HomeMy WebLinkAboutL 40/99035
�� OF p�
�
REPORT TO COUNCIL
FROM: lanc �urton UATE: Septembcr 22, 1999
Town Solicitar
REPORTNUMBER: L40/99
SUBJECT: Fines imposed in accordnnce with the Provincial O,('ences Acf, R.S.O. I990,
c.P.33, asumcnded.
- File: L959502
RHCOiNMENDAT[ON:
A by-Inw should be enacted to:
(a) incrcose thc finc provisions of ccrtnin byluws in nccordnncc with thc provisions of thc
M�mlclpal Acl and thc Provinc(ul 0,(jences Act; and
(b) imposc thc finc provisions of cchnin by-laws in nccordancc with thc provisions of Ihc
M�uiiclpal Acl und thc Provinciul Ofj'ences Acl.
ORIGIN:
Scction 61 of thc Provinciul O,(J'enres Acl, R.S.O. 1990, c.P,33, as umcndcJ, provides tnut cxccpl
wherc othenvise expressly provided by law, evcry person who is convicted of an offcnce is liablc
tc u fine of not morc than 55,000.00.
AUTHORITY:
Thc PravincialOf%ncesAct, Seclion 6/, R.S.D. 1990, c.P.33, as nmendcd
The Munlclpal Acl, Seclion .i10, R.S.O. 1990, c,M.45, as amended
F[NANCIAL IMPLICATIONS: Nonc.
EXGCUTIVE SUMMARY: Not applicable.
BACKGROUND:
Many of thc Town's by-luws were enacted prior to the pnssing oi the new Icgislation ond
currently conmin cither no pennity provision or a pcnally provision that is lower lhan what thc
legislation pertnits. In an efTort to be consistent wiAi the Icgislntion, thc enactment of thc
nttached bylaw will am:nd the penulty provision sections of thc Town's by-laws to rcllect fincs
set undcr the Provinclal 0,(fences Acl, R.S,O., i990, c.P.33 to n msucimum of'55,000.00.
� i 6 Report to Council L40/99 Datc: September 22, 1999
Subject: Fines imposed in ncwrda:ice with the Pngc 2
ProvinclalO,Q'encesAcl, R.SO. 199Q aP.33, nsamended,
ATTACH�fENTS:
1. Dmft By-law,
2. Schedule A.
3. Schedule B.
Prepnred By:
X.�
Denise II
Approved / Endorsed By:
��
�, ���,
J c Durton
�;
�;
JEP j
Atwchments (/
Copy: ChicfAdministrativcOfTicer
Town Clerk
Recommcndcd for the considcralion of
Pickering Town C il
�
,� �
c.
0 os J. Qw , Chi Admin tivc iccr
_
� n �'iA�NMENT ir��701tEPORT l��i �
THE CORPORATION OF THE TONRJ OF PICKERING ���
BY-LAW N0,
Being a B}�•faw �a provide jor lhe lmposflton of fines jor
fhe contrm•enlfon ojvartous 6ylaivs ojThe Corporatlon
ojfhe Tou�n ojPlckering.
WNEREAS, Section 320 of the dfiinlclpal Acl, R.S 0. l990, c.M.4S, as amended, providcs that bylaws
may bc passcd by the Councils of all municipalitics for providing that any person who contravenes any
by-law of the Council passed under the aulhority of the Municipal Acr is guilty of en otTencc;
WIiEREAS, Scction 61 of the Provtnclal O,Jjences Acl, R.S.O. l990, aP.33, as anrended, provides that
except wherc othcnvise expressly providcd by by-luw, every person who is canvicted of an offcnce is
liable to o fine of not moro than 55,000.00;
WHEREAS, thc Council of 7'hc Corporalion of thc Town oC Pickcring considcrs it dcsirublc to amend,
the fine provisions of certain by-laws in accordancc with Ihe provisions of the ,41u�tictpal Acf and the
Provinclal Of%nces Acf;
NOW THERGFORE, thc Council of thc Corporalion of Ihc Town of Pickcring IiBREBY ENACTS AS
FOLLOWS:
I. 7hat the sections, subsections or clnuscs of Ihe by-laws sct out in Schedulc "A" to this Dy-law be
repcalcd und the following substilutcJ therefore:
"Gvery person who contravenes nny pro��isions of this Bylaw is guilty of an offcncc and liable
upon conviclion to a pcnalt}• providcd for undcr thc Provincin! O,(%ncca Arl, ac anunded".
