Provincial Offences Act

Interpretation

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; (“procès-verbal”) “court” means the Ontario Court of Justice; (“tribunal”) “electronic” and “electronically” have the meanings set out in the Electronic Commerce Act, 2000; (“électronique”, “par voie électronique”) “judge” means a provincial judge; (“juge provincial”) “justice” means a provincial judge or a justice of the peace; (“juge”) “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; (“infraction”) “police officer” means a chief of police or other police officer but does not include a special constable or by-law enforcement officer; (“agent de police”) “prescribed” means prescribed by the rules of court; (“prescrit”) “prosecutor” means, in respect …

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. R.S.O. 1990, c. P.33, s. 2.

PART I COMMENCEMENT OF PROCEEDINGS BY 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. R.S.O. 1990, c. P.33, s. 3 (1). Issuance and service (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). Service (3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3). (4) Repealed: 2009, c. 33, Sched. 4, s. 1 (3). …

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. 2009, c. 33, Sched. 4, s. 1 (4); 2017, c. 34, Sched. 35, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (4) - 15/12/2009 2017, c. 34, Sched. 35, s. 24 - 14/12/2017

5 (1) A defendant who is served with an offence notice may give notice of their intention to appear in court for the purpose of entering a plea and having a trial of the matter by, (a) completing the notice of intention to appear part of the offence notice and delivering it to the court office in the manner specified in the offence notice; (b) completing a notice of intention to appear in the form determined by the regulations and delivering it to the court office in any manner by which the offence notice may be delivered under clause (a); or (c) giving notice of their intention to appear in any other manner specified in the offence notice. 2024, c. 2, Sched. 16, s. 1 (1). (2) Repealed: 2024, c. 2, Sched. 16, s. 1 (1). (3) Repealed: 2020, c. 18, Sched. 18, s. 2 (3). (3.1) Repealed: 2020, c. 18, Sched. 18, s. 2 (5). Specified court office (4) A notice of intention to appear is not valid u…

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). Requesting a meeting (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 delivers it to the court office in the manner specified in the offence notice; or (b) makes the request in any other manner specified in the offence notice. 2024, c. 2, Sched. 16, s. 2 (1). Specified court office (2.1) An offence notice is not valid unless it is received by the court office specified in the offence notice. 2020, c. 18, Sched. 18, s. 3 (1); 2024, c. 2, Sched. 16, s. 2…

5.1.1 Repealed: 2009, c. 33, Sched. 4, s. 1 (8). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (7) - 15/12/2009; 2009, c. 33, Sched. 4, s. 1 (8) - 31/03/2012

5.2 Repealed: 2009, c. 33, Sched. 4, s. 1 (9). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (3) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (9) - 01/07/2014 2017, c. 34, Sched. 35, s. 3 - no effect - see 2023, c. 2, Sched. 8, s. 3 - 22/03/2023

5.3 Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 3 - no effect - see 2023, c. 2, Sched. 8, s. 3 - 22/03/2023

5.4 Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 3 - no effect - see 2023, c. 2, Sched. 8, s. 3 - 22/03/2023

5.5 Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 3 - no effect - see 2023, c. 2, Sched. 8, s. 3 - 22/03/2023

6 Repealed: 2009, c. 33, Sched. 4, s. 1 (10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (10) - 15/12/2009

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). Submissions under oath (2) The justice may require submissions under subsection (1) to be made under oath, orally or by affidavit. 2009, c. 33, Sched. 4, s. 1 (11). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (11) - 31/03/2012 2017, c. 34, Sched. 35, s. 4 - no effect - see 2023, c. 2, …

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. 2009, c. 33, Sched. 4, s. 1 (12). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (12) - 15/12/2009

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 a meeting with the prosecutor in accordance with section 5.1 and did not plead guilty under section 7 or 8; (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). 2020, c. 36, Sched. 39, s. 1 (1). Examination of certificate of offence by clerk (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 examin…

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). Examination by justice (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. 1993, c. 31, s. 1 (3); 2020, c. 18, Sched. 18, s. 15. Quashing proceeding (3) The justice shall quash the proceeding if he or she is not able to enter a conviction. 1993, c. 31, s. 1 (3). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (3) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (14) - 15/12/2009 2020, c. 18, Sched. 18, s. 15 - 21/07/…

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. 1993, c. 31, s. 1 (4). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (4) - 15/08/1994 Reopening

11 (1) A defendant who was convicted without a hearing may, within 15 days after 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. 2023, c. 2, Sched. 8, s. 1. Striking out the conviction (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. Review by justice (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…

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. 2009, c. 33, Sched. 4, s. 1 (17). 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. 2009, c. 33, Sched. 4, s. 1 (17). Notice to defendant (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). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (17) - 15/12/2009 Consequences of conviction

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. R.S.O. 1990, c. P.33, s. 12 (1); 2009, c. 33, Sched. 4, s. 1 (18). 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. 2009, c. 33, Sched. 4, s. 1 (19). Other consequences of conviction (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 t…

13 (1) The Lieutenant Governor in Council may make regulations, (a) Repealed: 2011, c. 1, Sched. 1, s. 7 (1). (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, c. 1, Sched. 1, s. 7 (3). (d) Repealed: 2009, c. 33, Sched. 4, s. 1 (20). R.S.O. 1990, c. P.33, s. 13 (1); 1993, c. 31, s. 1 (6); 2009, c. 33, Sched. 4, s. 1 (20); 2011, c. 1, Sched. 1, s. 7 (1-3). Same, Attorney General (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. (c) No Effect: see 2023, c. 2, Sched. 8, s. 2. (d) prescribing the characteristics that make a certificate of offence defective for the purposes of section 9. 2011, c. 1, Sched. 1, s. 7 (4); 2017, c. …

PART II COMMENCEMENT OF PROCEEDINGS FOR PARKING INFRACTIONS

14 In this Part, “parking infraction” means any unlawful parking, standing or stopping of a vehicle that constitutes an offence. 1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993

14.1 In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of a parking infraction may be commenced in accordance with this Part. 1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993

15 (1) A provincial offences officer who believes from his or her personal knowledge that one or more persons have committed a parking infraction may issue, (a) a certificate of parking infraction certifying that a parking infraction has been committed; and (b) a parking infraction notice indicating the set fine for the infraction. Idem (2) The provincial offences officer shall complete and sign the certificate and notice in the form prescribed under section 20. Municipal by-laws (3) If the alleged infraction is under a by-law of a municipality, it is not necessary to include a reference to the number of the by-law on the certificate or notice. Service on owner (4) The issuing provincial offences officer may serve the parking infraction notice on the owner of the vehicle identified in the notice, (a) by affixing it to the vehicle in a conspicuous place at the time of the alleged infracti…

16 A defendant who does not wish to dispute the charge may deliver the notice and amount of the set fine to the place shown on the notice. 1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993

17 (1) A defendant who is served with a parking infraction notice may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter by so indicating on the parking infraction notice and delivering the notice to the place specified in it. 1993, c. 31, s. 1 (7). Proceeding commenced (2) If a defendant gives notice of an intention to appear, a proceeding may be commenced in respect of the charge if it is done within seventy-five days after the day on which the alleged infraction occurred. 1993, c. 31, s. 1 (7). Idem (3) The proceeding shall be commenced by filing in the office of the court, (a) the certificate of parking infraction; and (b) if the parking infraction is alleged against the defendant as owner of a vehicle, evidence of the ownership of the vehicle. 1992, c. 20, s. 1 (1). Notice of trial (4) As soon as practicable after the proc…

17.1 (1) This section applies where the parking infraction notice requires the notice of intention to appear to be filed in person at a place specified in the parking infraction notice. 2009, c. 33, Sched. 4, s. 1 (22). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 17.1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 18, s. 5 (1)) Alternative to s. 17 (1) This section applies if the parking infraction notice allows for the defendant to make an appointment to discuss the parking infraction notice and, if applicable, file the notice of intention to appear. 2020, c. 18, Sched. 18, s. 5 (1). Subss. 17 (1), (3) and (4) inapplicable (2) Subsections 17 (1), (3) and (4) do not apply in a municipality in which this section applies. 1994, c. 27, s. 52 (1). Filing (3) A defendant who is served with a parking infraction notice m…

18 (1) The person designated by the regulations may give the defendant a notice of impending conviction if, (a) at least fifteen days and no more than thirty-five days have elapsed since the alleged infraction occurred; (b) the defendant has not paid the fine; and (c) a notice of intention to appear has not been received. 1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (10). Form of notice (2) The notice shall be in the form prescribed under section 20. Contents of notice (3) The notice shall, (a) indicate the set fine for the infraction; and (b) indicate that a conviction will be registered against the defendant unless the defendant pays the set fine or gives notice of an intention to appear in court for the purpose of entering a plea and having a trial of the matter. 1993, c. 31, s. 1 (11). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993; 1993, c. 31, s. 1 (10…

18.1 (1) A defendant who receives a notice of impending conviction may give notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter by so indicating on the notice of impending conviction and delivering the notice to the place specified in it. 1993, c. 31, s. 1 (12). Proceeding commenced (2) If a defendant gives notice of an intention to appear after a notice of impending conviction has been given, a proceeding may be commenced in respect of the charge if it is done within seventy-five days after the day on which the alleged infraction occurred. 1993, c. 31, s. 1 (12). Idem (3) The proceeding shall be commenced by filing in the office of the court, (a) the certificate of parking infraction; and (b) if the parking infraction is alleged against the defendant as owner of a vehicle, evidence of the ownership of the vehicle. 1992, c. 20, s. 1 …

18.1.1 (1) This section applies where the notice of impending conviction requires the notice of intention to appear to be filed in person at a place specified in the notice of impending conviction. 2009, c. 33, Sched. 4, s. 1 (25). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 18.1.1 (1) of the Act is repealed and the following substituted: (See: 2020, c. 18, Sched. 18, s. 6 (1)) Alternative to s. 18.1 (1) This section applies if the notice of impending conviction allows for the defendant to make an appointment to discuss the notice of impending conviction and, if applicable, file the notice of intention to appear. 2020, c. 18, Sched. 18, s. 6 (1). Subss. 18.1 (1), (3) and (4) inapplicable (2) Subsections 18.1 (1), (3) and (4) do not apply in a municipality in which this section applies. 1994, c. 27, s. 52 (3). Subss. 17.1 (5), (6) and (7) applicable (…

18.1.2 Repealed: 2009, c. 33, Sched. 4, s. 1 (26). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (14) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (26) - 01/07/2014

18.2 (1) A defendant who has been given a notice of impending conviction shall be deemed not to dispute the charge if fifteen days have elapsed since the defendant was given the notice, the fine has not been paid and a notice of intention to appear has not been received. Request for conviction (1.1) If subsection (1) applies, the person designated by the regulations may prepare and sign a certificate requesting a conviction in the form prescribed under section 20. 1993, c. 31, s. 1 (15). Idem (2) The certificate requesting a conviction shall state, (a) that the certificate of parking infraction is complete and regular on its face; (b) if the defendant is liable as owner, that the person is satisfied that the defendant is the owner; (c) that there is valid legal authority for charging the defendant with the parking infraction; (d) that the defendant was given a notice of impending convict…

18.3 (1) A defendant who is convicted of a parking infraction under section 18.2 may, within fifteen days after becoming aware of the conviction, apply to a justice requesting that the conviction be struck out for the reason that the parking infraction notice is defective on its face. 2020, c. 18, Sched. 18, s. 16. Idem (2) On an application by the defendant, if a justice is satisfied that the parking infraction notice is defective on its face, the justice shall strike out the conviction and shall order that the municipality or other body that issued the certificate requesting a conviction pay $25 in costs to the defendant. 1992, c. 20, s. 1 (1); 2020, c. 18, Sched. 18, s. 16. Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993 2020, c. 18, Sched. 18, s. 16 - 21/07/20

18.4 (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 (27). Examination by justice (2) If subsection (1) applies, section 54 does not apply, and a justice shall examine the certificate of parking infraction 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. 1993, c. 31, s. 1 (18); 2020, c. 18, Sched. 18, s. 15. Owner liability (3) Despite subsection (2), if the defendant is alleged to have committed the parking infraction as owner of the vehicle involved in the infraction, the justice shall not enter a conviction and impose the set fine unless he or she is satisfied that the defendant is the …

18.5 (1) A municipality or other body may apply to a justice requesting that a conviction respecting a parking infraction be struck out if the defendant was convicted because of an error made by the municipality or other body. Idem (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. Idem (3) If the justice strikes out the conviction, the municipality or other body shall notify the defendant of that fact. 1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993

