One thought on “Learn more about the AMP System for Ontario”

  1. To the reader – this is my personal opinion. If you think I’m right, sign the petitions right away at: http://www.moepa.ca and http://fb.me/2gSWFjTUU

    (ATTORNEY GENERAL) ONTARIO BILL 15 – AMPS
    In 2 months the Ontario Liberal (majority) Government has taken the 1st post of an idea and made it into law which leaves the consumer (all drivers) totally defenceless against any traffic infraction except those requiring “jail” time.
    YOU ARE AUTOMATICALLY PRESUMED GUILTY! YOU CANNOT FIGHT IT IN COURT!

    Duping the public into thinking it only involves tow trucks and big trucks it is sailing on through without much concern, let alone opposition. THIS IS SCARY and here is what I sent to my local MPP. A standard “pass-the-buck” response is what came back from him and now I’ve personally gotten nasty with him for it.

    Below, is a copy of a section of the Highway Traffic Act as it already appears in the current “E-Laws”. It refers to the new AMPS law changes by your Government.

    The 1st notice of intention (worded as if for discussion to the public) of Bill 15 was issued on 3 Mar 2015. Today is 5 May 2015, response ability by the public was halted on 28 Apr 2015 (49 calendar – NOT BUSINESS DAYS including Easter) and Royal Assent has already been given for it to appear in this manner awaiting proclamation.

    Unless my interpretation is “away off beam”, I read this to be the removal of the word “offence” and replacing it with “administrative penalty”. (No Offence ….. No Court) Further, I see that the “Decision Maker” will be an employee of the municipality that will be receiving the penalty funds. (That is biased!) I also see that appeals can not be submitted to a Court but, will, in fact, be resubmitted to the same issuing municipal decision maker.

    This removes any option for a defendant to receive a fair and impartial trial by JP, it removes the option to see the evidence against him/her, it removes the right of any individual to face the issuing officer under Oath and it places the defendant as automatically guilty with no opportunity to prove innocence. What happened to “Innocent until Proven Guilty”?)

    If I’m correct, then I regard this action by your “majority” Government as “Criminal” and a way to pay for your scandalous actions of the past few years. Please assure me that I am wrong and if I am not, please assure me that major changes are going to be made prior to Proclamation by the Lieutenant Governor.

    The “on-line system” is a fantastic idea for anyone who knows that he/she is guilty and is willing to pay the penalty (which the majority already do) but, THE OPTION MUST BE AVAILABLE TO FIGHT ANY TICKET IN A COURTOF LAW.

    To: Dave Levac, MPP (Brant) Lib (Speaker of the House)
    Please respond showing me conclusively why I am wrong.

    J.R. “Nick” Nicholson
    21 Deerpark Ave
    Brantford N3R 6P8
    519-751-0138 jrnicky@yahoo.com

    What follows?
    A Section of the Highway Traffic Act as it appears

    (with my highlights in CAPS)

    in the Ontario Government’s “E-laws” site. It is not all-inclusive and there are plenty of areas affecting all drivers in Ontario (including tourists, freight and produce coming into Ontario) that I haven’t questioned. The ramifications will shut this Province Down!
    WHAT WILL THIS SCANDAL COST US?

    Offences, commercial motor vehicles:

    21. (1) Every person who contravenes subsection 16 (3) or (4), section 18 or 20 or a regulation made under section 22 is guilty of an offence and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. H.8, s. 21 (1).
    Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is repealed and the following substituted: (See: 2014, c. 9, Sched. 2, ss. 8, 47)

    Offences, commercial motor vehicles
    (1) Every person who contravenes subsection 16 (3) or (4) or section 20 or a regulation made under subsection 22 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2014, c. 9, Sched. 2, s. 8.
    Idem
    (2) Every person who contravenes subsection 16 (2) is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 21 (2).
    Same
    (3) Every person who contravenes or fails to comply with a term or condition of a CVOR certificate issued to the person is guilty of an offence and on conviction is liable to a fine of not more than $2,000 or to imprisonment for a term of not more than six months, or to both. 1996, c. 33, s. 5.
    Same
    (4) Every person who provides, uses or permits the use of a fictitious, altered or fraudulently obtained CVOR certificate, or improperly uses a CVOR certificate, is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both. 2002, c. 18, Sched. P, s. 8.
    Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2014, c. 9, Sched. 2, ss. 9, 47)

    Administrative penalties
    Purpose
    21.1 (1) An administrative penalty may be imposed under this section in order to promote compliance with this Act and the regulations. 2014, c. 9, Sched. 2, s. 9.

