This is the exact embedded text of the captured official document.
Snapshot 1d25620540ca · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
OFFICE CONSOLIDATION
This is a consolidation of the Town's by-law to establish standards for the
maintenance and occupancy of property being By-law 98-155 as amended
by By-law 99-126, 2004-14, 2004-152, 2007-31, 2015-021 and 2018-82.
This is prepared for reference and information purposes only. The following
consolidation is an electronic reproduction made available for information
only. It is not an official version of the by-law. Official versions of all by-
laws can be obtained from the Legislative Services Section by calling (905)
584-2272. If there are any discrepancies between this consolidation and
By-laws 98-155, 99-126, 2004-14, 2004-152, 2007-31, 2015-021 and 2018-
82 the By-laws shall prevail.
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 98-155
Being a by-law to establish standards for the maintenance
and occupancy of property in the Town of Caledon and to
repeal By-law Numbers 86-24, 87-247, 92-05, 92-71, 96-50
WHEREAS pursuant to section 15.1 (3) of the Building Code Act, (S.O. 1992, c.23, as
amended), a by-law may be passed by the council of a municipality relating to property
standards provided that an official plan that includes provisions relating to property
conditions is in effect in the municipality;
WHEREAS the Official Plan for The Corporation of the Town of Caledon includes provisions
relating to property conditions;
WHEREAS the Council of The Corporation of the Town of Caledon is desirous of passing a
by-law under section 15.1(3) of the Building Code Act;
NOW THEREFORE, the Council of The Corporation of the Town of Caledon hereby
ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this by-law,
"building" includes a structure used for or intended for supporting or
sheltering any use or occupancy;
"clerk" means the Clerk for The Corporation of the Town of Caledon;
[Amended by By-law
"corporation" means The Corporation of the Town of Caledon;
2018-82, effective
December 18, 2018]
"Council" means the council of The Corporation of the Town of Caledon;
"demolish" includes the doing of anything in the removal of a building or
structure or part thereof;
"occupant" includes any person or persons over the age of eighteen years in
possession of the property;
"officer" means a property standards officer who has been assigned the
responsibility of administering and enforcing this by-law;
"owner" includes the person for the time being managing or receiving the rent
of the land or premises in connection with which the word is used, whether
on his own account or as agent or trustee of any other person or who would
so receive the rent if such land and premises were let, and shall also include
a lessee or occupant of the property who, under the terms of the lease, is
required to repair and maintain the property in accordance with the standards
for the maintenance and occupancy of property;
"property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto, and all mobile
structures, outbuildings, fences and erections whenever erected, and
includes vacant property;
"repair" includes the provision of such facilities, and the making of additions
or alterations or the taking of such actions as may be required so that the
property shall conform to the standards established under this by-law;
"standards" means the standards of physical condition and occupancy of
property set out in this by-law;
"Town" means The Corporation of the Town of Caledon in the Regional
Municipality of Peel.
SCOPE
2.
This by-law shall apply to all property in the Town.
PROPERTY STANDARDS COMMITTEE
[Amended by
By-law 2018-82, 3.
The Property Standards Committee for the Town of Caledon is hereby
effective December
established.
18, 2018]
4.
The Property Standards Committee shall be composed of five members
who shall be appointed by Council through By-law.
SCHEDULES
5.
The standards for maintenance and occupancy of property set out in
Schedule A to this by-law are prescribed as the minimum standards and
Schedule A from part of this by-law.
6.
The Rules of Procedure for the Property Standards Committee are
attached as Schedule B to this By-law and from part thereof.
7.
The per diem for the members of the Property Standards Committee shall
be set out in Schedule C attached to and forming part of this By-law.;
PROHIBITION
___________________________________
8.
(1)
No person shall use or occupy, or permit the use or occupancy of any
property except in accordance with the standards set out in Schedule
A.
___________________________________
(2)
The owner of any property which does not conform to the standards
in Schedule A shall repair and maintain the property to conform to the
standards or shall clear the property of all buildings, structures,
debris or refuse and leave it in a graded and levelled condition.
Original section 5 to by-law 1998-055 was deleted effective March 24, 2015
PENALTY
9.
Any person who contravenes a provision of this by-law is guilty of an offence.
REPEAL
10.
By-law numbers 86-24, 87-247, 92-05, 92-71, 96-50 are hereby repealed.
SHORT TITLE
11.
This By-law may be referred to as the "Property Standards By-law".
By-law read three times and finally
passed in Open Council
this 21st day of December 1998.
Carol Seglins, Mayor
Marjory Morden, Clerk
[By-law 2004-152
SCHEDULE "A" TO BY-LAW 98-155
effective Aug 10/04]
DEFINITIONS
1.
