Severability Clauses in Markham Bylaws
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By Daniel Roy
Severability clauses affect how a City of Markham bylaw continues to operate if part of it is declared invalid by a court. In Markham, Ontario, understanding whether a bylaw has a severability clause helps residents, businesses and enforcement officers know whether an invalid provision will undo an entire regulation or only the problematic section. This guide explains what severability clauses do, how they interact with enforcement of municipal bylaws, where to check the official bylaw text, and practical steps for councillors, lawyers and members of the public who need to rely on or challenge a bylaw provision.
What is a severability clause?
A severability clause is a short provision commonly placed in the interpretation or general provisions section of a bylaw that states whether, and to what extent, the remainder of the bylaw survives if a court finds a part of it invalid or unenforceable. Typical language reads that if a section, subsection or phrase is held invalid the remainder remains in force, but the exact wording and legal effect depend on the bylaw's text and applicable provincial law. For provincial context on municipal powers, see the Municipal Act, 2001 (Municipal Act)[1].
Why it matters for Markham bylaws
Not every bylaw wording is identical; some Markham bylaws include an explicit severability clause while others rely on general legal principles. To confirm whether a specific Markham bylaw contains severability language, consult the bylaw's consolidated text through the City Clerk or the published bylaw page on the City of Markham website (City Clerk - By-laws)[2]. If a bylaw lacks a clear severability clause, courts may still preserve valid sections where severance is feasible, but outcomes depend on statutory context and judicial interpretation.
Penalties & Enforcement
Severability clauses themselves do not create penalties. Enforcement, fines and other sanctions are set by each bylaw and by the City's enforcement procedures. Specific monetary fines or daily continuing offence rates for a given Markham bylaw are set in that bylaw's provisions or related schedules; where those figures are not found on the cited consolidation page they are "not specified on the cited page" and must be checked in the individual bylaw text or enforcement notice. For general enforcement contact and complaint submission, the City of Markham By-law Enforcement office manages investigations and tickets; see the official enforcement contact page (By-law Enforcement)[3].
The enforcement section below summarises typical elements and what to expect when a provision is challenged or found invalid.
- Enforcer: By-law Enforcement division (City of Markham) handles investigations and tickets; contact via the official enforcement page cited above.
- Fines: Specific amounts are set in each bylaw or schedule; if a bylaw's consolidated page does not list amounts, they are not specified on the cited page.
- Appeals and review: Appeal routes depend on whether the matter proceeds as a municipal offence, planning matter or judicial review; time limits for appeals are set by the applicable statute or bylaw and are not specified on the cited page.
- Non-monetary sanctions: Orders to comply, injunctions, demolition or removal orders, or court proceedings may be available depending on the bylaw and statutory powers.
Applications & Forms
- Checking a bylaw text: no special application; consult the City Clerk bylaw page or the specific bylaw PDF where published.
- Complaints or reports: use the City of Markham By-law Enforcement contact page for online complaint submission and phone numbers.
- Formal appeals or legal actions: pursue the route specified in the ticket, the bylaw, or provincial statute; forms and procedures will vary by forum (not specified on the cited page).
How courts treat severability challenges
Courts assess severability by asking whether the invalid portion can be severed without defeating the purpose of the remaining provisions. If severance would require rewriting the bylaw or changes the legislative scheme, a court may strike more than the isolated clause. Municipalities often draft severability language to reduce uncertainty, but final effect depends on judicial interpretation and the surrounding statutory framework, including provincial statutes that govern municipal powers (Municipal Act)[1].
FAQ
- Does every Markham bylaw include a severability clause?
- Not necessarily; some bylaws include explicit severability language while others do not, so check the specific bylaw text on the City Clerk bylaw page.
- If one section is struck down, will the rest of the bylaw still apply?
- Often yes if the offending part can be severed without altering the bylaw's core purpose, but courts decide this on a case-by-case basis.
- Who can I contact to confirm bylaw wording in Markham?
- Contact the City Clerk for bylaw texts and By-law Enforcement for compliance or complaints via the official City of Markham pages cited above.
How-To
- Locate the specific bylaw PDF or consolidation on the City Clerk bylaw page and open the general provisions or interpretation section.
- Search the document for "severability", "severable" or wording that preserves the remainder of the bylaw if part is invalid.
- If wording is unclear, contact the City Clerk for a citation to the enacted bylaw and ask By-law Enforcement or Legal Services for guidance.
- If you plan legal challenge or defence, obtain legal advice early because remedies, time limits and appeal routes differ by forum.
Key Takeaways
- Severability clauses can protect the remainder of a bylaw if one part is invalid.
- Check the specific Markham bylaw text; outcomes depend on wording and statutory context.
- Contact the City Clerk or By-law Enforcement for official copies and enforcement information.
Help and Support / Resources
- City of Markham - By-law Enforcement
- City of Markham - City Clerk (By-laws)
- City of Markham - Planning & Building
- City of Markham - Parking Services
