Bill 68, Modernizing Ontario's Municipal Act: Amendment states you don't have to be charged, with an offence, yet the fine is put onto your property taxes for non-compliance of a by-law
Dear Editor
The Administrative Penalties are back! Bill 68, Modernizing Ontario's Municipal Act, is in its second reading. And even though Ontarians have stated they do not want administrative penalties, its in the Bill.
This amendment to the Municipal Act states you don't have to be charged, with an offence, yet the fine is put onto your property taxes for non-compliance of a by-law. So what if a by-law is passed that white trim isn't allowed? You don't get a day in court!
The sections are below...isn't it time to tell this government enough is enough. And why haven't we heard anything about this from the Opposition Parties – where are they???
Administrative penalties
434.1
Without limiting sections 9, 10 and 11, a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under this Act.
Purpose of administrative penalties
The purpose of a system of administrative penalties established by a municipality under this section shall be to assist the municipality in promoting compliance with its by-laws.
Monetary limit
The amount of an administrative penalty established by a municipality,
shall not be punitive in nature; and
shall not exceed the amount reasonably required to promote compliance with a by-law of the municipality.
Effect on offences
If a person is required by a municipality to pay an administrative penalty under subsection (1) in respect of a contravention, the person shall not be charged with an offence in respect of the same contravention.
Regulations
The Minister may make regulations providing for any matters which, in the Minister’s opinion, are necessary or desirable for the purposes of this section, including,
granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties;
imposing conditions and limitations on a municipality’s powers with respect to administrative penalties.
Debt
434.2
An administrative penalty imposed by a municipality on a person under section 434.1 constitutes a debt of the person to the municipality.
Amount owing added to tax roll
If an administrative penalty imposed under section 434.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of a local municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes.
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I am not a lawyer and do not give legal advice. Any information relayed is for informational purposes only. Please contact a lawyer.
