Appeal Processes

An appeal is a way to request a review of an order, penalty, or decision. Screening and Hearings Officers handle appeals and have the ability to modify, cancel, or affirm penalties.

There are different types of appeals including:

• A.M.P.s are monetary penalties
• Orders require the individual take the appropriate steps to address the contravention (e.g. cut your lawn, repair your fence)
• Property Standard Orders are Orders particularly related to violations of the City’s Property Standards By-law
• Exemption Decisions are requests for exemptions to certain by-laws (e.g. requesting a fence higher than the by-law permits)
• Licensing Decisions relate to a denial for a specific licence (e.g. your Residential Rental Housing Licence was denied)

Appeals can be written, in-person, or virtual (for Hearings only):

A.M.P. Appeals have two (2) steps:

1. Request a screening (in-person or written)

If the appellant is not satisfied with the decision,

 2. The appellant can request a hearing (in-person, written, or virtual).

Appealing an Order has one (1) step:

1. Submit an Order Appeal Request Form (see "Appealing an Order" below on this page) and attend a hearing.

Appealing a Property Standard Order has one (1) step:

1.  Submit a Property Standards Appeal Application, and attend a hearing with the Oshawa Property Standards Committee.

Appealing an Exemption or Licensing Decision also has one (1) step:

1. Submit a Appeal Request Form and attend a hearing.

 The City is now offering a virtual process for Hearings. The typical Virtual Hearings Process is as follows:

1. Request a Virtual Hearing with the City (these hearings occur every 4^th Tuesday of the month, and will be scheduled a minimum of 6 weeks in advance).
2. The Hearings Coordinator will contact the appellant and will receive the date and time for their Hearing.
3. Appellants should ensure they meet the following requirements:
   1. A stable internet connection
   2. An electronic device (computer, tablet, or cellphone) with video and audio capability
   3. An internet browser or the downloaded Webex application, which will provide a better user experience (go to www.webex.com to download)
   4. Headphones with a built-in microphone to help reduce background noise and improve sound quality during the Hearing
   5. Prior to the Hearing, the appellant must pass the pre-screening technology tests.
   6. The Hearing is conducted.

For a more detailed explanation, please see Frequently Asked Questions for Virtual Hearings

Virtual Hearings currently apply to: A.M.P.s, Orders, exemption and licensing decisions.  

 Administrative Monetary Penalties (A.M.P.)

Administrative Monetary Penalties (A.M.P.s) are municipal penalties that transfer by-law disputes from the courtroom to the municipality through the use of Screening and Hearings Officers. A.M.P.s resolve minor by-law infractions in weeks rather than months, while providing individuals the right to appeal their penalty. The City of Oshawa administers twenty-two by-laws that are accompanied by Administrative Monetary Penalties (A.M.P.).

For more information on A.M.P.s please see Administrative Monetary Penalties

The registered owner of the vehicle or the person named in the Penalty Notice may request an initial review ("Screening") of the Penalty Notice by a Screening Officer by submitting the Request for Screening.

• Type of Screening that can be requested:
  • In-Person Screening (Screening at City Hall)
  • Written Screening (a Written Screening allows your Screening to be processed without your attendance at City Hall)
• A request for review or a Written Screening submission must be submitted no later than the date specified on the Penalty Notice. Once the form has been completed and received, the individual will be notified of their scheduled date and time.

If the appellant is not satisfied with the results of the Screening they can also request a hearing (in-person, written, or virtual)

• Appellants will have their penalty reviewed by a Hearings Officer who can modify, cancel, or affirm a penalty.

More information about appealing an A.M.P.

Order

Orders are issued to a citizen who has violated one of the following by-laws:

• Lot Maintenance
• Boulevard
• Fence and Sight Triangle Orders
• Responsible Pet Owners
• Taxicab Licensing

Rather than an A.M.P., Orders require the contravener to take steps to address their violation (eg. Cut you lawn, fix your fence, or remove waste)

You may request an appeal of an Order issued pursuant to the by-laws listed above to the City's Hearings Officer.

To request an appeal, submit an Order Appeal Request Form to Municipal Licensing and Standards before 4:30 p.m. on the 10th day after the Order has been given.

View a sample of an Administrative Order

Note: an appeal of a Lot Maintenance, Boulevard, or Animal Control Order does not operate as a stay of the Order.

Property Standards Order

Property Standards Orders are issued to property owners who have property-related deficiencies per the City’s Property Standards By-law. The Property Standards By-law establishes minimum standards of repair, maintenance and occupancy, including:

• Property Maintenance
• Conditions of Parking Areas and Safe Passages
• Sewage and Drainage Systems
• Heating, ventilation and air conditioning systems

You may appeal a Property Standards Order by submitting a Property Standards Appeal Application to Municipal Licensing and Standards within 14 days of being given the Order and paying the appeal fee.

If you appeal a Property Standards Order you will have a hearing with the Oshawa Property Standards Committee, an appeals body chosen by City Council.

Property Standards Appeal Application

View a sample of a Property Standards Order

Licensing, Taxi and Property Related Decisions

• Business, Taxi, and Responsible Pet Owners Licensing Decisions
• Fence and Sight Triangle Exemption Decisions
• Work Orders

You may appeal a decision made pursuant to the City's Licensing By-law, Taxicab By-law, or Responsible Pet Owners By-law, or Work Order by submitting a request in writing to Business Licensing and paying the appeal fee.

A request to appeal a Licensing By-law Decision must be submitted before the 10th day after notice of the Director's decision is given to the person.

A request to appeal a Taxicab By-law Decision or Order must be submitted before the 14th day of the date of the order, decision or cancellation.

Appeal Request Form

View a sample of a Decision Letter

Note: an appeal of a Taxicab By-law Decision or Work Order operates as a stay of the Decision or Order