The defined terms in the Highway Traffic Act (Ontario) equally apply in this Guideline A: Principles and Standards and all subsequent guidelines equally apply. For ease of reference, and unless otherwise specified, within this guideline:
- a vehicle included (but is not limited to) a motor vehicle, a trailer, a farm tractor, and a bicycle;
- a motor vehicle included (but is not limited to) an automobile and a motorcycle;
- a bicycle included (but is not limited to) a tricycle, a unicycle and an electric bicycle (e-bike).
Authority: A person or entity having jurisdictional authority, whether federal, provincial or otherwise, to act under and enforce legislation. Where the context allows, the term authority includes any law enforcement agency, police service or special constable authority having jurisdiction at the municipal location of the University property, including the Royal Canadian Mounted Police, the Ontario Provincial Police, the Guelph Police Service, and Campus Community Police;
Business day: Any weekday, excluding any holiday recognized and observed by the University;
Community member: An employee, student, member of either the Board of Governors or the Board of Trustees, member of other University-established boards or committees, volunteer, contractor, person or group renting or otherwise permitted to use University property, visitor, applicant or invited guest;
Legislation: Any applicable by-law, law, ordinance, rule, regulation, standard, statute or code now or hereafter enacted, amended, re-enacted, supplemented, revised or replaced, in whole or in part, and promulgated by, or any directive or order issued, or any requirement made of, an authority having jurisdiction, whether federal, provincial or otherwise, and applicable to and enforceable on the University, on activity on University property or at the municipal location of the University property;
Parking lot: A lot or other area of parking spaces, or a series of parking spaces adjacent to a roadway, intended for vehicle parking. Where the context allows, the term parking lot includes the entrance to and exit from such parking lot;
Parking space: A space that has been clearly marked, typically between two parallel yellow painted line, and designated by official signs from time to time as a space for vehicle parking;
Parking year: The one-year period from May 1st to the immediately following April 30th inclusive.
University: The University of Guelph where the context allows, the term University includes any University authority;
University authority: A person or entity having jurisdictional authority to act under this policy, including the regulations. Where the context allows, the term University authority includes Campus Parking Services, including parking enforcement officers and student enforcement personnel, Campus Community Police, the responsible officer, and the approving authority;
University property: Any real property, either owned or leased, used, occupied or otherwise operated by or under the aegis of the University, including any land together with any building, structure and improvement thereon, including any natural environment, landscaped space and athletic playing field, and any bike path, walkway, roadway and parking lot, as may be altered or added to, subtracted from, or rearranged, in whole or in part, by the University from time to time. When pertaining to any damage to or the destruction of, the term University property includes the furniture, furnishings, equipment, vehicles and other chattels of the University; and
University unit: An academic college or school, research or administrative department or other business unit of the University.
A2.1. Parking Services, No Obligation
While the University has no legal obligation to provide parking services, parking services are provided in designated parking lots on University property to permitted community members under license (as a privilege rather than an entitlement or right) in accordance with this policy, including the regulations.
A2.2. Parking Principles
The following parking principles are considered in the application of this policy, particularly at the University’s main campus in Guelph, Ontario:
- parking services on University property are limited in availability and number at an approximate rate of one parking space for every seven or more community members;
- because all available University land is either in use or reserved for planned academic, research, ancillary or other administrative purposes, opportunities for future parking expansion are limited;
- the University believes it is necessary to maintain green space among campus development as an integral part of our campus environment for the enjoyment of community members;
- students and employees are encouraged to use public transit for transportation to and from the University. Significantly discounted Guelph Transit bus passes have been negotiated for full-time students, the cost of which is included in student fees, and for full-time employees, which may be purchased through the City of Guelph Transit.
- the University places a priority on providing parking privileges to regular full-time employees, full-time commuter students, who travel daily to campus from outside of the Guelph area, community members with physical disabilities requiring accessible parking, and full-time students who have exceptional circumstances;
- Campus Parking Services operates as a financially self-reliant ancillary operation providing reasonable access to parking for community members. Campus Parking Services further provides a reasonable contribution to the University in the form of rent for the long-term use of University lands as parking lots; and
- parking fees are established to reflect recovery of costs, including, but not limited to, costs of administration, management, safety, security, enforcement, operations, development, and maintenance. Parking fee rates may be viewed online.
A3.1. Governing Legislation
Any applicable prohibition, restriction, permission or other requirement under legislation is, respectively, a prohibition, restriction, permission or other requirement on University property.
Every person on University property and every vehicle entering, on or exiting University property observes and complies with legislation and University policy, including this policy and the regulations.
