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Ontario Police College (OPC) > PROVINCIAL STATUTES > Flashcards

PROVINCIAL STATUTES Flashcards

1
Q

T/F: A certificate of offence under Part 1 can only be issued by a provincial offences officer.

A

TRUE

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2
Q

If there is no short-form wording for a particular offence you should…

a) Write out the full information of the offence
b) Contact your supervisor for more information
c) Write the section number only
d) Make wording sufficient to describe the offence

A

d) Make wording sufficient to describe the offence

Sections 13 and 25 of the POA gives this authority.

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3
Q

Provincial Law covers _________ type offences that have long been viewed as “public welfare offences” meant to protect society as a whole.

a) relative
b) regulatory
c) related
c) reserve

A

b) regulatory

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4
Q

Which of the following is NOT a Provincial Act?

a) Mental Health Act
b) Liquor Licence Act
c) Controlled Drugs and Substances Act
d) Family Law Act

A

c) Controlled Drugs and Substances Act

Federal Statute

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5
Q

T/F: The POA definition of “Police Officer” includes special constables and by-law officers.

A

FALSE

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6
Q

Which of the following is corrected according to the POA?

a) The accused was charged with a violation under the Highway Traffic Act
b) The suspect was charged with a violation under the Highway Traffic Act
c) The criminal was charged with a violation under the Highway Traffic Act
d) The defendant was charged with a violation under the Highway Traffic Act

A

d) The defendant was charged with a violation under the Highway Traffic Act

In the POA, the term defendant is used in regards to someone who has/is believed to have violated an offence.

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7
Q

What ages are included in the POA definition of “young person”?

a) 12-17
b) 12-16
c) 12-15
d) 12-19

A

c) 12-15yrs

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8
Q

How many days do you have to serve a Part 1 Offence Notice?

a) 30 days
b) 7 days
c) 15 days
d) 6 months

A

a) 30 days

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9
Q

Do you always have to issue a Part 1 for less serious offences?

A

No, it is important to take into account SCC.

Seriousness

Consequences

Circumstances

(i.e., is this the persons 13th time speeding 30 kmh over? … maybe they’re not getting it)

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10
Q

When have proceedings formally commenced in relation to a Part 1 Offence Notice?

a) Once it has been filed in the office of the court
b) Within 7 days of being served to the defendant
c) After 15 days and no option has been selected
d) Once you have separately signed the defendants copy of the offence notice

A

a) Once it has been filed in the office of the court

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11
Q

The grouds for a charge in regards to Part 1 of the POA are…

a) reasonable and probable grounds
b) suspicion
c) articuable cause
d) belief

A

d) belief

POA Part 1 requires a belief that an offence has been committed.

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12
Q

What do you do if the fine for a Part 1 Offence exceeds $1000 total?

a) Calculate the proper amount and issue the offence notice
b) Complete the pink summons form, provide it to the defendant and inform them of their court date
c) Consult Gandalf at the Council of Elrond
d) Take the defendant to the station so the Officer-in-Charge can release them on a Part 3

A

b) Complete the pink summons form, provide it to the defendant and inform them of their court date

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13
Q

When must you file an Offence Notice that has been served to the defendant?

a) no later than 30 days
b) no later than 15 days
c) no later than 10 days
d) no later than 7 days

A

d) 7 days

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14
Q

When proceeding with charges against a ‘young person’ under Part 1 of the Provincial Offences Act, if found guilty, the maximum fine a Justice can impose in court is:

a) $500
b) $1000
c) $300
d) $250

A

C - $300

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15
Q

A ‘young person’ according to the Provincial Offences Act is defined as:

a) 10 years to under 16 years of age
b) 12 years but under 16 years of age
c) 12 years to under 18 years of age
d) 10 years but under 18 years of age

A

B - 12 years but under 16 years of age

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16
Q

After serving a defendant with a Part 1 offence notice or summons, the Provincial Offences Officer must file the certificate of offence at the court __________ after service of the offence notice or summons.

a) as soon as is practicable but no later than 30 days
b) as soon as is practicable but no later than 7 days
c) within 15 days
d) within 7 days

A

B - as soon as is practicable butt no later than 7 days

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17
Q

To commence proceedings under Part 1 of the Provincial Offences Act, a Provincial Offences Officer requires __________ that an offence has been committed.

