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| Facts about Administrative Penalties
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ADMINISTRATIVE MONETARY PENALTY BY-LAW
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Q’s and A’s on the AMPS
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What is the Administrative Monetary Penalty System (AMPS)?
It’s a fairer, more efficient, local way of dealing with parking and licensing offences. It’s a procedure
adopted by many municipalities, and the federal government. It helps ensure community safety. And it takes a burden
off an over-loaded provincial court.
This process will allow the City of Vaughan to change from a court based fine system to a system of issuing
administrative fines. This means that an offence will be dealt with through an administrative process and not through
the Provincial courts.
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What was wrong with the court-based system?
Long delays. Hundreds of parking and licensing tickets awaited trial at provincial court. Most were lost due to
the delays. Delays were running in the range of 10-24 months. That was unfair and inefficient.
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How do I know it’s going to be fair?
Because of the levels of review, the speed of the process and the fact that extensions of time are built in.
A person may request an extension of time in which to request a review by either a Screening or Hearing Officer.
And a person may request an extension of time from the Screening Officer or Hearing Officer. There is no charge
for a review by either officer. The City must refund any administrative penalty that is cancelled on review.
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Any exemptions to the Administrative Monetary Penalty By-law?
The exception to this is that the system of administrative penalties does not apply to “Disabled Parking” .
This must still be dealt with under the Provincial Offences Act.
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Does this new system apply to all City of Vaughan Bylaws?
No, this system will only apply to the City of Vaughan Licensing and Parking By-law.
PARKING OFFENCES – can only be dealt with through Administrative Penalty process, except for Disabled Parking.
LICENSING OFFENCES – Can use either Administrative Penalty or POA.
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What are the benefits of the AMPS?
The new procedure will benefit citizens in several ways:
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Better customer service. Citizens can deal with the matter here in Vaughan. |
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Faster processing of tickets. Licence and parking matters will be dealt with in a few weeks.
This is in contrast to a few months, and even years in some cases. |
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Re-allocation of court time to more serious matters. This can include property standards or zoning changes. |
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Increased revenue. Revenue will increase by reducing the number of cases quashed due to lengthy delays. |
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Reduced environmental impacts. Less fuel consumption and carbon emissions from not having to drive out of town. |
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When does the new system come into effect?
City of Vaughan officers will begin to issue penalty notices on August 10, 2009.
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How is the Penalty Notice/Ticket issued? How does it work?
A City of Vaughan by-law officer can issue a penalty notice for a parking or licensing infraction by:
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Delivering it personally to the person to whom it is addressed |
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Sending it by registered mail to the person’s last know address, which shall be deemed effective on
the fifth day after it is mailed. |
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Sending it by facsimile transmission to the person’s last know facsimile transmission number; or |
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Sending it by e-mail to the last known e-mail address |
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In the case of a Parking violation the Penalty Notice/Ticket can be affixed to the motor vehicle,
served personally upon the driver at the time of the contravention, or deliver it personally to the motor vehicle owner
as soon as reasonably practicable. |
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In the case of a Licensing violation the officer will personally serve/issue a Penalty Notice/Ticket to the offender. |
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What happens when a Penalty Notice is issued?
You have the option of either paying the penalty notice or you have the right to request a review of the penalty notice,
this must be done within 15 days. If disputed, it is reviewed by a Screening Review Officer appointed by the City for that purpose.
If the matter is still in dispute, residents can request a review by a Hearing Officer. This will take a matter of a few weeks at most,
compared to the months or years in the current court-based system.
Notice: The owner of the vehicle must be provided with reasonable notice that an administrative penalty is
payable. (PDN – Past Due Notice)
If you wish to dispute the issuance of the Penalty Notice/Ticket you or your agent MUST call the Enforcement Services office in advance
to set an appointment date, between the hours of 8:30.m. and 4:30 p.m. Mon. – Fri. at (905) 832-8505.
Will an officer be able to accept payment of the penalty?
No. The individual issuing the penalty notice may not accept payment of the penalty.
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Review of Penalty Notice
A person receiving a penalty notice has a right to request a review of the penalty by a “Screening Officer”.
The Screening Officer may affirm, reduce or cancel the penalty.
A person who received notice of the Screening Officer’s decision must be given a right to a review of that decision
by a “Hearing Officer” .
The Hearing Officer may affirm, reduce or cancel the decision of the Screening Officer. The decision of
the Hearing Officer is final.
There is no option to go to court.
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Extensions of Time
A person may request an extension of time in which to request a review by a Screening Officer or a hearing
by a Hearing Officer.
A person may request from the Screening Officer or Hearing Officer an extension of time for payment of the penalty. |
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What restrictions do the Screening and Hearing Officer have when reviewing the
Penalty?
A Screening officer or a Hearing officer does not have jurisdiction to consider questions relating to the validity
of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or bylaw.
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Is there a fee to for the review of the penalty notice by either the Screening Officer
or the Hearing Officer?
No fee may be charged in relation to obtaining a review before a Screening Officer or a Hearing Officer.
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Can the City impose any administrative fees in addition to the administrative
penalty?
In addition to the administrative penalty, the City may impose administrative fees as follows:
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Each late payment of an administrative penalty $50. |
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Each failure to attend a review by a Screening Officer or a hearing before Hearing Officer $100. |
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Documentation Fees $10 (fees in respect of amounts paid by the municipalities to obtain documents or
information about the vehicle or the owner of the vehicle). |
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Plate Denial (additional fee also charged by MOT). |
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A municipality must refund any administrative fees paid in respect of an administrative penalty that is subsequently
cancelled on review.
COMMUNITY SAFETY
The Administrative Monetary Penalty By-Law is being adopted by most municipalities as a fair, efficient and modern system in
dealing with contraventions against the Parking and Licensing By-laws. This new system also helps to ensure community safety for
the Residents of Vaughan by ensuring that the Parking and Licensing By-laws are being complied with.
For further information on Administrative Monetary Penalties or Online payment option, please visit
the City of Vaughan’s website at:
www.city.vaughan.on.ca/vaughan/departments/enforcement
Dispute Option: All Penalty Notices must be reviewed
by a Screening Officer before a request can be made to be heard by a Hearings Officer.
If you wish to dispute the issuance of a Penalty Notice you or your agent MUST call the Enforcement Services Office
to set an appointment, between the hours of 8:30 a.m. and 4:30 p.m. Mon. – Fri. at (905) 832-8505 for a review of your Penalty Notice
with a Screening Officer.
City of Vaughan – Enforcement Services Department
2141 Major MacKenzie Dr.
Vaughan, Ontario L6A 1T1
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