O. Reg. 282/10: ADMINISTRATIVE FEES
filed July 9, 2010 under Metrolinx Act, 2006, S.O. 2006, c. 16
Skip to contentONTARIO REGULATION 282/10
made under the
METROLINX ACT, 2006
Made: June 2, 2010
Filed: July 9, 2010
Published on e-Laws: July 12, 2010
Printed in The Ontario Gazette: July 24, 2010
ADMINISTRATIVE FEES
Definitions
“administrative fee by-law” means a by-law establishing a system of administrative fees passed under subsection 21.1 (1) of the Act; (“règlement administratif sur les frais administratifs”)
“designated by-law” means a by-law referred to in clause 2 (a) or (b) that is designated by the Corporation as a by-law to which the Corporation’s system of administrative fees applies and, if only a part of a by-law is designated, includes only the designated part of the by-law. (“règlement administratif désigné”).
(2) For the purposes of this Regulation, the owner of a vehicle is deemed to be,
(a) the person whose name appears on the permit for the vehicle; or
(b) if the vehicle permit consists of a vehicle portion and plate portion and different persons are named on each portion, the person whose name appears on the plate portion.
Application
2. This Regulation applies to a system of administrative fees that the Corporation may establish under section 21.1 of the Act in respect of the contravention of a by-law,
(a) passed under clause 21 (1) (a) of the Act respecting the stopping, standing or parking of vehicles on land owned, used or occupied by the Corporation; or
(b) passed under clause 21 (1) (d) of the Act respecting the payment of fares by passengers.
General conditions
3. (1) The Corporation does not have the power to enforce a by-law establishing a system of administrative fees passed under subsection 21.1 (1) of the Act unless,
(a) the by-law establishing the system of administrative fees meets the requirements of this Regulation;
(b) the Corporation has designated the by-laws passed under clause 21 (1) (a) or (d) of the Act, as applicable, or the parts of such by-laws, to which the system of administrative fees applies; and
(c) the Corporation has met the requirements of this Regulation.
(2) The purpose of the system of administrative fees established by the Corporation shall be to assist the Corporation,
(a) in regulating the flow of traffic and use of land by promoting compliance with its by-laws passed under clause 21 (1) (a) of the Act; and
(b) in regulating the payment of fares by passengers and ensuring that passengers pay their required fares by promoting compliance with its by-laws passed under clause 21 (1) (d) of the Act.
(3) The system of administrative fees established by the Corporation shall be designed to provide high quality customer service for resolving parking and fare related disputes to which the system applies.
(4) The Corporation shall not designate a by-law relating to accessible parking as a by-law to which the system of administrative fees applies.
Liability of owner
4. If a vehicle is parked, standing or stopped in contravention of a designated by-law passed under clause 21 (1) (a) of the Act and if the by-law provides that the owner of a vehicle may be charged with and convicted of a contravention of the by-law for which the driver is subject to be so charged, the owner is, upon issuance of an administrative fee notice in accordance with the administrative fee by-law, liable to pay an administrative fee in an amount specified in the administrative fee by-law.
Liability of passenger
5. A passenger who contravenes a designated by-law passed under clause 21 (1) (d) of the Act is, upon issuance of an administrative fee notice in accordance with the administrative fee by-law, liable to pay an administrative fee in an amount specified in the administrative fee by-law.
6. The amount of an administrative fee established by the Corporation,
(a) shall not be punitive in nature; and
(b) shall not exceed the amount reasonably required to promote compliance with a designated by-law.
Administration of system of administrative fees
7. The Corporation shall develop standards relating to the administration of the system of administrative fees which shall include,
(a) guidelines to define what constitutes a conflict of interest in relation to the administration of the system, to prevent such conflicts of interest and to redress such conflicts should they occur;
(b) policies and procedures regarding financial management and reporting; and
(c) procedures for the filing and processing of complaints made by the public with respect to the administration of the system.
Procedural requirements
8. (1) An administrative fee by-law passed by the Corporation shall include the following procedural requirements in order to ensure that a person who receives an administrative fee notice receives procedural fairness:
1. An owner of a vehicle to whom section 4 applies or a passenger to whom section 5 applies, as the case may be, must be provided with reasonable notice that an administrative fee is payable under the administrative fee by-law.
2. The individual issuing an administrative fee notice in respect of the contravention of a designated by-law is not allowed to accept payment in respect of the administrative fee.
3. A person who receives an administrative fee notice shall be given the right to request a review of the administrative fee by a screening officer appointed by the Corporation for that purpose.
4. The screening officer may cancel, affirm or vary the administrative fee, including any additional fee imposed under section 11, upon such grounds as are set out in the administrative fee by-law.
