Provincial Offences Act Parts I &III (required reading) PDF

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Provincial offenses notes. Prof: Lisa Brown ...

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Provincial Offences Act (POA) – Parts I & III

What is the Provincial Offences Act? The Provincial Offences Act (POA) is a procedural code that administered regulatory offences created by provincial statutes and municipal by-laws (this course focuses on provincial laws). It outlines the general rules/procedures to:   

Lay a provincial charge (i.e. the proper forms/procedures to use to issue a ticket or summons) Enforce provincial laws (i.e. police/provincial offences officer ensure rules are follow; enforce the laws) Prosecute provincial offences (i.e. procedures to bring the charge to its conclusion – pay the fine, request a trial)

What types of offences are included in the POA?  

There are 7 mostly procedural type offences in the POA (i.e. fail to appear in court, breach of probation, contempt of court) Other than the procedural type offences, there are no other offences in the POA. Provincial offences are outlined in individual statutes (i.e. Liquor Licence Act, Highway Traffic Act, Trespass to Property Act) What is the purpose of the Provincial Offences Act?

POA deals with prosecuting provincial offences and municipal by-laws, not federal (criminal) offences. 

Separates provincial offence procedures (which are fairly simple) from the more complex criminal offence procedures

POA makes managing provincial offences simple.  

Laying a provincial offence charge is fairly simple; person usually gets a ticket for minor provincial offences, or sometimes a summons for the most serious provincial offences Person charged with a provincial offence can resolve the issue quickly and simply (pay the ticket) POA makes managing provincial offences consistent.

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Process for laying a provincial charge is consistent; same form (ticket) is issued for all minor provincial offences (same ticket for speeding, trespassing, drinking underage, public intoxication, etc.) People issued a ticket follow the same procedures to resolve the charge (the procedures for paying, or fighting, the ticket is the same for the speeder, trespasser, public drunk, etc.)

POA makes managing provincial offences efficient.  

Having the same procedures for prosecuting all provincial offences reduces court costs and expenses (just makes the whole process more efficient) Reduces the number of cases dismissed in court because of minor errors (errors can be corrected in court)

The Provincial Offences Act also: 

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Answers recurring questions when answers are not provided by individual statutes. For example, statute of limitation to lay most provincial charges is 6 months; the statute of limitations will be indicated in the specific statute if it differs from the general 6 month rule (i.e. Liquor Licence Act charges can be laid 2 years after the offence occurred) Outlines the procedure for obtaining an arrest warrant for provincial offences; POA does not provide any arrest without warrant authority (except in S. 145 – reviewed later) Provincial Offences Act: Parts I & III

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Outlines the procedure for obtaining a search warrant for provincial offences (POA does not provide any search without warrant authority Provincial offences officer refers to each individual provincial statute for arrest and search authorities Outlines the special procedures for dealing with a “young person” charged with a provincial offence (this will be discussed in detail later)

Content of Provincial Offences Act The POA contains 10 Parts and each Part deals with a certain topic/issue/procedure, etc: PART I: Commencement of Proceedings by Certificate of Offence PART II: Commencement of Proceedings for Parking Infractions PART III: Commencement of Proceedings by Information PART IV: Trial and Sentencing PART V: General Provisions PART VI: Young Persons PART VII: Appeals and Review PART VIII: Arrest, Bail and Search Warrants PART IX: Orders on Application under Statutes PART X: Agreements with Municipalities Concerning Administrative Functions and Prosecutions See the link below to view the Provincial Offences Act in its entirety: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm Provincial Offence “Streams” (very important to remember) The procedures to lay and enforce a provincial offence charge are determined by its ‘seriousness’ and potential fine amount:  The procedures to lay/enforce/prosecute a very minor provincial offence are outlined in Part I of the POA (minor offences are also called a Part I offence)  The procedures to lay/enforce/prosecute a more serious provincial offence are outlined in Part III of the POA (serious offences are also called a Part III offence) Remember, even though there are “serious” provincial offences, they are still non-criminal (a conviction for any provincial offence, minor or serious, will not result in a criminal record) Provincial Offences Act: Part I Part I Overview The majority of provincial offences committed in Ontario are considered very minor (speeding, drinking underage, public intoxication, trespassing, etc.). • • • •

Part I of the POA outlines the very simple steps to lay/enforce/prosecute minor provincial offences A person found committing a minor provincial offence is issued a Provincial Offence Notice (PON), commonly called a “ticket” at the time the offence occurred Maximum penalty for a Part I minor offence is a $1000 fine No jail time for a Part I minor offence

Who can issue a Provincial Offence Notice (ticket)? A variety of police and non-police officers can issue tickets:

Provincial Offences Act: Parts I & III

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All municipal police officers can issue tickets (wide authority) Ontario Provincial Police can issue tickets (wide authority) Municipal by-law enforcement officers can issue tickets for municipal by-law infractions University/college police services can issue certain tickets (limited authority) Inspection, investigation and enforcement officers with provincial ministries such as the Ministry of Transportation, Ministry of Environment, Ministry of Labour, Ministry of Health, Ministry of Natural Resources, etc. can issue tickets (limited authority) GO Transit officers (limited authority)

Note: Some civilian government jobs in inspection, investigation and enforcement require a Special Constable designation. All of the above are potential careers options for you to consider. How is a Provincial Offence Notice (ticket) issued? Any of the above police or non-police officers who believe a provincial offence has been committed (no need to prove the person intended to commit the offence) can issue a ticket by:

