authority under the M'micinal Freedom of
Infonnation and Protection of Privacy Act for accessing the personal information contained in the
Information Products.
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1.4 Data MatchiDg 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 IÌOm the Infonnation Products. "Personal information" for the
pmposes hereof shall have the _.ann,g as defined in sub-section 2( I) of the Freedom of Information
and Protection ofPrivacv 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 Infonnation Products relate, directly
or indirectly other than as authorized.
1.6 Document Destruction
The Municipality shall destroy the Infonnation 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 IÌOm use of Information Products shall be
binding upon its successors. This Article shall survive the expiry or termination of Ibis Agreement.
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1.8
AppUcabUlty 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 I, 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 Ibis Agreement.
2.0 Terms
2.1 Terms and Renewal
The term of Ibis Agreement shall be for an Initial Term of 12 months, ftom 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, Ibis Agreement may be terminated by either party giving to the other party
thirty (30) days written notice. of termination.
2.3 ConDict with Privacy Laws
This Agreement is subject to any restrictions, linùtations or provisions enacted by the MInIstry or the
Province of Ontario, wbich may affect any of the provisions or terms set forth herein, including the
right to linùt the information included in the Information Products, in any manner. In addition, the
MInistry shall have the right to cancel Ibis Agreement forthwith, in the event of specific conflict with
the provisinn of any legislation or regulation affecting fteedom of information, or protection of
privacy.
3.0 Transmission of Wonnation Prodncts
3.1 Transmission of InformaUon 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 prescnDed therein. Schedule
"A" is incorporated into, forms a part of and is subject to the terms and conditions oflbis Agreement.
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4.0 Fees & Char2es
4.1 Payment of AmolUlts
(I) The Municipality shall pay the MInIstry the following amounts for accessing the MInIstry's
Infonnation Products:
(a) $8.75 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 subaection 18.2(6) of the Provincial Off= 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, $8.75 of every allowance of $9 that the Municipality
receives for each fine that it collects in connection with a conviction under section 18.4 of
the Provincial ~ Act (deemed not to dispute charge due to faihrre 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 MunicipaUty receives an allowance of less than $9.00 as authorized by subsection
12.1(1) ofO. 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 ofSO.25, up to the amount ofS8.75.
4.2
Method and Tlmln ! ofPavment
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Subject to Article 4.3 herein, the Municipality shall remit a payment by cheque wbieh 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 he the amount owing to the
MInIstry ftom the previous calendar month.
4.3
FIrst Payment
The Municipality shall remit the first payment by cheque to the Ministry which shall be received by
the MInistry on or before October 15, 1998 for the amount prescribed under Article 4.1 herein. The
payment that is remitted shall he the amount owing to the MInistry that was incurred between July I
and September 30, 1998.
4.4 Pa.......n. Information
Any payments owing to the Ministry under Ibis Agreement or the Schedules made hereunder shall he
made payable to the Minister of FinancelMTO. All payments and any reports that are required to be
sent to the MInistry under Ibis 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 ReDortlnl!
5.1 MonthIyReport
The MunicipaUty shall duly complete and remit to the MInistry a monthly report which is contained
in Scbedole 'B'. which forms part of, is incorporated into, and made a part of Ibis 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 calP.Dd'T 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 a10ng 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 amwa1 report as prescn"bed in
Schedule "C", wbieh is mcorporated into, forms a part of, and is subject to the terms and conditions
of Ibis ~t. The first amwa1 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 I, 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 I to March 31) and CWIDJlative data from July I, 1998.
5.3 MInistry Reports
(I) The MinIstry shall duly complete and send an amwa1 report to the Municipality as prescn"bed in
Schedo1e "D", which is incorporated into, forms part of and is subject to the terms and conditions of
Ibis Agreement. The report shall be remitted and received by the Municipality on or before May I"
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 I to March 31), except for the first amwa1 report which
shall correspond to the period from July I, 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 whieb shall monitor the performance of the subject matter
prescribed by Ibis Agreement.
5.4 Records
The MInistry and the Municipality shall produce and "",inmin written recorda, which shall be
sufficient to enable both parties to produce the reports that are prescribed in Schedo1es "B", "C' and
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5.5 Recorda 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 certi1ÿ the accuracy and
completeness of the written records that the MInistry, or the Municipality, as the case may be, is
requirOO to "","""in and produce.
The Ministry:
(Tide)
(Telephone Number)
Supervisor, Data Access & Control
(416) 235-4731
The MunieipaIity: Fre A'N" a æ E1:..Ñ
(Tide) ""By. ~ÞlW ~tJFoRC.-e-f'r\EõNT D1='1'\C~R
(Telephone Number) (Siq) 39'- 'Z. 2. S7
5.6 ConOict
In the event of a conf1ict between the information contained in the records or reports produced and
lfUIintoinpd by the Municipality, and the infonnation contained in the records or reports produced
and "",i""'inOl:! by the MInistry, the parties shall resolve the conflict in the manner prescn"bed by
Article 9.10 herein.
