Provincial Offences

Can a provincial offence charge be stayed because the case took too long?

Last updated October 8, 2026.

Yes. Section 11(b) of the Charter gives anyone charged with an offence the right to be tried within a reasonable time. In R. v. Jordan (2016), the Supreme Court of Canada set a presumptive ceiling of 18 months from the charge to the end of trial for cases in the provincial court, not counting delay the defence caused or waived. If a justice finds the right was breached, the charge is stayed.

A stay ends the prosecution without a trial on the facts, so there is no conviction, no fine and no demerit points. It is not automatic, and the rules about what counts as delay are strict. Our page on provincial offences help in Ontario explains how Carson Frankum, a licensed paralegal in Hamilton, approaches these cases. This guide sets out how the months are counted, who has to prove what, and the written notice you must give before you can ask for a stay.

How does a delay application work, step by step?

Provincial offences, such as Highway Traffic Act charges and municipal by-law charges, are heard in the Ontario Court of Justice (Provincial Offences Act, s. 1). Section 11 of the Charter protects "any person charged with an offence," and section 24(1) lets a person whose Charter rights were infringed ask a court for a remedy that is "appropriate and just." The usual order of events looks like this.

1. Build the timeline. Write down the date you were charged, every court date after it, and why each date was put over. The Jordan clock runs "from the charge to the actual or anticipated end of trial," not from the date of the offence.
2. Take out defence delay. Jordan says delay waived by the defence, or caused solely by the defence's conduct, is subtracted from the total (paras. 60 to 66).
3. Compare what is left with 18 months. If the net delay is over the ceiling, it is presumed unreasonable. If it is under, the application is still possible but much harder.
4. Get the record. Order transcripts of the earlier appearances so the justice can see who asked for each adjournment and why. The City of Hamilton's court office says you need three copies of the transcript for a Charter application.
5. Serve notice of a constitutional question. The Ontario Court of Justice's guide for defendants says a person who wants to argue a Charter breach must give written notice to the Attorney General of Canada and the Attorney General of Ontario at least 15 days before the trial date, with copies to the court office and the prosecutor, using Form 4F. Section 109 of the Courts of Justice Act sets the same 15-day rule and applies it to provincial offences proceedings (s. 95(3)).
6. Raise it at the start of the trial. The court's guide tells defendants to tell the justice of the peace at the start of the case if they want to argue that the charge should not go ahead because of a Charter breach.
7. The justice decides. Above the ceiling, the prosecution must show exceptional circumstances. Below it, the defence must show it took meaningful steps to move the case along and that the case took markedly longer than it reasonably should have. If the application succeeds, the charge is stayed. If not, the trial goes ahead.

Most ticket cases never get near 18 months, because many are resolved early. If your case is still at the start, a meeting with the prosecutor may be the quicker path; see what happens at an early resolution meeting.

What counts as delay, and what is subtracted?

The Supreme Court sorted delay into categories. Getting them right is most of the work in a delay application.

What changes the answer?

Whether the Jordan ceiling fits your charge

Jordan was a criminal drug case. The Court set 18 months for cases tried in "the provincial court" and 30 months for cases in the superior court (para. 49). Provincial offences are tried in the Ontario Court of Justice, Ontario's provincial court. How the framework applies to a particular regulatory charge, such as a minor ticket, is a question for the justice hearing your application, so the 18 months is the starting point to argue, not a guarantee.

Your own requests and agreements

Asking for an adjournment because you are not ready, when the court and prosecutor are ready, is likely to be counted against you (para. 64). Waiver must be "clear and unequivocal," and the person must know the right and the effect of giving it up (para. 61). Read anything you sign or agree to on the record carefully. Preparation time and requests that are not frivolous generally do not count against you (para. 65).

Exceptional circumstances on the prosecution's side

Illness of an important witness, an emergency of the justice, or a trial that runs past its realistic estimate can be subtracted or can justify the time (paras. 72 to 75). The seriousness of the charge and the lack of harm to you cannot be used to excuse delay over the ceiling (para. 81). The prosecution must also show it took reasonable steps to avoid the problem (para. 70).

Your conduct below the ceiling

To succeed under 18 months, the defence must show it tried to set the earliest dates, cooperated with the prosecutor and the court, put the prosecutor on timely notice when delay was becoming a problem, and brought its own applications promptly (para. 85). The Court said stays below the ceiling should be "rare, and limited to clear cases" (para. 48).

The notice requirement

If the notice of constitutional question is not given, the remedy "shall not be granted" (Courts of Justice Act, s. 109(2)). The court can order otherwise on timing (s. 109(2.2)), but you should not rely on that.

How the case started

A charge laid by Part III summons usually has more appearances before trial than a Part I ticket, so more dates to account for. Higher stakes charges such as careless driving are more often set for a full trial, which is where long gaps tend to build up.

A conviction entered without you

If you were convicted in your absence and the conviction is later struck out, the case returns to the court process. How the earlier months are treated depends on why the conviction was entered and is for the justice to decide. Start with our guide to reopening a conviction entered without you, which has its own 15-day deadline.

