Section 1 definition of "violation ticket" BEFORE amended by 2003-37-33, effective May 29, 2003 (Royal Assent).
"violation ticket" means a violation ticket referred to in section 14.
Section 1 definition of "ticketed amount", paragraph (a) BEFORE amended by 2002-37-3, effective February 1, 2004 (BC Reg 217/2003 as amended by BC Reg 363/2003).
(a) the fine prescribed for the contravention of an enactment alleged by the ticket;
Section 1 definition of "ticketed amount", paragraph (a) BEFORE amended by 2012-11-38, effective May 14, 2012 (Royal Assent).
(a) the fine prescribed, as applicable, for payment
(i) on or before the 30th day, or
(ii) after the 30th day,
from the date of service under section 14 (5) or mailing under section 14 (6) of the violation ticket;
Section 1 definitions of "optional conditions" and "probation order" were added by 2012-1-1, effective June 1, 2012 (BC Reg 122/2012).
Section 1 definitions of "copy", "eCertificate of service" and "eTicket" were added by 2017-17-3(a), effective March 1, 2018 (BC Reg 18/2018).
Section 1 definitions of "informant" and "violation ticket" BEFORE amended by 2017-17-3(b), effective March 1, 2018 (BC Reg 18/2018).
"informant" means a person who lays an information or an enforcement officer who signs a violation ticket;
"violation ticket" means a violation ticket referred to in section 14 as prescribed under section 132 (2) (a.1) but does not include the instructions prescribed under section 132 (2) (a.3).
Section 1 definitions of "enforcement officer", "ticketed amount" and "violation ticket" BEFORE amended by 2021-27-4(a) and (c), effective July 5, 2024 (BC Reg 179/2024).
"enforcement officer" means any person or class of persons designated as an enforcement officer under section 132;
"ticketed amount" means, in relation to an alleged contravention of an enactment, for which a violation ticket is issued under section 14, the aggregate of the following amounts:
(a) the fine prescribed for the contravention or, if 2 fines are prescribed for the contravention, the fine payable at the time of payment;
(b) the victim surcharge levy to be paid with that fine under section 8.1 of the Victims of Crime Act;
"violation ticket" means a violation ticket referred to in section 14 but does not include the instructions prescribed under section 132 (2) (a.3).
Section 1 definitions of "treaty first nation" and "treaty first nation law" were added by 2021-27-4(b), effective July 5, 2024 (BC Reg 179/2024).
Section 8 BEFORE amended by 2002-37-4, effective July 1, 2003 (BC Reg 217/2003).
8 Every justice has jurisdiction to try, determine and adjudge proceedings to which this Act applies in the territorial division over which the justice has jurisdiction.
Section 13 (1) (a) BEFORE amended by 2017-17-6, effective March 1, 2018 (BC Reg 18/2018).
(a) must be in writing and, except for an information laid by means of a violation ticket under section 14, must be under oath, and
Section 14 (4) (d) and (e) BEFORE amended by 2003-37-34(a), effective May 29, 2003 (Royal Assent).
(d) a statement that if the allegation or fine is not disputed in the manner and within the time provided in this Act
(e) in the case of a violation ticket issued in respect of an offence under section 83.1 (2) or (2.1) of the Motor Vehicle Act, a statement that if the allegation or fine is disputed in the manner and within the time provided in section 15 (2) of this Act but the person to whom the ticket was mailed fails to appear before the Provincial Court to dispute the allegation or fine on a date referred to in section 15 (11) (a) or (b),
Section 14 (6) (part) BEFORE amended by 2007-14-51(a), effective June 6, 2008 (BC Reg 122/2008).
(6) A copy of a violation ticket issued in respect of an offence by an owner of a motor vehicle under section 83.1 (2) or (2.1) of the Motor Vehicle Act may be sent
Section 14 (7) BEFORE amended by 2007-14-51(b), effective January 14, 2010 (BC Reg 2/2010).
(7) If service is required by this section, an enforcement officer may serve a copy of the violation ticket on the person alleged to have contravened the enactment immediately after the alleged contravention or may cause the copy to be served in the same manner as a summons is required to be served under this Act.
Section 14 (1) BEFORE amended by 2017-17-7(a), effective March 1, 2018 (BC Reg 18/2018).
(1) An enforcement officer may complete and sign a violation ticket for contravention of an enactment referred to in the regulations.
Section 14 (4) (part) BEFORE amended by 2017-17-7(b), effective March 1, 2018 (BC Reg 18/2018).
(4) A violation ticket must be in the prescribed form and must contain all of the following:
Section 15 (1) (a) and (b) BEFORE amended by 2003-37-35(a), effective May 29, 2003 (Royal Assent).
(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or
(b) appearing in person at the location set out in the ticket to give notice of dispute.
