THE CORPORATION OF THE TOWNSHIP OF ALFRED AND PLANTAGENET
BY-LAW 2023-56
WHEREAS Subsection 102.1(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (""Municipal Act, 2001""), provides that a municipality may require a person to pay an Administrative Penalty if the municipality is satisfied that the person failed to comply with any by-laws respecting the parking, standing, or stopping of vehicles;
AND WHEREAS Section 434.1(1) of the Municipal Act, 2001, provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the person has failed to comply with a by-law passed under the Municipal Act, 2001;
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to impose fees or charges on persons for services or activities provided or done by or on behalf of it;
AND WHEREAS Section 23.2, 23.3, and 23.5 of the Municipal Act, 2001 provides that a municipality may delegate its administrative and hearing powers;
AND WHEREAS Section 15.4.1(1) of the Ontario Building Code Act, 1992, S.O. 1992, c.23 as amended, authorizes the Township to require a person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the person has failed to comply with a By-law of the municipality;
AND WHEREAS the Council of the Township of Alfred and Plantagenet considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for its Designated By-laws, or portions of its Designated By-laws;
AND WHEREAS the Council of the Township of Alfred and Plantagenet is of the opinion that the delegations of legislative power under this By-law to the Clerk, the Hearings Officers and the Screening Officers are of a minor nature having regard to the number of people, the size of the geographic area, and the time period affected by the exercise of such delegated power;
AND WHEREAS the Council of the Township of Alfred and Plantagenet considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for the Designated Township By-laws, or portions of the Designated Township By-laws;
BE IT RESOLVED that the Council of the Township of Alfred and Plantagenet enacts the following:
- This By-law may be referred to as the Administrative Penalties System or AMPS By-law.
- "Administrative Fee" means any fee specified in this By-law or set out in the attached schedules.
- "Administrative Penalty" means an Administrative Penalty established by the By-law or set out in the attached schedules.
- "AMPS" means Administrative Monetary Penalty System.
- "Authorized Representative" means someone appearing on behalf of a Person in accordance with a written authorization provided upon request to the Clerk, and who is not required to be licensed by any professional body.
- "Clerk" means the Township Clerk, or any person delegated by them.
- "Council" means the Council of the Township of Alfred and Plantagenet.
- "Day" means any calendar day.
- "Designated By-law" means a by-law, or part of a provision of a by-law, that is designated under this or any other by-law and is listed in the attached schedules.
- "Extension Period" means a period from time to time established by the Clerk.
- "Hearing Non-appearance Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to appear at the time and place scheduled for a review before a Hearings Officer and listed in the attached schedules.
- "Hearing Decision" means a notice that contains a decision made by a Hearings Officer.
- "Hearings Officer" means a person who performs the functions of a Hearings Officer in accordance with Section 7 - Review by Hearings Officer - of this By-law, as amended from time to time.
- "Holiday" means a Saturday, Sunday, any statutory holiday in the Province of Ontario, or any Day the offices of the Township are officially closed for business.
- "Late Payment Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to pay an Administrative Penalty within the time prescribed in this By-law and listed in the attached Schedule "B".
- "MTO Search Fee" means an Administrative Fee established by Council from time to time for any search of the records of, or any inquiry to, the Ontario Ministry of Transport (MTO), related authority, and listed in the attached Schedule "B".
- "NSF Fee" means an Administrative Fee established by Council from time to time in respect of payment by negotiable instrument or credit card received by the Township from a Person for payment of any Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn and is listed in the attached Schedule "B".
- "Officer" means a Municipal Law Enforcement Officer of the Township or other person appointed by or under the authority of a Township By-law Officer to enforce Township by-laws.
- "Penalty Notice" means a notice given to a Person pursuant to Section 4 - Penalty Notice - of this By-law.
- "Penalty Notice Date" means the date of the contravention specified on the Penalty Notice, in accordance with Section 4 - Penalty Notice - of this By-law.
