Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

2003 Legislative Session: 4th Session, 37th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 20th day of

October, 2003

Ian D. Izard, Law Clerk

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 65 – 2003

LOCAL GOVERNMENT BYLAW

NOTICE ENFORCEMENT ACT

Contents

Section

Part 1 — Introductory Provisions

Definitions

Application of Act

Application of Young Offenders (British Columbia) Act

Part 2 — Enforcement of Bylaws By Bylaw Notice

Bylaw notice

Limitation period for bylaw notice

Amount of penalty for bylaw notice

Delivery of bylaw notice

Options on receipt of bylaw notice

If a person does not take an action under

section 8

Screening officer

Compliance agreements

Effect of compliance agreement

Requiring dispute adjudication

Part 3 — Bylaw Notice Dispute Adjudication

Local government dispute adjudication system

Dispute adjudicators

Limitation on jurisdiction of adjudicator

Conflict of interest

Adjudication procedures

Hearings must be open to the public

Evidence

Adjudicator determination

Final determination by adjudicator

Cost and administration of dispute adjudication system

Part 4 — Collection of Bylaw Notice Penalties

Notice required if no response to bylaw notice

If original bylaw notice not received

Amounts owing enforced as Provincial Court judgment

Part 5 — General

Offence Act

Power to make regulations

Phasing in of this Act

30-39

Consequential and Related Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 — Introductory Provisions

Definitions

1 In this Act:

"adjudicator" means a person appointed under

section

15 [dispute adjudicators] for a dispute;

"bylaw enforcement officer" means a person in a class prescribed under

section 280 (

c) of the Local Government Act or

section 482.3 (

b) of the Vancouver Charter who is designated by a local government as a bylaw enforcement officer;

"bylaw notice" means a notice under

section 4 [bylaw

notice] ;

"compliance agreement" means a compliance agreement

that a screening officer may be authorized to enter into by a bylaw under

section

2 (3) (b) [application of Act] ;

"local government" means the council of a municipality, the board of a regional district and a prescribed body;

"screening officer" means a person in a class designated

by bylaw under

section 2 (3) (b) [application of Act] and appointed as

a screening officer by a local government;

"vehicle" has the same meaning as in the Motor

Vehicle Act .

Application of Act

(1) This Act applies in relation to a local

government only if the Lieutenant Governor in Council has enacted a regulation

under

section 29 [phasing in of this Act] applying it to the local government.

(2) A local government may deal with the contravention of a bylaw by bylaw notice in accordance with this Act if the local government, by bylaw,

(

a) subject to

section 4 [bylaw notice] , designates

bylaw contraventions that may be dealt with by bylaw notice,

(

b) subject to

section 6 [amount of penalty for bylaw

notice] , establishes the amount of the penalty for a contravention referred

to in paragraph (a),

(

c) subject to

section 8 (2) [options on receipt of

bylaw notice] , establishes the period for paying or disputing a bylaw notice,

and

(

d) subject to

Part 3 [Bylaw Notice Dispute Adjudication] ,

establishes a bylaw notice dispute adjudication system to resolve disputes in

relation to bylaw notices.

(3) A local government that enforces bylaws by bylaw notice may, by bylaw,

(

a) establish a position of screening officer,

(

b) designate classes of persons that may be appointed

as screening officers and, subject to

section 10 [screening officer] ,

specify the powers, duties and functions of a screening officer, which may include,

but need not be limited to, the power to enter into compliance agreements with

persons who dispute bylaw notices,

(

c) if the powers, duties and functions of a screening officer include the power to enter into compliance agreements,

(

i) specify bylaw contraventions in relation to which a screening officer may enter into a compliance agreement, and

(ii) establish the maximum duration of compliance agreements,

(

d) if the powers, duties and functions of a screening officer in relation to compliance agreements include authority to provide for payment of a reduced amount of the penalty specified in a bylaw notice, establish a means of calculating the amount of the reduction, which may be different in relation to different contraventions, and

(

e) establish fees or a

schedule of fees for the purposes

section 23 (2) [cost and administration of dispute adjudication system] .

(4) Anything that a local government is authorized to do under this Act may be done jointly by two or more local governments by agreement adopted by a bylaw of each local government that is a party to it.

(5) An agreement under subsection (4) may provide for any matter necessary for enforcement of bylaws by bylaw notice under this Act, including but not limited to the following:

(

a) cost sharing and joint administration of a local government bylaw notice dispute adjudication system;

(

b) joint designations of bylaw enforcement officers or screening officers.

Application of Young Offenders

(British Columbia) Act

3 Despite sections 3 and 4 (3) of the Young

Offenders (British Columbia) Act , that Act does not apply in respect of

a bylaw notice issued, or an adjudication held, under the authority of a bylaw

under this Act.

Part 2 — Enforcement of Bylaws By

Bylaw Notice

Bylaw notice

(1) Subject to the regulations, a local government may designate bylaw contraventions which may be dealt with by bylaw notice under this Act.

(2) If a matter is prescribed by regulation as only enforceable by bylaw notice, a local government bylaw in relation to the matter may only be enforced by bylaw notice.

(3) If a contravention of a local government bylaw may be dealt with by bylaw notice, a bylaw enforcement officer may complete and issue a bylaw notice to a person against whom the contravention is alleged.

(4) A bylaw notice must contain all the following information:

(

a) particulars of the alleged contravention of the bylaw in sufficient detail that a recipient of the notice would be able to identify the bylaw and the contravention alleged;

(

b) the amount of the penalty that the recipient is liable to pay in respect of the contravention, the amount of a discount for early payment of the penalty, the amount of a surcharge for late payment of the penalty and the consequences of failing to respond to the bylaw notice;

(

c) methods of paying the penalty;

(

d) how to dispute the allegation in the notice;

(

e) information required under the regulations.

(5) A bylaw notice may be completed, issued and stored

(

a) in electronic format by electronic means, or

(

b) by another means

that allows the bylaw notice to be reproduced in intelligible form.

(6) Despite any rule of law, custom or practice to the contrary, a bylaw notice is not invalid by reason only that it is not signed by the bylaw officer that issues it or endorsed by any person.

(7) A bylaw notice must be issued to a named person unless it is issued in respect of a contravention involving a vehicle, in which case it may be issued to

(

a) the vehicle's licence plate, or

(

b) the vehicle's identification number, temporary operation

permit or interim permit under the Motor Vehicle Act .

(8) If a bylaw notice is issued under subsection (7) (

a) or (b), the notice is deemed to have been issued to each registered owner of the vehicle as contained in the records of

(

a) the government, or

(

b) a person responsible for maintaining records of vehicle registrations in British Columbia or in another province of Canada.

Limitation period for bylaw notice

5 A bylaw notice may not be issued more than 6 months after the contravention in respect of which it is issued is alleged to have occurred.

Amount of penalty for bylaw notice

(1) Subject to subsection (3), a local government must establish the amount of the penalty payable for a bylaw contravention that may be dealt with by bylaw notice.

(2) A bylaw adopted for the purposes of subsection (1) may specify

(

a) a discount for payment of the penalty on or before

the last day of the period established for the purposes of

section 8 (1) [options

on receipt of bylaw notice] , and

(

b) a surcharge for payment of the penalty within a specified period following the date the penalty becomes due and payable.

(3) A penalty under this

section may not exceed $500.

Delivery of bylaw notice

(1) A bylaw notice may be delivered

(

a) in person to the named person,

(

b) by mailing a copy of the bylaw notice,

(

i) if the bylaw notice is in respect of a contravention involving a vehicle, to the address for each registered owner of the vehicle involved as contained in the records of

(

A) the government, or

(

B) a person responsible for maintaining records of vehicle registrations in British Columbia or in another province of Canada,

(ii) to the actual or last known address of the named person, or

(iii) if the named person is a corporation or a business, to the registered office or head office as contained in the records of the Registrar of Companies,

(

c) if the bylaw notice is in respect of a parking contravention, by leaving the bylaw notice on the vehicle involved, and

(

d) in a manner prescribed by regulation.

