Screening and Hearing Officers By-law 2022-72

1.1       This By-law shall be known and cited as the “Screening and Hearing Officer By-law”.

2.1       For the purposes of this by-law:

Administrative Penalty – means an administrative penalty imposed for a contravention of a Designated By-law, as set out in the Administrative Monetary Penalty By-law;

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

Council – means the elected Council of the Town;

Designated By-law – means any provision of a Town by-law to which the Administrative Monetary Penalty By-law applies, as designated therein;

Hearing Officer – means any person appointed from time to time pursuant to this By-law, to perform the functions of a hearing officer in accordance with this By-law and the Administrative Monetary Penalty By-law;

Joint Panel – means a panel comprised of representatives of the Town of Bradford West Gwillimbury and Town of Innisfil, as set out in the Policy for Appointment of Screening and Hearing Officers;

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;

Administrative Monetary Penalty By-law – means By-law No. 2022-56 of the Town, 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 the Town, and amended from time to time, or any successor thereof;

Power of Decision – means a power or right, conferred by or under this By-law and the Administrative Monetary Penalty System By-law, 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

Regulation – means O. Reg. 333/07, made under the Municipal Act, 2001, 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 Administrative Monetary Penalty By-law;

Screening Officer – means any person appointed from time to time pursuant to this By-law, to perform the functions of a screening officer in accordance with this By-law and the Administrative Monetary Penalty By-law; and

Spouse – means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage

Town – means The Corporation of the Town of Bradford West Gwillimbury;

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

3.1       The position of Screening Officer is established for the purpose of exercising the Power of Decision in the screening review of an Administrative Penalty, as set out in the Administrative Monetary Penalty By-law.

3.2       The Screening Officer shall have all the powers of a screening officer as set out in the Parking Administrative Monetary Penalty By-law and the Regulation.

4.1       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 Administrative Monetary Penalty By-law.

     a)     The Hearing officer shall have all the powers of a hearing officer as set out in the Administrative

             Monetary Penalty By-law and the Regulation.

     b)     Hearing Officer(s) shall be appointed by Council on the recommendation of the Joint Panel, in

             accordance with the Town’s Policy for Appointment of Screening and Hearing Officers. The

             recommendation shall give preference to an eligible candidate:

               i)     With good knowledge of, and experience in, administrative law; and

               ii)    Of good character

4.2       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 By-law or is no longer required by the Town.

4.3       Notwithstanding Section 7 of this By-law, Council may revoke the appointment of a Hearing Officer at any time, on the recommendation of the Joint Panel, if the Hearing Officer:

     a)     is found to have contravened any applicable Town policy relating to the administration of the

             Administrative Penalty system;

     b)     is found to have contravened any other requirement of the appointment; or

     c)     at any time during the appointment becomes ineligible for appointment

4.4      A Hearing Officer shall be remunerated at a rate as established by Council from time to time.

4.5       A Hearing Officer is deemed not to be an employee of the Town, but a person who holds an administrative position in accordance with Section 258 of the Municipal Act, 2001.

5.1       The following persons are not eligible for appointment as a Screening Officer or a Hearing Officer:

     a)      A member of Council;

     b)      A Relative of a member of Council;

     c)      In the case of a Hearing Officer, an employee of the Town;

     d)      A person indebted to the Town, other than:

               i)     In respect of current property taxes; or

               ii)    Pursuant to an agreement with the Town, where the person is in compliance with the terms

                      thereof

6.1       A Screening Officer or a Hearing Officer shall have no authority to further delegate his/her powers or duties.

6.2       Neither a Screening Officer nor a Hearing Officer has jurisdiction to consider questions relating to the validity of a statute, regulation or By-law or the constitutional applicability or operability of any statute, regulation or By-law.

6.3       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.

7.1       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.

8.1      This By-law shall come into force and effect on February 1^st, 2023.

Enacted this 2^nd day of August, 2022.

Original copy signed by Rebecca Murphy, Clerk and Rob Keffer, Mayor.