Provincial Offence Act. ( Traffic Tickets, Parking Tickets, etc.)
In Ontario, the Provincial Offences Act sets out the rules for:
-
parking violations
-
non-criminal offences (for example: under the Highway Traffic Act, Fish and Wildlife Conservation Act, Liquor Licence Act, etc.)
These offences are handled by municipal court offices and can include traffic or noise by-law offences, building code violations, not having proof of insurance, public intoxication, and trespassing.
Please read the guide for provincial offences.
If you received a ticket, you have 15 days to exercise one of the options on the back of your ticket. If you do not respond within 15 days, you may be deemed not to dispute the charge and the court may enter a conviction for the offence.
Court Case Look Up is an easy, convenient, online way for you to:
-
Pay your provincial offences fine
-
View images of your Red Light Camera or Automated Speed Enforcement Offence
-
Request an Early Resolution meeting with the Prosecutor
-
Request a Trial (NEW)
-
Check the status of your ticket or court case.
Court Case Look up is available between 7 a.m. and 9 p.m. at www.toronto.ca/courtcaselookup
Traffic Tickets
After being served an Offence Notice (ticket) the defendant then has three options to be exercised within 15 (fifteen) calendar days:
Your ticket (also known as an “offence notice” or “parking infraction notice”) or summons sets out the offence with which you are charged.
If you get a ticket that is not a parking ticket (such as a speeding ticket), your options will be set out on the back of it. There are two types of tickets. If you receive the first type (Form 3), you have three options:
(i) Plead guilty by paying the total amount shown on your ticket.
(ii) Go to the court office shown on the ticket and plead guilty and make submissions about the penalty (including the amount of fine or how much time you have to pay).
(iii) Ask for a trial date. See the back of your ticket for information about how to get a trial date set.
If you receive the second type of ticket (Form 4), the second option is different. You may request a meeting with a prosecutor by checking a box on the ticket. You will then receive a notice of the date and time of the meeting. By meeting with the prosecutor, you do not give up your right to a trial; however, you may be able to resolve the case. Possible resolutions could include a withdrawal of the charge or an agreement in which you plead guilty to a less serious charge. If you or someone on your behalf does not attend the meeting or the court date scheduled after the meeting, you may be found guilty.
You might also be able to meet with a prosecutor if you receive the first type of ticket. Contact the court office shown on your ticket as soon as possible if you want to discuss your case with a prosecutor.
Note: If you fail to exercise one of these options, a Justice of the Peace will review your case and may enter a conviction in your absence.
Summons
If you get a summons, you or someone on your behalf must attend court at the time and place shown on the summons:
(i) If you or someone on your behalf does not attend court and it is a trial date, a warrant for your arrest may be issued or your trial may go ahead without you. If your trial goes ahead without you, you might be convicted and sentenced. Depending on the offence with which you have been convicted, you might be sentenced to jail and a warrant issued for your arrest.
(ii) If you or someone on your behalf does not attend court and the date is not a trial date, a trial date may be set at that time and you will not be notified of the trial date.
(iii) If you or someone on your behalf does not appear at the time and place shown on the summons or for a scheduled court date, you may be charged with “failing to appear” in court.
(iv) If you or someone on your behalf does not attend a scheduled court date, it is your responsibility to find out from the court office what happened, including whether a trial date was set and for what date.
Requesting Disclosure (for Tickets in Toronto)
The information provided below only applies to offences under the Provincial Offences Act, which are prosecuted by the City of Toronto.
The City of Toronto Prosecutor’s Office will only provide information in disclosure that relates to the charge and that is in the Office’s possession.
To request disclosure, please complete the Disclosure Form and deliver it to the appropriate City Prosecutors’ Office. We ask that you make your disclosure request six to eight weeks prior to the trial date.
Part I Offence Notice or a Part II Parking Violation Notice
For a Part I offence notice or a Part II parking violation notice (parking ticket), please deliver the completed Disclosure Request form to the City Prosecutors’ Office at the courthouse mentioned on your Notice of Trial.
Exception: If the court house mentioned on your Notice of Trial is 70 Centre Avenue, the disclosure request must be filed with the City Prosecutors’ Office located at 60 Queen Street West, Old City Hall, Room 12E, Toronto, ON M5H 2M3.