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Completing Certificate of Offence Officer rips copy of Offence Notice from the ticket book, puts their original signature on the copy and then gives it to the defendant Officer also gives person Payment Notice (explains payment process) Officer completes Affidavit of Service on back of ticket in front of Justice of the Peace or Commissioner of Oath (most common) swearing ticket was issued. Affidavit contains officer’s signature, badge #, unit, date, and J.P./Commissioner’s signature Certificate of Offence is then filed with the court as soon as practicable but no more than 7days after service. Form 1 is usually put in a secured box where the officer works, then is forwarded for court processing by clerical staff

Note: Newly hired provincial offence officers receive thorough training on ticket writing procedures. What must a person do once issued a Provincial Offence Notice (ticket)? A person charged with a provincial offence is called the defendant. Very simple instructions for paying the fine or disputing the charge are outlined on the back of the ticket. The defendant must select one of the three options on the back of the ticket within 15 days. Note: If defendant does not respond to ticket within 15 days, the court assumes the defendant is not disputing the ticket and a conviction will be registered, with additional costs added to the fine. Most tickets are issued at the time the offence occurred but can be issued up to 30 days afterward. Three options are: Option 1: Plea Guilty – Voluntary Payment of Total Payable By choosing Option 1 the defendant indicates he/she will not fight the ticket; pleads guilty and forwards a cheque, money order or credit card information to the court address on the ticket, or pays on-line. Total fine amount includes the set fine, victim fine surcharge and costs. The victim fine surcharge is added to every set fine under the Provincial Offences Act and payment of the surcharge is mandatory. Option 2: Early Resolution – Meet with Prosecutor Option available if one wants to meet with a provincial prosecutor to discuss the possible early resolution of the charge. For example, he/she does not wish to dispute the charge but wants to explain/defend their actions (ask for fine reduction or more time to pay fine). Provincial Offences Act: Parts I & III

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The defendant can still request a trial if the meeting with the prosecutor does not resolve the charge If defendant does not attend the scheduled meeting – he/she may be convicted

If defendant lives more than 75 km from the courthouse he/she can request a meeting with the provincial prosecutor over the phone. Option 3: Trial Option – DO NOT MAIL      

Above option available if defendant wants to fight the ticket – intends to appear in court to plead not guilty Defendant/agent must attend the court office in person on specific day/time/location shown on the ticket to complete/file a notice of intention to appear in court (cannot mail trial request) At trial, the prosecutor and/or police officer will be available to discuss the charge A Justice of the Peace hears over 90% of provincial offence cases Defendant, or an “agent” of the defendant, must attend court with the ticket If defendant fails to appear for trial, they may be convicted without a hearing, and the court will add costs, in addition to the fine

Note: A JP cannot remove or reduce the demerit points attached to traffic offences, or reduce the charge. By Regulation under the Highway Traffic Act, demerit points are applied by the Ministry of Transportation upon conviction and the court has no authority to intervene. How is the specific offence indicated on the ticket? Remember, the provincial offences officer carries one ticket book that is used to write tickets for any provincial offence (to keep the process simple, consistent and efficient).    

In any given day an officer could write a ticket for speeding (under the Highway Traffic Act), for trespassing (under the Trespass to Property Act), or drinking underage (under the Liquor Licence Act), etc. Three different offences, under three different acts, but the same ticket book is used There is a section on the ticket where the offence is outlined referencing the specific act/legislation Because the actual wording of the offence can be long and wordy, officers can use an abbreviation of the offence description

For example: Liquor Licence Act states “No person shall keep for sale, offer for sale or sell liquor except under the authority of a licence or permit to sell liquor or under the authority of a manufacturer’s licence.” There are 3 commonly used phrases for the above offences the officer can put on the ticket, depending on the circumstances of the offence:   

Unlawfully keep liquor for sale Unlawfully offer liquor for sale Unlawfully selling liquor Provincial Offences Act: Part III

Part III Overview Although provincial offences are considered minor (and always non-criminal) some provincial offences are considered more serious. Part III of the Provincial Offences Act outlines the steps to lay/enforce/prosecute more serious provincial offences: •

A person who has committed a serious provincial offence is issued a summons and must appear in court (day/time/location indicated on the summons) or send someone to represent them (lawyer/paralegal) Provincial Offences Act: Parts I & III

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Part III offences don’t usually have a set fine; offence is designated NSF (no set fine); the court determines the fine amount not the issuing officer Fines for a Part III offence exceeds $1000 Can include jail term, but this is rare Defendant can be arrested if it is in the public’s interest How is a Part III proceeding started?

Part III proceedings are time-consuming but used when:   

The potential fine exceeds $1000 (more serious provincial offence) A jail sentence is possible upon conviction Part I and II offence proceedings could not be started within the 30 day period

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Provincial offences officer completes an information and summons and appears before a justice of the peace (an information is a written statement outlining the offence for which a summons/warrant is required) The officer swears that the contents of the information is true/accurate; if the JP is satisfied with the facts outlined, he/she will sign the information and summons The summons is then served on the defendant (rules for serving a summons will be outlined later) Wordings exist for provincial statute that tell the officer what words to write on the PON or summons in the offence area

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Part II of the Provincial Offences Act deals exclusively with municipal parking infractions and will not be discussed in this course (remember for quizzes/exam the rules to lay/enforce/prosecute municipal bylaws are also outlined in the POA).

Provincial Offences Act: Parts I & III

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