Agenda - Property Standards Committee - 20190808Public Release
August 1, 2019
Town of Aurora
Property Standards Committee
Appeal Hearing Agenda
Thursday, August 8, 2019
5:45 p.m., Council Chambers
1. Call to Order
2. Election of Committee Chair
3. Adoption of Committee Rules of Practice and Procedure
1. Memorandum from Associate Solicitor
Re: Property Standard Committee Rules of Practice and Procedure
Recommended:
1. That the memorandum regarding Property Standards Committee Rules of
Practice and Procedure be received for information; and
2. That the Rules of Practice and Procedure attached to this memorandum
are adopted.
4. Declarations of Interest
5. Appeals for Consideration
1. 45 Aurora Heights Drive – Orders to Comply CE20190899
(a) Presentation of Evidence – Town’s Case Presenter
(b) Presentation of Evidence – Appellant
(c) Committee Recall of Witnesses (if required)
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(d) Closing Statement – Town’s Case Presenter
(e) Closing Statement – Appellant
(f) Recess and Deliberations
(g) Committee’s Decision
6. Adjournment
Memorandum
Date: August 8, 2019
To: Property Standards Committee
From: Slawomir Szlapczynski, Associate Solicitor
Re: Property Standards Committee Rules of Practice and Procedure
Recommendation
1.That the memorandum regarding Property Standards Committee Rules of
Practice and Procedure be received for information; and
2.That the Rules of Practice and Procedure attached to this memorandum are
adopted.
Background
The Town of Aurora is currently in the process of scheduling Property Standards Committee
Appeal Hearings regarding Notices of Appeal that have been received.
The Terms of Reference for the Property Standards Committee advises that the Committee
was appointed by Council to sit and hear appeals of any Orders to Comply issued by staff
under the Town's Property Standards By-law relating to the conditions of properties in Town.
Prior to the Appeal Hearing, the Property Standards Committee will review the procedures,
attached to this memo, with staff from Legal Services. Pursuant to s. 2.1.9 of the Property
Standards By-law and s. 15.6(8) of the Building Code Act, 1992, the Committee is empowered
to adopt its own rules of procedure.
Attachments
Attachment 1 - By-law Number 4044-99.P – Being a By-law Respecting Property
Standards
Attachment 2 - Building Code Act, 1992, S.O. 1992, c. 23, as amended – ss. 15.1 to 15.8
(Property Standards)
Attachment 3 - Proposed Rules of Practice and Procedure
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Phone: 905-727-3123 ext. 4745
Email: sszlapczynski@aurora.ca
www.aurora.ca
Town of Aurora
Legal Services
Services
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Town of Aurora - Property Standards Committee Rules of Practice and Procedure
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RULES OF PRACTICE AND PROCEDURE
To Govern the Proceedings of the
Town of Aurora Property Standards Committee
BACKGROUND
A.The Town of Aurora Property Standards Committee is established pursuant to the
Building Code Act, 1992 and conducts hearings of appeals of Property Standards
Orders that are issued pursuant to the Building Code Act, 1992.
B.Under Subsection 15.6 of the Building Code Act, 1992, the Property Standards
Committee may adopt its own rules of procedure.
1.DEFINITIONS
1.1. In these rules, unless the context requires otherwise:
(a)“APPELLANT” means a person appealing an order thereof pursuant to the
By-law;
(b)“BUILDING CODE ACT” means the Building Code Act, 1992, S.O. 1992, c.
23, as amended or successor legislation thereof;
(c)“BY-LAW” means the Property Standards by-law of the Town passed
pursuant to Section 15.1 of the Building Code Act, as amended;
(d)“CHAIR” means the person elected pursuant to this by-law to act as the chair
of the Committee;
(e)“COMMITTEE” means the Town’s Property Standards Committee;
(f)“HEARING” means a hearing in any Proceeding of the Committee;
(g)“PROCEEDING” means a matter brought before the Committee under the
provisions of the By-law or the Building Code Act;
(h)“RULES” means these rules of Practice and Procedures of the Committee;
(i)“SECRETARY” means the Clerk of the Town appointed pursuant to the
Municipal Act, 2001, S.O. 2001, c. 25, or a person delegated by the Clerk to
serve as the secretary for the Committee;
(j)“TOWN” means The Corporation of the Town of Aurora.
Attachment 3
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2.INTERPRETATION
2.1. These Rules shall receive such fair and liberal interpretation as will best ensure
the most expeditious, just and least expensive determination of every Proceeding
on its merits.
2.2. Where matters are not provided for in these Rules, the practice shall be
determined by the Committee hearing the Proceeding.
2.3. Otherwise indicated otherwise, any reference to a Section, Subsection or
Paragraph shall be a reference to a section, subsection or paragraph within these
Rules.
3.APPLICATION
3.1. These Rules apply to all Proceedings of the Committee.
3.2. These Rules apply subject to the Statutory Powers Procedure Act, R.S.O. 1990,
c.S.22, as amended, and any other legislation governing the Committee.
3.3. The Committee may, at any time, as it deems necessary, dispense with
compliance with any Rules, save and except those prescribed as mandatory by
the Building Code Act or the Statutory Powers Procedure Act and any other
legislation governing the Committee.
3.4. Substantial compliance with requirements respecting the contents of forms,
notices, or documents under these Rules is sufficient.
3.5. The Committee may exercise any of its powers under these Rules on its own
initiative or at the request of a party subject to a hearing.
3.6. No Proceeding is invalid by reason only of a defect or other irregularity in form.
4.QUORUM
4.1. Three (3) members of the Committee constitutes quorum for a Hearing.
4.2. If no quorum is present thirty (30) minutes after the time appointed for the
commencement of the Hearing, the Hearing shall be adjourned and the Secretary
shall reschedule the Hearing.
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Town of Aurora - Property Standards Committee Rules of Practice and Procedure
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5.REQUEST FOR HEARING
5.1. An Appeal to the Committee by an owner or occupant subject to a property
standards order must be made by sending a notice of appeal (“Notice of Appeal”)
by registered mail or personal service to the Secretary by the last da te for filing
appeal pursuant to the Building Code Act.
5.2. A Notice of Appeal shall include:
(a)an identification of the appellant(s);
(b)the address of the property subject to the appeal;
(c)the address, telephone number and, where available, e-mail address and
facsimile number for each person identified in clause (a);
(d)the name, address, telephone number and, where available, e-mail address
and facsimile number of any agent, representative, or lawyer representing the
appellant; and
(e)if being requested, indication that special services or accommodation are
required, including translation services or services for the visually or hearing
impaired.
5.3. When a Notice of Appeal is received by the Secretary, he/she shall confirm that
the notice was sent within the allowed appeal period and that is substantially
compliant with Subsection 5.2.
5.4. If the Notice of Appeal is determined by the Secretary to not have been provided
within the allowed appeal period, such appeal shall be void and the order subject
to such appeal shall be deemed to have been confirmed pursuant to the Building
Code Act.
5.5. If the Notice of Appeal is determined by the Secretary to not be substantially in
compliance with Subsection 5.2, the Secretary may decide not to process the
documents relating such appeal until satisfied that Subsection 5.2 is substantially
complied with. For clarity, the Secretary may schedule a hearing despite non -
compliance with Subsection 5.2 at its discretion or upon request of the Chair.
5.6. If the Secretary determines that a Notice of Appeal was provided within the
allowed appeal period and in substantial compliance of Subsection 5.2, or
otherwise decides to process the appeal despite lack of substantial compliance
with Subsection 5.2, the Secretary shall set the time, date and place, after
consulting with the Committee members, for the Hearing of the appeal subject to
the Notice of Appeal.
