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THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2025-17
Being a By-law to establish a System of Administrative Monetary Penalties - Parking
WHEREAS Sections 23.1, 23.2 and 23.5 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, hereinafter referred to as the "Municipal Act" authorizes the municipality to
delegate its administrative and hearing powers;
AND WHEREAS Section 102.1 of the Municipal Act, a municipality may require a
person to pay an administrative penalty if the municipality is satisfied that the person
has failed to comply with any By-laws respecting the parking, standing, or stopping of a
vehicle;
AND WHEREAS Ontario Regulation 333/07: Administrative Penalties, under the
Municipal Act, a municipality may establish a system of administrative penalties
respecting the parking, standing, or stopping of vehicles;
AND WHEREAS Section 391 of the Municipal Act authorizes a municipality to pass by-
laws imposing fees or charges for services or activities provided or done by or on behalf
of it;
AND WHEREAS Council is satisfied that the system of administrative penalties provided
for herein, are not punitive in nature and are in amounts reasonably required to promote
compliance with the by-laws of the municipality;
AND WHEREAS the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as
amended, applies to all hearings conducted under this By-law;
AND WHEREAS the Council of the Corporation of the Town of Wasaga Beach deems it
desirable to establish an Administrative Monetary Penalty System to promote compliance
with Town By-laws that deal with parking, standing or stopping of vehicles;
NOW THEREFORE the Council of the Corporation of the Town of Wasaga Beach enacts
as follows:
1.
SHORT TITLE
1.1
This By-law may be referred to as the "AMPS By-law - Parking".
2.
DEFINITIONS
2.1
For the purposes of this By-law:
"Adjourn" means to temporarily end a Hearing, where no decision is reached
until the Hearing resumes;
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"Administrative Fee" means any fee imposed by this By-law and as set out in
the Fees and Charges By-law;
"Administrative Penalty" means an administrative monetary penalty as set out
in Schedule 'A' of this By-law for a contravention of a Designated By-law;
"Certified Document Fee" means an Administrative Fee, for conducting a
search, making a request for or obtaining documents, information or records from
the Ministry and includes any search of documents or information, requests
including plate denial, and notification about a vehicle or the owner of a vehicle;
"Council" means the Council of the Town;
"Date of Service" means the date service is deemed in effect in accordance with
the provisions of this By-law;
"Decision of a Hearing Officer" means a notice that contains the decision of a
Hearing Officer;
"Decision of a Screening Officer" means a notice that contains the decision
of a Screening Officer;
"Designated By-law" means a Town By-law, or part or provision of a Town By-
law, that is designated under this By-law or another By-law;
"Electronic Hearing" means a Hearing held by conference telephone or some
other form of electronic technology allowing Persons to hear one another;
"Fails to appear" or "Failure to appear" means failure to appear or participate
by conference telephone, or some other form of electronic technology allowing
Persons to hear one another, or in person, on the scheduled date as the case
may be within ten (10) minutes of the start time of a Screening Review meeting
or Hearing;
"Fails to respond" means failure to respond in writing to a request for
information, documents or submissions by the Screening Officer or Hearing
Officer on the date set by the Screening Officer or Hearing Officer for
responding;
"Fees and Charges By-law" means the Town By-law, adopted from time to time,
for imposing fees and charges with respect to various services and activities
provided;
"General Manager" means the General Manager of Legislative and Development
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Services for the Town, or their designate or successor;
"Hearing" means a review of a Decision of a Screening Officer by a Hearing
Officer;
"Hearing Non-Appearance Fee" means an Administrative Fee,
in respect of a Person's failure to appear for a Hearing;
"Hearing Officer" means a Person who performs the functions of a Hearing
Officer in accordance with this By-law and any other applicable Town By-law;
"Holiday" means a Saturday, Sunday and any statutory holiday in
the Province of Ontario or any day the offices of the Town are officially closed for
business;
"Late Payment Fee" means an Administrative Fee, in respect of a Person's
