jswizzle3737/ontario_laws_and_regs huggingface dataset:
82 A defendant may act by representative.  2006, c. 21, Sched. C, s. 131 (14). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (14) - 01/05/2007
83 (1) A proceeding in which evidence is taken shall be recorded. Evidence under oath or affirmation (2) Evidence under this Act shall be taken under oath or affirmation, except as otherwise provided by law.  R.S.O. 1990, c. P.33, s. 83.
84 (1) A justice may authorize a person to act as interpreter in a proceeding before the justice where the person swears the prescribed oath and, in the opinion of the justice, is competent. Idem (2) A judge may authorize a person to act as interpreter in proceedings under this Act where the person swears the prescribed oath and, in the opinion of the judge is competent and likely to be readily available.  R.S.O. 1990, c. P.33, s. 84.
85 (1) Subject to this section, the court may extend any time fixed by this Act, by the regulations made under this Act or the rules of court for doing any thing other than commencing or recommencing a proceeding, whether or not the time has expired.  2009, c. 33, Sched. 4, s. 1 (50). Limit on number of applications (2) No more than one application for an extension of the time for filing of an appeal may be made in respect of a conviction.  2009, c. 33, Sched. 4, s. 1 (50). Exception for commencing parking proceeding (3) A justice may extend the time for commencing a parking proceeding where the court is unable to obtain proof of ownership of the vehicle or to send a notice of impending conviction to the defendant within that time because of extraordinary circumstances, including labour disputes and disruptions of postal services, power services and technological facilities.  2009, c. 33, Sched. 4, s. 1 (50). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (50) - 15/12/2009
86 Every person who makes an assertion of fact in a statement or entry in a document or form for use under this Act knowing that the assertion is false is guilty of an offence and on conviction is liable to a fine of not more than $2,000.  R.S.O. 1990, c. P.33, s. 86.
87 (1) Any notice or document required or authorized to be given or delivered under this Act or the rules of court is given or delivered if, (a)  delivered personally or by mail; (b)  delivered in accordance with a method provided by this Act or the regulations; or (c)  delivered in accordance with a method provided under any other Act or prescribed by the rules of court.  2009, c. 33, Sched. 4, s. 1 (51); 2015, c. 27, Sched. 1, s. 3 (6). Exception, personal delivery (1.1) Despite subsection (1), a notice or document shall be delivered personally if this Act or the rules of court require it to be given or delivered personally or in person. 2015, c. 27, Sched. 1, s. 3 (7). Rebuttable presumption, mail delivery (2) If a notice or document that is to be given or delivered to a person under this Act is mailed to the person at the person’s last known address appearing on the records of the court in the proceeding, there is a rebuttable presumption that the notice or document is given or delivered to the person. 2015, c. 27, Sched. 1, s. 3 (8). Rebuttable presumption, electronic delivery (2.1) If a notice or document that is to be given or delivered to a person under this Act is delivered electronically, in accordance with a method provided by the regulations, to an email address or phone number that the person has provided for the purpose of receiving electronic notices or documents, there is a rebuttable presumption that the notice or document is given or delivered to the person. 2015, c. 27, Sched. 1, s. 3 (8). Regulations (3) The Lieutenant Governor in Council may make regulations respecting the method of delivery for any notice or document, including additional electronic methods, for the purposes of this Act.  2009, c. 33, Sched. 4, s. 1 (51). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (51) - 15/12/2009 2015, c. 27, Sched. 1, s. 3 (6-8) - 3/06/2016
88 No civil remedy for an act or omission is suspended or affected for the reason that the act or omission is an offence.  R.S.O. 1990, c. P.33, s. 88.
89 Any action authorized or required by this Act is not invalid for the reason only that the action was taken on a non-juridical day.  R.S.O. 1990, c. P.33, s. 89; 2020, chap. 18, Sched. 18, s. 12. Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 18, s. 12 - 21/07/2020
90 (1) The validity of any proceeding is not affected by, (a)  any irregularity or defect in the substance or form of the summons, warrant, offence notice, parking infraction notice, undertaking to appear or recognizance; or (b)  any variance between the charge set out in the summons, warrant, parking infraction notice, offence notice, undertaking to appear or recognizance and the charge set out in the information or certificate. Adjournment to meet irregularities (2) Where it appears to the court that the defendant has been misled by any irregularity, defect or variance mentioned in subsection (1), the court may adjourn the hearing and may make such order as the court considers appropriate, including an order under section 60 for the payment of costs.  R.S.O. 1990, c. P.33, s. 90.
