Highway Traffic Act Offences

Most charges prosecuted in the provincial offenses court are laid under the Highway Traffic Act (HTA), which regulates the conduct of drivers on Ontario roads. The purpose of the HTA is to protect those who use Ontario's roads, and to that end, the HTA imposes a number of duties and obligations upon drivers and passengers. HTA offenses may be prosecuted by way of all three parts of the Provincial Offenses Act (POA), depending on the nature and seriousness of the offense.

The POA guides the majority of the considerations for preparing for an HTA matter whether it is trial or pre-trial resolution discussions with the Crown. Where the offense as charged includes another offense, the defendant may be convicted of the included offense where it is proven, although the whole offense charged is not proven. This is particularly relevant in the context of HTA cases, where it may be possible to negotiate a plea agreement to a lesser offense, one that accords with the same facts but carries a less severe penalty. An example is speeding which is included in the offense of stunt driving and carries less serious penalties.

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