Provincial Flashcards
What type of Act is the POA?
Procedural - How officers conduct the law
There are 8 Provincial Acts in the POA. How many are Procedural and how many are Substantive. Name them.
(Procedural) - Provincial Offences Act
(Substantive) - Residential Tenancies Act •Liquor Licence Act •Trespass to Property Act •Mental Health Act •Child Youth and Family Services Act •Family Law Act •Children’s Law Reform Act
Which court is associated with Provincial Offences?
Ontario Court of Justice(Provincial Offences Court)
What is a Justice? (2)
Provincial Judge or Justice of the Peace
Under the POA, are persons charged referred to as Accused or Defendants?
Defendants
What is the the age bracket for Young Persons under the POA?
12-15
POA offences consists of less serious and more serious offences, what path is most applicable for each?
Minor offences (Part 1) - Set Fine More serious (Part 3) - N.S.F
Are Provincial Offences criminal charges?
No.
How long do you have to serve a Part 1 Offence?
-If it is not served within that amount of time, what can you do?
30 days
-If not served within 30 days, you can serve as Part 3
How long do you have to serve a Part 3 Offence?
6 months
What are the determining factors for charging as either part 1 or part 3 (SCC)
Seriousness
Consequences
Circumstances
What does “commencement of proceedings” mean?
The charge is initiated. “The wheels of justice are turning”
What needs to be filed for a Part 1 offence to begin a commencement of proceedings? AND for a Part 3?
Certificate of Offence (part 1) An information (Part 3)
What needs to be filed for a Part 3 offence to begin a commencement of proceedings?
An information (Form 105)
What grounds for a charge do you need for a Part 1 offence?
Belief
What are the two options an officer can serve once completing a Certificate of Offence
Offence Notice or Summons
What is the 3 step process for a Part 1?
-What are the time limits for each?
Issue, Serve, File
30-30-7(or within 7 days - ASAP)
When do you sign the Certificate of Offence when serving an Offence Notice?
After serving
What is the max set fine for Part 1 for adults and youth?
$1000 for adults
$300 for young person
What grounds do you need to charge for Part 3?
Reasonable and Probable Grounds (RPG)
What are the 3 options for the defendant to choose once served offence notice?
Early resolution
Plea Guilty
Trial
If charging a young person what can you only issue them?
A summons / Notice to Parents
How must a Part 1 Offence Notice or Summons be served?
Personally
When is a form 104 issued?
At or near the time of the offence
When is a form 106 issued?
After the time of the offence (investigation)
What must be sworn to when serving a Part 3 Summons?
Affidavit of Service
What are your arrest or search authorities under the Residential Tenancies Act?
None
What is the purpose of the RTA?
To ensure the rights, obligations and responsibilities between
landlords and tenants are clearly understood
Balance the power between landlords and their tenants “security of tenure”
What are the two regimes under the RTA?
Civil (Landlord and Tenant Board)
Compliance (Enforcement)
Enforced under Part III of the POA
Role of Police under the RTA?
o Keep the peace
o Remain objective
o Avoid giving legal advise
o Ensure safety of persons and protection of property
o Ask to see any pertinent documents
o Provide referrals
o Police evidence may be required at tribunals
o Police may lay charges under Part III HOWEVER, should contact IEU
Purpose of Land Lord and Tenancy Board?
o Resolves disputes regarding rights and responsibilities, rent increases, evictions and privacy issues
Purpose of MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING
o Investigation and Enforcement Unit – responsible for compliance and enforcement under the RTA
o Good idea to contact them if considering charges under the RTA
Places where there are EXEMPTIONS TO RTA
o Hotels – when used as transient accommodation o Employment occupancy o Non-profit/cooperative housing o Roommate of tenant o Nursing homes o Shared occupancy o Educational, correctional occupancy
LANDLORDS RIGHT TO ENTER (with or without notice)
Can between 8am and 8pm only if 24hrs written notice has been given to tenant
Notice must set out reason for the entry, date and time of entry
Without notice on consent or in emergency
May enter without notice to show unit if
• Notice of termination was given
• Entry between 0800 – 2000hrs
• Makes reasonable effort to inform
• Repair or replacement
• Carry out health, safety housing or maintenance inspection
How may a landlord evict under the RTA?
