O. Reg. 307/23: RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS

 

ontario regulation 307/23

made under the

Courts of Justice Act

Made: August 24, 2023
Filed: August 25, 2023
Published on e-Laws: August 25, 2023
Published in The Ontario Gazette: September 9, 2023

Amending Reg. 200 of R.R.O. 1990

(RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS)

1. Rule 4 of Regulation 200 of the Revised Regulations of Ontario, 1990 is amended by striking out the portion before paragraph 1 and substituting the following:

4. The following apply to the calculation of a period of time prescribed under the Act, these rules or an order of a court:

. . . . .

2. (1) Subrule 7 (6) of the Regulation is revoked and the following substituted:

(6) The justice or clerk of the court may receive and base their decision on an application or motion on information the justice or clerk considers credible or trustworthy in the circumstances, whether or not other evidence is given on the application or motion.

(2) Subrule 7 (8) of the Regulation is amended by striking out “section 9 or 66.0.1 of the Act” at the end and substituting “section 9, 11 or 66.0.1 of the Act”.

3. Paragraph 1 of subrule 15 (1) of the Regulation is amended by striking out “or under section 205.7 or 205.19 of the Highway Traffic Act” at the end.

4. Subrule 21 (2) of the Regulation is amended by striking out “section 9 or 66.0.1 of the Act” at the end and substituting “section 9, 11 or 66.0.1 of the Act”.

5. (1) Subrule 22 (1.1) of the Regulation is revoked and the following substituted:

(1.1) A justice who quashes a proceeding under section 9 or 9.1 of the Act shall endorse the decision and the reasons for the decision on the certificate of offence.

(2) Rule 22 of the Regulation is amended by adding the following subrule:

(1.2) A justice who strikes out a conviction under section 11 of the Act shall endorse the decision on the application form.

6. Rule 22.1 of the Regulation is amended by adding the following subrule:

(3) A clerk of the court who strikes out a conviction under section 11 of the Act shall endorse the decision on the application form.

7. Subrules 32 (2), (3) and (5) of the Regulation are revoked and the following substituted:

(2) An application under section 11 of the Act shall be in the following form:

1. If the offence notice does not indicate that an option of a meeting with the prosecutor to discuss the resolution of the offence is available, the application shall be in Form 102, titled “Reopening Application/Affidavit” in English and “Demande de réouverture/Affidavit” in French and dated April 3, 2023, and available on the internet at the Ontario Court Forms website.

2. If the offence notice indicates that an option of a meeting with the prosecutor to discuss the resolution of the offence is available, the application shall be in Form 102.1, titled “Reopening Application/Affidavit (Early Resolution)” in English and “Demande de réouverture/Affidavit (règlement rapide)” in French and dated April 3, 2023, and available on the internet at the Ontario Court Forms website.

(3) A certificate under section 11 of the Act shall be in Form 103, titled “Certificate of Striking Out Conviction” in English and “Certificat d’annulation de déclaration de culpabilité” in French and dated April 3, 2023, and available on the internet at the Ontario Court Forms website. 

. . . . .

(5) An information under section 23 of the Act shall be in Form 105, titled “Information under Section 23 of the Provincial Offences Act” in English and “Dénonciation en vertu de l’article 23 de la Loi sur les infractions provinciales” in French and dated April 3, 2023, and available on the internet at the Ontario Court Forms website.

8. Rule 33 of the Regulation is amended by striking out “Forms 101.1, 125 and 126” at the beginning and substituting “A form prescribed by this Regulation that is available on the internet at the Ontario Court Forms website”.

9. Forms 102, 103 and 105 to the Regulation are revoked.

Commencement

10. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 2 and 4, subsection 5 (2) and sections 6, 7 and 9 come into force on the later of September 22, 2023 and the day this Regulation is filed.

Made by:

Doug Downey

Attorney General

Date made: August 24, 2023