Administrative Penalty System

An Administrative Penalty system, using Penalty Notices, is an emerging approach to dealing with minor by-law infractions in a manner which is fair, effective and efficient. This approach has been adopted by numerous municipalities, the province and by the federal government and is designed to streamline the enforcement process and increase compliance with County of Brant by-laws.

The APS transfers by-law disputes from a Provincial courtroom to the municipality through the use of Screening and Hearings Officers who are able to modify, cancel, or affirm penalties. This approach is designed to reduce congestion in the courts and to provide a local, accessible and efficient dispute resolution system. 

The County is moving towards an APS in order to encourage compliance with County by-laws without creating a punitive system of fines which is tied to the provincial court system. In Ontario, the use of municipal APS is permitted under the Municipal Act, 2001, the Building Code Act, the Highway Traffic Act and certain pieces of provincial legislation. APS help the over-burdened courts by streamlining the process and allowing municipalities to handle minor by-law infractions. The County of Brant's Council approved the implementation of an APS with By-law 74-24.

Using a trial to resolve minor by-law infractions, such as parking matters, could potentially take months in the congested court system. The APS helps to speed up the process by resolving minor by-law infraction matters through the use of a municipally run resolution process which maintains an individual's right to request a Screening of their Penalty Notice and to request a Hearing before a Hearing Officer if not satisfied with the Screening Officer’s decision.

No. A fee is not charged to obtain a Screening Decision of a Parking Penalty Notice or to file a Request for a Hearing. However, if you do not attend or remain at a scheduled Screening or Hearing, additional Administrative Fees may apply.

Under extenuating or extreme circumstances (such as death or illness), you may be granted an extension to request a Screening or Hearing Review. Please be prepared to provide supporting documentation to substantiate your request. 

Please contact us.

Email Bylaw

Unless the screening review proceeds in writing (email), if the Person fails to appear at the time and place scheduled for a screening review, or fails to remain at such place until the Screening Officer has made a Screening Decision respecting the Administrative Penalty:

(a) the Person shall be deemed to have abandoned the request for the review;

(b) the Administrative Penalty shall be deemed to be final;

(c) the Administrative Penalty shall not be subject to further review by a Hearing Officer or review by any Court; and

(d) the Person shall pay to the County a Screening Non-Appearance Fee of $25.00.

If the Person fails to appear on the date and time scheduled for the hearing of the appeal:

(a) the Person shall be deemed to have abandoned the appeal;

(b) the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be final and shall not be subject to any further review, including review by any Court; and

(c) the Person shall pay to the County a Hearing Non-Appearance Fee of $50.00.

Yes. Under specific circumstances, additional Administrative Fees are applied to the original penalty due date. For instance, additional Administrative Fees are applied to late payments, the failure to attend a scheduled Screening or Hearing, for performing Ministry of Transportation (MTO) searches, and for MTO plate denial. 

Our fees under Schedule C:

• Service by Mail Fee $12 
• Late Payment Fee: $25
• MTO Search Fee: $11
• Plate Denial Fee: $25
• Screening Non-Appearance Fee: $25
• Hearing Non-Appearance Fee: $50

Screening Officers review and consider any documents you submit before making a decision. Please note that Parking Penalty Notices are not automatically cancelled, reduced or extended at the screening level. Under the Administrative Penalty By-law (PDF), the Screening Officer may affirm the penalty notice upon review. The Screening Officer may also cancel, reduce or extend the time for payment on the following grounds:

• In a review of a Parking Penalty Notice, the screening officer must be satisfied, on a balance of probabilities, that the vehicle was not parked or stopped in contravention of the Parking By-law;
• In a review of a Non-Parking By-law Penalty, the Screening Officer must be satisfied, on a balance of probabilities, that the Person did not contravene a Designated By-law as set out in the Penalty;
• Where the Screening Officer is satisfied, on a balance of probabilities, that the cancellation, reduction, or extension of the time for payment of the Administrative Penalty, including any applicable Administrative Fees, is necessary to reduce any undue hardship.

Decisions will be served within fifteen (15) calendar days of the Review

If you are not satisfied with the Screening Review decision, you can request a Hearing Review on or before the due and payable date listed on the Screening Decision.

Hearing Officers are third party contractors by the municipality to conduct independent reviews of Penalty Notices. They assess evidence, hear arguments from both parties, and make final, legally binding decisions. The Hearing Officer is not bound by the decision of the Screening Officers.