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5.7. Once the date, time and place for a Hearing has been set, it may only be
adjourned prior the Hearing by written notice of the Secretary if:
(a)the majority of Committee members request an adjournment;
(b)the Appellant demonstrates to the Secretary a justifiable cause and necessity
for the adjournment and only if the Property Standards Officer who issued the
order does not object to the adjournment; or
(c)the Hearing cannot be conducted at the given time, day or place due to
unforeseen circumstances, inability to achieve quorum for the scheduled
time/date or health/safety concerns.
5.8. Notice of the Hearing shall be sent by the Secretary in writing to all parties affected
by the order at least ten (10) days in advance of the hearing.
5.9. In addition to the above, the Committee may direct that notice be given of a
Hearing of an appeal to such persons as the Committee considers advisable.
5.10. Where a person is properly notified of a hearing and does not attend at the time,
date and place appointed, the Committee may proceed in that person's absence
and without further notice to that person.
6.FILING
6.1. Filing of any document, excluding the Notice of Appeal, may be effected by
personal delivery or by ordinary or registered mail, to the Secretary, or otherwise
as the Committee may order.
6.2. Where a document is filed, the date of the receipt stamp on the document shall
be deemed to be the date of the filing, unless the Committee orders otherwise.
6.3. Where the Committee or the Property Standards Officer, who issued the order
subject to an appeal, has no record of the receipt of a document alleged to have
been filed, the documents shall be deemed not to have been filed, unless the
Committee orders otherwise.
7.SELECTING A CHAIR AND A SECRETARY
7.1. At the first meeting of the Committee’s term, the members shall select a Chair
from among themselves. When the Chair is absent through illness or otherwise,
the Committee may appoint another member to act as the Chair during such
absence. The Committee, while holding a proper meeting, may elect a new or
replace a current Chair at any time by a majority vote.
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7.2. The Clerk of Town shall provide a Secretary for the Committee.
7.3. The Secretary shall keep on file records of all official business of the Committee,
including records of all applications and minutes of all decisions respecting these
applications.
8.EXHIBITS
8.1. All parties to a hearing, particularly solicitors and agents, shall be required to bring
to the hearing a sufficient number of copies for Committee members and opposing
counsel of clear photos and/or other documents to be entered as evidence or
exhibits.
9.CONDUCT OF PROCEEDINGS
9.1. Hearings may be conducted in-person only.
9.2. Any member of the Committee may administer oaths during a Hearing.
9.3. For the purposes of this Section 9, “Case Presenter” shall mean the Town
representative conducting the appeal hearing on behalf of the Town and may be
the Property Standards Officer who issued the order subject to the appeal.
9.4. An in-person Proceeding shall be conducted in the following order of presentation,
unless the Chair directs otherwise:
(a)the Chair shall call the meeting to order after confirming a quorum of the
Committee is present;
(b)the Chair shall explain to those in attendance at the hearing the f ormat of the
Proceedings and the specific purpose of the hearing;
(c)the Chair shall solicit from those Committee members in attendance at the
hearing any conflicts of pecuniary interest or other interest in any matter on the
agenda for consideration;
(d)the Chair may inquire if there are any adjournment requests or compliance with
the order subject to the appeal;
(e)the Case Presenter may make an opening address;
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(f)an appellant may make an opening address immediately after the opening
address of Case Presenter and before the Case Presenter adduces any
evidence;
(g)the Case Presenter may adduce evidence in support of the order subject to the
appeal;
(h)when evidence of the Case Presenter is concluded, the Appellant may make
an opening address, unless he/she has already done so pursuant to Paragraph
(f)above, and then may adduce evidence in support of the appeal;
(i)when the presentation of the evidence of the Appellant is concluded, the Case
Presenter may adduce any reply evidence;
(j)after all of the evidence has bee n adduced by all parties to the Hearing, the
Case Presenter may make a closing address, followed by a closing address of
the Appellant;
(k)where there are two or more Appellants, the order of presentation shall be as
directed by the Chair;
(l)where parties other than the Appellant(s) or the Case Presenter request to
address the Committee with respect to an appeal, the Chair may provide such
persons with an opportunity to make a statement or adduce evidence as
directed by the Chair.