In this Schedule;
"average level of illumination" means the average intensity of illumination from floor
level to be calculated using at least one measurement for every nine square metres
(96.9 square feet) of floor area;
"Building Code" means the regulations made under section 34 of the Building Code
Act, 1992, S. O 1992, c. 23, as amended;
"dwelling" includes a building or structure or any part thereof which is intended to be
used for the purpose of human habitation, and includes a building that would or
could be used for such purposes except for its state of disrepair;
"dwelling unit" means one or more rooms located in a dwelling and used or intended
to be used for habitation by any one or more persons;
"Electrical Safety Code" means the regulations made under section 113 of the
Electricity Act, 1998, S. O. 1998, c. 15, Sch. A, as amended;
"Fire Code" means the regulations made under section 12 of the Fire Protection and
Prevention Act, 1997, S. O. 1997, c. 4, as amended;
"multiple occupancy residential building" means a building containing more than two
dwelling units;
STRUCTURAL CAPACITY
2.
Every building or structure or part of a building or structure shall be structurally sound
and maintained in a condition so that it has sufficient structural capacity to resist
safely and effectively all loads and the effects of loads and influences that may
reasonably be expected, having regard to its expected uses and service life.
FOUNDATION AND FOUNDATION WALLS
3.
The foundations and the foundation walls of every building or structure or part of a
building or structure shall be structurally sound and maintained in that condition so
that all masonry cracks are grouted; walls, joists, beams or other exposed wood
members are waterproofed; and so that there are adequate subsoil drains at footing
levels and that jacking, underpinning or shoring under the authority of a valid
Building Permit is done where necessary.
EXTERIOR WALLS
4.
(1)
(a)
The exterior walls of every building or structure or part of a building or
structure must be structurally sound, weather proof and free of loose
and unsecured objects and materials.
(b)
Improperly secured objects and materials shall be either removed,
repaired or replaced.
(2)
All brick and stonework, cornices, entablatures, belt courses, parapet walls,
corbels, terra-cotta trim, wall facings, and similar decorative features shall be
maintained in good repair and safe condition with proper anchorage.
(3)
Cladding on the exterior walls of all buildings or structures shall consist of
masonry, stucco, wood, metal or other similar materials that provide at a
minimum the level of wind, water and vapour protection as required by the
Building Code and shall be maintained in a state of good repair.
EXTERIOR DOORS, WINDOWS AND EXTERIOR TRIM
5.
(1)
The exterior doors, windows and exterior trim of every building or structure
or part of a building or structure, shall be maintained in a good state of repair,
properly fitted to prevent the entrance of the elements and painted or
otherwise treated to provide protection against decay and rust.
(2)
All windows in a multiple occupancy residential building that are capable of
being opened shall be restricted from opening more than 100mm (4 in.) or
with a heavy duty screen conforming to CAN/CSA-A440-M "Windows";
(3)
All dwelling units that are rented shall have screens installed in a secure
manner on all windows capable of being opened windows and exterior patio
doors.
(4)
All exterior doors and windows shall be equipped with locks that are
maintained in a state of good repair and in an operative condition.
EXTERIOR STAIRS, PORCHES AND DECKS
6.
(1)
All exterior stairs, stairways, decks, porches, awnings, canopies, fire escapes
and other related structures shall be structurally sound, properly painted or
otherwise treated, and free of loose and unsecured objects and materials.
(2)
Where there is a difference in elevation between adjacent levels of 600 mm
(24 in.) or more, a guard shall be installed that is sound, rust/decay free, safe
and clean and firmly fastened. Such guards shall comply with the
requirements of the Building Code and be maintained in a state of good
repair.
(3)
All exterior stairs and stairways with more than three (3) risers shall be
provided with a handrail and guard that complies with the requirements of the
Building Code and be maintained in a state of good repair.
BALCONIES
7.
(1)
Balconies shall be structurally sound, and shall not allow the ponding of
water.
(2)
All balconies shall be enclosed by a sound rust/decay free, safe and clean
guard that has been treated or painted to resist rust or decay and firmly
fastened to the main structure. Such guards shall comply with the
requirements of the Building Code and maintained in a state of good repair.
ROOFS
8.
(1)
(a)
The roof of every building or structure shall be structurally sound
weatherproof and free of loose and unsecured objects and materials.
(b)
Improperly secured objects shall be either removed, repaired or
replaced.
(2)
All roof flashing shall be secured, free of rust and maintained in a serviceable
condition.
CHIMNEYS
9.
Every chimney, smoke pipe, vent, flue or other similar apparatus serving a heating
device, system or solid fuel burning appliance shall be maintained in a safe/usable
condition and have all required inspections as required by the Fire Code.
TELEVISIONS AND RADIO ANTENNAE
10.
Television and radio antennae and other similar structures shall be securely
anchored and maintained in a safe and good condition.
INTERIOR CEILINGS, WALLS AND DOORS
11.
(1)
All interior ceilings and walls shall be watertight, free from dampness,
reasonably free from drafts and maintained in a safe and sound condition
free of loose material.
(2)
All paint, or other wall covering, which is stained or deteriorated shall be
repainted and repaired.
