For Defendants

Learn everything you need to know as a defendant if you have been issued a ticket with Halton Court Services (HCS) under the Provincial Offences Act.

Court proceedings

You have the option to appear in person or virtually using Zoom.

View information on our virtual court proceedings, including:

  • How to connect online or by phone
  • Virtual etiquette
  • Guide for Defendants in Provincial Offences Cases

Forms

We offer a number of forms online to help you submit them electronically. Simply print out and complete the form(s) before emailing it to us at burlingtoncourt@burlington.ca, or you can visit our administration desk with your completed forms at our Provincial Offences Court. Our administration services remain open during business hours. Please check our services for people with disabilities for a list of accessible forms.

Services for people with disabilities

Find out more about our services for people with disabilities, including:

  • Accessible forms
  • Assistive devices
  • Communication
  • Disability-related support persons
  • Our commitment and staff training
  • Requesting accommodation
  • Service animals

Courtroom rules

Please abide by all courtroom rules for in-person and virtual proceedings:

  • Proper attire is required. Shorts, tank tops, halter tops or hats are not permitted in the courtroom.
  • No chewing gum.
  • No talking while court is in session.
  • Food and drinks are not permitted in the courtroom.
  • You must turn off or silence all electronic communications devices. Talking on electronic devices is not permitted while court is in session. Audio recordings may only be used for note-taking purposes if the justice of the peace is first notified or gives express permission to do so. There are no transmissions of court proceedings.
  • You may not take photos or videos without a court order.

Ticket options

If you have been issued a ticket with Halton Court Services, you have three options for proceeding with your ticket:

  • Plea of guilty - pay the fine
  • Early resolution - meet with the prosecutor
  • Trial - dispute the charge

Pay your fine

Please note:

  • Trial requests may now be submitted in-person, by mail or online by checking off option 3 or filling out a Notice of Intention to Appear form available online, with a copy of the offence notice.
  • Early Resolution requests may be submitted in-person, by mail or online.
  • Re-opening and extension applications may now be submitted in-person, by mail or by email to burlingtoncourt@burlington.ca.

Ticket Options Frequently Asked Questions (FAQs)

I have received a ticket. What are my options?
View your three options for dealing with a ticket.

Can I meet with the prosecutor to resolve my charge without going to trial?
You may request an early resolution meeting with the prosecutor to discuss your charge. The investigating officer will not attend the meeting. The prosecutor will consider the circumstances of the offence, your driving record and your ability to pay the fine. For a HRPS, OPP or Red Light Camera P1 offence, you may reach out to Halton Court Services Prosecution to discuss your charge prior to any court appearance by email at prosecutionenquiries@burlington.ca

How many days do I have to respond once I have received a ticket?
You have 30 days to respond. Once 30 days have 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 with you absent.

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. Learn more about understanding demerit points.

How can I find the status of my driving record?
Learn how to get a driving record.

After I receive my ticket, will the court forward any other 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 a ticket option within 30 days. If you have not selected an option by the deadline, a conviction notice (Notice of Fine and Due Date) will be sent to the address noted on your ticket upon conviction.

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.

Consent adjournments
  • For first adjournment Ontario Provincial Police (OPP) and Halton Regional Police Service (HRPS) and red light camera requests only
  • Must be completed at least two business days before the first trial date
  • You must complete a Request for Adjournment of First Trial Date form. Please contact us at burlingtoncourt@burlington.ca for the form
  • Submit the completed form in-person at our provincial offences office only
  • Upon consent from prosecution, submit the form to our provincial offences office where a new date will be provided to you
Motion for adjournment

Motions for adjournment are for all types of cases. You can email us at burlingtoncourt@burlington.ca or come in-person to the court where your trial is scheduled at least 10 days before the scheduled date of your trial.

Complete and submit 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 fewer than 10 days remaining before your trial date, then you or someone acting as your agent must attend the trial date to request and adjournment at that time.

