Municipal Statute Law Amendment Act, 2006 Enforcement and Licensing

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Municipal Statute Law Amendment Act, 2006-
Enforcement and Licensing -

• Ontario Association of
• Property Standards Officers
• May 29, 2006

Ministry of Municipal Affairs and
Housing Northeastern Municipal Services
Office Bryan Searle, Municipal Advisor
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Disclaimer Municipal Statute Law Amendment Act,
2006

• These slides are provided by the Ministry of
  Municipal Affairs and Housing for convenience
  only. They are a simplified summary of some of
  the changes to the Municipal Act, 2001 made by
  Bill 130, and associated regulations filed in
  relation to that Bill.
• The slides should not be relied on for legal or
  official purposes. For authoritative text,
  recourse may be had to the official volumes
  (which include, but are not limited to, the
  Municipal Act, 2001 and the applicable
  regulations). As local facts and circumstances
  are variable, users may wish to consider
  obtaining their own legal advice when particular
  legal issues or decisions arise.

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Delegation

• Delegation of Powers Duties
• s.23.1 23.5

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General Power to Delegate

• Council may delegate powers directly to boards,
  committees or individuals
• Builds on authority to create local bodies (e.g.
  advisory committees) to assist with local
  decision-making
• Minister has regulation making authority to
  restrict or impose conditions on delegation powers

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Legislative Quasi-Judicial Powers

• Expanded authority to delegate legislative and
  quasi-judicial powers to certain persons/bodies,
  subject to certain restrictions (s.23.1) new
• Legislative powers
• E.g. noise by-laws, licensing, sign by-laws
• Quasi-judicial powers
• E.g. revoking/suspending licenses

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Legislative Quasi-Judicial Powers

• These powers can only be delegated to
• One or more members of municipal council
• A body that has at least 2 members, of which 50
  are council members, council appointees, or
  combination
• An officer, employee or agent of the municipality
  (but only if the power is of a minor nature)

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Matters That Can Be Delegated

• Examples (but not limited to)
• Property Standards
• Noise by-laws
• Fences
• Animal control
• Local garbage pickup
• Certain types of business licensing (e.g. chip
  wagons, ice cream vendors)
• Etc

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Powers That Cannot Be Delegated

• Appointing/removing statutory officers
• Issues regarding taxes
• Incorporating corporations
• Adopting or amending official plans
• Zoning by-laws
• Issues related to small business counselling
  municipal capital facilities
• Community improvement plans
• Approving municipal budgets
• Other powers as prescribed

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Other Amendments

• When a municipality delegates a power to a
  municipal service board, existing municipal
  by-laws or resolutions are deemed to be by-laws
  of the board
• Authority to establish appeal body to hear
  appeals or review decisions made under delegated
  power section 284.1 new
• Includes power to determine procedures, powers
  rules of those conducting the appeal
• Delegation can be revoked (unless specified) but
  can always be revoked after council term

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Business Licensing

• Part IV

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Licensing Overview

• Authority to license now either in broad power
  (for single tiers) or spheres (two tier
  structures)
• Also specific powers under Part IV (Licensing
  Registration)
• Broader licensing powers purposes removed
• No longer limited to the following purposes
  health and safety nuisance control consumer
  protection
• Fees
• Now under general fees and charges provisions

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Licensing whats the same

• Restrictions continue. No authority to license
• A manufacturing or industrial business, except to
  the extent that it sells its products or raw
  material by retail
• The sale of goods by wholesale or
• The generation, exploitation, extraction,
  harvesting, processing, renewal or transportation
  of natural resources

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Licensing whats the same

• Can limit the number of taxicab licences and set
  fares/rates for cabs and tow trucks
• Zoning/limiting adult entertainment
  establishments where they can operate
• Ministers regulation making authority

