HomeMy WebLinkAboutKIN 98 063 Agre-Prsnl Info Prov
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LA W
BY-LAW NO. 1998 - 63
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 Town of Kincardine to
enter into an Agreement with the Provincial Government to receive confidential and
personal information form databases administered by the Ontario Ministry of
Transportation;
NOW THEREFORE the Council for The Corporation of the Town of Kincardine
ENACTS as follows:
1. That The Corporation of the Town 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 Town of Kincardine the Agreement with the Provincial Government, attached
to this by-law and to affix the Town'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 and SECOND time this 5th day of November 1998.
READ a THIRD time and FINALLY PASSED this 5th day of November 1998.
fj~t<.~
, Mayor /'
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Clerk
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Ministry of
Transportation·
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®Ontario
Licensing Administration Office
Main Floor, East Building
2680 Keele Street
Downsview ON M3M 3E6
November 19, 1998
Dear Government Client:
RE: GOVERNMENT AUTHORIZED-'REQUESTER AGREEMENT
Enclosed is your file copy of the Government Authorized Requester Agreement which
has be.en signed by a ministry· official, Your account number is shown on the first page
of the agreement after the name of your municipality.
When making requests for information products, please refertó this account number.
Should you have any questions,. please.contact BUSINESS INFORMATION
SERVICES at (416) 235-1366 or 1-800-461-5538.
Sincerely,' ^~
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Geor Pilla
EDT Analyst
Business Information Services
La sécurit6
Roød Safety routIère
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http://www.mto.gov.on.ca
SR-A-209 97-11
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THIS AGREEMENT MADE IN DUPUCATE THE FIRST DAY OF JULY,I998.
GOVERNMENT AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made
BETWEEN:
Her Majesty the Queen in Right of 1he Province of Ootario as represented by 1he Minister of
Transportation,
(hereinafter refem:d to as 1he "MinIstry"),
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Town ofKineardlne (9631), a Municipality in the Province of Ontario
(hereinafter refened to as the "MunidpaUty").
WHEREAS 1he MinIstry maintains computer databases con1aining residential address information
pertaining to 1he registered holders of motor vehicle licence plates, (herein referred to as
"Information Products");
AND WHEREAS the MunldpaUty requires access to the Information Products for the purpose of
commencing a lega1 ~;"g against a registered licence plate holder who has committed a
parking infraction in con1Javention of a municipal paIking by-law;
AND WHEREAS 1he Ministry sball permit the MunldpaUty access to 1he Ministry's Information
Products subject to 1he terms and conditions of this Agreement;
NOW THEREFORE 1he Ministry and the Munidpallty, in consideration of the promised and
mutual covenants hereinafter contained, do hereby agree as follows:
1.0 Grant oflicenee
1.I Grant
The Munldpallty is granted herein a non-exclusive, noo-assignable and non transferable licence to
access and use 1he Information Products, subject to 1he terms of this Agreement
1.2 Title
The Munlclpality agrees and acknowledges that 1he Ministry owns all right, title and interest in 1he
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 (I) Authorized Use
The MunldpaUty wanants that the Information Products and the information contained therein sball
be held in s1rict conIidence for the exclusive use of 1he MunldpaUty and that the MunldpaJlty sball
not use 1he MinIstry's Information Products for any purpose except for that which has been
approved by 1he MinIstry, as follows:
(a) to send to registered licence pla1e holders notices that are prescribed by law where a
legal proceeding has been connnenced by the MunldpaJlty against the registered licence
pla1e holder where it is alleged that the registered licence plate holder has committed an
infraction against a parking by-law enacted by the MunlclpaUty; and
(b) to have Information Products certified by 1he Ministry for legal proceedings where it is
alleged that 1he registered licence pla1e holder has committed an infraction against a parking
by-law enacted by 1he MunlcipaJlty.
(2) The MunIdpaIity warrants that it has statutoI}' authority under 1he M,m;cinal F......Anm of
Tnfnnnotioo and Protection of Privaev Act for accessing 1he personal information contained in 1he
Information Products.