a) reasonable and probable grounds
b) a reasonable belief
c) reasonable grounds
d) a belief

A

D - a belief

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18
Q

Provincial Offences Officer means:

a) A chief of police or other police officer but does not include a special constable or by-law enforcement officer
b) A police officer
c) A police officer or a person designated under subsection 1(3)
d) A police officer designated by the Government of Ontario

A

C - A police officer or a person designated under subsection 1(3)

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19
Q

A provincial offences officer must have __________ to commence proceedings under Part 3 of the Provincial Offences Act.

a) Belief that an offence has been committed
b) Reasonable and probable grounds to believe an offence has been committed
c) Permission from a supervisor
d) Suspicion that an offence has been committed

A

B - Reasonable and probable grounds to believe an offence has been committed

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20
Q

According to Part 3 of the Provincial Offences Act, proceedings are commenced by:

a) laying an information
b) seeking approval of the court clerk
c) Issuing a summons
d) Preparing a certificate of offence

A

A - laying an information

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21
Q

Pursuant to Part 3 of the Provincial Offences Act, a provincial offences officer has __________ to commence a proceeding (lay a charge).

a) 30 days
b) up to 45 days after the date of offence or as prescribed in specific legislation
c) up to 6 months after the date of offence or as prescribed in specific legislation
d) 60 days

A

C - up to 6 months after the date of offence or as prescribed in specific legislation

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22
Q

Who may lay an information under Part 3 of the Provincial Offences Act?

a) only a justice
b) anyone
c) only a Police Officer
d) only a Provincial Offences Officer

A

B - anyone

23
Q

A Part 3 long form summons can be served on the person named by leaving it at their last known address or place of abode with someone who is or appears to be at least:

a) 16 years of age
b) 19 years of age
c) 21 years of age
d) 18 years of age

A

A - 16 years of age

24
Q

Which of the following is NOT a provincial offences officer?

a) A pilot in command of an aircraft
b) A municipal law enforcement officer
c) A by-law offeicer
d) A police officer

A

a) A pilot in command of an aircraft

25
Q

What is the maximum fine and jail time amounts for Part 1 POA proceedings?

A

$1000 FINE

NO JAIL TIME

POA 12(1)

26
Q

When shoul you sign a Provincial Offences Notice?

A

After completing it and just prior to service to the defendant.

27
Q

If you charge someone under the POA and there are no established short form wordings, what should you do?

A

Use wording sufficient enough to give the defendant notice of the offence with which they are charged.

POA 13(3) and 25(4)

28
Q

Joe serves a speeding ticket on a defendant at the end of his shift just before starting his 14-day vacation. When he comes back he files the ticket because he didn’t want to have to wait to go home at the end of his last shift. Whatt is the issue here?

A

Joe is required to file the Provincial Offences Notice as soon as practicable but no later than 7 days after issuance.

29
Q

Shane responds to a call of an accident where the driver ran up onto the curb and struck a small display a shop owner had in front of their store destroying all the merchandise on display. The driver failed to remain at the scene but the owner was able to record down the licence plate of the vehicle. Two days later on your next shift you are able to track down the vehicle and its owner who admits over the phone that they were in a hurry and couldn’t stop. How do you proceed?

a) Issue a Short Form 104 Summons for the offence of Fail to Remain
b) Issue a Long Form 106 Summons for the offence of Fail to Remain
c) Issue a Long Form 106 Summons for the offence of Fail to Report Damages
d) Issue a Short Form 104 Summons for the offence of Fail to Report Damages

A

b) Issue a Long Form 106 Summons for the offence of Fail to Remain

30
Q

What are the requirements under the POA to issue a summons prior to laying an information?

A

Reasonable and probable grounds

At or near place where offence was committed

31
Q

Can you serve a Part 1 Provincial Offence Notice and change it after the fact if the circumstances of the offence change?

A

No, unless approved by attorney general.

32
Q

Can you file multiple counts and offences together on the same information?

A

Yes

POA 25(5)

33
Q

You arrest someone for a Provincial Offences Act offence and find out they are a resident of Alberta. You believe that if released they will not respond to a summons issued to them so you decide NOT to release them. What should you then do if you come to this conclusion?