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Licensing whats new

• Administrative suspension of a licence - s.
  151(2)
• May suspend a licence without a hearing if
  continuation poses danger to health safety (up
  to 14 days)
• Can suspend a licence without a hearing for 28
  days for the following reasons s. 151(3)
• The holding of a special event
• Construction, maintenance or repair of the public
  property
• Installation, maintenance or repair of a public
  utility or service
• Pedestrian, vehicular or public safety or public
  health

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Licensing whats new

• Authority to require payment of administrative
  penalties for failure to comply with a by-law
  relating to a business licence s. 151(1)(g)
• Can only use this authority if provincial
  regulation allows it to be used

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Licensing restrictions lifted

• Purpose for licensing
• Requirement for explanation in by-law
• Specific requirement for notice and public
  meeting before passing licensing by-law
• Five-year sunset of licensing by-law

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Licensing Regulation

• Residential units - new
• Authority to establish a registry for or to
  license, regulate or govern the rental of a
  residential unit
• Group homes status quo

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Enforcement
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Enforcement Overview

• Part XIV replaced more streamlined
• Offences and Penalties s.425 - 434
• Powers of Entry s.435 - 439
• General Enforcement Powers s.440 - 443
• Orders and Remedial Actions s.444 - 446
• Court Order to Close Premises s.447

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Offences

• By-laws can provide that directors officers of
  corporations who knowingly concur in a
  contravention of a by-law by the corporation are
  guilty of an offence s. 425 new
• Refusal of consent for a person exercising a
  power/performing a duty under the Act/by-law to
  enter/remain in a dwelling does not constitute
  offence of hindering or obstruction
• Unless municipality acting under s.438/439 or
  437(d) or (e)- new
• Anyone who refuses/neglects to produce
  information or thing required by a person acting
  under an order under s.438 is guilty of an offence

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Penalties fines ss. 428-434

• Authority to establish fines for contravening
  by-laws. System of fines may
• Designate offence as continuing and provide
  minimum maximum fines for each day/part day
• Designate an offence as a multiple offence and
  provide minimum maximum fines
• Establish escalating fines for second
  subsequent conviction
• Establish special fines to reduce/eliminate any
  economic advantages for contravening a by-law

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Penalties restrictions new s. 429

• Rules
• Minimum fine not to exceed 500
• Maximum fine not to exceed 100,000
• Special fine may exceed 100,000
• Continuing Offence
• For each day/part of day the offence continues,
  minimum fine not to exceed 500 maximum not to
  exceed 10,000
• Total of all daily fines not limited to 100,000

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Penalties - restrictions

• Multiple offences
• For each offence included, minimum fine not to
  exceed 500 and maximum fine not to exceed
  10,000
• Total of all fines for each offence not limited
  to 100,000
• Fines under other acts provide limits

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Fines additional penalties

• Adult Entertainment s. 430
• Contravention of by-law may be liable to a term
  of imprisonment not exceeding one year in
  addition to applicable fine
• Maximum fine of 25,000 eliminated

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Powers of Entry ss. 435-439

• By-laws providing for inspection power of entry
  to land buildings (other than occupied
  dwellings) to determine compliance with by-laws,
  orders, licence conditions
• Authority to enter land buildings (including
  occupied dwellings) and to conduct an inspection
  pursuant to order issued by a judge or justice of
  the peace
• Authority to enter and search a premises for
  evidence of an offence under the Act pursuant to
  a warrant that may also authorize seizure of
  evidence
• For occupied dwellings, consent of occupier is
  generally required

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Powers of Entry inspections. 436

• By-law may provide for the exercise of inspection
  powers
• Can require production/inspect/remove documents
  or things
• Require information from any person
• Make examinations or take tests, samples,
  photographs alone or in conjunction with someone
  else

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Powers of Entry

• Inspection pursuant to Order (s.438)
• Provincial judge or justice of the peace may
  issue order authorizing entry to land and
  buildings (including occupied dwellings) for
  purpose of inspection to determine compliance
  with by-law, direction or order or condition of
  license
• Search warrant (s.439)
• Provincial judge or justice of the peace may
  issue order authorizing entry and search for
  evidence relevant to commission of an offence
  under Act/by-law (warrant may authorize seizure
  of evidence)
• Warrant may be issued even if there is no
  intention to seize evidence (new)

