Penalty Order Appeals | Town of Shelburne

Penalty Orders issued under Essa's Automated Speed Enforcement Program do not proceed through the court system. Rather the Township of Essa has complemented its ASE Program utilizing the provincial Administrative Penalty System which is permitted under O. Regulation 355/22. Under the regulation, an Administrative Penalty System allows for the appeal of a Penalty Order imposed as the result of a contravention of section 128 of the Highway Traffic Act detected utilizing automated speed enforcement cameras to be commenced within 30 days after the date on which service of the order is deemed to have been effected.

Upon conclusion of the review, the Screening and/or Hearing Officers have the authority to:

Confirm the Penalty Order
Vary the Penalty Order
Cancel the Penalty Order

In accordance with ss.14(3), the decision of the Hearing Officer is final.

Please be advised that the Township of Essa promotes a respectful work environment. Any aggressive, course or inappropriate language will not be tolerated, and may be considered contempt under the Statutory Powers and Procedures Act section 13 (1).

What to Expect

Please be advised that all screening and/or hearing reviews are conducted virtually through the Microsoft Teams platform. An exception can be made to allow for the meeting to occur via phone, however the attendee must open the meeting link to obtain the phone number to call into.

Administrative Penalty System (APS)

Penalty Orders issued under Shelburne's ASE Program do not proceed through the traditional court system. Rather the Town of Shelburne has complemented its ASE Program utilizing the provincial Administrative Penalty System ("APS") which is permitted under O. Regulation 355/22. All reviews are conducted virtually through the Microsoft Teams platform.

Essa APS By-law

Under the APS regime, registered owners are permitted to appeal their Penalty Order within 30 days after the date on which service of the order is deemed to have been effected.

ASE AP Review Guideline

There are 2 stages to an appeal of your Penalty Order.

Stage 1 - Request Review of Penalty Order by Screening Officer

Stage 2 - Request Review of Screening Officer's Decision by Hearing Officer

As the Screening and Hearing Officers are conducting reviews prior to your appointment, it is essential that you are in the virtual meeting room for the entirety of your scheduled appointment.

If you have not connected with the Screening or Hearing Officer, and decide to leave the meeting room early, you may be subject to a "No Show" fee of $60.00, without having the ability to re-book your appointment.

Please Note:

Witnesses are not permitted to be in attendance at the screening/hearing appointment in accordance with O. Regulation 355/22.
If an interpreter is required, it is the responsibility of the person attending the meeting to provide.
Screenings and Hearings are conducted in the English language only.

Supplementary Documentation Required to be Submitted PRIOR to review

All supplementary documentation to support your claim is required to be submitted, at minimum, 7 days PRIOR to your scheduled review date.

The onus is on the registered owner of the vehicle to provide credible evidence.

Failure to submit the supplementary documentation prior to your screening/hearing review may result in your Penalty Order being affirmed.

If you are claiming that payment of your Penalty Order will result in undue financial hardship, then you are required to submit the following documents for consideration by the Screening and/or Hearing Officer:

a written explanation of the reasons for your request,

and

supporting evidence such as financial statements or other relevant documents.

Samples of supporting evidence:

copy of your Canada Revenue Agency Notice of Tax Assessment for the last full calendar year;

and

Proof of receipt of any income supplement and the amount of such supplement, including Old Age Security, Canada Pension and other pension information; Guaranteed Income Supplement; Disability Pension; Ontario Student Assistance Program; any child and/or spousal support orders.

If you are claiming that your vehicle and/or plates were stolen, then you are required to submit the following for consideration by the Screening and/or Hearing Officers:

a written explanation of the reasons for your request,

and

a copy of the Police Incident Report

If you are claiming that you had a medical emergency which resulted in you receiving a Penalty Order, then you are required to submit the following:

a written explanation of the reasons for your request,

and

evidence to support that an ambulance was unavailable at the time of your emergency.

If somebody other than the registered owner will be attending either Stage 1 or 2 of the appeal, the registered owner is required to submit the following form 7 days PRIOR to their scheduled appointment:

Authorization to Act as Agent Form