failure to pay an Administrative Penalty within the time prescribed in this By-
law;
"Ministry" means Ontario Ministry of Transportation, Land Registry Office,
Service Ontario or any other Ontario Ministry or related authority;
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
"NSF Fee" means an Administrative Fee, in respect of a payment by negotiable
instrument, for which there are insufficient funds in the account on which the
instrument is drawn;
"Officer" means a Municipal Law Enforcement Officer, Police Officer or any other
Person appointed by By-law to enforce a Town By-law;
"Oral Hearing" means a Hearing at which the parties or their representatives
attend before the Hearing Officer in person;
"Owner of a Vehicle" means:
(a)
the Person whose name appears on the permit of the vehicle; and
(b)
if the vehicle permit consists of a vehicle portion and plate portion and
different Persons are named on each portion, the Person whose name
appears on the plate portion;
"Penalty Notice" means a notice for a contravention of a Designated By-law;
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"Penalty Notice Date" means the date of the contravention of a Designated By-
law;
"Penalty Notice Number" means a unique reference number;
"Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust, or corporation and an individual in his or her capacity as a
trustee, executor, administrator, or other legal representative and includes the
Owner of a Vehicle;
"Screening Non-Appearance Fee" means an Administrative Fee, in respect of
a Person's failure to appear at a Screening Review meeting;
"Screening Officer" means a Person who performs the functions of a Screening
Officer in accordance with this By-law and any other applicable Town By-law;
"Screening Review" means a review of an Administrative Penalty by a
Screening Officer;
"Town" means the Corporation of the Town of Wasaga Beach.
3.
APPLICATION
3.1
The Town's By-laws, or portion of the Town's By-laws, listed in Schedule 'A' of
this By-law are hereby Designated By-laws to which the Administrative
Penalty listed in Schedule 'A' of this By-law applies.
3.2
Schedule 'A' of this By-law sets out the short form wording to be used on a
Penalty Notice for the contravention of a Designated By-law.
3.3
The Administrative Fee(s) imposed for the purposes of this By-law shall be as
set out in the Fees and Charges By-law.
3.4
The Provincial Offences Act, R.S.O, 1990, c. P. 33, as amended, does not apply
to a Designated By-law respecting the parking, standing, or stopping of
vehicles.
3.5
Council is of the opinion that the powers delegated in this By-law are of a minor
nature.
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4.
PENALTY NOTICE
4.1
An Officer who has reason to believe that a Person has contravened a
Designated By-law may issue a Penalty Notice to that Person as soon as
reasonably practical.
4.2
Every Person who contravenes a provision of a Designated By-law shall, upon
service of a Penalty Notice, be liable to pay the Town an Administrative
Penalty set out in the Penalty Notice by the due date.
4.3
A Penalty Notice shall include the following information:
(a)
the vehicle licence plate number or vehicle identification number, as
applicable;
(b)
the Penalty Notice Date;
(c)
the Penalty Notice Number;
(d)
the identification number and name of the issuing Officer;
(e)
the short form wording for the contravention listed in Schedule 'A' of this
By-law;
(f)
the location of the contravention;
(g)
the amount of the Administrative Penalty;
(h)
when the Administrative Penalty is due and payable;
(i)
the payment options;
(j)
such information as the General Manager determines is appropriate,
respecting the process by which a Person may exercise the Person's
right to request a review of an Administrative Penalty; and
(k)
a Statement advising that an Administrative Penalty, including any
applicable Administrative Fee(s), will constitute a debt of the Person to
the Town, unless cancelled in accordance with the provisions of this By-
law.
5.
PAYMENT OF AN ADMINISTRATIVE PENALTY
5.1
Where an Administrative Penalty has been paid, the Penalty Notice shall not
be subject to any further review.
5.2
An Administrative Penalty shall be deemed to have been paid when the
Administrative Penalty and all applicable Administrative Fee(s) have been
paid.
5.3
A Person who has been issued a Penalty Notice shall pay the Administrative
Penalty within fifteen (15) days of the date of service of a Penalty Notice.
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5.4
No Officer may accept payment of an Administrative Penalty or
Administrative Fee(s) payable in accordance with this By-law.
6.
