jswizzle3737/ontario_laws_and_regs huggingface dataset:
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 (4) Repealed:  2009, c. 33, Sched. 4, s. 1 (3). Certificate of service (5) Where service is made by the provincial offences officer who issued the certificate of offence, the officer shall certify on the certificate of offence that he or she personally served the offence notice or summons on the person charged and the date of service.  R.S.O. 1990, c. P.33, s. 3 (5). Affidavit of service (6) Where service is made by a person other than the provincial offences officer who issued the certificate of offence, he or she shall complete an affidavit of service in the prescribed form.  R.S.O. 1990, c. P.33, s. 3 (6). Certificate as evidence (7) A certificate of service of an offence notice or summons purporting to be signed by the provincial offences officer issuing it or an affidavit of service under subsection (6) shall be received in evidence and is proof of personal service in the absence of evidence to the contrary.  R.S.O. 1990, c. P.33, s. 3 (7). Officer not to act as agent (8) The provincial offences officer who serves an offence notice or summons under this section shall not receive payment of any money in respect of a fine, or receive the offence notice for delivery to the court.  R.S.O. 1990, c. P.33, s. 3 (8). Section Amendments with date in force (d/m/y) 1993,c.31,s.1 (1) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (2, 3) - 15/12/2009 2017, c. 34, Sched. 35, s. 2 - no effect - 2020, c. 18, Sched. 18, s. 17 - 21/07/2020
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 intention to appear in court for the purpose of entering a plea and having a trial of the matter.  2009, c. 33, Sched. 4, s. 1 (5). Notice of intention to appear in offence notice (2) The defendant must give notice of intention to appear by, (a)  completing the notice of intention to appear part of the offence notice; and (b)  delivering the offence notice to the court office specified in it by mail or in any other manner specified in the offence notice.  2009, c. 33, Sched. 4, s. 1 (5); 2020, c. 18, Sched. 18, s. 2 (1, 2). (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 unless it is given to the court office specified on the offence notice. 2020, c. 18, Sched. 18, s. 2 (6). Notice of trial (5) Where a notice of intention to appear is received under this section, the clerk of the court shall, as soon as is practicable, give notice to the defendant and the prosecutor of the time and place of the trial.  2009, c. 33, Sched. 4, s. 1 (5); 2017, c. 34, Sched. 35, s. 24; 2020, c. 18, Sched. 18, s. 2 (7). Rescheduling time of trial (6) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (5).  2009, c. 33, Sched. 4, s. 1 (5). Section Amendments with date in force (d/m/y) 1993,c.31,s.1 (2) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (5) - 31/03/2012 2017, c. 34, Sched. 35, s. 24 - 14/12/2017 2020, c. 18, Sched. 18, s. 2 (1, 4, 6, 7) - 21/07/2020; 2020, c. 18, Sched. 18, s. 2 (2, 3, 5) - 21/07/2021
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, Sched. 8, s. 3 - 22/03/2023
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 (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 - 21/07/2020
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 out the conviction if the justice determines that the requirements in subsection (2) have been met. 2023, c. 2, Sched. 8, s. 1. Notice if conviction struck out (4) If a conviction is struck out under subsection (2) or (3), the clerk of the court shall give notice, (a)  to the defendant of the time and place to appear under section 7, if the offence notice does not indicate that the option of a meeting under section 5.1 is available and the defendant wishes to proceed under section 7; (b)  to the defendant and the prosecutor of the time and place of their meeting under section 5.1, if the offence notice indicates that the option of a meeting under that section is available and the defendant wishes to proceed under that section; or (c)  to the defendant and the prosecutor of the time and place of the trial. 2023, c. 2, Sched. 8, s. 1. Rescheduling time of trial (5) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days after giving the notice referred to in clause (4) (c). 2023, c. 2, Sched. 8, s. 1. Certificate (6) A justice or a clerk of the court who strikes out a conviction under this section shall give the defendant a certificate of the fact in the prescribed form. 2023, c. 2, Sched. 8, s. 1. Transition (7) For greater certainty, this section applies with respect to a conviction entered before the day section 1 of Schedule 8 to the Less Red Tape, Stronger Ontario Act, 2023 came into force, unless, before that day, (a)  an application to strike out the conviction was made under this section, as it then read; and (b)  the application was examined by a justice. 2023, c. 2, Sched. 8, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (5) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (16) - 31/03/2012 2017, c. 34, Sched. 35, s. 6 - no effect - see 2023, c. 2, Sched. 8, s. 3 - 22/03/2023 2020, c. 18, Sched. 18, s. 4 (1, 3) - 21/07/2020; 2020, c. 18, Sched. 18, s. 4 (2) - no effect - see 2023, c. 2, Sched. 8, s. 3 - 22/03/2023 2023, c. 2, Sched. 8, s. 1 - 22/09/2023
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 the conviction, except, (i)  for the purpose of carrying out the sentence imposed, (ii)  for the purpose of recording and proving the conviction, (iii)  for the purposes of giving effect to any action or result provided for under the Highway Traffic Act, and (iv)  Repealed:  2004, c. 22, s. 7 (2). (v)   for the purposes of section 22 of the Smoke-Free Ontario Act, 2017; and (b)  any thing seized in connection with the offence after the service of the offence notice is not liable to forfeiture.  R.S.O. 1990, c. P.33, s. 12 (2); 1994, c. 10, s. 23; 2004, c. 22, s. 7; 2005, c. 18, s. 18; 2017, c. 26, Sched. 3, s. 27. Section Amendments with date in force (d/m/y) 1994, c. 10, s. 23 - 30/11/1994 2004, c. 22, s. 7 (1, 2) - 9/12/2004 2005, c. 18, s. 18 - 31/05/2006 2009, c. 33, Sched. 4, s. 1 (18) - 15/12/2009 2017, c. 26, Sched. 3, s. 27 - 17/10/2018
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. 34, Sched. 35, s. 7 (1); 2020, c. 36, Sched. 39, s. 2 (2). Sufficiency of abbreviated wording (2) The use on a form prescribed under clause (1.1) (a) of any word or expression authorized by the regulations to designate an offence is sufficient for all purposes to describe the offence designated by such word or expression.  R.S.O. 1990, c. P.33, s. 13 (2); 2011, c. 1, Sched. 1, s. 7 (5). Idem (3) Where the regulations do not authorize the use of a word or expression to describe an offence in a form prescribed under clause (1.1) (a), the offence may be described in accordance with section 25.  R.S.O. 1990, c. P.33, s. 13 (3); 2011, c. 1, Sched. 1, s. 7 (5). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (6) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (20) - 31/03/2012 2011, c. 1, Sched. 1, s. 7 (1-5) - 31/03/2012 2017, c. 34, Sched. 35, s. 7 (1) - 01/11/2021; 2017, c. 34, Sched. 35, s. 7 (2) - no effect - see 2020, c. 36, Sched. 39, s. 3 (2) - 08/12/2020 2020, c. 36, Sched. 39, s. 2 (1) - no effect - see 2023, c. 2, Sched. 8, s. 2 - 22/03/2023; 2020, c. 36, Sched. 39, s. 2 (2) - 01/11/2021 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 infraction; or (b)  by delivering it personally to the person having care and control of the vehicle at the time of the alleged infraction. Service on operator (5) The issuing provincial offences officer may serve the parking infraction notice on the operator of a vehicle by delivering it to the operator personally at the time of the alleged infraction. Certificate of service (6) The issuing provincial offences officer shall certify on the certificate of parking infraction that he or she served the parking infraction notice on the person charged and the date and method of service. Certificate as evidence (7) If it appears that the provincial offences officer who issued a certificate of parking infraction has certified service of the parking infraction notice and signed the certificate, the certificate shall be received in evidence and is proof of service unless there is evidence to the contrary.  1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993
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 proceeding is commenced, the clerk of the court or a person designated by the regulations shall give notice to the defendant and prosecutor of the time and place of the trial.  1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (8); 2017, c. 34, Sched. 35, s. 24. Rescheduling time of trial (4.1) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (4).  2009, c. 33, Sched. 4, s. 1 (21). Certificate not invalid without by-law number (5) A certificate of parking infraction issued for an infraction under a by-law of a municipality is not insufficient or irregular by reason only that it does not identify the by-law that creates the offence if the notice of trial given to the defendant identifies the by-law.  1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993; 1993, c. 31, s. 1 (7, 8) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (21) - 15/12/2009 2017, c. 34, Sched. 35, s. 24 - 14/12/2017
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, 11) - 15/08/1994
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 (1). Notice of trial (4) As soon as practicable after the proceeding is commenced, the clerk of the court or a person designated by the regulations shall give notice to the defendant and prosecutor of the time and place of the trial.  1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (13); 2017, c. 34, Sched. 35, s. 24. Rescheduling time of trial (5) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in subsection (4).  2009, c. 33, Sched. 4, s. 1 (24). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993; 1993, c. 31, s. 1 (12, 13) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (24) - 15/12/2009 2017, c. 34, Sched. 35, s. 24 - 14/12/2017
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 conviction at least fifteen days before the certificate requesting a conviction is filed; (e)  that the alleged infraction occurred less than seventy-five days before the certificate requesting a conviction is filed; and (f)  the prescribed information.  1992, c. 20, s. 1 (1); 2020, c. 18, Sched. 18, s. 15. Idem (3) If the certificate of parking infraction was issued for an infraction under a by-law of a municipality, the certificate requesting a conviction shall also state, (a)  that payment of the set fine has not been made; and (b)  that the defendant has not given notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter.  1992, c. 20, s. 1 (1); 1993, c. 31, s. 1 (16). Idem (4) A certificate requesting a conviction purporting to be signed by the person authorized to prepare it shall be received in evidence and is proof, in the absence of evidence to the contrary, of the facts contained in it. Proceeding commenced (5) A proceeding may be commenced in respect of the charge by filing the certificate requesting a conviction in the office of the court, but only if the certificate is filed within seventy-five days after the alleged infraction occurred.  1992, c. 20, s. 1 (1). Recording of conviction (6) Upon receiving a certificate requesting a conviction, the clerk of the court shall record a conviction and the defendant is then liable to pay the set fine for the offence.  1993, c. 31, s. 1 (17). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993; 1993, c. 31, s. 1 (15 - 17) - 15/08/1994 2020, c. 18, Sched. 18, s. 15 - 21/07/2020
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 owner of the vehicle.  1993, c. 31, s. 1 (18). Entering conviction (4) The justice shall enter a conviction with respect to a parking infraction under a by-law of a municipality without proof of the by-law that creates the offence if the justice is satisfied that the other criteria for entering a conviction have been met.  1993, c. 31, s. 1 (18). Quashing proceeding (5) The justice shall quash the proceeding if he or she is not able to enter a conviction.  1993, c. 31, s. 1 (18). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (18) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (27) - 15/12/2009 2020, c. 18, Sched. 18, s. 15 - 21/07/2020
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 person against whom the conviction is entered, in the form prescribed under section 20, setting out the date and place of the infraction, the date of the conviction and the amount of the fine.  1992, c. 20, s. 1 (1). If default (4) If the fine is in default, the clerk of the municipality may send notice to the person designated by the regulations certifying that it is in default.  1992, c. 20, s. 1 (1). Idem (5) If a conviction is entered respecting a parking infraction and the parking infraction is not under a by-law of a municipality to which subsection (1) applies, the clerk of the court shall give notice to the person against whom the conviction is entered of the date and place of the infraction, the date of the conviction and the amount of the fine.  1992, c. 20, s. 1 (1). Section Amendments with date in force (d/m/y) 1992, c. 20, s. 1 (1) - 01/09/1993 2009, c. 33, Sched. 4, s. 1 (28) - 15/12/2010 Reopening
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 and the prosecutor of the time and place of the trial.  2009, c. 33, Sched. 4, s. 1 (29). Rescheduling time of trial (4) The clerk of the court may, for administrative reasons, reschedule the time of the trial by giving a revised notice to the defendant and the prosecutor within 21 days of giving the notice referred to in clause (3) (b).  2009, c. 33, Sched. 4, s. 1 (29). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (19) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (29) - 31/03/2012 2020, c. 18, Sched. 18, s. 7 - 21/07/2020
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 justice shall receive an information laid in accordance with subsection (1) or (1.2). 2019, c. 15, Sched. 33, s. 1 (2). Where information may be laid (2) An information may be laid anywhere in Ontario.  R.S.O. 1990, c. P.33, s. 23 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (32) - 15/12/2009 2019, c. 15, Sched. 33, s. 1 (1, 2) - 10/12/2019
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 defendant to be so notified. Summons or warrants in blank (2) A justice shall not sign a summons or warrant in blank.  R.S.O. 1990, c. P.33, s. 24.
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 or district and may where the defendant appears award costs under section 60.  R.S.O. 1990, c. P.33, s. 29 (3). Change of venue (4) Where, on the motion of a defendant or prosecutor made to the court at the location named in the information or certificate, it appears to the court that, (a)  it would be appropriate in the interests of justice to do so; or (b)  both the defendant and prosecutor consent thereto, the court may order that the proceeding be heard and determined at another location in Ontario.  R.S.O. 1990, c. P.33, s. 29 (4). Conditions (5) The court may, in an order made on a motion by the prosecutor under subsection (3) or (4), prescribe conditions that it thinks proper with respect to the payment of additional expenses caused to the defendant as a result of the change of venue.  R.S.O. 1990, c. P.33, s. 29 (5). Time of order for change of venue (6) An order under subsection (3) or (4) may be made even if a motion preliminary to trial has been disposed of or the plea has been taken and it may be made at any time before evidence has been heard.  R.S.O. 1990, c. P.33, s. 29 (6). Preliminary motions (7) The court at a location to which a proceeding is transferred under this section may receive and determine any motion preliminary to trial although the same matter was determined by the court at the location from which the proceeding was transferred.  R.S.O. 1990, c. P.33, s. 29 (7). Delivery of papers (8) Where an order is made under subsection (3) or (4), the clerk of the court at the location where the trial was to be held before the order was made shall deliver any material in his or her possession in connection with the proceeding forthwith to the clerk of the court at the location where the trial is ordered to be held.  R.S.O. 1990, c. P.33, s. 29 (8). 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 (35) - 15/12/2009
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 Justice of the Ontario Court of Justice is for any reason unable to continue, another justice may make the order or impose the sentence that is authorized by law.  R.S.O. 1990, c. P.33, s. 30 (3); 2000, c. 26, Sched. A, s. 13 (6); 2002, c. 18, Sched. A, s. 15 (6). Consent to change presiding justice (4) A justice presiding at a trial may, at any stage of the trial and upon the consent of the prosecutor and defendant, order that the trial be conducted by another justice and, upon the order being given, subsection (2) applies as if the justice were unable to act.  R.S.O. 1990, c. P.33, s. 30 (4). Delegation (5) The Chief Justice of the Ontario Court of Justice may delegate the authority to exercise his or her functions under subsection (2) or (3) with respect to justices in a region to the regional senior judge or the regional senior justice of the peace of the region. 2017, c. 20, Sched. 2, s. 38. When presiding justice appointed to another court (6) A justice who is appointed to another court during a trial over which the justice is presiding continues to have jurisdiction to preside over the trial until its completion. 2019, c. 7, Sched. 51, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (6) - 6/12/2000 2002, c. 18, Sched. A, s. 15 (6) - 26/11/2002 2017, c. 20, Sched. 2, s. 38 - 14/11/2017 2019, c. 7, Sched. 51, s. 1 - 29/05/2019
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 subsection (1) may be recommenced by direction of the Attorney General, the Deputy Attorney General or a Crown Attorney to the clerk of the court but a proceeding that is stayed shall not be recommenced, (a)  later than one year after the stay; or (b)  after the expiration of any limitation period applicable, which shall run as if the proceeding had not been commenced until the recommencement, whichever is the earlier.  R.S.O. 1990, c. P.33, s. 32 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (5) - 01/05/2007 2017, c. 34, Sched. 35, s. 9 - 14/12/2017
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 limitation; or (b)  the place where the subject-matter of the proceeding is alleged to have arisen, except in an issue as to the jurisdiction of the court. Considerations on amendment (4) The court shall, in considering whether or not an amendment should be made, consider, (a)  the evidence taken on the trial, if any; (b)  the circumstances of the case; (c)  whether the defendant has been misled or prejudiced in the defendant’s defence by a variance, error or omission; and (d)  whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done. Amendment, question of law (5) The question whether an order to amend an information or certificate should be granted or refused is a question of law.  R.S.O. 1990, c. P.33, s. 34 (1-5). Endorsement of order to amend (6) An order to amend an information or certificate shall be endorsed on the information or certificate as part of the record and the trial shall proceed as if the information or certificate had been originally laid as amended.  R.S.O. 1990, c. P.33, s. 34 (6); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991
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 or her possession or under his or her control relating to the subject-matter of the proceeding.  R.S.O. 1990, c. P.33, s. 39 (3). Remaining in attendance (4) A person who is served with a summons shall remain in attendance during the hearing and the hearing as resumed after adjournment from time to time unless the person is excused from attendance by the presiding justice.  R.S.O. 1990, c. P.33, s. 39 (4). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991 2009, c. 33, Sched. 4, s. 1 (36) - 15/12/2009