Fines and Penalties
Pay a ticket
If you receive a ticket in the mail, information on how to pay it will be included on the back. Options for payment and requesting a trial are also included – all specific to the municipality in which the offence occurred.
Early resolution or walk-in plea of guilty
If you receive a ticket, you also have the option of early resolution or a walk-in plea of guilty with information specific to the location where the offence occurred as set out in the offence notice or ticket.
Request a trial
If you want to challenge a ticket, you may request a trial.
Please note:
Only the vehicle owner receiving the offence notice can request a trial.
Only the vehicle owner is the defendant. While the owner, known as the defendant, may have a representative, the driver or vehicle operator has no status with regard to the charge unless they are also the owner. The offence notice was issued because the provincial offences officer who reviewed the image captured by the ASE system had reasonable grounds to believe that the owner committed the offence of speeding.
Trial details
There will be no witnesses for the prosecution at a trial. Instead, the prosecutor will rely on the certified statement of the provincial offences officer, the certified proof of ownership and certified copies of the image or picture of the motor vehicle. This includes the data box as well as an enlargement of the plate portion.
The provincial offences officer who completes the certified statement or certifies the photographs can only be compelled to attend the trial if an application is made to the presiding judicial officer at the trial. The application would only be successful if you are able to show that the attendance of the provincial offences officer is necessary to ensure a fair trial but because the provincial offences officer sets forth all of his or her knowledge of the alleged offence in the certified statement it can be difficult to meet this test.
In addition, the certificate of accuracy for the speed measurement device proves that the speed measurement taken by the ASE system is accurate. A copy of the certificate may be provided as part of the disclosure of the prosecution’s case or you, as the defendant, may be directed where to view it. You should note that the set fine indicated on the offence notice will no longer apply if you are convicted at trial. Instead the penalties that will apply are outlined in the Highway Traffic Act.
The role of a provincial offences officer:
Reviews the images from the ASE system, as well as the associated data; obtains the vehicle license plate registration information from the Registrar of Motor Vehicles; confirms that the location of the offence is a school zone or community safety zone; and confirms that there is a certificate of accuracy for that device issued within 12 months of the date of the offence.
Completes a certified statement, which is also the charging document known as a certificate of offence, with all of the relevant information contained in it and then files it with the court office in the municipality where the offence occurred.
Completes and issues the offence notice or ticket, which is served by mail, or courier in the case of a postal disruption, to the owner at the last known address on file with the Ontario Ministry of Transportation.
To review the law with regard to ASE, please visit OntarioLaws.