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# result(s)

Highway Traffic Act
Code de la route

ONTARIO REGULATION 468/05

School bus offence — service of offence notice on vehicle owner

Historical version for the period December 11, 2015 to December 31, 2015.

Last amendment: O. Reg. 405/15.

This Regulation is made in English only.

Service of offence notice

1. (1) An offence notice issued in a proceeding against an owner of a motor vehicle for an offence under subsection 175 (19) or (20) of the Act may be served by regular prepaid mail to the person charged, at the address of the holder of the plate portion of the permit as it appears in the Ministry’s records, within 23 days after the occurrence of the alleged offence. O. Reg. 468/05, s. 1 (1).

Note: On January 1, 2016, the day subsection 50 (4) of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 comes into force, section 1 of the Regulation is amended by adding the following subsection: (See: O. Reg. 405/15, s. 1 (1))

(1.1) Where the provincial offences officer who issued the certificate of offence for an offence described in subsection (1) believes that the person charged resides or, in the case of a corporation, has its principal place of business, outside Ontario, the offence notice may be served by regular prepaid mail to the person charged, at the address outside Ontario at which the officer believes the person resides or has its principal place of business, within 23 days after the occurrence of the alleged offence. O. Reg. 405/15, s. 1 (1).

(2) Service of an offence notice that has been mailed in accordance with subsection (1) shall be deemed to have been effected on the seventh day after the day it was mailed. O. Reg. 468/05, s. 1 (2).

Note: On January 1, 2016, the day subsection 50 (4) of the Transportation Statute Law Amendment Act (Making Ontario’s Roads Safer), 2015 comes into force, subsection 1 (2) of the Regulation is amended by adding “or (1.1)” after “subsection (1)”. (See: O. Reg. 405/15, s. 1 (2))

Certifying service on certificate of offence

2. If the provincial offences officer who issued the certificate of offence also serves the offence notice on the person charged, that officer shall certify on the certificate of offence the fact that the offence notice was mailed and the date it was mailed. O. Reg. 468/05, s. 2.

Affidavit of service

3. Where an offence notice is served in accordance with this Regulation by a person other than the provincial offences officer who issued the certificate of offence, the person shall complete an affidavit of service. O. Reg. 468/05, s. 3.

4. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 468/05, s. 4.