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If you're issued a ticket that has a set fine, POA s. 8 articulates that you are permitted to settle out of court by paying the "set fine".

However, the government's offence notice issued to the accused willfully and falsely advises that you must pay the "total payable" to settle out of court.

The total payable includes a victim surcharge fine and court cost fine.

Why would you have to pay court costs when you're settling out of court?

The set fine amount is created by the chief jusitce of Ontario.

The victim surcharge fine and court cost fine are created by the The Lieutenant Governor in Council.

These are two separate and distinct fines apart from the set fine.

The victim surcharge fine and court cost fine only apply if you proceed to trial and lose there. They do not apply when settling out of court.

Section 60(3) and 60.1(2) articulate that the court costs and victim surcharge are deemed to be fines as a means of enforcing payment.

Nowhere does s. 8 articulate you must pay the total payable or fines created by the The Lieutenant Governor in Council; you are only required to pay the set fine.

Regualtion 161 and 945 articulates that victim surcharge fines and costs fines are payable upon conviction for the purposes of subsection 60 (1) of the Act.

Subsecton 60(1) falls under PART IV- Trials and sentencing.

No trial is held if you settle out of court and no costs or victim surcharge are required to be paid.

The government has defrauded citizens out of tens-of-millions if not hundreds-of-millions of dollars by providing false information on the offence notice.

When a regulation and statute conflict, the statute governs.

Payment out of court

8. (1) Where an offence notice is served on a defendant who does not wish to dispute the charge, the defendant may sign the plea of guilty on the offence notice and deliver the offence notice and amount of the set fine to the office of the court specified in the notice.

Offence Notice below - Form 3 and 4

Regulation 945 - costs

Regulation 161 - Victim Fine Surcharge

Equally corrupt, people in prescribed parts of Ontario can have a full trial without making an appearance. Their trial is done by written submission. If found guilty after a trial, they are only subject to the set fine, or such lesser fine as is permitted by law, both of which does not include the victim surcharge fine or court cost fine, as articulated in POA s. 6(3).

Meanwhile, people who have trials outside of prescribed parts of Ontario must attend in person or by representative and, if found guilty after the trial, they are subject to the statutue fine, not the set fine, in addition to the victim surcharge fine and court cost fine, even if their trial is based on the same subject matter as those charged in prescribed parts of Ontario.

Dispute without appearance, prescribed parts of Ontario

6. (1) Where an offence notice is served on a defendant whose address as shown on the certificate of offence is outside the county or district in which the office of the court specified in the notice is situate, and the defendant wishes to dispute the charge but does not wish to attend or be represented at a trial, the defendant may do so by signifying that intention on the offence notice and delivering the offence notice to the office of the court specified in the notice together with a written dispute setting out with reasonable particularity the defendants dispute and any facts upon which the defendant relies.

Disposition

(2) Where an offence notice is delivered under subsection (1), a justice shall, in the absence of the defendant, consider the dispute and,

(a) where the dispute raises an issue that may constitute a defence, direct a hearing; or

(b) where the dispute does not raise an issue that may constitute a defence, convict the defendant and impose the set fine.

Hearing

(3) Where the justice directs a hearing under subsection (2), the court shall hold the hearing and shall, in the absence of the defendant, consider the evidence in the light of the issues raised in the dispute, and acquit the defendant or convict the defendant and impose the set fine or such lesser fine as is permitted by law.

Greatest Canadian wrote:Dispute without appearance, prescribed parts of Ontario

6. (1) Where an offence notice is served on a defendant whose address as shown on the certificate of offence is outside the county or district in which the office of the court specified in the notice is situate, and the defendant wishes to dispute the charge but does not wish to attend or be represented at a trial, the defendant may do so...

I looked in to this once for a co-worker. We were informed there were NO "prescribed parts" in Ontario. So this section of the Prov. Off. Act is moot.

BTW, welcome back, um, Lawman??

Thanks for the welcome bakc message, Bookm.

Whoever informed you that there are no prescribed parts of Ontario is incorrect.

As I mentioned above the court cost fine and victim surcharge fine are created by the Lieutenant Governor in Council. Section 60(3) and 60.1 (2) evidence they are fines.

Costs

Fixed costs on conviction

60. (1) Upon conviction, the defendant is liable to pay to the court an amount by way of costs that is fixed by the regulations.

