HomeMy WebLinkAboutCSD-19-008 - Administrative Monetary Penalty System (AMPS)REPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:April 15, 2019
SUBMITTED BY:Gloria MacNeil, Director of By-law Enforcement
(519-741-2200. ext. 7952)
PREPARED BY:Gloria MacNeil, Director of By-law Enforcement
(519-741-2200. ext. 7952)
WARD (S) INVOLVED:ALL
DATE OF REPORT:April 1, 2019
REPORT NO.:CSD-19-008
SUBJECT:ADMINISTRATIVE MONETARY PENALTY SYSTEM (AMPS)
___________________________________________________________________________
RECOMMENDATION:
That staff be directed to proceed with the implementation of an Administrative Monetary
Penalty System (AMPS) as set out in report CSD-19-008;
That, in order to support the implementation of an AMPS program, the following by-laws
be approved to come into effect as of June 3, 2019;
a)Parking Administrative Penalty By-law (CSD-19-008, Schedule A)
b)Screening and Hearing Officer By-law (CSD-19-008, Schedule B)
Thata by-law be approved to amend the following existing by-lawsto allow for the
implementation of an AMPS program which will comeinto effect as of June 3, 2019, (CSD-
19-008, Schedule C):
a)By-law 2007-138 Traffic and Parking By-law
b)By-law 2010-190 Parked on Private Property By-law
c)By-law 88-171 Fire Route By-law
d)By-law 2008-117 Disabled Parking By-law
e)By-law 88-169 Municipal Off Street Parking By-law
EXECUTIVE SUMMARY:
Parking tickets issued in the City of Kitchenerare currently issued, processed and adjudicated
pursuant to the Provincial Offences Act(POA), and are heard in the Ontario Court of Justice
(Provincial Offences Court). The Actprescribes the process, and as a result, under this
regime there is limited opportunity for a municipality to provide a revised process that may be
more flexible and suit the nature of the municipality.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994for assistance.
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Staff are proposing that the City transition the adjudication of parking tickets away from the
traditional court system to an Administrative Monetary Penalty System (AMPS) as provided for
in the Municipal Act, 2001.Staff are of the opinion that there are several key benefits of this
transition with the key focus on making the legal process more efficient, and the customer
experience morefriendly, convenientand less intimidating. Further, there will be a positive
impact on the Regional court system in terms of making court resources available for more
serious matters. An AMPS program will provide for the same open, transparent and objective
process for adjudicating parking tickets as is currently in place with the POA system,
maintaining the fundamental principles of open court and due process.
The City of Kitchenerhas partnered with the City of Waterloo to jointly develop and implement
this program. This partnership has allowed for several shared efficiencies as part of the
development process and will continue to provide further efficiencies as the program unfolds.
already put in place in several municipalities across Ontario.
There are essentially two (2) elements involved in the parking ticket administration and
enforcement. The first being the ticket issuance and the second being the processing and
adjudication of the ticket once it has been issued. Under an AMPS program, the issuing of
tickets basically remains the same. The key improvement involves the way the ticket is
adjudicated after being issued and is discussed in more detail further in this report.
The following is an overview of how the proposed AMPS programwould function:
1.The process to issue a parking ticket, now to be known as a penalty notice, remains
essentially the same;
2.When a person wishes to dispute a penalty notice that he/she receives, they can attend
the By-law Enforcement Office (BEO), at any time during normal business hours, and
request to speak with a Screening Officer to conduct a screening meeting;
3.By-law Enforcement staff will all be appointed as Screening Officers and will have the
authority to conduct screening meetings.
4.The AMPS program provides staff with an increased level of discretion to attempt to
resolve the penalty notice. This may include the potential to reduce the fine or provide
for a payment program, if appropriate. Under the current POA process, the only option
to resolve a parking ticket is to pay it or request a trial and attempt to resolve the matter
at Court on the trial date;
5.If the person is not satisfied with the outcome of the screening meeting, they can
request a hearing. In simple terms, this would be like requesting a trial under the
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current process, however the new hearings process is significantly less formal and more
timely;
6.A Hearings Officer(s) will be appointed by Council, and will adjudicate matters at a
t of City staff and Council;
7.City staff will provide administrative support for the hearings process;
8.Hearings would take place in the Council Chambers at City Hall and would be attended
by City staff and administrative support staff. The issuing By-law Enforcement Officer
would not be required to attend;
9.As in the current POA process, a penalty notice that remains unpaid, whether it goes
through the full adjudication process or not, would eventually be sent to MTO and be
applied to the license plate of the subject vehicle;
The following is a brief overview of the benefitsof AMPS:
1.The program provides enhanced customer service, and is less formal and less
intimidating for the public to manoeuvre through, as compared to the Provincial
Offences Court process;
2.Removing parking tickets from the court process will allow the Regional Court
Administration to reallocate court time and resources, to address other
pressures;
3.The AMPS program reduces the amount of Officer time that is spent in court and
will allow staff more time to be on the road and available to respond to customer
concerns
4.Staff will have increased flexibility and discretion to attempt to resolve parking
ticket disputes in the early stages of the process through the screening process,
which will be available by attending the By-law office during normal business
s added resolution tools are aimed to increase early resolution
decisions and reduce the need for the public to incur added costs and/or time
commitments;
5.The AMPS program will provide for less formal hearings at City Hall (governed by
the rules under the Statutory Powers Procedure Act and the Policies to be
established in accordance with the Regulation).
6.
dependent upon the Court schedules at the Regional Courthouse. With the
current volume of parking tickets, under the current system, the wait time for a
Court date could be as much as 8 to 9 months after the ticket is issued. Under
the AMPS program, staff are anticipating for a significantly reduced wait time of
approximately2-3 months. It is hoped that this will also reduce the impact on
administrative resources, when tickets are resolved sooner.
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7.There is the potential to experience a larger portion of the fees associated with
late or defaulted fines to help offset administration and enforcement costs.
Current late fees are shared between the City, the Region and the Province.
This item will be discussed in more detail later in this report;
8.There is also the potential to mitigate officer and citizen safety concerns relating
to certain enforcement issues, such as parking enforcement in school zones,
while still holding people accountable. The current POA system requires that a
parking ticket be placed on the vehicle or served on the person at the time of the
offence.There are times when this requirement can result in safety concerns,
particularly when the driver of the vehicle leaves the area quickly, sometimes
making contact with the Officer. The AMPS program can provide for a ticket to
be mailed to theregisteredowner of the vehicleafter the fact.
To implement AMPS, the City will need to enact an AMPS By-law that provides for the
administrative process, replacing the current POA process. In addition, a by-law is required to
-laws to provide for the penalty provisions to refer to the
AMPS process, as opposed to the current POA process. Further, a third by-law willbe
required to put the process in place forthe appointment of screening officers and hearings
officers.
Finally,
which will inform and guide the process going forward. These policies are currently being
developed by staff and will be presented to Council in May.
BACKGROUND:
Parking tickets issued in the City of Kitchenerare currently issued, processed and adjudicated
pursuant to the Provincial Offences Act(POA), and are heard in the Ontario Court of Justice
(Provincial Offences Court). That Actprescribes the process, and as a result, under this
regime there is limited opportunity for a municipality to provide a revised process that may be
more flexible and suit the nature of the municipality.
In 2007, changes were made to the Municipal Actto allow municipalities to develop an AMPS
programto process and adjudicate parking violations. Subsequent amendments to the
Municipal Act, 2001 extended the authority to establish an AMPS program to include
accessible parking by-laws (which were previouslyexcluded), as well as other types of
municipal by-laws. O. Reg. 333/07 (the Regulation) sets out specific requirements that must be
met in order to establish an AMPS program for parking.
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In essence, an AMPS program replaces the prescribed process in the Provincial Offences Act,
and can be designed to meet the needs of the municipality, provided the parameters of the
provincial regulations are met.
The Regulation requires a municipality establishing an AMPS program for parking to pass an
AMPS By-law, which designates the parking by-laws and provisions to which AMPS will apply,
and establishes the adjudication process. The POA will no longer apply to the designated
parking by-laws/provisions, once the AMPS program is implemented. In its place will be an
adjudication process that is designed to be more flexible, efficient and expedient.
In accordance with the Regulation, the proposed AMPS process would provide for resolution of
a dispute at a screening review. If the screening decision is contested, the individual can then
request a hearing. In its place will be an adjudication process that is designed to be more
flexible, efficient and expedient.
An AMPS program will provide for the same open, transparent and objective process as is
currently in place with thePOA system, maintaining the fundamental principles of open court
and due process.
Several municipalities across Ontario (ie. Vaughan, Oshawa, Burlington, Markham, Hamilton,
Brampton, Mississauga, Toronto, Niagara Falls, Richmond Hill, Oakville) have implemented
AMPS programs and all feedback received indicates that their processes are running with
increased efficiency and in a cost effective manner.
AMPS has been identified on By--19 Business Plan, staff have been
actively researching and developing an AMPSprogram for the past 18 months.
