ENH 121 Unit 11 - POA 2024 Environmental Health Law Past Paper PDF

Environmental Health Law ENH 121 Unit 11 – Provincial Offences Act Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf...

Environmental Health Law ENH 121 Unit 11 – Provincial Offences Act Daniel Huynh BASc School of Occupational and Public Health Toronto Metropolitan University From slides by Dr. Peter Strahlendorf 2024 Unit 11A POA I 1 Provincial Offences Act R.S.O. 1990, CHAPTER P.33 Updated to August 2023 Last amendment: 2023, c. 12, Sched. 7. PART I and III Certificate of Offence Laying an Information Unit 11A POA I 2  Unit 11 - Contents Provincial Offences Act – Part I - Commencement of Proceedings by Certificate of Offence – Part III - Commencement of Proceeding by Information – Part IV - Sentencing Unit 11A POA I 3  Provincial Offences Act Definitions Purpose of Act Part I Commencement of Proceedings by Certificate of Offence II Commencement of Proceedings for Parking Infractions III Commencement of Proceeding by Information IV Trial and Sentencing V General Provisions VI Young Persons VII Appeals and Review VIII Arrest, Bail and Search Warrants IX Orders on Application under Statutes X Agreements with Municipalities Unit 11A POA I 4  Definitions 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; "court" means the Ontario Court of Justice “electronic” and “electronically” have the meanings set out in the Electronic Commerce Act, 2000; Unit 11A POA I 5 "judge" means a provincial judge; "justice" means a provincial judge or a justice of the peace; "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; Unit 11A POA I 6 "police officer" means a chief of police or other police officer but does not include a special constable or by-law enforcement officer; "prescribed" means prescribed by the rules of court; Unit 11A POA I 7  New in 2017 “prosecutor” means, in respect of a proceeding, the following person, and includes an agent acting on that person’s behalf: 1. The Attorney General, subject to paragraphs 2 and 3. 2. …. [not relevant] 3. The person who issues a certificate or lays an information, if neither the Attorney General nor a person referred to in paragraph 2, or an agent of either of them, acts as prosecutor; Unit 11A POA I 8 “provincial offences officer” means, (a) a police officer, (b) a constable appointed pursuant to any Act, (c) a municipal law enforcement officer referred to in subsection 101 (4) of the Municipal Act, 2001 or in subsection 79 (1) of the City of Toronto Act, 2006, while in the discharge of his or her duties, (d) a by-law enforcement officer of any municipality or of any local board of any municipality, while in the discharge of his or her duties, Unit 11A POA I 9 (e) an officer, employee or agent of any municipality or of any local board of any municipality whose responsibilities include the enforcement of a by- law, an Act or a regulation under an Act, while in the discharge of his or her duties, or (f) a person designated under subsection (3); Unit 11A POA I 10  New in 2017 “set fine” means 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. Unit 11A POA I 11 Designation of provincial offences officers 1 (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. Unit 11A POA I 12  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. Unit 11A POA I 13  POA Documents flowchart Offence max 30 max 6 days months Part I Part III Offence Certificate Notice Summons of Summons Information (a.k.a. Offence “ticket”) Optional: Deliver Filed Filed “Intention to within 7 before or Appear” or days after “Meeting with summons Prosecutor” on served the back of the Notice of Offence Notice Trial filed within 15 days 14 Unit 11A POA I  PART I COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE Unit 11A POA I 15 Certificate of offence 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. Unit 11A POA I 16 Issuance and service 3 (2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13, (a) a certificate of offence certifying that an offence has been committed; and (b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2). Unit 11A POA I 17 Service 3 (3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. 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. Unit 11A POA I 18 Affidavit of service 3 (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. Unit 11A POA I 19 Officer not to act as agent 3 (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. Unit 11A POA I 20 Filing of certificate of offence 4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. Having a trial 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. 2009, c. 33, Sched. 