PUSLINCH – Councillors here have learned it’s complicated to switch from the provincial offences system (POA) to an administrative monetary penalty system (AMPS), but they remain convinced the effort will be worth the savings in both time and money.
Interim CAO Courtenay Hoytfox brought council up to speed on March 26 on the process and what is expected to happen between now and April 16, when staff hopes new bylaws can be passed.
Currently when someone breaks a bylaw and is issued a ticket, it is under the POA system.
That means going to court to fight the ticket – a process that is lengthy, costly, inflexible and requires the township’s lawyer, bylaw officer, and clerk staff to attend court.
With AMPS, there is no court and appeals are heard by a screening officer employed by the township.
If that process fails, a hearing officer who is not a township employee will hear the facts and make a final decision.
The benefits of the AMPS system are many, Hoytfox explained.
The process is more efficient and faster than POA, reduces legal costs for both parties and takes less staff time for outcomes that are usually beneficial to both parties, she said.
Bylaw officers start with education and issuing warnings before actual fines are levelled and the AMPS system is less intimidating for the public to navigate on their own, for both paying and protesting a ticket, she added.
Hearing officers can waive fees, partially waive fees, and schedule meetings on evenings and weekends, virtual or in person – something the court system could never do, she added.
But the hearing officer’s ruling is final.
Hoytfox said Woolwich Township has some retired staff members who are willing to be hearing officers if and when the need arises.
The township would still have the option of going through the POA system for more egregious infractions, but the AMPS system is useful in non-criminal cases, Hoytfox said.
The province has gradually been introducing bills to allow municipalities to utilize AMPS – initially for parking tickets but now for most bylaw infractions.
For all this to come into play, the township must establish an AMPS bylaw and delegate authority to the clerk to appoint hearing and screening officers.
Various policies must be changed or established, and other bylaws will need to be updated to allow for AMPS.
The township will also need a special agreement with the Ministry of Transportation and to set specific technology policies to ensure vehicle ownership information is secure when that information is required for ticketing.
She said with a second bylaw officer joining the township mid-year, she thinks most of the work can be done in-house.
Council wanted to know how many screenings or hearings the township anticipates.
“That’s hard to determine,” Hoytfox said, adding that in another municipality that already has the AMPS system, 400 parking tickets were issued in six weeks and only one went to a hearing officer.
“Most people paid the ticket, or it was resolved with the screening officer,” she said.
The township would have to partner with the OPP to use AMPS for speeding tickets.
“Most municipalities are partnering,” she added.
Council received the report for information.
Staff will continue updating appropriate bylaws and policies and return to council on April 16 with the hope and intention that council will pass the resolution and the township can shift over to the new system, with an implementation date of July.