Kitchener has partnered with the City of Waterloo to develop this AMPS initiative which is
proposed for both municipalities. Research and development resources have been shared to
date andthe plan going forward is to share resources whenever possible. Beyond Legal and
Municipal Enforcement staff from Kitchener and Waterloo, the project has also involved staff
input from Legislated Services, Technology and Innovative Services, Finance and
Communications from both cities. Susan Smith, City of Waterloo Legal Services, is the project
lead and both municipalities have contributed to the funding of her role. The Directors of
Municipal Enforcement Services with the two (2) cities serve as the Steering group.
Although AMPS can involve a variety of municipal by-law violations, staff are proposing to
commence the AMPS program with parking violations, which represents the single largest
volume of Court activity for both Waterloo and Kitchener. This is consistent with the approach
of many other municipalities. It is anticipated that other City by-laws will transition into the
AMPS program in the future.
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REPORT:
The following is an overview of how the proposed AMPS program would function:
1.The process to issue a parking ticket, now to be known as a penalty notice, remains
essentially the same;
2.When a person wishes to dispute a penalty notice that he/she receives, they can attend
the By-law Enforcement Office (BEO), at any time during normalbusiness hours, and
request to speak with a Screening Officer to conduct a screening meeting;
3.By-law Enforcement staff will all be appointed as Screening Officers and will have the
authority to conduct screening meetings.
4.The AMPS program provides staffwith an increased level of discretion to attempt to
resolve the penalty notice. This may include the potential to reduce the fine or provide
for a payment program, if appropriate. Under the current POA process, the only option
to resolve a parking ticket is to pay it or request a trial and attempt to resolve the matter
at Court on the trial date;
5.If the person is not satisfied with the outcome of the screening meeting, they can
request a hearing. In simple terms, this would be like requesting a trial under the
current process, however the new hearings process is significantly less formal and more
timely;
6.A Hearings Officer(s) will be appointed by Council, and will adjudicate matters at a
nd Council;
7.City staff will provide administrative support for the hearings process;
8.Hearings would take place in the Council Chambers at City Hall and would be attended
by City staff and administrative support staff. The issuing By-law Enforcement Officer
would not be required to attend;
9.As in the current POA process, a penalty notice that remains unpaid, whether it goes
through the full adjudication process or not, would eventually be sent to MTO and be
applied to the license plate of the subject vehicle;
Attached as Schedule is a simplified flowchart to summarize how a penalty notice (parking
ticket) can proceed through the AMPS process.
The following is a brief overview of the benefits of AMPS:
1.The program provides enhanced customer service, and is less formal and less
intimidating for the public to manoeuvre through, as compared to the Provincial
Offences Court process;
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2.Removing parking tickets from the court process will allow the Regional Court
Administration to reallocate court time andresources, to address other pressures;
3.The AMPS program reduces the amount of Officer time that is spent in court and will
allow staff more time to be on the road and available to respond to customer concerns
4.Staff will have increased flexibility and discretion to attempt to resolve parking ticket
disputes in the early stages of the process through the screening process, which will be
available by attending the By-
resolution tools are aimed to increaseearly resolution decisions and reduce the need
for the public to incur added costs and/or time commitments;
5.The AMPS program will provide for less formal hearings at City Hall (governed by the
rules under the Statutory Powers Procedure Act and the Policies to be established in
accordance with the Regulation).
6.
dependent upon the Court schedules at the Regional Courthouse. With the current
volume of parking tickets, under the current system, the wait time for a Court date could
be as much as 8 to 9 months after the ticket is issued. Under the AMPS program, staff
are anticipating for a significantly reduced wait time of approximately 2-3 months. It is
hoped that this will also reduce the impact on administrative resources, when tickets are
resolved sooner.
7.There is the potential to experience a larger portion of the fees associated with late or
defaulted fines to help offset administration and enforcement costs. Current late fees
are shared between the City, the Region and the Province. This item will be discussed
in more detail later in this report;
8.There is also the potential to mitigate officer and citizen safety concerns relating to
certain enforcement issues, such as parking enforcement in school zones, while still
holding people accountable. The current POA system requires that a parking ticket be
placed on the vehicle or served on the person at the time of the offence. There are
times when this requirement can result insafety concerns, particularly when the driver
of the vehicle leaves the area quickly, sometimes making contact with the Officer. The
AMPS program can provide for a ticket to be mailed to the register owner of the vehicle
after the fact.
Enactment of AMPS By-law
The legislation requires that, as the integral part of implementing an AMPS process, a
municipality must enact a comprehensive by-law that prescribes the various elements of the
adjudication process, from the issuance of the ticket to itsresolution. In essence, this by-law
replaces the administrative processes as are currently prescribed by the POA. Attached as
Schedule Ais a draft AMPS By-The By-law is based on the
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requirements established in the provincial Regulation. The key components of the proposed
by-law include the following:
-Designated the parking by-laws/provisions that will be subject to the AMPS process and
sets out the penalties for each offence;
-Provides for the issuance of a penaltynotice (formally known as a parking ticket);
-Establishes the chronological steps in the penalty notice/dispute process, in accordance
with the Regulation, including where a person does and does not respond accordingly
to the receipt of a penalty notice being issued;
-Creates and defines the screening review process;
-Creates and defines the hearing review process;
-Establishes how documents are to be served to affected persons;
-Establishes the timelines applicable for a person to respond to a penalty notice;
-Establishes the timelines for when late fees may be applied, in accordance with the
Regulation, in circumstances where a person has failed to respond to the penalty notice
within the prescribed timeframe;
-Prescribes the timeline for sending a penalty notice that remains unresolved, after all
avenues for resolution have been made available, to the MTO for inclusion in the
Defaulted Fines process.
-Delegatedauthority to the Director to prescribe forms, notices, including Penalty Notice,
guidelines, processes and procedures, necessary to implement the By-law and the
administrative penalty system, ant to amend them from time to time as the Director
deems necessary.
Amendment to Existing Parking By-laws
There are several by-laws within the City that contain parking violations. These by-laws will
need to be amended to identify that the parking provisions contained therein willno longer be
subject to the Provincial Offences Act,but will be governed by the AMPS process. These
include:
-Traffic and Parking By-law #2007-138;
-Fire Route By-law #88-171;
-Municipal Off-Street ParkingLots By-law#88-169
-Disabled Persons Parking By-law #2008-117;
-Parked on Private Property By-law #2010-190; and
-law Schedule Cto amend the remaining
five(5)parking by-laws as referenced above. The amendment is essentially the same for
each by-law and provides for the AMPS adjudication process to replace the existing penalty
provisions, prescribed by the POA. All other elements of each by-law remain the same and
will be enforced as is currently done.
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Enactment of Screening and Hearing Officer By-law
The Regulation requires that any AMPS system must include a formalized two step resolution
process for anyone wishing to dispute and resolve a parking violation. These two steps are
A By-law to establish the position of screening officer
and hearing officer, and to provide for appointment of individuals as screening/hearing officers
is required.
Step #1: Screening Process
The screening process will involve the penalty notice recipient attending at the By-law
Enforcement office, during normal business hours to request to speak to a screening
officer regarding the ticket. Existing administrative staff within the By-law Enforcement
Division, along with the Director and Supervisors, will be appointed as screening
officers.The screening officer will discuss the circumstances regarding the ticket with
the person and provide his/her decision on how to resolve the ticket. There will be more
options available to staff to facilitate resolution of the ticket. If the recipient holder is
satisfied with the decision, the matter is considered resolved once he/she has paid any
penalty amount that forms part of the resolution. Conversely, if the ticket holder is not
satisfied with the Decision, he/she can request a hearing.
Step #2: Hearing Process
Once a request for a hearing is received, staff will process the request, assign a hearing
date and inform the requestor.The hearings will take place in meeting rooms at
Kitchener CityHall and WaterlooCity Hall. At this time, staff anticipate there to be two
hearing dates set each month, onein each city. While a City of Kitchenerticket holder
is likely to be given a hearing date in Kitcheneras the first option, he/she may be
provided a date in Waterloo, if it makes sense to do so. Equally, Waterlooticket holders
may attend a hearinginKitchenerif it makes sense to do so.
Ahearing is presided over by a Hearings Officer. This person will be appointed by
Council, upon the recommendation of staff, and must not be a person who is currently
employed by the municipality. The City will be represented in the hearing by a staff
person who has knowledge of the ticket being disputed. After hearing comments by
both sides, the Hearing Officer will render a decision that, once rendered, will be final
and binding. If there is a monetary penalty owed by the ticket holder, the matter is not
considered resolved until such time as the penalty amount is paid in full.
As required by the provincial Regulation,staff have developed a draft Screening and
Hearing Officer By-B.The By-law
provides for the appointment of Screening and Hearing Officers, and sets out restrictions
on who can qualify for these positions, in order to ensure the integrity of the process.
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It is recommended that the appointment of screening officers be delegated to staff.
However, Council would appoint the Hearing Officer(s). Staff are developing a supporting
policy relating to the appointment of screening and hearing officers, which will come for
consideration in May 2019.
