Bylawpedia
Municipal Ticket Information (MTI)
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. However, under provincial statute, the local government in question must first enact a bylaw authorizing municipal ticket informations to be used and specifying which bylaw violations they are available for, who can issue the tickets and what the fine for each violation is (Community Charter, 2003, s. 264; Government of British Columbia, 2023). Unlike one of the other forms of bylaw ticket used in the province - the bylaw notice - a local government does not have to receive approval from the provincial government before instituting the use of MTIs (Government of British Columbia, 2022).
Despite the name of the ticket, it is available to both municipalities and regional districts to use the municipal ticket information (Local Government Act, 2015, s. 414).
History
The municipal ticket information system was first introduced in British Columbia in 1989 by amendments made to the Local Government Act. The provincial government introduced this system of tickets to make it easier for local governments to enforce their bylaws as, before that time, the only option available if a local government wished to impose a penalty for a bylaw violation was to initiate a prosecution in court by laying a long form information. With the 1989 changes to the law, now bylaw enforcement officers could 'lay an information' by simply filling out a ticket (hence the name municipal ticket information), and thereby initiate quasi-criminal proceedings without the necessity of having to go to court to ask a judge or justice of the peace to issue a summons (Howieson, 2008, pp. 8-10). The MTI would remain the only ticketing option for local governments until the bylaw notice was introduced in 2003 (Union of British Columbia Municipalities, 2022).
Form and Contents
The design and contents of a municipal ticket information is set out by provincial regulation (B.C. Reg. 425/2003, Forms A-B.4). Unlike with bylaw notices, where the law allows local governments wide latitude to come up with their own designs provided certain mandatory information is included (Local Government Bylaw Notice Enforcement Act, 2003, s. 4(4)), local governments are not permitted to deviate from the format laid out in the regulation (Howieson, 2008, p. 9).
There are two versions of the municipal ticket information, Form A is used for general bylaw violations (B.C. Reg. 425/2003, Forms A-A.2) and Form B for bylaw violations involving traffic or parking (B.C. Reg. 425/2003, B-B.2).
There is a third version of sorts found in Form B.3 of the regulation (B.C. Reg. 425/2003, Form B.3), but this is actually not a municipal ticket information. This can be observed from the fact that, on its face, it declares itself to be a notice of bylaw infraction. This third version of the ticket is intended solely for use in relation to parking violations and it is not legally enforceable in the same manner as the other versions since it is technically not a municipal ticket information; although it can, in an indirect manner, lead to legal proceedings (see notice of bylaw infraction for more information).
Both Form A & Form B of the municipal ticket information will contain key information about the bylaw violation that is alleged, such as the name of the alleged violator, the approximate date and time of the violation and the approximate location where the violation occurred. The only difference between Form A & Form B is that, on Form B, it mentions an alleged violator's liability arises from the Motor Vehicle Act and has fields for entering a description and identifying information about a motor vehicle (B.C. Reg. 425/2003, Forms A-B.4; Motor Vehicle Act, 1996, s. 83).
When a bylaw enforcement officer issues either a Form A or Form B municipal ticket information, the officer must indicate on the ticket what bylaw violation it is for (Community Charter, 2003, s. 266(1)). This often is done by filling in a field with a description of the bylaw violation. Ideally, this description of the violation should match the word or phrase that has been designated in the bylaw as the official name of the violation, but some deviations are permissible, as long as a reasonable person can still tell what bylaw violation is being referred to (Community Charter, 2003, s. 264(4); Howieson, 2008, p. 9). As a final requirement, a bylaw enforcement officer is obligated to sign a municipal ticket information (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
The fines imposed by municipal ticket informations must be set by a local government bylaw, which spells out the fine amount for each bylaw violation (Community Charter, 2003, s. 264). Provincial law sets a maximum fine amount for a bylaw violation which varies by the age of the violator; the maximum for a person who is 18 years or older is $3000, while the maximum for persons under 18 years of age is $1000 (B.C. Reg. 425/2003, s. 2; Government of British Columbia, 2023). Provincial legislation also makes allowance for local governments to vary the fine that is payable for a violation depending on whether it is paid within 30 days of, or more than 30 days after, the day on which the ticket was served (Community Charter, 2003, s. 265).
