Provincial Offences

In Ontario, provincial offences refer to violations of laws and regulations that are created and enforced by the provincial government, as opposed to federal or municipal laws.

These offences typically involve breaches of statutes under provincial legislation such as the Highway Traffic Act, the Environmental Protection Act, and the Liquor Licence Act, among others. Provincial offences often relate to issues like traffic violations, workplace safety breaches, or environmental infractions, and they are usually less serious than criminal offences.

When charged with a provincial offence, the accused does not face a criminal record, but penalties may include fines, licence suspensions, or other administrative sanctions.

These offences are typically heard in the Ontario Court of Justice, and the procedures are streamlined to make the process more efficient for both the accused and the court system.

Though less severe than criminal charges, provincial offences still carry important legal consequences that can affect an individual’s personal or business affairs.

Driving Without a License

Highway Traffic Act, R.S.O. 1990, c. H.8, Section 32

Driving Without a Valid License:
"No person shall drive a motor vehicle on a highway unless the person holds a valid driver's license under this Act."

Consequences for Driving Without a License:

Fines: A person found driving without a valid license can face a fine of $200 to $1,000 for a first offence.
Impoundment of Vehicle: The police may impound the vehicle for 7 days if the driver is found to be operating a vehicle without a valid license.
Court Appearance: In some cases, a court appearance may be required if the offence is contested or if there are aggravating factors (e.g., repeat offences).

Careless Driving

Highway Traffic Act, R.S.O. 1990, c. H.8, Section 130 (1) & (2)

Careless Driving:

Section 130(1) of the HTA: "Every person who drives a motor vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway is guilty of an offence and is liable to the penalties set out in this Act."

Section 130(2) of the HTA provides that careless driving can occur even if no accident occurs, as long as there was potential danger created by the driving behaviour.

Consequences for Careless Driving

Fines: Typically $400 to $2,000, depending on the severity of the offence.
Demerit Points: 6 points on the driver’s record.
Licence Suspension: Potential for suspension, especially if accumulated points exceed 15 or there are other aggravating factors.
Insurance Consequences: Higher premiums due to the violation.
Criminal Charges: If the careless driving results in serious injury or death, it may lead to dangerous driving charges under the Criminal Code, carrying much higher penalties.