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1.4 Data M......... 8IId Data l'rofiIIq
The M1IIIicipaIity shall not develop or derive for any purpose whatsoever, any other product in
machine-readable!Œm or otherwise, that incorporates, modifies, or uses in any manner whatsoever,
any "personal information· obtained fran 1he Informatioo Products. ·Pen;onal informatiooft for the
pIIJpCISeS bereofshall have the m...nn,g as defined in suIHectinn 2( 1) of the F.....-Itwn ofInformatioo
and Protectiœ ofPrivacv Act (R.S.O, 1990 c,F.31). In addition, the Municipality sba1l notplace
any data which was not obtained hereunder, into a doto"'", containing Personal Information
obtained pursuant hereto, other than as authorized.
1.5 IDdMduals not to be eontacted
The Mllllieipality shall not contact any individual to whom 1he Information Products relate, directly
or indirectly other than as authorized,
1,6 DoeumeDt DestrDetioD
The MDDieipaIity shall destroy the InformatinD Products and any copies or portiœs thereof in its
possession within thirty (30) days following anpIetim or fulfilmeot of1he authorized use as set out
in Article 1.3 herein.
1.7 SDniwl
The MlIIIieipolity further warrants that such forbearance ftom use ofInformatiœ Products shall be
binding upon its SUCcesSŒS, This Article shall survive 1he expiry or termination of this Agreemeot.
1.8 Applicability of Agreelllellt
This Agreement shall œIy apply to parking infraction notices and certificates prescribed by Part II
of 1he Provincial om.n..... 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 1he MiDistry and the MDDieipality with respect to the
licensing of driver and vehicle records that are not subject to this Agreemeot,
2.0 Terms
2.1 Terms aDd ReDewal
The term of this 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 1he 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 intentioo to terminate the
Agreement.
2,2 Early TermiDatiOD
Despite Article 2,1 herein, this Agreement may be erm;noted by either party giving to the other
party thirty (30) days written notice of termination,
2,3 CoIIfIietwith Priwcy Laws
This Agreement is subject to any resttictiœs, limitations or provisiœs enacted by the MiDistry or
the Province ofOntarin, which may affect any of 1he provisiœs or terms set forth herein, including
the right to limit 1he informatiœ included in the Information Products, in any manner, In addition,
the MiDistry shall have 1he right to cancel this Agreement forthwith, in 1he event of specific conflict
with the provision of any legislation or regulation affecting fteedom of information, or protectioo of
privacy.
3.0 TraD....bulioß ofI.,fonnation Products
3,1 1'r8DsmissioD ef IDIurmatioD PrDdacll
The MiDistry shall transmit Informatiœ Products to 1he Mllllieipality in the manner pm¡cribed in
Schedule "A", and such tnnsmissinn shall be subject to any c:œditiœs prescribed therein, Schedule
"A" is incorporated into, furms a part of and is subject to 1he terms and conditiœs of this Agreement.
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4.0 Fees & 0...........
4,1 PaymeDt of.Amouats
(1) The M1IIIicipeIity shall pay1he MiIIistry 1he following amounts for accessing 1he Miaistry's
Infurmation Products:
(a) $8.75 of every allowance of $11 that the MDDicipality receives for each notice of
impending conviction that the MuicipaIity issues where a conviction is subsequently
obtained under subsection 18,2(6) of 1he Provincial OffP.nœs Act (the allowance is
authorized by subsections 12(1), (3), O. Reg, 949 made under the Provincial Offences
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(b) subject to clause (2) herein, $8,75 of every allowance of $9 that the MlllÛCipality
receives for each fine that it collects in connection with a conviction under section 18,4
of 1he Provincial Offences Act (deemed not to dispute charge due to 1à.ilure to appear at
the time and place appointed for the hearing) (1he allowance is authorized by subsection
12,1(1),0, Reg. 949 made under the Provincial Ofl"P.nces Act), .
(2) Where the M1IIIicipeIity receives an allowance of1ess than $9,00 as authorized by subsection
12.1(1) of 0, Reg. 949, it shall not remit the amount specified in clause (b), but instead it shall
remit to 1he MiIIistry any amount it receives in excess of$0.25, up to the amount of$8.75,
4.2 Method aDd 1'1..- ofP_
Subject to Article 4.3 herein, the MllDiciplllity shall remit a payment by cheque which shall be
received by the MiIIistry 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 MiIIistry shall be the amount owing to
the MiDistry from the previous calendar month.
