Ministry of Attorney General

Norfolk County appreciates the opportunity to highlight several ongoing financial and legislative challenges that continue to impact municipalities across Ontario. As pressures grow around cost downloading, infrastructure funding, and the recovery of Provincial Offences Act (POA) fines, municipalities are seeking practical, fair, and efficient tools to ensure long-term financial sustainability. 

Where we're at

POA

Cost downloading

Continued conversations are needed around CRA participation and additional provincial legislative tools that would improve collection processes.

Municipalities still need stable, long-term infrastructure funding. To support that, we should continue advocating for a share of HST or income tax revenue, as described in the previous staff report.

Our ask

POA fines in default remain a significant challenge for municipalities, including Norfolk County. 

• Legislative changes (Municipal Act, s. 441.1) could improve recovery of uncollectible fines, freeing funds for priorities, such as affordable housing and infrastructure reinvestment.

• Ongoing downloading of POA operations: Norfolk is now responsible for the full process of Part III* prosecutions.

• Without provincial funding, increased prosecution/service/staffing costs will raise residential property taxes.

2024 Budget Impact: 

• POA operational costs exceeded revenues by $572,800 (levy support required).

• Outstanding POA fines: $8.4M (as of June 2024, excluding Part III matters). 

Requests to Province: 

• Expedite legislative changes under Municipal Act, s. 441.1 to improve recovery of defaulted POA fines.

• Provide transitional funding + ongoing financial support for POA responsibilities, especially Part III* prosecutions.

• Collaborate with municipalities to develop a sustainable funding/service model for POA courts reflecting true operational costs. 

*Part III prosecution deals with more serious provincial offences and requires a court appearance. A “Charge is laid by information” a formal written complaint, sworn before a Justice of the Peace. Examples of offenses include, but are not limited to serious driving offenses, environmental violation, workplace safety offences and violations under the Liquor License and Control Act or the Building Code Act.