Ten Steps to Respond to a BC Bylaw Ticket
STEP 1: ACKNOWLEDGE THE TICKET
Take it Seriously: Don’t ignore the ticket. For most types of tickets, a failure to respond within the designated time limit may result in automatically being found legally responsible and a penalty being due.
Consequences of Ignoring: If you don't respond and are automatically found responsible, the local government can collect the debt through various enforcement methods and can sometimes add additional surcharges and fees on top of the fine.
STEP 2: IDENTIFY THE TICKET TYPE
Types of Tickets: In British Columbia, the three types of bylaw tickets are the Municipal Ticket Information (MTI), Bylaw Notice, and Notice of Bylaw Infraction.
Understanding Procedures: Each type has different forms and time limits for disputing. Visit Bylawpedia on the Bylaw Help website for detailed information on each ticket type.
STEP 3: EVALUATE POSSIBLE DEFENCES
Research: Look into applicable legislation and case law to find valid reasons for disputing the ticket. CanLII is a good resource for this, since it has a database of laws and cases and a search engine which allows you to sort through them. You could also consult a legal professional such as a qualified lawyer or paralegal, although there are cost considerations to this (see Step 10 on Minimizing Legal Costs at the end of this tip sheet for more information).
Types of Defences: Consider procedural errors, lack of evidence, or legal exemptions. Mitigating factors might involve circumstances that reduce the severity of the offence.
STEP 4: DECIDE TO DISPUTE OR NOT
Cost-Benefit Analysis: Weigh the costs and benefits of disputing the ticket. If the fine is small and you have no strong defences, it might not be worth it.
Consider Professional Advice: Consulting with a legal professional such as a qualified lawyer or paralegal can help you make an informed decision, although there are cost considerations involved with this (see Step 10 on Minimizing Legal Costs at the end of this tip sheet for more information).
STEP 5: FILE A DISPUTE
Find the Proper Form: Find the correct form to submit to the local government to dispute the ticket you received. Different types of tickets will have different forms. Sometimes the dispute form will be on the back of the ticket, and sometimes a local government will have an online form. You should contact the local government that issued the ticket for more information if you have trouble finding or understanding the form.
Submit the Form by the Deadline: Ensure all required information is accurately provided and that you meet all deadlines. Missing the deadline forfeits your right to dispute.
Resources: Further information on forms and deadlines can be found on Bylawpedia on the Bylaw Help website.
STEP 6: CONSIDER ANY SETTLEMENT OFFERS
Settlement Examples: Sometimes after you dispute a ticket, the local government may contact you to offer a settlement. The local government may offer to reduce the fine if you accept responsibility or withdraw some tickets if you pay others.
Evaluate Carefully: Weigh the reduced penalty versus the potential cost and time involved in continuing with the dispute.
STEP 7: PREPARE FOR THE TRIAL OR HEARING
Trial or Adjudication Hearing: Depending on the type of ticket you are disputing, your dispute will be heard and dealt with in court or outside of court. A dispute over a Municipal Ticket Information (MTI) will be decided in the Provincial Court of British Columbia, while a dispute over a Bylaw Notice will be dealt with in a quasi-judicial hearing called an adjudication hearing. For more details on the dispute resolution processes, you can consult Bylawpedia on the Bylaw Help website.
Collect Evidence: Collect photos, witness statements, and documents that you want to present as evidence during the trial or adjudication hearing. Different rules of evidence apply in trials versus hearings.
Stricter Standards for Trials: Focus on admissible evidence for trials. Adjudication hearings may accept more flexible types of evidence.
Ask for the Government’s Evidence: Request the local government’s evidence before the trial or hearing. They are required to give you a copy of any evidence they intend to use against you.
Review the Government’s Evidence: Reviewing the local government’s evidence helps prepare counterarguments and identify weaknesses in their case.
Consider Seeking Legal Advice: It can sometimes be a good idea to consult a legal professional such as a qualified lawyer or paralegal if unsure about the evidence, although there are cost considerations to doing this (see Step 10 on Minimizing Legal Costs at the end of this tip sheet for more information).
