88/2013

O.C. 123/2013

February 28, 2013

September 16, 2013

South Coast British Columbia Transportation Authority Act

Fare Infraction Review Referral Regulation

[Last amended March 6, 2024 by B.C. Reg. 55/2024]

88_2013_pit

Definitions

In this regulation:

Act means the South Coast British Columbia Transportation Authority Act ;

arbitrator's decision means a decision made by an arbitrator under

section 256 of the Act;

chief judge means the chief judge of the Provincial Court;

disputant means a person seeking to have an arbitrator's decision referred to the Provincial Court for review;

judge and justice have the same meanings as in the Provincial Court Act ;

judicial officer means a judge, and includes a justice if designated to act under this regulation by the chief judge under

section 11 (1) of the Provincial Court Act .

Receipt of arbitrator's decision

1.1

An arbitrator must set out in a notice of the arbitrator's decision under

section 256 of the Act the date the arbitrator, or a person acting on behalf of the arbitrator, mails or emails that notice.

A disputant is conclusively deemed to have received a notice of an arbitrator's decision under

section 256 of the Act 14 days after the date set out under subsection (1).

[en. B.C. Reg. 157/2015.]

Starting a review

To refer an arbitrator's decision to the Provincial Court for review in relation to a ticket issued under

section 248 of the Act, the disputant must complete a referral for review in Form 1 and swear or affirm an affidavit in support in Form 2 and file those documents at the Vancouver Small Claims Registry within the period referred to in

section 257 of the Act.

Service on the authority

The disputant must serve the authority with a copy of the filed documents by

leaving them with a receptionist at, or

mailing them by registered mail to

the authority's address for service given on Form 1.

[am. B.C. Reg. 242/2013, s. (a).]

Authority must respond

In order to respond to the disputant's referral for review, the authority must, within 28 days after service,

file at the Vancouver Small Claims Registry

a response to referral in Form 3, and

any affidavit in support, in Form 4, that the authority wishes to file, and

serve a copy of each of the filed documents on the disputant by

mailing those copies to the address for service shown for the disputant on the referral for review,

leaving them with the disputant, or

iii

emailing them to any email address shown for the disputant on the referral for review.

Ticket cancelled on failure to respond

If the authority does not file a response to referral within the 28 day period referred to in

section 4, the court must order the ticket is cancelled if

the disputant files at the Vancouver Small Claims Registry

an application in Form 5, and

a certificate of service in Form 6, and

the registrar of the court is satisfied that the authority did not file a response to referral within the 28 day period referred to in

section 4.

If ticket cancelled

If the court orders that the ticket is cancelled under

section 5, the registrar must provide a copy of that order, in Form 7, to the disputant and the authority in accordance with

section 10.

Judicial officer may determine issue without a hearing

If the authority does file a response to referral within the 28 day period referred to in

section 4, a judicial officer may, after considering the referral for review, the response to referral and the affidavits filed in support,

order that the ticket is confirmed, or

determine that

the judicial officer is not able, without receiving additional evidence, to decide whether the ground for cancellation referred to in the referral for review applies to justify the cancellation of the ticket, and

as a result of the need for additional evidence, a hearing is required.

[am. B.C. Reg. 76/2022, s. 3.]

If ticket confirmed

If a judicial officer orders that the ticket is confirmed under

section 7 (a), the registrar of the court must provide a copy of that order, in Form 7, to the disputant and the authority in accordance with

section 10.

If hearing required

If a judicial officer makes a determination under

section 7 (b), the registrar of the court must provide a notice of hearing in Form 8 to the disputant and the authority in accordance with

section 10.

Provision of notice

A document referred to in

section 6, 8 or 9 must be provided as follows:

to the disputant by mailing the document to the address shown for the disputant on the referral for review or by emailing the document to any email address shown for the disputant on the referral for review, and

to the authority by mailing the document to the address shown for the authority on the response to referral or by emailing the document to any email address shown for the authority on the response to referral.

