Project Overview
Ontario’s Provincial Offences Act (POA) governs how regulatory offences—such as traffic, municipal, and other provincial offences—are prosecuted and resolved. While these offences are distinct from criminal matters, the POA has not been comprehensively updated in over 30 years, despite significant changes in law, technology, and the justice system.
The LCO’s Provincial Offences Act project examined whether the POA continues to meet its original objectives: providing a fair, accessible, and proportionate process for resolving regulatory offences that affect large numbers of Ontarians. The project considered the impact of developments such as the Canadian Charter of Rights and Freedoms, changes to the Criminal Code, increased fine levels, expanded use of technology, and the formal recognition of paralegals.
At the same time, the project reaffirmed a core principle underlying the POA: regulatory offences are different in nature from criminal offences and should be governed by a distinct procedural framework. The LCO’s recommendations seek to return the POA to its roots as a simple and accessible system, while modernizing it to reflect contemporary legal realities.
Advisory Committee
The LCO appreciates the assistance it received from the Ad Hoc POA project Advisory Committee. The LCO project advisory groups are not asked to speak for their organizations and the contents of this Report should not be ascribed to them.
The Advisory Committee members were:
- Chief John Domm – Chief of Police of Rama Police Services and Director of First Nations Police with the Ontario Association of Chiefs of Police.
- Phil Downes – Sole Practioner in Toronto. He is certified by the Law Society of Upper Canada as a specialist in Criminal Law.
- Jeremy Griggs – Senior Manager of the POA Unit with the Ministry of the Attorney General.
- Jerry Herlihy – Senior Counsel with the Ontario Ministry of the Environment with a focus on environmental prosecutions.
- Kenneth Jull – Counsel with Baker & McKenzie LLP in Toronto. He is the co-author of “Regulatory and Corporate Liabilities: From Due Diligence to Risk Management.”
- The Honourable Mr. Justice Rick Libman – Judge with the Ontario Court of Justice. He is the co-author of “The 2009 Annotated Ontario Provincial Offences Act” and the author of “Libman on Regulatory Offences in Canada”.
- Jane Moffat – President of the Prosecutors’ Association of Ontario and is a Prosecutor with the Regional Municipality of Durham.
- Kimberly Murray – Member of the Kanesatake Mohawk Nation and Executive Director of the Aboriginal Legal Services of Toronto.
- David Potts – City Solicitor for the City of Oshawa and Incoming Chair of the Municipal Law Section of the Ontario Bar Association.
- Barry Randell – President of the Municipal Court Managers’ Association and Director of Court Services with the City of Toronto.
- Sheilagh Stewart – Counsel, Criminal Law Division, Ministry of the Attorney General. She is the author of “Stewart on Provincial Offences Procedure in Ontario”.
- James Stribopoulos – Associate Professor at Osgoode Hall Law School. He teaches Criminal Procedure and Evidence and his research interests include Criminal Law, Criminal Procedure, Constitutional Law and Legal Process.
- Her Worship Justice of the Peace Karen Walker – Justice of the Peace with the Ontario Court of Justice.
- Rod Walker – Licensed Paralegal and Vice President of the Paralegal Society of Ontario.
Key Recommendations
The LCO made 47 recommendations that fall into four broad areas of reform.
1. Modernize and restructure the POA framework
- Retain a procedural code separate from the Criminal Code that reflects the distinct nature of regulatory offences.
- Restructure the POA to focus on core jurisdictional and offence-creating provisions, with detailed procedures moved to regulations.
- Clarify the purpose of the POA to promote fair, accessible, proportionate, and efficient resolution of provincial offences.
2. Simplify procedures and improve access to justice
- Consolidate POA rules and forms into a single, simplified procedural code tailored to the seriousness and complexity of different offence streams.
- Develop plain-language guides and improve public access to information about POA procedures, rights, and common defences.
- Expand the use of technology and procedural tools that improve efficiency while maintaining fairness.
3. Expand administrative monetary penalties and alternative resolution
- Transition less serious offences—such as parking infractions—from court-based prosecution to administrative monetary penalty systems where appropriate.
- Support municipalities in adopting and implementing administrative penalty regimes, including for disabled parking enforcement.
- Encourage consideration of alternative measures for resolving minor provincial offences outside the traditional court process.
4. Modernize sentencing, enforcement, and safeguards
- Introduce clear sentencing principles focused on remediation, rehabilitation, proportional deterrence, and denunciation where appropriate.
- Expand sentencing tools, including probation orders, restitution, community service, and alternative penalties for individuals and organizations.
- Update provisions related to bail, search powers, privilege, accessibility, and procedural fairness, with attention to the needs of vulnerable groups.
Together, these recommendations aim to ensure that the POA remains a fair, accessible, and effective system for resolving regulatory offences in Ontario, while reflecting modern legal standards and practical realities.