(3)
Missing or loose ceiling or wall tiles shall be repaired or replaced.
(4)
Interior exit doors must be maintained in a good condition, in an operable
condition for opening and closing, and shall be equipped with locks that are
maintained in a state of good repair.
INTERIOR STAIRS
12.
(1)
Interior stairs, stairways, stairwells and landings of every building or structure
shall be in a safe and clean condition, and
(a)
shall be replaced or repaired in a good workmanlike manner if they
have excessively worn, broken, warped or loose treads or worn tread
coverings,
(b)
handrails and guards that comply with the requirements of the
Building Code shall be provided on all interior stairs with more than
two (2) risers and
maintained in a state of good repair.
FLOORS AND FLOOR COVERINGS
13.
All interior floors and floor coverings of every building or structure shall be:
(a)
free from dampness and maintained in a safe and clean condition, and
(b)
replaced or repaired in a good workmanlike manner if the floor boards or
floor coverings become excessively worn, broken, warped or twisted.
LIGHTING
14.
(1)
Lighting fixtures shall be installed and maintained in all areas inside and
outside every building or structure in compliance with the requirements of the
Building Code including providing the required illumination levels.
(2)
Exterior lighting fixtures shall be installed and maintained so as to prevent
the light source from shining directly into a neighbouring dwelling unit or
increasing the light intensity on any adjacent roads so as to create an unsafe
condition.
H.V.A. C. AND MECHANICAL SYSTEMS
15.
(1)
All heating, ventilation and mechanical systems shall be provided, maintained
and operated free of safety hazards and capable of maintaining adequate and
suitable heat in accordance with the Town's applicable by-law.
(2)
Any duct work that is part of a heating and/or ventilating system shall be kept
in a clean and sanitary condition free of dust, mold, mildews, or any other
health hazard.
ELECTRICAL SYSTEMS
16.
(1)
All buildings, where required by the Building Code or the Electrical Safety
Code, shall be connected to an electrical supply system and shall be wired to
receive electricity.
(2)
The capacity of the connection to the buildings and systems of circuits and
electrical outlets distributing the electrical supply within the buildings shall be
adequate for the use and intended use and shall be maintained in good
working order, free from fire hazards, and in compliance with the Electrical
Safety Code.
DRAINAGE, PLUMBING AND SEWAGE SYSTEMS
17.
(1)
All buildings shall be provided with drainage and plumbing systems which are
installed in accordance with the requirements of the Building Code,
maintained in good working order and free from leaks, defective dripping taps
or other defects.
(2)
(a)
Where water run-off from roof surfaces discharges into an
eavestrough or gutter, the eavestroughs or gutters shall be connected
to downspouts which are either connected to the storm sewer serving
the building or discharge directly over the surface of the ground.
(b)
Where a downspout discharges directly over the surface of the
ground, the downspout shall be provided with extensions to carry
rainwater away from the building in a manner which will prevent soil
erosion.
(3)
Where a building is served by a private sewage system, the sewage system
shall be maintained in a good state of repair and in accordance with the
requirements of the Building Code.
(4)
All dwelling units shall be provided with hot and cold running water along with
a water closet, vanity and bathtub or shower located in the same room which
shall be accessible from within the dwelling unit and have a door capable of
being locked so as to provide privacy for the occupant.
LAUNDRY ROOMS, STORAGE ROOMS, RECREATION ROOMS, AND CHILDREN'S
PLAY AREAS CONTAINED WITHIN MULTIPLE OCCUPANCY RESIDENTIAL BUILDINGS
AS COMMON AREAS
18.
(1)
Laundry and recreational equipment shall be maintained in a safe working
state of repair.
(2)
All common use rooms including rooms used for storage, laundry, children
play areas or recreational purposes shall be kept clean and free from health,
fire and safety hazards.
(3)
All equipment in a children's play area shall be installed and maintained in a
safe and operable condition.
PARKING GARAGES
19.
(1)
Lighting fixtures in all parking garages shall be maintained in good working
condition.
(2)
Every parking garage shall be illuminated with an adequate number of light
fixtures so as to maintain an average level of illumination of at least fifty (50)
lux (4.6 foot candles).
(3)
The minimum level of illumination at any location on a floor of a parking
garage shall not be less than eleven (11) lux (1 foot candle).
(4)
One (1) measurement of intensity of illumination made at floor level for every
nine (9) square metres (96.9 square feet) of floor area shall be used in
establishing the average level of illumination.
(5)
All walls, columns and ceilings shall be painted white in colour and shall be
maintained in a good state of repair.
(6)
All ventilation systems within parking garages shall be maintained in good
working
order at all times.
GARBAGE, COMPOST, REFUSE STORAGE ROOMS AND VERTICAL REFUSE SPACE
20.
(1)
All fire rated doors, closures and fire rated separations shall be installed and
maintained on all garbage and refuse storage rooms as required by the
Building Code and the Fire Code.
