Improving Access to Traffic Justice
Ontario Regulation 104/23, which was enacted under the Provincial Offences Act, makes changes to Ontario Regulation 108/11. These changes focus on the procedures and forms used for issuing certificates and notices related to traffic violations. The regulation aims to clarify and update how traffic offences are handled, especially those involving automated enforcement systems like red light cameras and automated speed cameras.
The regulation revamps the way certificates of offence are issued by categorizing them based on the type of evidence:
-
-
- Form 1: Standard certificate for general offences.
- Form 2: For offences captured by red light cameras.
- Form 2.1: For specific violations related to school bus laws.
- Form 2.2: For offences captured by speed enforcement systems.
- Form 2.3: For school bus violations recorded by camera systems.
-
This clear categorization helps ensure that each offence is documented accurately and transparently.
Previously, individuals had to file their notice of intention to appear in person, but now they can request a meeting with a prosecutor to discuss their case.
Changes have also been made to the specific notices issued for offences:
-
-
- Form 5.1: For general school bus violation notices.
- Form 5.3: Specifically for violations captured by camera systems.
- Form 6.3: For those who want to meet with a prosecutor regarding camera enforcement violations.
- Modification of Forms: The regulation allows offence notices to be adjusted based on the design and functionality of the camera systems used in different municipalities, ensuring the forms remain relevant to local practices.
-
By allowing defendants to meet directly with prosecutors to discuss their cases it may encourage more people to address their offences, potentially leading to quicker and more agreeable resolutions.
The regulation acknowledges the growing use of automated systems in traffic enforcement, aligning with modern law enforcement practices.
Ontario (104/23) June 10, 2023