Policing Fines and Penalties Revenue Sharing
IT IS THERFORE RESOLVED THAT Alberta Municipalities advocate for the Government of Alberta to amend section 162 of the Traffic Safety Act, Revised Statutes of Alberta 2000, Chapter T-6 to distribute fines and penalties under the Act to those municipalities receiving policing services under the Provincial Police Services Agreement at the same percentage that these municipalities pay and to distribute funds in a more expeditious manner.
WHEREAS section 162(2) of the Traffic Safety Act states: “Fines and penalties imposed under this Act in respect of offences occurring in a municipality for which policing services are required to be provided under section 4(5) or (6) of the Police Act belong to the municipality that is required to provide the policing services”;
WHEREAS as of April 1, 2020, municipalities receiving policing services under the Provincial Police Services Agreement (PPSA) are required to pay a portion of their policing costs;
WHEREAS these municipalities will be paying 30% of their policing costs by 2023/2024;
WHEREAS the intent of Section 162 of the Traffic Safety Act is that fines should be distributed on the basis of who pays for the policing; and
WHEREAS despite the intent of the Act, those municipalities receiving policing under the PPSA do not receive a share of the fines and penalties.
Prior to October 31, 2005, Section 162 of the Traffic Safety Act stated:
Disposition of fines and penalties (in effect prior to October 31, 2005)
162 (1) Subject to subsection (2), any fine or penalty imposed under this Act belongs to the Crown in right of Alberta.
(2) Any fine or penalty imposed under this Act in respect of an offence occurring in
(a) a municipality that is an urban area, belongs to that municipality,
(b) a municipal district or Metis settlement, other than on a highway designated as a primary highway pursuant to the Public Highways Development Act, belongs to the municipal district or Metis settlement, and
(c) an Indian reserve, other than on a highway designated as a primary highway or a highway designated as a secondary road pursuant to the Public Highways Development Act, belongs to the band.
(3) For the purposes of subsection (2)(c), “band” and “reserve” mean a band and reserve as defined in the Indian Act (Canada).
After October 31, 2005, the Traffic Safety Act was changed so that traffic fines were distributed based on the “who pays for policing model”.
Municipalities required to pay their policing costs under sections 4(5) or 6 of the Police Act and municipalities that pay for a Peace Officer receive 60% of the specified fine or penalties.
291 municipalities and municipal districts/counties are covered under the Provincial Police Services Agreement and do not currently receive any portion of fine or penalty revenue.
As per the resolution, as of 2023/2024, PPSA Municipalities would receive 18% of the fines and penalties (30% of 60%)
The Town of Mundare, population 852, will pay $47,740 in 2023/2024 for policing.
This resolution relates to ABmunis Policing and Justice strategy.
The Minister’s response to this resolution simply states how fine revenues are currently distributed and does not address the active clause of the resolution.
The ABmunis Board approved taking the following actions related to this resolution: