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HomeMy WebLinkAboutLGS-030-26Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: June 1, 2026 Report Number: LGS-030-26 Authored By: Submitted By: Reviewed By: Report Subject: Natalie King, Supervisor of Municipal Law Enforcement Rob Maciver, Deputy CAO/Solicitor, Legislative Services Mary-Anne Dempster, CAO Resolution #: Proposed Administrative Penalty System (APS) By-law Recommendations: 1.That Report LGS-030-26, and any related delegations or communication items, be received; 2.That the Administrative Penalty System By-law attached to Report LGS-030-26, as Attachment 1, be approved; and 3.That the amendment to the Municipality’s Traffic and Parking By-law 2014-059 attached to Report LGS-030-26, as Attachment 2, be approved; and 4.That all interested parties listed in Report LGS-030-26, be advised of Council’s decision. GG-107-26 Municipality of Clarington Page 2 Report LGS-030-26 Report Overview “”‑ ‑ ‑ 1. Background 1.1 With Council’s direction already in place, staff have prepared the APS By‑law required to establish the legislative authority for the Administrative Penalty System and allow the Municipality to proceed with implementation planning. 1.2 Council, by its endorsement of the recommendations in Report LGS-007-26, has already approved the steps to be taken to implement the APS. One of the key formal steps is to enact the APS By-law, which is the purpose of this Report. Council has already approved funding for the procurement of the system and the temporary Staff resources needed for implementation, and it was previously confirmed that the costs will be recovered through future revenues of the APS. Costs of the system therefore will result in no net budgetary increase for the Municipality. 2. Overview of Proposed APS By-law Application of By-law 2.1 The proposed APS By‑law establishes the legislative framework for the administration of administrative penalties for designated municipal offences. The By‑law authorizes the issuance of Penalty Notices, establishes review and appeal processes, and provides for the appointment of Screening and Hearing Officers, in accordance with applicable provincial legislation. 2.2 Schedule “A” of the proposed APS By‑law identifies the Designated By‑laws to which the APS applies. At this time, only the portions of the Traffic and Parking By‑law 2014‑059 related to parking are proposed for inclusion. 2.3 If additional by‑laws are incorporated into the APS in the future, amendments will be limited to updates to Schedule “A” to identify the applicable offences and corresponding short‑form wording required for Penalty Notices. Municipality of Clarington Page 3 Report LGS-030-26 2.4 Schedule “B” of the proposed APS By-law identifies the monetary amounts for the parking penalties. 2.5 The proposed amounts will no longer include a reduction for early payment but otherwise will mirror parking notice fees at the previously approved set fine levels. This approach simplifies the fee structure, improves transparency, and ensures consistency in enforcement. The proposed fees are intended to encourage compliance with parking regulations and promote turnover and availability of parking space s, while remaining reasonable and proportionate. The set fine amounts have been reviewed to ensure they function as an effective deterrent without being excessive. Traffic and Parking By-law 2014-059 Amendment 2.6 Implementation of APS requires an amendment to the existing Traffic and Parking By‑law to transition designated parking offences from enforcement under the Provincial Offences Act (POA) to administrative enforcement under the APS. 2.7 The proposed amendment designates specified parking‑related provisions of the Traffic and Parking By‑law as subject to the APS, in accordance with the Municipal Act, 2001 and Ontario Regulation 333/07. Once designated, these offences will no longer proceed through the POA court process and will instea d be addressed through the municipal administrative review framework. 2.8 The amendment also removes POA-related references within the Traffic By-law that are no longer applicable to designated parking offences, ensuring clarity and consistency in enforcement and adjudication. 2.9 This transition is administrative in nature and does not alter the substance of any parking regulations currently in force. Related Policies 2.10 In accordance with the Municipal Act requirements governing an APS, the Municipality must also adopt a series of policies, including an APS Conflict of Interest Policy, an APS Prevention of Political Interference Policy, and an APS Financial Hardship Policy. 2.11 The creation of these policies is in process and once finalized will be brought back to Council for final approval at a date to coincide with activation of the APS. 2.12 These policies will ensure the integrity, fairness, and independence of the Administrative Penalty System as an alternative to the POA court system. Municipality of Clarington Page 4 Report LGS-030-26 3. Public Information 3.1 Public communication efforts will be developed in coordination with Corporate Communications and timed to coincide with the operational launch of the Administrative Penalty System. 