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EPA Offence Notice - Cannot find cited o. reg?
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PostPosted: Mon Jul 31, 2017 8:58 am 
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Joined: Mon Jul 31, 2017 8:17 am
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Hello,

I recently got two tickets cited under EPA act. That said, one of them I cannot seem to locate anywhere in the EPA regulations or the O. Reg. sited by the officer.

Officer wrote: Operates Vehicle - Visible emission of contaminant

Contrary to: O REG 353 Under the EPA, Sect. 4.

This ticket was given to me because the officer stuck his finger into my muffler (like inside the tail pipe), and showed me that his finger was dirty. The fine is $155.00 ($190 payable).

Any help would be greatly appreciated in helping me find this.


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Re: EPA Offence Notice - Cannot find cited o. reg?
PostPosted: Mon Jul 31, 2017 10:39 am 
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Joined: Fri Jun 16, 2017 6:52 pm
Posts: 72
Here is the Environmental Protection Act:
https://www.ontario.ca/laws/statute/90e19
At the top there is a TAB that says REGULATIONS, so you can click on that to see all the regualtions related to that act.

There is no Regulation 353 related to the EPA, so you can ignore this charge and not respond to it as the charge does not exist. This will force a fatal error. If you respond or if you advise them the charge is incorrect then they can fix it. If you ignore it, then one of two things will happen:
(1) JP will review the ticket and will notice the charge does not exist and ticket will be dropped.
(2) JP will review the ticket and will not notice the charge does not exist and you will be convicted. In this case you simply ask for an APPEAL (not a re-opening) and then you show up with your original copy of ticket and show appeal Judge that you were given a ticket for a charge that does not exist so you did not need to respond and it should have been dropped.

What is the second ticket for (wording and section)?

_________________
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


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Re: EPA Offence Notice - Cannot find cited o. reg?
PostPosted: Mon Jul 31, 2017 11:36 am 
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^^^ Much appreciate the response.

That is the site I used in attempt to find the Regulation as well.

When you say ignore the ticket, you mean don't do anything at all with it? Treat it as if I never got it?

2nd ticket is for O. Reg 361/98 of the EPA, that one I did find: https://www.ontario.ca/laws/regulation/980361#BK8

Here is the pic of the two tickets:

Image


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Re: EPA Offence Notice - Cannot find cited o. reg?
PostPosted: Mon Jul 31, 2017 12:01 pm 
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Posts: 72
Yes I mean completely ignore it and do nothing at all with it. This is the only way to force a fatal error because if you respond and go trial then they can amend/fix it. If you do not go to trial, then they can not amend it.

Also, the second ticket says 7(1)(b) but there is no 7(1)(b), only a 7(1)1 and a 7(1)2. In my opinion this second one is also incorrect and should be ignored to force a fatal error.
And out of curiosity, what emissions control equipment was not properly installed?

Do these tickets say SUMMONS at the top or do they say NOTICE OF OFFENCE at the top?

_________________
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


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Re: EPA Offence Notice - Cannot find cited o. reg?
PostPosted: Mon Jul 31, 2017 2:30 pm 
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Joined: Mon Jul 31, 2017 8:17 am
Posts: 4
Yes I did notice that as well (about the b vs 1/2 thing), would that actually be enough to force a fatal error on the 2nd ticket as well? That would be quite fantastic if so.

Valve cover breather hose was not connected at the time.

Tickets say OFFENCE NOTICE at the top.


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Re: EPA Offence Notice - Cannot find cited o. reg?
PostPosted: Mon Jul 31, 2017 3:24 pm 
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Joined: Fri Jun 16, 2017 6:52 pm
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OFFENCE NOTICE is good.

My opinion is that there is no charge of 7(1)(b) so therefore it is not a valid charge either.

_________________
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


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Re: EPA Offence Notice - Cannot find cited o. reg?
PostPosted: Mon Jul 31, 2017 4:11 pm 
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Joined: Mon Jul 31, 2017 8:17 am
Posts: 4
Thank you sir, I appreciate the opinions greatly.

I will be posting about my other two tickets shortly as well one for No Horn (even though I got it to work on the spot - it was intermittent), one for CHANGE LANE - NOT IN SAFETY (where he sited the HTA for improper signal 142 (1) but I did use my signal (always do)) would love to hear what your think about that since I don't see how that applies at all to be honest.

Cheers!


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