What are Administrative Penalties (Penalty Orders)?>
Administrative Penalties (aka "Penalty Orders")
An Administrative Penalty is a monetary fine that is levied by a government agency or regulatory body for a violation of rules, regulations or laws, that is typically issued as a consequence of a violation without requiring a court trial.
In 2022, the Province of Ontario passed Ontario Regulation 355/22 to allow municipalities to issue Administrative Penalties (Penalty Orders) under the Provincial Administrative Penalty regime for contraventions of subsection 128(1) of the Highway Traffic Act that were captured using automated speed enforcement cameras.
As Essa's ASE Program is administered using the Administrative Penalty System for ASE contraventions, tickets do not proceed through the court system. Rather, they are collected and reported to the Province.
Additional Information to Common Questions
The amount of the administrative penalty associated with automated speed enforcement penalty orders for contraventions of subsection 128(1) of the Highway Traffic Act where the contravention is captured utilizing automated speed enforcement devices is determined based on rates that are pre-set by the Province of Ontario (refer to section 6 of Ontario Regulation 355/22).
Each Administrative Penalty associated with a Penalty Order is comprised of the following amounts:
- penalty rate (the number of km/hr over the posted speed limit multiplied by the penalty rate in Table 1 of section 6 of O. Regulation 355/22), plus
- victim component surcharge as determined in accordance with Table 2 of Section 6 of O. Regulation 355/22), plus
- MTO search fee $8.25 (as referred to in subsection 6(1) paragraph 5, 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.
Certain Highway Traffic Act fines, such as speeding, are doubled in Community Safety Zones.
Penalty Rate
The Penalty Rate is determined in accordance with Table 1 of Section 6 of Ontario Regulation 355/22:
Victim Component
The Victim Component surcharge is calculated based on Table 2 of Section 6 of Ontario Regulation 355/22:
Where the amount of the Penalty Rate is greater than $1,000.00, the Victim Component Surcharge is calculated at 25% of the Penalty Rate.
No demerit points are issued for HTA infractions captured utilizing automated speed enforcement cameras.
There is no impact on the registered owner's driving record for Penalty Orders that are issued utilizing automated speed enforcement cameras.
There is no impact on your insurance that is the result of a Penalty Order having issued to the registered owner of a vehicle captured (by image) utilizing automated speed enforcement cameras.
In accordance with Section 5 of O. Regulation 355/22, Penalty Orders issued under an Automated Speed Enforcement Program are imposed on the owner of the motor vehicle whether or not the owner was the driver of the vehicle.
The registered owner of the motor vehicle is liable for the speeding ticket.
Owners disputing the alleged contravention have the following options available to them:
- Pay the Penalty Notice
- Request a review by a Screening Officer
- Request a review by a Hearing Officer
Convicted owners will not be subject to demerit points.
Registered owners of vehicles that are caught by ASE cameras travelling in excess of the posted speed limit will receive a Penalty Order in the mail or by courier service.
A photograph of the vehicle that was speeding will be marked on the offence notice along with the enlargement of the vehicle's license plate. The location of where and when the speeding offence occurred, as well as the speed of the vehicle and the posted speed limit will also be on the ticket.
- An online payment portal
- In person by debit, cash, cheque (made payable to the Township of Essa)
- By mail to The Township of Essa, 5786 County Rd 21, Utopia, ON L0M 1T0"
Township of Essa
Joint Data Processing - Automated Speed Enforcement
Phone: 1-877-748-1025
Email: ase@ojpc.ca