New Municipal Act Bill 130:

1
New Municipal Act (Bill 130)

• Whos Doing What Differently?
• Ontario Association of Property Standards
  Officers,
• Regional Workshop, Town of Caledon, Ontario
• October 24, 2008

2
Whats New? A Review

• Authority to licence now either in broad power
  (single tiers) or spheres (two tiered) see
  sections 10, 11
• Specific powers under Part IV-Licensing (replaces
  previous Part IV) (see sections 150-165)
• Part XIV (Enforcement) repealed and re-enacted
  due to significant changes and additions
• Fees now set under general Fees and Charges see
  Part XII, section 391

3
What Else is New? A Review

• Sections 10(2) and 11(2) provide examples of
  by-laws under the broad authority power, for
  example
• the economic, social and environmental well-being
  of the municipality
• health, safety and well-being of persons
• services and things a municipality is authorized
  to provide under its governance structure
• protection of persons and property, including
  consumer protection section 10 (2), 11(2)

4
Think Outside the Box! A Review

• These are B-R-O-A-D powers!
• formerly needed to define a public nuisance and
  declare it so now can prohibit or regulate an
  irritating situation even before it becomes a
  problem
• prohibiting or regulating the carrying and sale
  of guns or knives may be possible for creating
  safe neighbourhoods and schools
• note consumer protection is a stand-alone power
• banning plastic bags (see San Francisco USA, Leaf
  Rapids, MAN-proposed, Vancouver, BC- under
  consideration-June 2008)

5
Whats New? A Review

• Part IV Licences
• section 151(5) system of licences
• definition of business licensing by-law and
  licence and system of fines
• administrative suspension of licences
• administrative penalties
• licensing system for rental residential units

6
Expanded Municipal Powers A Review

• Delegation of Power

• Council may delegate its quasi-judicial or
  legislative powers to
• another body of prescribed membership
• one or more Council members or a committee of
  Council or
• to an officer, employee or agent of the
  municipality for issues of a minor nature, e.g.
  the power to issue and impose conditions on a
  licence See section 23.2

7
Be Careful What You Ask For!!

• With the revision of the new Municipal Act,
  what have municipalities done to take advantage
  of these broad powers?

8
Delegation of Authority

• Licensing Tribunals
• Ottawa Members of Council Only
• Toronto Private Citizens
• Mississauga Appointed private citizens-August
  2008
• Decisions are final and binding

9
Residential Rental Licensing City of Oshawa

• Regulating a specific area near a university
  all rental units
• Regulates landlords
• Puts conditions on the license
• Limits bedroom s
• Requires insurance and maintenance plan

10
Residential Rental Licensing City of Oshawa

• Director can impose
• Conditions
• Appeal Process 100
• Neighbours have the
• right to be heard
• Administrative
• Penalty to promote
• Compliance 250
• see By-law 20-2008

• Hearings Officer can cancel, reduce or extend
  time to pay
• No fee for a hearing
• 100 fee for no shows

11
Administrative Penalties Parking Toronto Proposal

• By-law to establish
• administrative penalties
• for parking
• Set Fines wont apply
• Penalty cant be
• punitive
• Fines lt100
• See O. Reg. 611/06 for Toronto 333/07 (for
  Ontario)

12
Administrative Penalties Parking Toronto Proposal

• Appoint Screening Officers and Hearing Officers
  to hear disputes
• Officers do not need to testify
• Will minimize court time (higher fines only)
• Cities must do a business case to identify
  benefits

13
Differential Licensing Regulations Ottawa

• One Size Does
• Not Fit All
• Refreshment Stands
• Chip Wagons
• Passed 2 by-laws
• Different rules, different fees
• 1. Suburban/Urban By-law
• 2. Rural By-law

14
Other Examples

• Staff member may become decision-maker on fence
  exemption, noise exemption, appointment of by-law
  officers (Mississauga)
• Set conditions of a minor nature on a licence
  noise conditions for restaurants/bars
  (Mississauga)
• taxi driver licence to report with a drivers
  abstract every 6 months, Rooming House operator
  to cut grass, keep property clean (Ottawa)

15
Other Examples

• Council committee (council and/or appointees) to
  hear licensing appeals
• Staff can be appointed to hear appeals on dog
  muzzle orders
• Hearings Officer appointed from residents or by
  RFP process good character knowledge
  experience in administrative law-Oshawa

16
Other Examples

• Could regulate rentals in specific problem
  neighbourhoods (e.g. student housing?) Oshawa
  By-law 20-2008 and Mississauga under review for
  2009 (see O. Reg. 583/06)
• establish an administrative penalty as a
  financial disincentive that encourages absentee
  landlords to comply
• penalty should be based on cost recovery for
  special enforcement

17
New Enforcement PowersA Review

• Part XIV Enforcement Offences and Penalties
• system of fines section 429
• administrative power of entry section 436
• orders for administrative inspections section
  438
• search warrant section 439
• order to discontinue, order to correct (by-law
  contraventions) sections 444, 445
• ability to differentiate section 8(4)

18
Part XIV- Enforcement, Offences and Penalties A
Review

• Authority to Establish Fines
• previously set out in specific legislation or POA
  applied, with general maximum of 5,000 now
  authorized to set level of fines for by-law
  offences under any Act (unless a specific Act
  other than POA establishes a system of fines)
• generally, a minimum regular fine cannot exceed
  500 and a maximum cannot exceed 100,000
• fines for continuing offencessubject to a
  separate fine or each day or part of a day the
  offence continues (eg noise by-law continuing
  fine for each hour the contravention continues)

