General administrative penalty 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, 1-866-785-3941 (TTY for deaf), or municipalenforcement@waterloo.ca

Bylaw number: 2019 - 009
Last amended by Bylaw 2023-078 on September 11 2023

A bylaw to establish an administrative penalty system for bylaw violations within the City of Waterloo.

  1. Title
  2. Definitions
  3. Application of this bylaw 
  4. Penalty notice
  5. Escalating penalties
  6. Review by screening officer 
  7. Review by hearing officer 
  8. Service of documents 
  9. General Provisions 
  10. Offences 
  11. Effective date 
  12. Schedule A
  13. Schedule B 

Whereas section 434.1 of the Municipal Act, 2001 authorizes the City to require a Person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the Person has failed to comply with a by-law of the City;

And whereas subsection 434.2(2) of the Municipal Act provides that if an administrative penalty imposed under section 434.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of a local municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes; 

And whereas section 15.4.1 of the Building Code Act, 1992, authorizes the City to require a Person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the Person has failed to comply with a by-law passed under section 15.1 of the Building Code Act, 1992; or an order of an officer under subsection 15.2 (2) as deemed confirmed or as confirmed or modified by the committee or a judge under section 15.3 of the Building Code Act, 1992;

And whereas Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 authorize the City to delegate its administrative and hearing powers;

And whereas section 391 of the Municipal Act, 2001 authorizes the City to pass by- laws imposing fees or charges for services or activities provided or done by or on behalf of it; 

And whereas the Council for the City considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for the designated City by-laws set out herein;

Therefore the municipal council of the corporation of the City of Waterloo enacts as follows:

1.0 Title 

1.1 This By-law shall be known and cited as the “General Administrative Penalty By-law”.

2.0 Definitions

2.0 The provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Schedule. F, shall apply to this By-law.

2.1 A reference to any legislation, by-law, or any provision thereof in this By-law shall include reference to any amendment to, modification or re-enactment thereof, any legislative provision substituted therefor, any regulation made thereunder, and any successor legislation or by-law.

2.2 Where words and phrases used in this by-law are not defined, definitions found within the Highway Traffic Act shall apply.

2.3 For the purpose of this By-law:

Administrative Penalty – means an administrative penalty as set out in Schedule “A” of this By-law, for a contravention of a Designated By-law;

City – means the Corporation of the City of Waterloo and includes the geographical area within the City;

Clerk – means the City Clerk, or anyone designated by the City Clerk to perform his or her duties pursuant to this By-law;

Court - means any court of law of the Province of Ontario, including but not limited to the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal for Ontario;

Designated By-law – means a by-law, or a part or provision of a by-law, that is designated under this or any other by-law, and is listed in the attached Schedule ‘A’;

Director – means the Director of Municipal Enforcement Services of the City (or any successor job title) or anyone designated by the Director of Municipal Enforcement Services to perform his or her duties pursuant to this By-law;

Effective Date of Service – means the date on which service of a Penalty Notice is deemed to be effective in accordance with section 7.1 of this By- law;

Fees (types of fees):

  • Administrative Fee – means any fee(s) specified in Schedule “B” of this By-law, as amended;
  • Late Payment Fee – means an Administrative Fee established by the City from time to time in respect of a Person’s failure to pay an Administrative Penalty within the time prescribed in this By-law;
  • NSF Fee – means a fee established by the City, as set out in the Fees & Charges By-law, in respect of any payment to the City from a Person, for which there are insufficient funds available, or the transaction is declined;
  • Screening Non-Appearance Fee - means an Administrative Fee established by the City from time to time, as listed in Schedule “B”’ in respect of a Person’s failure to appear at the time and place scheduled for a review by a Screening Officer;
  • Hearing Non-Appearance Fee – means an Administrative Fee established by the City from time to time, as listed in Schedule “B” in respect of a Person’s failure to appear at the time and place scheduled for a hearing before a Hearing Officer; and,
  • Collection Services and Tax Roll Fee – means an Administrative Fee established by the City from time to time, as listed in Schedule “B” in respect to the cost incurred of enforcing and/or collecting an Administrative Penalty and any associated Administrative Fees from a Person who fails to pay within the time prescribed by this By-Law.

