Administrative Monetary Penalty System By-Law

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BY-LAW 2025-080

Being a Bylaw to establish an Administrative Monetary Penalty System in the Township of Russell.

WHEREAS Section 102.1 of the Municipal Act, 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 Russell to require a person to pay an administrative penalty for a contravention of any bylaw respecting the parking, standing or stopping
of vehicles;

AND WHEREAS Section 434.1 of the Municipal Act, as amended, authorizes the Corporation of the Township of Russell 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 bylaw of the
municipality;

AND WHEREAS Sections 23.1, 23.2, 23.3 and 23.5 of the Municipal Act, as amended, authorize the Corporation of the Township of Russell to delegate its administrative and hearing powers;

AND WHEREAS the Council of the Corporation of the Township of Russell considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for designated Township Bylaws;

AND WHEREAS Section 15.4.1(1) of the Ontario Building Code, 1992, S.O. 1992, c. 23 as amended, authorizes the Corporation of the Township of Russell 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 Bylaw of the municipality;

AND WHEREAS the Council of the Corporation of the Township of Russell is of the opinion that the delegations of legislative power under this Bylaw to the Director, the Clerk, to Hearings Officers and to Screening Officers are of a minor nature having regard to the number of people, the size of the geographic area, and the time period affected by the exercise of such delegated power;

AND WHEREAS Section 391 of the Municipal Act, as amended, authorizes the Corporation of the Township of Russell to pass bylaws imposing fees or charges for services or activities provided or done by or on behalf of it;

AND WHEREAS the Council of the Corporation of the Township of Russell considers it desirable and necessary to provide for a system of administrative penalties and administrative fees for the designated Township bylaws, or portions of the designated Township bylaws;

NOW THEREFORE The Corporation of the Township of Russell enacts as follows:

1. SHORT TITLE

1.1 This Bylaw may be referred to as the “Administrative Monetary Penalty System Bylaw” or the “AMPS Bylaw.”

2. DEFINITIONS

2.1 In this Bylaw:

“Administrative Fee” means any fee specified in this Bylaw or set out in Schedule “B”;
“Administrative Penalty” means an administrative penalty established by this Bylaw or set out in the attached Schedule “A” for a contravention of a Designated Bylaw;
“AMPS” means Administrative Monetary Penalty System;
“Adjudication Fee” means the amount the recipient is liable to pay for non-parking offences as specified in Section 7.18 of the Bylaw and listed in Schedule “B”
“Authorized Representative” means someone appearing on behalf of a Person in accordance with a written authorization provided upon request to the Director, and who is not required to be licensed by any professional body;
“Clerk” means the Clerk of the Township of Russell, or any person designated by them;
“Council” means the Council of the Township of Russell;
“Day” means any calendar day;
“Designated Bylaw” means a bylaw, or a part or provision of a bylaw, that is designated under this or any other bylaw, and listed in the attached Schedule “A” to which the AMPS applies;
“Director” means the Public Safety and Enforcement Director, or its designate;
“Extension Period” means a period from time to time established by the Director;
“Hearing Non-appearance Fee” means an Administrative Fee established by by-law in respect of a Person’s failure to appear at the time and place scheduled for a review before a Hearings Officer and listed in Schedule “B”.
“Hearing Decision” means a notice that contains a decision made by a Hearings Officer;
“Hearings Officer” means a person appointed by Council who performs the functions of a Hearings Officer in accordance with Section 7.0 of this Bylaw, and pursuant to the Township’s Screening and Hearings Officer Bylaw;
“Holiday” means a Saturday, Sunday, any statutory holiday in the Province of Ontario, or any Day the offices of the Township are officially closed for business;
“Late Payment Fee” means an Administrative Fee established by bylaw in respect of a Person’s failure to pay an Administrative Penalty within the time prescribed in this Bylaw, and listed in Schedule “B”;

“MTO Search Fee” means an Administrative Fee established by by-law for any search of the records of, or any inquiry to, the Ontario Ministry of Transportation (MTO), related authority, and listed in Schedule “B”;“NSF Fee” means an Administrative Fee established by by-law in respect of payment by negotiable instrument or credit card received by the Township from a Person for payment of any Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn, and is listed in Schedule “B”;
“Officer” means a person appointed by the Corporation of the Township of Russell as a Municipal Law Enforcement Officer to enforce the provisions of the by-law;
“Penalty Notice” means a notice given to a Person pursuant to Section 4.0 of this Bylaw;
“Penalty Notice Date” means the date of the contravention specified on the Penalty Notice in accordance with Section 4.0 of this Bylaw;
“Penalty Notice Number” means the number specified on the Penalty Notice pursuant to Section 4.0 of this Bylaw;
“Person” includes an individual or a business name, sole proprietorship, corporation, partnership, or limited partnership, or an authorized representative thereof, and, in relation to vehicle, parking or traffic related contraventions, whose name appears on the vehicle permit as provided by the Ontario Ministry of Transportation. If the vehicle permit consists of a vehicle portion and license plate portion, and different Persons are named on each portion, the Person whose name appears on the license plate portion, as provided by the Ontario Ministry of Transportation, is the Person for the purposes of this Bylaw;
“Plate Denial Fee” means an Administrative Fee established by by-law in respect of a Person’s failure to pay within the time prescribed prior to a request for plate denial, and listed in Schedule “B”;
“Regulation” means Ontario Regulation 333/07 under the Municipal Act, as amended;
“Request for Extension” means the prescribed form to be used to request an extension to obtain a Screening or Review by a Screening or Hearings Officer, attached hereto as Schedule “D” and “E”;
“Request for a Review by a Hearings Officer” means the request which may be made in accordance with Section 7.0 of this Bylaw for the review of a Screening Decision;
“Request for a Review by a Screening Officer” means the request which may be made in accordance with Section 6.0 of this Bylaw for the review of a Penalty Notice;
“Request for Review Form” means the prescribed form to be used to request a Review by a Screening or Hearings Officer, attached hereto as Schedule “C”;
“Review by a Hearings Officer” and “Hearing” means the process set out in Section 7.0 of this Bylaw;
“Review by a Screening Officer” and “Screening” means the process set out in Section 6.0 of this Bylaw;
“Second Offence Set Penalty” means the second offence set penalty set out in Schedule “A” Column A5 for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this Bylaw;
“Screening Decision” means a notice which contains the decision of a Screening Officer, delivered in accordance with Section 6.13 of this Bylaw;
“Screening Officer” means a person appointed by Council who performs the functions of a Screening Officer in accordance with Section 6.0 of this Bylaw, and pursuant to the Township’s Screening and Hearings Officer Bylaw;
“Third Offence Set Penalty” means the third offence set penalty set out in Schedule “A” Column A6 for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this Bylaw; and
“Township” means the Corporation of The Township of Russell.

3. APPLICATION OF THIS BYLAW

3.1 The Township Bylaws, or portions of Township Bylaws, listed in Schedule “A” of this Bylaw shall be Designated Bylaws for the purposes of Sections 102.1, 151 and 434.1 of the Municipal Act and paragraph 3(1)(b) of the Regulation. The attached Schedule “A” sets out the Administrative Penalty, and may include short form language to be used on Penalty Notices, for the contraventions of Designated Bylaws.

3.2 Schedule “B” of this Bylaw shall set out Administrative Fees imposed for the purposes of this Bylaw.

3.3 The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, will continue to apply to contraventions of a Designated By-law, except that no person that is required to pay an administrative penalty under this By-law in respect of a contravention of a Designated By-law shall be charged with an offence in respect of the same contravention under the Provincial Offences Act.

4. PENALTY NOTICE

4.1 Every Person who contravenes a provision of a Designated Bylaw shall, upon issuance of a Penalty Notice, be liable to pay the Township an Administrative Penalty in the amount specified in the attached Schedule “A” to this Bylaw.

4.2 An Officer who has reason to believe that a Person has contravened any Designated Bylaw may issue a Penalty Notice as soon as reasonably practicable.

4.3 A Penalty Notice shall include the following information, as applicable:

4.3.1 The Penalty Notice Date;
4.3.2 A Penalty Notice Number;
4.3.3 The date on which the Administrative Penalty is due and payable;
4.3.4 The identification number or name of the office and signature of the Officer;
4.3.5 The contravention wording as listed in the attached Schedules, or other particulars reasonably sufficient to indicate the contravention;
4.3.6 The amount of the Administrative Penalty;
4.3.7 Payment options
4.3.8 Such additional information as the Director determines is appropriate, respecting the process by which a Person may exercise the right to request a Screening Review of the Administrative Penalty; and
4.3.9 A statement advising that an unpaid Administrative Penalty, including any applicable Administrative Fee(s), will constitute a debt of the Person to the Township unless cancelled pursuant to Screening Review or Hearing process.

