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Provincial Offences Act

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

Consolidation Period: From June 30, 2008 to the e-Laws currency date.

Last amendment: 2006, c. 21, Sched. E.

SKIP TABLE OF CONTENTS

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”)

“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 the Attorney General or, where the Attorney General does not intervene, means the person who issues a certificate or lays an information and includes an agent acting on behalf of either of them; (“poursuivant”)

“provincial offences officer” means a police officer or 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 of fine set by the Chief Justice of the Ontario Court of Justice for an offence for the purpose of proceedings commenced 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).

(2)  Repealed: 2002, c. 17, Sched.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).

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.

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, a certificate of offence certifying that an offence has been committed and,

(a) an offence notice indicating the set fine for the offence; or

(b) a summons,

in the form prescribed under section 13.

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 (1-3).

Signature

(4) Upon the service of an offence notice or summons, the person charged may be requested to sign the certificate of offence, but the failure or refusal to sign as requested does not invalidate the certificate of offence or the service of the offence notice or summons. R.S.O. 1990, c. P.33, s. 3 (4); 1993, c. 31, s. 1 (1).

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.

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.

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.

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 (5-8).

Filing of certificate of offence

4.  A certificate of offence shall be filed in the office of the court as soon as is practicable after service of the offence notice or summons. R.S.O. 1990, c. P.33, s. 4.

Intention to appear

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 by so indicating on the offence notice and delivering the notice to the court office specified in it. 1993, c. 31, s. 1 (2).

Notice of trial

(2) Where an offence notice is received under subsection (1), the clerk of the court shall, as soon as is practicable, give notice to the defendant and prosecutor of the time and place of the trial. R.S.O. 1990, c. P.33, s. 5 (2).

Attendance to file notice, prescribed parts of Ontario

5.1  (1)  This section applies in such parts of Ontario as are designated by regulation. 1993, c. 31, s. 1 (3).

s. 5 inapplicable

(2)  Section 5 does not apply where this section applies. 1993, c. 31, s. 1 (3).

Filing

(3)  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 by attending in person or by representative at the court office specified in the offence notice at the time or times specified in the offence notice and filing a notice of intention to appear with the clerk of the court. 1993, c. 31, s. 1 (3); 2006, c. 21, Sched. C, s. 131 (3).

Form of notice

(4)  A notice of intention to appear shall be in the form prescribed under section 13. 1993, c. 31, s. 1 (3).

Trial

(5)  If a defendant files a notice of intention to appear under subsection (3), the clerk of the court shall inform the defendant and the prosecutor of the time and place of the trial. 1993, c. 31, s. 1 (3).

Challenge to officer’s evidence

5.2  (1) A defendant who gives notice of an intention to appear in court for the purpose of entering a plea and having a trial of the matter shall indicate on the notice of intention to appear or offence notice if the defendant intends to challenge the evidence of the provincial offences officer.

Notifying officer

(2) If the defendant indicates an intention to challenge the officer’s evidence, the clerk of the court shall notify the officer. 1993, c. 31, s. 1 (3).

Dispute without appearance, prescribed parts of Ontario

6.  (1) Where an offence notice is served on a defendant whose address as shown on the certificate of offence is outside the county or district in which the office of the court specified in the notice is situate, and the defendant wishes to dispute the charge but does not wish to attend or be represented at a trial, the defendant may do so by signifying that intention on the offence notice and delivering the offence notice to the office of the court specified in the notice together with a written dispute setting out with reasonable particularity the defendant’s dispute and any facts upon which the defendant relies.

Disposition

(2) Where an offence notice is delivered under subsection (1), a justice shall, in the absence of the defendant, consider the dispute and,

(a) where the dispute raises an issue that may constitute a defence, direct a hearing; or

(b) where the dispute does not raise an issue that may constitute a defence, convict the defendant and impose the set fine.

Hearing

(3) Where the justice directs a hearing under subsection (2), the court shall hold the hearing and shall, in the absence of the defendant, consider the evidence in the light of the issues raised in the dispute, and acquit the defendant or convict the defendant and impose the set fine or such lesser fine as is permitted by law.

Application of section

(4) This section applies in such part or parts of Ontario as are prescribed by the regulations. R.S.O. 1990, c. P.33, s. 6.

Plea of guilty with representations

7.  (1) Where an offence notice is served on a defendant who does not wish to dispute the charge but wishes to make submissions as to penalty, including the extension of time for payment, the defendant may attend at the time and place specified in the notice and may appear before a justice sitting in court for the purpose of pleading guilty to the offence and making submissions as to penalty, and the justice may enter a conviction and impose the set fine or such lesser fine as is permitted by law.

Submissions under oath

(2) The justice may require submissions under subsection (1) to be made under oath, orally or by affidavit. R.S.O. 1990, c. P.33, s. 7.

Payment out of court

8.  (1) Where an offence notice is served on a defendant who does not wish to dispute the charge, the defendant may sign the plea of guilty on the offence notice and deliver the offence notice and amount of the set fine to the office of the court specified in the notice.

Conviction

(2) Acceptance by the court office of payment under subsection (1) constitutes a plea of guilty whether or not the plea is signed and endorsement of payment on the certificate of offence constitutes the conviction and imposition of a fine in the amount of the set fine for the offence. R.S.O. 1990, c. P.33, s. 8.

Failure to respond to offence notice

9.  (1) Where at least fifteen days have elapsed after the defendant was served with the offence notice and the offence notice has not been delivered in accordance with section 6 or 8 and a plea of guilty has not been accepted under section 7, the defendant shall be deemed to not wish to dispute the charge and a justice shall examine the certificate of offence and,

(a) where the certificate of offence is complete and regular on its face, the justice shall enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or

(b) where the certificate of offence is not complete and regular on its face, the justice shall quash the proceeding.

Where conviction without proof of by-law

(2) Where a defendant is deemed to not wish to dispute a charge under subsection (1) in respect of an offence under a by-law of a municipality, the justice shall enter a conviction under clause (1) (a) without proof of the by-law that creates the offence if the certificate of offence is complete and regular on its face. R.S.O. 1990, c. P.33, s. 9.

Failure to appear at trial

9.1  (1) If a defendant who has given notice of an intention to appear fails to appear at the time and place appointed for the hearing, the defendant shall be deemed not to dispute the charge.

Examination by justice

(2) If subsection (1) applies, section 54 does not apply, and a justice shall examine the certificate of offence and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face.

Quashing proceeding

(3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 1 (3).

Signature on notice

10.  A signature on an offence notice or notice of intention to appear purporting to be that of the defendant is proof, in the absence of evidence to the contrary, that it is the signature of the defendant. 1993, c. 31, s. 1 (4).

Reopening

11.  (1) If a defendant who has been convicted without a hearing attends at the court office during regular office hours within fifteen days of becoming aware of the conviction and appears before a justice requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or a notice or document relating to the offence was not delivered.

If conviction struck out

(2) If the justice strikes out the conviction, he or she shall give the defendant and the prosecutor a notice of trial or proceed under section 7.

Trial

(3) If a notice of trial is given, the defendant shall indicate on the notice of intention to appear or offence notice if the defendant intends to challenge the evidence of the provincial offences officer who completed the certificate of offence.

Notifying officer

(4) If the defendant indicates an intention to challenge the officer’s evidence, the clerk of the court shall notify the officer.

Certificate

(5) A justice who strikes out a conviction under subsection (1) shall give the defendant a certificate of the fact in prescribed form. 1993, c. 31, s. 1 (5).

Consequences of conviction

Penalty

12.  (1) Where the penalty prescribed for an offence includes a fine of more than $500 or imprisonment and a proceeding is commenced under this Part, the provision for fine or imprisonment does not apply and in lieu thereof the offence is punishable by a fine of not more than the maximum fine prescribed for the offence or $500, whichever is the lesser. R.S.O. 1990, c. P.33, s. 12 (1).