4.3 First p_nt
The MDDicipality shall remit the first payment by cheque to the MbÜstry which shall be
received by the Miaistry On or before October 15, 1998 for the amount prescribed under Article
4.1 herein, The payment that is remitted shall be the amount owing to the MiDistry that was
incurred between July 1 and September 30, 1998,
4.4 PavllleDt Infnnoation
Any payments owing to 1he MiDistry under this Agreement or the Schedules made hereunder
shall be made payable to the Minister of FinancelMTO. All payments and any reports that are
required to be sent to the MiDistry under this Agreement or 1he Schedules made thereunder shall
be sent to:
Ministry of Transportation
Licensing Administration Office
Attention: Supervisor, Data Access & Control Unit
2680 Keele St" East Building
DownsviewON M3M3E6
5.0 Records and ReIIortim!:
5.1 Moatllly Report
The M"'~Hty shall duly complete and remit to 1he MiIIistry a monthly report which is
contained in Schedule ·B', which forms part of, is incorporated into, and made a part of this
Agreement. The oipotnre of the Treasurer or Chief Financial Officer of the MlllÛCipality shall
be affixed to the monthly report. The monthly report shall be remitted to and received by the
MiDistry within fifteen da)'S after the end of each calendar month to which the monthly report
Cvllespoods, except that no monthly reports shall be required to be remitted to the MiDistry for
the months of July, August, and September 1998, Where the MllDicipality owes the MiDistry
payment under Article 4.1 herein, the monthly report shall be remitted along with 1he payment
that is owing to the MiIIistry, Where no payment is owing to the MiDistry under Article 4.1
herein, the monthly report that is remitted shall indicate as such,
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5,2 Auual Report
The MlDIicipaIity shall duly canp1ete and remit to the Mùùstry an annual report as prescribed
in Schedule ·C', which is incorpora1ed 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
Mùùstry on or before April 15, 1999, and shall contain data corresp..tI;l\g to the period from
July I, 1998, to March 31, 1999, Subsequent annual reports shall be remitted to, and received by
1he MbúICry on or before Apri1 15 for each )Qf that 1he Agreement is in e1fect, and shall
contain data corresponding to1hepreviœs fiscal)Qf (defined as from April I to March 31) and
cumulative data frœn July 1, 1998. .
5.3 MiDiltryRepcn1s
(1) The MiDiItry shall duly complete and send an annual report to the M1IDieipality as
prescribed in Schedule ·D·, which is incorporated into, forms part of and is subject to the terms
and condiûons of this Agreement. The report shall be remitted and received by the Mmücipality
on or before May I- of each )Qf that the Agreement is in e1fect, and the data contained in each
report shall ooüespoud to the previous fiscal)Qf (defined as from April I to March 31), except
for 1he first annual report which shall correspond to the period from July I, 1998, to March 31,
1999.
(2) The MiDiItry shall duly complete and send a report to the M8Dieipality on or before the end
of the Initial Term of 1he Agreement which shall monitor 1he p,,,fuuwmce of the subject matter
prescribed by this Agreement,
5.4 Records
. The Ministry and the MIIIIÏcip8Iity 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'D'.
5,5 Records C_n
Each party shall designate as provided below in writing one or more individuals with appropriate
authority as 1he. 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
(416) 235-4731
(Telephone Number)
The Municipality:
(Title)
(Telephone Number)
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5.6 (,_fIlM
In 1he event of a cooflict betMen.1he information contained in the records or reports produced
and maintained by 1he Maaitipslity, and the information: contained in the records or reports
produced and maintained by 1he Ministry, the parties shall resolve the conflict in the manner
prescribed by Article 9,10 herein. -
5,7 AecoIIIIt NIUIIber
The Ministry shall assign a unique account number to the M8Dieipality and the Municipality
shall use this account number solely for 1he purpose of identifYing itself to the Mùùstry pursuant
to this Agreement, including when aœessing and obtaining Information Products, The unique
accwot number shall OIIly be used as authorized by the Ministry.
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6.0. Seeuritv and Audit
6.1 Security
(a) The Maœe;p.tl." sbaII ma;"...;" 1he security and integrity of the information and
InftmDation Products which it receMs, and it sbaII comply with such securityrequirements
as &Ie ftom time to time ~fied by the MiDistry, which includes keeping the informatiœ
and Informatioo Products in a physically secure location to which acœss is restricted.
(b) The Mu.iclpality is responsible fur 1he selectioo, ·implementatiœ, and maintenance of
appropriate security products, tools, and procedures sufficient to meet MiDistry
requirements for protecting Intbrmation Products ftom improper access,loss, alteratiœ, or
destructiœ. The MDDiripoHty is responsible for inq>ler>1e11ting tests, as may be necessary,
to es>ablish and monitor its own securityproducts. tools, and procedures and to assess their
adequacy, -
(c) The MIllliciP"W;y wanants that it sbaII restrict empllJ)leelagents access to the informatiœ
it receives pursuant to this Agreement by requiring all employees who sbaII have access to
such information to enter into and comply with an EmplD)'er1Emp11J)leel Agent Security
Statement ("Security Statement") which is contained in Schedule "E" and which is
inœrporated into, made a part of, and subject to the terms and conditions of this
Agreemenl The Security 8"'-( sbaII bind the Mllllicip8lity and all empl~agents
to the terms and conditions set aut therein. The Mllllicip8lity acknowledges and agrees
that it sbaII be solelyresponsible fur anyfililure on its part to bind an empl())'ee or agent and
to ensure his or her compliance with 1he Security Statement and it sbaII indemnify 1he
MiDistry fur any losses or damages which occur as a result of its failure to bind an
empl())'ee and to ensure his or her compliance with 1he Security Statement. The
Munl..;p.1ity sbaII be required to maintain a copy of all Security Statements that it has
entered into for a period of three (3) years ftom the date when the empllJ)leelagent ceases
to be an ~agent of the Mllllieipality,
(d) Subject to the authorized use as set aut in Article 1.3 herein, any duplicatioo ofaddress
information sbaII be placed so that 1he information cannot be viewed by the public and/or
noo-authorized persons.
. (e) If1heMllllielpaHty is approved toreceiveresideo1ia1 addresses, theMllllieipality may only
disclose residential address information subject to the provisions of the Municinal Freedom
ofT"fnrmation and Protectiœ of Privacy Act (R.S,O 1990, c.M56), as maybe amended
ftom time to time.
6.2 Audit
The Municipality shall accommodate electrœic or manual audits of 1he Mllllieipality at the
discretion of 1he MiIIÌIII'y and on one (1) business day's notice, The Mtmleipality agrees to allow
on-site audits by the MÌIIiItI'y during regular h";"e5S boors. All records created by, or as a result
of this Agreement sbaII be subject to inspection and audit by the MiDiItry for a period of three (3)
years ftmn the date they &Ie created.
7.0 Default
7,1 Default
In the event of the defiIIIlt of any of the terms and cœditions in this Agreement by the M1IIIieipality
whether by nmiqitwl or Mmm;"';on, or if an event of defiIIIlt under Article 7.2 herein occurs, the
MiDistry at its di.scretioo, may suspend, cancel or revoke the privileges of the Maaieipality
hereunder, forthwith upon delivery of notice in writing to that effect. The Ministry may pursue
appropriate administrative, civil and/or criminal remedies for de1àult of the Agreement provisions.
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7.2 EveatlOfDefault
DefiwJ.t events include, but arc noIlimi1ed to, 1he fulIowing:
(a) the MBieiplllity is merged with or annexed by another municipa1ity;
(b) the M-lrip"lity bas submitted 1àIse or misleading informatioo to 1he MiDUQoy or maIœs
a 1àIse "ô¡nese4tation in this Agreement;
(c) there is a change in lc:>gicl.rirQ 01" regulations which a1IècIs the terms and CODditioos of this
agreement;
(d) 1he M1mIdp.uty 1iills to meet a term or conditioo of this Agreement; or
(e) 1he M1IIIicipa1ity bas distributed restricted 01" coofidential information to any person for a
reason not authorized herein,
7,3 Surrender of IDfonutiÐn Produc1s
Whenever the M...¡,.;p..~ity account is suspended. cancelled or revoked or upon termination of this
Agreement, 1he M-¡,.;p..Hty shall, at 1he request of the Milùstry, surrender to 1he MiDUQoy all
lnfi1rmatiœ ProdueIs and any copies or portioos thereofin its possessioo and all records retained in
respect thereof. except those copies required to fulfil its obIiprinn' as set out in Article 9,7 herein,
not later than the end of the third business day after the date of suspensioo, revocatioo, closure,
cancellation, expiry or 1ennination as the case may be, The Muaidpality shall continue to remain
bound by the nœ-disclosure provisÍons hereofwhich sbaIl surviw termination of this Agreement and
shall remain in 1iill force and effect.
