If such a By-law were to be passed here, would the SC be able to issue fines over issues occurring previous to the By-law being passed? Retrospectively, as it were?
As scotlandx notes. No fines are possible.
I’d like to note that some of my OC/BCs in some states issue a Breach Notice and then recover the administrative cost of issuing that Breach Notice by billing the “offending” lot.
So it becomes a cost recovery exercise rather than a fine. A technical difference but I note that some OC/BCs have been successful in recovering that cost when it has gone to a Tribunal.