EVICTIONS UNDER THE ACT
Landlord may apply for eviction after given notice of termination
Landlord may apply immediately for eviction unless otherwise provided in Act
Order enforced by Sheriff Office
Police may be called to assist Sheriff
o Tenant has 72 hours following the eviction by Sheriff to retrieve belongs between 0800-2000hrs
What are the 5 steps to lawful eviction under the RTA?
RTA: STEPS FOR LAWFUL EVICTION
- Serve Tenant valid “Notice of Termination”
- Apply to L&T Board for “Eviction Order”
- Serve tenant with Application and Notice of Hearing
- Obtain an “Eviction Order” from L&T Board
- Deliver order to Sheriff to enforce
Termination Notices RTA work in progress
TERMINATION NOTICES
o No notice needed if agreed between Landlord and Tenant
o Period notice:
Daily/weekly tenancy – 28 days Monthly/Yearly – 60 days
Explain the process for abandoned property under the RTA.
If property is abandoned what must the Landlord obtain to dispose of property and how much notice must be given to tenant and the board?
Not abandoned If:
• There are no arrears of rent or
• There is no substantial evidence of abandonment
Landlord cant dispose of property if abandoned unless first obtained an Order from the Board or give 30 days notice to tenant and to the Board
What is the definition of Liquor (LLA)
spirits, wine, beer, any combination, includes any alcohol suitable for human consumption
What is the definition of Alcohol?
a product of fermentation or distillation of grains, fruits or other agricultural products. Includes synthetic ethyl alcohol
What is the definition of Beer?
beverage containing alcohol I excess of prescribed amount obtained by fermentation of barley, malt or hops – 0.5 of 1% V/V
What is the definition of Wine?
any beverage containing alcohol I excess of prescribed amount obtained fermentation of natural fruit sugars – 0.5 of 1% V/V
What is the definition of Spirits?
Distillation of any beverage containing alcohol obtained by distillation
What specific section of the LLA deals with purchasing from Government stores or persons authorized by license or permit?
s. 27 LLA – PURCHASE
No person shall purchase liquor except from
• Government Store
• Person authorized by licence or permit
What does S. 27 of the LLA describe?
PURCHASE
No person shall purchase liquor except from
• Government Store
• Person authorized by licence or permit
What section of the LLA deals with unlawful consumption?
s. 33(a) LLA – UNLAWFUL CONSUMPTON
o No person shall
Drink alcohol in a form that is not liquor
What does Section 33(a) of the LLA describe?
s. 33(a) LLA – UNLAWFUL CONSUMPTON
o No person shall
Drink alcohol in a form that is not liquor
What section of the LLA deals with unlawful supply?
s. 33(b) LLA – UNLAWFUL SUPPLY s. 33(b) LLA
o No person shall
Supply alcohol in a form that is not liquor
Knowing that the other person intends to drink it
What does Section 33(b) of the LLA describe?
s. 33(b) LLA – UNLAWFUL SUPPLY s. 33(b) LLA
o No person shall
Supply alcohol in a form that is not liquor
Knowing that the other person intends to drink it
What section of the LLA deals with Sell/Supply of Persons under 19?
s. 30(1) LLA – SELL/SUPPLY PERSON UNDER 19 No person shall • Knowingly • Sell or supply liquor • To a person under 19
What does Section 30(1) of the LLA describe?
s. 30(1) LLA – SELL/SUPPLY PERSON UNDER 19 No person shall • Knowingly • Sell or supply liquor • To a person under 19
What section of the LLA deals with Persons appearing under 19?
s. 30(2) LLA – APPEARS TO BE 19 OR UNDER
No person shall
• Sell/supply liquor
• To a person who appears to be under 19
What does Section 30(2) of the LLA describe?
s. 30(2) LLA – APPEARS TO BE 19 OR UNDER
No person shall
• Sell/supply liquor
• To a person who appears to be under 19
What section(s) of the LLA deals with licensee’s restrictions of persons under 19 and appearing 19 in their premises
s. 30(3) LLA – LICENSEE PERMIT UNDER 19 No licensee/employee/agent of a licensee shall • Knowingly • Permit a person under 19 • To have or consume liquor • In the licensee’s licensed premises
s. 30(4) LLA – LICENSEE APPARENTLY UNDER 19 No licensee/employee/agent shall permit • Person appears under 19 • To have or consume liquor • In the licensee’s licensed premises
What does Section 30(3) and 30(4) of the LLA describe?
s. 30(3) LLA – LICENSEE PERMIT UNDER 19 No licensee/employee/agent of a licensee shall • Knowingly • Permit a person under 19 • To have or consume liquor • In the licensee’s licensed premises
s. 30(4) LLA – LICENSEE APPARENTLY UNDER 19 No licensee/employee/agent shall permit • Person appears under 19 • To have or consume liquor • In the licensee’s licensed premises
What onus is the LLA Licensee holder before serving?
