Collingwood councillors are considering a switch the way bylaw officers issue fines to a method, staff say, will free up court time and provide a better return.
A staff report headed to council's committee of the whole meeting on Sept. 25, proposes the town adopt an administrative monetary penalty system for bylaw enforcement fines to replace the current system that uses a process governed by the Provincial Offences Act.
The main difference between the two, says the staff report, is that the current system is contested through the provincial court system, whereas an administrative monetary penalty appeal would be handled in-house.
If a bylaw enforcement officer issued a ticket today – for anything from a parking infraction to a noise violation – it would be in the form of a provincial offence notice. The person who receives the ticket can pay it or contest it. If they contest it, the matter goes to the provincial courts for adjudication by a Justice of the Peace. This means the bylaw officer likely has to appear in court. The town could also incur a cost for representation in the court case.
Court time for dealing with provincial offence notices is limited and there's a significant backlog, states the Collingwood staff report.
A system that uses administrative monetary penalties would be supported through town bylaws, and would be contested through an in-house process instead of at the courts. Officers would issue a penalty notice, which can be paid, or contested to a screening officer. The next step would be an appeal to a hearings officer, which would be an independent third party.
The staff report proposes using the town's existing staff in the screening officer role and suggested the town's provincial offence prosecutor could be the hearings officer. The whole appeal process should take about an hour.
"This system has been proven effective in several other municipalities and offers improved response to disputes and enhanced customer service," states the staff report. Additionally, it lightens the burden on a backlogged Ontario court system.
The Town of the Blue Mountains uses an administrative monetary penalty system for some of its bylaw enforcement, as does Newmarket, Vaughan, Markham, Hamilton, Oakville, Kitchener and Waterloo to name a few.
An administrative monetary penalty approach also offers municipalities the chance to add unpaid tickets to tax bills, and to mail a ticket when it isn't possible, or safe, to hand the ticket to the person in contravention of the town's bylaws.
If council is interested in switching to an administrative monetary penalty system, staff suggests rolling it out first for the town's property standards, animal control and noise bylaws by about the third quarter of 2024. Before that, staff will have to prepare, for council's approval, the bylaws required to implement administrative monetary penalties and sort out the screening and hearing officer roles. The estimated cost for the launch of the new penalty system is about $7,500 to $12,500.
Provided those steps are successful, staff said other town bylaws such as the parking and licensing bylaws could be included in the penalty program. Eventually, the system would require a bylaw coordinator, who would keep the administrative side of the town's penalty system going and could also work on new bylaws and enforcement initiatives.
The administrative monetary penalty system will be up for discussion as part of the committee of the whole agenda for Collingwood council on Sept. 25. The meeting starts at 2 p.m. in the town hall council chambers, and will be live-streamed to council's YouTube channel.
