Podcast
Questions and Answers
What does the term 'Set fine' refer to in this context?
What does the term 'Set fine' refer to in this context?
- A predefined amount established by law enforcement (correct)
- A fine that can be negotiated by the defendant
- An additional fee added to the original fine
- A discretionary fine determined by the court
What components make up the total payable fine?
What components make up the total payable fine?
- Set Fine + VFS + $5 court costs (correct)
- Set Fine + service charges + administrative fees
- Set Fine + penalties + late charges
- Set Fine + Victim Fine Surcharge + court fees
What is the function of the 'Signature of serving officer' on the Offence Notice?
What is the function of the 'Signature of serving officer' on the Offence Notice?
- To confirm the service of the Offence Notice (correct)
- To validate the amount of the fine
- To show when the fine is due
- To provide evidence of the offence itself
When is the Certificate of Offence signed?
When is the Certificate of Offence signed?
What does 'VFS' represent in the total payable fine?
What does 'VFS' represent in the total payable fine?
What does the document identify as the minimum court cost?
What does the document identify as the minimum court cost?
What is indicated by the 'Offence Notice (blue copy)'?
What is indicated by the 'Offence Notice (blue copy)'?
What occurs after the service of the Offence Notice?
What occurs after the service of the Offence Notice?
What is the maximum fine for a Part I offence?
What is the maximum fine for a Part I offence?
Which document is NOT part of the Part I Certificate of Offence?
Which document is NOT part of the Part I Certificate of Offence?
Which of the following is usually true about the Part I procedure?
Which of the following is usually true about the Part I procedure?
What replaces the Offence Notice when used?
What replaces the Offence Notice when used?
What is needed from the defendant to complete the Certificate of Offence?
What is needed from the defendant to complete the Certificate of Offence?
Which option describes a requirement for the statement of service?
Which option describes a requirement for the statement of service?
What must be included in the defendant's address information?
What must be included in the defendant's address information?
Which of these components is NOT included with the offence details on the Certificate of Offence?
Which of these components is NOT included with the offence details on the Certificate of Offence?
What must be included on the Part I Summons if using a Part I Summons?
What must be included on the Part I Summons if using a Part I Summons?
Who is authorized to serve the Offence Notice?
Who is authorized to serve the Offence Notice?
What is required after serving a Summons by a Provincial Offences Officer?
What is required after serving a Summons by a Provincial Offences Officer?
What should be done with the Set fine and Total payable boxes when utilizing a Part I Summons?
What should be done with the Set fine and Total payable boxes when utilizing a Part I Summons?
What needs to happen before the service of a Summons?
What needs to happen before the service of a Summons?
What is a requirement for an Affidavit of Service?
What is a requirement for an Affidavit of Service?
What happens to the blue Offence Notice when using a Part I Summons?
What happens to the blue Offence Notice when using a Part I Summons?
What is the additional cost included in the Set Fine breakdown?
What is the additional cost included in the Set Fine breakdown?
What is the maximum penalty under Part I of the Provincial Offences Act?
What is the maximum penalty under Part I of the Provincial Offences Act?
What type of legislation does the Provincial Offences Act represent?
What type of legislation does the Provincial Offences Act represent?
When may a Part I Offence Notice be issued?
When may a Part I Offence Notice be issued?
How long does an officer have to lay a Part I charge?
How long does an officer have to lay a Part I charge?
Who approves set fines for Part I offences?
Who approves set fines for Part I offences?
What are the three options that a defendant has after receiving an Offence Notice?
What are the three options that a defendant has after receiving an Offence Notice?
Must a Part I be served by the charging officer?
Must a Part I be served by the charging officer?
How must a Part I Summons be served?
How must a Part I Summons be served?
What is the role of a Provincial Offences Officer?
What is the role of a Provincial Offences Officer?
What document is used to initiate a proceeding for a Part I offence?
What document is used to initiate a proceeding for a Part I offence?
What is the time frame in which an Offence Notice must be served personally?
What is the time frame in which an Offence Notice must be served personally?
