jswizzle3737/ontario_laws_and_regs huggingface dataset:
41 (1) Where a person whose attendance is required in court to stand trial or to give evidence is confined in a prison, and a judge is satisfied, upon evidence under oath or affirmation orally or by affidavit, that the person’s attendance is necessary to satisfy the ends of justice, the judge may issue an order in the prescribed form that the person be brought before the court, from day to day, as may be necessary. Idem (2) An order under subsection (1) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall, (a)  deliver the prisoner to the police officer or other person who is named in the order to receive the prisoner; or (b)  bring the prisoner before the court upon payment of the person’s reasonable charges in respect thereof. Idem (3) An order made under subsection (1) shall direct the manner in which the person shall be kept in custody and returned to the prison from which he or she is brought.  R.S.O. 1990, c. P.33, s. 41.
42 (1) Every person who, being required by law to attend or remain in attendance at a hearing, fails without lawful excuse to attend or remain in attendance accordingly is guilty of an offence and on conviction is liable to a fine of not more than $2,000, or to imprisonment for a term of not more than thirty days, or to both. Proof of failure to attend (2) In a proceeding under subsection (1), a certificate of the clerk of the court or a justice stating that the defendant failed to attend is admissible in evidence as proof, in the absence of evidence to the contrary, of the fact without proof of the signature or office of the person appearing to have signed the certificate.  R.S.O. 1990, c. P.33, s. 42.
43 (1) Upon the motion of the defendant or prosecutor, a judge or, during trial, the court may by order appoint a commissioner to take the evidence of a witness who is out of Ontario or is not likely to be able to attend the trial by reason of illness or physical disability or for some other good and sufficient cause.  R.S.O. 1990, c. P.33, s. 43 (1). Admission of commission evidence (2) Evidence taken by a commissioner appointed under subsection (1) may be read in evidence in the proceeding if, (a)  it is proved by oral evidence or by affidavit that the witness is unable to attend for a reason set out in subsection (1); (b)  the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and (c)  it is proved to the satisfaction of the court that reasonable notice of the time and place for taking the evidence was given to the other party, and the party had full opportunity to cross-examine the witness.  R.S.O. 1990, c. P.33, s. 43 (2). Attendance of accused (3) An order under subsection (1) may make provision to enable the defendant to be present or represented by representative when the evidence is taken, but failure of the defendant to be present or to be represented by representative in accordance with the order does not prevent the reading of the evidence in the proceeding if the evidence has otherwise been taken in accordance with the order and with this section.  R.S.O. 1990, c. P.33, s. 43 (3); 2006, c. 21, Sched. C, s. 131 (6). Application of rules in civil cases (4) Except as otherwise provided by this section or by the rules of court, the practice and procedure in connection with the appointment of commissioners under this section, the taking of evidence by commissioners, the certifying and return thereof, and the use of the evidence in the proceeding shall, as far as possible, be the same as those that govern like matters in civil proceedings in the Superior Court of Justice.  R.S.O. 1990, c. P.33, s. 43 (4); 2000, c. 26, Sched. A, s. 13 (5). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. A, s. 13 (5) - 6/12/2000 2006, c. 21, Sched. C, s. 131 (6) - 01/05/2007
44 (1) Where at any time before a defendant is sentenced a court has reason to believe, based on, (a)  the evidence of a legally qualified medical practitioner or, with the consent of the parties, a written report of a legally qualified medical practitioner; or (b)  the conduct of the defendant in the courtroom, that the defendant suffers from mental disorder, the court may, (c)  where the justice presiding is a judge, by order suspend the proceeding and direct the trial of the issue as to whether the defendant is, because of mental disorder, unable to conduct his or her defence; or (d)  where the justice presiding is a justice of the peace, refer the matter to a judge who may make an order referred to in clause (c). Examination (2) For the purposes of subsection (1), the court may order the defendant to attend to be examined under subsection (5). Finding (3) The trial of the issue shall be presided over by a judge and, (a)  where the judge finds that the defendant is, because of mental disorder, unable to conduct his or her defence, the judge shall order that the proceeding remain suspended; (b)  where the judge finds that the defendant is able to conduct his or her defence, the judge shall order that the suspended proceeding be continued. Application for rehearing as to capacity (4) At any time within one year after an order is made under subsection (3), either party may, upon seven days notice to the other, make a motion to a judge to rehear the trial of the issue and where upon the rehearing the judge finds that the defendant is able to conduct his or her defence, the judge may order that the suspended proceeding be continued.  R.S.O. 1990, c. P.33, s. 44 (1-4). Order for examination (5) For the purposes of subsection (1) or a hearing or rehearing under subsection (3) or (4), the court or judge may order the defendant to attend at such place or before such person and at or within such time as are specified in the order and submit to an examination for the purpose of determining whether the defendant is, because of mental disorder, unable to conduct his or her defence.  R.S.O. 1990, c. P.33, s. 44 (5); 1993, c. 27, Sched. Idem (6) Where the defendant fails or refuses to comply with an order under subsection (5) without reasonable excuse or where the person conducting the examination satisfies a judge that it is necessary to do so, the judge may by warrant direct that the defendant be taken into such custody as is necessary for the purpose of the examination and in any event for not longer than seven days and, where it is necessary to detain the defendant in a place, the place shall be, where practicable, a psychiatric facility.  R.S.O. 1990, c. P.33, s. 44 (6); 2017, c. 34, Sched. 35, s. 10. Limitation on suspension of proceeding (7) Where an order is made under subsection (3) and one year has elapsed and no further order is made under subsection (4), no further proceeding shall be taken in respect of the charge or any other charge arising out of the same circumstance.  R.S.O. 1990, c. P.33, s. 44 (7). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991 2017, c. 34, Sched. 35, s. 10 - 14/12/2017
