Notice - All in-person proceedings have now resumed. All Provincial Offences Act (POA) proceedings currently scheduled will be conducted remotely by audio and video conferencing or in-person as per individual requests at the time of filing your trial request. In-person attendance will be at 220 Algonquin Blvd. E. Timmins, Ontario or remotely by following the directions below to connect to audio/video conferencing:
You can join by entering the Zoom link below on your browser:
https://zoom.us
Enter the meeting ID: 5661063103
Enter the passcode: 993798
The Provincial Offences Act (POA) is a procedural statute that prescribed the manner in which offences, including those created under municipal by-laws, are to be administered and prosecuted. In essence, all POA contraventions are dealt with through the issuance of a ticket. The POA prescribes the manner of serving notice of an offence to a defendant, payment periods, method of conducting the trials, sentencing and appeals. The ministry of the Attorney General is responsible for the administration of this legislation.
The Legislative Assembly enacted Bill 108, the Streamlining of Administration of Provincial Offences Act, 1997. The Bill amends the Provincial Offences Act to allow the Attorney General to enter into agreements with municipalities permitting them to undertake court administration and support functions. It also provides for the transfer of most prosecutions responsibilities to the local municipality. This Bill was part of the Provincial government overall review dealing with the re-alignment of public service delivery.
Ontario Court of Justice:
Traffic and other POA tickets
Non-criminal charges, primarily laid by police and other provincial offences officers which include charges laid under these:
- Highway Traffic Act: Speeding, careless driving, or not wearing your seat belt;
- Compulsory Automobile Insurance Act: such as failing to surrender insurance card, or possessing a fake or invalid insurance card;
- Liquor License Act: such as being intoxicated in a public place or selling alcohol to a minor;
- Trespass to Property Act: such as entering premises when entry is prohibited or failing to leave premises after being directed to do so;
- By-laws: Traffic, Parking, Noise by-law, Taxi By-law, Animal control By-law, etc.
Most provincial offences charges result in out-of-court fine payments. Citizens issued with provincial offences tickets are responsible for carefully reading the back of the ticket for a complete list of their options.
Provincial Offences Act (POA) Part I and Part III offences
- A Part I notice is a ticket that is issued to an individual
- A Part III notice is a summons (including a first appearance court date)
Defendant’s options
Option 1 - Payment
1. By mail to:
Provincial Offences Office
220 Algonquin Blvd E
Timmins, Ontario
P4N 1B3
*Payment is credited only when it is received and processed at our office, not the postmark date.
2. In person at:
Provincial Offences Office
220 Algonquin Blvd E
Timmins, Ontario
P4N 1B3
3. Online - click here to make a payment
*Failure to pay your Provincial Offences Ticket by the due date may result in the suspension of your driver’s license.
Option 2 - Plead guilty with explanation
This option is available if you do not wish to dispute the charge but wish to explain circumstances relating to the amount of the fine or the time to pay.
You or your agent must attend in person at the Ontario Court of Justice, at 38 Pine Street N, Timmins ON P4N 6K6. Upon arrival, you must register your name with our counter staff, who will let you know what the next step is. Please check the back of your ticket or call the Provincial Offences Court Office to confirm times available for this option.
A Justice of the Peace will read the charge to the defendant/agent and register a conviction. The defendant’s submissions can only result in a possible reduction in the fine or an extension of time to pay. The conviction is registered with the Ministry of Transportation and demerit points are registered accordingly.
Option 3 - Trial option
To set a Provincial Offences trial date, sign Option 3 on the back of your ticket and return it to:
City of Timmins:
220 Algonquin Blvd E
Timmins, Ontario
P4N 1B3
* Please allow 4-6 weeks for a response to your trial date.
If you receive a summons you must attend court on the date recorded. It is your responsibility to attend court on your assigned date. If you are not present for your court date a trial date will be set for you or a warrant may be issued for your arrest. You will not receive notification if a trial date has been set. You are responsible for checking with the Courts if you miss your summons date.
When you appear on the date of your summons you will have the following options:
- Plead guilty to the offence
- Adjourn to obtain an agent or council
- Adjourn to obtain disclosure
- Adjourn to speak with a Prosecutor about a resolution
*Appearing in court for a summons could result in conviction and possible suspension of your driver’s license
Before the Trial Date
- Accessibility accommodation for persons with disabilities:
You should contact the court office shown on your ticket or summons to obtain information about a courthouse’s accessibility features, or if you or one of your witnesses needs accessible court services.
In some courts, the prosecutor will meet with defendants before the day of trial to discuss the potential resolution of the charge. Contact the court office shown on your ticket or summons to ask about this meeting. By meeting with the prosecutor, you do not give up your right to trial.
Anyone charged with an offence is entitled to receive, free of charge, all the information in the prosecutor’s possession or control that is relevant to the charge. This could include; investigating officer notes, witness statements, diagrams, and photographs. This information is called “disclosure” and you must ask for it in order to get it. This request may have to be made in writing. Contact the court office shown on your ticket or summons as soon as possible to find out how to receive the disclosure materials for your case. The prosecutor’s phone number is 705-264-9591.
If you or one of your witnesses requires an interpreter for a scheduled court date, immediately advise the court office shown on your ticket or summons. The court office provides interpreter services for court hearings free of charge.
- French of bilingual proceeding
If you speak French, you are entitled to a bilingual proceeding if you are charged with a provincial offence or to a French trial if you are charged with an offence under federal legislation. Notify the court office shown on your ticket or summons as soon as possible of your intention to have a bilingual or French proceeding.
Contacts
Lisa Trottier-Poan, Provincial Offences Supervisor
220 Algonquin Blvd E
Timmins, Ontario
P4N 1B3
Tel: (705) 360-2620 - Option 1
Fax: (705) 360-2694
Email: [email protected]
Municipal Prosecutors
Riopelle Group : 202-85 Pine St S, Timmins ON P4N 2K1
Tel: (705) 264-9591
Fax: (705) 264-1393