Provincial Offences Officer Quiz

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Questions and Answers

What role does the Attorney General play in the context provided?

Is explicitly allowed to appoint provincial offences officers

Can issue a certificate for prosecuting offences (correct)

Acts as the sole prosecutor for all provincial offences

Is excluded from prosecuting if an agent is involved (correct)

Which of the following best defines a 'provincial offences officer'?

A person whose duties include the enforcement of certain laws (correct)

Any individual who has authority in a provincial jurisdiction

Only police officers employed by the provincial government

An appointed municipal employee without specific enforcement duties

Which of these is NOT a type of provincial offences officer according to the definitions provided?

A by-law enforcement officer

An appointed judicial officer (correct)

A police officer

A municipal law enforcement officer

What does 'set fine' refer to in this context?

A predetermined amount established for specific offences Signup and view all the answers

Why was this Act designed, according to the information provided?

To distinguish between provincial and criminal offences Signup and view all the answers

Which statement is true regarding the designation of provincial offences officers?

Designation requires a written document from a minister of the Crown Signup and view all the answers

What is a key requirement for a municipal by-law enforcement officer to be considered a provincial offences officer?

They must be performing their enforcement duties Signup and view all the answers

In this context, what should variations in wording between this Act and the Criminal Code NOT be interpreted as?

A change in the overall meaning of the law Signup and view all the answers

What must a provincial offences officer do when serving an offence notice?

Certify that he or she personally served the notice. Signup and view all the answers

What is required when service is made by someone other than the provincial offences officer?

An affidavit of service must be completed. Signup and view all the answers

What is considered proof of personal service in the absence of evidence to the contrary?

A signed certificate of service by the officer. Signup and view all the answers

How soon must a certificate of offence be filed in court after service?

Within seven days of service. Signup and view all the answers

What must a defendant do to give notice of intention to appear in court?

Complete the notice section of the offence notice. Signup and view all the answers

Which statement about the provincial offences officer is correct?

The officer must not receive payment of any fine. Signup and view all the answers

What is a necessary step for a defendant after being served with an offence notice to initiate a trial?

Deliver the notice to the specified court office. Signup and view all the answers

What documentation serves as evidence that an offence notice has been served?

The signed certificate of service or affidavit of service. Signup and view all the answers

What is the minimum amount of notice a defendant must give to request a rescheduling of the meeting time?

Two days before the meeting Signup and view all the answers

Within how many days must a rescheduled meeting take place after the original meeting time?

30 days Signup and view all the answers

What method may the defendant and prosecutor use to attend their meeting?

By electronic method Signup and view all the answers

What must be agreed upon at the meeting between the defendant and the prosecutor?

The defendant entering a guilty plea Signup and view all the answers

If the defendant agrees to a guilty plea, what is the subsequent step they must take according to the prosecutor's direction?

Appear before a justice in court and enter the plea orally Signup and view all the answers

What should the clerk of the court provide after the defendant requests a meeting with the prosecutor?

Notice of the time and place of the meeting Signup and view all the answers

What happens if a meeting time set under subsection (3) is unsuitable for the defendant?

The defendant can request a rescheduling Signup and view all the answers

What type of submissions may be discussed during the meeting regarding the penalty?

Extensions of time for payment Signup and view all the answers

What is a reason that a count is not objectionable according to the legislation?

It charges in the alternative several different matters. Signup and view all the answers

Which requirement is NOT part of a summons issued under section 22 or 24?

It must set out the penalty for the offence. Signup and view all the answers

How can a summons be served if the person cannot be conveniently found?

By delivering it to an individual who is at least sixteen years old at their residence. Signup and view all the answers

When is a summons considered duly served if the recipient does not reside in Ontario?

Seven days after it has been sent by registered mail. Signup and view all the answers

What is NOT required to be included in an information according to subsection (9)?

Any applicable exceptions or exemptions. Signup and view all the answers

What action does the clerk of the court take if the certificate of offence is not defective?

Enter a conviction in the defendant's absence. Signup and view all the answers

What is the time frame for a defendant to apply to strike out a conviction?

15 days after becoming aware of the conviction. Signup and view all the answers

What must the justice determine to strike out a conviction based on the application?

That the certificate of offence is defective. Signup and view all the answers

Under what condition can a justice enter a conviction without a hearing?

If the certificate of offence is complete and regular on its face. Signup and view all the answers

What happens if the certificate of offence is found to be defective?

The conviction is quashed. Signup and view all the answers

Is proof of a municipal by-law required to enter a conviction?

No, it is not required for the conviction. Signup and view all the answers

What does the clerk do if a defendant does wish to dispute the charge?

Set a date for the hearing. Signup and view all the answers

When does this section apply to defendants served with an offence notice?

If served before a specified date and not yet examined by a justice. Signup and view all the answers

What must occur before commencing a proceeding by laying an information regarding an offence?

A summons or offence notice must have been served. Signup and view all the answers

Which statement is correct regarding the use of abbreviated wording on forms prescribed for offences?

Abbreviated wording must be authorized by regulations. Signup and view all the answers

What is a requirement for a provincial offences officer to serve a summons before laying an information?

There must be reasonable and probable grounds to believe an offence was committed. Signup and view all the answers

What does section 22 stipulate regarding the service of a summons?

A summons may be served before an information is laid. Signup and view all the answers

How is an information laid according to the provided content?

It can be laid by anyone who believes an offence has occurred. Signup and view all the answers

Which statement refers to multiple defendants in the context of laying an information?

An information can include one or more persons when laid. Signup and view all the answers

What implications arise if a summons or offence notice has been served under Part I for the same offence?

No further proceedings can occur for that offence. Signup and view all the answers

What does the phrase 'sufficient for all purposes to describe the offence' imply regarding the use of words on forms?

Authorized wording serves as a complete identifier of the offence. Signup and view all the answers

Study Notes

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.

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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.