WHEREAS the Finance and Corporate Services Committee, at its meeting on November 7, 2023, considered the staff Report entitled, “Community Partners Insurance Program" [ACS2023-CMR-OCM-0010];
AND WHEREAS the Report recommended, in part, that “The existing Community Partners Insurance Program (CPIP) be discontinued” and that “Funding for the existing Community Partner Insurance Program be reallocated to programs comprising the City’s Community Funding Framework, including the Civic Events Funding, administrated by the Community and Social Services Department”;
AND WHEREAS the City will continue to provide coverage to non-profit organizations with a formal City agreement in place that manage facility access, maintain and supervise outdoor rinks, community gardens, and/or support the operation and delivery of affordable and accessible recreational opportunities to the community, on behalf of the City;
AND WHEREAS the recommendations contained in the Report sought to address concerns raised regarding the two-tiered nature of the existing CPIP, in which a limited group of community organizations receive City-paid Commercial and General Liability (CGL) insurance while others are required to fund their own premiums, and to respond to the Committee's direction issued at its September 5, 2023, meeting;
AND WHEREAS the Committee voted to defer consideration of the Report so that staff could undertake more consultation with community groups potentially affected by the proposed changes to the CPIP;
AND WHEREAS a number of engagement sessions have since been held with affected community groups, in which they were provided with an opportunity to express their views on what the appropriate structure and objective of the CPIP should be, as well as on what types of eligibility criteria would be considered reasonable, that would meet the City's interest in ensuring the groups participating in a revised CPIP meet the intent to provide municipal support to community neighbourhood animation and programming, and which would not be unduly onerous for the volunteers supporting these community groups or staff administering the program;
AND WHEREAS most participants in the engagement sessions expressed a clear preference for a CPIP that would support community groups that organize, host, and deliver community events open to the general public, at the neighbourhood level, by providing City-sourced and paid CGL insurance;
AND WHEREAS there was a clear consensus that the City should establish eligibility criteria that would ensure groups follow certain minimum governance standards, including such things as having a democratically-elected Board; having by-laws or a constitution, preparing annual financial statements and hosting an Annual General Meeting open to residents;
AND WHEREAS the need to establish the terms of a new CPIP, including definitions of qualifying groups, reasonable eligibility criteria, and an application process, means that a revised CPIP may not be ready for implementation prior to the renewal date for the 2024-2025 term;
AND WHEREAS some groups participating in the current CPIP may not be eligible for the new CPIP will need time to secure their own insurance, and to identify sources of financial support, including through the City's Community Funding Framework;
AND WHEREAS the implementation of a revised CPIP should not impose an additional burden on taxpayers;
AND WHEREAS the possibility that the insurance industry might, in the future, decline to offer the insurance necessary to support the CPIP, remains a concern and that groups relying on City support for their insurance needs should not be continuously at risk due to the possibility of cancellation of the CPIP;
THEREFORE, BE IT RESOLVED that staff be directed to implement a revised CPIP based on the following:
The City will continue to procure Commercial General Liability insurance on behalf of groups eligible to participate in the Program;
The Program will be directed at supporting traditional community associations/groups whose primary mandate is representing a neighbourhood on a broad range of civic matters and that is recognized for organizing hosting, and the direct delivery of community events, activities and programs open to the general public, at the neighbourhood level;
That the definition of neighbourhoods be informed by the Ottawa Neighourhood Study, as well as available community resources, association constitutions and other community resources that can validate community representation;
Participating community associations/groups will be required to meet certain legitimacy/eligibility criteria, including the following:
- Operate within the City of Ottawa as a not-for-profit group; AND
- Have been in existence for at least 2 years; AND
- Demonstrate financial viability and be in Good Standing with the City of Ottawa; AND
- Be governed by a democratically-elected Board of Directors or Committee of at least three independent and unrelated members; AND
- Demonstrate good governance practices by holding an Annual General Meeting, have a Board-approved Constitution or by-laws, hold meetings open to residents in their neighbourhood, produce annual financial statements; AND
- Have measures in place to ensure that they do not at any time sponsor or produce any materials that promote or oppose the candidacy of a person for elected office, or that promote or oppose a campaign related to a question on the ballot, in accordance with the City's Election-Related Resources Policy;
BE IT FURTHER RESOLVED THAT the revised CPIP be in place on or before January 1, 2025, so that the Program can be accounted for as part of the City's 2025 budget; and,
BE IT FURTHER RESOLVED THAT the CPIP be renewed, in its current form, for the 2024-2025 period, to allow groups that will no longer be eligible sufficient time to either secure alternate insurance coverage or sources of funding, including through the City's Community Funding Framework; and,
BE IT FURTHER RESOLVED THAT staff explore the possibility that in the renewal of the CPIP, in its current form, of a pro-rated policy for the period of June 1, 2024 to January 1, 2025 to help community participants bridge the transition period between programs; and,
BE IT FURTHER RESOLVED THAT that the General Manager, Recreation, Cultural and Facility Services Department review staffing requirements to implement and maintain the revised CPIP program, including intake screening, ongoing evaluation and compliance with participant eligibility, and including a broader City of Ottawa community liaison and support role on matters relating to governance and access to City key contacts, information and resources. The findings of this review will be reported back to Council by way of memo in anticipation of the 2025 budget; and
BE IT FURTHER RESOLVED THAT, in the event that staff are unable to procure the insurance necessary to support the Program, the funding dedicated to the CPIP be reallocated to a separate Community Insurance Support funding program within the Community Funding Framework, available to fund or reimburse third party liability insurance to the same category of community associations/groups and based on the same legitimacy/eligibility criteria, as the CPIP; and,
BE IT FURTHER RESOLVED staff conduct a comprehensive review as outlined in point 3 of the report before January 1, 2025, of the terms of the City’s Civic Events funding and similar community-engagement programs and contractual service delivery agreements, to minimize the City-imposed insurance burden on community organizations, without exposing the City to unreasonable risk.