5.7 AccountNumber
The MInistry shall assign a unique account rIUIOOer to the Municipality and the Municipality shall
use Ibis account rIUIOOer solely for the purpose of identifying itself to the MInistry pursuant to Ibis
Agreement, including wilen accessÜ g and obtaining Information Products. The unique account
number shall only be used as authorized by the MInistry.
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6.0.
6.1
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Secnritv and Audit
Seeurlty
(a) The Municipality shall moi"",in the security and integrity of the information and
Information Products which it receives, and it shall comply with such security requirements
as are ftom time to time specified by the MInistry, which includes keeping the information
and Information Products in a physically secme location to which access is restricted.
(b) The Municipality is responsible for the selection, implementation, and maintenance of
"I'I'IUI"jaje security products, tools, and procedures sufficient to meet Ministry
requirements for protecting Information Products ftom imptoper 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 Ibis Agreement by requiring all eIqJloyees who shall have access to
such information to enter into and comply with an EIqIloY\'l"lEmployee Seeurity Statement
("Security Statement") wbich is contained in Schedule "E" and which is incorporated into,
made a part of, and subject to the terms and conditions of Ibis Agreement. The Security
Stateruent 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 tàilure on its part to bind an employee and to ensure his or her comp1iance 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 mom,"m a copy of all
Security S... ~..,.,- that it bas entered into for a period of three (3) years ftom 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 MUDidpaIlty is approved to receive residential addresses, the Municipallty may only
disclose residenri.1 address information subject to the provisions of the M"nnidnal Freedom
of Infnnnorion and Protection of PriV8CV Act (R.S.O 1990, c.M56), as may be amended
ftom time to time.
6.2 Audit
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7.0
7.1 Default
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The MUDlcipality 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 regu\ar business hours. All records created by, or as a result of
Ibis Agreement shall be subject to inspection and audit by the MInIstry for a period of three (3) years
from the date they are created.
Default
In the event of the defàuIt of any of the terms and conditions in Ibis 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
"I'l"upriate administrative, civil and/or criminal remedies for default of the Agroementprovisions.
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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 mmicipality;
(b) the Municipality bas submitted false or misleading information to the MInistry or makes a
false representation in Ibis Agreement;
(c) there is a change in legislation or regulations which affects the terms and conditions of Ibis
agreement;
(d) the MUDidpaüty fails to meet a term or condition oflbis Agreement; or
(e) the MUDidpallty bas distribuœd restricted or confidential information to any person for a
reason DOt authorized herein.
7.3 Surrender of Information Products
Whenever the Municipality account is suspended, cancelled or revoked or upon termination of Ibis
Agreement, the Munidpaüty 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 fu1fi1 its obligations as set out in Article 9.7 herein,
DOt 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 contioue to remain
hound by the DOn-disclosure provisions hereof wbich shall SUIVive termination of Ibis Agreement and
shall remain in full force and effect.
8.0 Certification of Records
8.1 Certification by Registrar
The MUDidpaüty shall only request 1bat Infonnation Products be certified by the Ministry (Registrar
of Motor Vebicles) when either the Munidpaüty is required to do so for the purpose of legal
pro<'~;ngl' or for some other purpose required by law.
8.2 TraJlSPlisslon of Certified Information Products
The Ministry shall transmit to the Municipality all Information Products which it bas certified in
paper format. Despite Schedule "A" of Ibis 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
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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 Munidpality agrees to defend, indemnify and hold barmless the Ministry and its officers, agents
and employees from any and all, actioDS, 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 dis....mn.ûon by the MUDidpaüty or its officers, agents, or employees, of Information
Products furnished to the Municlpaüty by the Ministry, or by reason of inaccmate or out-of-date
information contained in Information Products furnished to the Municipality by the Ministry. This
indemnification shall SUIVive the expiry or termination of Ibis Agreement.
9.3
Umitation of Liability
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The MInistry makes DO warranty, express or irq)lied, with respect to the Infonnation Products, the
accuracy or completeness of information contained therein, or that they shall be fit for any purpose.
In DO 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 Ibis Agreement.
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9.4 Foree 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,
strilœs, walkouts, connmm;cation line or power failure, or tàilure, inoperability or destruction of
computer hardware, software or firmware (unless by reason of the negligence of a party to Ibis
Agteen.ent).
9.S 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 Ibis Agreement. The Minlstry'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 coostitute a mewotaOdum 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 audlor delivered. Each party acknowledges that in
any legal proceedings between them Iesp...Mg or in any way related to an Information Product, it
hereby expressly waives any right to raise any defence of waiver of1iability based upon the absence of
a memorandum in writing or of a signature.
