Commencement of Proceedings, Part I

The Part I procedure is intended to be used for the prosecution of relatively less serious offences and can only be used where a set fine has been established for the offence.

A Provincial Offences Notice ("PON") is intended to provide a simple, expeditious procedure for dealing fairly with persons charged with provincial offences.

The maximum fine that may be imposed in Part I proceedings is $1,000.00:

12 (1) Where the penalty prescribed for an offence includes a fine of more than $1,000 or imprisonment and a proceeding is commenced under this Part, the provision for fine or imprisonment does not apply and in lieu thereof the offence is punishable by a fine of not more than the maximum fine prescribed for the offence or $1,000, whichever is the lesser.

The police or enforcement officer completes the PON either electronically or by hand. The officer serves the PON upon the defendant and then files it with the court within seven days of the alleged offence.

The defendant has 4 options when they receive a PON:

1. Plea of Guilty - Payment out of Court (POA section 8

2. Plead Guilty with Submissions to Penalty (POA section 7)

3. Request an Early Resolution Meeting (POA section 5.1)

4. Trial Option (POA section 5)

These options are to be chosen within 15 days of the offence date.

Service of the Certificate of Offence

Service

3(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred.  

Certificate of service

(5) Where service is made by the provincial offences officer who issued the certificate of offence, the officer shall certify on the certificate of offence that he or she personally served the offence notice or summons on the person charged and the date of service.  

Affidavit of service

(6) Where service is made by a person other than the provincial offences officer who issued the certificate of offence, he or she shall complete an affidavit of service in the prescribed form.  

Certificate as evidence

(7) A certificate of service of an offence notice or summons purporting to be signed by the provincial offences officer issuing it or an affidavit of service under subsection (6) shall be received in evidence and is proof of personal service in the absence of evidence to the contrary.  

Officer not to act as agent

(8) The provincial offences officer who serves an offence notice or summons under this section shall not receive payment of any money in respect of a fine, or receive the offence notice for delivery to the court.

Filing of certificate of offence

4 A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 

If a PON is not completed properly it can render the offence invalid, but minor errors such as an incorrect spelling of the defendant's name can be amended and do not render the certificate a nullity.

See POA section 9 and Ontario Regulation 472/21.