Bylawpedia
Municipal Ticket Information (MTI)
Quick Answers
What it is:
A ticket issued by a municipality or regional district alleging a bylaw violation. Issuing an MTI begins enforcement proceedings without first obtaining a court summons.Who can issue it:
A bylaw enforcement officer authorized under a local government bylaw.Maximum fines:
$3,000 per violation (age 18 or older)
$1,000 per violation (under 18)
Fine amounts are set by local government bylaw.
Early payment:
A bylaw may provide a lower fine if the MTI is paid within a specified period (often 30 days), and a higher fine if paid later.Time to dispute:
14 days from receipt to dispute in writing or in person.Failure to dispute:
If no dispute is filed within 14 days, the recipient is deemed to have pleaded guilty and the fine becomes payable.Time limit for issuance:
Must be issued within 6 months of the alleged violation.Legal limitations:
Cannot be used for firearm-related bylaws, motor vehicle speed limit violations, or against persons under 12 years of age.If disputed:
The matter is referred to Provincial Court, where the local government must prove the violation beyond a reasonable doubt.If unpaid:
The fine may be collected as a debt, including by garnishment, seizure of property, or registration against land title.
Introduction
The municipal ticket information (or MTI) is one of the three kinds of ticket used for bylaw enforcement in the province of British Columbia. It may be issued by a bylaw enforcement officer working for a local government to a person who is alleged to have committed a bylaw violation. Under provincial law, the local government must first enact a bylaw authorizing the use of municipal ticket informations, specifying which bylaw violations are subject to MTIs, who may issue the tickets and the fine associated with each violation (Community Charter, 2003, s. 264; Government of British Columbia, 2023). Unlike the bylaw notice, another form of bylaw ticket, the MTI does not require provincial government approval before being implemented (Government of British Columbia, 2022).
Despite the name of the ticket, MTIs may be used by both municipalities and regional districts (Local Government Act, 2015, s. 414).
History
The MTI system was introduced in British Columbia in 1989 through amendments made to the Local Government Act. The provincial government created this system to simplify bylaw enforcement. Prior to this, the only means for local governments to impose a fine for a bylaw violation was to initiate prosecution in court by laying a long form information. The 1989 changes allowed bylaw enforcement officers to "lay an information" simply by issuing a ticket, thereby initiating quasi-criminal proceedings without first obtaining a court-issued summons (Howieson, 2008, pp. 8-10). MTIs remained the only legally recognized ticketing option for local governments until the introduction of the bylaw notice in 2003 (Union of British Columbia Municipalities, 2022).
Form and Contents
The design and contents of a MTI are prescribed by provincial regulation (B.C. Reg. 425/2003, Forms A-B.4). Unlike bylaw notices, which allow local governments flexibility in design provided certain mandatory information is included (Local Government Bylaw Notice Enforcement Act, 2003, s. 4(4)), MTIs must strictly follow the format set out in the regulation (Howieson, 2008, p. 9).
There are two versions of the MTI: Form A, used for general bylaw violations (B.C. Reg. 425/2003, Forms A-A.2) and Form B, used for violations involving traffic or parking (B.C. Reg. 425/2003, B-B.2). Form B.3 exists in the regulation but is technically not a MTI (B.C. Reg. 425/2003, Form B.3); it is a Notice of Bylaw Infraction intended only for parking violations and is not legally enforceable in the same manner as a MTI, though it can lead indirectly to legal proceedings , (see notice of bylaw infraction for more information).
When issuing an MTI, a bylaw enforcement officer must specify the bylaw violation being alleged (Community Charter, 2003, s. 266(1)). The description should match the official violation designation from the bylaw where possible, though minor deviations are permissible if a reasonable person can still identify the violation (Community Charter, 2003, s. 264(4); Howieson, 2008, p. 9). The officer must also sign the ticket (Community Charter, 2003, s. 266(1)).
