Form 1 - Certificate of Offence

Certificate of Offence

Form 1, Provincial Offences Act | O. Reg. 108/11 Ontario Court of Justice | POA 0847 (Rev. May 2021)

What This Form Is

The Certificate of Offence is the charging document used to commence a provincial offences proceeding under Part I of the Provincial Offences Act. When a Provincial Offences Officer witnesses or has grounds to believe an offence has been committed — a traffic violation, a regulatory infraction, a by-law breach — this is the document they issue. It is the formal accusation. Everything that follows in a Part I proceeding flows from this certificate.

What It Contains

The certificate captures the essential details of the alleged offence: the identity and address of the person charged, their driver's licence information, the date, time, and location of the offence, the specific offence alleged and the provision of law it violates, and whether a motor vehicle or collision was involved. The issuing officer certifies that they served an offence notice or summons on the person charged — either on the offence date or on a specified alternate service date.

The form also sets out the set fine, the applicable victim fine surcharge, and the total amount payable. Where a summons is issued rather than an offence notice, it specifies the date and location the person must appear in court.

Why It Matters Procedurally

The certificate is not just paperwork — it is the legal foundation of the entire Part I proceeding. It must be complete and regular on its face. If the certificate is defective, the proceeding can be quashed. Under section 9(1) of the Provincial Offences Act, if the person charged fails to respond within the prescribed time, a justice examines the certificate and — if satisfied it is complete and regular — enters a conviction in the person's absence. That default conviction mechanism makes the technical sufficiency of this form a live issue in real-world defence practice.