The Law Commission of Ontario (LCO) has initiated a project to modernize the Provincial Offences Act (POA). After a review of the literature and informal discussions with many individuals and organizations, the LCO released a Consultation Paper on November 16, 2009. The Consultation Paper identified a number of issues and asked specific questions regarding those issues. The Consultation period ends on February 1, 2010 at which time the LCO will focus on producing an Interim Final Report. The Interim Final Report will be based on consultation feedback and in-house research. In addition, the LCO will fund research papers on two of the larger and more complicated issues set out in the Consultation Paper. The first funded paper will address specified issues relating to Administrative Monetary Penalties (AMPS) and the second paper will deal with issues relating to the sentencing of regulatory offences. Applicants can respond to one or both calls for papers. A copy of the Consultation Paper and other documents related to the project can be found at www.lco-cdo.org. Completed research papers may also be posted on the LCO’s website, and will form part of the basis for the Final Report on the Modernization of the Provincial Offences Act.
I – PAPERS TO BE FUNDED Objectives The LCO has identified two research papers that it needs completed. The LCO has specific questions which those papers must address and it invites proposals that respond to the specific issues set out below:
The paper on AMPS must address the following issues:
(i) Whether municipalities should be required to establish an AMPS system for Part II POA offences. This analysis must take into account, a. what, if any, key changes should be made to the AMPS system option that is established for Part II offences by subsection 102.1(3) of the Municipal Act, 2001 and O. Reg. 333/07; and b. whether there should still be an option to prosecute a violation under Part II of the POA.
(ii) Whether AMPS should be available for other violations (i.e. non-parking violations) to which the POA presently applies, including, a. identifying any features that all such AMPS regimes should have; b. analyzing the 10 highest volume Highway Traffic Act offences (as identified by the LCO) and determining if AMPS are appropriate for these offences; and c. whether there should be an option to prosecute violations under Part I of the POA if a violation can be addressed by an AMP.
(iii) Conduct a North American literature search for studies examining the results of implementing an AMP system and summarize the findings of those studies.
The paper on sentencing must address the following issues:
(i) Whether the POA should have sentencing purposes and/or principles. The paper should identify all appropriate purposes and/or principles and consider whether those principles should apply to Part III offences only or to the sentencing of all offences to which the POA applies.
(ii) What sentencing options should be available to a justice under the POA. The sentencing options should be described in detail.
II – SUBMISSION PROCESS
Proposals will be evaluated on the degree to which they:
1. Further the objectives of this Call for Papers;
2. Demonstrate professional qualifications and expertise in the area to be studied; and
3. Demonstrate a sound analytic framework and research methodology.
Format of Proposals
Research proposals submitted to the LCO must contain the following materials:
1. A statement outlining the proposed research, how the research would support the objectives of this Project as outlined in this Call for Proposals, and the scope and type of work envisioned.
2. A workplan that outlines: • the proposed research methodology; • the steps required to complete the assignment, together with estimated timelines; • an estimate of the resources required to complete the assignment.
3. A cover letter detailing the applicant’s qualifications, and the reasons why the applicant is interested in undertaking this research.
4. A curriculum vitae for each principal researcher.
Incomplete proposals may not be considered. Proposal Deadlines
Research proposals must be submitted by midnight on Monday, February 8, 2010. Proposals received after this date may not be considered. Authors of successful proposals will be notified by Monday, February 15, 2010.
Your proposal should be forwarded to:
Ministry of the Attorney General LCO Counsel in Residence
Law Commission of Ontario
276 York Lanes, York University
4700 Keele St.,
Toronto, ON, M3J 1P3
Fax (416) 650-8418
Questions should be addressed to Mark Schofield, Ministry of the Attorney General LCO Counsel in Residence at email@example.com or (416) 650-8100.
III – TERMS OF CALL FOR PAPER
The terms of the call for paper will be as follows:
The selected applicant of the AMPS paper will receive a total $15,000.00 (including GST) for the paper when completed in accordance with the agreement as determined by the LCO. The selected applicant for the sentencing paper will receive a total of $15,000.00 (including GST) for the paper when it is completed in accordance with the agreement as determined by the LCO.
Deliverables and Timetable
Applicants who are successful in contracting to provide a research paper set out above will be required to complete a Detailed Outline, an Interim Final Research Paper and a Final Research Paper (the “Deliverables”). The Interim Final Paper must be a substantially complete version of the Final Research Paper and subject only to slight revisions. The Interim Final Paper must be formatted and footnoted in accordance with the LCO’s formatting policy. The Interim Final Research Paper and the Final Research Paper must assess and analyze all of the issues described in Part I – “Papers to be Funded”. A selected applicant must provide the LCO with the Deliverables in accordance with the agreement by these dates:
||Deliverable that Researcher Must Provide
|March 8, 2010
|April 26, 2010
||Interim Final Research Paper
|May 10, 2010
Compliance with the above due dates is of critical importance to the LCO. In the event that a due date is not met, the LCO may choose to terminate the agreement. Where the agreement is terminated, the LCO is not obligated to provide payment for any Deliverable that has not been provided to the LCO at the time of termination.
Contract researchers are expected to assign copyright to the LCO, but will retain moral rights to their work. Contract researchers will be given credit for their work when the LCO publishes materials resulting from their work in any format. Contract researchers may write separate materials, such as articles, arising out of their research for the LCO, with acknowledgement that the work was originally carried out for the LCO. Applicants are encouraged to review the LCO’s Policy on Copyright & Attribution available on the LCO website.