WHEREAS on June 27, 1996, Regional Council enacted Bylaw No. R-1102-96-100 being a bylaw to prohibit or regulate parking and stopping on Regional roads;
AND WHEREAS on May 25, 2017, Regional Council authorized that Regional Solicitor prepare amendments to Bylaw No. R-1102-96-100 to provide that administrative monetary penalty systems apply to the specified geographic areas in the Region and to appoint the hearing officers and screening officers already appointed by the Cities of Markham and Vaughan and the Town of Richmond Hill for the additional processing of these parking infractions on Regional roads;
AND WHEREAS on May 25, 2017, Regional Council authorized that if other local municipalities formally request the use of an administrative monetary penalty system on Regional roads within their geographic areas, the Regional Solicitor be authorized to prepare amendments to Bylaw R-1102-96-100 for consideration by Council;
AND WHEREAS on June 29, 2017, Regional Council enacted the successor to Bylaw No. R-1102-96-100 being Bylaw No. 2017-37 to prohibit or regulate parking and stopping on Regional roads (“Bylaw No. 2017-37”) which repealed and replaced Bylaw No. R-1102-96-100, as amended;
AND WHEREAS on May 18, 2023, Regional Council enacted the successor to Bylaw No. 2017-37 being Bylaw No. 2023-34 to prohibit or regulate parking and stopping on Regional roads (“Bylaw No. 2023-34”) which repealed and replaced Bylaw No. 2017-37, as amended;
AND WHEREAS on June 8, 2022, Town of Georgina Council passed Bylaw 2022-0052 (REG-1) to establish an administrative penalty system for violations of bylaws within the Town of Georgina;
AND WHEREAS on June 8, 2022, Town of Georgina Council passed Bylaw 2022-0053 (AD-1) to appoint screening and hearing officers for the purposes of administration of an administrative monetary penalty system with the Town of Georgina;
AND WHEREAS on April 24, 2024, Town of Whitchurch-Stouffville Council passed Bylaw 2024-039-RE to establish an Administrative Monetary Penalty System for violations of designated by-laws within the Town of Whitchurch-Stouffville;
AND WHEREAS on April 24, 2024, Town of Whitchurch-Stouffville Council passed Bylaw 2024-038-AP to appoint Screening and Hearing Officers for the purposes of administration of an Administrative Monetary Penalty System within the Town of Whitchurch-Stouffville;
AND WHEREAS the Council of The Regional Municipality of York considers it is necessary and desirable to permit the Town of Georgina and the Town of Whitchurch-Stouffville to enforce Bylaw 2023-34 within the geographic areas of the Town of Georgina and the Town of Whitchurch-Stouffville by imposing fees or charges in connection with the administration of a system of administrative penalties;
The Council of The Regional Municipality of York enacts as follows:
1. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “adjudication fee” in subsection 1.1 and substituting with the following:
“adjudication fee” means an administrative fee as set out in Schedules D.2, F.2 and I.2 to this bylaw, which may be imposed on a person with respect to any decision regarding a penalty notice issued to that person for a contravention of a provision of this bylaw within the geographic areas of the Township of King, the Town of Newmarket or the Town of Whitchurch-Stouffville and that is upheld by a hearing officer after a review by a hearing officer;
2. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “administrative fee” in subsection 1.1 and substituting with the following:
“administrative fee” means a fee, as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2, H.2, and I.2 to this bylaw, which may be imposed on a person in addition to an administrative penalty;
3. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “early payment amount” in subsection 1.1 and substituting with the following:
“early payment amount” means the amount that is:
A. for the Town of Aurora, the Early Payment Amount set out in Schedule A.1 for the applicable contravention;
B. for the Town of Georgina, the Early Payment Amount set out in Schedule C.1 for the applicable contravention;
C. for the Township of King, the administrative penalty amount set out in Schedule D.1 for the applicable contravention reduced by twenty-five percent (25%); and
D. for the Town of Newmarket, the administrative penalty amount set out in Schedule F.1 for the applicable contravention reduced by twenty-five percent (25%).
4. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “hearing non-appearance fee” in subsection 1.1 and substituting with the following:
“hearing non-appearance fee” means an administrative fee, as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2, H.2, and I.2 to this bylaw, with respect to a person’s failure to appear at the time and place scheduled for a review before a hearing officer;
5. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “late payment fee” in subsection 1.1 and substituting with the following:
“late payment fee” means an administrative fee, as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2, H.2 and I.2 to this bylaw, with respect to a person’s failure to pay an administrative penalty within the time limit for payment set out in the penalty notice;
6. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “MTO fee” in subsection 1.1 and substituting with the following:
“MTO fee” means an administrative fee, as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2, H.2 and I.2 to this bylaw, with respect to any search of the records of the Ministry, any inquiry to the Ministry, or any notice to or communication with the Ministry, and includes but is not limited to the MTO plate denial fee and the MTO registered owner search fee;
7. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “MTO plate denial fee” in subsection 1.1 and substituting with the following:
“MTO plate denial fee” means an administrative fee as set out in Schedules A.2, C.2, D.2, F.2 and I.2 to this bylaw, with respect to notifying the Ministry for the purpose of denying renewal of a vehicle permit;
8. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “MTO registered owner search fee” in subsection 1.1 and substituting with the following:
“MTO registered owner search fee” means an administrative fee as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2, H.2 and I.2 to this bylaw, with respect to any search of the records of the Ministry to determine the registered owner of a vehicle;
9. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “NSF fee” in subsection 1.1 and substituting with the following:
“NSF fee” means an administrative fee, as set out in Schedules A.2, C.2, D.2, E.2, G.2, H.2 and I.2 to this bylaw, with respect to payment by negotiable instrument received from a person for payment of any administrative penalty or administrative fee, for which there are insufficient funds available in the account on which the instrument was drawn;
10. Section 1 of Bylaw No. 2023-34 is amended by repealing the definition of “screening non-appearance fee” in subsection 1.1 and substituting with the following:
“screening non-appearance fee” means an administrative fee, as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2, H.2 and I.2 to this bylaw, with respect to a person’s failure to appear at the time and place scheduled for a review before a screening officer;
11. Section 10 of Bylaw No. 2023-34 is amended by repealing subsection 10.1 and substituting with the following:
10.1 Every person who contravenes any provision of this bylaw within the geographic area of the Town of East Gwillimbury is guilty of an offence and upon conviction is liable to a fine as provided for under the Provincial Offences Act.
12. Section 3 of Bylaw No. 2023-34 is amended by striking out the following row of text in the Town of Whitchurch-Stouffville part of the table in subsection 3.3:
“Town of Whitchurch-Stouffville From December 1st to March 31st in each year from 2:00 a.m. to 5:00 a.m.”
and substituting with the following:
“Town of Whitchurch-Stouffville From December 1st to March 31st in each year from 2:00 a.m. to 6:00 a.m.”
13. Section 10 of Bylaw No. 2023-34 is amended by repealing subsection 10.2 and substituting with the following:
10.2 Every person who contravenes any provision of this bylaw within the geographic areas of the Town of Aurora, the Township of King, the Town of Georgina, the City of Markham, the Town of Newmarket, the City of Richmond Hill, the City of Vaughan, or the Town of Whitchurch-Stouffville is subject to an administrative penalty in the amounts as set out in Schedules A.1, C.1, D.1, E.1, F.1, G.1, H.1 and I.1 to this bylaw, as applicable, for the corresponding prohibited activity.
14. Section 10 of Bylaw No. 2023-34 is amended by inserting the following subsection:
10.6 Where an officer has issued a penalty notice to a person with respect to a contravention of any provision of this bylaw within the geographic area of the Town of Georgina, that person may pay the early payment amount instead of the full administrative penalty amount, provided the early payment amount is received by the Town of Georgina within fifteen (15) calendar days from the effective date of service of the penalty notice in accordance with Town of Georgina’s Bylaw number 2022-0052 (REG-1). [NTD: It does not appear that Stouffville has an early payment option.]
15. Section 11 of Bylaw No. 2023-34 is amended by repealing subsection 11.1 and substituting with the following:
11.1 The provisions of this bylaw applicable to the geographic area of the Town of East Gwillimbury may be enforced by:
(a) a police officer;
(b) any person or class of persons appointed for that purpose by a bylaw of the Region; or
(c) any person who is a provincial offences officer as defined under the Provincial Offences Act.
16. Section 12 of Bylaw No. 2023-34 is amended by repealing subsection 12.1 and substituting with the following:
12.1 Every person who contravenes any provision of this bylaw within the geographic areas of the Town of Aurora, the Town of Georgina, the Township of King, the City of Markham, the Town of Newmarket, the City of Richmond Hill, the City of Vaughan, or the Town of Whitchurch-Stouffville is subject to an administrative penalty and is subject to the procedures set out in this bylaw.