18.6 (1) A municipality may collect the fines levied for convictions respecting parking infractions under its by-laws if the municipality, (a) enters into an agreement with the Attorney General to authorize it; or (b) enters into a transfer agreement under Part X. 2009, c. 33, Sched. 4, s. 1 (28). Agreement (1.1) The Attorney General and a municipality may enter into an agreement for the purpose of clause (1) (a). 2009, c. 33, Sched. 4, s. 1 (28). Notice to municipality (2) If a conviction is entered respecting a parking infraction under a by-law of a municipality to which subsection (1) applies, the clerk of the court shall give notice of the conviction to the clerk of the municipality. 1992, c. 20, s. 1 (1). Notice of fine (3) If the clerk of a municipality receives notice of a conviction, the clerk of the municipality or the person designated by the clerk shall give notice to the pers…

19 (1) A defendant who was convicted of a parking infraction without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction. 2009, c. 33, Sched. 4, s. 1 (29). Striking out the conviction (2) Upon application under subsection (1), a justice shall strike out a conviction if satisfied by affidavit of the defendant or on other evidence or information that, through no fault of the defendant, the defendant was unable to appear for a hearing or the defendant never received any notice or document relating to the parking infraction. 2009, c. 33, Sched. 4, s. 1 (29); 2020, c. 18, Sched. 18, s. 7. If conviction struck out (3) If the justice strikes out the conviction, the justice shall, (a) if the defendant enters a plea of guilty, accept the plea and impose the set fine; or (b) direct the clerk of the court to give notice to the defendant…

20 (1) The Lieutenant Governor in Council may make regulations, (a) Repealed: 2011, c. 1, Sched. 1, s. 7 (6). (b) authorizing the use in a form under this Part of any word or expression to designate a parking infraction; (c), (d) Repealed: 2011, c. 1, Sched. 1, s. 7 (6). (e) designating the persons or classes of persons who are required to prepare a notice of impending conviction or a certificate requesting a conviction for municipalities and for other bodies on whose behalf parking infraction notices are issued; (e.1) designating a person or class of persons for the purposes of subsection 17 (4), 17.1 (3), 17.1 (5), 17.1 (6), 18.1 (4) or 18.1.1 (3); (f) Repealed: 2015, c. 27, Sched. 1, s. 3 (3). (g) authorizing Ontario to pay allowances to municipalities and other bodies that issue notices of impending conviction and that collect fines under this Part, providing for the payment of those…

PART III 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. R.S.O. 1990, c. P.33, s. 21 (1). 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. R.S.O. 1990, c. P.33, s. 21 (2); 2006, c. 21, Sched. C, s. 131 (4). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (4) - 01/05/2007

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. R.S.O. 1990, c. P.33, s. 22.

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. R.S.O. 1990, c. P.33, s. 23 (1); 2019, c. 15, Sched. 33, s. 1 (1). Multiple defendants (1.1) For greater certainty, an information laid under subsection (1) may include one or more persons. 2009, c. 33, Sched. 4, s. 1 (32). 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). Receipt of information laid (1.3) The justi…

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, (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 (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 …

25 (1) Each offence charged in an information shall be set out in a separate count. R.S.O. 1990, c. P.33, s. 25 (1). 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. R.S.O. 1990, c. P.33, s. 25 (2). Reference to statutory provision (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. R.S.O. 1990, c. P.33, s. 25 (3). Idem (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) …

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. R.S.O. 1990, c. P.33, s. 26 (1). Service (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). Service outside Ontario (3) Despite subsection (2), where t…

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. R.S.O. 1990, c. P.33, s. 27.

PART IV TRIAL AND SENTENCING

Trial

28 This Part applies to a proceeding commenced under this Act. R.S.O. 1990, c. P.33, s. 28.

29 (1) Subject to subsection (2), a proceeding in respect of an offence shall be heard and determined by the Ontario Court of Justice sitting in the county or district in which the offence occurred or in the area specified in the transfer agreement made under Part X. 2009, c. 33, Sched. 4, s. 1 (35). Idem (2) A proceeding in respect of an offence may be heard and determined in a county or district that adjoins that in which the offence occurred if, (a) the court holds sittings in a place reasonably proximate to the place where the offence occurred; and (b) the place of sitting referred to in clause (a) is named in the summons or offence notice. R.S.O. 1990, c. P.33, s. 29 (2). Transfer to proper county (3) Where a proceeding is taken in a county or district other than one referred to in subsection (1) or (2), the court shall order that the proceeding be transferred to the proper county o…

