Understanding Provincial Offences Act

This document provides a comprehensive overview of Part 1 of the Provincial Offences Act in Ontario. It explains how proceedings are initiated through certificates of offence, outlines less serious offences such as driving without a license or consuming alcohol in public, and details client options like pleading guilty, early resolution, trial, or deemed not to dispute charges. The document also explores potential outcomes for each option and suggests alternative enforcement methods for minor offenses.

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HTA OFFENCES R US
The HTA Offences R US presents the information sheet for the purpose of informing you
about the minor offences that are stated under the procedures of Part I of the Provincial
Offences Act. This sheet shows various options and their procedures available to the clients in
case of offence notice served to them under part 1 of this Act.

Part 1 of the Act sates, provisions related to the certificate of offence and offence notice. As per this Part
proceedings under this Act are commenced through certificate of offense. This part applied in less serious offences
such as fail to carry driving license or consuming alcohol at public place. However offences related to Highway
usually include:
 Careless driving, speeding, not wearing seat belt.
 Driving without the insurance.
 Consuming Liquor in vehicle while driving.
While describing the offences related to part 1 it is assumed that these are less serious offences. This can be
described in more accurate way which states that, provincial offences officer has been elected to precede the matter
in way of less formal ticketing process instead of presenting the person in the Court under Part III mechanism.
Maximum fine for offences under part 1 is $1,000 and imprisonment is not a permitted penalty.
When notice is served by enforcement officer to the person, then at that time officer will also file certificate of
offence in the court for the purpose of initiating a proceeding. It must be noted that speeding ticket is considered as
ofence notice. Notice related to offence state the fine imposed on person for offense. It must be noted that set fines
are decided by Chief Justice of the Ontario Court of Justice.

Client’s Options:

If client does not want to dispute the charges then client
have option to pay the set fine which includes applicable
charge or surcharge fixed by Court. If client pay the fine
then it is considered as plea of guilty, and conviction of
defendant.
Plea of Guilty:
In case client does not want to dispute the charges but wants
to make representation in lieu of penalty for the purpose of
reducing the fine or wants to extend the time, then client has
option to present before the justice at that time and date
which is specified in notice of offense.
Early Resolution:
If client wants to enter a plea and wants trial on that matter
then client can give notice of intention for the purpose of
appear in Court.
Trial Option

Procedures & Possible Outcome:
Plea of guilty:

Procedure related to this option is stated under section 7 of the Act, and as per this section:
Possible Outcome:
This option is best for those clients who do not want to dispute the charges, but requires extension for submitting
the penalty imposed by the Court or wants to make any changes in the fine imposed by Court. Chances of success
related to Plea of guilty are high as it only requires time of changes in penalty.
Early Resolution:
Procedure related to this option is stated under section 8 of the Act, and as per this section:
If defendant does not want
to dispute the charge then
defendant can choose this
option and submit the set
penalty.
if defendant requires extra
time or want to make any
submission regarding
penalty then defendant can
attent the Court at the date
and time specified in the
offense notice.
Defedant has to make those
submissions under otah,
oraly, or by affidavit.

Possible Outcome:
This option is best for those clients who do not want to dispute the charges, and wants out of Court settlement then
they can opt this option by making out of Court payment without filing any submission regarding penalty. This is
the method of early resolution.
Trial:
Procedure related to this option is stated under section 5 of the Act, and as per this section:
If defendant does not
want to dispute the
charge then defendant
can choose this option
and submit the set
penalty.
if defendant choose this
option then it is
considered that defendant
constiitutes plea of guilty.
it is also considered that
defendant convected for
an offence.

Possible Outcome:
This option is for those clients who want to dispute the charges, and challenge the Court. Chances of this option
completely depend on facts and circumstances of the case and also the evidences present by the party.
Deemed not to dispute charges:
defendant wants to dispute the
charge than he can serve notice
of intention for the purpose of
appear in the Court.
notice of intention to appear must
be filed in person which means
either by defendant itself or by
representative.
after recieving notice of intention
clerk of the Court send notice of
trial to the defendant.
this notice states the prosecotor,
time and date of trial.
Howver this time can be
reschedule on the basis of
administartive reasons
this option also contains the
availability of meeting procedure
which includes meeting of
defendant with prosecotor and i
their meeting defendant also has
option to opt for plae of guiltty.

As per our recommendation consideration must be given to moving the prosecution of minor Part I offences out of the POA, and also suggest that
some might be more effectively enforced through a system of administrative monetary penalties.
S e c tio n 9 It must be noted that if defendant fails to opt any
above stated options within the period of 15 days of
serving the notice related to offense. It is assumed
by the Court that defendant does not want to dispute
the charge, and in case certificate of offense is
complete then justice enter conviction in the
absence defendant.
In case defendant wants to enter plea and have a
trial, then clerk of the Court will send notice related
to date and time of trial and process related to trial
and sentencing is stated under Part IV of the Act.