ONUS:
Licence holder shall ensure • Before liquor is sold or served • To person apparently under 19 • An item of identification is inspected (O. Reg. 719 s. 41(1)LLA)
What are the limitations for offences under the LLA?
Generally 2 years after offence
1 year for furnishing false info in an application
List all acceptable ID’s for the LLA (4)
PRESCRIBED ID Driver’s Licence (Ontario) Passport Citizenship Card with photo (Canadian) Permanent Resident Card Photo ID under the Photo Card Act
What does Section 30(8) of the LLA describe? and what acronym is used to remember it?
s. 30(8) LLA – UNDER 19 OFFENCES (POACH) o No person under 19 shall, Purchase Obtain otherwise Attempt to purchase Consume Have …..liquor
Describe the Employee Exemption for a young person under 19 working on premise with alcohol
Employee possession – person 18 may be in possession of liquor during the course of employment on premises
Define Possession / Have under the LLA.
Knowledge, consent and control
Under the LLA what is the Parental Exemption and what section under the LLA deals with parental exemption?
s. 30(13) LLA - PARENTAL EXEMPTION
Supplying of liquor
• To person under 19
• In a residence or in a private place
• By a parent of the person or a person having lawful custody (not a baby sitter)
Consumption of liquor
• By a person who is supplied liquor (does not have to stay)
• If the liquor is consumed at the place where it is supplied
Define Residence under the LLA and which section deals with Residence
s. 31(1) LLA - RESIDENCE
Place actually occupied and used as dwelling Whether or not in common with other persons
Including all premises used in conjunction which the general public is not invited or permitted access
A tent, including the land immediately adjacent to and used in conjunction with tent (final exam question)
Which section of the LLA deals with Detoxification?
s. 36(1) LLA – DETOXIFICATION CENTRE
o Police Officer
o Finds a person apparently in contravention of s. 31(4) LLA
o May in lieu of laying an information
o Escort the person to a hospital designated by the regulations (O. REG 790/93, s. 2)
Under the the POA what section deals with Use of force?
s. 146 POA – Use of Force
Provides justification
Police on reasonable and probable grounds
May use force as is necessary
To do what is required or authorized by law
Consider the nature of offence and only use as much force as is necessary
Be prepared to justify (more of a shield, not a sword)
Define the 3 categories of a “Private Place”. What is required?
- INDOOR PLACE
Public is not ordinarily invited or permitted Not indoor place that is available for rent - MOTOR VEHICLE
Used as a residence Sleeping accommodation Cooking facilities Parked and off highway - BOAT/VESSEL
Permanent sleeping accommodations
Permanent Cooking and Sanitary facilities
Anchored or is secured to the dock or land (moored)
Land or dock that boat is secured to can be private place if public is not ordinarily invited or permitted
What section of the LLA deals with Intoxication? And under what 2 sections do you have arrest authority?
s. 31(4) LLA – INTOXICATED
o No person
Shall be in an intoxicated condition
In a place to which the general public is invited or permitted access
OR
In any part of a residence that is used in common by persons
occupying more than one dwelling in the residence
ARREST AUTHORITIES MUST BE FINDS COMMITTING:
- s. 35 (5) LLA - Intoxication in Public place or Common area (3 Part Test)
- Intoxicated by alcohol, AND
- Is in a public place or common are, AND
- Arrest is necessary for the safety of any persons. 48 LLA - Fail to Identify (2 Part Test)
- Finds a person apparently in contravention of this Act,
AND - Fails to give his or her name and address OR on reasonable grounds to believe
Define intoxication and if possible what specific case law is in relation to it? (LLA)
INTOXICATION (Case Law – Desbiens vs. The king)
A condition whereby a person no longer has the use of all his/her intellectual or physical abilities
What two arrest authorities do you have when dealing with intoxication?