Not the same as the limitation period

Section 76 of the Provincial Offences Act stops a proceeding from being started more than six months after the offence date unless another Act sets a different period. That is a separate rule about when a charge can be laid, not about how long the case takes once it has started.

A worked example

For example, imagine a Hamilton driver named Priya who is served with a summons for a stunt driving charge in January of one year. Assume the charge was laid that same day. Her first appearance is in March. The prosecutor has not yet provided full disclosure, so the case is put over twice. In the summer, Priya asks for two months to look for a representative, while the court and prosecutor are ready. A trial date is finally set for November of the following year, about 22 months after the charge.

The two months she asked for are likely defence delay and come off, leaving about 20 months. That is over the 18-month ceiling, so the delay is presumed unreasonable. The prosecutor might point to a witness's surgery that forced one adjournment, which could be subtracted as a discrete event if it could not have been worked around. If that removed a month, the net delay would still be about 19 months, and the prosecutor would need to show something more. Priya serves her notice of constitutional question more than 15 days before the trial date and raises the application at the start of trial.

Whether the justice grants a stay depends on the full record: the transcripts, who asked for each date, and whether the prosecutor tried to avoid the delay. Priya is a made-up person, and this is not a real case or a result anyone obtained.

Common mistakes people make with delay applications

• Counting from the offence date. The clock runs from the charge to the end of trial. For a summons, the charge may be laid well after the incident.
• Forgetting the 15-day notice. Raising delay for the first time on the trial date, without serving the Attorneys General, can end the argument before it starts.
• Agreeing to dates without thinking. Telling the court "any date is fine" or asking for time when everyone else is ready can turn months into defence delay.
• Not asking for disclosure early. The court's guide says you must ask for disclosure to get it. Our article on preparing for a provincial offences hearing covers what to request. Waiting can blur who is responsible for later adjournments.
• No transcripts. Without the record of each appearance, it is hard to prove why a date was put over.
• Staying silent below the ceiling. Under 18 months, the defence must show it pushed for earlier dates and warned the prosecutor that delay was becoming a problem.

What to do this week

1. Find the date you were charged and list every court date since, with the reason each was adjourned.
2. Mark any period where you asked for time or agreed to waive delay.
3. If you have not already, request disclosure from the prosecutor's office in writing.
4. Order transcripts of the earlier appearances; in Hamilton the court office takes transcript orders with a minimum $25 deposit.
5. Count back 15 days from your trial date and put the notice deadline in your calendar.
6. If the net delay is near or over 18 months, get advice from a licensed paralegal before the notice deadline. Hamilton details are on our Hamilton Provincial Offences Court page.

Frequently asked questions

Does section 11(b) apply to traffic tickets?

Section 11 protects "any person charged with an offence," and provincial offences are offences under the Provincial Offences Act. How the Jordan ceiling applies to a particular charge is decided by the justice hearing the application. Most ticket cases are resolved long before delay becomes an issue.

What happens if the charge is stayed?

A stay of proceedings ends the prosecution of that charge. There is no conviction, so no fine is imposed and no demerit points are recorded, because points follow only a conviction under O. Reg. 339/94.

Can I still apply if the delay is under 18 months?

Yes, but the burden is on you. You must show you took meaningful, sustained steps to speed things up and that the case took markedly longer than it reasonably should have. The Supreme Court expects stays below the ceiling to be rare.

Is the notice the same as telling the prosecutor?

No. The notice of constitutional question goes to the Attorney General of Canada and the Attorney General of Ontario. The court's guide also asks you to give copies to the court office and the prosecutor, and to be ready to prove at trial that you served it.

Can a licensed paralegal bring a delay application?

Yes. Under the Law Society's By-Law 4, section 6, a licensed paralegal may advise on, prepare documents for and represent a party in Provincial Offences Act proceedings before the Ontario Court of Justice. An appeal to the Superior Court of Justice from a provincial judge's decision on a Part III charge is outside that scope, and you would need a lawyer for it.

Does a delay application cost money?

There is no filing fee mentioned in the court's guide, but transcripts cost money. Hamilton lists a certified electronic transcript at $6.30 per page or $25, whichever is greater, with faster service costing more.

What if I am not ready on the trial date myself?

An adjournment you need when the court and prosecutor are ready will usually count as defence delay. That can push a case that was over the ceiling back under it, so think carefully before asking. Our article on when to seek help with a provincial offence discusses getting advice early.

Sources

• Canadian Charter of Rights and Freedoms, ss. 11 and 24 (Justice Laws Website)
• R. v. Jordan, 2016 SCC 27 (Supreme Court of Canada)
• Provincial Offences Act, R.S.O. 1990, c. P.33, ss. 1 and 76 (Ontario e-Laws)
• Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 95 and 109 (Ontario e-Laws)
• O. Reg. 339/94, Demerit Point System (Ontario e-Laws)
• Guide for Defendants in Provincial Offences Cases (Ontario Court of Justice)
• Provincial Offences Notice: transcripts and disclosure (City of Hamilton)
• By-Law 4, Licensing, s. 6 (Law Society of Ontario)

Need help with a provincial offence? Contact us today for legal support.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.