Hawkesbury town council has decided it is a fine time to change how it issues, prosecutes, and manages fines for the infraction of municipal bylaws. The town is also looking at the possibility of introducing cameras for traffic enforcement.
On February 12, council adopted a bylaw to implement the Administrative Monetary Penalty System (AMPS) to manage municipal bylaw fines.
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.
With AMPS, defendants may request a screening rather than waiting up to three months to have the case heard in court. Instead, a fine may be resolved in as little as 15 days.
The decision to adopt AMPS comes after years of declining Provincial Offences revenue remitted to the Town of Hawkesbury from the United Counties of Prescott and Russell, which manages the Provincial Offences system. No Provincial Offences revenue is projected for Hawkesbury in 2024.
In a presentation to council on February 12, municipal Project Manager Karl Parent said AMPS improves customer service, saves time and money, increases revenue, and frees up court capacity. AMPS also allows for greater flexibility, control and accommodation of reviews requested by offenders. All fine revenue will go directly into municipal coffers.
The Town of Hawkesbury plans to launch the AMPS program by May 1. During the 2024 budget process, council expressed interest in introducing cameras for speed enforcement. The adoption of AMPS makes this more possible. Councillor Yves Paquette asked if using AMPS would give the town the authority to install cameras for detecting heavy trucks on unauthorized routes.
Chief Administrative Officer Sam Cardarelli said discussions are still required with the provincial government to make truck traffic AMPS eligible.
Cardarelli also emphasized that the Town of Hawkesbury is not considering widespread closed-circuit television (CCTV) cameras for security purposes throughout the town, but only in selected areas to protect municipal assets, for the addition of speed cameras.
Councillor Tony Tsourounakis said he would want to be notified of those additions. Cardarelli said it is required by provincial policy and signage would be placed at locations 90 days in advance of a speed camera being introduced.
Bylaws were also adopted by council on February 12 authorizing the creation of a position of Bylaw Enforcement Manager to oversee bylaw enforcement staff. Previously, the town’s Bylaw Enforcement Department was overseen by the Clerk.
Tsourounakis asked if hiring for the new position will be from within current municipal staff or externally.
“We’re definitely considering people internally, but we will also put forward the external process at the same time,” responded Cardarelli.
On February 12, council also adopted bylaws to allow for the appointment of screening and hearing officers under the AMPS process and to amend the parking bylaw to comply with AMPS.
