Reference 23-101-CRS

THE CORPORATION OF THE CITY OF CAMBRIDGE BY-LAW 23-050

Being a by-law to establish an Administrative Penalty System for violations of by-laws within the City of Cambridge

WHEREAS section 102.1 of the Municipal Act, 2001, S.O. 2001, c. 25, (the "Municipal Act, 2001") and 0. Reg. 333/07, authorizes the City to require a person to pay an Administrative Penalty for a contravention of any by-law respecting the parking, standing, or stopping of vehicles;

AND WHEREAS section 434.1 of the Municipal Act, 2001 authorizes the City 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 City;

AND WHEREAS subsection 434.2(2) of the Municipal Act provides that if an administrative penalty imposed under section 434.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of a local municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes"

AND WHEREAS section 15.4.1 of the Building Code Act, 1992, authorizes the City 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 passed under section 15.1 of the Building Code Act, 1992; or an order of an officer under subsection 15.2 (2) as deemed confirmed or as confirmed or modified by the committee or a judge under section 15.3 of the Building Code Act, 1992;

AND WHEREAS Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 authorize the City to delegate its administrative and hearing powers;

AND WHEREAS section 391 of the Municipal Act, 2001 authorizes the City to pass by-laws imposing fees or charges for services or activities provided or done by or on behalf of it;

AND WHEREAS the Council for the City considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for the designated by-laws set out herein;

NOW THEREFORE the Council of the Corporation of the City of Cambridge enacts as

follows:

Interpretation and Definitions

1.             A reference to any legislation, by-law, or any provision thereof in this By-law shall include reference to any amendment to, modification or re-enactment thereof, any legislative provision substituted therefor, any regulation made thereunder, and any successor legislation or by-law.

2.              Where words and phrases used in this by-law are not defined herein but are defined in the Highway Traffic Act, R.S.0. 1990, c. H. 8, the definitions in the Highway Traffic Act shall apply.

3.             For the purpose of this By-law:

"Administrative Penalty" means an administrative penalty as set out in Schedules "A" and "B" of this By-law, for a contravention of a Designated By-law;

"City" means the Corporation of the City Cambridge and includes the geographical area within the City;

"Clerk" means the City Clerk, or anyone designated by the City Clerk to perform their duties pursuant to this By-law;

"Court" means any court of law of the Province of Ontario, including but not limited to the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal for Ontario;

"Designated By-law" means a by-law, or a part or provision of a by-law, that is designated under this or any other by-law, and is listed in the attached Schedules "A" and "B";

"Effective Date of Service" means the date on which service of a Penalty Notice is deemed to be effective in accordance with this By-law;

"Fees" includes the following:

(a)           "Administrative Fee" means any fee(s) listed in Schedule "C" of this By-law;

(b)           "Hearing Non-Appearance Fee" means an Administrative Fee established by the City from time to time, as listed in Schedule "C" in respect of a Person's failure to appear at the time and place scheduled for a hearing before a Hearing Officer;

(c)            "Late Payment Fee" means an Administrative Fee established in

Schedule "C" of this By-law in respect of a Person's failure to pay an Administrative Penalty within the time prescribed in this By-law;

(d)           "MTO Plate Denial Fee" means an Administrative Fee listed in Schedule "C", as represented by the Ontario Ministry of Transportation, for notifying the Registrar of Motor Vehicles for the purpose of denying renewal of a vehicle permit;

(e)           "MTO Search Fee" means an Administrative Fee established by the City from time to time for any search of the records of, or any inquiry to, the Ontario Ministry of Transportation, or related authority, for the purposes of this By-law;

(f)             "NSF Fee" means a fee established by the City, as set out in the Fees & Charges By-law, in respect of any payment to the City from a Person, for which there are insufficient funds available, or the transaction is declined; and

(g)           "Screening Non Appearance Fee" means an Administrative Fee established by the City from time to time, as listed in Schedule "C" in respect of a Person's failure to appear at the time and place scheduled for a review by a Screening Officer.