Proceedings at hearing

If, at the date, time and place set for the hearing in the notice of hearing,

both a representative of the authority and the disputant attend, the judicial officer may conduct the hearing,

the disputant attends but a representative of the authority does not attend, the judicial officer may conduct the hearing and make an order in the absence of the authority's representative, or

a representative of the authority attends but the disputant does not attend, the ticket is confirmed and the disputant is indebted to the authority under

section 250 of the Act for the unpaid portion of the ticketed amount.

Application of Small Claims Rules

Rules 8 (4) and (6), 10 (1), (2) and (11) to (13), 15 (1) and (2), 16 (2) (c.1), (3) to (5), (6) (a), (

d) and (k.1) to (o), (7) to (11), 17 (4), (6), (7), (9) to (17) and (20), 18 (16) and (17) (a), 19 and 21 (2) of the Small Claims Rules apply to a dispute referred to in this regulation.

For the purposes of subsection (1), a reference in a provision of the Small Claims Rules referred to in subsection (1) to any of the terms referred to in Column 1 of the following table is deemed to be a reference to the term set out opposite that term in Column 2 of that table.

Column 1

Column 2

claim

referral for review

claimant

disputant

defendant

authority

judge

judicial officer

party

disputant or authority

reply

response to referral

trial

hearing

[am. B.C. Reg. 242/2013, s. (b).]

Decision at hearing

At a hearing referred to in

section 11, the judicial officer conducting the hearing may, by order,

confirm the ticket, or

if the disputant satisfies the judicial officer, on a balance of probabilities, that one or more of the grounds referred to in

section 253 (

a) to (

c) of the Act apply, cancel the ticket.

If ticket confirmed

If, under

section 7 (

a) or 13 (

a) of this regulation, a judicial officer confirms the ticket, the disputant is indebted to the authority under

section 250 of the Act for the unpaid portion of the ticketed amount.

Repealed

Repealed. [B.C. Reg. 55/2024.]

Forms

Form 1 (Section 2)

[am. B.C. Reg. 242/2013, s. (c).]

REFERRAL FOR REVIEW

[South Coast British Columbia Transportation Authority Act]

Registry File Number: .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

......................................................................[ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

Filed by:

Name: .......................................................................[ name of person disputing the ticket ]

[ Set out the street address of the address to which documents may be mailed to you in relation to this dispute. An email address ma y be given as an additional address for service. ]

Address for service: ..........................................................................................................

City: ................................ Province: ..................... Postal Code: .....................................

Telephone number: ................................. Email: ..............................................................

Notice to:

South Coast British Columbia Transportation Authority Address for service: 400 — 287 Nelson's Court, New Westminster, BC, V3L 0E7

1 On ........................[ date ], a ticket was issued to .........................................[ name ] [ Attach a copy of the ticket in dispute to the affidavit filed in support of this referral for review. ]

2 I appealed liability under the ticket to an arbitrator under

section 253 of the South Coast British Columbia Transportation Authority Act and by notice dated .......................[ date ] the arbitrator confirmed the ticket. [ Attach a copy of the arbitrator's notice to the affidavit filed in support of this referral for review. ]

3 I am not satisfied with the arbitrator's decision. I believe that the arbitrator erred in confirming the ticket because it is my belief that [ Select the box(es) that apply(ies). ]

[ ] I did not commit the infraction as alleged

[ ] the ticket does not comply with

section 249 (1) of the South Coast British Columbia Transportation Authority Act .

4 In support of this referral for review, I am filing an affidavit setting out the relevant facts.

The court address for filing documents is:

Robson Square Provincial Court #100 - 800 Hornby St. Vancouver, BC V6Z 2C5

Dated: ................................................ Signature of disputant: ......................................................

Form 2 (Section 2)

[am. B.C. Reg. 242/2013, s. (d).]

