hordruma/ontario_laws_and_regs huggingface dataset:
PART XIV ENFORCEMENT
431.
431 If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order, (a)  prohibiting the continuation or repetition of the offence by the person convicted; and (b)  in the case of a by-law described in section 135 or 142, requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 431.1. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 11 - 01/08/2006 2006, c. 32, Sched. A, s. 184 - 01/01/2007 431.2. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 12 - 01/08/2006 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
432.
432 A by-law under section 425 may establish a procedure for the voluntary payment of penalties out of court where it is alleged that any of the following by-laws have been contravened: 1.  By-laws related to the parking, standing or stopping of vehicles. 2.  By-laws related to animals, as defined in section 11.1, being at large or trespassing.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
433.
433 (1) Except as otherwise provided in this or any other Act, every fine imposed for a contravention of a by-law of a municipality or by-law of a local board of the municipality belongs to the municipality.  2006, c. 32, Sched. A, s. 184. Proceeds in cases of obstruction (2) The proceeds of any fine imposed in a prosecution conducted by a municipality for an offence under section 426 shall be paid to the treasurer of the municipality and section 2 of the Administration of Justice Act and section 4 of the Fines and Forfeitures Act do not apply with respect to that fine.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 433.1. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 13 - 15/12/2005 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
434.
434 The fines imposed for the contravention of by-laws of any lower-tier municipality shall, where prosecuted by the police force of the upper-tier municipality, belong to the upper-tier municipality and, where prosecuted by any other person, belong to the lower-tier municipality whose by-law has been contravened.  2006, c. 32, Sched. A, s. 184. Note: On a day to be named by proclamation of the Lieutenant Governor, section 434 of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 33 (13)) Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2018, c. 3, Sched. 5, s. 35 (13) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (13) - not in force
PART XIV ENFORCEMENT
434.1
434.1 (1) Without limiting sections 9, 10 and 11, a municipality may 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 passed under this Act. 2017, c. 10, Sched. 1, s. 75. Purpose of administrative penalties (2) The purpose of a system of administrative penalties established by a municipality under this section shall be to assist the municipality in promoting compliance with its by-laws. 2017, c. 10, Sched. 1, s. 75. Monetary limit (3) The amount of an administrative penalty established by a municipality, (a)  shall not be punitive in nature; and (b)  shall not exceed the amount reasonably required to promote compliance with a by-law of the municipality. 2017, c. 10, Sched. 1, s. 75. Effect on offences (4) If a person is required by a municipality to pay an administrative penalty under subsection (1) in respect of a contravention, the person shall not be charged with an offence in respect of the same contravention. 2017, c. 10, Sched. 1, s. 75. Regulations (5) The Minister may make regulations providing for any matters which, in the Minister’s opinion, are necessary or desirable for the purposes of this section, including, (a)  granting a municipality powers with respect to requiring that persons pay administrative penalties and with respect to other matters necessary for a system of administrative penalties; (b)  imposing conditions and limitations on a municipality’s powers with respect to administrative penalties. 2017, c. 10, Sched. 1, s. 75. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 75 - 30/05/2017
PART XIV ENFORCEMENT
434.2
434.2 (1) An administrative penalty imposed by a municipality on a person under section 434.1 constitutes a debt of the person to the municipality. 2017, c. 10, Sched. 1, s. 75. Amount owing added to tax roll (2) If an administrative penalty imposed under section 434.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of a local municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the administrative penalty, and collect it in the same manner as municipal taxes. 2017, c. 10, Sched. 1, s. 75. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 75 - 30/05/2017
PART XIV ENFORCEMENT
434.3
434.3 (1) A municipality may pass a by-law providing that no proceeding in respect of an offence under a by-law relating to a matter described in section 223.9 or 223.10 shall be commenced more than two years after the time when the subject-matter of the proceeding arose. 2017, c. 10, Sched. 1, s. 76. Transition (2) A by-law passed under subsection (1) does not apply if the subject-matter of the proceeding arose more than six months before the day the by-law is passed. 2017, c. 10, Sched. 1, s. 76. Section Amendments with date in force (d/m/y) 2017, c. 10, Sched. 1, s. 76 - 30/05/2017 Powers of Entry
PART XIV ENFORCEMENT
435.