(2)
All refuse storage rooms, vertical refuse service spaces, exterior refuse
enclosures and refuse containers shall be operable, accessible at
reasonable times and maintained in a state of good repair and kept in a
clean and sanitary condition free from accumulation of garbage, odours ,
insects and other pests.
(3)
Every person shall provide or install sufficient disposable or re-usable
containers, garbage receptacles or garbage enclosures in buildings or on the
property of sufficient size so as to safely contain all garbage, rubbish, waste
and other refuse until it can be removed in accordance with the applicable
by-law.
(4)
All garbage, refuse/waste containers, compost, compost containers and
composters kept on a property shall be stored in a manner so as not to allow
offensive odours to effect the surrounding properties or attract rodents,
vermin, pests or other animals to the property.
LAND
21.
All exterior property areas, including vacant land, shall be maintained in a clean and
reasonable condition so as to prevent fire, accidents or health hazards, and in
particular:
(1)
(a)
No wrecked, dismantled, inoperative, discarded, unused or
unlicensed vehicles, trailers, boats, machinery or objects or parts
thereof, or
(b)
No vehicles, boats or trailers which do not openly display any permit,
licence, certificate, plate or sticker, which is required pursuant to the
provisions of the Highway Traffic Act or similar legislation
shall be placed, stored or left on land, except where such articles are
required and used for business purposes permitted under the Town's land
use by-laws and where such articles are placed, stored, or left in a manner
which avoids an unsafe or unsightly condition deleterious to the neighbouring
environment.
(2)
Any part of a yard that is low lying or has excavated so that it accumulates
water, shall be drained, filled and graded so that the water drains to a storm
sewer or ditch. Swimming pools, ornamental pools and agricultural ponds
shall not be included in this requirement.
(3)
Every hard surfaced walkway, driveway, parking area or laneway shall be
evenly graded and maintained free of potholes or uneven sections.
(4)
Dilapidated, collapsed or unfinished structures and all accumulations of
material, wood, debris or other objects that create an unsafe or unsightly
condition, deleterious to the neighbouring environment, shall be removed.
(5)
All grassed and landscaped areas on developed lots or on vacant lots shall
be cut and maintained in a reasonable condition in relation to the
neighbouring environment.
(6)
All trees, hedges and bushes shall be maintained and trimmed in relation to
the neighbouring environment and any decayed or damaged trees or limbs
which create an unsafe condition shall be removed.
(7)
All exterior property areas, including vacant land, shall be maintained to
prevent accumulations of dust, dirt, rubbish, garbage, brush, waste and other
debris.
(8)
All parking and loading areas on property shall be surfaced with the
appropriate material so that no tracking of mud or other debris onto the
highway occurs at any time of the year.
FENCES/SCREENING/HOARDING
22.
(1)
All fences, hoarding and other forms of screening shall be erected and
maintained so that they:
(a)
do not cause or create an unsightly appearance;
(b)
are structurally sound, in a vertical position;
i.
are in a condition free of safety hazards and in a state of good repair;
and
ii.
are kept free of signs and posters unless such signs and posters are
authorized by the Town.
(2)
Fences shall not be used as a support for any structure, object or thing that
is capable of or is causing force to be exerted against or upon the fence.
(3)
Where the outside storage of goods, materials and equipment is permitted in
accordance with the applicable land use by-law, such goods, materials and
equipment shall be screened by fencing which is effective to avoid an
unsightly condition deleterious to the neighbouring environment.
LANDSCAPING
23.
All landscaping, hedges, trees, fences, curbs, retaining walls or similar changes to
property which have been installed as part of a development or redevelopment
project shall be maintained so as to ensure continuous compliance with the Town's
requirements.
PEST PREVENTION
24.
All interiors and exteriors of buildings shall be kept free of garbage and refuse at all
times so as to prevent the infestation of pests such as rodents, vermin, insects, birds
and methods used for exterminating rodents, vermin, and insects shall be in
accordance with the provisions of the Pesticides Act, R. S. O. 1990, c. P. 11, as
amended, and all regulations passed pursuant thereto.
NOISE ABATEMENT
25.
All noise abatement systems and components shall be maintained so that they
perform their intended function and are kept in a good state of repair.
SWIMMING POOLS
26.
(1)
All swimming pools, wading pools, artificial ponds, any accessory equipment
or part or parts thereof shall be maintained in good repair free from leaks,
mechanical or structural disrepair, or any other defects, accumulations of
stagnant water, and free from any safety or health hazard.
(2)
All swimming pools, wading pools, artificial ponds, accessory equipment or
part or parts thereof which are not operated shall be removed, or fitted with a
suitable cover so as to prevent visual blight, the entrance of elements, and/or
the infestation of pests or insects.
DRAINAGE
27.
(1)
No person shall drain or cause to be drained any water from their property to
adversely affect any adjacent or downstream properties.
(2)
No person shall block or cause a blockage of an established drainage area
or swale that adversely affects any upstream properties.
GRAFFITI
28.