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 re-opened. You can obtain these forms online or pick them up at our provincial offences office. You must do so within 15 days of becoming aware that you were convicted.

Send the completed and sworn forms by email to burlingtoncourt@burlington.ca, by mail or in-person to the provincial offences office indicated on the back of your ticket. The justice of the peace will consider your request, and if grant, a new trial date shall be issued. You must confirm your current address with the court and follow-up with the court to get the new trial date, especially if there is a problem with your mail delivery.

How do I order a 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 OPP and HRPS charges: complete the Request for Disclosure form.

Please allow a minimum of 10-12 weeks to process your disclosure request.

How do I make a formal request of the court?

To make a formal request, you must file a motion with the court. Please follow the steps outlined below.

  • Complete a Notice of Motion Form with a supporting General Form for Affidavit, indicating what you are requesting (e.g., adjournment, additional disclosure, accommodation requests, etc.).
  • Send by email to burlingtoncourt@burlington.ca or 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 email, complete a sworn General Form for Affidavit to this effect.
  • File the original motion and affidavit(s) within the provincial offences court location where your hearing is scheduled.
  • Come in-person to the court or join virtually using Zoom on the scheduled motion date to speak at 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.

It is the day of court and I cannot attend my trial. What can I do?
If you cannot attend or proceed with your matter on your scheduled court date, someone else acting on your behalf must 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. Learn more with the Guide for Defendants in Provincial Offences Case.

Paying a fine

Learn how you can pay a fine with HCS and different payment methods available.

Paying a Fine Frequently Asked Questions (FAQs)

Why are there two amounts on my ticket?

One amount is the set fine and the second amount is the total payable. The total payable consists of the set fine, court costs and the victim fine surcharge. The total payable amount 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 the amount you must pay for the service of the ticket and/or summons, and upon conviction of an offence. The costs are authorized by the Provincial Offences Act and the amount is set by regulation.

What is the victim fine surcharge noted on my ticket and do I have to pay it?

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.

You must pay the victim fine surcharge in full, otherwise enforcement measures may be taken (such as driver's licence suspension) by the Provincial Offences Court regardless of the outstanding amount owing.

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

If you don't pay your fine in full, you may have a conviction entered against you. Upon conviction, you will be required to pay the set fine, including court costs and the applicable surcharge by the due date. Failure to pay by the due date may result in:

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

The defaulted fine information is provided to a credit bureau.

File an appeal

Discover how to file an appeal for a conviction with HCS.

Order transcripts and audio recordings

Learn how to order transcripts and digital audio recordings of court proceedings.

Request an interpreter

Email us or come in-person to our court office location to request a court interpreter. Interpreters offer services in multiple languages, including sign language.

Driver's Licence Suspensions Frequently Asked Questions (FAQs)

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 ServiceOntario location. 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, ServiceOntario will issue a licence reinstatement.

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 is advised electronically through an overnight batch reporting system. The centre administers all defaulted fines for the Province of Ontario. Once they have been notified, staff will clear the suspension from their records and notify the Ministry of Transportation within two to three business days.

Why am I notified of my suspension after I have been suspended?
The Ministry of the Attorney General does not provide notice of pending suspension. This notice is not required because defendants have already been provided with a notice of a pending suspension for non-payment of a fine through two methods - a ticket and a Notice of Fine and Due Date.

Parking and Bylaw Offences Frequently Asked Questions (FAQs)

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. Learn how to pay a parking ticket with the City of Burlington. You must pay the ticket with the municipality that originally issued it.

I have been charged with a municipal bylaw infraction. Where can I find more information about what this means?

All bylaw charges are enforced and prosecuted by the various municipalities within Halton Region. All bylaw charges are filed at the local provincial offences court and fine payments are processed at the courthouse.

Learn more about bylaw enforcement with the City of Burlington or visit the Town of Halton Hills, Town of Milton or Town of Oakville for infractions originating from these municipalities.