Notice to Defendants 

All in-person Provincial Offences Act (POA) matters scheduled from Monday, March 16, 2020 through to and including Friday, October 16, 2020 will be adjourned and rescheduled to a later date. If you have a matter scheduled during this time, do not attend court.

As per the order issued September 10, 2020 by the Ontario Court of Justice please be advised that the time lines to exercise one of the three options listed on the back of your Certificate of Offence/Ticket have been extended to December 1, 2020. If you do not exercise one of the three options on the back of your ticket by this date, you will be subject to a conviction in your absence and additional penalties.

Defendant's Options 
 

If you receive a ticket, you must choose one of the three options listed on the back of your ticket within 15 days. If you fail to respond to the charge, you may be convicted in your absence.  Upon conviction, additional costs will be applied. Once you have been convicted it is too late to choose any of the options indicated on the back of the ticket.

 

Option 1 – Plea of guilty – Payment of total fine

 

By choosing this option you are admitting that you are guilty and you must pay the total payable at the bottom of your ticket. You can pay the fine online (link), by mail or in person at any Provincial Offences Court location. Cheques should be made payable to the City of Temiskaming Shores.

 

Option 2 – Plea of guilty – Submission as to Penalty

 

At this time no walk-ins are permitted. If you wish to exercise this option please contact the Court Office.

 

Note that you can only ask the Justice of the Peace to lower the amount of the fine payable or for additional time to pay. It is up to the Justice to decide if they will grant the request.

 

It is important to understand that a Justice of the Peace cannot remove or reduce demerit points and cannot reduce the charge. Demerit points are applied by the Ministry of Transportation upon conviction and the court cannot change the demerit points to be applied. More information on the demerit point system can be obtained from the Ministry of Transportation.

 

https://www.ontario.ca/page/understanding-demerit-points

 

Option 3 – Trial Option (Not Guilty)

 

If you believe you are not guilty of the charge noted on your ticket, you must sign the back of your ticket under option 3 and mail or deliver to the address on the back of the ticket.  Make sure to keep a copy of your ticket for your records. You will be notified of your upcoming trial date by mail or via email if this is your preferred method.  Notify the court office of any change in address so that your trial notice goes to the proper address.  If you do not receive a notice of trial in 5 to 6 weeks, contact the court office to confirm the status.

 

  • Interpreter
    • 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.

 

Summons:

If you receive a summons, you or someone on your behalf must attend court at the time and place shown on the summons.  If you or someone on your behalf does not attend the scheduled court date, it is your responsibility to find out from the Court Office what happened, including whether a trial date was set and for what date.

 

Note: Court administration staff cannot provide legal advice on how you should proceed.  If you are unable to make a choice from the three options listed, you may wish to get advice from a lawyer or a licensed paralegal.

Ticket Payment

How can I pay my ticket?

 

Online payment:

 

Pay online using Visa or Mastercard.

 

Pay Ticket Online

 

In Person Payment

 

Visit our office at:

 

325 Farr Drive, Haileybury, ON

 

Or attend any Provincial Offences Court in Ontario to pay in person.

 

Provincial Offences Act fines may be paid using the following methods:

 

  • Cash
  • Cheque (Made payable to the City of Temiskaming Shores)
  • Debit
  • Visa
  • Mastercard

 

Mail Payment

 

Accepted payment methods are Visa, Mastercard, Money Order or Cheque.

 

To pay by credit card, please fill out the payment notice and return by mail, fax or email to the appropriate court location.

 

When making payment include the blue copy of the offence notice, or indicate the ticket number which appears on the top right of the ticket.

 

Note:  Dishonored cheques will be subject to a $40.00 administrative charge.

Trials 

If I want to represent myself at trial, what is the trial process?

 

The Ontario court of Justice has developed a Guide for Defendants in Provincial Offences Cases. (link)  The Guide provides defendants with general information about the court process for Provincial Offences cases.  It does not cover every circumstance that might arise in your case.

 

On your trial date, you may be asked by the Justice of the Peace whether you have sought independent legal advice, whether you have requested disclosure, and whether you understand the trial process.


What happens if I am found guilty?

A conviction will be registered with the Court and you will be sentenced.  Your sentence could include a fine, probation, court order, licence suspension, imprisonment or any combination thereof.


