O. Reg. 355/22: ADMINISTRATIVE PENALTIES FOR CONTRAVENTIONS DETECTED USING CAMERA SYSTEMS

Highway Traffic Act

ONTARIO REGULATION 355/22

ADMINISTRATIVE PENALTIES FOR CONTRAVENTIONS DETECTED USING CAMERA SYSTEMS

Historical version for the period April 19, 2022 to June 30, 2022.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on July 1, 2022, the day section 9 of Schedule 2 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Definitions

1. In this Regulation,

“contravention” means a contravention of or a failure to comply with a provision prescribed under section 2; (“contravention”)

“hearing officer” means a person mentioned in subsection 10 (3); (“agent enquêteur”)

“owner”, in relation to a motor vehicle, means,

(a) the holder of the permit for the motor vehicle, or

(b) if the motor vehicle permit consists of a vehicle portion and plate portion and different persons are named on each portion, the person whose name appears on the plate portion; (“propriétaire”)

“penalty order” means an order made under subsection 21.1 (2) of the Act; (“ordonnance de pénalité”)

“screening officer” means a person mentioned in subsection 10 (2); (“agent d’examen”)

“victims’ justice fund account” means the victims’ justice fund account continued under subsection 5 (1) of the Victims’ Bill of Rights, 1995. (“compte du fonds de la justice pour les victimes”)

Contraventions

Prescribed contraventions

2. Subject to section 3, the following provisions of the Act are prescribed for the purposes of subsection 21.1 (2) of the Act:

1. Subsection 128 (1).

2. Subsection 144 (18).

3. Subsection 166 (1).

4. Subsections 175 (11.1) and (12.1).

Limitations, evidence

3. (1) A penalty order shall not be imposed for a contravention of subsection 128 (1) of the Act unless the evidence obtained in respect of the contravention is obtained through the use of an automated speed enforcement system under Part XIV.1 of the Act.

(2) A penalty order shall not be imposed for a contravention of subsection 144 (18) of the Act unless the evidence obtained in respect of the contravention is obtained through the use of a red light camera system under Part XIV.2 of the Act.

(3) A penalty order shall not be imposed for a contravention of subsection 166 (1) of the Act unless the evidence obtained in respect of the contravention is obtained through the use of an automated street car enforcement system under Part XIV.4 of the Act.

(4) A penalty order shall not be imposed for a contravention of subsection 175 (11.1) or (12.1) of the Act unless the evidence obtained in respect of the contravention is obtained through the use of an automated school bus camera system under Part XIV.3 of the Act.

Imposing an Administrative Penalty

Persons authorized to impose administrative penalty

4. A person is prescribed as an authorized person for the purposes of subsection 21.1 (2) of the Act if they meet the following criteria:

1. The person is employed by a municipality.

2. The person has been designated as a provincial offences officer by the Minister of Transportation under subsection 1 (3) of the Provincial Offences Act for the purposes of all or any class of offences set out in one or more of the following Parts of the Highway Traffic Act:

i. Part XIV.1.

ii. Part XIV.2.

iii. Part XIV.3.

iv. Part XIV.4.

3. The designation mentioned in paragraph 2 authorizes the person to issue a certificate of offence under subsection 3 (2) of the Provincial Offences Act for a contravention of a provision prescribed under section 2 of this Regulation.

Persons on whom penalty may be imposed

5. (1) Persons who own a motor vehicle are prescribed as the class of persons for the purposes of subsection 21.1 (3) of the Act.

(2) For greater certainty, if a penalty order is imposed in respect of a motor vehicle involved in a contravention of a provision mentioned in section 2, the penalty order shall be imposed on the owner of the motor vehicle whether or not the owner was the driver of the vehicle.

Amount

6. (1) The amount of the administrative penalty shall be the sum of the following amounts:

1. In respect of a contravention of subsection 128 (1) of the Act, the amount determined in accordance with the following formula,

A × B

in which,

“A” is the number of kilometres per hour by which the person driving the motor vehicle exceeds the speed limit set out in subsection 128 (1) of the Act, and

“B” is the penalty rate set out in Column 2 of Table 1 that is opposite the value of “A” described in Column 1 of Table 1.

2. In respect of a contravention of subsection 144 (18) of the Act,

i. $260, if the contravention did not occur in a community safety zone, or

ii. $400, if the contravention occurred in a community safety zone.

3. In respect of a contravention of subsection 166 (1) of the Act,

i. $85, if the contravention did not occur in a community safety zone, or

ii. $150, if the contravention occurred in a community safety zone.