It is noteworthy that, although there are maximum fine amounts set by legislation, it is possible that if a bylaw violation is continued or repeated, multiple municipal ticket informations may be issued and the total amount may exceed the maximum amounts allowed for a single ticket. This is because many local governments have bylaws that designate that, for continuing bylaw violations, each day it continues is considered a separate violation and subject to a separate fine. For example, if a local government sets a fine of $1000 for a particular violation and a person commits that violation 5 times on 5 different days, the person could receive 5 different $1000 tickets with a total value of $5000 (Community Charter, 2003, s. 265; Government of British Columbia, 2023).
Limitations
Provincial statutes and regulations expressly forbid municipal ticket informations from being issued for any bylaw violations related to firearms or motor vehicle speed limits (B.C. Reg. 425/2003, s. 1; Community Charter, 2003, s. 264(1)(a)). Additionally, provincial law prohibits a municipal ticket information from being issued to a person for a bylaw violation committed when the person was under 12 years of age (Youth Justice Act, 2003, s. 2). Finally, as is the case with long form informations and bylaw notices, there is a time limit for the issuance of municipal ticket informations. They cannot be issued for bylaw violations which occurred more than 6 months in the past (Offence Act, 1996, s. 3).
Methods of Service
The law provides for two methods of serving a municipal ticket information on an alleged bylaw violator. The Community Charter declares the ticket may served in the same manner as a summons may be served under the Offence Act, which means it may either be directly handed to the person or it may be left at the person's residence with any occupant of the home who appears to be at least 16 years old (Community Charter, 2003, s. 266; Offence Act, 1996, s. 28(1)).
The methods of service available for a municipal ticket information are more limited than those for a bylaw notice, which can be served by a number of additional methods, including by mail or by leaving it on a vehicle (Local Government Bylaw Notice Enforcement Act, 2003, s. 7(1)(b) & 7(1)(c)). These methods of service are not legally valid for a municipal ticket information.
Some may believe that a municipal ticket information for a parking violation can be served by leaving it on a vehicle, as there is a form of ticket found in the Community Charter Bylaw Enforcement Ticket Regulation which resembles a municipal ticket information that is used for such parking violations. However, this ticket is not actually a municipal ticket information, but rather is known as a notice of bylaw infraction (B.C. Reg. 425/2003, Form B.3). This ticket is not legally enforceable in the same manner as a MTI, although it can lead to legal proceedings (see notice of bylaw infraction for more information).
Disputing a Municipal Ticket Information
A person issued and served with a municipal ticket information has a set period of time after receiving it in which the person may choose to dispute the ticket. This is set by provincial statute at 14 days (Government of British Columbia, 2023). If the person does not dispute the ticket within this time then the law considers this equivalent to pleading guilty and the fine becomes due and payable (Community Charter, 2003, ss. 270-271).
Instructions for how to dispute a municipal ticket information are printed on the back side of the ticket (B.C. Reg 425/2003, Form A.2). A ticket recipient who wishes to dispute the MTI must either show up in person at the location indicated on the ticket to verbally give notice of their dispute or, if they do not wish to do that, must put their dispute into writing and then cause it to be delivered to the address indicated on the ticket (Community Charter, 2003, s. 267(1)(b)). This must be done within the 14 day time limit mentioned previously in order to be legally valid.
For persons who decide to put a dispute of a MTI into writing (with said document being referred to as a notice of dispute), then it must be sure to contain sufficient information for the local government to understand what is being disputed. If the document doesn't contain enough information for the local government to be able to identify what MTI is being disputed, then the law may not recognize the notice of dispute as being legally valid (Community Charter, 2003, s. 267(2)). To avoid this problem, there are instructions on the back of the ticket directing disputants to include the ticket number, the person's full name and address, the date of the alleged bylaw violation, the bylaw name and the bylaw section number (B.C. Reg 425/2003, Form A.2). Some local governments may also provide forms for disputing a MTI, although not all do.