"Hearing Decision" means a notice that contains the decision of a Hearing Officer;

"Hearing Officer" means any person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Hearing Officer in accordance with this By-law and pursuant to the Town's Screening and Hearing Policy;

"Hearing Officer Appeal Form" means the form attached to the Screening Decision that may be filed by a Person under this By-law;

"Holiday" means a Saturday, Sunday and any statutory holiday in the Province of Ontario or any day on which the offices of the City are officially closed for business;

"Non-Parking By-law Penalty Notice" means a Penalty Notice issued pursuant to section 9 of this By-law in respect of a contravention of a provision of a Designated By-law listed in Schedule "B" of this By-law;

"Officer" means a person appointed/authorized by the City to enforce a Designated By-law, or a police officer employed by the Waterloo Regional Police Service;

"Owner" means the Person whose name appears on the permit for the vehicle as provided by the Ontario Ministry of Transportation, and if the vehicle permit consists of a vehicle portion and a plate portion and different Persons are named on each portion, the Person whose names appears on the plate portion;

"Parking Penalty Notice" means a Penalty Notice issued pursuant to section 8 of this By-law in respect of a contravention of a contravention of a provision of a Designated By-Law listed in Schedule "A" of this By-law;

"Penalty Notice" means a notice as described in this-By-law, and for greater certainty includes both a Non-Parking By-law Penalty Notice and a Penalty Notice;

"Penalty Notice Date" means the date of the contravention;

"Penalty Notice Number" means the reference number specified on the Penalty Notice that is unique to that Penalty Notice, pursuant to this By-law;

"Person" includes an individual, corporation, a partnership, an association or an authorized representative thereof;

"Provincial Offences Acf' means the Provincial Offences Act, R.S.O. 1990, c. P. 33;

"Regulation" means 0. Reg. 333/07, made under the Municipal Act, 2001 and any regulation enacted with respect to section 434.1 of the Municipal Act, 2001;

"Screening and Hearing Officer By-law" means a by-law of the City to appoint screening and hearing officers, as amended from time to time, or any successor thereof;

"Screenin� Decision" means a notice which contains the decision of a Screening Officer;

"Screening Officer" means any person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a screening officer pursuant to this By-law;

"Statutory Powers Procedure Acf' means the Statutory Powers Procedure Act,

R.S.O. 1990, c. S. 22.

Application

4.             The By-laws, or portions of By-laws, listed in the attached Schedule "A" of this By-law shall be Designated By-laws for the purposes of Section 102.1 of the Municipal Act, 2001 and paragraph 3(1)(b) of the Regulation.

5.             The By-laws, or portions of By-laws, listed in the attached Schedule "B" of this By-law shall be Designated By-laws for the purposes of Section 434.1 of the Municipal Act, 2001.

6.             Schedules "A" and "B'' set out the Administrative Penalty, and include short form wording to be used on Penalty Notices, for the contraventions of By-laws listed in Schedules "A" and "B", respectively.

Administration

7.             The Clerk may:

(a)           designate areas within the City, or at another location, as approved, and determine times, for conducting reviews and hearings under this By-law;

(b)           prescribe all forms, notices, including the Penalty Notice, guidelines, processes, policies, and procedures, necessary to implement the By-law and the administrative penalty system, and to amend such forms, notices, guidelines, policies, procedures, and processes from time to time as the Clerk deems necessary without amendment to this by-law; and

(c)            amend the Administrative Fees, as may be necessary to reflect changes in fees imposed by the Province of Ontario in relation to the administration of the administrative penalty system.

Penalty Notice - Parking

8.             If a vehicle has been left parked, standing or stopped in contravention of a provision of a Designated By-Law listed in Schedule "A" the Owner of the vehicle shall, upon issuance of a Parking Penalty Notice in accordance with this By-Law, be liable to pay to the City an Administrative Penalty in the amount specified in Schedule "A", and shall be liable to pay to the City any Administrative Fees in accordance with this By-Law.

Penalty Notice - Non-Parking By-law

9.             If a Person is found to have contravened a provision of Designated By-Law listed in Schedule "B'', the Person shall, upon issuance of a Non-Parking By-law Penalty Notice in accordance with this By-Law, be liable to pay to the City an Administrative Penalty in the amount specified in Schedule "B", and shall be liable to pay to the City any Administrative Fees in accordance with this By-Law.

10.          (a)       If a Person is found to have contravened the same provision of a Designated By-law listed in Schedule "B" for a second time within a

twenty-four (24) month period commencing on the date that the first

Non-Parking By-law Penalty Notice is deemed to be affirmed, the Person shall, upon issuance of a subsequent Non-Parking By-law Penalty Notice, be liable to pay an administrative penalty to the City in the amount of $100 more than the amount specified in Schedule "B'', and shall be liable to pay to the City any Administrative Fees in accordance with this By-law.