- "Penalty Notice Number" means the reference number specified on the Penalty Notice that is unique to that Penalty Notice, in accordance with Section 4 - Penalty Notice - of this By-law.
- "Person" includes an individual or a business name, sole proprietorship, corporation, partnership, or limited partnership, or an authorized representative thereof, and, in relation to vehicle, parking, or traffic-related contraventions, whose name appears on the vehicle permit as provided by the Ontario Ministry of Transportation. If the vehicle permit consists of a vehicle portion and licence plate portion, and different Persons are named on each portion, the Person whose name appears on the licence plate portion, as provided by the Ontario Ministry of Transportation, is the Person for the purpose of this By-law.
- "Regulation" means Ontario Regulation 333/07 under the Municipal Act, 2001.
- "Request for Extension" means the prescribed form to be used to request an extension to obtain a Screening or Review by a Screening or Hearings Officer, attached hereto as Schedules "D" and "E".
- "Request for Review by a Hearings Officer" means the request which may be made in accordance with Section 7 - Review by Hearings Officer - of this By-law for the review of a Screening Decision.
- "Request for Review by a Screening Officer" means the request made in accordance with Section 6 - Review by Screening Officer - of this By-law for the review of a Penalty Notice.
- "Request for Review Form" means the prescribed form to be used to request a Review by a Screening or Hearings Officer, attached hereto as Schedule "C".
- "Review by Hearings Officer" and "Hearing" means the process set out in Section 7 - Review by Hearings Officer - of this By-law.
- "Review by Screening Officer" and "Screening Review" means the process set out in Section 6 - Review by Screening Officer - of this By-law.
- "Second Offence Set Penalty" means the second offence set penalty set out in attached Schedule "A" Column A5 for the related contravention if the same violation is repeated by the same person within three hundred and sixty-fixe (365) days of the previous Notice of Penalty being issued in accordance with the By-law.
- "Screening Decision" means a notice which contains the decision of a Screening Officer, delivered in accordance with Section 6 - Review by Screening Officer - subsection 13 of this By-law.
- "Screening Non-appearance Fee" means any person who performs the functions of a Screening Officer in accordance with Section 6 - Review by Screening Officer" of this By-law, as designated by the Council.
- "Third Offence Set Penalty" means the third offence set penalty set out in attached Schedule "A" Column A6 for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law.
- "Township" means the Corporation of the Township of Alfred and Plantagenet.
- The Township By-laws, or portion of the Township By-laws, listed in the attached Schedule "A" of this By-law shall be Designated By-laws for the purposes of Sections 102.1 and 151 of the Municipal Act, 2001 and paragraph 3(1)(b) of the Regulation. The attached Schedule "A" sets out the short form language to be used on Penalty Notices for the contraventions of Designated By-laws.
- Schedule "B" of this By-law shall set out Administrative Fees imposed for the purposes of this By-law.
- The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, does not apply to a contravention of a Designated By-law.
- Every person who contravenes a provision of a Designated By-law shall, upon issuance of a Penalty Notice, be liable to pay the Township an Administrative Penalty in the amount specified in the attached Schedule "A". Where the contravention is in relation to property that is jointly owned, all registered property owners shall be jointly liable for the Penalty.
- An Officer who has reason to believe that a Person has contravened any Designated By-law may issue a Penalty Notice as soon as reasonably practicable.
- A Penalty Notice shall include the following information, as applicable:
- The Penalty Notice Date.
- A Penalty Notice Number.
- The date on which the Administrative Penalty is due and payable, fifteen (15) days from service of the Penalty Notice.
- The identification number and signature of the Officer.
- The contravention wording as listed in the attached Schedules, or other particulars reasonably sufficient to indicate the contravention.
