Provincial Offences

Ontario Court of Justice - Provincial Offences

Since February 26, 2001 the County of Elgin has been responsible for the administration and prosecution of most Provincial Offence charges issued within Elgin County and St. Thomas. Provincial Offences are non-criminal charges and include but are not exclusive to fines issued under the Highway Traffic Act, Liquor Licence Act, Tresspass to Property Act, Compulsory Automobile Insurance Act, and by-laws.

There are three different types of Provincial Offence Notices. A Part I is commonly referred to as a ticket that is issued to an individual, a Part II notice is a parking infraction and a Part III notice is a summons to appear before the Court on an assigned court date.

The Federal Government, through the French Language Services Act, has designated the County of Elgin as a bilingual service area. Front counter and Court services are provided in French upon request.

Le gouvernement fédéral, par l'intermédiaire de la Loi sur les services en langue française, a désigné le comté d'Elgin en tant que zone de service bilingue. Comptoir de service et de la Cour sont disponibles en français sur demande.

NOTICE - Regarding Part I and II Appeal Matters:

Effective December 1, 2008 Provincial Offences Act (POA) Part I and Part II appeals must be filed with the Provincially administerd Ontario Court of Justice (OCJ) court office. Appeal forms and information can be obtained at either the POA or OCJ offices. Fine payments will ONLY be accepted at the POA office and requests for transcripts MUST be made at the trial court. PLEASE NOTE: These changes do not affect processes that deal with the Ontario Court of Appeal.

NOTICE - Regarding Part III Appeal Matters:

Effective December 1, 2008 Provincial Offences Act (POA) Part III appeals must be filed with the

  • Provincially administed Ontario Court of Justice, if the trial was presided over by a Justice of the Peace.
  • The Superior Court of Justice (SCJ) if the trail was presided over by a Judge of the Ontario Court of Justice (OCJ)

Appeal forms and information can be obtained at either the POA or OCJ offices.
Fine payments will ONLY be accepted at the POA office and requests for transcripts MUST be made at the trial court.
PLEASE NOTE: These changes do not affect processes that deal with the Ontario Court of Appeal.

Court Dates & Court Closures

Part I

Trials for Part I matters commence at 9:30 A.M as scheduled. 

excluding Statutory Holidays, Christmas and Court Closures.

Part III

Summonses for Part III matters are issued for the 2nd and 4th thursday of the month.

 Friday Court commences at 9:30 A.M.

Trials for Part III matters are heard on the 2nd and 4th Thursday of the month commencing at 9:30 A.M.

- excluding Statutory Holidays, Christmas and Court Closures.

Option 2 - Early Resolution - Meet with the Prosecutor

Early Resolution meetings commence as scheduled - excluding Statutory Holidays, Christmas, and Court Closures. Meetings commence as scheduled. 

Court Closures

County of Elgin POA Courts WILL NOT be sitting on the following dates in 2018:

  • February 20, 2018
  • March 30, 2018
  • April 2, 2018
  • April 17-20, 2018
  • May 8-11, 2018
  • May 22, 2018
  • June 4, 2018
  • June 29, 2018
  • July 3-6, 2018
  • August 3, 2018
  • August 7-10, 2018
  • October 16-19, 2018
  • November 6-9, 2018
  • December 24, 2018
  • December 27-31, 2018

ALL COURT DATES ARE SUBJECT TO CHANGES AND CLOSURES

Frequently Asked Questions

How many days do I have to respond once I recieve a Provincial Offence Notice/Ticket?
Please read the back of your ticket carefully as within 15 days you must choose one of the 3 Options.
Why are there two amounts on my ticket?

One amount is the set fine and the second is the total payable. The total payable consists of the set fine, Court costs and the victim fine surcharge.

  • Court costs are an amount to be paid by the defendant for the service of the offence notice and/or summons and upon conviction of an offence. The costs are authorized by Section 60 of the Provincial Offences Act and the amount is set by Regulation.
  • The Victim Fine Surcharge is imposed by the Provincial Government and is added to every fine imposed under the the Provincial Offences Act. The amount of the Victim Fine Surcharge is variable, and is based on the amount of the set fine. Proceeds from the surcharge are used to maintain and expand provincial services to victims of crime.
How can I get my driver's license reinstated

If a provincial offence fine is not paid within the prescribed time, your licence may be suspended and a $20.00 charge will be added to the fine. You will receive notification of the suspension by mail from the Ministry of Transportation. To have your licence reinstated you must:

  • Pay all the outstanding fines that are suspending your licence.
  • Pay the MTO reinstatement fee to the Ministry of Transportation.
  • Allow 3-5 business day processing time after paying the fine(s) for the suspension order to be lifted.
  • Check with the Ministry of Transportation before driving to ensure that your licence is valid.
How much do I owe in fines?

To find out how much you owe in fines, call or visit your local Provincial Offence Court office, have the offence number, file number or your driver's licence ready when calling.

How can I appeal the outcome of my trial?

A. For a Part I or Part II offence, the appeal must be filed within 15 days of conviction. For a Part III the appeal must be filed within 30 days of conviction.

  • Under the rules for Appeal the fine is to be paid first, and must be at the POA office where the charge is from.
  • Forms may be obtained at any Provincial Offences Court or Ontario Court of Jusitce office, but must be filed at the Ontario Court of Justice office where the charge is from.
  • Part III appeals require transcripts from the original trial - 3 copies must be ordered, one for the Justice, one for the Prosecutor and one for the Appellant, the transcripts are to be ordered at the POA office and a deposit will be required.
What does it mean when I receive a ticket (Part I offence) with a court date written on the bottom of my ticket but no fine amount?

When there is no fine amount written on the ticket, you must appear in court on the date and time assigned.

