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

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Part XIV (Enforcement) repealed and re-enacted due to significant changes and additions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

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)

“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)

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

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

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?

Delegation of Authority

Licensing Tribunals Ottawa: Members

of Council Only Toronto: Private

Citizens Mississauga:

Appointed private citizens-August 2008

Decisions are final and binding

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

Residential Rental Licensing: City of

Oshawa Director can impose

Conditions Appeal Process $100 Neighbours have the

right to be heard Administrative

Penalty to promoteCompliance = $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

Administrative Penalties Parking: Toronto

Proposal By-law to establishadministrative penaltiesfor parking

Set Fines won’t apply

Penalty can’t bepunitive

Fines <=$100 See O. Reg. 611/06

for Toronto & 333/07 (for Ontario)

Administrative Penalties Parking: Toronto

Proposal1. 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

Differential Licensing Regulations: Ottawa

“One Size Does Not Fit All”

Refreshment StandsChip Wagons

Passed 2 by-laws Different rules,

different fees1. Suburban/Urban By-law2. Rural By-law

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)

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

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

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)

New Enforcement Powers: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)

Part XIV- Enforcement, Offences and Penalties:

A Review

Not too much activity here as yet

Kitchener has plans to develop new fines structure

Stay Tuned for updates…

Part XIV- Enforcement, Offences and Penalties:

Ontario’s Regulatory Modernization Agenda

An Overview of the Regulatory Compliance Modernization

Initiative and the Regulatory Modernization Act, 2006

Regulatory Modernization Act, 2007—Ministries

Involved:1. Labour2. Environment3. Natural Resources4. Transportation5. Agriculture, Food and

Rural Affairs6. Government Services7. Revenue8. Community Safety

and Correctional Services

9. Children and Youth Services

10. Municipal Affairs and Housing

11. Training, Colleges and Universities

12. Health and Long-Term Care

13. Northern Development and Mines

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

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

orcollette.forest@ontario.ca Senior

Project Manager, Ministry of Labour

Additional Agenda Issues for Municipal

Enforcement What Else is New?

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

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

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

MUNICIPAL LICENSING PROJECT TEAM 2007/08 WORKPLAN

**Conducted review ofproject 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

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

Project Team Mandate Review

Discussion highlighted the need towork together for the bettercoordination of advocacy,

networkingand training efforts

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

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

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

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MUNICIPAL MUNICIPAL LICENSING LICENSING ADMINISTRATIOADMINISTRATIONNA NEW TRAINING PROGRAM FOR A NEW TRAINING PROGRAM FOR

MUNICIPAL STAFF!MUNICIPAL STAFF!

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•A program focused on frontline Licensing Administrative Staff

•Two day intensive training

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The Training Outline includes…

•Legislative Review•By-Law

Interpretation•Whom to License –

and why

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Outline continued…

•How to issue licenses•Inspections and

Approvals Process•Suspending/

Revoking Licenses•Customer Service

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Starting in Spring 2009

Thank you!

Elaine Buckstein, LL.B, CMODirector of EnforcementCity of Mississauga905-615-3200 e.4194elaine.buckstein@mississauga.ca

Susan Jones, CMODirector of By-law ServicesCity of Ottawa613-580-2424 e.25536susan.jones@ottawa.ca

Co-Chairs, Municipal Law Enforcement Team, AMCTO