Policy - A.M.P.S. Undue Hardships - 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: Undue Hardships
Purpose
The Town of Aurora (the “Town”) wishes to establish a policy to assist screening
officers and hearing officers in responding to requests by persons with a penalty notice
for relief from paying all, or part, of an administrative penalty, including any
administrative fees, on the basis that they would suffer undue hardship if required to
pay the penalty or fee.
Ontario Regulation 333/07: Administrative Penalties made under the Municipal Act,
2001, S.O. 2001, c. 25 requires a municipality establishing an Administrative Monetary
Penalty System (A.M.P.S.) to have procedures that permit persons to be excused from
paying all or part of the administrative penalty, including any administrative fees, if
requiring them to do so would cause undue hardship.
The Administrative Penalty By-law 6450-22 provides discretion to screening officers and
hearing officers to cancel, reduce or extend time for payment of administrative
penalties and administrative fees where the officer determines it is necessary in order
to reduce undue hardship. This policy is intended to provide guidelines to screening
officers and hearing officers in exercising their discretion in accordance with the
Administrative Penalty By-law 6450-22, as amended. It is not intended to provide criteria
for establishing undue hardship in respect of other Town of Aurora programs or
services.
Scope
This policy applies to screening officers and hearing officers in the conduct of a
screening review and a hearing review, respectively, pursuant to the Town’s
Administrative Penalty By-law 6450-22.
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Definitions
Administrative Fee
Any fee specified in the Administrative Penalty By-law 6450-22.
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.
Financial Hardship
A significant financial difficulty or expense and focuses on the resources and
circumstances of the person owing an administrative penalty or administrative fee, in
relation to the cost or difficult of paying the administrative penalty or administrative fee.
Hearing Officer
Any person who is 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
Administrative Penalty By-law 6450-22.
Hearing Decision
A notice which contains the decision of a hearing officer, as set out in Section 6.14 of
the Administrative Penalty By-law 6450-22.
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.
Records Classification Structure and Retention By-law 6586-24
The by-law, passed by the Town providing for the classification retention and
disposition of records in the Town of Aurora, as amended from time to time, or any
successor 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.
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Screening Decision
A notice which contains the decision of a screening officer, as set out in Section 5.8 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.
Undue Hardship
Financial hardship, or other extenuating circumstances based on compassionate
grounds.
Policy
Process
In accordance with the Administrative Penalty By-law 6450-22, a screening officer or
hearing officer:
• May cancel, reduce or extend the time for payment of an administrative penalty
and / or any administrative fee, where the screening officer or hearing officer is
satisfied, on a balance of probabilities, that the cancellation, reduction or
extension of time for payment is necessary to reduce undue hardship
• Will consider and satisfy themselves at the screening review or hearing review as
to the authenticity / credibility of any oral or documentary evidence provided, in
respect of undue hardship, and will include an assessment of such evidence in
their decision.
Documentation to Support Financial Hardship
A person who wishes to seek relief pursuant to the Administrative Penalty By-law 6450-
22 based on financial hardship should bring documentation to support their claim to the
screening review or hearing review. Examples of documents that may be considered in
relation to financial hardship include, but are not limited to:
• Old Age Security
• Canada Pension
• Guaranteed Income Supplement
• Disability Pension
• Ontario Student Assistance Program
• Any other form of social assistance
A screening officer or hearing officer may also consider the oral evidence provided by
the person in relation to financial hardship.
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Documentation to Support Undue Hardship
A person who wishes to seek relief pursuant to the Administrative Penalty By-law 6450-
22 based on undue hardship should bring documentation to support their claim to the
screening review or hearing review. Examples of documents that may be considered in
relation to undue hardship include, but are not limited to:
• Old Age Security
• Canada Pension
• Guaranteed Income Supplement
• Disability Pension
• Ontario Student Assistance Program
• Any other form of social assistance
A screening officer or hearing officer may also consider the oral evidence provided by
the person in relation to undue hardship.
Records Retention
All information and documentation provided in support of financial or undue hardship
shall be treated in a confidential manner, in accordance with the Municipal Freedom of
Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. Photocopies of the
documentation may be required and attached to the screening decision and / or hearing
decision record and will be retained according to the Town’s Record Classification
Structure and Retention By-law 6586-24.
Policy Communication
• This policy will be posted on the Town’s website and intranet
• Employees will be advised of the new policy via distribution to the Executive
Leadership Team or Corporate Management Team
• This policy shall form part of the orientation for all screening officers, hearing
officers and A.M.P.S. enforcement and administration employees
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
• Municipal Act, 2001, S.O. 2001, c. 25
• Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.
M.56
• 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
• By-law – Record Classification Structure and Retention – 6586-24
• 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
• Policy - A.M.P.S.: Preventing Political Interference
• Policy - A.M.P.S.: Public Complaints
• Policy - Code of Conduct
• Policy - Council-Staff Relations