Provincial Offences

What happens at an early resolution meeting with the prosecutor?

Last updated October 7, 2026.

An early resolution meeting is a short meeting with the municipal prosecutor that you can request within 15 days of getting a ticket, if the ticket offers it. You and the prosecutor may agree on a guilty plea to the same or a lesser charge and on the penalty, which you then put to a justice of the peace. If you do not agree, the case goes to trial and you keep every defence.

The meeting is set out in section 5.1 of the Provincial Offences Act. Carson Frankum, a licensed paralegal in Hamilton, can attend these meetings for drivers and other defendants; our page on help with provincial offences explains how. This guide explains what happens before, during and after the meeting, and when it is the wrong choice.

How does an early resolution meeting work, step by step?

1. Check that your ticket offers the meeting. Section 5.1(1) of the Provincial Offences Act applies only when the offence notice says a meeting with the prosecutor is available. The Ontario Court of Justice's guide for defendants says this is the second type of ticket (Form 4), where you tick a box to request a meeting. On the other type (Form 3), the guide says you may still be able to meet a prosecutor by contacting the court office.
2. Request the meeting within 15 days of being served. You mark the request on the ticket and deliver it to the court office named on it, or use any other method the ticket specifies (s. 5.1(2), as amended in force April 15, 2026). The request only counts once that court office receives it (s. 5.1(2.1)).
3. The clerk sends you a meeting notice. The clerk gives you and the prosecutor the time and place as soon as practicable (s. 5.1(3)). If the time does not work, you may make one written request to reschedule at least two days before, and the new meeting must be within 30 days of the original time (s. 5.1(4)).
4. You meet the prosecutor, in person or remotely. The Act allows the meeting by electronic method (s. 5.1(6)). In Hamilton, the City says early resolution meetings can be held by audio, video or in person.
5. You talk about the charge. Section 5.1(7) lets the two of you agree that you will plead guilty to the offence charged or to a substituted offence, and that you will both make submissions on penalty, including more time to pay. The court's guide adds that a meeting could also end in the charge being withdrawn.
6. If you agree, you plead before a justice. You either appear with the prosecutor before a justice in court, or, if the prosecutor directs, appear on your own before a justice within 10 days, enter the plea orally and give the agreed submissions in the required form (s. 5.1(8)). The justice may then convict and impose the set fine or another fine the law allows (s. 5.1(9)).
7. If you do not agree, a trial is scheduled. The clerk sends a notice of trial when no agreement is reached, or when the justice does not accept the plea (s. 5.1(11)). Nothing you said at the meeting takes away your right to plead not guilty.

The plea step matters more than people expect. The court's guide says a justice of the peace may accept a guilty plea only if satisfied that you are pleading voluntarily, understand that it admits the offence, understand the consequences, and understand that the justice is not bound by any deal with the prosecutor, including on sentence.

What can and cannot be agreed at the meeting?

The prosecutor's role is to resolve the charge, not to give you advice. What is on the table depends on the charge and the evidence, and nothing in the Act requires the prosecutor to offer anything. Within that, the Act and the court's guide describe a few common shapes an agreement can take.

• A plea to the same charge with submissions on penalty. You admit the offence and both sides suggest a fine, often with more time to pay (s. 5.1(7)(b)).
• A plea to a substituted offence. You plead to a different, often less serious, offence (s. 5.1(7)(a)). Demerit points are recorded for the offence you are actually convicted of, under section 2(1) of O. Reg. 339/94, so the substituted charge can change the points.
• A withdrawal. The court's guide lists withdrawal of the charge as one possible resolution.

Some things the meeting cannot change. The court's guide says a justice has no power to waive demerit points that come with a conviction, to reduce an automatic licence suspension, or to waive the costs and victim fine surcharge added to a fine. For example, a guilty plea to a hand-held phone charge still brings the automatic suspension in section 78.1 of the Highway Traffic Act; our page on distracted driving penalties explains why.

What changes the answer?

• The type of charge. Section 5.1 is part of Part I, which covers tickets (offence notices). A charge started by summons under Part III has no out-of-court payment and no section 5.1 meeting, although the court's guide says some courts let prosecutors meet defendants before trial. See what a Part III summons means.
• Missing the meeting. If you request a meeting and do not attend, you are deemed not to dispute the charge (s. 9(1)(b)), and the clerk can enter a conviction without a hearing if the certificate of offence is not defective (s. 9(2)).
• Agreeing and then not appearing. If you reach an agreement but do not appear before the justice, a justice examines the certificate and can convict you in your absence at the set fine (s. 9(1)(c) and (5)).
• Not being able to attend through no fault of your own. Section 11(1) and (2) let you apply within 15 days of learning of the conviction to have it struck out if you were unable to attend the meeting through no fault of your own. Our page on reopening a conviction entered without you covers that application.
• Delay. If a case drags on, the time it took can matter later under section 11(b) of the Charter, which protects the right to be tried within a reasonable time. Read when a charge can be stayed for delay before you ask for adjournments.
• Your points total. A plea that looks cheap can still push you over a threshold. A fully licensed driver gets a warning letter at six points and a 30-day suspension at 15. Check how demerit points add up before you agree to anything.

