Administrative Penalty System

The Administrative Penalty System

The City of Mississauga is using a new process for the enforcement of most of the City’s parking by-law violations including accessible parking offences and violations of animal, mobile and business licensing requirements.

The Municipal Act, 2001 allows municipalities to use an Administrative Penalties System (APS) for by-law violations relating to parking and licensing An Administrative Penalty System (APS) is a more efficient way for municipalities to enforce parking and licensing by-laws. Penalty notices similar to a parking ticket will be issued by enforcement officers for by-law violations with the process administered by the City.

An APS is an objective, fair and efficient process where penalty notices are issued, managed and reviewed by Screening Officers. The decision of a Screening Officer can also be reviewed by a Hearing Officer as an independent and impartial third party.

For parking by-law violations a penalty notice is issued and the owner of the vehicle is responsible for paying the administrative penalty to the City.

A person who does not get a required license or does not follow licensing requirements may also be issued a penalty notice. 

The City may also charge administrative fees including fees for late payments and failure to appear for screening and hearings. 

The administrative penalty and fee amounts for parking contraventions are set out in City of Mississauga By-law 0282-2013 being a By-law to establish a system of administrative penalties respecting the standing, stopping or parking of vehicles in the City of Mississauga.

The administrative penalty and fee amounts for licensing contraventions are set out in City of Mississauga By-law 0135-2014 being a By-law to establish a system of administrative penalties respecting licensing in the City of Mississauga.

Types of Penalty Notices

There are two types of parking penalty notices that the City issues:

  1. APS Computer version (click for example)
  2. APS Handwritten version (click for example)

Please Note: Tickets issued at Toronto Pearson International Airport will continue to be issued under the Provincial Offences Act (POA) and managed through the Provincial Offences Court. These POA tickets are called Parking Infraction Notices.

A penalty notice issued for failing to license a dog or cat will have a ticket number starting with "A" (click for example).

A penalty notice issued for failing to comply with mobile licensing requirements will have a ticket number starting with "V" (click for example).

Administrative Penalty System Process

Penalty notices are issued by a Municipal Law Enforcement Officer for a violation of a designated parking by-law provision or a designated licensing provision contained in a by-law.

Penalty Notice Options

  1. Pay the penalty notice within 15 days: online, phone, mail, in person or at a selection of locations as noted on the back of the Penalty Notice.
  2. Request a review of the administrative penalty by a Screening Officer (see instructions of the back of the Penalty Notice).
  3. If a person is not satisfied with the decision of the Screening Officer, they may request a review of the decision by a Hearing Officer. The decision of the Hearing Officer is final.

Screening and Hearing Officers

A person who receives a penalty notice may request a review of the administrative penalty by a Screening Officer.

Screening Officers are employed by the City and are appointed by City Council on the recommendation of the City Clerk and the City Solicitor.  To ensure impartial decision making City Council members and their relatives and persons indebted to the City (beyond property taxes) are not eligible for a Screening Officer appointment.  In addition Screening Officers are bound by the City’s Conflict of Interest Guidelines.

If a person is not satisfied with the decision of the Screening Officer they may request a review of the decision by a Hearing Officer. The decision of the Hearing Officer is final.

Hearing Officers are also appointed by City Council on the recommendation of the City Clerk and City Solicitor. Like the Screening Officer positions, City Council members and their relatives and persons indebted to the City are not eligible for appointment. In addition, employees of the City or not eligible for a Hearing Officer appointment. The Hearing Officers are also bound by the City's Conflict of Interest Guidelines, the Statutory Powers and Procedures Act and the general common law principles of procedural fairness and natural justice. Hearing Officers are independent third parties who impartially conduct hearings in the public interest.

Failure to Respond to Penalty Notices

If a person fails to respond with either of the above options by the due date, the person will be deemed to waive their right to a review of the administrative penalty and may be required to pay additional administrative fees.