AMPS Policies
In addition to the requirement for an AMPSby-law and revisions to existing parking by-laws, O.
Municipal Act, 2001, requires that a
municipality shall develop standards relating to the administration of the system of
administrative penalties which shall include:
(a)Policies and procedures to prevent political interferencein the administration of the
system;
(b)Guidelines to define what constitutes a conflict of interestin relation to the
administration of the system, to prevent such conflict of interest and to redress such
conflicts should they occur;
(c)Policies and procedures regarding financial management and reporting; and
(d)Procedures for the filing and processing of complaints made by the publicwith
respect to the administration of the system
The Regulation further requires that procedures must be established:
i.to allow a person to obtain an extension of time in which to request a review
by a screening officer, or a review by a hearing officer, on such grounds as may
be specified in the administrative penalty by-law.
ii.to permit persons to obtain an extension of time for payment of the penaltyon
such conditions as may be specified in the administrative penalty by-law.
These procedures must provide for a suspension of the enforcement mechanisms available in
the Regulation, in relation to the administrative penalty if an extension of time has been
granted. The proposedAMPS By-law provides the grounds upon which an extension of time
may be granted and delegates authority to the Director of By-lawEnforcement to establish the
necessary procedures.
In addition, the Regulation requires that procedures must be established to permit persons to
be excused from paying all or part of the administrative penalty, including any administrative
fees, if requiring them to do so would cause undue hardship.
The following policies require Council for approval as part of the AMPS program:
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a)Policy to Prevent Political Interference
b)Conflict of Interest Policy
c)Policy Regarding Financial Management and Reporting
d)Public Complaints Policy AMPS
e)Undue Hardship Policy
f)Policy for the Appointment of Screening and Hearing Officers
a)Policy to Prevent Political Interference:to ensure that the AMPS system is conducted in
a fair and independent manner, and to prevent political interference in the administration
of AMPS
b)Conflict of Interest Policy: to set out requirements relating to Screening Officers,
Hearing Officers and City staff in order to prevent actual, potential and perceived
conflicts of interest in relation to AMPS
c)Policy Regarding Financial Management and Reporting: to provide a policy regarding
financial management and the reporting and tracking of administrative penalties and
fees in relation to AMPS
d)Public Complaints Policy AMPS: to provide a process for public complaints regarding
the administration of AMPS
e)Undue Hardship Policy: to provide guidelines to Screening Officers and HearingOfficers
is exercising their discretion in accordance with the By-law to cancel, reduce or extend
time for payment of Administrative Penalties and Administrative Fees in order to reduce
undue hardship
f)Policy for the Appointment of Screening and Hearing Officers: to set out the
appointment of certain staff positions as Screening Officers, and to detail the process
relating to recruitment of Hearing Officers, including establishment of a joint panel (City
of Kitchener and City of Waterloo) to review applications. Staff propose to initiate the
recruitment of Hearing Officers with a posting immediately following Council approval of
the AMPS By-law. The detailed recruitment process will be set out in the Policy, and will
be in place for the purpose of reviewing and evaluating applications received.
These policies are currently under development and review by staff (Legislated Services, Legal
Services and By-law Enforcement) and will be presented to Council for consideration in early
May.
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Next Steps Timeline and Implementation
The following is a high level overview of the next steps in the implementation plan:
th
1.Finalize all AMPS related policies and present to Council for consideration May 13;
2.Work with the Communications Division to finalize the communications plan for rollout of
the program;
3.Begin the recruitment process for Hearing Officer(s) immediately following Council
approval of the AMPS by-law and present recommendations for appointments to
Council June;
4.Undertake required training for all affected parties (staff, screening officers, hearing
officers, and private property enforcement officers);
5.Finalize all revisions to existing forms (tickets, reminder notices, etc.);
rd
6.Go live with the program and penalty notice issuance June 3, 2019(tickets issued
before this date will continue through the POA system until resolution);
7.Further updates to Council on the implementation of the program will be provided, as
necessary.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation
the delivery of core service.
FINANCIAL IMPLICATIONS:
The implementation of an AMPs program does not significantly alter our current processes
with respect to how parking tickets(now penalty notices)are issued or how many are issued.
Statistics relating to ticket violations and the resulting fine revenue can fluctuate slightly from
year to year, depending on circumstances, weather, special initiatives, etc., and it is
anticipated that this trend will continue.
Staff do not foresee any significant increase or decrease in the total number of tickets/notices
issued, as a result of the implementation of the AMPSprogram. The factors that influence
annual ticket activity currently, will continue to do so going forward.
There are some foreseeable new expense items related to the AMPS program that include one
time costs and ongoing costs. The one time costs are:
Redesign of parking tickets -$10,000
Computer/printer and telephone for the screening office -$4,000
By-law office renovation tocreate a screening office -$175,000 plus HST.
This will be funded from the tax capital reserve and paid back overtime from
the revenues generated by the program
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The new ongoing expense item relates to the required compensation for Hearings Officers,
(third party contractors) to adjudicate parking hearings. It is anticipated that such hearings
would take place approximately once per month in Kitchener. As a result, staff are forecasting
a new expense of between $6,000 to $8,000, annuallyper City.
As mentioned, the implementation of the AMPSprogram is not likely to significantly alter the
annual ticket issuance rates and the resulting revenue from the face value of the tickets.
However, staff believe that there will be an increase in parking fine revenue as it relates to the
collection of late fees, imposed where someone fails to fulfill their obligations to respond
appropriately to resolve their ticket. This can include theplate denial fees that are placed on a
license plate renewal if the parking ticket is forwarded to the Ministry of Transportation as part
of their Plate Denial program.
The current system under the POA, provides for late fees to be applied where a person fails to
respond to their ticket appropriately, as well as plate denial fees. Under the currentsystem, as
prescribed by provincial legislation, these fees are shared between the City, the Region and
the Ministry of Transportation. Under anAMPSprogram, the City would establish the fees to
be imposed on late/defaulted penalties, and all such fees remain with the municipality. As
such, there is an anticipated increase in the revenue anticipated to result from fees relating to
late/defaulted penalties. Fees proposed are described further below.
unicipalities that have
implemented AMPSprograms.
MTO Late FeeHearing Non-Plate Denial
SearchAppearance FeeFee
Fee
Kitchener -Proposed$10$25$50$25
Oshawa$10$15$100$22
Toronto$10$25$75$25
Markham$10$25$100Unknown
Burlington$16$26$52$26
Richmond Hill$10$25$100unknown
City of Niagara Falls$15$20$50unknown
Brampton$10$15$100$22
Mississauga$10$25$100$20
Vaughan$10$50$100Unknown
Hamilton$10$25$50$22
The table indicates that the fees proposed bystaff are in line with those in place in other
municipalities. The following is a brief explanation of each fee:
-MTO search feethe City is required to pay a fee of $8.25 to the Ministry of
Transportation for every request for license plate ownership that the City sends to them.
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The ownership request is only submitted when a person has failed to respond to their
ticket within a prescribed time. The purpose of the request is to mail out reminder
notices. Under AMPS, this fee will be charged to the City immediately for each request.
The fee would then be added to the face value of the ticket, along with a nominal
administration fee as a cost recovery exercise;
-Late Feethis fee will be added to the face value of the ticket when a person fails to
respond or to pay within the required time, after having been given time to do so and
after having received a mailed reminder noticeof the outstanding ticket. It should be
noted that the initial timeframe provided for a person to respond to the penalty notice
under AMPS will be longer(30 days) than what is provided for under the current system
(15 days)to respond to a parking ticket. This provides added opportunity for the
offender to make payment or choose a screening, without incurring any fees.
The current late fee of $16 is imposed when a person fails to respond to a parking
ticket. This amount is prescribed by legislation under the POA and has been in place for
over 20 years. The $16 fee is currently shared with the Region. This fee does not reflect
the increase in administration costs related to tracking and processing defaulted tickets,
over the years. Municipalities do nothave any discretion to adjust fees under the
currentPOA system. Staff are proposing a fee of $25, which is in line with other
municipalities, to account for increased costs over the years. Further, this fee must act
as a deterrent for failing to respond to a penalty notice and/or an incentive to respond
within the prescribed time;
-Hearing Non-Appearance FeeThis fee will be added to the face value of the penalty
in situations where an individual has requested a hearing and fails to show up. The City
will be required to cover all costs related to hearings. Therefore, if someone fails to
show up for their appointed time, theCity will incur costs related to this process and the
individual would be assessed a non-appearance fee.This fee can be considered a
carryover from the current system within the POA, as it already prescribed a non-
appearance fee;
-Plate Denial FeeThis fee will be applied in situations when a person has failed to
resolve their ticket appropriately, after all options and dispute resolution mechanisms
have been made available. The plate denial process has been in place for many years
and currently a portion of this fee has been provided to the municipality, under the POA
legislation. As such, this is areflectionof a fee under the current system.
