The Commission recommends that there be statutory guidance in classifying provincial offences. It recommends further that the defences available for criminal offences be made available for all provincial offences. The Provincial Offences Act is proposed.
Publications by Key Term: strict liability
Defences to Provincial Offences: Tentative Proposals Feb 1981
Generally, provincial offences are found to be strict liability offences, which do not have a fault requirement. However, defences of due diligence or reasonable mistake of fact are available. The Commission recommends that some reform be undertaken to protect those inadvertently caught by offence provisions not requiring fault.