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Frequently Asked QuestionsFrequently Asked Questions1. 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? • 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 Please note that court staff are not lawyers and cannot provide legal advice on how to conduct your defence or assist you in filling out court forms Back to top 2. Q. What are 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. Persons who are issued with provincial offences tickets should read them carefully for a complete list of their payment and trial options. 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) 4. Q. Who can issue provincial offences notices or tickets? 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 5. Q. What is the Offence Notice (Ticket) process? 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 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. If you have a complaint concerning administrative matters, you may provide your complaint in writing addressed to the Manager of Court Administration: 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
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