Defending Charges:

Question:How does a provincial offence case work in Ontario if it is not a criminal charge?

Answer:In Ontario, provincial offences are quasi-criminal, regulatory matters prosecuted by the state’s prosecutor, and a conviction does not create a criminal record, but the penalties can still be serious depending on the offence and circumstances.   The process is guided by the Provincial Offences Act, R.S.O. 1990, c. P.33, and the Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings, R.R.O. 1990, Reg. 200, with procedural steps that can affect disclosure, timelines, and how best to respond.   If you’re facing a provincial offence allegation, Legacy Legal Services can help legal professionals and consumers understand the process and build a defence strategy tailored to Ontario practice, call (226) 246-3825.

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Provincial Offence Allegations as Being Charges Considered as Quasi-Criminal Matters

Provincial offences are quasi-crimes or regulatory offences in that they are violation of laws enacted to regulate individual conduct for the protection of society as a whole and they are prosecuted by a Prosecutor as an agent of the state, meaning as a representative of the people; however, unlike criminal offences, upon conviction of a provincial offence a person avoids establishing a criminal record.  With this said, although conviction for a provincial offence fails to establish a criminal record, the consequences for conviction of a provincial offence may still carry heavy penalties and consequences for the convicted person.

Note: Please contact Legacy Legal Services by phone at: (226) 246-3825 to discuss any specific questions that you may have.

The Provincial Offences Act, R.S.O. 1990, c. P.33, as well as the Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings, R.R.O. 1990, Reg. 200, provide the procedural law that guides the process by which offences within numerous substantive law statutes are prosecuted.  The range in matters falling under the purview of provincial offences is very broad.  Concerns involving provincial offences include: