In Ontario, there are thousands of laws enacted under provincial legislation that often takes a very similar form in procedure and consequences as Criminal Code offences and a typically prosecuted under the Provincial Offences Act which carries consequences of fines, probation, or imprisonment.
There is a misconception that Provincial Offences are not as serious as criminal offences; however, this is only true in some contexts. It is not uncommon for Provincial and regulatory offences to carry much greater punishment and fines that those associated with typical Criminal Code charges. Even when these charges relate to corporations, there may still attach a certain stigmatization for the company that can come back and cause significant problems in the future. Although many companies will approach a charge on a cost benefit analysis, this may be short sighted and, in the end, cost the corporation more money in the end.
Having the advice of our experienced lawyers can assist you or your company in determining what is an appropriate resolution and what ought to be challenged vigorously.
Regulatory offences include, but are not limited to, those offences under the Liquor Licence and Liquor Control Act, the Highway Traffic Act, the Occupational Health and Safety Act, the Environmental Protection Act, the Police Services Act, etc.
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