Loading...
POLICY - AMPS Financial Management - 20230410 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Administrative Monetary Penalties System - Financial Management and Reporting Bylaw Services Contact: Manager of Bylaw Services, Corporate Services Approval Authority: CAO Effective : April 10, 2023 Revised: April 10, 2023 ______________________________________________________________________________________ Purpose Ontario Regulation 333/07 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have a policy to address financial management and reporting of AMPS. The purpose of this Policy is to provide a Policy regarding financial management and the reporting and tracking of administrative penalties and fees. This Policy affirms that the Town of Aurora’s AMPS shall follow the existing corporate policies and procedures related to financial management and reporting. Scope This Policy applies to all financial management and reporting responsibilities and accountabilities regarding AMPS. All persons responsible for administering the AMPS program, as well as Screening Officers and Hearing Officers, shall comply with this Policy. The Town of Aurora has established several financial management policies and procedures which, along with proactive financial planning processes, provide a framework for the Town’s overall fiscal planning and management. The Town continues to display financial accountability through regular, thorough, and transparent financial performance reporting , analysis and auditing. This will be reflected in routine reporting on AMPS financial results, as well as efficiency and effectiveness measures of the AMPS programs and services. Definitions Administrative Fee Any fee specified in the Administrative Penalty By-law 6450-22; Administrative Penalty 2 An administrative penalty imposed for contravention of a Designated By-law, in accordance with the Parking Administrative Penalty By-law 6450-22; Administrative Penalty By-law The by-law 6450-22 passed by the Town of Aurora to establish administrative penalties for parking, as amended from time to time, or any successor thereof; AMPS Administrative Monetary Penalty System; By-law Services The By-law Services Division of Corporate Service for the Town of Aurora, or any successor thereof; Director The Director of Corporate Services for the Town of Aurora, or anyone designated by the Director to perform their duties relating to AMPS; 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 6451-22, to perform the functions of a Hearing Officer in accordance with the Screening and Hearing Officer By-law and 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 6450- 22; Person Includes an individual or a corporation; Screening and Hearing Officer By-law 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 and 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 6451-22, to performs the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law and the Administrative Penalty By-law; 3 Town The Corporation of the Town of Aurora. Policy General Financial Management and Reporting Preparation of the Town’s budget revolves around priority setting that reflects the Town’s Strategic Plan, Council priorities, service delivery objectives and standards and historical financial performance, all balanced with the need for prudent financial management. Priority setting and budgeting with respect to AMPS shall be the responsibility of Bylaw Services. Payment of a Penalty Notice Any person issuing a Penalty Notice for an infraction of a designated By-law is not permitted to accept payment for an Administrative Penalty. Hearing Officers are prohibited from directly accepting any payment from any Person in respect of a Penalty Notice. Town of Aurora employees shall ensure compliance with corporate and/or departmental cash/payment handling procedures for financial stewardship in accordance with the Town of Aurora’s Payments and Receipting Policy. Methods of Payment Following the issuance of a Penalty Notice, the Person is permitted to make a voluntary payment by using one of the following methods: • Online (subject to a nominal processing fee) • In person during regular business hours of Monday – Friday, 8:30 AM – 4:30 PM at: o Town Hall – 100 John West Way, Aurora, ON o Joint Operation Centre – 229 Industrial Pkwy N, Aurora, ON o Additional future locations as identified by the Town • In person outside of regular business hours by cheque made payable to Town of Aurora placed in the treasury drop box and will be received next business day, receipt will not be provided for this method • By mail using cheque for money order made payable to the Town of Aurora o The penalty Notice number must be written on the front of the cheque /money order and the cheque/money order shall be made payable to the Town of Aurora o Mailed to: Town of Aurora 100 John West Way, Aurora, ON L4G 6M7 Payment is not considered made until received by the Town of Aurora. Persons must allow sufficient mailing time for payments and should not send cash by mail. Post- 4 dated cheques or payment by installations (unless otherwise agreed by the Director) are not accepted. A fee will be applied for any Non-Sufficient Funds, cancelled, or reversed payment, in accordance with the Town’s Fees and Charges By-law Number 6293-20, as amended. Processing Payments Payments will be processed as follows: • Online o The Person enters their Penalty Notice and related information into the system and makes a payment with their credit card information. Once the transaction is processed and approved, the Person may print a receipt of payment as proof of payment for their records. • In Person o Apply the appropriate method of payment to the Penalty Notice. The Person is provided with a receipt of payment for their records • By Mail o Apply the cheque or money order payment to the Penalty Notice. A receipt is not provided when using this method of payment. Upon receipt of a Penalty Notice payment, a Town of Aurora employee will apply the payment to a specific Penalty Notice in the GTECHNA parking management system. Unless otherwise agreed by the Director partial payments will not be accepted. The Penalty Notice will reflect “paid” status. A Person’s credit card information is not kept by the Town’s system, in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Refund of Payment If a Person has paid any Administrative Fee in respect of a Penalty Notice, and the Administrative Fee or part thereof is later cancelled or reduced by a Screening Officer or Hearing Officer, the Town shall refund the Administrative Fee or part thereof cancelled or reduced to the Person. The processing of refund requests shall be initiated by the Bylaw Services Division. Administrative Fees Various Administrative Fees may be payable by a Person with a Penalty Notice as set out in the Administrative Penalty By-law. Where applicable, such fees shall be paid in addition to the Administrative Penalty. Responsibilities By-law Services Through the process of current and capital financial management and reporting for AMPS, Bylaw Services shall: 5 • review and monitor current year actual, budgeted and projected financial performance and operating results; • proactively compare program financial activity with past performance to identify trends, issues and opportunities; • determine priorities for maintaining and improving AMPS program services levels; • review and develop long-term plans for AMPS including a multi-year operating and capital budget analysis and projections; • identify and mitigate factors impacting the AMPS budget and financial performance, such as inflation, fixed costs and legislative requirements that are beyond the control of Town of Aurora decision-makers; • comply with all corporate reporting standards and requirements as part of the Town’s financial ma nagement and reporting processes; • ensure all necessary financial signing authorities are updated and followed by all staff involved in AMPS administration; and • comply with all Town procurement policies and procedures regarding AMPS 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 / 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 6 • AMPS Policy - Undue Hardship • Town of Aurora Employee Code of Conduct • Council-Staff Relations Policy • Payments and Receipting Policy Review Timeline This policy will be reviewed two years after the initial approval date.