Podcast
Questions and Answers
What is sufficient for describing an offence on a form according to the regulations?
What is sufficient for describing an offence on a form according to the regulations?
- Any detailed explanation of the offence
- A descriptive paragraph outlining the offence
- The name of the individual committed the offence
- A word or expression authorized by the regulations (correct)
What is required for a proceeding to be commenced by laying an information?
What is required for a proceeding to be commenced by laying an information?
- A summons must have been served previously
- The laying must happen under oath before a justice (correct)
- The filing of a certificate is mandatory
- Only the consent of the Attorney General
What must happen if a summons has been served under Part I for the same offence?
What must happen if a summons has been served under Part I for the same offence?
- No further actions can occur until a court hearing
- Another summons should be issued prior to laying an information
- Consent of the Attorney General or agent is required to commence a proceeding (correct)
- Proceedings can still be commenced without restrictions
When may a provincial offences officer serve a summons before laying an information?
When may a provincial offences officer serve a summons before laying an information?
What does Section 23(1) permit any person to do regarding an alleged offence?
What does Section 23(1) permit any person to do regarding an alleged offence?
What does subsection 23(1.1) clarify about laying an information?
What does subsection 23(1.1) clarify about laying an information?
What characterizes an offence described in a form not authorized by regulations?
What characterizes an offence described in a form not authorized by regulations?
What is the consequence if an offence notice was served under Part I?
What is the consequence if an offence notice was served under Part I?
What must a provincial offences officer do when personally serving an offence notice?
What must a provincial offences officer do when personally serving an offence notice?
What should be done if service is made by someone other than the issuing provincial offences officer?
What should be done if service is made by someone other than the issuing provincial offences officer?
How is a certificate of service considered in terms of legal evidence?
How is a certificate of service considered in terms of legal evidence?
What is the maximum timeframe for filing a certificate of offence after service of the notice?
What is the maximum timeframe for filing a certificate of offence after service of the notice?
What must a defendant do to indicate their intention to appear in court?
What must a defendant do to indicate their intention to appear in court?
What is the maximum period allowed for a summons to be served after the alleged offence?
What is the maximum period allowed for a summons to be served after the alleged offence?
Which document is NOT mentioned as a means to commence proceedings regarding an offence?
Which document is NOT mentioned as a means to commence proceedings regarding an offence?
Which of the following is NOT a role of the provincial offences officer serving the notice?
Which of the following is NOT a role of the provincial offences officer serving the notice?
What is required for the affidavit of service?
What is required for the affidavit of service?
How soon must an intention to appear or meeting with the prosecutor be filed after receiving an offence notice?
How soon must an intention to appear or meeting with the prosecutor be filed after receiving an offence notice?
If a defendant does not respond to an offence notice, what can be inferred?
If a defendant does not respond to an offence notice, what can be inferred?
Who is authorized to issue a certificate of offence for an alleged offence?
Who is authorized to issue a certificate of offence for an alleged offence?
What must accompany a certificate of offence issued by a provincial offences officer?
What must accompany a certificate of offence issued by a provincial offences officer?
What type of offence is addressed through the certificate of offence document?
What type of offence is addressed through the certificate of offence document?
What is the maximum duration for filing a notice of trial after a summons is served?
What is the maximum duration for filing a notice of trial after a summons is served?
In the context of commencing proceedings, what does 'Part III' refer to?
In the context of commencing proceedings, what does 'Part III' refer to?
Who can issue a certificate or lay an information if neither the Attorney General nor referred persons act as prosecutor?
Who can issue a certificate or lay an information if neither the Attorney General nor referred persons act as prosecutor?
Which of the following is NOT considered a provincial offences officer?
Which of the following is NOT considered a provincial offences officer?
What is meant by the term 'set fine' in this context?
What is meant by the term 'set fine' in this context?
What distinguishes the new procedure for prosecuting provincial offences from the summary conviction procedure?
What distinguishes the new procedure for prosecuting provincial offences from the summary conviction procedure?
Which role can be appointed to enforce a by-law in a municipality according to the definition provided?
Which role can be appointed to enforce a by-law in a municipality according to the definition provided?
Which of the following accurately reflects the role of a minister of the Crown in the designation of provincial offences officers?
Which of the following accurately reflects the role of a minister of the Crown in the designation of provincial offences officers?
Which provision outlines the responsibilities of a provincial offences officer?
Which provision outlines the responsibilities of a provincial offences officer?
What does the term 'variation in wording' refer to in the context of aid to interpretation?
What does the term 'variation in wording' refer to in the context of aid to interpretation?
What must be included in a warrant issued under section 24?
What must be included in a warrant issued under section 24?
How long does a warrant issued under section 24 remain in force?
