Loading...
By-law - Amend Various Bylaws to include Administrative Monetary Penalty Provisions - 20231212 - 6567-23The Corporation of the Town of Aurora By-law Number 6567-23 Being a By-law to amend various by-laws to include Administrative Monetary Penalty provisions. Whereas Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act, 2001”) authorizes 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 The Corporation of the Town of Aurora (“Town”) has created by-law 6450- 22 to establish administrative monetary penalties to assist the municipality in promoting compliance with its designated by-laws; And whereas the Council of the Town considers it desirable to amend various by-laws being designated to be subject to the administrative monetary penalty system to include administrative monetary penalty sections in such by-laws; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. That the administrative penalty wording set out in the attached Schedule “A” be added to the following by-laws as set out below: (a) By-law Number 4739-05 – wording in Schedule “A” added as Section 7.1; (b) By-law Number 4740-05 – wording in Schedule “A” added as Section 5.1; (c) By-law Number 4752-05 – wording in Schedule “A” added as Section 44.1; (d) By-law Number 5373-11 – wording in Schedule “A” added as Section 9.1; (e) By-law Number 5518-13 – wording in Schedule “A” added as Section 16.5; (f) By-law Number 5630-14 – wording in Schedule “A” added as Section 18.5; (g) By-law Number 5840-16 – wording in Schedule “A” added as Section 7.5.1; (h) By-law Number 5850-16 – wording in Schedule “A” added as Section 13.3; (i) By-law Number 6114-18 – wording in Schedule “A” added as Section 11.4; (j) By-law Number 6197-19 – wording in Schedule “A” added as Section 31.5; (k) By-law Number 6257-20 – wording in Schedule “A” added as Section 8.5. 2. That the existing administrative penalty wording in the following by-laws be hereby deleted and replaced in the following by-laws as set out below: (a) By-law Number 6220-19 – wording in Schedule “A” replacing Section 9; (b) By-law Number 6288-20 – wording in Schedule “A” replacing Section 15; (c) By-law Number 6381-21 – wording in Schedule “A” replacing Section 9; By-law Number 6567-23 Page 2 of 3 (d) By-law Number 6426-22 - wording in Schedule I'A" replacing Section 1 7; (e) By-law Number 6429-22 - wording in Schedule "A" replacing Section 15. Enacted by Town of Aurora Council this 12th day of December, 2023. T6"'m Mrakas, Mayor Jaclyn i, Deputy Town Clerk By-law Number 6567-23 Page 3 of 3 Schedule “A” Administrative Monetary Penalty Wording The wording set out below shall be inserted as a section into the by-laws being amended: [applicable section number] “Administrative Penalties (a) Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, for a breach of any provision designated under the Administrative Penalty By-law, an individual authorized to enforce this by-law on behalf of The Corporation of the Town of Aurora may issue an administrative penalty to the person who has contravened this by-law. (b) Individuals authorized to enforce this by-law on behalf of The Corporation of the Town of Aurora have the discretion to either proceed by way of an administrative penalty or a charge laid under the Provincial Offences Act, R.S.O. 1990, c. P.33. If an administrative penalty is issued to a person for the breach, no charge shall be laid against that same person for the same breach. (c) The amount of the administrative penalty for a breach of a provision of this by-law, shall be as established pursuant to the Administrative Penalty By-law, and each day on which a contravention has not been corrected shall constitute a new and separate offence. (d) A person who is issued an administrative penalty shall be subject to the procedures as provided for in the Administrative Penalty By-law.”