4. Next Steps 4.1 Once passed, the APS By-law will be forwarded to the Ministry of the Attorney General to take the next step towards implementation. The effective date of the by-laws attached to this Report will be determined by the Deputy CAO/Solicitor under authority delegated within the by-laws. The by-laws will take effect once all approvals have been granted, all resources are in place, and all technical components of the APS are ready for activation. 5. Financial Considerations 5.1 The financial considerations associated with the implementation of the Administrative Penalty System are outlined in Report LGS-007-26. 5.2 There are no net financial impacts associated with the Screening Officer and Hearing Officer positions required to support APS. All costs related to these roles will be fully funded through revenue generated by the APS program, as outlined in Report LGS- 007-26. The APS model is designed to achieve cost recovery through administrative penalties, ensuring that program-related staffing requirements do not create additional pressure on the municipal tax base. 6. Strategic Plan 6.1 The Strategic Plan relationship considerations associated with the implementation of the Administrative Penalty System are outlined in Report LGS-007-26. 7. Climate Change Not Applicable. 8. Concurrence Not applicable. Municipality of Clarington Page 5 Report LGS-030-26 9. Conclusion It is respectfully recommended that Council approve the Administrative Penalty System By‑law and the related amendment to the Traffic and Parking By‑law. Approval of these by‑laws establishes the necessary legislative framework to allow implementation of the APS, aligns with provincial legislation, reflects municipal best practices, and supports a more efficient, fair, and locally administered approach to parking enforcement. Staff Contact: Natalie King, Supervisor, Municipal Law Enforcement, nking@clarington.net. Attachments: Attachment 1 – Proposed Administrative Penalty System By-law Attachment 2 - Proposed Traffic and Parking By-law 2014-059 amendment Interested Parties: There are no interested parties to be notified of Council's decision. Attachment 1 to Report LGS-030-26 By-law YYYY-NNN Administrative Penalty By-law If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to implement an Administrative Penalty System. WHEREAS Section 434.2 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, allows a Municipality to establish a system of administrative penalties for the purpose of promoting compliance with its by-laws; AND WHEREAS Section 434.1 of the Municipal Act authorizes a municipality to 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; AND WHEREAS Section 102.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, and Ontario Regulation 333/07 authorize a municipality to require a person to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with any by-laws respecting the parking, standing or stopping of vehicles; AND WHEREAS Section 391 of the Municipal Act authorizes a municipality to pass by- laws imposing fees or charges on persons for services or activities provided or done by or on behalf of it; AND WHEREAS the Council for the Municipality of Clarington considers it desirable and necessary to provide for a system of administrative penalties and administ rative fees for the designated Municipal by-laws; Now therefore the Corporation of the Municipality of Clarington enacts as follows: 1. Definitions 1.1. For the purposes of this By-law, unless stated otherwise or the context requires a different meaning: “Administrative Fee” means any fee specified in this By-law and/or identified within the Municipality of Clarington User Fee By-law 2025-033 as amended. “Administrative Penalty” means an administrative penalty established by this By- law or any of its Schedules; “APS” means Administrative Penalty System; “By-law Penalty Notice” or “BPN” means a Penalty Notice, other than a Parking Penalty Notice, issued for a contravention of a Designated By-law for a contravention of an offence identified in a Schedule to this By-law; “Clerk” means the Municipality’s Municipal Clerk or any acting or Deputy Clerk, or their designate, appointed by Council to perform the duties of the Clerk described in Section 228 of the Municipal Act, 2001; “Council” means the Council of the Municipality of Clarington; “Day” means any calendar Day; “Designated By-law” means a by-law, or part of a by-law listed in Schedule “A”; “Dishonoured Payment Fee” means an Administrative Fee imposed under this By- law in respect of a charge incurred by the Municipality for payment by negotiable instrument or credit card, for which there are insufficient funds available in the account on which the instrument was drawn; “Division Head” means the Staff member