Other consequences of conviction

(2) Where a person is convicted of an offence in a proceeding initiated by an offence notice,

(a) a provision in or under any other Act that provides for an action or result following upon a conviction of an offence does not apply to the conviction, except,

(i) for the purpose of carrying out the sentence imposed,

(ii) for the purpose of recording and proving the conviction,

(iii) for the purposes of giving effect to any action or result provided for under the Highway Traffic Act, and

(iv) Repealed: 2004, c. 22, s. 7 (2).

(v) for the purposes of section 16 of the Smoke-Free Ontario Act; and

(b) any thing seized in connection with the offence after the service of the offence notice is not liable to forfeiture. R.S.O. 1990, c. P.33, s. 12 (2); 1994, c. 10, s. 23; 2004, c. 22, s. 7; 2005, c. 18, s. 18.

Regulations

13.  (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the form of certificates of offence, offence notices and summonses and such other forms as are considered necessary under this Part;

(b) authorizing the use in a form prescribed under clause (a) of any word or expression to designate an offence;

(c) respecting any matter that is considered necessary to provide for the use of the forms under this Part;

(d) designating areas of Ontario for purposes of section 5.1. R.S.O. 1990, c. P.33, s. 13 (1); 1993, c. 31, s. 1 (6).

Sufficiency of abbreviated wording

(2) The use on a form prescribed under clause (1) (a) of any word or expression authorized by the regulations to designate an offence is sufficient for all purposes to describe the offence designated by such word or expression.

Idem

(3) Where the regulations do not authorize the use of a word or expression to describe an offence in a form prescribed under clause (1) (a), the offence may be described in accordance with section 25. R.S.O. 1990, c. P.33, s. 13 (2, 3).

PART II
COMMENCEMENT OF PROCEEDINGS FOR PARKING INFRACTIONS

“Parking infraction”, Part II

14.  In this Part,

“parking infraction” means any unlawful parking, standing or stopping of a vehicle that constitutes an offence. 1992, c. 20, s. 1 (1).

Proceeding, parking infraction

14.1  In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of a parking infraction may be commenced in accordance with this Part. 1992, c. 20, s. 1 (1).

Certificate and notice of parking infraction

15.  (1) A provincial offences officer who believes from his or her personal knowledge that one or more persons have committed a parking infraction may issue,

(a) a certificate of parking infraction certifying that a parking infraction has been committed; and

(b) a parking infraction notice indicating the set fine for the infraction.

Idem

(2) The provincial offences officer shall complete and sign the certificate and notice in the form prescribed under section 20.

Municipal by-laws

(3) If the alleged infraction is under a by-law of a municipality, it is not necessary to include a reference to the number of the by-law on the certificate or notice.

Service on owner

(4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice,

(a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infraction; or

(b) by delivering it personally to the person having care and control of the vehicle at the time of the alleged infraction.

Service on operator

(5) The issuing provincial offences officer may serve the parking infraction notice on the operator of a vehicle by delivering it to the operator personally at the time of the alleged infraction.

Certificate of service

(6) The issuing provincial offences officer shall certify on the certificate of parking infraction that he or she served the parking infraction notice on the person charged and the date and method of service.

Certificate as evidence

(7) If it appears that the provincial offences officer who issued a certificate of parking infraction has certified service of the parking infraction notice and signed the certificate, the certificate shall be received in evidence and is proof of service unless there is evidence to the contrary. 1992, c. 20, s. 1 (1).

Payment out of court

16.  A defendant who does not wish to dispute the charge may deliver the notice and amount of the set fine to the place shown on the notice. 1992, c. 20, s. 1 (1).

Intention to appear

17.  (1) A defendant who is served with a parking infraction notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter by so indicating on the parking infraction notice and delivering the notice to the place specified in it.

