Provincial Offences Act Lecture Slides PDF

www.opcva.ca Provincial Offences Act #1 Provincial Statutes - Session #1 Version: BCT – Provincial Statutes | Jan 2023 PD © Queen's Printer for Ontario, 2018 What’s the difference? 2 Federal Law (“crimes”) That body of the law that deals with conduct considered so harmful to society as a wh...

www.opcva.ca Provincial Offences Act #1 Provincial Statutes - Session #1 Version: BCT – Provincial Statutes | Jan 2023 PD © Queen's Printer for Ontario, 2018 What’s the difference? 2 Federal Law (“crimes”) That body of the law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted and punished by the government. 3 Provincial Law “breaches of regulated activities” Covers regulatory type offences that have long been viewed as “public welfare offences,” meant to protect society as a whole. (ie: you can drive, but not too fast; …or drink alcohol, but with restrictions on where and how much you drink etc…) 4 Provincial Law: An Overview Did you know In Ontario, there are more than 540 different provincial statutes! 5 Provincial Law #1 Provincial Offences Act (Lesson #1 of 3) 6 Provincial Law: The Provincial Offences Act “aka… Mother Act” • Is a “procedural” act (rules book) • It governs how all other “substantive” provincial acts are applied and prosecuted 7 Provincial Law Curriculum There are 8 Provincial Acts in this course of study: (Procedural) • Provincial Offences Act (Substantive) • • • • • • • Residential Tenancies Act Liquor Licence and Control Act Trespass to Property Act Mental Health Act Child Youth and Family Services Act Family Law Act Children’s Law Reform Act 8 Objectives • Provincial Offences Act – Definitions • Part I: POA – commencement of proceedings – certificate of offence – offence notice 9 Provincial Offences Act Key terms: Court: Ontario Court of Justice (Provincial Offences Court) Justice: Provincial Judge or Justice of the Peace 10 Key terms con’t… Police Officer: Chief or other police officer (not special constable or by-law officer) Provincial Offences Officer: Police officer or person designated under subsection 1(3) POA Includes Conservation Officers. 11 Key terms con’t… Offence: An offence under an Act of the Legislature or a regulation or by-law Certificate: A certificate of offence (ticket) under Part I – can only be issued by a provincial offences officer 12 Key terms con’t… Set Fine: Amount of fine set by Chief Justice of Ontario Court of Justice for proceeding under Part I (or Part II) Short Form Wording Authorized expression to designate an offence. If no short form wording exists– make wording sufficient to describe the offence (authority – sections 13 & 25 POA) 13 Key terms con’t… Defendants Charged persons are referred to as defendants (not accused) Young Person 12 years or more but under 16 years (or 12-15 yrs old) Notice to Parent Copy to be given as soon as practicable to parent 14 Short Form Wording Book • The short form wording book provides quick reference for standard wordings and set fines for many of the common minor offences. • It also provides short form wordings for some more serious offences for which there is no set fine 15 Short Form Wording Book • The book is divided by Act/Regulation • It also contains some helpful reference information relating to police authorities under the Highway Traffic Act 16 P.O.A. 2 Streams: a) minor offences / (Part I) less formal path b) more serious offences / (Part III) more formal path • not “Criminal” offences 17 • • • • Part I Offences less serious consequences less formal procedure more convenient Only 30 days to serve (if • • • • more than 30 - go via Part III 18 Part III Offences (NSF) more serious consequences more formal procedure less convenient 6 months (or more) to charge Your role is to encourage compliance with provincial laws and regulations If offence is detected, you must select the option permitted in law which will likely promote future compliance. • Is an offence being committed? • What is the best option? • If charging, will you issue under Part I (less formal); or Part III (more formal)? 19 Determining Factors Part I vs. Part III Process • Seriousness • Consequences • Circumstances 20 What does “Commencement of Proceedings” actually mean? the point at which the official charging process is initiated… when the proverbial “wheels of justice” are first set in motion. 21 Part I “Commencement of Proceedings” Part III When the Certificate of Offence is filed in the office of the court Justice When an Information is laid before a Justice 22 22 Typical POA Enforcement 23 Part One (Part I): POA Part I (minor) • applicable to – provincial offences officers • grounds for charge – a belief that an offence has been committed • proceedings commenced by – certificate of offence 24 POA – Part I: Commencement of Proceedings A Provincial Offences Officer may complete a Certificate of Offence and serve either: 1. An “offence notice” indicating the set fine for the offence, • or 2. A “summons” to appear in court. 25 Part I Enforcement: A Three Step Process Provincial Offences Officer must… • have a “belief” an offence occurred, must fill in pertinent info on a snap set ticket form, officially called a “certificate 1. ISSUE of offence” 2. SERVE 3. FILE • personally deliver or serve a defendant the completed “offence notice” copy (or summons) • once service is completed, sign “certificate of offence” and file it with the office of the court 26 STEP #1: ISSUE Provincial Offences Officer “ISSUES” or fills out the ticket. Once completed, the form reads as an official “certified” statement by the issuer. (Grounds to charge is based upon a “BELIEF” an offence has occurred.)27 STEP #2: SERVE The Certificate of Offence is thenthe (still unsigned) Once signed by the officer, certifying they: *NOTE* ticket is completed, the “Offence Notice“must be the defendant 1. believe the person committed copy (pg. #2) is: “served” within 30 days an offence; snap date, set and a. removed of thefrom offence b. signed first separately, 2. served the defendant otherwise a POA c. then “SERVED” personally. “ticket” under Part I is personally on the not available to use. defendant. 28 STEP #3: FILE Once signed, the Certificate of Offence is “FILED” in the office of the court. (it must be filed ASAP, but no later than 7 days after service to defendant is completed) 29 STEP# 1: ISSUE •Writing out the “ticket” 1. ISSUE 30 Certificate of Offence or Provincial Offences “Ticket” Steps for “issuing” or writing out a POA – Part I ticket… 31 31 • You must indicate your name in legible writing (printing) John Q. Smith 32 • complete time and date of offence • time in AM / PM format • complete name and address of defendant John Q. Smith 2 2 02 07 Brown William 12:25 P S. 44 Brown Avenue Apt. 2A Toronto Ontario M6H 1H3 BCT Prov. Stats. POA #1-PJH 33 • enter the driver’s licence number & jurisdiction (record class of licence in notebook) • enter date of birth • enter gender • indicate if a motor vehicle was not involved, collision involved & witness if applicable B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 6 5 0 9 10 M BCT Prov. Stats. POA #1-PJH 34 • enter the location of the offence • must indicate the municipality where the offence occurred John Street South Aylmer 35 • enter the short form wording • enter the full name of the statute • enter the section number Disobey Stop Sign – Fail to Stop Highway Traffic Act 136(1)(a) BCT Prov. Stats. POA #1-PJH 36 • enter all applicable vehicle information ABAB 439 ON 37 • Do NOT sign the certificate of offence until the person has been served • Indicate Officer No., Platoon & Unit, 7117 38 D Tr. Set Fine • determine from fine Schedule 85.00 110.00 Total Payable add victim fine surcharge + $5.00 administrative costs and indicate total payable 39 Complete the Court section only when using a Part I SUMMONS and…the very bottom section is reserved for the JP to enter conviction information 40 BEFORE signing, Remove the Offence Notice John Q. Smith John Q. Smith 0 9 12:25 12:25 Pp 22 2022 0 02 7 Brown Brown William S. William S. 4444Brown Avenue Brown Avenue Toronto Ontario 1H31H3 Toronto OntarioM6HM6H (page 2) B 1 B1 12 122 32 33 34 444 66 5 0099110 0ONON 65 09 10 M John Street South Aylmer Disobey Stop Sign – Fail to Stop Highway Traffic Act 136(1)(a) ABBA 439 ON x 7117 85.00 D Tr. 110.00 41 STEP# 2: SERVE • personally deliver or serve a defendant the completed “offence notice” copy (or summons) 2. SERVE 42 •Sign the box on the offence notice John Q. Smith 7117 •Serve the green offence notice personally on the defendant 43 D Tr. John Q. Smith 2 2 0 2 07 12:25 p Brown William S. 44 Brown Avenue Toronto Ontario M6H 1H3 B 1 1 2 2 3 3 4 4 6 5 0 9 1 0 ON 65 09 10 M John Street South Aylmer Disobey Stop Sign – Fail to Stop Highway Traffic Act sign the certificate of offence AFTER serving offence notice on the defendant 136(1)(a) ABBA 439 ON John Q. Smith 85.00 110.00 x 7117 D Tr. = 2 original signatures 44 STEP# 3: FILE 3. FILE • file the “certificate of offence” with the office of the court ASAP, • BUT no later than 7 days after service 45 Part I: Commencement of Proceedings File the Certificate of Offence in the office of the court ASAP, BUT no later than 7 days after serving offence notice (or Part I summons) 46 “ISSUE”: within 30 days of offence date “SERVE”: within 30 days of offence date “FILE”: ASAP after service, but no later than 7 days 47 • Option of issuing Offence Notice or Summons • Offence Notice MUST include a SET FINE • Summons MUST have a court date (no fine incl.) • No jail time as penalty • Max fine $1000. (not including surcharges) • 12 -15 yr olds can only be served a Summons 48 Offence Notice Options (green copy) 1. Plea of Guilty 2. Early Resolution – meet with prosecutor to discuss possible resolution (right to trial maintained) 3. Trial 49 Offence Notice Options (green copy) Failure to Respond – 15 days elapsed after service – deemed to not wish to dispute – if certificate is complete and regular – justice shall enter conviction 50 Next Period… 51 52