4, s. 1 (5). Unit 11A POA I 21 Notice of intention to appear in offence notice 5 (2) The defendant must give notice of intention to appear by, (a) completing the notice of intention to appear part of the offence notice; and (b) delivering the offence notice to the court office specified in it by mail or in any other manner specified in the offence notice. 2009, c. 33, Sched. 4, s. 1 (5); 2020, c. 18, Sched. 18, s. 2 (1). Unit 11A POA I 22  Repealed on July 21, 2021 Notice of intention to appear to be filed in person 5 (3) If the offence notice requires the notice of intention to appear to be filed in person, the defendant must give the notice of intention to appear by, (a) 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 (b) filing a notice of intention to appear in the form prescribed under section 13 with the clerk of the court. 2009, c. 33, Sched. 4, s. 1 (5). Unit 11A POA I 23 Specified court office 5 (4) A notice of intention to appear is not valid unless it is given to the court office specified on the offence notice. Notice of trial (5) Where a notice of intention to appear is received under this section, the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial. Rescheduling time of trial (6) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (5). Unit 11A POA I 24 Availability of meeting procedure 5.1 (1) This section applies if the offence notice indicates that an option of a meeting with the prosecutor to discuss the resolution of the offence is available. 2020, c. 18, Sched. 18, s. 3 (1). Unit 11A POA I 25 Requesting a meeting 5.1 (2) A defendant may, instead of giving notice of intention to appear under section 5, request a meeting with the prosecutor to discuss the resolution of the offence if, within 15 days after being served with the offence notice, the defendant, (a) indicates the request on the offence notice; and (b) delivers the offence notice to the court office specified in the offence notice by mail or in any other manner specified in the offence notice. 2020, c. 18, Sched. 18, s. 3 (1). Unit 11A POA I 26 Specified court office 5.1 (2.1) An offence notice is not valid unless it is delivered to the court office specified in the offence notice. Notice of meeting time (3) Where a defendant requests a meeting with the prosecutor under subsection (2), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of their meeting. Unit 11A POA I 27 Rescheduling the meeting time 5.1 (4) If the time for the meeting scheduled in the notice under subsection (3) is not suitable for the defendant, the defendant may, at least two days before the scheduled time of the meeting, deliver to the clerk of the court one written request to reschedule the time for the meeting and the clerk shall arrange a new meeting time to take place within 30 days of the time scheduled in the notice under subsection (3). 2009, c. 33, Sched. 4, s. 1 (6). Unit 11A POA I 28 Notice of rescheduled meeting time 5.1 (5) Where a meeting time is rescheduled under subsection (4), the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the rescheduled time and the place of their meeting. Meeting by electronic method (6) The defendant and the prosecutor may attend their meeting by electronic method in accordance with section 83.1. Unit 11A POA I 29 Agreement on plea of guilty and submissions 5.1 (7) At their meeting, the defendant and the prosecutor may agree that, (a) the defendant will enter a guilty plea to the offence or a substituted offence; and (b) the defendant and the prosecutor will make submissions as to penalty, including an extension of time for payment. 2009, c. 33, Sched. 4, s. 1 (6). Unit 11A POA I 30 Appearance before justice 5.1 (8) If an agreement is reached under subsection (7), the defendant shall, as directed by the prosecutor, (a) appear with the prosecutor before a justice sitting in court and orally enter the plea and make submissions; or (b) appear without the prosecutor before a justice sitting in court within 10 days, enter the plea orally and make the submissions in the form determined by the regulations. 2009, c. 33, Sched. 4, s. 1 (6). (Omitting the rest of section 5.1) Unit 11A POA I 31 Plea of guilty with submissions 7 (1) A defendant who does not have the option of meeting with the prosecutor under section 5.1 and does not wish to dispute the charge in the offence notice, but wishes to make submissions as to penalty, including an extension of time for payment, 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. 2009, c. 33, Sched. 4, s. 1 (11). Unit 11A POA I 32 Submissions under oath 7 (2) The justice may require submissions under subsection (1) to be made under oath, orally or by affidavit. Unit 11A POA I 33 Payment out of court 8 (1) A defendant who does not wish to dispute the charge in the offence notice may, in the manner indicated on the offence notice, pay the set fine and all applicable costs and surcharges fixed by the regulations. 