Regulatory & Quasi-Criminal Offences

Not without counsel. Many regulatory investigations create both regulatory and criminal exposure. What you say to the regulator can be used in either forum. The decision whether and when to engage is strategic.

Most tribunal decisions can be appealed — to the Divisional Court for judicial review, or under the specific appeal provisions of the governing statute. We assess the prospects and the path at the conclusion of the underlying proceeding.

Parallel proceedings require careful coordination. Information shared in one forum can affect the other. We map the strategy across both, often in coordination with regulatory counsel and (where appropriate) immigration counsel.

Often, yes. Regulatory charges can carry large fines, licensing consequences, and reputational harm, and a due-diligence defence must be properly prepared. Experienced counsel can make a decisive difference to the outcome.

Most regulatory and provincial offences do not create a criminal record, but they can carry heavy penalties and professional consequences — and some conduct can attract parallel criminal charges. Each situation should be assessed individually.

It is a non-Criminal-Code offence — usually provincial or regulatory — prosecuted with criminal-style procedure and penalties. Examples include serious Highway Traffic Act, environmental, and workplace-safety charges.

Under section 66 of Ontario’s Occupational Health and Safety Act, an individual can be fined up to $500,000, jailed for up to 12 months, or both. A corporation faces a maximum fine of $2,000,000, with a $500,000 minimum for a repeat offence causing a worker’s death or serious injury within two years. Directors and officers who breach their section 32 duties face fines of up to $1,500,000. Death, serious injury, recklessness and ignored orders are aggravating factors.

Most regulatory offences are strict liability: the prosecution only has to prove the prohibited act, and the defendant can then avoid conviction by proving, on a balance of probabilities, that it took all reasonable care to prevent it, or reasonably believed in facts that would have made the conduct innocent. The defence, from the Supreme Court’s Sault Ste. Marie decision, turns on documented training, policies, supervision and maintenance, so preserve records early.

Under section 76 of the Provincial Offences Act, the default limitation period is six months from the alleged offence, unless the governing statute sets a different period. Many do: Occupational Health and Safety Act prosecutions can be started up to two years after the later of the last act or default, or the day an inspector became aware of the alleged offence. Charges laid outside the applicable period can be quashed, so check the dates immediately.

For a Part I ticket under the Provincial Offences Act, you generally have 15 days after being served to act. You can give notice of your intention to appear for trial or, if the ticket offers it, request a meeting with the prosecutor to discuss resolution. If you do nothing within 15 days, you are deemed not to dispute the charge and can be convicted without a hearing. Tickets affecting your licence, demerits or insurance warrant legal advice first.