Proceeding commenced

(2) If a defendant gives notice of an intention to appear, a proceeding may be commenced in respect of the charge if it is done within seventy-five days after the day on which the alleged infraction occurred. 1993, c. 31, s. 1 (7).

Idem

(3) The proceeding shall be commenced by filing in the office of the court,

(a) the certificate of parking infraction; and

(b) if the parking infraction is alleged against the defendant as owner of a vehicle, evidence of the ownership of the vehicle. 1992, c. 20, s. 1 (1).

Notice of trial

(4) As soon as practicable after the proceeding is commenced, the clerk of the court or a person designated by the regulations shall give notice to the defendant and prosecutor of the time and place of the trial. 1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (8).

Certificate not invalid without by-law number

(5) A certificate of parking infraction issued for an infraction under a by-law of a municipality is not insufficient or irregular by reason only that it does not identify the by-law that creates the offence if the notice of trial given to the defendant identifies the by-law. 1992, c. 20, s. 1 (1).

Attendance to file notice, prescribed municipalities

17.1  (1)  This section applies within the municipalities designated by regulation. 1993, c. 31, s. 1 (9).

Subss. 17 (1), (3) and (4) inapplicable

(2)  Subsections 17 (1), (3) and (4) do not apply in a municipality in which this section applies. 1994, c. 27, s. 52 (1).

Filing

(3)  A defendant who is served with a parking infraction notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter by attending in person or by representative at the place specified in the parking infraction notice at the time or times specified in the parking infraction notice and filing a notice of intention to appear with a person designated by the regulations. 1993, c. 31, s. 1 (9); 2006, c. 21, Sched. C, s. 131 (3).

Notice

(4)  The notice of intention to appear shall be in the form prescribed under section 20. 1993, c. 31, s. 1 (9).

Proceeding commenced

(5)  The proceeding shall be commenced by filing the certificate of parking infraction in the office of the clerk of the court or the person designated by the regulations. 1994, c. 27, s. 52 (2).

Notice of trial

(6)  As soon as practicable after the proceeding is commenced, the clerk of the court or the person designated by the regulations shall give notice to the defendant and the prosecutor of the time and place of the trial. 1994, c. 27, s. 52 (2).

Evidence required at trial

(7)  The court shall not convict the defendant unless the following are presented at the trial:

1. If the parking infraction is alleged against the defendant as owner of a vehicle, evidence of the ownership of the vehicle.

2. A copy of the notice of trial, with the certificate of the person who issued the notice under subsection (6), stating that the notice was given to the defendant and to the prosecutor and stating the date on which this was done.

3. The certificate of parking infraction. 1994, c. 27, s. 52 (2).

Failure to respond

18.  (1) The person designated by the regulations may give the defendant a notice of impending conviction if,

(a) at least fifteen days and no more than thirty-five days have elapsed since the alleged infraction occurred;

(b) the defendant has not paid the fine; and

(c) a notice of intention to appear has not been received. 1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (10).

Form of notice

(2) The notice shall be in the form prescribed under section 20.

Contents of notice

(3) The notice shall,

(a) indicate the set fine for the infraction; and

(b) indicate that a conviction will be registered against the defendant unless the defendant pays the set fine or gives notice of an intention to appear in court for the purpose of entering a plea and having a trial of the matter. 1993, c. 31, s. 1 (11).

Intention to appear

18.1  (1) A defendant who receives a notice of impending conviction may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter by so indicating on the notice of impending conviction and delivering the notice to the place specified in it.

Proceeding commenced

(2) If a defendant gives notice of an intention to appear after a notice of impending conviction has been given, a proceeding may be commenced in respect of the charge if it is done within seventy-five days after the day on which the alleged infraction occurred. 1993, c. 31, s. 1 (12).