9.7 Evidence
Any computer printout made pursuant to Ibis Agreement shall be considered to be an "original" when
maintained in the normal comse of business and shall be acceptable by hoth parties to the same extent
and under the same conditions as other business records maintained in documentary fonn. Each party
agrees that any written records required to be kept by either party pursuant to Ibis Agreement shall be
admissible in any legal, administrative or other pror-V 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 du1y certified permanent copy of such
records in evidence.
9.8 Non-Assignability
This Agreement is not .....;g,..hle 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 Ibis Agreement have been breached.
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9.10 Ohjection 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.
10 the event of a dispute arising out of or in coœection with Ibis Agreement, the parties' contact
person shall initially attempt to setde the dispute. If they are unable to do so within two (2) weeks,
they shall refer the dispute to their íesp...ti..e 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 hoth parties. Any decision of such mediator shall be a
,..ro.....~..dation for resolution of the dispute but shall not be binding on a party without its consent.
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9.11 Notices
Except where otherwise specified herein, any notification to be given under the provisions of Ibis
Agreement shall be in writing and shall be given by persooal 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 ofTransportation
2680 Keele Street
Main Floor, East Building
Downsview ON M3M 3E6
Attention:
Co-ordinator
Busineas Information Services
Tel: (416) 235-4832
Fax: (416) 235-4414
To the Municipality:
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The Corporation of the Municipality of Kincardine
707 Queen St.
Kincardine ON N2Z 1Z9
Attention:
Rosaline H. Graham
Clerk
Tel: (519)
396-3468
Fax: (519)
- 396-8288
Notices shall be deemed to have been effectively given on the date of persooal delivery, the date of
electronic fàcsimi1e tro,,""¡.,;nn or the date of delivery by courier service, or in the case of service by
registered mail five (5) days after the date ofmailing.
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 defåult, shall not constitute a waiver by the MInistry of its
rights under Ibis Agreeme4t. No waiver of any rights under Ibis Agreement shall be
effective unless in writing, duly executed by the Ministry.
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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 Ibis Agreement. Except as
expressly provided herein, Ibis Agreement may be amended or modified only by an
instnnnent in writing executed by each of the parties.
9.14 Survival of Provisions
Each provisinn of Ibis Agn.,.....d wbieh, in order to give effect thereto, is requited to
survive lemlination of Ibis Agreement, shall do so and shall continue in full force and effect
until indicated in writing by the MInistry.
9.15
Jurisdiction of Contracl
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A contract created pursuant to Ibis 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 Ibis 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 Ibis Agreement, words importing the singular number include the plural and vice
versa, words importing the masculine gender include the feminine and neuter genders;
words w...u..1Ïu¡¡ persons include individoa1s, sole proprietors, corporations,
partoemhips, trust and unincorporated associations.
IN WITNESS WHEREOF, each of the parties hereto have executed Ibis Agreement.
Ministry of Tnnsportation Official
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fLDIrector licensing and Control
The Corporation of the Mnnicipality of Kincardine
R ~r-r""1"'n u..
Name 0 "
~\\I.,e.. 1VI. G...-c>.~1M
Title c.. \ e -r"'-
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SCHEDULE 'A': TRANSMISSION OF INFORMATION PRODUCTS
A.I Transmission of Information Prodncts
The Municipality shall indicate by affixing the signature of an official wbich 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
Infonnation Products by one means of transmission, it shall not be eligible to request and receive Information
Products by another means of transmission unless it bas received the approval of the MInistry.
ELECTRONIC DATA TRANSMISSION (EDT)
A.2 Telecommunications Link
The Municipality shall e1ectronically access the MInistry's Information Products through a
telecommunications link to be estab1isbed 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 Ibis 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 Ibis Agr",,~.u.
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 eleclrouic documents, as con~lated by Ibis 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 Mnnldpality is hereby entided to an acknowledgement of receipt
from the Ministry and reasonable efforts to assist when tài1ed 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
Infonnation Products in the manner and at the time prescribed by 1be Ministry. The connectivity costs shall
include a one time set up fee of $250.00 for a Personal ~ (PC) connection or $1,100.00 for a
main1ìame 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 Infonnation 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 vis the EDT of the request for Information
Products and such contract shall contain the infonnation set out in the request for Information Products and
shall incorporate and be subject to the terms and conditions of Ibis Agreement.
A.8 Data Processing
The Municipality agrees to ....inIMn control of the requests for and receipt of the Information Products from
its bead office. From Ibis head office, the Municipality also agrees to ....i""'in control over all activities
related to 1be authorized uae set out in Article 1.3 herein, at all times during the term of Ibis agreement.
