British Columbia Gazette Part II — B.C. Reg. 190/2012
B.C. Reg. 190/2012
British Columbia — Gazette
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Volume 55, No. 13
190/2012
The British Columbia Gazette,
Part II
July 3, 2012
B.C. Reg. 190/2012 , deposited June 25, 2012, pursuant to the SOUTH COAST BRITISH COLUMBIA TRANSPORTATION AUTHORITY AMENDMENT ACT, 2012 [section 17]. Order in Council 498/2012, approved and ordered June 22, 2012.
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective September 4, 2012,
(
a) the attached Fare Collection Regulation is made, and
(
b) the Fare Collection Regulation constitutes the first fare collection bylaw of the South Coast British Columbia Transportation Authority.
— B. LEKSTROM, Minister of Transportation and Infrastructure ; M. MCNEIL, Presiding Member of the Executive Council .
FARE COLLECTION REGULATION
Definitions
1 In this regulation:
"Act" means the South Coast British Columbia Transportation Authority Act ;
"pass" means a record that the authority or a related party has issued or recognized as authorization for the person to whom it was issued to enter a fare paid zone or board a transit vehicle that is not a fare paid zone, and includes, without limitation, a transfer, a fare receipt, a monthly pass, any other time-limited pass and a payment card;
"payment card" means a record issued by the authority or a related party if the following apply:
(
a) the person to whom the record is issued can, by paying money to the authority or a related party, create or increase a credit balance on the record;
(
b) the credit balance on the record can be applied by the person to whom the record was issued towards any fare;
"surcharge date" , in relation to a ticket, means the later of
(
a) the date that is 180 days after the date of service of the ticket,
(
b) if the person to whom the ticket was issued disputes his or her liability under the ticket in accordance with
section 4, the date that is 31 days after the date on which a notice of decision in response to the dispute is provided to that person under
section 4 (4), and
(
c) if the person to whom the ticket was issued appeals his or her liability under the ticket in accordance with
section 7, the date that is 7 days after the date on which a notice of decision in response to the appeal is provided to that person under
section 7 (5);
"ticket" means a ticket issued under
section 248 of the Act.
Description of infraction
2 Every word and phrase set out in Column 2 of
Schedule 1 to this regulation is authorized to be used on a ticket to describe the infraction of contravening the provision of the Act referred to in Column 1 opposite that word or phrase.
Ticketed amounts
(1) For the contravention of a provision of the Act set out in Column 1 of
Schedule 1 to this regulation,
(
a) Column 2 of
Schedule 1 sets out the description of the infraction for the purposes of
section 2, and
(
b) Column 3 of
Schedule 1 prescribes the fine for the infraction.
(2) On the surcharge date applicable to a ticket, a surcharge of $40 is added to and forms part of the ticketed amount if full payment of the ticketed amount is not made before the surcharge date.
(3) On the date that is 366 days after the date of service of the ticket, an additional surcharge of $60 is added to and forms part of the ticketed amount if full payment of the ticketed amount is not made on or before that date.
Dispute process
(1) For the purposes of
section 251 (1) of the Act, a person to whom a ticket has been issued may dispute his or her liability under the ticket
(
a) within 14 days after the date of service of the ticket, or
(
b) if the authority is satisfied that, due to extenuating circumstances, the person was not reasonably able within that 14 day period to dispute liability under the ticket, within any longer period that the authority may, in writing, specify.
(2) To dispute liability under a ticket, the person to whom the ticket was issued must, within the dispute period referred to in subsection (1) of this section, provide to the authority, in accordance with subsection (3), a notice of the dispute
(
a) identifying on which of the grounds set out in
section 251 (1) of the Act the person is basing the dispute, and
(
b) providing any information relevant to the dispute.
(3) A notice of dispute under subsection (2) of this
section must be provided to the authority by
(
a) mailing it to the head office of the authority, or
(
b) providing it electronically in the manner set out on the authority's website.
(4) Within 30 days after receiving a notice of dispute under subsection (2), the authority must
(
a) decide whether to confirm or cancel the ticket, and
(
b) provide to the person who submitted the notice of dispute, in accordance with subsection (5), notice of that decision and the basis on which it was made.
(5) A notice of decision under subsection (4) must be provided to the person who submitted the notice of dispute by
(
a) mailing the notice of decision to the postal address provided for that person in the notice of dispute, or
(
b) e-mailing the notice of decision to the email address provided for that person in the notice of dispute.
Appeal period
(1) For the purposes of
section 253 of the Act, a person who has disputed liability under a ticket in accordance with
section 4 of this regulation and Division 3 of
Part 12 of the Act may appeal liability under the ticket to an arbitrator
(
a) within 30 days after the authority provided notice under
section 4 (4) of this regulation of the authority's decision, or
(
b) if the arbitrator is satisfied that, due to extenuating circumstances, the person was not reasonably able within that 30 day period to appeal liability under the ticket, within any longer period that the arbitrator may, in writing, specify.
