Information on Provincial Violation Tickets
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Note: This material is for informational purposes only. It is not to be construed as legal advice. It is intended to give a general overview of matters involving provincial statutes in the Provincial Court. Should you require advice specific to your situation, please consult a lawyer.
Provincial violation offences include many different violations from acts included in The Summary Offences Procedure Act, 1990.
If you have received a certificate of offence (a ticket) under an act included in The Summary Offences Procedure Act, 1990, your ticket will be an offence notice or a summons.
1. Offence Notice versus Summons
Offence Notices (such as a speeding ticket) may be issued by an officer either in person or by mail (e.g. a red light camera or photo laser). If not dealt with, these tickets may lead to late payment fees and driver's licence suspension.
Summons (such as an alcohol ticket) are issued by an officer, generally in person. If you do not pay the ticket or attend on the court date, a judge or justice of the peace might issue a bench warrant for your arrest. Sometimes a voluntary payment amount is indicated on the summons ticket. If your ticket does not have an amount indicated, you or a person you have asked to speak for you must appear in court to deal with your ticket.
2. Options
Your options are explained on either the back or along the right hand side of your offence notice or summons.
i. Pay the ticket
Sector 2 of your ticket will indicate if you have the option to pay your ticket instead of going to court. This is called the voluntary payment amount. Making the payment means you acknowledge guilt for the charge indicated on the ticket and you do not need to go to court to admit to it.
For more information or to make a payment please go to Pay A Provincial Fine. If the payment has not reached the court office prior to the court date, the ticket needs to be dealt with in court.
ii. Talk to the judge or justice of the peace about the ticket
The court location, date and time will be shown on the ticket. You or another person who you have asked to speak for you may appear at the indicated court location, date and time to speak about the charge.
If you have received an offence notice there is an option that reads, "I choose to plead guilty to this offence but wish to make submissions as authorized by section 21 of The Summary Offences Procedure Act, 1990." This means you may appear in court to tell the judge or justice you are guilty and explain your situation and then ask the judge or justice to consider giving you more time to pay the fine and / or a fine that is lower than what is on the ticket.
If you are not able to attend on the court date shown on the ticket you may fill out the "Plea of Guilty Form" and mail it to the Fine Collection Branch address at least 30 days before the court date. The court will contact you with a new court date so you can speak to a judge or justice about the ticket.
iii. Plead not guilty and go to trial
To enter a plea of not guilty for the charge on your ticket you may appear in court on the indicated date and enter your plea with the court. A date will be set for your trial.
If your ticket is an offence notice, you have the option of filling out the "Plea of Not Guilty Form" on the ticket and mailing it to the Fine Collection Branch 30 days before the court date shown on the ticket. You will receive a letter with your trial date, location and time.
Trial dates are set in the future to ensure adequate court time is available to hear the trial. This also allows you and the prosecutor with sufficient time to prepare and have any witnesses arranged. You may wish to contact the prosecutor's office at 306-787-5490 to discuss your charges prior to court.
3. Ignored or Forgotten Tickets
It is your responsibility to respond to your ticket within the time allowed.
i. If you do not respond to your offence notice
If you do nothing about your ticket, you will be deemed guilty by law. If you fail to pay the fine within the time allowed:
(a) A late payment charge will be added; and
(b) Your driver's licence may not be renewed or it may be suspended, or both.
ii. If you do not respond to your summons
If you do not pay the amount shown on the ticket or do not appear personally or by an agent to answer to the summons on the date shown:
(a) A warrant may be issued for your arrest;
(b) The court may proceed with a trial in your absence and you may be convicted; or
(c) The prosecutor may ask the judge or justice of the peace for a default conviction in your absence.
Failure to pay or appear may result in additional charges. Unpaid fines will be sent to a collection agency or Canada Revenue Agency, or both. This will affect your credit rating.
4. Points on Driver's Licence or Insurance
The court deals with the offence by deciding whether you are guilty or not guilty. The court is not involved with the business practices of SGI, the licensing administrator. Please contact your licensing administrator for information for your specific situation.