The initial three parts of the Provincial Offences Act govern the commencement of proceedings for different provincial offences. Part I of the Provincial Offences Act deals with minor offences, Part II deals with parking offences and lastly Part III details the procedures for more serious offences that are prosecuted under the Provincial Offences Act. These three categories combined are called procedural streams.
Part I Offences:
Part I of the Provincial Offences Act includes offences such as: speeding, drinking in public, trespassing and other offences. All part I offences have a set fine of $1,000 unless a lesser maximum fine is specified in the charging act. These set fines however do not include offence costs, the victim fine surcharge and added fees.
Only a provincial offences officer may start a proceeding under Part I by completing, signing and then filing a certificate of offence. Most people refer to the charging document as a “ticket”. Most tickets have the certificate of offence as the top copy and a carbon copy called the offence notice. If the officer chooses to issue a summons they will insert it into the ticket.
The time within which an officer is authorized to lay a charge against a defendant is called the limitation period. For Part I offences the officer is required to serve the defendant with the offence notice or summons within 30 days of the date of the alleged offence.
Part II Offences:
Part II of the Provincial Offences Act deal with parking offences such as stopping, standing, and or parking. Most parking infractions are created by municipality by-laws and carry a monetary fine. Just like Part I offences, Part II offences also have set fines. These fines are set out in the municipal by-law and included on the parking infraction notice with a strict maximum of $1,000.
The charging document for Part II is a certificate of parking infraction. The certificate copy is filed with the courts and that is called the “parking infraction notice” (PIN). Most tickets now are computer generated and printed by a mobile printer. There are no provisions to issue a summons to an individual under Part II.
There is no limitation period for Part II offences as parking infraction notices are required to be served at the time of the offence based on the personal knowledge of the officer. Once served the registered owner of the vehicle has 15 days to respond to the PIN. In those 15 days if the defendant pays the fine the matter is closed. However, if the defendant does not pay the fine and makes no other response, a notice of impending conviction may be mailed to the owner providing additional 15 days to respond. The defendant can also request a trial within those 15 days of service which in turn will give the municipality or other body 75 days to commence a proceeding.
Part III Offences:
The last procedural stream of the POA is Part III also known as the Commencement of Proceeding by Information. The procedure to lay charged on a defendant is very similar to the process of initiating a criminal proceeding.
In the POA section 22 states that a person can be served with a summon (Form 104) prior to the provincial offences officer laying an information before a justice of peace. In the event that a Justice believes it is in the public interest to issue an arrest warrant for the defendant, and it shall be issued using Form 107.
For Part III offences there is no set fine or out-of-court settlement. Many statutes provide their own penalty provisions such as the Trespass to Property Act which provides a maximum fine of $10,000. However, if a statute does not provide a penalty provisions, then the general penalty provisions found in section 61 of the POA apply which has a maximum fine of $5,000.
The limitation periods are determined by examining the charging act. These acts determine how much time is allowed to pass before charges are no longer authorized to be laid on the defendant. For example, the Compulsory Automobile Insurance Act states that proceedings may be commenced within three years of when the offence is committed. If a specific time frame cannot be found, then section 76 of the POA applies which stipulates a six month limitation period.
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Knowing which procedural stream your specific charge falls into will help to inform you of how to fight the charges against you and what the potential consequences are. Glass Gavel Law has the experience to assist you in getting the best possible result if you have been issued a summons or offence notice. Contact us today at 1-833-344-2835 for a free, 30 minute consultation!