BYLAW - Screening and Hearing Officer Bylaw (AMPS) - 20220920 - 645122The Corporation of the Town of Aurora
By-law Number 6451-22
Being a By-law to establish the positions of screening and hearing officers
for the purposes of administration of an administrative monetary penalty
system within the Town of Aurora.
Whereas Sections 102.1 and 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the “Municipal Act, 2001”) and O. Reg. 333/07, as amended, authorize
municipalities to establish an administrative monetary penalty system requiring a
person to pay an administrative penalty for a contravention of any designated by-law;
And whereas Section 15.4.1 of the Building Code Act, 1992, S.O. 1992, c. 23 (the
“Building Code Act, 1992”) authorizes municipalities to require a person, subject to such
conditions as a municipality considers appropriate, to pay an administrative penalty if
the municipality is satisfied that the person has failed to comply with the municipal
property standards by-law, or an order pursuant to such by-law;
And whereas the Town has passed the Administrative Penalty By-law;
And whereas in accordance with the aforesaid Administrative Penalty By-law and
applicable legislation, a person who receives a penalty notice shall have the right to
request a screening review of the administrative penalty by a screening officer
appointed by the Town;
And whereas in accordance with the aforesaid Administrative Penalty By-law and
applicable legislation, a person who receives a screening decision shall have the right to
request a review of the decision by a hearing officer appointed by the Town;
And whereas the Town considers it desirable and necessary to establish the positions
of screening officer and hearing officer, which are required for the operation of the
Town’s Administrative Penalty By-law;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Title
1.1 This by-law shall be known and cited as the “Screening and Hearing Officer By-
law”.
2. Definitions
2.1 For the purposes of this by-law:
(a) “Administrative Penalty” means an administrative penalty imposed for a
contravention of a Designated By-law, as set out in the Administrative
Penalty By-law;
(b) “Administrative Penalty By-law” means the Administrative Penalty By-law
of the Town, as amended from time to time, or any successor thereof;
(c) ”CAO” means the chief administrative officer of the Town, as appointed
pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, or his/her designate;
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(d) “Clerk” means the Clerk of the Town as appointed pursuant to the
Municipal Act, 2001, S.O. 2001, c. 25, or his/her designate;
(e) “Council” means the Council of the Town;
(f) “Designated By-law” means any provision of a Town by-law to which the
Administrative Penalty By-law applies, as designated therein;
(g) “Director“ means the department head responsible for the Bylaw Services
division of the Town, or his/her designate or successor;
(h) “Hearing Officer” means any person appointed from time to time pursuant
to this by-law to perform the functions of a hearing officer in accordance
with this by-law and the Administrative Penalty By-law;
(i) “Parent” means a person who has demonstrated a settled intention to
treat a child as a member of her or his family whether or not that person is
the natural parent of the child;
(j) “Person” includes an individual or a corporation;
(k) “Policy for Appointment of Screening and Hearing Officers” means the
policy of the Town for the appointment of screening and hearing officers,
as amended from time to time, or any successor thereof;
(l) “Power of Decision” means a power or right, conferred by or under this by-
law and the Administrative Penalty By-law, to make a decision determining
or prescribing the legal rights, powers, privileges, immunities, duties or
liabilities of any Person:
(i) in the case of a Screening Officer, in respect of a request to review
an Administrative Penalty; and
(ii) in the case of a Hearing Officer, in respect of a review of a
Screening Decision;
(m) “Regulation” means O. Reg. 333/07, made under the Municipal Act, 2001,
as amended from time to time, or any successor thereof;
(n) “Relative” includes any of the following persons:
(i) spouse, common-law partner, or any person with whom the person
is living as a spouse outside of marriage;
(ii) Parent or legal guardian;
(iii) child, including a stepchild and grandchild;
(iv) siblings and children of siblings;
(v) aunt, uncle, niece and nephew;
(vi) in-laws, including mother, father, sister, brother, daughter and son;
or
(vii) any person who lives with the person on a permanent basis
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(o) “Screening Decision” means a notice which contains the decision of a
Screening Officer, as set out in the Administrative Penalty By-law;
(p) “Screening Officer” means any person appointed from time to time
pursuant to this by-law, to perform the functions of a screening officer in
accordance with this by-law and the Administrative Penalty By-law;
(q) “Spouse” means a person to whom the person is married or with whom
the person is living in a conjugal relationship outside marriage; and
(r) “Town” means The Corporation of the Town of Aurora.
