Policy - A.M.P.S. Conflict of Interest and Code of Conduct - 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: Conflict of Interest
and Code of Conduct
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 relating to conflicts
of interest. In accordance with the regulation, the policy must define what constitutes a
conflict of interest in relation to A.M.P.S., contain provisions to prevent such conflicts,
and to address such conflicts should they occur.
This policy addresses conflict of interest provisions in relation to the administration of
A.M.P.S. The policy sets out requirements relating to screening officers, hearing
officers and Town staff in order to prevent actual, potential and perceived conflicts of
interest, and to ensure that A.M.P.S. responsibilities are conducted in accordance with
fundamental principles of justice, which include judicial and prosecutorial
independence, fairness, impartiality, competence and integrity.
Scope
This policy applies to all screening officers, hearing officers, and all Town of Aurora (the
“Town”) employees involved in the administration of the A.M.P.S. program.
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 policy shall also apply regarding the
activities of an employee in the administration of the A.M.P.S. program. In
the event of a conflict between the provisions of this policy and the
provisions of the Employee Code of Conduct policy, in relation to A.M.P.S.,
this policy shall supersede.
• For hearing officers:
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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.
This policy shall apply in addition to all applicable Town policies (e.g., Employee Code
of Conduct, etc.). A breach of Town policy relevant to any matters set out in this policy
shall be deemed to be a breach of this policy.
Definitions
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 pursuant to the Administrative
Penalty By-law 6450-22.
Clerk
The Town clerk, or anyone designated by the Town clerk to perform their duties relating
to A.M.P.S.
Director
The department head responsible for the Bylaw Services Division of the Town, or their
designate or successor.
Employee Code of Conduct Policy
The policy adopted by the Town to govern employee conduct, provide ethical standards
and conflict 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
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.
Parent
A person who has demonstrated a settled intention to treat a child as a member of their
family, whether or not that person is the natural parent of the child.
Penalty Notice
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A penalty notice as described in Section 4.0 of the Administrative Penalty By-law 6450-
22.
Person
Includes an individual or a corporation.
Policy for Appointment of Screening and Hearing Officers
The policy adopted by the Town of Aurora to govern the appointment of screening and
hearing officers, as amended from time to time, or any successor thereof.
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.
Relative
Includes any of the following persons:
• Spouse, common-law partner, or any person with whom the person is living as a
spouse outside of marriage
• Parent or legal guardian
• Child, including a stepchild and grandchild
• Siblings and children of siblings
• Siblings of parents and their children (typically known as aunt, uncle, niece and
nephew)
• In-laws, including parents, siblings, and children
• Any person who lives with the person on a permanent basis
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 successor
thereof.
Screening Decision
The decision of a screening officer, as set out in Section 5 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.
Screening Review
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The process related to review of a penalty notice, as set out in Section 5.0 of the
Administrative Penalty By-law 6450-22.
Policy
Appointment of Screening Officers and Hearing Officers
The Screening and Hearing Officer By-law 6451-22 and Policy – A.M.P.S. Appointment
of Screening and Hearing Officers establishes the rules regarding the appointment of
screening officers and hearing officers.
Screening and hearing officers shall be appointed and recruited in accordance with the
Policy – A.M.P.S. Appointment of Screening and Hearing Officers.
The following persons shall not be eligible for appointment as or to remain as a
screening officer or hearing officer:
• A member of council
• A relative of member of council
• An individual indebted to the Town other than
o In respect of current real property taxes
o Pursuant to an agreement with the Town, where the individual is in
compliance with the terms thereof
• In the case of a hearing officer, an employee of the Town
Conflict of Interest
Administrative Conflict
A conflict of interest arises where a screening officer, hearing officer or Town employee
involved in the administration of A.M.P.S., or any relative of same, has a direct or
indirect personal or financial interest:
• Such that they could influence a decision made in relation to A.M.P.S.
• That may affect the performance of their job duties in relation to A.M.P.S.
• That conflicts, might conflict, or may be perceived to conflict with the interests of
the proper administration of A.M.P.S.
• That may adversely affect the reputation of the Town as a public authority in
relation to A.M.P.S.
Additional Conflict of Interest
A conflict of interest includes a pecuniary or non-pecuniary interest, actual, perceived, or
potential conflict, that could arise in relation to personal or financial matters, including
but not limited to:
• Directorships or employment
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• Interests in business enterprises or professional practices
• Share ownership or beneficial interests in trusts
• Professional or personal associations with a person
• Professional associations or relationships with other organizations
• Personal associations with other groups or organizations
• Family relationships, including relatives
Conflict of Screening Officers and Hearing Officers
Screening Officer
Screening officers are employees of the Town and therefore must also abide by the
Town’s Employee Code of Conduct policy.
Screening officers must be and appear to be impartial at all times. Screening officers
shall not review a penalty notice for a personal or business acquaintance or relative.
Screening officers shall not review a penalty notice that they have issued.
Hearing Officer
Hearing officers, in conducting a hearing review, are bound by and shall comply with the
Statutory Powers Procedures Act, R.S.O. 1990, c. S. 22 as well as general administrative
common law principles (e.g., procedural fairness, natural justice, impartial and unbiased
decision making, etc.).
Hearing officers must be and appear to be impartial at all times. A hearing officer shall
not review a screening decision for a personal or business acquaintance or relative.
Hearing officers must also abide by the terms of any agreement governing the retainer
between the hearing officer and the Town.