It is important to understand the rationale for these fees being in place. When a person
fails to respond to a parking ticket issued within the appropriate time frame, there are
administrative costs associated with the municipality having to receive license plate
information, send out reminder notices, etc. These administrative costs can increase
the longer a ticket remains unresolved, up to and including sending the license plate
and related information to the Ministry for the plate denial process to be applied. These
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costs should not be absorbed by the tax base revenue for situations where someone
has failed to respond to their obligations, after receiving a parking ticket.
For the most part, any increased revenue amount relating to fees can be attributed to
revenue reallocation whereby the City will retain a larger share of fees that are already
in place.
It is premature to specifically predict what the revenue implications will be with respect
to the redistribution of the above noted fees. In the meantime, staff are confident that
the revenue impact willadequately cover the anticipated operating costs.Upon
implementation, staff will monitor and evaluate the activity relating to late fees and
incorporate any revenue adjustments into the 2021 budget year process.
At this point staff are not anticipating a requirement for additional staff resources, as it is
the intent to implement the program with existing staff. Having said this, the AMPS
program will require some adjustments to existing staff duties. Any possible staffing
implications will be carefully considered, as the program rolls out and will be brought
forward through the budget process and funded through revenues generated. If City
Council should choose to expand the AMPS program beyond parking tickets at a later
date, there would likely be a need for additional staffing resources.
Penalty Amounts (Fines)
Under the current POA system, municipalities are required to obtain approval from the
Ministry of the Attorney General, in order to implement new or revise existing parking
fines. Under the AMPS program, this requirement is eliminated as Council will approve
any new, or revise any existing, penalty (fine), as a Schedule to the AMPS By-law.
At this time, staff are not suggesting any adjustments to the existing schedule of fines.
The parking penalties that form part of the proposed AMPS By-law (attached as
Schedule A to this report) reflect the existing set fine amounts.
COMMUNITY ENGAGEMENT:
The Administrative Monetary Penalties System is an administrative process that must fit within
the Provincial regulations as set out in the Municipal Act. Staff will focus on engaging the public
to inform and educate them onthe process through a communications plan as well as
information provided on our website.
ACKNOWLEDGED BY: Michael May, General Manager Community Services Department &
DCAO
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BY-LAW NUMBER2019-
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law toestablishan administrative penalty system for the
parking, standing or stopping of vehicles)
WHEREASSection 102.1 of the Municipal Act,2001, S.O. 2001, c. 25, as amended (the
Municipal Act, 2001
Kitchenerto establish an administrative penalty system requiring a person to pay an
administrative penalty for a contravention of any By-law respecting the parking, standing or
stopping of vehicles;
AND WHEREASthe purpose of the system of administrative penalties established by the
municipality shall be to assist the municipality in regulating the flow of traffic and use of land,
including highways, by promoting compliance with its by-laws respecting the parking, standing or
stopping of motor vehicles
AND WHEREASthe Council of The Corporation of the City of Kitchenerconsiders it desirable
to provide for a system of administrative penalties and administrative fees for the designated
City by-laws, or portions of the designated City by-lawsset out herein;
NOW THEREFOREthe Council of The Corporation of the City of Kitchenerenacts as follows:
1.0TITLE
1.1This By-Parking Administrative Penalty By-
2.0DEFINITIONS
2.1Where words and phrases used in this by-law are not defined herein but are defined in
the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended from time to time or any
successor thereof (the HTA), the definitions in the HTAshall apply.
2.2In this By-law:
Administrative Fee -law, as may
be amended from time to time;
Administrative Penalty means an administrative penalty
this By-law, for a contravention of a Designated By-law;
City means The Corporation of the City of Kitchener;
Clerk means the City Clerk, or anyone designated by the City Clerk to perform hisor
her duties pursuant to this By-law;
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Designated By-law means a City by-law, or a part or provision of a City by-law,to
which this Parking Administrative Penalty By-law applies, asdesignatedunder this By-
;
Director means the Director of By-lawEnforcement of the City, or anyone designated
by the Director of By-lawEnforcement to perform his or her duties pursuant to this By-
law;
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;
Hearing Decision means a notice which contains the decision ofa Hearing Officer, as
set out in Section 6.14;
Hearing Non-Appearance Fee means an Administrative Feeestablished by the City
Hearing Officer means anyperson appointed by the Cityfrom time to time pursuant to
the Screening and Hearing Officer By-law, to perform the functions of a hearing officerin
accordance with thisBy-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;
Late Payment Fee means an Administrative Feeestablished by the City from time to
rative Penalty within the time
prescribed in this By-
MTO Search Fee means an Administrative Feeestablished 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, as listed in Schedule
NSF Fee means a feeestablished by the Cityand amended from time to time,in
respect of any payment to the City from a Person, for which there are insufficient funds
available or the transaction is declined;
Officermeans a person appointedby the City to enforce aDesignated By-law, or a
police officer employed by the Waterloo Regional Police Service;
Ownermeans 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;
Penalty Notice means a notice as described inSection 4.0of this By-law;
Penalty Notice Date means the date of the contravention;
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Penalty Notice Number means the reference number specified on the Penalty Notice
that is unique to that Penalty Notice,pursuant to Section 4.3(b)of this By-law;
Person includes an individual orcorporation, or an authorized representative thereof.
Plate Denial Fee means an Administrative Fee established by the City from time to
time,in relationto plate denial in accordance with Section 9.5 of this By-law, as listed in
;
Provincial Offences Actmeans the Provincial Offences Act, R.S.O., 1990, c. P. 33, as
amended from time to time, or any successor thereof;
Regulation means O. Reg. 333/07, made under the Municipal Act, 2001, as amended
from time to time, or any successor thereof;
Screening and Hearing Officer By-law means By-law No.2019-040of the City, as
amended from time to time, or any successor thereof;
Screening Decision means anotice which contains thedecision ofa Screening Officer,
as set out in Section 5.8of this By-law;
Screening Officer means anypersonappointed by the City from time to timepursuant
to the Screening and Hearing Officer By-law,to perform the functions of a screening
officer pursuant to this By-law;and
Statutory Powers Procedure Actmeans the Statutory Powers Procedure Act, R.S.O.
1990, c. S. 22, as amended from time to time, or any successor thereof
3.0APPLICATION OF THIS BY-LAW
3.1The City By-laws, or portions of City By-
By-law shall be Designated By-laws for the purposes of Section 102.1 of the Municipal
Act, 2001and paragraph 3(1)(b) of the Regulation.
3.2
wordingto be used on Penalty Notices, for the contraventions of Designated By-laws.
3.3-law sets out the Administrative Fees imposed for purposes of
this By-law.
3.4Despite any other provision of a City By-law, theProvincial Offences Actdoes not apply
to a contravention of a Designated By-law.
4.0PENALTY NOTICE
4.1If a vehicle has been left parked, standing or stopped in contravention of a Designated
By-law the Owner of the vehicle shall, upon issuance of a Penalty Noticein accordance
with this By-law, be liable to pay to the City an Administrative Penalty in the amount
y to the City any Administrative Fees
in accordance with this By-law.
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4.2An Officer who has reason to believe that a Personhas contravened aDesignated By-
law may issue a Penalty Noticein accordance with this By-law.
4.3The Penalty Notice shall include the following information:
a)The Penalty NoticeDate;
b)The Penalty Notice Number;
c)The short form wordingfor the contravention;
d)The amount of the Administrative Penalty;
e)Timefor payment of the Administrative Penalty, which shall be 15calendar days
from the Effective Date of Service;
f)Information respecting the process by which the person may pay the Administrative
Penalty or request a review of the Administrative Penalty;
g)A statement advising that an Administrative Penalty will constitute a debt of the
Ownerto the City; and
h)The name and identification number of the Officer issuing the Penalty Notice
5.0REVIEW BY SCREENING OFFICER
5.1APerson who is serveda Penalty Notice may, within 30calendar days afterthe
Effective Date of Service, request, in accordance with Section 5.3,that the
Administrative Penalty be reviewed by a Screening Officer.
5.2APersonwho is served a Penalty Noticemay, in accordance with Section 5.3,request
that the Screening Officer extend the time to request a review,within 60calendar days
after the Effective Date of Service, failing which the Administrative Penalty shall be
deemed to be affirmedin accordance with Section 5.6 of this By-law.
5.3A request for areview,or for an extension of time torequest areview,shall be in the
form and manner as determined by the Directorfrom time to time, and shall include the
Penalty Notice Number and the Pcontact information. Where a request is made
by a Person who is not the Owner, the Person shall submit with the request an
authorized agent/representative form, in the form as determined by the Director from
time to time. Incomplete forms or forms notsubmitted in the form andmanner as
determined by the Directormay not be accepted or processed, at the discretion of the
Director.
5.4The Screening Officer may only extend the time to request a review of the Administrative
Penalty when the Person requesting the extension demonstrates,on a balance of
probabilities, extenuating circumstances that warrant the extension of time.The
Screening Officer will consider the request for extension before reviewing the
Administrative Penalty
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5.5Where an extension of timeto request a reviewis not granted by the Screening Officer,
the Administrative Penalty and any applicable Administrative Fees shall be deemed to
beaffirmed, and shall not be subject to review.
