Right to Issue Tickets
What Law or Legislation provides a City in Ontario with the right to ticket vehicles and to administer and process Parking Tickets and the fines imposed?
The Legislation governing the administration and processing of parking tickets is governed by the Province of Ontario and is set out in the Provincial Offences Act (POA), R.S.O 1990, c. P.33, as amended (POA).
Fines that are developed and approved by The City of Toronto, either under the Toronto Municipal Code or The City of Toronto, Bylaws, must be approved by order, under the Ontario Provincial Offences Act.
See the HIGHWAY TRAFFIC ACT (the H.T.A) PART XII MUNICIPAL BY-LAWS:
Effect of by-laws Inconsistent by-laws deemed repealed
Section 195. (1) If a provision of a municipal by-law passed by the council of a municipality or a police services board for,
- (a) regulating traffic on the highways;
- (b) regulating noise, fumes or smoke created by the operation of motor vehicles on the highways;
- (c) prohibiting or regulating the operation of motor vehicles or any type or class thereof on the highways, is inconsistent with this Act or the regulations, the provision of the by-law shall be deemed to be repealed upon the inconsistency arising.
Approval of traffic by-laws for connecting links Section 195 (3) If the council of a municipality passes a by-law for a purpose mentioned in clause (1) or (c) that affects traffic on a highway designated as a connecting link under subsection 21 (1) of the Public Transportation and Highway Improvement Act, the clerk of the municipality shall files a copy of the by-law with the Ministry within 30 days of its passing, and the by-law shall not become operative until it is approved by the Ministry.
Approval of traffic by-law in whole or in part
Section 195 (4) Any by-law for regulating traffic on highways that is submitted to the Ministry for approval may be approved in whole or in part and, where part of the by-law is approved only, that part shall become operative.
Withdrawal of approval by Ministry
Section 195 (5) The Ministry may withdraw its approval to any by-law or any part thereof by notice sent by registered mail to the clerk of the municipality and the by-law or part thereof shall be deemed to be repealed twenty-one (21) days after the sending of the notice.
Different Legislation, Acts, Laws, By-laws, Codes & Rules that will affect you, with regard to tickets, requesting a trial and the act of challenging your tickets in Court (a.k.a means “also known as”), see the Links under each title:
- Constitution Acts 1867-1982 (The Constitution Act, 1867 & The Constitution Act, 1982)
- The Canadian Charter of Rights and Freedoms (a.k.a “the Charter”)
- Courts of Justice Act (a.k.a “C.J.A”)
- Provincial Offences Act (Ontario) (a.k.a “P.O.A”) Parts I, II & III
- Provincial Offences Procedure Act
- Highway Traffic Act (Ontario) (a.k.a “H.T.A”)
- Ontario Ministry of Transportation Demerit Point System
- Ontario Municipal Act, 2001
- City of Toronto’s Municipal Code
- Evidence Act
- Rules of the Ontario Court (Provincial Division) In Appeals under Section 135 of the P.O.A
- Compulsory Automobile Insurance Act
- Ontario, Rules of Civil Procedure
- Bill C-2 (allows Police to compel suspected drug impaired driver’s to provide a blood, urine or saliva sample for analysis). This Bill is an amendment to the Criminal Code of Canada.
- Justices of the Peace Act
- Police Services Act
- The Law Society of Upper Canada
- Rules of Professional Conduct (for lawyers)
- The Law Society Act
- Paralegal Regulation (pursuant to the Law Society of Upper Canada and the Law Society Act) This includes a link for the Paralegal Rules of Conduct & Paralegal Standing Committee.
- The Judges Act
- Safer Roads to a Safer Ontario Act- (Chapter 13 of the Statutes of Ontario 2007) Effective Oct.13/07
- Civil Remedies Act, 2001- (Amended February 20, 2008)
- Bill 85 -The Photo Card Act, 2008 (November 27, 2008)