jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In these rules, “Act” means the Provincial Offences Act.  R.R.O. 1990, Reg. 200, r. 1.
2. (1) These rules apply to proceedings under the Act and a word or term in the Act has the same meaning in these rules as it has in the Act.  R.R.O. 1990, Reg. 200, r. 2 (1). (2) In these rules any reference to electronic process is a reference to the electronic process in force at the time of the coming into force of the Provincial Offences Statute Law Amendment Act, 1993.  O. Reg. 498/94, s. 1.
3. These rules shall be construed liberally so as to obtain as expeditious a conclusion of every proceeding as is consistent with a just determination of the proceeding.  R.R.O. 1990, Reg. 200, r. 3.
4. The following apply to the calculation of a period of time prescribed under the Act, these rules or an order of a court: 1.  The time shall be calculated by excluding the first day and including the last day of the period. 2.  Where a period of less than six days is prescribed, a Saturday or holiday shall not be reckoned. 3.  Where the last day of the period of time falls on a Saturday or a holiday, the day next following that is not a Saturday or a holiday shall be deemed to be the last day of the period. 4.  Where the days are expressed to be clear days or where the term “at least” is added, the time shall be calculated by excluding both the first day and the last day of the period.  R.R.O. 1990, Reg. 200, r. 4; O. Reg. 498/94, s. 2; O. Reg. 567/00, s. 1; O. Reg. 307/23, s. 1.
5. A notice or document given or delivered by mail shall, unless the contrary is shown, be deemed to be given or delivered on the seventh day following the day on which it was mailed.  R.R.O. 1990, Reg. 200, r. 5.
6. For the purpose of proceedings under Part I or II of the Act, the amount of fine set by the court for an offence is such amount as may be set by the Chief Judge of the Ontario Court (Provincial Division).  R.R.O. 1990, Reg. 200, r. 6.
7. (1) An application provided for by the Act or these rules shall be commenced by notice of application. R.R.O. 1990, Reg. 200, r. 7 (1). (2) A motion provided for by the Act or these rules shall be commenced by notice of motion. R.R.O. 1990, Reg. 200, r. 7 (2). (3) There shall be at least three days between the giving of notice of application or notice of motion and the day for hearing the application or motion. R.R.O. 1990, Reg. 200, r. 7 (3). (4) An applicant or moving party shall file notice of application or notice of motion at least two days before the day for hearing the application or motion. R.R.O. 1990, Reg. 200, r. 7 (4). (5) Evidence on an application or motion may be given, (a)  by affidavit; (b)  with the permission of the court, orally; or (c)  in the form of a transcript of the examination of a witness. R.R.O. 1990, Reg. 200, r. 7 (5). (6) The justice or clerk of the court may receive and base their decision on an application or motion on information the justice or clerk considers credible or trustworthy in the circumstances, whether or not other evidence is given on the application or motion. O. Reg. 307/23, s. 2 (1). (7) An application or motion may be heard without notice, (a)  on consent; or (b)  where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice. R.R.O. 1990, Reg. 200, r. 7 (7). (8) Subrules (2) to (5) do not apply in respect of applications under section 9, 11 or 66.0.1 of the Act. O. Reg. 713/21, s. 1; O. Reg. 307/23, s. 2 (2).
8. (1) Where a certificate of parking infraction has been issued in respect of a parking infraction under a municipal by-law without a reference to the number of the by-law that creates the offence, the number of the by-law shall be affixed or appended to the court filing document when the certificate is filed in the office of the court. (2) Where a certificate of parking infraction has been issued alleging a parking infraction against the defendant as owner of a vehicle, evidence of the ownership of the vehicle shall be affixed or appended to the court filing document when the certificate is filed in the office of the court. (3) A certificate of parking infraction shall be affixed or appended to the court filing document when the certificate is filed in the office of the court. (4) Where a defendant delivers a parking infraction notice or notice of impending conviction in respect of an alleged parking infraction under a municipal by-law and gives notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter, the parking infraction notice or notice of impending conviction shall be affixed or appended to the court filing document when the certificate of parking infraction is filed in the office of the court. (5) Where a defendant files a notice of intention to appear under subsection 17.1 (3) or 18.1.1 (3) of the Act, the notice of intention to appear shall be affixed or appended to the court filing document when the certificate of parking infraction is filed in the office of the court. (6) In this rule and subrule 22 (2), “court filing document” means a document approved by the clerk of the court.  O. Reg. 498/94, s. 3.
9. (1) A provincial offences officer who files a certificate of offence in the office of the court shall file with the certificate of offence a certificate control list, in the form that shall be supplied by the clerk of the court, with the certificate recorded on the list. (2) A provincial offences officer who files a certificate of parking infraction in the office of the court shall file with it a certificate control list in the form approved by the clerk of the court, with the certificate recorded on the list. (3) A single certificate control list may be filed with as many certificates of offence as can be accounted for on the certificate control list. (4) A single certificate control list may be filed with as many certificates of parking infraction as can be accounted for on the certificate control list. (5) The clerk of the court shall endorse on the certificate control list a receipt for the certificates of offence or certificates of parking infraction filed with the certificate control list. (6) The clerk of the court shall, on request, give a copy of the receipt to the provincial offences officer who filed the certificate control list.  R.R.O. 1990, Reg. 200, r. 9 (1-6). (7) Subrules (1) to (6) do not apply if a certificate of offence or a certificate of parking infraction is filed in an electronic format.  O. Reg. 498/94, s. 4.
10. A facsimile signature of the person designated by the regulations is sufficient authentication of the certificate requesting a conviction under subsection 18.2 (1.1) of the Act.  O. Reg. 498/94, s. 5.
11. (1) The clerk of the court shall not accept for filing a certificate of offence more than seven days after the day on which the offence notice or summons was served unless the time is extended by the court.  R.R.O. 1990, Reg. 200, r. 11. (2) No certificate of offence, certificate of parking infraction or certificate requesting a conviction shall be accepted for filing by direct electronic transmission after the last day prescribed for its filing, unless the time is extended by the court.  O. Reg. 498/94, s. 6.
12. (1) The clerk of the court shall endorse the date of filing on every certificate of offence, certificate of parking infraction or certificate requesting conviction filed in the office of the court, except any such certificate filed in an electronic format. (2) The clerk of the court shall ensure that the date of filing is indicated on any document filed in an electronic format. (3) A certificate of offence, certificate of parking infraction or certificate requesting a conviction filed by direct electronic transmission shall be deemed to be filed the day on which the transmission concludes, unless the contrary is shown.  O. Reg. 498/94, s. 7.
12.1 Revoked:  O. Reg. 498/94, s. 8.
13. (1) On the delivery of an offence notice under section 5 of the Act, a parking infraction notice under subsection 17 (1) of the Act or a notice of impending conviction under subsection 18.1 (1) of the Act, giving notice of intention to appear in court for the purpose of entering a plea and having a trial of the matter, the clerk of the court shall, where proceedings have been commenced, set a day and time for trial. (1.1) On the filing of a notice of intention to appear under section 5.1 of the Act, the clerk of the court shall, where proceedings have been commenced, set a day and time for trial.  O. Reg. 498/94, s. 9 (1). (2) Where a parking infraction notice issued in respect of an alleged parking infraction under a municipal by-law is received under subsection 17 (1) of the Act or a notice of impending conviction for such an infraction is received under subsection 18.1 (1) of the Act, the clerk of the court shall give notice of the time and place of trial to the defendant and the prosecutor as soon as practicable after the prosecutor has filed the certificate of parking infraction in the office of the court, together with the corresponding parking infraction notice or notice of impending conviction.  O. Reg. 505/93, s. 4. (2.1) Where a notice of intention to appear is filed under subsection 17.1 (3) or 18.1.1 (3) of the Act, the clerk of the court shall give notice of the time and place of trial to the defendant and prosecutor as soon as practicable after the prosecutor has filed the certificate of parking infraction in the office of the court together with the notice of intention to appear.  O. Reg. 498/94, s. 9 (2). (3) The clerk of the court shall give notice of the trial to the defendant and prosecutor at least seven days before the day set for trial. (4) Where a parking infraction is alleged against the defendant as owner of a vehicle, notice of the trial shall be given to the person identified as the holder of the permit, as defined in section 6 of the Highway Traffic Act, in the evidence of the ownership of the vehicle affixed or appended to the certificate of parking infraction. (5) A certificate as to the giving of a notice of trial endorsed on the notice of trial by the clerk of the court shall be received in evidence and, in the absence of evidence to the contrary, is proof of the giving of the notice stated in the certificate.  R.R.O. 1990, Reg. 200, r. 13 (3-5). (6) Where a defendant files a notice of intention to appear under section 5.1 of the Act and it appears that the certificate of offence has not been filed, the clerk of the court shall, (a)  provide the defendant with a receipt for the notice; and (b)  as soon as practicable after the filing of the certificate of offence, set a day and time for trial and issue the notice of trial.  O. Reg. 498/94, s. 9 (2).
14. (1) A defendant who attends at the time and place specified in an offence notice for the purpose of taking steps under subsection 7 (1) of the Act shall give the offence notice to the office of the court specified in the notice. (2) The court shall give to a defendant a receipt for an offence notice delivered to the court in accordance with subrule (1).  R.R.O. 1990, Reg. 200, r. 14.
15. (1) The following matters shall be dealt with only in court: 1.  Quashing a proceeding, except under section 9, 18.3 or 18.5 of the Act. 2.  Amending an information, a certificate of offence or a certificate of parking infraction.  O. Reg. 498/94, s. 10; O. Reg. 567/00, s. 2; O. Reg. 307/23, s. 3. (1.1) A justice may dispose of an application under section 9 of the Act on the basis of the certificate of offence and the application presented by the applicant. O. Reg. 713/21, s. 2. (2) A justice may dispose of an application under section 18.3 of the Act on the basis of the parking infraction notice and the form of application presented by the applicant.  O. Reg. 505/93, s. 5. (3) A justice may dispose of an application under section 18.5 of the Act on the basis of the form of application presented by the applicant, together with any oral submission the applicant wishes to make or the justice wishes to hear.  O. Reg. 505/93, s. 5. (4) A justice may dispose of an application under section 19 of the Act on the basis of the notice of fine and due date and the affidavit of the applicant.  O. Reg. 505/93, s. 5.
16. A justice shall not quash a proceeding or amend a certificate of offence in respect of a defendant who is appearing before the justice for the purposes of section 7 of the Act.  R.R.O. 1990, Reg. 200, r. 16.
17. Where a defendant appears before a justice under section 7 of the Act and it appears that the certificate of offence has not been filed in the office of the court, the justice may receive the plea of guilty and submissions of the defendant and specify the amount of fine the justice will impose and the time the justice will allow for payment when the certificate of offence is filed and a conviction is entered.  R.R.O. 1990, Reg. 200, r. 17.
18. Where a defendant appears before a justice under section 7 of the Act and the justice is of the opinion that the certificate of offence is so defective on its face that it cannot be cured under section 33, 34, 35 or 36 of the Act, the justice shall refuse to accept the plea, shall inform the defendant of the reason for the refusal and shall inform the defendant of the provisions of section 5 or 5.1 of the Act, as applicable.  R.R.O. 1990, Reg. 200, r. 18; O. Reg. 498/94, s. 11.
19. Money paid to the office of the court by a defendant who was served with an offence notice shall be refunded to the defendant if the certificate of offence is not filed in the office of the court named therein within seven days after the day on which the offence notice was served or within such extension of time as may be granted by the court.  R.R.O. 1990, Reg. 200, r. 19.
20. Where notice is given to the clerk by the prosecutor that the prosecutor does not intend to file a certificate requesting conviction or a certificate of parking infraction that has been issued in respect of a parking infraction under an Act of the Legislature or under a regulation made under the authority of an Act, the prosecutor shall furnish the clerk with the name and address of the person to whom the parking infraction notice was issued and money paid to the office of the court in respect of the alleged parking infraction shall be refunded to that person.  O. Reg. 505/93, s. 6.
21. (1) Every justice shall keep a daily docket, electronically or in the form supplied by the clerk of the court, and shall record the disposition of every proceeding or matter under Part I or II of the Act dealt with by the justice.  O. Reg. 498/94, s. 12. (2) Every clerk of the court shall record the disposition of every proceeding dealt with by the clerk under section 9, 11 or 66.0.1 of the Act. O. Reg. 713/21, s. 3; O. Reg. 307/23, s. 4.
22. (1) A justice acting under section 7 of the Act who imposes a fine that is less than the set fine or less than the minimum fine prescribed for the offence by the provision that creates the penalty shall endorse on the certificate of offence or the information, as the case may be, the decision and the reasons for the decision.  O. Reg. 498/94, s. 13 (1). (1.1) A justice who quashes a proceeding under section 9 or 9.1 of the Act shall endorse the decision and the reasons for the decision on the certificate of offence. O. Reg. 307/23, s. 5 (1). (1.2) A justice who strikes out a conviction under section 11 of the Act shall endorse the decision on the application form. O. Reg. 307/23, s. 5 (2). (2) A justice who quashes a proceeding under section 18.4 of the Act shall endorse on the court filing document to which the certificate of parking infraction is affixed or appended the decision and the reasons for the decision.  O. Reg. 498/94, s. 13 (1). (2.1) A justice who strikes out a conviction under section 18.3 or 18.5 of the Act shall endorse on the form of application the decision and the reasons for the decision.  O. Reg. 505/93, s. 7. (3) In addition to recording the decision on a daily docket, a justice referred to in subrule (1) or (1.1) shall complete a separate report, in the form that shall be supplied by the clerk of the court, of the decision and the reasons for the decision.  R.R.O. 1990, Reg. 200, r. 22 (3); O. Reg. 498/94, s. 13 (2). (4) A completed report mentioned in subrule (3) forms part of and shall be kept with the records of the court maintained by the clerk of the court.  R.R.O. 1990, Reg. 200, r. 22 (4). 22.1 (1) A clerk of the court who quashes a proceeding under section 9 of the Act shall, (a)  endorse the decision and reasons for the decision on the certificate of offence; and (b)  complete a separate report of the decision and the reasons for the decision. O. Reg. 713/21, s. 4. (2) A completed report mentioned in clause (1) (b) forms part of, and shall be kept with, the records of the court maintained by the clerk of the court. O. Reg. 713/21, s. 4. (3) A clerk of the court who strikes out a conviction under section 11 of the Act shall endorse the decision on the application form. O. Reg. 307/23, s. 6.
22.2 In acting under section 9 of the Act, a justice or a clerk of the court may examine a certificate of offence, and indicate the disposition of the proceeding, by electronic means. O. Reg. 713/21, s. 4.
23. Upon payment of a fine, the administrative officer of the entity receiving the fine shall, upon request, issue to the defendant a receipt for the payment.  O. Reg. 505/93, s. 8.
24. Revoked:  O. Reg. 498/94, s. 15.
25. A justice who issues a warrant of committal under subsection 69 (14) of the Act shall enter the reasons for issuing the warrant in the records of the court.  O. Reg. 498/94, s. 16.
26. Where a person is sentenced to a term of imprisonment and a warrant of committal is issued for custody of the person to commence, under subsection 63 (2) of the Act, on a day that is later than the day of sentencing, the clerk of the court, as soon as practicable after the warrant is issued, (a)  shall cause to be given or delivered to the person a notice stating the warrant has been issued and specifying the place where and the time within which the person is to surrender into custody; and (b)  shall deliver the warrant to the individual who is to accept the custody of the person.  R.R.O. 1990, Reg. 200, r. 26.
27. (1) The following oath is prescribed for the purpose of subsection 84 (1) of the Act:  I,  

  ............................................................................................, 

  do swear (or solemnly affirm) that I am capable of translating and will translate to the best of my skill and ability from 

  ..............................................   to...................................... 

  (name of language)   (name of language) 

  from.......................................   to........................................ 

  (name of language)   (name of language) 

  in this proceeding. 

    

  So Help Me God. (Omit this line in an affirmation). (2) The following oath is prescribed for the purpose of subsection 84 (2) of the Act:  I,  

  ........................................................................................ 

  do swear (or solemnly affirm) that I am capable of translating and will translate to the best of my skill and ability from 

  ..........................................   to................................ and 

  (name of language)   (name of language) 

  from...................................   to...................................... 

  (name of language)   (name of language) 

  in proceedings under the Provincial Offences Act. 

    

  So Help Me God. (Omit this line in an affirmation). R.R.O. 1990, Reg. 200, s. 27.
28. (1) The clerk of the court who receives notice from the clerk of an appeal court that a notice of appeal has been filed shall transmit the order appealed from and transmit or transfer custody of all other material referred to in section 133 of the Act to the clerk of the appeal court within ten days after receiving the notice, to the extent that the clerk of the court receiving notice has the order or the other material in his or her possession.  O. Reg. 505/93, s. 9. (1.1) The clerk of the court receiving notice shall direct that any electronic document that has not been previously printed for the purpose of disposing of the charge and that is required as part of an appeal record be printed so as to create an original record, unless the appeal court requests that the document be transmitted to it in an electronic format.  O. Reg. 498/94, s. 17. (2) In an appeal from an order made under Part II, if the clerk of the court receiving notice does not have the order or the other material in his or her possession, the clerk may request and the municipality shall provide to the clerk the certificate of parking infraction and proof of ownership of the motor vehicle relating to the prosecution of the matter giving rise to the appeal.  O. Reg. 505/93, s. 9.
29. Where a transcript of evidence at trial, including reasons for judgment or sentence, is requested from the clerk of the court for the purpose of an appeal, the clerk, (a)  shall complete and deliver to the person making the request a certificate of preparation of transcript in Form 2 of Regulation 196 of the Revised Regulations of Ontario, 1990; (b)  shall ensure that the transcript is prepared with reasonable diligence; (c)  shall obtain and attach to the transcript a certificate by the person who prepared the transcript that it is an accurate transcription of the evidence and reasons recorded at trial; and (d)  shall notify, (i)  the appellant, (ii)  the clerk of the court in which the appeal is taken, and (iii)  if the Crown Attorney is not the appellant or respondent, the Crown Attorney, when the transcript has been completed.  R.R.O. 1990, Reg. 200, r. 29.
30. The clerk of the court who receives notice of the decision of an appeal court on an appeal from a decision of the court shall give the notice and any written reasons or endorsement included with the notice to the justice whose decision was appealed from.  R.R.O. 1990, Reg. 200, r. 30.
31. (1) Where, upon an appeal, the appeal court has directed a new trial, upon motion by the prosecutor without notice a justice shall issue a summons to the defendant. (2) Where a justice issues a summons under subrule (1), the clerk of the court shall, as soon as is practicable, give notice to the prosecutor of the time and place of the trial. R.R.O. 1990, Reg. 200, r. 31 (1, 2). (3) Where the appeal court has directed a new trial and sets a date for the trial with the consent of the parties to the appeal, the defendant shall be deemed to have received notice of trial, and subrules (1) and (2) do not apply.  O. Reg. 498/94, s. 18.