What are provincial offences?
Provincial offences are non-criminal charges, primarily laid by the police, including those committed under the following:
Most provincial offence charges result in out-of-court fine payments. Citizens issued with provincial offence tickets should read them carefully for a complete list of their payment and trial options.
What are the different types of provincial offence notices?
There are three different types of provincial offences notices:
- Part I notice is a ticket that is issued to an individual usually at the time of the offence.
- Part II notice is a parking infraction.
- Part III notice is a summons to attend a court date.
Who can give out provincial offences notices or tickets?
There are a number of different types of charges under the
Provincial Offences Act. There are many enforcement agencies in Chatham-Kent, who can issue you a ticket, including:
- Chatham-Kent By-law Enforcement
- Chatham-Kent Fire Department
- Chatham-Kent Police Service
- Ontario Provincial Police
- Ministry of Transportation
- Ministry of Environment
- Ministry of Labour
- Ministry of Natural Resources
- Ministry of Health
- Workplace Safety and Insurance Board
- Canadian National Rail Police
- Canadian Pacific Rail Police
How many days do I have to respond once I receive a provincial offences ticket?
Once given a Part I ticket with a fine amount indicated at the bottom of the ticket, you must choose one of the three options explained on the back of the ticket within 15 days of receiving the ticket.
Option 1 - plead guilty - payment out of court
Admit guilt by paying the "total payable" amount indicated at the bottom of the ticket.
Payments can be made online at
www.paytickets.ca.
Option 2 - plead guilty with an explanation
Plead guilty and you explain your financial ability to pay the fine to the Justice of the Peace. He/she may be able to lower the fine amount depending upon the nature of the charge or give you more time to pay the fine. Option 2 is also called a "walk-in guilty plea" and can only be done on the days and times that are shown on the back of your ticket. Please bring your ticket with you. When choosing this option, please note that the Justice of the Peace cannot reduce the charge, e.g., a speeding charge of 20 kilometres over the limit cannot be reduced to 15 kilometres and he/she cannot remove or reduce the demerit points to be applied. Demerit points are applied by the Ministry of Transportation.
Option 3 - trial option
This is your notice of intention to appear in court. If you wish to plead not guilty or plead guilty to a lesser charge, you will need to sign your name under Option 3 on the back of your yellow Provincial Offences Notice (PON) and verify your address shown on the front. You must indicate in which language you wish the trial to be held or if you will need an interpreter. You can either bring your PON to our office or mail it to us. Do not wait too long to send it in or you will be automatically convicted before we receive it. If your address is different than on the ticket or will be in the next few weeks then you must notify us so that your Notice of Trial will go to the proper address. If an agent is representing you at trial, you must authorize the court, in writing, to mail the Notice of Trial to the representative.
The Trial Coordinator will send you a Notice of Trial in the mail, usually 6-8 weeks after we receive your request for trial. If you do not receive a trial notice within this period, please contact the Trial Coordinator at 519-352-8484 x 4007. You may choose to hire a lawyer or paralegal to represent you at this trial or you may choose to represent yourself. If you do not appear in person at your trial, you will be deemed not to dispute the charge and will be sentenced in your absence. Court costs will apply.
If you receive a ticket (Part I or Part III) with a court date written at the bottom of the ticket (summons to court) and there is no fine amount, you must appear in person in court on the date and time shown. If you do not appear, a trial will be scheduled to proceed without you or a warrant could be issued for your arrest.
What if I need more time to pay my fine?
Once your ticket is convicted and if you need more time to pay the fine, you may fill out a form for an extension of time to pay. This form is available at any provincial offences office in Ontario.
I can't make my trial date. How do I reschedule?
If you cannot attend your trial date, at least two weeks before the trial date, you need to file a motion to change the date. You will need to fill out forms stating when you will attend to present your motion to the court and why you are unable to attend your original trial date. These forms are at our office.