(2) A bylaw notice delivered under subsection (1) (

b) is presumed to have been received by the person to whom it is addressed on the 7th day after mailing.

(3) A bylaw notice delivered under subsection (1) (

c) is presumed to have been received by each registered owner of the vehicle, as contained in the applicable records described under subsection (1) (b) (i), on the day it is left.

(4) A notice delivered under subsection (1) (

d) is presumed to have been received within the prescribed period.

Options on receipt of bylaw notice

(1) A person who receives a bylaw notice must, within the period established by bylaw,

(

a) pay the penalty in accordance with the bylaw notice, or

(

b) request dispute adjudication in respect of the allegation made in the bylaw notice in accordance with the instructions on the bylaw notice.

(2) The period under subsection (1) must not be less

than 14 days after the date on which the person received or is presumed to have

received the bylaw notice under

section 7 [delivery of bylaw notice] .

If a person does not take an

action under

section 8

(1) Subject to sections 24 [notice required

if no response to bylaw notice] and 25 (1) [if original bylaw notice

not received] , if a person who receives or is presumed to have received

a bylaw notice does not comply with

section 8 [options on receipt of bylaw

notice] , the penalty set out in the bylaw notice is immediately due and

payable by the person to the local government indicated on the bylaw notice.

(2) Subject to sections 24 and 25 (1), if a bylaw notice has been issued to a vehicle licence plate and

section 8 is not complied with in respect of the notice, the penalty set out in the bylaw notice is immediately due and payable to the local government indicated on the bylaw notice by each registered owner of the vehicle who receives or is presumed to have received the bylaw notice, but in no case may the local government collect more than the penalty set out in the bylaw notice and any authorized surcharge.

(3) Subject to

section 24, an amount due and payable

under subsection (1) or (2) may be recovered in accordance with

Part 4 [Collection

of Bylaw Notice Penalties] .

Screening officer

(1) If a local government establishes a screening officer position and appoints a screening officer, a bylaw notice issued to enforce a bylaw of the local government must be reviewed by the screening officer before a dispute adjudication in respect of the bylaw notice may be scheduled.

(2) A screening officer, after reviewing a bylaw notice, may

(

a) cancel the notice if, in the screening officer's opinion,

(

i) the contravention did not occur as alleged,

(ii) the bylaw notice does not comply with

section 4

(4) [bylaw notice – required information] , or

(iii) a ground for cancellation authorized by the local government is satisfied,

(

b) confirm the bylaw notice and refer it to an adjudicator unless the request for dispute adjudication is withdrawn, or

(

c) if authorized by bylaw, enter into a compliance agreement with the person.

Compliance agreements

(1) A person who enters into a compliance agreement with a screening officer is conclusively deemed to have accepted liability for the contravention as alleged in the bylaw notice.

(2) A compliance agreement must set out the amount of

any reduction authorized by a bylaw under

section 2 (3) (d) [application

necessary or advisable.

(3) A local government that authorizes compliance agreements

must establish the maximum duration of compliance agreements by bylaw under

section 2 (3) (c) [application of Act] .

Effect of compliance agreement

(1) If a person who has received a bylaw notice

(

a) enters into a compliance agreement with a screening officer in respect of the contravention alleged in the notice, and

(

b) observes or performs all the terms of the compliance agreement,

the amount of the penalty set out in the bylaw notice is deemed to have been paid.

(2) If, in the opinion of the screening officer, a person who has entered into a compliance agreement breaches a term of the agreement or otherwise fails to observe or perform the terms of the compliance agreement, the screening officer may rescind the agreement.

Requiring dispute adjudication

(2) If a person referred to in subsection (1) does not require dispute adjudication before the expiration of the period specified in that subsection, the penalty set out in the bylaw notice is

(

a) subject to the regulations, immediately due and payable to the local government indicated on the bylaw notice, and

(

b) recoverable in accordance with

Part 4 [Collection

of Bylaw Notice Penalties] .