8.0 Certification of Records
8,1 CertificatioD by Registnr
The Municipality shall œIy request that Information Products be certified by the MiDUQoy
(Registrar ofMotΠVehicles) when either the MBieiplllity is required to do so for the purpose of
legal proceedings 01" for some other purpose required by law.
8,2 Tran,miaiRn of Certified............ l'rod1Iels
The MiDistry shall transmit to the Mlmicip8lity all Information Products which it has certified in
paper format. Despite Schedule "A ~ of this Agreement, 1he MiDUQoy shall transmit to the
MUDieipality all.certified Information Products by mail or as otherwise agreed between the Parties.
9.0 GeDeraJ
9,1 Independent Coatnctur
The MDDielpaUty and its ϖcers, agents and eJII I1o)ecs shall act 00 behalf of the MlIIIicipa1ity and
arc not officers, agents or employees of the MiDistry,
9,2 IDdeBmity
The Municipality agrees to defend, indemnify and hold harmless 1he Ministry and its officers,
agents and employees ftom any and all, actions, damages or losses which may be brought or alleged
against the MiDistry, its officers, agents or emplo)œS by reason of the negligent, improper, or
unauthorized use or di.......in.tion by the MlllliclpaUty or its officers, agents, or emplo)œS, of
Information Products furnished to the MDDicipality by the MiDistry, or by reason of inaccurate or
out-of-date information contained in Information Products furnished to the M1UÛClpaUty by the
MiDistry. This ¡.........nH;cation shall surviw 1he expiry or terminatioo of this Agreement.
9,3 LimItatioa of UabiIity
The MiDistry maIœs DO warranty, eJqIIeSS or i~plied, with respect to the InfuJmation Products, the
accuracy or completeness of information contained therein, or that they shall be fit for any purpose.
In no event will the Miùtry be liable for damages, including any loss of profits or other incidental
or consequential domo~> arising out of the MllllÍcipality's use of, or inability to use the
Informatioo ProdueIs, or delays by the MiDiItry, or ftom fiùlure to supply Informatioo Products, or
ftom inaccurate or out-of-date information "", )1m.,.¡ therein. This Article shall survive the expiry
or terminotiœ of this Agreement,
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9,4 Foree Majeare
Neither party shall be liab1e for delay 01" fai1ure in performance resulting ftcm acts be)ond the
conttol of that party, in~hvliO\g but not limited to: acts of God, acts of war, fires, floods or other
disasters, S1riIœs, walkouts, ......mnnicatioo line or power fiillure, or fiillure, inoperability or
destructinn of oomputer hardware, software or finnware (unless by reason of 1he negligence of a
party to this Agreement),
9.5 AdwrtIsiDg
AJ1y prcmotiœal 01" informatiODal material re1ated to the MllllÏcipality's access to 1he Miaistry's
Information Products shall be acc:urate and sball be consistent with the terms and provisinos of the
Agreement and app1icatinn, and shall contain only 1àctual stateJIIenls relating to the purpose and
conditicos of access as set furth in this Agreement The Ministry's name and logo sball not be used
without the priOl" written consent of the Ministry,
9,6 EDfon:eøbi1ity
The parties agree that, as between them, each Information Product request received by 1he MiDistry
sball be ðæmM to constitute a memorandum in writing, signed and delivered by or on behalf of the
MlUlkiploll ;y 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 acknowiedges that
in any legal pror-!iO\1!" between them respecting or in any way related to an Information Product,
it heIeby expressly waives any right to raise any(\efence ofwai=of1iabilitybased upon the absence
of a IIIe11IInIIdum in writing or of a signature,
9,7 Evideace
AJ1y computer printoUt made pursuant to this Agreement shall be considered to be an "original"
when maintained in 1he normal cœrse ofbusiness 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 RtlmilNible in any legal, Rrlminiotrative or other proceedings as prima facie
evidence of the acc:uracy 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-AssigBabllity
This Agreement is not assignable by the Munidpality, either in whole or in part, without the prior
written consentof1he MiDistry,
9.9 Notification of Bre8Cb
The MUBiclpality sball notify the MiDistry in writing immMiately upon beçnmiO\g aware that any
of the provisions set out in this Agreement have been breacIied.
