Provincial Offences Appeals in Ontario
Convicted of a traffic, insurance, by-law, workplace or other provincial offence? An appeal generally has to be started within 30 days of the decision. This page explains which court hears it, the official forms, the deadlines and what each step involves. You send us your material and instructions; we prepare the appeal documents and return them for your approval. We don’t give legal advice — the content and the filing stay your responsibility.
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Provincial Offences Appeal Services
Tickets, summons offences & further appealsPart I & II Appeals — Tickets
Appeals from a ticket or parking conviction, acquittal or sentence go to a provincial judge of the Ontario Court of Justice. We prepare the notice of appeal from the reasons you give us, plus an extension-of-time or appeal-without-paying application if you need one.
Request a quote →Part III Appeals — Summons Offences
Appeals in proceedings started by an information go to the Ontario Court of Justice or the Superior Court of Justice. We prepare the notice of appeal, affidavit of service, transcript paperwork and a factum or written argument from your materials and instructions.
Request a quote →Court of Appeal — Leave to Appeal
A further appeal needs leave from a judge of the Court of Appeal for Ontario. We prepare the notice of motion, motion record and factum from your materials, and the appeal documents if leave is granted. See also our Court of Appeal page.
Request a quote →The clock starts on the day of the decision, not the day you get the paperwork. If the deadline has already passed, the notice of appeal can be filed together with an application to extend the time — but only one extension application is allowed for each conviction. Tell us your decision date when you contact us.
What You Receive
Appeal documents prepared from your materials and instructions, ready for your review, service and filing.
PROVINCIAL OFFENCES
Ordering Online Takes Four Steps
No appointments, no retainer, no hourly billing. You keep control of what your documents say — we make them look and read the way the court expects.
Choose What You Need
Pick the package that matches your appeal from the list below, or start with a free review.
Upload Your Materials
Send your ticket or information, the decision and sentence details, and anything you’ve already prepared.
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We review your materials free and send a fixed quote. You pay by Interac e-Transfer or by card through a secure invoice, only once you approve it.
We Prepare & Send It Back
We prepare, correct, index and bookmark everything to the court’s published standards, then return a filing-ready PDF within 5 business days.
Not Sure Which Documents You Need?
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Packages
Fixed quotes. No surprises.Part I & II Appeal — Tickets
Ontario Court of Justice · section 135 appeals Quoted after we see your documents Request a QuotePart III Appeal — Summons Offences
Ontario Court of Justice or Superior Court · section 116 Quoted after we see your documents Request a QuoteLeave to Appeal — Court of Appeal
Motions under sections 131 and 139 Quoted after we see your documents Request a QuoteExtension of Time to Appeal
Application with an affidavit explaining the delay Quoted after we see your documents Request a QuoteAppeal Without Paying the Fine
Section 111 application and affidavit Quoted after we see your documents Request a QuoteStay Pending Appeal
Notice of motion and affidavit Quoted after we see your documents Request a QuoteAppeal in Writing
Written statement of your issues and arguments Quoted after we see your documents Request a QuoteResponding to a Prosecutor’s Appeal
Respondent’s factum from your materials Quoted after we see your documents Request a QuoteStandalone Documents
Need just one document? Order it on its own.Notice of Appeal — Part I & II
Form 1, O. Reg. 722/94 Quoted after we see your documents Request a QuoteNotice of Appeal — Part III
Form 1, O. Reg. 723/94 Quoted after we see your documents Request a QuoteAppellant’s Factum — Part III
Up to the 10-page limit Quoted after we see your documents Request a QuoteAffidavit — Up to 10 Exhibits
Preparation from your materials and instructions, with exhibit organization Quoted after we see your documents Request a QuoteNotice of Motion for Leave to Appeal
Court of Appeal — POA Form 2 Quoted after we see your documents Request a QuoteCourt of Appeal Factum
Leave motions and appeals — up to 30 pages Quoted after we see your documents Request a QuoteFree Document Review
Not sure which court, or what you need? Start here Quoted after we see your documents Get Your Free ReviewEvery job is quoted at a fixed price, in Canadian dollars plus HST, before any work starts. Court fees and transcript costs are not included.
Useful Information
Details when you need them? Which Court Hears a Provincial Offences Appeal
An appeal from a conviction, acquittal or sentence goes to the Ontario Court of Justice, presided over by a provincial judge.