    Order imposing administrative penalties
    (2) If a prescribed authorized person is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a prescribed provision of this Act or of the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2014, c. 9, Sched. 2, s. 9.

    May only be imposed on prescribed persons
    (3) An administrative penalty may only be imposed on a person who belongs to a prescribed class. 2014, c. 9, Sched. 2, s. 9.
    May be imposed with other measures
    (4) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act; however, an administrative penalty may not be imposed if the person is charged with an offence under this Act in respect of the same contravention or failure to comply. 2014, c. 9, Sched. 2, s. 9.
    Limitation
    (5) An administrative penalty may only be imposed within the prescribed time period. 2014, c. 9, Sched. 2, s. 9.

    No right to be heard

    (6) There is no right to be heard before an order imposing an
    administrative penalty is made. 2014, c. 9, Sched. 2, s. 9.
    Appeal
    (7) A person who is subject to an order imposing an administrative penalty may, in accordance with the regulations, appeal the order to a person prescribed for the purpose of this subsection and the prescribed person may confirm, vary or set aside the order. 2014, c. 9, Sched. 2, s. 9.
    DECISION MAKER IS EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED –
    Same
    (8) An appeal commenced under subsection (7) operates as a stay of the order until the matter is finally disposed of. 2014, c. 9, Sched. 2, s. 9.

    Parties to judicial review
    (9) The parties to any judicial review brought in respect of this section are the Registrar and the person subject to the order imposing an administrative penalty. 2014, c. 9, Sched. 2, s. 9.
    EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED ALL APPEALS ARE DIRECTED BACK TO THE SAME ISSUING DECISION MAKER WITHOUT COURT AVAILABILITY TO THE DEFENDENT.

    Maximum administrative penalty
    (10) An administrative penalty shall not exceed $20,000 or such lesser amount as may be prescribed. 2014, c. 9, Sched. 2, s. 9.
    Enforcement
    (11) If a person fails to pay an administrative penalty in accordance with the terms of the order imposing the penalty, the Minister may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court. 2014, c. 9, Sched. 2, s. 9.
    Same
    (12) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order. 2014, c. 9, Sched. 2, s. 9.
    Same
    (13) An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such. 2014, c. 9, Sched. 2, s. 9.
    Regulations
    (14) The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under this section and, without limiting the generality of the foregoing, may make regulations,
    (a) prescribing authorized persons for the purpose of subsection (2);
    EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – EXTREMELY BIASED
    (b) prescribing provisions of this Act and of the regulations for the purpose of subsection (2);

    NO OPTION TO BE HEARD IN A COURT OF
    LAW
    (c) prescribing classes of persons who may be subject to an order under subsection (2);
    (d) prescribing persons for the purpose of subsection (7);
    (e) prescribing the amount of a penalty, or method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;
    DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED

    (f) authorizing a person prescribed under clause (a) to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection (2), including prescribing that the criteria may include aggravating or mitigating factors;
    DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED

    (g) authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues; DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED
    (h) authorizing higher penalties (not to exceed the maximum penalty established under subsection (10) or prescribed under clause (k)) for a second or subsequent contravention or failure to comply; THAT NOW CHANGES IT UP TO $40,000 (2 X $20,000)
    DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED

    (i) governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Registrar to approve a plan of periodic payments that extends beyond the deadline;
    (j) authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;
    (k) prescribing a lesser maximum penalty and the provisions of this Act or of the regulations to which the lesser maximum penalty applies for the purpose of subsection (10);
    (l) prescribing and governing procedures for making and serving an order under this section, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario; DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED

    (m) governing the appeal of an order under subsection (7), including,
    (i) establishing procedures for commencing and conducting an appeal,
    DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED

    (ii) establishing time limits for the stages of an appeal and authorizing the person prescribed under clause (d) to extend any time limit,
    (iii) prescribing that the appeal must or may be conducted orally, electronically or in writing or authorizing the person prescribed under clause (d) to make that determination,
    (iv) prescribing fees to be paid to commence an appeal, DECISION MAKER EMPLOYED BY MUNICIPALITY RECEIVING THE PENALTIES – BIASED and
    (v) establishing criteria to be considered and criteria not to be considered by the person prescribed under clause (d) when determining whether to confirm, vary or set aside an order. 2014, c. 9, Sched. 2, s. 9.
    Regulations and fees, commercial motor vehicles

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