Waterloo eyes new rules for challenging bylaw infractions
Posted Jun 7, 2023 02:23:04 PM.
Last Updated Jun 7, 2023 02:30:26 PM.
The City of Waterloo is looking to change the way you challenge a bylaw infraction and the cities of Kitchener and Cambridge are looking to follow suit.
The proposal would see that process taken out of the provincial court system and instead use an Administrative Monetary Penalty System (AMPS), much the same as has been in place for parking tickets since 2019.
That would mean, instead of having to be challenged in court, bylaw infraction challenges would first be sent to a ‘screening’ process.
“The screening officer is a city employee,” said Grant Curlew, Manager, Licensing and Standards, City of Waterloo. “They’ll look at the officer’s evidence and they’ll consider whatever evidence you’re presenting and they’ll make a decision.”
Curlew said that process could be as simple as a few quick e-mails or a phone call. He also said, when it comes to parking tickets, it has tended to result in more favourable outcomes for ticket-holders.
If that decision still comes out in favour of the city, however, Curlew said the next step would be to appeal to an independent hearing officer.
“So independent from city council, from city staff, they’re not a city employee and they’ll hear the case, essentially, and make a decision on whether you’re guilty or innocent,” he said.
Curlew said that decision would be final and, so far, there have been few complaints with the system with respect to parking disputes.
He also said the new rules are designed to make the process easier, faster, and less involved.
“Through the provincial offences system, parking tickets typically took about 246 days to resolve from time of issuance and we’ve since seen that reduced to 69 days through our AMPS program,” Curlew said. “Allowing just an email conversation with a staff person, a lot of the time, results in a favourable outcome.”
“It [also] lessens resources for the city and the region, we don’t have to send a prosecutor and officers to court for the day, but also for the ticket holder, they don’t have to take a day off work to go challenge a ticket, it can be as simple as an email.”
The proposal is set to go before council in Waterloo on June 12 and, if passed, Curlew said the new rules could be in place by end of Summer–prior to the return of many post-secondary students in September.
