Sworn Statement Supporting a Reopening Application (Provincial Offences Act)

Section 11 of Ontario's Provincial Offences Act (R.S.O. 1990, c. P.33) allows a person convicted in their absence to ask the court to strike the conviction and reopen the case. You must show, on sworn evidence, that you had a valid reason for missing the hearing and that reopening is in the interests of justice.

This situation most commonly arises with traffic tickets, municipal bylaw charges, and other Part I or Part III offences. If you were convicted without knowing about your court date, or you had a genuine emergency that kept you away, this affidavit is the mechanism for getting the matter back before a judge.

You file this affidavit when you have been convicted of a provincial offence in your absence and you want the court to set aside that conviction and schedule a new hearing. Common situations include the following.

The court needs specific, factual details about the offence and your reason for not attending. Gather the following before your appointment.

A bare statement that you were absent is not enough. The court wants to see that you had a legitimate reason for missing the hearing and that you intend to defend the charge or have a defence worth hearing. If you are claiming you never received notice, say so plainly. If you had a medical or personal emergency, describe it with enough detail to be credible.

Courts also expect you to act promptly once you learn of the conviction. Unexplained delay between learning of the conviction and filing the reopening request weakens your case.

You swear the affidavit before a notary public or commissioner for taking affidavits. Bring valid government-issued photo ID (Ontario driver's licence, Canadian passport, Ontario Photo Card, or Permanent Resident card). The notary verifies your identity, administers the oath, watches you sign, and completes the jurat. Notarisation at Minute Notary is a flat $19.90 per stamp.

Under O. Reg. 431/20, commissioning can also be done by live video, provided both you and the commissioner are located in Ontario.

Once sworn, file the affidavit with the court that issued the conviction, along with a written request to reopen. There is typically no filing fee for a reopening request, but procedures vary by courthouse. If the court grants your request, it strikes the conviction and schedules a new trial date. If denied, the original conviction stands. Some courts hold a brief hearing; others decide on the paperwork alone.

You are not required to have legal representation. Many people prepare and file this affidavit themselves, particularly for routine traffic matters. However, if the underlying charge is serious or carries significant fines, demerit points, or a licence suspension, speaking with a licensed paralegal or lawyer is worthwhile. A notary commissions the oath but cannot advise you on your defence or the strength of your reopening request.