If I am found guilty, will I receive any notification in the mail?

You should receive a document entitled “Notice of Fine and Due Date”.  However, if you do not receive this document, you are still responsible to pay the fine within the time period granted by the Justice of the Peace.


What happens if I cannot attend my trial date or miss it?

You or your agent must attend at the court office shown on the trial notice well in advance of the trial date to complete a Notice of Motion requesting a change of the trial date.  The court may grant or refuse your adjournment request.

 

If you cannot attend court on your trial date you cannot bring a motion before the trial date as a result of a last-minute emergency, you may send someone to the court on your trial ate in order to request a new trial date.  The court may or may not grant a change of trial date.

 

If you miss your trial date, the Justice of the Peace may convict you in your absence.  You can apply to have your conviction struck out and a new trial scheduled.

 

  • If you were initially given an Offence Notice (ticket) you may attend at the court office and complete re-opening papers within 15 days of becoming aware of the conviction.  The application will be reviewed by a Justice of the Peace who will consider the reasons for your failure to appear at trial.  The re-opening may or may not be granted.

 

  • If you were served with a Summons (as opposed to an Offence Notice), the trial may take place in your absence or a new trial date may be selected without further notice to you after which you may be convicted in your absence.  You may appeal the conviction.

 

Can I change my mind and plead guilty after the trial is set?

Yes.  You can give up your right to a trial and plead guilty at any time before the trial date.  You can pay your ticket online up to three days before the trial date or in person at any Provincial Offences Court in Ontario.

Disclosure Request 

You have the right to obtain officer’s notes and any other relevant evidence involving the charge against you, also known as disclosure, to help you prepare for your trial.  Once you have received your trial notice, you can request disclosure through the prosecutor using the email address provided with your notice of trial.

 

It is imperative that your request provides details such as your name, the offence number, the date of the offence and your scheduled trial date.  Once it is available, the prosecutor will forward the disclosure.

 
Appealing a Conviction or Sentence 
 

How do I file an appeal?

You have the right to appeal any Provincial Offence’s court conviction sentence, or both, within 30 days of the conviction and sentence date.

 

If you were fined as part of your sentence, you will have to pay the fine into court before you will be allowed to file your Notice of Appeal.  Keep your receipt of fine payment because the appeal court office may require proof that you have paid your fine.

 

The first step to start the appeal process is to complete and file a form called a Notice of Appeal.  The Notice of Appeal form is available at the court office.

 

If you do not file a Notice of appeal within 30 days, you must get judicial permission to file the Notice of Appeal.  To ask for judicial permission, compete and file a form called Application for Extension of Time to Appeal.  You can get this application from the court office.

Collections 

What happens if I don’t pay my fine?

Failure to pay your court ordered fine (including all costs and the Victim Fine Surcharge) within the time ordered by court will result in your fine going into default.  Default fines are subject to additional fees and a variety of enforcement tools, regardless of the age of the fine.

 

Failure to pay the fine on time could result in:

  • Additional court and administrative costs
  • Inability to renew your licence plate sticker or your driver’s licence until the outstanding debt is paid
  • Suspension of your driver’s licence
  • Licence plate denial
  • Notification to a credit reporting agency of the outstanding debt which may impact your credit

 

If the ticket is past due, please call the Provincial Offences Court Office at 705-672-3221 or email poa@temiskamingshores.ca to confirm amount due and discuss payment options.

 
Provincial Offence Forms 
 
Forms
Form Name Description
Replacement of Missing Offence Notice (POA0831) This form is used when you have lost or misplaced your ticket.  If you wish to proceed to trial fill out option #3 and file in person, by email or by mail.
Motion for Extension of Time to Pay Fine (POA0809) Use this form to request more time to pay your fine.  The Extension - Application Information Sheet must also be completed.
Extension – Application Information Sheet This form must accompany the Motion for Extension of Time to Pay Fine (POA0809).
Record of Reopening Application (POA0819) If you missed your trial date you may apply to the court to reopen the case.  This form must be accompanied by the Affidavit in Support of a Request for Reopening (POA0801)
Affidavit in Support of a Request for Reopening (POA0801) If you missed your trial date you may apply to the court to reopen the case.  The Record of Reopening Application (POA0819) must accompany this form.
Notice of Motion (POA0007) Please use if you want to bring an application before the court.  Please file well in advance of your court date.  A General form for Affidavit (POA0006) must accompany this form.
General Form for Affidavit A written statement that must accompany the Notice of Motion (POA0007)

Guide to Defendants in Provincial Offences Cases

 

Guide pour les défendeurs dans les causes liées aux infractions provincials

The Guide provides defendants with general information about the court process for Provincial Offences cases.  It does not cover every circumstance that might arise in your case.

