Municipal By-law Enforcement Regulation

Municipal By-law Enforcement Regulation, M.R. 116/2016 The Municipal By-law Enforcement Act , C.C.S.M. c. M245 Regulation 116/2016 Registered July 29, 2016 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Maximum penalty 3 Other means of delivering penalty notice 4 Adjudicator qualifications 5 Appointing adjudicators 6 Adjudicator oath of office 7 Adjudicator remuneration and expenses 8 Chief adjudicator's additional remuneration 9 Roster of adjudicators 10 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Municipal By-law Enforcement Act . («  Loi  ») "full-day sitting" , for an adjudicator, means at least two three-hour periods of hearing one or more disputes and one hour period of administration in relation to those hearings in one 24-hour period. (« journée de séance  ») "half-day sitting" , for an adjudicator, means at least one three-hour periods of hearing one or more disputes and 1/2 hour period of administration in relation to those hearings in one 24-hour period. (« demi-journée de séance  ») "roster" means a roster established under section 9. («  liste ») MAXIMUM PENALTY Maximum penalty 2 The maximum administrative penalty that a municipality may impose for a designated by-law contravention is $1000. PENALTY NOTICES Other means of delivery 3(1) In addition to the ways in which a penalty notice may be delivered under subsection 9(1) of the Act, a municipality may also deliver a penalty notice as follows: (a) if the person named in the penalty notice is a corporation, by delivering the penalty notice (i) personally or by mail to an officer or director of the corporation, or (ii) personally to someone who appears to be in charge at a place where the corporation carries on business; (b) if the penalty notice is in respect of a particular parcel of real property or an improvement on a particular parcel of real property, by delivering the penalty notice personally to someone who appears to be at least 16 years old at the parcel. 3(2) A penalty notice delivered in accordance with clause (1)⁠(a) or (b) is, (a) if delivered personally, deemed to have been delivered to the person named in the penalty notice on the date of delivery; and (b) if delivered by mail, deemed to have been delivered to the person named in the penalty notice seven days after the date of mailing. ADJUDICATION OF DISPUTES Adjudicator qualifications 4 To be eligible for appointment as an adjudicator, a person must have the following qualifications: (a) be a Canadian citizen who is 18 years of age or older; (b) not have been convicted of an offence under a federal enactment for at least 10 years before applying for the appointment; (c) not be named in a penalty notice, or in an offence notice issued under The Summary Convictions Act , in relation to which a penalty is outstanding and overdue; (d) not be an employee or an elected official of a municipality or planning district and not have been so for at least six months before the appointment; (e) be able to deal effectively with people in a fair, courteous and diplomatic way; (f) be knowledgeable about the principles of administrative law and the practice of adjudication; (g) be able to formulate reasoned decisions respecting contraventions of municipal by-laws and communicate those decisions orally or in writing and in a timely manner. Appointing adjudicators 5(1) Each adjudicator is to be appointed for an initial term of two years. 5(2) An adjudicator may be reappointed for a second or subsequent terms of two years. 5(3) One adjudicator is to be appointed as chief adjudicator with responsibility for managing the roster and carrying out other administrative responsibilities related to the adjudication scheme. 5(4) The deputy attorney general may rescind an adjudicator's appointment if satisfied that the person has ceased to be qualified for the appointment or is no longer suitable for the appointment. 5(5) If an adjudicator resigns or his or her appointment expires other than by a rescission under subsection (4) and the adjudicator has started to hear a dispute, the adjudicator may continue to act as an adjudicator until the adjudicator has decided the dispute and provided his or her decision to the municipality under subsection 19(4) of the Act. Adjudicator oath of office 6 Before performing the duties of an adjudicator, a person appointed under section 5 must take the following oath: I swear/affirm that I will faithfully, honestly and impartially fulfil the duties and exercise the powers entrusted to me as an adjudicator under The Municipal By-law Enforcement Act . Adjudicator's remuneration and expenses 7(1) An adjudicator must be paid the following: (a) for a half-day sitting 7(2) If an adjudicator hears disputes in a 24-hour period that together constitute more than a half-day sitting, but less than a full-day sitting, the adjudicator must be paid for a half-day sitting plus $60 per hour afterwards, not to exceed $400 for a 24-hour period. 7(3) If an adjudicator hears disputes in a 24-hour period that together constitute less than a half-day sitting, the adjudicator must be paid $60 for the first hour or part of an hour, and $60 per hour afterwards, not to exceed $200 for a 24-hour period. 7(4) If an adjudicator has been scheduled for a half-day sitting or a full-day sitting and the sitting is cancelled with less than 48 hours notice, the adjudicator must be paid $175. 7(5) In addition to the amounts under subsections (1) to (4), an adjudicator is to be reimbursed for reasonable expenses in respect of services, including travel, as provided in the government's General Manual of Administration. 7(6) The amounts payable to an adjudicator under this section are to be paid by the municipality directly to the adjudicator. Chief adjudicator's additional remuneration 8 In addition to the amounts payable under section 7, each municipality in respect of which an adjudication is held must pay directly to the chief adjudicator an administration fee of $10 per adjudication, to a maximum per municipality of $40 for a 24-hour period. Roster of adjudicators 9(1) The government must establish one or more rosters of adjudicators for the purpose of hearing disputes, as follows: (a) for all municipalities that require administrative penalties to be paid in respect of the contravention of its by-laws; (b) for all municipalities in a particular geographical region of the province that require administrative penalties to be paid in respect of the contravention of its by-laws; (c) for one or more particular municipalities that require administrative penalties to be paid in respect of the contravention of its by-laws. 9(2) The chief adjudicator must select an adjudicator from the roster for any sitting or grouping of sittings. Coming into force 10 This regulation comes into force on the day that The Municipal By-law Enforcement Act , S.M. 2013, c. 47, Schedule B, comes into force.