All property, including but not limited to, buildings, structures, fences or other objects
shall be kept clean of graffiti at all times.
BOARDED BUILDINGS
29.
(1)
Where the exterior doors, windows or other openings to vacant, partially
vacant or abandoned buildings or structures are broken, improperly fitted or
otherwise in disrepair the property owner shall board the building or structure
as a security/safety repair measure so as to prevent the entrance of
unauthorized persons, or elements, or the infestation of pests.
(2)
The boarding as required under subsection (1) shall comply with the
following requirements:
(a)
all boards used in the boarding shall be installed from the exterior
and properly fitted within the frames of the opening in a watertight
manner by nails or screws at least 50 mm in length and spaced not
more than 150 mm on centre;
(b)
all boards shall be painted or otherwise treated so that the colour
blends with the exterior of the building; and
(b)
all openings that are required to be boarded shall be securely boarded with a
solid piece of plywood that is at least 12 mm thick or metal plate that is at least 3
mm thick.
Amended by By-law 2018-82, effective December 18, 2018.
Schedule B - Rules of Procedure
Part 1 - Definitions
1.1
In Schedule B and Schedule C of this By-law:
"Agent" means, in respect of a hearing, counsel or licensed paralegal, or any other individual
authorized to represent one or all of the parties to the appeal, including the Town and/or the
appellant;
"Appellant" means a person that has filed or is filing a Notice of Appeal requesting a hearing
before the Property Standards Committee in respect of the Property Standards By-law and
may include an agent on behalf thereof;
"Chair" means the Chair of the Property Standards Committee;
"Coordinator" means an employee of the Town who has been assigned to perform the
administrative tasks required by the Property Standards Committee, on behalf of the Town
Clerk;
"Council" means the Council for The Corporation of the Town of Caledon;
"Document" means written material, files, photographs, maps, plans, surveys, sound
recordings, videotapes, and any information recorded or stored by any means;
"Hearing" means an appeal hearing before the Property Standards Committee;
"Member" means a person appointed by Council to preside over the Property Standards
Committee;
"Notice of Decision" means a written decision made by the Property Standards Committee;
"Notice of Hearing" means the notice issued to the parties of the appeal, setting out the date,
time and location of the hearing;
"Property Standards Committee" means the local board established pursuant to this By-law
for the purposes of considering appeals with respect to the Town's Property Standards By-
law;
"Quorum" means a majority of the members including the Chair for the purposes of
transacting the business of the Property Standards Committee;
"Town" means The Corporation of the Town of Caledon;
"Town Clerk" means the Town Clerk for the Town or a designate on behalf thereof.
Part 2 - Application of Rules
General
2.1
These Rules of Procedure apply to all hearings before the Property Standards
Committee subject to the Town's Property Standards By-law, the Statutory Powers
Procedure Act, R.S.O. 1990, c. S.22 and any other applicable legislation.
2.2
The Property Standards Committee may, at any time, as it deems necessary,
dispense with compliance with any rule herein, save and except those prescribed as
mandatory by the Statutory Powers Procedure Act, R.S.O. 1990, c. s.22 and any
other legislation governing the Property Standards Committee.
2.3
These Rules of Procedure shall be liberally construed to secure the just, most
expeditious and cost-effective determination of every proceeding on its merits.
2.4
Where a party to an appeal has not complied in full with any Rule herein, the
Property Standards Committee may:
(1) adjourn the proceeding until satisfied that such Rule has been complied with;
and
(2) take any other step as it considers just and reasonable.
2.5
A party to a proceeding may be represented by an agent.
2.6
The Property Standards Committee may meet monthly or as often as is necessary
for the expedient resolution of appeals in accordance with these Rules of Procedure.
2.7
Hearings shall be held at the Town of Caledon Town Hall at 6311 Old Church Road,
Caledon, unless otherwise specified in the Notice of Hearing.
2.8
The Coordinator shall administer oaths and affirmations for the purpose of a hearing.
Jurisdiction
2.9
The Property Standards Committee shall hear appeals pursuant to the following
Town By-laws:
(1) Property Standards By-law
Part 3 - Tenure of Members
Term
3.1
The member's term on the Property Standards Committee shall coincide with the
term of Council that appointed him or her, or until such time as their successor(s)
are appointed.
3.2
A member shall not be appointed for more than 3 consecutive terms of Council (for a
total of 12 years). Any interim appointments are not to be included in the
consideration of the total term of appointment of the member.
Vacancies of the Property Standards Committee Members
3.3
Subject to Section 3.4 of these Rules of Procedure, a vacancy on the Property
Standards Committee shall occur if a member is absent for 3 successive meetings of
the Property Standards Committee without confirmation from Council.
3.4
A member who is unable to carry out his/her duties through illness or otherwise shall
provide a note to the Town Clerk advising of the absence and the anticipated date of
return. The Town Clerk shall notify Council and Council shall then confirm the
absence or deem the seat vacant. Upon Council's confirmation, a member may be
absent from his/her seat for 3 successive meetings of the Property Standards
Committee from the date of his/her notice of illness or otherwise.