Part III Summons
For a Part III summons, please deliver the form to the City Prosecutors’ Office at the court house mentioned on the summons.
If you wish to fax the form in order to avoid delays please send your request to the correct City Prosecutors’ Office.
Tickets with a Court ID of 4860 or Summons returnable to 60 Queen St. W.:
City Prosecutors’ Office
60 Queen St. W.
Old City Hall (Room 12E)
Fax: 416-338-6986
Tickets with a Court ID of 4862 or Summons returnable to 2700 Eglinton Ave. W.:
City Prosecutors’ Office
2700 Eglinton Ave. W.
Fax: 416-338-7322
Tickets with a Court ID of 4863 or Summons returnable to 1530 Markham Rd.:
City Prosecutors’ Office
1530 Markham Rd.
Fax: 416-338-7703
City Prosecutor’s Office: Speed Measuring Device Manuals
The Prosecutors’ Office has made available the following speed measuring device manuals for disclosure in respect to certain provincial offences. Please consult your disclosure documentation for the specific speed measuring device used by the officer, and click on the corresponding link below.
MPH Industries – BEE III Automatic Same Direction Traffic Radar Canadian Version Operation Manual
DragonEye Technology – DragonEye Speed Lidar Canadian Version Operator Manual
Set Fines
Check your set fines here: https://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/
Demerit Points
How demerit points work
You don’t “lose” demerit points on your driving record. You start with zero points and gain points for being convicted of breaking certain traffic laws.
Demerit points stay on your record for two years from the offence date. If you collect enough points, you can lose your driver’s licence.
You can also get demerit points on your Ontario’s driver’s licence when you violate driving laws in:
-
other Canadian provinces and territories
-
the State of New York
-
the State of Michigan
Traffic tickets for G1 and G2 Novice Drivers have licence suspensions for any 4 point ticket, or accumulating 6 demerit points
Licence suspensions and convictions dramatically affect insurance rates.
Insurance Implications
Insurance companies look at convictions not demerits to access how much you will pay for insurance.
Convictions affect your insurance, including ANY traffic ticket, even for minor offences e.g. speeding 10 over the limit.
Demerit points only affect licence suspensions. Depending upon the class of licence accumulating demerit points can cause the licence to be suspended.
Ontario Demerit Points
Drivers should always be disputing traffic tickets to avoid convictions and save or reduce the accumulation of points.
How demerit points are applied
The number of points added to your driving record depends on the offence. Here are the number of points that will be recorded for certain violations.
7 demerit points will be added if you are convicted of:
-
failing to remain at the scene of a collision
-
failing to stop when signaled or asked by a police officer
6 demerit points will be added if you are convicted of:
-
careless driving
-
racing
-
exceeding the speed limit by 40 km/h or more on roads with a speed limit of less than 80 km/h
-
exceeding the speed limit by 50 km/hour or more
-
failing to stop for a school bus
5 demerit points will be added if you are convicted of:
-
failing to stop at an unprotected railway crossing (for bus drivers only)
4 demerit points will be added if you are convicted of:
-
exceeding the speed limit by 30 to 49 km/hour
-
following too closely
-
failing to stop at a pedestrian crossover
3 demerit points will be added if you are convicted of:
-
driving while holding or using a hand-held wireless communications or entertainment device
-
driving while viewing a display screen unrelated to the driving task
-
exceeding the speed limit by 16 to 29 km/hour
-
driving through, around or under a railway crossing barrier
-
driving the wrong way on a divided road
-
driving or operating a vehicle on a closed road
-
failing to yield the right-of-way
-
failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
-
failing to obey the directions of a police officer
-
failing to report a collision to a police officer
-
failing to slow and carefully pass a stopped emergency vehicle or a tow truck with its amber lights flashing
-
failing to move, where possible, into another lane when passing a stopped emergency vehicle or a tow truck with its amber lights flashing
-
improper passing
-
improper driving when road is divided into lanes
-
improper use of a high occupancy vehicle lane
-
going the wrong way on a one-way road
-
crossing a divided road where no proper crossing is provided
-
crowding the driver’s seat
-
driving a vehicle equipped with a radar detector
-
improper use of a high-occupancy vehicle (HOV) lane
2 demerit points will be added if you are convicted of:
-
improper right turn
-
improper left turn
-
improper opening of a vehicle door
-
prohibited turns
-
towing people — on toboggans, bicycles, skis
-
unnecessary slow driving
-
backing on highway
-
failing to lower headlamp beams
-
failing to obey signs
-
failing to stop at a pedestrian crossing
-
failing to share the road
-
failing to signal
-
driver failing to wear a seat belt
-
driver failing to ensure infant/ child passenger is properly secured in an appropriate child restraint system or booster seat
-
driver failing to ensure that a passenger less than 23 kg is properly secured
-
driver failing to ensure that a passenger under 16 years is wearing a seat belt
-
driver failing to ensure that a passenger under 16 years is sitting in a seat that has a seatbelt
Penalties for demerit points
The consequences for gaining demerit points depend on how many you have added to your driving record.
