2026-40 Complaint and Enforcement Policy By-Law
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THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY- LAW NO. 2026- 40
Being a by-law to adopt a Municipal Law
Complaint and Enforcement Policy
WHEREAS subsection 5(3) of the Municipal Act, 2001 provides that a municipal power shall be exercised by by-law;
AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, provides a Municipality with the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 11 of the Municipal Act, S.O. 2001, as amended, provides that a municipality may pass by- laws respect to the health, safety and well- being of persons and the economic, social and environmental well- being of the municipality;
AND WHEREAS Sections 391 and 398 of the Municipal Act, 2001 authorize a municipality to impose fees and charges and to add unpaid fees and charges to the tax roll and collect them in the same manner as municipal taxes;
AND WHEREAS Sections 444 to 446 of the Municipal Act, 2001 authorize a municipality to recover costs incurred in default of compliance with municipal by-laws or orders and to add such costs to the tax roll for the property;
AND WHEREAS the Council of The Corporation of the Township of Southwold recognizes the need for a clear and concise set of policies concerning Municipal Law Complaint and Enforcement;
AND WHEREAS the Council of The Corporation of the Township of Southwold deems it advisable that the Policy on Municipal Law Complaint and Enforcement be confirmed and adopted by By- law;
THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD ENACTS AS FOLLOWS:
1. THAT the Municipal Law Complaint & Enforcement Policy attached hereto as Schedule "A" and forming part of this by- law is hereby adopted as the administrative framework for Municipal Law Enforcement within the Township of Southwold;
2. THAT any fees, charges and costs imposed under this By- law, or under any Township By- Law or applicable statue, shall constitute a debt owed to the Township by the person responsible for such costs;
3. THAT where any fees, charges and costs lawfully owed to the Township remain unpaid, the Treasurer may add such amounts to the tax roll for the property to which the service or activity relates, or for which the owner is responsible for payment, and collect such amounts in the same manner as municipal taxes pursuant to Sections 398 and 446 of the Municipal Act, 2001
4. THAT interest and penalties may be imposed where authorized under the Township’s User Fees By- law, as amended, Tax Collection By- law, Delegation of Authority By- law, or applicable provincial legislation;
5. THAT the Treasurer, Municipal Law Enforcement Officers, Chief Building Official, Clerk, CAO or designate are authorized to administer and enforce the provisions of this By-law and may establish administrative practices and
procedures necessary to carry out its provisions;
6. THAT failure to receive an invoice, notice, order, or correspondence shall not relieve any person from the obligation to pay any fee, charge, cost, interest, or penalty imposed by the Township;
7. THAT this Municipal Law Complaint & Enforcement Policy By- law may be amended from time to time as directed and deemed necessary by The Council of the Corporation of the Township of Southwold;
8. AND THAT this by- law shall come into full force and effect upon final passing.
READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 25th DAY OF MAY, 2026.
SCHEDULE "A"
Section 2 - Definitions & Interpretation
Section 6 - Level of Involvement
Section 1 - Purpose
To provide a formal policy and procedure governing the handling of Municipal by-law complaints by the Township of Southwold, and to ensure thorough, prompt and courteous receipt, processing, investigation and resolution of such complaints. This policy applies to both municipal by-laws and provincial statutes that the Township is responsible for enforcing.
The Township of Southwold is committed to delivering municipal by-law enforcement services in a timely and effective manner. The goal of these services is to achieve compliance with municipal bylaws through education and enforcement.
Section 2 - Definitions & Interpretation
Wherever a word is used in this Policy with its first letter capitalized, the term is being used as it is defined in this Section. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. Defined terms may be used throughout this policy in different grammatical contexts.
2.1 CAO means the Chief Administrative Officer for the Township of Southwold.
2.2 Clerk means the Clerk for the Township of Southwold.
2.3 Formal Complaint means a written complaint received by Township Staff, wherein the complainant provides their full name, address and phone number (which can be verified by the Investigator), along with the nature of the complaint. A Formal Complaint must be submitted using the prescribed form available on the Township website, or submitted in writing, including by email or in person.
2.4 Investigator means a person appointed by the Township of Southwold for the purposes of Municipal By-law Enforcement including, but not limited to, a Building Inspector and Municipal Law Enforcement Officer.
