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To appeal a provincial offence conviction or sentence in Ontario, whether a traffic ticket, a Highway Traffic Act charge or a regulatory or by-law offence, you must file a notice of appeal within 30 days of the decision, and you normally have to pay the fine first. Appeals from tickets go to a provincial judge of the Ontario Court of Justice. Cases started by a summons or information go to the Ontario Court of Justice or the Superior Court of Justice, depending on who tried the case.
Are you looking to hire a lawyer to appeal your Provincial Offences Act conviction or sentence in Toronto, Ontario or elsewhere in the Greater Toronto Area? This article is intended to provide general information about appealing your conviction or the sentence you received.
Follow this link for information about the criminal appeal process if you are looking to appeal your criminal conviction or overturn your criminal sentence. If you would like to speak to one of the appeal lawyers at Daniel Brown Law to get legal advice about appealing your conviction or sentence for a provincial offence, call (416) 297-7200 to schedule a consultation.
- Deadline
- 30 daysAfter the decision you are appealing
- Ticket appeals
- Ontario Court of JusticeHeard by a provincial judge, s. 135
- The fine
- Pay it firstOr ask a judge to waive that, s. 111
- Missed your trial?
- 15 daysTo apply to reopen, which is not an appeal, s. 11
How do you appeal a Provincial Offences Act conviction or sentence in Ontario?
Five steps, from the decision to the Court of Appeal. The first deadline is the one that matters most.
Sections of the Provincial Offences Act, R.S.O. 1990, c. P.33, and the court rules for provincial offences appeals (O. Reg. 722/94 for ticket appeals, O. Reg. 723/94 for summons cases). A ticket is a certificate of offence under Part I or a parking ticket under Part II. A summons case is started by an information under Part III.
What is a provincial offence, and what is an appeal?
Provincial offences are prosecuted like crimes, but they are not crimes, and the appeal rules are their own.
Not a crime, but still a prosecution
Provincial offences are those offences created by the Government of Ontario to regulate the behaviour of individuals and businesses in the province. They include driving offences like stunt driving, driving while suspended and careless driving under the Highway Traffic Act, failing to comply with workplace safety standards under the Occupational Health and Safety Act, making a false claim for benefits under the Workplace Safety and Insurance Act, or failing to clean up a pollutant under the Environmental Protection Act. These are not criminal offences – criminal offences are contained in the Criminal Code and other laws passed by the Federal Government. Dangerous driving, for example, is a criminal charge, while careless driving is a provincial one.
While provincial offences are not criminal offences, you will still be “prosecuted” for a provincial offence and can go to trial, be found guilty, and be sentenced. You can be given a fine, probation, and, in some cases, jail time. Jail is possible only in a case started by a summons or information: a ticket carries a fine of no more than $1,000 (s. 12). Much like a criminal case, you can also appeal a conviction or sentence under the Provincial Offences Act.
An appeal is not a new trial
If you have been found guilty of a provincial offence, you may want to appeal. An appeal is not a new trial. At an appeal, your lawyer has to explain to a judge how a legal or factual mistake was made at your trial or demonstrate why your trial was unfair (i.e. the “grounds of appeal”). You can appeal your conviction, the sentence you received, or both.
In a summons case, the appeal court can occasionally order that the appeal itself be heard as a new trial, for example where the trial record is in poor condition (s. 127).
A ticket appeal is a review
An appeal from a ticket is conducted as a review. The judge can rehear the recorded evidence, require a transcript, receive evidence from witnesses whether or not they testified at trial, and ask the justice of the peace who tried the case to report in writing (s. 136).
Paying the fine does not end your appeal
You do not give up your right of appeal just because you paid the fine or complied with an order made on conviction (s. 114). That matters, because the fine usually has to be paid before the appeal can start.
The conviction stands until a judge says otherwise
Filing a notice of appeal does not stay the conviction unless a judge orders it (s. 112). Orders that follow from the conviction stay in force unless a stay is obtained, with one important exception for driver’s licence suspensions, explained below.
