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• Part XIV (Enforcement) repealed and re-enacted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

1. Appoint Screening Officers and Hearing Officers
   to hear disputes
2. Officers do not need to testify
3. Will minimize court time (higher fines only)
4. 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

1. Labour
2. Environment
3. Natural Resources
4. Transportation
5. Agriculture, Food and Rural Affairs
6. Government Services
7. Revenue
8. Community Safety and Correctional Services

1. Children and Youth Services
2. Municipal Affairs and Housing
3. Training, Colleges and Universities
4. Health and Long-Term Care
5. 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