Ontario Highway Traffic Act

Section 3(2) of the POA allows a provincial offences officer to issue a certificate of offence and either an offence notice or a summons.


Issuance and service

(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing, a certificate of offence certifying that an offence ...

The government might think they can just start issuing a summons under Part I of the POA until they manage to produce some valid offence notices.

But no siree Bob.

A summons under Part I of the POA can ONLY [/u] be issued when no set fine for the offence is in play.

A summons does not provide the space for the set fine to be set out on the ...

To slam dunk this case for my people, parking infractions under Part II of the POA also allow you to settle out of court by paying the set fine. [/u]



http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK22

Payment out of court

16. A defendant who does not wish to dispute the charge may deliver the notice and amount ...

The image below is a notice of offence for non-prescribed parts of Ontario.

It's from Form 3.

Prescribed parts of Ontario use Form 4, but the instructions on Form 4 are the same as on Form 3.

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900950_e.htm

The offence notices say you must pay the total payable to settle out of court ...

If a road sign is not an official road sign prescribed by a provision of the sign Regulation then it is an invalid sign.

Drivers can ignore invalid signs and never be charged for ignoring them.

Under s. 10 of the sign regulation, when all approaches to an intersection are controlled by stop signs, an All-Way tab sign may [/u] be appended to the ...

Since this is an "emergency vehicle" issue I posted it in this section.

How often do you see police cars, fire trunks and ambulances with lights and sirens on blowing through red lights at intersections?

Often.

And I think they should be allowed too as long as they're on a call and blow the light when its clearly safe to do so.

Under s. 144.1 ...

Yesterday morning I committed my first stunt driving offence.

Or did I?

Five lane highways are under construction (two lanes in each direction and a centre turning lane) and the roadway is reduced to one lane going in each direction.

I am stopped at the traffic lights with my left signal light on.

There is a mile of traffic behind me and a ...

I don't do this stuff for a livng, I do for fun. I used to some labour law and got into the HTA POA stuff when the stunt law was passed. It amazes me how on a first read of any given HTA matter I seem to find major problems and holes in the flawed system. I find it odd that lawyers, JPS and Justices have not found these flaws before.

A few days ...

Every ticket issued in Ontario that carries a set fine is invalid.

POA s. 8 allows you to settle out of court by paying the set fine.

However, the ticket you were issued informs you that you must pay the total payable.

The total payable includes two additional fines.

One for court costs and one for a victim surcharge.

Both are considered ...

I think it would be helpful for your readers and improve the site if you add three things.

A section for Rules Of The Ontario Court In Provincial Offences Proceedings.

A section for Rules of the Court of Appeal in Appeals Under the Provincial Offences Act.

And the HTA set fine amounts for Part I of the POA.

I do not believe a link should be ...

Thanks for the welcome bakc message, Bookm.

Whoever informed you that there are no prescribed parts of Ontario is incorrect.


As I mentioned above the court cost fine and victim surcharge fine are created by the Lieutenant Governor in Council. Section 60(3) and 60.1 (2) evidence they are fines.

Costs

Fixed costs on conviction

60. (1) Upon ...

http://www.canlii.org/eliisa/highlight.do?text=rules+of+court&language=en&searchTitle=Ontario&path=/en/on/laws/regu/rro-1990-reg-200/latest/rro-1990-reg-200.html

4. The following apply to the calculation of a period of time prescribed by the Act, section 205.7 or 205.19 of the Highway Traffic Act, these rules or an order of a court:

1. The time ...

I'm sure they will. But the question is: the POA regualtion doesn't provide for Part III summons; so are the Part III summons they're handing out all bogus; just like their Offence Notices are?

And if they are legit summones, is the proper legal procedure being followed when they issue a Part III summons?

I just found this though.

http://www.e ...

You may be right. Each city will draft its own by-law and no two city by0laws will be the same, so you'd have to check you city by-law.

Nonetheless, in the case of the OP, the building already allows two motor vehicles to park in one parking space so they cannot deny the OP from doing the same just because their two motor vehicles are two smart ...

Where do I find a copy of a POA Part III summons?

The regualtion only shows a Part I summons.

Or is a Part I summons also used for Part III?