9,10 Objecti08 Proeedllre
The parties hereby agree to utilize the 1bllowing =,lalion procedure to resolve any issues, disputes
or claims which may arise prior to resorting to any arbitration oflegal remedies,
In the eYCIII of a dispuIe 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 sball refer the dispuIe to their respective senior management who shall have a further two (2)
weeks to negotiate 1he resolution, Failing such resolution, 1he matter shall be referred to a single
mediator mutually agreeable to both parties, AJ1y decision of such mediator shall be a
f"NWO\-.vIRtion 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 1he provisions of this
Agreement sball be in writing and sball be given by personal delivery, or sent by electronic facsimile,
or mailed by a prepaid registered mail or delivered by courier service. The MUDielpaU1y sball 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 sball be addressed as foUows:
To the MinIstry:
Licensing Administration Office
Ministry ofTransportation
2680 Keele Street
Main Floor, East Bui1ding
Downsview ON M3M 3E6
Attention:
Co-ordinator
Business Ioformation Services
Tel: (416) 235-4832
Fax: (416) 235-4414
To the MUDicipall1y:
Town ofKincanline
707 Queen St
Kincardine ON N2Z IZ9
Attention:
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(1 ",dQ<s.~~
Tel:
(519)3"1.1:,-
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Fax:
Notices sball be deemed to have been effectively given on the date of personal delivery, 1he date of
electronic facsimile !1an""';O$inn or 1he 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 MUDieipall1y, or to
declare the MUDidpali1y in default, sball not constitute a waiver by 1he Ministry of its
rights under this Agreement No waiver of any rights under this Agreement sball be
effective un1ess in writing, duly executed by the Ministry.
9.13 Entire Agreement
This Agreement, including 1he Authorized Requester Application and all Schedules
attached hereto, constitutes the entire agreement and understanding of 1he parties relating to
the subject matter hereof and supersedes all prior \JIlden¡tand;ngs, discussions, negotiations,
commitments, .ep.ese.ttations, wammties and agreements, written or oral, express or
implied, between them. None of 1he parties sball be bound by any definition, condition,
wammty 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 or ProvIsIons
Each provision of this Agreement which, in order to give effect thereto, is required to
survive termination of this Agreement, sball do so and sball continue in full force and effect
until mm~ated in writing by 1he MinIstry.
9.15 Jurisdidinn of Contract
A contract created pursuant to this Agreement sball be deemed to have been formed in 1he
Province of Ontario and 1he rights and obligations of the parties to such contract sball be
governed by the laws in force in Ootario.
,
· '.... ~
-9-
9,16 lDterpretatloo
<a) J-IP.atlÌ11g1' are not to be .....Iri<leled part of this Agreement, and are included solely for
convenience and are not inteDded to be full or accurate descriptions of the content of
the paragraph.
(b) In this Agreement, words importing the singu1ar nlDDber include the plural and vice
versa, words importing the m....."ine gender include 1he feminine and neuter
genders; words importing pmons include individuals, sole proprietors, corporations,
partnerships, trust and unincorporated associations.
IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement.
Mmistry of Transportation 0
---'.
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Date r
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Name R G. rc:< "ClIM
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- 10-
SCHEDULE "A": TRANSMISSION OF INFORMATION PRODUcrS
Al TJ'tI_..w. oflaformatioD ProdIlCll
The M-leiplllity shall indicate by affixing the sigoalUre of an official which is authorized to bind the
Maaieipa1ity in the space pnwided herein by which means of tran!ml;~on the Maaieipa1ity sha1I request
and receive Information Prodw:ts, The MIIIIiclpaIity sha1I only be able to request and receive Information
Products by one means of trnn""¡~1JD as prescribed herein, Once the Mllllicq.nty elects to request and
receive Information Prodw:ts by one means of tran!ml¡"'¡on, it shall not be eligible to request and receive
lnformation Products by another means of tran!mliBion unless it has received the approval of the Ministry.
