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City prepares for Parking Administrative Penalty System

Dec 11, 2013

Today, Council enacted a series of new bylaws to prepare for the new parking administrative penalty system (APS) coming into effect in 2014.

"An APS offers a more efficient process and moves disputes over parking tickets from the courtroom to the municipality as an administrative process providing a more local and accessible system," said Mickey Frost, director of Enforcement.  "An APS uses screening and hearing officers to review administrative penalties and these positions are established through a bylaw."

Frost explained these bylaws are to prepare for the new system coming in 2014. An APS is a process where penalty notices are issued, managed and reviewed replacing the system under the Provincial Offences Act for tickets.  

“Hearing officers are independent third parties who impartially conduct hearings in the public interest,” said Frost. “These positions are appointed by Council for a two year term.  Hearing officers are bound by the Statutory Powers and Procedures Act R.S.O. 1990, c. S .22 and the general common law principles of procedural fairness and natural justice.”

Screening and hearing officers are appointed by Council on the recommendation of the City Clerk and the City Solicitor. Council members and their relatives, City employees (in the case of hearing officers), and persons indebted to the City (beyond property taxes) are not eligible for appointment.  “This is to ensure impartial decision making” said Frost.   The bylaw that establishes the positions of screening and hearing officers includes a provision that no person shall try to influence the decision of a screening officer or a hearing officer.  Persons who do so may be subject to penalties under the Provincial Offences Act, R.S.O. 1990, c. and or the Municipal Act, 2001.

For more information read the Corporate Report: By-laws to Establish a System of Administrative Penalties for the City of Mississauga
 

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. 
News Release July 3, 2013
City of Mississauga to use Administrative Penalty System for parking and licensing offences

APS Process
A penalty notice is issued by an Enforcement officer for a parking bylaw violation.  The owner of the vehicle is liable to pay the administrative penalty set out in the Penalty Notice.  Enforcement officers are not permitted to accept payment of an administrative penalty. 

Penalty Notice Options
1. Pay the penalty notice: Options include by phone, online, in person at a selection of locations or by mail.

2. Request a review of the administrative penalty by a screening officer who may cancel, affirm or extend time for payment or vary the amount of the penalty.

If the owner is not satisfied with the decision of the screening officer, they may request a review of the screening officer’s decision by a hearing officer.

The hearing officer may uphold, vary or cancel the decision of the screening officer.

The decision of the hearing officer is final.

Failure to Respond to Penalty Notices

If the owner doesn’t respond or take action by the due date set out on the penalty notice the City assumes the owner agrees with the penalty and the owner will be required to pay the administrative penalty and administrative fees. A notice of default will be sent to the Ontario Registrar of Motor Vehicles and renewal of existing or the issuance of new vehicle licence permits will be denied.

As Canada's sixth largest city, Mississauga is home to 741,000 residents and more than 54,000 businesses, including more than 60 Fortune 500 companies with Canadian head offices or major divisional head offices. A diverse, progressive and award-winning municipality located on the shores of Lake Ontario in the heart of the Greater Toronto Area, Mississauga is "Leading Today for Tomorrow" by focusing on delivering services, implementing its Strategic Plan, delivering value for money and maintaining infrastructure. 
 
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Media Contact:
Catherine Monast
Senior Communications Advisor
Transportation and Works
City of Mississauga
905-615-3200 ext. 5046
catherine.monast@mississauga.ca
TTY: 905-896-5151






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