By purchasing parking, parking a vehicle in a parking space or otherwise using parking, the person purchasing, parking or otherwise using parking is deemed to have entered into a parking license with the University to park the vehicle on University property, such license being a privilege (rather than an entitlement or a right) granted by the University to the person, subject always to the person observing the requirements of this policy, including the regulations.
Where a person is alleged to have contravened this policy, that person will be processed, including any applicable sanction(s) under:
- if a student, University policy: XIV General Information: Policy on Non-Academic Misconduct & Students Rights & Responsibilities and this policy, including the regulations;
- if an employee, any applicable policy, collective agreement or other terms and conditions of employment;
- if a member of the Board of Governors while involved in a Board activity, Board Policy B.1: Good Governance Policy for the Board of Governors; or
- if any other person, this policy, including the regulations.
A3.3. University Rights
University property is the private property of the University of Guelph and, therefore for any reason considered advisable by the University (including emergency, maintenance, repair, construction, special event, prevention, or misuse), the University has the right to:
- maintain full jurisdiction and control over University property and all activities thereon;
- use or permit the use of University property for any purpose whatsoever, and for greater clarity, impose any requirement that prohibits, restricts or otherwise controls activities on or in the use of University property;
- develop and implement systems to operationalize and maintain this policy;
- enact regulations summarizing, in whole or in part, any prohibition, restriction, permission or other requirement applicable under the legislation or imposing any further supplementary prohibition, restriction, permission or other requirements of the University;
- enforce, when and as necessary, and take action against persons and/ or vehicles contravening the legislation or University policy, including this policy and the regulations;
- obstruct or close access to University property, in whole or in part, including parking lots or parking spaces, and control or restrict pedestrians or vehicular traffic entering onto, circulating or operating within and exiting from University property and for vehicles parking on University property;
- prohibit or restrict any person or vehicle from accessing or being on University property, or restrict or otherwise terminate, temporarily or permanently, parking privileges to any person or vehicle;
- make any adjustment, temporarily or permanently, on or to University property or to parking services, including the types of parking, parking fees, hours of operation, number, size, orientation, configuration, or location of parking lots or parking spaces; and
- reassign or relocate, temporarily or permanently, parking lots or parking spaces within University property and reassign or relocate, temporarily or permanently, the parking lot or parking space of a permit-holder(s) within the same or a similar or relocated parking lot or parking space. Where the reassignment or relocation is considered to be temporary, the University will, without any obligation whatsoever and compensation therefor, make every reasonable effort to provide advance notice.
A3.4. Official Signs
Official signs and devices may be erected on University property to facilitate the safe and orderly movement of pedestrian and vehicular traffic and the appropriate use of University property, including parking lots and parking spaces, and every person shall observe and comply with the directions of such signs and devices.
A3.5. Responsibilities for Conduct, Acts and Omissions
The driver of a vehicle is responsible to the University for the driver’s conduct, acts and omissions and for the conduct, acts and omissions of passengers in the driver’s vehicle.
The passenger of a vehicle is responsible to the University for the passenger’s conduct, acts and omissions.
The permit-holder is responsible to the University for the permit-holder’s conduct, acts and omissions and for the conduct, acts and omissions of the owner, driver and passengers in the permit-holder’s registered vehicle.
The owner of a vehicle is responsible to the University for the owner’s conduct, acts and omissions and for the conduct, acts and omissions of the permit-holder, driver and passengers in the owner’s vehicle.
A3.6. Driver Liability for Injury/ Death to Persons and Damage to Property
The driver of a vehicle is responsible for and assumes all liability for injury to and death of any person and for damage to or destruction of property, including University property, arising from the driver’s driving or operation of a vehicle.
A3.7. Driver and Owner Jointly and Severally Responsible
The permit-holder, driver and owner of a vehicle are held jointly and severally responsible for violations involving the vehicle, including any violation that occurs when the vehicle is being driven or operated without the owner’s consent.
A3.8. University Neither Responsible Nor Liable
The University does not assume any responsibility or liability whatsoever for:
- damage, destruction to or any theft or loss of any property, including any vehicle or the contents of any vehicle, or for any injury to or any death of any person, however caused; and
- reassignment or relocation of or any disruption, restriction, termination or other cancellation, whether temporary or permanent, or any loss suffered as a result therefrom, of any parking privileges to any person or vehicle, permit-holders included, however caused.
A3.9. Legislation Supersedes
In the event of conflict between applicable legislation and this policy, the applicable legislation shall govern and this policy is deemed to be amended hereby to the extent necessary to eliminate the conflict.
