O. Reg. 108/11: Forms


Published: 2011-03-31

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Français

ontario regulation 108/11

made under the

provincial offences act

Made: March 31, 2011
Filed: March 31, 2011
Published on e-Laws: April 4, 2011
Printed in The Ontario Gazette: April 16, 2011


forms

Forms

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. 


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.

(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. 

Offence notice

3. (1) An offence notice shall be in Form 3. 

(2) Despite subsection (1), an offence notice shall be in Form 4 in those parts of Ontario designated for the purposes of section 5.1 of the Act. 

(3) Despite subsections (1) and (2), an offence notice issued in proceedings based on evidence obtained through the use of a red light camera system shall be in Form 5. 

(4) Despite subsections (1), (2) and (3), an offence notice issued in proceedings based on evidence obtained through the use of a red light camera system shall be in Form 6 in those parts of Ontario designated for the purposes of section 5.1 of the Act. 

Summons under Part I of Act

4. A summons under Part I of the Act shall be in Form 7. 

Notice of intention to appear

5. A notice of intention to appear shall be in Form 8 in those parts of Ontario designated for the purposes of section 5.1 of the Act.

Notice of trial under Part I of Act

6. A notice of trial under Part I of the Act shall be in Form 9. 

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.

(2) Section 1 does not apply to the form referred to in subsection (1). 

Notice of fine and due date

8. A notice of fine and due date shall be in Form 10. 

Parking Infractions (Part II of the Act)

Certificate of parking infraction

9. A certificate of parking infraction shall be in Form 11. 

Parking infraction notice

10. (1) A parking infraction notice shall be in Form 12.

(2) Despite subsection (1), a parking infraction notice shall be in Form 13 in those municipalities designated for the purposes of section 17.1 of the Act. 

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. 

Notice of intention to appear

12. A notice of intention to appear shall be in Form 8 in those municipalities designated for the purposes of section 17.1 of the Act. 

Notice of trial under Part II of Act

13. A notice of trial under Part II of the Act shall be in Form 9. 

Notice of impending conviction, certificate requesting a conviction

14. (1) A notice of impending conviction shall be in Form 14. 

(2) Despite subsection (1), a notice of impending conviction shall be in Form 15 in those municipalities designated for the purposes of section 17.1 of the Act.

(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. 

(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. 

(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. 

(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. 

(7) A facsimile signature of a person mentioned in subsection (4), (5) or (6) is sufficient authentication of a certificate requesting a conviction. 

Notice of fine and due date

15. A notice of fine and due date shall be in Form 17. 

Amendments

16. (1) Subsection 3 (2) of this Regulation is amended by striking out “designated for the purposes of section 5.1 of the Act” and substituting “where the offence notice requires the notice of intention to appear to be filed in person”. 

(2) Subsection 3 (4) of this Regulation is amended by striking out “designated for the purposes of section 5.1 of the Act” and substituting “where the offence notice requires the notice of intention to appear to be filed in person”.

(3) This Regulation is amended by adding the following sections:

Early resolution meeting notice (in person)

4.1 An early resolution meeting notice (in person) shall be in Form 7.1. 

Early resolution meeting notice (electronic method)

4.2 An early resolution meeting notice (electronic method) shall be in Form 7.2.

Early resolution outcome form (joint submission)

4.3 An early resolution outcome form (joint submission) shall be in Form 7.3. 

(4) Section 5 of this Regulation is amended by striking out “designated for the purposes of section 5.1 of the Act” and substituting “where the offence notice requires the notice of intention to appear to be filed in person”.

(5) Subsection 10 (2) of this Regulation is amended by striking out “designated for the purposes of section 17.1 of the Act” and substituting “where the parking infraction notice requires the notice of intention to appear to be filed in person”. 

(6) Section 12 of this Regulation is amended by striking out “designated for the purposes of section 17.1 of the Act” and substituting “where the parking infraction notice requires the notice of intention to appear to be filed in person”.

(7) Subsection 14 (2) of this Regulation is amended by striking out “designated for the purposes of section 17.1 of the Act” and substituting “where the parking infraction notice requires the notice of intention to appear to be filed in person”.