A

Deliver the defendant to the officer-in-charge.

POA 149(2)

34
Q

What are the maximum sureties you can release someone on under the POA if you are holding them because they are normally an out of province resident?

a) Part 1 $200 and Part 3 $1000
b) Part 1 $300 and Part 3 $500
c) Part 1 $500 and Part 3 $1000
d) Part 1 $1000 and Part 3 $5000

A

b) Part 1 $300 and Part 3 $500

POA 149(3)

35
Q

The role of hte police when responding to disputes under the Residential Tenancies Act is:

a) Keep the peace, remain objective, avoid giving legal advice and make referrals
b) Keep the peace, remain objective, and lay appropriate charges
c) To investigate all complaints and issue appropriate warnings as required
d) To investigate all complaints and lay appropriate charges

A

a) Keep the peace, remain objective, avoid giving legal advice and make referrals

36
Q

Under the RTA a landlord may without written notice enter a rental unit to show if:

a) Notice of termination is given/agreed, between the hours of 8:00AM and 8:00PM, and the landlord has made reasonable efforts to inform the tenant.
b) A notice of termination has not be received.
c) Notice of termination is given/agreed, between the hours of 6:00AM and 6:00PM and the landlord has made reasonable efforts to inform the tenant.
d) Only between the hours of 8:00AM and 11:00PM.

A

a) Notice of termination is given/agreed, between the hours of 8:00AM and 8:00PM, and the landlord has made reasonable efforts to inform the tenant.

37
Q

Under the RTA a landlord who has identified a tenant as being behind in the rental payments can lawfully do which of the following:

a) retain the property of the tenant, withhold services, change locks
b) serve the tenant with a notice of termination of the tenancy
c) change locks, seize tenants property, call tenants employer
d) seize tenants vehicle, suspend hydro to unit, change locks

A

b) serve the tenant with a notice of termination of the tenancy

38
Q

Alleged offences under the Residential Tenancies Act are investigated by:

a) Ministry of Municipal Affairs and Housing when considering charges under the RTA.
b) The local municipal housing authority
c) Only the police agency of jurisdiction
d) The Rent Review Tribunal

A

a) Ministry of Municipal Affairs and Housing when considering charges under the RTA

39
Q

The Residential Tenancies Act allows entry under which of the following circumstances:

a) Only in emergencies when tenant is present
b) 24 hours written notice to the tenant
c) At any time the landlord is working
d) Only when the tenant is present

A

b) 24 hours written notice to the tenant

40
Q

The definition of “alcohol” under the Liquor Licence Act is:

a) product of fermentation or distillation of grains, fruits or other algricultural products and includes synthetic ethyl alcohol
b) any beverage containing alcohol in excess of the prescribed amount obtained by fermentation of the natural sugar contents of fruits
c) any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of malt and hops or of any similar products in drinkable water
d) spirits, wine, beer or any combination and includes any alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other matter

A

a) product of fermentation or distillation of grains, fruits or other agricultural products and includes synthetic ethyl alcohol

41
Q

The definition of “liquor” under the Liquor Licence and Control Act is:

a) product of fermentation or distillation of grains, fruits or other agricultural products and includes synthetic alcohol
b) spirits, wine, beer or any combination and inlcudes any alcohol in a form appropriate for human consumption
c) any beverage containing alcohol in excess of the prescribed amount obtained by the fermentation of malt and hops or of any similar products in drinkable water
d) any beverage containing alcohol in excess of the prescribed amount obtained by fermentation of the natural sugar contents of fruits

A

b) spirits, wine, beer or any combination and includes any alcohol in a form appropriate for human consumption

42
Q

No person shall have or consume liquor in any place other than:

a) in a residence or private place by a person supplied or person having lawful custody and the liquor is consumed at the place supplied
b) a residence, premnises in respect of which a licence or permit is issued or a private placed as defined in the regulation
c) in a public place by a parent having control and custody
d) in a restaurant when supplied by the parent of the person or person ahving lawful custody

A

b) a residence, premsises in respect of which a licence or permit is issued or a private place as defined in the regulation

