"Point in Time" Act and Supplement Content

OFFENCE ACT
[RSBC 1996] CHAPTER 338

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 8 BEFORE amended by 2002-37-4 effective July 1, 2003 (BC Reg 217/03).

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 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(5.1) was by 2003-37-34(b) effective May 29, 2003 (Royal Assent).

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(8.1) was added by 2003-37-35(d) effective May 29, 2003 (Royal Assent).

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(9)(c) was added by 2003-37-35(e) effective May 29, 2003 (Royal Assent).

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 was added by 2002-37-5 effective July 1, 2003 (BC Reg 217/03).

Section 15.2 was added by 2002-37-5 effective July 1, 2003 (BC Reg 217/03).

Section 15.3 was added by 2002-37-5 effective July 1, 2003 (BC Reg 217/03).

Section 15.4 was added by 2002-37-5 effective July 1, 2003 (BC Reg 217/03).

Section 16(2) and (3) BEFORE amended by 2002-37-6(a) effective July 1, 2003 (BC Reg 217/03).

(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.

Section 16(2.1), (3.2) and (6) was added by 2002-37-6(b) effective July 1, 2003 (BC Reg 217/03).

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 217/03).

(4) A justice who adjourns the proceedings under subsection (3) (a) or (b) is not seized of the matter.

Section 52(2) BEFORE amended by 2002-37-8 effective July 1, 2003 (BC Reg 217/03).

(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 217/03).

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 63.1 was added by 2002-37-10 effective July 1, 2003 (BC Reg 217/03).

Section 66(1) BEFORE amended by 2002-37-11 effective July 1, 2003 (BC Reg 217/03).

(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 132(2)(a.3) was added by 2003-37-37 effective May 29, 2003 (Royal Assent).

Section 132(2)(a.2) was added by 2002-37-12(a) effective July 1, 2003 (BC Reg 217/03).

Section 132(2)(d) BEFORE amended by 2002-37-12(d) effective July 1, 2003 (BC Reg 217/03).

(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 3 of the Supplement BEFORE changes were made 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.

Section 4 of the Supplement BEFORE changes were made 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).

Section 8 of the Supplement BEFORE changes were made 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).

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