Section 15 (2) (a) and (b) BEFORE amended by 2003-37-35(a), effective May 29, 2003 (Royal Assent).
(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or
(b) appearing in person at the location set out in the ticket to give notice of dispute.
Section 15 (5) BEFORE amended by 2003-37-35(c), effective May 29, 2003 (Royal Assent).
(5) When the notice of dispute containing the information referred to in subsection (3) is delivered to the address set out in the violation ticket or given at the location set out in the violation ticket, a copy of the violation ticket must be referred to the Provincial Court for a hearing.
Section 15 (9) (a) and (b) BEFORE amended by 2003-37-35(e), effective May 29, 2003 (Royal Assent).
(a) examining the notice of dispute, the notice of hearing or the notice of appearance, or
(b) inquiring into the service of the ticket on the person.
Section 15 (11) BEFORE amended by 2003-37-35(f), effective May 29, 2003 (Royal Assent).
(11) Subject to subsection (12), if a person fails to appear before the Provincial Court at the hearing or appearance
(a) on the date set by a notice under subsection (6), or
(b) on any other date set by a justice for a hearing or an appearance in relation to the violation ticket,
the allegation or fine is deemed not to be disputed and section 16 (1) applies.
Section 15 (12) (a) BEFORE amended by 2003-37-35(g), effective May 29, 2003 (Royal Assent).
(a) the allegation or fine is deemed not to be disputed,
Section 15 (1) (c) and (d) were added by 2022-14-1(a), effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
Section 15 (2) (c) and (d) were added by 2022-14-1(b), effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
Section 15 (2.1) to (2.3), (3.3) and (4.1) were added by 2022-14-1(c) and (e), effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
Section 15 (3) and (6) BEFORE amended by 2022-14-1(d) and (f), effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
(3) A notice of dispute under this section must contain an address for the person disputing the allegation or fine and sufficient information to identify the violation ticket and the alleged contravention or the fine being disputed.
(6) If a copy of the violation ticket is referred to the Provincial Court under subsection (5),
must be sent to the person disputing the allegation or fine at the address set out in the notice of dispute.
Section 15 (5) (c) and (d) were added by 2022-14-2, effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
Section 15 (0.1), (3.1) and (3.2) were added by 2021-27-7(a), effective July 5, 2024 (BC Reg 179/2024).
Section 15 (5) and (8.1) BEFORE amended by 2021-27-7(b) and (c), effective July 5, 2024 (BC Reg 179/2024).
(5) A copy of the violation ticket must be referred to the Provincial Court for a hearing when the notice of dispute containing the information referred to in subsection (3) is
(a) delivered to the address set out in the violation ticket or the address set out in the instructions prescribed under section 132 (2) (a.3),
(b) given at the location set out in the violation ticket or the instructions prescribed under section 132 (2) (a.3),
(c) submitted by or in accordance with an electronic means set out
(i) in the violation ticket, or
(ii) in the instructions prescribed under section 132 (2) (a.3), or
(d) provided in accordance with the regulations made for the purposes of subsection (1) (d) or (2) (d).
(8.1) A copy of a violation ticket that is referred to the Provincial Court under subsection (5) and received by the Provincial Court under subsection (8) is not insufficient or invalid only because the instructions prescribed for the violation ticket under section 132 (2) (a.3) are not referred to and received by the Provincial Court with the violation ticket, and the court has jurisdiction to try, determine and adjudge proceedings relating to the violation ticket in accordance with section 8.
Section 15 (9) (c) BEFORE amended by 2021-27-7(d), effective July 5, 2024 (BC Reg 179/2024).
(c) inquiring into whether the person received instructions prescribed for the ticket under section 132 (2) (a.3).
Section 15 (11) BEFORE amended by 2021-27-7(e), effective July 5, 2024 (BC Reg 179/2024).
(11) Subject to subsection (12), if a person fails to appear before the Provincial Court at the hearing or appearance
(a) on the date set by a notice under subsection (6), or
(b) on any other date set by a justice for a hearing or an appearance in relation to the violation ticket,
the allegation or fine is deemed not to be disputed, the Provincial Court must not try, determine or adjudge the proceedings and section 16 (1) applies.
Section 15.2 (1) BEFORE amended by 2010-6-98,Sch 8, effective July 1, 2010.
(1) Despite section 60, but subject to the Rules of Court, a justice hearing the trial on a violation ticket may adopt procedures that are conducive to justly and expeditiously determining the matter.
Section 15.3 (1) BEFORE amended by 2021-27-8, effective July 5, 2024 (BC Reg 179/2024).
(1) If a hearing required under section 15 (5) is in respect of a prescribed offence, a certificate in the prescribed form, purporting to be signed by an enforcement officer and setting out evidence of the alleged offence, is admissible in the hearing without proof of the signature or official character of the enforcement officer appearing to have signed the certificate and is proof of the facts certified in it unless there is evidence to the contrary.
