Provincial Offences Review
Provincial Offences Cheat Sheet
For those who haven’t done the test yet (you know who you are).
All pages for further references given are for the Provincial Offences: Essential Tools for Law Enforcement (2nd Edition), 2008, by Dan Gilbert and Peter Maher, and do not include the ‘assignment pages’ within the book
Short Acronyms list:
RICE:
Reasonable Grounds
Identification
Courts
Evidence
Other notes:
Search powers:
When search powers are not listed within the act, a reliance upon Search Incident to Arrest is permitted.
Provincial Offences Act pp1-42
(POA)
Part I Offences
-most commonly used provision
-provides options for paying out of court, pleading guilty
with an explanation or requesting a trial
-three limits to using Part I
-must be served within 30 days of the offence
-jail is not an option if Part I used
-fines limited to $500 if Part I used
-the defendant must utilize one of the 3 options within 15 days of service
Penalty under Part 1: Maximum Fine of $500.00 (sec 12(1))
Part II Offences
-used for parking violations
-officer who has a personal belief that an infraction has occurred may:
-issue a certificate of parking infraction certifying that an offence has taken place, or
-issue a parking infraction notice indicating the set fine for the infraction
-service may be made personally, but Part II also authorizes service by placing notice on windshield of the vehicle
Part III Offences
-used most often for the most serious provincial offences
-must be used when jail may be sought by the prosecutor
- must be used when fine higher than $500 may be sought by the prosecutor
-must be used if more than 30 days have passed since the offence date
-Section 22 authorizes a personal service Part III summons, “on the spot” of the offence
Failure to respond to Offence Notice
Where at least 15 days have elapsed after the defendant was served with the offence notice, the defendant shall be deemed to not wish to dispute the charge and a justice shall process the notice in accordance with the Act.
Limitation Sec 76(1)
Proceedings shall not be commenced after the expiration of any limitation period prescribed by or under any act for the offence or, where no limitation period is prescribed, after six (6) months after the date on which the offence was, or is alleged to have committed.
Young Person
-a young person is defined as: anyone, who at the time of the offence, was 12 years of age or more, but less than 16 years of age
-identity of young persons charged under this Act can not be published
-notice to parent is required to be served when a young person is charged with an offence
-Part I offence notice not to be used, must be Part I or Part III summons, requiring appearance in court
Use of Force, Provincial Offences Act
146. (1) Every police officer is, if he or she acts on reasonable and probable grounds, justified in using as much force as is necessary to do what the officer is required or authorized by law to do.
Use of force by citizen
(2) Every person upon whom a police officer calls for assistance is justified in using as much force as he or she believes on reasonable and probable grounds is necessary to render such assistance.
Use of Force, Canadian Criminal Code
s25: Protection of persons acting under authority/idem/when not protected/when protected/power in case of escape from penitentiary
(1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private citizen
(b) as a peace officer or public officer,
(c) in aid of a peace officer or public officer, or
(d) by virtue of his office
is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
(2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence nonwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.
(3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grevious bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grevious bodily harm.
(4) A peace officer, and every person lawfuly assisting the peace officer, is justified in using force that is intended or is likely to cause death or grevious bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;
(b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;
(c) the person takes flight to avoid arrest;
(d) the peace officer or other person using the force believes on reasonable grounds that the force is necessart for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from immindent or future death or grevious bodily harm; and
(e) the flight cannot be prevented by reasonable means in a less violent manner
(5) A peace officer is justified in using force that is intended or is likel to cause death or grevious bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if
(a) the peace officeer belives on reasonbale grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and
(b) the escape cannot be prevented by reasonable means in a less violent manner
Arrest powers
None within the POA itself; some may be found in the individual statutes
(-section 145 does authorize anyone to arrest someone who is escaping from a police officer who has lawful authority to arrest that person, but the original arrest authority still needs to come from the individual Act)
Blind Persons’ Rights Act pp189-193
(BPRA)
Definitions
“blind person” means a person who because of blindness is dependent on a guide dog or white cane;
“guide dog” means a dog trained as a guide for a blind person and having the qualifications prescribed by the regulations.
