HomeMy WebLinkAboutCL 10/9943
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REPORT TO COUNCIL
FROM: Bruce Taylor, AMCT, CMM DATE: February 25, 1999
Town Clerk
REPORT NUMBER: CL 10/99
SUD]ECT: Appointment of Process Scrvers as Speciel Bylaw Enforcement OEticers
RECOMMENDATION:
That the draft by-law to appoint three persons as Special By-law Enforcemcnt 011iccrs in order to
legally serve documents on defendants ba fonvarded ro Councii for enactment.
ORIGIN:
Order ofJustice of the Peace of Provincial Coun
AUTHORITY:
Section IS(I) ofthe Police Services Act
Subsection i(3) ofthe Provincial Offences Act, R.S,O. 1990, c.P.33
FINANCIAL IMPLICATIONS:
Not Applicable
BACKGROUND:
The Town has been employing ihe services af Carol Wintrip Paralegal Services Inc, to serve Iegal
documents, such as Summons, on persons who have cantraveoed a bylaw and are now
proceeding to Provincial Court as a defendant. A case that was before the Provincial Court was
dismissed when it was determined by lhe Justice of the peace that lhe person who served Ihe
Summons on the defendant was not a Provincial Offences Oflicer as required by Subsection 2G(2)
of the Provincial O(Tences Act and ihus not authorized to legally serve documents.
In order to ensure that all our documents are propedy served on persons who are defendanis in a
Town ection for a by-law contravention, t am requesting that three employees of Carol Wintrip
Paralegal Services Ine. be eppointed as Special Bylaw Enforcement O(ficers for the purposes of
serving documents only. John Reble, Solicitor, from the firm Reble, Ritchie, Grecn & Ketchcson
has been consulted on this issua and recommends that our process servers be appointed under the
Police Services Act as Special By-law Enforcement Ofiicers and as such deemed to be "Provincial
Ol�ences Otfcers" for the purposes of serving Summons .
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ATTACtIMENTS:
cc; Legel Services Clerk
I. Drali By-lew
Prepared By:
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Bruce Taylor, AMCT, CMM
Totim Clcrk
Attachmenis
Recommended iur the consideration of
Pickering Town Council
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T om s J. Qui n, l
Chief Administretive OEficer
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T[� CORPORATION OF THE TOWN OF P(CKERING 4 5
BY-LAW N0.
Being a by-law to appoint Bylaw Enforcement
Officers for the purpose of ecting as Process
Servers.
Wf�REAS pursuant to section IS(1) of the Police Services Act, R.S.O. 1990, c. P.IS, as '�
amended, a municipnl council may appoint persons to enforce the by-laws of the municipality; and ;
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W[�REAS pursuant to section l5(2) of the said Act, municipal bylaw enforcement officers are ;
pcace otficers for the purpose of eniorcing municipal bylaws;
NOW TE�REFORE THE COUNC[L OF TI-� CORPORATION OF THE TOWN OF ;
PICKERING HEREBY ENACTS AS FOLLOWS: �
I. The following persons be hereby appointed as municipal law enforcement officers in and
for the Town of Pickering in order to act as Process Servers for the Corporation of the
Town of Pickering:
William (Bill) Redmond
Thomas (Tom) Redmond
Carol Redmond
2. Thc authority granted in Section I hereto is specifically limited to that set out in Section I,
and shall not be deemed, at any time, to rxceed the au�hority set out in Section I.
3. These appointments shall expire upon the persons listed in Section I hereof ceasing to be
employees of Carol Wintrip Paralegal Services Inc. or upon Carol Wintrip Paralegal
Services [ne. ceasing to operate as an incorporated business in the Province of Ontario
BY-GAW read a first, second and third time and finally passed this 22nd day of March, 1999.
Wayne Mhurs, Mayor
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I� Bmce Taylor, Clerk
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