30 (1) The justice presiding when evidence is first taken at the trial shall preside over the whole of the trial. R.S.O. 1990, c. P.33, s. 30 (1). When presiding justice unable to act before adjudication (2) Where evidence has been taken at a trial and, before making his or her adjudication, the presiding justice dies or in his or her opinion or the opinion of the Chief Justice of the Ontario Court of Justice is for any reason unable to continue, another justice shall conduct the hearing again as a new trial. R.S.O. 1990, c. P.33, s. 30 (2); 2000, c. 26, Sched. A, s. 13 (6); 2002, c. 18, Sched. A, s. 15 (6). When presiding justice unable to act after adjudication (3) Where evidence has been taken at a trial and, after making his or her adjudication but before making his or her order or imposing sentence, the presiding justice dies or in his or her opinion or the opinion of the Chief Just…

31 The court retains jurisdiction over the information or certificate even if the court fails to exercise its jurisdiction at any particular time or the provisions of this Act respecting adjournments are not complied with. R.S.O. 1990, c. P.33, s. 31.

32 (1) A proceeding may be stayed at any time before judgment by direction in court given by any of the following persons to the clerk of the court and, on the staying of the proceeding, any recognizance relating to the proceeding is vacated: 1. The Attorney General or his or her agent. 2. In the case of a proceeding to which a transfer agreement made under Part X applies and in which the Attorney General does not intervene, a person acting on behalf of a municipality in accordance with the agreement. 2017, c. 34, Sched. 35, s. 9. Same (1.1) The power to stay a proceeding under subsection (1) is in addition to and does not affect the right of the Attorney General, his or her agent or a person acting on behalf of a municipality in accordance with a transfer agreement made under Part X to withdraw a charge. 2017, c. 34, Sched. 35, s. 9. Recommencement (2) A proceeding stayed under subsecti…

33 (1) A defendant may at any stage of the proceeding make a motion to the court to amend or to divide a count that, (a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that creates or describes the offence; or (b) is double or multifarious,

on the ground that, as framed, it prejudices the defendant in the defendant’s defence. Idem (2) Upon a motion under subsection (1), where the court is satisfied that the ends of justice so require, it may order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided. R.S.O. 1990, c. P.33, s. 33.

34 (1) The court may, at any stage of the proceeding, amend the information or certificate as may be necessary if it appears that the information or certificate, (a) fails to state or states defectively anything that is requisite to charge the offence; (b) does not negative an exception that should be negatived; or (c) is in any way defective in substance or in form. Idem (2) The court may, during the trial, amend the information or certificate as may be necessary if the matters to be alleged in the proposed amendment are disclosed by the evidence taken at the trial. Variances between charge and evidence (3) A variance between the information or certificate and the evidence taken on the trial is not material with respect to, (a) the time when the offence is alleged to have been committed, if it is proved that the information was laid or certificate issued within the prescribed period of …

35 The court may, before or during trial, if it is satisfied that it is necessary for a fair trial, order that a particular, further describing any matter relevant to the proceeding, be furnished to the defendant. R.S.O. 1990, c. P.33, s. 35.

36 (1) An objection to an information or certificate for a defect apparent on its face shall be taken by motion to quash the information or certificate before the defendant has pleaded, and thereafter only by leave of the court. R.S.O. 1990, c. P.33, s. 36 (1); 2020, c. 18, Sched. 18, s. 15. Grounds for quashing (2) The court shall not quash an information or certificate unless an amendment or particulars under section 33, 34 or 35 would fail to satisfy the ends of justice. R.S.O. 1990, c. P.33, s. 36 (2). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 18, s. 15 - 21/07/2020

37 Where the information or certificate is amended or particulars are ordered and an adjournment is necessary as a result thereof, the court may make an order under section 60 for costs resulting from the adjournment. R.S.O. 1990, c. P.33, s. 37.

38 (1) The court may, before trial, where it is satisfied that the ends of justice so require, direct that separate counts, informations or certificates be tried together or that persons who are charged separately be tried together. Separate trials (2) The court may, before or during the trial, where it is satisfied that the ends of justice so require, direct that separate counts, informations or certificates be tried separately or that persons who are charged jointly or being tried together be tried separately. R.S.O. 1990, c. P.33, s. 38.