91 (1) Except as otherwise provided by an Act, every person who commits contempt in the face of a justice of the peace presiding over the Ontario Court of Justice in a proceeding under this Act is on conviction liable to a fine of not more than $1,000 or to imprisonment for a term of not more than thirty days, or to both.  R.S.O. 1990, c. P.33, s. 91 (1); 2000, c. 26, Sched. A, s. 13 (6). Statement to offender (2) Before a proceeding is taken for contempt under subsection (1), the justice of the peace shall inform the offender of the conduct complained of and the nature of the contempt and inform him or her of the right to show cause why he or she should not be punished.  R.S.O. 1990, c. P.33, s. 91 (2). Show cause (3) A punishment for contempt in the face of the court shall not be imposed without giving the offender an opportunity to show cause why he or she should not be punished.  R.S.O. 1990, c. P.33, s. 91 (3). Adjournment for adjudication (4) Except where, in the opinion of the justice of the peace, it is necessary to deal with the contempt immediately for the preservation of order and control in the courtroom, the justice of the peace shall adjourn the contempt proceeding to another day.  R.S.O. 1990, c. P.33, s. 91 (4). Adjudication by judge (5) A contempt proceeding that is adjourned to another day under subsection (4) shall be heard and determined by the court presided over by a provincial judge.  R.S.O. 1990, c. P.33, s. 91 (5). Arrest for immediate adjudication (6) Where the justice of the peace proceeds to deal with a contempt immediately and without adjournment under subsection (4), the justice of the peace may order the offender arrested and detained in the courtroom for the purpose of the hearing and determination.  R.S.O. 1990, c. P.33, s. 91 (6). Barring representative in contempt (7) Where the offender is appearing before the court as a representative and the offender is not licensed under the Law Society Act, the court may order that he or she be barred from acting as representative in the proceeding in addition to any other punishment to which he or she is liable.  2006, c. 21, Sched. C, s. 131 (15). Appeals (8) An order of punishment for contempt under this section is appealable in the same manner as if it were a conviction in a proceeding commenced by certificate under Part I of this Act.  R.S.O. 1990, c. P.33, s. 91 (8). Enforcement (9) This Act applies for the purpose of enforcing a punishment by way of a fine or imprisonment under this section.  R.S.O. 1990, c. P.33, s. 91 (9). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000 2006, c. 21, Sched. C, s. 131 (15) - 01/05/2007 Set fines
91.1 (1) The Chief Justice of the Ontario Court of Justice may specify an amount as the set fine for the purpose of proceedings under Part I or II for any offence. 2017, c. 34, Sched. 35, s. 17. Regional senior judge (2) The regional senior judge of the Ontario Court of Justice for a region may specify an amount as the set fine for the purpose of proceedings under Part I or II for an offence under a by-law of a municipality in the region. 2017, c. 34, Sched. 35, s. 17. Conflict (3) A set fine specified by the Chief Justice prevails over a set fine specified by a regional senior judge. 2017, c. 34, Sched. 35, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 17 - 14/12/2017
92 The Lieutenant Governor in Council may make regulations, (a)  prescribing any matter referred to in this Act as prescribed by the regulations; (b)  prescribing the form of certificate as to ownership of a motor vehicle given by the Registrar under subsection 210 (7) of the Highway Traffic Act for the purpose of proceedings under this Act; (c)  providing for the extension of times prescribed by or under this Act or the rules of court in the event of a disruption in postal services; (d)  requiring the payment of fees upon the filing of anything required or permitted to be filed under this Act or the rules and fixing the amounts thereof, and providing for the waiver of the payment of a fee by a justice, or by a judge under Part VII, in such circumstances and under such conditions as are set out in the regulations; (e)  fixing costs payable upon conviction and referred to in subsection 60 (1); (f)  fixing the items in respect of which costs may be awarded under subsection 60 (2) and prescribing the maximum amounts that may be awarded in respect of each item; (g)  prescribing administrative fees for the purposes of subsection 70 (1) for the late payment of fines or classes of fines, and prescribing the classes. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 92 (g) of the Act is repealed and the following substituted: (See: 2017, c. 34, Sched. 35, s. 18 (1)) (g)  prescribing administrative monetary penalties for the purposes of subsection 70 (1) for the late payment of fines or classes of fines, and prescribing the classes; (h)  providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by Schedule 35 to the Stronger, Fairer Ontario Act (Budget Measures), 2017.  R.S.O. 1990, c. P.33, s. 92; 2017, c. 34, Sched. 35, s. 18 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 18 (1) - not in force; 2017, c. 34, Sched. 35, s. 18 (2) - 14/12/2017 PART VI   YOUNG PERSONS
93 In this Part, “parent”, when used with reference to a young person, includes an adult with whom the young person ordinarily resides; (“parent”) “young person” means a person who is or, in the absence of evidence to the contrary, appears to be, (a)  twelve years of age or more, but (b)  under sixteen years of age, and includes a person sixteen years of age or more charged with having committed an offence while he or she was twelve years of age or more but under sixteen years of age. (“adolescent”)  R.S.O. 1990, c. P.33, s. 93; 2021, c. 4, Sched. 11, s. 30 (1, 2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 30 (1, 2) - 19/04/2021
94 No person shall be convicted of an offence committed while he or she was under twelve years of age.  R.S.O. 1990, c. P.33, s. 94.
