The Provincial Offences Act (POA) is an Ontario statute that sets out the procedures for the administration and prosecution of non-criminal, regulatory offences in Ontario, covering traffic violations, municipal by-laws, and provincial statute violations.

The Act defines both how charges are laid (Part 1), and how tickets (Part I), parking tickets (Part II), or summonses (Part III) are handled in the Ontario Court of Justice or municipal court.

What does the Act cover?

Almost all offences covered in the POA (over 80%) are Highway Traffic Act offences. Others cover trespassing, environmental, liquor license, and other violations. For example:

• Traffic violations: speeding, traffic light violations, distracted driving, failure to wear seat belt, and careless driving under the Highway Traffic Act.
• Liquor licence violations: being intoxicated in a public place or selling alcohol to a minor under the Liquor Licence & Control Act.
• Trespassing: entering prohibited premises or failing to leave when directed under the Trespass to Property Act.
• Municipal By-law violations: noise complaints, animal care, smoking in public.
• Occupational health and safety infractions: offences involving safety and training under the Occupational Health and Safety Act (OHSA).
• Environmental violations: air, water, and land pollution, including illegal dumping and hazardous waste under the Environmental Protection Act (EPA); and the illegal discharge of material that impairs water quality under the Ontario Water Resources Act (OWRA).

The POA focuses on public welfare. An example is the Smoke-Free Ontario Act which was established to protect the public from the dangers of smoking. The offences covered under the POA are regulatory offences because they are found in laws that have been enacted to regulate behaviour in society, rather than punish. Under the Highway Traffic Act, offences such as speeding, not wearing a seatbelt, not stopping at a stop sign etc. were created to regulate the behaviour of motorists.

While these types of regulatory offences are considered minor and carry appropriate lesser penalties, other offences, such as safety violations leading to worker injury or death under Occupational Health and Safety law are much more serious and penalties for these offences can carry heavy fines, probation orders, and sometimes imprisonment.

The Act also allows for the appeal of convictions or sentences.

More information

For more information, view the Ontario Provincial Offences Act, and refer to other answers in Provincial Law.

								
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