3.5
In an election year, if a vacancy should occur on the Property Standards Committee,
the seat may remain vacant until Council is completing its membership appointment
for the new term.
3.6
Members requesting a temporary leave of absence or intending to resign from the
Property Standards Committee should provide adequate written notice to the
Coordinator prior to such action.
Part 4 - Property Standards Committee Chair
4.1
At its first meeting, the members shall appoint one member as the Chair.
4.2
When the Chair is absent the Property Standards Committee shall appoint another
member to act as Chair for that meeting.
4.3
The Chair will:
(1) call the hearings to order;
(2) preside over the appeals heard by the Property Standards Committee;
(3) enforce the observance of order and decorum during all hearings;
(4) give direction to the Coordinator and Town Staff; and
(5) direct the administrative duties and functions of the Property Standards
Committee.
4.4
If the Chair resigns, either as Chair or as member, before the end of the term, the
remaining members of the Property Standards Committee shall appoint another
member as Chair for the balance of the current term, or until a successor is
appointed.
Part 5 - Property Standards Committee Requisites
Quorum
5.1
A majority of the members must be present to achieve quorum for a hearing.
5.2
If no quorum is present 30 minutes after the time appointed for the commencement
of the hearing, the Coordinator shall cancel the hearing and shall reschedule the
hearing in accordance with these Rules.
5.3
Notwithstanding Section 5.1, when the number of members who refrain from
participating in debate of a matter, or voting by reason of having declared an interest
according to the provisions of the Municipal Conflict of Interest Act, leaves a
remaining number of members that does not make quorum, the remaining members
will be deemed to constitute quorum, provided that not less than two 2 members
remain present to continue the hearing.
Voting
5.4
All actions taken by the Property Standards Committee shall be voted on and the
decision made by majority vote.
5.5
Members, including the Chair, may vote on all motions and other questions
submitted at a hearing.
5.6
In the case of a tie vote, the motion or question shall be deemed to have been lost.
Part 6 - Record of Hearings
Electronic Record
6.1
The Coordinator shall record by electronic method the hearings of the Property
Standards Committee.
6.2
Other than the Coordinator, no person shall take or attempt to take a photograph,
motion picture, audio recording or other record capable of producing visual or aural
representations by electronic means or otherwise at a hearing before the Property
Standards Committee that is open to the public, without the Property Standards
Committee's consent.
Minutes of Property Standards Committee Hearings
6.3
The Coordinator shall prepare minutes of the hearing without note or comment.
6.4
The minutes of the hearing shall include the Notice of Decision of the Property
Standards Committee.
6.5
Where a hearing is open to the public, every declaration of a pecuniary interest, and
the general nature thereof, made pursuant to Section 12.3 shall be recorded in the
minutes of the meeting by the Coordinator.
6.6
Where a hearing is not open to the public, every declaration of a pecuniary interest
made pursuant to Section 12.3, but not the general nature of that interest, shall be
recorded by the Coordinator in the minutes of the next meeting that is open to the
public.
Part 7 - Notice Requesting an Appeal
7.1
An appeal is commenced by the filing of a Notice of Appeal in the form approved by
the
Town Clerk, in accordance with the provisions of the Property Standards By-law as
applicable.
7.2
A complete Notice of Appeal shall include:
(1) a copy of the decision or order giving rise to the appeal;
(2) a statement setting out the grounds for the appeal;
(3) the name, telephone number, email address and address for service of the
appellant and/or the agent on behalf thereof;
(4) the original signature of the appellant and/or agent on behalf thereof;
(5) a notice regarding accommodations respecting language, visual or audial
impairment or otherwise; and
(6) payment of the non-refundable appeal fee as set out in the Town's Fees By-
law.
7.3
A complete Notice of Appeal shall be received by the Town Clerk before the close of
business, being 4:30 p.m., on the last day the appeal may be filed and such Notice
of Appeal shall only be provided by personal delivery, regular or registered mail.
7.4
Where a Notice of Appeal is not complete, the Town Clerk shall refuse the Notice of
Appeal and shall inform the appellant of the material required in order to complete
the Notice of Appeal.
7.5
If a Notice of Appeal is received after the appeal deadline the Town Clerk shall
refuse the Notice of Appeal and shall advise the appellant in writing that:
(1) the appeal is denied based on the late filing; and
(2) the decision or order under appeal is final and binding.
Part 8 - Preparation for a Hearing
Scheduling of Hearing
8.1
Within 60 days of receipt of a complete Notice of Appeal by the Town Clerk:
(1) the Coordinator shall contact the members to advise them of the Appeal and to
confirm quorum for the next hearing date; and
(2) the Coordinator shall schedule a hearing, and shall give reasonable notice to
the required parties.