What happens if the defendant fails to appear in court after giving Notice of Intention to Appear?
What happens if the defendant fails to appear in court after giving Notice of Intention to Appear?
What does a plea of guilty constitute when payment is made?
What does a plea of guilty constitute when payment is made?
What must a defendant do to enter a trial?
What must a defendant do to enter a trial?
Which of the following is NOT a valid option for defendants after receiving the Offence Notice?
Which of the following is NOT a valid option for defendants after receiving the Offence Notice?
When must the Officer file the Certificate of Offence with the Court after serving the notice?
When must the Officer file the Certificate of Offence with the Court after serving the notice?
What additional costs are included in the 'Total Payable' when pleading guilty?
What additional costs are included in the 'Total Payable' when pleading guilty?
What is required if the Offence Notice is served by someone other than the issuing officer?
What is required if the Offence Notice is served by someone other than the issuing officer?
Which option allows a defendant to plead guilty while asking for a fine reduction?
Which option allows a defendant to plead guilty while asking for a fine reduction?
What must a defendant who wishes to reopen a conviction do?
What must a defendant who wishes to reopen a conviction do?
What is a consequence of failing to respond within 15 days after service?
What is a consequence of failing to respond within 15 days after service?
What should be certified by the issuing officer upon serving the Offence Notice?
What should be certified by the issuing officer upon serving the Offence Notice?
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Study Notes
Overview of the Provincial Offences Act
- The Provincial Offences Act provides procedural guidelines for charging offenses in Ontario.
- It is divided into three parts:
- Part I: Proceedings by Certificate of Offence (ticket)
- Part II: Parking Offences ONLY
- Part III: Proceedings by Information
Part I Offence Process
- A Provincial Offences Officer, which includes police officers and municipal law enforcement officers, utilizes the Part I process.
- Initiating a proceeding requires filing a Certificate of Offence with the Court, either through an Offence Notice or a Summons.
Issuance and Service of Notices
- Offence Notices or Summons must be served personally within 30 days of the alleged offence.
- The issuing officer must certify the date of service on the Certificate of Offence.
- If someone other than the issuing officer serves the Notice, an "Affidavit of Service Upon Defendant" must be completed.
Post-Service Procedures
- The officer serving the notice is not permitted to accept payment for fines or deliver the notice to the Court.
- The Certificate of Offence must be filed within 7 days of serving the Offence Notice/Summons.
Defendant's Options
- Plea of Guilty: The defendant can plead guilty, paying the total payable amount (set fine + victim fine surcharge + court costs) within 15 days.
- Guilty with Explanation: The defendant can plead guilty and provide an explanation to the Justice of the Peace, possibly seeking a reduced fine or extended payment terms.
- Trial: A defendant may choose to contest the charge by filing a Notice of Intention to Appear and challenging evidence.
Consequences of Non-Response
- If a defendant does not respond within 15 days, a Justice of the Peace may enter a conviction and impose the set fine.
Reopening Cases
- A defendant can request to reopen a conviction within 15 days of awareness to have the conviction stricken, which may lead to a trial or a guilty plea with submissions regarding fines.
Penalties and Maximum Fines
- The maximum fine for a Part I offence is $1,000.
- Part I procedures apply primarily to less serious offences.
Certificate of Offence Components
- A Certificate of Offence includes various documents:
- Certificate of Offence
- Offence Notice
- Enforcement Agency Copy
- Data Entry Copy
- Summons (replaces Offence Notice when used)
- Affidavit of Service on the reverse side of the Certificate.
Important Information on Service
- Proper completion of the Affidavit of Service is essential, whether served by the issuing officer or another officer.
- Affidavits must be sworn before a Justice of the Peace or a Commissioner of Oaths.
Key Questions for Review
- Maximum penalty under Part I?
- Type of legislation is the Provincial Offences Act?
- Time constraints for issuing charges and filing Certificates?
- Who can correctly complete and serve Part I documentation?
- Consequences of failure to respond to an Offence Notice.
- Options available to a defendant after receiving an Offence Notice.
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