By-law authorizing collection of unpaid licensing fines
330.1 (1) The council of any municipality may by by-law authorize the collector, clerk or treasurer to carry out the duties set out in this section at the times and in the manner set out in the by-law. Notice of unpaid licensing fine (2) If a fine for a contravention of a licensing by-law passed under this Act remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, including any extension of time for payment ordered under that section, 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, by delivering the notice or causing it to be delivered to that person at the person’s residence or place of business. 1994, c. 37, s. 5. Distress for unpaid licensing fine (3) If the fine remains unpaid after the final date on which it is payable as specified in the notice, the authorized officer may alone or by an agent, subject to the exemptions provided for in subsection 400 (4), levy the unpaid fine with costs by distress, (a) upon the goods and chattels, wherever found, belonging to or in the possession of the person fined; (b) upon the interest of the person fined in any goods to the possession of which the person is entitled under a contract for purchase, or a contract by which the person may or is to become the owner thereof upon performance of any condition; (c) upon any goods and chattels in the possession of the person fined where title to them is claimed, (i) by virtue of an execution against the person fined, (ii) by purchase, gift, transfer or assignment from the person fined, whether absolute or in trust, or by way of mortgage or otherwise, (iii) by the spouse, same-sex partner, daughter, son, daughter-in-law or son-in-law of the person fined, or by any of his or her relatives, in case such relative lives as a member of the family, or (iv) by virtue of any assignment or transfer made for the purpose of defeating distress; (d) upon goods and chattels that at the time the fine was imposed were the property and on the premises of the person fined and are still on the same premises, even if such goods and chattels are no longer the property of the person fined. 1994, c. 37, s. 5; 1999, c. 6, s. 40 (8). Levy of fines under warrant (4) If at any time after the notice is given and before the final date on which the fine is payable as specified in the notice, the authorized officer has good reason to believe that any person in whose hands goods and chattels are subject to distress under subsection (3) is about to remove such goods and chattels out of the province and makes affidavit to that effect before the head of council of the municipality or before any justice of the peace, the head of council or justice shall issue a warrant to the authorized officer authorizing him or her to levy for the fines and costs in the manner provided by this section. Defect in notice not to invalidate subsequent proceedings (5) No defect, error or omission in the form or substance of the notice required by this section invalidates any subsequent proceedings for the recovery of a fine. Application of ss. 400-405 (6) Subsections 400 (3), (4), (5), (8), (9), (10), (11) and (12) and sections 402, 403, 404 and 405 apply with necessary modifications to the distress for an unpaid licensing fine under this section. 1994, c. 37, s. 5.