5.6Whereneither areview 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.
5.7On a review of anAdministrative Penalty, the Screening Officer may affirmthe
Administrative Penalty, including any applicable Administrative Fees, or the Screening
Officer may cancel, reduce or extend the time for payment of the Administrative Penalty,
including any applicableAdministrative Fees, on the following grounds:
a)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 asset out in the Penalty Notice; or
b)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 anyapplicableAdministrative Fees, is necessary to reduce
any undue hardship; or
c)Where the Screening Officer is satisfied, on a balance of probabilities, that it is
otherwise in the interests of justice to do so
5.8Every Person who has a review by the Screening Officer shall beservedwithacopy of
the Screening Decisionwithin 15 calendar days of the screening review, in accordance
with Section7.2 of this by-law.
6.0REVIEW BY HEARING OFFICER
6.1Any Person to whom a Screening Decision issued may request a review of the
Screening Decision by a Hearing Officer, in accordance with Section 6.3,within 30
calendar days afterthedate on which the Screening Decision was issued.
6.2APersonto whom a Screening Decision is issuedmay, in accordance with Section 6.3,
request that the Hearing Officer extend the time to request a review of the Screening
Decision within 60calendar days after the date on which the Screening Decision was
issued, failing which, the Screening Decision shall be deemed to be affirmedin
accordance with Section 6.6of this By-law.
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6.3A request for a review by the Hearing Officer,or for an extension of time to request a
review before the Hearing Officer,shall be in the form and manner as determined by the
Director from time to time
contact information. Where a request is made by a Person who is not the Owner, the
Person shall submit with the request an authorized agent/representative form, in the
form as determined by the Director from time to time. Incomplete forms or forms not
submitted in accordance with the form andmanner as determined by the Directormay
not be accepted or processed, at the discretion of the Director.
6.4The Hearing Officer may only extend the time to request a review of 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.
6.5Where an extension of time for a hearing review is notgranted by the Hearing Officer,
the Screening Decision shall be deemed to be affirmed, and shall not be subject to
review.
6.6Where neither a hearing review nor an extension of time for a hearing review are
requested in accordance with this By-law, or where the person fails to request a hearing
review within any extended period of time granted by the Hearing Officer:
a)The person shall be deemed to have waived the right to a hearing review;
b)The Screening Decision shall be deemed to be affirmed; and
c)TheScreening Decision shall not be subject to review.
6.7APerson requesting a review by the Hearing Officer in accordance with this By-law shall
be given at least 30calendar daysnotice of the date, time and place for the review by
the Hearing Officer.The Person may request that the hearing be rescheduled by
providing a written request at least 3 business days in advance of the scheduled hearing
date, in the form and manner as determined by the Director from time to time.
6.8On a review of the Screening Decision, the Hearing Officer may affirmthe 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:
a)Where theHearing 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
b)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; or
c)Where the Hearing Officer is satisfied, on a balance of probabilities, that it is
otherwise in the interests of justice to do so
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6.9AHearing 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
beheard.
6.10The hearing shall be subject to the Statutory Powers Procedure Act.
6.11The Hearing Officer may consider and rely on a certified statement of anOfficer,
including but not limited to, certified photographs taken by an Officer.For this purpose,
the Penalty Notice, signed by the Officer,shall constitutea certified statementof the
Officer.
6.12In addition to anything else that is admissible as evidence in accordance with the
Statutory Powers Procedure Act, the materials referred to in Section 6.11are admissible
as evidence as proof of the facts contained therein, in the absence of evidence to the
contrary.
6.13If evidence referred to in Section 6.11is 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.
6.14ThePerson requesting the hearing shall be served with a copy of the Hearing Decision
within 15 calendar days of the hearing review.
6.15The decision of a Hearing Officer is final.
6.16Where 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 Officerand has not
requested a rescheduling in accordance with the requirements of this By-law:
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
7.0SERVICE OF DOCUMENTS
7.1Service of a Penalty Notice in any of the following ways is deemed effective:
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 orthe 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 theownership
as soon as reasonably practicable after the contravention; or
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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.
7.2Service of any document other than a Penalty Notice may be made by:
a)delivering it personally to the Person who requested the screening or hearing
review, in the case of a Screening Decision or Hearing Decision; or
b)forany document, including a Screening Decision or Hearing Decision:
i)delivering it by hand to an occupant at the last known address of the Owner,
who appears to be at least 16 years of age; or
ii)delivering it by regular mail to the Ownerat thelast known address of the
Owner.
7.3For 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 Parking Enforcement Office of the Cityat the time of service,
such updated address.
7.4Any Penalty Notice or document sent in writing to the Owner by regular mail,as set out
th
in this By-law,is deemed to have been served on the fifth (5) calendar day after the
date of mailing.
7.5Any 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.
7.6Service on a Person who is notthe 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.
8.0ADMINISTRATION
8.1The Director may:
a)Designate areas within the City,and times,for conducting reviews and hearings
under this By-law;
b)Prescribe all forms,notices, including the Penalty Notice, guidelines,processes
and procedures,necessary to implement the By-lawand the administrative
penalty system, andtoamend such forms,notices, guidelines, proceduresand
processesfrom time to time as the Director deems necessary; 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
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9.0GENERAL PROVISIONS
9.1A Penalty Notice that is paid prior to a screening review shall be deemed as final and will
not be subject to screening, unless there is an error on the face of the Penalty Notice as
determined by the Director.
9.2Unless otherwise stated in this By-law, anAdministrative Penaltyis due and payable
within15 calendar days following the Effective Date of Service.
9.3Where 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.
9.4Wherean Administrative Penalty is not paid within 15 calendar days after it becomes
due and payable, the Owner of the vehicle in respect of which the Penalty Notice was
issued shallpay to the City an MTO Search Fee.
9.5Wherean Administrative Penalty is notpaid within 45 calendar days after it becomes
due and payable, 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, a Late Fee.
9.6Notwithstanding Sections 9.4and 9.5, wherean Administrative Penalty is not paid within
15 calendar days after it becomes due and payable in accordance with a 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.
9.7Where an Administrative Penaltyand any Administrative Fees arenot paid within 60
calendar days aftertheybecome 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
9.8Where a person provides a method ofpayment 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 Ownershall, in addition to any other
fees,be liable topay to the City anNSF Fee.
9.9All amounts due and payable to the City pursuant to this By-law constitute a debt to the
City owed by the Owner of the vehicle in respect of which the Penalty Notice was issued.
9.10Where a person makes arequest 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:
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a)the Penalty Notice will not be subject to the Late Payment Fee or the MTO
Search Fee, until thetime for payment has expired, and then in accordance with
the provisions herein; and
b)the enforcement mechanisms available to the City shall be suspended untilthe
extension of time has expired, and then shall apply in accordance with the
provisions herein
9.11Where an Administrative Penalty is cancelled by a Screening Officer or a Hearing
Officer, any Administrative Fee is also cancelled.
9.12Where a Personhas 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.
9.13Where the Person served with a Penalty Noticeor issued a Screening Decisionis not
the Owner, the Owner may exercise any right that such Person may exercise under this
By-law.
9.14No Officer may accept payment in respect of an Administrative Penalty or Administrative
Fee.
9.15Payments 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.
9.16Any time limit that would otherwise expire ona Holiday is extended to the next day that
is not a Holiday.
9.17Any schedule attached to this By-law forms part of this By-law.
10.0SEVERABILITY
10.1Should 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.
11.0OFFENCES
11.1Any Person, including but not limited to the Owner, 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; or
b)obstructs an Officer exercising any authority under this By-law,
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is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the
Provincial Offences Act.
11.2No 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
otherwisewith, 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:
1.
lawyer, licensed paralegal or authorized representative; and
2.Only by that
representative during the hearing of the proceeding in which the issues
arises.
Nothing in this Section prevents a Screening Officer or a Hearing Officer from seeking or
receiving legal advice.
11.3Any Person who contravenes Section 11.2 is guilty of an offence and, upon conviction, is
subject to a penalty in accordance with the Provincial Offences Act.
12.0EFFECTIVE DATE
12.1This By-law shall come into force and effect on June 3, 2019.
PASSED at the Council Chambers in the City of Kitchenerthis day ofApril, A.D.2019.
_____________________________________
Mayor
_____________________________________
Clerk
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DESIGNATED BY-LAWS, SHORT FORM WORDINGSAND ADMINISTRATIVE PENALTIES
1.The provisions of each by-law listed in Column 2of the following tablesare Designated
By-laws.
2.Column 3 in the following tablessets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisionslisted in Column 2.
3.Column 4 in the following tablessets out the Administrative Penalty amount that is
payable for a contravention of the designated provision listed in Column 2for the
matter(s) identified in Column 3.
