Ontario · Provincial Offences Act s.46(2) · R. v. Stinchcombe
How to request disclosure for a traffic ticket in Ontario
To get disclosure for an Ontario traffic ticket, request it after you dispute the ticket, following the disclosure process of the court office named on your ticket, and put the request in writing where the court allows. Disclosure is free and covers the relevant information in the prosecutor's possession or control, such as the officer's notes, but nothing arrives unless you ask. Paying the ticket counts as a guilty plea (Provincial Offences Act s. 8(2)).
Your right to disclosure on an Ontario traffic ticket
You have a legal right to see the relevant information the prosecution holds on a traffic ticket, and the right costs nothing. No section of the Provincial Offences Act sets out the prosecution's disclosure duty. The duty comes from case law, which ties it to the right to make full answer and defence in s. 46(2) of the Act. In York (Regional Municipality) v. McGuigan, 2018 ONCA 1062, a Part I speeding case, the Court of Appeal for Ontario agreed with the prosecutor's concession that the disclosure duty from R. v. Stinchcombe, [1991] 3 S.C.R. 326, applies to Provincial Offences Act prosecutions. The court said the duty applies whether or not the defendant's life, liberty or security of the person is at risk, and rests largely on s. 46(2) (para. 95).
The duty is triggered by a request: the prosecutor must disclose on request (McGuigan, para. 75). Stinchcombe says the request can come from you or from someone acting for you. The Ontario Court of Justice's Guide for Defendants in Provincial Offences Cases says disclosure is free, you must ask for it, and the request may have to be in writing. The lawyer or paralegal guide explains who may act for you.
How much disclosure a traffic case requires is not fully settled. McGuigan noted Ontario Court of Justice decisions saying disclosure in these cases should be "simple and brief" and chose not to decide whether traffic cases carry lighter duties than criminal ones (paras. 96-97).
What disclosure includes for a traffic ticket
Disclosure includes all the information in the prosecutor's possession or control that is relevant to your charge. The Ontario Court of Justice's guide and the case law give examples:
- The officer's notes. Where a witness's account exists only in an officer's notes, Stinchcombe says the notes or copies should be produced. With no notes, the prosecution should provide a "will say" summary of the expected evidence.
- Witness statements, diagrams and photographs.
- Speed device procedures. When the prosecutor relies on a speed measuring device, it must disclose on request the testing and operating procedures in the device's user manual. You do not need to bring an application or get a court order (McGuigan, para. 5).
Relevant material held by the police counts too: the duty cannot be defeated by leaving investigation results with the police (McGuigan, para. 79). Disclosure must also be usable. An invitation to view the manual at the prosecutor's office was not enough in McGuigan (para. 130), although material that is not case-specific can be posted online with the web address sent to you (para. 131). Under Stinchcombe, the prosecution has discretion over relevance and over the timing and manner of disclosure. It must err on the side of inclusion but need not produce what is clearly irrelevant.
When to request disclosure
Request disclosure as soon as you have disputed the ticket. Several courts, including Hamilton, Mississauga and York Region, want you to have a court or trial date first. Stinchcombe says a request can be made any time after the charge, and a timely request should be answered early enough before plea for you to consider the information. The duty continues as more information comes in.
Paying the ticket ends the matter before any trial. Under s. 8(2) of the Provincial Offences Act, the court office's acceptance of the set fine counts as a guilty plea, a conviction and a fine of the set amount, so you never get to review disclosure before pleading. If you are thinking about not responding at all, the unpaid ticket guide covers what happens next.
Some courts want a court or trial date before they process a request. Once the court office named on the ticket receives your trial request (s. 5(4)), the clerk must notify you and the prosecutor of the trial's time and place as soon as practicable (s. 5(5)). Hamilton takes disclosure requests once you have a court date, and Mississauga and York Region (Part I tickets) once you have a trial date. Barrie's main form follows the Notice of Trial, with a separate form for cases with no court date, and Thunder Bay asks you to apply soon after the Notice of Trial.
Disclosure before an early resolution meeting varies by court. Ontario's Ministry of the Attorney General lists requesting disclosure as preparation before either a trial or an early resolution meeting, while York Region provides only the officer's notes for an early resolution notice.
How to request disclosure, step by step
Request disclosure through the process of the court office on your ticket, in writing where the court allows, then check what comes back. The usual sequence for an officer-issued ticket:
- Dispute the ticket instead of paying. Request a trial on the offence notice or in another way the law and the notice allow (Provincial Offences Act s. 5(1)), or, where the ticket offers one, an early resolution meeting within 15 days of being served (s. 5.1(2)). Ontario's online service accepts neither request once you are deemed not to dispute the charge for failing to respond within 15 days.
- Check whether your court needs a court date first. Hamilton, Mississauga and York Region (Part I tickets) take requests once you have a court or trial date, and Barrie's main form follows the Notice of Trial. The table below shows each court's process.
- Find your court's disclosure process. Contact the court office shown on the ticket or summons, or use the table below.
- Put the request in writing where the court allows. Use the court's form where one exists and keep a copy or confirmation.
- Name specific items you know exist. On a radar or laser speeding charge, ask for the testing and operating procedures from the device's user manual (McGuigan, para. 5).
- Allow several weeks. Windsor and Halton publish 6 to 8 weeks, Mississauga says usually 6 to 8, and Barrie gives 6 to 8 weeks on its web page and 4 to 6 on its form. Toronto asks for requests 6 to 8 weeks before trial.
- Review what arrives and follow up in writing about gaps. The defence may not assume everything relevant has been disclosed (R. v. Dixon, [1998] 1 S.C.R. 244, a criminal case, para. 55).
- Bring the disclosure to trial. The Ontario Court of Justice guide lists it among the things to bring on trial day.
