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Nov 13, 2023

‘See you in court’ may no longer be how you fight a bylaw ticket in Waterloo Region

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WATERLOO REGION — Fighting a parking ticket does not mean going to court Kitchener or Waterloo. Rather, you argue your case at a hearing before an arbiter who is independent of city staff and council.

The twin cities plus Cambridge propose to extend this same process to all bylaw tickets.

It means if you are charged with a bylaw infraction and want to contest it, you would seek an administrative hearing rather than a date in provincial offences court.

Examples include tickets for being too noisy, not clearing snow, not cutting your grass, not controlling your pet, mounting an improper sign, cutting down a tree or being a public nuisance.

"There's not only benefits for the municipality, but benefits for the person that receives the ticket and the ability to dispute it," said Grant Curlew, licensing manager for the City of Waterloo.

Waterloo city hall issues up to 200 non-parking bylaw tickets a year, with fines ranging from $100 to $800 depending on severity. A typical fine under the new process would be $400.

Curlew contends prosecution under the proposed process is faster, less intimidating for the public, maintains the principles of fairness and justice, and frees up courts for more serious offences.

Waterloo council will be the first to consider it at a June 12 meeting. Pending approval, city hall hopes to implement the new system by September.

"For Waterloo, our biggest challenge is when the students return in September and there's lots of bylaw infractions," Curlew said.

Kitchener and Cambridge councils are also expected to consider the new prosecution system. That's after the cities jointly developed it with the help of a consultant.

There would be two steps as there are with parking tickets today. In Kitchener and Waterloo if you contest a parking ticket, a city hall employee screens your case before it goes to a hearing.

Screening often leads to a reduced parking fine. Tickets may also be cancelled. You can be screened by email or with a telephone call that takes minutes.

"We’ve just really simplified it and made it easy to access for people that receive these tickets. They don't have to take a day off work," Curlew said.

It's at this screening stage that 92 per cent of parking disputes are mutually resolved. Ticket disputes that remain unresolved proceed to a hearing before an independent officer paid by city hall at $520 per day who works up to six full days a year.

Most hearings take place virtually. There is an option for in-person hearings. Rules forbid political interference and require screening and hearing officers to be impartial and free from conflicts of interest.

Kitchener and Waterloo (but not Cambridge) have resolved parking disputes in this way since 2019. Average waits to resolve a disputed ticket have been slashed from 246 days in court to 69 days.

"Hopefully as we continue to evolve the program, we can reduce those times even further," Curlew said.

Cities expect to benefit because councils can set fines without requiring provincial approval for amounts. Tickets can be mailed which lets city hall reach offenders wherever they live. Under the court process, some bylaw tickets must be presented in person.

Cities also expect to collect more unpaid fines, by adding unpaid amounts to tax bills or by hiring collection agencies.

Extra annual costs are expected to be small in Waterloo — up to $4,000 to pay for more hearing officers. Waterloo will look at ways to incorporate restorative justice into the process, Curlew said.

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