CITY OF KITCHENER TRAFFIC & PARKING BY-LAW NUMBER 2007-138, AS AMENDED
FROM TIME TO TIME OR ANY SUCCESSOR THEREOF
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDING ADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Part V 1(a)Parked in Permit Only Parking $25.00
Area Without Permit
2Part V 2(a)Parked More Than 0.15 Metres $25.00
From Curb
3Part V 2(a)Parked Facing Wrong Direction$25.00
4Part V 2(b)Parked Facing Wrong Direction $25.00
On One Way Street
5Part V 2(b)Parked More Than 0.15 Metres $25.00
From Curb On One Way Street
6Part V 2(b)Failed To Park Parallel To Curb $25.00
On One Way Street
7Part V 2(d)Parked On The Abutting $25.00
Roadway
8Part V 2(e)Parked In More Than One $25.00
Space
9Part V 3(a)(i)Parked (On/over) A Curb$25.00
10Part V 3(a)(ii)Parked (On/Over) Sidewalk$25.00
11Part V 3(a)(ii)Parked On Boulevard$25.00
12Part V 3(a)(iii)Parked In Intersection$25.00
13Part V 3(a)(iii)Parked on/over multi-use trail $25.00
14Part V 3(a)(iii)Parked Within A Roundabout$25.00
15Part V 3(a)(iv)Parked Within 3 Metres Of A $25.00
Fire Hydrant
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16Part V 3(a)(v)Parked Within 15 Metres Of A $25.00
Railway Crossing
17Part V 3(a)(vi)Parked Within 9 Metres Of An $25.00
Intersection
18Part V 3(a)(viii)Parked Within 1.5 Metres Of A $25.00
Driveway
19Part V 3(a)(viii)Parked Preventing (Ingress $25.00
to/Egress From) Driveway
20Part V 3(a)(x)Parked Obstructing A $25.00
Crosswalk
21Part V 3(a)(xi)Parked Obstructing Traffic$25.00
22Part V 3(a)(xiii)Parked Longer Than 3 $20.00
Consecutive Hours
23Part V 3(a)(xiv)Parked On Highway Between $30.00
2:30 a.m. And 6:00 a.m.
24Part V 3(a)(xv)Parked For Repairing Vehicle$25.00
25Part V 3(a)(xv)Parked For Washing Vehicle$25.00
26Part V 3(a)(xv)Parked For Maintaining Vehicle$25.00
27Part V 3(a)(xvi)Parked For Soliciting $25.00
(Goods/Services)
28Part V 3(a)(xvi)Parked For Buying $25.00
(Goods/Services)
29Part V 3(a)(xvi)Parked For Selling $25.00
(Goods/Services)
30Part V 3(a)(xvi)Parked For Loading/Unloading$25.00
31Part V 3(a)(xvi)Parked To Conduct Business$25.00
32Part V 3(a)(xvii)Parked Within 15 Metres ofBus $25.00
Stop
33Part V 3(a)(xvii)Parked Within 15 Metres of $40.00
Light Rail Transit Stop
34Part V 3(a)(xxv)Parked In A Bicycle Lane$25.00
35Part V 3(a)(xviii)Parked In A Reserved Lane$25.00
36Part V 3(b)Parked On The Highway During $25.00
An Emergency
37Part V 3(a)(xix)Parked Transit Bus On $25.00
Highway
38Part V 3(a)(xx)ParkedSchool Bus On a $25.00
Highway
39Part V 3(a)(xxii)Parked A Trailer More Than 10 $25.00
Metres In Length
40Part V 3(a)(xxi)Parked Heavy Truck On $45.00
Highway
41Part V 3 (a)(xxiii)Parked Vehicle Which is $25.00
Unlicensed
42Part V 3(a)(xxiv)Parked Vehicle Which is $25.00
Leaking Fluids
43Part V 3(c)Parked In A Construction $25.00
Parking Area Without Permit
44Part V 4(a)Parked In Prohibited Area$25.00
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45Part V 5Parked Over Time Limit$20.00
46Part V 6Parked Backed In At Angle$25.00
47Part V 6Parked At Wrong Angle$25.00
48Part V 7(i)Stopped In School Bus Loading $45.00
Zone
49Part V 7(ii)Stopped On Median$45.00
50Part V 7(ii)Stopped Adjacent To Median$45.00
51Part V 7(iii)Stopped Within 30 Metres Of $45.00
Bridge
52Part V 7(iii)Stopped Within 30 metres Of $45.00
Tunnel
53Part V 7(iii)Stopped Within 30 Metres Of $45.00
Underpass
54Part V 7(iv)Stopped Within A Roundabout$45.00
55Part V 8(a)Stopped In No Stopping Zone$45.00
56Part V 9Stopped InLoading Zone$45.00
57Part V 10Stopped In Taxicab Stand$45.00
58Part V 11(a)Stopped In A School Zone$80.00
59Part V 12(a)Parked (On/Over) Sidewalk $50.00
During a Special Event
60Part V 12(a)Parked On Boulevard During a $50.00
Special Event
61Part V 12(b)Parked Within 1.5 Metres Of A $50.00
Driveway During a Special
Event
62Part V 12(c)Parked Within 3 Metres Of A $50.00
Fire Hydrant During a Special
Event
63Part V 12(d)Parked In Prohibited Area $50.00
During a Special Event
64Part V 12(e)Stopped In No Stopping Zone $90.00
During a Special Event
65Part V 12(f)Parked On The Highway During $50.00
An Emergency During a
Special Event
66Part V 12(g)Parked Over Time Limit During $40.00
a Special Event
67Part V 12(h)Parked Longer Than 3 $40.00
Consecutive Hours During a
Special Event
68Part VI 1(b)Parked At Expired Meter$20.00
69Part VI (1) (a) (c) (e)Park in Parking Meter Zone $25.00
fail to pay required fee
70Part VI (1)(c)Park in Parking Meter Zone -$25.00
longer than maximum permitted
time
71Part VI 1(e)Parked Not Wholly In Parking $25.00
Space
72Part VI 4(c)Parked Taxicab In A Metered $25.00
Space
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15
73Part V 3(d)Parked on a Highway During a $80.00
Snow Event
74Part VI 3Parked in accessible space $300.00
without permit
75Part VI 3Stopped in accessible space $300.00
without permit
BY-LAW NUMBER 88-169, BEING A BY-LAW TO REGULATE THE PARKING OR LEAVING
OF VEHICLES ON MUNICIPAL PARKING FACILITIES
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
13(b)parked not whollyin parking $25.00
space
23(c)parkedin other thanparking $25.00
space
33(d)parked vehicle longer than 6.1 $25.00
metres
43(d)parked vehicle wider than 2.3 $25.00
metres
53(i)parked buying (goods)(services)$25.00
63(i)parked selling (goods)(services)$25.00
73(i)parked displaying $25.00
(goods)(services)
83(i)parked displaying vehicle for $25.00
sale
93(i)parked washing vehicle$25.00
103(i)parked maintaining vehicle$25.00
113(i)parked repairing vehicle$25.00
125(a)parked at expired meter$20.00
CITY OF KITCHENERPRIVATE PROPERTY BY-LAW NUMBER 2010-190
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Section 3parkedon private property $25.00
2Section 4parked on private property-$25.00
municipal
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16
3Section 5parked in an unauthorized $80.00
area
BY-LAW NO. 88-171, AS AMENDED, BEING A BY-LAW TO DESIGNATE PRIVATE
ROADWAYS AS FIRE ROUTES, AND TO PROHIBIT PARKING THEREON
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Section 6parked onfire route$75.00
BY-LAW NUMBER 2008-117, BEING A BY-LAW TO AUTHORIZE CERTAIN ON-STREET
AND OFF-STREET PARKING OF VEHICLES FOR USE BY PERSONS WITH A
DISABILITY, AND THE ISSUING OF PERMITS IN RESPECT THEREOF
COLUMN 1COLUMN 2COLUMN 3COLUMN 4
ITEMDESIGNATED SHORT FORM WORDINGADMINISTRATIVE
PROVISIONPENALTY AMOUNT
1Section 6(park)(stop)in space$300.00
designated for disabled person
9 - 31
17
ADMINISTRATIVE FEES
ITEMFEE
Hearing Non-Appearance Fee$50
Late Payment Fee$25
MTO Search Fee$10
Plate Denial Fee$25
Harmonized
Sales Tax (H.S.T.) where applicable.
