Speeding, careless driving, a by-law, a commercial vehicle charge: a ticket or summons under Ontario's Provincial Offences Act (POA) can cover any of these, and you are allowed to defend it yourself. The Ontario Court of Justice publishes a guide to the general process. As the guide plainly states, it is not legal advice.
Where to find the official guides
The court publishes two PDFs. Each link opens in a new tab:
- Guide for Defendants in Provincial Offences Cases (PDF, 9 pages, Ontario Court of Justice). It covers what you can do about a charge, getting ready for trial, the order of a trial, and sentencing.
- Guide to Appeals in Provincial Offences Cases (PDF, 4 pages, Ontario Court of Justice). It covers appealing a conviction or sentence, and the deadlines for doing so.
Because parts of the PDFs go back to 2014 and 2015, some of the phone numbers and links in them are out of date. The web versions get updated more often: here are the defendant's guide and the appeals guide.
Is representing yourself a good idea?
Get legal advice first, the court's guide urges. If you are thinking of going without a representative, it lists four things to weigh:
- what you are charged with,
- the complexity of the case,
- your grasp of the court process and the issues, and
- your exposure to a serious penalty, for instance a large fine, jail, demerit points or a licence suspension.
A minor ticket with no points may be a reasonable one to handle yourself. If your licence, insurance or commercial driving career could be affected, at least a consultation is usually worth it given what is at stake. Ours is free.
Your choices before trial
You have a short time after receiving an offence notice to pick a path: pay the fine, which counts as pleading guilty; meet the prosecutor, if your court offers early resolution; or request a trial. Inaction usually ends in a conviction with no hearing. Each option and deadline is covered in our before-you-pay guide.
Ask early for disclosure, the evidence the prosecutor intends to rely on, like the officer's notes. It is yours by right before trial. The court's guide also tells you what to do if a scheduled date won't work for you, or if you choose to plead guilty once a trial date has been set. For your area's court office and prosecutor, use our Ontario POA courts directory.
How a POA trial runs
A justice of the peace presides. Broadly, the trial goes like this:
- Preliminary issues. Anything you say should stop the case altogether, such as a defective ticket, unreasonable delay or some other Charter issue, gets raised at the very start.
- Arraignment and plea. You hear the charge and answer guilty or not guilty.
- The prosecution's evidence. Witnesses are called, typically the officer. You can cross-examine each in turn: question them, put your side of the story to them, and request to see the officer's notes. Arguing with the witness and making speeches have no place here.
- The end of the prosecution's case. Three paths are open: seek a dismissal because an essential element is unproven, call no evidence, or present your own. Testifying is never required of you.
- Your defence. Evidence can come from you, witnesses, documents, photos or diagrams, and the prosecutor may cross-examine any witness you call.
- Closing submissions and judgment. Both sides argue whether the evidence proves the charge. The justice of the peace rules immediately or on a later date.
Three categories of offence
What must be proven varies with the offence:
- Absolute liability (speeding, for example). It is enough that you did the act, and carefulness will not save you.
- Strict liability (most HTA offences). Once the act is proven, you have a defence if you took all reasonable care, or if you reasonably believed facts that would make your conduct innocent.
- Mens rea (rare in provincial offences). Here a guilty state of mind has to be proven as well, for example that you knew an insurance card was false.
After the trial
If you are convicted, both you and the prosecutor may speak to sentence, touching on what you can afford and how much time you need. Two things are beyond the justice of the peace's control: the victim fine surcharge cannot be waived, and demerit points follow automatically by law. An automatic licence suspension comes with some driving convictions as well.
Three further steps may be open to you:
- Appeal. The law sets a time limit for appealing a conviction or sentence. The court's appeals guide above and our POA appeals guide explain it.
- Re-open. This may be available instead, if you were convicted with no hearing after missing a notice.
- More time to pay. An extension is available by application if you need longer to pay a fine.
Sources
- Ontario Court of Justice, Guide for Defendants in Provincial Offences Cases (PDF) (checked 2026-11-01)
- Ontario Court of Justice, Guide to Appeals in Provincial Offences Cases (PDF) (checked 2026-11-01)
- Provincial Offences Act, R.S.O. 1990, c. P.33 (checked 2026-11-01)
A plain-language summary in our own words, not the court's text. General information only, not legal advice.