Provincial Law Flashcards
What are the three steps to handle a Provincial Offence? What do you have to do in each step? What is the time limit on each of these steps?
Issue (within 30 days): Must fill in a snap set ticket form (the “certificate of offence”
Service (within 30 days): Must personally deliver or serve a defendant the completed “offence notice” copy or summons
File (within 7 days): Once Service is complete, must sign “certificate of offence” and file with the office of the court
What determines if you charge someone under Part I or Part III of the Offences Act?
Seriousness
Consequences
Circumstances
What are the two ways “Commencement of Proceedings” can happen? When do you use one or the other?
1) when the certificate of offence (the ticket) is filed in the officer of the court (use for a Part I)
2) When an information (a charge) is laid before a Justice (use for a Part III)
What is the provincial version of PRICES?
PRIER
P - Public interest
R - Repeat
I - Identity
E - Evidence
R - Residence (200km? Resides outside Ontario?)
(no Court, no Safety of Victim/Witnesses, but adds Residence)
What must you have to commence proceedings under Part I of the POA? What is different about doing the same under Part III?
Part I: A belief that an offence has been committed
(REASONABLE GROUNDS not required)
Part III: MUST HAVE RPG
Part I needs just ONE word. Part III needs THREE words. :)
How can a different officer than the issuing officer service a Part I certificate of offence?
Complete the Affidavit of Service on the back of the certificate
What are the two ways to handle a Part I offence?
- Offence notice
2. Summons
What are the requirements to use an Offence Notice for a Part I offence?
- Must be personally served within 30 DAYS from offence date
- Must have a set Fine, not exceeding $1000, not including the surcharge
- Must not have imprisonment
- Cannot be used for Young Person
- Must submit to court within 7 days
What are the requirements to use a Summons for a Part I offence?
- Must be personally served within 30 DAYS from offence date
- Requires a court appearance
- Must not have imprisonment
- Must be submitted to court within 7 days
- Fine must be less then $1000 for adult, and $300 for a young person
What is the definition of a Young Person in the POA
12-15 years OR a person 16 or older who was charged with committing an offence while 12-15.
What is the maximum fine for a YP for a Part I SUMMONS in the POA?
$300 — Cannot issue an offence notice to a young person
What is a Notice to Parent?
Offence Notice served to the parent of a child who has been issued a Part I Summons
When do you use a Part III Information? (form 105) Who can use it?
Use for more serious offences
Can be used for less serious offences if it goes beyond the time limitation under Part I (more than 30 days)
Must have NO SET FINE - Use for Fines over $1000 and/or imprisonment
Must have RPG
Can be made by ANYONE
You have 6 months to LAY the charge (not time to service) unless a provincial statute (rule) says otherwise
When should you use a Short Form 104 Summons?
When the person is at or near the place of the offence
For serious offences
How do you issue a Short Form 104 Summons?
Must be issued BEFORE Information (Form 105) is sworn
Must be sworn on the back (i.e. Affidavit of Service)
Must be submitted ASAP or before the court date
Summons is confirmed by the Justice
When should you use a Long Form 106 Summons?
After the offence has already happened
YOU will not directly create this form because it will be issued by a Justice when ANYONE swears to an Information (form 105)
You may need to serve the form
Can be served my mail if the person does not live in the province
Affidavit of Service is sworn AFTER the summons is served.
What makes someone a Provincial Offences Officer?
The person or police officer must be designated under subsection 1(3).
When serving a Long Form 106 Summons, how and to whom can it be served?
For people IN the province: Must be served personally to the defendant, their legal representation, or a person who APPEARS 16 or more, at the defendant’s last known address or usual place, if not found.
For people NOT IN the province: Can be served by mail.
How do you commence a proceeding for a Part III offence?
Lay an information
How do you commence a proceeding for a Part I offence?
FILE a certificate of offence to the court
How long to you have to lay a charge for a Part III offence?
Up to 6 months after the date of offence
Who can lay an information under Part III?
anyone
What is the role of the police in the Residential Tenancies Act?
KOREA Keep the peace remain Objective Avoid giving legal advice Ensure safety of persons and protection of property Ask to see pertinent documents
Provide referrals
Provide Evidence at tribunals if required
Lay Charges under Part III if required, but should contact Investigation and Enforcement Unit (IEU)
What are the exceptions to the Residential Tenancies Act?
SHENNER Shared occupancy Hotels (unless they live there permanently) Employment occupancy Nursing home Non-profit/cooperative housing Educational/correctional occupancy Roommate of tenant
When can a landlord enter a property WITH notice? When must notice be given, and what has to be on it?
Between 8am and 8pm with 24 hours of WRITTEN notice
Notice must state reason for entry, date, and time of entry
When can a landlord enter a property WITHOUT notice if they are not NOT showing the unit? (4 reasons)
1) With the tenant’s consent
2) In an emergency
3) Repair or replacement
4) Carry out health, safety housing, or maintenance inspection
When can a landlord enter a property WITHOUT notice if they ARE showing the unit? (3 reasons)
1) Notice of termination was given
2) Entry is between 8am and 8pm (0800-2000h)
3) A reasonable effort was made to inform
Who handles investigation of alleged offences under the Residential Tenancies Act?
Enforcement and Investigations Unit of the Ministry of Municipal Affairs and Housing
Who enforces Evictions under the Residential Tenancies Act?
The Sheriff Office
The police may be called to assist the Sheriff
How long does a tenant have to retrieve their belongings after eviction by the Sheriff?
72 hours between the hours of 8am and 8pm
What are the 5 steps for lawful eviction?
- Serve tenant valid “Notice of Termination”
- Apply to Landlord and Tenant board for “Eviction Order”
- Serve tenant with Application and Notice of Hearing
- Obtain an “Eviction Order” from Landlord and Tenant Board
- Deliver Order to Sheriff
How much notice does a tenant have to give their landlord to terminate their rental agreement?
- No notice needed if both agree to terminate
- 28 days if lease is daily or weekly
- 60 days if lease of monthly or yearly
What 5 things can a landlord NOT do in a dispute?
- Cannot withhold vital services (e.g. heat)
- Cannot seize tenant’s property
- Cannot supercede any provisions of the RTA in the lease/contract
- Cannot change the locks without giving the tenant keys
Note: Tenants may not change locks without permission from landlord
What is the definition of liquor?
spirits, wine, beer, any combination of those. 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?
any beverage containing alcohol obtained by fermentation of barley, malt or hops greater than 0.5/1% V/V (volume per volume)
What is the definition of wine?
any beverage containing alcohol obtained by fermentation of natural fruit sugars greater than 0.5/1% V/V (volume per volume)
What is the definition of spirits?
Distillation of any beverage containing alcohol obtained by distillation