Appointment of Screening and Hearing Officers Policy

1.1   The purpose of this policy is to provide a consistent and transparent framework for the selection and appointment of Screening Officers and Hearing Officers and to act as a guide for appointees.

2.1   This Policy applies to all Screening Officers, Hearing Officers, and Town employees involved in the administration of the Town’s AP program.

The following shall apply in addition to this Policy:

          a)      For Town employees involved in the administration of the AP program: the Staff Code of Conduct shall also apply regarding the activities of an employee in the administration of the AP program. In the event of a conflict between the provisions of this Policy and the provisions of the Staff Code of Conduct in relation to AP, this Policy shall supersede.

          b)      For Hearing Officers: the provisions of any agreement governing the retainer between the Town and a Hearing Officer(s) shall also apply in regard to the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede.

2.2.   This Policy shall apply in addition to all applicable law (i.e. the Municipal Conflict of Interest Act, etc.). A breach of applicable law relevant to any matters set out in this Policy shall be deemed to be a breach of this Policy.

           3.1   The Town of Bradford West Gwillimbury values a clear and transparent process for the selection of Screening Officers and Hearing Officers in a fair and equitable manner and in accordance with applicable legislation and Council-approved By-laws.

 Communication

3.2   This Policy will be posted on the Town’s website. 

Appointment of Screening Officers

3.3   In accordance with the Screening and Hearing Officer By-law, Screening Officers shall be appointed by the Clerk. Except where ineligible or where the Clerk, in consultation with the Manager of Legal Services otherwise determines that the person has demonstrated an inability to comply with Town policies or procedures or is unable to carry out the duties related to AP in a fair and impartial manner.

Recruitment of Hearing Officers

3.4   The Town may, from time to time, recruit Hearing Officer(s) as contemplated by the Screening and Hearing Officer By-law, in accordance with the process outlined herein.

Recruitment Panel

3.5   A Recruitment Panel is hereby established, to carry out the duties of the Recruitment Panel as contemplated by the Screening and Hearing Officer By-law and in this Policy. The Recruitment Panel shall be comprised of the following:

      a)        Clerk;

      b)        Manager of Enforcement; and

      c)         Manager of Legal Services. 

Application and Review Process

3.6   Hearing Officer(s) postings will be published by the Town. The posting will outline the role of the Hearing Officer(s) and eligibility criteria.

3.7   All applications received by the established deadline will be forwarded to the Recruitment Panel, which will be responsible for reviewing the applications.

3.8   The Recruitment Panel will make recommendations to Council. Council will consider the recommendations and appoint Hearing Officer(s) by amendment to Schedule A of the Town’s Screening and Hearing Officer By-law. 

3.9   Should the Town decide to expand the AP program(s) Council may, but is not required to, expand the duties of any existing Hearing Officer(s) and/or appoint new Hearing Officer(s) for that purpose.

Position and Term

3.10   Hearing Officer(s) are independent and are not Town employees. Hearing Officer(s) will be required to enter into a contract with the Town outlining the terms of service.

3.11   Unless revoked, Hearing Officer(s) shall be appointed for the term of Council (or remainder thereof, where appointed mid-term), and thereafter until reappointed or until a successor is appointed.

3.12   Council may revoke the appointment of a Hearing Officer at any time, on the recommendation of the Recruitment Panel, in accordance with the Screening and Hearing Officer By-law.

3.13   Where a Screening Officer or Hearing Officer is charged with any offence under the Criminal Code of Canada, or under any other Federal or Provincial statute or Regulation where continuing to perform duties may erode public confidence in the administration of justice, the Screening Officer or Hearing Officer shall disclose same to the Manager of Legal Services within (five) 5 business days of the charge being laid, and appropriate action will be taken by the Town, which, if determined appropriate, may include suspension from duties until the final disposition of the charge and, upon final disposition, may include, but is not limited to, termination of duties related to AP and/or revocation of appointment.

Compliance, monitoring and review

4.1   The Manager Legal Services Division shall be responsible for the development, approval, implementation, training, monitoring and compliance of and with the policy.

Reporting

4.2   No additional reporting is required.

Records management

4.3   Staff must maintain all records relevant to administering this policy in a recognized Town recordkeeping system in accordance with the Town Records Management policies and procedures.

“Administrative Penalty By-law” means the By-law passed by the Town to establish administrative penalties, as amended from time to time, or any successor thereof;

“AP” means the Administrative Penalty system, established pursuant to the Town’s Administrative Penalty By-law; 

“Clerk” means the Town Clerk, or anyone designated by the Clerk to perform their duties relating to APs;

“Council” means the Council of the Town;

“Hearing Officer” means any person appointed pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law;

“Parent” means a person who has demonstrated a settled intention to treat a child as a member of their family, whether or not that person is the natural parent of the child; 

“Person” includes an individual or a corporation; 

“Recruitment Panel” means a panel as set out herein, established to provide advice and recommendations to Council pursuant to the Screening and Hearing Officer By-law, regarding the appointment of Hearing Officers; 

“Relative” includes any of the following persons:

      a)      spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage;

      b)      Parent or legal guardian;

      c)      child, including a stepchild and grandchild;

      d)      siblings and children of siblings;

      e)      aunt, uncle, niece and nephew;

      f)       in-laws, including mother, father, sister, brother, daughter and son; or

      g)      any person who lives with the person on a permanent basis

“Screening and Hearing Officer By-law” means the By-law passed by the Town to establish the positions of Screening and Hearing Officers and to provide for the appointment of Screening and Hearing Officers, in relation to administrative penalties, as amended from time to time, or any successor thereof;

“Screening Officer” means any person appointed from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a screening officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law;

“Staff Code of Conduct” means any policy adopted by the Town to govern employee conduct, provide ethical standards and conflict of interest, as amended from time to time, or any successor thereof; and

“Town” means The Corporation of the Town of Bradford West Gwillimbury.

·         Municipal Act, 2001, S.O. 2001, c.25, as amended

·         Statutory Powers and Procedures Act, R.S.O. 1990, c.S.22, as amended

·         O. Reg. 355/22 Administrative Penalties for Contraventions Detected Using Camera Systems

·         Conflict of Interest and Code of Conduct Policy – LEG-004

·         Political Interference Policy – LEG-005

·         Administrative Penalties By-law 2026-047

·         Appointing Screening and Hearing Officers By-law 2026-048

7.1   Feedback about this document may be provided by emailing the Manager of Legal Services.