Which court hears a provincial offences appeal, and how long do you have?
It turns on how the case started. A ticket always goes to a provincial judge. A summons case goes one level above whoever tried it.
| Decision being appealed | Where the appeal goes | Time limit |
|---|---|---|
| A ticket (certificate of offence)Part I · POA s. 135; O. Reg. 722/94 | Ontario Court of Justice, before a provincial judge | File within 30 days after the decision |
| A parking ticketPart II · POA s. 135 | Ontario Court of Justice, before a provincial judge | File within 30 days after the decision |
| A summons case tried by a justice of the peacePart III · POA s. 116(2)(a); O. Reg. 723/94 | Ontario Court of Justice, before a provincial judge | Serve within 30 days; file within 5 days after service |
| A summons case tried by a provincial judgePart III · POA s. 116(2)(b); O. Reg. 723/94 | Superior Court of Justice | Serve within 30 days; file within 5 days after service |
| The first appeal court’s decisionPOA ss. 131, 139: leave on special grounds; O. Reg. 721/94 | Court of Appeal for Ontario | Serve the motion for leave within 30 days |
Minor traffic charges such as speeding usually start with a ticket. A charge on which the prosecution wants to seek jail, or a fine above $1,000, has to start with a summons or information under Part III, because a ticket caps the penalty (s. 12).
Who judges the appeal?
If your case started with a ticket, your appeal is heard by a provincial judge of the Ontario Court of Justice. If it started with a summons or information, who judges an appeal depends on who judged your trial. If your trial was before a Justice of the Peace, wearing a green sash and referred to as “Your Worship”, your appeal will be heard by a judge of the Ontario Court of Justice. If your trial was before a judge, wearing a red sash and referred to as “Your Honour”, your appeal will be heard by a judge of the Superior Court of Justice.
What can the appeal court do?
It can acquit you, order a new trial, change the sentence, or leave the result alone. The prosecutor can appeal too.
If you win a conviction appeal
Acquittal or a new trial
If you win an appeal from your conviction, the appeal judge might reverse the trial decision (i.e. you might be acquitted) or the appeal judge might order a new trial in your case. In a summons case the court can allow the appeal where the finding is unreasonable or cannot be supported by the evidence, rests on a wrong decision on a question of law, or involved a miscarriage of justice (s. 120). A new trial is held before a different justice unless the court directs otherwise.
If you win a sentence appeal
A lower sentence
If you win an appeal from your sentence, the appeal judge can impose a lower sentence. The court considers whether the sentence was fit and can vary it within the limits the law sets for the offence (s. 122). On a ticket appeal the judge can affirm, reverse or vary the decision (s. 138).
If the prosecutor appeals
You have to defend it
The prosecutor can also file an appeal if you were acquitted of a provincial offence or they can appeal the sentence you received. If this happens, you will be required to defend the appeal. If the prosecutor wins the appeal, the appeal judge can enter a conviction or order a new trial (if the prosecutor appealed your acquittal), or impose a higher or different sentence (if the prosecutor appealed your sentence).
A further appeal is the exception
Court of Appeal, with leave
In most cases, a person will only be given one opportunity to appeal their case though there may be an opportunity to ask a higher appeal court to review the appeal judge’s decision in limited cases. A judge of the Court of Appeal grants leave only where it is essential in the public interest or for the due administration of justice (ss. 131(2), 139(2)).
How do you start a provincial offences appeal, and what does it cost?
A notice of appeal, filed on time, with the fine dealt with. Everything else follows from those three things.
The notice of appeal
The first step in any appeal is to tell the court and the prosecutor’s office that you are appealing. This must be done by filing a notice of appeal. A notice of appeal is a form that you submit to the court that tells the court that you want to appeal and what the grounds of appeal are in your case.
For a ticket, it is Form 1, the Notice of Appeal under Section 135 of the Provincial Offences Act, filed with the court clerk. For a summons case, it is Form 1, the Notice of Appeal under Section 116 of the Provincial Offences Act, which you serve on the prosecutor and then file with proof of service.