NON-PAYMENT OF AN ADMINISTRATIVE PENALTY
6.1
Where a request for a Screening Review has not been made in accordance with
Section 7 of this By-law, and the Administrative Penalty is not paid within fifteen
(15) days of the date of service of the Penalty Notice:
(a)
the Administrative Penalty, and any applicable Administrative Fee(s),
are deemed to be affirmed and payable, and is not subject to further
review except as provided in Section 7.2; and
(b)
notwithstanding Section 7.2, the Person that the Penalty Notice was
issued to, shall pay the Town a Late Payment Fee and the applicable
Certified Document Fee.
7.
REVIEW BY SCREENING OFFICER
7.1
A Person who is served with a Penalty Notice may request a Screening
Review in accordance with Section 7.4 of this By-law on or before the date the
Administrative Penalty is due and payable.
7.2
If a Person has not requested a Screening Review on or before the date on
which the Administrative Penalty is due and payable, the Person may request
that the Screening Officer extend the time to request a Screening Review in
accordance with Section 7.4 of this By-law within thirty (30) days of the date of
service of the Penalty Notice.
7.3
A Person's right to request an extension of time for a Screening Review
expires, if it has not been exercised within thirty (30) days of the date of service
of the Penalty Notice and:
(a)
the Person shall be deemed to have waived the right to request a
Screening Review;
(b)
the Administrative Penalty, and any applicable Administrative Fee(s)
are deemed to be affirmed and payable; and
(c)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to any further review, including a review by any Court.
7.4
A Person's request for a Screening Review or request for an extension of time
to request a Screening Review shall be made in a format provided by the
General Manager for that purpose together with all relevant information,
documents, photographs and videos.
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7.5
The Screening Officer may grant a request to extend the time to request a
Screening Review within the time prescribed in Section 7.2 of this By-law,
where a Person demonstrates, to the satisfaction of the Screening Officer, the
existence of extenuating circumstances.
7.6
Where an extension of time to request a Screening Review is not granted by the
Screening Officer, the Screening Officer shall deliver in accordance with
Section 9 of this By-law, a Notice, and:
(a)
the Administrative Penalty, and any applicable Administrative Fee(s)
are deemed to be affirmed and payable; and
(b)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to any further review, including review by any Court.
7.7
A Screening Review shall be conducted by written form or by electronic
document submission unless there is a requirement on a case-by-case basis, as
determined by the Screening Officer, to provide the Screening Review through
other means.
7.8
Where a Screening Review is being conducted by written form or by electronic
document submission, the Screening Officer may request such information,
documents, photographs and videos from the Person that requested the
Screening Review as the Screening Officer considers relevant to the conduct
of the Screening Review, and may rely upon the information, documents,
photographs and videos provided without the need for the attendance of the
Person.
7.9
Where a Screening Review is granted and is not being conducted by written
form or by electronic document submission, the Screening Officer shall deliver
in accordance with Section 9 of this By-law, a Notice of an Appointment for a
Screening Review, to the Person that requested the Screening Review that
contains:
(a)
the date and time of the Screening Review meeting;
(b)
the format of the Screening Review meeting including details about the
manner in which the Screening Review meeting will be held; and
(c)
a statement that if the Person fails to appear that the:
(i)
Person shall be deemed to have abandoned the request for a
Screening Review;
(ii)
Administrative Penalty, and any applicable Administrative
Fee(s) are deemed to be affirmed and payable;
(iii)
Person shall be required to pay the Town a Screening Non-
Appearance Fee; and
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(iv)
Administrative Penalty, and any applicable Administrative
Fee(s) shall not be subject to any further review, including a review
by any Court.
7.10 Where a Person or an authorized representative fails to appear for a
Screening Review meeting, or fails to respond in accordance with a request by
a Screening Officer:
(a)
the Person shall be deemed to have abandoned the request for a
Screening Review;
(b)
the Administrative Penalty, and any applicable Administrative Fee(s)
are deemed to be affirmed and payable;
(c)
the Person shall pay the Town, a Screening Non-Appearance Fee,
where applicable; and
(d)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to any further review, including a review by any Court.
7.11 Where a Person or an authorized representative, behaves in a disorderly,
uncooperative, or abusive manner during the Screening Review, or refuses to
appropriately participate in the Screening Review, the Screening Officer may
end the Screening Review:
(a)
the Administrative Penalty, and any applicable Administrative Fee(s)
are deemed to be affirmed and payable; and
(b)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to any further review, including a review by any Court.
7.12 The Screening Officer may request such information, documents, photographs
or videos from a Person as the Screening Officer considers relevant to conduct
the Screening Review.
7.13 The Screening Officer may request, consider and rely on information,
documents, photographs and videos from an Officer, or other Town staff as the
Screening Officer deems relevant, without the need for the attendance of the
Officer or other Town staff, including but not limited to: a certified statement of
an Officer, other documents respecting a contravention created by an Officer,
and any other documents, photographs and videos prepared by an Officer, or
other Town staff.
7.14 Upon completion of a Screening Review, a Screening Officer may affirm the
Administrative Penalty, including any Administrative Fee(s), or cancel or
reduce the Administrative Penalty, and any applicable Administrative Fee(s),
or extend the time for payment of the Administrative Penalty, and any
applicable Administrative Fee(s) on the following grounds:
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(a)
where a Person establishes on a balance of probabilities, that they did not
contravene the Designated By-law as described in the Penalty Notice;
(b)
the Penalty Notice is defective in substance or form;
(c)
the Penalty Notice was not served in accordance with Section 9 of this
By-law;
(d)
the Person's prior history of non-compliance with a Designated By-law;
(e)
whether the Person has any unpaid Penalty Notices; or
(f)
where a Person provides clear and sufficient evidence to establish that
the cancellation, reduction or extension of time for payment of the
Administrative Penalty, and any applicable Administrative Fee(s), is
necessary to relieve any financial or undue hardship.
7.15 A Screening Officer may give a decision orally at the time of the Screening
Review meeting and shall deliver in accordance with Section 9 of this By-law a
Decision of a Screening Officer to the Person that requested the Screening
Review.
7.16 A Screening Officer may where multiple Penalty Notices have been issued to
the same Person, review Screening Review requests together, if it is
reasonably practical to do so, and the Person that requested a Screening
Review does not object to doing so.
7.17 A Person that requested a Screening Review may cancel the Screening
Review by paying the Town the Administrative Penalty, and any applicable
Administrative Fee(s) prior to the Screening Review.
7.18 A Screening Officer conducting a Screening Review under this By-law does
not have jurisdiction to consider any question relating to the validity of a statute,
regulation or By-law including but not limited to the constitutional applicability or
operability of any statute, regulation, or By-law.
8.
APPEAL TO HEARING OFFICER
8.1
Where an Administrative Penalty has not been cancelled, a Person may
request a Hearing within fifteen (15) days of the date of service of the Decision
of a Screening Officer.
8.2
If a Person does not request a Hearing within fifteen (15) days of the date of
service of the Decision of a Screening Officer, the Person may request the
General Manager to extend the time to request a Hearing within thirty (30) days
of the date of service of the Decision of a Screening Officer.
8.3
A Person's right to request an extension of time for a Hearing expires, if it has
not been exercised, within thirty (30) days of the date of service of the Decision
of a Screening Officer, at which time:
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(a)
the Person shall be deemed to have waived the right to request a
Hearing;
(b)
the Decision of a Screening Officer, which includes the Administrative
Penalty, and any applicable Administrative Fee(s) are deemed to be
affirmed on the date the Decision of a Screening Officer was issued and
are payable; and
(c)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to any further review, including a review by any Court.
8.4
A Person's request for a Hearing or request for an extension of time to request
a Hearing shall be made in a format provided by the General Manager for that
purpose together with all relevant information, documents, photographs and
videos.
8.5
A General Manager may grant a request to extend the time to request a
Hearing within the time prescribed in Section 8.2 of this By-law, where a Person
demonstrates, to the satisfaction of the General Manager, the existence of
extenuating circumstances.
8.6
Where an extension of time to request a Hearing is not granted by the General
Manager:
(a)
the Decision of a Screening Officer, which includes the Administrative
Penalty, and any applicable Administrative Fee(s) are deemed to be
affirmed on the date the Decision of a Screening Officer was issued and
are payable; and
(b)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to further review, including a review by any Court.
8.7
A Hearing shall be conducted as an Electronic Hearing unless there is a
requirement on a case-by-case basis, as determined by the General Manager,
to provide the Hearing through other means.
8.8 Prior to an Electronic Hearing, the General Manager shall deliver in
accordance with Section 9 of this By-law, a Notice of an Appointment for a
Hearing to the Person that requested a Hearing, that contains:
(a)
a reference to the statutory authority under which the Hearing will be held
and the purpose of the Hearing;
(b)
the date, time and details about the manner in which the Hearing will be
held;
(c)
the date, time and method for submitting any relevant information,
documents, photographs and videos;
(d)
information on how to obtain disclosure;
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(e)
a statement that the Person may, by satisfying the General Manager that
holding the Hearing as an Electronic Hearing is likely to cause the
Person significant prejudice, require the Hearing Officer to hold the
Hearing as an Oral Hearing, and the procedure to be followed for that
purpose; and
(f)
a statement that if the Person fails to appear:
(i)
the Hearing Officer may proceed in the Person's absence and the
Person will not be entitled to any further notice in the proceeding;
(ii)
the Person shall be required to pay the Town a Hearing Non-
Appearance Fee;
(iii)
the Administrative Penalty, and any applicable Administrative
Fee(s) shall not be subject to any further review, including a review
by any Court.
8.9 Prior to an Oral Hearing, the General Manager shall deliver in accordance with
Section 9 of this By-law, a Notice of an Appointment for a Hearing, to the Person
that requested a Hearing, that contains:
(a)
a reference to the statutory authority under which the Hearing will be held
and the purpose of the Hearing;
(b)
the date, time and place of the Hearing;
(c)
the date, time and method for submitting any relevant information,
documents, photographs or videos;
(d)
information on how to obtain disclosure; and
(e)
a statement that if the Person fails to appear:
(i)
the Hearing Officer may proceed in the Person's absence and the
Person will not be entitled to any further notice in the proceeding;
(ii)
the Person shall be required to pay the Town a Hearing Non-
Appearance Fee;
(iii)
the Administrative Penalty, and any applicable Administrative
Fee(s) shall not be subject to any further review, including a review
by any Court.
8.10 A person who has been issued a Notice of Appointment for a Hearing may
make a written request to the General Manager to reschedule the date of the
Hearing provided such request is received by the General Manager two (2)
business days prior to the Hearing date.
8.11 Where a Person or authorized representative fails to appear for a Hearing or
fails to respond in accordance with a request by a Hearing Officer, the
Hearing Officer may proceed with the Hearing in the Person's absence, or
without the information to be supplied by the Person to the Hearing Officer, and
the Person shall pay the Town a Hearing Non-Appearance Fee, where
applicable.
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8.12 Where a Person or an authorized representative, behaves in a disorderly,
uncooperative, or abusive manner during a Hearing, or refuses to appropriately
participate in the Hearing, the Hearing Officer may end the Hearing:
(a)
the Administrative Penalty, and any applicable Administration Fee(s)
are deemed to be affirmed and payable; and
(b)
the Administrative Penalty, and any applicable Administrative Fee(s)
shall not be subject to any further review, including a review by any Court.
8.13 The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as
amended, shall apply to all Hearings conducted under this By-law.
8.14 A Hearing Officer may request such information, documents, photographs and
videos from a Person as the Hearing Officer considers relevant to conduct the
Hearing.
8.15 A Hearing Officer may request, consider and rely on information, documents,
photographs and videos from an Officer, or other Town staff as the Hearing
Officer deems relevant, including but not limited to: a certified statement of an
Officer, other documents respecting a contravention created by an Officer, and
any other document prepared by an Officer, or other Town staff and materials
presented to a Hearing Officer.
8.16 If evidence referred to Section 8.15 is being admitted at a Hearing, the Hearing
Officer shall not adjourn the Hearing for the purpose of having an individual
attend to give evidence unless the Hearing Officer is satisfied that the oral
evidence of the individual is necessary to ensure a fair Hearing.
8.17 A Hearing Officer shall not make a decision respecting a review of a Decision
of a Screening Officer unless the Hearing Officer has given the Person and a
representative of the Town an opportunity to be heard at the scheduled Hearing.
8.18 A Hearing Officer is not bound by, and need not have regard for, any Decision
of a Screening Officer.
8.19 After conducting a Hearing, a Hearing Officer may affirm the Administrative
Penalty, and any applicable Administrative Fee(s), or cancel or reduce the
Administrative Penalty, and any applicable Administrative Fee(s), or extend
the time for payment of the Administrative Penalty, and any applicable
Administrative Fee(s) on the following grounds:
(a)
where a Person establishes on a balance of probabilities, that they did not
contravene the Designated By-law as described in the Penalty Notice;
(b)
the Penalty Notice is defective in substance or form;
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(c)
the Penalty Notice was not served in accordance with Section 9 of this
By-law;
(d)
the Person's prior history of non-compliance with a Designated By-law;
(e)
whether the Person has any unpaid Penalty Notices; or
(f)
where a Person provides clear and sufficient evidence to establish that
the cancellation, reduction or extension of time for payment of the
Administrative Penalty, and any applicable Administrative Fee(s), is
necessary to relieve any financial or undue hardship.
8.20 A Hearing Officer may adjourn a Hearing for a period no longer than thirty (30)
days.
8.21 A Hearing Officer may amend the Penalty Notice as may be necessary if it
appears that it fails to state or states defectively anything that is required to be
stated. In considering whether or not an amendment should be made, the
Hearing Officer shall consider the evidence presented at a Hearing and
whether the Person has been misled or prejudiced by the error or omission and
whether the proposed amendment can be made without injustice being done.
8.22 After a Hearing has concluded, a Decision of a Hearing Officer shall be
delivered by the General Manager in accordance with Section 9 of this By-law to
the Person that requested the Hearing.
8.23 The decision of a Hearing Officer is final, and shall not be subject to further
review, including a review by any Court.
8.24 A Person who requested a Hearing may cancel the Hearing by paying the
Town the Administrative Penalty, and any applicable Administrative Fee(s) as
set out in the Decision of a Screening Officer up to the date of the Hearing.
8.25 A Hearing Officer conducting a Hearing under this By-law does not have
jurisdiction to consider any question relating to the validity of a statute, regulation
or By-law including but not limited to the constitutional applicability or operability
of any statute, regulation, or By-law.
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9.
SERVICE OF DOCUMENTS
9.1
A document, notice or decision issued in accordance with this By-law, shall be
served using one or more of the following methods of service noted in Column A
below and is deemed served on the date noted in Column B below:
COLUMN A
Method of Service
COLUMN B
Deemed Date of Service
Personal
Date personally delivered to Person to whom it is
addressed
Fax/Email
Date fax/email is sent to the Person's last known
fax/email address
Regular/Registered
Mail
Five (5) days after the date of mailing to the Person's last
known mailing address
9.2
Notwithstanding Section 9.1, an Officer shall serve a Penalty Notice for a
contravention of a Designated By-law respecting the parking, standing, or
stopping of vehicles on a Person who is the Owner of a Vehicle by using one or
more of the following methods of service noted in Column A below and is
deemed served on the date noted in Column B below:
COLUMN A
Method of Service
COLUMN B
Deemed Date of Service
Affixing the Penalty
Notice to the vehicle
in a conspicuous
place at the time of
the contravention
Date affixed to the vehicle
Personal delivery of
the Penalty Notice at
the time of the
contravention
Date personally delivered to Person having care and
control of the vehicle
Regular/Registered
Mail of the Penalty
Notice
Five (5) days after the date of mailing to the Owner of
the Vehicle
9.3
For the purposes of this By-law, a Person's last known address, facsimile
number, and electronic mail address includes:
(a)
an address, facsimile number and electronic mail address provided by the
Person to the Town as may be required by a form, practice or policy
under this By-law; or
(b)
the most recent address that appears on the Ministry's records.
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9.4
Where service is affected by multiple methods, the date of service shall be on
the earliest applicable date.
10.
ADMINISTRATION
10.1 The General Manager shall administer this By-law and establish any additional
practices and procedures necessary to implement this By-law and may amend
such practices and procedures from time to time, as the General Manager
deems necessary, provided that such practices and procedures are not in
conflict, or inconsistent with this By-law.