4.4 The amount due for a Penalty Notice is:

4.4.1 The set penalty amount date on which the Administrative Penalty is due and payable, fifteen (15) days from service of the Penalty Notice;
4.4.2 The second offence Administrative Penalty set out in Schedule “A” for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this Bylaw; or
4.4.2 The third offence Administrative Penalty set out in Schedule “A” for the related contravention if the same violation is repeated by the same person, three (3) or more times, within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this Bylaw.

4.5 In addition to the service methods provided in Section 8.0 “Service of Documents” of this Bylaw, an Officer may serve the Penalty by:

4.5.1 Affixing it to the vehicle in a conspicuous place at the time of a parking or traffic-related contravention; or

4.5.2 Delivering it personally to the Person,

4.5.2.1 When relating to a parking or traffic-related contravention, the Person having care and control of the vehicle at the time of the contravention, within seven (7) days of the contravention; or

4.5.2.2 For all other contraventions, within thirty (30) days of the contravention.

4.6 No Officer may accept payment of an Administrative Penalty or Administrative Fee.

4.7 A Person who is served with a Penalty Notice and who does not pay the amount of the Administrative Penalty on or before the date on which the Administrative Notice is due and payable, shall also pay the Township any applicable Administrative Fee(s) as specified in the attached Schedule “B” to this Bylaw.

5. VOLUNTARY PAYMENT OF PENALTY NOTICE

5.1 Where a Penalty Notice has been paid, the Penalty Notice shall not be subject to any further review.

5.2 A Penalty Notice shall be deemed to have been paid when the amount and all fees prescribed in Schedule “B” have been paid.

5.3 A Penalty Notice shall be paid in a manner set out in the Financial Management and Reporting Policy.

6. REVIEW BY A SCREENING OFFICER

6.1 A Person who is served with a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer and shall do so on or before the date on which the Administrative Penalty is due and payable, as defined in Section 4.3.3, and in accordance with the process set out in Section 6.4.

6.2 If a Person has not requested a Review by a Screening Officer on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Director extend the time to request a Screening Review to a date that is no later than forty-five (45) days after the Penalty Notice service date, in accordance with the process set out in Section 6.4.

6.3 A Person’s right to request an extension of time for a Screening Review expires, if it has not been exercised, on or before forty-five (45) days after the Penalty Notice service date, at which time:

6.3.1 The Person shall be deemed to have waived the right to request a Review by a Screening Officer or request an extension of time for a Screening Review;
6.3.2 The Administrative Penalty shall be deemed to be confirmed; and
6.3.3 The Administrative Penalty shall not be subject to any further review, including a review by any Court.

6.4 A Person’s Request for a Review by Screening Officer or request for an extension of time to request a Review by a Screening Officer shall be exercised by a submission by email or mail, using the Request for Review Form, attached hereto as Schedule “C” or Schedule “D”, and in accordance with the directions included therein.

6.4.1 Requests for a Review by a Screening Officer that are not in the prescribed format shall be deemed to be invalid.

6.5 A Request for Review by a Screening Officer or request for an extension of time to request a Review by a Screening Officer shall be served in accordance with the provisions of Section 8.5 of this Bylaw.

6.6 A Request for Review by a Screening Officer or a request for an extension of time to request a Review by a Screening Officer shall only be scheduled by the Director if the Person makes the request on or before the dates established by Sections 6.1 or 6.2 of this Bylaw.

6.7 The Director may grant a request to extend the time to request a Review by a Screening Officer where the Person demonstrates, to the satisfaction of the Director, at their sole discretion, that the existence of extenuating circumstances prevented the filing of the request within the prescribed timeline.

6.8 Where an extension of time to request a Review by a Screening Officer is not granted by the Director, the Administrative Penalty and any applicable Administrative Fee(s) shall be deemed to be confirmed. Notice of this decision will be provided by the Director to the Person in accordance with Section 8.0.

6.9 Where an extension of time to request a Review by a Screening Officer is granted by the Director, or when a Review by a Screening Officer has been requested in accordance with this Section, confirmation of said extension or receipt of said request shall be provided in accordance with Section 8.0.

6.10 On a Review by a Screening Officer of an Administrative Penalty, the Township will direct that the Review by a Screening Officer to proceed by way of a written screening unless, in the Township’s discretion, an in person or telephone appointment is required.

