Frequently Asked Questions

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1. What do Provincial Offences Courts do?
2. What are provincial offences?
3. What are the different types of provincial offences notices?
4. Who can issue provincial offences notices or tickets?
5. What is the Offence Notice (Ticket) process?
6. How many days do I have to respond once I receive an Offence Notice (Ticket)?
7. What happens if I don't choose an option and do nothing?
8. Why are there two amounts on my ticket?
9. What if I need more time to pay a provincial offence fine?
10. What happens if I cannot attend the trial date that was given to me?
11. What is Disclosure and how do I request Disclosure?
12. If I want to represent myself at trial, what is the trial process?
13. If I have a speeding ticket, what can happen to the charge?
14. What happens if I miss my trial date?
15. How do I appeal a conviction?
16. What happens if I miss the time to Appeal?
17. What happens if I do not pay my fine in full?
18. My driver's licence is suspended. If I pay my fine plus all additional fees today, when will I get my licence back?
19. How many demerit points will I get?
20. How can I pay my fine?
21. When are you open?
22. How do I make a formal complaint?

 

1. Q.  What do Provincial Offences Courts do?
 
A.  The Provincial Offences Courts:

• process/accept payment of provincial offences fines (except parking fines – please check with the municipality that issued the ticket on how to pay the fine)
• schedule and prosecute provincial offences trials
• deal with walk-in guilty pleas
• accept filing of Provincial Offences Act matters including re-openings, motions and extensions of time to pay fines
• handle general inquiries about provincial offences

A.  They include:
• speeding, careless driving, or not wearing your seat belt - Highway Traffic Act
• failing to surrender your insurance card or possessing a false or invalid insurance card – Compulsory Automobile Insurance Act
• being intoxicated in a public place or selling alcohol to a minor - Liquor Licence Act
• selling tobacco to a minor or smoking in a prohibited place – Smoke Free Ontario Act
• entering prohibited premises or failing to leave premises after being directed to do so – Trespass to Property Act
• failing to obtain a permit for construction of a building or a structure – Building Code Act
• Occupational Health and Safety, Ministry of Environment, Labour or Finance violations
• municipal and regional by-laws – noise, zoning, transit fare violations, trees, etc.

 

A.  There are three different types of provincial offences notices
• an Offence Notice (ticket) that is issued to a defendant listing various options on the back of the ticket (these are explained below) – the charging document is a Certificate of Offence
• parking infraction notices – the charging document is a Certificate of Parking Infraction
• summonses requiring the defendant to appear in court on a certain time, place and date – the charging document is usually an Information (it may also be a Certificate of Offence)

 

A.  There are many enforcement agencies who can issue you a ticket, including:
• Municipal Enforcement Officers (for By-laws, fire and building code violations, etc.)
• York Regional Police
• Ontario Provincial Police
• Ministry of Transportation
• Ministry of Environment
• Ministry of Labour
• Ministry of Natural Resources
• Ministry of Health
• Workplace Safety and Insurance Board
• GO Transit
• York Region Transit officers

 

A.  The Officer serves the defendant with an Offence Notice.
Within 15 days, the defendant must exercise one of the following three options listed on the back of the ticket or they may be found guilty without a hearing for failing to respond to the ticket.
Option 1:  Plea of Guilty – Voluntary Payment of Total Payable: treated as a guilty plea and a conviction is entered.
Option 2:  Plea of Guilty – Submissions as to Penalty: pleads guilty and requests a lower fine  and/or time to pay – a conviction is entered.
Option 3:  Trial: Attends court office to request a trial. In addition to the trial option, a defendant may request a meeting with a prosecutor to discuss a possible resolution to the charge(s) (this is known as a First Attendance Hearing). (See further explanation regarding the trial option below).

 

A.  Please read and follow the instructions provided on the back of the offence notice and choose an option.

Those options are:

Within 15 days of receiving your Offence Notice (ticket), you must choose one of the following options:

This is an out-of-court payment option. A defendant who has been served with an Offence Notice and chooses not to contest the charge may sign the Offence Notice under Option 1 and make payment to the court office on the back of the Offence Notice. These payments may be made in person at the court office indicated on the back of the Offence Notice or by mailing a cheque or money order, along with the Offence Notice, to the court office indicated on the back of the Offence Notice. Alternatively, a payment may be made online at www.york.ca (click on the 'eservices' link) using Visa or Mastercard. An additional fee is payable if you chose to pay online.

The defendant must pay the "total payable" in full. Payment is deemed to be a plea of guilty. Demerit points may apply.

If a partial payment is made, or if the defendant's cheque is returned for insufficient funds, the fine will not be considered paid and an NSF charge will be applied.

This option is available to defendants who do not wish to dispute the charge, but wish to plead guilty before a Justice of the Peace and ask for a lower fine and/or more time to pay the fine. You or someone on your behalf who is 16 years of age or older (your "agent") must attend in person at the court office designated on the back of your Offence Notice. Upon your arrival at the designated court, you or your agent must register with our counter staff. Staff will give you further instructions after you sign in.

A Justice of the Peace will read the charge to you or your agent and register a conviction. The defendant's explanation(s) may result in a reduction in the fine, or an extension of the time to pay, but a Justice of the Peace cannot remove or reduce the demerit points to be applied or reduce the charge.

For example, if your charge is one of speeding with an allegation of going 30 km/h over the limit, which would lead to demerit points being placed on your licence if convicted, the Justice of the Peace cannot reduce the allegation to a rate of speed which would not have points added to your licence.

1.  Scheduling an Appointment. (This is called a First Attendance Hearing).
The Regional Municipality of York is designated to provide the option of a First Attendance Hearing. To exercise this choice, you or your agent (this can include a family member who fills out the forms on your behalf) must attend the court office designated on the back of your Offence Notice to fill out and file a Notice of Intention to Appear click on Notice of Intention to Appear as well as a request to set an appointment to meet with a prosecutor. On the forms, you must include your current mailing address and telephone number where you can be contacted. A First Attendance Hearing Notice will be mailed to you (it is your responsibility to advise the court of any change to your mailing address). This is an informal meeting with a prosecutor to try to resolve your charge or charges without going to trial. The investigating officer does not attend the meeting and it is not a trial date.

If the matter cannot be resolved, your trial option remains available and a Trial Notice will be mailed to you at a later date. If you have any questions regarding your charge (witnesses or trial procedure) the prosecutor will be able to provide information to you.

2.  Scheduling of a trial
The trial option requires you or your agent (this can include a family member who fills out the forms on your behalf) to attend the court office designated on the back of your Offence Notice to complete and file a Notice of Intention to Appear (NIA). A trial date will be set and a Notice of Trial will be mailed to you at the address indicated on your Notice of Intention to Appear indicating your trial time, place and date. It is your responsibility to advise the court of any change to your mailing address if your address changes after your NIA is filed.

 

 

A.  Failure to choose an option within 15 days of receiving your Offence Notice (ticket) will result in the Certificate of Offence being placed before a Justice of the Peace, who will review the document. If it is complete and regular on its face, a conviction will be entered and the court will order that you pay the set fine. In addition, costs and a victim fine surcharge are added automatically.

 

A.  One amount is the set fine and the other is your total payable amount. The Total Payable is the sum of the set fine, plus $5.00 costs plus the applicable Victim Fine Surcharge (VFS). The VFS is imposed automatically under s. 60.1 of the Provincial Offences Act (POA). The various amounts for the VFS are set under O. Reg 161/00 made under the POA. The amount varies depending on the amount of the fine. Proceeds from the VFS are used to maintain and expand provincial services to victims of crime. The court costs are also imposed automatically under s. 60 of the POA. The various cost amounts are set under O. Reg 945 made under the POA.

 

A.  If you need more time to pay a provincial offence fine, visit the designated court office on the back of your Offence Notice. You will be asked to fill out a form. This form will require you to fill in all of the information regarding your offence including why you need more time to pay, how much you have paid so far and a specific date that you would like it extended to, etc. You may be asked to appear before a Justice of the Peace to explain why you need more time to pay.

