Why Administrative Penalties Are Replacing Traditional Fines in Canadian Municipalities: A Closer Look at AMPS
- Sara Santos-Vigneault
- Jul 15
- 4 min read
In recent years, municipalities across Ontario, including the Town of Hawkesbury, have introduced an alternative to traditional ticketing for minor by-law violations: the Administrative Monetary Penalty System (AMPS). Unlike conventional court-issued fines, AMPS processes are handled locally through an administrative framework, offering a faster, more accessible way to address minor offences such as parking infractions and property maintenance violations.
But what is the legal difference between a fine and a penalty? And why are local governments increasingly choosing AMPS as a more effective enforcement mechanism?
Understanding the Legal Distinction: Penalty vs. Fine
Although the words "fine" and "penalty" are often used interchangeably in everyday conversation, they have important legal differences, especially in the context of how municipal offences are enforced.
Let’s break them down clearly:
What Is a Fine? A fine is a monetary punishment imposed by a court after a person is found guilty of an offence. It is usually tied to criminal or quasi-criminal
laws, such as:
Provincial statutes (e.g., Highway Traffic Act)
Municipal by-laws prosecuted under the Provincial Offences Act
Criminal Code offences (for more serious matters)
Fines:
Require formal charges to be laid
Must go through court processes (trial or resolution)
Can result in a conviction and record under certain laws
Are often enforceable through garnishment or even jail for non-payment in extreme cases
Example: If you're issued a ticket under the Ontario Highway Traffic Act for running a red light, the resulting fine is handled through the court system. If you contest it, you appear before a Justice of the Peace.
What Is a Penalty? A penalty — specifically under AMPS — is a monetary consequence imposed administratively, without involving the court. It's used primarily for minor regulatory or by-law infractions. This system is governed by municipal by-laws and enabling provincial legislation, such as Ontario’s Municipal Act, 2001.
Penalties:
Do not require charges or formal prosecution
Are resolved outside of court, within the municipality
Do not result in a criminal or provincial conviction
Can still be enforced (e.g., affecting licence plate renewals)
Example: If you park in a no-parking zone in Hawkesbury, you'll receive a penalty notice — not a ticket requiring court. You can request a review directly through the town's AMPS system, without going to court.
Why the Difference Matters
Bottom Line: A fine is part of a legal prosecution, while a penalty is part of an administrative process. Both are meant to encourage compliance with laws, but AMPS aims to do so in a more efficient, user-friendly way.
Note: AMPS cannot be used for criminal matters or serious offences, only for regulatory, parking, and by-law infractions.
What Is AMPS and How Does It Work?
The Administrative Monetary Penalty System (AMPS) is a non-criminal, administrative process used to resolve certain by-law violations – often including parking, property standards, noise, and licensing issues.
Key features include:
Penalty Notice: Issued by a by-law enforcement officer.
Review Request: The recipient may request a Screening Officer Review within a fixed time period (usually 15 days).
Hearing Officer Appeal: If not satisfied, the person may appeal to a Hearing Officer, whose decision is final.
This tiered process gives individuals a meaningful opportunity to be heard without the cost or complexity of a courtroom trial.
Learn more about AMPS generally
Why AMPS Is Considered Better Than Traditional Tickets
Municipalities have increasingly adopted AMPS because it offers advantages for both enforcement and public access to justice.
Streamlined Process Traditional fines require court appearances under the Provincial Offences Act. AMPS removes this bottleneck by handling infractions in-house, which is faster and less burdensome for both the municipality and the recipient.
Cost Efficiency Local governments spend less on court-related administrative costs. For individuals, the process is less formal and typically does not require hiring a lawyer.
Improved Access to Justice AMPs allow residents to explain their circumstances through informal channels such as written submissions or in-person reviews, avoiding intimidating court procedures.
Higher Compliance Rates Several municipalities have reported higher compliance and fine recovery rates through AMPS than through traditional court-enforced fines.
Case Study: The Town of Hawkesbury’s AMPS Model
As of 2024, Hawkesbury enforces most minor by-laws through AMPS. This local approach allows:
Timely dispute resolution
Clear administrative appeal procedures
Avoidance of court backlog
In practice, this means if you receive a parking penalty notice in Hawkesbury, you won’t be summoned to a courtroom. Instead, you can request a review within 15 days and potentially resolve your case at the municipal level.
This is an example of how AMPS modernizes public service while maintaining fairness and due process.
The transition from court-imposed fines to administrative penalties reflects a national trend toward more accessible, efficient, and locally managed justice. While AMPS is not a “get-out-of-jail-free card,” it represents a modern legal tool that benefits both the municipality and its residents.
If you're facing a municipal penalty, it’s important to understand your rights under the AMPS framework and act within the appeal deadlines.
Sources and References
Municipal Compliance Solutions – Administrative Monetary Penalties
Ontario Regulation 333/07: Administrative Penalties
Town of Hawkesbury - By-law Enforcement and AMPS
Administrative Monetary Penalties and Municipal Compliance
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