who serves as the head of the Municipal Law Enforcement Division or any person delegated by them; “Final Notice Fee” means an Administrative Fee imposed under this By-law in respect of a Person’s failure to pay an Administrative Penalty within the prescribed time, and identified in the Municipality’s User Fee By-law; “Hearing” or “Hearing Review” means the reconsideration of a Screening Review; “Hearing Decision” means the outcome of a Hearing; “Hearing Non-Appearance Fee” means an Administrative Fee imposed under this By-law in respect of a Person’s failure to appear at the time and place scheduled for a review before a Hearing Officer; “Hearing Officer” means a Person appointed pursuant to this By-law to conduct Hearings; “Holiday” means a Saturday, Sunday, any statutory Holiday in the Province of Ontario or any Day the offices of the Municipality are officially closed for business; “Late Payment Fee” means an Administrative Fee imposed under this By-law in respect of a Person’s failure to pay an Administrative Penalty within the prescribed time, and identified in the Municipality’s User Fee By-law “MTO Fee” means an Administrative Fee imposed under this By-law in respect of any search of the records of, or any inquiry to, the Ontario Ministry of Transportation, or related authority; “Municipal Act” means the Ontario Municipal Act, 2001, S.O. 2001, c.25, as amended; “Municipality” means the Corporation of the Municipality of Clarington, or its geographical area; “Officer” means a Provincial Offences Officer of the Municipality or other Person whose duties include the enforcement of a Designated By-law, or, where applicable and the Municipality deems it appropriate: a) The appointment of Persons affiliated with private parking authorities, to enforce the Municipality of Clarington Traffic and Parking By-law, in accordance with the Municipality’s Delegation of Authority By-law 2024-042 as amended or its successor. “Parking Penalty Notice” or “PPN” means a Penalty Notice issued for a contravention of an offence identified in Schedule “B” of this By-law; “Penalty Notice” means a notice given to a Person pursuant to Section 4 of this By- law; “Person” includes an individual or a corporation, including an Owner; “Plate Denial Fee” means an Administrative Fee imposed under this By-law in respect of a Person’s failure to pay within the time prescribed prior to a request for plate denial; “Registered Mail Fee” means the actual cost incurred by the Municipality to send a required notice by registered mail or courier. “Regulation” means Ontario Regulation 333/07 under the Municipal Act; “Screening Review” means a review of an Administrative Penalty as imposed by a specific Penalty Notice; “Screening Decision” means the outcome of a Screening Review; “Screening Non-Appearance Fee” means an Administrative Fee imposed under this By-law and where applicable, in respect of a Person’s failure to appear at the time and place scheduled for a review before a Screening Officer; “Screening Officer” means a Person appointed pursuant to this By-law to conduct Screening Reviews. 2. Application 2.1. This By-law applies to: 2.2. All Property within the geographical boundaries of the Municipality, unless otherwise specified in this By-law. 2.3. Designated By-laws are listed in Schedule “A”. 2.4. For each Designated By-law, there is an additional Schedule setting out the applicable administrative penalties, including the short form wording to be used on Penalty Notices, for contraventions of the Designated By-law. 2.5. The amount of any Administrative Fees imposed for the purposes of this By-law shall be stipulated in the Municipality of Clarington User Fee By-law 2025-033 as amended, or its successor. 2.6. No Person that is required to pay an Administrative Penalty under this By-law in respect of a contravention of a Designated By-law shall be charged with an offence in respect of the same contravention under the Ontario Provincial Offences Act, R.S.O. 1990, c. P.33. 2.7. The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, does not apply to any part of a Designated By-law for which an Administrative Penalty has been established under this By-law. 3. Penalty Notice 3.1. Every Person who contravenes a provision of a Designated By-law shall, upon issuance of a Penalty Notice, be liable to pay the Municipality an Administrative Penalty in the amount specified in the applicable Schedule making up part of this By-law. 3.2. An Officer who has reason to believe that a Person has contravened any Designated By-law may issue a Penalty Notice as soon as reasonably practicable , but no later than 30 Days after the date of the offence. 