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Provincial Offences Act

ONTARIO REGULATION 108/11

Forms

Consolidation Period:  From August 11, 2016 to the e-Laws currency date.

Last amendment: O. Reg. 291/16.

This is the English version of a bilingual regulation.

Forms

1. (1) In this Regulation, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of this Regulation and is available on the Internet through www.ontariocourtforms.on.ca.  O. Reg. 108/11, s. 1.

(2) A form issued pursuant to Part II of the Act (Commencement of Proceedings for Parking Infractions) may be provided in either English or French or in both languages, whether or not the form shown on www.ontariocourtforms.on.ca is in both languages.  O. Reg. 462/11, s. 1.

(3), (4) Revoked: O. Reg. 136/14, s. 1.

Proceedings Commenced by Certificate of Offence (Part I of the Act)

Certificate of offence

2. (1) A certificate of offence shall be in Form 1.  O. Reg. 108/11, s. 2 (1).

(2) Despite subsection (1), a certificate of offence issued in proceedings based on evidence obtained through the use of a red light camera system shall be in Form 2.  O. Reg. 108/11, s. 2 (2).

(2.1) Despite subsection (1), a certificate of offence issued in proceedings based on evidence obtained through the use of a camera system in relation to a contravention of subsection 175 (19) or (20) of the Highway Traffic Act (duty of drivers when school bus stopped – vehicle owner) shall be in Form 2.1. O. Reg. 291/16, s. 1.

Offence notice

3. (1) An offence notice shall be in Form 3.  O. Reg. 108/11, s. 3 (1).

(2) Despite subsection (1), an offence notice shall be in Form 4 in those parts of Ontario where the notice of intention to appear is required to be filed in person.  O. Reg. 108/11, ss. 3 (2), 16 (1); O. Reg. 291/16, s. 2 (1).

(3) Despite subsections (1) and (2),

(a) an offence notice issued in proceedings based on evidence obtained through the use of a red light camera system shall be in Form 5; and

(b) an offence notice issued in proceedings based on evidence obtained through the use of a camera system in relation to a contravention of subsection 175 (19) or (20) of the Highway Traffic Act (duty of drivers when school bus stopped – vehicle owner) shall be in Form 5.1. O. Reg. 291/16, s. 2 (2).

(4) Despite subsections (1), (2) and (3), in those parts of Ontario where the notice of intention to appear is required to be filed in person,

(a) an offence notice issued in proceedings referred to in clause (3) (a) shall be in Form 6; and

(b) an offence notice issued in proceedings referred to in clause (3) (b) shall be in Form 6.1. O. Reg. 291/16, s. 2 (2).

Summons under Part I of Act

4. A summons under Part I of the Act shall be in Form 7.  O. Reg. 108/11, s. 4.

Early resolution meeting notice (in person)

4.1 An early resolution meeting notice (in person) shall be in Form 7.1.  O. Reg. 108/11, s. 16 (3).

Early resolution meeting notice (electronic method)

4.2 An early resolution meeting notice (electronic method) shall be in Form 7.2.  O. Reg. 108/11, s. 16 (3).

Early resolution outcome form (joint submission)

4.3 An early resolution outcome form (joint submission) shall be in Form 7.3.  O. Reg. 108/11, s. 16 (3).

Notice of intention to appear

5. A notice of intention to appear shall be in Form 8 in those parts of Ontario where the notice of intention to appear is required to be filed in person.  O. Reg. 108/11, ss. 5, 16 (4); O. Reg. 291/16, s. 3.

Notice of trial under Part I of Act

6. A notice of trial under Part I of the Act shall be in Form 9.  O. Reg. 108/11, s. 6.

Certificate of striking out conviction

7. (1) A certificate of striking out conviction shall be in Form 103 of Regulation 200 of the Revised Regulations of Ontario, 1990 (Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings) made under the Courts of Justice Act.  O. Reg. 108/11, s. 7 (1).

(2) Section 1 does not apply to the form referred to in subsection (1).  O. Reg. 108/11, s. 7 (2).

Notice of fine and due date

8. A notice of fine and due date under Part I of the Act shall be in Form 10.  O. Reg. 462/11, s. 2.

Parking Infractions (Part II of the Act)

Certificate of parking infraction

9. A certificate of parking infraction shall be in Form 11.  O. Reg. 108/11, s. 9.

Parking infraction notice

10. (1) A parking infraction notice shall be in Form 12.  O. Reg. 108/11, s. 10 (1).

(2) Despite subsection (1), a parking infraction notice shall be in Form 13 in those municipalities where the notice of intention to appear is required to be filed in person.  O. Reg. 108/11, ss. 10 (2), 16 (5); O. Reg. 291/16, s. 4.

