Ministry of Attorney General

Norfolk County urges the Province to advance legislative changes, provide transitional and ongoing funding for POA responsibilities, and develop a sustainable, cost-reflective model for POA court operations.

Where we're at

Provincial Offences Act fines in default continue to be a significant challenge for municipalities across the province, including Norfolk County. Changes to legislation 1(particularly under section 441.1 of the Municipal Act) will significantly impact recovering these otherwise uncollectible amounts, which, once collected, would provide municipalities with additional financial resources to address other key priorities, including affordable housing initiatives and infrastructure reinvestment.

Norfolk is concerned with the continued downloading of POA operations. Tasked with now absorbing the entire process of Part III prosecutions, Norfolk will be forced to incur increased costs related to prosecution, services and staffing. Norfolk property taxpayers will face an increased residential tax bill without provincial funding to assist in this transition. Costs exceed revenues in POA operations, and the Province needs to assist in covering the costs. For 2024, the budgeted costs for POA operations exceeded revenues by $572,800, requiring levy support, and our accounts receivable in outstanding fines exceeded $8.4 million (As of June 2024, excluding POA Part II matters).

Norfolk asks that the Province:

• Expedites legislative changes under Section 441.1 of the Municipal Act to enhance municipalities’ authority to recover defaulted POA fines.
• Provides transitional funding and ongoing financial support to municipalities for POA-related responsibilities, especially those connected to the assumption of Part III prosecutions.
• Engages with municipalities to develop a long-term, sustainable funding and service delivery model for POA courts that reflects the true operational costs.