REFERRAL FOR REVIEW AFFIDAVIT

[South Coast British Columbia Transportation Authority Act]

Registry File Number: .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

......................................................................[ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

I, ....................[ name ]...................., of .....................[ address ]....................., ............[ occupation ]..............., SWEAR (OR AFFIRM) THAT:

1 I have read the referral for review signed on ................... [ date of signature ] and the facts set out in that referral for review are true.

2 Attached as Exhibit A to this affidavit is a copy of the ticket referred to in

section 1 of the referral for review.

3 Attached as Exhibit B to this affidavit is a copy of the arbitrator's notice referred to in

section 2 of the referral for review.

4 In support of my statement in

section 3 of the referral for review, the following facts are relevant and true: [ Using separate paragraphs, set out the material facts that support the statement set out in

section 3 of the referral for review. ]

(a)

(

b) etc.

SWORN (OR AFFIRMED) BEFORE

............................................................................

ME at ........................., British Columbia

on ...................[ dd/mmm/yyyy ]............... .

..........................................................

A commissioner for taking

affidavits for British Columbia

....[ print name or affix stamp of commissioner ]...

Form 3 (Section 4)

[am. B.C. Reg. 242/2013, s. (c).]

RESPONSE TO REFERRAL

[South Coast British Columbia Transportation Authority Act]

Registry File No. .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

.....................................................................[ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

Filed by:

South Coast British Columbia Transportation Authority (the "Authority")

Address for service: 400—287 Nelson's Court, New Westminster, BC, V3L 0E7

Email ....................................................................

Notice to:

Name: ...................................................................................(the "Disputant")

Address for service: ....................................................................................................

City: .................................. Province: .................... Postal Code: .................................

Email: ..................................................................

1 This response to referral is filed in response to the referral for review filed by the Disputant on ...............................[ date of filing ].

2 On .........................[ date ticket was issued ], a ticket dated ...................[ date of ticket ] and numbered ........................[ number of ticket ] was issued to ...........................[ name ].

3 The basis for the dispute set out in

section 3 of the referral for review is not supportable because: ................................................................................................... .

4 In support of this response to referral, the Authority

[ ] is filing an affidavit of ..................................[ name of person swearing the supporting affidavit ] setting out the relevant facts.

[ ] is not filing an affidavit.

The court address for filing documents is:

Robson Square Provincial Court #100-800 Hornby St. Vancouver, BC V6Z 2C5

Dated: ....................................... Signature of representative for the Authority: ..................................

Form 4 (Section 4)

[am. B.C. Reg. 242/2013, s. (e).]

RESPONSE TO REFERRAL AFFIDAVIT

[South Coast British Columbia Transportation Authority Act]

Registry File Number: .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

I, .....................[ name ]...................., of .....................[ address ]....................., ............[ occupation ]..............., SWEAR (OR AFFIRM) THAT:

1 I am ..................................[ indicate relationship to the South Coast British Columbia Transportation Authority ].

2 I have read the response to referral signed on ................. [ date of signature ] and the facts set out in that response to referral are true.

3 In support of the response to referral, the following facts are relevant and true: [ Using separate paragraphs, set out the material facts that support the ticket. ]

(a)

(

b) etc.

SWORN (OR AFFIRMED) BEFORE ME

............................................................................

at ........................., British Columbia

on ...................[ dd/mmm/yyyy ]............... .

..........................................................

A commissioner for taking

affidavits for British Columbia

....[ print name or affix stamp of commissioner ]....

Form 5 (Section 5)

APPLICATION

[South Coast British Columbia Transportation Authority Act]

Registry File No. .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

.....................................................................[ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

Filed by:

Name: .......................................................................................... (the "Disputant")

Address for service: ................................................................................................

City: ................................ Province: .................... Postal Code: ..............................

Email: ..................................................................

1 By referral for review filed on ..................[ date ], I did dispute my liability in relation to a ticket dated .........................[ date of ticket ] and numbered ........................[ number of ticket ] (the "ticket") issued by or on behalf of the South Coast British Columbia Transportation Authority (the "Authority").

