Municipal Law: AMPS Overview

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Questions and Answers

What is the primary goal of the Administrative Monetary Penalty System (AMPS)?

To replace all legal proceedings with fines

To promote direct interaction and resolution between citizens and enforcement officers (correct)

To ensure legal representation for all citizens involved

To provide financial compensation to municipalities

Which document established the framework for AMPS?

Municipal Financial Management Act

Canadian Charter of Rights and Freedoms

Provincial Penal Code

Municipal Act, Ontario Regulation 333/07 (correct)

What can be said about the penalty aspect of AMPS?

Penalties are meant to deter municipal law enforcement officers from imposing fines

Penalties are imposed to encourage certain conduct and can include other forms of penalties (correct)

Penalties are solely monetary and cannot include any other type of punishment

Penalties are only applicable to criminal offences

What distinguishes AMPS from traditional legal proceedings?

AMPS minimizes delays and financial demands associated with court cases Signup and view all the answers

Who plays a pivotal role in the decision-making process within AMPS?

The Hearing Officer Signup and view all the answers

What is the purpose of AMPS Hearings?

To speed up the processing of community infractions Signup and view all the answers

Which of the following statements describes a characteristic of Provincial Courts?

They require repeated attendance of OIC (Order in Council). Signup and view all the answers

What are the two levels of infraction objection available to community members?

Screening Officer and Hearing Officer Signup and view all the answers

What is one of the powers authorized to Councils by the Municipal Act?

Establishing by-laws and setting penalties Signup and view all the answers

Why were municipalities dissatisfied with the Provincial Courts?

They experienced delays, poor penalty levels, and lack of attention. Signup and view all the answers

What principle must all decisions made by the Hearings Officer adhere to?

Natural justice Signup and view all the answers

Which of the following courts has the authority to hear applications for appeal from AMPS decisions?

Ontario Superior Division Court Signup and view all the answers

What is the primary focus of AMPS hearings compared to traditional court proceedings?

Flexibility and merits of the matter Signup and view all the answers

What type of environment is created by the Hearing Officer's role?

Less formal quasi-judicial tribunal Signup and view all the answers

Which guiding documents govern the actions of the Hearing Officer?

Statutory Powers Procedures Act and Municipal By-Laws Signup and view all the answers

What happens if a decision by the Hearings Officer is made?

It is final and binding Signup and view all the answers

Which of the following statements about the powers of the Hearing Officer is TRUE?

They can only impose penalties as provided by the by-law. Signup and view all the answers

What is the role of the Council in relation to the Hearing Officer?

To create the guidelines and appoint the Hearing Officer Signup and view all the answers

What is the primary role of a Hearing Officer in a hearing?

To independently review evidence and decide on the penalty. Signup and view all the answers

What standard does the Hearing Officer use to determine if a violation occurred?

Balance of probabilities Signup and view all the answers

Which of the following can be a result of a Hearing Officer's decision?

Confirming the original penalty. Signup and view all the answers

What is one possible outcome for specially designated hearings?

Significant emotional involvement from the community. Signup and view all the answers

What governs the decision-making process in the hearings?

Municipal regulations and the SPPA Signup and view all the answers

What must the Enforcement Officer establish during the hearing?

The facts of the violation Signup and view all the answers

Which aspect is NOT considered in the decision-making process by the Hearing Officer?

The number of violations on record Signup and view all the answers

What can result from a hearing related to dangerous dogs?

Serious restrictions and designations for the animal and owner Signup and view all the answers

What is the primary function of Part 3 in the context provided?

To address serious violations in a more formal manner. Signup and view all the answers

What should not happen simultaneously with AMPS?

Issuing Part 3 notices. Signup and view all the answers

What does Section 9(2) of the SPPA allow a tribunal to do?

Call for peace officer assistance if orders are disobeyed. Signup and view all the answers

What is implied about the knowledge of OIC’s and Supervisors regarding the SPPA?

They may be unaware of specific powers granted by the SPPA. Signup and view all the answers

What is a consequence of failing to comply with a tribunal's order according to the SPPA?

The tribunal may call upon a peace officer for enforcement. Signup and view all the answers

What action should be taken when AMPS fails to communicate effectively with citizens?

Issue Part 3 notices to address the failures. Signup and view all the answers

What is emphasized regarding the use of force in enforcing tribunal orders?

The force must be reasonable and necessary. Signup and view all the answers

What is indicated about issuing penalties at the end of the presentation?

Individuals should be prepared to discuss the outcome. Signup and view all the answers

Study Notes

Administrative (Monetary) Penalty System (AMPS)

Managed by municipalities to address infractions without court involvement.
Serves as a monetary penalty system aimed at discouraging specific conduct through imposed settlements.
Established under the Municipal Act, Ontario Regulation 333/07, and Statutory Powers Procedures Act.

Purpose and Structure

Aims to enhance direct interaction between citizens and municipalities for quicker resolutions.
Replaces traditional court appearances, aiming to alleviate delays and financial burdens on municipalities.
Provides two levels for infractions: Screening Officer (assigned staff) and Hearing Officer (independent).

Hearing Process

Quasi-judicial review assessing evidence against the penalty notice, conducted by an appointed Hearing Officer.
Outcomes include confirming, reducing, or canceling penalties based on findings.
Decisions are final, with limited avenues for appeal, constricted mostly to higher courts.

Standard of Proof

Utilizes the Balance of Probabilities standard, which requires more than mere suspicion for a violation.
Hearing Officers assess whether the evidence presented supports the occurrence of the alleged infraction.
The Enforcement Officer bears the burden to prove the violation.

Specialized Hearings

Address complex matters involving detailed evidence and significant community concerns.
Examples include dangerous dogs and municipal issues like noise, waste, and signs.

Hearing Officer Guidelines

Governed by natural justice principles, ensuring impartiality and fair hearings.
Authority limited to enforcing by-law penalties; no additional punitive financial penalties can be imposed.
Governed by statutory regulations and municipal by-laws to ensure procedure adherence.

Interactions with Provincial Offences Act (POA)

The POA retains relevance for formal prosecution where AMPS is insufficient.
Cannot issue both AMPS and POA Part 3 penalties simultaneously to avoid misuse of power.

Maintenance of Order

The Statutory Powers Procedures Act permits a tribunal to maintain order during hearings, including summoning peace officers when necessary.
Ensures compliance with the hearing process, preserving decorum.

Final Thoughts

AMPS provides a structured approach for municipalities to deal with infractions effectively.
Encourages informed dialogue and decision-making over adversarial court scenarios.
Essential knowledge for conducting hearings and managing community penalties.

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Description

This quiz explores the Administrative (Monetary) Penalty System (AMPS) as it relates to municipal law enforcement in Ontario. Understanding AMPS is crucial for law enforcement officers in managing penalties and discouraging undesirable conduct. Dive into the details of how this system operates and its implications.