6.11 Where a Person fails to provide requested documentation in accordance with a request by a Screening Officer:

6.11.1 The Person shall be deemed to have abandoned the request for a Review by a Screening Officer of the Administrative Penalty;
6.11.2 The Administrative Penalty as set out in the Penalty Notice shall be deemed to be confirmed;
6.11.3 The Administrative Penalty shall not be subject to any further review, including a review by any Court; and
6.11.4 The Person shall pay to the Township the Administrative Penalty, and any other applicable Administrative Fee(s).

6.12 On a Review by a Screening Officer of an Administrative Penalty, the Screening Officer may:

6.12.1 Affirm the Administrative Penalty if the Person has not established on a balance of probabilities that the Designated Bylaw(s) was not contravened as described in the Penalty Notice; or
6.12.2 Cancel, reduce the penalty and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s), where, in the sole discretion of the Screening Officer, doing so would maintain the general intent and purpose of the Designated Bylaw, and/or any of the following circumstances exist:
- 6.12.2.1 Defective form or substance on the Penalty Notice;
- 6.12.2.2 Service of the Penalty Notice did not occur in accordance with Section 8.0; or
- 6.12.2.3 Undue financial hardship.

6.13 After a Review by the Screening Officer, the Screening Officer shall issue a Screening Decision to the Person, delivered in accordance with Section 8.0 of this Bylaw.

6.14 A Screening Officer has no authority to consider questions relating to the validity of a statute, regulation or bylaw or the constitutional applicability or operability of any statute, regulation or bylaw.

6.15 A Person’s Request for a Review by a Screening Officer shall take place within 45 days upon receipt of the Request for Review form.

7. REVIEW BY A HEARINGS OFFICER

7.1 A Person may Request for a Review by Hearings Officer within thirty (30) days of issuance of a Screening Decision in accordance with the Hearing Screening and Hearing Officers by-law as amended.

7.2 If a Person has not requested a Review by Hearings Officer on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Director extend the time to Request for a Review by Hearings Officer to a date that is no later than forty-five (45) days after the Screening Decision date, in accordance with the process set out in Section 7.4.

7.3 A Person’s right to request an extension of time to Request for a Review by a Hearings Officer expires, if it has not been exercised, on or before forty five (45) days after the Screening Decision date, at which time:

7.3.1 The Person shall be deemed to have waived the right to request a Review by a Hearings Officer or request an extension of time for a Review by a Hearings Officer;

7.3.2 The Screening Decision shall be deemed to be confirmed; and 7.3.3 The Administrative Penalty shall not be subject to any further review, including a review by any Court.

7.4 A Person’s Request for a Review by a Hearings Officer or request for an extension of time to request a Review by a Hearings Officer is exercised by a submission by email or mail, using the Request for Review Form, attached hereto as Schedule “C”, or Schedule “E”, and in accordance with the directions included therein.

7.4.1 Requests for a Review by a Hearings Officer that are not in the prescribed format shall be deemed to be invalid.

7.5 A Request for a Review by a Hearings Officer or request for an extension of time to request a Review by a Hearings Officer shall be served in accordance with the provisions of Section 8.5 of this Bylaw.

7.6 A Request for a Review by a Hearings Officer or a request for an extension of time to request a Review by a Hearings Officer shall only be scheduled by the Director if the Person makes the request on or before the dates established by Sections 7.1 or 7.2 of this Bylaw.

7.7 The Director may grant a request to extend the time to request a Review by Hearings Officer only where the Person demonstrates, to the satisfaction of the Director, at their sole discretion, that they were not served in accordance with Section 8 of the Bylaw.

7.8 Where an extension of time to request a Review by Hearings Officer is granted by the Director, or when a Review by Hearings Officer has been requested in accordance with this Section, a Notice of a Hearing will be provided in accordance with Section 8 of this Bylaw.

7.9 Where a Person fails to appear at the time and place scheduled for a Hearing:

7.9.1 The Person shall be deemed to have abandoned the Request for a Review by a Hearings Officer;
7.9.2 The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall be deemed to be confirmed;
7.9.3 The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall not be subject to any further review, including a review by any Court; and
7.9.4 The Person shall pay to the Township a Hearing Non-appearance Fee, Late Payment Fee, MTO Fee if applicable and any other applicable Administrative Fee(s).

7.10 A Review by a Hearings Officer de novo shall be conducted in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended and the Screening and Hearing Officers bylaw as amended.

7.11 The parties to a Review by a Hearings Officer shall be the Person seeking review and the Township, who may attend through the Director, a Screening Officer, an Officer, the Township Solicitor, or a delegate of any of the above persons.

7.12 Any information contained in the Penalty Notice is admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary. If a Person wishes to challenge the facts contained in the Penalty Notice, they shall mark the Request for Review Form accordingly.

7.13 Upon the conclusion of a Review by a Hearings Officer, the Hearings Officer may:

7.13.1 Confirm the Screening Decision; or
7.13.2 Cancel, reduce the penalty and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s), on the following grounds:
- 7.13.2.1 Where the Person establishes on a balance of probabilities that the Designated Bylaw(s) as described in the Penalty Notice was not contravened; or
- 7.13.2.2 Where the Person establishes on a balance of probabilities that the cancellation, reduction or extension of time for payment of the Administrative Penalty, including any Administrative Fee(s), is necessary to relieve any undue financial hardship.

7.14 A Hearings Officer has no authority to consider questions relating to the validity of a statute, regulation or bylaw or the constitutional applicability or operability of any statute, regulation or bylaw.

7.15 After a Review by the Hearing Officer, the Hearing Officer shall issue a Hearing Decision to the person to be delivered in accordance with Section 8.0 of this Bylaw.

7.16 The decision of a Hearings Officer is final.

7.17 A Person’s Request for a Review by a Hearings Officer shall take place within 45 days upon receipt of the Request for Review form.

7.18 Every person who receives an upheld decision in a review by a Hearing Officer in relation to a Penalty Notice issued through the Administrative Monetary Penalty System established by this Bylaw shall be responsible for an additional Adjudication Fee as prescribed in Schedule ‘’B’’ for the purpose of the Township recovering administrative costs associated to the Hearing Officer Review.

8. SERVICE OF DOCUMENTS

8.1 Any notice or decision, including a Penalty Notice, made pursuant to this Bylaw, when served in any of the following ways, is deemed effective:

8.1.1 Immediately, when a copy is delivered by personal service to the Person to whom it is addressed or, in the case of a Penalty Notice relating to a parking or traffic-related contravention, by affixing it to the vehicle in a conspicuous place at the time of the contravention;
8.1.2 On the seventh (7th) Day following the date that a copy is sent by registered mail or by regular mail to the Person’s last known address;
8.1.3 Immediately upon the conclusion of a copy by facsimile transmission to the Person’s last known facsimile transmission number; or
8.1.4 Immediately upon sending a copy by electronic mail (i.e. email) to the Person’s last known electronic mail address.
8.1.5 Immediately upon delivery to an occupant at the last known address of the person named in the Penalty Notice, who appears to be at least 16 years of age, as soon as reasonably practicable after the contravention.

8.2 For the purposes of subsections 8.1.2, 8.1.3 and 8.1.4 of this Bylaw, a Person’s last known address, facsimile number, and electronic mail address includes an address, facsimile number and electronic mail address provided by the Person to the Township as may be required by a form, practice or policy under this Bylaw.

8.3 If a notice document that is to be given or delivered to a Person under this Bylaw is mailed to the Person at the Person’s last known address appearing on the records of the Township as part of a proceeding under this Bylaw, or sent electronically to an email address that was provided by the Person, there is a presumption that the notice or document is given or delivered to the Person.

8.4 A Person shall keep their contact information for service current by providing any change in address, facsimile, or electronic mail address to the Director, immediately. Failure to comply with this section shall be considered by the Director when a person makes a request for an extension of time to Request a Review by a Screening Officer pursuant to Section 6.2 or a Request for a Review by a Hearings Officer pursuant to Section 7.4.

8.4.1 Absent extenuating circumstances, the Director shall not grant an extension of time on the basis that a Person did not receive notice where that Person has failed to keep their contact information up to date as required by this part.

8.5 Where this Bylaw requires service by a Person on the Township, service shall be addressed to the Director, and shall be deemed effective:

8.5.1 Immediately, when a copy is delivered by personal service to the Director at the location prescribed on the applicable form or notice;
8.5.2 On the seventh (7th) Day following the date a copy is sent by registered mail or by regular mail to the location prescribed on the applicable form or notice; or
8.5.3 Immediately, with respect to electronic mail.

9. ADMINISTRATION

9.1 The Director shall administer this Bylaw and establish any additional practices, policies and procedures necessary to implement this Bylaw and may amend such practices, policies and procedures from time to time as the Director deems necessary, without amendment to this Bylaw.