As a driver with a full licence, if you have:
6 to 8 points:
You will be sent a warning letter.
9 to 14 points:
You will be sent a second warning letter encouraging you to improve your driving behaviour.
15+ points:
Your licence will be suspended for 30 days.
When your licence is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your licence.
If you do not surrender your licence, you can lose your licence for up to two years.
Penalties for demerit points: new drivers
You are considered a novice – or new – driver if you have a G1, G2, M1, M2, M1-L or M2-L licence. As a new driver, you face different consequences for adding demerit points.
As a new driver, if you have:
2 to 5 points:
You will be sent a warning letter.
6 to 8 points:
You will be sent a second warning letter encouraging you to improve your driving behaviour.
9 or more points:
Your licence will be suspended for 60 days.
When your licence is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your licence.
If you do not surrender your licence, you can lose your licence for up to two years.
Escalating Penalties
If you are a novice driver and have committed an offence resulting in demerit points, you may also receive a licence suspension or cancellation under Ontario’s escalating penalties program.
All drivers face penalties if they violate the laws of Ontario’s Highway Traffic Act. Novice drivers can also receive “escalating” penalties – consequences that get stiffer with each similar offence – for breaking certain laws.
Escalating penalties can apply if you are:
-
convicted of breaking graduated licensing rules
-
convicted of a Highway Traffic Act offence that results in four or more demerit points (e.g., street racing, careless driving)
-
subject to a court-ordered suspension for a Highway Traffic Act offence that would have otherwise resulted in four or more demerit points
For a first offence: your driver’s licence is suspended for 30 days.
For a second offence: your driver’s licence is suspended for 90 days.
For a third offence: you will lose your novice licence. You will need to re-apply for your licence and start all over, taking all tests and paying all fees. You will also lose any time discount you earned, any time you were credited, and any fees you have paid.
To surrender your licence
You can surrender a licence two ways:
-
in-person at any ServiceOntario centre
-
by mailing your licence to:
Ministry of Transportation
Driver Control Section
77 Wellesley Street West, Box 671
Toronto, Ontario
M7A 1N3
You cannot surrender a suspended licence at DriveTest centres.
After your suspension is over
You may need to take your vision, written and road tests again. If you pass your tests, two things will happen:
-
you will have your driver’s licence reinstated
-
the number of points on your record will be reduced
-
if you have a full licence, your points will be reduced to 7
-
if you have a novice licence, your points will be reduced to 4
-
These points will stay on your licence for two years. Any new points added to your record could bring you back for an interview.
If you reach too many points again, your licence will be suspended for another 6 months.
Out-of-province demerit points
If you have been convicted of a driving offence in another Canadian province, the State of New York or Michigan, demerit points will be added to your driving record just as if the offence happened in Ontario.
Traffic offences outside Ontario that will add demerit points:
-
speeding
-
failure to obey a stop sign
-
failure to obey a signal light
-
failure to stop for a school bus
-
racing
-
failing to remain at or return to the scene of a collision
-
careless driving
Criminal offences outside Ontario that will result in a suspension:
-
vehicular manslaughter
-
criminal negligence
-
dangerous driving
-
failure to remain at the scene of a collision
-
impaired driving
-
driving while disqualified or prohibited