Part 3 — Bylaw Notice Dispute Adjudication

Local government dispute adjudication

system

14 A local government may establish a bylaw notice dispute adjudication system, in accordance with this Part, that provides for the hearing and determination of disputes in respect of whether

(

a) the contravention alleged in a bylaw notice occurred as alleged, or

Dispute adjudicators

(1) If one or more local governments establish a dispute adjudication system under

section 14, the deputy attorney general must appoint one or more adjudicators to determine the disputes, each of whom

(

a) must

(

i) have the prescribed qualifications, and

(ii) take an oath in the prescribed form, and

(

b) must not

(

i) be an employee of a local government, or

(ii) hold an elected office in a local government.

(2) One or more rosters of adjudicators appointed under subsection (1) must be established for the purpose of selecting adjudicators to hear disputes in respect of bylaw notices.

(3) Rosters may be established

(

a) for the Province generally, and

(

b) for one or more local governments.

(4) An adjudicator for a dispute must be selected

(

a) from a roster, and

(

b) in the prescribed manner.

(5) In addition to determining disputes, an adjudicator may exercise the powers and perform the duties and functions assigned to adjudicators under this Act.

Limitation on jurisdiction of

adjudicator

16 Whether or not the matter arises in the course of hearing and determining a dispute in respect of a bylaw notice or a compliance agreement, an adjudicator may not decide any of the following:

(

a) a matter involving the Canadian Charter of Rights

and Freedoms ;

(

b) a matter for which notice under

section 8 of the Constitutional Question Act is required;

(

c) a matter involving a determination of aboriginal or treaty rights or claims;

(

d) a challenge to the validity of the bylaw that is alleged to have been contravened;

(

e) a prescribed matter.

Conflict of interest

17 An adjudicator may not hear a dispute if the adjudicator has or is reasonably apprehended to have a bias or an interest in relation to the outcome of the dispute.

Adjudication procedures

(1) Before making a determination in a dispute, an adjudicator must provide the parties to the dispute with an opportunity to be heard.

(2) For the purposes of subsection (1), a party may be heard, at the election of the party,

(

a) in person or by an agent,

(

b) in writing, including by facsimile transmission or electronic mail, or

(

c) by video conference, audio conference, telephone or other electronic means, if available.

(3) If a person who has requested or required dispute adjudication elects to be heard in a manner set out in subsection (2) (c), the person must pay the local government the amount by which the local government's adjudication cost is increased because of the manner of hearing.

(4) If a person who has requested or required dispute adjudication is not heard by an adjudicator because the person fails to appear, the adjudicator must order that the penalty set out in the bylaw notice is

(

a) subject to the regulations, immediately due and payable by the person to the local government indicated on the bylaw notice, and

(

b) recoverable by the local government in accordance

with

Part 4 [Collection of Bylaw Notice Penalties] .

(5) Subject to the regulations, an adjudicator may

(

a) adjourn a hearing, and

(

b) adopt procedures that are conducive to justly and expeditiously determining a dispute.

Hearings must be open to the

public

(1) A dispute adjudication must be open to the public unless the determination is to be based on written materials.

(2) If a determination is based on written materials, the local government must make those materials available to the public.

(3) Public access to an oral hearing or to the materials submitted for an adjudication in writing may be provided by the local government in any reasonable manner, which may include by electronic means.

Evidence

(1) In a dispute,

(

a) the technical and legal rules of evidence do not apply, except the rules relating to privileged communications, and

(

b) an adjudicator may accept any evidence the adjudicator considers to be credible, trustworthy and relevant to the dispute, including the evidence of any person.

(2) An adjudicator may accept evidence in any manner the adjudicator considers appropriate including, without limitation, any of the following manners:

(

a) orally;

(

b) in writing;

(

c) electronically.

Adjudicator determination

(1) The standard of proof for resolving a dispute

referred to in

section 14 [local government dispute adjudication system]

is proof on a balance of probabilities.

(2) If, after the hearing required under

section 18 [adjudication

procedures] in respect of a dispute referred to in

section 14 (a) [local

government dispute adjudication system] , the adjudicator is satisfied that

the contravention alleged in the bylaw notice occurred as alleged, the adjudicator

must order that the penalty set out in the notice is immediately due and payable

to the local government indicated on the bylaw notice by the person to whom

it was issued or deemed issued.

