Parking administrative monetary penalty system 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.

Contact 519-747-8777, 1-866-785-3941 (TTY for deaf) or clerkinfo@waterloo.ca to get a copy of the official bylaw.


Bylaw number: 2019 - 009
Last passed by council: April 8, 2019


A bylaw to enact a parking administrative monetary penalty system within the City of Waterloo

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

Whereas Section 102.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act, 2001”) and O. Reg. 333/07, as amended, authorize The Corporation of the City of Waterloo to establish an administrative penalty system requiring a person to pay an administrative penalty for a contravention of any By-law respecting the parking, standing or stopping of vehicles;

And whereas the purpose of the system of administrative penalties established by the municipality shall be to assist the municipality in regulating the flow of traffic and use of land, including highways, by promoting compliance with its by-laws respecting the parking, standing or stopping of motor vehicles

And whereas the Council of The Corporation of the City of Waterloo considers it desirable to provide for a system of administrative penalties and administrative fees for the designated City by-laws, or portions of the designated City by-laws set out herein;

And whereas the Council of The Corporation of the City of Waterloo considers it important to ensure that a system of administrative penalties has policies in place to address issues such as undue hardship, conflict of interest, including implicit bias, and to provide for a process to respond to public complaints regarding the administration of the system;

Now therefore the 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 “Parking Administrative Penalty Bylaw”.


2.0 Definitions

2.1 Where words and phrases used in this by-law are not defined herein but are defined in the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended from time to time or any successor thereof (the HTA), the definitions in the HTA shall apply.

2.2 In this By-law: Administrative Fee – means any fee(s) specified in Schedule “B” of this By-law, as may be amended from time to time;

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;

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

Designated By-law – means a City by-law, or a part or provision of a City by-law, to which this Parking Administrative Penalty By-law applies, as designated under this By-law and listed in the attached Schedule “A”;

Director – means the Director of Municipal Enforcement Services of the City, 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 this By-law;

Fees & Charges By-law – means the Fees & Charges By-law No. 2019-003 of the City, as may be amended from time to time, or any successor thereof;

Hearing Decision – means a notice which contains the decision of a Hearing Officer, as set out in Section 6.14;

Hearing Non-Appearance Fee – means an Administrative Fee established by the City from time to time in respect of a Person’s failure to appear at the time and place scheduled for a hearing before a Hearing Officer, as listed in Schedule “B”;

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;

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; 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, as listed in Schedule “B”;

MTO Search Fee – means an Administrative Fee established by the City from time to time for any search of the records of, or any inquiry to, the Ontario Ministry of Transportation, or related authority, for the purposes of this By-law, as listed in Schedule “B”;

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;

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

Owner – means the Person whose name appears on the permit for the vehicle as provided by the Ontario Ministry of Transportation, and if the vehicle permit consists of a vehicle portion and a plate portion and different Persons are named on each portion, the Person whose names appears on the plate portion;

Penalty Notice – means a notice as described in Section 4.0 of 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 Section 4.3(b) of this Bylaw;

Person – includes an individual or corporation, or an authorized representative thereof.

Plate Denial Fee – means an Administrative Fee established by the City from time to time, in relation to plate denial in accordance with Section 9.5 of this Bylaw, as listed in Schedule “B”;

Provincial Offences Act – means the Provincial Offences Act, R.S.O., 1990, c. P. 33, as amended from time to time, or any successor thereof;

Regulation – means O. Reg. 333/07, made under the Municipal Act, 2001, as amended from time to time, or any successor thereof;

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, as set out in Section 5.8 of this By-law;

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; and

Statutory Powers Procedure Act – means the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as amended from time to time, or any successor thereof


3.0 Application of this bylaw

3.1 The City By-laws, or portions of City By-laws, listed in the attached Schedule “A” of this By-law shall be Designated By-laws for the purposes of Section 102.1 of the Municipal Act, 2001 and paragraph 3(1)(b) of the Regulation.

3.2 The attached Schedule “A” sets out the Administrative Penalty, and includes short form wording to be used on Penalty Notices, for the contraventions of Designated By-laws.

3.3 Schedule “B” of this By-law sets out the Administrative Fees imposed for purposes of this By-law.

3.4 Despite any other provision of a City By-law, the Provincial Offences Act does not apply to a contravention of a Designated By-law.


4.0 Penalty notice

4.1 If a vehicle has been left parked, standing or stopped in contravention of a Designated By-law the Owner of the vehicle 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.

4.2 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.

4.3 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) Time for payment of the Administrative Penalty, which shall be 15 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 Owner to the City; and

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


5.0 Review by screening officer

5.1 A Person who is served a Penalty Notice may, within 30 calendar days after the Effective Date of Service, request, in accordance with Section 5.3, that the Administrative Penalty be reviewed by a Screening Officer.

5.2 A Person who is served a Penalty Notice may, in accordance with Section 5.3, 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 5.6 of this Bylaw.

5.3 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.

5.4 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

5.5 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

5.6 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.

5.7 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 vehicle was not parked, standing or stopped in 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; or

c) Where the Screening Officer is satisfied, on a balance of probabilities, that it is otherwise in the interests of justice to do so

5.8 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 7.2 of this by-law.


6.0 Review by hearing officer

6.1 Any Person to whom a Screening Decision issued may request a review of the Screening Decision by a Hearing Officer, in accordance with Section 6.3, within 30 calendar days after the date on which the Screening Decision was issued.