Four offences:
s2(1) Discrimination of accommodation, service, or facility, due to a guide dog’s presence
–You can’t
Fine: Up to $5000
s2(2) Denying occupancy of self-contained accommodation due to a guide dog’s presence
–You also can’t
Fine: Up to $5000
s3 Use of a white cane by someone other than a blind person
–Just don’t. See also potential fraud artist
Fine: Up to $500
s4(3) Failing to return identification issued under this act
–When the attorney general of the province issues a request for its return
Fine: Up to $500
Arrest powers None
Search powers None
Use of Force No provisions. go to s25 C.C. or s146 POA for general provisions re: Use of Force
Limitation Period Doesn’t extend the general limitation period; limitation period remains at six months
Non-police agencies? None involved in enforcement – Canadian National Institute for the Blind (CNIB) may be a resource as expert witnesses and public informations, etc.
Fish and Wildlife Conservation Act (Not within either POA or PO:ETfLE)
Conservation Officers
s87(1)
The Minister may appoint a person or class of persons as conservation officers for the purpose of this Act.
Sec 87(2)
The following persons are conservation officers for the purposes of this Act by virtue of their office:
1. A police officer or First nations Constable appointed under the Police Services Act.
2. A member of the R.C.M.P.
3. A Game Officer designated under the Migratory Birds Conservation Act.
4. A Park Warden designated under the National Parks Act (Canada), if he or she is acting under the direction of a conservation officer appointed under subsection (1).
5. A person whose primary employment responsibility is the enforcement of fish and wildlife laws in, Manitoba, Quebec, Michigan, Minnesota, New York, Ohio, Pennsylvania or Wisconsin, if he or she is acting under the direction of a conservation officer appointed in subsection (1)
Sec 89(2)
On being signaled by a C.O. to stop, operator of a vehicle, boat or aircraft shall immediately produce for inspection any wildlife, invertebrate, fish, or document or other thing requested for the purpose of this Act.
Sec 90(1)
C.O. may enter and inspect any building or other place including:
- building or other places where licensees are issued
- building or other places that relates to wildlife, invertebrates, or fish
- building or other places that relates to hunting, trapping, or fishing
NOTE This does not apply to a place or building being used as a dwelling house.
Sec 90(4) Warrant for Dwelling
A J.P. may issue a warrant authorizing a C.O. to enter a dwelling house if satisfied with the information provided under oath
Sec 90(6)
Time of entry shall be made at the time that is reasonable in view of the activity that is being conducted in the building or other place.
Sec90 (7) Powers during Inspection
C.O. during inspection may:
- inspect wildlife, invertebrates, fish
- Inspect a document required to be kept under this Act, relating to wildlife, invertebrates, fish
- use or cause to used a computer to examine information contained on a computer system
- inspect any other thing that is in the building
- ask questions that may be relevant to the inspection
- conduct tests that may be relevant to the inspection
Sec 90(10) Removal
C.O. may remove any documents or things for the purpose of making copies or future inspection. Documents shall be returned promptly to the person
they were taken from.
Sec 91(1) Search with a Warrant
C.O. may obtain a warrant to search under Part VII of the P.O.A.
Sec 91(2) Search without a Warrant
If a C.O. believes there is anything in a building or any other place, that will afford evidence of an offence, and the time required to obtain a
search warrant would result in the loss of evidence, he/she may enter and search without a warrant.
Sec 91(3) Dwelling
Subsection (2) does not apply to a dwelling.
Sec 91(5) Necessary Force
C.O. may exercise as much force as is necessary in the execution of a search warrant or to exercise any authority given by this section.
