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"Point in Time" Regulation Content

South Coast British Columbia Transportation Authority Act

Fare Infraction Review Referral Regulation

B.C. Reg. 88/2013

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1.1 July 28, 2015
Section 2 November 28, 2013
Section 12 November 28, 2013
Form 1 November 28, 2013
Form 2 November 28, 2013
Form 3 November 28, 2013
Form 4 November 28, 2013
Form 6 November 28, 2013
Section 7 March 30, 2022
Section 15 March 6, 2024
Form 8 November 28, 2013
Form 9 March 6, 2024

 Section 1.1 was enacted by BC Reg 157/2015, effective July 28, 2015.

 Section 2 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

 Service on the authority

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

(a) leaving them with a receptionist at, or

(b) mailing them by registered mail to

the authority's head office at 287 Nelson's Court, New Westminster, BC, V3L 0E7.

 Section 12 (1) BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

(1)  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, 21 (2) and 22 of the Small Claims Rules apply to a dispute referred to in this regulation.

 Form 1 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

Form 1 (Section 2)

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 may 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: 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, item 1 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

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

 Form 3 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

Form 3 (Section 4)

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: 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, item 2 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

2 I have read the response to referral filed ........................[date of filing] and the facts set out in that referral for review are true.

 Form 6 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

Form 6 (Section 5)

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 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 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: .......................................

 Section 7 (b) (i) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(i) he or she 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

 Section 15 BEFORE repealed by BC Reg 55/2024, effective March 6, 2024.

Transitional proceedings

15   (1) In this section, "interim referral for review" means a document in Form 9.

(2) If, before the coming into force of this section, a disputant mailed an interim referral for review to the address shown at the bottom of that form within 30 days after receiving notice under section 256 (2) of the Act of the arbitrator's decision to which the interim referral for review applies,

(a) the interim referral for review and any affidavit submitted in support must be provided by the Violation Ticket Centre to the Vancouver Small Claims Registry, to the attention of the registrar of that court,

(b) unless an affidavit in support of the interim referral for review was submitted before October 16, 2013 to the address shown at the bottom of that form, the disputant must, on or before October 16, 2013, swear or affirm an affidavit in Form 2 and file that affidavit at the Vancouver Small Claims Registry,

(c) the registrar of the court must deliver to the authority a copy of the interim referral for review and the supporting affidavit by

(i) mailing them to the authority's head office at 287 Nelson's Court, New Westminster, BC, V3L 0E7, or

(ii) faxing them to a fax number provided by the authority for that purpose,

(d) in order to respond to the disputant's interim referral for review, the authority must, within 28 days after delivery under paragraph (c),

(i) file at the Vancouver Small Claims Registry

(A) a response to referral in Form 3, and

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

(ii) serve a copy of each of the filed documents on the disputant by

(A) mailing those copies to the address shown for the disputant on the interim referral for review, or

(B) leaving them with the disputant, and

(e) sections 5 to 14 of this regulation apply, and for that purpose,

(i) a reference in sections 5 to 14 and Forms 2 to 9 to a referral for review is deemed to be a reference to the interim referral for review,

(ii) a reference in Forms 2 and 3 to the date of filing of a referral for review is deemed to be the date the interim referral for review was received by the Violation Ticket Centre, and

(iii) a reference in sections 5 and 7 to "the 28 day period referred to in section 4" is deemed to be a reference to the 28 day period referred to in paragraph (d) of this section.

 Form 8 BEFORE amended by BC Reg 242/2013, effective November 28, 2013.

Form 8 (Section 9)

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
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 BEFORE repealed by BC Reg 55/2024, effective March 6, 2024.

Form 9 (Section 9)

REFERRAL FOR REVIEW

[South Coast British Columbia Transportation Authority Act]