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POA - Commencement. 2682283 Ontario Ltd (Volcano Café and Lounge) v. Durham (Regional Municipality)
In 2682283 Ontario Ltd (Volcano Café and Lounge) v. Durham (Regional Municipality) (Ont CA, 2024) the Court of Appeal comments on the distinct POA Part I ['certificate of offence'] and Part III ['information'] procedures:[15] It is helpful as context to recall that there are two procedural routes under the POA for prosecution of by-law offences. Under Part III of the POA, proceedings may be commenced by laying an Information: POA, s. 21. Where proceedings are commenced by Information under Part III, the proceedings are in a trial stream from the start.
[16] Part I of the POA provides for a different – and more streamlined – procedure. This streamlined procedure engages set fines. Under Part I, proceedings may be commenced by filing a certificate of offence and issuing and serving an offence notice: POA, s. 3. Where proceedings are commenced by certificate of offence and an offence notice, the starting point is what people would generally refer to as a “ticket”. The person given the ticket may request a trial (POA, s. 5), or, if they do not wish to dispute the charge, they may opt to pay the set fine (plus applicable surcharges).[1] The regime for prosecutions by notice of offence with set fines under Part I of the POA is a means to prosecute by-law offences (and provincial offences) that allows resolution without an appearance before a judicial official and provides notice to citizens of fines that will be imposed in that context.
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