Policy - A.M.P.S. Preventing Political Interference - 20250220
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Policy
Bylaw Services
Contact: Manager, Bylaw Services
Approval Authority: C.A.O.
Effective: April 10, 2023
Revised: February 20, 2025
______________________________________________________________________________________
Administrative Monetary Penalties System: Preventing Political
Interference
Purpose
The Municipal Act, 2001, S.O. 2001, c. 25 requires a municipality establishing an
Administrative Monetary Penalty System (A.M.P.S.) to have a policy for the prevention
of political interference in A.M.P.S.
This policy is intended to address this requirement, to define what constitutes political
interference in relation to A.M.P.S., and to ensure that the responsibilities of individuals
involved in A.M.P.S. are conducted in accordance with the principles of fundamental
justice, which include decision making and procedural independence, fairness,
impartiality, and integrity, without any political interference.
Scope
This policy applies to all members of Aurora Town Council, hearing officers, screening
officers, and Town of Aurora (the “Town”) employees involved in the enforcement and
administration of A.M.P.S., and to all other Town employees in relation to their
interaction with A.M.P.S. and members of council.
The following shall apply in addition to this policy:
• For Town employees involved in the administration of the A.M.P.S. program:
o The Employee Code of Conduct, shall also apply regarding the activities of
an employee in the administration of the A.M.P.S. program
• For hearing officers:
o The provisions of any agreement governing the retainer between the Town
and a hearing officer(s), shall also apply regarding the activities of the
hearing officer. In the event of a conflict between this policy and the
agreement, the provisions of this policy shall supersede.
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• For members of council:
o The Council Code of Conduct shall also apply regarding the activities of
members of council. In the event of a conflict between the provisions of
this policy and the provisions of the Council Code of Conduct, in relation to
A.M.P.S., this policy shall supersede.
This policy shall apply in addition to all applicable law (e.g., Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50, etc.). A breach of applicable law shall be deemed to
be a breach of this policy.
Definitions
Administrative Penalty
An administrative penalty established by the Administrative Penalty By-law 6450-22 for
a contravention of a designated by-law as defined therein.
Administrative Penalty By-law 6450-22
The by-law passed by the Town to establish administrative penalties for parking, as
amended from time to time, or any successor thereof.
A.M.P.S.
Administrative Monetary Penalty System, established by the Administrative Penalty By-
law 6450-22.
C.A.O.
The Chief Administration Officer of the Town, or anyone designated by the C .A.O. to
perform their duties relating to A.M.P.S.
Council Code of Conduct
The Code of Conduct for members of council, adopted by the Town to govern the
conduct of members of council, as amended from time to time, or any successor
thereof.
Director
The Director, Corporate Service for the Town of Aurora, or their designate or successor .
Employee Code of Conduct Policy
The policy adopted by the Town to govern employee conduct, provide ethical standards,
and address conflicts of interest, as amended from time to time, or any successor
thereof.
Hearing Officer
Any person appointed by the Town from time to time pursuant to the Screening and
Hearing Officer By-law 6451-22, to perform the functions of a hearing officer in
accordance with the Screening and Hearing Officer By-law 6451-22 and the Parking
Administrative Penalty By-law 6450-22.
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Hearing Review
The process related to review of a screening decision, as set out in section 6.0 of the
Administrative Penalty By-law 6450-22.
Penalty Notice
A penalty notice as described in Section 4.0 of the Administrative Penalty By-law 6450-
22.
Person
Includes an individual or a corporation.
Power of Decision
A power or right, conferred by or under this policy and the Administrative Penalty By-law
6450-22, to make a decision deciding or prescribing the legal rights, powers, privileges,
immunities, duties or liabilities of any person .
Reprisal
Any measure taken or threatened as a direct result of disclosing or being suspected of
disclosing an allegation of wrongdoing, initiating or cooperating in an investigation into
an alleged wrongdoing, and includes but is not limited to:
• Disciplinary measures
• Demotion of the employee or individual
• Termination of the employee or individual
• Intimidation or harassment of the employee or individual
• Any measure that adversely affects the employment or working conditions of the
employee or individual
• Directing or counselling someone to commit a reprisal
Screening and Hearing Officer By-law 6451-22
The by-law passed by the Town to establish the positions of screening and hearing
officers and to provide for the appointment of screening and hearing officers, in relation
to administrative penalties for parking, as amended from time to time, or any succe ssor
thereof.
Screening Review
The process related to review of a penalty notice, as set out in Section 5.0 of the
Administrative Penalty By-law 6450-22.
Screening Officer
Any person appointed by the Town from time to time pursuant to the Screening and
Hearing Officer By-law 6451-22, to perform the functions of a screening officer in
accordance with the Screening and Hearing Officer By-law 6451-22 and the
Administrative Penalty By-law 6450-22.
