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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?

If you get a ticket and settle out of court by paying the ticket without proceeding to trial, no points can be added to your driving record.

Read my Dermit Point Scam thread.

You get a ticket for having no documents.

You later the same day find the document is the car.

Days or weeks later you pay the fines despite knowing you had found the documents in the car.

Can you appeal or get a new trial?


Maybe but you won't win.

You did not produce the documents when demand by the officer.

That's what matters, in my ...

You did not and cannot post an Act that allows a city to issue tickets on private property.

Section 100 and 100.1 of the Municpal Act come close but in my view don't apply.

First, is a parking area within a condo considered "land"?

A condo is also not a parking lot within the meaning of s. 100, it is a condo that also provides parking spaces ...

The French Services Language Act requires ALL communications be in both languages regardless of whether or not you actually speak both languages.

All communications includes the cop speaking to you in both languages, the street and speed limit signs must be in both languages, and any text the cop adds to the ticket must be in both languages.

You ...

Section 8 of the POA states you only have to pay the set fine to settle out of court without a trial. Yes, it will affect your driving record because points are involved. You insurance might go up as well.

But the offence notice you have been issues is completely bogus.

Read it.

It says you must pay the total payable.

The total payable ...

Read the thread titled "Even More Ontario Government Corruption"

You can find it in the general section and just a few threads below this one were typing in right now.

Go notify the MTO of the laser surgery. If they are satisfied that you no longer need to wear glasses than you will not be convicted of the glasses charge...maybe.

But maybe because you didn't notify them prior to the charge the charge might stick, I'm not sure.

Maybe others have dealt with similar matters and know for sure.

As for your ...

According to the FLSA the County of Frontenac and City of Kingston
are on th list. Scroll down on this link and you're see for yourself.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f32_e.htm

The city will have passed a by-law so request a certified copy of it in your disclosure request to the crown.

Even if the city ...

The cop had the discretion to reduce the ticket. He didn't do so which tells me he falisified the speed up to get a higher fine. The ticket has a spot where the cop checks it off or adds a code to indicate he has reduced the speed, so the judge will see that the cop did not reduce the speed. The cop is not required to reduce the speed and you can ...

Have no fear the Greatest Canadian is here.

You still might be convicted though.

The trunks were doing 60kph in a 80 zone. That's not unsafe.

TCs website that you read is fan-ticket-tastic. Read it a few times.

What city did you get the ticket in?

You say near Lyndhurst , I have no clue where that is. Where is the courthouse you have to ...

While this JP got part of the decision correct he also makes some silly claims.

He alledges no hearing or appeal is available for the licence suspension. Clearly, as pointed out in my message above, a licence suspension is appealable under HTA s. 50.

Section 172 (13) also articulates one can appeal to the ordinary courts.

This JP claims that ...

What has also been overlooked is the fact that the court already determined that no person shall drive a motor vehicle on a highway in a race ... or contest, ... while performing a stunt ... or on a bet or wager.

The s. 172 regulation states that professional street racing events are not subject to the regualtion relating to race or stunt. The ...

The government is appealing the decision. Being the leading expert on this law and the Greatest Canadian, I was thinking of intervening in the case Amicus Curiae, but I don't think I have time.

I'm proud to be the first person to state speeding was a absolute liabity offence and a term of imprisonment attached to the offence made it ...

Another interesting case.

R. v. Bryce, 2009

http://www.canlii.org/en/on/onsc/doc/2009/2009canlii45842/2009canlii45842.html


I disagree that disabled parking spaces on private property can be enforced.

Every city by-law might be worded differently but s. 10 of HTA regulation 581 only applies to Crown land. There is no mention of private ...

Under what Act are you suggesting the city can issue parking tickets on private property?

The only control a city has over private owned parking lots or facilities is under the disabled parking spaces.

And despite what the court has already stated regarding disabled spaces, I disagree with them. A city can require so many spaces be for the ...