Connect
By-law Enforcement
By-laws
By-laws are created to address local issues and concerns. They are adopted to protect the environment, public health and safety or to maintain an orderly appearance within the Municipality.
The Clerks Department maintains all the Township's by-laws. To view frequently requested by-laws, refer to the list below. To view all of the Township's by-laws, please visit our online Civic Web Portal.
| General By-law Complaints Information: |
|
The municipality will not enforce or investigate anonymous complaints. The role of the By-law Enforcement Officer includes education, investigation and enforcement of all By-laws within the Township. It is not necessary for a By-law Enforcement Officer to attend each site to carryout enforcement procedures. Usually, the officer will rely on information provided by the complainant. To view frequently requested by-laws visit our By-laws Page. To view all of the Township's by-laws, please visit our Minden Hills Civic Web Portal. |
| When to Notify the Police |
You should report any criminal activity directly to the Ontario Provincial Police, such as:
Residents can also report a crime online using the OPP Report a Crime online form. |
The Municipal Act allows local governments to decide whether to enforce a by-law. Simply passing a by-law doesn't automatically mean the municipality needs to enforce it.
This flexibility was explained by the Ontario Court of Appeal in a case called Toronto v. Polai. The court said that municipal councils have the power to decide when to act against someone who breaks a zoning by-law.
If the council didn't have this discretion, it would mean treating every violation the same, no matter how small or serious. It would also ignore factors like the harm caused to the person who broke the law and the potential benefits to the community from taking legal action.
This ability to decide when to enforce laws is an important part of our justice system, allowing local governments and other authorities to make decisions based on what’s most appropriate in each case.
| Reporting a By-law Issue |
|
It is always best if neighbours, residents and visitors can respectfully resolve their issues without the need for By-law Enforcement. If possible, discuss the problem with your neighbour. Remember to focus on the issue, listen to their concerns, and look for mutually beneficial solutions. If your efforts to resolve the matter with your neighbour have been unsuccessful, the Township's By-law Enforcement team may be able to assist in resolving the issue. Contact the By-law Enforcement Team to learn about the Township's By-laws and if they apply to your situation. |
| Submitting a Complaint / Forms |
|
To file a formal complaint with the By-Law Enforcement Officer, please use one of the following methods. |
|
Online |
|
A written complaint can be completed using the Complaint form - By-law Complaint Form. Email your complaint to By-law for processing. |
|
|
|
A written complaint or completed complaint forms can be submitted by mail to the Township of Minden Hills Administration Office. Mailing address: P.O. Box 359,7 Milne Street, Minden Hills, Ontario K0M 2K0 |
|
In-Person |
|
A written complaint or completed complaint form can be dropped off to the Township Administration Office (7 Milne St., Minden), 2nd Floor Building and Planning Department. |
|
Process |
|
The Township of Minden Hills will act on written complaints from the public concerning alleged by-law violations. Our Enforcement Officers will offer assistance and direction with respect to by-law concerns; however, an investigation will only be initiated once the complaint is received in writing. Anonymous complaints will not be investigated. Your personal information will be kept confidential; however, should the matter proceed to Court, it may be necessary for you to attend as a witness to the violation.
|
Property Standards Complaint Process
The Township of Minden Hills has a By-law in place regarding the standards for the maintenance and occupancy of property within the Township of Minden Hills - see Frequently Requested By-laws list.
| Action on Property Standards Complaint Submission |
|
The Township of Minden Hills will not investigate or act on anonymous complaints. The complainant must submit a written complaint using the municipalities complaint form. The complainant must supply their name, address and telephone number. A clear description of the alleged complaint is required. Once a complaint form is properly completed it will be accepted and entered into the municipalities tracking system and assigned a case number. The complainant will then be sent an email advising them of the assigned number. The complainant should reference this number when interacting with staff regarding the complaint. The complaint will be assigned to a By-law/Property Standards Officer who will be responsible for the investigation. If the complaint relates to vital services and is determined by staff to be urgent in nature, the matter will be prioritized. An Officer will be dispatched within two business days. The officer will investigate to determine if there is a contravention of the municipality’s by-laws. Non urgent matters will be investigated within five business days from the day the complaint is received. If it is determined by the investigating officer that the by-law has been violated, an Order to Remedy the violation will be issued. The officer will prepare a property standards report and issue the order. The building code act provides the officer with authority to enter upon the property where the violation is alleged to have occurred for the purpose of investigating the property standards complaint. This may involve but is not limited to talking to witnesses, taking pictures or samples. Property Standards Orders can be registered on title of the offending property by the municipality. Once the matter is resolved the Order can be removed. |
| Property Standards Order |
|
If the officer finds a violation has occurred, he/she will issue an order to the alleged violator/property owner to remedy the matter. The order contains the following information.
The alleged offender/property owner is generally given 14-30 days to comply with the order. This depends on the amount of work required and the severity of the matter. An Officer cannot extend the time allowed for compliance. Extensions are the responsibility of the Property Standards Committee. |
| Options for Dealing with a Property Standards Order |
|
The individual that has been served a property Standards Order may choose to exercise one of three options:
|
| Complying with the Order |
|
In accordance with the times set out in the order, if compliance is achieved the individual must notify the Property Standards Officer. The Officer will book a time to inspect the property and ensure all issues have been resolved. When the Officer confirms that all issues have been resolved as outlined in the order the file will be updated. A letter confirming compliance will be sent to the individual. If the order has been registered on title, it will be removed. |
| Failing to Comply with a Property Standards Order |
|
Should all work outlined in the Property Standards Order not be completed in a manner that is satisfactory to the Property Standards Officer and the order has not been appealed within the appeal period. It will be considered that the property owner/occupant is Failing to Comply with the order. The order will be deemed confirmed and binding no further appeal will be allowed to the Committee. Once the Property Standards Order is deemed confirmed by noncompliance, the Township may take legal action against the property owner through the courts. If an order of an officer is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a Judge, the municipality may cause the property to be repaired or demolished accordingly. If the municipality is required to carry out repairs, clearance of a property or court action. The cost of such action and any other applicable fee shall be deemed municipal property taxes. A conviction of an individual carries a maximum fine of $50,000.00 for a first offence and $100,000.00 for each subsequent offence. A conviction of a corporation carries a maximum fine of $500,000.00 for a first offence and $1,500,000.00 for each subsequent offence. |
| Appealing to the Property Standards Committee |
| The occupant/owner may appeal the Property Standards Order within the designated appeal period (fourteen days form the date served) to the Property Standards Committee.
The committee may rescind, amend or confirm the order. The Committee also has the power to extend the time to complete repairs or removal. |
| Appealing the Decision of the Property Standards Committee |
|
An occupant/property owner may appeal the decision of a Property Standards Committee to a Judge of the Superior Court of Justice. If such an appeal is made the occupant/property owner must notify the Township's Clerks Office of the appeal action. An appeal must be filed within fourteen days after the decision is made. The court may rescind, amend or confirm the order. The court order becomes final and binding. For fee’s related to Property Standards enforcement please refer to our fees bylaw or the chart below. |