- The amount of the Administrative Penalty
- Such additional information as the Clerk determines is appropriate, respecting the process by which a Person may exercise the right to request a Screening Review of the Administrative Penalty; and
- A statement advising that an unpaid Administrative Penalty, including any applicable Administrative Fee(s), will constitute a debt of the person to the Township unless cancelled pursuant to a Screening Review or Hearing process
- The amount due for a Penalty Notice is:
- The set penalty amount date on which the Administrative Penalty is due and payable, fifteen (15) days from service of the Penalty Notice.
- The Second Offence Administrative Penalty set out in Schedule "A" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law; or
- The Third Offence Administrative Penalty set out in Schedule "A" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law.
- In addition to the service methods provided in Section 8 - Service of Documents - of this By-law, an Officer may serve the Penalty Notice on a Person by:
- Affixing it to the vehicle in a conspicuous place at the time of a parking or traffic-related contravention; or
- When relating to a parking or traffic-related contravention, the Person having care and control of the vehicle at the time of the contravention, within seven (7) days of the contravention; or
- for all other contraventions, within thirty (30) days of the contravention.
- No Officer may accept payment of an Administrative Penalty or Administrative Fee.
- A Person who is served with a Penalty Notice and who does not pay the amount of the Administrative Penalty on or before the date on which the Administrative Notice is due and payable, shall also pay the Township any applicable Administrative Fee(s) as specified in the attached Schedule "B" to this By-law.
- Affixing it to the vehicle in a conspicuous place at the time of a parking or traffic-related contravention; or
- When a Penalty Notice has been paid, the Penalty Notice shall not be subject to any further review.
- A Penalty Notice shall be deemed to have been paid when the amount and all fees prescribed in the Schedule "B" have been paid.
- A Person who is served with a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer and shall do so on or before the date on which the Administrative Penalty is due and payable as defined in Section 4 - Penalty Notice - subsection 3(3) and in accordance with the process set out in Section 6 - Review by Screening Officer - subsection 4.
- If a Person has not requested a Screening Review on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Clerk extend the time to request a Screening Review to a date that is no later than forty-five (45) days after the Penalty Notice Date, in accordance with the process set out in Section 6 - Review by Screening Officer - subsection 4.
- A Person's right to request an extension of time for a Screening Review expires, if it has not been exercised, or before forty-five (45) days after the Penalty Notice Date, at which time:
- The Person shall be deemed to have waived the right to request a Screening Review or request an extension of time for a Screening Review.
- The Administrative Penalty shall be deemed to be confirmed; and
- The Administrative Penalty shall not be subject to any further review, including a review by any court.
- A Person's Request for Review by Screening Officer or request for an extension of time to request a Screening Review shall be exercised by a submission in writing, using the Request for Review Form, attached hereto as Schedule "C" or Schedule "D" and in accordance with the directions included therein:
- Requests for a Review by a Screening Officer that are not in the prescribed format shall be deemed to be invalid.
- A Request for Review by Screening Officer or request for an extension of time to request a Screening Review shall be served in accordance with the provisions of Section 8 - Service of Documents - subsection 5 of this By-law.
- A Request for Review by Screening Officer or a request for an extension of time to request a Screening Review shall only be scheduled by the Clerk if the Person makes the request on or before the dates established by Sections 6 - Review by Screening Officer - subsection 1 or 2 of this By-law.
- The Clerk may grant a request to extend the time to request a Screening Review where the Person demonstrates, to the satisfaction of the Clerk in his or her sole discretion, that the existence of extenuating circumstances prevented the filing of the request within the prescribed timeline.
- Where an extension of time to request a Screening Review is not granted by the Clerk, the Administrative Penalty and any applicable Administrative Fee(s) are deemed to be confirmed. Notice of this decision will be provided by the Clerk to the Person in accordance with Section 8 - Service of Documents.
- Where an extension of time to request a Screening Review is granted by the Clerk, or when a Screening Review has been requested in accordance with this Section, notice of an Appointment for Screening Review will be provided in accordance with Section 8 - Service of Documents.
- On a Screening Review, by a Screening Officer, of an Administrative Penalty, the Township will direct the Review by a Screening Officer to proceed by way of written Screening unless, at the discretion of the Township, an in-person or telephone appointment is required.