2009, c. 33, Sched. 4, s. 1 (12). Effect of payment (2) Acceptance by the court office of payment under subsection (1) constitutes, (a) a plea of guilty by the defendant; (b) conviction of the defendant for the offence; and (c) imposition of a fine in the amount of the set fine for the offence. Unit 11A POA I 34 Deemed not to dispute charge 9 (1) A defendant is deemed to not wish to dispute the charge if, (a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5, did not request an early resolution meeting under section 5.1 and did not plead guilty under section 7 or 8; Unit 11A POA I 35 (b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or (c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) but did not appear at a sentencing hearing with a justice under subsection 5.1 (8). 2009, c. 33, Sched. 4, s. 1 (13). Unit 11A POA I 36 Examination of certificate of offence by clerk 9 (2) If a defendant is deemed to not wish to dispute the charge in accordance with clause (1) (a) or (b), the clerk of the court shall examine the certificate of offence and, (a) if it is not defective, as determined by the regulations, enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or (b) if it is defective, as determined by the regulations, quash the proceeding. 2020, c. 36, Sched. 39, s. 1 (1). Unit 11A POA I 37 Application to justice 9 (3) A defendant who is convicted under subsection (2) may, within 15 days after becoming aware of the conviction, make an application to a justice in the prescribed form to strike out the conviction. 2020, c. 36, Sched. 39, s. 1 (1). Same (4) On application under subsection (3), the justice shall strike out the conviction if satisfied that the certificate of offence is defective, as determined by the regulations, or is otherwise not complete and regular on its face. 2020, c. 36, Sched. 39, s. 1 (1). Unit 11A POA I 38 Examination of certificate of offence by justice 9 (5) If a defendant is deemed to not wish to dispute the charge in accordance with clause (1) (c), the justice shall examine the certificate of offence and, (a) if it is not defective, as determined by the regulations, and is complete and regular on its face, enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or (b) if it is defective, as determined by the regulations, or is otherwise not complete and regular on its face, quash the proceeding. 2020, c. 36, Sched. 39, s. 1 (1). Unit 11A POA I 39 Proof of municipal by-law not required 9 (6) If the offence is in respect of an offence under a by-law of a municipality, proof of the by-law that creates the offence is not required to enter a conviction and impose a set fine under this section. 2020, c. 36, Sched. 39, s. 1 (1). Transition (7) This section applies with respect to a defendant served with an offence notice before the day subsection 1 (1) of Schedule 39 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 came into force, if a justice had not examined the certificate of offence before that day. Unit 11A POA I 40 Failure to appear at trial 9.1 (1) A defendant is deemed to not wish to dispute the charge where the defendant has been issued a notice of the time and place of trial and fails to appear at the time and place appointed for the trial. 2009, c. 33, Sched. 4, s. 1 (14). Unit 11A POA I 41 Examination by justice 9.1 (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. Unit 11A POA I 42 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. Unit 11A POA I 43  New in September 2023 Reopening Application to strike out conviction 11 (1) A defendant who was convicted without a hearing may, within 15 days of becoming aware of the conviction, make an application to have the conviction struck out by completing the prescribed form and filing it in the office of the court. Unit 11A POA I 44  New in September 2023 Striking out the conviction 11 (2) On application under subsection (1), the clerk of the court shall strike out the conviction if satisfied by affidavit of the defendant or on other evidence or information that, through no fault of the defendant, the defendant, (a) was unable to attend a meeting under section 5.1; (b) was unable to appear for a hearing; or (c) did not receive delivery of a notice or document relating to the offence. 2023, c. 2, Sched. 