A worked example

For example, imagine a Hamilton driver named Sam who gets a ticket for 35 km/h over the limit on an ordinary road. The set fine for that band is $6.00 a kilometre, and a conviction carries four demerit points. Sam already has three points from an offence 14 months ago, so a conviction as charged would bring the total to seven, which is warning-letter territory for a fully licensed driver.

Sam ticks the early resolution box and emails a scan of the front and back of the ticket to the City's Provincial Offences Administration office within the 15 days, as Hamilton's page allows. A notice arrives with a video meeting time. Before the meeting, Sam writes down the facts: road conditions, where the officer was parked, and that the speed sign had been hidden by branches.

At the meeting, the prosecutor may propose a plea to a lower speed, may hold firm, or may say the matter should go to trial. If Sam accepts a plea to a lower speed, Sam then appears before a justice, who must still accept it. If Sam declines, the clerk schedules a trial and Sam can ask for disclosure and prepare a defence. The example only shows the decision points, using made-up facts; it is not a real client or a result anyone obtained.

Common mistakes people make with early resolution

• Treating it as a negotiation the prosecutor must accept. The Act lets the parties agree; it does not require an offer.
• Arriving without knowing the points. Know what each possible plea would add to your record, and what your total would be.
• Saying too much. You are talking to the person who prosecutes the charge. Stick to the facts you are sure of.
• Forgetting the justice is not bound. Any agreement on penalty is a joint suggestion; the court's guide says the justice is not bound by it.
• Missing the meeting or the plea date. Either one can lead to a conviction without a hearing under section 9.
• Not asking for time to pay. A fine is due 15 days after it is imposed unless an extension is granted (s. 66(1)). If money is tight, ask at the meeting; otherwise see what happens if a fine goes unpaid.

What to do this week

1. Read the back of the ticket and confirm whether it offers a meeting with the prosecutor.
2. Count 15 days from the date you were served and put that date in your calendar.
3. Confirm the address on the ticket is correct, since notices are sent there. Hamilton's page asks you to check this before requesting a meeting.
4. Send the request by a method the ticket allows and keep proof. In Hamilton that can be the City's online request, email, mail, or in person at Room 110, 50 Main Street East.
5. Write a dated account of what happened while it is fresh, and gather photos or documents.
6. List your demerit points from offences in the last two years.
7. Decide in advance what you would and would not accept, and what you need in time to pay.

Frequently asked questions

Can someone go to the early resolution meeting for me?

Yes. The court's guide refers throughout to "you or someone on your behalf," and a licensed paralegal may represent a defendant in Provincial Offences Act proceedings in the Ontario Court of Justice under the Law Society's By-Law 4. Hamilton's forms page includes an Authorization of Representation form for this purpose, and our article on the role of paralegals in provincial offences court explains what a representative does.

Does asking for a meeting mean I am admitting guilt?

No. The court's guide says that by meeting with the prosecutor you do not give up your right to a trial. A guilty plea happens only if you agree and then enter it before a justice.

What if I cannot make the scheduled meeting time?

You may make one written request to reschedule at least two days before the meeting (s. 5.1(4)). Hamilton uses form POA 859 for this. After that, missing the meeting can lead to a conviction in your absence.

Will the prosecutor show me the evidence at the meeting?

The court's guide says anyone charged is entitled to disclosure free of charge, but you must ask for it, and it may need to be in writing. In Hamilton, disclosure requests go to the Municipal Prosecutor's Office once you have a court date.

Can I still fight the ticket after the meeting?

Yes, if you did not reach an agreement or the justice did not accept the plea, the clerk schedules a trial (s. 5.1(11)). Once a plea is accepted and you are convicted, your route is an appeal, which must be filed within 30 days for a ticket (s. 135).

Where are Hamilton meetings held?

The City of Hamilton runs the local provincial offences court. Our page on Hamilton's Provincial Offences Court covers the office, the virtual options and how trials are scheduled.

Sources

• Provincial Offences Act, R.S.O. 1990, c. P.33, ss. 5, 5.1, 7, 8, 9, 11, 66 and 135 (Ontario e-Laws, including amendments in force April 15, 2026)
• O. Reg. 339/94, Demerit Point System (Ontario e-Laws)
• Highway Traffic Act, R.S.O. 1990, c. H.8, s. 78.1 (Ontario e-Laws)
• Guide for Defendants in Provincial Offences Cases (Ontario Court of Justice)
• Set Fines, Schedule 43, Highway Traffic Act (Ontario Court of Justice)
• Provincial Offences Notice (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.