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Policy
The Town is committed to ensuring that the Administrative Monetary Penalty System
(A.M.P.S.) is conducted in a fair and independent manner and preventing political
interference in the administration of A.M.P.S.
Principles of Preventing Political Interference
No person shall attempt, directly or indirectly, to communicate with any Town employee
or other person performing duties related to the administration of A.M.P.S. for the
purpose of influencing or interfering, financially, politically or otherwise, with the
administration of A.M.P.S. or with any particular penalty notice.
No person shall attempt, directly or indirectly, to communicate with a screening officer
or hearing officer for the purpose of influencing or interfering, financially, politically or
otherwise, the screening officer or hearing officer respecting a penalty notice and / or
respecting a power of decision in a proceeding that is or will be pending before a
screening officer or hearing officer, except:
• A person who is entitled to be heard in the proceeding or the person’s lawyer,
licensed paralegal or authorized representative
• Only by that person or the person’s lawyer, licensed paralegal or authorized
representative during the hearing of the proceeding in which the issues arise
o This paragraph shall not prohibit the giving or receiving of legal advice
o In addition to this policy, the A.M.P.S. By-law 6450-22 sets out a
prohibition on attempting to influence a screening officer or hearing
officer and creates an offence for any contravention of the provisions of
the by-law. Such penalty is in addition to any action taken pursuant to this
policy.
• All individuals involved with the enforcement and administrative functions of
A.M.P.S. shall carry out such duties in a manner which upholds the integrity of
the administration of justice.
Accountability
• A screening officer or hearing officer, Town employee or any other individual
performing duties related to A.M.P.S. shall report any attempt at influence or
interference, financial, political, or otherwise, by any person, to the Director as
soon as possible. No action shall be taken against the screening officer, hearing
officer, employee or other person(s) for making any such report in good faith .
• Where any employee, screening officer, hearing officer or other person
performing duties related to A.M.P.S., is contacted by a member of council or
Town official with respect to the administration of A.M.P.S. or a specific penalty
notice, they shall immediately disclose such contact to the Director in order to
maintain the integrity of A.M.P.S.
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• Any interference with or attempt to interfere with A.M.P.S. by any person may
result in charges under Canada’s Criminal Code (R.S.C., 1985, c. C-46), as
applicable, or any other applicable law, in addition to any disciplinary action
• Any interference with A.M.P.S. or attempt to interfere with A.M.P.S., by a member
of council, will be addressed pursuant to the Council Code of Conduct
Reprisal
In addition to and without limiting the Accountability section of this policy, no person
shall take any reprisal against a Town employee or other individual performing duties
related to the administration of A.M.P.S. because the employee or individual, in good
faith:
• Has sought information or advice about making a disclosure about wrongdoing
contrary to this policy
• Has made a disclosure about wrongdoing contrary to this policy in good faith
• Has initiated or cooperated in an investigation or other process related to a
disclosure of wrongdoing contrary to this policy
• Has appeared as a witness, given evidence or participated in any proceeding
relating to the wrongdoing contrary to this policy, or is required to do so
• Has alleged or reported a reprisal
• Is suspected of any of the above actions
The identity of employees or other individuals performing duties related to the
administration of A.M.P.S. involved in an investigation, including the identity of an
individual alleging political influence contrary to this policy, will be protected to the
fullest extent possible.
If an employee believes that they have suffered reprisal, this should be reported
immediately to the Director, or where appropriate, to the C .A.O.
Responsibilities
Not applicable.
Monitoring and Maintenance
CAO / directors / managers / supervisors and employees should work collaboratively to
resolve issues related to this policy. Any employee found to be disrespecting the terms
of this policy other than under exceptional circumstances, emergencies or operatio nal
requirement is subject to an investigation and discipline deemed appropriate by their
immediate supervisor, Human Resources, the Town Clerk and / or CAO.
This policy will be reviewed two years from its effective or revision date, in accordance
with the Town of Aurora’s policy maintenance schedule .
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References
• Criminal Code (R.S.C., 1985, c. C-46)
• Municipal Act, 2001, S.O. 2001, c. 25
• Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50
• O. Reg. 333/07: Administrative Penalties
• By-law - Administrative Penalty – 6450-22
• By-law - Screening and Hearing Officer - 6451-22
• By-law - Amend 4574-04. T (A.M.P.S.) - 6452-22
• Policy - A.M.P.S.: Appointment of Screening and Hearing Officers
• Policy - A.M.P.S.: Conflict of Interest and Code of Conduct
• Policy - A.M.P.S.: Financial Management and Reporting
• Policy - A.M.P.S.: Public Complaints
• Policy - A.M.P.S.: Undue Hardship
• Policy – Code of Conduct
• Policy – Council-Staff Relations
• Council Code of Conduct