9.2 The Director shall prescribe all forms and notices, including the Penalty Notice, necessary to implement this Bylaw and may amend such forms and notices from time to time as the Director deems necessary, without amendment to this Bylaw.

9.3 Any Administrative Fee(s) prescribed within Schedule “B” of this Bylaw shall be added to and be deemed part of the penalty amount unless otherwise rescinded by the Screening or Hearing Officers.

9.4 Where an Administrative Penalty is not paid by the date on which the Administrative Penalty is due and payable, the Person shall pay to the Township a Late Payment Fee, in addition to the Administrative Penalty and any applicable Administrative Fee(s).

9.5 Where a Person makes payments to the Township of any Administrative Penalty, Administrative Fee(s) or Late Payment Fee(s), by negotiable instrument or credit card, for which there are insufficient funds available in the account on which the instrument was drawn, the Person shall pay to the Township the NSF Fee set out in schedule ‘B’ of this by-law.

9.6 An Administrative Penalty, including any Administrative Fee(s), that is confirmed or reduced, or in respect of which the time for payment has been extended, remaining unpaid after the date when it is due and payable, constitutes a debt to the Township owed by the Person.

9.7 Where an Administrative Penalty involves a vehicle, the Township may notify the Registrar of Motor Vehicles, resulting in plate denial. At the time that plate denial is requested a plate denial fee will be added in accordance with Schedule “B” of this Bylaw and shall be added to the total debt owed to the Township.

9.8 Where an Administrative Penalty, including any applicable Administrative Fee(s) or Late Payment Fee(s), are not paid within fifteen (15) days after it becomes due and payable shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with Section 434.2 of the Municipal Act, 2001.

9.9 Where an Administrative Penalty is cancelled by a Screening Officer or Hearings Officer, any Administrative Fee(s) are also cancelled.

9.10 An Authorized Representative is permitted to appear on behalf of a Person at a Review by a Hearings Officer, or to communicate with the Township on behalf of a Person in accordance with a written authorization satisfactory to the Director.

9.11 Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday.

9.12 A Person claiming financial hardship under this Bylaw shall provide documented proof of the financial hardship to the Director, the Screening Officer or the Hearings Officer, as applicable.

9.13 Any Schedule attached to this Bylaw forms part of this Bylaw.

10. SEVERABILITY

10.1 If a court of competent jurisdiction declares any provision or part of this by-law to be invalid or unenforceable for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the by-law and it is the intention of Council that all other provisions or parts thereof shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law, unless the court makes an order to the contrary.

11. INTERPRETATION

11.1 The provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Schedule “F”, shall apply to this Bylaw.

11.2 Where words and phrases used in this Bylaw are defined in the Highway Traffic Act, but not defined in this Bylaw, the definitions in the Highway Traffic Act shall apply to such words and phrases.

12. MINOR CORRECTIONS

12.1 The Clerk of the Township of Russell is hereby authorized to make any minor modifications or corrections of an administrative, numeric, grammatical, semantic or descriptive nature or kind to the bylaw and schedule(s) as may be deemed necessary after the passage of this bylaw, where such modifications or corrections do not alter the intent of the bylaw.

13. OFFENCES

13.1 No Person shall:

a) make a false, misleading, or fraudulent statement in relation to a Penalty Notice, or on any form submitted to the Township of Russell in relation to a Penalty Notice; or

b) obstruct an Officer exercising any authority under this by-law

13.2 No person shall attempt , directly or indirectly, to communicate with a Screening Officer or a Hearing Officer for the purpose of influencing in interpreting, financially, politically or otherwise with the Screening Officer or the Hearing Officer respecting a Penalty Notice and/or respecting a Power of Decision in a proceeding that is or will be pending before a Screening Officer or a hearing Officer except;

a) A person who is entitled to be heard in the proceeding or the person's lawyer, licensed paralegal or authorized representative and;
b) Only by that person or the person's lawyer, licensed paralegal or authorized representative during the hearing of the proceeding in which the issues arise.

13.3 Nothing in this section prevent a Screening Officer or a hearing Officer from seeking or receiving legal advice

13.4 Any person who contravenes section 13.1 and/or 13.2 of this bylaw is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the Provincial Offences Act.

14. EFFECTIVE DATE

14.1 This Bylaw shall come into force and effect on October 31, 2025.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8TH DAY OF SEPTEMBER 2025.

Signed by Mike Tarnowski, Mayor
Signed by Joanne Camiré Laflamme, Clerk