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HomeMy Public PortalAbout22-045 - Screening and Hearing Officer By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO.22-045 BEING A BY-LAW TO ESTABLISH AND APPOINT THE POSITIONS OF SCREENING OFFICER AND HEARING OFFICER. WHEREAS Sections 8,9 and 11 of the Municipal Act,2001,S.O.2001,c.25,as amended,(“Municipal Act,2001”)authorize The Corporation of Leeds and the Thousand Islands to pass by-laws necessary or desirable for municipal purposes; WHEREAS Section 102.1 of the MunicipalAct,2001,S.O.2001,c.25,as amended, (the “Municipal Act”)and Ontario Regulation 333/07 (the “Regulation”)authorize The Corporation of the Township of Leeds and the Thousand Islands (the “Township”)to require a person to pay an administrative penalty for a contravention of any by-law respecting the parking,standing or stopping of vehicles; AND WHEREAS Section 434.1 of the Municipal Act,2001 authorizes the Township to require a person,subject to such conditions as the municipality considers appropriate,to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality; AND WHEREAS under the Administrative Penalties Regulation a person who receives a Penalty Notice shall have the right to request a review of the administrative penalty by a Screening Officer appointed by the municipality; AND WHEREAS under the Administrative Penalties Regulation,a person who receives notice of a decision from a Screening Officer shall have the right to a review of the Screening Of?cer's decision by a Hearing Officer appointed by the municipality; AND WHEREAS the Township of Leeds and the Thousand Islands considers it desirable and necessary to establish the position of a Screening Officer and a Hearing Officer which are required for the operation of the Township’s Administrative Penalty By-law; AND WHEREAS Section 425 of the Municipal Act,2001 authorizes the Corporation of Leeds and the Thousand Islands to pass by-laws providing that a person who contravenes a by—lawof the Township of Leeds and the Thousand Islands passed under that Act is guilty of an offence; NOW THEREFORE the Council for The Corporation of Leeds and the Thousand Islands hereby enacts as follows: PART I —SHORT TITLE 1.This By-law may be referred to as the "Screening and Hearing Officer By-law". PART II -SCREENING OFFICER 2.The position of Screening Officer is established for the purpose of exercising the Power of Decision in the review of an administrative penalty as set out in the Township's Administrative Penalty By-law. 3.The Screening Officer shall have all the powers of review as set out in the Township's Administrative Penalty By-law and the Regulation. 4.The Director of Planning and Development or designate is appointed as the Screening Officer. PART III -HEARING OFFICER 5.The position of the Hearing Officer is established forthe purpose of exercising the Power of Decision in the appeal of a Screening Decision as set out in the Township's Administrative Penalty By-law. 6.The Hearing Of?cer shall have all the powers of review as set out in the Township's Administrative Penalty By-law and the Administrative Penalties Regulation. 7.The Township’s external legal counsel shall be appointed by Council as the Hearing Officer. 8.This By-law shall come into force on the date of its passing. READ A FIRST AND SECOND TIME THIS 11"‘DAY OF JULY,2022. READ A THIRD TIME AND FINALLY PASSED THIS 11"‘DAY OF JULY,2022. The Corporation of the Township"of Leeds and the Thousand Islands £4?/I vézré/2 Corinna Smith-Gatcke,Mayor A?gl?awnmi Megan Shannon,Clerk