ELECTRONIC DATA TRANSMISSION (EDT)
A2 TeIeeommuieatiou LillI<
The MmIicipaIity shall electrœically access the MiBiItry's Information Prodw:ts through a
telemmm,miœtiœs link to be f<IhIhli,hed het<wen the M1IDÌCipality"s computer and EDT,
A3 Effect of Electroøie Req....
The Ministry shall accept the electIa1ic requests for Information Prodw:ts and sha1I respond with Information
Products. The parties agree that any requests for Information Products made under this Agreement shall be
equivalent in effect, in contracl 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 MlII1ir1p11lity shall obtain, install and test at its own expense all1he computer equipment, supporting
equipment sof\waJe and services, including mmmllDications and mailbox services ("Mailbox") that it shall
require in order to send and to receive electronic documents, as contemplated by this Agreement, through
EDT.
A5 Receipt and AclmowIedgement
The Ministry is hereby deemed to have received the requests for Information Prodw:ts when the request is
received by the Minútry at its Mailbox. No request for Information Products or any other document shall
be of any legal effect until it is reœived. The Mnnicip8Iity is hereby entitled to an acknowledgement of
reœipt ftom 1he Minútry and reII!IQI19ble efforts to assist when fåiled communication is detected,
A6 Connectivity Costs
The Municipality shall pay to the Mhüstry all costs associated with use of EDT for electronic access to
Information Products in the IIWIDCr and at the time prescribed by the Ministry. The connectivity costs shall
include a one time set up fee of 5250,00 for a Personal Computer (PC) connection or 51,100.00 for a
mainftame 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 1heMinistry if the
Municipality is already able to access Information Products ftom the Ministry by EDT, .
A. 7 CODtract Terms and CoIuIitioDs
A contracl shall be fanned between tile parties as a result ofreceipt via the EDT of the request for Information
Products and such contracl shall contain 1he information set out in the request for Information Products and
shall incorporate and be subject to 1he tenns and conditions of this Agreement,
AS Data Proeeaing
The MlDIÏI:ip8Iity agrees to maintain control of the requests for and receipt of the Information Products ftom
its head office, From this head office, tile Mwcipality also agrees to maintain control over all activities
related to 1he 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:
. Moigl'At~ herein a service C<MIfdinator who shall be responsible for all issues and communications with the
other related to EDT;
. designate herein a technical advisor who shall be 1he primary contact for technical mmm.mications with
the other related to EDT;
J
. ...
-11 -
einform the other of1he names of their service co-ordinator and technical advisor in 1he space provided herein
before any requests fur 1Dformatiœ Prodw:ts are made as authorized by this Agreement; and
epromptly inform 1he other when another indiWlual is assigned to either of these positions.
Additional support personnel may be designated by mutual agreement,
AIO AtdborizatIoD
Each party shall establish such systemS or methods of controlling the tronomi~.ion of ilS documenlS as it
considers appropriate, and warrants that each document of which it is 1he sender is duly authorized and
binding upon it,
All Incomplete, huIce1Inte or Corrupted Requests for IDformatioll Products via EDT
If the MiDútry retI""".hl.y suspectS thata request for Information Prodw:ts via EDT is incomplete, inaccurate,
corrupted in tronomi...;1JII, or not intended for it, it shall not respond to the request, pending further
clarification by the ¡w...;..;p.lity, The MDDicipality shall promptly re-ttansmit the request to access and
obtain the Information Product or take such other corrective actions as may reasonably be required in the
circumstance, All communicatioos initiated pursuant to this Article are at the expense of the MDDicipality.
AI2 SeCllrity
The MDDicipa1ity shall ensure that each emplO)':e, representative, or agent has a user identification number
(called a "USERID") and a security code to make requests for and receive Information ProduclS under this
Agreement. Requests for Information Prodw:ts which contain a USERID and a security code shall be legally
sufficient to verifY the identity of 1he MDDicipa1ity and the authenticity of the request. The MDDicipality
shall maintain security procedures to preYent unauthorized use of disclœJTe ofUSERID's.