Hearing Decision – means a notice that contains the decision of a Hearing Officer;

Hearing Officer – means any person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Hearing Officer in accordance with this By-law and pursuant to the City’s Screening and Hearing Policy;

Hearing Officer Appeal Form - means the form attached to the Screening Decision that may be filed by a Person under this By-law;

Holiday – means a Saturday, Sunday and any statutory holiday in the Province of Ontario or any day on which the offices of the City are officially closed for business;

Officer – means a person appointed/authorized by the City to enforce a Designated By-law, or a police officer employed by the Waterloo Regional Police Service;

Penalty Notice – means a notice as described in this By-law;

Penalty Notice Date – means the date of the contravention;

Penalty Notice Number – means the reference number specified on the Penalty Notice that is unique to that Penalty Notice, pursuant to By-law;

Person – means the person indicated on the Penalty Notice issued in accordance with section 3.1 of this By-law, and includes an individual or corporation, or an authorized representative thereof;

Provincial Offences Act – means the Provincial Offences Act, R.S.O., 1990, c.

Screening and Hearing Officer By-law – means By-law No. 2019-011, of the City, as amended, from time to time, or any successor thereof;

Screening Decision – means a notice which contains the decision of a Screening Officer;

Screening Officer – means any person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a screening officer pursuant to this By-law;

Statutory Powers Procedure Act – means the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22.

3.0 Application of this bylaw

3.1 The Director may:

a) Designate areas within the City, or at another location, as approved, and determine times, for conducting reviews and hearings under this By-law;

b) Prescribe all forms, notices, including the Penalty Notice, guidelines, processes, policies, and procedures, necessary to implement the By-law and the administrative penalty system, and to amend such forms, notices, guidelines, policies, procedures, and processes from time to time as the Director deems necessary without amendment to this by-law; and

c) Amend the Administrative Fees, as may be necessary to reflect changes in fees imposed by the Province of Ontario in relation to the administration of the administrative penalty system.

4.0 Penalty notice

4.0 If a Person is found in contravention of a designated By-Law in Schedule “A”, the Person shall, upon issuance of a Penalty Notice in accordance with this By-Law, be liable to pay to the City an Administrative Penalty in the amount specified in Schedule “A”, and shall be liable to pay to the City any Administrative Fees in accordance with this By-Law.

4.1 An Officer who has reason to believe that a Person has contravened a Designated By-Law may issue a Penalty Notice in accordance with this By-Law.

4.2 The Penalty Notice shall include the following information:

a) The Penalty Notice Date;

b) The Penalty Notice Number;

c) The short form wording for the contravention;

d) The amount of the Administrative Penalty;

e) The time for payment of the Administrative Penalty, which shall be thirty (30) calendar days from the Effective Date of Service; 

f) Information respecting the process by which the person may pay the Administrative Penalty or request a review of the Administrative Penalty;

g) A statement advising that an Administrative Penalty will constitute a debt of the Person, to the City;

h) The name and identification number of the Officer issuing the Penalty Notice;

4.4 Amount due – timing

The amount due for a Penalty Notice issued pursuant to Section 4.1 is:

a) the Set Penalty Amount set out in Schedule “A” for the related contravention if payment is received within thirty (30) calendar days from the Effective Date of Service of the Penalty Notice in accordance with this By-law; plus

b) the Late Payment set out in Schedule “B” for the related contravention if payment is received after forty-five (45) calendar days from the Effective Date of Service of the Penalty Notice in accordance with this By-law.

4.5 How to request a review by a screening officer

A person’s right to request a review with a Screening Officer, or to request an extension of time to request a review, are exercised by giving to the City written notice (in the form of the prescribed forms) of the request to review that includes:

a) the Penalty Notice Number;

b) the Person’s mailing address and, if applicable, telephone number, and e- mail;

c) in the case of a request to extend time to request a review, the reasons, if any, for having failed to exercise the right to request a review within thirty (30) days from the date of the Effective Date of Service. 

4.0 Written notice for a request to review shall be provided by completing the Screening Officer Review Form and delivering it to the City in accordance with the service provisions set out in Section 8.5.

4.1 The review by a Screening Officer shall take place via phone or in writing via email, at the Screening Officer’s discretion, unless the Person otherwise elects to meet in-person with the Screening Officer by making that election on the Screening Officer Review Form.

4.2  Where the Person requests to meet in-person with the Screening Officer in accordance with this By-law, the Person shall be provided no fewer than seven (7) calendar days’ notice of the date, time, and place of the Screening Officer Review.