Provincial Offences Act, s. 135(1)Parking proceedings follow the same route as Part I: an appeal to a provincial judge of the Ontario Court of Justice.
Provincial Offences Act, s. 135(1)Where the proceeding was started by an information and a justice of the peace decided it, the appeal goes to the Ontario Court of Justice, presided over by a provincial judge.
Provincial Offences Act, s. 116(2)(a)Where a provincial judge decided the Part III proceeding, the appeal goes to the Superior Court of Justice.
Provincial Offences Act, s. 116(2)(b)A conviction, a dismissal, a finding about the ability to conduct a defence because of mental disorder, a sentence, or an order as to costs.
Provincial Offences Act, s. 116(1)A further appeal goes to the Court of Appeal for Ontario, and only with leave of a judge of that court.
Provincial Offences Act, ss. 131 and 139Deadlines to Start an Appeal
File the notice of appeal with the clerk of the Ontario Court of Justice within 30 days after the decision. The court sends the prosecutor notice of the hearing — you do not serve it. (s. 135(2); O. Reg. 722/94, r. 6)
Serve the notice of appeal on the prosecutor — and on the Crown Attorney if the prosecutor is not acting for the Crown — within 30 days, then file it with proof of service within five days after serving it. (O. Reg. 723/94, r. 5)
Serve the notice of motion for leave to appeal within 30 days after the appeal decision, and file it with proof of service within five days after serving it. (Court of Appeal guide)
The court can extend the time. Only one extension application is allowed for each conviction, and the notice of appeal can be filed at the same time as the application. (s. 85; s. 116(4); s. 135(2.1))
Official Forms for Provincial Offences Appeals
- Notice of Appeal — Part I & II (section 135)Form 1 under O. Reg. 722/94. It must state the reasons why the appeal is taken.
- Notice of Appeal — Part III (section 116)Form 1 under O. Reg. 723/94.
- Certificate of Clerk as to Transcript of Evidence — Part IIIForm 2 under O. Reg. 723/94, filed with the Part III notice of appeal.
- Order for Recognizance and Recognizance — appeal without paying the fineForm 4 under both O. Reg. 722/94 and O. Reg. 723/94, used where a judge waives payment of the fine under section 111.
- Notice of Abandonment of AppealForm 5 under both regulations.
- Application for Extension of Time to Appeal · Application to File an Appeal Without Paying the FineNot prescribed in the regulations. Ask the court office where you are filing your appeal for its current version.
- Court of Appeal formsUnder O. Reg. 721/94: Form 2 — Notice of Motion (inmates and unrepresented moving parties), Form 4 — Notice of Appeal, Form 5 — Undertaking and Form 6 — Appellant’s Factum, sentence only.
- Reopening Application/AffidavitForms 102 and 102.1. A reopening is not an appeal — see “Appeal or Reopening?” below.
Paying the Fine Before You Appeal
Pay first, or apply
A defendant’s notice of appeal will not be accepted for filing until the fine imposed by the decision under appeal has been paid in full.
Provincial Offences Act, s. 111(1)Appealing without paying
A judge may waive payment and order you to enter into a recognizance to appear on the appeal. The application can be filed with the notice of appeal; the prosecutor gets notice and can make submissions.
Provincial Offences Act, s. 111(2)–(4)Proof of payment
File the receipt for the fine with the notice of appeal. For a parking fine paid to a municipality that collects its own parking fines, say so in the notice of appeal instead.
O. Reg. 722/94, r. 5 · O. Reg. 723/94, r. 6Paying does not end your appeal
Paying the fine, or complying with an order made on conviction, does not by itself waive your right to appeal.
Provincial Offences Act, s. 114No automatic stay
Filing a notice of appeal does not stay the conviction unless a judge orders it. A stay is asked for by notice of motion to the appeal court.
Provincial Offences Act, s. 112Transcripts
Part I & II
No transcript is needed unless a judge orders one. The appeal is a review: the judge may rehear the recorded evidence, require a transcript, hear a witness or accept agreed facts.
O. Reg. 722/94, r. 9 · Provincial Offences Act, s. 136Part III
File the clerk’s certificate as to the transcript (Form 2) with the notice of appeal, then file the transcript of the trial evidence and reasons, and deliver a copy to the respondent.