The 30-day deadline
In order to preserve your right to appeal, you must file the notice of appeal within 30 days after the decision you are appealing. In a summons case the notice must be served on the prosecutor within those 30 days and filed within five days after service. If you were convicted on one day and sentenced on another, get advice at once rather than assume the later date.
If you do not file your notice of appeal on time, you have to ask a judge for an extension of time to appeal. A judge may allow your appeal to continue if you have a good reason for delaying your appeal. In some cases, a person or business may be found guilty without realizing they even had a trial date. The circumstances of the delay and the amount of time that has passed between the deadline date and the day the appeal notice was filed will be considered by the judge before they agree to extend the appeal deadline. Only one application to extend the time to appeal is allowed for each conviction (s. 85(2)), so it has to be done properly the first time. It can be filed together with the notice of appeal.
Paying the fine first
In most cases, in order to start the appeal process, you will first need to pay your fine. The court will not accept the notice of appeal for filing until the fine is paid in full (s. 111(1)). If you are unable to pay your fine before starting the appeal process, you can ask a judge for permission to start the process without paying the fine. The application can be filed at the same time as the notice of appeal, and the prosecutor is entitled to notice of it. If the judge agrees, you may need to enter into a “recognizance” – an agreement in which you pledge a certain amount of money and promise to follow certain conditions – to ensure you appear for your appeal. If you do not appear for your appeal, you will have to pay the amount pledged in the recognizance.
Transcripts and costs
As explained above, in most cases you need to pay your fine before you will be allowed to file your notice of appeal. If you are unable to pay your fine, you will need to ask the court’s permission to file your notice of appeal without first paying your fine.
In some cases, you will also need to order the “trial transcripts”. Transcripts are a record of everything that was said as part of your trial. Whether transcripts must be ordered in your appeal depends on how your case started. In a ticket appeal no transcript is needed unless the judge orders one. In a summons case the appellant files a clerk’s certificate about the transcript with the notice of appeal, then files the transcript itself. The side starting the appeal must order and pay for the transcripts. The appeal court can also make an order for costs.
Can you stay out of jail, or keep driving, while you appeal?
Sometimes. Release from custody needs a judge’s order. A licence suspension can be paused by notice alone.
Release from custody
POA ss. 110, 113
If you are sentenced to jail time, you can ask a judge to pause your jail sentence and release you on bail while you are waiting for your appeal to be heard. The Provincial Offences Act lets a judge order your release on conditions such as a recognizance (s. 110). It does not spell out a test, so your lawyer’s application should show that the grounds of your appeal have merit and that there is no need for you to serve the sentence before the appeal is decided. If you stay in custody and the hearing has not started within 30 days of the notice of appeal, a judge must be asked to fix a date (s. 113). For criminal cases, see bail pending appeal.
Your driver’s licence
Highway Traffic Act s. 55
If your driver’s licence was suspended following the conviction, appealing the conviction and giving the Registrar of Motor Vehicles notice of the appeal that the Registrar accepts stays the suspension until the appeal is concluded. That rule dates from a 2024 amendment. Other consequences of the conviction, such as a probation order, stay in force unless a judge stays the conviction (s. 112).
What if you were convicted because you missed your court date?
A ticket conviction entered in your absence can often be reopened. The window is 15 days.
If your prosecution started with a ticket and you were convicted without attending your hearing, you can apply to have your conviction struck out and the case reopened for a new trial. This is not an appeal – it is an opportunity to reopen your trial proceedings. However, the court will only let you reopen your case if you can show you were unable to go to your first trial through no fault of your own or that you did not receive notice of your trial date or another step in the proceeding. The same applies if, through no fault of your own, you could not attend a scheduled meeting with the prosecutor.