2.5 Spite Complaint (also referred to as a frivolous or vexatious complaint) means a complaint made in bad faith or with malicious intent toward another person. This may include retaliatory complaints or complaints arising from neighbour disputes. A Spite Complaint may also be identified as part of a pattern of conduct that constitutes an abuse of the complaints process, such as where three or more complaints are submitted regarding a matter that has already been addressed by an Investigator. The determination of whether a complaint is a Spite Complaint shall be at the sole, absolute, and unfettered discretion of the Investigator.
2.6 Township means the Corporation of the Township of Southwold.
Section 3 - Policy
3.1 The Township of Southwold is committed to the thorough, prompt and courteous receipt, processing, investigation and resolution of Formal Complaints.
3.2 The Township of Southwold generally operates on a reactive, complaint-based process for municipal by-law enforcement, with the exception of parking infractions.
a) An Investigator may initiate an investigation upon observing a potential bylaw violation that poses an immediate threat to health or safety.
b) Township Staff may provide bylaw information to the public but will not offer opinions regarding the appropriateness of proposed activities.
3.3 The Township shall respond only to Formal Complaints submitted using the prescribed form available on the Township website, or submitted in writing, including by email or in person. Township Staff shall encourage the use of the online form in all cases.
3.4 A complainant shall provide their full name, telephone number, address and nature of the complaint when submitting a Formal Complaint.
3.5 Anonymous, incomplete, and/or improperly submitted complaints will not be investigated.
3.6 Spite Complaints will not be investigated unless deemed by the Investigator or CAO to involve an immediate threat to health or safety.
3.7 Township Staff shall provide assistance and guidance regarding the filing of a Formal Complaint.
3.8 Personal information provided by a complainant shall be kept confidential in accordance with the Municipal Freedom of Information and Protection of Privacy Act and shall not be disclosed except as required by law.
3.9 Persons who are the subject of a complaint are entitled to confidentiality in accordance with the Municipal Freedom of Information and Protection of Privacy Act and shall not be disclosed except as required by law.
Section 4 - Procedure
4.1 Upon receipt of a Formal Complaint, Township Staff shall record the formal complaint in a Township maintained database. Complainants should be encouraged to describe the matter in their own words, detailing the “who”, “what”, “why”, “when” and “where” of the situation.
4.2 The Investigator conducts a preliminary review of the complaint, including verification of information and review of available records.
4.3 The Investigator may contact the complainant for clarification or additional information.
4.4 The Investigator may attend the site to witness and record the activity to determine if a municipal bylaw contravention exists.
4.5 Where necessary, the Investigator may consult with the municipal prosecutor, municipal solicitor, or appropriate Township Staff.
4.6 If no contravention is found, the Investigator shall notify the complainant, update the database, and close the file.
Enforcement – Stage One
4.7 Where a violation is identified, the Investigator may proceed as follows:
(a) In the case of situations where the Township has established set fines for violations, at their discretion, issue an offence notice/ticket; or
(b) shall provide an initial warning and identify a timeframe for voluntary compliance.
4.8 Where a violation is identified, the Investigator may issue a warning, Notice of Violation, or Order to Discontinue by:
(a) in person;
(b) telephone;
(c) email; or
(d) regular or registered mail.
The Investigator will document which form of communication was used. No administrative fee shall apply at this stage
4.9 Any warning, Notice of Violation or Order to Discontinue shall contain the particulars of the violation, the address where the violation occurs, a time limit by which to comply and, notice that any Second Notice of Violation or a Work Order Notice will be subject to an administration fee in an amount according to the Township of Southwold’s User Fees By-Law, as amended. A Notice of Violation or Order to Discontinue shall also indicate the By-Law number to which the Notice of Order relates and direct the individual to the Township’s website so that they may look up the possible fines that are associated with the by-law being violated and any other penalties that could be applied.
4.10 The Investigator may notify any internal departments and outside agencies that may have jurisdiction or may be required to assist with or rectify the situation (i.e. Fire Department, Public Works Department, Ministry of Natural Resources, Ministry of Environment, Southwestern Public Health)
4.11 Where provided for by By-law or other statute, an Investigator may issue an emergency order to remedy a violation in lieu of an initial warning if the situation poses an immediate threat to health or safety. The Investigator will notify their immediate supervisor and the CAO immediately.
