Haldimand County Central Administration Building
45 Munsee Street North, P.O. Box 220
Cayuga, ON N0A 1E0
Phone: (905) 772-3327
Fax: (905) 772-5810
Office Hours: Monday – Friday, 8:30 a.m. to 4:30 p.m.
Closed weekends and holidays
If you wish to see the Justice of the Peace, call the office for availability.
Haldimand County Provincial Offences Office
On March 26, 2001, Haldimand County assumed all responsibilities associated with the operation and management of the Provincial Offences Court and related administration from the Ontario Court of Justice, Cayuga Catchment Area.
The assumption of services was a result of Bill 108, the Streamlining of Administration of the Provincial Offences Act, 1997, which provides the framework for the transfer of responsibility and administration of parts of the Provincial Offences Act (POA) and POA courts to Ontario municipalities.
The POA is a procedural law for administering and prosecuting provincial offences including those committed under the Highway Traffic Act, the Compulsory Automobile Insurance Act, the Trespass to Property Act, the Liquor Licence Act and other provincial legislation, municipal by-laws and minor federal offences. Provincial Offences include but are not limited to:
- Speeding, careless driving, or not wearing a set belt (Highway Traffic Act)
- Driving without insurance or failing to surrender your insurance card (Compulsory Automobile Insurance Act)
- Having open liquor in a vehicle or being intoxicated in a public place (Liquor Licence Act)
- Entering premises when entry is prohibited or failing to leave premises after being directed to do so (Trespass to Property Act)
- Smoking in an enclosed workplace or selling tobacco to a person under 19 (Smoke Free Ontario Act)
- Occupational Health and Safety, Ministry of Environment, Transportation, Natural Resources Labour, or Finance violations
- Municipal by-laws (noise, zoning, parking)
Link to POA on e-laws: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm
The POA governs all aspects of the legal prosecution process, from serving an offence notice to a defendant, to conducting trials, including sentencing and appeals. Additional services provided by the Court include:
- Processing / accepting payment of Provincial Offences fines
- Accept filing of Provincial Offences Act matters including re-openings, motions and extensions of time to pay fines
- Handling general inquires about Provincial Offences matters
- Providing Court Clerk / Monitor staff for Provincial Offences court proceedings
Note: Court staff are not lawyers and cannot provide legal advice.
If you receive a Provincial Offence Notice, you have three options available to you as set out in the notice. You have 15 days from the receipt of a Provincial Offence Notice to exercise one of the below options, failing which you are deemed not to dispute the charge and a guilty plea may be entered in your absence.
Option #1 - Plea of Guilty – Voluntary Payment of Total Payable Fine
Fill in the required information on the Payment Notice and return it to the Provincial Offences Administration Office in the self-addressed envelope supplied. Remember to include the signed Offence Notice and your payment. If mailing in your payment, please do not send cash. Cheques or money orders should be made payable to “Haldimand County”. The Offence Notice number must be written on the front of your cheque or money order. VISA or Master Card payment may also be mailed in.
In person payments can be made at the Provincial Offences Administration Office. Cash, cheque, money order, VISA, Mastercard and debit are accepted for in person payments.
An internet payment option is available by clicking on the link to www.paytickets.ca and by following the on screen instructions.
Option #2 – Early Resolution – Meet with Prosecution
As of March 31, 2012 the previous Option 2 to Plea Guilty with an Explanation has been replaced with Early Resolution, whereby you now have the option to schedule a meeting with the municipal prosecutor to discuss your charge(s). By selecting this option you do not forego the right to a trial. The meetings can be used to ask the position of the prosecutor, to discuss the time to pay a fine, to request disclosure for the charge(s) or to discuss the possibility of pleading to a lesser offence supported by the facts.
An Early Resolution meeting can be requested by mailing your Provincial Offence Notice to the court office in the self-addressed envelope or by bringing it in to the office in person. If selecting either method, remember to check off the box to request an Early Resolution meeting. Early Resolution meetings will take place in person; however, a telephone meeting option will be available for those who live more than 75 km from the Cayuga Provincial Offences court.
Upon receipt of your request for an Early Resolution meeting, court staff will send you a meeting notice to the address on file. The notice will indicate the time, date and location of your meeting with the prosecutor. Please notify court staff if your address has changed to ensure you receive your Notice of Early Resolution.
- Failure to Attend an Early Resolution Meeting
If you request an Early Resolution meeting with the prosecutor but do not attend for the scheduled meeting, you will be deemed not to dispute the charge and convicted of the offence in your absence.
- Resolution Reached with Prosecutor
If, after meeting with the prosecutor, a resolution to the charge is reached you will be required to attend before a justice of the peace so that the resolution reached can be endorsed.
- No Resolution Reached with Prosecutor
If a resolution to the charge cannot be reached through a meeting with the prosecutor, you will be provided with a Notice of Trial and the matter will be set for a future court date.
Option #3 – Trial Option
You or your representative must attend in person at the court office to file your Provincial Offence Notice and a Notice of Intention to Appear in court between the hours of 8:30 a.m. to 4:30 p.m., Monday to Friday, excluding holidays. A trial will be scheduled for the first available court date and Notice of Trial will be mailed to you, usually within four to six weeks of receipt of your Provincial Offence Notice and Notice of Intention to Appear.
If you do not appear for the resulting trial, you may be convicted in your absence, and costs, in addition to any penalty, may be assessed by the court.
If you have received a Summons the procedures noted above for Provincial Offences Notices do not apply. A Summons will indicate a court date instead of a fine. You or your agent will be required to attend court on the date indicated on the Summons. Should you fail to appear in court, a warrant may be issued for your arrest, or the court may proceed to trial in your absence. You do not have the option to see a Justice of the Peace prior to your court date, and depending on the type of offence, your matter may be dealt with by a Provincial Prosecutor. Please contact POA Office staff for additional information if you have received a Summons.
If you are convicted of an offence, you will receive a Notice of Fine and Due Date informing you of your conviction and your payment due date. It is your responsibility to pay the fine(s) by the due date provided. If you fail to pay your fine(s), actions such as licence suspension, plate denial, civil action (small claims court) or reporting the outstanding debt to a collection agency can be taken against you.
If you cannot pay your outstanding fine in full, you may attend the court office to apply for an Extension of Time to Pay. The justice of the peace will decide if the extension is allowed. It is your responsibility to follow up with the court staff on whether your extension was granted.
To assist in the administrative process, some forms have been made available on our website. Forms not listed here must be picked up in person from the POA Office.
Court staff would be happy to assist you in completing any of the above forms or in answering any questions you might have.