Facts and Questions
 

Can I pay my ticket in Kirkland Lake?

No.  The administrative office is in the City of Temiskaming Shores.  All inquiries and payments must be made at the Provincial Offences Court Office:

 

PO Box 2050

325 Farr Drive

Haileybury, ON

P0J 1K0

705-672-3221

poa@temiskamingshores.ca 

 

If you receive a ticket in Kirkland Lake jurisdiction and request a trial, your trial will be held in Kirkland Lake.

 

What are Provincial offences?

Provincial offences are non-criminal charges, primarily laid by police agencies and other provincial offence officers.  These include charges as follows:

 

-       Highway Traffic Act;

-       Compulsory Automobile Insurance Act;

-       Liquor Licence Act;

-       By-law charges, including parking tickets;

-       Dog Owners Liability;

-       Trespass to Property Act;

 

Including as well all charges laid by the Ministry of Natural Resources, Ministry of Labour, Ministry of Environment, Ministry of Transportation, Ministry of Health, Workplace Safety and Insurance Board and others.

 

How many demerit points do I have?

 

Demerit points are controlled by the Ministry of Transportation. The Provincial Offences Court is only concerned with the administration of justice and has no control over demerit points.  For driver and vehicle information, you should contact your local Ministry of Transportation office at 416-235-2999 or 1-800-387-3445.

 

What if I need more time to pay my fine?

 

If you need more time to pay a Provincial Offences fine, you need to make an application for an extension of time to pay the fine. The forms are available at any Provincial Offences Court Office or under the Provincial Offence Forms drop down menu.  You will need to indicate a specific date that you would like the fine extended to. For larger fines, the Justice of the Peace will require you to indicate your proposed payment plan. Once the forms are completed you must return them to the Provincial Offences Office at which time they will be submitted to the Justice of the Peace for decision.

 

My driver’s licence has been suspended.  What do I do now?

 

If you have received notification that your driver’s licence has been suspended due to unpaid fines, please contact your local Provincial Offences Court Office.

 

The unpaid fine will have to be paid in full in order to reinstate your licence.  In order to expedite the process, you may pay for the fines in full at the Ministry of Transportation (Driver and Vehicle Licence Issuing Office). You will also be required to pay the reinstatement fee imposed by the Ministry of Transportation. 

 

Should you choose to pay the fine at a Provincial Offences Court Office there will be a delay in the lifting of the suspension and you will also have to attend the Ministry office to pay for the reinstatement fee. If you pay your fine and not the reinstatement fee, you will remain under suspension.  If you drive, you could subject yourself to a driving while under suspension charge.

 

What is the victim fine surcharge (VFS) indicated on my ticket?

 

The Provincial Government adds a victim surcharge to every fine, excluding parking tickets, imposed under the Provincial Offences Act. The proceeds of the Victim Fine Surcharge fund are used by the Province to maintain and expand services to victims of crime.

Contact Us 

Monday to Friday

8:30am to 4:30pm (closed between 12:00 to 1:00pm)

 

Provincial Offences Court Office

325 Farr Drive

PO Box 2050

Haileybury, ON

P0J 1K0

 

Telephone:  705-672-3221

Fax: 705-672-3200

poa@temiskamingshores.ca 

 

  

Check the Status of Traffic Tickets and Fines Online

This new online service makes it easier for members of the public to find information about Provincial Offences Act Part 1 and Part 3 matters. The search tool allows you to look up the status of a case and basic information including:

  • How much you owe
  • Where and when a trial is scheduled.

Before you search for a ticket make sure you have the location code and offence number printed on your ticket or notice.

If you've received a "summons" (an order to appear in front of a judge) you will need the case number. If you do not have this information, or you've lost your ticket, contact the court office in the jurisdiction where your ticket or fine was issued.

Online Lookup Tool