Section 15.4 BEFORE re-enacted by 2022-14-6, effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
Disputing fine amount in writing
15.4 (1) A person who delivers a notice of dispute under section 15 (1) or (2) in respect of only the fine portion of the ticketed amount indicated on a violation ticket may include with the notice, in the prescribed form,
(a) a statement that he or she does not want to appear in person for a hearing of the dispute, and
(b) written reasons for requesting
(i) a reduction in the fine amount, or
(ii) time to pay under section 82 (2) (b).
(2) If a notice of dispute includes the form referred to in subsection (1),
(a) the hearing required by section 15 (5) is satisfied by the consideration under paragraph (c),
(b) section 15 (6) and (8) to (12) does not apply to the dispute,
(c) the justice to whom the matter is referred must consider the reasons provided under subsection (1) (b) and make an order in the dispute in accordance with this Act, and
(d) the order of the justice under paragraph (c) may be sent by ordinary mail to the person who delivered the notice under section 15 (1) or (2).
(3) An order of a justice sent under subsection (2) (d) is deemed to have been received on the 7th day after the date of mailing.
Section 15.4 (1) (part) BEFORE amended by 2022-14-7(a), effective July 5, 2024 (BC Reg 179/2024).
(1) A person who disputes only the fine portion of the ticketed amount indicated on a violation ticket may provide, in the prescribed form and in accordance with subsection (2),
Section 15.4 (1.1), (1.2), (3.1) and (3.2) were added by 2022-14-7(b) and (c), effective July 5, 2024 (BC Reg 179/2024).
Section 15.4 (4) (part) BEFORE amended by 2022-14-7(d), effective July 5, 2024 (BC Reg 179/2024).
(4) If a form referred to in subsection (1) or (3) is provided,
Section 16 (2) and (3) BEFORE amended by 2002-37-6(a), effective July 1, 2003 (BC Reg 217/2003).
(2) Subject to subsection (3), if a person who is served with a violation ticket, through no fault of the person, has not had an opportunity to dispute the allegation or the amount of the fine and not more than 14 days have elapsed since the expiry of the dispute period referred to in section 15, the person may appear before a justice and the justice, on being satisfied by affidavit in the prescribed form of the facts, must strike out the conviction, if any, and allow the person to dispute the allegation or the amount of the fine portion of the ticketed amount in accordance with section 15.
(3) If a person to whom a violation ticket is mailed under section 14 (6) (a) but on whom the ticket has not been served,
(a) through no fault of the person, has not had an opportunity to dispute the allegation or the amount of the fine, and
(b) was deemed to have pleaded guilty to the alleged contravention on the ticket under section 14 (11) or 15 (12), and not more than 30 days have elapsed since the conviction first came to the attention of the person,
the person may appear before a justice and the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction and cause a new date to be set for a hearing or appearance in relation to the violation ticket.
Sections 16 (2.1), (3.2) and (6) were added by 2002-37-6(b), effective July 1, 2003 (BC Reg 217/2003)
Section 16 (2) (b) and (2.1) (b) BEFORE amended by 2021-27-10, effective July 5, 2024 (BC Reg 179/2024).
(b) is convicted under section 15 or deemed to have pleaded guilty under subsection (1)
(b) the defendant had a genuine intention to dispute the ticket before the dispute period under subsection (1) expired,
Section 17 BEFORE amended by 2021-27-11, effective July 5, 2024 (BC Reg 179/2024).
Conviction need not be entered
17 If a person is deemed to have pleaded guilty to an alleged contravention under section 14 (11), 15 (12) or 16 (1) or is found guilty of an alleged contravention by the Provincial Court, no minute or memorandum of the conviction need be drawn up or entered unless it is required by the person or a prosecutor or under the enactment contravened.
Section 18 (2) (b) BEFORE amended by 2003-37-36, effective May 29, 2003 (Royal Assent).
(b) in respect of which the person named on the ticket was deemed to have pleaded guilty under section 14 (11) or 16 (1).
Section 19 (4) BEFORE amended by 2002-37-7, effective July 1, 2003 (BC Reg 217/2003).
(4) A justice who adjourns the proceedings under subsection (3) (a) or (b) is not seized of the matter.
Section 24.2 (7) BEFORE amended by 2011-4-14(b), effective June 2, 2011 (Royal Assent).
(7) Despite anything in this section, a thing must not be returned, forfeited or disposed of under this section until the later of the following:
(a) 30 days after an order under subsection (4);
(b) if the order under subsection (4) is appealed, 30 days after the decision on the appeal has been given.
Section 24.2 (1.1) BEFORE amended by 2019-12-21, effective May 16, 2019 (Royal Assent).