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Orderss. 444-447.9

• Expanded powers to make orders
• Order to discontinue contraventions of a by-law
• Order to require remedial action for
  contraventions of a by-law
• Failure to comply with an order under s. 444 or
  445 can be made an offence by the municipality
• Court orders to close premises provisions
  continue

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Other new powers - s.63

• Impounding objects
• Previously, power to remove impound objects or
  vehicles existed only on a highway
• Municipalities can destroy or give perishable
  items to charitable institutions
• Amended Act extends this power to objects or
  vehicles near a highway - new
• If the object other than motor vehicles, that is
  used to sell anything on or near a highway is not
  claimed by the owner within 60 days, it becomes
  the property of the municipality may be sold
  (proceeds go to the municipalitys general funds)
  - new

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Other Amendments
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StructuresDemolition Conversion

• Authority to prohibit and regulate the demolition
  of residential rental properties and the
  conversion of residential rental properties
  (s.99.1) new
• Restriction municipality cannot prohibit or
  regulate the demolition or conversion of a
  residential rental property that has less than 6
  dwelling units

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ParkingAdministrative Penalties

• A municipality may require a person to pay an
  administrative penalty if they violate the
  municipalitys parking by-law (s.102.1) new
• Would be subject to enabling regulation
• There is a regulation under the City of Toronto
  Act, 2006. At this point there is no regulation
  under the Municipal Act, 2001

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Provincial InterestRegulation Making Power

• S.451.1
• LGIC can make regulations imposing limits and
  conditions on the broad powers of municipalities
• Regulation is revoked 18 months after it comes
  into force
• Regulation cannot be renewed, extended in time or
  replaced with a similar regulation
• Regulation would provide that any respective
  by-law of the municipality is inoperative to the
  extent of the limit, condition, or prohibition

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Amendments to other Acts
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Amended acts include

• Highway Traffic Act
• Line Fences Act
• Liquor Licence Act
• Retail Business Holidays Act
• Ontario Heritage Act
• Homes for the Aged and Rest Homes Act
• Housing Development Act
• Social Housing Reform Act
• Ontario Housing Corporation Act

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Highway Traffic Act

• Authority to set speed limits for all highways
  under municipal jurisdiction
• Not just in increments of 10 km/h
• Not to exceed 100 kilometres per hour
• Default speed limits of 50 kilometres per hour in
  urban areas and 80 kilometres per hour on
  highways in prescribed former townships remain
• Signs must be posted if municipally-set speed
  limits differ

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Line Fences Act

• Requires ARROW owner to pay 100 of fencing costs
  for line fences abutting farming businesses
• Farming business defined as in the Farm
  Registration and Farm Organizations Funding Act,
  1993
• Fences must only be provided if requested by the
  farming business
• The usual fence viewing arbitration process
  applies to all non-farm lands abutting an ARROW
• Expanded regulation authority

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Liquor Licence Act

• Authority to pass by-laws extending the hours of
  sale of liquor by licence holders in all or part
  of a municipality
• Municipality could designate an officer or
  employee who may extend hours of sale during
  special events
• Application for a liquor licence could be denied
  if the applicant has contravened a by-law
  extending bar hours
• To be proclaimed at a later date

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Retail Business Holidays Act

• Municipality has authority to regulate holiday
  store closings
• Municipality may pass by-law that RBHA does not
  apply if it has passed by-law under s.148 of the
  Municipal Act
• Holiday store closings apply to
• Upper tiers in regions lower tiers in counties
  single tiers
• Employment Standards Act, 2000 will continue to
  apply as if the RBHA applied
• Right to refuse to work on a public holiday or
  Sunday continued
• To be proclaimed at a later date