 

A.  You may send someone on your behalf who is 16 years of age or older (your "agent") to request a new trial date or to enter a plea on your behalf.

If it is the first trial date that you cannot attend, you or your agent may attend at the prosecutor's office between 9:00 a.m. and 4:00 p.m. before the first trial date and ask to file a 'Request For Adjournment of First Trial Date' form. If the prosecutor's office consents to adjourning your matter, you will be able to choose a new trial date from those that are available to the court. Once the form has been completed and signed by the clerk of the court, which will have the new trial date on it, you will be provided with a copy of that form. It is important to note that nothing else will come in the mail with the new trial date. A copy of the Request for an Adjournment Form can be obtained at the prosecutor's office, or by clicking on the link.  click on Request for Adjournment-Newmarket  click on Request for Adjournment-Richmond Hill

If it is not the first trial date, you or your agent must attend at the court office shown on the Notice of Trial to complete, serve and file a Notice of Motion requesting a change of trial date. The motion must explain why it is that you cannot proceed on the scheduled trial date (e.g. conflicts with business trip or vacation, an essential witness is not available due to illness, vacation etc.). The motion requesting the adjournment may be heard on any date prior to your trial date that the court is sitting, but it must be served and filed with the courthouse at least three (3) clear days (does not include weekends) prior to the hearing of the Motion.

It is important to note that the date for the hearing of your motion is a court date that you or your agent must attend in order to request your new trial date. The court may grant or refuse your adjournment request.

If the reason that you cannot attend court on your trial date is a last-minute emergency, you may send someone to the court on your trial date in order to request a new trial date. The court may or may not grant a change of trial date.

 

 

 A.  Disclosure is a copy of the officer's notes and any other relevant evidence that  may exist involving the charge against you. If you receive a ticket and you wish  to receive disclosure prior to your trial, send a Request for Disclosure to the Regional prosecutor's office at the court location indicated on your Offence Notice (ticket). A Disclosure Request Form can be obtained from the Prosecutor's office or by clicking on the  link. click on Request for Disclosure-Newmarket  click on Request for Disclosure-Richmond Hill.

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12. Q.  If I want to represent myself at trial, what is the trial process?

A.  A simplified explanation of the Trial Process prepared by the Regional Prosecutor's Office can be obtained by contacting the Prosecutor's office, or by clicking on the link. click on Trial Process.

The trial process may involve other issues not covered in this document (for example, Charter Applications, Constitutional Challenges, etc.). You are advised to seek independent legal advice from a licensed paralegal or a lawyer before choosing to proceed to trial on your own. You may be asked by the Justice of the Peace on your trial date whether you have sought independent legal advice, requested disclosure and whether you understand the trial process. Your trial may not proceed and may be adjourned if the Justice of the Peace is not satisfied that you understand the trial process and that you are ready to proceed to trial without legal representation or disclosure.

Please arrive at least 15-30 minutes before your scheduled trial time so that you can meet with the prosecutor to discuss your case.

 

A.  If the officer has reduced the speed on your ticket, and you proceed to trial, the court has the power to amend the rate of speed to a higher rate of speed if the evidence accepted by the court indicates that you were actually travelling at a higher rate of speed. If the officer has not reduced the rate of speed, you can request a First Attendance Hearing to meet with a prosecutor to try to resolve the charge at a lower rate of speed. The prosecutor may or may not agree to do this, depending on your driving record and the rate of speed shown on the ticket. For more information about speeding charges, you can obtain an information sheet prepared by the Regional Prosecutor's office from the prosecutors office, or you can click on the link. click on Speeding Charges.

 

14. Q.  What happens if I miss my trial date?
  
      A.  If you miss your trial date you may be convicted in your absence.

 

If you were given an Offence Notice (ticket) initially, you may attend at the convicting court office and complete re-opening papers within 15 days of becoming aware of the conviction. You will then appear on your re-opening application before a Justice of the Peace who will then consider the reasons for your failure to appear at trial. The re- opening may or may not be granted.
 

If granted, you will receive a new Notice of Trial by mail. It is your responsibility to        
advise the court of any change to your mailing address.