Image: Form A - Municipal Ticket Information (B.C. Reg 425/2003, Form A)
Credit: King's Printer
Image: Form B - Municipal Ticket Information (B.C. Reg 425/2003, Form B)
Credit: King's Printer
Fines
Fines for MTIs are established by the local government through bylaw, which specifies the amount for each violation (Community Charter, 2003, s. 264). Provincial law sets maximum fines, which vary by age; $3,000 for persons 18 and older, and $1,000 for persons under 18 (B.C. Reg. 425/2003, s. 2; Government of British Columbia, 2023). Local governments may adjust fines based on whether payment is made within 30 days of service (Community Charter, 2003, s. 265).
While maximum fines exist for individual tickets, multiple MTIs may be issued for continuing or repeated violations, potentially exceeding statutory maximums. For example, if a local government sets a $1,000 fine for a violation and the violation occurs five times on separate days, the total fines could reach $5,000 (Community Charter, 2003, s. 265; Government of British Columbia, 2023)
Limitations
MTIs cannot be issued for bylaw violations relating to firearms or motor vehicle speed limits (B.C. Reg. 425/2003, s. 1; Community Charter, 2003, s. 264(1)(a)), nor for violations committed by persons under 12 years of age (Youth Justice Act, 2003, s. 2). MTIs must also be issued within six months of the alleged violation (Offence Act, 1996, s. 3).
Methods of Service
MTIs may be served in the same manner as a summons under the Offence Act, either directly to the alleged violator or left at the violator’s residence with an occupant aged 16 or older (Community Charter, 2003, s. 266; Offence Act, 1996, s. 28(1)). Other service methods available for bylaw notices, such as mail or leaving the ticket on a vehicle, are not legally valid for MTIs.
Parking-related notices left on vehicles are generally notices of bylaw infraction (B.C. Reg. 425/2003, Form B.3) and are not legally enforceable as MTIs, though they may lead indirectly to legal proceedings.
Disputing a Municipal Ticket Information
Recipients have 14 days to dispute an MTI (Government of British Columbia, 2023). If no dispute is filed within this period, the failure to respond is considered a guilty plea and the fine becomes due and payable (Community Charter, 2003, ss. 270-271).
Disputes may be made in person or in writing, with instructions for doing so being found on the back of MTIs. Written notices, called notices of dispute, must contain sufficient information to identify the MTI being disputed, including ticket number, recipient’s name and address, date of violation, bylaw name, and bylaw section number (Community Charter, 2003, ss. 267(1)-(2); B.C. Reg 425/2003, Form A.2). Notices mailed within the 14-day period are deemed submitted on the mailing date (Community Charter, 2003, s. 267(3)).
Once a dispute is received, the local government must refer the MTI to the Provincial Court of British Columbia for a hearing (Community Charter, 2003, s. 269(1)). Paying the MTI is treated as a guilty plea, preventing later disputes (Community Charter, 2003, s. 268).
Trials
Disputed MTIs are scheduled for hearing before a Provincial Court judge or justice of the peace. Court clerks notify the defendant by mail of the time and location (Community Charter, 2003, s. 269(2); Howieson, 2008, p. 11).
During the first hearing (known as an initial appearance), the court may ask for a plea, though this is often deferred to a later time. If the defendant fails to appear for the initial appearance, the law stipulates this is equivalent to a guilty plea and the fine becomes immediately due (Community Charter, 2003, s. 270(1)); although, in practice, the judge or justice may examine the ticket for irregularities before entering a conviction and imposing the penalty (Government of British Columbia, 2023).
The trial process is similar to Offence Act prosecutions, with some procedural flexibility. Evidence that is otherwise inadmissible in criminal trials may be considered, but privileged evidence is excluded (Community Charter, 2003, ss. 269(4)-269(5)). The prosecutor bears the burden of proof beyond a reasonable doubt (R. v. Namura, 2015, paras. 38-39). Courts may reduce or, in rare cases, increase fines if justified.
Appeals
Either the prosecutor or the defendant may appeal a Provincial Court decision respecting a municipal ticket information. Both the conviction and the fine imposed may be appealed. These appeals are filed and dealt with in the Supreme Court of British Columbia (Offence Act, 1996, s. 102; Office of the Chief Judge, Provincial Court of British Columbia, n.d.).
