Provincial Offences Appeals

You have the right to appeal your conviction, sentence, or both, within 30 days of the conviction and/or sentence date for proceedings falling under Part I, Part II or Part III of the Provincial Offences Act (POA).

You will have to pay your fine, including costs and victim fine surcharge and other fees before you can file your Notice of Appeal. Please see Paying a Ticket or Fine for instructions on how to pay a fine. Keep your fine payment receipt as the Crown’s Office (Ontario Court of Justice) will require proof of your fine payment before accepting your appeal documents for filing.

If you are unable to pay the fine, please see Filing an appeal without paying the fine.

For more information about appealing a Provincial Offences case, please visit the Ontario Court of Justice website.

How to Prepare Appeal Documents

Please download and complete the appropriate Appeal Process Package. All the necessary instructions and forms are in the package.

Part I – You received an Offence Notice, commonly called a traffic ticket, or have received a Summons to appear in court following a motor vehicle collision. If the document you received is identified as an Offence Notice (Form 3) or Summons (Form 7), continue with the Part I and II Appeal Process Package.

Part II – You received a Parking Infraction Notice, commonly called a parking ticket. If the document you received is identified as a Parking Ticket (Form 12 or Form 13), continue with the Part I and Part II Appeal Process Package.

 

Part I and II Appeal Process Package - EN

Part I and II Appeal Process Package - FR

Part III – You received a Summons, used for more serious charges which requires you to appear in court. If the document you received is identified as a Summons (Form 104 or Form 106), continue with the Part III Appeal Process Package.

 

Part III Appeal Process Package - EN

Part III Appeal Process Package - FR

How to Serve and File Appeal Documents

1.    Serve appeal documents, motions involving appeals, factums, transcripts, and books of authority with to the appropriate office.

  • For Part I and II Matters: You must serve the Regional Prosecutor’s office.
  • For Part III Matters:
    • If you were charged with Careless Driving Causing Bodily Harm or Death under s. 130(3) of the Highway Traffic Act, you must serve the Notice of Appeal on the Crown’s Office (Ontario Court of Justice)
    • If you were prosecuted by a different Ministry, you must serve the Ministry that prosecuted your charge
    • For other matters, you must serve the Regional Prosecutor’s Office (Provincial Offences Act Court)

To serve documents with the Regional Prosecutor’s Office (Provincial Offences Act Court), they can be sent to @emailor by attending in-person at 17150 Yonge Street, Newmarket, Ontario.

  • If you have served your Appeal and any Applications by email to the Regional Prosecutor’s Office, the prosecution office will respond with an email acknowledging it has accepted service of your documents. This email must be attached to your documents as proof that the prosecution office was served
  • If you attend the Regional Prosecutor’s Office to submit documents, the clerk will stamp your documents to confirm service has been accepted

2. After the service is accepted by appropriate office, you must file your Appeal documents with proof of service at the Crown’s Office (Ontario Court of Justice) by email at @email or in person at 50 Eagle St. West, Newmarket, Ontario. 

Regional Prosecutor’s Office

Provincial Offences Act Court
17150 Yonge Street, 2nd Floor
Newmarket, Ontario L3Y 8V3
@email

Crown’s Office

Ontario Court of Justice
50 Eagle St. West
Newmarket, Ontario L2Y 6B1
@email

How to Order Transcripts

A transcript is a written record of what was said during a court hearing. Transcripts must be ordered for all cases where a trial or guilty plea was heard. Transcripts are not required if you were convicted without a hearing.

1. Download the court transcript order form.

Court Transcript Order Form - English

Court Transcript Order Form - French

2. Please read all instructions carefully to ensure you complete all steps.

3. Complete the form and select one Vendor from the list included on the form.

All parties interested in ordering a court transcript from York Region Provincial Offences Court must select and contact one Vendor from the Roster of Vendors of Transcription Services and arrange for all aspects of the transcript order, including timeframe required, payment method and delivery options. The Vendor will advise whether there are any access restrictions on the transcript order you would like to place.

4. Contact the Vendor directly to place the order and keep a copy of the confirmation.

5. Serve the Regional Prosecutor’s Office (Provincial Offences Act Court) and file with your proof of transcript order.

Filing an Appeal After 30 Days

If you do not file a Notice of Appeal within 30 days of the conviction and/or sentence date, you must:

1.    Get judicial permission to file the Notice of Appeal by completing, serving, and filing the Application for Extension of Time to Appeal included in the appeal package. 

  • For Part I and II and other Part III appeals, serve the completed Application for Extension of Time to Appeal form along with the completed Notice of Appeal under s. 135 of the Provincial Offences Act with the Regional Prosecutor’s Office (Provincial Offences Act Court) by emailing it to @email or in-person at 17150 Yonge St., Newmarket, Ontario
  • For Part III appeals involving Careless Driving Causing Bodily Harm or Death under s. 130(3) of the Highway Traffic Act serve the documents with the Crown’s Office (Ontario Court of Justice) by email at @email or in-person at 50 Eagle St. West, Newmarket, Ontario
  • For charges prosecuted by other ministries, serve the appropriate Ministry

2.    File the completed forms with proof of service at with the Crown’s Office (Ontario Court of Justice) by email at @email or in-person at 50 Eagle St. West, Newmarket, Ontario

Filing an Appeal Without Paying the Fine

If you are unable to pay the fine, you must:

1.    Complete the Application to File an Appeal without paying the fine and an Order for Recognizance  included in the appeal package and serve these, along with your Notice of Appeal, to the Regional Prosecutor’s Office (Provincial Offences Act Court), and/or the Crown’s Office (Ontario Court of Justice) or other ministry that prosecuted the charge.

2.    File the Application and Recognizance along with your Notice of Appeal, with proof of service, with the Crown’s Office (Ontario Court of Justice) by email at @email or in-person at 50 Eagle St. West, Newmarket, Ontario