17. Section 12 of Bylaw No. 2023-34 is amended by repealing subsection 12.2 and substituting with the following:
12.2 The provisions of this bylaw applicable to the geographic areas of the Town of Aurora, the Town of Georgina, the Township of King, the City of Markham, the Town of Newmarket, the City of Richmond Hill the City of Vaughan and the Town of Whitchurch-Stouffville are hereby designated as the parts of this bylaw to which a system of administrative penalties applies, for the purposes of Section 102.1 of the Municipal Act, 2001 and Section 3(1) (b) of the Regulation.
18. Section 12 of Bylaw No. 2023-34 is amended by repealing subsection 12.3 and substituting with the following:
12.3 The provisions of this bylaw applicable to the geographic areas of the Town of Aurora, the Town of Georgina, the Township of King, the City of Markham, the Town of Newmarket, the City of Richmond Hill, the City of Vaughan and the Town of Whitchurch-Stouffville may be enforced by:
(a) a police officer;
(b) any person or class of persons appointed for that purpose by a bylaw of the Region; or
(c) any person appointed or designated by a local municipality for the purpose of enforcing its bylaws.
19. Section 13 of Bylaw No. 2023-34 is amended by inserting the following subsection:
13.7 For the purposes of Sections 15 and 16 of this bylaw, the screening officers and hearing officers appointed by the Town of Georgina pursuant to the Town of Georgina Bylaw 2022-0053 (AD-1) are hereby appointed as screening officers and hearing officers respectively of the Region for the geographic area of the Town of Georgina with respect to this bylaw.
20. Section 13 of Bylaw No. 2023-34 is amended by inserting the following subsection:
13.8 For the purposes of Sections 15 and 16 of this bylaw, the screening officers and hearing officers appointed by the Town of Whitchurch-Stouffville pursuant to the Town of Whitchurch-Stouffville Bylaw 2024-038-AP are hereby appointed as screening officers and hearing officers respectively of the Region for the geographic area of the Town of Whitchurch-Stouffville with respect to this bylaw.
21. Section 14 of Bylaw No. 2023-34 is amended by repealing subsection 14.1 and substituting with the following:
14.1 An officer who has reason to believe that a vehicle has been left parked, standing or stopped in contravention of this bylaw within the geographic areas of the Town of Aurora, the Town of Georgina, the Township of King, the City of Markham, the Town of Newmarket, the City of Richmond Hill, the City of Vaughan or the Town of Whitchurch-Stouffville, may issue a penalty notice as soon as reasonably practicable
22. Section 14 of Bylaw No. 2023-34 is amended by repealing subsection 14.2 and substituting with the following:
14.2 Every person who is the owner of a vehicle in contravention of this bylaw in the geographic areas of the Town of Aurora, the Town of Georgina, the Township of King, the City of Markham, the Town of Newmarket, the City of Richmond Hill, the City of Vaughan or the Town of Whitchurch-Stouffville shall, upon issuance of a penalty notice, be liable to pay to the Region the amount specified in the penalty notice and as set out in Schedules A.1, C.1, D.1, E.1, F.1, G.1, H.1 and I.1 to this bylaw, as applicable.
23. Section 14 of Bylaw No. 2023-34 is amended by repealing subsection 14.9 and substituting with the following:
14.9 A penalty notice issued in the geographic area of the Town of Georgina shall contain the information as specified in the Town of Georgina Bylaw number 2022-0052 (REG-1) and shall be served in accordance with the provisions of said bylaw for any contravention of this bylaw within the geographic area of the Town of Georgina.
14.10 A penalty notice issued in the geographic area of the Town of Whitchurch-Stouffville shall contain the information as specified in the Town of Whitchurch-Stouffville Bylaw number 2024-039-RE and shall be served in accordance with the provisions of said bylaw for any contravention of this bylaw within the geographic area of the Town of Whitchurch-Stouffville.
14.11 No officer may accept payment of an administrative penalty or administrative fee.
24. Section 15 of Bylaw No. 2023-34 is amended by repealing subsection 15.8 and inserting the following:
15.8 The provisions of the Town of Georgina Bylaw number 2022-0052 (REG-1), governing the review by a screening officer, apply to a review by a screening officer under this bylaw within the geographic area of the Town of Georgina.
15.9 The provisions of the Town of Whitchurch-Stouffville Bylaw number 2024-039-RE, governing the review by a screening officer, apply to a review by a screening officer under this bylaw within the geographic area of the Town of Whitchurch-Stouffville.