5.0 Escalating penalties

5.1 If a Person is found in contravention of a designated By-Law in Schedule “A”, where an officer determines that such Person has previously received a Penalty Notice for the same offence, and the Penalty Notice has been confirmed, the Person shall, upon issuance of a Penalty Notice in accordance with this By-Law, be liable to pay to the City an escalating fine for a second and subsequent confirmed Penalty Notice(s) in the form of an Administrative Penalty in the amount specified in Column 5 of Schedule “A”. In addition to an escalating fine, the Person shall be liable to pay to the City any Administrative Fees in accordance with this By-Law.

6.0 Review by screening officer

6.1 A Person who is served a Penalty Notice may, within 30 calendar days after the Effective Date of Service, request, in accordance with Section 6.3, that the Administrative Penalty be reviewed by a Screening Officer.

6.2 A Person who is served a Penalty Notice may, in accordance with Section 6.3, request that the Screening Officer extend the time to request a review, within 60 calendar days after the Effective Date of Service, failing which the Administrative Penalty shall be deemed to be affirmed in accordance with Section 6.6 of this Bylaw.

6.3 A request for a review, or for an extension of time to request a review, shall be in the form and manner as determined by the Director from time to time, and shall include the Penalty Notice Number and the Person’s contact information. Where a request is made by a Person who is not the Owner, the Person shall submit with the request an authorized agent/representative form, in the form as determined by the Director from time to time. Incomplete forms or forms not submitted in the form and manner as determined by the Director may not be accepted or processed, at the discretion of the Director.

6.4 The Screening Officer may only extend the time to request a review of the Administrative Penalty when the Person requesting the extension demonstrates, on a balance of probabilities, extenuating circumstances that warrant the extension of time. The Screening Officer will consider the request for extension before reviewing the Administrative Penalty.

6.5 Where an extension of time to request a review is not granted by the Screening Officer, the Administrative Penalty and any applicable Administrative Fees shall be deemed to be affirmed, and shall not be subject to review.

6.6 Where neither a review nor an extension of time for review are requested in accordance with this By-law, or where the person fails to request a review within any extended period of time granted by the Screening Officer:

a) The person shall be deemed to have waived the right to a screening and a hearing;

b) The Administrative Penalty, and any applicable Administrative Fees, shall be deemed to be affirmed; and

c) The Administrative Penalty, and any applicable Administrative Fees, shall not be subject to review.

6.7 On a review of an Administrative Penalty, the Screening Officer may affirm the Administrative Penalty, including any applicable Administrative Fees, or the Screening Officer may cancel, reduce or extend the time for payment of the Administrative Penalty, including any applicable Administrative Fees, on the following grounds:

a) Where the Screening Officer is satisfied, on a balance of probabilities, that the person identified in the Penalty Notice was not responsible for the contravention of the Designated By-law as set out in the Penalty Notice; or,

b) Where the Screening Officer is satisfied, on a balance of probabilities, that the cancellation, reduction, or extension of the time for payment of the Administrative Penalty, including any applicable Administrative Fees, is necessary to reduce any undue hardship.

6.8 Every Person who has a review by the Screening Officer shall be served with a copy of the Screening Decision within 15 calendar days of the screening review, in accordance with Section 8.2 of this by-law.

7.0 Review by Hearing Officer

7.1 A Person who has received the decision of a Screening Officer may request a review of the Screening Decision by a Hearing Officer, in accordance with Section 7.3, within 30 calendar days after the date on which the Screening Decision was issued. 

7.2 A Person to whom a Screening Decision is issued may, in accordance with Section 7.3, request that the Hearing Officer extend the time to request a review of the Screening Decision within 60 calendar days after the date on which the Screening Decision was issued, failing which, the Screening Decision shall be deemed to be affirmed in accordance with Section 7.6 of this By-law. 

7.3 Written notice of the request to appeal or to request an extension of time to appeal is provided by completing the Hearing Officer Appeal Form and delivering it to the City. Where a request is made by a person who is not the Person indicated on the Penalty Notice, the Person shall submit with the request an authorized agent/representative form, in the form as determined by the Director from time to time. Incomplete forms or forms not submitted in accordance with the form and manner as determined by the Director may not be accepted or processed, at the discretion of the Director. 

7.4 The Hearing Officer may only extend the time to request a review of the Screening Decision where the Person requesting the extension demonstrates, on a balance of probabilities, extenuating circumstances that warrant the extension of time. The Hearing Officer will consider the request for extension before reviewing the Screening Decision. 

7.5  Where an extension of time for a hearing review is not granted by the Hearing Officer, the Screening Decision shall be deemed to be affirmed, and shall not be subject to review.