435 (1) Unless otherwise provided in this Act, in an order under section 438 or in a warrant under section 439, the following conditions apply to the exercise of a power of entry of a municipality under this Act: 1. The power of entry shall be exercised by an employee, officer or agent of the municipality or a member of the police force of the municipality. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 435 (1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 33 (14)) 2.  The person exercising the power must on request display or produce proper identification. 3.  The person exercising the power may be accompanied by a person under his or her direction. 4.  Notice of the proposed entry shall be provided to the occupier of the land, except, i.  where the entry is authorized under section 436, clause 437 (a) or (e) or section 439, ii.  where the entry is authorized under section 438 in respect of a premises other than a room or place actually used as a dwelling, iii.  where entry is authorized onto land under section 62, 87 or 97 or Part XI, or iv.  where the delay necessary to give notice of the entry would result in an immediate danger to the health or safety of any person. 5.  The municipality shall restore the land to its original condition in so far as is practicable and shall provide compensation for any damages caused by the entry or by anything done on the land except where the entry, i.  is under section 446, or ii.  is under Part XI if, under that Part, the treasurer registers a notice of vesting, in the name of the municipality, in respect of the land.  2006, c. 32, Sched. A, s. 184. Notice (2) Where subsection (1) requires that notice of a proposed exercise of a power of entry be given, the notice must satisfy the following requirements: 1.  The notice must be given to the occupier of the land in respect of which the power of entry will be exercised. 2.  The notice must be given within a reasonable time before the power of entry is exercised. 3.  The notice must be given by personal service in the case of a proposed exercise of a power of entry under section 79, 80 or 446 in respect of a room or place actually used as a dwelling. 4.  In the case of a proposed exercise of a power of entry other than one described in paragraph 3, the notice must be given by personal service or prepaid mail or by posting the notice on the land in a conspicuous place.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2018, c. 3, Sched. 5, s. 35 (14) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 33 (14) - not in force
PART XIV ENFORCEMENT
436.
436 (1) A municipality has the power to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: 1.  A by-law of the municipality passed under this Act. 2.  A direction or order of the municipality made under this Act or made under a by-law of the municipality passed under this Act. 3.  A condition of a licence issued under a by-law of the municipality passed under this Act. 4.  An order made under section 431.  2006, c. 32, Sched. A, s. 184. Inspection powers (2) By-laws passed under subsection (1) may provide that for the purposes of an inspection the municipality may, (a)  require the production for inspection of documents or things relevant to the inspection; (b)  inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c)  require information from any person concerning a matter related to the inspection; and (d)  alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.  2006, c. 32, Sched. A, s. 184. Samples (3) A sample taken under clause (2) (d) shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if, (a)  the person requests that the sample be divided at the time it is taken and provides the necessary facilities; and (b)  it is technically feasible to divide the sample. 2017, c. 10, Sched. 1, s. 77. Same (4) If a sample is taken under clause (2) (d) and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.  2006, c. 32, Sched. A, s. 184. Receipt (5) A receipt shall be provided for any document or thing removed under clause (2) (b) and the document or thing shall be promptly returned after the copies or extracts are made.  2006, c. 32, Sched. A, s. 184. Evidence (6) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2017, c. 10, Sched. 1, s. 77 - 30/05/2017
PART XIV ENFORCEMENT
437.
437 Despite any provision of this Act, a person exercising a power of entry on behalf of a municipality under this Act shall not enter or remain in any room or place actually being used as a dwelling unless, (a)  the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438, a warrant issued under section 439 or a warrant under section 386.3; (b)  an order issued under section 438 is obtained; (c)  a warrant issued under section 439 is obtained; (d)  a warrant issued under section 386.3 is obtained; (e)  the delay necessary to obtain an order under section 438, to obtain a warrant under section 439 or to obtain the consent of the occupier would result in an immediate danger to the health or safety of any person; or (f)  the municipality has given notice of its intention to enter to the occupier of the land as required under subsection 435 (2) and the entry is authorized under section 79, 80 or 446.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
438.
438 (1) A municipality has the power to pass by-laws providing that the municipality may, in the circumstances set out in the by-laws, undertake inspections pursuant to orders under this section.  2006, c. 32, Sched. A, s. 184. Order (2) A provincial judge or justice of the peace may issue an order authorizing the municipality to enter on land for the purpose of carrying out an inspection for a purpose described in subsection 436 (1) and to exercise powers described in clauses 436 (2) (a) to (d) as specified in the order if he or she is satisfied by evidence under oath, (a)  that the circumstances of the inspection are provided for in a by-law under subsection (1); (b)  that the inspection is reasonably necessary; and (c)  that one of the following conditions exists: (i)  where there is no by-law under section 436 which provides for inspections in such circumstances, the municipality has made a reasonable attempt to obtain the occupier’s consent for the inspection, (ii)   where there is a by-law under section 436 which provides for inspections in such circumstances, the municipality has been prevented or is likely to be prevented from doing anything set out in subsection 436 (1) or (2).  2006, c. 32, Sched. A, s. 184. Expiry of order (3) An order under this section shall state the date on which it expires, which date shall not be later than 30 days after the day the order is issued.  2006, c. 32, Sched. A, s. 184. Time for execution (4) An order under this section may be executed only between 6 a.m. and 9 p.m. unless the order provides otherwise.  2006, c. 32, Sched. A, s. 184. Notice (5) In the case of an order authorizing an inspection of a room or place actually being used as a dwelling, the occupier must be given notice concerning when the inspection will be carried out.  2006, c. 32, Sched. A, s. 184. Application without notice (6) An order under this section may be issued on application without notice.  2006, c. 32, Sched. A, s. 184. Interpretation (7) A by-law may be passed under subsection (1) and orders may be issued under subsection (2) whether or not there is a by-law under section 436.  2006, c. 32, Sched. A, s. 184. Application of provisions (8) Subsections 436 (3) to (6) apply with necessary modifications to this section.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
439.