- Where a Person fails to provide requested documentation in accordance with a request by a Screening Officer:
- The Person shall be deemed to have abandoned the request for a Screening Review of the Administrative Penalty.
- The Administrative Penalty as set out in the Penalty Notice shall be deemed to be confirmed
- The Administrative Penalty shall not be subject to any further review, including a review by any court; and
- The Person shall pay to the Township a Screening Non-appearance Fee, MTO Search Fee, if applicable, and any other applicable Administrative Fee(s).
- On a review of an Administrative Penalty, the Screening Officer may:
- Affirm the Administrative Penalty if the Person has not established on a balance of probabilities that Designated By-law(s) was not contravened as described in the Penalty Notice; or
- Cancel, reduce the penalty, and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s), where, in the sole discretion of the Screening Officer, doing so would maintain the general intent and purpose of the Designated By-law, and/or any of the following circumstances exist.
- Defective form or substance of the Penalty Notice.
- Service of the Penalty Notice did not occur in accordance with Section 6 - Review by Screening Officer.
- Undue financial hardship.
- After a Review by Screening Officer, the Screening Officer shall issue a Screening Decision to the Person, delivered in accordance with Section 8 - Service of Documents - of this By-law.
- A Screening Officer has no authority to consider questions relating to the validity of a statue, regulation, or by-law or the constitutional applicability or operability of any statue, regulation, or by-law.
- A Person's Request for a Review by a Screening Officer shall take place within forty-five (45) days upon receipt of the Request for Review Form.
- A Person may request a Review by a Hearing Officer within thirty (30) days of issuance of a Screening Decision in accordance with the Hearings Officer By-law 2023-57, as amended from time to time.
- If a Person has not requested a Review by a Hearing Officer on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Clerk extend the time to request a Review by a Hearings Officer to a date that is no later than forty-five (45) days after the Screening Decision date, at which time:
- A Person's right to request an extension of time for a Hearing Review expires, if it has not been exercised, on or before forty-five (45) days after the Screening Decision date, at which time:
- The Person shall be deemed to have waived the right to request a Review by a Hearing Officer or request an extension of time for a Review by a Hearings Officer.
- The Administrative Penalty shall not be subject to any further review, including a review by any court.
- A Person's Request for Review by a Hearings Officer or request for an extension of time to request a Review by a Hearings Officer are exercised by a submission in writing, using the Request for Review Form, attached hereto as Schedule "C", or Schedule "E", and in accordance with the directions included therein:
- Requests for a Review by a Hearings Officer that are not in the prescribed format shall be deemed to be invalid.
- A Request for Review by Hearings Officer or request for an extension of time to request a Hearing Review by a Hearings Officer shall be served in accordance with the provisions of Section 8 - Service of Documents - subsection 5 of this By-law.
- A Request for Review by a Hearings Officer or a request for an extension of time to request a Review by a Hearing Officer shall only be scheduled by the Clerk if the Person makes the request on or before the dates established by Section 7 - Review by Hearings Officer - subsections 1 and 2 of this By-law.
- The Clerk may grant a request to extend the time to request a Review by a Hearing Officer only where the Person demonstrates, to the satisfaction of the Director, Construction and Protective services in his/her sole discretion that they were not served in accordance with Section 7 - Review by Hearings Officer.
- Where an extension of time to request a Review by a Hearings Officer is granted by the Clerk, or when a Review by a Hearings Officer has been requested in accordance with this Section, Notice of a Hearing will be provided in accordance with Section 8 - Service of Documents.
- Where a Person fails to appear at the time and place scheduled for a Hearing:
- The Person shall be deemed to have abandoned the Request for Review of a Hearing
- The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall be deemed to be confirmed.