45 (1) After being informed of the substance of the information or certificate, the defendant shall be asked whether the defendant pleads guilty or not guilty of the offence charged in it.  2009, c. 33, Sched. 4, s. 1 (37). Conviction on plea of guilty (2) Where the defendant pleads guilty, the court may accept the plea and convict the defendant.  2009, c. 33, Sched. 4, s. 1 (37). Conditions of accepting plea (3) A court may accept a plea of guilty only if it is satisfied that the defendant, (a)  is making the plea voluntarily; (b)  understands that the plea is an admission of the essential elements of the offence; (c)  understands the nature and consequences of the plea; and (d)  understands that the court is not bound by any agreement made between the defendant and the prosecutor.  2009, c. 33, Sched. 4, s. 1 (37). Same, participation by electronic method (3.1) If the defendant is making a plea by electronic method under section 83.1, the court may accept a plea of guilty only if, in addition to subsection (3), the court is satisfied that, (a)  the defendant does not believe that the defendant’s ability to conduct a defence is compromised by participating by electronic method; and (b)  the defendant is not being unduly influenced in making the plea by circumstances or persons at the location where the defendant is physically located. 2020, c. 18, Sched. 18, s. 9. Validity of plea not affected (4) The failure of a court to fully inquire into whether the conditions set out in subsection (3) are met does not affect the validity of the plea.  2009, c. 33, Sched. 4, s. 1 (37). Refusal to plead (5) Where the defendant refuses to plead or does not answer directly, the court shall enter a plea of not guilty.  2009, c. 33, Sched. 4, s. 1 (37). Plea of guilty to another offence (6) Where the defendant pleads guilty of an offence other than the offence charged, and whether or not it is an included offence and whether or not the defendant has pleaded not guilty to the offence charged, the court may, with the consent of the prosecutor, accept such plea of guilty and accordingly amend the certificate of offence, the certificate of parking infraction or the information, as the case may be, or substitute the offence to which the defendant pleads guilty.  2009, c. 33, Sched. 4, s. 1 (37). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2009, c. 33, Sched. 4, s. 1 (37) - 15/06/2010 2020, c. 18, Sched. 18, s. 9 - 21/07/2020
45.1 (1) On application by the prosecutor or the defendant or on his or her own motion, a justice may order that a pre-trial conference be held between the prosecutor and the defendant or a representative of the defendant.  2009, c. 33, Sched. 4, s. 1 (38). Matters for consideration (2) The court, or a justice of the court, shall preside over the pre-trial conference, the purpose of which is to, (a)  consider the matters that, to promote a fair and expeditious trial, would be better decided before the start of the proceedings and other similar matters; and (b)  make arrangements for decisions on those matters.  2009, c. 33, Sched. 4, s. 1 (38). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (38) - 15/12/2009
46 (1) If the defendant pleads not guilty, the court shall hold the trial.  2009, c. 33, Sched. 4, s. 1 (39). Right to defend (2) The defendant is entitled to make full answer and defence.  R.S.O. 1990, c. P.33, s. 46 (2). Right to examine witnesses (3) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses.  R.S.O. 1990, c. P.33, s. 46 (3). Agreed facts (4) The court may receive and act upon any facts agreed upon by the defendant and prosecutor without proof or evidence.  R.S.O. 1990, c. P.33, s. 46 (4). Defendant not compellable (5) Despite section 8 of the Evidence Act, the defendant is not a compellable witness for the prosecution.  R.S.O. 1990, c. P.33, s. 46 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 4, s. 1 (39) - 15/12/2009 Evidence and burden of proof
47 (1) The court may receive and consider evidence taken before the same justice on a different charge against the same defendant, with the consent of the parties.  R.S.O. 1990, c. P.33, s. 47 (1). Certificate as evidence (2) Where a certificate as to the content of an official record is, by any Act, made admissible in evidence as proof, in the absence of evidence to the contrary, the court may, for the purpose of deciding whether the defendant is the person referred to in the certificate, receive and base its decision upon information it considers credible or trustworthy in the circumstances of each case.  R.S.O. 1990, c. P.33, s. 47 (2); 1993, c. 27, Sched. Burden of proving exception, etc. (3) The burden of proving that an authorization, exception, exemption or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the authorization, exception, exemption or qualification does not operate in favour of the defendant, whether or not it is set out in the information.  R.S.O. 1990, c. P.33, s. 47 (3). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991
48 (1) The court may order that an exhibit be kept in such custody and place as, in the opinion of the court, is appropriate for its preservation. Release of exhibits (2) Where any thing is filed as an exhibit in a proceeding, the clerk may release the exhibit upon the consent of the parties at any time after the trial or, in the absence of consent, may return the exhibit to the party tendering it after the disposition of any appeal in the proceeding or, where an appeal is not taken, after the expiration of the time for appeal.  R.S.O. 1990, c. P.33, s. 48. Certified evidence