8, s. 1. Unit 11A POA I 45  New in September 2023 Review by justice 11 (3) If the clerk of the court does not strike out the conviction, the clerk shall forward the application to a justice for review, who shall strike out the conviction if the justice determines that the requirements in subsection (2) have been met. Unit 11A POA I 46  New in September 2023 Notice if conviction struck out 11 (4) If a conviction is struck out under subsection (2) or (3), the clerk of the court shall give notice, (a) to the defendant of the time and place to appear under section 7, if the offence notice does not indicate that the option of a meeting under section 5.1 is available and the defendant wishes to proceed under section 7; (b) to the defendant and the prosecutor of the time and place of their meeting under section 5.1, if the offence notice indicates that the option of a meeting under that section is available and the defendant wishes to proceed under that section; or (c) to the defendant and the prosecutor of the time and place of the trial. 2023, c. 2, Sched. 8, s. 1 Unit 11A POA I 47  New in September 2023 Rescheduling time of trial 11 (5) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days after giving the notice referred to in clause (4) (c). 2023, c. 2, Sched. 8, s. 1. Certificate (6) A justice or a clerk of the court who strikes out a conviction under this section shall give the defendant a certificate of the fact in the prescribed form. 2023, c. 2, Sched. 8, s. 1. Unit 11A POA I 48  New in September 2023 Transition 11 (7) For greater certainty, this section applies with respect to a conviction entered before the day section 1 of Schedule 8 to the Less Red Tape, Stronger Ontario Act, 2023 came into force, unless, before that day, (a) an application to strike out the conviction was made under this section, as it then read; and (b) the application was examined by a justice. Unit 11A POA I 49 Error by municipality 11.1 (1) A municipality or other body may apply to a justice requesting that a conviction be struck out if the defendant was convicted because of an error made by the municipality or other body. Striking out conviction (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. Unit 11A POA I 50 Notice to defendant 11.1 (3) If the justice strikes out the conviction, the municipality or other body shall notify the defendant of that fact. 2009, c. 33, Sched. 4, s. 1 (17). Unit 11A POA I 51 Consequences of conviction Penalty 12 (1) Where the penalty prescribed for an offence includes a fine of more than $1,000 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 $1,000, whichever is the lesser. Transitional (1.1) Subsection (1) applies only to an offence committed on or after the day subsection 1 (18) of Schedule 4 to the Good Government Act, 2009 comes into force. Unit 11A POA I 52 Other consequences of conviction 12 (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 (v) for the purposes of section 22 of the Smoke-Free Ontario Act, 2017; and Unit 11A POA I 53 (b) any thing seized in connection with the offence after the service of the offence notice is not liable to forfeiture. 2005, c. 18, ss. 18, 19 (2). Unit 11A POA I 54 Regulations 13 (1) The Lieutenant Governor in Council may make regulations, (a) Repealed 2011 (b) authorizing the use in a form prescribed under clause (1.1) (a) of any word or expression to designate an offence. (c) Repealed 2011. (d) Repealed 2009. Unit 11A POA I 55 Same, Attorney General 13 (1.1) The Attorney General may make regulations, (a) prescribing the forms that are considered necessary under this Part; (b) respecting any matter that is considered necessary to provide for the use of the forms under this Part. 2011, c. 1, Sched. 1, s. 7 (4). (c) No Effect 2023 (d) prescribing the characteristics that make a certificate of offence defective for the purposes of section 9. Unit 11A POA I 56 Sufficiency of abbreviated wording 13 (2) The use on a form prescribed under clause (1.1) (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 (1.1) (a), the offence may be described in accordance with section 25. Unit 11A POA I 57  PART III COMMENCEMENT OF PROCEEDING BY INFORMATION Unit 11B POA III 58 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. 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. Unit 11B POA III 59 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. 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. Unit 11B POA III 60 Multiple defendants 23 (1.1) For greater certainty, an information laid under subsection (1) may include one or more persons. Written alternative (1.2) A provincial offences officer may lay an information without swearing an oath by, (a) delivering the information in the prescribed form to a justice; and (b) making a written statement that all matters contained in the information are true to the officer’s knowledge and belief and delivering the statement to the justice together with the information. 