Quasi-Criminal

Administration of Justice

Quasi-criminal activities are activities that are considered to be illegal, but are not considered to be criminal offenses. These activities are often subject to less serious penalties than criminal offenses and may include fines or probation instead of jail time. 

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Quasi-criminal

In addition to the criminal offences under the Criminal Code and Controlled Substance Act, there are many federal and provincial laws that can result in penalties as severe as those found in criminal law. It is possible to be sentenced to jail time and fines for these "quasi-criminal" offences if convicted.


It is more common for quasi-criminal prosecutions to be brought for violations of Regulatory or Administrative Law than for violations of Criminal Law. Neither the Criminal Code nor the Controlled Drugs and Substances Act governs these cases, so they cannot be classified as criminal charges per se.


In spite of the fact that quasi-criminal prosecutions are not criminal in nature, they share many similarities with criminal prosecutions. Many of the procedures in these cases are similar to those in criminal cases, for example. Additionally, the punishments, such as jail, fines, or loss of an important license, are comparable. A person's ability to earn a living may be adversely affected by the loss of licenses such as driving and serving alcohol.

Panels or tribunals of experts typically make decisions in Quasi-Criminal cases, not judges. Quasi-criminal cases can also be handled by justices of the peace with special jurisdiction.


Despite the similarities between quasi-criminal and criminal cases, there are a number of salient differences. It is common for evidence rules in such cases to be more relaxed and subjective, and procedures can also be more fluid than in criminal cases. However, this does not diminish the seriousness of the consequences associated with quasi-criminal prosecutions.


It is also possible to face imprisonment and monetary penalties if you are found guilty of a quasi-criminal charge.


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Quasi-criminal Offences

Some information that you should know about quasi-criminal offences.

Quasi-criminal: Prosecutions

Quasi-criminal prosecutions may result in penalties as severe as those found in criminal law. Criminal charges are not defined in either the Criminal Code or the Controlled Drugs and Substances Act. There are several similarities between criminal prosecutions, punishments, and the loss of licenses. In such cases, the rules of evidence are more relaxed and subjective, and the procedures are less rigid than in criminal cases. However, there are also significant differences. A conviction could result in incarceration and fines, both of which are serious punishments.


Quasi-criminal: Explained

An individual or organization may be charged with regulatory and quasi-criminal offences when they fail to comply with lawful, regulated activity rules. They can range from infractions such as traffic violations to more complex matters like food fraud. A quasi-criminal case is a case that involves morally reprehensible conduct, and the procedure is similar to that of a criminal trial. Penalties for finding guilty include probation, fines, and/or imprisonment, similar to those in criminal cases.


Quasi-criminal: Enforcement

Regulatory agencies investigate and enforce the rules and regulations of each regulated industry in order to protect society from harm. These offences are often called public welfare offences since they are intended to protect the public from lawful, regulated activities. Every regulated industry has its own set of regulatory offences, which vary depending on the level of blameworthiness of the accused.


To convict for most regulatory offences, the prosecution does not have to prove that a prohibited act or omission was done intentionally or with a specific purpose. It may also be necessary to prove both a specific degree of intent and an unlawful act or omission for regulatory offences to be prosecuted.


Quasi-criminal: Protect Your Reputation

The reputation and business of a company can be destroyed by regulatory violations and quasi-criminal offences. In addition to executing search warrants, obtaining bank records, interviewing witnesses, and obtaining statements, regulatory agencies have many of the same tools and techniques as police officers. The stigma attached to a conviction for a regulatory offence is usually lower than that of a conviction for a real crime, but convictions are still considered criminal or quasi-criminal acts. As with criminal offences, regulatory trials can be long, complicated, and penalized equally.


Frequently Asked Questions

Here are answers to some common questions. 

Quasi-Criminal

  • What Are Some Examples Of A Quasi-criminal Offence?

    In addition to federal laws, provincial laws, and municipal laws may cover quasi-criminal offenses. The following acts are examples of quasi-criminal offences:


    • Building Code

    • Consumer Protection Act

    • Dog Owners Liability Act (DOLA) 

    • Employment Standards

    • Environmental Protection Act

    • Federal regulatory offences.

    • Food and Drugs Act

    • Health Code

    • Highway Traffic Act 

    • Income Tax Act

    • Municipal by-law or zoning prosecutions

    • Occupational Health and Safety Act

    • Ontario Securities Act

    • The Compulsory Automobile Insurance Act

    • The Fire Protection and Prevention Act

    • The Liquor Control Act

    • The Smoke-Free Ontario Act

    • The Trespass to Property Act

    • Workplace safety


  • What Are The Potential Defences For Quasi-criminal Prosecutions?

    Factual Innocence: 

    • The inability of the prosecutor to prove the elements of the offence.

    Due Diligence: 

    • The defendant must demonstrate he acted with reasonable care, diligence, and skill.

  • How Can A Quasi-criminal Case Be Punished?

    Despite the fact that a quasi-criminal conviction does not result in a criminal record, the penalties are not insignificant. 


    In cases of absolute liability, heavy fines can be imposed, but no jail time can be imposed. There are fines, jail time, or both for strict liability and other offences in men's areas.


  • How Do Absolute Liability, Strict Liability, And Full Mens Rea Differ?

    For Absolute Liability Offenses, the prosecution must only prove that an unlawful act or omission took place. It is not necessary for the prosecution to prove that the defendant intended to commit the crime. 


    Due diligence, necessity, or accident cannot be used as defences by the accused. A conviction for an absolute liability offence can result in a heavy fine, but no jail time. Under the Highway Traffic Act, failing to stop at a stop sign is an absolute liability offence.


    Strict Liability Offences also require prosecutions to prove only that an unlawful act or omission occurred, not intent. Due diligence, however, may be used as a defence by the accused. Fines and jail time can be imposed if you are found guilty of a strict liability offense. The Highway Traffic Act defines careless driving as a strict liability offence.


    Mens Rea offences are like criminal offences in that the prosecution must prove both the physical act and the mental element (intent). Under the Income Tax Act, making a false statement on a tax return is a quasi-criminal offence of mens rea.