The respondent was acquitted of operating a heavy diesel-fuelled motor vehicle that contravened emission standards under O. Reg. 361/98.
The justice of the peace acquitted the respondent because the Crown had not proved the Drive Clean Guide, which was incorporated by reference into the regulation.
The Crown appealed.
The Court of Appeal allowed the appeal, holding that under s. 5(4) of the Regulations Act, the justice of the peace was required to take judicial notice of the regulation and the Guide incorporated within it.
The acquittal was set aside and a conviction entered.