8.2
The Notice of Hearing shall contain:
(1) the date, time, location and purpose of the hearing;
(2) a reference to the statutory authority under which the hearing will be held; and
(3) a statement that if the appellant does not attend at the hearing, the Property
Standards Committee may proceed in the appellant's absence and the appellant
will not be entitled to any further notice in the proceeding.
Agenda
8.3
The Coordinator shall compile an agenda for each hearing to include all appeals to
be dealt with at that hearing date.
8.4
The Coordinator shall provide a copy of the agenda for each hearing to the members
and counsel for the Property Standards Committee at least seven 7 days prior to the
hearing date with the exception of where a lesser amount of time is deemed
sufficient and/or necessary in the discretion of the Town Clerk.
8.5
A copy of the agenda may be posted to the Town's website.
Book of Evidence
8.6
The Coordinator shall prepare a book of evidence for each appeal to be distributed to
the required parties.
8.7
A copy of the book of evidence for each hearing shall be provided to the members
and counsel for the Property Standards Committee prior to or on the date of the
hearing.
Withdrawal of Appeal
8.8
An appeal may be withdrawn prior to the hearing date by filing a letter of withdrawal
with the Town Clerk as soon as reasonable.
8.9
If the Town Clerk receives a withdrawal of appeal prior to the hearing date, notice of
cancellation of that particular hearing shall be sent to all persons who received the
Notice of Hearing.
Effect of Non-Attendance at a Hearing
8.10
Where a Notice of Hearing has been given to a party and the party does not attend at
the hearing, the Property Standards Committee may proceed in the absence of the
party and the party is not entitled to any further notice in the proceeding.
Part 9 - Filing Documents
9.1
If an appellant intends to make use of any documents as evidence at the hearing,
the appellant shall provide 10 copies of each item by personal delivery, regular or
registered mail and such items shall be required to be received by the Town Clerk to
allow for three full business days prior to the hearing date and, for further
clarification, the hearing date shall not be included in the three day period.
9.2
The Coordinator shall distribute copies of the appellant's documents to the required
parties.
9.3
The appellant shall include with the documents a statement of his or her address,
telephone number, email address and the name of the proceeding to which the
documents relate.
Part 10 - Adjournments
10.1
A hearing may be adjourned at the discretion of the Property Standards Committee
upon its own motion or upon the motion of a party where that party satisfies the
Property Standards Committee that the adjournment is required to permit an
adequate hearing to be held.
10.2
In deciding whether to grant an adjournment, the Property Standards Committee may
consider one or more of the following factors:
(1) the sufficiency of the reasons advanced for the request to adjourn;
(2) the timeliness of the request;
(3) the resources of the Property Standards Committee;
(4) the prejudice to the parties;
(5) whether any adjournments have been granted previously;
(6) the consent of the parties; and
(7) any other relevant factor.
10.3
The Property Standards Committee may grant adjournments on such terms and
conditions as it considers advisable.
10.4
The Property Standards Committee may, in its discretion, refuse an adjournment
even though the parties consent.
Part 11 - Legal Advice to Property Standards Committee Members
11.1
Members of the Property Standards Committee participating in a hearing shall not
have taken part, before the hearing, in any communication directly or indirectly in
relation to the subject-matter of the hearing, with any person, or with any party or
agent, except upon notice to and with opportunity for all parties to participate, but the
Property Standards Committee may seek legal advice from counsel to the Property
Standards Committee and, in such case, the nature of the advice should be made
known to the parties in order that they may make submissions as to the law.
Part 12 - Witnesses
Order for Witness Statements
12.1
The Property Standards Committee may order a party to the hearing to provide
witness statements or summary of the evidence witnesses will give, including expert
witnesses.
Rights of Parties to Examine Witnesses
12.2
A party- to a proceeding may, at a hearing:
(1) call and examine witnesses and present evidence and submissions; and
(2) conduct cross-examinations of witnesses at the hearing to the extent reasonably
required for a full and fair disclosure of all matters relevant to the issues in the
hearing.
Summons to Witness
12.3
The Property Standards Committee may issue a summons to a witness on its own
initiative or upon request of a party in accordance with the Statutory Powers
Procedures Act, R.S.O. 1990, c. S.22.
Abuse of Process
12.4
The Property Standards Committee may make such orders or give such directions in
proceedings before it as it considers proper to prevent abuse of its processes.
12.5
The Property Standards Committee may reasonably limit further examination or
cross- examination of a witness where it is satisfied that the examination or cross-
examination has been sufficient to disclose fully and fairly all matters relevant to the
issues in the proceeding.
12.6
The Property Standards Committee may exclude from a hearing anyone, other than
a person licensed under the Law Society Act, R.S.O. 1990, c. L.8 appearing on
behalf of a party or as an agent if it finds that such person is not competent to
properly represent or to advise the
party or witness or does not understand and
comply at the hearing with the duties and responsibilities of an advocate or adviser.
Part 13 - Hearing Procedures
Opening Procedures
13.1
The Chair shall call the hearing to order and read an opening statement outlining the
procedure and format of the hearing process.
