Screening and Hearing Officer Bylaw
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca
Bylaw number: 2019 - 011
Last passed by council: Bylaw 2023-039 on June 12 2023
A bylaw to enact the appointment and jurisdiction of screening and hearing officers within the City of Waterloo
- Title
- Definitions
- Screening officer
- Hearing officer
- Eligibility
- General provisions
- Severability
- Effective date
Whereas Section 102.1(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person failed to comply with any bylaws respecting the parking, standing or stopping of vehicles;
And whereas the Province of Ontario has adopted O. Reg. 333/07, pursuant to the Municipal Act, 2001, which applies to administrative penalties in respect of the parking, standing or stopping of vehicles;
And whereas in accordance with the Municipal Act, 2001, the City has passed a parking administrative penalty bylaw and general administrative penalty bylaw;
And whereas in accordance with the aforesaid bylaw and the regulation, a person who receives a penalty notice shall have the right to request a screening review of the administrative penalty by a screening officers appointed by the City;
And whereas in accordance with the aforesaid bylaw and the regulation, 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 City;
And whereas Sections 23.1, 23.2, 23.3 and 23.5 of the Municipal Act, 2001 authorizes a municipality to delegate its administrative and hearing powers in certain circumstances;
And whereas the City considers it desirable and necessary to establish the positions of screening officer and hearing officer, which are required for the operation of the City’s parking administrative penalty bylaw and general administrative penalty bylaw, as well as appeals under the City’s business licensing bylaw, dangerous dog bylaw, and any other bylaw in which counsel delegates its administrative and hearing powers to a screening and or hearing officer accordingly;
Now therefore the Council of The Corporation of the City of Waterloo enacts as follows:
Title
1.1 This By-law shall be known and cited as the “Screening and Hearing Officer Bylaw”.
Definitions
2. For the purposes of this bylaw:
Administrative penalty means an administrative penalty imposed for a contravention of a designated bylaw, as set out in the parking administrative penalty bylaw and general administrative penalty bylaw;
Business licensing bylaw means bylaw No. 2023-105 passed by the City to provide for the licensing and regulation of various businesses in the City, as amended from time to time, or any successor thereof;
City means the Corporation of the City of Waterloo;
City solicitor means the City Solicitor, or anyone designated by the City Solicitor to perform his or her duties pursuant to this bylaw;
Clerk means the City Clerk, or anyone designated by the City Clerk to perform his or her duties pursuant to this bylaw;
Council means the elected Council of the City;
Dangerous dog bylaw means bylaw No. 2026-010 passed by the City to regulate dangerous dogs, potentially dangerous dogs and prohibited dogs in the City, as amended from time to time, or any successor thereof;
Director means the Director of Municipal Enforcement Services, or their designate;
Designated bylaw means any provision of a City bylaw to which the parking administrative penalty bylaw and general administrative penalty bylaw applies, as designated therein;
General administrative penalty bylaw means bylaw No. 2023-078 passed by the City to establish administrative penalties for non parking bylaws, as amended from time to time, or any successor thereof;
Hearing officer means any person appointed from time to time pursuant to this bylaw, to perform the functions of a hearing officer in accordance with this bylaw and the parking administrative penalty bylaw, the general administrative penalty bylaw, the business licensing bylaw, the dangerous dog bylaw, and any other bylaw in which Council delegates administrative and or hearing powers to a hearing officer in such bylaw;
Joint panel means a panel comprised of representatives of the City of Kitchener and the City of Waterloo, as set out in the policy for appointment of screening and hearing officers;
Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
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;
Parking administrative penalty bylaw means bylaw No. 2019-009 of the City, as amended from time to time, or any successor thereof;
Person includes an individual or a corporation;
Policy for appointment of screening and hearing officers means a policy for the appointment of screening and hearing officers as approved by Council, and amended from time to time, or any successor thereof;
Power of decision means a power or right, conferred by or under this bylaw, the parking administrative penalty bylaw, the general administrative penalty bylaw, the business licensing bylaw, the dangerous dog bylaw, or any other bylaw in which Council delegates administrative and or hearing powers to a hearing officer in such bylaw, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any person:
a) in the case of a screening officer, in respect of a request to review an administrative penalty; and,
b) in the case of a hearing officer, in respect of a review of a screening decision under the administrative penalty bylaw or general administrative penalty bylaw, or in respect of an appeal of the decision under the business licensing bylaw, a designation under the dangerous dog bylaw, or an appeal of any other decision or designation under any other City bylaws, as delegated by Council in such bylaws.