9.5. Unless these Rules provide otherwise, witnesses at a Proceeding shall be
examined orally and the examination may consist of direct examination, cross -
examination and re-examination.
9.6. The Committee members may question, or ask clarifying questions to, the
Appellant(s), the Case Presenter, any witness or other persons taking part in a
Hearing at any time during such a Hearing.
9.7. The Committee shall ensure that there is no undue harassment or embarrassment
of the witness as he or she is giving evidence and may disallow a question put to
the witness that is vexatious or irrelevant to any matter that may be properly
inquired into at the Proceeding.
9.8. The Committee may at any time during a Proceeding direct that a witness be
recalled for further examination.
9.9. Where a witness appears unwilling or unable to give answers to the questions
being posed, the Committee may permit the party calling the witness to examine
him or her by means of leading questions.
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10. COMMITTEE DECISIONS
10.1. Upon receiving all of the evidence and submissions with respect to an appeal
pursuant to Section 9, the Committee may adjourn (in camera) to deliberate their
decision, and upon their return make their decision known to the affected parties.
For clarity, the Committee is not required to adjourn (in camera) and may render
a decision through a majority vote without such deliberation.
10.2. Pursuant to the Building Code Act, on an appeal, the Committee has all the
powers and functions of the officer who made the order and the Committee may
do any of the following things if, in the committee’s opinion, doing so would
maintain the general intent and purpose of the By-law and of the official plan or
policy statement applicable to the Town:
(a)confirm, modify or rescind the order to demolish or repair;
(b)extend the time for complying with the order.
10.3. Subject to Subsection 10.2, the Committee may decide:
(a)to uphold the order in whole or in part, with no additional time granted for
compliance;
(b)to uphold the order in whole or in part with additional time granted for all or
some of the deficiencies to be complied with;
(c)to remove any items from the order that have already been complied with, or
have been determined to be invalid;
(d)to modify any items within the order in any manner seen fit by the Committee;
(e)to quash the order, in whole or in part;
(f)to adjourn the Hearing to a later date, including an adjournment to continue the
Hearing at late date or pending the receipt of additional information from any
party to the Hearing;
(g)to reserve a decision to a later date pending further consideration by the
Committee, at which time the decision can be provided in writing to all parties
to the Hearing; or
(h)to render any other order or decision that will best ensure the most expeditious,
just and least expensive determination of the hearing that is within the powers
of the Committee pursuant to the Building Code Act and subject to other
applicable legislation.
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10.4. The Secretary shall prepare a written record of the Hearing, including minutes of
the Hearing and the decision (with conditions, if applicable).
10.5. The Secretary will arrange for the required signature(s) on the decision, prior to
providing it to the Appellant(s) and the Property Standards Officer who issued the
order. Decisions shall be signed by the Chair on behalf of the Committee
members.
10.6. The Secretary shall provide a written decision of the Committee to the Appellant.
10.7. Decisions shall be mailed by the Secretary to the Appellant by the registered mail.
11. VOTING
11.1. Every member of the Committee shall have one vote.
11.2. All member of the Committee, including the Chair, must vote on all motions and
questions before the Committee, unless they have declared a conflict of interest.
11.3. All votes, other than tie votes, shall be decided by a majority vote of the members
in attendance and not in a conflict of interest.
11.4. In the case of a tie vote, any motions or questions put to the Committ ee shall be
deemed to have been lost.
11.5. In the case of a tie vote with respect to deciding an appeal of an order , such
appeal shall be deemed to have been lost and the order confirmed.
11.6. In the case where during a Hearing all motions to modify an order, confirm an
order, rescind an order or extend the time to comply with an order are lost, due
to tie votes or otherwise, the appeal is deemed to have been lost and the order
confirmed.
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