4. In respect of a contravention of subsection 175 (11.1) or (12.1) of the Act, $400.

5. $8.25, to reflect costs incurred by the authorized person to access the name and most recent address of the person who is subject to the penalty order.

6. The amount determined under subsections (2) to (5) as applicable, to be credited to the victims’ justice fund account in accordance with section 19.

(2) For a contravention of subsection 128 (1) of the Act, the amount mentioned in paragraph 6 of subsection (1) is,

(a) if the amount determined under paragraph 1 of subsection (1) is $1000 or less, the amount set out in Column 2 of Table 2 that is opposite the amount determined under paragraph 1 of subsection (1) described in Column 1 of Table 2; or

(b) if the amount determined under paragraph 1 of subsection (1) is greater than $1000, the amount that is 25 per cent of that amount.

(3) For a contravention of subsection 144 (18) of the Act, the amount mentioned in paragraph 6 of subsection (1) is,

(a) $60, if the contravention did not occur in a community safety zone; or

(b) $85, if the contravention occurred in a community safety zone.

(4) For a contravention of subsection 166 (1) of the Act, the amount mentioned in paragraph 6 of subsection (1) is,

(a) $20, if the contravention did not occur in a community safety zone; or

(b) $25, if the contravention occurred in a community safety zone.

(5) For a contravention of subsection 175 (11.1) or (12.1) of the Act, the amount mentioned in paragraph 6 of subsection (1) is $85.

Table 1

Item	Column 1 Kilometres per hour over the maximum speed limit	Column 2 Penalty rate in community safety zone or school zone
1.	1 to 19 kilometres per hour over the maximum speed limit	$5.00 per kilometre
2.	20 to 29 kilometres per hour over the maximum speed limit	$7.50 per kilometre
3.	30 to 49 kilometres per hour over the maximum speed limit	$12.00 per kilometre
4.	50 kilometres per hour or more over the maximum speed limit	$19.50 per kilometre

 

Table 2

Item	Column 1 Amount determined under paragraph 1 of subsection (1) of this section	Column 2 Amount mentioned in paragraph 6 of subsection (1) of this section
1.	$0 - $50	$10
2.	$51 - $75	$15
3.	$76 - $100	$20
4.	$101 - $150	$25
5.	$151 - $200	$35
6.	$201 - $250	$50
7.	$251 - $300	$60
8.	$301 - $350	$75
9.	$351 - $400	$85
10.	$401 - $450	$95
11.	$451 - $500	$110
12.	$501 - $1000	$125

 

Penalty order

7. (1) A penalty order shall include the following information:

1. A unique file number.

2. The provision contravened.

3. The date and location of the contravention.

4. An identification of the motor vehicle that is involved in the contravention.

5. The amount of the administrative penalty determined under section 6.

6. A statement that the owner of the motor vehicle must, no later than 30 days after the day the order is served on them, pay the administrative penalty unless they commence an appeal in accordance with this Regulation.

7. A statement that the owner of the motor vehicle may, no later than 30 days after the day the order is served on them, commence an appeal in accordance with this Regulation.

8. Information regarding the appeal process including the manner in which to commence an appeal.

(2) For the purposes of paragraph 4 of subsection (1), a copy of a photograph or image of the motor vehicle involved in the contravention may be included in the penalty order.

(3) The penalty order may include statements by the authorized person that are certified to be true in respect of the contravention or in respect of the service of the penalty order.

(4) The penalty order shall be in the form specified by the municipality that employs the authorized person.

Time limit on imposition of administrative penalty

8. The time period prescribed for the purpose of subsection 21.1 (5) of the Act is the period that ends 23 days after the day on which the contravention occurred.

Service

9. (1) A penalty order may be served on the person who is subject to the order by sending the order by mail or by courier to the most recent address that appears on the Ministry’s records in respect of the holder of the plate portion of the permit for the motor vehicle involved in the contravention.

(2) If the authorized person who imposed the penalty order believes that the person who is subject to the order resides outside Ontario or, in the case of a corporation, has its principal place of business outside Ontario, the penalty order may be served on the person by sending the order by mail or by courier to the address outside Ontario at which the authorized person believes the person resides or has its principal place of business.

(3) The address mentioned in subsection (2) may be determined from a document obtained from the government of any province or territory of Canada or from the government of a state of the United States of America, or from a person or entity authorized by any such government to keep records of vehicle permits, number plates or other evidence of vehicle ownership in that jurisdiction.

(4) Service of a penalty order mailed or couriered in accordance with this section is deemed to be effected on the seventh day following the day on which it was mailed or couriered.