A3.10. Privacy Statement
Personal information is collected by the University pursuant to the University of Guelph Act (1964). It is collected and used to verify eligibility of persons to park on-campus, to maintain current information on persons and motor vehicles parking on campus, to process payments, to enforce and issue sanctions against violators of this policy, including the regulations, to process objections and appeals that may arise from violations, and to maintain a history of violations on campus. This information remains within the University unless required to pursue overdue accounts, in which case it is disclosed to an outside agency. At all times the information will be protected in accordance with the Freedom of Information Act (FIPPA).
Questions about the use and disclosure of this personal information may be referred to Campus Parking Services online or by email (see A6.3 Office Hours and Contact Information).
Any notice/violation required to be given by the University under this policy may be given by email to the person concerned and/ or by placing the required notice/violation on the windshield of the vehicle concerned, in which case the notice/violation shall be deemed to have been received on the date of being given.
A3.12. University Sanction
In the event a person violates this policy, or is in serious or repeated violation of this policy, the University, in addition and without prejudice to any other right or remedy the University may have at law or under University policy, has the right to invoke any or all of the following sanctions, as may be appropriate and applicable:
- issue a violation notice and levy fines;
- tow a violator’s vehicle or an offending vehicle at the owner’s sole risk, expense and liability;
- issue a trespass to property notice banning the violator, the violator’s vehicle(s) or any offending vehicle from University property;
- revoke any permission to or prohibit any person, group or entity from conducting any activity that may be otherwise permitted under University policy or impose any requirement that prohibits, restricts or otherwise controls the activities of such person, group or entity while on University property, including the suspension, cancellation, revocation or otherwise termination the violator's driving and parking privileges on University property. If the violation is a permit-holder, the permit-holder shall not be entitled to any refund whatsoever from the University for any outstanding balance that may be owing the permit-holder, such amount representing the University's liquidated damages and acceleration of charges against the permit-holder;
- if the violation involves a student, levy sanctions against the violator under University of Guelph, Students Rights and Responsibilities policy;
- if the violation involves an employee, levy sanctions against the violator under any applicable collective agreement or other terms and conditions of employment;
- if the violation involves a member of the Board of Governors while involved in a Board activity, process the violation under Board Policy B.1: Good Governance Policy for the Board of Governors;
- invoke other remedial or disciplinary action outlined in any terms and conditions applicable to the violator; and
- initiate criminal charges or civil legal proceedings against the violator.
A3.13. Failure to Pay Fines
In the event a violator fails to pay a fine levied by the University under this policy, the University, in addition and without prejudice to any other right or remedy the University may have at law or under University policy, has the right to either or both of the following sanctions, as may be applicable:
- refer the violator’s outstanding account to the Office of the Registrar for withholding of the violator’s student records, including grades, diplomas, or transcripts, and any refundable fees owing to the violator, until the violator’s outstanding account is settled; and
- refer the violator’s outstanding account to Financial Services for recovery by a collection agency.
A3.14. Violation Notice Cannot be Withdrawn or Cancelled
A violation notice that has been issues cannot be withdrawn or cancelled except through the prescribed appeal process or in exceptional circumstances, by the University authority.
A3.15. Rates Subject to Change without Notice
Rates for fines for violations are subject to change without notice.
A3.16. MTO Search for Owner
In the event that the identity of a violator cannot be determined, the owner of the offending vehicle is deemed responsible for any related fines assessed. Under such circumstances, the University has the right to use the licence plate of the offending vehicle in a search of the Ontario Ministry of Transportation database to trace and identify the owner. Unless the identity of the violator can be verified, fines, together with any charges levied by the Ministry for such search and all other penalties and charges, will be applied against the account of the owner. The permit-holder, the driver, a passenger and the owner of an offending vehicle may be held jointly and severally responsible for any fines assessed pursuant to a violation notice.
A person who believes their vehicle is either stolen or impounded, should contact Campus Parking Services during office hours (See section A6.3 Office Hours and Contact Information for hours) or Campus Safety Office at any other time for further information or assistance.
If a vehicle is towed, impounded, and stored, such actions are at the owner’s sole risk, expense, and liability. The University does not at any time, by virtue of towing or impounding a vehicle, become a bailor of towed or impounded vehicles.
The University does not assume any responsibility or liability whatsoever for any damage, destruction, theft or loss of any property, including a vehicle or the contents of a vehicle, or for injury to or death of a person, however caused from the towing, impoundment or storage of a vehicle. A message left on a parked or abandoned vehicle does not prevent ticketing or towing.