(b)       If a Person is found to have contravened the same provision of a Designated By-law listed in Schedule "B" for a third time within a twenty-four (24) month period commencing on the date that the first  Non-Parking Penalty Notice is deemed to be affirmed, the Person shall, upon issuance of a subsequent Non-Parking By-law Penalty Notice, be liable to pay an administrative penalty to the City in the amount of $200 more than

the amount specified in Schedule "B", and shall be liable to pay to the City any Administrative Fees in accordance with this By-law.

Officer to Issue Penalty Notice

8.              An Officer who has reason to believe that a Person has contravened a Designated By-Law may issue a Penalty Notice in accordance with this By-Law.

Penalty Notice - Information Required

9.              The Penalty Notice shall include the following information:

(a)           the Penalty Notice Date;

(b)           the Penalty Notice Number;

(c)            the short form wording for the contravention listed in Schedule "A" (Parking) or Schedule "B'' (Non-Parking By-law), as the case may be, which describes the particulars of the contravention;

(d)            the amount of the Administrative Penalty;

(e)           information respecting the process by which the person may pay the Administrative Penalty or request a review of the Administrative Penalty;

(f)             a statement advising that an Administrative Penalty, including any Administrative Fee, will, unless cancelled or reduced pursuant to a review, constitute a debt of the Owner or Person, to the City; and

(g)           the name or identification number of the Officer issuing the Penalty Notice.

Payment Deadline - Parking Penalty Notice

10.          (a)

Payment of an Administrative Penalty payable pursuant to a Parking Penalty Notice is due within fifteen (15) calendar days from the Effective Date of Service of the Penalty Notice in accordance with this By-law.

(b)       If the Owner fails to make payment of the Administrative Penalty before payment due date set out in subsection (a), the Owner shall be liable to pay, in addition to the amount of the Administrative Penalty, the designated Late Payment Fee set out in Schedule "C" of this By-law.

Payment Deadline - Non-Parking Penalty Notice

11.          (a)

12.          (b)

Payment of an Administrative Penalty payable pursuant to a Non-Parking By-law Penalty Notice is due within thirty (30) calendar days from the Effective Date of Service of the Penalty Notice in accordance with this By-law.

If the Person fails to make payment of the Administrative Penalty before payment due date set out in subsection (a), the Person shall be liable to pay, in addition to the amount of the Administrative Penalty, the designated Late Payment Fee set out in Schedule "C" of this By-law.

Review by Screening Officer

13.          A Person who is served with a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer within fifteen (15) calendar days of the Effective Date of Service and shall do so on or before the date on which the Administrative Penalty is due and payable.

14.          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 Screening Officer extend the time to request a review for a period up to thirty (30) days after the Penalty Notice due date.

15.          In order to request a Screening Review pursuant to Section 13 or to request an extension of time to request Screening Review pursuant to Section 14, a Person shall, using the prescribed forms, deliver to the City written notice of the request that includes:

(a)           the Penalty Notice Number;

(b)           the Person's mailing address and, if applicable, telephone number, and e-mail address;

(c)            in the case of a request to extend time to request a review, the reasons, if any, for having failed to exercise the right to request a review within thirty

(30) days from the date the Penalty Notice was served; and

(d)           the Person's preference of the following options for a Screening Review meeting format:

(i)             in-person;

(ii)            by telephone;

(iii)           remotely by videoconference; or

(iv)           in writing.

16.          Upon receipt of the request for review, the Screening Officer shall determine the format to be used for the review, including but not limited to in-person, by telephone, remotely by videoconference or in writing.

17.           Written submissions to a Screening Officer relating to a scheduled screening review shall be submitted to the Screening Officer by 12:00 noon, one business day prior to the review.

18.          Unless the screening review proceeds in writing, the Person shall be provided no fewer than seven (7) calendar days' notice of the date, time, and place of the Screening Review.

