WHAT IS AN ADMINISTRATIVE MONETARY PENALTY SYSTEM
Administrative Monetary Penalty Systems (AMPS), also known as Administrative Penalty Systems (APS), are becoming increasingly popular with Ontario municipalities, as an efficient and cost effective method to administer and resolve municipal by-law prosecutions.
Essentially, AMPS transitions the administrative and prosecution process for by-law offences away from the Provincial Offences Court to an internally administered negotiation and dispute resolution process. It is significantly less formal and intimidating for minor offences than the traditional court system.
AMPS begins with changes to the terminology MLEO’s are commonly used to. A ticket becomes a penalty notice, a fine becomes a penalty and a conviction is known as a confirmation or affirmation.
AMPS can be utilised to administer all municipal by-law offences except Zoning By-laws. Further, municipalities can operate dual enforcement processes, AMPS or the POA, for most by-law offences. Thus, significantly increasing the tools available to MLEO’s. The analogy I often use when speaking with officers is that they should view themselves in the same way that carpenters or mechanics do. We all have tools in our toolbox and the key is to understand what tool to use in each situation.
Having said this, parking violations are the exception. Parking violations can only be administered through AMPS or the POA process, not both.
A person who receives an AMPS penalty notice (ticket), they have the option to pay the penalty (fine) or dispute the notice and/or the penalty amount, by requesting a screening with a municipal screening officer. Most often these screenings take place through a telephone conversation or an email exchange, making it more user friendly for the person and cost effective for the person and the municipality. The screening provides the person the opportunity to explain their circumstances surrounding the alleged violation or to request some leniency with the penalty amount. AMPS provides the screening officer with a variety of options to help resolve the dispute, including the ability to lower the penalty amount. If the person is not satisfied with the decision of the screening officer, they may request a hearing before an independent hearings officer appointed by the municipality.
These hearings are typically held virtually (ie. Zoom type meetings), and can also be held in person as necessary. The hearing officer has the same variety of options to resolve the dispute as the screening officer has. The hearing officer’s decision is final.
In the event that a person fails to pay the penalty, either without requesting a screening or by not paying after a screening or hearing, the municipality has some options available to collect the defaulted fine, including the licence plate denial process for parking violations.
Further, municipalities are investigating the feasibility of implementing Automated Speed Enforcement (ASE) in order to further address community concerns around traffic safety. Municipalities considering ASE are strongly encouraged to develop their process within an AMP system, given the potential volume and limited court availability. AMPS for ASE, although subject to provincial regulations, is operated in essentially the same manner as for by-law violations.
AMPs is less formal and intimidating for members of the public to navigate
Municipalities have increased flexibility to control the timing of the process
Municipalities have more options to work with members of the public to resolve their disputes
Municipalities can operate a duel enforcement process (AMP’s and POA) thereby increasing the tools available to address community concerns
An AMP system allows for administration fees to be imposed in situations where people choose not to attempt to resolve their penalty notice issue
The ability to impose administrative fees can help achieve two possible objectives
Act as an incentive to resolve the penalty notice as quickly as possible
Allow for cost recovery for the additional efforts and resources required to administer penalty notices that remain unresolved
WHY CHOOSE MCS?
The ability to successfully develop and implement an AMP system is dependent upon a municipalities level of resources and capacity as it involves such things as the development of procedural by-laws and policies, forms and templates, software configuration, ect. The implementation of AMPs requires a project management approach, which is how MCS can support municipalities.
Our project mangement services include,
process mapping
drafting by-laws and policies
council reports
development of templates for newly required forms, including new penalty notice (tickets) layouts
standard operating procedures
assisting with software configuration
screening and hearing officer appointments
staff training
public communication plans
developing measurement metrics