Interpretation

474.1  In this Part

"justice" has the same meaning as in the Offence Act;

"Park Board" means the Board referred to in section 485.

1989-30-51.

Repealed

475.– 480.  [Repealed 1962-36-27.]

Enforcement of laws

481.  Notwithstanding anything to the contrary contained in this or any other Act, but subject to the Justice Administration Act and the Police Act, it is the duty of the city to bear the expense necessary to

(a) generally maintain law and order in the city;

(b) provide an office for the police department in the city and provide premises as a place of detention; and

(c) provide for the care and custody of persons held in those places of detention.

1974-64-58, proclaimed effective November 15, 1974; 1976-32-23A, proclaimed July 8, 1976, effective November 15, 1974; 1997-25-201; 1997-37-74.

Ticket offences under procedure of previous Offence Act provisions

482.  The Council may, by by-law, provide that for a contravention of

(a) a by-law of the city respecting street traffic made under section 124 of the Motor Vehicle Act or section 317 of this Act; or

(b) any provision under section 324,

an information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in section 14 of the Offence Act, R.S.B.C. 1979, c. 305, before its repeal and replacement by the Offence Amendment Act, 1982, and the provisions of that section apply with the necessary changes and so far as they are applicable to this section, and for that purpose

(c) a reference to the Lieutenant-Governor in Council shall be deemed to be a reference to the Council;

(d) a reference to the Province shall be deemed to be a reference to the city; and

(e) a reference to the regulations shall be deemed to be a reference to the by-laws.

1974-87-38; 1975-43-12; 1997-25-202.

Ticket offences under new procedure

482.1  (1) The Council or the Park Board may, by bylaw,

(a) designate for the purpose of this section a bylaw that comes within a category of bylaws prescribed under section 482.3 (a),

(b) designate as a bylaw enforcement officer a person who comes within a class of persons prescribed under section 482.3 (b), and

(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a bylaw.

(2) If the Council or the Park Board has designated a by-law under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law.

(3) Notwithstanding section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.

(4) When laying an information by means of a ticket, a bylaw enforcement officer shall indicate on the ticket the offence charged and shall sign the ticket.

(4.1) The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law.

(4.2) Service of a ticket under subsection (4.1) may be effected by

(a) serving a copy of the ticket on the person alleged to have contravened the by-law immediately after the alleged contravention, or

(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.

(4.3) Service of a ticket under subsection (4.1) may be proved by

(a) the oral evidence given under oath of the person who served it, or

(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.

(4.4) The certificate referred to in subsection (4.3) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.

(5) The use on a ticket of

(a) any word or expression authorized by bylaw under subsection (1) (c) to designate an offence against a bylaw, or

(b) a general description of an offence against a bylaw,

shall be deemed sufficient for all purposes to describe the offence designated by that word or expression or general description.

(6) If a fine set in accordance with subsection (10) is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,

(a) pay the fine indicated on the ticket to the Council or Park Board in accordance with the prescribed instructions, or

(b) dispute the allegation contained in the ticket by

(i)  delivering or having delivered to the address set out in the ticket a written notice of dispute, or

(ii)  appearing in person at the location set out in the ticket to give notice of dispute.

(6.1) A notice of dispute under subsection (6) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.

(6.2) For the purpose of subsection (6), a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed.

(7) A person who pays a fine in accordance with subsection (6) shall be deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.

(7.1) If notice of dispute is given in accordance with subsection (6), the Council or the Park Board must refer the ticket to the Provincial Court for a hearing.

(8) If a ticket is referred to the Provincial Court for a hearing under subsection (7.1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice.

(8.1) If a person appears before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), section 58 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.

(9) Where a person who is served with a ticket

(a) has paid the fine in accordance with subsection (6), or

(b) has

(i)  appeared before a justice at the time and place specified in the notice of the hearing referred to in subsection (8), and

(ii)  pleaded guilty to or been found guilty of the offence with which the person was charged in the ticket,

no conviction need be drawn up or entered unless it is required by the person convicted or by a prosecutor or under the bylaw contravened.

(10) For the purpose of subsection (6), after consultation with the chief judge of the Provincial Court the Council or the Park Board may by bylaw set a fine, not exceeding $500, for contravention of a bylaw.

