That the Safety and Facilities Services Committee recommend to City Council:
Whereas Zoning By-law 60-94, as amended, is a City of Oshawa (“City”) by-law to regulate on a City-wide basis the use of lands, buildings and structures, passed pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13 (“Planning Act”); and,
Whereas currently the Planning Act provides for a singular enforcement mechanism for contraventions of municipalities’ respective zoning By-laws, requiring charges be laid and convicted under the Provincial Offences Act, R.S.O. 1990, c. P.33 (“Provincial Offences Act”), with fines not exceeding $25,000 for persons and $50,000 for corporations, and convictions required for orders of prohibition; and,
Whereas during the course of municipal benchmarking and ongoing review of legislation and City By-laws, staff have identified an opportunity within the Planning Act to enhance compliance with municipal zoning By-laws through the establishment of Administrative Penalties as an additional compliance tool to augment Provincial Offences Act fines; and,
Whereas the establishment of Administrative Penalties in the Planning Act would enable municipalities to more effectively and efficiently ensure compliance with their zoning By-laws as they are proven to promote compliance and deterrence, enhance efficiency and cost-effectiveness, create flexibility and proportionality while ensuring accessibility and transparency in By-laws in which they are established;
Therefore be it resolved that based on Report SF-25-54, dated November 10, 2025 the Province of Ontario be requested to amend the Planning Act, R.S.O. 1990, c. P.13 to establish Administrative Penalties as an additional enforcement tool for Municipalities to ensure compliance with their zoning By-laws.