The Town of Hawkesbury is gradually planning to change how it prosecutes and collects municipally issued fines under the Provincial Offences Act (POA). POA offences include violations of municipal bylaws.
The new method is called the Administrative Monetary Penalty System (AMPS). According to a report presented to council by Project Manager Karl Parent on December 11, 2023, AMPS is an alternative to the current method of issuing POA tickets. Currently, when a defendant receives a ticket for a by-law offence, the defendant may request a trial heard by a Justice of the Peace in the Provincial Offences Court. The AMPs system of enforcement transfers by-law disputes from the courtroom to the municipality through the use of screening and hearings officers who are able to modify, cancel, or affirm penalties. The Municipal Act sets out the requirements for municipalities using AMPs. This includes the requirement to appoint screening/hearings officers, and for the municipality to establish policies to prevent political interference, conflicts of interest, financial management, and public complaints. AMPs notices can be issued in person, through registered or regular mail to the individual’s last known address, by email to the individual’s last known email address, and on the vehicle in the case of parking infractions.
Parent said with AMPS, defendants may request a screening rather than waiting up to three months to have the case heard in court. He said a fine could be resolved in 15 days instead. Parent added that it will also increase the amount of revenue from fines the town could recover.
The United Counties of Prescott and Russell (UCPR) is responsible for the POA Court at the UCPR administration building in L’Orignal. Mayor Robert Lefebvre said POA fine revenue returned to the UCPR’s eight municipalities has diminished in recent years. Hawkesbury Treasurer Philippe Timbers confirmed there will be no POA returned to Hawkesbury at all in 2024. In response to a question from Councillor Julie Séguin about the amount of POA revenue received by Hawkesbury in 2023, Timbers said it was $20,000 to $25,000.
Councillor Jeanne Charlebois asked how many by-law enforcement officers the town currently has on staff. Chief Administrative Officer Samuel Cardarelli said there are currently three officers but there are plans to hire two more.
Charlebois said she understands the plan is good for revenue and administrative efficiency but wants to be sure fines are issued and pursued more quickly. As an example, she referred to the demolition of the remains of buildings destroyed by fire.
Cardarelli said all bylaws under the town’s jurisdiction will be examined for enforcement under the AMPS process, but cautioned that in the case of fires, there are additional investigative and regulatory steps mandated by the Solicitor General which must be followed.
Councillor André Chamaillard remarked that the demolition of buildings destroyed by fire also depends on the insurance investigation process.
Séguin said Clarence-Rockland and Cornwall have adopted AMPS. She asked if any other municipalities in Prescott and Russell counties have also adopted the format.
Parent said no others in the UCPR have adopted AMPS but said the Township of North Glengarry is proceeding with the approach.
“I will support this if it will lead to more effective service and profitability for the town,” Charlebois said.
She added a lot of work is necessary but believes it is the best solution.
Séguin said she understands the necessary steps but wants more information to compare with the current system.
Lefebvre said at this stage, the only thing taking place is beginning the process of preparing the change from regular POA enforcement to AMPS.
