Penalties

If, despite your best efforts, you are found guilty, this section will apply to you. After a verdict (judgement of guilty), the justice will consider sentencing (the penalty for being found guilty). He will ask the prosecutor and then you for submissions as to what your sentence should be (POA s.57). This is one more opportunity for you to minimize the damage.

Step 3 covers how you were charged under the Provincial Offences Act. The maximum fine under Part 1 is $1,000 (POA s.12) . In order to fine you more than that, they should have issued you a summons under Part 3. In either case, the minimum penalties of the act you were charged under will take precedence up to the Provincial Offences Act limits.

For example, securities fraud carries a maximum fine of $1 million and/or two years imprisonment under the Securities Act. In order to levy the maximum fine, you would have to be charged under Part 3. But if you were charged under Part 1, the maximum you would face is a $1,000 penalty with no possibility of imprisonment.

Another example, if you were charged with speeding, it would be under the Highway Traffic Act. The minimum penalties under the Highway Traffic Act would apply up to a maximum of $1,000 if you were charged under Part 1. To be fined more, you should have been issued a summons under Part 3. If they did not issue a Part 3 summons, then you cannot be fined more than $1,000.