For parking penalty notices, if the administrative penalty and fees remain unpaid, a notice of default will be sent to the Ontario Registrar of Motor Vehicles which will deny the renewal of existing vehicle license permits, or the issuance of new permits.

Outstanding payments for penalty notices related to licensing may result in the revocation, denial or suspension of your license and will proceed to a Collection Agency. 

Please Note: Tickets issued at Toronto Pearson International Airport and accessible parking offences will continue to be managed through the Provincial Offences Court.

Provincial Offences Act - Current System

Many by-laws will continue to be enforced through the current system under the Provincial Offences Act.

If a person contravenes a City of Mississauga by-law issued under provincial authority or a provision set out in provincial legislation such as the Building Code ActFire Protection and Prevention Act and Planning Act  that person may be charged with committing an offence and any dispute with respect to that charge is addressed in the Provincial Offences Court.  The Provincial Offences Act governs the procedure for the prosecution of these provincial offences.  Contraventions of most parking by-law provisions have moved  to the City’s Administrative Penalties System (APS).  The contravention of pet  licensing by-law provisions moves to the City’s APS in February 2015.  Contraventions of other licensing requirements will be included in the City's APS at a later date.

Please Note: Tickets issued at Toronto Pearson International Airport and accessible parking offences will continue to be managed through the Provincial Offences Court.


 

APS Timeline

If the recipient of the penalty notice doesn't respond or take action by the due date on the penalty notice, the City assumes the owner or contravenor agrees with the penalty and the owner or contravenor will be required to pay the administrative penalty and administrative fees if applicable.

For example: a penalty notice has been issued on June 1 and the administrative penalty in the notice is $100.00:

Paid within 15 days

The payment due to the City is $100.00 if paid by June 15th (due date).

Late payment more than 15 days after due date

For parking penalty notices the payment due to the City is $135.00 if paid after June 30th ($100.00 administrative penalty + $10.00 Ministry of Transportation Ontario search fee + $25.00 late fee).

For licensing penalty notices the payment due to the City is $125.00 if paid after June 30th ($100.00 administrative penalty + $25.00 late fee).

Late payment more than 30 days after due date

Please note that for parking penalty notices if the payment remains unpaid after one (1) month of the due date a notice of default will be sent to the Ontario Registrar of Motor Vehicles and renewal of existing or issuance of new vehicle license permits will be denied. In addition, a plate denial fee of $20.00 is applied.

All fees applied by the City are set out in the Administrative Penalty By-law 0282-2013 and Licensing Administrative By-law 0135-2014.


 

Frequently Asked Questions

What is an APS +

Why did the City move to an APS? +

What is the APS Process? +

When will the new system for parking notices begin and what happens with old tickets? +

Is the new system just for parking violations? +

Is there a cost to request a screening or hearing? +

What are Screening and Hearing Officers and how are they impartial? +

What if I don't respond to a penalty notice? +

What about parking tickets at the airport and for accessible parking offences? +

I received my Penalty Notice in the mail. Is that allowed? +


Background:

The City of Mississauga will be using an Administrative Penalties System (APS) in 2014 to issue, manage and review penalty notices for most parking bylaw contraventions.


Corporate Report May 20, 2015 By-Laws to Establish a System of Administrative Penalties Respecting Mobile Licensing for the City of Mississauga
 Corporate Report May 13, 2014 By-laws to Establish a System of Administrative Penalties Respecting Licensing for the City of Mississauga
News Release December 11, 2013 City prepares for Parking Administrative Penalty System
Corporate Report August 27, 2013 Recruitment of Hearing Officers for Administrative Penalty System
News Release July 3, 2013 City of Mississauga to use Administrative Penalty System for parking and licensing offences
Corporate Report June 10, 2013 Administrative Penalty System for Licensing and Parking Offences and Single Source Contract award to ParkSmart Inc. for Parking Enforcement and Administrative Penalty System Solution (File Ref: F.A.49.171-13) Supplementary Report

 

 
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