ARREST AUTHORITIES MUST BE FINDS COMMITTING:
- s. 35 (5) LLA - Intoxication in Public place or Common area (3 Part Test)
- Intoxicated by alcohol, AND
- Is in a public place or common are, AND
- Arrest is necessary for the safety of any persons. 48 LLA - Fail to Identify (2 Part Test)
- Finds a person apparently in contravention of this Act,
AND - Fails to give his or her name and address OR on reasonable grounds to believe
What does Section 30(12) LLA detail?
s. 30(12) LLA - IMPROPER DOCUMENTATION
No person shall
Present as evidence of their age Any documentation
Other than doc. That was lawfully issued to him or her
What does 31(2) of the LLA describe?
s. 31(2) LLA – UNLAWFUL POSSESSION/CONSUMPTION
No person shall have or consume liquor in any place other than a
1. Residence
2. Premises with a licence or permit issued
3. Private place
Define what a container is via LLA
“Container” – means the actual container of the liquid, not outer packaging
What does Section 32(1) of the LLA describe?
s. 32(1) LLA – UNLAWFUL CONVEYANCE Motor Vehicle:
No person shall:
Drive or have the care or control
Motor vehicle or motorized snow vehicle Whether it is in motion or not
While there is contained in the vehicle any liquor
Except under the authority of a licence or permit
What are the Motor Vehicle exemptions for liquor in the vehicle?
Motor Vehicle Exemption (2):
Does not apply if the liquor in the vehicle is
In a container that is unopened and the seal unbroken OR
Is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle
If container unopened/seal unbroken May be anywhere
If container closed/seal broken
Packed in baggage that is fastened closed OR
Be otherwise not readily available to any person in the vehicle
Define what “underway” means under the LLA
“Underway” – not tied to the dock or land, at anchor or aground. Does not require the motor to be running – drifting is still underway
What are the exemptions of liquor on a Boat?
Boat exemption (4):
o Does not apply if the liquor in the boat is
In a container that is unopened and the seal unbroken OR
Is stored in a closed compartment Container unopened/seal unbroken Maybe anywhere
Container closed/seal broken
Must be in a closed compartment (does not need to be locked)
What section of the LLA do you have search authority?
s. 32(5) LLA – SEARCH (WHAT MADE YOU HAVE GROUNDS? WRITE IN NOTES!)
Police officer who has reasonable grounds to believe That liquor is being unlawfully kept
In a motor vehicle or boat
May at any time, without a warrant
Enter and search
The motor vehicle or boat and
Any person found IN it
What does section 32(5) detail in the LLA?
s. 32(5) LLA – SEARCH (WHAT MADE YOU HAVE GROUNDS? WRITE IN NOTES!)
Police officer who has reasonable grounds to believe That liquor is being unlawfully kept
In a motor vehicle or boat
May at any time, without a warrant
Enter and search
The motor vehicle or boat and
Any person found IN it
Define person according to the LLA and how does this relate to your search authority?
“Person” – any occupant of the vehicle or boat
**Only search a person authority under the LLA other that Search Incident to Arrest
What section of the LLA deals with Seizure?
s.47(1) LLA – SEIZURE
o Police officer may seize any thing, including liquor, if:
• Evidence of an offence
• Reasonably believes that,
o Used in connection with an offence under LLA, AND
o Unless it is seized would continue to be used or used again
in an offence
• Includes proceeds of an offence
What section does 47(1) detail in the LLA?
s.47(1) LLA – SEIZURE
o Police officer may seize any thing, including liquor, if:
• Evidence of an offence
• Reasonably believes that,
o Used in connection with an offence under LLA, AND
o Unless it is seized would continue to be used or used again
in an offence
• Includes proceeds of an offence
What section of the LLA deals with Inspection Authorities?
s.44(1) LLA – LLA INSPECTION AUHTORITIES
For ensuring compliance may:
Enter any place at reasonable time Request document or things relevant
Inspect and upon receipt, remove documents or things relevant
s.s 44(2) LLA
Does not confer power to enter dwelling without consent
What does section 44(1) of the LLA detail?
s.44(1) LLA – LLA INSPECTION AUHTORITIES
For ensuring compliance may:
Enter any place at reasonable time Request document or things relevant
Inspect and upon receipt, remove documents or things relevant
s.s 44(2) LLA
Does not confer power to enter dwelling without consent
What section of the LLA deals with Inspection Warrant?
s.44(3) LLA – LLA INSPECTION WARRANT
Justice may issue warrant authorizing person named to:
Enter, inspect documents and remove documents, upon issuing receipt
Search for and seize document or thing relevant Enter and search dwelling
Section 44(3) of the LLA describes what?
s.44(3) LLA – LLA INSPECTION WARRANT
Justice may issue warrant authorizing person named to:
Enter, inspect documents and remove documents, upon issuing receipt
Search for and seize document or thing relevant Enter and search dwelling
What regulation allows officers to enter behind the bar in the LLA?