- The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall not be subject to any further review, including a review by any court; and
- The Person shall pay to the Township a Hearing Non-appearance Fee, Late Payment Fee, MTO Search Fee if applicable and any other applicable Administrative Fee(s)
- A Review by a Hearings Officer de novo shall be conducted in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended, and Screening and Hearings Officer By-law no. 2023-57, as amended from time to time.
- The Parties to a Review by a Hearings Officer shall be the Person seeking review and the Township, who may attend through the Clerk, a Screening Officer, an Officer, or a delegate of any of the above persons.
- Any information contained in the Penalty Notice is admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary. If a Person wishes to challenge the facts contained in the Penalty Notice, they will be required to mark the Request for Review Form accordingly.
- Upon the conclusion of a Review by a Hearing Officer, the Hearing Officer may:
- Confirm the Screening Decision; or
- Cancel, reduce the penalty, and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s) on the following grounds:
- Where the Person establishes on a balance of probabilities that the Designated By-law(s) as described in the Penalty Notice was not contravened.
- Where the Person establishes on a balance of probabilities that the cancellation, reduction, or extension of time for payment of the Administrative Penalty, including any Administrative Fee(s), is necessary to relieve any undue financial hardship.
- A Hearing Officer has no authority to consider questions relating to the validity of a statute, regulation, or by-law or the constitutional applicability or operability of any statute, regulation, or by-law.
- After a Review by a Hearing Officer is complete, the Hearing Officer shall issue a Hearing Decision to the Person and deliver it in accordance with the Hearing Officer By-law.
- The decision of the Hearing Officer is final.
- A Person's Request for a Review by a Hearing Officer shall take place within forty-five (45) days upon receipt of the Request for Review Form.
- Any notice of decision, including a Penalty Notice, made pursuant to this By-law, when served in any of the following ways, is deemed effective:
- Immediately, when a copy is delivered by personal service to the Person to whom it is addressed or, in the case of a Penalty Notice relating to a parking or traffic-related contravention, by affixing it to the vehicle in a conspicuous place at the time of the contravention.
- On the seventh (7th) Day following the date a copy is sent by registered mail or by regular mail to the Person's last known address.
- Immediately upon the conclusion of a copy by electronic mail (i.e. mail) to the Person's last known electronic mail address.
- For the purpose of Section 8 - Service of Documents - subsections 1(2) and 1(3) of this By-law, a Person's last known address and electronic mail address includes an address, and electronic mail address provided by the Person to the Township as may be required by a form, practice, or policy under this By-law.
- If a notice document that is to be given or delivered to a Person under this By-law is mailed to the Person at the Person's last known address appearing on the records of the Township as part of a proceeding under this By-law, or sent electronically to an email address that was provided by the Person, there is a presumption that the notice or document is given or delivered to the Person.
- A Person shall keep their contact information for service current by providing any change in address or electronic mail address to the Clerk when a Person makes a request for an extension of time to Request a Review by a Screening Officer pursuant to Section 6 - Review by Screening Officer - subsection 2 or a Request for a Review by a Hearing Officer pursuant to Section 7 - Review by Hearings Officer - subsection 4.
- Absent extenuating circumstances, the Clerk shall not grant an extension of time on the basis that a Person did not receive notice where that Person failed to keep their contact information up to date as required by this part.
- Where this By-law requires services by a Person on the Township, service shall be addressed to the Clerk, and shall be deemed effective:
- Immediately, when a copy is delivered by personal service to the Clerk at the location prescribed on the applicable form or notice.
- On the seventh (7th) Day following the date a copy is sent by registered mail or by regular mail to the location prescribed on the applicable form or notice; or
- Immediately, with respect to electronic mail.
- The Clerk shall administer this By-law and establish any additional practices, policies, and procedures necessary to implement this By-law and may amend such practices, policies, and procedures from time to time as the Clerk deems necessary, without amendment to this By-law.
- The Clerk shall prescribe all forms and notices, including the Penalty Notice, necessary to implement this By-law and may amend such forms and notices from time to time as the Clerk deems necessary, without amendment to this By-law.