19.          Unless the screening review proceeds in writing, if the Person fails to appear at the time and place scheduled for a screening review, or fails to remain at such place until the Screening Officer has made a Screening Decision respecting the Administrative Penalty,

(a)            the Person shall be deemed to have abandoned the request for the review;

(b)            the Administrative Penalty shall be deemed to be final;

(c)            the Administrative Penalty shall not be subject to further review by a Hearing Officer or review by any Court; and

(d)           the Person shall pay to the City a Screening Non-Appearance Fee as set out in Schedule "C".

20.          Every Person who has requested a review by a Screening Officer shall be served with a copy of the Screening Decision within 15 calendar days of the Screening Review.

21.          When dealing with a request to extend the time to request a screening review pursuant to Section 14, the Screening Officer may only extend the time to

request a review of the Administrative Penalty where the Person requesting the extension demonstrates, on a balance of probabilities, extenuating circumstances that warrant the extension of time. The Screening Officer shall consider the request for extension before reviewing the Administrative Penalty.

22.          Where an extension of time to request a review is not granted by the Screening Officer, the Administrative Penalty and any applicable Administrative Fees shall be deemed to be affirmed and shall not be subject to review.

23.          Where neither a review nor an extension of time for review are requested in accordance with this By-law, or where the person fails to request a review within any extended period of time granted by the Screening Officer:

(a)           the Person shall be deemed to have waived the right to a screening and a hearing;

(b)           the Administrative Penalty, and any applicable Administrative Fees, shall be deemed to be affirmed; and

(c)            the Administrative Penalty, and any applicable Administrative Fees, shall not be subject to review.

24.          On a review of an Administrative Penalty, the Screening Officer may:

(a)           affirm the Administrative Penalty (including any applicable Administrative Fees, or the Screening Officer); or

(b)           cancel, reduce, or extend the time for payment of the Administrative Penalty (including any applicable Administrative Fees), on the following grounds:

(i)             in a review of a Parking Penalty Notice, where the Screening Officer is satisfied, on a balance of probabilities, that the vehicle was not parked, standing, or stopped in contravention of the Designated By-law as set out in the Penalty Notice;

(ii)            in a review of a Non-Parking By-law Penalty, where the Screening Officer is satisfied, on a balance of probabilities, that the Person did not contravene a Designated By-law as set out in the Penalty Notice.

(iii)           Where the Screening Officer is satisfied, on a balance of probabilities, that the cancellation, reduction, or extension of the time for payment of the Administrative Penalty, including any applicable Administrative Fees, is necessary to reduce any undue hardship.

25.          A Screening 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.

Review by Hearing Officer

26.          A Person may request a review by a Hearing Officer on or before the due and payable date for the Administrative Penalty listed in the Screening Decision.

27.          If a Person has not requested a review hearing on or before the date on which the Administrative Penalty is due and payable, the Screening Decision shall be deemed final unless the Person requests within thirty (30) calendar days after the Screening Decision was served that the Hearing Officer extend the time to appeal.

28.          A Person's right to appeal the Screening Decision to a Hearing Officer, or request an extension of time to appeal, shall be exercised by giving to the City written notice of the request to appeal that includes:

(a)           the Penalty Notice Number;

(b)           the Person's mailing address and, if applicable, telephone number, and email address;

(c)            in the case of a request to extend time to appeal, the reasons, if any, for having failed to exercise the right to appeal within thirty (30) days from the date the Screening Decision was served; and

(d)           the reasons for which the appeal has been requested.

29.          Written notice of the request to appeal or to request an extension of time to appeal shall be provided by completing the Hearing Officer Appeal Form and delivering it to the City.

30.          The Person shall be given at least thirty (30) calendar days notice of date, time, and place of the hearing of the appeal by the Hearing Officer.

31.          If the Person fails to appear at the time and place scheduled for the hearing of the appeal:

(a)           the Person shall be deemed to have abandoned the appeal;

(b)           the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be final and shall not be subject to any further review, including review by any Court;

and

(c)            the Person shall pay to the City a Hearing Non-Appearance Fee.

32.          The Hearing Officer shall not make a determination with respect to a review of the Screening Decision where a Person appears unless he or she has given the Person an opportunity to be heard.

33.          The Hearing Officer may only extend the time to appeal the Screening Decision where the Person requesting the extension demonstrates, on a balance of probabilities, extenuating circumstances that warrant the extension of time. The Hearing Officer will consider the request for extension before reviewing the Screening Decision.

