The City of Barrie’s Automated Speed Enforcement program operates as an Administrative Penalty System as opposed to filing a charge with the Provincial Offences Court. An Administrative Penalty System provides for a less complex but fair and transparent alternative to the court process.
This page highlights information contained within the Administrative Penalty System By-law. Please read the full Administrative Penalty System By-law for more detail.
Appealing a Penalty Order
An appeal of a Penalty Order shall be commenced within 30 days after the date on which service of the order or the Effective Date of Service. A person who is subject to a Penalty Order may commence the first stage appeal by requesting, in the manner set out in the order, a review of the Penalty Order by a Screening Officer.
An appellant may commence the second stage of an appeal by requesting a review of the Screening Officer’s decision by a Hearing Officer within 30 days of the date of the decision of the Screening Officer.
Visit Administrative Penalty System to access the options—pay or appeal—for motor vehicle owners who receive a Penalty Order.
Reasons a Screening Officer can Set Aside a Penalty Order
A Screening Officer shall only set aside a Penalty Order under the following circumstances:
- The Penalty Order is incomplete;
- The Penalty Order was not issued by an authorized Person
- There is no information regarding how and when to commence an appeal
with the Penalty Order - No corresponding information or evidence has been received from the
processing centre (i.e. images, enlargement of the plate, MTO proof of
ownership, and the certified statement of the Officer) - The image or images are not clear; do not set out the proper data; or the
plate and jurisdiction can’t be clearly read - Information on the image does not match the information set out in the
corresponding certified statement - The location of the Contravention is not an identified Community Safety or
School Zone - The make and model of the ASE system is not indicated in the certified
statement - The speed of the motor vehicle at the time of the Contravention is not
indicated in the Penalty Order - The posted speed limit is not stated in the Penalty Order
- There is no marker in the image provided with the certified statement or
the marker does not touch the motor vehicle - There is no date included in the certified statement, for the certificate of
accuracy or the date stated is outside the time allowed - There is no indication in the certified statement or that the signage,
required by section 8 of the Regulation, was posted - The Person has credible and reliable evidence that the Person was not
the Owner of the vehicle in question at the time of the Contravention - The Person has proof the vehicle and/or vehicle plate in question was lost
or stolen at the time of the Contravention - Where the vehicle in question was an emergency vehicle and falls within
the exemptions outlined in section 128 (13) of the Highway Traffic Act - Financial Hardship