Sec 92 (1) Seizures
C.O. is lawfully in a building or any other place, without a warrant, may seize anything they believe on R&PG:
- has been obtained by the commission of a offence
- has been used in the commission of an offence
- will afford evidence of the commission of an offence
- is intermixed with a thing referred to in the above three
Sec 92(4) Return of things Seized
Any thing seized and not forfeited under this section shall be returned if:
- a charge was not laid at the conclusion of the investigation
- a charge was laid but the defendant was acquitted or charge was withdrawn or dismissed
Sec 92(9) Forfeiture to Crown on conviction
If a person is convicted of an offence, the justice may order that the thing seized be forfeited to the Crown.
Sec 93(1) Arrest without Warrant
A C.O. may arrest any person they believe on R&PG is committing, has committed or is about to commit an offence under this Act.
Sec 93(3) Release
Upon arrest, once the C.O. is satisfied that R.I.C.E. and 4P’s have been met, they shall release the defendant on summons or offence notice.
Sec 94 Entry on Private Land
C.O. acting under this Act may enter on private land for investigation purposes.
Sec 96 Obstruction of a Conservation Officer
No personal shall knowingly make a false misleading statement to a C.O. who is acting under this Act.
Liquor Licence Act pp45-74
(LLA)
Common Offences and/or provisions
1) Offences relating to minors, or those under 19 years of age (POACH)
Minors
(P) purchase
(O) otherwise obtained
(A) attempted purchase
(C) Consume
(H) have
Exception: sec 30(9) L.L.A
18 years old during employment on premise
2) Intoxicated in public place or common area (see the arrest powers, because there’s no point in me putting it twice…)
3) Unlawful sale/purchase
Unlawful purchase
27. No person shall purchase liquor except from a government store or from a person authorized by licence or permit to sell liquor.
Sale to intoxicated person
29. No person shall sell or supply liquor or permit liquor to be sold or supplied to any person who is or appears to be intoxicated.
Rules, persons under 19
30. (1) No person shall knowingly sell or supply liquor to a person under nineteen years of age.
Idem
(2) No person shall sell or supply liquor to a person who appears to be under nineteen years of age.
4) Unlawful possession
s31 Unlawful possession or consumption
(2) No person shall have or consume liquor in any place other than,
(a) a residence;
(b) premises in respect of which a licence or permit is issued; or
(c) a private place as defined in the regulations. R.S.O. 1990, c. L.19, s. 31 (2).
Exception
(3) Subsection (2) does not apply to the possession of liquor that is in a closed container.
5) Unlawful consumption (see above)
Arrest powers
1. Intoxicated in public place or common area, and danger to anyone
s31 Unlawful possession or consumption – Intoxication
(4) No person shall be in an intoxicated condition,
(a) in a place to which the general public is invited or permitted access; or
(b) in any part of a residence that is used in common by persons occupying more than one dwelling in the residence.
Arrest without warrant
(5) A police officer may arrest without warrant any person whom he or she finds contravening subsection (4) if, in the opinion of the police officer, to do so is necessary for the safety of any person. R.S.O. 1990, c. L.19, s. 31 (5).
Interpretation
(6) In this section, a reference to a police officer includes a conservation officer.
2. LLA offence committed and person fails to identify him- or herself (until the arresting officer is satisfied by the proven identification)
Arrest without warrant
48. If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant.
Search powers
1) Vehicle or vessel and any person found in it
2) Police officer carrying out powers of inspector of licensed premises
Use of force:
1) No specific use of force for arrest (refer to s25 C.C., s146 POA)
2) A permit or licence holder is authorized to use as much force as is necessary to remove or cause to be removed a person who is unlawfully on the premisis or who is contravening the law on the premises
3) Police officer who reasonably believes the LLA or its regulations are being contravened on any premises may order everyone, except those who actually reside there, to vacate the premises
Limitation period:
Two years from date of offence; not limited to six months general provision
Offences
Limitation
(8) Subject to subsection (9), no proceeding under this section shall be commenced more than two years after the offence was committed.