34.           Where an extension of time to appeal is not granted by the Hearing Officer, the Screening Decision shall be deemed to be affirmed, and shall not be subject to review.

35.           Where neither an appeal hearing nor an extension of time to appeal are requested in accordance with this By-law, or where the person fails to appeal within any extended period of time granted by the Hearing Officer:

(a)           the person shall be deemed to have waived the right to an appeal hearing;

(b)           the Screening Decision shall be deemed to be affirmed; and

(c)            the Screening Decision shall not be subject to review.

36.          (a)       On a review of a Screening Decision relating to a Parking Penalty Notice, the Hearing Officer may affirm the Screening Decision, or the

Hearing Officer may cancel, reduce, or extend the time for payment of the Administrative Penalty, including any applicable Administrative Fees, on the following grounds:

(i)             Where the Hearing Officer is satisfied, on a balance of probabilities, that the vehicle was not parked, standing, or stopped in contravention of the Designated By-law set out in the Penalty Notice; or

(ii)            Where the Hearing Officer is satisfied, on a balance of probabilities, that the cancellation, reduction, or extension of the time for payment of the Administrative Penalty, including any Administrative Fees, is necessary to reduce any undue hardship.

(b)           On a review of the Screening Decision relating to a Non-Parking By-law Penalty Notice, the Hearing Officer may affirm the Screening Decision, or

the Hearing Officer may cancel, reduce, or extend the time for payment of the Administrative Penalty, including any applicable Administrative Fees, on the following grounds:

(i)             Where the Hearing Officer is satisfied, on a balance of probabilities, that the Person did not contravene a Designated By-law as set out in the Penalty Notice; or

(ii)            Where the Hearing Officer is satisfied, on a balance of probabilities, that the cancellation, reduction, or extension of the time for payment of the Administrative Penalty, including any Administrative Fees, is necessary to reduce any undue hardship.

37.          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.

38.          A Hearing Officer shall not make any decision respecting a review of the Screening Decision unless the Hearing Officer has given the person, and the City an opportunity to be heard.

39.          The hearing shall be subject to the Statutory Powers Procedure Act.

40.          The Hearing Officer may consider and rely on a certified statement of an Officer, including but not limited to, certified photographs taken by an Officer. For this purpose, the Penalty Notice, signed by the Officer, shall constitute a certified statement of the Officer.

41.          In addition to anything else that is admissible as evidence in accordance with the Statutory Powers Procedure Act, the materials referred to in Section 40 are admissible as evidence as proof of the facts contained therein, in the absence of evidence to the contrary.

42.          If evidence referred to in Section 40 is being admitted at a hearing, the Hearing Officer shall not adjourn the hearing for the purpose of having the Officer attend to give evidence unless the Hearing Officer is satisfied that the oral evidence of the Officer is necessary to ensure a fair hearing.

43.          The Person requesting the hearing shall be served with a copy of the Hearing Decision within 15 calendar days of the hearing review.

44.          The decision of a Hearing Officer is final.

45.          Where notice has been given in accordance with this By-law, and the person fails to appear at the time and place scheduled for a review by the Hearing Officer:

(a)            the person shall be deemed to have abandoned the hearing;

(b)           the Screening Decision shall be deemed to be affirmed; and

(c)            the person shall pay to the City a Hearing Non-Appearance Fee, in addition to any other fees payable pursuant to this By-law

Service of Documents

46.          Service of a Parking Penalty Notice, in any of the following ways is deemed effective by:

(a)           affixing it to the vehicle in a conspicuous place at the time of the contravention;

(b)           delivering it personally to the operator of the vehicle or the person having care and control of the vehicle at the time of the contravention;

(c)            mailing it by regular mail to the Owner at the address as set out on the ownership as soon as reasonably practicable after the contravention; or

(d)           delivering it personally to an occupant at the address of the Owner as set out on the ownership, who appears to be at least 16 years of age, as soon as reasonably practicable after the contravention.

47.           Service of a Non-Penalty Notice, in any of the following ways is deemed effective by:

(a)              delivering it personally to the person named in the Penalty Notice at the time of the contravention;

(b)              mailing it by regular mail to the person named in the Penalty Notice at their last known address, as soon as reasonably practicable after the contravention;

(c)              delivering it personally to an occupant at the last known address of the person named in the Penalty Notice, who appears to be at least 16 years of age, as soon as reasonably practicable after the contravention;

(d)              sending it by email to an email address that the person to whom the Penalty Notice is directed has provided for the purpose of receiving electronic documents or at which the person is known to receive email communications. Service by email is effective only if the person provides a written response to the email.

