Provincial Offences Act

What is the Provincial Offences Act?

The Provincial Offences Act is a provincial statute that sets out procedures for the prosecution of offences under other provincial statutes and regulations and municipal by-laws. Under a Memorandum of Understanding, municipalities are responsible for the administration of courts hearing Provincial Offences Act (POA) matters and the prosecution of certain POA cases on behalf of the Attorney General.

What are the rights to French language services for Provincial Offences Act matters?

The officially bilingual court system in Ontario, as prescribed by the Courts of Justice Act, R.S.O. 1990, c. C.43, continues, including the provision of a prosecutor who speaks French and English when a bilingual trial is requested on a charge that is covered by the Transfer Agreement. In areas that are or become designated under the French Language Services Act, R.S.O. 1990, c. F.32, out-of-court services in French must be provided at the same levels as are provided by the Attorney General.

In other words, if a Francophone who committed a provincial offence demands a bilingual proceeding, the person that engages legal proceedings against this person has to speak French and English. The right to a bilingual trial is the same as the one in accordance with the Courts of Justice Act.

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