2. The Dy-laws scl oul in ScheJulc "Ei" lo Ihis Dy-law shall bc amcnded lo includc thc following:
°Gvery person who contraecncs nny pro��isions of this EiyInw is guilty of nn offcnce nnd liable
upon com�iction to n penalty provideJ for under the Prorincinl OJfences Acl, as amended".
RY-LAW read a first, second nnd third time and finally passed this 18th day of October, 1999.
L9f9f00
Wnync Anhurs, Mayor
Bruce Tnylor, Clerk
03g �
BY-LAW NUMBER
ATTACHMENT 7t�_ rp ryEppRT#�9
SCHEDULE"A"
� TO
BY-LAW NO.
SECTION, SUBSECTION OR
CLAUSE NUMBER
4272/72, AS AMENDED (boulevnrds-perntitted uses)
247/75, AS AMENDED (dischnrgc of guns, etc.)
778/78, AS AMENDED (driveway entrances)
1769/83 AS AMENDED (exotic animals)
425/76, AS AMENDED (fences)
385/76, AS AMENDGD (gurbnge collection)
3908/70, AS AMENDED (liccncing kcnnels)
1887/84, AS AMENDGD (licencing ccrtain busincsscs)
1416/82, A3 AMENDED (licencing placcs of amusement)
2206/86, AS AMENDED (liccncing taxicnb brokcrs, owncrs nnd drivcrv)
2636, AS AMENDED (licencing plumbcrs uncl dmin conirnciors)
27/74, AS AMGNDCD (liccncing plumbcrs und dmin contmctors)
1982/85, AS AMENDED (motoriud snow vehicics)
3821/70, AS AMENDED (noisc)
1365/81, AS AML'NDED (obstruction of dmins & wutcrcourses)
1983/85, A5 AMENDED (off-road vehicles)
3803/70, AS AMENDED (pnrks & commwity ccntre by-luw)
2439/87, AS AMENDED (sign pertnits)
3825/70, AS AMENDED (paradc permits)
3010, AS AMGNDED (pits and quarries)
1834/84, AS AMENDED (property sinndards)
4168/72, AS AMENDED (sale & setting off fireworks)
1660/83, AS AMENDED (salc of goods from highwuys)
5
3
5
8
12
5
13
24 AND 25
10
51
19
I7
8
7
4
5
,��
5
16
9
- 8
182
8
4
, 039
SCHEDULF"A"TO
BY-LAW NO. (CONTINUED) PACE 2
BY-LAW NUMBER SEGTION, SUBSECTION OR
NUMDER
123/T4, AS AMENDED (smoking in reteil snops) 3
577/77, AS AMENDED (snow & ice removal) 5
1120/80, AS AMENDED (stornge, wrecking & Jismantling of used motor vehicles) 3
1313, AS AMENDED (truffic protection of sidewniks) 3
, �'O�O ATTACHMENT#� TOREPORTiI.�Q/Q9
SCHEDULE"B"
TO
BY-LAW NO.
BY-LAW NUMBER
2038, AS AMENDED (licencing-hunting regulations)
2976, AS AMENDED (licencing-hunting of foxes, pheasants & rnbbits)
1251/81, AS AMENDED (licencing-hunting of foxes, pheasants & robbits)
2318/86, AS AMENDED (licencing limousines)
4171/93, AS AMENDED (littering)
44/74, AS AMENDED Qotterics)
2659, AS AMENDED (public games nnd sports on Sunday)
3802/91, AS AMENDED (snitch byInw)
. -;t,;-