Fines and penalties

333.   (1) Subject to subsection (2), the Council may make by-laws for the purposes of enforcing its by-laws, including establishing one or more of the following penalties to which a person convicted of an offence in a prosecution under the Offence Act is liable:

(a) a minimum fine;

(b) a maximum fine of up to $50 000;

(c) in the case of a continuing offence, for each day that the offence continues either or both of

(i) a minimum fine under paragraph (a), or

(ii) a maximum fine under paragraph (b);

(d) imprisonment for not more than 6 months.

(2) The Council may not impose a fine, imprisonment or other penalty under subsection (1) for the contravention of a provision of a by-law made under section 317 (1) or 318 (1) that regulates or fixes the rate of speed at which a person may drive or operate a vehicle on a street.

(3) If no other penalties are established in relation to an offence referred to in subsection (1), the penalties established by section 4 [general penalty] of the Offence Act apply.

(4) In a prosecution for an offence against a city by-law, the justice or court may impose all or part of the penalties applicable in relation to the offence, together with the costs of prosecution.

2009-22-84; 2020-1-13.

Repealed

333A.   [Repealed 1988-67-4.]

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 482.91 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.

2003-60-37; 2007-6-44.

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.

2003-60-37.

Civil proceedings by city

334.   (1) A by-law of the Council or of the Board of Parks and Recreation may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in a proceeding brought by the city or by the Board of Parks and Recreation, as the case may be.

(2) In addition,

(a) a by-law referred to in subsection (1) may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in an action brought by a registered owner of real property in the city, and

(b) a zoning by-law within the meaning of Part XXVII may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in an action brought by an incorporated society that represents registered owners of real property in the city who are affected by such a by-law.

(3) It is not necessary for the Provincial government, the Attorney General or an officer of the Provincial government to be party to an action or other proceeding under this section.

(4) This section applies without limiting the right to enforce any proprietary, contractual or other rights, and in addition to any other remedy provided or penalty that has been or may be imposed.

2006-3-28.

Powers of Justice of the Peace

335.   Every fine and penalty imposed under the authority of this Act may, unless other provision is specially made therefor, be recovered and enforced with costs on summary conviction before a Justice of the Peace.

1953-55-335; 2007-14-201.

City action at defaulter's expense

336.   (1) The Council's authority under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the city may

(a) fulfill the requirement at the expense of the person, and

(b) recover the costs incurred from that person as a debt due the city in any Court of competent jurisdiction.

(2) In respect of an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements, the city may

(a) if the person appears by the Collector's roll to be the owner, or owner under agreement, of a parcel of real property in respect of which the default occurs, and

(b) after certification by the Director of Finance,

direct that the amount of the expense be inserted in the real-property tax roll as a charge imposed with respect to such parcel.

(3) The Council may not exercise its authority under this section in relation to any other matter for which this or another Act specifically authorizes the city to take action at the defaulter's expense.

2023-16-33.

Delegation of power to board or tribunal

336A.   Council may by by-law or resolution empower any board or tribunal constituted under this Act, or any inspector, official, or other person, to order or direct any person

(a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions specified by such board or tribunal; or

(b) to carry out any work or do anything to bring any land or building into conformity with the by-law applicable thereto, or into conformity with any terms or conditions specified by any such board or tribunal.

1964-72-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Violation of by-law

336B.   (1) Whenever any such board or tribunal or any such inspector or official is empowered, pursuant to a by-law, to require any person by order, direction, or notice

(a) to discontinue or refrain from proceeding with any work or using or occupying any land or building or doing anything that is in contravention of any by-law or any terms or conditions specified by such board or tribunal; or

(b) to carry out any work or do anything necessary to bring any land or any building into conformity with the by-law applicable thereto or into conformity with any terms or conditions specified by any such board or tribunal,

the by-law may provide that failure on the part of the person to whom the order, direction, or notice is given to comply therewith within the time specified shall constitute a violation of the by-law.

(2) The onus would be on the prosecution to prove that any order given under section 336A was a lawful order.

1964-72-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).

Responsibility for by-law violation in building

336C.   Notwithstanding anything else contained in this Act, wherever Council has power to regulate buildings occupied as multiple dwellings or any person carrying on the business of renting accommodation therein, it may provide that the owner or person having actual control of such building shall, after reasonable notice thereof, be deemed to be responsible for any violation of any by-law passed pursuant to such power and shall be liable to the penalties provided therein.

1973-93-13.

Note on title about building that is unsafe or contravenes by-law

336D.   (1) Where, during the course of carrying out the City Building Inspector's duties, the City Building Inspector observes a condition, with respect to land or a building or structure, that the City Building Inspector considers

(a) to be a contravention of a by-law or regulation relating to the construction or safety of buildings or structures, or

(b) as a result of that condition, a building or structure is unsafe or is unlikely to be usable for its expected purpose during its normal lifetime, or

(c) the contravention is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against the purchaser

the City Building Inspector may, in addition to any other action that the City Building Inspector is authorized or permitted to take, recommend to Council that a resolution under subsection (2) be considered.

(2) A recommendation under subsection (1) shall be given to the City Clerk in writing and the City Clerk shall, after notifying the registered owner of the land with respect to which the recommendation relates, place the matter before the Council. After hearing the City Building Inspector and the owner, if the owner elects to be heard, the Council may confirm the recommendation of the City Building Inspector and may pass a resolution directing the City Clerk to file a notice in the land title office stating that

(a) a resolution relating to that land has been made under this section, and

(b) further information respecting it may be inspected at the offices of the City Clerk

and the City Clerk shall ensure that all records are available for that purpose.

(3) Where the Registrar of Land Titles receives a notice under subsection (2) the Registrar shall, on payment of the fees payable under the Land Title Act, make a note of the filing against the title to the land that is affected by the notice.

(4) The City Clerk shall, on receiving a report from a building inspector that the condition that gave rise to the filing of the notice under subsection (2) has been rectified, file a cancellation notice in the land title office, and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.

(5) In the event of any omission, mistake or misfeasance by the Registrar or the Registrar's employees in relation to the making of a note of the filing under subsection (3) after the notice is received by the land title office

(a) the Registrar is not liable and neither the Crown nor the Land Title and Survey Authority of British Columbia is liable vicariously,

(a.1) the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under Part 19.1 of the Land Title Act, and

(b) the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part 20 of the Land Title Act.

(6) An owner of land with respect to which a notice has been filed under this section may apply to the Council for a resolution that the note be cancelled, and the Council may, after considering the application, pass a resolution directing the City Clerk to file a cancellation notice.

(7) Where a resolution has been passed under subsection (6), the City Clerk shall file a cancellation notice in the land title office and the Registrar shall, on receiving the notice, cancel the note against the title to which it is related.

(8) Where the Council does not pass a resolution under subsection (6), the owner may apply to the Supreme Court and notify the city to attend before the Court to show cause why the note should not be cancelled, and the Court may, after reviewing any evidence that the owner and city may adduce, make an order directing the Registrar to cancel the note made under subsection (3) and the Registrar shall, on receiving the order, cancel the note accordingly.

(9) The note of a filing of a notice under this section is extinguished when a new title to the land issues in consequence of the deposit of a plan of subdivision or a strata plan.

1987-52-28; 2004-66-165; 2022-15-73,Sch 1; 2022-15-75,Sch 3; 2022-15-76,Sch 4.