Fatal Error If Notice Of Offence Not Signed?
Posted: Mon Sep 28, 2015 2:12 pm
Is officer required to sign Notice of Offence that they give you, or does it only matter if they signed the original Certificate of Offence?
Thanks
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Is officer required to sign Notice of Offence that they give you, or does it only matter if they signed the original Certificate of Offence?
Thanks
If it is a hand written ticket it needs to be signed. If it is an electronic printed ticket it does not need to be signed.
OPS
So if the officer ends up signing the original Certificate of Offence that is filed with the court, and you just ignore the ticket, the JP will see the signed copy and still convict you.
Can you then appeal it and take copy of your unsigned Notice of Offence and get judge to drop it? Possibly because not served properly?
I am looking for the specific regulation in the Act that would require the ticket you received (the Notice of Offence) to be signed by officer as well as the Certificate of Offence that they file with the court.
Can anybody confirm if this looks correct and/or if there is something else I might need?
I think it is Provincial Offences Act section 3(2)(b) which says:
"3(2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13, (b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2)."
PART I - COMMENCEMENT OF PROCEEDINGS BY CERTIFICATE OF OFFENCE
3. (1) In addition to the procedure set out in Part III for commencing a proceeding by laying an information, a proceeding in respect of an offence may be commenced by filing a certificate of offence alleging the offence in the office of the court. R.S.O. 1990, c. P.33, s. 3 (1).
3. (2) A provincial offences officer who believes that one or more persons have committed an offence may issue, by completing and signing in the form prescribed under section 13,
(a) a certificate of offence certifying that an offence has been committed; and
(b) either an offence notice indicating the set fine for the offence or a summons. 2009, c. 33, Sched. 4, s. 1 (2).
3. (3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred. R.S.O. 1990, c. P.33, s. 3 (3).
3. (5) Where service is made by the provincial offences officer who issued the certificate of offence, the officer shall certify on the certificate of offence that he or she personally served the offence notice or summons on the person charged and the date of service. R.S.O. 1990, c. P.33, s. 3 (5).
3. (6) Where service is made by a person other than the provincial offences officer who issued the certificate of offence, he or she shall complete an affidavit of service in the prescribed form. R.S.O. 1990, c. P.33, s. 3 (6).
3. (7) A certificate of service of an offence notice or summons purporting to be signed by the provincial offences officer issuing it or an affidavit of service under subsection (6) shall be received in evidence and is proof of personal service in the absence of evidence to the contrary. R.S.O. 1990, c. P.33, s. 3 (7).
Found this case law, at paragraph 18 that supports that section 3 says the Certificate of Offence MUST be signed, which means it should also apply to the Notice of Offence.
R. v. McPherson, 2012 ONCJ 807 (CanLII) http://canlii.ca/t/fvrkp
[18] Sections 3(2)(a)&(b) of the POA are of further guidance. These sections set out that an officer may issue a Certificate of Offence but must complete and sign it to certify an offence has been committed and she/he has issued either an Offence Notice including the Set Fine or a Summons.