Regulation means O. Reg. 333/07, made under the Municipal Act as amended from time to time, or any successor thereof;
Relative includes any of the following persons:
a) spouse, common law partner, or any person with whom the person is living as a spouse outside of marriage;
b) parent or legal guardian;
c) child, including a step child and grandchild;
d) siblings and children of siblings;
e) aunt, uncle, niece and nephew;
f) in laws, including mother, father, sister, brother, daughter and son; or
g) any person who lives with the person on a permanent basis
Screening decision means a notice which contains the decision of a screening officer, as set out in the parking administrative penalty bylaw and general administrative penalty bylaw;
Screening officer means any person appointed from time to time pursuant to this bylaw, to perform the functions of a screening officer in accordance with this bylaw and the parking administrative penalty bylaw and general administrative penalty bylaw; and
Spouse means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage
Screening officer
Hearing officer
6. 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 parking administrative penalty bylaw and general administrative penalty bylaw, and or for exercising the power of decision in an appeal under the business licensing bylaw, the dangerous dog bylaw, or any or an appeal of any other decision or designation under any other City bylaws, as delegated by Council.
7. The hearing officer shall have all the powers of a hearing officer as set out in the parking administrative penalty bylaw, general administrative penalty bylaw, the regulation, the business licensing bylaw, the dangerous dog bylaw, or any other bylaw, as applicable.
8. Hearing officer(s) shall be appointed by Council on the recommendation of the joint panel, in accordance with the City’s policy for appointment of screening and hearing officers. The recommendation shall give preference to an eligible candidate:
8.1 with good knowledge of, and experience in, administrative law; and,
8.2 of good character
9. 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 bylaw or is no longer required by the City.
10. Notwithstanding section 9 of this bylaw, Council may revoke the appointment of a hearing officer at any time, on the recommendation of the joint panel, if the hearing officer:
10.1 is found to have contravened any applicable City policy relating to the administration of the administrative penalty system, business licensing bylaw, dangerous dog bylaw, or any other policy related to bylaws under which a hearing officer exercises powers;
10.2 is found to have contravened any other requirement of the appointment; or
10.3 at any time during the appointment becomes ineligible for appointment
11. A hearing officer shall be remunerated at a rate as established by Council from time to time.
12. A hearing officer is deemed not to be an employee of the City, but a person who holds an administrative position in accordance with section 258 of the Municipal Act.
Eligibility
13. The following persons are not eligible for appointment as a screening officer or a hearing officer:
- a member of Council;
- a relative of a member of Council;
- in the case of a hearing officer, an employee of the City;
- a person indebted to the City, other than:
- in respect of current property taxes; or
- pursuant to an agreement with the City, where the person is in compliance with the terms thereof
General
14. A screening officer or a hearing officer shall have no authority to further delegate his or her powers or duties.
15. Neither a screening officer nor a hearing officer has jurisdiction to consider questions relating to the validity of a statute, regulation or bylaw or the constitutional applicability or operability of any statute, regulation or bylaw.
16. For the purposes of subsection 23.2(4) of the Municipal Act, 2001, Council has determined that the powers delegated to the screening officer and the hearing officer are minor in nature.
Severability
17. Should any provision, or any part of a provision, of this bylaw, 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 bylaw and every other provision of this bylaw shall be applied and enforced in accordance with its terms to the extent possible according to law.
Effective date
18. Bylaw 2019-011 is hereby repealed.
This bylaw shall come into force and effect on the 23 day of February 2026.