Provincial Offences Officer Quiz

Environmental Health Law - Unit 11 - Provincial Offences Act

• Act: R.S.O. 1990, CHAPTER P.33
• Last Amendment: 2023, c. 12, Sched. 7.
• Updated to: August 2023
• Act Contents (Parts):
  • Part I - Commencement of Proceedings by Certificate of Offence
  • Part III - Commencement of Proceedings by Information
  • Part IV - Sentencing
  • Definitions
  • Purpose of Act
  • Part III - Commencement of Proceedings for Parking Infractions
  • 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

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" and "electronically": Have the meanings set out 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 does not include a special constable or by-law enforcement officer.
• "prescribed": Prescribed by the rules of court.
• "prosecutor": The Attorney General, subject to specific paragraphs; the person who issues a certificate or lays an information, if neither the Attorney General nor a person referred to in paragraph 2 acts as prosecutor, or an agent of either of them.
• "provincial offences officer":
  • A police officer
  • A constable appointed under any Act
  • A municipal law enforcement officer in subsection 101 (4) of the Municipal Act, 2001 or subsection 79 (1) of the City of Toronto Act, 2006, while in the discharge of his or her duties.
  • A by-law enforcement officer of any municipality or local board while in the discharge of his or her duties.
  • An officer, employee, or agent of any municipality or local board with responsibilities including law enforcement, while discharging his/her duties; or
  • a person designated under subsection (3).
• "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 of that court for the purpose of proceedings under Part I or II.

Other Key Information

• Designation of provincial offences officers: A minister of the Crown can designate any person or class of persons as a provincial offences officer.
• Purpose of Act: Replace the summary conviction procedure for provincial offences with a procedure reflecting the distinction between provincial and criminal offences.
• Interpretation: Judicial interpretations of and practices under corresponding provisions of the Criminal Code of Canada shall apply unless a variation in wording changes the meaning.
• Procedures (Part I and Part III):
  • Flow chart (page 14): Describes the timelines and processes for Part I and Part III.
  • Certificate of Offence (Part I): Additional procedure for commencing a proceeding by filing a certificate of offence with the court.
• Issuance and service of certificate of offence: Actions by provincial offences officer who believes an offence has been committed. The officer will complete forms in accordance with the appropriate sections and, using those forms, issue a certificate of offence that an offence was committed. An offence notice or summons will also be created for the offence and will be served on the accused party.
• Service of notice of Summons: Service must be made personally on the accused within a 30 day period after the offence. The official will certify service of the notice/summons on the document
• Affidavit of service: Required if serving the notice/summons was done by someone other than a provincial offences officer.
• Officer cannot act as agent: Provincial offences officer cannot accept payment for a fine or carry the document to the court.
• Filing of a certificate: Must be filed as soon as practicable, no later than seven days after the notice of summons.
• Having a trial: A defendant may request a trial with a notice of intention to appear in court in order to enter a plea and have the matter dealt with.
• Notice for trial: The procedures for giving notice of intention to appear. This process may be done by filling out a form, or by delivering the notice to the court in the manner specified on the notice of intention.
• Specified court office: Instructions for correctly providing notice to appear.
• Rescheduling trial time
• Meeting procedure: Defendant can request a meeting with the prosecutor to resolve the offence — if allowed in the offence notice. Procedures for when the meeting does not occur, and requests to reschedule.
• Agreement on plea of guilt: Defendant and prosecutor can agree on a guilty plea and submissions on penalty.
• Appearance before justice: Procedure for appearance before a justice if agreement reached.
• Plea of guilty with submissions: Procedures if a defendant does not want to dispute the charge but wants to make submissions on penalty. The fine or a lower fine is determined by the justice.
• Submissions under oath: Justice can require submissions under oath.
• Payment out of court: A defendant may pay the set fine and applicable costs out of court.
• Deemed not to dispute charge: Criteria for deeming a defendant as not wishing to dispute the charge.
• Examination of certificate of offence by clerk: What a clerk should do if a defendant is deemed not to wish to dispute the charge.
• Application to justice: Procedure for a Conviction to be struck.
• Review by justice: Further actions by a justice if the clerk determines the certificate of offence is in order.
• Notice if conviction struck out: Notices to the defendant and prosecutor if a conviction is struck out. Procedures to be followed if a meeting needs scheduling or a trial.
• Rescheduling time of trial: Procedures for rescheduling a trial.
• Certificate: Certificate of the fact of conviction struck out must be provided to the accused by the justice or the clerk.
• Transition (new section): Section applies to cases in which the certificate was not reviewed before a date.
• Error by Municipality: An error made by a municipality can lead to application for the conviction to be struck. Steps.
• Notice to defendant: The municipality must notify the defendant.
• Penalty: If the fine set for an offence is greater than $1,000 or includes imprisonment, the punishment changes— The maximum fine is either the set fine or $1,000, whichever is lower.
• Other consequences: How other legislation may apply to a conviction, specifically relating to the Highway Traffic Act, and the Smoke-Free Ontario Act.
• Things seized are not liable to forfeiture: Any items seized during the offence are not liable for forfeiture.
• Regulations: Regulations regarding various details such as forms, designating offences, and specifics for offences in the HPPA regulations.
• Where to find set fines: Instructions for finding set fines.

Test your knowledge on the role and responsibilities of provincial offences officers as well as the procedures related to serving offence notices. This quiz covers definitions, designations, and legal requirements outlined in relevant Acts. Perfect for students studying law or those interested in legal enforcement.