439 (1) A provincial judge or justice of the peace may issue a warrant authorizing a person named in the warrant to enter and search a building, receptacle or place for the evidence specified in the warrant if he or she is satisfied by information on oath that there is reasonable ground to believe that, (a)  an offence under this Act or a by-law passed under this Act has been committed; and (b)  the entry into and search of the building, receptacle or place will afford evidence relevant to the commission of the offence.  2006, c. 32, Sched. A, s. 184. Seizure (2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize evidence specified in the warrant that there is reasonable ground to believe will afford evidence relevant to the commission of the offence.  2006, c. 32, Sched. A, s. 184. Same (3) A person who seizes something under a search warrant shall, (a)  give a receipt for the thing seized to the person from whom it was seized; and (b)  bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.  2006, c. 32, Sched. A, s. 184. Time for execution (4) A search warrant may be executed only between 6 a.m. and 9 p.m. unless it provides otherwise.  2006, c. 32, Sched. A, s. 184. Application (5) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 81 - 01/01/2003 2006, c. 32, Sched. A, s. 184 - 01/01/2007 General Enforcement Powers
PART XIV ENFORCEMENT
440.
440 If any by-law of a municipality or by-law of a local board of a municipality under this or any other Act is contravened, in addition to any other remedy and to any penalty imposed by the by-law, the contravention may be restrained by application at the instance of a taxpayer or the municipality or local board.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
441.
441 (1) A municipality may authorize the treasurer or his or her agent to give the notice under subsection (2) at the times and in the manner set out in the by-law.  2006, c. 32, Sched. A, s. 184.  Notice (2) If any part of a fine for a contravention of a business licensing by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, including any extension of time for payment under section 66 or 66.0.1 of that Act, the authorized officer may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than 21 days after the date of the notice.  2006, c. 32, Sched. A, s. 184; 2017, c. 34, Sched. 35, s. 28. Seizure (3) If the fine remains unpaid after the final date specified in the notice, the fine is deemed to be unpaid taxes for the purposes of section 351.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2017, c. 34, Sched. 35, s. 28 - 01/11/2021
PART XIV ENFORCEMENT
441.1
441.1 Upon the request of a municipality that has entered into a transfer agreement under Part X of the Provincial Offences Act, the treasurer of a local municipality may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial Offences Act
to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.  2009, c. 33, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 4 - 15/06/2010
PART XIV ENFORCEMENT
442.
442 Where a duty or liability is imposed by statute or agreement upon any person in favour of a municipality or in favour of some or all of the residents of a municipality, the municipality may enforce it and obtain such relief and remedy as could be obtained, (a)  in a proceeding by the Attorney General; (b)  in a relator proceeding by any person in the name of the Attorney General; or (c)  in a proceeding by the residents on their own behalf or on behalf of themselves and other residents.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
443.
443 (1) If a municipality makes a loan to any person to pay for the whole or any part of the cost of the person complying with a by-law of the municipality, the local municipality may, and upon the request of its upper-tier municipality shall, add the amount of the loan, together with interest at the rate of the loan given by the local municipality or its upper-tier municipality, to the tax roll for any land located in the local municipality if all the owners of the land are responsible for repaying the loan, and the local municipality may collect the amount owing in the same manner as municipal taxes over a period of years determined by the municipality that gave the loan.  2006, c. 32, Sched. A, s. 184. Lien (2) The amount of the loan, including interest accrued to the date the loan is repaid, is a lien on land upon the registration in the proper land registry office of a notice of lien.  2006, c. 32, Sched. A, s. 184. Discharge (3) When a loan is repaid in full, including interest, the municipality shall register a discharge of lien in the proper land registry office.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 Orders and Remedial Actions
PART XIV ENFORCEMENT
444.
444 (1) If a municipality is satisfied that a contravention of a by-law of the municipality passed under this Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity.  2006, c. 32, Sched. A, s. 184. Same (2) An order under subsection (1) shall set out, (a)  reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and (b)  the date by which there must be compliance with the order.  2006, c. 32, Sched. A, s. 184. Offence (3) A by-law under section 425 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007
PART XIV ENFORCEMENT
445.
445 (1) If a municipality is satisfied that a contravention of a by-law of the municipality passed under this Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention.  2006, c. 32, Sched. A, s. 184; 2009, c. 33, Sched. 21, s. 6 (38). Same (2) An order under subsection (1) shall set out, (a)  reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and (b)  the work to be done and the date by which the work must be done.  2006, c. 32, Sched. A, s. 184. Same (3) An order under subsection (1) may require work to be done even though the facts which constitute the contravention of the by-law were present before the by-law making them a contravention came into force.  2006, c. 32, Sched. A, s. 184. Offence (4) A by-law under section 425 may provide that any person who contravenes an order under subsection (1) is guilty of an offence.  2006, c. 32, Sched. A, s. 184. Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. A, s. 184 - 01/01/2007 2009, c. 33, Sched. 21, s. 6 (38) - 25/01/2010