Item - 2025.IE25.9

The Infrastructure and Environment Committee:

1. Directed the Executive Director, Court Services, to continue to ensure that the City's website provides complete information about the dispute resolution processes related to Automated Speed Enforcement tickets issued under the Provincial Offences Act and penalty orders under the City's Administrative Penalty System.

This report responds to City Council direction through IE24.4 for the Executive Director, Court Services, in consultation with relevant City agencies, to conduct a thorough review of the appeals process for disputing Automated Speed Enforcement tickets, to ensure the process is straightforward, fair, and simple to navigate. It also responds to subsequent direction for the Executive Director, Court Services to report back to the October 29, 2025 meeting of the Infrastructure and Environment Committee with the findings of the review and recommendations for improvement.

It is important to note that there is no distinct appeals process for Automated Speed Enforcement under either the Provincial Offences Act or the City’s Administrative Penalty System. The appeal processes available depends on the prevailing legislation that applies.

- For Automated Speed Enforcement tickets issued for offences occurring prior to January 20, 2025, the Provincial Offences Act applies and they proceed through the provincial courts.  

- For Automated Speed Enforcement violations issued for offences occurring on or after January 20, 2025, the Administrative Penalty System established by Ontario Regulation 355/22: Administrative Penalties for Contraventions Detected Using Camera Systems and Municipal Code Chapter 610, Administrative Penalties, governs that process.

The request for this report arose from one specific complaint about two Automated Speed Enforcement tickets issued under the Provincial Offences Act back in July 2024. These tickets were brought to the attention of Councillor Pasternak’s office eight months prior to the Member Motion. The constituent advised that they were having difficulty navigating the processes for disputing a ticket, as well as other processes such as payment and re-opening requests that are outlined on the Court Services website. The Executive Director investigated the matter, spoke to the constituent directly, and relayed the status of the file to the Councillor's office in September.  

The individual complaint that led to Councillor Pasternak's Member Motion was promptly addressed by the Executive Director immediately after Court Services was notified. The division is committed to addressing any inquiries or complaints and encourage Councillors to bring those complaints to the Executive Director in a timely manner.

City staff are developing a performance measurement framework for the Administrative Penalty System to measure program operations against service standards. Data on Automated Speed Enforcement matters will be provided through the annual Administrative Penalty System Activity Report and Administrative Penalty Tribunal Chair’s report in 2026.

This report was prepared in consultation with Legal Services and includes a description of the dispute resolution mechanisms available to the public for Automated Speed Enforcement tickets issued prior to January 20, 2025 and penalty orders issued on or after January 20, 2025. The dispute process under the City’s Administrative Penalty System was approved by Council on February 6, 2024, and is outlined on the City’s website.