STEP 8: PRESENT YOUR CASE AT THE TRIAL OR HEARING
Be Professional and Respectful: Present your evidence clearly and concisely. Follow instructions from the presiding official. If going to a trial in the Provincial Court, this will either be a Provincial Court Judge or a Judicial Justice of the Peace. If you are attending an adjudication hearing, it will be presided over by an Adjudicator.
Challenging Weaknesses in the Opposing Case: Politely and respectfully highlight weaknesses in the local government’s case. This may involve questioning witnesses (if there are any witnesses personally attending) and respectfully challenging them on points that are erroneous. Be ready to answer questions from the presiding official and always abide by instructions the presiding official gives.
STEP 9: CONSIDER RESPONSES TO UNFAVOURABLE OUTCOMES
Consider the Outcome: If you were not successful at your trial or adjudication hearing, then the Provincial Court Judge, Judicial Justice of the Peace or Adjudicator who presided over your dispute will order you to pay your ticket. An Adjudicator is not allowed to reduce the fine and, in fact, sometimes an additional fee will be added on top of the fine for challenging the ticket and failing. If you had a trial in a court, the court theoretically could reduce the fine – or possibly even increase it – depending on the circumstances of your case and the law which applies, but usually a court will not do this.
Decide Whether to Take It Further: If you lost your case and were ordered to pay the ticket, you will have to decide whether you want to take the case to a higher authority or not. For the outcome of a trial in the Provincial Court of British Columbia, you will have a right to appeal to the Supreme Court of British Columbia, as long as you file your appeal within 30 days. However, for the outcome of an adjudication hearing, you are not allowed to appeal the decision, but you can ask for something called a judicial review if you believe the Adjudicator made a mistake. A judicial review is a special hearing held in the Supreme Court of British Columbia where the court will consider whether an Adjudicator’s decision should be overturned because they made an error. Generally, a court will show deference to an Adjudicator's decision and will only overturn it on a judicial review if there has been a serious mistake; you can consult the article on judicial review in Bylawpedia for more information. A request for a judicial review must be filed within 30 days of the Adjudicator’s decision.
Weigh the Pros and Cons: Taking a case to the Supreme Court of British Columbia in either an appeal or a judicial review should not be done lightly. A person should carefully consider all the factors before deciding to take this step because it can take a lot of time and effort. If you do not have a strong legal case, you may wish to accept the outcome of the trial or adjudication hearing, even though it is disappointing and means you will have to pay the ticket.
Consider Getting Professional Advice: If you are thinking of appealing a decision, or asking for a judicial review, it often is a good idea to consult a legal professional such as a qualified lawyer or paralegal. Appeals and judicial reviews often involve complicated legal issues and these professionals can help you decide whether you have a strong case that is worth pursuing or not. However, there are cost considerations when obtaining legal advice, although there are some free services available (see Step 10 on Minimizing Legal Costs at the end of this tip sheet for more information).
STEP 10: MINIMIZING LEGAL COSTS
Benefits of Legal Advice: At various steps throughout the process of responding to a ticket, it may be useful to consult professional legal advice. In British Columbia, a qualified lawyer or paralegal is entitled to give legal advice and these professionals can be useful in determining whether you have a strong legal case and whether you should proceed with legal action.
Legal Costs: Although professional legal advice has many benefits, it can sometimes be costly. Different lawyers and paralegals will charge different fees, depending on various factors, such as how experienced they are and how much demand there is for their services.
Free or Reduced Cost Services: If you need legal advice but cannot afford to pay for it, you may find that some lawyers or paralegals will offer first-time clients a short initial meeting for free or for a small fee. Some communities also have legal clinics or other services which can offer free or low-cost legal advice subject to some conditions. For more information on free or reduced cost services, the Dial-A-Law website is a good place to visit.
SUMMARY:
Respond promptly to avoid automatic penalties.
Identify your ticket type and understand specific procedures.
Evaluate your defences and consider whether to dispute.
File disputes correctly and on time.
Consider settlement offers carefully.
Prepare thoroughly for trial or adjudication hearing.
Gather and request evidence effectively.
Present your case clearly and professionally.
Consider the outcome and decide on further action if needed.
Minimize legal costs by exploring free or reduced-cost services.