7.6 Where neither a hearing review nor an extension of time for a hearing review are requested in accordance with this By-law, or where the person fails to request a hearing review within any extended period of time granted by the Hearing Officer: 

a) The person shall be deemed to have waived the right to a hearing review;

b) The Screening Decision shall be deemed to be affirmed; and

c) The Screening Decision shall not be subject to review. 

7.7 A Person requesting a review by the Hearing Officer in accordance with this Bylaw shall be given at least 30 calendar days’ notice of the date, time and place for the review by the Hearing Officer. The Person may request that the hearing be rescheduled by providing a written request at least 3 business days in advance of the scheduled hearing date, in the form and manner as determined by the Director from time to time. 

7.8 On a review of the Screening Decision, the Hearing Officer may: 

a) Affirm or deny the request to extend the time to appeal; b) Affirm the Administrative Penalty; c)    Cancel the Administrative Penalty; d) Reduce the Administrative Penalty; or e)    Extend the time for payment, including any Administrative Fees.

7.9 A Hearing Officer shall not make any decision respecting a review of the Screening Decision unless the Hearing Officer has given the person, and the City, an opportunity to be heard. 

7.10 The hearing shall be subject to the Statutory Powers Procedure Act. 

7.11 The Hearing Officer may consider and rely on a certified statement of an Officer, including but not limited to, certified photographs taken by an Officer. For this purpose, the Penalty Notice, signed by the Officer, shall constitute a certified statement of the Officer.

7.12 In addition to anything else that is admissible as evidence in accordance with the Statutory Powers Procedure Act, the materials referred to in Section 7.11 are admissible as evidence as proof of the facts contained therein, in the absence of evidence to the contrary.

7.13 If evidence referred to in Section 7.11 is being admitted at a hearing, the Hearing Officer shall not adjourn the hearing for the purpose of having the Officer attend to give evidence unless the Hearing Officer is satisfied that the oral evidence of the Officer is necessary to ensure a fair hearing.

7.14 The Person requesting the hearing shall be served with a copy of the Hearing Decision within 15 calendar days of the hearing review.

7.15 The decision of a Hearing Officer is final.

7.16 Where notice has been given in accordance with this By-law, and the person fails to appear at the time and place scheduled for a review by the Hearing Officer:

a) The Person shall be deemed to have abandoned the hearing;

b) The Screening Decision shall be deemed to be affirmed; and

c) The Person shall pay to the City a Hearing Non-Appearance Fee, in addition to any other fees payable pursuant to this By-law 

8.0 Service of penalty notice and other documents

8.1 Service of a Penalty Notice, as referenced in Section 4.1, in any of the following ways is deemed effective:

a) Delivering it personally to the person named in the Penalty Notice at the time of the contravention; 

b) Mailing it by regular mail to the Person named in the Penalty Notice at his/her last known address, as soon as reasonably practicable after the contravention; 

c) Delivering it personally to an occupant at the last known address of the Person named in the Penalty Notice, who appears to be a least sixteen (16) years of age, as soon as reasonably practicable after the contravention. 

8.2 Service of any document other than a Penalty Notice may be made by:

a) delivering it personally to the Person who requested the screening or hearing review, in the case of a Screening Decision or Hearing Decision; or 

b) for any document, including a Screening Decision or Hearing Decision:

  • i) delivering it by hand to an occupant at the last known address of the Person named in the Penalty Notice, who appears to be at least 16 years of age; or 
  • ii) delivering it by regular mail to the Person named in the Penalty Notice, at their last known address. 
  • iii) delivering it by email to the Person named in the Penalty Notice, at an email address provided to the City by the Person 

8.3 For purposes of this By-Law, the last known address of the Person, shall be the address as provided by the Person at the time that the Penalty Notice was issued, an address provided by the Person to the City in relation to other administrative matters or, where an updated address has been provided in writing by the Person to the Municipal Enforcement Services Division of the City at the time of service, such updated address.

8.4 Any Penalty Notice or document sent in writing to the Person named in the Penalty Notice, by regular mail, as set out in this By-Law, is deemed to have been served on the fifth (5th) calendar day after the date of mailing. 

8.5 Service of a document on the City may be made by: 

a) Sending it by regular or registered mail to the City of Waterloo’s Municipal Enforcement Services Division; 

b) by completing the prescribed online form. 

c) by delivering it personally to the City of Waterloo’s Municipal Enforcement Services Division.  