(3) If, after the hearing required under

section 18 in respect of a dispute referred to in

section 14 (a), the adjudicator is satisfied that the contravention alleged in the bylaw notice did not occur as alleged, the adjudicator must cancel the bylaw notice.

(4) If, after the hearing required under

section 18 in respect of a dispute referred to in

section 14 (b), the adjudicator is satisfied that the person did not observe or perform, as applicable, the terms of the compliance agreement, the adjudicator must order that the penalty set out in the bylaw notice is immediately due and payable by the person to the local government indicated on the notice.

(5) If, after the hearing required under

section 18 in respect of a dispute referred to in

section 14 (b), the adjudicator is satisfied that the person observed or performed, as applicable, the terms of the compliance agreement, the adjudicator must order that the penalty set out in the bylaw notice in respect of which the compliance agreement was entered into is conclusively deemed to have been paid.

(6) An amount ordered as due and payable to a local government

under this

section and a fee imposed under

section 23 (2) [cost and administration

of dispute adjudication system] are recoverable by the local government

in accordance with

Part 4 [Collection of Bylaw Notice Penalties] .

Final determination by adjudicator

(1) The determination of an adjudicator under

section 21 [adjudicator decision] is final and conclusive, and is not

open

(

a) to review in a court except on a question of law or lack of jurisdiction, or

(

b) to appeal to any body.

(2) An application under the Judicial Review Procedure Act in respect of the determination of an adjudicator under this Act must be brought within 30 days after the determination is made.

Cost and administration of dispute

adjudication system

(1) A local government that establishes a bylaw notice dispute adjudication system is responsible for

(

a) the administrative work of the dispute adjudication system,

(

b) the administrative costs of the dispute adjudication system,

(

c) the remuneration and expenses of adjudicators at the prescribed rates, and

(

d) subject to the regulations, the cost of administering a roster of adjudicators.

(2) A local government may provide for a fee of not more than $25 payable by a person who is unsuccessful in a dispute adjudication, in relation to a bylaw notice or a compliance agreement, for the purpose of recovering the costs of the adjudication system.

Part 4 — Collection of Bylaw Notice

Penalties

Notice required if no response

to bylaw notice

(1) If, at the end of the period established

for the purposes of

section 8 (1) [options on receipt of bylaw notice] ,

a person to whom a bylaw notice was delivered in any other manner than in person

has not responded to the bylaw notice, the local government must deliver a notice

to the person indicating the amount owing under the bylaw notice and how and

where payment may be made.

(2) A notice under subsection (1) must be delivered in

a manner authorized under

section 7 [delivery of bylaw notice] , with

the exception of the manner authorized under

section 7 (1) (c).

(3) Collection procedures under

section 26 [amounts

owing enforced as Provincial Court judgment] may not be started until 28

days after the date a notice under subsection (1) is received or presumed received

under

section 7 (2) or (4) [delivery of bylaw notice] .

If original bylaw notice not

received

(1) If a person to whom a notice is sent under

section 24 (1) [notice required if no response to bylaw notice] advises

the local government within 21 days after the date the notice is received or

presumed received under

section 7 [delivery of bylaw notice] that the

bylaw notice was not received,

(

a) the debt that arose under

section 9 [if a person

does not take an action under

section 8] is cancelled, and

(

b) the local government must reissue and deliver the

bylaw notice to the person in a manner authorized under

section 7 [delivery

of bylaw notice] , with the exception of the manner authorized under

section

7 (1) (c).

(2) If a person to whom a copy of a bylaw notice is delivered

under subsection (1) does not take an action under

section 8 (1) [options

on receipt of bylaw notice] , within the period established for the purposes

of that section, the penalty set out in the bylaw notice is, subject to the

regulations, immediately due and payable by the person to the local government

indicated on the bylaw notice and may be recovered in accordance with this Part.

Amounts owing enforced as Provincial

Court judgment

(1) An amount due and payable to a local government under this Act may be recovered by filing a certificate in the prescribed form in the Provincial Court.