What can happen if I don't appear for my court date?

For a Part I offence if you do not appear you will be deemed not to dispute under Section 9.1(b) of the Provincial Offences Act and a conviction will be registered by the Court upon review of the Offence Notice. Court costs in the amount of $5.00 will be applied on top of the fine imposed for failure to appear.

For a Part III offence if you do not appear on the date that you have been summonsed or any subsequent court date you may have a bench warrant issued,or trial may be scheduled and proceed in your absence. Court costs in the amount of $30.00 will be applied on top of the fine imposed for failure to appear.

How do I contact the Prosecutors for Disclosure and Resolutions?

Part I and Part II Matters - To obtain DISCLOSURE you will receive a form to submit with your Notice of Early Resolution Meeting or Notice of Trial. Part III Matters - To obtain DISCLOSURE or to have a RESOLUTION MEETING contact the Crown's Office at: 4 Wellington Street, St. Thomas, Ontario, N5R 3G1 T: 519-631-4810 or F. 519-633-9629

What Are My Options?

When you receive a Part I Provincial Offence Notice you have three options:

OPTION 1 - PLEA OF GUILTY - PAYMENT OUT OF COURT

You are pleading guilty to the charge and you must pay the TOTAL PAYABLE as set out on the ticket

OPTION 2 - EARLY RESOLUTION - MEET WITH PROSECUTOR 

By choosing this option you do not forego the right to a trial. 

You may request a meeting with a prosecutor to discuss possible resolution of the charge. 

You will be sent a meeting notice to the address on the file. You MUST notify the court of change of address.

If you FAIL TO ATTEND the meeting you WILL BE deemed not to dispute and may be convicted in your absence, and additional fees may be added.

Guide for defendants available at : www.ontariocourts.ca/OCJPOAGuide

OPTION 3 - TRIAL OPTION: NOTICE OF INTENTION TO APPEAR

If you wish to request a court date, you must sign the notice of intention to appear on the back of the ticket under Option 3 and bring it to the POA Office. Once you submit a Trial Request by signing the back of your yellow ticket under Option 3 a court date will scheduled for you according to availabilty. A Notice of Trial will be sent to you in the mail at the address on the ticket - if you change your address you MUST notify the Court Office of the address change, failure to do so could result in you not receiving your trial notice. If you do not receive your Notice of Trial within 45 days of filing the request contact the Court Office with your 8 digit ticket number to enquire of the status.

Guide for defendants available at: www.ontariocourts.ca/OCJPOAGuide

Payments

Payments can be made by: Cash, Debit, VISA, MasterCard, Money Order or personal cheques. * Post dated cheques WILL NOT be accepted*. Please make payable to: THE COUNTY OF ELGIN

In Person Payments
At the County of Elgin Administration Building, 450 Sunset Drive - 1st Floor at the south end of the building.
Mail in Payments

Send to: County of Elgin - Provincial Offences Office, 450 Sunset Drive, St. Thomas, Ontario N5R 5V1 
*DO NOT send cash in the mail.*

Online Payments
Out of Town Payments

Payments can also be made at any *Provincial Offences Office in Ontario* Please call and verify with your local POA office prior to attending as they may have restrictions in place.

ALWAYS REFER TO YOUR TICKET NUMBER, CASE NUMBER OR DRIVER'S LICENCE NUMBER ON YOUR PAYMENT AND IF CALLING HAVE THIS INFORMATION TO REFER TO WHEN SPEAKING TO THE OFFICE.

Returned Cheques (NSF)

ALL RETURNED CHEQUES ARE SUBJECT TO A $40.00 FEE AND WILL BE REFERRED TO THE COLLECTION DEPARTMENT

Past Due Payments

If you are paying outside of the prescribed time you may have incurred extra fees and your licence may be suspended and/or collection proceedings may have commenced. Please verify your outstanding amount with the Court Office if you are not paying within the prescribed time.

If you have received overdue notification from the Collections Department contact them at 1-866-223-3315 to obtain current amount of overdue fines.

Suspended Licences

If you have a Notice of Suspension please note that the MTO reinstatement fee is NOT payable to the Court Office. It MUST be paid at MTO prior to any reinstatement of the licence, failure to pay this fee will cause the licence to remain suspended. The reinstatement process takes 3-5 business days. The FINES affecting the licence ARE payable at the Court Office and not at MTO. If paying your FINE by personal cheque it MUST be certified for suspended matters. 

Extension of Time To Pay

If you require more time to pay your fine you may apply to the Justice of the Peace for more time by filling out an Motion for Extension of Time to Pay Fine Time to Pay form. The form will be given to the Justice of the Peace and they will either grant or deny your application. YOU MUST CONTACT THE OFFICE AFTER FILING TO VERIFY THE OUTCOME OF YOUR APPLICATION. The ORIGINAL form will need to be filed with the Court Office at 450 Sunset Drive, St. Thomas, Ontario.

Hours & Directions

Hours

The County of Elgin - POA Court Office is open Monday to Friday from 8:30 A.M. to 4:30 P.M. - Except Statutory Holidays and Christmas

Directions

If you are traveling with a GPS device or using MapQuest and GoogleMaps our address is 450 Sunset Drive, Central Elgin.

We are located to the south of the 401 - take the Wellington Road exit SOUTH at London

  • Follow Wellington Road South towards St. Thomas/ Port Stanley
  • Wellington Road will curve at St. Thomas and will turn into Sunset
  • We are located on the right hand side of the road across from the St. Thomas Psychiatric Hospital.

Parking

Parking is located at the back of the County Building and can be accessed from Karen Street just prior to reaching the building. Visitor parking is along the back row of the parking lot.