3.3. A Penalty Notice shall include the following information, as applicable: a) the vehicle licence plate number or vehicle identification number; b) the offence date; c) a unique Penalty Notice information number; d) the date on which the Administrative Penalty is due and payable, or a statement that the Penalty Notice is due on the fifteenth (15th) Day; e) the badge number and signature of the issuing Officer; f) the short form wording describing the contravention as identified in the Schedules of this by-law or other particulars reasonably sufficient to indicate the contravention; g) the monetary amount of the Administrative Penalty payable; h) a description of the process by which a Person may request a Screening Review of the Administrative Penalty, and i) a statement advising that an unpaid Administrative Penalty, inclu ding any applicable Administrative Fee(s), will constitute a debt of the Person to the Municipality unless cancelled pursuant to Screening Review or Hearing process. 3.4. A PPN is deemed to have been served, a) Immediately, when an Officer affixes it to the vehicle in a conspicuous place at the time of the contravention; or b) Immediately, when an Officer delivers it personally to the Person having care and control of the vehicle, at the time of the contravention; or c) Five (5) Days following the mailing of a copy by registered mail or courier, to the Person to whom it is addressed. 3.5. A BPN is deemed to have been served, a) Immediately, when an Officer delivers it personally to the Person named on the Penalty Notice or to one of the people named on the Penalty Notice, if more than one Person is named on the Penalty Notice, or b) Five (5) Days following the mailing of a copy by registered mail or courier, to the Person’s address as shown in their identification provided to an Officer, or as recorded in the Municipality’s tax records, or licensing records, or land registry office, or within the records of the Ministry, or Corporate Profile, or c) Immediately, upon an Officer posting it at a conspicuous location at the property that is the subject of the Penalty Notice, or the address of the Person(s) named on the Penalty Notice as in their identification provided to an Officer, or as recorded in the Municipality’s tax records, or licensing records, or land registry office, or within the records of the Ministry, or Corporate Profile, or d) Immediately, upon an Officer hand delivering it to a Person who appeared over the age of sixteen (16) years at an address referred to in the preceding subsection 4.5 c). 3.6. A Person who is served with a Penalty Notice by registered mail or courier shall also pay the Municipality a Registered Mail Fee. 3.7. A Person who is served with a Penalty Notice and who does not pay the amount of the Administrative Penalty on or before the date on which the Administrative Notice is due and payable, shall also be responsible for a Late Payment Fee to the Municipality. Penalty Notices are due and payable fifteen (15) Days after service of the Penalty Notice. 3.8. A Person who is served with a Penalty Notice and has not paid the amount of the Administrative Penalty and Administrative Fee(s) within thirty-five (35) Days after the service of the Penalty Notice shall also pay a Final Notice Fee. 3.9. No Officer may accept payment of an Administrative Penalty or Administrative Fee. 4. Voluntary Payment of Penalty Notice 4.1. If an Administrative Penalty has been paid, the Penalty Notice shall not be subject to any further review. 4.2. An Administrative Penalty shall be deemed to have been paid when the amount together with all applicable Administrative Fees has been paid. 5. Review by Screening Officer 5.1. At any time on or before the date on which the Administrative Penalty is due and payable, a Person who has been issued a Penalty Notice may request a Screening Review, and such request will be processed in accordance with this By-law. 5.2. If a Person has not requested a Screening Review on or before the final payment due date, the Person may request that the Screening Officer extend the time to request a Screening, in accordance with the process set out in Section 6.4. 5.3. A Person’s right to request an extension of time for a Screening Review expires irrevocably if it has not been exercised, on or before thirty (30) Days after the date the Penalty Notice was served, at which time: a) The Person shall be deemed to have waived the right to request a Screening Review or request an extension of time for a Screening Review; b) The Administrative Penalty shall be deemed to be confirmed on the sixteenth (16th) Day following the Penalty Notice was served; and c) The Administrative Penalty shall not be subject to any further review, including a review by any Court. 5.4. A Person’s Request for Review by Screening Officer or request for an extension of time to request a Screening Review are exercised by: a) Completing and submitting the prescribed electronic online form to request a Screening Review or extension of time for a Screening Review; or b) Attending the Municipal Administrative Building in Person, during business hours, to book a Screening Review or apply for an extension of time to request a review, if unable to do so electronically. 