6.2 A Person to whom a Screening Decision is issued may, in accordance with Section 6.3, 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 6.6 of this By-law.

6.3 A request for a review by the Hearing Officer, or for an extension of time to request a review before the Hearing Officer, 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 accordance with the form and manner as determined by the Director may not be accepted or processed, at the discretion of the Director.

6.4 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.

6.5 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.

6.6 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.

6.7 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.

6.8 On a review of the Screening Decision, the Hearing Officer may affirm the Screening Decision, or the Hearing 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 Hearing Officer is satisfied, on a balance of probabilities, that the vehicle was not parked, standing or stopped in contravention of the Designated By-law set out in the Penalty Notice; or

b) Where the Hearing 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 Administrative Fees, is necessary to reduce any undue hardship; or

c) Where the Hearing Officer is satisfied, on a balance of probabilities, that it is otherwise in the interests of justice to do so

6.9 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.

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

6.11 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.

6.12 In addition to anything else that is admissible as evidence in accordance with the Statutory Powers Procedure Act, the materials referred to in Section 6.11 are admissible as evidence as proof of the facts contained therein, in the absence of evidence to the contrary.

6.13 If evidence referred to in Section 6.11 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.

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

6.15 The decision of a Hearing Officer is final.

6.16 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


7.0 Service of documents

7.1 Service of a Penalty Notice in any of the following ways is deemed effective:

a) Affixing it to the vehicle in a conspicuous place at the time of the contravention;

b) Delivering it personally to the operator of the vehicle or the person having care and control of the vehicle at the time of the contravention;

c) Mailing it by regular mail to the Owner at the address as set out on the ownership as soon as reasonably practicable after the contravention; or

d) Delivering it personally to an occupant at the address of the Owner as set out on the ownership, who appears to be at least 16 years of age, as soon as reasonably practicable after the contravention.

7.2 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 Owner, who appears to be at least 16 years of age; or

ii) delivering it by regular mail to the Owner at the last known address of the Owner.

7.3 For purposes of this By-law, the last known address of the Owner shall be the address as set out on the vehicle ownership or, where an updated address has been provided in writing by the Owner to the Parking Enforcement Office of the City at the time of service, such updated address.

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

7.5 Any Penalty Notice affixed to the vehicle to which it applies, or any Penalty Notice or document delivered personally in accordance with this By-law, is deemed to have been served on the date and time of such delivery.

7.6 Service on a Person who is not the Owner, in accordance with this By-law, including service of a Screening Decision or Hearing Decision by handing it to the Person, shall be deemed to be service on the Owner.


8.0 Administration

8.1 The Director may:

a) Designate areas within the City, and times, for conducting reviews and hearings under this By-law;

b) Prescribe all forms, notices, including the Penalty Notice, guidelines, processes and procedures, necessary to implement the By-law and the administrative penalty system, and to amend such forms, notices, guidelines, procedures and processes from time to time as the Director deems necessary; 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


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 15 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 is not paid within 15 calendar days after it becomes due and payable, the Owner of the vehicle in respect of which the Penalty Notice was issued shall pay to the City an MTO Search Fee.

9.5 Where an Administrative Penalty is not paid within 45 calendar days after it becomes due and payable, the Owner of the vehicle in respect of which the Penalty Notice was issued shall pay to the City, in addition to any other fees, a Late Fee.

9.6 Notwithstanding Sections 9.4 and 9.5, where an Administrative Penalty is not paid within 15 calendar days after it becomes due and payable in accordance with a Hearing Decision, the Owner of the vehicle in respect of which the Penalty Notice was issued shall pay to the City, in addition to any other fees, an MTO Search Fee and a Late Fee.

9.7 Where an Administrative Penalty and any Administrative Fees are not paid within 60 calendar days after they become due and payable, the City may:

a) notify the Registrar of Motor Vehicles of the default and the Registrar shall not validate the permit of a person name in the default notice nor issue a new permit to that person, in respect of the vehicle to which the Administrative Penalty and Administrative Fees apply, until the penalty is paid, and the Owner of the vehicle in respect of which the Penalty Notice was issued shall, in addition to any other fees, pay to the City a Plate Denial Fee; and

b) pursue any other collection mechanisms available to the City pursuant to the Regulation or at law

9.8 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.

9.9 All amounts due and payable to the City pursuant to this By-law constitute a debt to the City owed by the Owner of the vehicle in respect of which the Penalty Notice was issued.

9.10 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 or the MTO Search 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

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

9.12 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.

9.13 Where the Person served with a Penalty Notice or issued a Screening Decision is not the Owner, the Owner may exercise any right that such Person may exercise under this By-law.

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

9.15 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.

9.16 Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday.

9.17 Any schedule attached to this By-law forms part of this By-law


10.0 Severability

10.1 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


11.0 Offences

11.1 Any Person, including but not limited to the Owner, 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.

11.2 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:

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

2. Only by that Person or the Person’s lawyer, licensed paralegal or authorized representative during the 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.

11.3 Any Person who contravenes Section 11.2 is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the Provincial Offences Act.


12.0 Effective date

12.1 This By-law shall come into force and effect on June 3, 2019.


13.0 Schedule A

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

Schedule A


 

Bring to top