Appeal Tribunal By-law 2014-71

1.1.         In this by-law, the following words have the following meanings: 

(a)          “Appellant” means the person appealing a decision of the town to the Tribunal;

(b)          “Council” means the Council of The Corporation of the Town of Bradford West Gwillimbury;

(c)          “Dog Control By-law” means By-law 2006-27 as amended or any successor thereof. 

(d)          "Licensing By-law" means By-law 2014-70 as amended or any successor thereof;

(e)          “Member” means a member of the Tribunal;

(f)            “Town” means the Corporation of the Town of Bradford West Gwillimbury; and

(g)          “Tribunal” means the Bradford West Gwillimbury Appeal Tribunal established under this By-law.

2.     Bradford West Gwillimbury Appeal Tribunal 

2.1.           The Bradford West Gwillimbury Appeal Tribunal is hereby established (the "Tribunal").

2.2.           The Tribunal shall conduct the hearings and perform the duties that are assigned to it under this by-law.

2.3.           The Tribunal shall be composed of not fewer than five (5) individuals who shall be appointed by Council.

2.4.           The Tribunal shall meet as often as it decides necessary for the expedient resolution of its case load. 

3.     Rules of Procedure

3.1               The Rules of Procedure set out in Schedule "A" shall govern the Tribunal. The Rules of Procedure may be amended by the Tribunal for administrative efficiencies. Any large procedural amendments will be brought to Council for approval.

4.     Jurisdiction 

4.1.             The Tribunal shall hear appeals of decisions of the Town, which decisions carry a right of appeal to the Tribunal.

5.     How the Tribunal is to make its decision

5.1.           The Tribunal ·shall make decisions that further the public interest and are consistent with the purpose and intent of any relevant by-laws.

5.2.           The decision of the Tribunal is final and there is no right of further appeal to Council.

6.     Exception 

6.1.           If a quorum of Tribunal members cannot be convened, nothing prevents Council from convening a Committee of Council to hear a specific appeal arising under section 4.

6.2.           The Tribunal has no power to deal with a matter that has been referred to a Committee of Council convened under subsection 6.1.

6.3.           A Committee of Council convened under subsection 6.1 has all the powers with respect to that matter that the Tribunal would have under subsection 6.1 and the decision of the Committee of Council shall be final without being required to have its decision ratified by Council.

7.     Licensing By-laws Appeals 

(a)  grant a licence, with or without conditions;

(b)  refuse an application for a license;

(c) refuse to reinstate a license;

(d) revoke a license;

(e) suspend a license; or

(f) alter, cancel, or impose· a term or condition on a license.

8.     Dog Control By-laws Appeals

(a)  affirm, vary, or rescind any such order, designation or notice; and

(b)  place additional, vary or substitute with its own, any requirements that were placed upon an animal subject to such order, designation or notice issued under the Dog Control By-law.

9.     Hearing Procedure

9.1.           An appeal is commenced by the filing of a written notice/request for appeal with the Town Clerk, accompanied by the payment of the fee (if any) within the applicable appeal period set out in the Town's Licensing By-law or Dog Control By-law, calculated according to the Rules of Procedure, after the appellant receives the decision or notice from the Town that is to be appealed, or is deemed to have received the decision, whichever is earlier.

9.2.           On receipt of a written request for an appeal hearing from the appellant, the Town Clerk shall schedule a hearing and shall give reasonable notice to the appellant, as set out in the Rules of Procedure.

9.3.           A decision by the Tribunal is a statutory power of decision within the meaning of the Statutory Powers Procedure Act, R.S.O. 1990, c. 8.22, as amended, which applies to the Tribunal and hearing conducted by the Tribunal with the exception of sections 17.1 (power to award costs), and section 18 (requirement to send copies of final decision and order).

9.4.            If the panel of the Tribunal requires, it may meet privately to inspect the property, to deliberate, or to write a decision or order.

9.5.            When an appellant who has been given written notice of the hearing does not attend at the appointed time and place, the Tribunal may proceed in his or her absence, and the appellant shall not be entitled to any further notice of the hearing.

9.6.           Notice of the Tribunal's decision shall be provided as per the Rules of Procedure.

10.          Late and Insufficient Appeals 

10.2.           The Tribunal may extend the time for filing the appeal if it is satisfied that there are apparent grounds for the appeal and a reasonable excuse for the delay or insufficiency of notice.

11.     No Liability 

11.1.           No member of the Tribunal or Council, or any Town employee, is personally liable for anything done by it, or him or her, under authority of this by-law.

12.          General Provisions

12.1.           This by-law may be cited as the "Appeal Tribunal By-law".

12.2.           This by-law shall come into force and take effect on the date it is enacted.

Enacted this 7^th day of October, 2014.

Original copy signed                                              Original copy signed                                                   

Rebecca Murphy, Clerk                                           Doug White, Mayor