9 - 32
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-lawwithrespect tothe appointment of screening and
hearing officers)
WHEREAS Section 102.1(1) of the Municipal Act, 2001Municipal
Act, 2001
the municipality is satisfied that the person failed to comply with any by-laws respecting the
parking, standing or stopping of vehicles;
AND WHEREAS the Province has adopted O. Reg. 333/07, pursuant to the Municipal Act, 2001,
which applies to administrative penalties in respect of the parking, standing or stopping of
vehicles;
AND WHEREAS in accordance with the Municipal Act, 2001, the City has passed a Parking
Administrative Penalty By-law;
AND WHEREAS in accordance with the aforesaid by-law and the Regulation, a person who
receives a Penalty Notice shall have the right to request a screening review of the administrative
penalty by a Screening Officers appointed by the City;
AND WHEREAS in accordance with the aforesaid by-law and the Regulation, a person who
receives a Screening Decision shall have the right to request a review of the decision by a Hearing
Officer appointed by the City;
ANDWHEREAS the City considers it desirable and necessary to establish the positionsof
Screening Officer and Hearing Officer,which are required for the operation of the Parking
Administrative Penalty By-law;
NOW THEREFORE The Corporation of the City of Kitchenerenacts as follows:
Title
1.This By--
Definitions
2.For the purposes of this by-law:
Administrative Penaltymeans an administrativepenalty imposed for a contravention of a
Designated By-law,as set out in the Parking Administrative Penalty By-law;
City means The Corporation of the City of Kitchener;
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2
City Solicitor means the City Solicitor, or anyone designated by the City Solicitor to perform his
or her duties pursuant to this By-law;
Councilmeans the elected Council of the City;
Designated By-lawmeansany provision of aCity by-lawto which the Parking Administrative
Penalty By-law applies, as designated therein;
General Manager, Community Services Department/Deputy CAO means the General Manager,
Community Services Department/Deputy CAO of the City, or anyone designated by the General
manager, Community Services Department/Deputy CAO to perform his or her duties pursuant to
this By-law;
Hearing Officermeans any person appointed from time to time pursuant to this By-law, to
perform the functions of a hearing officerin accordance with this By-lawand the Parking
Administrative Penalty By-law;
Joint Panel means a panel comprised of representatives of the City of Kitchener and the City
of Waterloo, as set out in the Policy for Appointment of Screening and Hearing Officers;
Parentmeans a person who has demonstrated a settled intention to treat a child as a member
of her or his family whether or not that person is the natural parent of the child;
Parking Administrative Penalty By-law means By-law No. 2019-039of the City, as amended
from time to time, or any successor thereof;
Personincludes an individual or a corporation;
Policy for Appointment of Screeningand HearingOfficers meansa policy for the appointment
of screening and hearing officersas approved by Council,and amended from time to time, or any
successor thereof;
Power of Decision means a power or right, conferred by or under this By-law and the Parking
Administrative Penalty By-law, to make a decision deciding or prescribing the legal rights, powers,
privileges, immunities, duties or liabilities of any person:
a)In the case of a Screening Officer, in respect of a request to review an Administrative
Penalty; and
b)In the case of a Hearing Officer, in respect of areview ofa Screening Decision
Regulationmeans O. Reg. 333/07, made under the Municipal Act, 2001, as amended from time
to time, or any successor thereof;
Relativeincludes any of the following persons:
a)spouse, common-law partner, or any person with whom the person is living as a
spouse outside of marriage;
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3
b)Parentor legal guardian;
c)child, including a step child and grandchild;
d)siblingsand children of siblings;
e)aunt, uncle, niece and nephew;
f)in-laws, including mother, father, sister, brother, daughter and son; or
g)any person who lives with the person on a permanent basis
Screening Decisionmeans a notice which contains the decision of a Screening Officer, as set
out in the ParkingAdministrative Penalty By-law;
Screening Officermeans any person appointed from time to time pursuant to this By-law, to
perform the functions of a screening officerin accordance with this By-lawand the Parking
Administrative Penalty By-law; and
Spousemeans a person to whom the person is married or with whom the person is living in a
conjugal relationship outside marriage
Screening Officer
3.The position of Screening Officer is established for the purpose of exercising the Power
of Decision in the screening review of anAdministrative Penalty, as set out in the
Parking Administrative PenaltyBy-law.
4.The Screening Officer shall have all the powers of a screening officer as set out in the
Parking Administrative PenaltyBy-lawand the Regulation.
5.Screening Officer(s)shall be appointed by theGeneral Manager, Community Services
Department/Deputy CAO,in consultation with the City Solicitor, in accordance with the
for Appointment of Screeningand HearingOfficers.
Hearing Officer
6.The position of Hearing Officer is established for the purpose of exercising the Power of
Decision in a review of a Screening Decision, as set out in the Parking Administrative
Penalty By-law.
7.The Hearing officer shall have all the powers of a hearing officer as set out in the
ParkingAdministrative Penalty By-law and the Regulation.
8.Hearing Officer(s)shall be appointed by Council on the recommendation of the Joint
Officers. Therecommendation shall give preference to an eligible candidate:
1)with good knowledge of, and experience in, administrative law; and
2)of good character
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4
9.Hearing Officersshall be appointed for the term of Council, and thereafter until the
Hearing Officer is reappointed or a successor is appointed pursuant to this By-law or is
no longer required by the City.
10.Notwithstanding Section 9of this By-law, Council may revoke the appointment ofa
Hearing Officerat any time,on the recommendation of the Joint Panel, ifthe Hearing
Officer:
1)is found to have contravened any applicable City policy relating to the administration
of the Administrative Penalty system;
2)is found to have contravened any other requirement of the appointment; or
3)at any time during the appointment becomes ineligible for appointment
11.A Hearing Officer shall be remunerated at a rate as established by Councilfrom time to
time.
12.A Hearing Officer is deemed not to be an employee of the City, but a person who holds
an administrative position in accordance with Section 258 of the Municipal Act, 2001.
Eligibility
13.The following persons are not eligible for appointment as a Screening Officer or a
Hearing Officer:
1)A member of Council;
2)A Relative of a member of Council;
3)In the case of a Hearing Officer, an employee of the City;
4)A person indebted to the City, other than:
a)In respect of current property taxes; or
b)Pursuant to an agreement with the City, where the person is in
compliance with the terms thereof
General
14.A Screening Officer or a Hearing Officer shall have no authority to further delegate
his/her powers or duties.
15.Neither a Screening Officer nor a Hearing Officer has jurisdiction 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.
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5
16.For the purposes of subsection 23.2(4) of the Municipal Act,2001,Council has determined
that the powers delegated to the Screening Officer and the Hearing Officer are minor in
nature.
Severability
17.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.
18.This by-law shall come into effect on June 3, 2019.
PASSED at the Council Chambers in the City of Kitchenerthis day ofApril, A.D.2019.
_____________________________________
Mayor
_____________________________________
Clerk
9 - 37
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-lawto amend parking by-laws with respect to
administrative penalties)
WHEREAS the City has approved By-law Number No. 2019-039, which establishes an
administrative penalty system for parking, in accordance with Section 102.1 of the Municipal Act,
2001 and O. Reg. 333/07;
AND WHEREAS the City wishes to amend By-law No. 2007-138, 88-169, 2010-190, 88-171 and
2008-117to designate certain provisions for the purposes of Section 3 of O. Reg. 333/07 as
provisions to which administrative penalties shall apply;
NOW THEREFORE The Corporation of the City of Kitchenerenacts as follows:
1.Section 1 of By-law No. 2008-117 is hereby amended by adding the following:
designated pmeans any section of this By-law designated in accordance with
Section 11(a);
Municipal Act,
2001,S.O. 2001, c. 25, as amended from time to time or anysuccessor thereof;
-By-law No. 2019-039 of the City, as
amended from time to time, or any successor thereof;
2.By-law No. 2008-117 is further amended by deleting Sections 10 and 11, and replacing
them with the following new Sections 10 and 11:
10.Any person who contravenes any of the provisions of this By-law, except a
designated provision, is guilty of an offence and upon conviction is liable to a
minimum fine of $300 and a maximum penalty as provided for in the Provincial
Offences Act, R.S.O. 1990, c P. 33, as amended from time to time, or any
successor thereof.
11.(a)Section 6of this By-law is hereby designated for the purposes of Section 3 of O.
Reg. 333/07 as the part of this By-law to which the Parking Administrative
Penalty By-law applies.
(b)If a vehicle has been left parked, standing or stopped in contravention of a
designated provision, the owner of the vehicle shall, upon issuance of a penalty
notice in accordance with the Parking Administrative Penalty By-law, be liable to
pay an administrative penalty and any administrative fees, in accordance with the
Parking Administrative Penalty By-law
9 - 38
2
(c)The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to
time, or any successor thereof, does not apply to a contravention of a designated
provision of this By-law.
(d)Except as set out in Sections 10 and 11(c), all provisions of this by-law and of
any other applicable legislation shall continue to apply to the designated
provisions, in addition to the Parking Administrative Penalty By-law.
3.Section 1 of By-law No. 88-169is amended by adding the following:
(d)(i)Designated Provisionmeans any section of this By-law designated in accordance
with Section7(b);
(f)(i)O. Reg. 333/07means Ontario Regulation 333/07, made under the Municipal
Act, 2001,S.O. 2001, c. 25, as amended from time to time or any successor
thereof;
(f)(ii)Parking Administrative Penalty By-lawmeans By-law No. 2019-039 of the City,
as amended from time to time, or any successor thereof;
4.By-law No.88-169 is further amended by deleting Section 7 and replacing it with the
following new Section 7:
7.(a)Every person who contravenes any provision of this by-law, except a Designated
Provision, is guilty of an offence and on conviction is liable to apenalty as
provided for in the Provincial Offences Act, R.S.O. 1990, c P. 33, as amended
from time to time, or any successor thereof.
