Bill 203 2011

An Act to amend the Provincial Offences Act with respect to sentencing and appeals

Note: This Act amends the Provincial Offences Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 61 of the Provincial Offences Act is amended by adding "or, if the convicted person so chooses, imprisonment for a term that the court determines which shall be no more than six months" at the end.

   2.  Section 111 of the Act is repealed.

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Provincial Offences Amendment Act (Sentencing and Appeals), 2011.

EXPLANATORY NOTE

The Bill amends the Provincial Offences Act to amend the default penalty for conviction of a provincial offence if the law does not otherwise expressly provide. At present, the penalty is a fine of not more than $5,000. The Bill adds imprisonment as an alternative at the choice of the convicted person. The court will determine the term of the imprisonment which will be no more than six months.

The Bill also eliminates the requirement that a person who appeals a decision imposing a fine for a provincial offence must pay the fine in order to appeal the decision.