13.2
The Chair will read out the proceedings listed on the agenda.
Declaration of Pecuniary Interest
13.3
Where a member has any direct or indirect pecuniary interest, pursuant to the
Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, in any proceeding that is
before the Property Standards Committee, the member shall:
(1) prior to any consideration of the appeal, disclose the interest and the general
nature thereof;
(2) recuse him or herself from the hearing of that appeal;
(3) not attempt in any way whether before, during or after the hearing to influence the
decision of the Property Standards Committee;
(4) where a part of a hearing is not open to the public, immediately leave that part of
the hearing if the matter regarding the pecuniary interest is under consideration;
(5) at the hearing, or as soon as possible afterwards, file a written statement of the
interest and its general nature with the Coordinator; and
(6) disclose the pecuniary interest at the next meeting which they attend, if the
pecuniary interest was not disclosed by reason of the member's absence from the
hearing.
13.4
A copy of each written statement filed in accordance with Section 12.3 (5) and a copy
of each declaration recorded pursuant to Sections 5.5 and 5.6 shall be kept in the
registry maintained for the Property Standards Committee.
Motions
13.5
The Property Standards Committee will hear motions regarding any hearing listed on
the
agenda.
13.6
The Property Standards Committee will hear motions for adjournment requests prior
to the commencement of any hearing.
13.7
If a party brings a motion regarding a proceeding not listed on the agenda, the
Property Standards Committee may decide to hear the motion at that time or order
that it be brought at a later date.
Order of Presentation
13.8
Subject to any motions previously adopted by the Property Standards Committee,
the Chair will indicate that the Property Standards Committee will now hear the first
appeal on the agenda.
13.9
The Chair requests that the parties to an appeal identify themselves, including any
witnesses who intend to give evidence on behalf of either party to the appeal.
13.10 The Town's agent may make an opening statement.
13.11 The appellant may make an opening statement.
13.12 The Town's agent is requested to present the decision or order to which the appeal
applies, related evidence and witnesses.
13.13 The appellant may cross-examine each of the Town's witnesses and the Town's
agent may re-examine those witnesses.
13.14 The members may ask questions of any witness, through the Chair.
Appellant's Presentation of the Appeal
13.15 The appellant may present evidence with respect to the appeal of the decision or
order.
13.16 The Property Standards Committee will allow the appellant to complete their
presentation before asking any questions, unless clarification is required before the
presentation is completed.
13.17 The Property Standards Committee may, through the Chair, ask questions of the
appellant or any of his or her witnesses to clarify any evidence presented.
13.18 The Town's agent may cross-examine the appellant or his or her witnesses and the
appellant may re-examine those witnesses.
Other Representations; Right of Reply
13.19 After the appellant's presentation, the Property Standards Committee will hear from
anyone else who wishes to make representations before the Property Standards
Committee pertaining to the matter.
13.20 Persons giving evidence are subject to questions by the Property Standards
Committee, the appellant and the Town's agent.
13.21 The Town's agent has the right of reply on matters which could not have been
anticipated prior to hearing the appellant's evidence.
Closing Statements
13.22 At the conclusion of all evidence presented, both parties are entitled to make final
submissions to the Property Standards Committee.
Part 14 - Property Standards Committee Decision
Decision Process
14.1
The Property Standards Committee may recess at any time to consider its final
decision or any interim decision during the hearing.
14.2
If the Property Standards Committee requires, it may move into closed session upon
adoption of the required motion, to deliberate and/or to draft a Notice of Decision or
to
consult with counsel for the Property Standards Committee. The Property Standards
Committee shall give a written decision or may reserve its decision.
14.3
If the decision is reserved the Chair will advise the appellant that the appellant will be
notified by registered mail of the Property Standards Committee's decision.
14.4
The decision of the Property Standards Committee is final and binding.
Notice of Decision
14.5
The Coordinator will forward notice of the Property Standards Committee's decision
within 5 days of the making of the decision to all persons who received a Notice of
Hearing and to everyone who appeared before the Property Standards Committee at
the hearing.
14.6
The Notice of Decision shall be signed by all members of the Property Standards
Committee that took part in the hearing and shall contain written reasons to support
the decision.
14.7
The Notice of Decision shall contain a record of the proceedings, compiled by the
Coordinator, which shall include:
(1) list of persons who provided submissions;
(2) list of witnesses and for whom they testified;
(3) any interlocutory orders made by the Property Standards Committee; and
(4) all documents and evidence filed with the Property Standards Committee, subject
to any limitations expressly imposed by any other Act.
Amended by By-law 2018-82, effective December 18, 2018.
Schedule C - Honourarium to Members
1.
With the exception of the Chair, each member who participates in a hearing date
under this By-law shall be paid an honorarium of $27.50 per day.
2.
The Chair who participates in a hearing date under this By-law shall be paid an
honorarium of $30.00 per day.