(b)Sections 3(b), (c), (d), (i) and 5(a) of this By-law arehereby designated for the
purposes of Section 3 of O. Reg. 333/07 as parts of this By-law to which the
Parking Administrative Penalty By-law applies.
(c)If a vehicle has been left parked, standing or stopped in contravention of a
Designated Provision, the owner of the vehicle shall, upon issuance of a penalty
notice in accordance with the Parking Administrative Penalty By-law, be liable to
pay an administrative penalty and any administrative fees, in accordance with the
Parking Administrative Penalty By-law.
(d)The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to
time, or any successor thereof, does not apply to a contravention of a Designated
Provision of this By-law.
(e)Except as set out in Sections 7(a) and (d), all provisions of this by-law and of any
other applicable legislation shall continue to apply to the Designated Provisions,
in addition to the Parking Administrative Penalty By-law.
5.Section 1 of By-law No. 88-171 is amended by adding the following:
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3
1(1)(a) designated provisionmeans any section of this By-law designated in
accordance with Section 9(b);
1(1)(b)O. Reg. 333/07means Ontario Regulation 333/07, made under the Municipal
Act, 2001,S.O. 2001, c. 25, as amended from time to time or any successor
thereof;
2(a)Parking Administrative Penalty By-lawmeans By-law No. 2019-039 of the City,
as amended from time to time, or any successor thereof;
6.By-law No. 88-171 is further amended by deleting Section 9 and replacing it with the
following new Section 9:
9. (a)Every person who contravenes any provision of this by-law, except a designated
provision, is guilty of an offence and on conviction is liable to a penalty as
provided for in the Provincial Offences Act, R.S.O. 1990, c P. 33, as amended
from time to time, or any successor thereof.
(b)Section 6 of this By-law is hereby designated for the purposes of Section 3 of O.
Reg. 333/07 asthepart of this By-law to which the Parking Administrative
Penalty By-law applies.
(c)If a vehicle has been left parked, standing or stopped in contravention of a
designated provision, the owner of the vehicle shall, upon issuance of a penalty
notice in accordance with the Parking Administrative Penalty By-law, be liable to
pay an administrative penalty and any administrative fees, in accordance with the
Parking Administrative Penalty By-law
(d)The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to
time, or any successor thereof, does not apply to a contravention of a designated
provision of this By-law.
(e)Except as set out in Sections 9(a) and 9(d), all provisions of this by-law and of
any other applicable legislation shall continue to apply to the designated
provisions, in addition to the Parking Administrative Penalty By-law.
7.Section 1 of By-law 2010-190 is hereby amended by adding the following:
Designated Provisionmeans any section of this By-law designated in accordance with
Section9(b);
O. Reg. 333/07means Ontario Regulation 333/07, made under the Municipal Act,
2001,S.O. 2001, c. 25, as amended from time to time or any successor thereof;
Parking Administrative Penalty By-lawmeans By-law No. 2019-039 of the City, as
amended from time to time, or any successor thereof;
8.By-law No. 2010-190 is further amended by deleting Section 9 and replacing it with the
following new Section 9:
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4
9. (a)Every person who contravenes any provision of this by-law, except a Designated
Provision, is guilty of an offence and on conviction is liable to a penalty as
provided for in the Provincial Offences Act, R.S.O. 1990, c P. 33, as amended
from time to time, or any successor thereof.
(b)Sections 3, 4 and 5of this By-law arehereby designated for the purposes of
Section 3 of O. Reg. 333/07 as parts of this By-law to which the Parking
Administrative Penalty By-law applies.
(c)If a vehicle has been left parked, standing or stopped in contravention of a
Designated Provision, the owner of the vehicle shall, upon issuance of a penalty
notice in accordance with the Parking Administrative Penalty By-law, be liable to
pay an administrative penalty and any administrative fees, in accordance with the
Parking Administrative Penalty By-law.
(d)The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to
time, or any successor thereof, does not apply to a contravention of a Designated
Provision of this By-law.
(e)Except as set out in Sections 9(a) and 9(d), all provisions of this by-law and of
any other applicable legislation shall continue to apply to the Designated
Provisions, in addition to the Parking Administrative Penalty By-law.
9.PART II -DEFINITIONS of By-law No. 2007-138 is hereby amended by adding the
following:
Designated Provisionmeans any section of this By-law designated in accordance with
Part XXI Section 1(c);
O. Reg. 333/07means Ontario Regulation 333/07, made under the Municipal Act, 2001,
S.O. 2001, c. 25, as amended from time to time or any successor thereof;
Parking Administrative Penalty By-lawmeansBy-law No. 2019-039 of the City, as
amended from time to time, or any successor thereof;
10.By-law No. 2007-138 is further amended bydeleting Part XXI PENALTIES, Section 1,
and replacing it with the following new PART XXI PENALTIES, Section 1:
PART XXI PENALTIES
1.(a)Any person who contravenes any of the provisions of this By-law, except a
Designated Provision, is guilty of an offence and upon conviction is liable to a
penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c P. 33, as
amended from time to time, or any successor thereof.
(b)Part XXI, Section 1(a) of this By-law shall be in addition to, and shall not limit the
application of, the Highway Traffic Act.
9 - 41
5
(c)The Sections of this By-law that are listed in Schedule27to this By-law are
hereby designated for the purposes of Section 3 of O. Reg. 333/07 as parts of
this By-law to which the Parking Administrative Penalty By-law applies.
(d)If a vehicle has been left parked, standing or stopped in contravention of a
Designated Provision, the owner of the vehicle shall, upon issuance of a penalty
notice in accordance with the Parking Administrative Penalty By-law, be liable to
pay an administrative penalty and any administrative fees, in accordance with the
Parking Administrative Penalty By-law.
(e)The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to
time, or any successor thereof, does not apply to a contravention of a Designated
Provision of this By-law.
(f)Except as set out in Part XXI, Sections 1(a) and 1(e)of this By-law, all provisions
of this By-law and of any other applicable legislation shall continue to apply to the
Designated Provisions, in addition to the Parking Administrative Penalty By-law.
11.By-law No. 2007-138is hereby amended by adding a new Schedule 27, Designated
-law.
12.This By-law shall come into effect on June 3, 2019. Any parking infraction notices issued
prior to such date shall be subject to the provisions of the By-law under which they were
issued, as it was prior to the amendments contained herein.
PASSED at the Council Chambers in the City of Kitchenerthis day ofApril, A.D.2019.
_____________________________________
Mayor
_____________________________________
Clerk
9 - 42
6
To By-law Number 2019-
Being new Schedule27to By-law Number 2007-138
DESIGNATED PROVISIONS FOR ADMINISTRATIVE PENALTIES
COLUMN 1COLUMN 2
ITEMDESIGNATED PROVISION
1Part V 1(a)
2Part V 2(a)
3Part V 2(a)
4Part V 2(b)
5Part V 2(b)
6Part V 2(b)
7Part V 2(d)
8Part V 2(e)
9Part V 3(a)(i)
10Part V 3(a)(ii)
11Part V 3(a)(ii)
12Part V 3(a)(iii)
13Part V 3(a)(iii)
14Part V 3(a)(iii)
15Part V 3(a)(iv)
16Part V 3(a)(v)
17Part V 3(a)(vi)
18Part V 3(a)(viii)
19Part V 3(a)(viii)
20Part V 3(a)(x)
21Part V 3(a)(xi)
22Part V 3(a)(xiii)
23Part V 3(a)(xiv)
24Part V 3(a)(xv)
25Part V 3(a)(xv)
26Part V 3(a)(xv)
27Part V 3(a)(xvi)
28Part V 3(a)(xvi)
29Part V 3(a)(xvi)
30Part V 3(a)(xvi)
31Part V 3(a)(xvi)
32Part V 3(a)(xvii)
33Part V 3(a)(xvii)
34Part V 3(a)(xxv)
9 - 43
7
35Part V 3(a)(xviii)
36Part V 3(b)
37Part V 3(a)(xix)
38Part V 3(a)(xx)
39Part V 3(a)(xxii)
40Part V 3(a)(xxi)
41Part V 3 (a)(xxiii)
42Part V 3(a)(xxiv)
43Part V 3(c)
44Part V 4(a)
45Part V 5
46Part V 6
47Part V 6
48Part V 7(i)
49Part V 7(ii)
50Part V 7(ii)
51Part V 7(iii)
52Part V 7(iii)
53Part V 7(iii)
54Part V 7(iv)
55Part V 8(a)
56Part V 9
57Part V 10
58Part V 11(a)
59Part V 12(a)
60Part V 12(a)
61Part V 12(b)
62Part V 12(c)
63Part V 12(d)
64Part V 12(e)
65Part V 12(f)
66Part V 12(g)
67Part V 12(h)
68Part VI 1(b)
69Part VI (1) (a) (c) (e)
70Part VI (1)(c)
71Part VI 1(e)
72Part VI 4(c)
73Part V 3(d)
74Part VI 3
75Part VI 3
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{/I95
\[9 5
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