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New Municipal Act (Bill 130):

New Municipal Act (Bill 130):. Who’s Doing What Differently? Ontario Association of Property Standards Officers, Regional Workshop, Town of Caledon, Ontario October 24, 2008. What’s New ? : A Review.

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New Municipal Act (Bill 130):

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  1. New Municipal Act (Bill 130): Who’s Doing What Differently? Ontario Association of Property Standards Officers, Regional Workshop, Town of Caledon, Ontario October 24, 2008

  2. What’s 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• Specific powers under Part IV-Licensing (replaces previous Part IV) (see sections 150-165) • Part XIV (Enforcement) repealed and re-enacted due to significant changes and additions • Fees now set under general Fees and Charges see Part XII, section 391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. What’s 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 licenceSee 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 ofOshawa • 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. 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 Residential Rental Licensing: City ofOshawa

  11. Administrative Penalties Parking: Toronto Proposal • By-law to establish administrative penalties for parking • Set Fines won’t apply • Penalty can’t be punitive • Fines <=$100 • 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 driver’s 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 Powers:A 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 offences—subject 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. Ontario’s Regulatory Modernization Agenda An Overview of the Regulatory Compliance Modernization Initiative and the Regulatory Modernization Act, 2006

  21. 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 Regulatory Modernization Act, 2007—MinistriesInvolved:

  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@ontario.ca Project Director, Inspections, Investigations and Enforcement Secretariat or collette.forest@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 2007/08WORKPLAN **Conducted reviewof 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. Elaine Buckstein, LL.B, CMO Director of Enforcement City of Mississauga 905-615-3200 e.4194 elaine.buckstein@mississauga.ca Thank you! Susan Jones, CMO Director of By-law Services City of Ottawa 613-580-2424 e.25536 susan.jones@ottawa.ca Co-Chairs, Municipal Law Enforcement Team, AMCTO

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