After a recorded vote, the County is moving forward with an update to its Administrative Monetary Penalty bylaw to create more fairness and an appeal route.

Director of Corporate and Legislative Services Sarah Viau explained the County currently uses the AMP system (an alternative to the provincial offences court system) for contraventions to municipal parking bylaws, the Short Term Accommodation Bylaws and the Backyard Hens bylaw, among others. 

Modifications call for a more clear and transparent adjudication and review processes. New screening and hearing officers will handle cases individually. Notice provisions will ensure AMP recipients receive notices in the mail and have an opportunity for a case review. 

Finally, the new rules also allow department Directors to cancel Penalty Notices issued in error and set aside review decisions in appropriate circumstances.

The update was precipitated by a $2,000 STA penalty served to Knowlton Hunter and Jennifer Warr last year. The couple were fined after their long-defunct AirBnB listing showed up in an automated STA bylaw department data scrape. The couple tried to appeal the fine but never received a hearing notice. That meant they missed their hearing appointment. Non-appearance meant a mandatory fine.

Attempts to appeal the decision and plead their case have gone nowhere. Staff simply point to the legal constraints of the original bylaw. 

It is still not clear whether the couple’s $2000 fine will be set aside by the County’s Director of Finance as is now allowed by the updated bylaw. 

Fairer Process

According to Ms. Viau, the bylaw update ensures that people who want to challenge an enforcement action taken against them have the opportunity to do so. New oversight powers should also allow for more fairness in adjudication.

“I’ve built in the reopening provision so that, if for no fault of their own, a person doesn’t show up at their hearing, we’re able to cancel the decision that found them to have abandoned the process and let them have their hearing. So the update is really about procedural fairness,” she said.

Councillor Chris Braney referred the motion back to staff in November for an analysis and the financial implications of the update. 

While Ms. Viau included the costs of the new hearing officer — the county has paid over $11,600 in hearing officer fees for AMP appeals since 2023 — the Hillier councillor wanted more details in the staff report. 

He also saw flagged a lack of communication between the Corporate and Legislative Services department and other municipal departments in the development of the update.

“I feel very strongly that the appropriate stakeholders and directors who would be impacted by the update should be included to get their feedback,” Mr. Braney said, adding that this update should wait until after the County’s current Service Review is completed.

“I really feel we should not add more bureaucratic level scenarios until we get the full scope of that Services report,” he added.

In contrast, Councillor John Hirsch said it was prudent to proceed now with these “relatively modest” changes because they are fairness changes.

“The complaints have been about the system not being fair. So I think it is time to do this. The parking season and the STA season start in the spring,” Mr. Hirsch said. 

“It’s important to have these modest amendments, which produce a much better degree of fairness than we have now, in place for this season.”

Councillors Phil Prinzen, Sam Grosso, Sam Branderhorst John Hirsch, Phil St-Jean, Janice Maynard, Kate MacNaughton, and Mayor Steve Ferguson were in favour. Councillors Roy Pennell, Brad Nieman, Bill Roberts, Corey Engelsdorfer, Chris Braney, and David Harrison opposed the motion tabled at Shire Hall Tuesday, February 24.

New Fines

The recent update introduces several new fines for various bylaw infractions:

Grass and Naturalization Bylaw

Fines start at $200 for property owners who allow turf-grass or weeds to exceed 20 cm in height. This fine also applies to vegetation or naturalized areas that restrict or encroach upon driver or pedestrian sight-lines.

Right-of-Way Bylaw

The fine schedule now includes 33 infraction items. These range from $100 for modifying, occupying, or obstructing a municipal right-of-way to $400 for hindering or obstructing bylaw officers.

Vehicle-for-Hire Bylaw

The schedule includes a $500 fine for operating a Transportation Network Company (TNC) without a municipal permit.