O. Reg. 472/21: DEFECTIVE CERTIFICATE OF OFFENCE

Provincial Offences Act

ONTARIO REGULATION 472/21

DEFECTIVE CERTIFICATE OF OFFENCE

Historical version for the period June 14, 2021 to October 31, 2021.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on November 1, 2021, the day subsection 1 (1) of Schedule 39 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force.

No amendments.

This is the English version of a bilingual regulation.

1. For the purposes of subsections 9 (2) and (5) of the Act, a certificate of offence is defective if,

(a) the offence notice or summons was not served on the defendant in accordance with subsection 3 (3) of the Act;

(b) the certificate of offence was not filed in accordance with section 4 of the Act; or

(c) the certificate of offence does not indicate,

(i) the name and signature of the person certifying the certificate,

(ii) the defendant’s name and either the defendant’s address or date of birth,

(iii) a description of the alleged offence, including reference to the provision of the statute, regulation or by-law in respect of which the offence is alleged to have occurred,

(iv) the location, including the municipality, where the offence is alleged to have occurred,

(v) the date, including the year, on which the offence is alleged to have occurred, and

(vi) the amount of the applicable set fine under the Act or under the Contraventions Act (Canada), as the case may be.

2. Omitted (provides for coming into force of provisions of this Regulation).