10.2 The General Manager shall prescribe all forms and notices including the
Penalty Notice, necessary to implement this By-law and may amend such forms
and notices from time to time, as the General Manager deems necessary,
provided that the contents of such forms and notices are not in conflict, or
inconsistent with this By-law.
10.3 The General Manager may cancel an Administrative Penalty, and any
applicable Administrative Fee(s), where a Penalty Notice was issued to a
Person because an error was made by the Town or the licence plate or vehicle
subject to the contravention had been stolen from the Owner of the Vehicle at
the time of the contravention.
10.4 The General Manager may cancel an Administrative Fee, without cancelling
the Administrative Penalty, where the Administrative Fee was imposed as a
result of an error made by the Town.
10.5 Where a Person has paid an Administrative Penalty, a Screening Review or
Hearing request will not be granted.
10.6 Where in the event of extenuating circumstances, a Person fails to appear for a
Hearing, they may submit a written request to the General Manager that the
matter be reviewed. Upon the Person providing evidence satisfactory to the
General Manager, the Hearing Non-Appearance Fee may be cancelled, and
an opportunity for another Hearing granted, with the decision of the General
Manager being final.
10.7 The General Manager shall appoint such Screening Officers and Hearing
Officers that are necessary for the administration of this By-law.
10.8 A Person shall pay an NSF Fee to the Town where payment of an
Administrative Penalty or Administrative Fee(s) was unable to be processed,
and payment was not received by the Town.
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10.9 A Person shall pay a Certified Document Fee to the Town where the Town
conducts a search, makes a request for or obtains documents, information or
records from the Ministry for the purposes of administering and enforcing this
By-law.
10.10 An Administrative Penalty, and any applicable Administrative Fee(s), that are
affirmed or reduced, or in respect of which the time for payment has been
extended, is due and payable and constitutes a debt to the Town owed by the
Person to whom the Penalty Notice was issued to.
10.11 Where an Administrative Penalty, and any applicable Administrative Fee(s),
are not paid by the Person to whom the Penalty Notice was issued to within
thirty (30) days of the date on which they are due and payable, the Town may:
(a)
notify the Ministry of the default which shall result in plate denial; or
(b)
pursue any other collection mechanisms available to the Town.
10.12 Where an Administrative Penalty, and any applicable Administrative Fee(s),
are not paid by the Person to whom the Penalty Notice was issued to within
thirty (30) days of the date on which they are due and payable, the Person to
whom the Penalty Notice was issued shall pay the Town the applicable
Certified Document Fee.
10.13 Where the Town notifies the Ministry of a default under this By-law, the Person
to whom the Penalty Notice was issued to shall pay any applicable
administrative(s) fees imposed by the Ministry. The Ministry shall not validate
the permit nor issue a new permit for the vehicle to which the Administrative
Penalty and Administrative Fee(s) apply, until such time as the Administrative
Penalty and Administrative Fee(s) are paid.
10.14 Where an Administrative Penalty is cancelled by a Screening Officer or
Hearing Officer, any Administrative Fee(s) are also cancelled.
10.15 An authorized representative is permitted to appear on behalf of a Person who
has been issued a Penalty Notice at a Screening Review meeting or Hearing,
or to communicate with the Town on behalf of that Person upon producing
written authorization.
10.16 Any time limit that would otherwise expire, is extended to the next day that is not
a Holiday.
11.
SEVERABILITY
11.1 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
17
of Council that such provision, or part of a provision, shall 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.
12.
SINGULAR AND PLURAL USE
12.1 In this By-law, unless the context otherwise requires words importing the singular
shall include the plural, where applicable.
13.
SCHEDULES
13.1 The following schedule attached hereto forms part of this By-law:
(a) Schedule 'A' - Designated By-laws and Administrative Penalties
14.
AMENDMENTS
14.1 That By-law 2024-47 be amended by deleting Section 5.4 and replacing it with:
"5.4
AMPS By-law - Parking being By-law 2025-17, as amended, applies to
this By-law. Every Person who contravenes a provision of this By-law
designated in Schedule A of By-law 2025-17, as amended, shall upon the
issuing of a penalty notice be and is liable to pay to the Town an
administrative penalty in the amount set out in Schedule A of By-law 2025-
17, as amended."