O. Reg. 723/94, r. 8The transcript deadline
A Part III appeal can be dismissed if the transcript is not filed within 30 days after you are told it is complete.
O. Reg. 723/94, r. 17(c)Ordering and paying
The appellant orders and pays for the transcript. Ask the court office how to order it, and give the transcriptionist as much notice as you can.
Ontario Court of Justice guideFactums and Appeals in Writing
Part III — usually optional
If you will attend the hearing, you do not need to file a factum unless a judge orders one.
O. Reg. 723/94, r. 15(1)If you file one
An appellant’s factum is limited to 10 pages, excluding the schedule of authorities, in four parts: Statement of the Case, Summary of the Facts, Issues and the Law, and Order Requested.
O. Reg. 723/94, r. 15(3)–(4)Respondent’s factum
Filed within 15 days after receiving the appellant’s factum, and at least 7 days before the hearing.
O. Reg. 723/94, r. 15(5)Appeal in writing
If you will not attend, file a notice of that intention and a written statement of your issues and arguments before the hearing date. Otherwise the appeal can be dismissed.
O. Reg. 723/94, rr. 16–17Court of Appeal
A factum on a leave motion or appeal is limited to 30 pages unless the Registrar or a judge gives permission.
Court of Appeal guideWhat the Appeal Court Can Do
Part I & II
Affirm, reverse or vary the decision, or order a new trial where that is needed to satisfy the ends of justice — normally before a different justice.
Provincial Offences Act, s. 138Part III conviction appeals
An appeal can be allowed where the finding is unreasonable or cannot be supported by the evidence, the trial court made a wrong decision on a question of law, or there was a miscarriage of justice.
Provincial Offences Act, s. 120(1)(a)Deference to the trial decision
The appeal judge generally reviews the evidence and arguments from the trial. New evidence is allowed only in very limited circumstances, and should be flagged in advance — ideally in the notice of appeal.
Ontario Court of Justice guideNotice of the hearing
In Part I & II appeals, the court sets the hearing and gives notice of its time and place at least 15 days ahead. In Part III appeals, the clerk gives at least 14 days’ notice of the hearing date.
O. Reg. 722/94, r. 6 · O. Reg. 723/94, r. 13Further Appeal to the Court of Appeal for Ontario
Leave is required
A judge of the Court of Appeal must grant leave on special grounds — on a question of law alone for Part I & II appeals, or a question of law alone or sentence for Part III.
Provincial Offences Act, ss. 139(1) and 131(1)The test
Leave is granted only if, in the particular circumstances, it is essential in the public interest or for the due administration of justice. No appeal lies from the decision on leave.
Provincial Offences Act, ss. 131(2)–(3) and 139(2), (4)What gets filed
A notice of motion for leave and a motion record — including the proposed notice of appeal (Form 4), the certificate or information and the reasons below — with a factum of up to 30 pages if you argue in writing.
O. Reg. 721/94, r. 3(9) · Court of Appeal guideIf leave is granted
Serve the notice of appeal within 10 days of the order granting leave, then perfect the appeal with an appeal book, transcripts and factum within the court’s deadlines.
Court of Appeal guideAppeal or Reopening?
The clerk strikes out the conviction if satisfied that, through no fault of yours, you were unable to attend a meeting or hearing, or did not receive a notice or document about the offence. If the clerk does not, a justice reviews the application.
Provincial Offences Act, s. 11An appeal asks a higher court to review the trial decision or sentence. It has its own forms and a 30-day deadline, set out above.
Provincial Offences Act, ss. 116 and 135We are not lawyers or paralegals and we do not give legal advice.
O. Reg. 722/94 — Rules in Appeals under Section 135 of the Provincial Offences Act
O. Reg. 723/94 — Rules in Appeals under Section 116 of the Provincial Offences Act
O. Reg. 721/94 — Rules of the Court of Appeal in Appeals under the Provincial Offences Act
Guide to Appeals in Provincial Offences Cases — Ontario Court of Justice
Motion for Leave to Appeal in a Provincial Offences Case — Court of Appeal for Ontario
Information reviewed September 2026. Statutes, rules and court procedures change — confirm current requirements with the court office or a licensed lawyer or paralegal before you file.