Bylawpedia

Notice of Bylaw Infraction

Author: Michael Tillmann

Published: March 2, 2024

Last updated: March 21, 2024

A notice of bylaw infraction is a type of ticket used by some local governments in British Columbia to enforce parking regulations. Actually, some may argue that it is not a ticket, since it does not impose a mandatory penalty, as will be discussed further shortly. Indeed, on the website of the provincial government, it is referred to as a demand notice rather than a ticket (Government of British Columbia, 2023, Form B). However, it does fit the definition of a ticket found in some dictionaries[1], and would likely be referred to as a 'ticket' by the average member of the public, so this website will also refer to it as such.

The main distinction between a notice of bylaw infraction and other forms of ticketing is that it does not impose a monetary penalty that is legally mandatory, but instead imposes a voluntary payment which a person pays in order to avoid legal proceedings that might otherwise be taken against the person. This is reflected on the notice itself, as it expressly states on its face that it is a 'voluntary penalty' (B.C. Reg 425/2003, Form B.3). This is a significant difference from the municipal ticket information or the bylaw notice, both of which impose monetary penalties that are mandatory and not voluntary.

The bylaw notice and municipal ticket information impose fines that are mandatory in nature because, if a person receives a bylaw notice or municipal ticket information and does not dispute it within the time period set by law, this failure to respond will automatically result in the law considering the person guilty and/or liable for the bylaw violation and thus, as a consequence of this legal status, the fine will become automatically due and payable (Community Charter, 2003, ss. 270-271; Local Government Bylaw Notice Enforcement Act, 2003, s. 9). However, the notice of bylaw infraction is a demand notice, and this means that it does not initiate legal consequences by itself. Unlike with bylaw notices and municipal ticket informations, there are no enactments anywhere which declare that ignoring a notice of bylaw infraction will automatically result in a recipient being found guilty and/or liable of a bylaw violation, and thus courts and tribunals of law will look upon it differently and not automatically presume that its penalty is due and payable because a person failed to respond to it.

Essentially, a notice of a bylaw infraction is equivalent to receiving a demand letter[2] from a creditor demanding the payment of a debt. Receiving the letter and ignoring it does not automatically result in a legal finding against the debtor. However, the letter is a warning that legal proceedings may be taken if the debt is not resolved voluntarily. The creditor may decide to follow up by initiating proceedings in a court or tribunal to collect the debt. Likewise, if a person ignores a notice of bylaw infraction from a local government, then the local government may follow up by using one of its other enforcement tools. For example, the local government could lay an information to begin a prosecution in Provincial Court or, for future parking violations, could start towing and impounding the vehicle as a form of direct enforcement.

Image: Notice of Bylaw Infraction (B.C. Reg. 425/2003, Form B.3)

Credit: King's Printer

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.

END NOTES:

[1] It may be argued by some that the notice of bylaw infraction is not an actual ticket, since it does not use the word 'ticket' in its name, but if one looks to the dictionary definitions for the word 'ticket', the notice of bylaw infraction qualifies. The Wordnik online dictionary has a list of multiple meanings for the word 'ticket', one of those being: "A legal notice to a person charged with a violation of law, especially a minor violation" (Wordnik, n.d.). Likewise, the Merriam-Webster online dictionary defines a ticket as having multiple different meanings, including "a summons or warning issued to a traffic-law violator" (Merriam-Webster, n.d.).

[2] A demand letter is a document sent by one person to another person alleging that a law has been broken, or legal rights infringed, and demanding that the other person do something or stop doing something - for example, stop breaking the law or pay an amount of money that is owed - in order to avoid legal action (TheLawDictionary.org, n.d.).

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://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03026_00

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

Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60. https://canlii.ca/t/jjk1

Merriam-Webster. (n.d.). Ticket. In Merriam-Webster.com dictionary. Retrieved February 24, 2024 from https://www.merriam-webster.com/dictionary/ticket

TheLawDictionary.org. (n.d.). What is a demand letter? In TheLawDictionary.org dictionary. Retrieved March 2, 2024 from https://thelawdictionary.org/article/how-to-respond-to-a-legal-demand-letter/

Wordnik. (n.d.) Ticket. In Wordnik dictionary. Retrieved February 24, 2024 from https://www.wordnik.com/words/ticket