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Part XXII — Police Magistrates
474.1 In this Part
"justice" has the same meaning as in the Offence Act.
1989-30-51; 2014-19-171.
481. Notwithstanding anything to the contrary contained in this or any other Act, but subject to the Justice Administration Act and the Police Act, it is the duty of the city to bear the expense necessary to
(a) generally maintain law and order in the city;
(b) provide an office for the police department in the city and provide premises as a place of detention; and
(c) provide for the care and custody of persons held in those places of detention.
1974-64-58, proclaimed effective November 15, 1974; 1976-32-23A, proclaimed July 8, 1976, effective November 15, 1974; 1997-25-201; 1997-37-74.
482. The Council may, by by-law, provide that for a contravention of
(a) a by-law of the city respecting street traffic made under section 124 of the Motor Vehicle Act or section 317 of this Act; or
(b) any provision under section 324,
an information may be laid and a summons issued by means of a ticket in accordance with the procedure set out in section 14 of the Offence Act, R.S.B.C. 1979, c. 305, before its repeal and replacement by the Offence Amendment Act, 1982, and the provisions of that section apply with the necessary changes and so far as they are applicable to this section, and for that purpose
(c) a reference to the Lieutenant-Governor in Council shall be deemed to be a reference to the Council;
(d) a reference to the Province shall be deemed to be a reference to the city; and
(e) a reference to the regulations shall be deemed to be a reference to the by-laws.
1974-87-38; 1975-43-12; 1997-25-202.
482.1 (1) The Council or the Park Board may, by by-law,
(a) designate a by-law for the purpose of this section, other than a by-law in relation to a matter prescribed by regulation,
(b) designate as a by-law enforcement officer a person who comes within a class of persons prescribed by regulation, and
(c) authorize the use of any word or expression on a ticket issued under subsection (2) to designate an offence against a by-law.
(2) If a by-law is designated under subsection (1), a by-law enforcement officer may lay an information by means of a ticket for contravention of the by-law.
(3) Despite section 13 (1) of the Offence Act, an information laid by means of a ticket is valid whether or not it is taken under oath.
(a) any word or expression authorized by by-law under subsection (1) (c) to designate an offence against a by-law, or
(b) a general description of an offence against a by-law,
is deemed sufficient for all purposes to describe the offence designated by that word, expression or general description.
2007-6-47.
482.2 (1) A by-law may establish one or more of the following penalties in relation to an offence that is dealt with under sections 482.1 to 482.91:
(a) a fine not greater than the amount prescribed by regulation;
(b) in the case of a continuing offence, for each day that the offence continues, a fine not greater than the amount prescribed by regulation.
(2) In addition but subject to subsection (1), the by-law may establish different fine amounts that apply depending on whether the amount
(a) is paid on or before the thirtieth day from the date on which the ticket is served under section 482.3, or
(b) is paid after the day referred to in paragraph (a).
2007-6-47; 2021-30-56,Sch 2.
482.3 (1) When laying an information by means of a ticket, a by-law enforcement officer must indicate on the ticket the offence charged and must sign the ticket.
(2) The by-law enforcement officer must serve the ticket on the person alleged to have contravened the by-law.
(3) Service of a ticket under subsection (2) may be effected by
(a) serving a copy of the ticket on the person alleged to have contravened the by-law immediately after the alleged contravention, or
(b) causing a copy of the ticket to be served in the same manner as a summons may be served under the Offence Act.
(4) Service of a ticket under subsection (2) may be proved by
(a) the oral evidence given under oath of the person who served it, or
(b) the certificate of the person who served the ticket, if the certificate is endorsed on the ticket or a copy of the ticket.
(5) The certificate referred to in subsection (4) is proof of the facts stated in the certificate and of the authority of the person who signed it without further proof of the person's appointment or signature.
2007-6-47.
482.4 (1) If a fine established in accordance with section 482.2 is indicated on a ticket for an offence charged, the person on whom the ticket is served may, within 14 days after the date of service,
(a) pay the fine indicated on the ticket to the city in accordance with the prescribed instructions, or
(b) dispute the allegation contained in the ticket by
(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or
(ii) appearing in person at the location set out in the ticket to give notice of dispute.
(2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.
(3) For the purpose of subsection (1), a notice of dispute that is delivered by mail is deemed to have been delivered on the date it was mailed.
2007-6-47.
482.5 (1) A person who pays a fine in accordance with section 482.4 (1) (a) is deemed to have pleaded guilty to the offence with which the person was charged and to have paid the fine imposed.
(2) If a person who is served with a ticket pays the fine as referred to in subsection (1), no conviction need be drawn up or entered unless it is required under the by-law contravened or by the person convicted or a prosecutor.
2007-6-47.
482.6 (1) If notice of dispute is given in accordance with section 482.4 (1) (b), the Council or Park Board must refer the ticket to the Provincial Court for a hearing.
(2) If a ticket is referred to the Provincial Court under subsection (1), the clerk of the court must send to the person who was served with the ticket, by ordinary mail to the person's address set out in the notice of dispute, a notice of the hearing specifying a time and place for the appearance of the person before a justice.
