About By-law Enforcement

Lakeshore investigates possible by-law violations in a fair, consistent way. Our process is guided by Ontario legislation, including the Municipal Act, 2001, and—depending on the issue—other laws such as the Provincial Offences Act, Building Code Act, and Fire Protection and Prevention Act.

Below is an overview of what typically happens after a concern is reported.

1) Complaint is received

A resident reports a possible by-law issue (online or in person).

When a complaint is received, we record details such as:

• the address or location
• the type of concern
• date/time (especially important for issues like noise)
• photos or other helpful information (if available)
• contact information of the complainant (anonymous complaints are note accepted)

What to expect: Not every complaint results in immediate action. Some files are prioritized based on urgency, safety, and available information.

2) The complaint is reviewed

Lakeshore staff review the report to:

• confirm the issue falls under municipal by-laws and Lakeshore’s authority
• identify the applicable by-law(s)
• determine priority

Some concerns may be referred to the appropriate agency (for example police, fire services, public health, conservation authorities, or other local regulators), depending on the situation.

3) An investigation begins

By-law investigations may include:

• reviewing relevant by-laws and any previous history at the location
• attending the site to observe conditions (sometimes more than once and at different times)
• collecting evidence (notes, measurements, photos, statements, records)
• determining who is responsible (this may be the property owner, occupant, or business operator, depending on the by-law)

Why this matters: By-law Officers must confirm facts and follow due process. A complaint alone is not always enough to prove a violation.

4) Voluntary compliance is usually the first step

In many cases, Lakeshore’s first approach is to work toward compliance before enforcement actions are taken (unless the concern is urgent or severe).

This may include:

• providing information or education about the by-law or by-laws
• issuing a warning or request to correct the issue
• setting a reasonable deadline to comply, where appropriate

5) Formal notice or order (when required)

If the issue continues, or if the by-law/legal framework requires it, Lakeshore may issue a formal notice or order.

This typically outlines:

• what the violation is
• what must be done to comply
• the deadline to correct it
• what may happen if the issue is not resolved (for example, fines, court, or other authorized actions)

Some matters may include an appeal or review process, depending on the type of order and applicable law.

6) Follow-up inspection

After the deadline (or after a reasonable time has passed), an Officer may return to confirm whether the issue has been resolved.

• If compliant: the file is generally closed (and documentation is kept on record)
• If not compliant: the matter may move to enforcement

7) Enforcement actions (if needed)

If voluntary compliance is not achieved, Lakeshore may take enforcement action, depending on the by-law and circumstances. This can include one or more of the following:

A) Tickets or fines (Provincial Offences Act)

• An Officer may issue a ticket (set fine) or lay a charge requiring a court appearance.
• This is common for issues such as parking, noise, property standards, and other by-law offences.

B) Court process (if charges are laid)

• If charges are laid, the matter proceeds through Ontario’s Provincial Offences Court process.
• Outcomes can include fines and/or court orders, depending on the case.

C) Remedial action (where authorized)

• For some by-laws, if a person fails to comply, the Municipality may be able to arrange corrective work (e.g., clean-up) and recover costs as permitted by law (which may include adding costs to the tax roll in certain circumstances).

9) File closure and follow-up

A file is closed when:

• compliance is achieved, or
• enforcement action has concluded

Repeat issues may result in escalated enforcement, consistent with Lakeshore policies and the seriousness of the situation.

The complainant may receive an update about the status of their complaint, if they have opted in for additional communications.

Part 1 of the POA provides the process for laying a charge against someone by "Certificate of Offence". This is normally done through a "Provincial Offence Notice" also known as a ticket. For a municipality to lay a charge by certificate of offence, the municipality must have approval from the Regional Senior Justice of the Ministry of the Attorney General approving the "set fines" requested by the Municipality.

Part 1 also provides an option for issuing a summons instead of a ticket. A summons does not provide a set fine, and instead provides a court date ordering the defendant to attend court at the date, time and location mentioned on the summons. A part 1 summons is normally issued in two cases. The POA requires that a "young person" 12 years of age or older, but under 16 years of age, be issued a summons rather than a ticket, and has special rules for the penalties a young person can face. The other case is where a repeat offender is being charged for a second or subsequent time. Provincial legislation allows municipalities to implement a graduated system of fines where a person who has previously been convicted of the same offence will face increased fines. These fines must be implemented by issuing a summons.

Set fines and total payable

If you receive a ticket, you may notice that there are two dollar amounts, a "Set Fine" and a "Total Payable". The set fine is the amount that is approved by the Regional Senior Justice. The total payable is the amount of the set fine, plus an amount set by regulation including two surcharges, a "Victim Surcharge" and "Court Costs". Victim surcharges are based on the amount of the set fine, while court costs are set at $5. You can find more information about victim surcharges and set fines at O. Reg. 161/00: VICTIM FINE SURCHARGES and R.R.O. 1990, Reg. 945: COSTS

Part 2 of the POA provides the process for laying a charge for parking, standing, and stopping of vehicles by the issuance of a "parking offence notice" (parking tickets). A person who receives a parking offence notice is provided with 15 days to pay the set fine, or to request a trial. Where a person fails to choose an option and deliver it to the address on the offence notice, a "Notice of Impending Conviction" is sent to the registered owner of the vehicle. The notice will indicate that a conviction will be registered against them unless they pay the set fine or gives notice of an intention to appear in court for the purpose of entering a plea and having a trial.

A defendant who has been given a notice of impending conviction is deemed not to dispute the charge if 15 days have elapsed since the defendant was given the notice, the fine has not been paid and a notice of intention to appear has not been received. A "Certificate Requesting Conviction" will be sent to the court office, and if approved, a conviction will be registered in the defendant's name.

Failure to pay the fine imposed after a conviction has been registered will result in your Ontario Vehicle Permit not being renewed and no new permit being issued to you until the fine and all court costs and fees have been paid.

Part 3 of the POA provides the process for charging a person or corporation by laying an information and serving a summons to the defendant ordering them to attend court at the date, time and location indicated on the summons.

Laying an information

Any person may lay an information by swearing under oath before a Justice of the Peace that they believe, on reasonable and probable grounds, that one or more persons have committed an offence. The Justice will consider the information provided and will decide if a summons should be issued.

Service of summons

Service of a summons must be done by a Provincial Offences Officer, such as a Police Officer, a Conservation Officer, or a Municipal Law Enforcement Officer. A summons may be served before an information is laid if the Provincial Offences Officer believes an offence has been committed and the officer finds the person at or near the place where the offence occurred. In other circumstances, an information must be laid before a summons is served. If a summons has been issued before an information is laid, the Justice may cancel the summons and notify the defendant when the information is laid.