2023 Budget - Legal Services

The City of Peterborough Legal Services includes the Office of the City Solicitor, the Provincial Offences Act Office and Realty Services.

Office of the City Solicitor

The Office of the City Solicitor (OCS) provides legal services to the Corporation of the City, staff and Council and certain related boards and agencies on issues related to planning, land development, real estate, by-laws, labour and employment, legislative interpretation, contracts and advocacy.

Highlights

The OCS manages a varied caseload, dealing with a broad range of legal issues faced by a single-tier municipality and relating to provincial and federal jurisdiction. The OCS's caseload is determined by the needs and projects of Council and City Departments. During 2023, OCS will be involved with numerous land acquisitions relating to road widening and other capital projects, various housing programs and Airport matters. 

OCS staff participate in a number of inter-departmental committees such as the Risk Management Committee. As such they work closely with the Insurance and Risk Management Coordinator involving litigation and insurance coverage for contractual and other risk management documents. 

From time to time, certain matters requiring extensive resources or specialized expertise (such areas of law as labour negotiations, environmental issues, and certain litigation) are outsourced. 

Provincial Offences Office

The Provincial Offences Act (POA) Office provides administration and court services for the processing of offences under the Provincial Offences Act as well as municipal by-laws within the City and County of Peterborough. The number and composition of charges issued by enforcement agencies impacts revenue generated. POA revenues are recognized when collected. Net POA revenues are divided between the City and the County of Peterborough, based on weighted taxable assessment. The County share of POA for 2023 is 55.7% (2022 – 55.5%) and the City’s share is 44.3% (2022 - 45.4%). Court services has shifted to holding some trials and hearings virtually as a result of the pandemic, which has resulted in increased fees expenses in POA for the related software and technical requirements.

Highlights

The number of charges issued is the primary driver of the POA Court system, however, the Court has no influence on the number of charges filed by enforcement agencies. The number of charges fluctuates and the composition of the dollar value of the charges impacts the revenue generated. POA revenues are only realized by the payment of fines. 

Court closures continue to have a significant impact on the trial schedule. 

Staff will continue to pursue collection initiatives with the goal of increasing fine revenue. 

Net revenues are divided between the City and County of Peterborough based on the prior year's relative weighted assessment. Based on the 2022 figures, the County's share for 2023 is 55.7%; the City's share is 44.3%.

Performance Data

Defaulted Fines are any fine where the defendant has failed to pay the amount imposed upon conviction by the due date. A fine is considered defaulted when it remains unpaid 15 days past the due date. 

Once in default, the City will start collection activity that may include Final Notices, orders to suspend driver's licenses and plate denials, addition of defaulted fines to tax rolls and legal proceedings.

Realty Services

The Realty Services Division (RSD) is responsible for the management of the City’s real property, including acquisitions, disposals, leases, licences, easements, encroachments and other agreements, appraisal services, real estate consulting, marketing, procurement, negotiations and management of inventories of the City's real property interests with a view to maximizing returns for the City. In prior years, Realty Services was a part of the Infrastructure and Planning Services Department.

Highlights

The RSD is responsible for leading in the area of municipal Real Property Management. Responsible for developing and brokering innovative solutions to complex real estate matters. Responsible for functioning as a corporate resource on Real Property Management requirements of various capital initiatives across the organization. 

Develops, implements, and monitors compliance to corporate policies and procedures related to Real Property Management.

2023 Overview – Legal Services