Penalty Order Reviews

What to Expect at Your Screening / Hearing Review

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

Stage 1 of Appeal

Schedule Review with Screening Officer

A person who is subject to a Penalty Order issued under an ASE Program may commence the first stage of an appeal by requesting a review of the Penalty Order by a Screening Officer.

The Screening Officer will conduct a review of the Penalty Order and all supplementary documentation as submitted by the appellant and will make a decision to either confirm, vary or set aside the Penalty Order. (Please refer to "Supplementary Documentation Required to be Submitted Prior to Review" on this page. Failure to submit your evidence prior to your screening review may result in affirmation of your Penalty Order.)

Once a decision has been made, the Screening Officer will send the Notice of Decision to the appellant as soon as practical after the decision is made.

If you disagree with the decision of the Screening Officer, you can proceed to Stage 2 of the Appeals Process by scheduling a review of the Screening Officer's Decision by a Hearing Officer.

ASE AP Guidelines

Please Note: the onus is on the registered owner of the vehicle to provide credible evidence to support their claim.

Stage 2 of Appeal

Schedule Review with a Hearing Officer

If the person who is subject to the Penalty Order is not satisfied with the decision of the Screening Officer, they can request a review of the decision by a Hearing Officer (within 30 days of the date of decision).

The Hearing Officer will review the decision Screening Officer, in addition to supplementary documentation submitted by the appellant, and make a decision to either confirm, vary or set aside the Penalty Order. (Please refer to "Supplementary Documentation Required to be Submitted Prior to Review" on this page. Failure to submit your evidence prior to your hearing may result in affirmation of the Screening Officer's Decision.)

Once the decision has been made, the decision will be sent to the appellant as soon as practical after the review is complete.

The decision of the Hearing Officer is final.

ASE AP Guidelines

Please Note: the onus is on the registered owner of the vehicle to provide credible evidence to support their claim.

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.

Additional Resources

If you require either of these forms in a different method, please call 1-877-748-1025.