Information set out in certificate or notice

11. A certificate of parking infraction or a parking infraction notice may set out,

(a) more than one infraction as long as each infraction with which a person is charged is clearly indicated on the certificate or notice by a check-mark, an “x”, a punch hole or by some other means;

(b) information related to the voluntary payment of penalties under by-laws adopted under an Act that authorizes such by-laws.  O. Reg. 108/11, s. 11.

Notice of intention to appear

12. A notice of intention to appear shall be in Form 8 in those municipalities where the notice of intention to appear is required to be filed in person.  O. Reg. 108/11, ss. 12, 16 (6); O. Reg. 291/16, s. 5.

Notice of trial under Part II of Act

13. A notice of trial under Part II of the Act shall be in Form 9.  O. Reg. 108/11, s. 13.

Notice of impending conviction, certificate requesting a conviction

14. (1) A notice of impending conviction shall be in Form 14.  O. Reg. 108/11, s. 14 (1).

(2) Despite subsection (1), a notice of impending conviction shall be in Form 15 in those municipalities where the notice of intention to appear is required to be filed in person.  O. Reg. 108/11, ss. 14 (2), 16 (7); O. Reg. 291/16, s. 6.

(3) A certificate requesting a conviction shall be in Form 16 and shall be completed in accordance with the following rules:

1. If the defendant’s driver’s licence number is available, the defendant’s date of birth need not be completed. 

2. If the defendant’s driver’s licence number is not available, the defendant’s date of birth must be completed if it is available. 

3. If the defendant’s driver’s licence number or date of birth is available, the registrant identification number for the vehicle need not be completed.

4. If neither the defendant’s driver’s licence number nor date of birth is available, then the registrant identification number for the vehicle must be completed. 

5. If the certificate is issued by a municipality that has entered into an agreement under subsection 18.6 (1) of the Act, the defendant’s address, sex, driver’s licence number and date of birth, the registrant identification number for the vehicle and the by-law number need not be completed.  O. Reg. 108/11, s. 14 (3).

(4) A notice of impending conviction and a certificate requesting a conviction issued by a municipality shall be prepared by the clerk of the municipality or another employee who is responsible for parking prosecutions.  O. Reg. 108/11, s. 14 (4).

(5) A notice of impending conviction and a certificate requesting a conviction issued by a ministry shall be prepared by the deputy minister of the ministry or another employee who is responsible for parking prosecutions.  O. Reg. 108/11, s. 14 (5).

(6) A notice of impending conviction and a certificate requesting a conviction issued by another body shall be prepared by the chief administrator of the body or another employee who is responsible for parking prosecutions.  O. Reg. 108/11, s. 14 (6).

(7) A facsimile signature of a person mentioned in subsection (4), (5) or (6) is sufficient authentication of a certificate requesting a conviction.  O. Reg. 108/11, s. 14 (7).

Notice of fine and due date

15. A notice of fine and due date under Part II of the Act shall be in Form 10.  O. Reg. 462/11, s. 3.

16. Omitted (provides for amendments to this Regulation).  O. Reg. 108/11, s. 16; O. Reg. 462/11, s. 4.

17. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 108/11, s. 17; O. Reg. 462/11, s. 5.

TABLE OF FORMS

Form Number

Form Name

Date of Form

1

Certificate of Offence

November 2, 2011

2

Red Light Camera System Certificate of Offence

March 15, 2014

2.1

Fail to Stop for a School Bus – Owner Liability Certificate of Offence

July 6, 2016

3

Offence Notice

March 15, 2014

4

Offence Notice

November 2, 2011

5

Red Light Camera System Offence Notice

March 15, 2014

5.1

Fail to Stop for a School Bus – Owner Liability Offence Notice

July 6, 2016

6

Red Light Camera System Offence Notice

November 2, 2011

6.1

Fail to Stop for a School Bus – Owner Liability Offence Notice

July 6, 2016

7

Summons

March 17, 2011

7.1

Early Resolution Meeting Notice (In Person)

November 2, 2011

7.2

Early Resolution Meeting Notice (By Electronic Method)

November 2, 2011

7.3

Early Resolution Outcome

November 2, 2011

8

Notice of Intention to Appear

March 15, 2014

9

Notice of Trial

March 15, 2014

10

Notice of Fine and Due Date

November 2, 2011

11

Certificate of Parking Infraction

March 17, 2011

12

Parking Infraction Notice

March 15, 2014

13

Parking Infraction Notice

March 17, 2011

14

Notice of Impending Conviction

March 15, 2014

15

Notice of Impending Conviction

March 17, 2011

16

Certificate Requesting Conviction

March 17, 2011

O. Reg. 136/14, s. 2; O. Reg. 291/16, s. 7.

 

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