A.9 EDT Snpport
Each of the parties hereto shall:
. designate herein a service co-ordinator who shall be responsible for all issues and cnmmnmrAltions with the
other related to EDT;
. designate herein a tecbnica1 advisor who shal1 be the primary contact for tecbnica1 conmmications with the
other related to EDT;
.
- 11-
. inform the other of the names of their service co-ordinator and technical advisor in the space provided herein
before any requests for Infonnation Products are made as authorized by Ibis Agreement; and
. prompdy inform the other when another individual is assigoed to either of these positions.
Additional support personnel may be designated by ßDltual agreement.
A.I0 Authorization
Each party shall establish such systems or methods of controlling the \ran!m1i..,¡on of its documents as it
considers appropriate, and warranIs that each document ofwbich it is the sender is duly authorized and binding
upon it.
A.ll Incomplete, Inaccnrate 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 \ran!m1i...ion, or not intended for it, it shall not respond to the request, pending further c1arification
by the Municipality. The Municipality shall prompdy 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.
AU cmnmnnications initiated pursuant to Ibis Article are at the expense of the Municipality.
A.12 Security
The Municipality shall ensure that each ~loyee, representative, or agent bas a user identification number
(called a "USERID") and a security code to make requests for and receive Information Products under Ibis
Agreement. Requests for Information Products wbieh 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 ofUSERID's.
A.13 EDTFaßure
If requests for Infonnation 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
tr¡In'"1'Ì8'lÏoœ prompdy.
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 - T.....-liate:
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 T""""<liate Batch Transaction means between 2 and 100 requests for Information Products contained in one
hatch transaction that is received by the MInistry. It is expected, but not guaranteed, that 90% of TtnrrIP1Iiate
Batch Transactions shall be processed and tronomitted to the MWIicIpality 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 Infonnation 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.
ElectroDie Data Transfer -"'n-Iwts - EDT HeIn Desk
EDT Tedmical Advisor (MiDistry)Telephone number: ( 416) 135-1366 or 14100-461-5538
COI'rdin_r. Business Information Services
EDT Service Coordinator (MInistry) Telephone nnmber: (416) 235-4832
.
EDT Tedmical Advisor (Municipality) Telephone Number: ( )
EDT Service Coordinator (Mpnlelp'lllty) Telephone nnmber: ( )
"Iii. I:
, f":: ?-
"
-12 -
The Municipality requests that Information Prodncts be transmitted by Electronic
Data Transmission (EDT) and agrees to be bound by the terms and conditions
prescribed hereof,
Name
Title
Date
MAGNETIC TAPE OR DISKETTE
A.IS Magnetic Tape or Diskette
The Municipality shall access the MiDistry's Information Products by submitting a magnetic tape or diskette
to the MinIstry in the format prescnòed by the MInistry.
A.19 Provision of Information Products
Upon receipt of the magoetic tape or diskette, the MInistry shall provide Information Products to the
Munldpality on the magnetic tape or diskette.
The Mnnicipality rtqnests that Information Products be transmitted by Magnetic
Tape or Diskette and agrees to be bound by the terms and conditions prescribed
hereof.
Name
Title
Date
.
PAPER FORMAT
A.20 Wrltteu Request
The Municipality shall access the MInistry's Information Products by submitting a written request to the
Ministry by fàx or by mail.
A2l ProvisIon of Information Prodncts
Upon receipt of the written request, the MInistry shall provide Information Products to the Municipality by
printing the Infonnation Products onto paper, and transmitting the Information Products by mail.
The Municipality requests that Information Prodncts be transmitted in Paper Format
and agrees to be bound by the terms and eonditions prescribed hereof.
Name
.
Q~\,...o
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-16-
SCHEDULE "E"
Government Requester Employer\Employee Security Statement
Employee Name: ... Ie A '" K ª~EE t1
Division:
Position#: "ßy. LA-w E"Ñ'F"ðRCe-LI"\l'?"" Cf:'FIc:!E"'2
The Corporation of the Mnnicipality of Kincardine, hereinafter referred to as the
Municipality, is anthorized 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 nnauthorized 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, yon may access information only when
necessary to perform work assigned by a supervisor in the conrse of your
employment. You must not access or nse the information from any Ministry
file or database for personal reasons. (Examples of inappropriate access or
misnse of information inclnde, 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 abont another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or anthorized by your snpervisor.)
2. Yon may disclose information from a Ministry database or file only to
individnals who have been authorized to receive it through appropriate
procednres which have been authorized by the Ministry, (Examples of
unauthorized disclosnres include but are not limited to: looking up
someone's address for a friend.)
I have read and I understand the secnrity 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 civU or criminal prosecution in accordance with
applicable statutes,
4>htf~d
Date
/ , -,~~l.CH'A
Witnessed By
I. /;;¡ 'iì' /2.orv-}
Date' I