You only have 15 days from when you learn of your conviction to apply to have your conviction struck (s. 11(1)). The application is made on the prescribed form at the court office. The clerk decides it first and, if the clerk does not strike the conviction, sends it to a justice. If the conviction is struck out, the court gives notice of a new trial date or a meeting with the prosecutor. Parking convictions have the same 15-day window (s. 19).
If the 15 days have passed, an appeal, with an application to extend the time if needed, may still be available.
Why choose Daniel Brown Law for a provincial offences appeal?
There are many things a lawyer can do to help you appeal your conviction or sentence for a provincial offence and increase your chances of success:
A nationally recognized defence firm
Daniel Brown Law is a leading Canadian criminal defence firm. Best Law Firms ranks it for both criminal defence and appellate practice, Canadian Lawyer names it one of Canada’s top criminal law boutiques, and The Globe and Mail lists it among Canada’s best law firms.
Strong grounds, identified early
A lawyer can identify strong grounds of appeal. A lawyer can prepare the documents to start the appeal process including filing a “notice of appeal” to preserve your right to bring an appeal of your conviction and/or sentence.
Out of custody, and back on the road
A lawyer can apply for you to be released from jail on bail while you wait for your appeal to be argued at your appeal hearing. A lawyer can bring an application to stay your conviction and the orders that flow from it, such as a probation order, and can give the Registrar notice of the appeal so that a driving licence suspension that followed the conviction is stayed.
Argued properly the first time
A lawyer can represent you in your appeal at court, making the legal arguments on your behalf at the appeal hearing. It is therefore important to conduct your appeal properly the first time around. Having an experienced appeal lawyer assisting with filing documents with the court and arguing your appeal will almost certainly increase your chances for success.
Our appeals practice handles criminal appeals at every level as well.
Recognized by the profession and the public
Daniel Brown Law is named one of Canada’s Best Law Firms by The Globe and Mail, ranked among Canada’s top criminal law boutiques by Canadian Lawyer, ranked Tier 1 for criminal defence by Best Law Firms, and voted Best Law Firm by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.
Best Law Firms: Criminal Law
The Globe and Mail, 2026
Top Criminal Law Boutique
Canadian Lawyer, 2026–27
Criminal Defence, Tier 1
Best Law Firms Canada, 2026
Best Lawyers in Canada
Criminal Defence, 2027
Toronto Star Readers’ Choice
Best Law Firm and Best Legal Services, repeat winner
Toronto’s Best Lawyers
Post City and Streets of Toronto, 2025
The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:
- Canada’s Best Law Firms 2026 — The Globe and Mail (Report on Business)
- Canada’s Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
- Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
- Best Lawyers in Canada — Criminal Defence — Daniel Brown, Hilary Dudding, Mark Halfyard, Lindsay Board and Colleen McKeown
- Toronto Star Readers’ Choice Awards — Best Law Firm and Best Legal Services, repeat winner
- Toronto’s Best Lawyers — Post City and Streets of Toronto, 2025
- Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard — fewer than 2% of Ontario criminal lawyers hold this designation)
Frequently asked questions about appealing a Provincial Offences Act case
Short answers. Each is explained in full above.
Provincial offences and appeals
What is a provincial offence?
An offence created by Ontario law, a regulation or a municipal by-law, such as a Highway Traffic Act charge, a workplace safety charge or an environmental charge. It is not a criminal offence, but it is prosecuted and can lead to a fine, probation and, in cases started by a summons or information, jail.
What is a provincial offence appeal?
A request to a higher court to review the conviction, acquittal or sentence. It is not a new trial: your lawyer has to show a legal or factual mistake, or that the trial was unfair.
Can I appeal a traffic ticket conviction in Ontario?
Yes. A conviction on a ticket under the Provincial Offences Act, including a Highway Traffic Act ticket, can be appealed to a provincial judge of the Ontario Court of Justice. The notice of appeal must be filed within 30 days after the decision (s. 135).
Who judges a Provincial Offences Act appeal?
