Notice of Motion (POA)

R.R.O. 1990, Reg. 200: RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS

7. (1) An application provided for by the Act or these rules shall be commenced by notice of application.

(2) A motion provided for by the Act or these rules shall be commenced by notice of motion.

(3) There shall be at least three days between the giving of notice of application or notice of motion and the day for hearing the application or motion.

(4) An applicant or moving party shall file notice of application or notice of motion at least two days before the day for hearing the application or motion.

(5) Evidence on an application or motion may be given,

(a) by affidavit;

(b) with the permission of the court, orally; or

(c) in the form of a transcript of the examination of a witness.

(6) Upon the hearing of an application or motion and whether or not other evidence is given on the application or motion, the justice may receive and base his or her decision upon information the justice considers credible or trustworthy in the circumstances.

(7) An application or motion may be heard without notice,

(a) on consent; or

(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.

(8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7.

Courts of Justice Act, RSO 1990, c C.43

Provincial offences rules

70.1 (1) Subject to subsection (2), the Attorney General may make rules in relation to the practice and procedure of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in proceedings under the Provincial Offences Act, including rules,

(a) regulating any matters relating to the practice and procedure of proceedings under the Provincial Offences Act;

(b) prescribing forms;

(c) regulating the duties of the employees of the courts;

(d) regulating the duties of municipal employees and other persons who act under the authority of agreements made under Part X of the Provincial Offences Act;

(e) prescribing and regulating the procedures under any Act that confers jurisdiction under the Provincial Offences Act on the Ontario Court of Justice or a judge or justice of the peace sitting in it;

(f) prescribing any matter relating to proceedings under the Provincial Offences Act that is referred to in an Act as provided for by the rules of court. 2017, c. 2, Sched. 2, s. 14.

Prior approval of courts

(2) Before a rule may be made under subsection (1), the Attorney General shall obtain the approval of one or more of the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice, as the Attorney General considers appropriate given the proceedings to which the rule would apply. 2017, c. 2, Sched. 2, s. 14

Recommendations, proposals by courts

(3) The Attorney General shall consider any recommendations or proposals given to him or her by the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice or the Chief Justice of the Ontario Court of Justice respecting rules that may be made under subsection (1).