- Any Administrative Fee(s) prescribed within Schedule "B" of this By-law shall be added to and be deemed part of the penalty amount unless otherwise rescinded by the Hearing Officer.
- Where an Administrative Penalty is not paid by the date on which the Administrative Penalty is due and payable, the Person shall pay to the Township a Late Payment Fee, in addition to the Administrative Penalty and any applicable Administrative Fee(s).
- Where a Person makes payments to the Township of any Administrative Penalty, Administrative Fee(s), or Late Payment Fee(s) by negotiable instrument or credit card, for which there are insufficient funds available in the account on which the instrument was drawn, the Person shall pay to the Township the NSF Fee set out in the Township's Fee By-law.
- An Administrative Penalty, including any Administrative Fee(s), that is confirmed or reduced, or in respect of which the time for payment has been extended, remaining unpaid after the date when it is due and payable, constitutes a debt to the Township owed by the Person.
- Where an Administrative Penalty involves a vehicle, the Township may notify the Registrar of Motor Vehicles, resulting in plate denial. At the time that plate denial is requested, a plate denial fee will be added in accordance with Schedule "B" of this By-law and shall be added to the total debt owed to the Township.
- Where an Administrative Penalty, including any applicable Administrative Fee(s) or Late Payment Fee(s), are not paid within fifteen (!5) days after it becomes due and payable, they shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with Section 434.2 of the Municipal Act, 2001.
- Where an Administrative Penalty is cancelled by a Screening Officer or Hearing Officer, any Administrative Fee(s) are also cancelled.
- An Authorized Representative is permitted to appear on behalf of a Person at a Review by a Hearings Officer, or to communicate with the Township on behalf of a Person in accordance with a written authorization satisfactory to the Clerk.
- Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday.
- A Person claiming financial hardship under this By-law shall provide documented proof of the financial hardship to the Clerk, the Screening Officer, or the Hearings Officer, as applicable.
- Any Schedule attached to this By-law forms part of this By-law.
- Should any provision, or any part of a provision of this By-law be declared invalid, or to be of no force and effect by a court of competent jurisdiction, it is the intent of Council that such a provision, or part of a provision, shall be severed from this By-law, and every other provision of this By-law shall be applied and enforced in accordance with its terms to the extent possible according to law.
- The Provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Schedule "F", shall apply to this By-law.
- Where words and phrases used in this By-law are defined in the Highway Traffic Act, but not defined in this By-law, the definitions in the Highway Traffic Act shall apply to such words and phrases.
- This By-law shall come into force and effect on October 3, 2023.
- The Clerk of the Township of Alfred and Plantagenet is hereby authorized to make any minor modifications or corrections of an administrative, numeric, grammatical, semantic, or descriptive nature or kind to the By-law and Schedule(s) as may be deemed necessary after the passage of this By-law, where such modifications or corrections do not alter the intent of the By-law.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7TH DAY OF NOVEMBER, 2023.
Signed by Yves Laviolette, Mayor, and by Annie Rochefort, Clerk.
SCHEDULE "B"
Administrative Fees
- MTO Search Fee: $10.00
- Late Payment Fee: $25.00
- NSF Fee: $25.00
- Screening Non-appearance Fee: $50.00
- Hearing Non-appearance Fee: $100.0
- Plate Denial Request Fee: $22.00
- Service by Registered Mail Fee: $15.00
- Title Search Fee: $40.00
- Adjudication Fee: $25.00
*Note: Fees listed in Schedule ""B"" of this By-law will be subject to Harmonized Sales Tax (H.S.T.) where applicable.
SCHEDULE "C"
Request for a Review Form
View the form to request a review by a screening or hearings officer.
SCHEDULE "D"
Request for Extension to Obtain a Screening Form
View the form to request an extension to obtain a screening.
SCHEDULE "E"
Request for Extension to Obtain a Hearing Form
View the form to request an extension to obtain a hearing.