 

If it's not granted, the conviction will stand. You cannot appeal the decision denying a re-opening but you may appeal the original conviction (see below.)

If you were given a summons initially, the trial may take place in your absence or a new
trial date may be selected without further notice to you after which you may be convicted in your absence.

 

 

15. Q.  How do I appeal a conviction?
 
A. You must fill out and file appeal forms within 30 days of your conviction at the
  courthouse located at 50 Eagle Street West, Newmarket, Ontario.
 
  In order to file an appeal, you must either pay the fine, plus applicable costs and VFS into court (s. 111(1) of the  POA), OR file an Application to File an Appeal Without Paying the Fine and an Order of Recognizance (s. 111(2) and (3)). This will cause you to appear before a Judge of the appeal court to explain why you cannot pay the fine. If the Judge is satisfied that you cannot pay the fine, you will be required to sign a Recognizance promising to pay an amount the appeal court thinks is appropriate. The amount of the Recognizance becomes due and payable if you or your agent do not appear to argue your appeal.

 

Also, if you have been convicted after a trial or after pleading guilty, you will have to order and pay for three copies of a transcript. A minimum deposit of $25.00 will be required when ordering the transcript. The deposit may be higher depending on the length of your trial. You will be contacted by phone once the transcript is ready to pick up. Once the transcript is finished, you are responsible to pay for the transcript, even if you decide not to pursue your appeal. You will also have to pay for the transcript in full before it will be released to you. You will have to serve the transcript on the relevant prosecuting agency and file a copy with proof of service with the appeal court at 50 Eagle St. West, Newmarket.

 

Should your appeal go forward, you or your agent will appear before a Judge of the appeal court to argue your appeal. Please arrive at least 30 minutes before your scheduled hearing time in order to meet with the prosecutor to discuss your appeal before court starts.

 

 

A.  If your appeal period has passed, you may fill out a form called "Application to Extend Time to File an Appeal". You must then appear before a Judge of the appeal court and request additional time to file your appeal.

 

 

A.  You must pay your fine plus all costs, victim fine surcharge, late fees and NSF fees in  full in order to avoid collection proceedings.  For certain offences, an unpaid fine can also lead to a suspension of your licence. If your licence is suspended, you will not be able to reinstate your licence through the Ministry of Transportation until the fine and all additional fees are paid in full. In addition, the Ministry of Transportation charges a fee of $150.00 for your licence to be reinstated.

 

 

                                        
A.  The Ministry of Transportation takes approximately three to five business days to reinstate your licence. If you have any questions, please contact the Ministry at 1-800-387-3445.

 

 

A.  Please contact the Ministry of Transportation for that information. You can contact them at 1-800-387-3445. You can also check the Demerit Point regulation (O. Reg 339/94 made under the Highway Traffic Act) on the Attorney General for Ontario's e-laws website at http://www.e-laws.gov.on.ca/index.html. The direct link to the Demerit Point regulation (O. Reg 339/94 made under the Highway Traffic Act) is http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm.

 

A.  Your fine can be paid at any Provincial Offence Office in Ontario. The Provincial Offence Offices in York Region accept cash, cheque (payable to the Regional Municipality of York), debit card, Visa, Mastercard. Tickets received in the Region of York may also be paid by e-commerce over the Region's web site at www.york.ca (click on the 'eservices' link at the top of the web page)

 

A.  Our court offices are open Monday to Friday from 8:30 a.m. to 4:30 p.m., excluding statutory holidays.

 

A.  Please note that Court Services staff cannot comment on decisions made by the judiciary and are not in a position to alter any conviction or order of the court.

Newmarket Court (4960)        Richmond Hill Court (4961)
Provincial Offences Office       Provincial Offences Office
Ontario Court of Justice          Ontario Court of Justice
465 Davis Drive, Suite 200      50 High Tech Road
Newmarket, ON L3Y 7T9        Richmond Hill, ON L4B 4N7

If the complaint relates to a Regional prosecution staff member, please make your complaint in writing to the Senior Counsel - Prosecutions at:

Prosecutor's Office
The Regional Municipality of York
465 Davis Drive, Suite 226
Newmarket, ON L3Y 7T9