Penalty Order Appeals
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.
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.
Please Note: the onus is on the registered owner of the vehicle to provide credible evidence to support their claim.
As the Screening and Hearing Officers are conducting reviews prior to your appointment, it is essential that you are in the virtual meeting room for the entirety of your scheduled appointment.
If you have not connected with the Screening or Hearing Officer, and decide to leave the meeting room early, you may be subject to a "No Show" fee of $60.00, without having the ability to re-book your appointment.
Please Note:
- Witnesses are not permitted to be in attendance at the screening/hearing appointment in accordance with O. Regulation 355/22.
- If an interpreter is required, it is the responsibility of the person attending the meeting to provide.
- Screenings and Hearings are conducted in the English language only.
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.
If somebody other than the registered owner will be attending either Stage 1 or 2 of the appeal, the registered owner is required to submit the following form 7 days PRIOR to their scheduled appointment:
Additional Resources
If you require this form in a different method, please call 1-877-748-1025.
Common Questions/Comments
In accordance with subsection 5(2) of O. Regulation 355/22, you received the Penalty Order because you are the registered owner of the vehicle that was speeding.
Administrative Penalties issued under an ASE Program are owner-liability in accordance with section 5(2) of O. Regulation 355/22 which states "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."
ASE systems do not capture images of drivers or passengers. They are similar to a parking ticket where owner liability is in effect. This results in the registered plate holder receiving the ticket.
If you receive a Penalty Order, then you are the registered owner of the vehicle on file with the Ministry of Transportation. It does not matter if you were driving the car or not, as you are the owner registered on file with the Ministry of Transportation.
Essa's ASE Program is administered using the provincial Administrative Penalty System. As such, Penalty Orders issued under Essa's ASE Program do NOT proceed through the courts. Rather, appeals are reviewed by Screening Officers and Hearing Officers. In accordance with O. Regulation 355/22, the Screening and Hearing Officers will review the Penalty Order and make a decision to:
- Affirm the Penalty Order
- leave the Penalty Order as it stood upon issuance
- Vary the Penalty Order
- extend the timeline to pay or
- reduce the amount of the penalty rate
- Please Note - evidence is required to be submitted prior to your scheduled appointment to be considered in the review
- Cancel the Penalty Order outright
In accordance with O. Regulation 355/22, the Hearing Officer makes the final decision, so there is no day in court.
In accordance with O. Regulation 355/22, all ASE sites are marked with mandatory signage.
"Speed Camera Coming Soon" signs are required to be posted for a minimum of 90 days in each designated zone that will be enforced with an ASE device
"Speed Camera In Use" signs are required to be posted when an ASE device has been activated.
The onus is on every driver to be paying attention to road signage and to abide by the posted speed limit. Failure to drive the posted speed limit may result in a fine being levied.
The use of an automated speed enforcement system does not require the officer to be present. The requirements for an ASE system are set out in law. It is a device which accurately captures and records a motor vehicle that is exceeding the posted speed limit. Proof of the offence includes the image or picture as well as a certified statement setting out the specific details.
The Provincial Offences Officer that issued the Penalty Order and certified the offence details reviewed images of the location as well as the applicable by-laws designating the location as a school or community safety zone, as well as the applicable speed limit by-law for that location.
The ASE system marks the motor vehicle that was speeding and for which it recorded the data and captured the picture. That mark is authorized by law and is obvious in the image.
If it was a different vehicle that was exceeding the speed limit, then your vehicle would not be marked.
Township of Essa
Joint Data Processing - Automated Speed Enforcement
Phone: 1-877-748-1025
Email: ase@ojpc.ca