Idem

(3) The proceeding shall be commenced by filing in the office of the court,

(a) the certificate of parking infraction; and

(b) if the parking infraction is alleged against the defendant as owner of a vehicle, evidence of the ownership of the vehicle. 1992, c. 20, s. 1 (1).

Notice of trial

(4) As soon as practicable after the proceeding is commenced, the clerk of the court or a person designated by the regulations shall give notice to the defendant and prosecutor of the time and place of the trial. 1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (13).

Response to impending conviction notice, prescribed municipalities

18.1.1  (1)  This section applies within the municipalities designated by regulation. 1993, c. 31, s. 1 (14).

Subss. 18.1 (1), (3) and (4) inapplicable

(2)  Subsections 18.1 (1), (3) and (4) do not apply in a municipality in which this section applies. 1994, c. 27, s. 52 (3).

Subss. 17.1 (5), (6) and (7) applicable

(2.1)  Subsections 17.1 (5), (6) and (7) apply to a proceeding begun under this section. 1994, c. 27, s. 52 (3).

Filing notice of intention to appear

(3)  A defendant who receives a notice of impending conviction may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter by attending in person or by representative at the place specified in the notice of impending conviction at the time or times specified in the notice of impending conviction and filing a notice of intention to appear with a person designated by the regulations. 1993, c. 31, s. 1 (14); 2006, c. 21, Sched. C, s. 131 (3).

Form of notice

(4)  The notice of intention to appear shall be in the form prescribed under section 20. 1993, c. 31, s. 1 (14).

Challenge to officer’s evidence

18.1.2  (1) A defendant who gives notice of an intention to appear under subsection 17 (1), 17.1 (3), 18.1 (1) or 18.1.1 (3) shall indicate on the notice of intention to appear or parking infraction notice if the defendant intends to challenge the evidence of the provincial offences officer who completed the certificate of parking infraction.

Notifying officer

(2) If the defendant indicates an intention to challenge the officer’s evidence, the clerk of the court or a person designated by the regulations shall notify the officer. 1993, c. 31, s. 1 (14).

No response to impending conviction notice

18.2  (1) A defendant who has been given a notice of impending conviction shall be deemed not to dispute the charge if fifteen days have elapsed since the defendant was given the notice, the fine has not been paid and a notice of intention to appear has not been received.

Request for conviction

(1.1) If subsection (1) applies, the person designated by the regulations may prepare and sign a certificate requesting a conviction in the form prescribed under section 20. 1993, c. 31, s. 1 (15).

Idem

(2) The certificate requesting a conviction shall state,

(a) that the certificate of parking infraction is complete and regular on its face;

(b) if the defendant is liable as owner, that the person is satisfied that the defendant is the owner;

(c) that there is valid legal authority for charging the defendant with the parking infraction;

(d) that the defendant was given a notice of impending conviction at least fifteen days before the certificate requesting a conviction is filed;

(e) that the alleged infraction occurred less than seventy-five days before the certificate requesting a conviction is filed; and

(f) the prescribed information. 1992, c. 20, s. 1 (1).

Idem

(3) If the certificate of parking infraction was issued for an infraction under a by-law of a municipality, the certificate requesting a conviction shall also state,

(a) that payment of the set fine has not been made; and

(b) that the defendant has not given notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter. 1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (16).

Idem

(4) A certificate requesting a conviction purporting to be signed by the person authorized to prepare it shall be received in evidence and is proof, in the absence of evidence to the contrary, of the facts contained in it.

Proceeding commenced

(5) A proceeding may be commenced in respect of the charge by filing the certificate requesting a conviction in the office of the court, but only if the certificate is filed within seventy-five days after the alleged infraction occurred. 1992, c. 20, s. 1 (1).

Recording of conviction

(6) Upon receiving a certificate requesting a conviction, the clerk of the court shall record a conviction and the defendant is then liable to pay the set fine for the offence. 1993, c. 31, s. 1 (17).