Under provincial law, if a written notice of dispute for a municipal ticket information is submitted to a local government by mail, then it is deemed to have been submitted on the day it is mailed (Community Charter, 2003, s. 267(3)). This means that as long as it is mailed in to the local government on a day within the 14 day dispute period, it has been submitted in time. This differs from the time limits for disputing bylaw notices, as the Local Government Bylaw Notice Enforcement Act and its associated regulations are silent on how disputes of bylaw notices must be submitted, leaving this process to be determined by the local governments themselves (Local Government Bylaw Notice Enforcement Act, 2003, s. 8(1)(b)) and as a consequence some may require that a dispute form be received before the end of the dispute period, regardless of when it was mailed.
Where a person disputes a municipal ticket information within the mandated dispute period, then a local government is required by law to refer the ticket to the Provincial Court of British Columbia so that a hearing may be held to settle the dispute (Community Charter, 2003, s. 269(1)).
If a person pays a municipal ticket information then provincial legislation declares that this is equivalent to a guilty plea and the ticket may not be disputed (Community Charter, 2003, s. 268).
Trial
Disputed municipal ticket informations referred to the Provincial Court will be scheduled for a hearing before either a Provincial Court judge or a justice of the peace. The court clerk will send a notice by ordinary mail to the person who disputed the ticket - who is referred to in court proceedings as the defendant - to advise of the time and place of the hearing (Community Charter, 2003, s. 269(2); Government of British Columbia, 2023; Howieson, 2008, p. 11).
At the appointed time, if the defendant has appeared for the scheduled hearing (known as an 'initial appearance'), the court may ask the defendant to enter a plea of guilty or not guilty. However, it is more likely the court will put off the entry of a plea to a later hearing, to allow the defendant time to consider options (see the pre-trial process used in Offence Act prosecutions for more details).
In cases where the defendant does not appear at the scheduled time and place for the initial appearance, the law states that this should be considered equivalent to a guilty plea and the person ought to be convicted and the the fine stipulated in the municipal ticket information become immediately due and payable (Community Charter, 2003, s. 270(1)). In practice, the judge or justice presiding over the hearing may examine the ticket first, to ensure it does not have any irregularities, before convicting the defendant and imposing the penalty (Government of British Columbia, 2023).
When the trial does go forward, it will be presided over by a Provincial Court judge or a justice of the peace (Howieson, 2008, p. 11). The defendant may be represented by a lawyer or may be self-represented. There will be a prosecutor representing the local government which issued the municipal ticket information. This prosecutor may be the bylaw enforcement officer who issued the ticket or a lawyer.
The trial will be conducted more or less in the same manner as trials for Offence Act prosecutions. The judge or justice presiding over the trial is permitted some leeway by provincial legislation to adopt less formal procedures and to admit evidence that would not normally be admissible in a criminal trial, although it is still not permissible to admit evidence that is privileged (Government of British Columbia, 2023; Community Charter, 2003, ss. 269(4)-269(5)). As in a criminal proceeding, the prosecutor is required to present evidence that satisfies the criminal burden of proof - which is "proof beyond reasonable doubt" - in order to convict the defendant (R. v. Namura, 2015, paras. 38-39). If the presiding judge or justice is not satisfied that this burden has been met, then the defendant must be found not guilty.
At the trial's conclusion, if the court decides the burden of proof has been fulfilled and convicts the defendant, the judge or justice will impose a sentence. The penalty may be less than that shown on the ticket if the judge or justice is satisfied a reduction is lawful and justified (Government of British Columbia, 2023). Conversely, the judge or justice has authority to increase the fine as well, if justified, but this does not usually occur (Howieson, 2008, p. 11).
Appeals
Either the prosecutor or defendant may appeal the outcome of a trial for a municipal ticket information in the Provincial Court. Both the verdict (the finding that the defendant was guilty or not guilty) and the sentence (the fine amount) can 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 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).
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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