95 A proceeding commenced against a young person by certificate of offence shall not be initiated by an offence notice under clause 3 (2) (a).  R.S.O. 1990, c. P.33, s. 95.
96 (1) Where a summons is served upon a young person or a young person is released on a recognizance under this Act, the provincial offences officer, in the case of a summons, or the officer in charge, in the case of a recognizance, shall as soon as practicable give notice to a parent of the young person by delivering a copy of the summons or recognizance to the parent. R.S.O. 1990, c. P.33, s. 96 (1); 2017, c. 34, Sched. 35, s. 25; 2021, c. 4, Sched. 11, s. 30 (3). Where no notice given (2) Where notice has not been given under subsection (1) and no person to whom notice could have been given appears with the young person, the court may, (a)  adjourn the hearing to another time to permit notice to be given; or (b)  dispense with notice. R.S.O. 1990, c. P.33, s. 96 (2). Saving (3) Failure to give notice to a parent under subsection (1) does not in itself invalidate the proceeding against the young person.  R.S.O. 1990, c. P.33, s. 96 (3);
2021, c. 4, Sched. 11, s. 30 (3). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 25 - 14/12/2017 2021, c. 4, Sched. 11, s. 30 (3) - 19/04/2021
97 (1) Despite subsection 12 (1), where a young person is found guilty of an offence in a proceeding commenced by certificate, the court may, (a)  convict the young person and, (i)  order the young person to pay a fine not exceeding the set fine that would be payable for the offence by an adult, the maximum fine prescribed for the offence, or $300, whichever is the least, or (ii)  suspend the passing of sentence and direct that the young person comply with the conditions prescribed in a probation order; or (b)  discharge the young person absolutely. Term of probation order (2) Section 72 applies with necessary modifications to a probation order made under subclause (1) (a) (ii), in the same manner as if the proceeding were commenced by information, except that the probation order shall not remain in force for more than ninety days from the date when it takes effect. s. 12 (2) applies where proceeding initiated by summons (3) Subsection 12 (2) applies with necessary modifications where a young person is convicted of an offence in a proceeding initiated by summons, in the same manner as if the proceeding were initiated by offence notice.  R.S.O. 1990, c. P.33, s. 97.
98 (1) Subject to subsection 52 (1) and subsection (2) of this section, a young person shall be present in court during the whole of his or her trial. Court may permit absence (2) The court may permit a young person to be absent during the whole or any part of his or her trial, on such conditions as the court considers proper. Application of ss. 42, 54 (3) Sections 42 and 54 do not apply to a young person who is a defendant. Failure of young person to appear (4) Where a young person who is 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, an undertaking to appear was given or a recognizance to appear was entered into, as the case may be, or where the young person does not appear upon the resumption of a hearing that has been adjourned, the court may adjourn the hearing and issue a summons to appear or issue a warrant in the prescribed form for the arrest of the young person. Compelling young person’s attendance (5) Where a young person does not attend personally in response to a summons issued under section 51 and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that the summons was served, the court may adjourn the hearing and issue a further summons or issue a warrant in the prescribed form for the arrest of the young person.  R.S.O. 1990, c. P.33, s. 98.
99 (1) No person shall publish by any means a report, (a)  of an offence committed or alleged to have been committed by a young person; or (b)  of a hearing, adjudication, sentence or appeal concerning a young person who committed or is alleged to have committed an offence, in which the name of or any information serving to identify the young person is disclosed. R.S.O. 1990, c. P.33, s. 99 (1). Offence (2) Every person who contravenes subsection (1) and every director, officer or employee of a corporation who authorizes, permits or acquiesces in a contravention of subsection (1) by the corporation is guilty of an offence and is liable on conviction to a fine of not more than $10,000. R.S.O. 1990, c. P.33, s. 99 (2). Exceptions (3) Subsection (1) does not prohibit the following: 1.  The disclosure of information by the young person concerned. 2.  The disclosure of information by the young person’s parent or lawyer, for the purpose of protecting the young person’s interests. 3.  The disclosure of information by a police officer, for the purpose of investigating an offence which the young person is suspected of having committed. 4.  The disclosure of information to an insurer, to enable the insurer to investigate a claim arising out of an offence committed or alleged to have been committed by the young person. 5.  The disclosure of information in the course of the administration of justice, but not for the purpose of making the information known in the community. 6.  The disclosure of information by a person or member of a class of persons prescribed by the regulations, for a purpose prescribed by the regulations.  R.S.O. 1990, c. P.33, s. 99 (3); 2021, c. 4, Sched. 11, s. 30 (4). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 30 (4) - 19/04/2021
100 (1) Section 56 applies with necessary modifications where a young person is convicted of an offence in a proceeding commenced by certificate of offence, in the same manner as if the proceeding were commenced by information.  R.S.O. 1990, c. P.33, s. 100 (1). Pre-sentence report mandatory where imprisonment considered (2) Where a young person who is bound by a probation order is convicted of an offence under section 75 and the court is considering imposing a sentence of imprisonment, the court shall 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, and the clerk of the court shall cause a copy of the report to be provided to the defendant or his or her representative and to the prosecutor.  R.S.O. 1990, c. P.33, s. 100 (2); 2006, c. 21, Sched. C, s. 131 (16). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (16) - 01/05/2007
101 (1) Despite the provisions of this or any other Act, no young person shall be sentenced, (a)  to be imprisoned, except under clause 75 (d); or (b)  to pay a fine exceeding $1,000. Sentence where proceeding commenced by information (2) Where a young person is found guilty of an offence in a proceeding commenced by information, the court may, (a)  convict the young person and, (i)  order the young person to pay a fine not exceeding the maximum prescribed for the offence or $1,000, whichever is less, or (ii)  suspend the passing of sentence and direct that the young person comply with the conditions prescribed in a probation order; or (b)  discharge the young person absolutely. Term of probation order (3) A probation order made under subclause (2) (a) (ii) shall not remain in force for more than one year from the date when it takes effect.  R.S.O. 1990, c. P.33, s. 101.
