The Modernization of the Provincial Offences Act

In December 2007, Kennth Jull, a legal practitioner with expertise in regulatory law, submitted a proposal to the LCO for a review of the POA with the objective of reforming certain aspects of the statute. With other projects already approved for study, the LCO was not able to consider undertaking the project until April 2009 when it was approved by the Board of Governors. The Board of Governors approved the Final Report in August 2011. The POA project has been headed by Mark Schofield, Ministry of the Attorney General LCO Counsel in Residence, 2009-2010, and Mohan Sharma, MAG LCO Counsel in Residence 2010-2011.

The POA project took as its starting point a refashioning of the statute to reflect the developments that have occurred since it was enacted 30 years ago, including the impact of the Canadian Charter of Rights and Freedoms, changes to the Criminal Code, the considerable increase in fines for certain offences, the importance of new technologies and the official recognition of paralegals, among them. Yet the reason for the POA has not changed: to recognize the difference between regulatory and criminal offences. Similarly, the need for a relatively simple or accessible statute addressing procedure with regard to offences that affect many ordinary Ontarians remains a priority. In its recommendations, the LCO has attempted to return the POA to its roots in this latter respect, while making recommendations that recognize contemporary legal realities. In addition to specific recommendations for reform, we have also identified issues which could not be addressed in the LCO’s review, but which we believe merit further consideration for making the POA an even more effective document for today and the future.

The LCO appreciates the assistance it received from the Ad Hoc POA project Advisory Committee. The LCO project advisory groups are not asked to speak for their organizations and the contents of this Report should not be ascribed to them.

  • Chief John Domm – Chief of Police of Rama Police Services and Director of First Nations Police with the Ontario Association of Chiefs of Police.
  • Phil Downes – Sole Practioner in Toronto. He is certified by the Law Society of Upper Canada as a specialist in Criminal Law.
  • Jeremy Griggs – Senior Manager of the POA Unit with the Ministry of the Attorney General.
  • Jerry Herlihy – Senior Counsel with the Ontario Ministry of the Environment with a focus on environmental prosecutions.
  • Kenneth Jull – Counsel with Baker & McKenzie LLP in Toronto. He is the co-author of “Regulatory and Corporate Liabilities: From Due Diligence to Risk Management.”
  • The Honourable Mr. Justice Rick Libman – Judge with the Ontario Court of Justice. He is the co-author of “The 2009 Annotated Ontario Provincial Offences Act” and the author of “Libman on Regulatory Offences in Canada”.
  • Jane Moffat – President of the Prosecutors’ Association of Ontario and is a Prosecutor with the Regional Municipality of Durham.
  • Kimberly Murray – Member of the Kanesatake Mohawk Nation and Executive Director of the Aboriginal Legal Services of Toronto.
  • David Potts – City Solicitor for the City of Oshawa and Incoming Chair of the Municipal Law Section of the Ontario Bar Association.
  • Barry Randell – President of the Municipal Court Managers’ Association and Director of Court Services with the City of Toronto.
  • Sheilagh Stewart – Counsel, Criminal Law Division, Ministry of the Attorney General. She is the author of “Stewart on Provincial Offences Procedure in Ontario”.
  • James Stribopoulos – Associate Professor at Osgoode Hall Law School. He teaches Criminal Procedure and Evidence and his research interests include Criminal Law, Criminal Procedure, Constitutional Law and Legal Process.
  • Her Worship Justice of the Peace Karen Walker – Justice of the Peace with the Ontario Court of Justice.
  • Rod Walker – Licensed Paralegal and Vice President of the Paralegal Society of Ontario.

Project Documents

Commissioned Papers

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