5.5. A request for a review by the Screening Officer, or a request for an extension of time to request a screening, shall be made on the prescribed form and include all required information including the Penalty Notice Number, the Person’s contact information, and the reason(s) for the request. 5.6. A Screening Review shall only be conducted or scheduled, and an extension of time to request a Screening Review considered, where the request is made within the time limits prescribed in this By-law. 5.7. Where a request for an extension of time to schedule a Screening Review is submitted, the Screening Officer may only extend the time to request a Screening Review where the Person demonstrates, on a balance of probabilities, the existence of mitigating or extenuating circumstances that warrant the extension of time. 5.8. Where an extension of time is not granted by the Screening Officer, the Penalty Notice including any applicable Administrative Fees shall be confirmed. 5.9. A Screening Review shall be conducted via email by the Screening Officer or, where a Person is unable to do so electronically, an in-person screening may be scheduled, and the appointment details for the Screening Review will be communicated to the affected Person in accordance with Section 8. of this By-law. 5.10. Following a Screening Review, the Screening Officer may: a) affirm the Administrative Penalty; or b) cancel, reduce or extend the time for payment of the Administrative Penalty, including any Administrative Fees, where, in the opinion of the Screening Officer, the Person has identified on a balance of probabilities that: i. the Penalty Notice contains a material error; ii. the Person did not contravene a Designated By-law as set out in the Penalty Notice; or iii. the Penalty Notice was not served in accordance with this By- law; or iv. the cancellation, reduction or extension of time for payment of the Administrative Penalty, inclusive of any Administrative Fee(s), is necessary to relieve any financial hardship. 5.11. Where a notice of the scheduling of a time and place for a Screening Review has been served in accordance with Section 8, and a Person fails to attend at the time and place set out in such notice: a) the Person shall be deemed to have abandoned the request for review by the Screening Officer; b) the Administrative Penalty as set out in the Penalty Notice shall be deemed to be confirmed; c) the Administrative Penalty shall not be subject to any further review or extension of time to request a review, including a review by any Court; and, d) the Person shall pay to the Municipality a Screening Non-Appearance Fee, and any other applicable Administrative Fees. 5.12. After a Review by Screening Officer, the Screening Officer shall issue a Screening Decision to the Person, delivered in accordance with this By-law. 5.13. A Screening Officer has no authority to consider questions relating to the validity of a statute, regulation, or by-law or the constitutional applicability or operability of any statute, regulation or by-law. 6. Review by Hearing Officer 6.1. A Person may request a review of a Screening Decision by a Hearing Officer, or request an extension of time to request a review by a Hearing Officer, before the payment due date as indicated on the Screening Decision. 6.2. Where neither a Hearing Review nor an extension of time for a Hearing Review are requested in accordance with this By-law, or where the Person fails to request a Hearing Review within any extended period of time granted by the Hearing Officer: a) the Person shall be deemed to have waived the right to request a review by a Hearing Officer or extend the time to request a review of the Screening Decision by a Hearing Officer; b) the Screening Decision shall be deemed to be affirmed; and c) the Screening Decision shall not be subject to further review, including a review by any Court. 6.3. A request for review by a Hearing Officer shall only be scheduled if the Person makes the request within the time limits set out in this By-law. 6.4. A Hearing shall be conducted in-person, and the timetable for the Hearing will be communicated to the affected Person in accordance with this By-law. 6.5. If a Person fails to attend at the time and place scheduled for a Hearing, or fails to respond to a request for submissions in writing within the established deadline: a) the Person shall be deemed to have abandoned the request for a Hearing; b) the Administrative Penalty as set out in the Penalty Notice shall be final and not subject to any further review, including a review by any Court; and c) the Person shall be liable to pay to the Municipality a Hearing Non- Appearance Fee, MTO fee, and any other applicable Administrative Fees, in addition to the Administrative Penalty. 