102 (1) No warrant of committal shall be issued against a young person under section 69. Probation order in lieu of imprisonment (2) Where it would be appropriate, but for subsection (1), to issue a warrant against a young person under subsection 69 (3) or (4), a judge may direct that the young person comply with the conditions prescribed in a probation order, where the young person has been given fifteen days notice of the intent to make a probation order and has had an opportunity to be heard. Term of probation order (3) A probation order made under subsection (2) shall not remain in force for more than ninety days from the date when it takes effect.  R.S.O. 1990, c. P.33, s. 102.
103 Where a young person is sentenced to a term of imprisonment for breach of probation under clause 75 (d), the term of imprisonment shall be served in a place of open custody designated under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise.  R.S.O. 1990, c. P.33, s. 103; 2006, c. 19, Sched. D, s. 18 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 18 (1) - 22/06/2006
104 In a proceeding under this Act, a parent’s testimony as to a young person’s age and any other evidence of a young person’s age that the court considers credible or trustworthy in the circumstances are admissible.  R.S.O. 1990, c. P.33, s. 104; 2021, c. 4, Sched. 11, s. 30 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 30 (5) - 19/04/2021
105 Where the defendant is a young person, an appeal under subsection 135 (1) shall be to the Superior Court of Justice, but the procedures and the powers of the court and any appeal from the judgment of the court shall be the same as if the appeal were to the Ontario Court of Justice presided over by a provincial judge.  R.S.O. 1990, c. P.33, s. 105; 2000, c. 26, Sched. A, s. 13 (5, 6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5, 6) - 6/12/2000
106 No person shall exercise an authority under this or any other Act to arrest a young person without warrant unless the person has reasonable and probable grounds to believe that it is necessary in the public interest to do so in order to, (a)  establish the young person’s identity; or (b)  prevent the continuation or repetition of an offence that constitutes a serious danger to the young person or to the person or property of another.  R.S.O. 1990, c. P.33, s. 106. Release of young persons after arrest by officer
107 (1) Section 149 does not apply to a young person who has been arrested. R.S.O. 1990, c. P.33, s. 107 (1). Requirement to release (2) Where a police officer acting under a warrant or other power of arrest arrests a young person, the police officer shall, as soon as is practicable, release the young person from custody unconditionally or after serving him or her with a summons unless the officer has reasonable and probable grounds to believe that it is necessary in the public interest for the young person to be detained in order to, (a)  establish the young person’s identity; or (b)  prevent the continuation or repetition of an offence that constitutes a serious danger to the young person or the person or property of another. R.S.O. 1990, c. P.33, s. 107 (2); 2017, c. 34, Sched. 35, s. 25. Release by officer in charge (3) Where a young person is not released from custody under subsection (2), the police officer shall deliver the young person to the officer in charge who shall, where in his or her opinion the conditions set out in clause (2) (a) or (b) do not or no longer exist, release the young person, (a)  unconditionally; (b)  upon serving the young person with a summons; or (c)  upon the young person entering into a recognizance in the prescribed form without sureties conditioned for his or her appearance in court. R.S.O. 1990, c. P.33, s. 107 (3). Notice to parent (4) Where the officer in charge does not release the young person under subsection (3), the officer in charge shall as soon as possible notify a parent of the young person by advising the parent, orally or in writing, of the young person’s arrest, the reason for the arrest and the place of detention. R.S.O. 1990, c. P.33, s. 107 (4); 2021, c. 4, Sched. 