How long does a warrant issued under section 24 remain in force?
What is the nature of the surcharge as described in section 60.1?
What is the nature of the surcharge as described in section 60.1?
What happens to payments made by a defendant under section 60.1?
What happens to payments made by a defendant under section 60.1?
What does the table in Ontario Regulation 161/00 prescribe?
What does the table in Ontario Regulation 161/00 prescribe?
Which document does not contain a box for set fines?
Which document does not contain a box for set fines?
Where can the actual set fine for each offence be found?
Where can the actual set fine for each offence be found?
What document is associated with the intent to appear in court?
What document is associated with the intent to appear in court?
What happens if the justice strikes out the conviction?
What happens if the justice strikes out the conviction?
What is the maximum fine imposed for an offence punishable under the specified conditions?
What is the maximum fine imposed for an offence punishable under the specified conditions?
Which of the following is an exception to how convictions are treated once an offence notice is served?
Which of the following is an exception to how convictions are treated once an offence notice is served?
If a person is convicted following an offence notice, what is not subject to forfeiture?
If a person is convicted following an offence notice, what is not subject to forfeiture?
What is one of the responsibilities of the Attorney General concerning regulations?
What is one of the responsibilities of the Attorney General concerning regulations?
Which of the following is NOT a purpose for recording a conviction in relation to an offence notice?
Which of the following is NOT a purpose for recording a conviction in relation to an offence notice?
When do the provisions of penalty apply according to subsection 12(1)?
When do the provisions of penalty apply according to subsection 12(1)?
Which of the following options pertains to provisions that have been repealed?
Which of the following options pertains to provisions that have been repealed?
Flashcards
Provincial Offences Officer
Provincial Offences Officer
A police officer, constable, municipal law enforcement officer, by-law enforcement officer, municipality officer, employee, or agent responsible for enforcing by-laws, acts, or regulations.
Set Fine
Set Fine
The specified amount for an offence, determined by the Chief Justice or a regional senior judge of the Ontario Court of Justice, used in Part I or II proceedings.
Designation of Provincial Offences Officers
Designation of Provincial Offences Officers
A minister of the Crown can officially choose individuals or groups to be provincial offences officers for specific or all offenses.
Purpose of the Act
Purpose of the Act
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Attorney General
Attorney General
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Provincial Offences
Provincial Offences
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Criminal Offences
Criminal Offences
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Summary Conviction Procedure
Summary Conviction Procedure
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Certificate of Offence
Certificate of Offence
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Offence Notice
Offence Notice
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Summons (Offence Ticket)
Summons (Offence Ticket)
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Service (of Offence Notice/Summons)
Service (of Offence Notice/Summons)
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Time Limit for Service
Time Limit for Service
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Laying an Information
Laying an Information
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Part I POA Procedures
Part I POA Procedures
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Certificate of Service
Certificate of Service
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Affidavit of Service
Affidavit of Service
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Evidence of Service
Evidence of Service
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Officer's Agent Role
Officer's Agent Role
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Filing Certificate of Offence
Filing Certificate of Offence
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Defendant's Trial Notice
Defendant's Trial Notice
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Notice of Intention to Appear
Notice of Intention to Appear
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Methods for Notice of Intention
Methods for Notice of Intention
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Information
Information
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Summons before Information
Summons before Information
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Multiple Defendants
Multiple Defendants
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Commencement of Proceeding (by Information)
Commencement of Proceeding (by Information)
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Exception to Information
Exception to Information
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What is Part III?
What is Part III?
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Who can lay an information?
Who can lay an information?
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Warrant Contents
Warrant Contents
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Warrant Validity
Warrant Validity
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Surcharge
Surcharge
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Payment Priorities
Payment Priorities
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Victim Fine Surcharge
Victim Fine Surcharge
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Offence Notice ('Ticket')
Offence Notice ('Ticket')
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Summons (Part I)
Summons (Part I)
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What does 'striking out' a conviction mean?
What does 'striking out' a conviction mean?
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Notification after conviction is struck out
Notification after conviction is struck out
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Penalty for offences in POA proceedings
Penalty for offences in POA proceedings
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POA vs. Other Acts: consequences of conviction
POA vs. Other Acts: consequences of conviction
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Seizure of items after offence notice
Seizure of items after offence notice
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Who can make POA regulations?
Who can make POA regulations?
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Regulations by the Attorney General
Regulations by the Attorney General
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Purpose of POA regulations
Purpose of POA regulations
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Study Notes
Environmental Health Law - EHN 121 - Unit 11 - Provincial Offences Act
- This unit covers the Provincial Offences Act (POA), R.S.O. 1990, CHAPTER P.33, updated to August 2023.
- The last amendment was in 2023, c. 12, Sched. 7.
- The POA is composed of parts I, III, and a few other parts, relating to commencement of proceedings by certificate of offence, information, and sentencing.
Contents
- Part I: Commencement of Proceedings by Certificate of Offence
- Part III: Commencement of Proceedings by Information
- Part IV: Sentencing
- Other parts include Definitions, Purpose of Act, Commencement of Proceedings for Parking Infractions, Trial and Sentencing, General Provisions, Young Persons, Appeals and Review, Arrest, Bail and Search Warrants, Orders on Application under Statutes, and Agreements with Municipalities
Definitions
- certificate: A certificate of offence issued under Part I or a certificate of parking infraction issued under Part II.
- court: The Ontario Court of Justice
- electronic/electronically: Defined in the Electronic Commerce Act, 2000.
- judge: A provincial judge
- justice: A provincial judge or a justice of the peace
- offence: 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.
- police officer: A chief of police or other police officer, but not a special constable or by-law enforcement officer.
- prescribed: Defined by the rules of court.
- prosecutor: In a proceeding, usually either the Attorney General or the person issuing a certificate or laying an information, unless an agent of either is acting.
- provincial offences officer: A police officer, constable appointed under an act, municipal law enforcement officer under subsection 101 (4) of the Municipal Act, 2001 or 79 (1) of the City of Toronto Act, 2006, by-law enforcement officer of any municipality or of any local board, or an officer, employee or agent of any municipality who enforces a by-law, act or regulation.
- set fine: 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.
New in 2017
- Designation of provincial offences officers: A minister of the Crown can designate a person or class of persons as a provincial offences officer for all or any class of offences.
Part I - Commencement of Proceedings by Certificate of Offence
- A proceeding for an offence can be commenced by filing a certificate of offence alleging the offence in court, in addition to the information procedure.
- A provincial offences officer can issue a certificate of offence for an offence, including information on the set fine, if he believes one or more persons committed the offence.
Part III - Commencement of Proceedings by Information
- A proceeding for an offence can be commenced by laying an information, in additional to the certificate procedure.
- A summons may have already been served.
- An officer believes an offence was committed, can serve a summons in the prescribed form.
Procedure on Information Being Laid
- A justice receives the information, considers it, and may hear and consider allegations and witness evidence. May order summons, arrest if deemed valid, or warrant.
Counts
- Each offence in an information must be in a separate count.
- A count in an information applies to a single transaction and must contain a statement of the offence committed.
- If a count omits essential elements, a reference to the related statute is sufficient.
Summons
- A summons, issued under section 22 or 24, must specify the defendant, the offence, and require court attendance.
- The summons can be served personally or by leaving it at the defendant's last known address.
Service
- A summons concerning a corporation may be served on the mayor, warden, reeve, chief officer or clerk by delivery or registered mail.
Warrant
- A warrant issued under section 24 must name the defendant and the offence and order arrest and court appearance.
- A warrant issued under section 24 is valid until executed and doesn't require a return date.
Surcharge
- A surcharge is payable by a convicted person in an amount determined by regulations.
- Amounts paid will first be credited to the fine, then the surcharge.
Deemed not to dispute charge
- A defendant is deemed not to dispute the charge after 15 days, when no notice of intention to appear, or early resolution meeting is made, nor a plea of guilty.
- Exceptions are for meetings requested and attended or not attended but agreed to with the prosecutor
Examination of certificate of offence by clerk and justice
- If a defendant is deemed not to dispute the charge after 15 days, the clerk of the court may examine the certificate and impose the fine. A justice may do the same
- If defective, the proceeding is quashed
Application to Justice
- A defendant convicted in the absence of a hearing can apply to have the conviction struck out.
- This may work if there was an error on the certificate or inability to attend hearing or meeting
New September 2023
- Changes to conviction striking procedures.
- Specific details on how notice for rescheduling of a trial and subsequent procedures.
- An application for error in municipality procedures and actions
Error by municipality
- A municipality or other body can apply to have a conviction struck out due to mistakes.
- The municipality or body must notify the defendant if the conviction is struck out.
Consequences of conviction
- If a fine exceeds $1,000 or includes imprisonment, the penalty may become a maximum amount or less, whichever is lower.
- A conviction from an offence notice under part (1) does not generally trigger provisions in other acts
Regulations
- Regulations detailing offences and permissible words and expressions.
- The specific format for offence notices, certificates, and other documents.
- Includes a schedule with examples of fined offences.
Where to find set fines
- Online at the Ontario Court of Justice website.
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Description
This quiz assesses your understanding of the Provincial Offences Act as outlined in EHN 121, Unit 11. It includes key parts of the Act, such as the commencement of proceedings, information, and sentencing. Familiarize yourself with recent amendments and various legal provisions covered in this unit.