Application where ticket defective

18.3  (1) A defendant who is convicted of a parking infraction under section 18.2 may, within fifteen days after becoming aware of the conviction, apply to a justice requesting that the conviction be struck out for the reason that the parking infraction notice is defective on its face.

Idem

(2) On an application by the defendant, if a justice is satisfied that the parking infraction notice is defective on its face, the justice shall strike out the conviction and shall order that the municipality or other body that issued the certificate requesting a conviction pay $25 in costs to the defendant. 1992, c. 20, s. 1 (1).

Failure to appear at trial

18.4  (1) If a defendant who has given notice of intention to appear fails to appear at the time and place appointed for the hearing, the defendant shall be deemed not to dispute the charge.

Examination by justice

(2) If subsection (1) applies, section 54 does not apply, and a justice shall examine the certificate of parking infraction and shall without a hearing enter a conviction in the defendant’s absence and impose the set fine for the offence if the certificate is complete and regular on its face.

Owner liability

(3) Despite subsection (2), if the defendant is alleged to have committed the parking infraction as owner of the vehicle involved in the infraction, the justice shall not enter a conviction and impose the set fine unless he or she is satisfied that the defendant is the owner of the vehicle.

Entering conviction

(4) The justice shall enter a conviction with respect to a parking infraction under a by-law of a municipality without proof of the by-law that creates the offence if the justice is satisfied that the other criteria for entering a conviction have been met.

Quashing proceeding

(5) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 1 (18).

Error by municipality

18.5  (1) A municipality or other body may apply to a justice requesting that a conviction respecting a parking infraction be struck out if the defendant was convicted because of an error made by the municipality or other body.

Idem

(2) On an application by a municipality or other body, if a justice is satisfied that an error was made, the justice shall strike out the conviction.

Idem

(3) If the justice strikes out the conviction, the municipality or other body shall notify the defendant of that fact. 1992, c. 20, s. 1 (1).

Municipalities to collect fines

18.6  (1) Subject to the regulations, the municipalities authorized to do so by the regulations shall collect and retain for their own purposes the fines levied for convictions respecting parking infractions under their by-laws.

Notice to municipality

(2) If a conviction is entered respecting a parking infraction under a by-law of a municipality to which subsection (1) applies, the clerk of the court shall give notice of the conviction to the clerk of the municipality.

Notice of fine

(3) If the clerk of a municipality receives notice of a conviction, the clerk of the municipality or the person designated by the clerk shall give notice to the person against whom the conviction is entered, in the form prescribed under section 20, setting out the date and place of the infraction, the date of the conviction and the amount of the fine.

If default

(4) If the fine is in default, the clerk of the municipality may send notice to the person designated by the regulations certifying that it is in default.

Idem

(5) If a conviction is entered respecting a parking infraction and the parking infraction is not under a by-law of a municipality to which subsection (1) applies, the clerk of the court shall give notice to the person against whom the conviction is entered of the date and place of the infraction, the date of the conviction and the amount of the fine. 1992, c. 20, s. 1 (1).

Reopening

19.  (1) If a defendant who has been convicted of a parking infraction without a hearing applies to a justice within fifteen days after becoming aware of the conviction requesting that the conviction be struck out, the justice shall strike out the conviction if he or she is satisfied by affidavit of the defendant or otherwise that, through no fault of the defendant, the defendant was unable to appear for the hearing or the defendant never received any notice or document relating to the parking infraction.

If conviction struck out

(2) If the justice strikes out the conviction, he or she shall give the defendant and the prosecutor a notice of trial or accept a plea of guilty and impose the set fine.

Trial

(3) If a notice of trial is given, the defendant shall indicate on the notice of intention to appear or such form as is prescribed if the defendant intends to challenge the evidence of the provincial offences officer who completed the certificate of parking infraction.

Notifying officer

(4) If the defendant indicates an intention to challenge the officer’s evidence, the clerk of the court shall notify the officer. 1993, c. 31, s. 1 (19).