(1.1) Subsection (1) of this section does not apply if, under section 14.04 (1) (b) (iv) or 23.1 of the Civil Forfeiture Act, the director under that Act serves notice of forfeiture under Part 3.1 of that Act or notice of intent to commence proceedings, as the case may be, on the responsible official having custody of the thing seized, unless
(a) that notice is withdrawn under section 14.08 (a) or 23.1 (4) (a) (ii) of that Act, or
(b) in the case of notice of intent to commence proceedings, the 30 day period referred to in section 23.1 (4) (a) of that Act expires and no proceedings are commenced under section 3 of that Act in relation to the thing seized.
Section 24.2 (1.1) and (8) BEFORE amended by RS2024-1-RevSch 2, effective June 17, 2024 (BC Reg 151/2024).
(1.1) Subsection (1) of this section does not apply if, under section 14.04 (1) (b) (iv) or 23.01 of the Civil Forfeiture Act, the director under that Act serves notice of forfeiture under Part 3.1 of that Act or notice of intent to commence proceedings, as the case may be, on the responsible official having custody of the thing seized, unless
(a) that notice is withdrawn under section 14.08 (a) or 23.01 (4) (a) (ii) of that Act, or
(b) in the case of notice of intent to commence proceedings, the 30 day period referred to in section 23.01 (4) (a) of that Act expires and no proceedings are commenced under section 3 of that Act in relation to the thing seized.
(8) This section does not apply if, in relation to a thing seized, proceedings are commenced under section 3 of the Civil Forfeiture Act or the property is forfeited and disposed of by the director under Part 3.1 of that Act.
Section 26 (2) (b) BEFORE amended by 2017-10-60,Sch 1, effective November 2, 2017 (Royal Assent).
(b) have the evidence taken in accordance with section 540 of the Criminal Code, in so far as that section is capable of being applied.
Section 29 (2) (b) and (c) BEFORE amended by 2003-52-462, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(b) in the case of another municipality, to the mayor or in accordance with section 6.5 of the Local Government Act, and
(c) in the case of a regional district, to the chair of the regional district or in accordance with section 6.5 of the Local Government Act.
Section 29 (2) (c) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(c) in the case of a regional district, to the chair of the regional district or in accordance with section 6.5 [giving notice to regional districts] of the Local Government Act.
Section 31 (1) (a) and (b) BEFORE amended by 2017-17-10(a), effective March 1, 2018 (BC Reg 18/2018).
(a) the oral evidence given under oath of a person who served it, or
(b) the certificate of a person who served it, if the certificate is endorsed on a copy of the summons, violation ticket, appearance notice or promise to appear.
Section 38 (1) (a) BEFORE amended by 2024-16-163, effective May 1, 2025 (BC Reg 48/2025).
(a) the officer in command of the police force or police department, or of the designated policing unit or designated law enforcement unit as those terms are defined in section 1 of the Police Act, who is responsible for the lockup or other place to which a defendant is taken after arrest, or
Section 41 (1) BEFORE amended by 2012-1-2, effective June 1, 2012 (BC Reg 122/2012).
(1) If a warrant for the arrest of a defendant cannot be executed in accordance with section 37, a justice in whose jurisdiction the defendant is, or is believed to be, must, on application and on proof on oath, or by affidavit, of the signature of the justice who executed the warrant, authorize the execution of the warrant in his or her jurisdiction by making an endorsement, which may be in Form 16, on the warrant.
Section 42 BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
Section 52 (2) BEFORE amended by 2002-37-8, effective July 1, 2003 (BC Reg 217/2003).
(2) A justice may deal summarily with a person who is guilty of contempt of court under this section.
Section 53 BEFORE amended by 2002-37-9, effective July 1, 2003 (BC Reg 217/2003).
53 Every justice has the same power and authority to preserve order in a court over which he or she presides as may be exercised by the Supreme Court.
Section 66 (1) BEFORE amended by 2002-37-11, effective July 1, 2003 (BC Reg 217/2003).
(1) A justice who, in a proceeding, is exercising jurisdiction under an authorization made under section 31 (1) of the Provincial Court Act may, at any stage of the proceeding, exercise that jurisdiction in the absence of a prosecutor.
Section 70 BEFORE amended by 2011-24-18, effective August 1, 2012 (BC Reg 121/2012).
Remand for observation
70 If the justice is of the opinion, supported by the evidence of at least one medical practitioner, that there is reason to believe that the defendant is mentally ill, the justice, at any time before convicting the defendant or making an order against the defendant or dismissing the information, may, by order in writing, remand the defendant to the custody that the justice directs for observation for a period of not longer than 30 days.
Section 71 BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
Section 73 BEFORE repealed by 2012-1-3, effective June 1, 2012 (BC Reg 122/2012).
