Provincial Offences

How do you reopen a traffic conviction entered without you?

Last updated October 7, 2026.

If you were convicted on an Ontario ticket without a hearing, you can apply to have the conviction struck out within 15 days of becoming aware of it. The court must be satisfied that, through no fault of your own, you could not attend the meeting or hearing, or did not receive a notice or document about the offence. If the conviction is struck out, your case goes back to a meeting, a plea or a trial.

This process is called reopening, and it is set out in section 11 of the Provincial Offences Act. Carson Frankum, a licensed paralegal in Hamilton, helps drivers with reopening applications and the trials that follow; our page on provincial offences help explains how. This guide explains how a conviction gets entered without you, how to undo it, and what to do if the 15 days have passed.

How does a conviction get entered without you?

Most people find out about a conviction from a letter: a notice of fine and due date, a licence suspension notice, or a renewal that is refused. Under the Provincial Offences Act, a ticket (Part I offence notice) can turn into a conviction without a hearing in three main ways.

No response within 15 days. If at least 15 days pass after you were served and you did not pay, request a meeting with the prosecutor, give notice of a trial or plead guilty, you are deemed not to dispute the charge (s. 9(1)(a)). The clerk examines the certificate of offence and, if it is not defective, enters a conviction and imposes the set fine (s. 9(2)).
A missed early resolution meeting. If you asked for a meeting and did not attend, the same deemed result follows (s. 9(1)(b)). If you reached an agreement but did not appear before the justice to enter the plea, a justice can convict you in your absence at the set fine (s. 9(1)(c) and (5)).
A missed trial. If you were sent a notice of trial and did not appear, you are deemed not to dispute the charge and a justice can convict you without a hearing if the certificate is complete and regular on its face (s. 9.1). Our article on the consequences of failing to appear in court covers this in more general terms.

When a fine is imposed in your absence, the clerk must send you notice of the fine, its due date and your right to ask for more time to pay (s. 66(5)). If the fine then goes unpaid for 15 days, it is in default (s. 69(1)), and a justice of the peace can order your licence suspended until it is paid (s. 69(2); Highway Traffic Act s. 46). That is often the letter that alerts people, and our page on what happens when a traffic fine goes unpaid covers that side.

How do you reopen the conviction, step by step?

Note the date you became aware of the conviction. The 15 days in section 11(1) run from when you became aware of it, not from the offence date or the conviction date. Keep the letter or screenshot that told you.
Get the reopening form. The Ontario Court of Justice's guide for defendants names Form 102 or 102.1, the reopening application and affidavit. In Hamilton, the City's page links the "Affidavit in Support of a Request for Reopening" (POA 0876).
Explain why it was not your fault. The affidavit is sworn evidence. It should say plainly which of the three grounds applies and why: you were unable to attend a meeting, unable to appear for a hearing, or did not receive delivery of a notice or document (s. 11(2)). Attach proof where you can.
File it in the court office within the 15 days. The guide says to submit it to the court office shown on the ticket. In Hamilton, the City accepts it by email, by mail, or in person at Room 110, 50 Main Street East, and suggests checking on its status after seven business days.
The clerk decides first. Since a 2023 amendment in force September 22, 2023, the clerk of the court strikes out the conviction if satisfied by your affidavit or other evidence that a ground is met (s. 11(2)). If the clerk is not satisfied, the clerk sends the application to a justice, who must strike it out if the requirements are met (s. 11(3)).
If it is struck out, the case restarts. The clerk gives you notice of a time to plead guilty with submissions, a meeting with the prosecutor if your ticket offered one, or a trial (s. 11(4)). You also receive a certificate confirming the conviction was struck out (s. 11(6)).
Prepare for what comes next. Reopening only gets you back to the start. You still need to choose between a resolution and a trial; our page on what happens at an early resolution meeting explains the first of those.

Routes to undo a provincial offences conviction (Provincial Offences Act)
Route	When it fits	Time limit	Who decides
Reopening (s. 11)	Ticket conviction without a hearing, and you were not at fault	15 days after becoming aware of the conviction	Clerk, then a justice if the clerk does not strike it out
Strike out a defective certificate (s. 9(3) and (4))	Clerk's default conviction where the certificate of offence was defective or not complete and regular on its face	15 days after becoming aware of the conviction	A justice
Municipal error (s. 11.1)	You were convicted because of an error by the municipality or other body	None set	A justice, on the municipality's application
Appeal of a ticket case (s. 135)	You want to challenge the conviction or sentence itself	30 days after the decision; one extension application allowed (s. 85(2))	A provincial judge of the Ontario Court of Justice
Appeal of a summons case (s. 116)	Part III charge decided in your absence or after trial	Set by the appeal rules; the court's guide says 30 days to serve the notice	An Ontario Court of Justice judge (from a justice of the peace) or the Superior Court of Justice (from a judge)

What changes the answer?