2019, c. 15, Sched. 33, s. 1 (2). Unit 11B POA III 61 Receipt of information laid 23 (1.3) The justice shall receive an information laid in accordance with subsection (1) or (1.2). 2019, c. 15, Sched. 33, s. 1 (2). Idem (2) An information may be laid anywhere in Ontario. Unit 11B POA III 62  What the Justice shall do 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, Unit 11B POA III 63  What the Justice shall do (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 Unit 11B POA III 64  What the Justice shall do (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 24 (2) A justice shall not sign a summons or warrant in blank. Unit 11B POA III 65 Counts 25 (1) Each offence charged in an information shall be set out in a separate count. Allegation of offence (2) Each count in an information shall in general apply to a single transaction and shall contain and is sufficient if it contains in substance a statement that the defendant committed an offence therein specified. Unit 11B POA III 66 Reference to statutory provision 25 (3) Where in a count an offence is identified but the count fails to set out one or more of the essential elements of the offence, a reference to the provision creating or defining the offence shall be deemed to incorporate all the essential elements of the offence. Unit 11B POA III 67 Idem 25 (4) The statement referred to in subsection (2) may be, (a) in popular language without technical averments or allegations of matters that are not essential to be proved; (b) in the words of the enactment that describes the offence; or (c) in words that are sufficient to give to the defendant notice of the offence with which the defendant is charged. Unit 11B POA III 68 More than one count 25 (5) Any number of counts for any number of offences may be joined in the same information. Particulars of count (6) A count shall contain sufficient detail of the circumstances of the alleged offence to give to the defendant reasonable information with respect to the act or omission to be proved against the defendant and to identify the transaction referred to. Unit 11B POA III 69 Sufficiency 25 (7) No count in an information is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of this section and, without restricting the generality of the foregoing, no count in an information is insufficient by reason only that, … Unit 11B POA III 70 (a) it does not name the person affected by the offence or intended or attempted to be affected; (b) it does not name the person who owns or has a special property or interest in property mentioned in the count; (c) it charges an intent in relation to another person without naming or describing the other person; (d) it does not set out any writing that is the subject of the charge; Unit 11B POA III 71 (e) it does not set out the words used where words that are alleged to have been used are the subject of the charge; (f) it does not specify the means by which the alleged offence was committed; (g) it does not name or describe with precision any person, place, thing or time; or (h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained. R.S.O. 1990, c. P.33, s. 25 (7); 2009, c. 33, Sched. 4, s. 1 (33). Unit 11B POA III 72 Idem 25 (8) A count is not objectionable for the reason only that, (a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an offence the matters, acts or omissions charged in the count; or (b) it is double or multifarious. Need to negative exception, etc. (9) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information. Unit 11B POA III 73 Summons 26 (1) A summons issued under section 22 or 24 shall, (a) be directed to the defendant; (b) set out briefly the offence in respect of which the defendant is charged; and (c)require the defendant to attend court at a time and place stated therein and to attend thereafter as required by the court in order to be dealt with according to law. Unit 11B POA III 74 Service 26 (2) A summons shall be served by a provincial offences officer, (a) by delivering it personally to the person to whom it is directed or, if that person cannot conveniently be found, by leaving it for the person at the person’s last known or usual place of residence with an individual who appears to be at least sixteen years of age and resident at the same address; or (b) in any other manner permitted by the regulations. 2020, c. 18, Sched. 