Recognizance for person convicted
73 (1) In this section, "court" means the Supreme Court.
(2) If a person is convicted of an offence, the justice may, in addition to or instead of sentence, order that the person must, at a time to be set by the justice, enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a term that of not longer than 2 years, and in default may, by warrant in Form 13, commit the person to prison until the recognizance is entered into or the security is given.
(3) The recognizance under this section may be in Form 18, and section 89 (2) and (3) applies to the recognizance.
(4) If a person who has been ordered to enter into a recognizance under subsection (2) has remained in prison for 2 weeks because of his or her default, the person may apply to a court for a review of the order of committal.
(5) A court that receives an application under subsection (4) may
(a) order the discharge of the person referred to at once, or at a subsequent time, on notice to persons it considers proper, or
(b) make any other order that it considers proper in the circumstances with respect to the number of sureties to be required, the amounts in which they are to be bound and the period during which the person and the sureties are to be bound.
Section 81 (6) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(6) The Rules of Court apply to the review of a certificate under this section as though it were a review of disbursements under those rules.
Section 82 (1) BEFORE amended by BC Reg 335/06 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(1) Subject to subsection (6), but despite any other provision of this Act, any other Act, regulation, municipal bylaw or order made by a justice, a justice must not, except under the Small Claims Act, order that a person be imprisoned merely because he or she defaults in paying a fine.
Section 87 BEFORE re-enacted by 2012-1-4, effective June 1, 2012 (BC Reg 122/2012).
Intermittent imprisonment
87 If a defendant is convicted of an offence, and it appears to the justice just and reasonable to do so, the justice may sentence the defendant to a term of imprisonment and may direct that the defendant serve, within a period of one year, the term of imprisonment on such days as, in the aggregate, equal the number of days to which the defendant was sentenced.
Section 89 BEFORE re-enacted by 2012-1-5, effective June 1, 2012 (BC Reg 122/2012).
Suspended sentence
89 (1) In this section, "justice" includes the court before which an appeal is heard in respect of a conviction or order made under this Act.
(2) If a defendant is convicted of an offence and it appears to the justice that, having regard to the defendant's age, character and antecedents, to the nature of the offence, and to any extenuating circumstances surrounding the commission of the offence, it is expedient that the defendant be released on probation, the justice may, instead of sentencing the defendant to punishment, suspend the passing of sentence and direct that the defendant be released on entering into a recognizance, in Form 18, with or without sureties,
(a) to keep the peace and be of good behaviour during a period set by the justice, and
(b) on breach of the recognizance, to appear and to receive sentence when called on to do so during the period set under paragraph (a).
(3) A justice who suspends the passing of sentence may specify, as conditions of the recognizance, that the defendant must
(a) make restitution and reparation to any person aggrieved or injured for the actual loss or damage caused by the commission of the offence, and
(b) provide for the support of a spouse and any other dependants whom he or she is liable to support.
(4) A justice who suspends the passing of a sentence may impose further conditions that the justice considers desirable in the circumstances, and change the conditions and increase or decrease the period of the recognizance, but no recognizance is to be kept in force for more than 6 months.
(5) A justice who suspends the passing of sentence may require as a condition of the recognizance that the defendant report as the justice specifies, to a person designated by the justice, and the defendant must be under the supervision of that person during the specified period.
(6) The person designated by the justice under subsection (5) must report to the justice if the defendant does not carry out the terms on which the passing of sentence was suspended, and the justice may order that the defendant be brought before the justice to be sentenced.
Section 89.7 (1) (c) and (d) BEFORE amended by 2024-16-164, effective April 25, 2024 (Royal Assent).
(c) an officer, member or constable of the provincial police force,
(d) an officer, member or constable of a municipal police force in the Province, or
Section 89.7 (1) (c) BEFORE amended by 2024-16-165, effective May 1, 2025 (BC Reg 48/2025).
(c) an officer of the provincial police force, as those terms are defined in the Police Act,
Section 90 BEFORE re-enacted by 2012-1-7, effective June 1, 2012 (BC Reg 122/2012).
Summons or warrant when recognizance not observed
90 (1) A justice who has suspended the passing of sentence or a justice who has jurisdiction in the territorial division in which a recognizance was taken under section 89 may, on being satisfied by information on oath that the defendant has failed to observe a condition of the recognizance, issue a summons to compel the defendant's appearance or a warrant for the defendant's arrest.
(2) A summons under subsection (1) is returnable before the justice, and a defendant who is arrested under a warrant issued under subsection (1) must be brought before the justice.
(3) A justice before whom a warrant under subsection (1) is returned may
(a) remand the defendant to appear before the justice, or
(b) admit the defendant to bail on recognizance, with or without sureties, on the condition that the defendant appear before the justice.
(4) The justice may, on the appearance of the defendant under this section or section 89 (6), and on being satisfied that the defendant has failed to observe a condition of the recognizance, sentence the defendant for the offence of which he or she was convicted.
(5) If the passing of sentence is suspended by a justice, and then the justice dies or is for any reason unable to act, his or her powers under this section may be exercised by any other justice who has equivalent jurisdiction in the same territorial division.
Section 94 BEFORE repealed by 2007-08-57, effective April 1, 2007.
Parole
94 (1) The National Parole Board holding office under the Corrections and Conditional Release Act (Canada) may exercise its powers and duties with respect to any person who
(a) is undergoing imprisonment as the result of a conviction under a statute of British Columbia, and
(b) is an "inmate" within the meaning of the Corrections and Conditional Release Act (Canada).
(2) All rights, privileges, powers, duties and responsibilities consequent under the Corrections and Conditional Release Act (Canada) on that exercise are applicable and authorized by this Act.
Section 97 BEFORE amended by 2016-5-26, effective March 10, 2016 (Royal Assent).
(1) No information, complaint, warrant, conviction or other proceeding under this Act is insufficient because of the absence of details if, in the opinion of the justice, the information otherwise fulfils the requirements of section 96.
Section 104 (1) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(1) An appellant who proposes to appeal to the appeal court must give notice of appeal in a manner and within a period directed by the Rules of Court.
Section 104 (1) BEFORE amended by 2012-1-8, effective June 1, 2012 (BC Reg 122/2012).
(1) An appellant who proposes to appeal to the appeal court must give notice of appeal in a manner and within a period directed by the Supreme Court Civil Rules.
Section 115 (2), (3) (part) and (4) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.
(2) An application to state a case must be made, and the case must be stated within the period and in the manner directed by the Rules of Court, if any.
(3) If, for the purposes of subsection (2), there are no Rules of Court that apply,
(4) The Supreme Court may, on application by the appellant, extend the times referred to in the Rules of Court for the application to state a case or for the stating of the case, or the times referred to in subsection (3) (b) or (c), but an extension must not be granted for more than 30 days.
Section 124 (1) (a) BEFORE amended by 2012-1-9, effective June 1, 2012 (BC Reg 122/2012).
(a) a court in respect of an appeal under section 109, or
Section 132 (2) (d) BEFORE amended by 2002-37-12(d) effective July 1, 2003 (BC Reg 217/2003).
(d) subject to subsections (3) and (4), prescribing a fine for the contravention of an enactment for the purposes of sections 14 and 16 (1);
Section 132 (2) (h) was added and then amended (below is how it looked BEFORE it was amended) by 2003-60-36, effective January 1, 2005 (BC Reg 175/2004).
(h) prescribing a schedule of costs for the purposes of section 267.1 (5) (b) of the Local Government Act and section 333C (5) (b) of the Vancouver Charter.
Section 132 (2) (d) BEFORE amended by 2005-1-7, effective February 22, 2005 (Royal Assent).
(d) subject to subsections (3) and (4), prescribing, for the purposes of sections 14 and 16 (1), fines for a contravention of an enactment
Section 132 (3) BEFORE amended by 2005-1-7, effective February 22, 2005 (Royal Assent).
(3) The Attorney General must consult with the chief judge of the Provincial Court before recommending a fine to be prescribed under subsection 2 (d).
Section 132 (2) (e) BEFORE amended by 2007-14-162, effective December 1, 2007 (BC Reg 354/2007).
(e) authorizing any word or expression on a violation ticket issued under section 14 to designate an offence under an Act or the regulations made under it;
Section 132 (2) (c) BEFORE amended by 2007-14-54(a), effective January 14, 2010 (BC Reg 2/2010).
(c) designating any person or class of persons as an enforcement officer and prescribing the enactments in respect of which a designated person or class of persons may issue a violation ticket under section 14, issue an appearance notice under section 39 (1) or issue both a violation ticket and an appearance notice;
Section 132 (2.1) was added by 2012-11-39, effective July 1, 2003 [retro from May 14, 2012 (Royal Assent)].
Section 132 (2) (h) BEFORE amended by RS2015-1-RevSch, effective January 1, 2016 [coming into force of RS2015-1].
(h) prescribing a schedule of costs for the purposes of section 263.1 (5) (b) of the Community Charter, section 267.1 (5) (b) of the Local Government Act and section 333C (5) (b) of the Vancouver Charter.
Section 132 (2) (b) BEFORE amended by 2017-17-12(a), effective March 1, 2018 (BC Reg 18/2018).
(b) respecting the electronic reception, creation, completion, signing, identifying, transmission, storage, reproduction or conversion from either paper or electronic format to the other format of
(ii) a certificate of service of a violation ticket under section 31;
Section 132 (2) (a.2) BEFORE amended by 2022-14-14(a), effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
(a.2) prescribing a form for the purpose of section 15.4 (1);
Section 132 (2) (a.21) was added by 2022-14-14(a), effective April 9, 2024 (BC Reg 179/2023 as amended by BC Reg 285/2023).
