O. Reg. 713/21: RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS

 

 

ontario regulation 713/21

made under the

Courts of Justice Act

Made: October 18, 2021
Filed: October 20, 2021
Published on e-Laws: October 20, 2021
Printed in The Ontario Gazette: November 6, 2021

Amending Reg. 200 of R.R.O. 1990

(RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS)

1. Subrules 7 (6) and (8) of Regulation 200 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

(6) On the hearing of an application or motion, and whether or not other evidence is given on the application or motion, the justice or clerk of the court, as the case may be, may receive and base their decision on information the justice or clerk considers credible or trustworthy in the circumstances.

. . . . .

(8) Subrules (2) to (5) do not apply in respect of applications under section 9 or 66.0.1 of the Act.

2. Rule 15 of the Regulation is amended by adding the following subrule:

(1.1) A justice may dispose of an application under section 9 of the Act on the basis of the certificate of offence and the application presented by the applicant.

3. Rule 21 of the Regulation is amended by adding the following subrule:

(2) Every clerk of the court shall record the disposition of every proceeding dealt with by the clerk under section 9 or 66.0.1 of the Act.

4. Rule 22.1 of the Regulation is revoked and the following substituted:

22.1 (1) A clerk of the court who quashes a proceeding under section 9 of the Act shall,

(a)  endorse the decision and reasons for the decision on the certificate of offence; and

(b)  complete a separate report of the decision and the reasons for the decision.

(2) A completed report mentioned in clause (1) (b) forms part of, and shall be kept with, the records of the court maintained by the clerk of the court.

22.2 In acting under section 9 of the Act, a justice or a clerk of the court may examine a certificate of offence, and indicate the disposition of the proceeding, by electronic means.

5. (1) Rule 32 of the Regulation is amended by adding the following subrule:

(1.1) An application under section 9 of the Act shall be in Form 101.1, titled “Application to Justice to Strike out Conviction” in English and “Requête au juge d’annuler la déclaration de culpabilité” in French and dated May 10, 2021, and available on the internet at the Ontario Court Forms website.

(2) Subrules 32 (25) and (26) of the Regulation are revoked and the following substituted:

(25) An application under section 66.0.1 of the Act shall be in Form 125, titled “Application for Extension of Time to Pay Fine” in English and “Requête en prorogation du délai de paiement d’une amende” in French and dated May 10, 2021, and available on the internet at the Ontario Court Forms website.

(26) An order under section 66.0.1 of the Act shall be in Form 126, titled “Order Extending Time for Payment” in English and “Ordonnance de prorogation du délai de paiement d’une amende” in French and dated May 10, 2021, and available on the internet at the Ontario Court Forms website.

6. The Regulation is amended by adding the following section:

33. Forms 101.1, 125 and 126 may be provided in either English or French or in both languages.

7. Forms 125 and 126 to the Regulation are revoked.

Commencement

8. This Regulation comes into force on the later of the day subsection 1 (1) of Schedule 39 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force and the day this Regulation is filed.

Made by:

Doug Downey

Attorney General

Date made: October 18, 2021