HomeMy WebLinkAboutCRPS-09-024 - Set Fines - Chapter 586 (Refreshment Vehicles)1
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Corporate Services
REPORT
Report To: Mayor and Members of Council
Date of Meeting:
Submitted By:
Prepared By:
Ward(s~ Involved:
Date of Report:
Report No.:
March 2, 2009
Jennifer Sheryer, Assistant City Solicitor
Jennifer Sheryer, Assistant City Solicitor
All
February 24, 2009
CRPS-09-024
Subject: SET FINES FOR CH 586 (REFRESHMENT VEHICLES)
RECOMMENDATION:
"That the short form wording and suggested set fine amounts for the offences under
Chapter 586, as set out in Schedule "A" attached to Corporate Services Department
report CRPS-09-024, 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:
Under the Provincial Offences Act, for non-parking offences, a charge may be laid under Part I
or Part III of the Act. The maximum fine that can be sought for Part I Offences is $500, while
the maximum fine for Part III offences under this by-law is $25,000 for an individual and $50,000
for a corporation. Another difference between Part I and Part III offences is evident if a
defendant wishes to plead guilty. Under Part I, a defendant can plead guilty by paying the set
fine indicated on the ticket, without ever having to attend court. By contrast, if a defendant
charged under Part III wishes to plead guilty, they must appear in court to do so. Currently, the
City By-law Enforcement Officers and Licensing Inspectors are only able to enforce Chapter 586
byway of laying a charge under Part III of the Act.
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 it can be issued 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.
FINANCIAL IMPLICATIONS:
There are no negative financial implications.
COMMUNICATIONS:
In conjunction with 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.
JENNIFER SHERYER
Assistant City Solicitor
JS:sh
cc: P. Harris
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