Provincial Offences Act - nearnorthsnowdrifters.com

1 Fran aisProvincial Offences 1990, CHAPTER Period: From May 15, 2012 to the e-Laws currency amendment: 2011, c. 1, Sched. 1, s. TABLE OF ICOMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF of offence and offence of certificate of a of meeting to officer s of guilty with out of not to dispute to appear at on by of 12:18 IICOMMENCEMENT OF PROCEEDINGS FOR PARKING INFRACTIONS14. Parking infraction , Part , parking and notice of parking out of to to to to officer s response to impending conviction where ticket to appear at by to collect parking IIICOMMENCEMENT OF PROCEEDING BY of proceeding by before information on laying of of warrantPART IVTRIAL AND of presiding at of of of information or to quash information or on amendment or of counts or of of for person in a prison to for failure to for evidence by of issue as to capacity to conduct of 12.

2 18 pre-trial on plea of not and burden of by attendance of on hearing and of prosecutor to in the absence of the information relevant to spent in custody for minimum of when imprisonment of fine s for refused cheque collectable as a for work credits for enforcement of to consumer reporting where fine in of fine on order comes into of probation of probation orderPART VGENERAL format and to of law of the , recording and 12:18 of for false remedies on in for purpose of ActPART VIYOUNG , Part notice not to be to where proceeding commenced by person to be present at of young person not to be imprisonment for non-payment of of young person s without warrant of young persons after arrest by of a justice of peace limitedPART VIIAPPEALS AND , Part pending of fine before of date where appellant in of fine not of materialAPPEALS UNDER PART , proceedings commenced by of to on appeal against conviction, on appeal against on appeal against sentence on more than one based on defect in information or by way of new 12.

3 18 or of appeal court to court of pending of of lower court of appeal procedures, UNDER PARTS I AND , proceedings commenced by of on of court on to court of , prohibition, corpusPART VIIIARREST, BAIL AND SEARCH in charge, Part of without of from civil of process and giving of after arrest by in custody to be brought before trial of person in , order re for deposit, recognizance, of of defendant by of recognizanceSEARCH of person who carries out of justice re things of privilegePART IXORDERS ON APPLICATION UNDER under statutesPART XAGREEMENTS WITH MUNICIPALITIES CONCERNING ADMINISTRATIVE FUNCTIONSAND 12:18 of and effect of and imposed before effective under General s right to not Crown from personal or suspension of : application to all re of municipalitiesINTERPRETATIONI nterpretation1.

4 (1) In this Act, certificate means a certificate of offence issued under Part I or a certificate of parking infraction issued under Part II;( proc s-verbal ) court means the Ontario court of Justice; ( tribunal ) judge means a Provincial judge; ( juge Provincial ) justice means a Provincial judge or a justice of the peace; ( juge ) offence means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of anAct of the Legislature; ( infraction ) police officer means a chief of police or other police officer but does not include a special constable or by-law enforcementofficer; ( agent de police ) prescribed means prescribed by the rules of court ; ( prescrit ) prosecutor means the Attorney General or, where the Attorney General does not intervene, means the person who issues acertificate or lays an information and includes an agent acting on behalf of either of them.

5 ( poursuivant ) Provincial Offences officer means, 12:18 PM(a) a police officer,(b) a constable appointed pursuant to any Act,(c) a municipal law enforcement officer referred to in subsection 101 (4) of the Municipal Act, 2001 or in subsection 79(1) of the City of Toronto Act, 2006, while in the discharge of his or her duties,(d) a by-law enforcement officer of any municipality or of any local board of any municipality, while in the discharge ofhis or her duties,(e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilitiesinclude the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties, or(f)

6 A person designated under subsection (3); ( agent des infractions provinciales ) representative means, in respect of a proceeding to which this Act applies, a person authorized under the Law Society Act torepresent a person in that proceeding; ( repr sentant ) set fine means the amount of fine set by the Chief Justice of the Ontario court of Justice for an offence for the purpose ofproceedings commenced under Part I or II. ( amende fix e ) 1990, c. , s. 1 (1); 2000, c. 26, Sched. A, s. 13 (6);2002, c. 18, Sched. A, s. 15 (6); 2006, c. 21, Sched. C, s. 131 (1, 2); 2009, c. 33, Sched. 4, s. 1 (1).(2) Repealed: 2002, c. 17, Sched. F, of Provincial Offences officers(3) A minister of the Crown may designate in writing any person or class of persons as a Provincial Offences officer for thepurposes of all or any class of Offences .

7 1990, c. , s. 1 (3).GeneralPurpose of Act2. (1) The purpose of this Act is to replace the summary conviction procedure for the prosecution of Provincial Offences ,including the provisions adopted by reference to the Criminal Code (Canada), with a procedure that reflects the distinctionbetween Provincial Offences and criminal (2) Where, as an aid to the interpretation of provisions of this Act, recourse is had to the judicial interpretation of andpractices under corresponding provisions of the Criminal Code (Canada), any variation in wording without change in substanceshall not, in itself, be construed to intend a change of meaning. 1990, c. , s. 12:18 PMPART ICOMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCEC ertificate of offence and offence notice3.

8 (1) In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceedingin respect of an offence may be commenced by filing a certificate of offence alleging the offence in the office of the 1990, c. , s. 3 (1).Issuance and service(2) A Provincial Offences officer who believes that one or more persons have committed an offence may issue, bycompleting and signing in the form prescribed under section 13,(a) a certificate of offence certifying that an offence has been committed; and(b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2).Service(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the allegedoffence occurred.

9 1990, c. , s. 3 (3).(4) Repealed: 2009, c. 33, Sched. 4, s. 1 (3).Certificate of service(5) Where service is made by the Provincial Offences officer who issued the certificate of offence, the officer shall certifyon the certificate of offence that he or she personally served the offence notice or summons on the person charged and the date ofservice. 1990, c. , s. 3 (5).Affidavit of service(6) Where service is made by a person other than the Provincial Offences officer who issued the certificate of offence, heor she shall complete an affidavit of service in the prescribed form. 1990, c. , s. 3 (6).Certificate as evidence(7) A certificate of service of an offence notice or summons purporting to be signed by the Provincial Offences officerissuing it or an affidavit of service under subsection (6) shall be received in evidence and is proof of personal service in theabsence of evidence to the contrary.

10 1990, c. , s. 3 (7).Officer not to act as 12:18 PM(8) The Provincial Offences officer who serves an offence notice or summons under this section shall not receive paymentof any money in respect of a fine, or receive the offence notice for delivery to the court . 1990, c. , s. 3 (8).Filing of certificate of offence4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven daysafter service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4).Having a trial5. (1) A defendant who is served with an offence notice may give notice of intention to appear in court for the purpose ofentering a plea and having a trial of the matter.