When making an appeal to the Supreme Court of British Columbia, there are time limits prescribed by provincial legislation and the court rules. The applicable time limit for filing an appeal of the outcome for a municipal ticket information is found in the Criminal Rules of the Supreme Court of British Columbia and it requires that the appeal be submitted within 30 days of the Provincial Court reaching its decision (SI/97-140, ss. 6(2)-6(3); Offence Act, 1996, s. 104).
Collection of Fines
Once a fine imposed by a municipal ticket information becomes due and payable, whether because the recipient never disputed it within the dispute period or because there has been a trial and the person has been convicted, the local government responsible for the issuance of the ticket may begin to take steps to collect the debt.
The debt collection methods open to a local government are similar to those a private person could use to collect a debt. Examples include seeking court orders to garnish the debtor's wages or bank account or to seize the debtor's property and sell it at auction (Justice Education Society, n.d.a). The debt can also be registered against the land title of any land the debtor owns, preventing the person from selling or mortgaging the property until the debt is paid (Justice Education Society, n.d.b).
COPYRIGHT NOTICE FOR IMAGES TAKEN FROM BRITISH COLUMBIA LEGISLATION:
These materials contain information that has been derived from information originally made available by the Province of British Columbia
at: http://www.bclaws.gov.bc.ca and this information is being used in accordance with the King's Printer Licence – British Columbia available
at: https://www.bclaws.gov.bc.ca/standards/Licence.html. They have not, however, been produced in affiliation with, or with the endorsement of, the Province of British Columbia and THESE MATERIALS ARE NOT AN OFFICIAL VERSION.
REFERENCES:
B.C. Reg. 425/2003. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/425_2003
Community Charter, SBC 2003, c. 26. https://canlii.ca/t/5660d
Government of British Columbia. (2022, December 7). Local government bylaw notices. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/bylaws/bylaw-enforcement/bylaw-notices
Government of British Columbia. (2023, December 7). Municipal Ticketing. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/bylaws/bylaw-enforcement/municipal-ticketing
Howieson, D. (2008, November 28). Investigating and Enforcing Bylaws [Seminar Paper]. Young, Anderson Barristers & Solicitors. https://www.younganderson.ca/images/seminar_blogs/Investigating_and_Enforcing_Bylaws.pdf
Justice Education Society. (n.d.a). Garnishing and Seizing. Small Claims BC : Online Help Guide. Retrieved February 27, 2024 from https://smallclaimsbc.ca/after-trial/garnishing-and-seizing
Justice Education Society. (n.d.b). Register Against Land. Supreme Court BC : Online Help Guide. Retrieved February 27, 2024 from https://supremecourtbc.ca/civil-law/after-trial/register-against-land
Local Government Act, RSBC 2015, c. 1. https://canlii.ca/t/566f7
Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60. Retrieved February 24, 2024 from https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03060_01
Motor Vehicle Act, RSBC 1996, c. 318. https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00
Offence Act, RSBC 1996, c. 338. https://canlii.ca/t/54cb4
Office of the Chief Judge, Provincial Court of British Columbia. (n.d.). Appeals. Provincial Court of British Columbia. Retrieved March 2, 2024 from https://www.provincialcourt.bc.ca/complaints-and-appeals/appeals
Office of the Ombudsperson. (2015). Bylaw Enforcement: Best Practices Guide for Local Governments (Special Report No. 36). https://bcombudsperson.ca/assets/media/Special-Report-No-36-Bylaw-Enforcement-Best-Practices-Guide-for-Local-Governments.pdf
R. v. Namura, 2015 BCSC 2040 (CanLII). https://canlii.ca/t/glzjv#par38
SI/97-140. https://laws-lois.justice.gc.ca/eng/regulations/SI-97-140/FullText.html?wbdisable=false
Union of British Columbia Municipalities. (2022, September). Fact Sheet #28: Bylaw Adjudication [Fact sheet]. Union of British Columbia Municipalities. https://www.ubcm.ca/sites/default/files/2022-12/28%20BYLAW%20ADJUDICATION.pdf
Youth Justice Act, SBC 2003, c. 85. https://canlii.ca/t/564tt