39 (1) Where a justice is satisfied that a person is able to give material evidence in a proceeding under this Act, the justice may issue a summons requiring the person to attend to give evidence and bring with him or her any writings or things referred to in the summons. R.S.O. 1990, c. P.33, s. 39 (1); 1993, c. 27, Sched. Service (2) A summons shall be served and the service shall be proved in the same manner as a summons under section 26. R.S.O. 1990, c. P.33, s. 39 (2). Exception (2.1) Despite subsection (2), a summons served under this section may be served by a person other than a provincial offences officer. 2009, c. 33, Sched. 4, s. 1 (36). Attendance (3) A person who is served with a summons shall attend at the time and place stated in the summons to give evidence and, if required by the summons, shall bring with him or her any writing or other thing that the person has in his o…

40 (1) Where a judge is satisfied upon evidence under oath or affirmation, that a person is able to give material evidence that is necessary in a proceeding under this Act and, (a) will not attend if a summons is served; or (b) attempts to serve a summons have been made and have failed because the person is evading service,

the judge may issue a warrant in the prescribed form for the arrest of the person. Idem (2) Where a person who has been served with a summons to attend to give evidence in a proceeding does not attend or remain in attendance, the court may, if it is established, (a) that the summons has been served; and (b) that the person is able to give material evidence that is necessary, issue or cause to be issued a warrant in the prescribed form for the arrest of the person. Bringing before justice (3) The police officer who arrests a person under a warrant issued under subsection (1) or (2) shall immediately take the person before a justice. Release on recognizance (4) Unless the justice is satisfied that it is necessary to detain a person in custody to ensure his or her attendance to give evidence, the justice shall order the person released upon condition that the person enter into a recognizanc…

41 (1) Where a person whose attendance is required in court to stand trial or to give evidence is confined in a prison, and a judge is satisfied, upon evidence under oath or affirmation orally or by affidavit, that the person’s attendance is necessary to satisfy the ends of justice, the judge may issue an order in the prescribed form that the person be brought before the court, from day to day, as may be necessary. Idem (2) An order under subsection (1) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall, (a) deliver the prisoner to the police officer or other person who is named in the order to receive the prisoner; or (b) bring the prisoner before the court upon payment of the person’s reasonable charges in respect thereof. Idem (3) An order made under subsection (1) shall direct the manner in which the person shall be kept in custo…

42 (1) Every person who, being required by law to attend or remain in attendance at a hearing, fails without lawful excuse to attend or remain in attendance accordingly is guilty of an offence and on conviction is liable to a fine of not more than $2,000, or to imprisonment for a term of not more than thirty days, or to both. Proof of failure to attend (2) In a proceeding under subsection (1), a certificate of the clerk of the court or a justice stating that the defendant failed to attend is admissible in evidence as proof, in the absence of evidence to the contrary, of the fact without proof of the signature or office of the person appearing to have signed the certificate. R.S.O. 1990, c. P.33, s. 42.

43 (1) Upon the motion of the defendant or prosecutor, a judge or, during trial, the court may by order appoint a commissioner to take the evidence of a witness who is out of Ontario or is not likely to be able to attend the trial by reason of illness or physical disability or for some other good and sufficient cause. R.S.O. 1990, c. P.33, s. 43 (1). Admission of commission evidence (2) Evidence taken by a commissioner appointed under subsection (1) may be read in evidence in the proceeding if, (a) it is proved by oral evidence or by affidavit that the witness is unable to attend for a reason set out in subsection (1); (b) the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and (c) it is proved to the satisfaction of the court that reasonable notice of the time and place for taking the evidence was given to the other party, and t…

44 (1) Where at any time before a defendant is sentenced a court has reason to believe, based on, (a) the evidence of a legally qualified medical practitioner or, with the consent of the parties, a written report of a legally qualified medical practitioner; or (b) the conduct of the defendant in the courtroom,

that the defendant suffers from mental disorder, the court may, (c) where the justice presiding is a judge, by order suspend the proceeding and direct the trial of the issue as to whether the defendant is, because of mental disorder, unable to conduct his or her defence; or (d) where the justice presiding is a justice of the peace, refer the matter to a judge who may make an order referred to in clause (c). Examination (2) For the purposes of subsection (1), the court may order the defendant to attend to be examined under subsection (5). Finding (3) The trial of the issue shall be presided over by a judge and, (a) where the judge finds that the defendant is, because of mental disorder, unable to conduct his or her defence, the judge shall order that the proceeding remain suspended; (b) where the judge finds that the defendant is able to conduct his or her defence, the judge shall order t…