I did not receive a notice of trial, but I requested one and just found out that I'm already convicted. Can I still have a trial?
You would need to file reopening documents to have the case reopened. You can obtain the proper forms under the 'Useful Links' or by contacting any provincial offence court office.
I don't agree with the outcome of my trial. How do I get a new one?
If you are dissatisfied with the outcome of your trial, you will need to complete the forms for Appeal. Appeals are NOT filed at this office. They are filed with the Ontario Court of Justice at the following address:
Chatham Courthouse, 425 Grand Ave W, Chatham, ON, N7M 6M8
The fine must be paid in full first. You will need to complete all necessary appeal forms (available at 425 Grand Ave W or at our office) and submit them to the Appeal Court within 15 days after you are convicted for Part I and Part II tickets or 30 days after you are convicted for a Part III summons. A Notice of Time and Place for your appeal hearing will be mailed to you.
Why has my parking ticket increased in cost?
If the ticket fine is not paid within 60 days, you are automatically convicted, a $16.00 cost is added to the fine and they are payable at the Chatham-Kent Provincial Offences Office or any Chatham-Kent Municipal Centre. If you fail to pay parking tickets, the Ministry of Transportation will deny your plate renewal until you do pay those tickets at the Provincial Offences Office. Your fine will now include another $40.00 fee (plate denial costs) in addition to the already increased fine.
I have a concern about receiving a parking ticket. Whom do I talk to about that?
Contact Customer Service by calling 519-360-1998 or email
ckinfo@chatham-kent.ca.
I just found out that my driver's license is suspended. Why? How do I get it back?
If you fail to pay a Part I or Part III fine by your due date, and you have not requested an extension of time to pay, your driver's license will be suspended and a $40.00 fee is added to your fine. The Ministry of Transportation will notify you of this suspension by a registered letter. In order to get your driver's license reinstated, you will first need to pay all fines that are holding it under suspension at any Provincial Offences Office. Take your receipt and go to any Driver and Vehicle License Issuing Office, show them the receipt and pay them the $198.00 reinstatement fee. Your license should be reinstated within 3-5 business days and you will receive it back in the mail. You should check with the Ministry of Transportation before you start driving.
Note: In Chatham-Kent, the applicable Driver and Vehicle License Issuing Office is located at
8-455 Grand Ave E Chatham
.
I'm from out of town but want to exercise Option #2 (Walk-In Guilty Plea) or Option #3 – Trial Option. Can I attend at the courthouse where I live?
No, the Province requires that all court options are dealt with in the jurisdiction where the offence occurred.
Why are there two amounts on my ticket?
At the bottom of every ticket, there are two different amounts shown, the set fine and the total payable. The total payable consists of the set fine, court costs and the Victim Fine Surcharge.
The set fine is ordered by the Chief Judge of the Ontario Court of Justice as an amount payable by the defendant in lieu of attending court to contest the charge.
Court costs are an amount to be paid by the defendant for the service of the offence notice and/or summons and upon conviction of an offence. The costs are authorized by Section 60 of the Provincial Offences Act and the amount is set by regulation.
The Victim Fine Surcharge is imposed by the Provincial government and is added to every fine imposed under the Provincial Offences Act. The amount of the Victim Fine Surcharge is variable and is based on the amount of the set fine. Proceeds from the surcharge are used to maintain and expand provincial services to victims of crime. The surcharge will be enforced in the same manner as a fine. When you send in your fine payment, send in the total payable amount.
Repercussions of Neglected Fines
It doesn't pay to neglect your responsibility of paying your fines. Ignoring them won't make them go away. Neglected fines can lead to more problems such as:
- additional court and administrative costs ($5.00 - $40.00) defaulted fines (collection agencies)
- credit problems (remains on your credit history for 7 years)
- license suspension ($198.00 reinstatement fee to Ministry of Transportation)
- plate denial costs ($40.00)
- collection, fees agency