43
Q

It is lawful to supply liquor to a person under 19 years of age when liquor is supplied:

a) in a restaurant when supplied by the parent of the person or person having lawful custody
b) in a public palce by a parent having control and custody
c) in a residence or private place by a parent of the person supplied or person having lawful custody and the liquor is consumed at the place supplied
d) in a residence or private place by a parent of the person supplied or person having lawful custody

A

c) in a residence or private place by a parent of the person supplied or person having lawfuly custody and the liquor is consumed at the place supplied

44
Q

No person under 19 years of age shall have, consume…

a) attempt to purchase, purchase, or otherwise obtain liquor
b) purchase, attempt to purchase or obtain beer, wine or spirits
c) sell, attempt to purhcase, purchase, or otherwise obtain liquor
d) purchase, attempt to purchase, or otherwise obtain beer

A

c) attempt to purchase, purchase, or otherwise obtain liquor

45
Q

If a police officer finds a person apparently in contravention of the Liquor Licence Act or its regulations, and the person refuses to identify his/her self, or the police officers believes the identification is false, the officer may:

a) arrest the person without warrant
b) apprehend and investigate further
c) issue a long form summons
d) seize all liquor as evidence

A

a) arrest the person without warrant

46
Q

A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities is a private place while the boat is:

a) at anchor or secured (i.e., moored) to the dock or land
b) under way on the water
c) at anchor with no sleeping, cooking or sanitary facilities
d) not running

A

a) at anchor or secured (i.e., moored) to the dock or land

47
Q

Which of the following is not considered identification as prescribed by the Liquor Licence Act:

a) photo card issued by the Liquor Control Board of Ontario
b) Canadian armed forces identification card
c) a driver’s licence issued by the province of Ontario
d) Ontario Health Card

A

d) Ontario Health Card

48
Q

A place that is actually occupied and used as a dwelling, whether or not in common with other persons including places to which general public is not invited or permitted access, and if place occupied is a tent, includes land immediately adjacent to used in conjunction with the tent is a ___________ under the Liquor Licence Act.

a) place
b) apartment complex
c) residence
d) licenced premise

A

c) residence

49
Q

No person shall be in an intoxicated condition in:

a) a place to which the general public is invited/permitted access with conditions
b) after 6:00PM in their dwelling
c) a public place or common area at any time
d) a provincial park camp site

A

c) a public place or common area at any time

50
Q

The condition(s) that must be present to arrest for intoxication are:

a) a person must be intoxicated and incapable of looking after themselves
b) a person must be intoxicated by any substance, anywhere, at night
c) a person must be intoxicated by alcohol, in a public place or common area, and a safety risk to self or others
d) a person must be intoxicated by consuming only ethyl alcohol`

A

c) a person must be intoxicated by alcohol, in a public place or common area, and a safety risk to self or others

51
Q

The condition(s) that must be present to arrest for intoxication are:

a) a closed container, seal unbroken - on the right front passenger seat
b) an open container - on the right rear floor
c) an open container carried by a rear passenger in a motor home while on the highway
d) a closed container, seal unbroken - on the passenger seat

A

a) a closed container, seal unbroken - on the right front passenger seat

52
Q

You stop a motor vehicle on patrol and approach the driver. You observe an open case of beer with (6) sealed bottles of beer and no other signs of open/consumed liquor. The best enforcement action is:

a) seize all liquor as evidence and charge the driver
b) no action since no offence has been committed
c) arrest and charge the driver for open liquor in the motor vehicle
d) arrest and search both the driver and the motor vehicle

A

b) no action since no offence has been committed

53
Q

Your search authority for persons under the Liquor Licence Act only applies when:

a) persons are located riding a bicycle with open package of liquor
b) persons are located in a place available for rental by the public
c) persons are found with open liquor in a public place or common area
d) persons are found in a motor vehicle or boat being lawfully searched for liquor

A

d) persons are found in a motor vehicle or boat being lawfully searched for liquor

54
Q

A youth under 19 years of age is observed by you with open liquor and fails to identify her/himself. The correct course of action is to:

a) warn the youth under the act and drive him/her home
b) arrest the youth for posession of liquor
c) arrest tthe youth for being in contravention of the act and failing to identify
d) arrest the youth for having open liquor in a public place

A

c) arrest he youth for being in contravention of the act and failining to identify

Ontario Police College (OPC) (5 decks)

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