Job Description & How to Apply Below
Appointed by Council pursuant to Ontario Regulation 333/07, the Hearing Officer serves as an independent adjudicator and provides a second, impartial, and final decision in the APS appeal process. The Hearing Officer reviews decisions made by Screening Officers regarding administrative penalties issued under Township by-laws and determines whether those decisions should be affirmed, varied, or cancelled. The successful candidate will possess knowledge of municipal law, administrative justice principles, and adjudicative processes.
The role involves conducting fair and impartial hearings and issuing written decisions on appeals of Penalty Notices issued under all Township by-laws.
Appointments are made for the current term of Council. Individuals appointed during a Council term will serve for the remainder of that term. Unless revoked, appointments will continue until the individual is reappointed or a successor is appointed.
The Hearing Officer is retained as an independent contractor and is not an employee of the Township of Guelph/Eramosa.
Duties and Responsibilities
The Hearing Officer will be responsible for:
Making rulings and issuing oral and written decisions relating to the Administrative Penalty System (APS) By-law that are independent and free from outside influence, including affirming, varying, or cancelling administrative penalties and/or extending the time to pay administrative penalties;
Reviewing case documentation in accordance with the APS By-law and associated policies, procedures, and guidelines;
Conducting hearings in accordance with the Statutory Powers Procedure Act, while ensuring equal access, fair treatment, and procedural fairness for all parties;
Conducting hearings virtually or in person, with most hearings anticipated to be virtual and in-person hearings approved by the Clerk on a case-by-case basis where a need has been demonstrated;
Attending and conducting hearings on a regularly scheduled basis throughout the term of the contract; and
Regularly reviewing and complying with all applicable by-laws, policies, procedures, guidelines, legislation, and regulations.
The decisions of the Hearing Officer are final. The Hearing Officer has no authority to consider questions relating to the validity of any statute, regulation, or by-law, or the constitutional applicability or operability of any statute, regulation, or by-law.
Eligibility Criteria
The following individuals are not eligible to be appointed or continue serving as a Hearing Officer:
Members of Council;
Relatives of members of Council;
Employees of the Township; or
Individuals indebted to the Township.
For the purposes of this appointment, "relative" includes a spouse, parent, child, step-child, grandchild, grandparent, sibling, child of a sibling, aunt, uncle, niece, nephew, in-law, and any person who resides with the individual on a permanent basis.
Qualifications and Experience
Membership in the Society of Ontario Adjudicators and Regulators and/or the Law Society of Ontario, considered an asset;
A post-secondary diploma or degree in a related discipline, and/or an equivalent combination of education and experience;
Knowledge of and experience with adjudicative processes, including conducting hearings for a court, tribunal, board, or administrative body;
Knowledge of, and experience interpreting and applying, applicable legislation, including municipal by-laws, the Municipal Act, the Provincial Offences Act, the Statutory Powers Procedure Act, and the Ontario Building Code;
Knowledge of access to information and privacy legislation;
Knowledge of and experience interpreting and applying municipal by-laws and administrative penalty programs;
Knowledge and experience in mediation and alternative dispute resolution;
Strong leadership, communication, facilitation, presentation, interpersonal, and organizational skills; and
High ethical standards, integrity, sound judgment, and proficiency with computer software and virtual meeting platforms.
Applicants must not act, or continue to act, as an agent for applicants appearing before the Administrative Penalty Tribunal or any other Township administrative tribunal, such as the Committee of Adjustment.
Conduct and Compliance Expectations
The successful…
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