9.0 General provisions

9.1 A Penalty Notice that is paid prior to a screening review shall be deemed as final and will not be subject to screening, unless there is an error on the face of the Penalty Notice as determined by the Director. 

9.2 Unless otherwise stated in this By-law, an Administrative Penalty is due and payable within thirty (30) calendar days following the Effective Date of Service. 

9.3 Where an Administrative Penalty, including any Administrative Fees, is affirmed, or reduced by a Screening Officer or a Hearing Officer, the Administrative Penalty and any Administrative Fees shall be due and payable on the date specified in the Screening Decision or Hearing Decision, as the case may be. 

9.4 Where an Administrative Penalty issued pursuant to Section 4.1, is not paid within thirty (45) calendar days of the Effective Date of Service, the person named in the penalty notice shall pay to the City, in addition to any other fees, a Late Fee. 

9.5 Where an Administrative Penalty issued pursuant to Section 4.1 is not paid on or before it becomes due and payable in accordance with a Screening Decision or Hearing Decision, the person named in the Penalty Notice shall pay to the City, in addition to any other fees, a Late Fee. 

9.6 Where an Administrative Penalty issued pursuant to Section 4.1, including any Administrative Fees, are not paid within sixty (60) calendar days after they become due and payable, the City may pursue any other collection mechanisms available to the City pursuant to the by-law and applicable legislations, including applicable regulations, or at law and, in addition to any other fees, a Collection Services Fee may apply. 

9.7 Where a person provides a method of payment to the City for payment of any Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn, the Owner shall, in addition to any other fees, be liable to pay to the City an NSF Fee, the amount of which is provided for in Schedule “B” to this By-Law. 

9.8 All amounts due and payable to the City pursuant to this By-law constitute a debt to the City. 

9.9 Where a person makes a request for an extension of time for payment, and the request is granted, the date on which the Administrative Penalty is due and payable shall be the date established in accordance with the extension of time, and: 

a) the Penalty Notice will not be subject to the Late Payment Fee until the time for payment has expired, and then in accordance with the provisions herein; and 

b) the enforcement mechanisms available to the City shall be suspended until the extension of time has expired, and then shall apply in accordance with the provisions herein. 

9.10  Where an Administrative Penalty is cancelled by a Screening Officer or a Hearing Officer, any Administrative Fee is also cancelled. 

9.11 Where a Person has paid an Administrative Penalty or an Administrative Fee that is cancelled or reduced by a Screening Officer or Hearing Officer, the City shall refund the amount cancelled or reduced.

9.12 No Officer may accept payment in respect of an Administrative Penalty or Administrative Fee. 

9.13 Payments of an Administrative Penalty or Administrative Fee must be received by the date on which they are due and payable, or any extended due date in accordance with this By-law, and will not be credited until received by the City. 

9.14 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.

10.0 Offences

10.1 Any Person, who:

a) makes a false, misleading, or fraudulent statement in relation to a Penalty Notice, or on any form submitted to the City in relation to a Penalty Notice; or

b) obstructs an Officer exercising any authority under this By-law,
is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the Provincial Offences Act.

10.2 No Person shall attempt, directly or indirectly, to communicate with a Screening Officer or Hearing Officer for the purpose of influencing or interfering, financially, politically, or otherwise with, the Screening Officer or Hearing Officer respecting a Penalty Notice and/or respecting a power of decision in a proceeding that is or will be pending before a Screening Officer or Hearing Officer, except:

a) A Person who is entitled to be heard in the proceeding or the Person’s lawyer, licensed paralegal, or authorized representative; and

b) Only by that Person or the Person’s lawyer, licensed paralegal or authorized representative during the screening or hearing of the proceeding in which the issues arises.

Nothing in this Section prevents a Screening Officer or a Hearing Officer from seeking or receiving legal advice.

10.3 Any Person who contravenes Section 10.2 of this By-law is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the Provincial Offences Act.

11.0 Effective date

12.1 This By-law shall come into force and effect on June 3, 2023.

12.0 Schedule A

Click below to view Schedule A (PDF) of this bylaw.

Schedule A

13.0 Schedule B

Item Fee
Hearing non-appearance fee $100.00
Late payment fee 25% of penalty amount
Non-sufficient funds (NSF) fee $50.00

Collection services and tax roll fee

 15% of total penalty and fees

Fees listed in Schedule B are subject to applicable taxes, including Harmonized Sales Tax (H.S.T.)

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