What Is an Administrative Penalty System (APS)?
The Administrative Penalty System (APS) is a streamlined, dispute process that replaces the traditional court system for dealing with minor violations of Designated Municipal By-laws covered under the APS By-law. Instead of going through the Provincial Offences Court, APS lets the Municipality resolve these matters directly and more efficiently.
What to Know About the APS Program
- APS is intended to support compliance with designated municipal by-laws through an administrative process managed by the Municipality.
- The initial rollout will apply to select by-laws including Noise, Nuisance, Property Standards, Open-Air Burning, Signs, and Yard and Boulevard Maintenance.
- More serious or ongoing matters may still be addressed through the Provincial Offences Act where appropriate.
The full program will be implemented in mid August of this year. Offences that occur before the implementation date will continue to be addressed through the existing process.
FAQ
Although they may look similar, a Part I ticket, and a Penalty Notice are processed in different ways. Here’s how to tell the difference:
- Part I Ticket: Is an Offence Notice issued under the Provincial Offences Act, which is processed at the Owen Sound Court House.
- Penalty Notice: Is an administrative penalty to the Municipalityissued under the Municipality of Meaford’sDesignated By-laws, which are processed by the Municipality.
With APS, a person who receives a penalty notice will be able to either pay the penalty or request a screening review within the timeframe set out on the Penalty Notice. Instructions on the process will be provided within the Penalty Notice and on the municipal website.
A screening review is the first level of review available under APS. If a person disagrees with a Penalty Notice after the program is implemented, they may request a review by a Screening Officer. The Screening Officer may keep, cancel or reduce the penalty, or extend the time for payment, including any administrative fee(s) based on the information provided and the applicable rules.
If a person disagrees with a Screening Officer’s decision, they may be able to request a hearing review by a Hearing Officer. A Hearing Officer may keep, cancel or reduce the penalty, or extend the time for payment, including any administrative fee(s) based on the information provided and the applicable rules.
The Hearing Officeris not required to make the same decision as the Screening Officer.
If the Hearing Officer agrees with the screening officer’s decision, you will be required to pay an additional‘hearing decision upheld’ fee added to your total amount due.
If you do not attend your hearing review, you will be charged a “non-appearance’ fee.
A Hearing Officer’s decision is final.
No. APS eliminates the need for court appearances for designated minor by-law offences.
Yes. APS allows for escalating penalties for repeat violations to encourage compliance.
No. The court system will still be used for serious offences or situations involving persistent non-compliance.