Costs respecting witnesses

(2) The court may, in its discretion, order costs towards fees and expenses reasonably incurred by or on behalf of witnesses in amounts not exceeding the maximum fixed by the regulations, to be paid,

(a) to the court or prosecutor by the defendant; or

(b) to the defendant by the person who laid the information or issued the certificate, as the case may be,

but where the proceeding is commenced by means of a certificate, the total of such costs shall not exceed $100.

Costs collectable as a fine

(3) Costs payable under this section shall be deemed to be a fine for the purpose of enforcing payment.

Surcharge

60.1 (1) If a person is convicted of an offence in a proceeding commenced under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under this Act.

Collection

(2) The surcharge shall be deemed to be a fine for the purpose of enforcing payment.

And the set fine is created by the Cheif Judge of Ontario.

6. For the purpose of proceedings under Part I or II of the Act, the amount of fine set by the court for an offence is such amount as may be set by the Chief Judge of the Ontario Court (Provincial Division).

The image below is a notice of offence for non-prescribed parts of Ontario.

It's from Form 3.

Prescribed parts of Ontario use Form 4, but the instructions on Form 4 are the same as on Form 3.

The offence notices say you must pay the total payable to settle out of court.

Again, the total payable includes two additional fines, the court cost fine and the victim surcharge fine.

Section 8 of the POA only requires you to pay the set fine to settle out of court.

http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK22

Payment out of court

8. (1) Where an offence notice is served on a defendant who does not wish to dispute the charge, the defendant may sign the plea of guilty on the offence notice and deliver the offence notice and amount of the set fine to the office of the court specified in the notice.

The offence notices are invalid and so is every ticket that has been issued using these forms.

We're talking billions of dollars that the government have defrauded my people of.

To slam dunk this case for my people, parking infractions under Part II of the POA also allow you to settle out of court by paying the set fine.

http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK22

Payment out of court

16. A defendant who does not wish to dispute the charge may deliver the notice and amount of the set fine to the place shown on the notice. 1992, c. 20, s. 1 (1).

When you are issued a certificate of parking infraction you are also issued a parking infraction notice that articulates the set fine amount.

Certificate and notice of parking infraction

15. (1) A provincial offences officer who believes from his or her personal knowledge that one or more persons have committed a parking infraction may issue,

(a) a certificate of parking infraction certifying that a parking infraction has been committed; and

(b) a parking infraction notice indicating the set fine for the infraction.

Below is a copy of the parking infraction notice that is also issued to you when a certificate of parking infraction is issued to you.

It's Form 2.

Prescribed parts of Ontario use Form 3, which says the same thing as Form 2.

As you can clearly see, the parking infraction notice only requires you to pay the set fine to settle out of court.

The set fine is all that the offence notices under Part I of the POA requires you to pay as well; but the invalid offence notices misleads you, as they incorrectly inform you that must pay the total payable to settle out of court.

This proves that the offence notices under Part I are invalid.

This is what you call a prima facie case.

The government has no defence (none - zero - zilch) for producing bogus offence notices under Part I of the POA and for their outright fraud on my people.

Game. Set. Checkmate.

We win.

Now where's our money Dalton McGuilty!

The government might think they can just start issuing a summons under Part I of the POA until they manage to produce some valid offence notices.

But no siree Bob.

A summons under Part I of the POA can ONLY be issued when no set fine for the offence is in play.

A summons does not provide the space for the set fine to be set out on the summons.

An accused who commits an offence with a set fine must be made aware of the set fine because the accused has the option to settle out of court by paying the set fine.

A summons requires the accused to attend court.

The government has defrauded my people of billions of dollars.

I'm not too happy about it.

Are you?

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Dude your spamming the list..before you run around telling people that this is invalid you should prolly get some case law behind you to back your claim's up....the way you are sounding is that your theories are all fact...when in fact all they are is theories that have not been tested in court

I fore see a lot of people getting their D.L's suspended for non payment and then using te excuse "but the internet guy" told me that the PON was invalid or because the cop did not speak french to me...

OPS

If you can read, and are a paralegal, and have read POA s. 8, and the offence notices, and the French Language Service Act, and disagree with my arguments, then you should refund all your clients the money you ripped them off for while failing to properly represent them, and retire.

umm look at my username....should clear up what i do ....my job is not to fight your theory.....hell should it become case law then i shall adjust how i do my job.......but like i said it is just a theory still...

ops