ACCESS-LICENSED PREMISES
No person shall enter behind the bar unless the person is …. a police
officer
O. Reg. 719, s.s 44(1)
Licence holder shall ensure police officers are given access to areas
under exclusive control of the licence holder O. Reg. 719, s.s 44(2)
Which section of the POA handles Warrant to Search?
s. 158 POA - WARRANT TO SEARCH
o Authorizes the issuance of a search warrant:
o Information on oath before a justice
o Applies to most provincial statutes
o Application to search any building, receptacle or place
What does Section 158 describe in the POA?
s. 158 POA - WARRANT TO SEARCH
o Authorizes the issuance of a search warrant:
o Information on oath before a justice
o Applies to most provincial statutes
o Application to search any building, receptacle or place
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Define what a premises is under the TPA
PREMISES:
TRESPASS TO PROPERTY ACT
s. 1(1)
Lands and structures Includes:
- Water
- Ships/vessels
- Trailer/portable structures
- Trains/railcars/vehicles/aircraft – except while in operation
Define what an occupier is under the TPA
OCCUPIER:
Physical possession of premises
Responsibility for control over premises/activities
How can notice be given defined under the TPA?
Can be:
Orally or in writing
By signs – clearly visible in daylight at each point of entry By marking system
What section of the TPA describes Implied Permission?
IMPLIED PERMISSION s. 3(2) TPA
Access for lawful purpose
What are the 3 most common charges under TPA? What section?
CHARGES UNDER TPA s. 2 (1) TPA
s. 2(1)(a)(i) – Enter Premises when Entry Prohibited
s. 2(1)(a)(ii) – Engaging in Prohibited Activity
s. 2(1)(b) – Fail to Leave When Directed
What are the Onus’ when dealing with TPA?
ONUS
o Reverse Onus
Person charged must prove they had lawful right
o Colour of Right
Reasonable belief had title or interest to premises / property
o Motor vehicle
• Owner liable unless taken without consent or driver is ID
What section deals with arrest powers in the TPA? (2)
And what grounds do you need for arrest under POA?
ARREST POWERS
On Premises (s. 9(1) TPA):
o Police, Occupier or Authorized Agent (P,O,A)
o May arrest on reasonable & probable grounds
o Breach of s. 2 (Enter, Engage, Refused)
o If occupier or agent makes arrest, they must promptly call & turn over to a police officer
Off Premises (s. 10 TPA):
A police officer may arrest
On reasonable & probable grounds a person has contravened s. 2 AND
Made a fresh departure AND
Person refuses to identify or on reasonable & probable grounds identify is false
What does Section 146 of the POA relate to?
USE OF FORCE
Section 146 POA
- Provides justification
o Police on R&PG
o May use force as is necessary
o To do what is required or authorized by law
- Consider the nature of the offence and use only as much force as is necessary
Describe the arrest authorities under section 9(1) and section 10. How do they differ? TPA
On Premises (s. 9(1) TPA):
o Police, Occupier or Authorized Agent (P,O,A)
o May arrest on reasonable & probable grounds
o Breach of s. 2 (Enter, Engage, Refused)
o If occupier or agent makes arrest, they must promptly call & turn over to a police officer
Off Premises (s. 10 TPA):
A police officer may arrest
On reasonable & probable grounds a person has contravened s. 2 AND
Made a fresh departure AND
Person refuses to identify or on reasonable & probable grounds identify is false
Define residence
Place actually occupied and used as dwelling Whether or not in common with other persons
Including all premises used in conjunction which the general public is not invited or permitted access
A tent, including the land immediately adjacent to and used in conjunction with tent (final exam question)
PRIER
Public Safety Repetition Identity Evidence Residence