5. A person who receives notice of the decision of the screening officer shall, in such circumstances as may be specified in the administrative fee by-law, be given the right to a review of the screening officer’s decision by a hearing officer appointed by the Corporation for that purpose.
6. The hearing officer shall not make a determination with respect to a review of the screening officer’s decision unless he or she has given the person who requested the review an opportunity to be heard.
7. The hearing officer may cancel, affirm or vary the decision of the screening officer upon such grounds as are set out in the administrative fee by-law.
8. Procedures must be established to allow a person to obtain an extension of time in which to request a review by a screening officer, or a review by a hearing officer, on such grounds as are set out in the administrative fee by-law.
9. Procedures must be established to permit persons to obtain an extension of time for payment of the administrative fee on such conditions as are set out in the administrative fee by-law.
10. The procedures established under paragraphs 8 and 9 shall provide for a suspension of the enforcement mechanisms available under sections 9 and 10 in relation to the administrative fee if an extension of time has been granted.
11. Procedures must be established to permit persons to be excused from paying all or part of the administrative fee, including any additional fees referred to in section 11, if requiring them to do so would cause undue hardship.
(2) The appointment of the hearing officer shall be consistent with the conflict of interest guidelines referred to in clause 7 (a) and the hearing officer shall conduct hearings in an impartial manner.
(3) Neither a screening officer nor a hearing officer has jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law.
(4) The Statutory Powers Procedure Act applies to a review by a hearing officer.
(5) The decision of a hearing officer is final.
Enforcement
9. If an administrative fee by-law provides under subsection 21.1 (2) of the Act for the enforcement of the payment of an administrative fee, the by-law shall include the following requirements:
1. If an administrative fee is not paid within 15 days after the date that it becomes due and payable to the Corporation, the Corporation has the right to enforce payment of the amount in default in accordance with this section.
2. The Corporation may file a certificate of default in a court of competent jurisdiction and, once filed, the certificate is deemed to be an order of the court and may be enforced in the same manner as an order of the court.
3. A certificate of default shall be in the form approved by the Attorney General.
4. Costs incurred in obtaining and enforcing the deemed order shall be added to the order and collected under the order.
5. A certificate of default shall not be filed more than two years after the date on which the administrative fee first became due and payable.
6. One certificate of default may be filed with the court in respect of two or more administrative fees imposed on the same person.
7. If, after a certificate of default has been filed with the court, every administrative fee to which the certificate relates is paid in full, the Corporation shall,
i. notify the court in writing, and
ii. if a writ of execution has been filed with the sheriff, notify the sheriff in writing.
Other enforcement measures
10. (1) If an administrative fee is not paid within 15 days after the date that it becomes due and payable to the Corporation, the Corporation may use, in addition to the enforcement measures described in section 9, such other enforcement measures as may be permitted under the Act.
(2) The other enforcement measures referred to in subsection (1) shall not be punitive in nature.
Additional fees
11. (1) Subject to subsection (2), the Corporation may charge additional fees, in the amounts specified in the administrative fee by-law, as follows:
1. If an administrative fee is not paid within 15 days after the date that it becomes due and payable to the Corporation,
i. late payment fees, and
ii. fees in respect of amounts paid by the Corporation to obtain documents or information about the vehicle or about the owner of the vehicle in order to enforce payment of the administrative fee.
2. A fee in respect of the failure of a person to appear at the time and place scheduled for a hearing by a hearing officer.
3. A fee in respect of collection costs if the Corporation uses a collection agency to collect administrative fees and additional fees described in this subsection.
(2) No fee may be charged in relation to obtaining a review before a screening officer or a hearing officer.
(3) The additional fees described in subsection (1) do not form part of the administrative fee for the purpose of calculating the monetary limits described in section 6.
(4) The additional fees described in subsection (1) may be added to the administrative fees in default and the additional amount may be included in the amount to be collected in accordance with the enforcement measures used by the Corporation under sections 9 and 10.
(5) If a person has paid any of the additional fees described in subsection (1) in respect of an administrative fee and the administrative fee is subsequently cancelled by a screening officer or a hearing officer, the Corporation shall refund these additional fees in full to the person.
Notice of change in administrative fees
12. (1) The Corporation shall give public notice of any change to the amount of an administrative fee specified in an administrative fee by-law at least 30 days before implementation of the change.
(2) Notice under subsection (1) is sufficiently given if it is posted on the Corporation’s website.
Availability of by-law
13. The Corporation shall ensure that an administrative fee by-law passed by the Corporation is made available to the public in such manner as it sees fit, at no cost.
Commencement
14. This Regulation comes into force on the later of July 1, 2010 and the day this Regulation is filed.