3. Screening Officer
3.1 The position of Screening Officer is established for the purpose of exercising the
Power of Decision in the review of an Administrative Penalty by a Screening
Officer, as set out in the Administrative Procedural By-law.
3.2 The Screening Officer shall have all the powers of a Screening Officer as set out
in the Administrative Penalty By-law and, with respect to any matters subject to a
by-law designated under Section 102.1 of the Municipal Act, 2001, the Regulation.
3.3 Screening Officer(s) shall be appointed by the Clerk, in accordance with the
Policy for Appointment of Screening and Hearing Officers.
4. Hearing Officer
4.1 The position of Hearing Officer is established for the purpose of exercising the
Power of Decision in a review of a Screening Decision, as set out in the
Administrative Penalty By-law.
4.2 The Hearing Officer shall have all the powers of a Hearing Officer as set out in
the Administrative Penalty By-law and, with respect to any matters subject to a
by-law designated under Section 102.1 of the Municipal Act, 2001, the Regulation.
4.3 Hearing Officer(s) shall be appointed by the Clerk, in accordance with the Policy
for Appointment of Screening and Hearing Officers. In the selection of Hearing
Officer(s) for appointment, preference shall be given to eligible candidates:
(a) with good knowledge of, and experience in, administrative law; and
(b) of good character.
4.4 Hearing Officers shall be appointed for the term of Council, and thereafter until
the Hearing Officer is reappointed or a successor is appointed pursuant to this
by-law or is no longer required by the Town.
4.5 Notwithstanding Subsection 4.4, the Clerk may revoke the appointment of a
Hearing Officer at any time, if the Hearing Officer:
(a) is found to have contravened any applicable Town policy relating to the
administration of the Administrative Penalty system;
(b) is found to have contravened any other requirement of the appointment; or
(c) at any time during the appointment becomes ineligible for appointment.
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4.6 A Hearing Officer shall be remunerated at a rate as established by the Clerk from
time to time.
4.7 A Hearing Officer is deemed not to be an employee of the Town.
5. Eligibility
5.1 The following persons are not eligible for appointment as a Screening Officer or a
Hearing Officer:
(a) a member of Council;
(b) a Relative of a member of Council;
(c) a person indebted to the Town, other than:
(i) in respect of current property taxes; or
(ii) pursuant to an agreement with the Town, where the person is in
compliance with the terms thereof.
5.2 In addition to the above, Town employees are not eligible for appointment as a
Hearing Officer.
6. General
6.1 A Screening Officer or a Hearing Officer shall have no authority to further
delegate his/her powers or duties.
6.2 Neither a Screening Officer nor a Hearing Officer has jurisdiction 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.
6.3 The Director shall administer this by-law and is delegated the power to prescribe
all forms, notices, guidelines, practices, processes and procedures, necessary to
implement this by-law and the administrative penalty system, and to amend the
same from time to time as the Director deems necessary.
6.4 The CAO is delegated the power to establish and implement any policies
necessary to implement this by-law and the administrative penalty system,
including without limitation the Policy for Appointment of Screening and Hearing
Officers, and may amend the same from time to time, as the CAO deems
necessary.
6.5 The Clerk is delegated the power to appoint, suspend the appointment of and
revoke appointments of any Screening Officer and Hearing Officer, in accordance
with the Policy for Appointment of Screening and Hearing Officers, and any other
applicable policies, by-laws and legislation.
6.6 For the purposes of Subsection 23.2(4) of the Municipal Act, 2001, Council has
determined that any powers delegated pursuant to this by-law are minor in
nature.
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7. Interpretation
7.1 Unless otherwise specified, references in this by-law to parts, sections,
subsections, clauses and schedules are references to parts, sections,
subsections clauses, and schedules in this by-law.
7.2 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to
be interpreted without reference to such headings.
7.3 References in this by-law to any statute or statutory provisions include
references to that statute or statutory provision as it may from time to time be
amended, extended, or re-enacted.
7.4 This by-law shall be read with all changes in gender or number as the context
requires.
7.5 References in this by-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
7.6 The words "include", "includes", "including" are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
7.7 Should any provision, or any part of a provision, of this by-law, be declared invalid,
or to be of no force and effect, by a court of competent jurisdiction, it is the intent
of Council that such a provision, or part of a provision, be severed from this by-
law and every other provision of this by-law shall be applied and enforced in
accordance with its terms to the extent possible according to law.
8. Effective Date
8.1 This by-law shall come into effect on February 1, 2023.
Enacted by Town of Aurora Council this 2Oth day of September, 2022.
C/
Michael de Rond, Town Clerk