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BYLAWS AND RESOLUTIONS - Statutory authority - Purpose of bylaw

Friday, July 24, 2020 @ 6:54 AM  

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Appeal by Weisdorf from a decision dismissing his application to quash the respondent City’s parking bylaw establishing an administrative penalty system to enforce bylaws regulating the parking, standing, or stopping of vehicles previously dealt with under the Provincial Offences Act. He argued the bylaw was ultra vires, violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms (Charter) and was enacted in bad faith for an improper purpose.

HELD: Appeal dismissed. There was express statutory authority under the City of Toronto Act, 2006, to enact the bylaw. The legislative intent was to authorize the adoption of the administrative penalty system. The Provincial Offences Act did not apply to the parking bylaw, and the bylaw was expressly made compliant with the Statutory Powers Procedure Act. Sections 7 and 11(d) of the Charter did not apply because there was no possibility of arrest or detention, no possibility of imprisonment, and no penal consequence, and a person subject to an administrative penalty was not charged with a criminal or quasi-criminal offence. The application judge properly rejected the appellant’s argument that the City enacted the parking bylaw to increase its revenues.

Weisdorf v. Toronto (City), [2020] O.J. No. 2744, Ontario Court of Appeal, R.G. Juriansz, G.I. Pardu and G. Huscroft JJ.A., June 22, 2020. Digest No. TLD-July202020009