Frequently Asked Questions

1. I have received a ticket - what are my options?

As indicated on the back of your ticket, there are three options available to all defendants and there is a maximum of 30 days in which to choose an option:

Option 1: Pay the Fine - Plea of Guilty

Methods of payment available are:      

• Pay online using VISA or MasterCard
• Pay in person at a Provincial Offences Court anywhere in Ontario.  You can pay by cash, cheque, money order, debit, VISA, or MasterCard
• Mail.  You can pay by cheque, money order, VISA, or MasterCard

Additional information is available at Payment Methods.

Option 2: Early Resolution - Meet with Prosecutor

By choosing this option, you do not give up the right to a trial.  Instead, it allows you to request a meeting with the Prosecutor to discuss the possible resolution of the charge without the requirement to conduct a trial.

Additional information about selecting this option is available at Ticket Options.

Option 3: Trial - Plea of Not Guilty

If you choose this option, you or an agent must file a Notice of Intention to Appear (NIA) form in person at the Provincial Offences Court location indicated on the back of your ticket within 30 days of receiving the ticket.  Please make sure that you provide a current mailing address on the form.

Once the completed Notice of Intention to Appear form has been filed with the Provincial Offences Court, a trial date will be scheduled and mailed to you.  This usually takes two to four weeks from the date of filing. 

2.  Do I have an opportunity to meet with the Prosecutor to resolve my charge without going to trial?

You have the option of requesting an Early Resolution meeting with the Prosecutor to discuss your charge. The Investigating Officer will not be in attendance at this meeting. The Prosecutor will consider the circumstances of the offence, your driving record, and your ability to pay the fine.

As a result of this meeting, your matter may be resolved by way of a guilty plea to the original charge or to a reduced charge (if offered by the Prosecutor). If resolved, you and the Prosecutor will appear before the Justice of the Peace for a guilty plea. If you plead guilty, you will be found guilty, or if the matter cannot be resolved, your trial option will remain and you may set a trial date.

3.  How many days do I have to respond once I have received a ticket?

Please read and follow the instructions provided on the back of your ticket. You must choose an option within 30 days. 

4.  What happens if I don't do anything after I have received a ticket?

Once 30 days has passed, the charge will be placed on a Fail to Respond docket. A Justice of the Peace will review the offence notice and may convict you in absentia.

5.  I don't understand exactly what the charge means. How can I find out more information?

To find out more information about your charge, please go to the Ministry of the Attorney General website and select the "Current Consolidated Law" option.

6.  How many demerit points will I receive once I am convicted of this charge?

Only moving violations have demerit points attached to the conviction. These demerit points are determined and administered by the Ministry of Transportation. To find out more information about whether your charge carries any demerit points and the number of demerit points, please go to the Ministry of Transportation website and select the "Driver Licensing" option. 

7.  How can I find out about the current status of my driving record?

All driving record information is maintained and administered by the Ministry of Transportation. To find out how to receive a driving record abstract, please go to the Ministry of Transportation website and select the "Ministry Online Services" option. 

8.  After I receive my ticket, will the court forward any other notification? What if I do not receive this notification?

No. The ticket issued to you by the Officer is your formal notification that a charge has been laid and that you must choose an option within 30 days.

If an option is not selected within 30 days, a conviction notice (Notice of Fine and Due Date) will be sent to the address noted on your ticket upon conviction by the Justice of the Peace.

1.  How do I pay my fine?

Please check Payment Methods for a summary of the methods you can use to pay Provincial Offences Act fines.

2.  Why are there two amounts on my ticket?

One amount is the set fine and the second is the total payable. The total payable consists of the set fine, court costs, and the Victim Fine Surcharge.  The TOTAL PAYABLE is due to the Provincial Offences Court.

The set fine is ordered by the Chief Judge of the Ontario Court of Justice as the amount you must pay instead of attending court to contest the charge. Court costs are an amount you must pay for the service of the ticket and/or summons and upon conviction of an offence. The costs are authorized by Section 60 of the Provincial Offences Act and the amount is set by regulation.

3.  What is the Victim Fine Surcharge noted on my ticket and do I have to pay it?

As of January 1, 1995 all provincial offences fines except for parking infractions carry a victim fine surcharge. The surcharge operates on a sliding scale, depending on the amount of the fine. All surcharge monies are credited to the Victim's Justice Fund. Money in the fund is used to support programs that provide assistance to victims or witnesses of a provincial or federal crime.

The victim fine surcharge must be paid in full; otherwise, enforcement proceedings can be taken (such as driver licence suspension) by the Provincial Offences Court, regardless of the outstanding amount owing.

4.  What happens if I don't pay my fine in full?

Failure to pay your fine in full could result in a conviction being entered against you. Upon conviction, you will be required to pay the set fine including court costs and the applicable Victim Fine Surcharge by the due date. Failure to pay the fine imposed upon conviction by the due date may result in one or more of the following:

• Refusal by the Ontario Ministry of Transportation to issue a vehicle permit
• Driver's licence suspension
• An additional administrative fee of $40
• Additional collection costs including interest

The defaulted fine information is provided to a Credit Bureau.

1.  How can I change my trial date once it has been scheduled (for ticketable offences ONLY)?

There are two methods for requesting a new trial date. 

A. Consent Adjournments - 

• For first adjournment OPP/HRPS requests ONLY. 
• Must be completed at least two clear business days before first trial date (effective February 21/17).
• Complete a Request for Adjournment of First Trial Date form.
• Submit the completed form to the Prosecution Unit in person ONLY.
• Upon consent from prosecution, submit the form to the Administration Unit where a new date will be provided to you.