4.12 After the time limit by which to comply has expired, the Investigator shall re-attend the site to determine if compliance has been accomplished. Upon confirming that the warning, Notice or Order has been complied with, the Investigator will update the complaints databased to mark the complaint as resolved and update the records to document any resolution details, and notify the complainant if follow-up was requested.
Enforcement Stage Two
4.13 If compliance is not achieved as a result of a warning, Notice of Violation or Order to Discontinue, an Investigator may issue a second written warning, Second Notice of Violation or a Work Order Notice.
4.14 The Investigator may, as part of this stage 2, review the matter with the CAO or appropriate Township Staff to determine whether to attempt a second written warning, Second Notice of Violation or a Work Order Notice.
4.15 The second written warning, Second Notice of Violation or Work Order Notice shall:
(i) reference the first warning, Notice of Violation or Order to Discontinue;
(ii) identify the non-compliance;
(iii) provide a new compliance deadline;
(iv) include an administrative fee (per User Fees By-Law);
(v) state that fees may be added to the property tax roll.
4.16 Delivery, follow-up inspection, record updates, and complainant communication shall proceed as per the process set out for Stage One above.
Enforcement Stage Three
4.17 If non-compliance continues after the expiry of the time limit by which to comply established in accordance with Enforcement Stage Two, the Investigator may proceed with further enforcement pursuant to the specific bylaws or other statutes being violated. If legal action is decided, the Investigator will provide the CAO and/or the individual responsible for administering the by-law with a recommendation to proceed with legal action when it appears obvious compliance is not forthcoming.
4.18 The Investigator may, as part of Stage Three, review the non-compliance with the CAO and/or the individual responsible for administering the by-law, if warranted.
4.19 The Third and Final Notice of Violation shall:
(i) reference the first warning, Notice of Violation or Order to Discontinue;
(ii) reference the second warning or Second Notice of Violation;
(iii) identify the non-compliance;
(iv) provide a new compliance deadline;
(v) include an administrative fee (per User Fees By-Law);
(vi) state that fees may be added to the property tax roll.
4.20 Delivery, follow-up inspection, record updates, and complainant communication shall proceed as per the process set out for Stage One above.
4.21 The investigator may proceed with further enforcement pursuant to the specific by-laws or other statutes being violated. If legal action is decided, the Investigator will provide the CAO and/or the individual responsible for administering the by-law with a recommendation to proceed with legal action when it appears obvious compliance is not forthcoming.
4.22 At any stage of the enforcement process, if, in the opinion of the Investigator, CAO and/or the individual responsible for administering the by-law, the matter is of significant consequence, the matter may be brought before Council for direction.
Section 5 - General
5.1 Failure to comply with a provision of this policy shall not vitiate any proceeding or any step, document or order in a proceeding otherwise in accordance with any municipal by-law or provincial or other legislation. Council members are encouraged to direct residents to Township Staff regarding by-law concerns.
5.2 In addition to Municipal By-Law Enforcement options by the Township, persons also have independent, civil legal rights, which may be explored and pursued by said person.
5.3 The Ontario Provincial Police should be contacted for emergencies or criminal matters, including but not limited to loitering, trespassing, noise related to domestic disputes, possible drug activity, vandalism or other possible criminal activity.
Section 6 - Level of Involvement
6.1 Township Staff may determine an appropriate level of response where multiple or repetitive complaints are received.
6.2 Where disputes cannot be reasonably resolved, Township Staff may limit or cease involvement, considering factors such as safety, complaint history, and jurisdiction.
In making their decision as to the level of further involvement with the dispute, Township Staff will have regard to the following criteria:
- safety factors.
- history of attempts to mediate by Township Staff.
- offer for formal mediation.
- coordinating involvement with other relevant agencies.
- the number of unfounded complaints.
- apparent attempts to purposely aggravate the situation.
- complaints that are frivolous and vexatious.
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the number of complaints or concerns registered that do not fall within the
jurisdiction of the Township of Southwold’s by-laws.
6.3 Any decision made under this policy including a decision not to respond to complaints or enforce by-laws, and also including a decision made by the CAO may, at any time, be revisited. The CAO may direct Township Staff to take action notwithstanding a prior decision.
Section 7 - Reporting
7.1 The Investigator shall ensure the complaints database is updated upon file closure.
Section 8 - Application
8.1 This policy shall come into full force and effect on the day it is adopted by the Council of the Corporation of the Township of Southold.
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