Non-police agencies involved:
Liquor inspector
Alcohol and Gaming Commission
Child and Family Services Act pp243-265
(CFSA)
Purpose of the Act.
- Assist the Children’s Aid
- Emergency
- Protection/Enforcement
- Police Action Required
Child sec 3(1):
Any person under the age of 18 years.
Child in need of protection sec 37 (1):
Actually OR apparently 15years and under – PLUS – 16 and 17 years old in care of the Children’s’ Aid (ward)
Child under 12 commits offence sec 42 (1)
Obviously under 12 years old
Child Protection worker sec 37 (1)
Means a director, a local director or a person authorized by a Director for the purpose of section 40 (commencing child protection proceedings)
Place of Safety
A Foster home, a hospital or any place designed by the Director of the Children’s Aid.
NOTE a Police Station is not a place of safety.
*** If Police or Child Protection worker believes on reasonable and probable grounds that a more secure place is required, then the child may be detained in a place of open temporary detention as defined by the Ministry***
Offence committed by a child under 12 years
A peace officer who believes on R &PG that a child actually or apparently under 12 years committed an offence, may apprehend the child and:
- Return the child to their parent or guardian
Or
- if impossible, take them to a place of safety.
Note:
You can not charge the child, but you may apprehend them.
The offence can be any kind that has a penalty (Federal, Provincial or Municipal)
Child in need of Protection sec 37 (2)
a) Physical harm
- by a person having charge
- failure to care
- risk of physical harm
b) Substantial risk physical harm
c) Sexual molestation or exploitation
- person having charge
- knowledge of the other
- failed to prevent
- risk of molestation or exploitation
d) Substantial risk of sexual harm
e) Requires medical treatment
- person in charge refuses
- not available to consent
f) Emotional harm
- severe anxiety
- depression
- ( withdrawal) withdrawn
- self destructive behavior
- not available to consent- person in charge
- risk
g) Substantial risk emotional harm
h) Mental condition requires treatment
i) Child abandon
- parent deceased
- not available
- no provisions made
- parent refuses to provide
j) Child under 12 – kills/injures person or severe damage to property
k) Child under 12 encourage to kill etc.
l) Parents unable to care for child
- brought before the court
- parents consent
- 12 yrs or older with child’s consent
Duty to report Child Abuse
Sec 72 (2) A person who on reasonable grounds that a child is or may be in need of protection shall forthwith report the belief and the information upon which it is based to C.A.S.
Sec 72 (3) Professional people shall report forthwith the suspicion of the abuse and the information on which it is based to the C.A.S.
There are 3 Authorities to bring a child in need of Protection to a Place of Safety
Warrant to Apprehend child sec 40(2)
A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the Justice of the peace is satisfied on the
basis of a Child protection worker’s sworn information that there are reasonable and probable grounds to believe that,
A) the child is in need of protection
B) a less restrictive course of action is not available or will not protect the child adequately.
Court order 40(4)
Where the court is satisfited, on a person’s application upon notice to C.A.S., that there are R&PG to believe that:
A) child is in need of protection
B) the child cannot be protected adequately otherwise that by being brought before the court,
the court may order
C) child be produced before the court to determine if they are in the need
D) if clause C will not protect the child, apprehend the child immediately.
Apprehension without warrant 40(7)
A child protection worker who believes on R&PG that;
A child is in need of protection and there would be substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing.
And in each case the Police or Child Protection Worker are authorized to enter, search for and remove the child with as much force as necessary.
Peace Officer’s Powers sec 40(13)
A Peace Officer has the powers of a Child Protection Worker
Sec 40 (13) provides for protection from Liability.
Curfew
Sec 79 (5)
When: Midnight – 6 a.m.
Who: A child who is actually or apparently under 16 years
Unaccompanied by a resonable adult
Where: In a place to which the public has access.
