Provincial Offences Act (POA) Part I and Part III Chart PDF

*PART 1 *PART 1 Offence Notice (ticket book) 30 days to serve Offence Summons (ticket book) 30 days to serve ➨ For fines less than $1000.00/No jail $  Green copy  Set fine  Does not have to go to court  Must have set fine + surcharge = total (taken from the Provincial Offences short form wo...

*PART 1 *PART 1 Offence Notice (ticket book) 30 days to serve Offence Summons (ticket book) 30 days to serve ➨ For fines less than $1000.00/No jail $  Green copy  Set fine  Does not have to go to court  Must have set fine + surcharge = total (taken from the Provincial Offences short form wording book) PART III Offence Summons (not a ticket) PART III Long Form Information (not a ticket) Allows for fines greater than $1000.00 and/or jail COURT COURT 4 pages 1-Court 2-Defendant 3-Prosecutor 4-Officer  Pink copy from back of ticket book  Must have court date on it COURT o no set fine o information sworn after the fact o 6 months to lay unless statutory exception o informant may be anyone o summons served after information sworn o affidavit of service sworn after summons served o may be served on other than defendant o no set fine  set fines only (max.  use where no set fine o served on the spot at $1000.00) exists (NSF) in short form the time of offence wording book or want  most efficient method o must be served on person before court  no court date defendant by issuing  fine must not exceed  no need to swear officer $1000 (unless served by o must be sworn after  no jail another officer) served  no need to swear (unless  if no fine specified, JP served by another officer) will quash (cancel) * Both Part I offence notice & offence summons must be filed with court within 7 days of service 1 Part 1 and Part 3 Chart POA Form Offence Notice (yellow copy) Service Limitations     Set Fine Maximum $1000 (not including surcharge) No jail Not for use with young persons    Within 30 days of offence date Personally upon defendant Affidavit of service if other than issuing officer (pink copy from back of ticket book) Summons before Information laid     Part I Summons Other    Maximum penalty imposed in court $1000 No jail May use for young persons (12 years or more but under 16)   Same as above Notice to Parent where defendant is young person (defined under POA-12 to 15 years inclusive)   Provincial offences officers only Penalty for young person is the lesser of set fine or $300  Officer finds person at or near place where offence committed 6 month limitation period, unless by consent or prescribed by Act for the offence Jail where prescribed by Act for the offence    By a provincial offences officer Personal Confirm summons before justice and swear to Information   Provincial offences officers only No requirement for information to be laid as soon as practicable after service Sentence options include probation and restitution 6 month limitation period, unless by consent or prescribed by Act for the offence Jail where prescribed by Act for the offence       (Form 104) Part III Provincial offences officers only Defendant signature not required Filed with court as soon as practicable; and within 7 days of service Sworn information not required Information  (Form 105)   R & PG Under oath before a justice = summons Personal or substitutional service of summons Out-of-province summons: deemed served 7 days after registered mail 2 Part 1 and Part 3 Chart    Any person may lay an information Proof of summons service-written or oral under oath or affirmation Sentence options include probation and restitution