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HomeMy WebLinkAboutCD-16-94~ V,,. THE CORPORATION OF THE MUNICIPALTTY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #~~ • 574 M ~ Date: Monday, May 2, 1994 Res. # GPA -,~c7~--9~ By-Law # Report#: ['n-16_44 File#: Subject: IMPLEMENTATION OF BILL 47 - PARKING ENFORCEMENT Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-16-94 be received; 2. THAT the Committee recommend to Council that a resolution be passed to implement the provisions of Bill 47 as required upon the Proclamation Date or as soon as practicable; 3. That the Municipality establish a First Attendance Parking Tag Facility; 4. That the Municipal Law Enforcement Officers be designated pursuant to Section 20 (1) of the Act as being responsible for administering the First Attendance Parking Tag Facility; 5. That the Ministry of the Attorney General's office be advised of Council's actions and be requested to designate the Municipality under Regulation On December 14, 1993, Bill 47, "An Act to amend certain Acts in respect of the Administration of Justice" received Royal Assent. This Act amends the Provincial Offenses Act as it relates to Part I Certificates of Offence and Part II Parking Tickets. The anticipated Proclamation date for the Act is July 1, 1994. Upon Proclamation the current system for handling Parking Tickets will cease to exist and a new system with entirely new paperwork will have to be implemented. Report CD-16-94 -2- May 2, 1994 The new Act is intended to decrease court backlog by ensuring trials deal only with real issues of dispute. This decrease in court time will result in improved trial availability for more serious matters. The municipalities should benefit by reducing. the matters brought before the Court and the number of issues which will be in dispute at the time of trial. The Ministry has stated that the municipalities should see an increase in revenue through reduction in court time for the officers, earlier and increased prepayment of fines and the elimination of in-absentia hearings. On April 14 & 15, 1994, staff attended a training seminar at the Ontario Police College. The seminar was conducted by the Ministry of the Attorney General and was intended to familiarize municipalities. with the requirements of Bill 47. COMI48NTS As previously stated the Act is intended to shift the responsibility for parking matters from the courts to the municipalities. The representatives from the Ministry stated that they believe the courts and the province will be completely removed from parking matters within five years. In 1993, the province passed Bill 25. Municipalities were given the option of taking over control of the collection of fines and enforcement of licence plate denial for unpaid fines. Bill 47 is the next logical step. It allows the municipality to become more involved in the actual court process. The province is slowly and systematically withdrawing from involvement in parking offenses. The municipality has the option to opt in or out of some of the provisions of Bill 47, however as of July 1st, 1994 all our current Parking Tickets and related documents will no longer be valid. The tickets and documents for a municipality which opts out will not be the same as those for a municipality which opts in. The municipality could choose to opt out at this time and prepare all its paperwork accordingly only to find itself forced into opting in within the next year. If that occurs staff would again, have to scrap all our tickets and documents and print new ones in the prescribed forms for opted in municipalities. Given the Ministry's stated goal of removing itself entirely from parking and turning it over to the local municipalities, staff believe we must use this window of opportunity and agree to take part in Bill 47. By opting in now the municipality will be saved the cost of changing documents a third time and the system will be spared the additional unnecessary disruption of converting from opted out to opted in. ~- Report CD-16-94 -3- May 2, 1994 If the municipality chooses to opt in it must notify the Ministry of the Attorney General of its decision by May 15, 1994 in order to ensure that the necessary Regulations can be passed to Designate the municipality and .appoint the people to run the Parking Tag Facility before the Act is Proclaimed as law on July 1, 1994. If this is not done in time, the municipality will have to either cease issuing parking tickets until such time as the Regulations in Council are made, or issue tickets and operate as a non designated (opted out) municipality until the Regulations are made. MAJOR CHANGES TO THE ACT As of the Proclamation date it will no longer be possible for a person to merely plead not guilty by signing the back of the Parking Ticket and requesting a trial. This is often done as a delaying tactic. The Defendant signs the ticket pleading not guilty knowing he has gained an extra four to six months before the fine is due. Many such Defendants have no intention of ever appearing for the trial. In the Designated municipalities if the Defendant wishes to dispute the ticket he must appear in person at the Municipal Administrative Centre. At that time he will have to speak to one of the persons designated to operate the First Attendance Parking Tag Facility to discuss the ticket. As a result of the discussion the ticket can be paid, withdrawn or a trial may be requested if the matter cannot be resolved. At that time the Defendant fills out a Notice of Intention to Appear in court and a court date will be set. If the Defendant fails to appear on the court date the Justice of the Peace will examine the ticket, if it is correct and regular on its face he will register a conviction in the amount shown on the ticket. This avoids the practice of Justices reducing the fine amount. Defendants who live outside of the municipality can be handled differently. Metro Toronto has implemented a system whereby persons living more than 100 km from the city can phone in to speak to the Designated person. If the matter is not resolved, a Notice of Intention to Appear is mailed to them. It must then be returned within 21 days, or the ticket proceeds in the same manner as if there had been no initial contact. Staff believe this offers non-residents a fair and reasonable access to the system. t ~. Report CD-16-94 -4- May 2, 1994 The person or persons designated to conduct the Parking Tag Facility may be any member of staff with sufficient knowledge of, or experience in enforcement. In order to avoid the appearance of bias, it should not be one of the issuing officers. The Act provides for the appointment of "a person or class of persons". Staff are therefore suggesting the two Municipal Law Enforcement Officers be designated. Staff will design a set of policies and procedures for the Facility. CONCLIISION The municipality will be required to change its tickets, forms and procedures for parking on July 1, 1994. The issue now is whether or not to opt in and be designated by Regulation, or wait until such time as we are required to be designated. The first option means that everything will change only once rather than twice under the second option. Staff recommend that the General Purpose and Administration Committee recommend to Council that a Resolution be passed to implement the provisions of Bill 47 as required upon the Proclamation Date. This resolution will include the establishment of a First Attendance Parking Tag Facility and the designation of the Municipal Law Enforcement Officers under subsection 20(1)(1)(e.l) of the Act on the Proclamation Date. Reviewed by Bill Stockwell Chief Administrative Officer LC*PB*KM Respectfully submitted