PROVINCIAL OFFENCES & BY-LAWS
What is the Provincial Offences Act?
Ontario's Provincial Offences Act (POA) sets out the rules for the prosecution of
offences specified under provincial legislation and associated regulations, including the enforcement of municipal by-laws. All POA cases are heard before the Ontario Court of Justice.
What counts as a Provincial Offence?
A wide range of matters fall under the category of "provincial offence" as defined by the POA. Provincial offences get established through a law or regulation passed by a provincial or municipal authority, and include common legal matters like Highway Traffic Act (HTA) offences.
Here are some other provincial offences subject to POA proceedings:
- Offences under various environmental laws and regulations
- Charges under the Dog Owners' Liability Act, like permitting a dog to run loose
- Violations of the Fish and Wildlife Conservation Act, like fishing without a license
- Violations of the Liquor License Act, like having an open container of alcohol in public
- Violations of the Smoke Free Ontario Act, like smoking in a prohibited area
- Charges under the Trespass to Property Act
What are municipal by-law offences?
Municipal by-laws are rules passed by Ontario's municipal governments that deal mainly with property, business, and zoning concerns. By-law cases are POA offences heard in the Ontario Court of Justice.
Here are some examples of municipal by-law issues:
- Failing to adequately maintain a property
- Unlawfully cutting down trees or removing vegetation
- Renovating or constructing without proper permits or zoning approval
- Operating a business without proper permits or zoning approval
- Erecting signage without proper permits
- Violations of residential noise laws or the use of machinery outside permitted hours
Why should I hire a paralegal for my Provincial Offence or By-Law issue?
A paralegal can help you develop a defense strategy for your POA or By-Law matter, which can include identifying errors on your offence notice or exceptional circumstances which may make the notice contestable.
At David Borrie Paralegal Services, we have represented clients n POA and By-Law matters in numerous municipal jurisdictions. We'll zealously advocate your interests, negotiating with Town or City authorities to resolve the matter at lowest cost to you. Call us today for a free consultation.