A ticket appeal is heard by a provincial judge of the Ontario Court of Justice. In a case started by a summons or information, a trial before a justice of the peace is appealed to the Ontario Court of Justice, and a trial before a provincial judge is appealed to the Superior Court of Justice (s. 116(2)).
Can the prosecutor appeal a Provincial Offences Act trial?
Yes. The prosecutor can appeal an acquittal or a sentence. If it wins, the court can enter a conviction, order a new trial or impose a different sentence, so you will need to defend the appeal.
What happens if I win my appeal?
On a conviction appeal the court can acquit you or order a new trial. On a sentence appeal it can impose a lower sentence.
Deadlines, fines and costs
How do I start a provincial offences appeal?
By filing a notice of appeal that sets out your grounds. For a ticket it is filed with the court clerk; in a summons case it is served on the prosecutor and then filed with proof of service.
Is there a time limit to file an appeal?
Yes. The notice of appeal must be filed within 30 days after the decision you are appealing. In a summons case it must be served within 30 days and filed within five days after service.
Can you still file an appeal after the appeal deadline date?
Only if a judge extends the time. The judge looks at the reason for the delay and how long it has been. You can make only one application to extend the time to appeal for each conviction (s. 85(2)).
Do I have to pay my fine before I appeal?
In most cases, yes: the notice of appeal will not be accepted until the fine is paid in full. A judge can waive that requirement and order you to enter a recognizance instead (s. 111). Paying the fine does not waive your right to appeal (s. 114).
What are the costs to file an appeal?
The fine usually has to be paid first. In a summons case the appellant must also order and pay for the trial transcripts; in a ticket appeal a transcript is needed only if the judge orders one.
Jail, licences and missed court dates
Can I avoid serving my jail sentence if I file a provincial offence appeal?
You can ask a judge to release you while the appeal is pending (s. 110). Your lawyer’s application should show that the appeal has merit and that you do not need to serve the sentence first.
Is my driver’s licence suspension paused while I appeal?
If the suspension followed the conviction, yes, once you appeal the conviction and give the Registrar of Motor Vehicles notice of the appeal that the Registrar accepts. The suspension is stayed until the appeal is concluded (Highway Traffic Act s. 55).
What if I was convicted when I missed my court date?
If the case started with a ticket, you can apply within 15 days of learning of the conviction to have it struck out, if you missed the hearing through no fault of your own or never received notice. This is a reopening, not an appeal (s. 11).
Can I appeal to the Court of Appeal for Ontario?
Only with leave of a judge of the Court of Appeal, on special grounds, and on a question of law alone (or sentence, in a summons case). Leave is granted only where it is essential in the public interest or for the due administration of justice (ss. 131, 139).
Your lawyer
Why should I hire an appeal lawyer to help with my appeal?
Most people get one appeal. A lawyer identifies the grounds, files the notice of appeal on time, seeks release or a stay where it is needed, and argues the appeal, which gives you the best chance of success.
Charges we defend
Learn more about some of the charges we defend. We defend more than what we have written blog articles about.
- Assault
- Bail hearings
- Bail pending appeal
- Coercive control
- Criminal appeals
- Criminal harassment
- Dangerous driving
- Distributing an intimate image
- Domestic assault
- Drug possession
- Drug trafficking
- Extradition
- Fail to appear at court
- Fail to comply with bail
- Failing to remain at the scene
- Firearm and weapon possession
- Forcible confinement
- Fraud
- Impaired driving
- Importing drugs
- Mischief
- Murder and manslaughter
- Obstruct police
- Peace bonds
- Public mischief
- Refusing a breath sample
- Robbery
- Sexual assault
- Sexual exploitation
- Theft and shoplifting
- Uttering threats
- Voyeurism
- Young offenders
Appealing a provincial offence? Talk to Daniel Brown Law
The 30-day clock starts with the decision. Please call us at (416) 297-7200 for a consultation about appealing your conviction for a provincial offence or the sentence you received, or contact our team online.
Phone: (416) 297-7200
Office: Daniel Brown Law, 400–103 Church St., Toronto, ON M5C 2G3