Whose fault it was. Section 11(2) turns on "no fault of the defendant." Moving without updating your address, ignoring mail or forgetting a date are hard to frame as no fault. A hospital stay, mail sent to the wrong address on the ticket, or a notice that never arrived are the kinds of facts the section is built for. Each case depends on its own evidence.
Whether there was a hearing. Section 11(1) applies to a defendant "convicted without a hearing," which covers the deemed convictions under sections 9 and 9.1. A charge laid by summons under Part III works differently: if you do not appear, the court may hold the trial in your absence or issue a summons or warrant (s. 54). The usual route there is an appeal, discussed on our page about what a Part III summons means.
Missing the 15 days. Section 85(1) lets the court extend most time limits in the Act, including after they expire, except for starting a proceeding. Whether an extension is available for a late reopening is for the court to decide. The appeal route remains, with its own 30-day limit and a single extension application.
A defective ticket. If the certificate of offence itself was defective, the clerk should not have convicted. Section 9(3) gives you 15 days after becoming aware of the conviction to ask a justice to strike it out on that ground, separate from the no-fault test.
An error by the City. If the municipality made the mistake, it can ask a justice to strike out the conviction and must tell you if that happens (s. 11.1).
The delay since the offence. Once a conviction is struck out and a trial is set, the total time since the charge can matter under section 11(b) of the Charter. See when a charge can be stayed for delay.

A worked example

For example, imagine a Hamilton resident named Jordan who received a speeding ticket, ticked the box for a trial and mailed it in. Jordan then moved apartments and set up mail forwarding. Eight months later, a letter arrives saying Jordan's licence is suspended for an unpaid fine. A call to the court office shows Jordan was convicted at a trial date in the spring. The notice of trial was mailed to the old address before the forwarding started.

Jordan became aware of the conviction on the day the suspension letter arrived, so the 15 days start then. Jordan completes the reopening affidavit, explains that the notice of trial never arrived, and attaches the forwarding confirmation and a lease showing the move date. The clerk may strike out the conviction on that evidence, or may send it to a justice. If it is struck out, a new trial date is set and the fine imposed with that conviction no longer stands. If it is refused, Jordan can still consider an appeal within 30 days of the decision. Jordan is a made-up person, and this is not a real case or a result anyone obtained.

Common mistakes people make when reopening

Counting from the wrong date. The clock runs from when you became aware of the conviction. Waiting to "get the paperwork together" can lose the right.
Paying the fine first and calling it fixed. Paying clears the debt, not the conviction. The demerit points and record remain.
A vague affidavit. "I did not get it" is weaker than dates, addresses and documents that show why.
Filing in the wrong place. The application goes to the court office for the ticket, which in Hamilton is the City's Provincial Offences Administration office.
Forgetting the licence. If your licence was suspended for the unpaid fine, driving before it is reinstated is a separate offence; read about the penalties for driving while suspended.
Treating reopening as an appeal. The court's appeal guide says a reopening is not an appeal; it only asks the court to strike out the conviction and set a trial.

What to do this week

Write down the exact date you learned of the conviction and keep the document that told you.
Call or email the court office named on the ticket and ask for the conviction date, the offence and how it was entered.
Gather proof of why you missed the meeting, the trial or the notice: medical notes, travel records, a change of address, mail forwarding.
Complete the reopening affidavit (in Hamilton, POA 0876) and file it before the 15 days end.
If your licence is suspended, do not drive until it is reinstated.
Follow up with the court office after about seven business days, as Hamilton suggests.
If the 15 days have passed, get advice right away about an extension or an appeal.

Frequently asked questions

Is there a fee to reopen a conviction?

Neither section 11 nor the court's guide mentions a filing fee for the reopening application. Ask the court office named on your ticket when you file, since local procedures can change.

Will reopening remove the demerit points?

Points are recorded because of a conviction under O. Reg. 339/94. If the conviction is struck out, the basis for those points goes with it, and the charge returns to the court process. A new conviction later would bring its own points.

Can I reopen a conviction if I simply forgot about the ticket?

The test is whether the failure happened "through no fault of the defendant." Forgetting is usually hard to fit within that. An appeal or a request for time to pay may be the more realistic step.

Can a paralegal file the reopening for me?

Yes. A licensed paralegal may advise on and prepare documents for Provincial Offences Act proceedings in the Ontario Court of Justice under the Law Society's By-Law 4, section 6. The affidavit itself is your sworn evidence, so you still need to review and swear it.

What if I was convicted on a summons and missed court?

That is not a section 11 reopening. The appeal from a justice of the peace goes to a judge of the Ontario Court of Justice (s. 116(2)(a)). An appeal from a provincial judge goes to the Superior Court of Justice (s. 116(2)(b)), where a paralegal cannot represent you and you would need a lawyer.

Where do I file in Hamilton?

The City of Hamilton runs the local provincial offences court office. Our page on Hamilton's Provincial Offences Court covers the office, forms and how hearings are held.

Sources

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

Request a Consultation (437) 431-1217

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.