19
Part XIV- Enforcement, Offences and Penalties

• Not too much activity here as yet
• Kitchener has plans to develop new fines
  structure
• Stay Tuned for updates

20
Ontarios Regulatory Modernization Agenda
An Overview of the Regulatory Compliance
Modernization Initiative and the Regulatory
Modernization Act, 2006
21
Regulatory Modernization Act, 2007Ministries
Involved

• Labour
• Environment
• Natural Resources
• Transportation
• Agriculture, Food and Rural Affairs
• Government Services
• Revenue
• Community Safety and Correctional Services

• Children and Youth Services
• Municipal Affairs and Housing
• Training, Colleges and Universities
• Health and Long-Term Care
• Northern Development and Mines

22
Regulatory Modernization Act, 2007

• Assist the regulated business communities to meet
  the compliance obligations
• reduce duplication in compliance activities to
  minimize the administrative burden (i.e.
  information collection)
• Strengthens capabilities for collection, use and
  disclosure of compliance information among
  programs, ministries, agencies and other entities
  which administer and enforce legislation

23
Regulatory Modernization Act, 2007

• For further information on the Strategies and
  status of the proposed regulations
• walter.chan2_at_ontario.ca
• Project Director, Inspections, Investigations
  and Enforcement Secretariat
• or
• collette.forest_at_ontario.ca Senior Project
  Manager, Ministry of Labour

24
Additional Agenda Issues for Municipal
Enforcement
What Else is New?
25
AMCTO Municipal Licensing Project Team

• Established in 2002
• Identify and make recommendations arising from
  new Municipal Act and other regulations
• Develop/recommend examples of policies,procedures,
  by-law and other tools to assist municipal sector
  
• Promote consistent licensing regulatory practices
  across Ontario
• Recommend training needs and opportunities

26
MUNICIPAL LICENSING PROJECT TEAM 2007/08 WORKPLAN

• Bill 130 Implementation Examples
• Administrative Penalties (including parking)
• Delegation of Council Powers
• System of Fines
• Inspection Powers
• Licensing of Rental Residential Units

27
MUNICIPAL LICENSING PROJECT TEAM 2007/08 WORKPLAN

• Privacy Guidelines for Licensing By-laws
• DOLA Training
• AODA Transportation Standards
• Monitored Ongoing Issues
• JP Shortages
• Liquor Licensing Amendments
• Ontario Municipal Benchmarking Initiatives (OMBI)
• AMCTO Samples and Examples website development

28
MUNICIPAL LICENSING PROJECT TEAM 2007/08 WORKPLAN

• Conducted review of
• project team mandate
• Talent Management
• 20-40 turn over in 5-10 yrs
• Training Needs
• Current scope of work too narrow
• Recommended the establishment of a new team

29
Project Team Mandate Review

• With Bill 130 initiatives well underway, team
  recommended new work plan
• February Co-chairs met and talked with
  Presidents of MLEOA, OAPSO , PAO and AMCTO
• Consensus in the value to bring reps from each
  association to form a Municipal Law Enforcement
  Project Team under the AMCTO Umbrella
• All Boards Endorsed Moving Forward

30
Project Team Mandate Review

• Discussion highlighted the need to
• work together for the better
• coordination of advocacy, networking
• and training efforts

31
Municipal Law Enforcement Project Team (2008-2010)

• Municipalities Representatives
• Jim Barry, Town of Oakville
• Ron Bourret, City of Thunder Bay
• Elaine Buckstein, City of Mississauga
• Mark Dimuantes, City of Toronto
• Patricia Harris, City of Kitchener
• Susan Jones, City of Ottawa
• Ann Kalinowski, City of Windsor

32
Municipal Law Enforcement Project Team (2008-2010)

• Amos Latta, City of Timmons
• Angela Morgan, City of Burlington
• David Potts, City of Oshawa
• MLEOA Representatives
• Randy Berg, Town of Niagara-on-the-Lake
• Brenda Russell, City of Barrie

33
Municipal Law Enforcement Project Team (2008-2010)

• OAPSO Representatives
• Len Creamer, Municipality of Clarington
• Shayne Turner, City of Kitchener
• PAO Representative
• Doug Meehan, City of Mississauga

34
MUNICIPAL LICENSING ADMINISTRATION

• A NEW TRAINING PROGRAM FOR
• MUNICIPAL STAFF!

35

• A program focused on frontline Licensing
  Administrative Staff
• Two day intensive training

36
The Training Outline includes

• Legislative Review
• By-Law Interpretation
• Whom to License and why

37
Outline continued

• How to issue licenses
• Inspections and Approvals Process
• Suspending/Revoking Licenses
• Customer Service

38
Starting in Spring 2009
39
Thank you!

• Elaine Buckstein, LL.B, CMO
• Director of Enforcement
• City of Mississauga
• 905-615-3200 e.4194
• elaine.buckstein_at_mississauga.ca

Susan Jones, CMO Director of By-law Services City
of Ottawa 613-580-2424 e.25536 susan.jones_at_ottawa.
ca
Co-Chairs, Municipal Law Enforcement Team, AMCTO