(2) A certificate under subsection (1) that is in respect of an amount that has been owed to the local government for more than 2 years before the date of the certificate may not be filed under this section.

(3) A certificate under this

section must be signed by the local government officer assigned responsibility under

section 198 of the Local Government Act or a delegate of that person, and must include all the following information:

(

a) the details of the bylaw notice, including the date and place of the contravention;

(

b) the total amount owing in respect of the bylaw notice and, separately, the amount of the penalty, any surcharges that apply and any amount payable under

section 23 (2);

(

c) the name of the person who is required to pay the penalty;

(

d) the date that the penalty became due and payable;

(

e) whether the amount outstanding is payable because of

(

i) a determination under

section 21 (2) or (4) [adjudicator

decision] , or

(ii) a default referred to in

section 9 (1) or (2) [if

a person does not take an action under

section 8] , 13 (2) [requiring

dispute adjudication] , 18 (4) [adjudication procedures] or 25

(2) [if original bylaw notice not received] .

(4) Subject to the regulations, a certificate filed under subsection (1) is of the same effect, and proceedings may be taken on it, as if it were a judgment of the Provincial Court for the recovery of a debt in the amount stated against the person named.

(5) A certificate under subsection (1)

(

a) is admissible in any proceedings to recover the certified debt without proof of the signature or official position of the person appearing to have signed the certificate, and

(

b) is proof of the certified facts.

Part 5 — General

Offence Act

27 The Offence Act does not apply in respect of a bylaw contravention if a bylaw notice is issued in respect of the contravention.

Power to make regulations

(1) The Lieutenant Governor in Council may

make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing that contraventions of bylaws that are

in relation to specified matters may not be designated by a local government

bylaw under

section 4 (1) [bylaw notice] ;

(

b) prescribing matters for the purpose of

section 4

(2) [bylaw notice] ;

(

c) prescribing information that must be included in a bylaw notice;

(

d) prescribing a limit on the amount of a surcharge

under

section 6 (2) (b) [amount of penalty for bylaw notice] ;

(

e) prescribing for the purpose of

section 7 (1) (d)

[delivery of bylaw notice] another manner of delivering bylaw notices

and prescribing when notices delivered in that manner are presumed to be delivered;

(

f) prescribing the qualifications that a person must have to be eligible for appointment as an adjudicator;

(

g) respecting the appointment of adjudicators;

(

h) establishing an oath of office for adjudicators;

(

i) establishing the rate of remuneration for adjudicators;

(

j) establishing a

schedule of expenses that may be paid to adjudicators;

(

k) establishing procedures

(

i) for maintaining a roster of adjudicators, and

(ii) selecting adjudicators from a roster;

(

l) prescribing procedures that an adjudicator must follow;

(

m) prescribing matters for the purposes of

section 16

(e) [limitation on jurisdiction of adjudicator] ;

(

n) prescribing a form of certificate for the purpose

section 26 (1) [amounts owing enforced as Provincial Court judgment] ;

(

o) prescribing that a justice, on application, may suspend for a specified period or cancel a certificate filed under

section 26 (1) in respect of a default referred to in

section 26 (3) (e) (ii), including prescribing the procedures and grounds for a suspension or a cancellation and the consequences of a suspension or cancellation;

(

p) prescribing that despite

section 13 (2) [requiring

dispute adjudication ], 18 (4) [adjudication procedures] or 25

(2) [if original bylaw notice not received] , in prescribed circumstances,

using prescribed procedures and whether or not a certificate has been filed

under

section 26 (1) [amounts owing enforced as Provincial Court judgment] ,

a local government must

(

i) schedule an adjudication or reissue a bylaw notice, and

(ii) cancel the debt that arose under

section 13 (2), 18 (4) or 25 (2);

(

q) assigning powers, duties and functions to adjudicators.

(3) In making regulations under this Act, the Lieutenant Governor in Council may delegate a matter to a person or organization, including the maintenance of rosters of adjudicators.

Phasing in of this Act

29 Without limiting

section 28 (1) [power to

make regulations] , the Lieutenant Governor in Council may make regulations

(

a) specifying local governments in relation to which this Act applies, and

(

b) applying this Act to different local governments at different times.

