Fatal Error -- Failure to file ticket within 7 days | GTAMotorcycle.com

Fatal Error -- Failure to file ticket within 7 days

conundrum

conundrum

Well-known member
Just a question concerning speeding tickets (or I'm assuming other 'minor' tickets) that I have seen elsewhere but wanted to confirm -- From what I gather, if an officer fails to file a ticket within 7 days of the offence, it is rendered null and void as a 'fatal error'.

Although I've heard this from multiple sources, I am just wondering if there is any actual legal document to back this up -- I've tried searching within the Provincial Offences Act online but I can't find any direct material on what constitutes a fatal error.

EDIT: I just found this which might be part of it -- Part 1 4.

Filing of certificate of offence
4. A certificate of offence shall be filed in the office of the court as soon as is practicable, but no later than seven days after service of the offence notice or summons. 2009, c. 33, Sched. 4, s. 1 (4).
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#s34s1
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I thought that they have up to 6 months to file the ticket.
I will double check what my letter from the court says when I get home.
 
Let's not get that mixed up between amount of time to file the ticket infront of courts and the amount of time the officer has to serve the ticket on the person. Most of them are now done electronically now anyways
 
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H4x0rz said:
Let's not get that mixed up between amount of time to file the ticket infront of courts and the amount of time the officer has to serve the ticket on the person. Most of them are now done electronically now anyways
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^^ This. The officer has up to 6 months to charge someone for a Provincial offence. Once that charge is laid by way of a ticket (Provincial Offence Notice), the officer must file it within 7 days of service or it's a fatal error.
 
coyo said:
^^ This. The officer has up to 6 months to charge someone for a Provincial offence. Once that charge is laid by way of a ticket (Provincial Offence Notice), the officer must file it within 7 days of service or it's a fatal error.
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So to update I called the courthouse last Thursday and they called me back Friday saying the ticket is late and can only be served in person, so ignore. Well today since I am OCD about these things I checked paytickets.ca again and low and behold the ticket has been filed with a date of 'not available' on it. It is now 22 days after the date I got the ticket.

Going to call the courthouse tomorrow but does anyone know what exactly is going on here? Needless to say I am rather ****** off here as it looks like someone (the cop?) is bending the rules about how long they have to file the ticket, which is 3x over the limit according to the HTA.
 
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I wouldn't read too much into the paytickets.ca information. The courts won't even accept the ticket if it's 7-days late. It's against the Provincial Offences Act to do so.

However, I'm not sure if it's in your best interest to make a big stink about it. The courts can advise the officer, and he can issue you another Part I-ticket within 30-days or a Part III Summons within six months of the alleged offence.

edit: My father received a +15km/h ticket reduced from +45km/h in Niagara. Because he had a New York DL, we just paid the ticket... four months later, i got an e-mail from paytickets.ca that the money was being refunded. For w/e reason they didn't accept the officer's ticket.

The Niagara Falls has rejected your payment for the following ticket:
File / Offence #: 4560-9XXXXXXB
Paytickets Confirmation #: 2XXXXXX
Amount Paid:$ 52.5

The reason this File / Offence was rejected:
Ticket rejected by court Office

The Paytickets service has issued a refund on your credit card for the amount of the File / Offence. The Handling Fee is not refundable.

This is a system message, please contact Niagara Falls if you have questions regarding this transaction.


​
R.I.P. handling fee :(
 
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