(2) A request under subsection (1) (
b) for an extension of time within which to appeal liability under a ticket must
(
a) set out the reason why the person was unable to provide a notice of appeal within the 30 day period referred to in subsection (1) (a), and
(
b) be provided to the authority by
(
i) mailing the request to the head office of the authority, or
(ii) providing the request electronically in the manner set out on the authority's website.
(3) Promptly after receiving a request referred to in subsection (2), the authority must provide the request to the arbitrator.
(4) Within 14 days after receiving a request under subsection (3), the arbitrator must provide notice to the appellant and the authority as to whether an extension of time within which to appeal liability under the ticket has been granted and, if an extension is granted, indicate the date before which the notice of appeal must be provided to the authority.
Additional grounds for appeal
6 For the purpose of
section 253 (
c) of the Act, a person may appeal liability under a ticket on the ground that relevant information was not submitted in the dispute procedure.
Appeal process
(1) To appeal liability under a ticket, the person to whom the ticket was issued must, within the appeal period referred to in
section 5 (1), provide to the authority, in accordance with subsection (2) of this section, a notice of appeal
(
a) identifying on which of the grounds set out in
section 253 of the Act or
section 6 of this regulation the person is basing the appeal, and
(
b) providing any information relevant to the appeal.
(2) A notice of appeal under subsection (1) must be provided to the authority by
(
a) mailing it to the head office of the authority, or
(
b) providing it electronically in the manner set out on the authority's website.
(3) Promptly after receiving a notice of appeal under subsection (2), the authority must provide the notice of appeal to the arbitrator who has the earliest availability.
(4) An arbitrator to whom a notice of appeal is provided under subsection (3) may request from the appellant or the authority any additional records or information that the arbitrator considers appropriate and may, in his or her sole discretion, authorize the appellant and the authority to provide the additional records or information to the arbitrator in one or more of the following manners:
(
a) in person;
(
b) in writing;
(
c) electronically.
(5) After receiving a notice of appeal under subsection (3), the arbitrator must
(
a) confirm or cancel the ticket, and
(
b) provide, in accordance with subsection (6), to
(
i) the person who submitted the notice of appeal, and
(ii) the authority
notice of that decision and the basis on which it was made.
(6) A notice of decision under subsection (5) must be provided to the person who submitted the notice of appeal by
(
a) mailing the notice of decision to the postal address provided for that person in the notice of appeal, or
(
b) e-mailing the notice of decision to the email address provided for that person in the notice of appeal.
Cancellation of tickets
8 If a ticket is cancelled under
section 4 or 7 and some or all of the ticketed amount of the ticket has been paid to the authority, the authority must refund the amount paid.
Payment of fare
9 For the purposes of
section 244 (1) (
a) of the Act, a person may satisfy the requirement to pay the fare required by the tariff in any of the following manners:
(
a) if a pass has been issued to the person and that pass is valid for application to the fare,
(
i) if a device that can record the use of the pass has been installed or made available by the authority or a related party for the fare paid zone or transit vehicle, by using the pass in such a way that
(
A) its use is recorded by the device, and
(
B) if the pass is a payment card, the unpaid portion, if any, of the fare is debited from the pass, or
(ii) if there is no such device installed or made available by the authority or a related party for the fare paid zone or transit vehicle but there is a transit employee at the person's entry point to the fare paid zone or transit vehicle, by presenting that pass to that transit employee for inspection;
(
b) if, under the tariff, another form of payment is authorized,
(
i) if a device that can recognize that form of payment has been installed or made available for the fare paid zone or transit vehicle by the authority or a related party, by using that form of payment in such a way that
(
A) its use is recorded by the device, and
(
B) if applicable, the unpaid portion, if any, of the fare is debited from the form of payment, or
(ii) if there is no such device installed or made available by the authority or a related party for the fare paid zone or transit vehicle but there is a transit employee at the person's entry point to the fare paid zone or transit vehicle, by presenting that form of payment to that transit employee for inspection.
Proof of payment
10 To comply with
section 244 (1) (
b) of the Act in relation to a fare, a person must
(
a) obtain and retain any receipt issued by the authority or a related party for the payment of that fare,
(
b) if a pass that is valid for application to the fare is used, retain the pass, or
(
c) if under the tariff another form of payment is authorized and that other form of payment is used, retain that form of payment and obtain and retain
(
i) any receipt issued by the authority or a related party, and
(ii) any record in the person's power or control, whether in electronic form or otherwise, that confirms that the form of payment was used in payment of the fare.
Schedule 1
South Coast British Columbia Transportation Authority Act
Provision
Contravention
Fine
section 244 (1) (
a) Fare evasion
$173
section 244 (2)
Failure to produce
$173
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