Consequential and Related Amendments

Community Charter

Section 260 of the Community Charter, S.B.C. 2003, is amended

(

a) in subsection (2) by striking out "Without limiting"

and substituting "Subject to subsection (5), without limiting" ,

(

b) in subsection (2) by adding the following paragraph:

(b.1) subject to the regulations under the Local Government

Bylaw Notice Enforcement Act , proceeding by bylaw notice under that Act;

, and

(

c) by adding the following subsection:

(5) If a matter is prescribed for the purpose of

section

4 (2) of the Local Government Bylaw Notice Enforcement Act , a council

that adopts or has adopted a bylaw in relation to the matter may only enforce

the bylaw by bylaw notice under that Act.

31 The following

section is added to Division 2 of

Part 8:

Additional sentencing powers in relation to Offence Act prosecutions

263.1

(1) If a person is convicted of an offence

(

a) under subsection (3), or

(

b) against a municipal bylaw in a prosecution commenced

by an information in Form 2 under the Offence Act ,

in addition to the penalty under subsection (3) or established in accordance with

section 261, the court, having regard to the nature of the offence and the circumstances surrounding its commission, may make an order

(

c) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(

d) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2) An order under subsection (1) must specify the duration of the order, which may not exceed one year.

(3) A person who fails to comply with an order under subsection (1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or both.

(4) For the purposes of

section 43 (3) of the Provincial

Court Act , a fine imposed in a prosecution for an offence under subsection

(3) is deemed to be a fine imposed for the contravention of a bylaw of the municipality.

(5) If a person is convicted of an offence referred to in subsection (1) (

a) or (b), on application by the municipality or another person for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(

a) to pay to the municipality or to the other person compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by the municipality or other person because of the commission of the offence, and

(

b) in accordance with the

schedule of costs prescribed

under

section 132 (2) (

h) of the Offence Act , to pay to the municipality

the costs incurred by the municipality in investigating and prosecuting the

person.

(6) In the case of a dispute, the amount of compensation payable under subsection (5) (

a) must be proven on a balance of probabilities by the municipality or the other person.

(7) An order under subsection (5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Local Government Act

32 The Local Government Act, R.S.B.C. 1996, c. 323, is amended

by adding the following sections:

Application of the Local Government Bylaw Notice Enforcement Act

266.2

(1) Subject to the regulations under the

Local Government Bylaw Notice Enforcement Act , a municipal bylaw

may be enforced by bylaw notice under and in accordance with that Act.

(2) If a matter is prescribed for the purpose of

section

4 (2) of the Local Government Bylaw Notice Enforcement Act , a council

that adopts or has adopted a bylaw in relation to the matter may only enforce

the bylaw by bylaw notice under that Act.

Additional sentencing powers in relation to Offence Act prosecutions

267.1

(1) If a person is convicted of an offence

(

a) under subsection (3), or

(

b) against a municipal bylaw in a prosecution commenced

by an information in Form 2 under the Offence Act ,

in addition to the penalty established in accordance with

section 266, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(

c) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(

d) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2) An order under subsection (1) must specify the duration of the order, which may not exceed one year.

(3) A person who fails to comply with an order under subsection (1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or both.

(4) For the purposes of

section 43 (3) of the Provincial

Court Act , a fine imposed in a prosecution for an offence under subsection

(3) is deemed to be a fine imposed for the contravention of a bylaw of the municipality.

(5) If a person is convicted of an offence referred to in subsection (1) (

a) or (b), on application by the municipality or another person for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(

a) to pay to the municipality or to the other person

compensation, in an amount that is not more than the monetary limit specified

under the Small Claims Act , for any damage or loss sustained by the municipality

or other person because of the commission of the offence, and

(

b) in accordance with the

schedule of costs prescribed

under

section 132 (2) (

h) of the Offence Act , to pay to the municipality

the costs incurred by the municipality in investigating and prosecuting the

person.

(6) In the case of a dispute, the amount of compensation payable under subsection (5) (

a) must be proven on a balance of probabilities by the municipality or the other person.

