Appealing a conviction or sentence

If you do not file a Notice of Appeal within 30 days of the conviction and sentence date, you must:

• Get judicial permission to file the Notice of Appeal by completing, serving and filing an Application for Extension of Time to Appeal. You can also get this form at the court office where your trial took place, or at the appeal court office
• For Part I and II and municipal Part III appeals, serve the completed Application for Extension of Time to Appeal form by sending it to the Prosecutor’s Office at @email
• For Part III appeals involving police laid charges, serve the Crown’s office at 50 Eagle St. West
• For charges prosecuted by other ministries, serve the ministry
• Go to the Ontario Court of Justice at 50 Eagle Street West, Newmarket, Ontario and file the completed form with proof of service at the Appeal Court Office

You have the right to appeal any Provincial Offences Court conviction, sentence, or both, within 30 days of the conviction and sentence date by completing:

Notice of Appeal

• Complete and file a form called a Notice of Appeal. You can also get a Notice of Appeal from the court office where your trial took place or from the appeal court office

Part I and Part II Appeals

• Complete your Notice of Appeal Under Part I and II  serve it to the prosecutor’s office at @email and file it with proof of service at the courthouse located at 50 Eagle Street West, Newmarket, Ontario

Part III Appeals

• Complete your Notice of Appeal for Part III
• Serve the Notice of Appeal at the Crown’s office at 50 Eagle Street West, Newmarket, Ontario (or for certain offences, the appropriate Ministry that prosecuted your charge)
• If the charge involved a municipal bylaw, Building Code, Fire Code, Smoke Fire Ontario Act, Health Protection and Promotion Act, or Reopening Ontario Act charge, you must also serve the Regional Prosecutor’s office by sending a copy to @email
• For Part III Appeals, you are required to order and pay for three copies of the transcript by using the Transcript Order Form. Please order your transcript promptly to prevent your appeal from being delayed, dismissed or not scheduled
• Obtain a Certificate from the clerk confirming a transcript has been ordered
• File the Notice of Appeal, the transcript order Certificate and proof of service at Courthouse at 50 Eagle Street West, Newmarket, Ontario

For more information about the appeal process, please read the POA Part I and II Appeal Process Guide and the POA Part III Appeal Process Guide.

You will have to pay your fine, including costs and victim fine surcharge and other fees, into court before you can file your Notice of Appeal. Refer to Paying a Ticket or Fine for instructions on how to pay a fine. Keep your fine payment receipt as the appeal court office will require proof of your fine payment before accepting your appeal documents for filing. If you are unable to afford to pay the fine, you must complete an Application to File an Appeal without paying the fine and an Order for Recognizance and serve these, along with your Notice of Appeal, to the prosecutor’s office and/or the crown’s office or other ministry that prosecuted the charge. You can file the Application and Recognizance along with your Notice of Appeal, with proof of service, at the Courthouse located at 50 Eagle St. West, Newmarket, Ontario.

If you have served your Appeal and any Applications by email to the Regional Prosecutor’s Office, the prosecution office will respond with an email acknowledging it has accepted service of your documents. This email must be attached to your documents as proof that the prosecution office was served.

If you made an appointment to attend the prosecutor’s office to serve appeal documents, the clerk will stamp your documents to be filed to confirm service has been accepted. The documents with the stamped acceptance are considered proof of service.

For service of documents of the Crown Attorney’s Office or other ministry, please contact the Crown’s office or ministry for methods of service and proof of service.

A transcript is a written record of what was said during a court hearing. Transcripts must be ordered for all cases where a trial or guilty plea was heard. Transcripts are not required if you were convicted without a hearing. To order a trial transcript, please complete a Transcript Order Form.

A trial transcript is a written record of what was said during a court hearing. Your appeal judge may request that you provide one. To order a trial transcript, please complete a Transcript Order Form.

An appeal can be filed for proceedings falling under Part I, Part II or Part III of the Provincial Offences Act.

Part I – You received an Offence Notice, commonly called a traffic ticket or have received a Summons to appear in court following a motor vehicle collision. If the document you received is identified as an Offence Notice (Form 3) or Summons (Form 7), continue with the Part I appeal process.

Part II – You received a Parking Infraction Notice, commonly called a parking ticket. If the document you received is identified as a Parking Ticket (Form 12 or Form 13), continue with the Part II appeal process.

Part III – You received a Summons, used for more serious charges which requires you to appear in court. If the document you received is identified as a Summons (Form 104 or Form 106), continue with the Part III appeal process.