48.1 (1) This section applies to a hearing, including a hearing in the absence of a defendant under section 54, if, (a)  the proceeding for the offence was commenced under Part I or II and a set fine has been specified for the offence; or (b)  the offence is specified by the regulations. 2017, c. 34, Sched. 35, s. 11. Admissibility of certified evidence (2) The following are admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary: 1.  A certified statement in a certificate of offence. 2.  A certified statement in a certificate of parking infraction. 3.  Other types of certified evidence specified by the regulations.  2009, c. 33, Sched. 4, s. 1 (40). Other provisions on admissibility (3) For greater certainty, subsection (2) does not affect or interfere with the operation of a provision of this Act or any other Act that permits or specifies that a document or type of document be admitted into evidence as proof of the facts certified in it.  2009, c. 33, Sched. 4, s. 1 (40). Onus (4) For greater certainty, this section does not remove the onus on the prosecution to prove its case beyond a reasonable doubt.  2009, c. 33, Sched. 4, s. 1 (40). No oral evidence (5) A provincial offences officer who provides certified evidence referred to in subsection (2) in respect of a proceeding shall not be required to attend to give evidence at trial, except as provided under subsection 49 (4).  2009, c. 33, Sched. 4, s. 1 (40). Regulations (6) The Lieutenant Governor in Council may make regulations, (a)  specifying offences for the purposes of clause (1) (b); (b)  respecting other types of certified evidence for the purposes of paragraph 3 of subsection (2); (c)  respecting restrictions or conditions on the admissibility of evidence under subsection (2).  2009, c. 33, Sched. 4, s. 1 (40). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (22) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (40) - 01/07/2014 2017, c. 34, Sched. 35, s. 11 - 14/12/2020
49 (1) The court may, from time to time, adjourn a trial or hearing but, where the defendant is in custody, an adjournment shall not be for a period longer than eight days without the consent of the defendant.  R.S.O. 1990, c. P.33, s. 49 (1). Early resumption (2) A trial or hearing that is adjourned for a period may be resumed before the expiration of the period with the consent of the defendant and the prosecutor.  R.S.O. 1990, c. P.33, s. 49 (2). Adjournment (3) Despite subsection (1) and subject to subsection (4), if the trial is being held in respect of a proceeding commenced under Part I or II, the court shall not adjourn the trial for the purpose of having the provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be, attend to give evidence unless the court is satisfied that the interests of justice require it.  2009, c. 33, Sched. 4, s. 1 (41). Adjournment where certified evidence (4) If certified evidence referred to in subsection 48.1 (2) is being admitted as evidence in a trial referred to in subsection (1), the court shall not adjourn the trial for the purpose of having any of the following persons attend to give evidence unless the court is satisfied that the oral evidence of the person is necessary in order to ensure a fair trial: 1.  The provincial offences officer who completed the certificate of offence or the certificate of parking infraction, as the case may be. 2.  Any provincial offences officer who provided certified evidence in respect of the proceeding.  2009, c. 33, Sched. 4, s. 1 (41). Power of clerk to adjourn (5) The clerk of the court may, on behalf of the court, adjourn, (a)  the first trial date for a proceeding commenced under Part I or Part II to a date agreed to by the defendant and the prosecutor in a written agreement filed with the court; and (b)  any proceeding under this Act or any step in a proceeding under this Act, where no justice is able to attend in person, to a date chosen in accordance with the instructions of a justice.  2009, c. 33, Sched. 4, s. 1 (42). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (23) - 15/08/1994 2009, c. 33, Sched. 4, s. 1 (41) - 01/07/2014; 2009, c. 33, Sched. 4, s. 1 (42) - 15/12/2009
50 (1) A defendant may appear and act personally or by representative.  R.S.O. 1990, c. P.33, s. 50 (1); 2006, c. 21, Sched. C, s. 131 (7). Appearance by corporation (2) A defendant that is a corporation shall appear and act by representative.  R.S.O. 1990, c. P.33, s. 50 (2); 2006, c. 21, Sched. C, s. 131 (7). Exclusion of representatives (3) The court may bar any person, other than a person who is licensed under the Law Society Act, from appearing as a representative if the court finds that the person is not competent properly to represent or advise the person for whom he or she appears, or does not understand and comply with the duties and responsibilities of a representative.  2006, c. 21, Sched. C, s. 131 (8). Section Amendments with date in force (d/m/y) 1993, c. 27, Sch. - 31/12/1991 2006, c. 21, Sched. C, s. 131 (7, 8) - 01/05/2007
51 Although a defendant appears by representative, the court may order the defendant to attend personally, and, where it appears to be necessary to do so, may issue a summons in the prescribed form.  R.S.O. 1990, c. P.33, s. 51; 2006, c. 21, Sched. C, s. 131 (9). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (9) - 01/05/2007 Restrictions on hearing and publication
52 (1) The court may cause the defendant to be removed and to be kept out of court, (a)  when the defendant misconducts himself or herself by interrupting the proceeding so that to continue in the presence of the defendant would not be feasible; or (b)  where, during the trial of an issue as to whether the defendant is, because of mental disorder, unable to conduct his or her defence, the court is satisfied that failure to do so might have an adverse effect on the mental health of the defendant. Excluding public from hearing (2) The court may exclude the public or any member of the public from a hearing where, in the opinion of the court, it is necessary to do so, (a)  for the maintenance of order in the courtroom; (b)  to protect the reputation of a minor; or (c)  to remove an influence that might affect the testimony of a witness. Prohibition of publication of evidence (3) Where the court considers it necessary to do so to protect the reputation of a minor, the court may make an order prohibiting the publication or broadcast of the identity of the minor or of the evidence or any part of the evidence taken at the hearing.  R.S.O. 1990, c. P.33, s. 52.
