HomeMy WebLinkAboutCRPS-10-140 - Set Fines for Chapter 508 (Alternative Massage Centres)REPORT
Report To:
Finance and Corporate Services Committee
Date of Meeting:
September 13, 2010
Submitted By:
Jennifer Sheryer, Assistant City Solicitor
Prepared By: Jennifer Sheryer, Assistant City Solicitor
Ward(s) Involved:
All
Date of Report:
August 24, 2010
Report No.:
CRPS-10-140
Subject:
SET FINES FOR CHAPTER 508 (ALTERNATIVE MASSAGE
CENTRES)
RECOMMENDATION:
“That the short form wording and suggested set fine amounts for the offences under
Chapter 508 of The City of Kitchener Municipal Code as set out in Schedule “A” attached
to Corporate Services Department report CRPS-10-140, be approved; and further,
That the City Solicitor be authorized to submit this matter to the Regional Senior Judge
of the Ontario Court of Justice for the establishment of set fines.”
BACKGROUND:
The City previously had short-form wording and set fine amounts for Chapter 508. This allowed
Provincial Offences Officers to issue tickets under Part I of the Provincial Offences Act. Chapter
508 has since been repealed and replaced and the previous approved short-form wording and
set fine amounts no longer apply.
REPORT:
The ability to issue Part I Offence Notices (tickets) is another enforcement tool at the officer’s
disposal. An advantage to issuing a ticket is that it can be served immediately. The process of
laying charges by issuing tickets requires having short form wording and set fines for the
offences approved by both the Ministry of the Attorney General and the Regional Senior Judge
of the Ontario Court of Justice.
Once set fine amounts are approved by the Senior Regional Judge of the Ontario Court of
Justice, the By-law Enforcement Officers and Licensing Inspectors have the option of issuing a
ticket to an alleged offender. The alleged offender then has the option of pleading guilty outside
of the Court (by paying the ticket), or may request a trial date.
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FINANCIAL IMPLICATIONS:
There are no negative financial implications.
COMMUNICATIONS:
In conjunction with the Enforcement Division and the Licensing Division, several offences for
which set fines and short form wording would be beneficial have been identified. Suitable short
form wording has been drafted for these offences.
ACKNOWLEDGED BY:
Lesley MacDonald, Director of Legal Services
and City Solicitor
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