A.l3 EDT Failure
If requests for Information Products or Infmnation Products cannot be sent by EDT because of some failure,
both parties agree to attempt to continue nmna1 cnmmlmications by alternate means and to restore the EDT
trAnmni!;'li!.ions promptly.
AI4Aceess
Under normal conditions, it is anticipated that EDT may be accessed 24 hours per day, 7 days per week,
A,IS EDT - Immediate:
Subject to Article Al6 and AI7 herein, it is estimated that 90% of requests for Information Products shall
be processed and transmitted to 1he MIIIIicip8Iity within IS secœds afreceiving the request for Information
Products ftom the MIIIIicip8Iity,
AI6 EDT - m-diate BatdI:
An TmmPil;ate Batch Tnmsaction means between 2 and 100 requeslS for Information Prodw:ts contained in
one batch transaction that is received by 1he MiDútry. It is expected, but not guaranteed, that 90% of
Immediate Batch Transactions shall be processed and transmitted to the MlllÙCipaIity within I hour of
receiving the request ftom the M....;..;p.Iity.
AI7 EDT - Over Night BatdI:
An Over Night Batch Transactioo means more than 100 requests for Information Products contained in œe
batch transaction that is received by the MiDútry, It is expected, but not guaranteed, that Over Night Batch
Transactions shall be pit- j and ttansmitted to 1he MIlllicipa1ity 1he following business day from the day
that they are received by the MiDútry,
EleetroDic Data 1'rtondoer þ.n._ - EDT HelD Desk
EDT Tee1micaI Achiær (MiaiøIry) TelephoDe Dumber: (416) 235-1366 or 1-800-461-5538
.
COOI'diDator. BasiDeu ..........- Senk:es
EDT Senice CoordiDator (MbûItry) Telepboue Dumber: (416) 2354832
EDT T_nÏHII Achiær ~...üo\po~) Telepllœe N1IIDber: ( )
EDT Service CoordiDator (Mœicipality) TeIepboue IIDIIIber: ( )
... :
.
-12-
The MuoicipaDty requests that Information Products 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 DISKE1TE
A.l8 Magnetic Tape or Diskette
The Mllllicipality shall access the MiIIistry's Information Products by submitting a magnetic tape or diskette
to the MiDistry in the format prescribed by the MiDistry.
A.l9 Provision of IDformatinD l'nIùI:ts
Upon receipt of the magnetic tape or diskette, the MiDistry shall provide Information Products to the
Mllllicipality 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 and conditions prescribed hereof.
Name
Title
Date
PAPER FORMAT
A.20 Written Request
The Mllllicipality shall access the MiDistry's lDfurmatioo Products by submitting a written request to the
MiDistry by fax or by mail. .
A.2l Provision of lDformatioD Products
Upœ n:ceipt of the written request, the MiDistry shall provide Informatioo Products to the Mllllicipality by
printing the Information Products onto paper, aod transmitting the Informatioo Products by mail,
The MuoicipaDty requests that Information Products be transmitted in Paper Format
and agrees to be bound by the terms and conditions prescribed hereof.
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SCHEDULE "E"
Government Requester Employer\Employee Security Statement
Employee Name:
c;;,. v- \.
Division:
)\, _IC'~ . .'\
,
Position #:
Co.
-0·
Town of Kincardine, hereinafter referred to as the Municipality, is licensed to
receive confidential and penonallnformation 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 aecess, use or disclosure. The following policies have been adopted to
address employees'Jagents' responsibilities for handling and protecting this
Information.
1. As an employee of the Municipality, you may access Information only when
necessary to peñorm 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 aecess or
misuse of information Include, bnt are not limited to: making Inquiries for
personal use or processing transactions on your own records or those of yonr
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 uuderstand that failure to comply with these policies may result In
disciplinary action and/or civil or criminal prosecution In accordance with
appUcable statutes.
~/~$'
Date
--::::?
(~;c~nL"
Witnessed By
{\ au [0 I qr
Date I
~
- ~'"-"""-._----