Appeals

Decision-maker

10. (1) In this section,

“municipality” means the municipality in which the contravention that is the subject of a penalty order occurred.

(2) The following persons are prescribed for the purposes of subsection 21.1 (7) of the Act in respect of the stages of an appeal described in paragraphs 1 to 3 of subsection 11 (1) of this Regulation:

1. A screening officer employed by the municipality to review administrative penalties described in section 2 of Ontario Regulation 611/06 (Administrative Penalties) made under the City of Toronto Act, 2006.

2. A screening officer employed by the municipality to review administrative penalties described in section 2 of Ontario Regulation 333/07 (Administrative Penalties) made under the Municipal Act, 2001.

3. A screening officer employed by the municipality to review penalty orders.

(3) The following persons are prescribed for the purposes of subsection 21.1 (7) of the Act in respect of the stages of an appeal described in paragraphs 4 to 7 of subsection 11 (1) of this Regulation:

1. A hearing officer appointed by the municipality to review administrative penalties described in section 2 of Ontario Regulation 611/06 (Administrative Penalties) made under the City of Toronto Act, 2006.

2. A hearing officer appointed by the municipality to review administrative penalties described in section 2 of Ontario Regulation 333/07 (Administrative Penalties) made under the Municipal Act, 2001.

3. A hearing officer appointed by the municipality to review penalty orders.

Process — screening and review

11. (1) An appeal of a penalty order under subsection 21.1 (7) of the Act shall be commenced within 30 days after the date on which service of the order is deemed to have been effected under subsection 9 (4) and shall be conducted as follows:

1. A person who is subject to a penalty order may commence the first stage of an appeal by requesting, in the manner set out in the order, a review of the penalty order by a screening officer.

2. The screening officer may confirm, vary or set aside the penalty order and shall do so as soon as practical after the review is complete.

3. The screening officer shall send a copy of the decision to the appellant by mail, courier or electronic means as soon as practical after the decision is made.

4. An appellant may commence the second stage of an appeal by requesting a review of the screening officer’s decision by a hearing officer.

5. A request under paragraph 4 shall be made within 30 days after the date of the decision of the screening officer.

6. The hearing officer may confirm, vary or set aside the decision of the screening officer and shall do so as soon as practical after the review is complete.

7. The hearing officer shall send a copy of the decision to the appellant by mail, courier or electronic means as soon as practical after the decision is made.

(2) If a screening officer considers it fair and appropriate in the circumstances, the officer may extend the 30-day period to commence an appeal and the extension may be made even after the 30-day period has expired.

(3) If a hearing officer considers it fair and appropriate in the circumstances, the officer may extend the 30-day period mentioned in paragraph 5 of subsection (1) to request a review and the extension may be made even after the 30-day period has expired.

Conduct of an appeal

12. (1) A screening officer or hearing officer shall determine whether the stage of the appeal for which they are responsible is to be conducted orally, electronically or in writing and shall ensure that the appellant is informed of the determination.

(2) If a date and time is set for an appellant to make submissions in respect of any stage of an appeal, the appellant shall attend at the set date and time.

(3) A screening officer or hearing officer, as the case may be, shall not decide whether to confirm, vary or set aside a penalty order unless the appellant has been given an opportunity to make submissions in the same manner in which the appeal is to be conducted.

(4) A hearing officer shall not decide whether to confirm, vary or set aside a penalty order unless a representative of the municipality in which the contravention that is the subject of a penalty order occurred has been given an opportunity to make submissions in the same manner in which the appeal is to be conducted.

(5) No witnesses shall be called in an appeal.

Determination of an appeal

13. (1) In deciding whether to confirm, vary or set aside a penalty order, a screening officer shall determine whether it was reasonable for the authorized person to impose the penalty order.

(2) In deciding whether to confirm, vary or set aside a penalty order, a hearing officer shall determine whether the decision of the screening officer was reasonable.

(3) In making a determination mentioned in subsection (1) or (2), the screening officer or hearing officer, as the case may be, may consider the following information, if available:

1. Photographs or images taken by the camera system or enforcement system, as applicable.

2. Statements, including certified statements, made by the authorized person who imposed the penalty order.

3. Documents, including certified documents, setting out the name and address of the person who is subject to the order, a description of the permit and the number plate of the motor vehicle.

4. Statements by the appellant made either in writing or in the manner in which the appeal is conducted.

5. Statements by or on behalf of the municipality in which the contravention that is the subject of the penalty order occurred, made either in writing or in the manner in which the appeal is conducted.

6. Any other information, materials or submissions that the screening officer or hearing officer considers to be credible or trustworthy in the circumstances.