B.  Motion for Adjournment - For all cases. 

You must come in person to the court where your trial is scheduled at least 10 days before the scheduled date of your trial.

Complete a Notice of Motion form advising the court of your request to change your trial date and then swear an Affidavit in support of your request. The motion will be scheduled for the next available court date (approximately three to seven days later) at which time you must come to the court so that your motion may be spoken to. If your motion is granted, a new trial date will be issued at the motion hearing.

If there is less than 10 days remaining before your trial date, then you or someone acting as your agent must attend at the trial date to request an adjournment at that time. 

2.  I did not receive my Notice of Trial in the mail and now I have been convicted. What can I do?

For those cases where a ticket was issued, you must complete a Request for Re-opening form and swear a Section 11 Affidavit form advising the court that you did not receive your Notice of Trial.  This is a formal request to have your case be re-opened.  These forms can be obtained online or you can pick them up at any Provincial Offences Court location in the province.  This must be done within 15 days of becoming aware that you were convicted.

Send the completed and sworn forms to the Provincial Offences Court location indicated on the back of your ticket.  The Justice of the Peace will consider your request and, if granted, a new trial date shall be issued.  You are obligated to confirm your current address with the court. It is your responsibility to follow up with the court to get the new trial date, especially if there is a problem with your mail delivery.

3.  How do I order disclosure?

Once you have received a trial date, you may order disclosure from the relevant Prosecution Unit or Crown's office who will prosecute your case. For a list of Prosecutor/Crown's offices, see Prosecution Contact List. 

Please go to Prosecution for additional information about OPP and HRPS disclosure and what you must do to obtain disclosure before your trial.

4.  How do I make a formal request of the court?

You are required to file a motion with the court. Please follow the steps outlined below.

• Complete a Notice of Motion form with a supporting General Form of Affidavit indicating what it is that you are requesting (e.g., adjournment, additional disclosure, accommodation requests, etc.).
• Come in person to the Provincial Offences Court location where you are scheduled for a hearing and receive a date for your motion from the front counter staff.
• Serve a copy on the Prosecution Unit and receive proof of service. If serving by mail or fax, complete a sworn General Form of Affidavit to this effect.
• File the original motion and affidavit(s) with the Provincial Offences Court location where your hearing is scheduled.
• Come in person to the court on the scheduled motion date to speak to the motion before a Justice of the Peace. The Justice of the Peace will make a decision on whether to grant your request at this time.

5. It is the day of court and I cannot attend my trial. What can I do?

If, on a scheduled court date you cannot attend or proceed with your matter, someone else actong your behalf will have to attend court and explain to the Justice of the Peace why you cannot attend.  The Justice of the Peace may grant an adjournment, or order that the trial proceed in your absence. Guide for Defendants in Provincial Offences Cases

1.  My licence has been suspended because I did not pay my fine by the due date. What should I do now?

The Provincial Offences Court may choose to suspend a driver's licence for non-payment of the fine and victim fine surcharge. If this happens, you must pay the total amount outstanding at any Service Ontario location in Ontario. A $40 enforcement fee and a $281 reinstatement fee will be added to the total owing.

As long as the reinstatement fee has been paid (and there are no other fines outstanding or other reasons for suspension), Service Ontario will issue a licence reinstatement.

2.  Why does it take three to five business days to reinstate my licence?

Once the Provincial Offences Court receives your payment, the Defaulted Fines Control Centre (Ministry of the Attorney General) is advised electronically through an overnight batch reporting system.

The Defaulted Fines Control Centre administers all defaulted fines for the Province of Ontario. Once they have been notified, they will clear the suspense from their records and then notify the Ministry of Transportation within two to three business days.

The Ministry of Transportation will then require an additional day to update your driving record on its system.

3.  Why am I notified of my suspension after I have been suspended?

The Ministry of the Attorney General changed its procedures several years ago, including no longer providing notice of the "pending suspension". It was determined that notice was no longer required because defendants had already been provided with notice of a pending suspension for non-payment of a fine through two methods: a ticket (indicated on the back) and a Notice of Fine and Due Date.

If you wish to file an appeal or make a charter application, you will need three copies of the transcript of the court proceedings.

To order a transcript of court proceedings, please follow the process outlined below.

• Fill out a Transcript Order form for defendants or Transcript Order Form for paralegals.
• Submit your transcript order by fax, phone, email, or in person at the Halton Provincial Offences Court. 
• A Courtroom Monitor will contact you within two weeks to provide you with a deposit amount.  Upon receipt of the deposit, the transcript order will be placed in the queue for production.

1.  I have received a parking ticket. Can I pay it at the Provincial Offences Court?

No.  The Provincial Offences Court does not administer or prosecute parking offences.  All parking tickets should be paid at the Parking Department at the Town/City Hall in the Municipality where the ticket was issued. For example, a parking ticket issued in Burlington should be paid at City Hall, 426 Brant St., Burlington.

Any inquiries regarding your parking ticket should be addressed to the Parking Department at the Municipality where the ticket was issued.

Please refer to the following links for more information about parking tickets issued in the Region of Halton: City of Burlington, Town of Halton Hills, Town of Milton, Town of Oakville.

2.  I have been charged with a municipal by-law infraction and I would like more information about what this means.

All by-law charges are enforced and prosecuted by the various municipalities within the Region of Halton. To receive more information about your charge or to view a copy of the various municipal bylaws, please contact the bylaw department in the municipality where you were charged (e.g., Town of Oakville).

All by-law charges are filed at the local Provincial Offences Court and all fine payments are processed at the court house.

Please refer to the following links for more information about local bylaws and enforcement in the Region of Halton: City of Burlington, Town of Halton Hills, Town of Milton, Town of Oakville.