18, s. 26 (1). Unit 11B POA III 75 Service outside Ontario 26 (3) Despite subsection (2), where the person to whom a summons is directed does not reside in Ontario, the summons shall be deemed to have been duly served seven days after it has been sent by registered mail to the person's last known or usual place of abode. Unit 11B POA III 76 Service on corporation 26 (4) Service of a summons on a corporation may be effected, (a) in the case of a municipal corporation by, (i) delivering the summons personally to the mayor, warden, reeve or other chief officer of the corporation or to the clerk of the corporation, or (ii) mailing the summons by registered mail to the municipal corporation at an address held out by it to be its address; Unit 11B POA III 77 (b) in the case of any corporation, other than a municipal corporation, incorporated or continued by or under an Act by, (i) delivering the summons personally to the manager, secretary or other executive officer of the corporation or person apparently in charge of a branch office of the corporation, or (ii) mailing the summons by registered mail to the corporation at an address held out by it to be its address; Unit 11B POA III 78 (c) in the case of corporation not incorporated or continued by or under an Act by, (i) a method provided under clause (b), (ii) delivering the summons personally to the corporation’s resident agent or agent for service or to any other representative of the corporation in Ontario, or (iii) mailing the summons by registered mail to a person referred to in subclause (ii) or to an address outside Ontario, including outside Canada, held out by the corporation to be its address. 2009, c. 33, Sched. 4, s. 1 (34). Unit 11B POA III 79 Date of mailed service 26 (4.1) A summons served by registered mail under subsection (4) is deemed to have been duly served seven days after the day of mailing. Substitutional service (5) A justice, upon motion and upon being satisfied that service cannot be made effectively on a corporation in accordance with subsection (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the corporation. Unit 11B POA III 80 Proof of service 26 (6) Service of a summons may be proved by statement under oath or affirmation, written or oral, of the person who made the service. Unit 11B POA III 81 Contents of warrant 27 (1) A warrant issued under section 24 shall, (a) name or describe the defendant; (b) set out briefly the offence in respect of which the defendant is charged; and (c) order that the defendant be forthwith arrested and brought before a justice to be dealt with according to law. Idem (2) A warrant issued under section 24 remains in force until it is executed and need not be made returnable at any particular time. Unit 11B POA III 82  PART 4 - Sentencing Surcharge 60.1 (1) If a person is convicted of an offence in a proceeding commenced under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under this Act. Collection (2) The surcharge shall be deemed to be a fine for the purpose of enforcing payment. Priorities (3) Any payments made by a defendant shall be credited towards payment of the fine until it is fully paid and then towards payment of the surcharge. Unit 11B POA III 83  ONTARIO REGULATION 161/00 VICTIM FINE SURCHARGES 1. The fine surcharges set out in Column 2 of the Table are prescribed for the range of fines set out in Column 1 of the Table for the purposes of section 60.1 of the Act. Unit 11B POA III 84 Certificate of Offence Set fine box Unit 11B POA III 85 Offence Notice (“Ticket”) Unit 11B POA III 86 Back of Offence notice (Northern Ontario) Unit 11B POA III 87 Back of Offence notice (Southern Ontario) 3 choices Unit 11B POA III 88 Summons (Part I) No box for set fine Unit 11B POA III 89 Notice of Intention to Appear Unit 11B POA III 90 Notice of Trial Unit 11B POA III 91 Notice of Fine Unit 11B POA III 92  Provincial Offences Act R.R.O. 1990, REGULATION 950 Amended to O. Reg. 242/06 PROCEEDINGS COMMENCED BY CERTIFICATE OF OFFENCE Unit 11B POA III 93  Important The wording of the offences in the HPPA regulations is found in a regulation under the POA. The actual set fine for each offence is found on the court webpage. Unit 11B POA III 94 5 (1) The words or expressions set out in Column 2 of a Schedule may be used in a certificate of offence, offence notice or summons to designate the offence described in the provision set out opposite in Column 3 of the Schedule under the Act or regulation set out in the heading to the Schedule. R.R.O. 1990, Reg. 950, s. 5. Unit 11B POA III 95  Schedule 41 Ontario Regulation 493/17 made under the Health Protection and Promotion Act Unit 11B POA III 96  Where Do You Find the Set Fine? ONTARIO COURT OF JUSTICE http://www.ontariocourts.ca/ocj/how-do-i/set-fines/ set-fines-i/ Official: http://www.ontariocourts.ca/ocj/how-do-i/set-fines/ changes-to-the-consolidated-set-fine-schedules/ Unit 11B POA III 97 Set Fines (examples) Unit 11B POA III 98