Mod2_POA Part I.pptx

Provincial Offences Act – Part I Municipal Law Enforcement Officers’ Association (Ontario) Version 3/February 2022 mleoa.ca PROVINCIAL OFFENCES ACT Part I – Proceedings by Certificate of Offence (ticket) Part II – Proceedings relatin...

Provincial Offences Act – Part I Municipal Law Enforcement Officers’ Association (Ontario) Version 3/February 2022 mleoa.ca PROVINCIAL OFFENCES ACT Part I – Proceedings by Certificate of Offence (ticket) Part II – Proceedings relating to Parking Offences ONLY Part III – Proceedings by Information 2 Version 3/February 2022 mleoa.ca GENERAL INFORMATION The Provincial Offences Act is PROCEDURAL legislation It is a definitive set of rules (procedures) for charging an offence 3 Version 3/February 2022 mleoa.ca GENERAL INFORMATION A Part I process is utilized by a Provincial Offences Officer A Provincial Offences Officer is:  a police officer  a municipal law enforcement officer  any other person designated by the Minister The Provincial Offences Act distinguishes between Provincial offences and criminal offences 4 Version 3/February 2022 mleoa.ca PART I OFFENCES COMMENCEMENT OF PROCEEDINGS BY of a CERTIFICATE OF OFFENCE Initiate a proceeding (charge) by filing a Certificate of Offence with the Court An Offence Notice indicating the set fine Or A summons which must be completed with the Certificate of Offence 5 Version 3/February 2022 mleoa.ca PART I OFFENCES A Part I OFFENCE NOTICE, or SUMMONS Must be served personally upon the person charged within 30 calendar days of the alleged offence 6 Version 3/February 2022 mleoa.ca SERVICE OF AN OFFENCE NOTICE OR SUMMONS If the issuing officer serves the Offence Notice (blue copy)/ Summons (pink copy), the issuing officer shall certify on the Certificate that he/she personally served the defendant and the date of service (on the offence date OR on a date other than the offence date) Certification of Service (on white Certificate of Offence copy) is to be signed after serving the Offence Notice/Summons 7 Version 3/February 2022 mleoa.ca SERVICE OF OFFENCE NOTICE OR SUMMONS If the Offence Notice/Summons is served by someone other than the issuing officer, “Affidavit of Service Upon Defendant” shall be completed by the officer serving the notice/summons The Affidavit is on the back of the Certificate of Offence 8 Version 3/February 2022 mleoa.ca PROCEDURES AFTER SERVICE The Officer serving the Offence Notice/Summons shall not accept any money in respect of a fine or receive the Offence Notice for delivery to the Court The Certificate of Offence shall be filed with the Court within calendar 7 days after service of the Offence Notice/Summons 9 Version 3/February 2022 mleoa.ca DEFENDANT’S OPTIONS Option 1 – PLEA OF GUILTY The defendant pleads guilty and pays the “total payable” Total Payable = Set Fine + Victim Fine Surcharge + $5 court costs Payment constitutes a plea of guilty whether or not the plea is signed Payment must be received by the Court within 15 calendar days of service of the Offence Notice 10 Version 3/February 2022 mleoa.ca DEFENDANT’S OPTIONS Option 2 – Plea of Guilty with an Explanation The defendant does not dispute the charge but wishes to reduce the fine amount or extend the time for payment, or both The defendant appears before the Justice of the Peace with the plea and explanation 11 Version 3/February 2022 mleoa.ca DEFENDANT’S OPTIONS Option 3 – Trial A defendant who wishes to enter a plea and have a trial must attend the Court offices and file a Notice of Intention to Appear The defendant must indicate on the Notice of Intention to Appear whether he/she intends to challenge the evidence of the Provincial Offences Officer The Court Clerk shall advise the defendant and the prosecutor of the trial date 12 Version 3/February 2022 mleoa.ca DEFENDANT’S OPTIONS Fail to Respond/Appear 15 days after Service, if the Defendant has not exercised one of the 3 options, a Justice of the Peace shall examine the Certificate of Offence, and if correct on it’s face, enter a conviction and impose the set fine If a Defendant who gave Notice of Intention to Appear does not appear, the Justice of the Peace shall enter a conviction and impose the set fine 13 Version 3/February 2022 mleoa.ca DEFENDANT’S OPTIONS Reopening: A defendant who is convicted without a hearing may attend the Court offices within 15 days of becoming aware of the conviction and request a Justice to “reopen” the matter and strike out the conviction If the re-opening is granted, the original conviction will be stricken and the matter shall either go to trial or the Defendant may plead guilty and make submission as to fines. 14 Version 3/February 2022 mleoa.ca PENALTIES The maximum fine for a Part I Offence is $1,000.00 The Part I procedure is normally used for less serious offences Regulations under the Act prescribe the forms to be used 15 Version 3/February 2022 mleoa.ca PART I CERTIFICATE OF OFFENCE Composed of: Certificate of Offence Offence Notice Enforcement Agency Copy Also: Data Entry Copy Summons (PINK copy – replaces Offence Notice when used) Affidavit of Service (on reverse of Certificate of Offence) 16 Version 3/February 2022 mleoa.ca Name of issuing Prov. Offences Officer Date and time of alleged offence Surname of defendant Given Name and initial (if known) Address of defendant incl. town/city, Prov, postal code* Defendant’s Information, if available Version 3/February 2022 17 mleoa.ca Address/description of location of offence incl. municipality and Province Short form wording for offence By-law/legislation creating the offence (proper title), AND Section number Version 3/February 2022 18 mleoa.ca  Statement of service a) service on date of offence (strike out word “summons) Signature of serving officer, etc. Set fine* AND total payable** *Set fine as approved by Ministry of Attorney General ** Set Fine + VFS + $5 court costs Version 3/February 2022 19 mleoa.ca Statement of service b) service on alternate date (not date of offence) February 7, 2021 Offence Notice (blue Signature of serving copy) is a carboned copy officer, etc. AFTER of the Certificate of service of Offence Notice Offence. Offence Notice is removed for service to defendant and original Set fine* AND total signature of serving payable** officer is placed on Offence Notice at time of Service. Certificate of Offence (white copy) is signed AFTER service of the offence notice. *Set fine as approved by Ministry of Attorney General ** Set Fine + VFS + $5 court costs Version 3/February 2022 20 mleoa.ca This section ONLY completed if using a Part I Summons*** To utilize Part I Summons, remove blue Offence Notice, replace with pink Part I Summons. Complete Certificate in usual manner HOWEVER, strike through Set fine and Total payable boxes and include Summons “returnable” (court appearance) information. Also copy the COO# (top right corner) onto the top right corner of the Summons, BEFORE service. Affidavit of Service required AFTER served. Version 3/February 2022 21 mleoa.ca Part I – Affidavit Officer Yona D Ball 7 ____ 21 February of Service Service of Offence Notice can be Y D Ball made by Issuing Officer or any other Provincial Offences Officer. If served by other than Issuing Officer, Affidavit of Service must be completed. Service of Summons – Prov. Offences Officer serving Summons MUST swear Affidavit of Service prior to court date. Affidavits must be sworn before a Justice of the Peace or Commissioner of Oaths. Version 3/February 2022 22 mleoa.ca  23 Version 3/February 2022 mleoa.ca REVIEW What is the maximum penalty under Part I of the Provincial Offences Act? What type of legislation is the Provincial Offences Act? When may a Part I Offence Notice be issued? When is a Part I Summons issued? 24 Version 3/February 2022 mleoa.ca REVIEW How long does an officer have to lay a Part I charge? How long does an officer have to file a Certificate of Offence with the courts Who approves set fines? Who can describe the process to properly complete a Part I and Offence Notice service 25 Version 3/February 2022 mleoa.ca REVIEW Who can describe the process to properly complete a Part I Summons and service? Who can issue a Part I? Who is a provincial offences officer? How must a Part I be served? 26 Version 3/February 2022 mleoa.ca REVIEW Must a part I be served by the charging officer? Must a Part I be served on the day of the offence? What are the three options that a defendant has after receiving an Offence Notice? 27 Version 3/February 2022 mleoa.ca LET’S PRACTICE….Prepare a COO Referring to the Part I Practical Exercise in the learning path prepare a CERTIFICATE OF OFFENCE Please complete the Certificate of Offence as if the Offence Notice has been served by you to the defendant on the day of the offence. 28 Version 3/February 2022 mleoa.ca THANK YOU 29 Version 3/February 2022 mleoa.ca