45 (1) After being informed of the substance of the information or certificate, the defendant shall be asked whether the defendant pleads guilty or not guilty of the offence charged in it. 2009, c. 33, Sched. 4, s. 1 (37). Conviction on plea of guilty (2) Where the defendant pleads guilty, the court may accept the plea and convict the defendant. 2009, c. 33, Sched. 4, s. 1 (37). Conditions of accepting plea (3) A court may accept a plea of guilty only if it is satisfied that the defendant, (a) is making the plea voluntarily; (b) understands that the plea is an admission of the essential elements of the offence; (c) understands the nature and consequences of the plea; and (d) understands that the court is not bound by any agreement made between the defendant and the prosecutor. 2009, c. 33, Sched. 4, s. 1 (37). Same, participation by electronic method (3.1) If the defendant is making a pl…

45.1 (1) On application by the prosecutor or the defendant or on his or her own motion, a justice may order that a pre-trial conference be held between the prosecutor and the defendant or a representative of the defendant. 2009, c. 33, Sched. 4, s. 1 (38). Matters for consideration (2) The court, or a justice of the court, shall preside over the pre-trial conference, the purpose of which is to, (a) consider the matters that, to promote a fair and expeditious trial, would be better decided before the start of the proceedings and other similar matters; and (b) make arrangements for decisions on those matters. 2009, c. 33, Sched. 4, s. 1 (38). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (38) - 15/12/2009

46 (1) If the defendant pleads not guilty, the court shall hold the trial. 2009, c. 33, Sched. 4, s. 1 (39). Right to defend (2) The defendant is entitled to make full answer and defence. R.S.O. 1990, c. P.33, s. 46 (2). Right to examine witnesses (3) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses. R.S.O. 1990, c. P.33, s. 46 (3). Agreed facts (4) The court may receive and act upon any facts agreed upon by the defendant and prosecutor without proof or evidence. R.S.O. 1990, c. P.33, s. 46 (4). Defendant not compellable (5) Despite section 8 of the Evidence Act, the defendant is not a compellable witness for the prosecution. R.S.O. 1990, c. P.33, s. 46 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (39) - 15/12/2009 Evidence and burden of proof

47 (1) The court may receive and consider evidence taken before the same justice on a different charge against the same defendant, with the consent of the parties. R.S.O. 1990, c. P.33, s. 47 (1). Certificate as evidence (2) Where a certificate as to the content of an official record is, by any Act, made admissible in evidence as proof, in the absence of evidence to the contrary, the court may, for the purpose of deciding whether the defendant is the person referred to in the certificate, receive and base its decision upon information it considers credible or trustworthy in the circumstances of each case. R.S.O. 1990, c. P.33, s. 47 (2); 1993, c. 27, Sched. Burden of proving exception, etc. (3) The burden of proving that an authorization, exception, exemption or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, ex…

48 (1) The court may order that an exhibit be kept in such custody and place as, in the opinion of the court, is appropriate for its preservation. Release of exhibits (2) Where any thing is filed as an exhibit in a proceeding, the clerk may release the exhibit upon the consent of the parties at any time after the trial or, in the absence of consent, may return the exhibit to the party tendering it after the disposition of any appeal in the proceeding or, where an appeal is not taken, after the expiration of the time for appeal. R.S.O. 1990, c. P.33, s. 48. Certified evidence

48.1 (1) This section applies to a hearing, including a hearing in the absence of a defendant under section 54, if, (a) the proceeding for the offence was commenced under Part I or II and a set fine has been specified for the offence; or (b) the offence is specified by the regulations. 2017, c. 34, Sched. 35, s. 11. Admissibility of certified evidence (2) The following are admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary: 1. A certified statement in a certificate of offence. 2. A certified statement in a certificate of parking infraction. 3. Other types of certified evidence specified by the regulations. 2009, c. 33, Sched. 4, s. 1 (40). Other provisions on admissibility (3) For greater certainty, subsection (2) does not affect or interfere with the operation of a provision of this Act or any other Act that permits or specifies that…

49 (1) The court may, from time to time, adjourn a trial or hearing but, where the defendant is in custody, an adjournment shall not be for a period longer than eight days without the consent of the defendant. R.S.O. 1990, c. P.33, s. 49 (1). Early resumption (2) A trial or hearing that is adjourned for a period may be resumed before the expiration of the period with the consent of the defendant and the prosecutor. R.S.O. 1990, c. P.33, s. 49 (2). Adjournment (3) Despite subsection (1) and subject to subsection (4), if the trial is being held in respect of a proceeding commenced under Part I or II, the court shall not adjourn the trial for the purpose of having the provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be, attend to give evidence unless the court is satisfied that the interests of justice require it.…