48.          Service of any document other than a Penalty Notice may be effected by:

(a)            in the case of a Screening Decision or Hearing Decision, by delivering it personally to the Person who requested the screening or hearing review;

(b)           for any document, including a Screening Decision or Hearing Decision:

(i)             delivering it personally to an occupant at the last known address of the Owner or Person named in the Penalty Notice, who appears to be at least 16 years of age; or

(ii)            delivering it by regular mail to the Owner or Person named in the Penalty Notice, at their last known address; or

(iii)          by email to the email address provided by the Owner or Person named in the Penalty Notice.

49.          For purposes of this By-Law, the last known address of the Owner shall be the address as set out on the vehicle ownership or, where an updated address has been provided in writing by the Owner to the Municipal By-law Compliance Division of the City at the time of service, such updated address.

50.             Any Penalty Notice or document sent in writing to the Owner or Person named in the Penalty Notice, by regular mail, as set out in this By-Law, is deemed to have been served on the fifth (5th) calendar day after the date of mailing.

51.            Any Penalty Notice affixed to the vehicle to which it applies, or any Penalty Notice or document delivered personally in accordance with this By-Law, is deemed to have been served on the date and time of such delivery.

52.             Service on a Person who is not the Owner, in accordance with this By-Law, including service of a Screening Decision or Hearing Decision by handing it to the Person, shall be deemed to be service on the Owner.

53.             Where the Person served with a Penalty Notice or issued a Screening Decision is not the Owner, the Owner may exercise any right that such Person may exercise under this By-law.

54.             Service of a document on the City may be made by:

(a)            sending it by regular or registered mail to the City of Cambridge Municipal By-law Compliance Division;

(b)           sending a copy by email to the email address indicated on the Penalty Notice; or

(c)            by delivering it personally to the City of Cambridge Municipal By-Law Compliance Division.

General Provisions

55.          A Penalty Notice that is paid prior to a screening review shall be deemed to be final and will not be subject to screening, unless there is an error on the face of the Penalty Notice as determined by the Clerk.

56.          Where an Administrative Penalty, including any Administrative Fees, is affirmed, or reduced by a Screening Officer or a Hearing Officer, the Administrative Penalty and any Administrative Fees shall be due and payable on the date specified in the Screening Decision or Hearing Decision, as the case may be.

57.          (a)       Subject to subsection (b), where an Administrative Penalty issued pursuant to a Parking Penalty Notice is not paid within 30 calendar days of the Effective Date of Service, the Owner of the vehicle in respect of which the Penalty Notice was issued shall pay to the City an MTO Search Fee and a Late Fee.

(b)       Where an Administrative Penalty issued pursuant to a Parking Penalty Notice is not paid within 15 calendar days after it becomes due and payable in accordance with a Screening Decision or Hearing Decision, the Owner of the vehicle in respect of which the Penalty Notice was issued, shall pay to the City, in addition to any other fees, an MTO Search Fee and a Late Fee.

58.          Where an Administrative Penalty issued pursuant to a Parking Penalty Notice and any Administrative Fees are not paid within 75 calendar days after they become due and payable, the City may:

(a)            notify the Registrar of Motor Vehicles of the default and the Registrar shall not validate the permit of a person name in the default notice nor issue a new permit to that person, in respect of the vehicle to which the Administrative Penalty and Administrative Fees apply, until the penalty is paid, and the Owner of the vehicle in respect of which the Penalty Notice was issued shall, in addition to any other fees, pay to the City a Plate Denial Fee; and

(b)           pursue any other collection mechanisms available to the City pursuant to the Regulation or at law.

59.          Where a person provides a method of payment to the City for payment of any

Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn, the Owner shall, in addition to any other fees, be liable to pay to the City an NSF Fee.

60.           All amounts due and payable to the City pursuant to this By-law constitute a debt to the City.

61.           Where a person makes a request for an extension of time for payment, and the request is granted, the date on which the Administrative Penalty is due and payable shall be the date established in accordance with the extension of time, and,

(a)           the Administrative Penalty will not be subject to the Late Payment Fee or the MTO Search Fee, until the time for payment has expired, and then in accordance with the provisions herein; and

(b)           the enforcement mechanisms available to the City shall be suspended until the extension of time has expired, and then shall apply in accordance with the provisions herein.