Section 132 (2) (d) (i) and (ii) BEFORE amended by 2021-27-15(a), effective July 5, 2024 (BC Reg 179/2024).
Section 132 (2.1) (a) and (b) BEFORE amended by 2021-27-16, effective July 5, 2024 (BC Reg 179/2024).
(a) the fine that applies if paid on or before the 30th day from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket, and
(b) the fine that applies if paid after the 30th day from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket.
Schedule, Form 23 BEFORE amended by 2010-6-75, effective July 1, 2010.
Form 23
(Offence Act)
Certificate of Nonpayment of Costs of Appeal
In the court of ....................................
[Style of cause.]
Schedule, Form 13 BEFORE repealed by 2012-1-10(a), effective June 1, 2012 (BC Reg 122/2012).
Form 13
(Offence Act)
Warrant of Committal for Failure to Furnish
Recognizance to Keep the Peace
Canada:
Province of British Columbia:
County of
To the peace officers [territorial division] and to the keeper of the [prison] at ............................:
A.B., called the "defendant", has been ordered to enter into a recognizance to keep the peace and be of good behaviour, and has refused [or failed] to enter into a recognizance accordingly:
You are commanded, in Her Majesty's name, to take the defendant and convey the defendant safely to the [prison] at ................................................ and deliver the defendant to the keeper, together with the following:
You, the keeper, are commanded to receive the defendant into your custody in the prison and imprison the defendant there until he or she enters into a recognizance or until he or she is discharged in due course of law.
Dated .................... [month, day, year], at .........................................
.................................................
A ................................ in and for the Province of British Columbia
Schedule, Form 19 BEFORE amended by 2017-10-40, effective April 21, 2017 [retro from November 2, 2017 (Royal Assent)].
(Offence Act)
Conviction
Canada:
Province of British Columbia:
County of
On ...................... [month, day, year], A.B. called the "defendant", was tried under the Offence Act on the charge that [state fully the offence of which defendant was convicted], was convicted of the offence, and the following punishment was imposed on the defendant, namely:*
Dated ................... [month, day, year], at ...............................................
.......................................................
A .................................. in and for the Province of British Columbia
* Use whichever of the following forms of sentence is applicable:
(a) That the defendant be imprisoned in the [prison] at .................................... for the term of .........................................
(b) That the defendant forfeit and pay the sum of $..............................., to be applied according to law, and also pay to ....................................................... the sum of $.................... in respect of costs, and in default of payment of the sums at once [or within a time set, if any] to be imprisoned in the [prison] at .................................. for the term of ........................, unless the sums and costs and charges of the committal and of conveying the defendant to the prison are paid.
(c) That the defendant be imprisoned in the [prison] at ............................................ for the term of ......................, and in addition forfeit and pay the sum of $........................., to be applied according to law, and also pay to the sum of $ ...................... in respect of costs, and in default of payment of the sums at once [or within a time set, if any] to be imprisoned in the [prison] at ...................... for the term of ..................., unless the sums and costs and charges of the committal and of conveying the defendant to the prison are paid.
Supplement, section 3 BEFORE amended by 2001-32-27, effective August 16, 2001 (Royal Assent).
3 Section 14 is amended by adding the following subsection:
(4.1) A violation ticket issued in respect of an offence under section 83.1 (2) or (2.1) of the Motor Vehicle Act must contain a statement that the person on whom the ticket is served, or to whom the ticket is mailed under subsection (6) of this section, if convicted, will be deemed to have been the driver of the motor vehicle at the time of the contravention for which the person is liable.
1995-28-13; 1997-43-46.
Supplement, section 4 BEFORE amended by 2001-32-27, effective August 16, 2001 (Royal Assent).
4 Section 14 is amended by adding the following subsection:
(6.1) If a copy of a violation ticket is mailed to an owner under subsection (6) (b), the owner is deemed to have received the copy 30 days after it is mailed.
1996-15-22 (d).
Supplement, section 8 BEFORE amended by 2001-32-27, effective August 16, 2001 (Royal Assent).
8 Section 15 is amended by adding the following subsection:
(2.1) A person to whom a violation ticket has been mailed under section 14 (6) (b) may, within 30 days of being deemed to have received the ticket under section 14 (6.1), dispute the allegation or the fine portion of the ticketed amount indicated on the ticket by
(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or
(b) appearing in person at the location set out in the ticket to give notice of dispute.
1996-15-23 (b).
Supplement BEFORE repealed by 2006-33-1(2)(m) effective May 18, 2006 (Royal Assent).
[Supplement]
Offence Act
[RSBC 1996] CHAPTER 338
Repealed
1 and 2 [Repealed 1997-43-47.]
3 and 4 [Repealed 2001-32-27.]
Repealed
5 to 7 [Repealed 1997-43-47.]
8 [Repealed 2001-32-27.]
Repealed
9 and 10 [Repealed 1997-43-47.]
11 [Repealed 1997-10-26.]
12 to 16 [Repealed 1997-43-47.]
17 Section 34 (1) and 36 (a) are amended by striking out "Form 5" and substituting "one of the prescribed forms".
1987-42-87.
18 Section 68 (b) is amended by striking out "in a prescribed form or Form 6" and substituting "that may be in a prescribed form".
1987-42-88.
19 Section 82 is amended
(a) in subsection (1) by adding "or the Motor Vehicle Act" after "the Small Claims Act",
(b) in subsection (6) by striking out "If" and adding "Subject to subsection (9), if", and
(c) in subsection (7) by striking out "A certificate" and substituting "Subject to subsection (9), a certificate", and
(d) by adding the following:
(9) If a person is imprisoned for failure to pay a fine under section 76.1 of the Motor Vehicle Act, the fine is deemed to be paid and subsections (6) and (7) do not apply.
1982-38-13; 1995-30-5.
20 Section 82 is amended
(a) in subsection (1) by adding ", bylaw of a regional district" after "municipal bylaw", and
(b) in subsection (2) by striking out "this or any other Act," and substituting "this Act or any other enactment," and by striking out "or the Act" and substituting "or the enactment".
1989-30-39.
21 The following section is added:
Interest on unpaid fines
82.1 (1) In this section:
"part payment" means an amount received by the government that is less than the aggregate of the required payment and the interest that has accrued on that amount under this section;
"required payment" means the payment referred to in paragraph (a), (b) or (c), as the case may be, of subsection (1.1).
(1.1) A person who does not pay all of
(a) a fine and victim surcharge levy payable in accordance with an order under section 82 (2) (a),
(b) a payment, to be made of or in respect of a fine and victim surcharge levy, payable in accordance with an order under section 82 (2) (b), or
(c) a ticketed amount payable as a result of the person being found guilty of or being deemed to have pleaded guilty to the contravention of an enactment alleged in a violation ticket
must pay to the government, in relation to the unpaid amount of the required payment, an amount of interest at a rate set by the Attorney General under subsection (2) and calculated in accordance with this section.
(2) The Attorney General, in consultation with the chief judge of the Provincial Court, may set the rate of interest for the purpose of subsection (1.1).
(3) The Attorney General must publish in the Gazette a notice of the rate of interest set under subsection (2).
(4) Interest payable under this section accrues on any unpaid balance of the required amount and is to be calculated,
(a) in the case of a fine and victim surcharge levy payable in accordance with an order under section 82 (2) (a), from the day on which the order is made,
(b) in the case of a payment referred to in subsection (1.1) (b) of this section, from the day on which payment is due, and
(c) in the case of a ticketed amount referred to in subsection (1.1) (c) of this section, from the day on which the person is found guilty of or is deemed to have pleaded guilty to the contravention of an enactment alleged in a violation ticket.
(5) Interest payable under this section stops accruing on the day
(a) there is deposited under section 105 (2) (c) the required payment and the interest that has accrued on that amount to the date of the deposit,
(b) the unpaid amount of the required payment is received by the government along with the interest that has accrued on that amount to the date of payment, or
(c) a certificate is filed under section 82 (6) in relation to the fine and victim surcharge levy or the ticketed amount, as the case may be.
(5.1) Unless the person providing a part payment otherwise directs, a part payment must be applied
(a) first to the interest that has accrued on the required payment to the date of the receipt of the part payment,
(b) second to the unpaid amount of the victim surcharge levy portion of the required payment, and
(c) last to the unpaid amount of the fine portion of the required payment.
(6) Interest payable under this section is to be
(a) compounded monthly, and
(b) calculated on the number of days since the last compounding of interest or, if no compounding has yet occurred, since the interest began to accrue under subsection (4).
(7) No interest is payable under this section on any order of costs made under section 79.
(8) No interest is payable under this section with respect to any period before this section comes into force.
1995-30-2.
22 Section 105 (2) (c) is amended by adding "and the amount of any interest payable under section 82.1" after "money to be paid".
1995-30-3.
Repealed
23 [Repealed 1997-43-47.]
24 Section 132 is amended by adding the following subsection:
(5) A regulation made under subsection (2) (d) may prescribe, for contravention of the same enactment, different fines for the purposes of sections 14 and 16 (1).
1995-11-27.
25 Forms 5 and 6 of the Schedule are repealed.
1987-42-89.
Repealed
26 to 28 [Repealed 1997-43-47.]