Regulations

20.  (1) The Lieutenant Governor in Council may make regulations,

(a) prescribing the forms that are considered necessary under this Part;

(b) authorizing the use in a form under this Part of any word or expression to designate a parking infraction;

(c) respecting any matter that is considered necessary to provide for the use of the forms under this Part;

(d) prescribing information that is required to be included in a parking infraction notice, a notice of impending conviction or a certificate requesting a conviction;

(e) designating the persons or classes of persons who are required to prepare a notice of impending conviction or a certificate requesting a conviction for municipalities and for other bodies on whose behalf parking infraction notices are issued;

(e.1) designating a person or class of persons for the purposes of subsection 17 (4), 17.1 (3), 17.1 (5), 17.1 (6), 18.1 (4), 18.1.1 (3) or 18.1.2 (2);

(f) providing that the procedure set out in subsections 18.4 (2) to (10) is to apply to all proceedings under this Part;

(g) authorizing Ontario to pay allowances to municipalities and other bodies that issue notices of impending conviction and that collect fines under this Part, providing for the payment of those allowances from the court costs received in connection with the fines levied under this Part and fixing the amount of the allowances;

(h) designating the municipalities that are authorized to collect and retain fines for parking infractions, authorizing them to retain the allowances referred to in clause (g) and requiring them to remit the remainder of the court costs to Ontario;

(i) prescribing the information to be included in a notice certifying that a fine is in default under subsection 18.6 (4) and designating the person to whom the notice is to be sent;

(j) designating municipalities for the purposes of sections 17.1 and 18.1.1. 1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (20, 21); 1994, c. 27, s. 52 (4).

Sufficiency of abbreviations

(2) The use on a form prescribed under clause (1) (a) of any word or expression authorized by the regulations to designate a parking infraction is sufficient for all purposes to describe the infraction designated by such word or expression. 1992, c. 20, s. 1 (1).

Idem

(3) Where the regulations do not authorize the use of a word or expression to describe a parking infraction in a form prescribed under clause (1) (a), the offence may be described in accordance with section 25. 1992, c. 20, s. 1 (1).

Note: Part II of this Act, as it read immediately before September 1, 1993 continues to apply to proceedings that were commenced before September 1, 1993. See: 1992, c. 20, s. 3.

PART III
COMMENCEMENT OF PROCEEDING BY INFORMATION

Commencement of proceeding by information

21.  (1)  In addition to the procedure set out in Parts I and II for commencing a proceeding by the filing of a certificate, a proceeding in respect of an offence may be commenced by laying an information. R.S.O. 1990, c. P.33, s. 21 (1).

Exception

(2)  Where a summons or offence notice has been served under Part I, no proceeding shall be commenced under subsection (1) in respect of the same offence except with the consent of the Attorney General or his or her agent. R.S.O. 1990, c. P.33, s. 21 (2); 2006, c. 21, Sched. C, s. 131 (4).

Summons before information laid

22.  Where a provincial offences officer believes, on reasonable and probable grounds, that an offence has been committed by a person whom the officer finds at or near the place where the offence was committed, he or she may, before an information is laid, serve the person with a summons in the prescribed form. R.S.O. 1990, c. P.33, s. 22.

Information

23.  (1) Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence and the justice shall receive the information.

Idem

(2) An information may be laid anywhere in Ontario. R.S.O. 1990, c. P.33, s. 23.

Procedure on laying of information

24.  (1) A justice who receives an information laid under section 23 shall consider the information and, where he or she considers it desirable to do so, hear and consider in the absence of the defendant the allegations of the informant and the evidence of witnesses and,

(a) where he or she considers that a case for so doing is made out,

(i) confirm the summons served under section 22, if any,

(ii) issue a summons in the prescribed form, or

(iii) where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; or

(b) where he or she considers that a case for issuing process is not made out,

(i) so endorse the information, and

(ii) where a summons was served under section 22, cancel it and cause the defendant to be so notified.

Summons or warrants in blank