Decisions

14. (1) A screening officer or hearing officer, as the case may be, does not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law.

(2) If a screening officer or hearing officer, as the case may be, decides to vary the amount of an administrative penalty determined under section 6, they shall vary the amount in accordance with the following rules:

1. If the total amount of a penalty is decreased, the amount to be credited to the victims’ justice fund account under section 19 is the amount mentioned in paragraph 6 of subsection 6 (1) that has been reduced proportionally to the decrease in the total penalty amount.

2. For greater certainty, if the total amount of a penalty is decreased to zero, the amount mentioned in paragraph 6 of subsection 6 (1) is zero.

3. If the appellant failed to attend any stage of an appeal in accordance with subsection 12 (2), the amount of the penalty shall be increased by $60.

4. For greater certainty, an increase made under paragraph 3 does not affect the amount mentioned in paragraph 6 of subsection 6 (1).

5. The amount of the penalty shall not be increased other than in accordance with paragraph 3.

(3) The decision of a hearing officer is final.

Payment and Fees

Collection of payment

15. Subject to section 21, the municipality in which the contravention that is the subject of a penalty order occurred shall collect payment of the administrative penalty.

Payment, no appeal

16. The person who is subject to a penalty order shall pay the administrative penalty within 30 days after the date on which service of the order is deemed to have been effected under subsection 9 (4) of this Regulation unless an appeal has been commenced under subsection 21.1 (7) of the Act.

Payment, post-appeal

17. Subject to section 18, if an appeal of a penalty order does not result in the penalty order being set aside, the person who is subject to the order shall pay the administrative penalty within 30 days after,

(a) the date of the decision by the screening officer, if no request for a review of the decision was made under paragraph 4 of subsection 11 (1); or

(b) the date of the decision by the hearing officer, if a request for review was made under paragraph 4 of subsection 11 (1).

Extension of payment deadline, plan of periodic payments

18. (1) If a screening officer or hearing officer, as the case may be, considers it fair and appropriate in the circumstances, the person may approve a plan of periodic payments that extends beyond the deadline set out in section 17.

(2) An approval mentioned in subsection (1) may be conditional on the payment of a specified amount of the administrative penalty being made on or before a specified date.

(3) A plan of periodic payments may be approved even after the 30-day period set out in section 17 has expired.

Victims’ justice fund account

19. (1) When an administrative penalty is paid, the municipality in which the contravention that is the subject of the penalty order occurred shall arrange for the amount determined under paragraph 6 of subsection 6 (1), or varied in accordance with subsection 14 (2), to be credited to the victims’ justice fund account.

(2) The municipality mentioned in subsection (1) shall arrange for the amount mentioned in that subsection to be credited to the victims’ justice fund account before retaining any portion of the payment.

Setting aside penalty order under certain circumstances

20. If, before a final decision is made in respect of an appeal, a screening officer or hearing officer, as the case may be, becomes aware that, contrary to subsection 21.1 (4) of the Act, the person who is subject to the penalty order is charged with an offence under the Act in respect of the same contravention, the officer shall set aside the penalty order.

Consequences for failure to pay administrative penalty

21. (1) If an administrative penalty is not paid within the 30-day period mentioned in section 16 or section 17, as applicable, or in accordance with a plan of periodic payments approved under subsection 18 (1), the municipality in which the contravention that is the subject of the penalty order occurred may notify the Ministry.

(2) If a municipality notifies the Ministry under subsection (1) in respect of a penalty order,

(a) the municipality shall not collect payment of the administrative penalty and instead the Ministry shall collect payment;

(b) the person who is subject to the penalty order shall pay a late payment fee of $20 and the amount of the late payment fee shall be included in the amount of the administrative penalty determined under section 6 for enforcement purposes; and

(c) issuance and validation of a permit may be refused to the owner of a motor vehicle who is subject to the penalty order until the penalty is paid.

Fees

22. (1) No fee shall be charged to,

(a) commence an appeal under subsection 21.1 (7) of the Act;

(b) extend, under subsection 11 (2) or (3), the period of time in which to commence an appeal; or

(c) approve, under subsection 18 (1), a plan of periodic payments.

(2) A municipality may by by-law impose fees or charges, other than those mentioned in subsection (1), under section 259 of the City of Toronto Act, 2006 or under section 391 of the Municipal Act, 2001, as the case may be, in respect of services related to an administrative penalty imposed under section 21.1 of the Act, but any such fee or charge shall not be included in the amount of the administrative penalty, and may be collected at the time that the related service is provided.

23. Omitted (provides for coming into force of provisions of this Regulation).