15.10 Where a person does not appear for a scheduled review by a screening officer, that person shall pay a screening non-appearance fee as set out in Schedule A.2, C.2, D.2, E.2, F.2, G.2, H.2 or I.2 to this bylaw, as applicable.
25. Section 16 of Bylaw No. 2023-34 is amended by repealing subsection XX and inserting the following:
16.8 The provisions of the Town of Georgina Bylaw number 2022-0052 (REG-1), governing the review by a hearing officer, apply to a review by a hearing officer under this bylaw within the geographic area of the Town of Georgina.
16.9 The provisions of the Town of Whitchurch-Stouffville Bylaw number 2024-039-RE, governing the review by a hearing officer, apply to a review by a hearing officer under this bylaw within the geographic area of the Town of Whitchurch-Stouffville.
16.10 Where a person does not appear for a scheduled hearing by a hearing officer, that person shall pay a hearing non-appearance fee as set out in Schedule A.2, C.2, D.2, E.2, F.2, G.2, H.2 or I.2 to this bylaw, as applicable.
26. Subsection 17.6 of Bylaw No. 2023-34 is amended by inserting “The” between “17.6” and before “provisions”.
27. Section 17 of Bylaw No. 2023-34 is amended by inserting the following subsection:
17.7 The provisions of the Town of Georgina Bylaw number 2022-0052 (REG-1), governing the service of documents, apply to the service of administrative penalty documents under this bylaw within the geographic area of the Town of Georgina.
28. Section 17 of Bylaw No. 2023-34 is amended by inserting the following subsection:
17.8 The provisions of the Town of Whitchurch-Stouffville Bylaw number 2024-039-RE, governing the service of documents, apply to the service of administrative penalty documents under this bylaw.
29. Section 19 of Bylaw No. 2023-34 is amended by repealing subsection 19.3 and substituting with the following:
19.3 Where an officer has issued a penalty notice to a person and the administrative penalty is not paid on or before the date on which it is due and payable, that person shall pay a late payment fee, in the amount set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2 H.2 or I.2 to this bylaw, as applicable, in addition to the administrative penalty.
30. Section 19 of Bylaw No. 2023-34 is amended by repealing subsection 19.4 and substituting with the following:
19.4 Where an officer has issued a penalty notice to a person and the administrative penalty is not paid on or before the date on which it is due and payable, that person shall pay the MTO fee as set out in Schedules A.2, C.2, D.2, E.2, F.2, G.2 H.2 or I.2 to this bylaw, as applicable.
31. Section 19 of Bylaw No. 2023-34 is amended by repealing subsection 19.5 and substituting with the following:
19.5 Where a person makes a payment to the Region, or to a local municipality on the Region’s behalf, of any administrative penalty or administrative fee by negotiable instrument, for which there are insufficient funds available in the account on which the instrument is drawn, that person shall pay to the Region or to the local municipality on the Region’s behalf the NSF fee in the amount specified in Schedules A.2, C.2, D.2, E.2, G.2, H.2 or I.2 to this bylaw, as applicable.
32. Bylaw No. 2023-34 is amended by inserting Schedule “A” of this bylaw, between Schedule C and Schedule D of Bylaw 2023-34, as Schedule C.1.
33. Bylaw No. 2023-34 is amended by inserting Schedule “B” of this bylaw, between Schedule C and Schedule D of Bylaw 2023-34, as Schedule C.2.
34. Bylaw No. 2023-34 is amended by inserting Schedule “C” of this bylaw, after Schedule I of Bylaw 2023-34, as Schedule I.1.
35. Bylaw No. 2023-34 is amended by inserting Schedule “D” of this bylaw, after Schedule I of Bylaw 2023-34, as Schedule I.2.
36. Where this bylaw refers to a schedule, enactment, statute, regulation, or bylaw, it also includes that schedule, enactment, statute, regulation, or bylaw, as amended, supplemented, or replaced from time to time.
37. Except as expressly modified by this bylaw, all provisions of Bylaw No. 2023-34 are, and shall continue to be, in force and effect.
38. Schedules “A”, “B”, “C” and “D” shall form part of this bylaw.
39. Any proceeding commenced or continued under Bylaw No. 2023-34 before this bylaw came into force shall be continued and finally disposed of in accordance with the provisions of that bylaw.
ENACTED AND PASSED on September 19, 2024.
Christopher Raynor, Regional Clerk
Wayne Emmerson, Regional Chair
Authorized by Clause 6 in Report No. 8 of the Committee of the Whole dated April 25, 2017, adopted by Regional Council at its meeting on May 25, 2017.