(3) If a person appears before a justice at the time and place specified in the notice under subsection (2), section 58 of the Offence Act does not apply to the person and the justice has jurisdiction to hear the dispute without examining the notice of dispute or the notice of the hearing or inquiring into the service of the ticket on the person.
(4) Despite section 60 of the Offence Act but subject to the Supreme Court Civil Rules, a justice hearing the trial on a ticket may
(a) admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the justice considers is relevant to an issue in the trial and is credible and trustworthy, and
(b) adopt procedures that are conducive to justly and expeditiously determining the matter.
(5) As a restriction, a justice may not admit under subsection (4) (a) anything that is privileged under the laws of evidence.
(6) If a person who is served with a ticket
(i) appeared before a justice at the time and place specified in the notice under subsection (2), and
(ii) pleaded guilty to or been found guilty of the offence with which the person was charged, or
(b) is deemed under section 482.7 or 482.8 to have pleaded guilty to the offence with which the person was charged,
no conviction need be drawn up or entered unless it is required under the by-law contravened or by the person convicted or a prosecutor.
2007-6-47; 2010-6-97.
482.7 (1) A person is deemed to have not disputed a charge if the person fails to appear before a justice to dispute the charge
(a) at the time and place specified in the notice of the hearing referred to in section 482.6 (2), or
(b) at a new time and place set under section 482.9 (4).
(2) If a person is deemed under subsection (1) to have not disputed the charge,
(a) the person is deemed to have pleaded guilty to the offence with which the person was charged, and
(b) the fine amount indicated on the ticket is immediately payable to the city.
(3) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.
2007-6-47.
482.8 (1) A person served with a ticket under section 482.3 is deemed to have not disputed the charge if
(a) the person does not pay the fine or dispute the charge, as provided in section 482.4 (1), and
(b) at least 14 days have elapsed since the ticket was served on the person.
(2) If a person is deemed under subsection (1) to have not disputed the charge, section 482.7 (2) applies.
(3) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102 of the Offence Act.
2007-6-47.
482.9 (1) A person who is served with a ticket but
(a) does not dispute the charge, or
(b) fails to appear before a justice at the time and place specified in the notice under section 482.6 (2),
may apply to a justice for a time extension in the circumstances established by this section.
(2) In the case of a person who did not dispute the charge, the person may only apply if
(a) the person has, through no fault of that person, not had an opportunity to dispute the charge, and
(b) not more than 30 days have passed since the end of the period referred to in section 482.4 (1).
(3) In the case of a person who failed to appear before a justice to dispute the charge, the person may only apply if
(a) the failure was through no fault of the person, and
(b) not more than 30 days have passed since the date specified in the notice under section 482.6 (2).
(4) The justice to whom the application is made, on being satisfied by affidavit in the prescribed form and with or without hearing from the applicant, that the applicable conditions set out in subsection (2) or (3) have been met may
(a) strike out the conviction, if any,
(b) in the case of a person who did not dispute the charge, allow the person 14 days after the date the conviction is struck to dispute the charge in accordance with section 482.4 (1), and
(c) in the case of a person who failed to appear to dispute the charge, set a new time and place for the appearance of the person before a justice.
(5) If a conviction is struck out under subsection (4), the justice must give the person a certificate of the fact in the prescribed form.
2007-6-47.
482.91 The Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the form and content of the tickets issued under sections 482.1 to 482.9;
(b) prescribing matters for the purpose of section 482.1 (1) (a);
(c) prescribing classes of persons for the purpose of section 482.1 (1) (b);
(d) prescribing an amount for the purposes of section 482.2 (1);
(e) prescribing the form of a certificate of service for the purpose of section 482.3 (4);
(f) prescribing instructions for paying a fine for the purpose of section 482.4 (1) (a);
(g) prescribing the form of an affidavit for the purpose of section 482.9 (4);
(h) prescribing the form of a certificate under section 482.9 (5).
2007-6-47.
483. (1) The Council may, by by-law, provide for the disposal of property that has come into the possession of a member of the police department in cases where the owner of the property has not been ascertained and no order of a competent court has been made with respect thereto.
(2) The by-law may authorize the sale of the property referred to in subsection (1) and the application of the proceeds of the sale, and the application of any money of which the owner cannot be ascertained, to all or any of the following purposes:
(a) The expense of carrying out the provisions of the by-law;
(b) The payment of reasonable compensation to any person by whom the property was delivered into the possession of the police;
(c) Payment into the general revenue of the city.
(3) If the property is a perishable article or its custody involves unreasonable expense or inconvenience, it may be sold at any time, but the proceeds of the sale shall not be disposed of other than to the lawful owner until they have remained in the possession of the city for 6 months.
(4) In any other case the property shall not be sold until it has remained in the possession of the police for at least 3 months.
1974-87-38; 1988-67-7; 1997-37-74; 2006-3-29.
Contents | Preamble | Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII | Part XIV | Part XV | Part XVI | Part XVII | Part XVIII | Part XIX | Part XX | Part XXI | Part XXII | Part XXIII | Part XXIV | Part XXIV-A | Part XXIV-B | Part XXV | Part XXVI | Part XXVII | Part XXVIII | Part XXIX | Part XXX | Part XXXI
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