All screening officer(s) and hearing officer(s) shall:
• Both be and appear to be independent, impartial, and unbiased
• Avoid all conflicts of interest, whether real, potential or perceived, and promptly
take appropriate steps to disclose, resolve, or obtain advice with respect to any
such conflict should it arise
• Not represent any person at a screening review or hearing review
• Not dispute their own penalty notices and are expected to pay the penalty notice
in a timely manner
• Not be influenced by partisan interests, public opinion, or by fear of criticism
• Not use their title and position to promote their own interests or the interests of
others
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• Discharge their duties in accordance with the law, Town by-laws and A.M.P.S.
policies, procedures and guidelines in effect from time to time
• Maintain and upgrade their knowledge and competence through their work, by
participating in training, and by seeking guidance from their colleagues and the
Town, as necessary
• Remain up to date on changes in the law, Town by-laws, policies and procedures
relevant to their function
• Act with integrity, as they are subject to ongoing public scrutiny
• Respect and comply with the law and conduct themselves at all times in a
manner that promotes public confidence in the integrity and impartiality of
A.M.P.S.
• Approach their duties in a calm and courteous manner when dealing with the
public and others and present and conduct themselves in a manner consistent
with the integrity of A.M.P.S. and with their appointment
• Convey their decisions in plain language, including the reasons therefor where
such are required
• Safeguard the confidentiality of information that comes to them by virtue of their
work and not disclose that information except as required by, and in accordance
with, the law
• In discharging their duties, treat those with whom they deal in a respectful and
tolerant manner regardless of the gender, sexual orientation, race, religion,
culture, language, mental abilities, or physical abilities of those persons, and
without limiting the foregoing, comply in all respects with the Ontario Human
Rights Code, R.S.O. 1990, c. H.19
• Refrain from openly and publicly criticizing the administration of A.M.P.S. or the
conduct of others, including Town employees or members of council. Screening
officers and hearing officers shall acknowledge that only the Clerk or Director
may speak publicly on behalf of the Town’s A.M.P.S. program. Any criticisms,
suggestions or concerns related to A.M.P.S. shall be communicated through
appropriate channels to the Clerk or the Director
• Deal with the matters that come before them in a timely manner and make
themselves accessible to those requiring their services
• Not knowingly exercise a power or function for which they have not been trained
or designated
Without limiting the foregoing, screening officers, hearing officers, and all persons
involved in the administration of A.M.P.S. shall avoid activities or circumstances that
create conflicts, whether real, potential or perceived, between their personal interests
and their responsibilities in relation to A.M.P.S., including situations where their
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personal interests or the perception that their personal interests could influence any
decisions they make on behalf of the Town.
Any obligation, interest, or participation, which would or could interfere with the fair and
impartial administration of A.M.P.S. or the exercise of judgment in relation to A.M.P.S.,
constitutes conflict of interest.
Every screening officer, hearing officer or Town employee involved in the administration
of A.M.P.S., must disclose, in accordance with this policy, any obligation, commitment,
relationship or interest that poses a real, potential or perceived conflict with his or her
duties in relation to or interests in the administration of A.M.P.S.
Preventing Conflict of Interest
The keys to preventing conflicts of interest are identification, disclosure, and withdrawal
from the power of decision with respect to a screening review or hearing review.
The need for identification, disclosure and withdrawal from a power of decision or
administrative role in relation to A.M.P.S. applies to any real, potential, or perceived
conflict of interest.
Assignment of Alternate Screening Officer or Hearing Officer
Where a real, potential, or perceived conflict of interest is reported by a screening officer
or hearing officer, as set out in this policy:
• In the case of a review of a screening review or hearing review that has not yet
commenced, the Director shall assign another screening officer or hearing officer
to conduct the review to avoid actual, potential, or perceived conflict of interest
• In the case of a review of a screening review or hearing review that has
commenced:
o The screening officer or hearing officer, as the case may be, shall adjourn
the review and withdraw from the power of decision
o The Director shall cause the screening review or hearing review to be
recommenced and rescheduled with another screening officer or hearing
officer
If all appointed screening officers and / or hearing officers have a conflict of interest
with a matter, the Director shall retain another screening officer or hearing officer to
handle the matter that is the subject of the conflict of interest.
The Director may consult with the Town Solicitor, or their designate, for further guidance
in regard to this policy.
Where a screening officer or hearing officer is charged with any offence under Canada’s
Criminal Code (R.S.C., 1985, c. C-46), or under any other federal or provincial statute or
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regulation where continuing to perform duties may erode public confidence in the
administration of justice, the screening officer or hearing officer shall disclose same to
the Director within five business days of the charge being laid, and appropriate action
will be taken by the Town, which, if determined appropriate, may include suspension
from duties until the final disposition of the charge and, upon final disposition, may
include, but is not limited to, termination of duties related to A.M.P.S. and / or
revocation of appointment.
Responsibilities
Screening Officers and Town Employees
In reporting conflicts of interest, screening officers and Town employees involved in the
administration of A.M.P.S. shall notify the Director of any conflict of interest, real,
potential, or perceived, that they may have in relation to a matter.
Hearing Officers
In reporting conflicts of interest, if a hearing officer becomes aware of any real,
potential, or perceived conflict of interest, the hearing officer shall notify the Director.
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 operational
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.
References
• Criminal Code (R.S.C., 1985, c. C-46)
• Human Rights Code, R.S.O. 1990, c. H.19
• Municipal Act, 2001, S.O. 2001, c. 25
• Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22
• 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.: Financial Management and Reporting
• Policy - A.M.P.S.: Preventing Political Interference
• Policy - A.M.P.S.: Public Complaints
• Policy - A.M.P.S.: Undue Hardship
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• Policy – Employee Code of Conduct
• Policy – Council-Staff Relations