Administrative Penalties (AMP's)

REQUEST FOR SCREENING OR HEARING FORMS:

Frequently Asked Questions:

 

About the AMP system:

About Penalty Notices / AMP’s:

I just received a Penalty Notice, what now?:

Contact Information:

About the AMP system

 

What are Administrative Penalties (AMP’s)?

Administrative Penalties (AMP's) are an emerging approach to dealing with minor by-law infractions in a manner that is fair, effective and efficient. This approach has been adopted by numerous municipalities, the province and the federal government and is designed to streamline the enforcement process and increase compliance with City of Oshawa by-laws.

 

The AMP system of enforcement transfers by-law disputes from the courtroom to the municipality through the use of independent Screening and Hearings Officers who are able to modify, cancel, or affirm penalties. This approach aids in reducing congestion in the courts as well as providing a more local and accessible dispute resolution system. The phasing in of the new AMP system began on March 1, 2011.

 

Why did the City move to the new AMP system?

The use of the AMP system has become a common practice amongst numerous municipalities, the province, the federal government, and in other jurisdictions around the world. In Ontario, the use of municipal AMP’s is legislated under the Municipal Act, 2001. This measure was introduced to help the over-burdened courts by streamlining the process and allowing municipalities to handle minor by-law infractions. Oshawa City Council first adopted the use of AMP’s in February 2008.

 

How is the new AMP system better?

Resolving minor by-law infractions such as parking matters could potentially take months in the congested court system. The new AMP system helps to speed up the process by resolving minor by-law infraction matters in weeks while maintaining an individual’s right to request a review of their Penalty Notice.

 

The AMP system is more effective because:

  • Citizens can resolve by-law infraction matters in a more convenient and citizen-friendly environment
  • The City is more capable in dealing with minor by-law infractions in a timely manner;
  • Citizens may request an extension of time in which to request a review by a Screening or Hearings Officer;
  • Citizens may request an extension of time to pay a fine from a Screening or Hearings Officer;
  • It reduces congestion in provincial courts; and,
  • Better use of court time and other resources for more serious matters – the AMP system allows the over-burdened provincial courts to address more serious matters such as Highway Traffic Act offences.  

Does the AMP system apply to all by-law infractions?

No. This system currently applies to by-law infractions related to: Parking, Business Licensing, Responsible Pet Ownership, Nuisance, Snow and Ice Removal, and Waste Collection. Eventually AMP’s will apply to a broader range of by-laws.

 

Note: $300 Accessible and $500 Unauthorized Parking offences will still be dealt with under the Provincial Offences Act. 

 

About Penalty Notices / AMP’s

 

What is a Penalty Notice? And what do they look like?

A Penalty Notice is the same as a “ticket” except that it requires payment of a penalty instead of a fine. The Penalty Notice is issued by a Municipal Law Enforcement Officer to an individual or corporation when they have committed a by-law infraction. An image of a Penalty Notice can be seen below.

FRONT of Penalty Notice

Front of Penalty Notice

View larger image of Penalty Notice

How are Penalty Notices issued?

City of Oshawa Municipal Law Enforcement Officers can issue a Penalty Notice through the following methods:

  • In person
  • Through registered mail to the individual’s last known address
  • By facsimile (fax) to the individual’s last known facsimile transmission number
  • By email to the individual’s last known email address
  • On vehicle

Note: Parking-related Penalty Notices are generally issued by attaching the notice to the vehicle or by serving the notice directly to the operator; however, they may also be issued through any of the methods noted above.

 

Do Penalty Notices cost more than traditional fines?

No. Penalty Notices issued under the AMP system do not cost more than traditional fines. However, in certain cases, additional administrative fees may be applied to the original penalty amount.

 

Are there any additional administrative fees?

Yes. Under specific circumstances, additional fees are applied to the original penalty due. For instance, additional administrative fees are applied to late payments, the failure to attend a scheduled review, and Ministry of Transportation (MTO) searches. 

 

I just received a Penalty Notice, what now?

 

What are my options when a Penalty Notice is issued?

1.       Pay the Penalty Notice; or

2.       Request a review by a Screening Officer.

 

How can I pay a Penalty Notice?

  1. Online (VISA, MasterCard, American Express)
  2. By mail (cheque)
  3. In person (cash, cheque, debit, VISA, MasterCard, American Express)
  4. By telephone (VISA, MasterCard, American Express)

How can I request a review of my Penalty Notice?

The registered owner of the vehicle or the person named in the Penalty Notice may request a review of the Penalty Notice by a Screening Officer by submitting the relevant form. A request for review must be submitted no later than the date specified on the Penalty Notice. Once the form has been completed and received, the individual will be notified of their scheduled date and time.

 

What if I am not satisfied with the result of a Screening?

If the matter is still in dispute following the review by the Screening Officer, you may request a review by a Hearings Officer. A request must be made within twenty-one (21) calendar days following the receipt of the Screening Officer’s decision. 

 

Does it cost anything to request a Screening or Hearing?

No. A fee is not charged for a review of a Penalty Notice.

 

Can I authorize someone else to act on my behalf?

Anyone can make payment on your behalf as long as they have your Penalty Notice and license plate numbers. 

 

The registered owner of the vehicle or the person named in the Penalty Notice is the only one who can request a Screening or Hearing and must attend the scheduled screening or hearing appointment. An authorized representative (witness) may also attend. For Hearings only, authorized representatives are restricted to the following: lawyer, a licensed paralegal or a person who is exempt from the requirement to be licensed by by-law pursuant to the Law Society Act, R.S.P. 1990, c. L. 8.

 

When and where are Screenings and Hearings scheduled?

Screenings and Hearings are held on Tuesdays at Oshawa City Hall, 50 Centre Street South.

 

What if I don’t attend a scheduled Screening or Hearing?

The penalty will be affirmed and the registered owner of the vehicle or the person named in the Penalty Notice could be assessed a Failure to Appear fee of $50 for a Screening or $100 for a Hearing.

 

What if I missed the deadline to schedule a Screening?

You may request an extension in time to schedule a Screening. The request must be received within 42 days of the notice being issued. The decision to grant an extension in time may or may not be approved by the Screening Officer.

 

What happens if I do nothing and ignore the Penalty Notice?

Failure to pay a Penalty Notice not only results in additional administrative fees, but for parking penalties, the notice will be sent to the Ontario Registrar of Motor Vehicles who will deny the renewal of existing, or the issuance of new vehicle license plates.

 

For non-parking related infractions where an individual has failed to pay their Penalty Notice, the City may revoke the individual’s license (where applicable) and the outstanding amount may be sent to a collections agency.


Contact Information:

Payment and General Information:

Location:
Service Oshawa
50 Centre Street South, 1st floor
Oshawa, Ontario L1H 3Z7
Monday to Friday - 8:00 a.m. to 6:00 p.m.
Saturday - 9:00 a.m. to 1:00 p.m.
Phone:
905-436-3311
 
1-800-667-4292
Fax:
905-436-5642
TTY:
905-436-5627
Email:

Screening and Hearing Requests:

Mail:
Legal Services
50 Centre Street South
Oshawa, Ontario L1H 3Z7
Fax:
905-436-5689
Email: