Provincial Offences Act, R.S.O. 1990, c. P.33 (Historical version for the period September 22, 2023 to March 5, 2024)

• Jurisdiction: Ontario
• Coming into Force: 22 September 2023
• End of Effective Date: 05 March 2024
• Status: historical

Provincial Offences Act

R.S.O. 1990, CHAPTER P.33

Consolidation Period: From September 22, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 12, Sched. 7.

CONTENTS

Interpretation

Interpretation

1 (1) In this Act,

“certificate” means a certificate of offence issued under Part I or a certificate of parking infraction issued under Part II; (“procès-verbal”)

“court” means the Ontario Court of Justice; (“tribunal”)

“electronic” and “electronically” have the meanings set out in the Electronic Commerce Act, 2000; (“électronique”, “par voie électronique”)

“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 an Act 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 enforcement officer; (“agent de police”)

“prescribed” means prescribed by the rules of court; (“prescrit”)

“prosecutor” means, in respect of a proceeding, the following person, and includes an agent acting on that person’s behalf:

1. The Attorney General, subject to paragraphs 2 and 3.

2. In the case of a proceeding to which a transfer agreement made under Part X applies and in which the Attorney General does not intervene, a person acting on behalf of a municipality in accordance with the agreement.

3. The person who issues a certificate or lays an information, if neither the Attorney General nor a person referred to in paragraph 2, or an agent of either of them, acts as prosecutor; (“poursuivant”)

“provincial offences officer” means,

(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 of his or her duties,

(e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include 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) 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 to represent a person in that proceeding; (“représentant”)

“set fine” means the amount specified for an offence under section 91.1 by the Chief Justice of the Ontario Court of Justice or by a regional senior judge of that court for the purpose of proceedings under Part I or II. (“amende fixée”) R.S.O. 1990, c. P.33, 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); 2015, c. 27, Sched. 1, s. 3 (1); 2017, c. 34, Sched. 35, s. 1; 2020, c. 18, Sched. 18, s. 1.

(2) Repealed: 2002, c. 17, Sched. F, Table.

Designation 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 the purposes of all or any class of offences. R.S.O. 1990, c. P.33, s. 1 (3).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000

2002, c. 17, Sched. F, Table - 01/01/2003; 2002, c. 18, Sched. A, s. 15 (6) - 26/11/2002

2006, c. 21, Sched. C, s. 131 (1, 2) - 01/05/2007

2009, c. 33, Sched. 4, s. 1 (1) - 15/12/2009

2015, c. 27, Sched. 1, s. 3 (1) - 3/06/2016

2017, c. 34, Sched. 35, s. 1 (1-2) - 14/12/2017

2020, c. 18, Sched. 18, s. 1 - 21/07/2020

General

Purpose of Act

2 (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 distinction between provincial offences and criminal offences.

Interpretation

(2) Where, as an aid to the interpretation of provisions of this Act, recourse is had to the judicial interpretation of and practices under corresponding provisions of the Criminal Code (Canada), any variation in wording without change in substance shall not, in itself, be construed to intend a change of meaning. R.S.O. 1990, c. P.33, s. 2.

PART I
COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE

Certificate of offence and offence notice

3 (1) In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of an offence may be commenced by filing a certificate of offence alleging the offence in the office of the court. R.S.O. 1990, c. P.33, s. 3 (1).

Issuance and service

(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing 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 alleged offence occurred. R.S.O. 1990, c. P.33, 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 certify on the certificate of offence that he or she personally served the offence notice or summons on the person charged and the date of service. R.S.O. 1990, c. P.33, 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, he or she shall complete an affidavit of service in the prescribed form. R.S.O. 1990, c. P.33, 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 officer issuing it or an affidavit of service under subsection (6) shall be received in evidence and is proof of personal service in the absence of evidence to the contrary. R.S.O. 1990, c. P.33, s. 3 (7).

Officer not to act as agent

(8) The provincial offences officer who serves an offence notice or summons under this section shall not receive payment of any money in respect of a fine, or receive the offence notice for delivery to the court. R.S.O. 1990, c. P.33, s. 3 (8).

Section Amendments with date in force (d/m/y)

1993,c.31,s.1 (1) - 15/08/1994

2009, c. 33, Sched. 4, s. 1 (2, 3) - 15/12/2009

2017, c. 34, Sched. 35, s. 2 - no effect - 2020, c. 18, Sched. 18, s. 17 - 21/07/2020

Filing of certificate of offence

4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4); 2017, c. 34, Sched. 35, s. 24.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 4, s. 1 (4) - 15/12/2009

2017, c. 34, Sched. 35, s. 24 - 14/12/2017

Having a trial

5 (1) A defendant who is served with an offence notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter. 2009, c. 33, Sched. 4, s. 1 (5).

Notice of intention to appear in offence notice

(2) The defendant must give notice of intention to appear by,

(a) completing the notice of intention to appear part of the offence notice; and

(b) delivering the offence notice to the court office specified in it by mail or in any other manner specified in the offence notice. 2009, c. 33, Sched. 4, s. 1 (5); 2020, c. 18, Sched. 18, s. 2 (1, 2).

(3) Repealed: 2020, c. 18, Sched. 18, s. 2 (3).

(3.1) Repealed: 2020, c. 18, Sched. 18, s. 2 (5).

Specified court office

(4) A notice of intention to appear is not valid unless it is given to the court office specified on the offence notice. 2020, c. 18, Sched. 18, s. 2 (6).

Notice of trial

(5) Where a notice of intention to appear is received under this section, the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial. 2009, c. 33, Sched. 4, s. 1 (5); 2017, c. 34, Sched. 35, s. 24; 2020, c. 18, Sched. 18, s. 2 (7).

Rescheduling time of trial

(6) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (5). 2009, c. 33, Sched. 4, s. 1 (5).

Section Amendments with date in force (d/m/y)

1993,c.31,s.1 (2) - 15/08/1994

2009, c. 33, Sched. 4, s. 1 (5) - 31/03/2012

2017, c. 34, Sched. 35, s. 24 - 14/12/2017

2020, c. 18, Sched. 18, s. 2 (1, 4, 6, 7) - 21/07/2020; 2020, c. 18, Sched. 18, s. 2 (2, 3, 5) - 21/07/2021

Availability of meeting procedure

5.1 (1) This section applies if the offence notice indicates that an option of a meeting with the prosecutor to discuss the resolution of the offence is available. 2020, c. 18, Sched. 18, s. 3 (1).

Requesting a meeting

(2) A defendant may, instead of giving notice of intention to appear under section 5, request a meeting with the prosecutor to discuss the resolution of the offence if, within 15 days after being served with the offence notice, the defendant,

(a) indicates the request on the offence notice; and

(b) delivers the offence notice to the court office specified in the offence notice by mail or in any other manner specified in the offence notice. 2020, c. 18, Sched. 18, s. 3 (1).

Specified court office

(2.1) An offence notice is...