(8) The Table of Forms to this Regulation is amended by striking out,

 


4


Offence Notice / Avis d’infraction


March 17, 2011



. . . . .

 


6


Red Light Camera System Offence Notice / Avis d’infraction — système photographique relié aux feux rouges


March 17, 2011



and substituting the following:

 


4


Offence Notice / Avis d’infraction


March 22, 2011



. . . . .

 


6


Red Light Camera System Offence Notice / Avis d’infraction — système photographique relié aux feux rouges


March 22, 2011



(9) The Table of Forms to this Regulation is amended by adding the following: 

 


7.1


Early Resolution Meeting Notice (In Person) / Avis de rencontre pour règlement rapide (en personne)


March 23, 2011




7.2


Early Resolution Meeting Notice (Electronic Method) / Avis de rencontre pour règlement rapide (par moyen électronique)


March 23, 2011




7.3


Early Resolution Outcome Form (Joint Submission) / Entente de règlement rapide (soumission conjointe)


March 22, 2011




Commencement

17. (1) Subject to subsections (2), (3), (4), (5) and (6), this Regulation comes into force on the day it is filed.

(2) Sections 1 to 8 come into force on the later of the day subsection 7 (4) of Schedule 1 to the Good Government Act, 2011 comes into force and the day this Regulation is filed.

(3) Sections 9 to 15 come into force on the later of the day subsection 7 (8) of Schedule 1 to the Good Government Act, 2011 comes into force and the day this Regulation is filed.

(4) Subsections 16 (1), (2), (3), (4), (8) and (9) come into force on the latest of,

(a) the day subsection 1 (6) of Schedule 4 to the Good Government Act, 2009 comes into force;

(b) the day subsection 7 (4) of Schedule 1 to the Good Government Act, 2011 comes into force; and

(c) the day this Regulation is filed.

(5) Subsections 16 (5), (6) and (7) come into force on the latest of,

(a) the day subsection 1 (22) of Schedule 4 to the Good Government Act, 2009 comes into force;

(b) the day subsection 7 (8) of Schedule 1 to the Good Government Act, 2011 comes into force; and

(c) the day this Regulation is filed.

Table of Forms
(See section 1)


Form Number


Form Name


Date of Form




1


Certificate of Offence / Procès-verbal d’infraction


March 17, 2011




2


Red Light Camera System Certificate of Offence / Procès-verbal d’infraction — système photographique relié aux feux rouges


March 17, 2011




3


Offence Notice / Avis d’infraction


March 17, 2011




4


Offence Notice / Avis d’infraction


March 17, 2011




5


Red Light Camera System Offence Notice / Avis d’infraction — système photographique relié aux feux rouges


March 17, 2011




6


Red Light Camera System Offence Notice / Avis d’infraction — système photographique relié aux feux rouges


March 17, 2011




7


Summons / Assignation


March 17, 2011




8


Notice of Intention to Appear / Avis d’intention de comparaître


March 17, 2011




9


Notice of Trial / Avis de procès


March 17, 2011




10


Notice of Fine and Due Date / Avis d’amende et date d’échéance


March 17, 2011




11


Certificate of Parking Infraction / Procès-verbal d’infraction de stationnement


March 17, 2011




12


Parking Infraction Notice / Avis d’infraction de stationnement


March 17, 2011




13


Parking Infraction Notice / Avis d’infraction de stationnement


March 17, 2011




14


Notice of Impending Conviction / Avis de déclaration de culpabilité imminente


March 17, 2011




15


Notice of Impending Conviction / Avis de déclaration de culpabilité imminente


March 17, 2011




16


Certificate Requesting Conviction / Certificat de demande de déclaration de culpabilité


March 17, 2011




17


Notice of Fine and Due Date / Avis d’amende et date d’échéance


March 17, 2011




Made by:
Pris par :

Le procureur général,

Christopher Bentley

Attorney General

Date made: March 31, 2011.
Pris le : 31 mars 2011.

 

Français