A Provincial Court without a 'Notice of Prosecution' is not a Court with Jurisdiction; without Jurisdiction a Provincial Court is 'not' a Court of competence [having the necessary ability, knowledge, or skill to do something successfully].

Absent a 'Notice of Prosecution' means Provincial Court is without Jurisdiction.

Jurisdiction

In Wind Power Inc. v. Saskatchewan Power Corp., 1998 CanLII 14061 (SK QB) Justice GEATROS J. stated the following, regarding nothing shall be intended to be within the jurisdiction of an Inferior Court but that which is expressly so asserted and provided as an excerpt for the readers consideration, herein below as number paragraph 12:

[12] I have a further observation in the matter of inherent jurisdiction. This is a Superior Court having a specific characteristic that is stated by Furlong C.J. in Bursey v. Bursey (1966), 58 D.L.R. (2d) 451 (Nfld. S.C.) to be as follows, at p. 455:

That characteristic is the manner in which plenary powers of a superior Court may be cut down or limited. The matter was considered just 300 years ago in Peacock v. Bell and Kendal (1667), 1 Wms. Saund. 73 at p. 74, 85 E.R. 84, when, as it is reported, it was held:

And the rule for jurisdiction is, that,

nothing shall be intended to be out of the jurisdiction of a Superior Court,

          but that which specially appears to be so; and on the contrary,

           nothing shall be intended to be within the jurisdiction of an Inferior Court,

          but that which is expressly so alleged.
     
           It would appear that this dictum has remained undisturbed by time
           as I find it is repeated in substantially the same words in 9 Hals., 3rd ed., p. 349, as follows:

Prima facie, no matter is deemed to be beyond the jurisdiction of a

superior court unless it is expressly shown to be so, while nothing is

within the jurisdiction of an inferior court unless it is expressly

shown on the face of the proceedings that the particular matter is within

the cognisance of the particular Court.

Maxim - Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the benefit of the law who seeks to infringe the law.

The Law

Provincial Offences Procedure Act, SNB 1987, c P-22.1

According to section 12(2) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 Proceedings in respect of the offence charged in the ticket, shall not commence before the Notice of Prosecution is Court Filed with a Judge, of the Provincial Court.

According to section 12(1) of Provincial Offences Procedure Act, SNB 1987, c P-22.1,  Unless payment of a fixed penalty is made in accordance with section 14 within the time stated in the ticket, the notice of prosecution shall be filed with a judge no later than the date stated in the ticket for the defendant’s appearance.

According to section 16(1) of Provincial Offences Procedure Act, SNB 1987, c P-22.1. Where the defendant has not paid a fixed penalty before the time stated in the ticket for the payment of the fixed penalty and does not appear in court at the time and place stated in the ticket, the judge 'shall examine the notice of prosecution and, if the Notice of Prosecution contains the certificate referred to in subsection (2)', the judge shall, subject to subsection (3), convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket. 

According to section 16(2) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 The certificate on a notice of prosecution shall be in prescribed form, shall be signed, and shall state (a) that the person signing the certificate delivered personally to the defendant the ticket to which the notice of prosecution corresponds, and (b) that the ticket was in prescribed form and was completed in the same manner as the notice of prosecution.

According to section 16(3) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 'The judge shall not convict the defendant if ' (a) the judge has reason to believe that the certificate on the notice of prosecution is inaccurate, or (b) the notice of prosecution contains a defect and the defect cannot be cured under section 106.

According to section 106(5) of Provincial Offences Procedure Act, SNB 1987, c P-22.1 No curing of a defect under subsection (4) shall be permitted if (a) the defect was such as to mislead the defendant, (b) substantial injustice would be caused to the defendant by curing the defect, and (c) the injustice that would be caused to the defendant by curing the defect cannot be overcome by the granting of an adjournment.

As a result pursuant to and according to section 106(5) - Filing an ‘information’ instead of a the ‘notice of prosecution’ would (1) mislead the defendant (2) substantial injustice would be caused if the Provincial Court overlooks the fact that a ‘Notice of Prosecution’ was not issued at the time of the ticket being served, ‘Notice of Prosecution’ was not Court Filed according to the Act in prescribed form furthermore if the required ‘Notice of Prosecution’ was never Filed with the Court before the date of the first appearance as required by section 12(1) of Provincial Offences Procedure Act, SNB 1987, c P-22.1, consequentially (c) the injustice that would be caused to the defendant by the Provincial Court attempting to cure the defect cannot be overcome by the granting of an adjournment.