What: Return the child to parent or guardian or if impossible to a place of safety
Parent can be charged up to $1,000. Or 1 year in jail or BOTH – sec 85(1)
Common offences and/or provisions:
1) Powers to apprehend children in need of care and protection
2) Requirement for certain professionals to report suspected child abuse
Arrrest powers:
None given – four categoeies of possible apprehension sans warrant
1. Where child is in need of care and protection, too dangerous to wait for order
2. Where child leaves care & custody of those given authority for the child’s custody, too dangerous to wait for order
3. Where child leaves care & custody of place of open temporary detention, without consent of those having custody and peson in charge of place of safety
4. Where child under 12 has apparently committed an offence for which child over 12 or older could be found guilty
Search powers:
Peace officer or child protection worker may enter any place, search for and remove a child, when authorized under s.40(6)
Peace officer or child protection worker may enter any premises without warrant, when reasonable and probable grounds that child is in need of care and protection and is too dangerous to wait for warrant; may search for and remove that child under s40(11)
Peace officer or child protection worker acting on a warrant to return runaway child may enter any place named in warrant, search for and remove a child under s44(1)
Use of Force
Whenever the CFSA authorizes apprehension of child by warrant/order/without warrant, Act also authoizes the person to use force if necessary to enter premises, search for child, and/or remove child.
Warrants, orders, apprehension, etc.
Authority to enter, etc.
(6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.
Limitation period
Six months from date of offence
Non-police agency involved
Children’s aid societies
Trespass to Property Act pp87-96
Terminology
► Occupier
-a person with control over the premises, or authorized to exercise control over the premises
► Premises
-broad enough to include almost any property, as well as vehicles, trailers and portable structures
Colour of right as a defence
It is a defence to a charge under this act in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of.
Sec 2(2)
Prohibition of entry
Sec. 3 (1)
(a) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises, that is a Garden, Field or cultivated land Lawn, orchard, vineyard, and Premises that trees have been planted and have not attained an average height of more than 2 metres and woodlots on land used primarily for agricultural purposes or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premise s or to keep animals on the premises.
Implied Permission
Sec 3(2)
There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited.
Limited permission
Sec 4(1)
Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only.
Sec 4(2)
Where entry on premises is not prohibited under this act or by notice that one or more particular activities are permitted under sec. 4(1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited.
Form of a sign
Sec. 6(1)
A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted.
Sec. 6(2)
A sign naming an activity with an oblique line drawn through the name or showing a graphic representation of an activity with an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited.
Red markings
Sec 7
(1)Red markings made and posted in accordance with this act are sufficient for the purpose of giving notice that entry on the premises is prohibited.
(2)Yellow markings
Yellow markings made and posted in accordance with this act are sufficient for the purpose of giving notice that entry is prohibited except for the activity on the sign.
(3)Size
A marking under this act shall be of such a size that a circle ten centimeters in diameter can be contained wholly within it.
Common Offences and/or Provisions
Three offences:
Enter premises when entry prohibited
Engage in prohibited activity on the premises
Fail to leave premises when directed to do so
Four methods of providing notice of trespass:
No notice required for land under cultivation
Oral notice or notice in writing
Signs posted at each ordinary entrance to premises
Coloured circles at least 10 cm round, red or yellow
Trespass by means of a motor vehicle
►If the offence is committed by means of a motor vehicle,
►And the suspect is not convicted
►The owner of the motor vehicle may be charged with the offence
►Unless the motor vehicle was taken without the owner’s consent
Arrest Powers
Sec 9
►On premises:
Occupier or police officer may arrest someone found committing a trespass offence on the premises
Arrest Powers
Sec 10
►Suspect freshly departed from premises:
Once the suspect has left the premises, the occupier looses power of arrest
Police officer may arrest this person, but only if there is a refusal to identify or reason to believe the identification is false
Search Powers
►No search powers under this Act
Use of Force Authorities
►No specific use of force authority given
Limitation Period
Six months
Non-police agencies involved
►Fence viewers employed by the municipality to mediate boundary disputes
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