Administrative Monetary Penalty System (AMPS)

Administrative Monetary Penalties as an alternative to the court process

The Municipal Act, 2001 authorizes municipalities to establish a system of administrative penalties for parking infractions as an alternative system from pursuing a prosecution under Part II of the Provincial Offences Act. An Administrative Monetary Penalty System is an alternative parking enforcement structure that includes an efficient dispute process and replaces the traditional POA system. Establishing an AMPS system for parking offences moves the dispute mechanism for violations of the Town’s Parking By-laws from a court-based system to an administrative review model. AMPS provides an objective and efficient process where penalty notices are issued, managed and reviewed.

Under the structure of Administrative Penalties, when an enforcement officer issues a Penalty Notice, to a person or a vehicle in violation of the municipality’s parking by-law, the penalty becomes a balance due to the municipality. Once issued, there are two options available to the defendant which include contesting the penalty notice through a screening review with a Screening Officer. If unsuccessful in that process, the defendant can appeal the decision of the Screening Officer to a Hearing Officer for an additional review. The decision of a Hearing Officer is considered final and binding. An AMP system provides control to the municipality with respect to the timelines associated to the life of a penalty notice as the process is no longer hindered by the backlogged Provincial Court system. Because administrative penalties are imposed without a court hearing, policies are put in place (e.g. conflict of interest, political interference) to ensure that the hearing process for imposing a penalty is fair and in accordance with the principals of natural justice. AMP systems have been upheld by the courts as appropriate for matters under provincial control.