Provincial Offences vs. Criminal Code Charges: What is the Difference?
Got a ticket or a charge in Ontario but unsure if it is criminal? Provincial offences and Criminal Code charges go to different courts, carry different conse...
Frequently Asked Questions
Will a Highway Traffic Act conviction give me a criminal record?
No. Highway Traffic Act offences are provincial offences, not Criminal Code offences. They appear on your driving record and may affect insurance, but they do not create a criminal record.
Can a paralegal represent me on an impaired driving charge?
Generally, no. Impaired driving (operation while impaired) is a Criminal Code offence. While paralegals can handle Criminal Code summary conviction matters with a maximum penalty of 6 months, impaired driving charges typically exceed that and require a lawyer.
I was charged with careless driving causing bodily harm. Is that criminal?
No. Careless driving causing bodily harm is a Highway Traffic Act offence, not a Criminal Code offence. It is heard in Provincial Offences Court. The penalties are higher than regular careless driving (including possible jail and a longer suspension), but it does not create a criminal record. It is, however, often charged alongside Criminal Code offences in serious accidents.
What is a hybrid offence?
A hybrid (or "Crown elect") offence is a Criminal Code offence the Crown can prosecute either summarily (less serious procedure, less serious penalties) or by indictment (more serious procedure, more serious penalties). The Crown chooses how to proceed based on the seriousness of the alleged conduct.
Should I just pay the ticket?
For minor provincial offences, paying might be the simplest option. But a guilty plea can have insurance and licence consequences for years. For anything carrying demerits, a possible suspension, or significant fines, get advice before paying.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.