Where to request disclosure at 13 Ontario courts
Each court office runs its own disclosure process, so the table below shows how 13 Ontario Provincial Offences courts take requests, with a link to each official page. Details come from each court's published pages as checked in September 2026. Only Windsor, Mississauga, Barrie and Halton publish a processing time. Follow the official page if it differs from this table.
| Court | How to request disclosure | Official page |
|---|---|---|
| Toronto Court Services (South, East and West Provincial Offences courthouses) | Deliver the City's Disclosure Form to the City Prosecutors' Office at the courthouse on your notice, or email it to TOProsecutors@toronto.ca, 6 to 8 weeks before trial. Fax numbers are published for the West and East courthouses only. | Official page |
| City of Hamilton Provincial Offences Administration | Once you have a court date, send the Disclosure Request Form to the Municipal Prosecutor: Prosecution.Disclosure@hamilton.ca, fax 905-546-2620, mail to 71 Main St. W., or in person at Room 156, 50 Main St. E. Phone 905-540-5592 ext. 4900. | Official page |
| Region of Waterloo Provincial Offences Court (Kitchener) | Ask the Region's Prosecutor's Office through the online Disclosure Request form, by phone at 519-575-4804 option 1, or by fax to 519-745-4967. Disclosure is emailed (or faxed on request), never mailed. The form is not for summons matters. | Official page |
| London Provincial Offences Court | Email the signed Request for Disclosure Form to disclosure@london.ca, or deliver it in person, by mail or by fax (519-661-4503). Requests are handled in order of trial date. Choose pick-up at 824 Dundas St., email or fax on the form; disclosure is never mailed. | Official page |
| Windsor/Essex Provincial Offences | Online only, through the City's Disclosure Request form. Disclosure arrives by email; for another delivery method, contact poa.tickets@citywindsor.ca or 519-255-6555. Allow 6 to 8 weeks. | Official page |
| City of Barrie Court Services (Barrie and Orillia Provincial Offences) | For City-prosecuted tickets, use the online Disclosure Request Form after your Notice of Trial arrives; a separate form covers cases with no court date. Disclosure is sent by email. The web page says 6 to 8 weeks and the form says 4 to 6. Questions: 705-739-4291 option 5. Crown-prosecuted matters go to VirtualCrownBarrie@ontario.ca. | Official page |
| City of Timmins Provincial Offences Office | No form, disclosure email or processing time is published. Contact the court office (POA@Timmins.ca) or the prosecutor (Riopelle Group, 705-264-9591). The request may have to be in writing. | Official page |
| Thunder Bay Court Services (Provincial Offences) | Send the Request for Disclosure form to the Municipal Prosecutor (City Hall, 500 Donald St. E., 1st floor; 807-625-2413; fax 807-623-5389). For email delivery, email the form to thunderbayPOA@thunderbay.ca; otherwise pick it up at City Hall. Apply soon after your Notice of Trial. | Official page |
| Provincial Offences Court, City of Mississauga | After your trial date is set, use the online Disclosure Request form and choose email or pick-up at the Prosecution Office (950 Burnhamthorpe Rd. W.). Usually 6 to 8 weeks. Questions: poa.disclosure@mississauga.ca. | Official page |
| Provincial Offences Court, City of Brampton | Online form only; do not fax or email your request. Pick the option that matches your charge (Option 1 is for Part I officer-issued tickets). | Official page |
| York Region Provincial Offences Court, Newmarket | Part I tickets: once you have a trial date, use York's online form or email 4960disclosure@york.ca (in person and mail are also accepted). Part III summons matters use a separate form or Part3Disclosure@york.ca. Disclosure is sent to your email. | Official page |
| Durham Region Provincial Offences Court Services | For Durham Regional Police, OPP and Durham Health charges, use the online Disclosure Request Form or go in person to Prosecution Services (605 Rossland Rd. E., Whitby). Delivery by email or pick-up. Apply well before trial. Questions: prosecutors@durham.ca or 905-666-6252. For other agencies' charges, ask the agency. | Official page |
| Halton Court Services (Halton Provincial Offences Office) | Use the online Disclosure Request Form. Delivery by email or pick-up only. Allow 6 to 8 weeks. Questions: 905-637-7790. | Official page |
Your court is the one named on your ticket or summons. For a court not listed here, contact that court office as soon as possible to find out how to receive disclosure.
If disclosure is late or incomplete
Tell the court about missing disclosure at the earliest opportunity. Stinchcombe (p. 341) says the defence must raise any failure to disclose with the trial judge at the earliest opportunity, and R. v. Dixon, [1998] 1 S.C.R. 244 (para. 55), says doing nothing about known gaps will often support a finding of lack of due diligence.
An order to produce the missing material, or an adjournment, is the remedy the Supreme Court of Canada called appropriate at trial. Dixon, a criminal case, held that at para. 33, and s. 49(1) of the Provincial Offences Act lets the court adjourn a trial. A stay ending the case is an extraordinary remedy that also requires proof of irreparable prejudice (para. 35). McGuigan (footnote 4, citing R. v. Taillefer; R. v. Duguay, 2003 SCC 70, para. 71) says a Charter remedy depends on a reasonable possibility that the failure affected the outcome or the overall fairness of the trial.
If you plan to make any Charter argument, the Ontario Court of Justice guide says to serve a notice of constitutional question (Form 4F) on the Attorneys General of Canada and Ontario at least 15 days before trial, give a copy to the court office and the prosecutor, and be ready to prove it was given. The guide does not say whether this applies to a disclosure complaint.
About Danil Slovak and this guide
Danil Slovak is a licensed paralegal (LSO #P10302), not a lawyer, and defends Ontario traffic tickets. His free 15-minute phone consultation covers your ticket and your options; it does not include a review of disclosure documents. This page is legal information, not legal advice.