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THE CORPORATION OF THE TOWNSHIP OF WOLLASTON
BY-LAW NO. 66-2021
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, Section 5(3), as amended,
provides that a municipal power, including a municipality's capacity rights, powers and
privileges under section 9; shall be exercised by By-law;
AND WHEREAS Section 15 of the Building Code Act, S.O. 1992, c.23, as amended
provides that a Municipality may appoint a Property Standards Committee;
AND WHEREAS the Council for the Corporation of the Township of Wollaston deems it
appropriate to establish a Property Standards Committee;
NOW THEREFORE the Council of the Corporation of the Township of Wollaston enacts
as follows:
1.
That the Terms of Reference for the Property Standards Committee as attached
as Schedule "A" and forming part of this By-law be hereby adopted.
2.
That the Property Standards Committee be added to the Committee Appointment
By-law.
3.
That any other By-laws specifically related to the terms of reference for property
standards shall be repealed.
4.
That this By-law shall come into force and take effect upon final passing hereof.
5.
This By-law may be cited as the "Property Standards Committee Terms of
Reference By-law".
PASSED THIS 08th day of November, 2021.
MAYOR: LYNN KRUGER
SEAL
CLERK: BERNICE CROCKER
SCHEDULE "A"
TOWNSHIP OF WOLLASTON
TERMS OF REFERENCE
Property Standard Committee
1. PURPOSE
In accordance with the Municipal Act and the Township of Wollaston Property
Standards By-law, the Property Standards Committee rules upon appeals of property
standards orders.
The Appeals may consider whether orders were in accordance with provisions under the
Property Standards By-law; if remedial action proposed is reasonable or the Property
Standards Committee may make decisions regarding the length of time corrective action
may take.
2. POWERS OF COMMITTEE
The Property Standards Committee is established by By-law 65-2021 passed under
section 15.6 of the Building Code Act. The Property Standards Committee considers
appeals to orders issued by an enforcement officer directing a property owner to comply
with the Property Standards by-law as established under Section 15 of the Act.
3. SCOPE
With respect to Section 15 of the Building Code Act the Committee may alter or
rescind property standards orders issued by municipal enforcement staff where the
Committee determines that such action would be consistent with the Property Standards
By-law, the Official Plan and/or an applicable policy statement.
4. COMMITTEE SUPPORT
Township Staff will provide the following support, as Secretary of the Committee:
i. Assist to develop the Agenda, as required.
ii. Distribute the Agenda and post notices of meetings on the Township Website,
or other approved forum.
iii. Circulate the minutes and any meeting materials. Follow-up on committee
issues.
Township Staff will participate in discussions to provide perspective on procedural
matters or legislative or regulatory considerations and provide input into any
implementation concerns for decisions.
5. PROPERTY STANDARDS COMMITTEE
a. Every person who initiates an appeal of an Order made under Section 15.2(2) of the
Ontario Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in the time
frame and manner as prescribed in section 15.3(1) of the Act. All Notices of Appeal shall
be accompanied by a non-refundable payment of one hundred ($100.00) dollars.
b. A Property Standards Committee shall be established and shall consist of a minimum
of three (3) people appointed by Council. No member of the committee shall be a paid
employee of the Municipality. Preference will be given to candidates with relevant
experience in planning and architecture.
c. The term of office for members shall be the Term of Council and hold office until their
successors are appointed.
d. Members are eligible for re-appointment at the discretion of Council.
e. When a member resigns from the Committee before the expiration of their term,
Council shall appoint another eligible person for the unexpired portion of that term.
f. If a Committee member fails to attend three (3) consecutive meetings of the
Committee without reason, their position shall be deemed to be vacant.
g. The Committee shall elect, annually, a Chairperson and such other officers as may be
required from its members. In the Chairperson's absence, the Committee shall appoint
another member as acting chair.
h. The Committee shall hold regular meetings at the call of the Chair and/or Secretary
i. At any meeting of the Committee, a quorum shall consist of two (2) members of the
Committee.
j The Secretary shall keep on file minutes and records of all applications and the
decisions thereon and of all other official business of the Committee. The Secretary shall
be comprised of a Municipal Staff member, appointed by the Committee.
k. Before hearing an appeal the Committee shall give notice or direct that notice be
given of such hearing to such persons as the Committee considers should receive
notice.
l. Where an appeal has been taken, the Committee shall hear the appeal and shall have
all the powers and functions of the Officer who made the order and may:
i. Confirm, modify, or rescind the order to demolish or repair;
ii. Extend the time for complying with the order if, in the Committee's opinion, the
general intent and purpose of the by-law and of the Official Plan or policy
statement are maintained.
m. Members will follow the Procedural By-law, the Code of Conduct and Conflict of
Interest policies of the municipality. All appointed members will be entitled to one vote
on decisions. Staff do not count in quorum and do not vote on decisions.