53 (1) Where the defendant appears for a hearing and the prosecutor, having had due notice, does not appear, the court may dismiss the charge or may adjourn the hearing to another time upon such terms as it considers proper. Idem (2) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned hearing under subsection (1), the court may dismiss the charge. Costs (3) Where a hearing is adjourned under subsection (1) or a charge is dismissed under subsection (2), the court may make an order under section 60 for the payment of costs. Written order of dismissal (4) Where a charge is dismissed under subsection (1) or (2), the court may, if requested by the defendant, draw up an order of dismissal stating the grounds therefor and shall give the defendant a certified copy of the order of dismissal which is, without further proof, a bar to any subsequent proceeding against the defendant in respect of the same cause.  R.S.O. 1990, c. P.33, s. 53.
54 (1) Where a defendant does not appear at the time and place appointed for a hearing and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that a summons was served, a notice of trial was given under Part I or II, an undertaking to appear was given or a recognizance to appear was entered into, as the case may be, or where the defendant does not appear upon the resumption of a hearing that has been adjourned, the court may, (a)  proceed to hear and determine the proceeding in the absence of the defendant; or (b)  adjourn the hearing and, if it thinks fit, issue a summons to appear or issue a warrant in the prescribed form for the arrest of the defendant.  2009, c. 33, Sched. 4, s. 1 (43). Proceeding arising from failure to appear (2) Where the court proceeds under clause (1) (a) or adjourns the hearing under clause (1) (b) without issuing a summons or warrant, no proceeding arising out of the failure of the defendant to appear at the time and place appointed for the hearing or for the resumption of the hearing shall be instituted, or if instituted shall be proceeded with, except with the consent of the Attorney General or his or her agent.  2009, c. 33, Sched. 4, s. 1 (43). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 21, Sched. C, s. 131 (10) - 01/05/2007 2009, c. 33, Sched. 4, s. 1 (43) - 15/12/2009
55 Where the offence as charged includes another offence, the defendant may be convicted of an offence so included that is proved, although the whole offence charged is not proved.  R.S.O. 1990, c. P.33, s. 55. Sentencing
56 (1) Where a defendant is convicted of an offence in a proceeding commenced by information, the court may direct a probation officer to prepare and file with the court a report in writing relating to the defendant for the purpose of assisting the court in imposing sentence.  R.S.O. 1990, c. P.33, s. 56 (1). Service (2) Where a report is filed with the court under subsection (1), the clerk of the court shall cause a copy of the report to be provided to the defendant or the defendant’s representative and to the prosecutor.  R.S.O. 1990, c. P.33, s. 56 (2); 2006, c. 21, Sched. C, s. 131 (11). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (11) - 01/05/2007 Other information relevant to sentence
57 (1) Where a defendant who appears is convicted of an offence, the court shall give the prosecutor and the defendant’s representative an opportunity to make submissions as to sentence and, where the defendant has no representative, the court shall ask the defendant if he or she has anything to say before sentence is passed.  2006, c. 21, Sched. C, s. 131 (12). Omission to comply (2) The omission to comply with subsection (1) does not affect the validity of the proceeding.  R.S.O. 1990, c. P.33, s. 57 (2). Inquiries by court (3) Where a defendant is convicted of an offence, the court may make such inquiries, on oath or otherwise, of and concerning the defendant as it considers desirable, including the defendant’s economic circumstances, but the defendant shall not be compelled to answer.  R.S.O. 1990, c. P.33, s. 57 (3). Proof of previous conviction (4) A certificate setting out with reasonable particularity the finding of guilt or acquittal or conviction and sentence in Canada of a person signed by, (a)  the person who made the adjudication; or (b)  the clerk of the court where the adjudication was made, is, upon the court being satisfied that the defendant is the person referred to in the certificate, admissible in evidence and is proof, in the absence of evidence to the contrary, of the facts stated therein without proof of the signature or the official character of the person appearing to have signed the certificate.  R.S.O. 1990, c. P.33, s. 57 (4); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991 2006, c. 21, Sched. C, s. 131 (12) - 01/05/2007
58 In determining the sentence to be imposed on a person convicted of an offence, the justice may take into account any time spent in custody by the person as a result of the offence.  R.S.O. 1990, c. P.33, s. 58.
59 (1) No penalty prescribed for an offence is a minimum penalty unless it is specifically declared to be a minimum. Relief against minimum fine (2) Although the provision that creates the penalty for an offence prescribes a minimum fine, where in the opinion of the court exceptional circumstances exist so that to impose the minimum fine would be unduly oppressive or otherwise not in the interests of justice, the court may impose a fine that is less than the minimum or suspend the sentence. Idem, re imprisonment (3) Where a minimum penalty is prescribed for an offence and the minimum penalty includes imprisonment, the court may, despite the prescribed penalty, impose a fine of not more than $5,000 in lieu of imprisonment.  R.S.O. 1990, c. P.33, s. 59. Costs
60 (1) Upon conviction, the defendant is liable to pay to the court an amount by way of costs that is fixed by the regulations. Costs respecting witnesses (2) The court may, in its discretion, order costs towards fees and expenses reasonably incurred by or on behalf of witnesses in amounts not exceeding the maximum fixed by the regulations, to be paid, (a)  to the court or prosecutor by the defendant; or (b)  to the defendant by the person who laid the information or issued the certificate, as the case may be, but where the proceeding is commenced by means of a certificate, the total of such costs shall not exceed $100. Costs collectable as a fine (3) Costs payable under this section shall be deemed to be a fine for the purpose of enforcing payment.  R.S.O. 1990, c. P.33, s. 60.
60.1 (1) If a person is convicted of an offence in a proceeding commenced under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under this Act. Collection (2) The surcharge shall be deemed to be a fine for the purpose of enforcing payment. Priorities (3) Any payments made by a defendant shall be credited towards payment of the fine until it is fully paid and then towards payment of the surcharge.  1994, c. 17, s. 130. Part X agreements (3.1) When an agreement made under Part X applies to a fine, payments made by the defendant shall first be credited towards payment of the surcharge, not as described in subsection (3).  1998, c. 4, s. 1 (1). Special purpose account (4) Surcharges paid into the Consolidated Revenue Fund shall be credited to the victims’ justice fund account and shall be deemed to be money received by the Crown for a special purpose.  1994, c. 17, s. 130; 1995, c. 6, s. 7 (1). Same (4.1) Subsection (4) also applies to payments received under clause 165 (5) (a).  1998, c. 4, s. 1 (1). (5), (6) Repealed:  1995, c. 6, s. 7 (2). Regulations (7) The Lieutenant Governor in Council may make regulations, (a)  prescribing the amount of the surcharges or the method by which they are to be calculated; (b)  Repealed:  1995, c. 6, s. 7 (2). (c)  exempting any offence or class of offence from the application of subsection (1).  1994, c. 17, s. 130; 1995, c. 6, s. 7 (2). (8) Repealed:  1995, c. 6, s. 7 (2). Section Amendments with date in force (d/m/y) 1994, c. 17, s. 130 - 01/01/1995; 1995, c. 6, s. 7 (1, 2) - 11/06/1996; 1998, c. 4, s. 1 (1) - 11/06/1998
61 Except where otherwise expressly provided by law, every person who is convicted of an offence is liable to a fine of not more than $5,000.  R.S.O. 1990, c. P.33, s. 61.
62 Where a court convicts a defendant or dismisses a charge, a minute of the dismissal or conviction and sentence shall be made by the court, and, upon request by the defendant or the prosecutor or by the Attorney General or his or her agent, the court shall cause a copy thereof certified by the clerk of the court to be delivered to the person making the request.  R.S.O. 1990, c. P.33, s. 62; 2006, c. 21, Sched. C, s. 131 (13). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 131 (13) - 01/05/2007
63 (1) The term of imprisonment imposed by sentence shall, unless otherwise directed in the sentence, commence on the day on which the convicted person is taken into custody thereunder, but no time during which the convicted person is imprisoned or out on bail before sentence shall be reckoned as part of the term of imprisonment to which he or she is sentenced. Idem (2) Where the court imposes imprisonment, the court may order custody to commence on a day not later than thirty days after the day of sentencing.  R.S.O. 1990, c. P.33, s. 63.
64 Where a person is subject to more than one term of imprisonment at the same time, the terms shall be served consecutively except in so far as the court has ordered a term to be served concurrently with any other term of imprisonment.  R.S.O. 1990, c. P.33, s. 64.
65 (1) A warrant of committal is sufficient authority, (a)  for the conveyance of the prisoner in custody for the purpose of committal under the warrant; and (b)  for the reception and detention of the prisoner by keepers of prisons in accordance with the terms of the warrant. Conveyance of prisoner (2) A person to whom a warrant of committal is directed shall convey the prisoner to the correctional institution named in the warrant. Prisoner subject to rules of institution (3) A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.  R.S.O. 1990, c. P.33, s. 65.
66 (1) A fine becomes due and payable 15 days after its imposition unless an extension or agreement under this Act provides otherwise. 2017, c. 34, Sched. 35, s. 12 (1). Extension of time for payment of a fine (2) Where the court imposes a fine, the court shall ask the defendant if the defendant wishes an extension of the time for payment of the fine. R.S.O. 1990, c. P.33, s. 66 (2). Inquiries (3) Where the defendant requests an extension of the time for payment of the fine, the court may make such inquiries, on oath or affirmation or otherwise, of and concerning the defendant as the court considers desirable, but the defendant shall not be compelled to answer. R.S.O. 1990, c. P.33, s. 66 (3). Granting of extension (4) Unless the court finds that the request for extension of time is not made in good faith or that the extension would likely be used to evade payment, the court shall extend the time for payment by ordering periodic payments or otherwise. R.S.O. 1990, c. P.33, s. 66 (4). Notice where convicted in the absence of the defendant (5) Where a fine is imposed in the absence of the defendant, the clerk of the court shall give the defendant notice of the fine and its due date and of the defendant’s right to make an application for an extension of the time for payment under section 66.0.1. R.S.O. 1990, c. P.33, s. 66 (5); 2015, c. 27, Sched. 1, s. 3 (4); 2017, c. 34, Sched. 35, s. 12 (2). Further motion for extension (6) Repealed: 2017, c. 34, Sched. 35, s. 12 (3). Section Amendments with date in force (d/m/y) 2015, c. 27, Sched. 1, s. 3 (4) - 3/12/2015 2017, c. 34, Sched. 35, s. 12 (1-3) - 01/11/2021
66.0.1 (1) A defendant may, at any time, make an application for an extension or a further extension of time for payment of a fine by completing the prescribed form and filing it in the office of the court. 2017, c. 34, Sched. 35, s. 13. Consideration by clerk of the court (2) The clerk of the court may, (a)  grant the application if he or she is satisfied, having regard to any criteria prescribed under subsection (4), that the application is made in good faith and will not be used to evade payment; or (b)  forward the application to a justice for review. 2017, c. 34, Sched. 35, s. 13. Review by justice (3) A justice who reviews the application has the same powers in respect of the application as the court has under subsection 66 (3) and shall assess the application in accordance with the criteria set out in subsection 66 (4). 2017, c. 34, Sched. 35, s. 13. Regulations (4) The Attorney General may make regulations prescribing criteria that the clerk of the court shall consider in determining whether to grant an extension of the time for payment of a fine. 2017, c. 34, Sched. 35, s. 13. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 13 - 01/11/2021
66.1 If a court imposes a fine, grants an extension of time for payment of a fine or deals with a fine under section 69, and the defendant is before the court, the court shall require the defendant to provide the defendant’s current address to the clerk of the court.  1993, c. 31, s. 1 (24). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (24) - 15/08/1994
66.2 When a person purports to pay a fine by a cheque that the drawee of the cheque refuses to cash and thereby becomes liable to pay a fee in the amount prescribed for the purpose of section 8.1 of the Financial Administration Act, the fee shall be deemed to be a fine for the purpose of enforcing payment.  1994, c. 27, s. 52 (5). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 52 (5) - 9/12/1994
67 The Lieutenant Governor in Council may make regulations establishing a program to permit the payment of fines by means of credits for work performed, and, for the purpose and without restricting the generality of the foregoing may, (a)  prescribe classes of work and the conditions under which they are to be performed; (b)  prescribe a system of credits; (c)  provide for any matter necessary for the effective administration of the program, and any regulation may limit its application to any part or parts of Ontario.  R.S.O. 1990, c. P.33, s. 67.
68 (1) When the payment of a fine is in default, the clerk of the court may complete a certificate in the prescribed form as to the imposition of the fine and the amount remaining unpaid and file the certificate in a court of competent jurisdiction and upon filing, the certificate shall be deemed to be an order or judgment of that court for the purposes of enforcement.  R.S.O. 1990, c. P.33, s. 68 (1). (2) Repealed:  2009, c. 33, Sched. 4, s. 1 (44). Certificate of discharge (3) Where a certificate has been filed under subsection (1) and the fine is fully paid, the clerk shall file a certificate of payment upon which the certificate of default is discharged and, where a writ of execution has been filed with the sheriff, the clerk shall file a certificate of payment with the sheriff, upon which the writ is cancelled.  R.S.O. 1990, c. P.33, s. 68 (3). Costs of enforcement (4) Costs incurred in enforcing the deemed court order or judgment shall be added to the order or judgment and form part of it.  1993, c. 31, s. 1 (25). More than one fine (5) The clerk may complete and file one certificate under this section in respect of two or more fines imposed on the same person.  1994, c. 27, s. 52 (6). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (25) - 15/08/1994; 1994, c. 27, s. 52 (6) - 9/12/1994 2009, c. 33, Sched. 4, s. 1 (44) - 15/12/2009
69.1 (1) When a fine has been in default for at least 90 days, the Ministry of the Attorney General may disclose to a consumer reporting agency the name of the defaulter, the amount of the fine and the date the fine went into default. Same (2) When a fine disclosed to a consumer reporting agency has been paid in full, the Ministry of the Attorney General shall inform the agency of this fact as soon as possible after payment.  1994, c. 17, s. 131. Section Amendments with date in force (d/m/y) 1994, c. 17, s. 131 - 23/06/1994 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 34, Sched. 35, s. 14) Order of payment for multiple fines in default 69.2 (1) A person with multiple fines in default shall pay the defaulted fines in order of default date, beginning with the fine that has been in default for the longest period of time. 2017, c. 34, Sched. 35, s. 14. Older fines in default must be paid in full (2) A person may not pay any portion of a fine in default until any outstanding older fines in default have been paid in full. 2017, c. 34, Sched. 35, s. 14. Fines that went into default on same day (3) For greater certainty, a person’s oldest outstanding fines in default may be paid in any order if they went into default on the same day. 2017, c. 34, Sched. 35, s. 14. Fine that has gone into default multiple times (4) If a fine has gone into default multiple times, only the most recent default date shall be used to calculate how long it has been in default for the purposes of this section. 2017, c. 34, Sched. 35, s. 14. Transition (5) This section applies to any fine that was in default or that went into default on or after the day this section came into force. 2017, c. 34, Sched. 35, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 14 - not in force
70 (1) Where the payment of a fine is in default and the time for payment is not extended or further extended under subsection 66 (6), the defendant shall pay the administrative fee prescribed by the regulations. Fee collectable as a fine (2) For the purpose of making and enforcing payment, a fee payable under this section shall be deemed to be part of the fine that is in default.  R.S.O. 1990, c. P.33, s. 70. Note: On a day to be named by proclamation of the Lieutenant Governor, section 70 of the Act is repealed and the following substituted: (See: 2017, c. 34, Sched. 35, s. 15) Administrative monetary penalty where fine in default 70 (1) A defendant shall pay the administrative monetary penalty prescribed by the regulations if the payment of his or her fine goes into default. 2017, c. 34, Sched. 35, s. 15. Administrative monetary penalty not affected if time for payment extended (2) If a fine goes into default, the obligation to pay an administrative monetary penalty under subsection (1) is not affected by a subsequent extension or further extension of the time for payment of the fine under section 66.0.1. 2017, c. 34, Sched. 35, s. 15. Multiple administrative monetary penalties possible (3) For greater certainty, it is possible for a defendant to incur multiple administrative monetary penalties in respect of the same fine if the payment goes into default, the defendant is granted an extension of time for payment and the fine subsequently goes into default again. 2017, c. 34, Sched. 35, s. 15. Administrative monetary penalty collectable as a fine (4) For the purpose of making and enforcing payment, an amount payable under this section shall be deemed to be part of the fine that is in default. 2017, c. 34, Sched. 35, s. 15. Transition (5) This section applies to any fine that was in default or that went into default on or after the day this section came into force. 2017, c. 34, Sched. 35, s. 15. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 35, s. 15 - not in force
70.1 (1) A defendant shall pay the costs that a municipality incurs by using a registered collection agency in good standing under the Collection and Debt Settlement Services Act to collect a fine that is in default, but the costs shall not exceed an amount approved by the municipality. 2017, c. 2, Sched. 2, s. 28.  Costs collectable as a fine (2) For the purpose of making and enforcing payment, costs payable under this section shall be deemed to be part of the fine that is in default. 2017, c. 2, Sched. 2, s. 28. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 2, s. 28 - 22/03/2017
71 Where an Act provides that a fine may be suspended subject to the performance of a condition, (a)  the period of suspension shall be fixed by the court and shall be for not more than one year; (b)  the court shall provide in its order of suspension the method of proving the performance of the condition; (c)  the suspension is in addition to and not in lieu of any other power of the court in respect of the fine; and (d)  the fine is not in default until fifteen days have elapsed after notice that the period of suspension has expired is given to the defendant.  R.S.O. 1990, c. P.33, s. 71; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991
73 (1) A probation order comes into force, (a)  on the date on which the order is made; or (b)  where the defendant is sentenced to imprisonment other than a sentence to be served intermittently, upon the expiration of that sentence. Continuation in force (2) Subject to section 75, where a defendant who is bound by a probation order is convicted of an offence or is imprisoned in default of payment of a fine, the order continues in force except in so far as the sentence or imprisonment renders it impossible for the defendant to comply for the time being with the order.  R.S.O. 1990, c. P.33, s. 73.
74 The court may, at any time upon the application of the defendant or prosecutor with notice to the other, after a hearing or, with the consent of the parties, without a hearing, (a)  make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances; (b)  relieve the defendant, either absolutely or upon such terms or for such period as the court considers desirable, of compliance with any condition described in any of the clauses in subsection 72 (3) that is prescribed in the order; or (c)  terminate the order or decrease the period for which the probation order is to remain in force, and the court shall thereupon endorse the probation order accordingly and, if it changes or adds to the conditions prescribed in the order, inform the defendant of its action and give the defendant a copy of the order so endorsed.  R.S.O. 1990, c. P.33, s. 74.
75 Where a defendant who is bound by a probation order is convicted of an offence constituting a breach of condition of the order and, (a)  the time within which the defendant may appeal or make a motion for leave to appeal against that conviction has expired and the defendant has not taken an appeal or made a motion for leave to appeal; (b)  the defendant has taken an appeal or made a motion for leave to appeal against the conviction and the appeal or motion for leave has been dismissed or abandoned; or (c)  the defendant has given written notice to the court that convicted the defendant that the defendant elects not to appeal, or where the defendant otherwise wilfully fails or refuses to comply with the order, the defendant is guilty of an offence and upon conviction the court may, (d)  impose a fine of not more than $1,000 or imprisonment for a term of not more than thirty days, or both, and in lieu of or in addition to the penalty, continue the probation order with such changes or additions and for such extended term, not exceeding an additional year, as the court considers reasonable; or (e)  where the justice presiding is the justice who made the original order, in lieu of imposing the penalty under clause (d), revoke the probation order and impose the sentence the passing of which was suspended upon the making of the probation order.  R.S.O. 1990, c. P.33, s. 75. PART V   GENERAL PROVISIONS
76 (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed. Extension (2) A limitation period may be extended by a justice with the consent of the defendant.  R.S.O. 1990, c. P.33, s. 76.
76.1 (1) A document that is required or authorized to be filed, given or delivered to a court office or the clerk of the court under this Act or the rules of court may, in accordance with the regulations, be filed, given or delivered electronically. 2015, c. 27, Sched. 1, s. 3 (5); 2020, c. 18, Sched. 18, s. 10. Electronic signature (2) An electronic document that is filed, given or delivered to a court office or the clerk of the court may be signed electronically in accordance with the regulations. 2015, c. 27, Sched. 1, s. 3 (5). Electronic copy of paper original (3) When a document is filed, given or delivered to a court office or the clerk of the court in paper form, the court may create and retain an electronic copy instead of the paper original. 2015, c. 27, Sched. 1, s. 3 (5). Duty to ensure integrity (4) A person who creates, retains or reproduces an electronic copy of a paper original for the purposes of subsection (3) shall ensure the integrity of the information contained in the electronic copy. 2015, c. 27, Sched. 1, s. 3 (5). Power to deal with electronic documents (5) Anything that the court is required or authorized to do with respect to a document may be done with respect to an electronic document. 2015, c. 27, Sched. 1, s. 3 (5). Delivery in person (6) Nothing in this section limits the operation of a requirement to deliver a document personally or in person to a court office or the clerk of the court. 2015, c. 27, Sched. 1, s. 3 (5). Regulations (7) The Lieutenant Governor in Council may make regulations, (a)  governing the electronic filing, giving and delivery of documents to a court office or the clerk of the court; (b)  respecting the electronic signing of electronic documents that are filed, given or delivered to a court office or the clerk of the court; (c)  governing the storage, retention and disposal of computer-readable media used to file, give or deliver documents to a court office or the clerk of the court; (d)  governing the creation, storage, retention, transfer, reproduction, distribution, disposal or use of electronic documents by the court; (e)  respecting the electronic signing or certification of electronic documents by the court. 2015, c. 27, Sched. 1, s. 3 (5). Section Amendments with date in force (d/m/y) 1993, c. 31, s. 1 (27) - 15/08/1994 2000, c. 26, Sched. A, s. 13 (1, 2) - 6/12/2000 2009, c. 33, Sched. 4, s. 1 (47) - 15/05/2012 2015, c. 27, Sched. 1, s. 3 (5) - 3/06/2016 2020, c. 18, Sched. 18, s. 10 - 21/07/2020
77 (1) Every person is a party to an offence who, (a)  actually commits it; (b)  does or omits to do anything for the purpose of aiding any person to commit it; or (c)  abets any person in committing it. Common purpose (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to the offence.  R.S.O. 1990, c. P.33, s. 77.
78 (1) Where a person counsels or procures another person to be a party to an offence and that other person is afterwards a party to the offence, the person who counselled or procured is a party to the offence, even if the offence was committed in a way different from that which was counselled or procured. Idem (2) Every person who counsels or procures another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling or procuring that the person who counselled or procured knew or ought to have known was likely to be committed in consequence of the counselling or procuring.  R.S.O. 1990, c. P.33, s. 78.
79 In the absence of other evidence, or by way of corroboration of other evidence, a justice may infer the age of a person from his or her appearance.  R.S.O. 1990, c. P.33, s. 79; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched - 31/12/1991
80 Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of offences, except in so far as they are altered by or inconsistent with this or any other Act.  R.S.O. 1990, c. P.33, s. 80.
81 Ignorance of the law by a person who commits an offence is not an excuse for committing the offence.  R.S.O. 1990, c. P.33, s. 81.