62.           Where an Administrative Penalty is cancelled by a Screening Officer or a Hearing Officer, any Administrative Fee is also cancelled.

63.           Where a Person has paid an Administrative Penalty or an Administrative Fee that is cancelled or reduced by a Screening Officer or Hearing Officer, the City shall refund the amount cancelled or reduced.

64.           Where the Person served with a Non-Parking By-law Penalty Notice or issued a Screening Decision is not the Owner, the Owner may exercise any right that such Person may exercise under this By-law.

65.           No Officer may accept payment in respect of an Administrative Penalty or Administrative Fee.

66.             Payments of an Administrative Penalty or Administrative Fee must be received by the date on which they are due and payable, or any extended due date in accordance with this By-law, and will not be credited until received by the City.

67.          Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday.

Severability

68.           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, 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.

Offences

69.          No Person shall attempt, directly or indirectly, to communicate with a Screening Officer or Hearing Officer for the purpose of influencing or interfering, financially, politically, or otherwise, with the Screening Officer or Hearing Officer respecting a Penalty Notice and/or respecting a Power of Decision in a proceeding that is or will be pending before a Screening Officer or Hearing Officer, except:

(a)           a Person who is entitled to be heard in the proceeding or the Person's lawyer, licensed paralegal, or authorized representative; and

(b)           only by that Person or the Person's lawyer, licensed paralegal or authorized representative during the hearing of the proceeding in which the issues arise.

70.           Nothing in Section 69 prevents a Screening Officer or a Hearing Officer from seeking or receiving legal advice.

71.          Any Person, who:

(a)           makes a false, misleading, or fraudulent statement in relation to a Penalty Notice, or on any form submitted to the City in relation to a Penalty Notice;

(b)           obstructs an Officer exercising any authority under this By-law; or

(c)            contravenes Section 69 of this By-law,

is guilty of an offence and, upon conviction, is subject to a penalty as provided for in the Provincial Offences Act.

Short Title

72.          This By-law may be cited as the "Administrative Penalty By-law".

Schedules and Effective Date

73.           The following schedules attached form part of this By-law:

(a)           Schedule "A" - Designated By-laws and Penalties - Parking

(b)           Schedule "B" - Designated By-laws and Penalties - Non-Parking By-laws

(c)            Schedule "C" - Administrative Fees

74.          This By-law shall come into force and effect on the 11th day of October, 2023.

ENACTED AND PASSED this 18th day of July 2023.

Clerk          st

SCHEDULE "A"

DESIGNATED BY-LAWS, SHORT FORM WORDINGS AND ADMINISTRATIVE PENALTIES - PARKING BY-LAWS

BY-LAW 22-044, AS AMENDED TRAFFIC AND PARKING BY-LAW

By-Law 62

PRIVATE PROPERTY PARKING BY-LAW

By-Law 1301

FIRE ROUTE BY-LAW

By-Law 184-06

DISABLED PARKING BY-LAW

By-Law 162-10 PARKS BY-LAW

By-Law 212-15 ANTI-IDLING BY-LAW

SCHEDULE "B"

DESIGNATED BY-LAWS, SHORT FORM WORDINGS AND ADMINISTRATIVE PENALTIES - NON-PARKING BY-LAWS

By-Law 189-13

LOT MAINTENANCE BY-LAW

By-Law 162-10 PARKS BY-LAW

By-Law 62

PRIVATE PROPERTY PARKING BY-LAW

By-Law 191-03 SIGN BY-LAW

By-Law 40-04 FIREWORKS BY-LAW

By-Law 32-04 NOISE BY-LAW

By-Law 050-21 CORRIDOR MANAGEMENT BY-LAW

By-Law 313-86 OPEN FIRE BY-LAW

By-Law 21-06 ANTI-GRAFFITI BY-LAW

By-Law 92-05 FENCE BY-LAW

By-Law 171-13 ANIMAL CONTROL BY-LAW

By-Law 172-13 DOG BY-LAW

By-Law 22-044 TRAFFIC AND PARKING BY-LAW