11, s. 30 (6). Release after young person brought before justice (5) Sections 150 and 151 apply with necessary modifications to the release of a young person from custody under this section. R.S.O. 1990, c. P.33, s. 107 (5). Place of custody (6) No young person who is detained under section 150 shall be detained in any part of a place in which an adult who has been charged with or convicted of an offence is detained unless a justice so authorizes, on being satisfied that, (a)  the young person cannot, having regard to the young person’s own safety or the safety of others, be detained in a place of temporary detention for young persons; or (b)  no place of temporary detention for young persons is available within a reasonable distance. R.S.O. 1990, c. P.33, s. 107 (6). Idem (7) Wherever practicable, a young person who is detained in custody shall be detained in a place of temporary detention designated under the Youth Criminal Justice Act (Canada).  R.S.O. 1990, c. P.33, s. 107; 2006, c. 19, Sched. D, s. 18 (2); 2017, c. 34, Sched. 35, s. 19. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. D, s. 18 (2) - 22/06/2006 2017, c. 34, Sched. 35, s. 19, 25 - 14/12/2017 2021, c. 4, Sched. 11, s. 30 (6) - 19/04/2021
108 (1) The functions of a justice with respect to a defendant who is a young person shall be performed only by a judge where a defendant is charged with an offence under section 75. Exception (2) Subsection (1) does not apply to the functions of a justice under Parts III and VIII.  1993, c. 31, s. 1 (28). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (28) - 15/08/1994 PART VII   APPEALS AND REVIEW
109 In this Part, “court” means the court to which an appeal is or may be taken under this Part; (“tribunal”) “judge” means a judge of the court to which an appeal is or may be taken under this Part; (“juge d’appel”) “sentence” includes any order or disposition consequent upon a conviction and an order as to costs. (“sentence”)  R.S.O. 1990, c. P.33, s. 109; 2000, c. 26, Sched. A, s. 13 (6); 2006, c. 21, Sched. C, s. 131 (17). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000 2006, c. 21, Sched. C, s. 131 (17) - 01/05/2007
110 A defendant who appeals shall, if in custody, remain in custody, but a judge may order his or her release upon any of the conditions set out in subsection 150 (2).  R.S.O. 1990, c. P.33, s. 110.
111 (1) A notice of appeal by a defendant shall not be accepted for filing if the defendant has not paid in full the fine imposed by the decision appealed from.  R.S.O. 1990, c. P.33, s. 111 (1). Exception with recognizance (2) A judge may waive compliance with subsection (1) and order that the appellant enter into a recognizance to appear on the appeal, and the recognizance shall be in such amount, with or without sureties, as the judge directs.  R.S.O. 1990, c. P.33, s. 111 (2). Simultaneous applications (3) A defendant may file an application to waive compliance with subsection (1) at the same time as the notice of appeal.  2009, c. 33, Sched. 4, s. 1 (52). Role of prosecutor (4) The defendant shall give the prosecutor notice of any application to waive compliance with subsection (1) and the prosecutor shall have an opportunity to make submissions in the public interest in respect of the application.  2009, c. 33, Sched. 4, s. 1 (53). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (52) - 15/12/2009; 2009, c. 33, Sched. 4, s. 1 (53) - 15/06/2010
112 The filing of a notice of appeal does not stay the conviction unless a judge so orders.  R.S.O. 1990, c. P.33, s. 112.
113 (1) Where an appellant is in custody pending the hearing of the appeal and the hearing of the appeal has not commenced within thirty days from the day on which notice of the appeal was given, the person having custody of the appellant shall make a motion to a judge to fix a date for the hearing of the appeal. Idem (2) Upon receiving a motion under subsection (1), the judge shall, after giving the prosecutor a reasonable opportunity to be heard, fix a date for the hearing of the appeal and give such directions as the judge thinks appropriate for expediting the hearing of the appeal.  R.S.O. 1990, c. P.33, s. 113.
114 A person does not waive the right of appeal by reason only that the person pays the fine or complies with any order imposed upon conviction.  R.S.O. 1990, c. P.33, s. 114.