2 A copy of the filed referral for review was served on the Authority on ......................[ date ] by

[ ] me

[ ] .................................[ name ]

3 The Authority has not filed a response to referral within the 28 day period referred to in

section 4 of the Fare Infraction Review Referral Regulation.

4 I hereby apply for the cancellation of the ticket.

NOTE: A certificate of service in Form 6 must be filed with this Application.

The court address for filing documents is:

Robson Square Provincial Court #100-800 Hornby St. Vancouver, BC V6Z 2C5

Dated: ......................................... Signature of Disputant: ........................................

Form 6 (Section 5)

[am. B.C. Reg. 242/2013, s. (c).]

CERTIFICATE OF SERVICE

[South Coast British Columbia Transportation Authority Act]

Registry File No. .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

.....................................................................[ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

I certify that I, ..........................................., [ name ] served the attached referral for review and supporting affidavit(

s) on the South Coast British Columbia Transportation Authority on ............................ [ date ] by

[ Select whichever of the following is correct. ]

[ ] delivering a copy of those documents to its head office at 400 — 287 Nelson's Court, New Westminster, BC, V3L 0E7, and leaving them with ..................[ name ] who is a receptionist.

[ ] mailing those documents by registered mail to the authority at 400 — 287 Nelson's Court, New Westminster, BC, V3L 0E7, and attached to this certificate is

[ Select whichever of the following is correct and attach the specified document. ]

[ ] a copy, produced by fax or otherwise, of the signature obtained by Canada Post at the time the document was delivered.

[ ] a print-out of the delivery confirmation made available on the internet by Canada Post. (http://www.canadapost.ca)

NOTE: A copy of the referral for review and supporting affidavit(

s) must be attached to this certificate. In addition, if the referral for review and affidavit(

s) were served by registered mail, a copy of the proof of service referred to above must be attached to this certificate.

Dated: .............................. Signature of person who served the document: .......................................

Form 7 (Section 8)

ORDER

[South Coast British Columbia Transportation Authority Act]

Registry File No. .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

..................................................................... [ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

BEFORE THE HONOURABLE JUDGE

.............day, the .............. day

of ........................., ....[ yyyy ]....

On the application of ...................................[ name ].....................................

[ ] without a hearing

[ ] after a hearing at ................................[ Court location ].............................. on ......[ mmm/dd/yyyy ]......

Persons appearing:

...................................................... Lawyer: .............................................................

...................................................... Lawyer: .............................................................

THIS COURT ORDERS that the ticket dated ...............................[ date of ticket ] and numbered .....................[ number of ticket ] that was issued to .............................................................[ name of person disputing the ticket ] is

[ ] confirmed

[ ] cancelled

Dated: ...................................................... BY THE COURT: ....................................................

Form 8 (Section 9)

[am. B.C. Reg. 242/2013, s. (c).]

NOTICE OF HEARING

[South Coast British Columbia Transportation Authority Act]

Registry File No. .............................. Court Location: Vancouver

In the Provincial Court of British Columbia

In the case between:

..................................................................... [ name of person disputing the ticket ]

and

South Coast British Columbia Transportation Authority

To:

South Coast British Columbia Transportation Authority

400 — 287 Nelson's Court, New Westminster, BC, V3L 0E7

To:

Name: .....................................................................................................................

Address for service: .......................................................................................................

City: .................................. Province: .................... Postal Code: ..................................

The dispute raised by the referral for review filed in this proceeding will be heard at the courthouse at #100-800 Hornby St., Vancouver, BC on ..............................[ date ] at .......................[ time ].

Dated: ................................................

Form 9

Repealed. [B.C. Reg. 55/2024.]

[Provisions relevant to the enactment of this regulation: South Coast British Columbia Transportation Authority Act , S.B.C. 1998, c. 30, s. 263.]