(11) Where a minimum or maximum fine is established by a bylaw, the fine set under subsection (10) shall be not less than the minimum or more than the maximum fine established by the bylaw.

(12) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8), the person may, within 30 days after the date specified in the notice, appear before a justice for a determination of whether or not the failure to appear was the person's fault.

(13) If a person appears before a justice under subsection (12) and the justice is satisfied by affidavit in the prescribed form that the failure to appear was not the person's fault, the justice must

(a) strike out the conviction, if any, and

(b) set a new time and place for the appearance of the person before a justice.

(14) If a conviction is struck out under subsection (13), the justice must give the defendant a certificate of the fact in the prescribed form.

(15) If a person fails to appear before a justice to dispute a charge at the time and place specified in the notice of the hearing referred to in subsection (8) or at a new time and place set under subsection (13), as the case may be, the person is deemed not to have disputed the charge.

(16) If a person is deemed under subsection (15) not to have disputed the charge, a justice must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i)  convict the person in the person's absence and without a hearing, and

(ii)  impose the fine set under subsection (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(17) Nothing in subsection (15) or (16) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.

1989-30-52; 1994-26-18; 1997-25-203.

Failure to respond to ticket

482.2  (1) If

(a) a person served with a ticket under section 482.1 does not, as provided for in that section, pay the fine or dispute the charge, and

(b) at least 14 days have elapsed after the ticket was served on the person,

the person is deemed not to have disputed the charge.

(2) Where a person is deemed under subsection (1) not to have disputed the charge, a justice, on being satisfied that the conditions set out in that subsection have been met, must examine the ticket and must,

(a) if the ticket is complete and regular on its face,

(i)  convict the person in the person's absence and without a hearing, and

(ii)  impose the fine set under section 482.1 (10) for the offence charged, or

(b) if the ticket is not complete and regular on its face, quash the proceeding.

(2.1) The conditions set out in subsection (1) may be proved to the satisfaction of the justice by oral evidence given under oath or by affidavit in the prescribed form.

(3) If a person who is served with a ticket has, through no fault of that person, not had an opportunity to dispute the charge and if not more than 30 days have elapsed since the expiry of the period referred to in section 482.1 (6), the person may appear before a justice.

(4) If a person appears before a justice under subsection (3), the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction, if any, and allow the person 14 days after the date on which the conviction is struck to dispute the charge in accordance with section 482.1 (6).

(5) Where a conviction is struck out under subsection (4), the justice shall give the defendant a certificate of the fact in the prescribed form.

(6) Nothing in subsection (1) shall be construed as abrogating the right of any person to appeal the conviction under section 102 of the Offence Act.

1989-30-52; 1994-26-19; 1997-25-204.

Regulations

482.3  The Lieutenant Governor in Council may make regulations

(a) prescribing, by reference to their subject matter or otherwise, categories of bylaws for the purpose of section 482.1 (1) (a),

(b) prescribing classes of persons for the purpose of section 482.1 (1) (b),

(b.1) prescribing the form of a certificate of service for the purpose of section 482.1 (4.3),

(b.2) prescribing instructions for paying a fine for the purpose of section 482.1 (6) (a),

(b.3) prescribing the form of affidavits for the purposes of section 482.1 (13) and section 482.2 (2.1) and (4),

(c) prescribing the form and content of the tickets issued under section 482.1, and

(d) prescribing the form of a certificate under sections 482.1 (14) and 482.2 (5).

1989-30-52; 1994-26-20.

Disposal of property by police

483.  (1) The Council may, by by-law, provide for the disposal of property that has come into the possession of a member of the police department in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto.

(2) The by-law may authorize the sale of the property referred to in subsection (1) and the application of the proceeds of the sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes:

(a) The expense of carrying out the provisions of the by-law;

(b) The payment of reasonable compensation to any person by whom the property was delivered into the possession of the police;

(c) Payment into the general revenue of the city.

(3) If the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for 6 months.

(4) In any other case the property shall not be sold until it has remained in the possession of the police for at least 3 months.

1974-87-38; 1988-67-7; 1997-37-74; 2006-03-29.

Repealed

484.  [Repealed 2004-35-94.]

Repealed

484A. and 484B.  [Repealed 1974-87-38.]