(7) An order under subsection (5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Section 266.2 is amended

(

a) in subsection (1) by striking out "A municipal bylaw"

and substituting "A regional district bylaw" , and

(

b) in subsection (2) by striking out "a council" and

substituting "a board" .

Section 267.1 is amended

(

a) in subsection (1) (

b) by striking out "municipal"

and substituting "regional district" , and

(

b) in subsections (4) to (6) by striking out "municipality"

wherever it appears and substituting "regional district" .

Offence Act

Section 13 of the Offence Act, R.S.B.C. 1996, c. 338, is amended

by adding the following subsection:

(3) If a matter is prescribed for the purpose of

section

4 (2) of the Local Government Bylaw Notice Enforcement Act , no proceeding

may be commenced by an information, including a violation ticket, under this

Act in respect of the contravention of a local government or City of Vancouver

bylaw made in relation to the matter.

Section 132 (2) is amended

(

a) by adding the following paragraph:

(

h) prescribing a

schedule of costs for the purposes

section 267.1 (5) (

b) of the Local Government Act and

section 333C

(5) (

b) of the Vancouver Charter . , and

(

b) by repealing paragraph (

h) and substituting the following:

(

h) prescribing a

schedule of costs for the purposes

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 .

Vancouver Charter

37 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding

the following sections:

Enforcement of bylaws

333B.

(1) Subject to subsection (2), without limiting the available remedies, the authority of the Council to deal with a contravention of a bylaw includes the following:

(

a) prosecution of the offence in accordance with the

Offence Act ;

(

b) proceedings under sections 482 to 482.3 of this Act;

(

c) subject to the regulations under the Local Government

Bylaw Notice Enforcement Act , proceeding by bylaw notice under that

Act;

(

d) civil proceedings authorized under this Act.

(2) If a matter is prescribed for the purpose of

section 4 (2) of the Local Government Bylaw Notice Enforcement Act and Council adopts or has adopted a bylaw in relation to the matter, Council may only enforce the bylaw by bylaw notice under that Act.

Additional sentencing powers in relation to Offence Act prosecutions

333C.

(1) If a person is convicted of an offence

(

a) under subsection (3), or

(

b) against a city bylaw in a prosecution commenced by

an information in Form 2 under the Offence Act ,

in addition to the penalty established in accordance with

section 333, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(

c) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(

d) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2) An order under subsection (1) must specify the duration of the order, which may not exceed one year.

(3) A person who fails to comply with an order under subsection (1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or both.

(4) For the purposes of

section 43 (3) of the Provincial

Court Act , a fine imposed in a prosecution for an offence under subsection

(3) is deemed to be a fine imposed for the contravention of a bylaw of the city.

(5) If a person is convicted of an offence referred to in subsection (1) (

a) or (b), on application by the city or another person for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the convicted person

(

a) to pay to the city or to the other person compensation,

in an amount that is not more than the monetary limit specified under the Small

Claims Act , for any damage or loss sustained by the city or other person

because of the commission of the offence, and

(

b) in accordance with the

schedule of costs prescribed

under

section 132 (2) (

h) of the Offence Act , to pay to the city the

costs incurred by the local government in investigating and prosecuting the

person.

(6) In the case of a dispute, the amount of compensation payable under subsection (5) (

a) must be proven on a balance of probabilities by the city or the other person.

(7) An order under subsection (5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Amendments to this Act

Section 1 of the Local Government Bylaw Notice Enforcement

Act is amended by repealing the definition of "bylaw enforcement officer"

and substituting the following:

"bylaw enforcement officer" means a person in a

class prescribed under

section 273 (

c) of the Community Charter or

section

482.3 (

b) of the Vancouver Charter who is designated by a local government

as a bylaw enforcement officer; .

Section 26 (3) is amended by striking out "the local

government officer assigned responsibility under

section 198 of the Local

Government Act or a delegate of that person," and substituting "the

corporate officer or a delegate of the corporate officer," .

Commencement

40 This Act comes into force by regulation of the Lieutenant Governor in Council.

Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada