425_2003 — Community Charter Bylaw Enforcement Ticket Regulation

s. 1 — Bylaws excluded from municipal ticketing authority

Bylaws in relation to the following matters are prescribed for the purposes of section 264 (1) (a) [exclusions from ticketing authority] of the Community Charter:

s. 1(a)

firearms;

s. 1(b)

motor vehicle speed limits.

s. 2 — Maximum fine amount

s. 2(1)

In this section, young person has the same meaning as in section 1 [definitions] of the Youth Justice Act.

s. 2(2)

The maximum amount of a fine under section 265 [penalties in relation to ticket offences] of the Community Charter is $3 000, unless subsection (3) applies.

s. 2(3)

The maximum amount of a fine under section 265 of the Community Charter is $1 000 if a young person is charged with an offence that is dealt with under Division 3 of Part 8 [Bylaw Enforcement and Related Measures] of that Act.

s. 3 — Bylaw enforcement officers

Persons acting as any of the following are prescribed as classes of persons who may be designated as bylaw enforcement officers under section 264 (1) (b) of the Community Charter:

s. 3(a)

provincial constables or special provincial constables within the meaning of the Police Act;

s. 3(a.1)

municipal constables or special municipal constables within the meaning of the Police Act;

s. 3(a.2)

designated constables within the meaning of the Police Act;

s. 3(b)

members, other than civilian members, of the Royal Canadian Mounted Police;

s. 3(c)

local government corporate officers;

s. 3(d)

bylaw enforcement officers under section 36 of the Police Act;

s. 3(e)

local assistants to the fire commissioner under section 6 of the Fire Services Act;

s. 3(f)

licensing inspectors, building inspectors, animal control officers or other persons acting in another capacity on behalf of a municipality, regional district or local trust committee for the purpose of enforcement of one or more of its bylaws.

s. 4 — Prescribed forms of tickets and their content

s. 4(1)

A ticket issued under section 264 [ticket offences] of the Community Charter must be in Form A or Form B.

s. 4(2)

The certificate of service to be printed on the reverse side of the ticket must be

s. 4(2)(a)

in Form A.1 with respect to a ticket in Form A, and

s. 4(2)(b)

in Form B.1 with respect to a ticket in Form B.

s. 4(3)

The instructions to be printed on the reverse side of the copy of the ticket given to the person alleged to have contravened a bylaw must be

s. 4(3)(a)

in Form A.2 with respect to a ticket in Form A, and

s. 4(3)(b)

in Form B.2 with respect to a ticket in Form B.

s. 4(4)

The notice of bylaw infraction must be in Form B.3.

s. 4(5)

The instructions to be printed on the reverse side of the notice of bylaw infraction must be in Form B.4.

s. 5 — Prescribed form of affidavit

An affidavit in support of an application to strike out a conviction and certificate of striking out of conviction must be in Form C.

Schedule

Forms A to C Form A [en. B.C. Reg. 239/2010.] Municipal Ticket Information Form A.1 [en. B.C. Reg. 141/2010.] Certificate of Service Form A.2 [en. B.C. Reg. 141/2010.] Municipal Ticket Information Form B [en. B.C. Reg. 141/2010.] Municipal Ticket Information Form B.1 [en. B.C. Reg. 141/2010.] Certificate of Service Form B.2 [en. B.C. Reg. 141/2010.] Municipal Ticket Information Form B.3 [en. B.C. Reg. 189/2007, Sch. 1, s. 2, updated Oct. 1, 2010.] Notice of Bylaw Infraction Form B.4 [en. B.C. Reg. 189/2007, Sch. 1, s. 2.] Notice of Bylaw Infraction Form C [en. B.C. Reg. 141/2010.] Affidavit in Support of an Application to Strike Out a Conviction