POLICY - AMPS Undue Hardships - 20230410
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Administrative Monetary Penalties System -
Undue Hardship
Bylaw Services
Contact: Manager of Bylaw Services, Corporate Services
Approval Authority: Chief Administrative Officer
Effective: April 10, 2023
Revised: April 10, 2023
______________________________________________________________________________________
Purpose
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 made under the Municipal Act, 2001 requires a municipality
establishing an Administrative Monetary Penalty System (AMPS) 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 provides discretion to Screening Officers and
Hearing Officer 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 By-law No. 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.
Definitions
Administrative Fee
Any fee specified in the Administrative Penalty By-law;
Administrative Penalty
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An administrative penalty established by the Administrative Penalty By-law for a
contrave ntion of a Designated By-law as defined therein;
Administrative Penalty By-law
The by-law passed by the Town to establish administrative penalties for parking, as
amended from time to time, or any successor thereof;
AMPS
Administrative Monetary Penalty System;
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 of Aurora from time to time pursuant to the
Screening and Hearing Officer by-law, to perform the functions of a Hearing Officer in
accordance with the Screening and Hearing Officer By-law and the Administrative
Penalty By-law;
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;
Hearing Review
The process related to review of a screening decision, as set out in section 6.0 of the
Administrative Penalty By-law;
Municipal Freedom of Information and Protection of Privacy Act
The Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c. M.
56, as amended from time to time, or any successor thereof;
Penalty Notice
A penalty notice as described in Section 4.0 of the Administrative Penalty By-law;
Person
Includes an individual or a corporation;
Records Retention By-law
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
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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;
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;
Screening Officer
Any person appointed by the Town from time to time pursuant to the Screening and
Hearing Officer By-law, to perform the functions of a Screening Officer in accordance
with the Screening and Hearing Officer By-law and the Administrative Penalty By-law;
Town
The Corporation of the Town of Aurora; and
Undue Hardship
Financial hardship, or other extenuating circumstances based on compassionate
grounds.
Policy
Process
In accordance with the Administrative Penalty By-law, 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; and
• 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 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; or
• Any other form of social assistance
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A Screening Officer or Hearing Officer may also consider the oral evidence provided by
the Person in relation to Financial Hardship.
Documentation to Support Undue Hardship
A Person who wishes to seek relief pursuant to the Administrative Penalty By-law 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; or
• 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. 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 Records Retention By-Law.
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; and
• This Policy shall form part of the orientation for all Screening Officers, Hearing
Officers and AMPS enforcement and administration employees.
Responsibilities
Not applicable.
Monitoring and Compliance
In accordance with the Town of Aurora policies, collective agreement and applicable
legislation and policies any employee found to be demonstrating actions / behaviours
that are not consistent with the terms of this policy will result in an investigation. Any
employee found to be disrespecting the terms of this policy other than under
exceptional circumstances, emergencies or operational requirement is subject to
possible discipline up to and including termination. CAO / Director / Managers /
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supervisors and employees should work collaboratively to resolve issues related to this
policy. Employees can escalate issues to Human Resources where difficulties continue.
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
• 6450-22 Administrative Penalty Bylaw
• 6451-22 Screening and Hearing Officer Bylaw
• 6452-22 Amend 4574-04. T (AMPS)
• AMPS Policy - Appointment of Screening and Hearing Officers
• AMPS Policy - Conflict of Interest and Code of Conduct
• AMPS Policy - Financial Management Policy
• AMPS Policy - Preventing Political Interference
• AMPS Policy - Public Complaints
• Code of Conduct Policy
• Council-Staff Relations Policy
• Record Classification Structure Retention By-law 5815-16
Review Timeline
This policy will be reviewed two years after the initial approval date.