ZR
05-08-2017, 07:57 AM
Bill 68 — the Modernizing Ontario’s Municipal Legislation Act, 2017 — affects you, your family and your future.
Remember back in 2015, when people were upset because they weren’t going to get their day in court if they received a parking ticket under the Administrative Monetary Penalty System (AMPS)?
It’s back in Bill 68.
But this time it’s much worse because Bill 68 covers all bylaws with which you’re not in compliance.
Legally speaking, the province, under this bill, is adding sections 434.1 and 434.2 to the Municipal Act and sections 374.1 and 374.2 to the City of Toronto Act.
The City of Toronto has a new “Administrative Penalty Tribunal Hearings” building under construction at 40 Orchard View Blvd., just north of Yonge St. and Eglinton Ave.
And it’s proceeding with the appointments of 25 city residents to serve as public members, acting as one-person hearing officers.
Some municipal bylaws can have fines of up to $10,000 per day and if you don’t pay them when a notice is received, they will be applied to your property taxes.
Think about the implications.
What an easy way for municipalities to, potentially, take a homeowner’s land and home for non-payment of property taxes.
Here’s an example of Bill 68 at work: Your child plays road hockey and the municipality passes a bylaw banning it.
You might receive a notice that you are non-compliant with the bylaw.
You go to the municipality and say you were not aware of the bylaw.
Well, sorry about your luck, you still have to pay.
Now, you live on a very quiet street, with little or no traffic, and these are just kids, so you want to challenge this fine, and the bylaw, in court.
Sorry — you can’t, because AMPS disallows you your day in court.
You’re not allowed to challenge the fine, the bylaw or any other bylaws, as there are no provisions in the amendment for a court challenge.
According to Stephen Parker, president of the Ontario Paralegal Association (OPA), in an article in Paralegal Scope Magazine on AMPS: “It denies a person’s right to challenge the allegation of what is now an offence … They are promoting this as a cost-cutting initiative for the municipalities and nothing to do with a person’s right to face their accuser.”
Parker also says if the AMPS system is implemented, it would affect “the vast majority of paralegals”, who represent clients on provincial offences matters.
So say you decide you are not going to pay the fine because you feel that without a chance to have your day in court, this simply isn’t right.
Again, sorry. The government will just add the cost of the fine to your property taxes, as a debt to the municipality, and if you don’t pay, you can lose your home or property, within two years, for non-payment of property taxes.
This bill also specifies a new requirement for “green roofs” on new construction — essentially vegetation growing on the roof.
Think about the costs and the bugs and other pests this will attract.
Think about the snow load in winter, the weight on these roofs and the danger it may cause.
Should this be mandatory? Is it even constitutional? Some would say no.
What about democratic voter rights? They, it would seem, are removed as well.
According to the explanatory notes of Bill 68, amendments will be made to the Municipal Act, concerning how regional municipalities are able to change the composition of their councils.
The amendments also require a regional municipality to review the number of its members who represent the lower-tier municipality.
Provisions are included to permit a cabinet minister to alter the composition of regional councils in certain circumstances.
This violates your fundamental right to be democratically represented.
As for the Municipal Conflict of Interest Act, the government is making changes to it as well, and many of them are not in the favour of voters.
These are just a few of the things that are wrong will Bill 68.
It needs to be defeated at Queen’s Park.
Contact your MPP and make your voice heard.
Remember back in 2015, when people were upset because they weren’t going to get their day in court if they received a parking ticket under the Administrative Monetary Penalty System (AMPS)?
It’s back in Bill 68.
But this time it’s much worse because Bill 68 covers all bylaws with which you’re not in compliance.
Legally speaking, the province, under this bill, is adding sections 434.1 and 434.2 to the Municipal Act and sections 374.1 and 374.2 to the City of Toronto Act.
The City of Toronto has a new “Administrative Penalty Tribunal Hearings” building under construction at 40 Orchard View Blvd., just north of Yonge St. and Eglinton Ave.
And it’s proceeding with the appointments of 25 city residents to serve as public members, acting as one-person hearing officers.
Some municipal bylaws can have fines of up to $10,000 per day and if you don’t pay them when a notice is received, they will be applied to your property taxes.
Think about the implications.
What an easy way for municipalities to, potentially, take a homeowner’s land and home for non-payment of property taxes.
Here’s an example of Bill 68 at work: Your child plays road hockey and the municipality passes a bylaw banning it.
You might receive a notice that you are non-compliant with the bylaw.
You go to the municipality and say you were not aware of the bylaw.
Well, sorry about your luck, you still have to pay.
Now, you live on a very quiet street, with little or no traffic, and these are just kids, so you want to challenge this fine, and the bylaw, in court.
Sorry — you can’t, because AMPS disallows you your day in court.
You’re not allowed to challenge the fine, the bylaw or any other bylaws, as there are no provisions in the amendment for a court challenge.
According to Stephen Parker, president of the Ontario Paralegal Association (OPA), in an article in Paralegal Scope Magazine on AMPS: “It denies a person’s right to challenge the allegation of what is now an offence … They are promoting this as a cost-cutting initiative for the municipalities and nothing to do with a person’s right to face their accuser.”
Parker also says if the AMPS system is implemented, it would affect “the vast majority of paralegals”, who represent clients on provincial offences matters.
So say you decide you are not going to pay the fine because you feel that without a chance to have your day in court, this simply isn’t right.
Again, sorry. The government will just add the cost of the fine to your property taxes, as a debt to the municipality, and if you don’t pay, you can lose your home or property, within two years, for non-payment of property taxes.
This bill also specifies a new requirement for “green roofs” on new construction — essentially vegetation growing on the roof.
Think about the costs and the bugs and other pests this will attract.
Think about the snow load in winter, the weight on these roofs and the danger it may cause.
Should this be mandatory? Is it even constitutional? Some would say no.
What about democratic voter rights? They, it would seem, are removed as well.
According to the explanatory notes of Bill 68, amendments will be made to the Municipal Act, concerning how regional municipalities are able to change the composition of their councils.
The amendments also require a regional municipality to review the number of its members who represent the lower-tier municipality.
Provisions are included to permit a cabinet minister to alter the composition of regional councils in certain circumstances.
This violates your fundamental right to be democratically represented.
As for the Municipal Conflict of Interest Act, the government is making changes to it as well, and many of them are not in the favour of voters.
These are just a few of the things that are wrong will Bill 68.
It needs to be defeated at Queen’s Park.
Contact your MPP and make your voice heard.