50 (1) A defendant may appear and act personally or by representative. R.S.O. 1990, c. P.33, s. 50 (1); 2006, c. 21, Sched. C, s. 131 (7). Appearance by corporation (2) A defendant that is a corporation shall appear and act by representative. R.S.O. 1990, c. P.33, s. 50 (2); 2006, c. 21, Sched. C, s. 131 (7). Exclusion of representatives (3) The court may bar any person, other than a person who is licensed under the Law Society Act, from appearing as a representative if the court finds that the person is not competent properly to represent or advise the person for whom he or she appears, or does not understand and comply with the duties and responsibilities of a representative. 2006, c. 21, Sched. C, s. 131 (8). Section Amendments with date in force (d/m/y) 1993, c. 27, Sch. - 31/12/1991 2006, c. 21, Sched. C, s. 131 (7, 8) - 01/05/2007

51 Although a defendant appears by representative, the court may order the defendant to attend personally, and, where it appears to be necessary to do so, may issue a summons in the prescribed form. R.S.O. 1990, c. P.33, s. 51; 2006, c. 21, Sched. C, s. 131 (9). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (9) - 01/05/2007 Restrictions on hearing and publication

52 (1) The court may cause the defendant to be removed and to be kept out of court, (a) when the defendant misconducts himself or herself by interrupting the proceeding so that to continue in the presence of the defendant would not be feasible; or (b) where, during the trial of an issue as to whether the defendant is, because of mental disorder, unable to conduct his or her defence, the court is satisfied that failure to do so might have an adverse effect on the mental health of the defendant. Excluding public from hearing (2) The court may exclude the public or any member of the public from a hearing where, in the opinion of the court, it is necessary to do so, (a) for the maintenance of order in the courtroom; (b) to protect the reputation of a minor; or (c) to remove an influence that might affect the testimony of a witness. Prohibition of publication of evidence (3) Where the court c…

53 (1) Where the defendant appears for a hearing and the prosecutor, having had due notice, does not appear, the court may dismiss the charge or may adjourn the hearing to another time upon such terms as it considers proper. Idem (2) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned hearing under subsection (1), the court may dismiss the charge. Costs (3) Where a hearing is adjourned under subsection (1) or a charge is dismissed under subsection (2), the court may make an order under section 60 for the payment of costs. Written order of dismissal (4) Where a charge is dismissed under subsection (1) or (2), the court may, if requested by the defendant, draw up an order of dismissal stating the grounds therefor and shall give the defendant a certified copy of the order of dismissal which is, without further proof, a bar to any subsequen…

54 (1) Where a defendant does not appear at the time and place appointed for a hearing and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that a summons was served, a notice of trial was given under Part I or II, an undertaking to appear was given or a recognizance to appear was entered into, as the case may be, or where the defendant does not appear upon the resumption of a hearing that has been adjourned, the court may, (a) proceed to hear and determine the proceeding in the absence of the defendant; or (b) adjourn the hearing and, if it thinks fit, issue a summons to appear or issue a warrant in the prescribed form for the arrest of the defendant. 2009, c. 33, Sched. 4, s. 1 (43). Proceeding arising from failure to appear (2) Where the court proceeds under clause (1) (a) or adjourns the hearing under clause (1) (b) without issuing a summons or war…

55 Where the offence as charged includes another offence, the defendant may be convicted of an offence so included that is proved, although the whole offence charged is not proved. R.S.O. 1990, c. P.33, s. 55.

Sentencing

56 (1) Where a defendant is convicted of an offence in a proceeding commenced by information, the court may direct a probation officer to prepare and file with the court a report in writing relating to the defendant for the purpose of assisting the court in imposing sentence. R.S.O. 1990, c. P.33, s. 56 (1). Service (2) Where a report is filed with the court under subsection (1), the clerk of the court shall cause a copy of the report to be provided to the defendant or the defendant’s representative and to the prosecutor. R.S.O. 1990, c. P.33, s. 56 (2); 2006, c. 21, Sched. C, s. 131 (11). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (11) - 01/05/2007 Other information relevant to sentence