Can the money collected for bylaw infractions be tagged or earmarked for anything specifically by the municipality? ian
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The total amount payable for any municipal by-law offence includes the Set Fine, Court Costs and the Victim Fine Surcharge. The Set Fine is remitted by the Court to the participating municipality. The Court Costs are retained by the Court and the Victim Fine Surcharge is remitted by the Court to the Province.
Fine revenue can not be “earmarked” for anything specifically. It is to be returned to the municipality’s general operating fund. The principle is that fine revenue is not to be tied directly to enforcement as the public perception of such a scheme flies in the face of integrity of justice principles (i.e. a clear separation between enforcement initiatives and resulting fines must be maintained). The perception that enforcement occurs simply to fund a particular initiative must be avoided. However, municipal Councils can decide how to allocate funding from the general operating fund to specific municipal initiatives.
The amount of any Set Fine for a municipal by-law offence is set by the Regional Senior Justice (RSJ) operating in each judicial region in the Province. Municipalities are required to make application to the RSJ setting out the recommended fine structure for each offence. Staff make the applications and recommend fine amounts in keeping with the following principles:
(a) Is the recommended amount consistent with set fines approved for similar offences in other municipal jurisdictions?;
(b) Is the recommended amount appropriate with respect to the severity of the offence?; and
(c) Is the recommended amount appropriate considering other set fines that are in effect for other offences (more serious and less serious) in the municipality? (i.e. will the fine amount, if approved, maintain an appropriate balance amongst set fines in the municipality).The RSJ has the sole discretion as to whether or not a municipality’s set fine request is approved.
At its meeting of June 22, 2009, City Council passed a resolution directing staff to request that the set fine be increased for fouling on public property. As a result, staff will be reviewing this matter to determine an appropriate increase, and submitting an application to the RSJ for consideration and approval. City Solicitor Lois Payne