Impounded vehicles are normally released after payment of towing charges has been received by the towing company. Arrangements for the release of an impounded vehicle are made in advance with Campus Parking Services. Vehicles are stored at the towing company’s leased compound in parking lot P19.
Towing charges are in addition to any other sanctions levied by the University for violations under these regulations.
|Cost Recovery Information||FEES|
|Cost recovery daily fee for towed vehicle storage (per day, including any part day)||$20.00|
|Cost recover fee for towed vehicle released between 8:00 and 20:00||$115.00|
|Cost recovery fee for towed vehicle released between 20:00 and 8:00||$158.00|
A3.18. Payment of Fines
Fines for violations are applied against the violator’s account and become due and payable within ten business days after the date of issuance of a violation notice.
Payment to accounts may be made online. The following methods of payment are accepted: AMEX, Visa Debit, Visa and MasterCard
If a violator’s payment is rejected for non-sufficient funds, the University may charge the violator an administrative fee for each occurrence. Administrative fees, together with all other outstanding fines,become immediately due and payable by the violator to the University.
An appeal is considered in instances where a violation notice, respectively, has been issued contrary to the regulations or otherwise in error. A lack of knowledge or awareness of the regulations does not establish grounds for an appeal.
A person who has been issued a violation notice and who has reason to appeal to such notice or the fine or other sanction, may submit an appeal request online. See section A5.2 Writing an Appeal Request below for suggestions for writing an effective appeal.
An appeal request must be submitted within ten business days from the issue date on the violation notice; an appeal received after the tenth business day is not considered.
Appeal requests relating to parking, the adjudicator is normally the Manager, Campus Parking Services.
Normally within five business days after the receipt of an appeal request, the adjudicator reviews the request together with any information relevant to the matter and issues a decision notice from among the following:
- deny the appeal request, upholding the violation notice, the fine and any sanction;
- accept the appeal request, upholding the violation notice, but reducing (not eliminating) the fine, any sanction will remain applied until the fine has be settled; or
- accept the appeal request, overturning the violation notice, the fine and removing any sanction(s).
Any payments owing to the University arising from the appeal become due and payable within ten business days from the issue date of the appeal result notice and may be paid online.
Decisions with respect to the appeal(s) and final notices issued by Campus Parking Services shall be final, conclusive and binding upon the appellant and the University.
A6.2. Writing an Appeal Request
The following are some suggestions for writing an effective appeal request:
Be certain the appeal is based on the contention that the violation was issued contrary to the regulations or in error. A lack of knowledge or awareness of the regulations does not constitute grounds for an appeal request;
Keep the information as brief as possible while still providing pertinent information and addressing the specific issue for which the violation was issued;
Tangential matters cannot and will not be considered. Avoid editorializing. The University is well aware that convenient parking and loading zones may be limited at peak times;
Avoid confusing parking issues with issues of security;
Remember, appeals are not usually overturned and are not usually granted for any of the following or similar reasons:
- “Everybody parks there, and I am the only one who got a ticket”;
- “I thought it was a parking space” or “I didn’t know (see the sign)”;
- “I’ve parked there for the last 5 weeks (months, years, etc.) and I’ve never been ticketed before”;
- “I was only there for 5 or 10 minutes”;
- “I (My friend, My sick friend, etc.) had to use the washroom”; or
- “How was I supposed to know it was going to snow last night?”
A5. General Information and Assistance
A5.1. Campus Emergencies
For any University emergency, dial extension 52000 or phone number 519-824-4120 ext 52000. The University emergency line is staffed 24 hours per day, 365 days per year by Campus Saftey Office.
A5.2. Parking Information Available Online
A5.3. Office Hours and Contact Information
|Campus Parking Services||Campus Safety Office|
|Trent Building, 32 Trent Lane PVT||Trent Building, 32 Trent Lane PVT|
|519-824-4120 ext 52118||519-824-4120 ext 52000 (Emergencies only)
519-824-4120 ext 52246 (non-emergency)
8:30 a.m. - 4:15 p.m. weekdays, except holidays
24 hours per day, 365 days per year
For information relating to parking, including:
For information relating to traffic enforcement, including:
A7.4 Reporting Collisions, Theft, Other Problems
Motor vehicle collisions, the theft or loss of property, including the vehicle or contents therein, the towing of a vehicle, or vehicle breakdowns on University property should be reported to Campus Safety Office. Campus Safety Office may elect to further investigate any such incident or call Guelph Police Services.