15. REPEAL
15.1 That By-laws 2024-40 and 2024-60 are hereby repealed.
16.
EFFECTIVE DATE
16.1 That this By-law shall come into force and take effect on May 15, 2025.
READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED THIS 15th DAY OF
MAY 2025.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
Brian Smith, Mayor
Nicole Rubli, Clerk
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SCHEDULE A
DESIGNATED BY-LAWS AND ADMINISTRATIVE PENALTIES
1.
For the purposes of Section 3.1 of this By-law:
(a)
Column 1 in Table 1 below lists the designated provisions in the Town 's
Parking By-law Number 2024-47, as amended, that are hereby designated
for the purposes of Section 3 (1) (b) of Regulation Number 333/07 of the
Municipal Act;
(b)
Column 2 in Table 1 sets out the short form wording to be used in a Penalty
Notice for the contravention of the designated provisions listed in Column 1;
(c)
Column 3 in Table 1 sets out the Administrative Penalty amounts that are
payable by a person for a contravention of the designated provisions listed in
Column 1.
TABLE 1
Column 1
Designated
Provision
Column 2
Short Form Wording
Column 3
Administrative Penalty
1
Section 3.1.1
Park on or over sidewalk
$75.00
2
Section 3.1.2
Park on or over a boulevard
$75.00
3
Section 3.1.3
Park within 3 metres of Fire Hydrant
$110.00
4
Section 3.1.4
Park in a manner as to obstruct traffic
$75.00
5
Section 3.1.5
Park - Interfere with traffic
$75.00
6
Section 3.1.6
Park within pedestrian crossover
$75.00
7
Section 3.1.7
Park within intersection
$75.00
8
Section 3.1.8
Park within 9 metres of intersection
$75.00
9
Section 3.1.9
Park to display vehicle for sale
$75.00
10 Section 3.1.10
Park within 1.5 metres of lane or driveway
$75.00
11 Section 3.1.11
Park on or within 100 metres of a bridge
$75.00
12 Section 3.1.12
Park a heavy vehicle
$90.00
13 Section 3.1.13
Park more than 0.15 metres from far from curb
$75.00
14 Section 3.1.13
Park left wheels to curb
$75.00
15 Section 3.1.13
Park left wheels to boundary
$75.00
16 Section 3.1.14
Park where prohibited by sign
$75.00
17 Section 3.1.15
Park interfere with snow clearing
$75.00
18 Section 3.1.16
Park between 1 AM and 7 AM
$75.00
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SCHEDULE A
DESIGNATED BY-LAWS AND ADMINISTRATIVE PENALTIES
TABLE 1 - CONTINUED
Column 1
Designated
Provision
Column 2
Short Form Wording
Column 3
Administrative Penalty
19 Section 3.1.17
Stop where prohibited by sign
$75.00
20 Section 3.1.18
Park detached trailer or camper on street
$75.00
21 Section 3.1.19
Park on an unauthorized area
$75.00
22 Section 3.1.20
Park in marked/ closed off area
$75.00
23 Section 3.1.21
Park prohibited in electric charging station
$75.00
24 Section 3.2
Park in tow away zone
$110.00
25 Section 3.3
Park in fire route
$110.00
26 Section 3.4
Park in designated disabled parking space
$385.00
27 Section 3.5
Park in lot between 2 AM and 8 AM
$75.00
28 Section 3.6
Park in designated bike lane
$75.00
29 Section 3.7
Park oversized vehicle in prohibited area
$110.00
30 Section 3.8
Park oversized vehicle between 2 AM and 8 AM
$75.00
31 Section 4.7
Park validation ticket not visible
$60.00
32 Section 4.8
Park validation ticket expired
$60.00
33 Section 4.10
Park not entirely in single space
$75.00
34 Section 4.11
Tamper with or damage parking control device
$150.00
35 Section 4.12
Repair, service, paint vehicle without
permission
$150.00
36 Section 4.13
Park unlicenced vehicle on a highway
$75.00
37 Section 4.14
Park unlicenced vehicle on a parking lot
$75.00