115 Where a notice of appeal has been filed, the clerk or local registrar of the appeal court shall notify the clerk of the trial court of the appeal and, upon receipt of the notification, the clerk of the trial court shall transmit the order appealed from and transmit or transfer custody of all other material in his or her possession or control relevant to the proceeding to the clerk or local registrar of the appeal court to be kept with the records of the appeal court.  R.S.O. 1990, c. P.33, s. 115. Appeals under Part III
116 (1) Where a proceeding is commenced by information under Part III, the defendant or the prosecutor or the Attorney General by way of intervention may appeal from, (a)  a conviction; (b)  a dismissal; (c)  a finding as to ability, because of mental disorder, to conduct a defence; (d)  a sentence; or (e)  any other order as to costs.  2009, c. 33, Sched. 4, s. 1 (54). Appeal court (2) An appeal under subsection (1) shall be, (a)  where the appeal is from the decision of a justice of the peace, to the Ontario Court of Justice presided over by a provincial judge; or (b)  where the appeal is from the decision of a provincial judge, to the Superior Court of Justice.  R.S.O. 1990, c. P.33, s. 116 (2); 2000, c. 26, Sched. A, s. 13 (5, 6). Notice of appeal (3) The appellant shall give notice of appeal in such manner and within such period as is provided by the rules of court.  R.S.O. 1990, c. P.33, s. 116 (3). Simultaneous application (4) Despite subsection (3), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal.  2009, c. 33, Sched. 4, s. 1 (55). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5, 6) - 6/12/2000 2009, c. 33, Sched. 4, s. 1 (54, 55) - 15/12/2009
117 (1) The court may, where it considers it to be in the interests of justice, (a)  order the production of any writing, exhibit or other thing relevant to the appeal; (a.1)  amend the information, unless it is of the opinion that the defendant has been misled or prejudiced in his or her defence or appeal; (b)  order any witness who would have been a compellable witness at the trial, whether or not he or she was called at the trial, (i)  to attend and be examined before the court, or (ii)  to be examined in the manner provided by the rules of court before a judge of the court, or before any officer of the court or justice of the peace or other person appointed by the court for the purpose; (c)  admit, as evidence, an examination that is taken under subclause (b) (ii); (d)  receive the evidence, if tendered, of any witness; (e)  order that any question arising on the appeal that, (i)  involves prolonged examination of writings or accounts, or scientific investigation, and (ii)  cannot in the opinion of the court conveniently be inquired into before the court, be referred for inquiry and report, in the manner provided by the rules of court, to a special commissioner appointed by the court; and (f)  act upon the report of a commissioner who is appointed under clause (e) in so far as the court thinks fit to do so.  R.S.O. 1990, c. P.33, s. 117 (1); 2009, c. 33, Sched. 4, s. 1 (56). Rights of parties (2) Where the court exercises a power under this section, the parties or their representatives are entitled to examine or cross-examine witnesses and, in an inquiry under clause (1) (e), are entitled to be present during the inquiry and to adduce evidence and to be heard.  R.S.O. 1990, c. P.33, s. 117 (2); 2006, c. 21, Sched. C, s. 131 (18). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (18) - 01/05/2007 2009, c. 33, Sched. 4, s. 1 (56) - 15/12/2009
118 (1) An appellant or respondent may appear and act personally or by representative.  2006, c. 21, Sched. C, s. 131 (19). Attendance while in custody (2) An appellant or respondent who is in custody as a result of the decision appealed from is entitled to be present at the hearing of the appeal.  R.S.O. 1990, c. P.33, s. 118 (2). Sentencing in absence (3) The power of a court to impose sentence may be exercised although the appellant or respondent is not present.  R.S.O. 1990, c. P.33, s. 118 (3). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (19) - 01/05/2007
119 An appellant or respondent may present the case on appeal and argument in writing instead of orally, and the court shall consider any case or argument so presented.  R.S.O. 1990, c. P.33, s. 119.
120 (1) On the hearing of an appeal against a conviction or against a finding as to the ability, because of mental disorder, to conduct a defence, the court by order, (a)  may allow the appeal where it is of the opinion that, (i)  the finding should be set aside on the ground that it is unreasonable or cannot be supported by the evidence, (ii)  the judgment of the trial court should be set aside on the ground of a wrong decision on a question of law, or (iii)  on any ground, there was a miscarriage of justice; or (b)  may dismiss the appeal where, (i)  the court is of the opinion that the appellant, although the appellant was not properly convicted on a count or part of an information, was properly convicted on another count or part of the information, (ii)  the appeal is not decided in favour of the appellant on any ground mentioned in clause (a), or (iii)  although the court is of the opinion that on any ground mentioned in subclause (a) (ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of justice has occurred. Idem (2) Where the court allows an appeal under clause (1) (a), it shall, (a)  where the appeal is from a conviction, (i)  direct a finding of acquittal to be entered, or (ii)  order a new trial; or (b)  where the appeal is from a finding as to the ability, because of mental disorder, to conduct a defence, order a new trial, subject to section 44. Idem (3) Where the court dismisses an appeal under clause (1) (b), it may substitute the decision that in its opinion should have been made and affirm the sentence passed by the trial court or impose a sentence that is warranted in law.  R.S.O. 1990, c. P.33, s. 120.
121 Where an appeal is from an acquittal, the court may by order, (a)  dismiss the appeal; or (b)  allow the appeal, set aside the finding and, (i)  order a new trial, or (ii)  enter a finding of guilt with respect to the offence of which, in its opinion, the person who has been accused of the offence should have been found guilty, and pass a sentence that is warranted in law.  R.S.O. 1990, c. P.33, s. 121; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991
122 (1) Where an appeal is taken against sentence, the court shall consider the fitness of the sentence appealed from and may, upon such evidence, if any, as it thinks fit to require or receive, by order, (a)  dismiss the appeal; or (b)  vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted, and, in making any order under clause (b), the court may take into account any time spent in custody by the defendant as a result of the offence. Variance of sentence (2) A judgment of a court that varies a sentence has the same force and effect as if it were a sentence passed by the trial court.  R.S.O. 1990, c. P.33, s. 122.
123 Where one sentence is passed upon a finding of guilt on two or more counts, the sentence is good if any of the counts would have justified the sentence.  R.S.O. 1990, c. P.33, s. 123; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991
124 (1) Judgment shall not be given in favour of an appellant based on any alleged defect in the substance or form of an information, certificate or process or any variance between the information, certificate or process and the evidence adduced at trial unless it is shown that objection was taken at the trial and that, in the case of a variance, an adjournment of the trial was refused although the variance had misled the appellant. Idem (2) Where an appeal is based on a defect in a conviction or an order, judgment shall not be given in favour of the appellant, but the court shall make an order curing the defect.  R.S.O. 1990, c. P.33, s. 124.
125 Where a court exercises any of the powers conferred by sections 117 to 124, it may make any order, in addition, that justice requires.  R.S.O. 1990, c. P.33, s. 125.
126 (1) Where a court orders a new trial, it shall be held in the Ontario Court of Justice presided over by a justice other than the justice who tried the defendant in the first instance unless the appeal court directs that the new trial be held before the justice who tried the defendant in the first instance.  R.S.O. 1990, c. P.33, s. 126 (1); 2000, c. 26, Sched. A, s. 13 (6). Order for release (2) Where a court orders a new trial, it may make such order for the release or detention of the appellant pending such trial as may be made by a justice under subsection 150 (2) and the order may be enforced in the same manner as if it had been made by a justice under that subsection.  R.S.O. 1990, c. P.33, s. 126 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000
127 (1) Where, because of the condition of the record of the trial in the trial court or for any other reason, the court, upon the motion of the appellant or respondent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a new trial in the court, the court may order that the appeal shall be heard by way of a new trial in the court and for this purpose this Act applies with necessary modifications in the same manner as to a proceeding in the trial court. Evidence (2) The court may, for the purpose of hearing and determining an appeal under subsection (1), permit the evidence of any witness taken before the trial court to be read if that evidence has been authenticated and if, (a)  the appellant and respondent consent; (b)  the court is satisfied that the attendance of the witness cannot reasonably be obtained; or (c)  by reason of the formal nature of the evidence or otherwise the court is satisfied that the opposite party will not be prejudiced, and any evidence that is read under the authority of this subsection has the same force and effect as if the witness had given the evidence before the court.  R.S.O. 1990, c. P.33, s. 127.
128 (1) The court may, upon proof that notice of an appeal has been given and that, (a)  the appellant has failed to comply with any order made under section 110 or 111 or with the conditions of any recognizance entered into under either of those sections; or (b)  the appeal has not been proceeded with or has been abandoned, order that the appeal be dismissed.  R.S.O. 1990, c. P.33, s. 128; 1993, c. 27, Sched. Dismissal by justice (2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed.  2011, c. 1, Sched. 1, s. 7 (10). Motion to restore (3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored.  2011, c. 1, Sched. 1, s. 7 (10). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991 2011, c. 1, Sched. 1, s. 7 (10) - 30/03/2011
129 (1) Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the court may make any order with respect to costs that it considers just and reasonable. Payment (2) Where the court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the trial court, to be paid by the clerk to the person entitled to them, and shall fix the period within which the costs shall be paid. Enforcement (3) Costs ordered to be paid under this section by a person other than a prosecutor acting on behalf of the Crown shall be deemed to be a fine for the purpose of enforcing its payment.  R.S.O. 1990, c. P.33, s. 129.
130 An order or judgment of the appeal court shall be implemented or enforced by the trial court and the clerk or local registrar of the appeal court shall send to the clerk of the trial court the order and all writings relating thereto.  R.S.O. 1990, c. P.33, s. 130.
131 (1) A defendant or the prosecutor or the Attorney General by way of intervention may appeal from the judgment of the court to the Court of Appeal, with leave of a judge of the Court of Appeal on special grounds, upon any question of law alone or as to sentence. Grounds for leave (2) No leave to appeal shall be granted under subsection (1) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that leave be granted. Appeal as to leave (3) No appeal or review lies from a decision on a motion for leave to appeal under subsection (1).  R.S.O. 1990, c. P.33, s. 131.
132 A defendant who appeals shall, if the defendant is in custody, remain in custody, but a judge may order his or her release upon any of the conditions set out in subsection 150 (2).  R.S.O. 1990, c. P.33, s. 132.
133 Where a motion for leave to appeal is made, the Registrar of the Court of Appeal shall notify the clerk or local registrar of the court appealed from of the motion and, upon receipt of the notification, the clerk or local registrar of the court shall transmit to the Registrar all the material forming the record including any other relevant material requested by a judge of the Court of Appeal.  R.S.O. 1990, c. P.33, s. 133.
134 Sections 114, 117, 118, 119, 120, 121, 122, 123, 124, 125 and 126, clause 128 (b) and section 129 apply with necessary modifications to appeals to the Court of Appeal under section 131.  R.S.O. 1990, c. P.33, s. 134. Appeals under Parts I and II
135 (1) A defendant or the prosecutor or the Attorney General by way of intervention is entitled to appeal an acquittal, conviction or sentence in a proceeding commenced by certificate under Part I or II and the appeal shall be to the Ontario Court of Justice presided over by a provincial judge.  R.S.O. 1990, c. P.33, s. 135 (1); 2000, c. 26, Sched. A, s. 13 (6). Application for appeal (2) A notice of appeal shall be in the prescribed form and shall state the reasons why the appeal is taken and shall be filed with the clerk of the court within 30 days after the making of the decision appealed from, in accordance with the rules of court.  R.S.O. 1990, c. P.33, s. 135 (2); 2009, c. 33, Sched. 4, s. 1 (57). Simultaneous application (2.1) Despite subsection (2), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal.  2009, c. 33, Sched. 4, s. 1 (58). Notice of hearing (3) The clerk shall, as soon as is practicable, give a notice to the defendant and prosecutor of the time and place of the hearing of the appeal.  R.S.O. 1990, c. P.33, s. 135 (3); 2017, c. 34, Sched. 35, s. 25. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000 2009, c. 33, Sched. 4, s. 1 (57, 58) - 15/12/2009 2017, c. 34, Sched. 35, s. 25 - 14/12/2017
136 (1) Upon an appeal, the court shall give the parties an opportunity to be heard for the purpose of determining the issues and may, where the circumstances warrant it, make such inquiries as are necessary to ensure that the issues are fully and effectively defined. Review (2) An appeal shall be conducted by means of a review. Evidence (3) In determining a review, the court may, (a)  hear or rehear the recorded evidence or any part thereof and may require any party to provide a transcript of the evidence, or any part thereof, or to produce any further exhibit; (b)  receive the evidence of any witness whether or not the witness gave evidence at the trial; (c)  require the justice presiding at the trial to report in writing on any matter specified in the request; or (d)  receive and act upon statements of agreed facts or admissions.  R.S.O. 1990, c. P.33, s. 136.
137 (1) Where an appeal has not been proceeded with or abandoned, the court may order that the appeal be dismissed.  R.S.O. 1990, c. P.33, s. 137. Dismissal by justice (2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed.  2009, c. 33, Sched. 4, s. 1 (59). Motion to restore (3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored.  2009, c. 33, Sched. 4, s. 1 (59). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (59) - 15/12/2009
138 (1) Upon an appeal, the court may affirm, reverse or vary the decision appealed from or where, in the opinion of the court, it is necessary to do so to satisfy the ends of justice, direct a new trial.  R.S.O. 1990, c. P.33, s. 138 (1). New trial (2) Where the court directs a new trial, it shall be held in the Ontario Court of Justice presided over by a justice other than the justice who tried the defendant in the first instance, but the appeal court may, with the consent of the parties to the appeal, direct that the new trial be held before the justice who tried the defendant in the first instance or before the judge who directs the new trial.  R.S.O. 1990, c. P.33, s. 138 (2); 2000, c. 26, Sched. A, s. 13 (6). Costs (3) Upon an appeal, the court may make an order under section 60 for the payment of costs incurred on the appeal, and subsection (3) thereof applies to the order.  R.S.O. 1990, c. P.33, s. 138 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000
139 (1) An appeal lies from the judgment of the Ontario Court of Justice in an appeal under section 135 to the Court of Appeal, with leave of a judge of the Court of Appeal, on special grounds, upon any question of law alone.  R.S.O. 1990, c. P.33, s. 139 (1); 2000, c. 26, Sched. A, s. 13 (6). Grounds for leave (2) No leave to appeal shall be granted under subsection (1) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that leave be granted.  R.S.O. 1990, c. P.33, s. 139 (2). Costs (3) Upon an appeal under this section, the Court of Appeal may make any order with respect to costs that it considers just and reasonable.  R.S.O. 1990, c. P.33, s. 139 (3). Appeal as to leave (4) No appeal or review lies from a decision on a motion for leave to appeal under subsection (1).  R.S.O. 1990, c. P.33, s. 139 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000 Review
140 (1) On application, the Superior Court of Justice may by order grant any relief in respect of matters arising under this Act that the applicant would be entitled to in an application for an order in the nature of mandamus, prohibition or certiorari.  R.S.O. 1990, c. P.33, s. 140 (1); 2000, c. 26, Sched. A, s. 13 (5). Notice of application (2) Notice of an application under this section shall be served on, (a)  the person whose act or omission gives rise to the application; (b)  any person who is a party to a proceeding that gives rise to the application; and (c)  the Attorney General.  R.S.O. 1990, c. P.33, s. 140 (2). Appeal (3) An appeal lies to the Court of Appeal from an order made under this section.  R.S.O. 1990, c. P.33, s. 140 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5) - 6/12/2000