6.6. Following a Hearing, the Hearing Officer may: a) affirm the Administrative Penalty; or b) cancel, reduce or extend the time for payment of the Administrative Penalty, including any Administrative Fees, where, in the opinion of the Hearing Officer it would maintain the general intent and purpose of the Designated By-law, and one or more of the following circumstances pertain: i. the Penalty Notice contains a material error; ii. the elements of the offence in the Penalty Notice are disproven; iii. the Penalty Notice was not served in accordance with this By-law; or iv. the cancellation, reduction or extension of time for payment of the Administrative Penalty, inclusive of any Administrative Fee(s), is necessary to relieve any financial hardship 6.7. A Hearing Officer shall not render a decision on the review of a Screening Decision unless the Person has been provided an opportunity to be heard at the Hearing. The Hearing Officer may also receive information from the issuing Officer or from the Municipality 6.8. After a Hearing, the Hearing Officer shall issue a Hearing Decision to the Person, delivered in accordance with this By-law. 6.9. A Hearing Officer has no authority to consider questions relating to the validity of a statute, regulation, or by-law or the constitutional applicability or operability of any statute, regulation or by-law. 6.10. All Hearings shall be in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as amended. 6.11. The decision of a Hearing Officer is final. 7. Service of Administrative Documents 7.1. The service of any document, notice, appointment booking, decision, or other communication issued pursuant to this By-law, excluding the service of Penalty Notices as indicated in Section 4, shall be deemed effective when delivered by any of the following methods: a) immediately, when a copy is personally delivered to the Person; or b) on the fifth Day following the date it is sent by regular mail or courier to the Person's last known address; or c) immediately upon sending a copy by electronic mail (i.e. email) to the person's last known electronic mail address. 8. Appointment of Screening Officers and Hearing Officers 8.1. The positions of Screening Officer and Hearing Officer are established for the purpose of conducting Screening Reviews and Hearings, respectively, pursuant to this By-law. 8.2. The Deputy CAO or their appointee is delegated with authority to appoint Screening Officers and Hearing Officers. 8.3. No member of Council or their immediate family, nor any member of a Board or Committee of the Municipality is eligible for appointment as a Screening Officer or a Hearing Officer. 8.4. The following Persons are ineligible to be appointed as a Hearing Officer: a) Municipal employees; b) any Person that has represented a party in adverse interest to the Municipality; and c) any Person subject to bankruptcy proceedings. 8.5. No Person shall attempt, directly or indirectly, to communicate for the purpose of influencing a Screening Officer or a Hearing Officer respecting the determination of a matter in a proceeding that is or will be pending before such Officers, except the Person who has requested the Screening Review or Hearing, or that Person’s authorized agent. 9. Administration of By-law 9.1. The Deputy CAO or designate shall administer this By-law inclusive of any practices, policies, and procedures as well as all forms and notices, as may be required for the implementation and ongoing maintenance of this By-law. 9.2. Where a PPN has been issued for a contravention of a Designated By-law, and, along with any applicable Administrative Fees, are not paid prior to the final payment due date, the Municipality may: a) Notify the Registrar of Motor Vehicles of the default and the Registrar shall refuse to validate or issue a permit for the vehicle until the Administrative Penalty and all related Administrative Fees including a Plate Denial Fee, are paid; 9.3. Where a BPN has been issued for a contravention of a Designated By-law and remains unpaid, together with any applicable Administrative Fee(s), after the final payment due date, the Municipality may notify the tax department to collect the outstanding amount by adding it to the tax roll and collecting it in the same manner as municipal taxes, or may forward the amount owing to a collection agency. 9.4. Where a Person makes a payment to the Municipality for an Administrative Penalty and associated Administrative Fee(s), for which there are insufficient funds available in the account on which the instrument was drawn, the Person shall pay the Municipality a Dishonoured Payment Fee in accordance with the Municipality’s User Fee By-law. 9.5. A Person claiming financial hardship under this By-law shall provide documented proof of the financial hardship to the Screening Officer or the Hearing Officer, as applicable. 9.6. Where an Administrative Penalty is cancelled by a Screening Officer or a Hearing Officer, any related Administrative fee(s) shall also be cancelled. 10. Delegation 10.1. The Deputy CAO or their designate is authorized to approve all procedures, forms, licenses, permits, and other documents and to make such decisions and approvals, and to exercise such discretion on behalf of the Municipality as necessary to administer this By-law. 11. Severability 11.1. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Municipal Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. 12. Conflict 12.1. In the event of a conflict between any provision of this By-law and any other by- law of the Municipality of Clarington, the provision that is the most restrictive prevails. 13. Schedules 13.1. The following Schedules are attached to, and form an integral part of, this By - law: Schedule “A” – Designated By-laws Schedule “B” – Traffic and Parking By-law Administrative Penalty Amounts 14. Short Title 14.1. The by-law may be referred to as the Administrative Penalty By-law. 15. Effective Date 15.1. This By-law shall come into force and effect upon completion of all legislated requirements under the Municipal Act, 2001, S.O. 2001, c. 25, and its associated regulations respecting an Administrative Penalty System, and upon the designation of a commencement date by the Deputy CAO /Solicitor. Passed in Open Council this XX Day of MMMM, YYYY. _____________________________________ Name, Mayor _____________________________________ Name, Municipal Clerk By signing this by-law on XXXX XX, YYYY, Mayor FIRST LAST NAME will not exercise the power to veto this by-law and this by-law is deemed passed as of this date. Schedule “A” to By-law YYYY-NNN APS By-law Schedule “A” Designated By-law s The following By-laws are Designated for the purpose of imposing an Administrative Penalty: 1. Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 26, 28, 28.1, 29, 30, 31, 32, 33, 34, 35, 45, 46, and 50(b), of Municipality of Clarington Traffic and Parking By-law 2014-059. Schedule “B” to By-law YYYY-NNN APS By-law Schedule “B” Traffic and Parking By-law Administrative Penalty Amounts The following table identifies the short form wording, section, and Administrative Penalty amount for the designated portions of the Traffic and Parking By-law 2014-059. Short Form Wording Provision Creating or Defining Offence Proposed Administrative Penalty Amount Schedule “B” to By-law YYYY-NNN APS By-law Schedule “B” to By-law YYYY-NNN APS By-law Schedule “B” to By-law YYYY-NNN APS By-law Schedule “B” to By-law YYYY-NNN APS By-law Schedule “B” to By-law YYYY-NNN APS By-law Schedule “B” to By-law YYYY-NNN APS By-law Attachment 2 to Report LGS-030-26 By-law YYYY-NNN Short Title Page 1 of 3 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN Being a By-law to amend By-law 2014-059, a by-law to regulate traffic and parking on highways, private property and municipal property, within the Municipality of Clarington, by updating for the Administrative Penalty System (APS). Whereas the Municipal Act, 2001, S.O. 2001 as amended, and the Highway Traffic Act, R.S.O. 1990 as amended authorizes a Municipality to pass By-laws; and Whereas pursuant to Section 102.1 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that a Municipality may require a person to pay an administrative penalty for failing to comply with any by-laws respecting the parking, standing, or stopping of vehicles; And whereas, the Council of the Municipality of Clarington has enacted the Administrative Penalty System By-law, respecting parking, standing or stopping of vehicles, which must comply with O. Reg. 333/07, as amended, made pursuant to the Municipal Act, 2001. And Whereas the Council of the Municipality of Clarington considers it desirable and necessary to provide for a system of administrative penalties and administrative fees for certain by-laws or portions thereof. Attachment 2 to Report LGS-030-26 By-law YYYY-NNN Short Title Page 2 of 3 Now therefore the Corporation of the Municipality of Clarington enacts as follows: 1. That subsection 58 of By-law 2014-059 as amended, be deleted and replaced with the following: 58. Penalty Provision a) Every person who contravenes any of the provisions of this by-law, unless otherwise identified in this Section, is guilty of an offence and upon conviction, is liable to a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time to time, or any successor thereof. b) Sections 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 26, 28, 28.1, 29, 30, 31, 32, 33, 34, 35, 45, 46, and 50(b), of this By-law are hereby designated for the purposes of section 3 of O. Reg. 333/07 as parts of this by-law to which the Administrative Penalty By-law applies. Schedule “A” to By-law YYYY-NNN Page 3 of 3 Effective Date That This By-law shall come into force and effect upon completion of all legislated requirements under the Municipal Act, 2001, S.O. 2001, c. 25, and its associated regulations respecting an Administrative Penalty System, and upon the designation of a commencement date by the Deputy CAO/Solicitor. Passed in Open Council this XX day of MMMM, YYYY. _____________________________________ Name, Mayor _____________________________________ Name, Municipal Clerk By signing this by-law on XXXX XX, YYYY, Mayor FIRST LAST NAME will not exercise the power to veto this by-law and this by-law is deemed passed as of this date.