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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Local Government Act

[RSBC 2015] CHAPTER 1

Deposited with Clerk of the Legislative Assembly on December 16, 2015

Part 12 — Regional Districts: Bylaw Enforcement and Challenge of Bylaws

Division 1 — Bylaw Enforcement and Related Matters

Bylaw enforcement: fines and other penalties

413  (1) A board may make bylaws for

(a) the purposes of enforcing the bylaws of the regional district by fine, by imprisonment or both, and

(b) imposing fines, penalties and costs.

(2) Section 261 [payment of fines and other penalties] of the Community Charter applies to regional districts.

Ticketing for bylaw offences: application of Community Charter

414  (1) Division 3 [Ticketing for Bylaw Offences] of Part 8 of the Community Charter applies to regional districts.

(2) For the purpose of subsection (1), a reference in section 265 [penalties in relation to ticket offences] of the Community Charter to a bylaw is to be read as a reference to a bylaw under section 413 (1) of this Act.

Bylaw notices: application of Local Government Bylaw Notice Enforcement Act

415  (1) Subject to the regulations under the Local Government Bylaw Notice Enforcement Act, a regional district bylaw may be enforced by bylaw notice under and in accordance with that Act.

(2) If a matter is prescribed for the purpose of section 4 (2) [regulations restricting enforcement to bylaw notices] of the Local Government Bylaw Notice Enforcement Act, a board that adopts or has adopted a bylaw in relation to the matter may enforce the bylaw only by bylaw notice under that Act.

Bylaw contraventions — offences and prosecutions

416  (1) If a bylaw establishes a regulation or requirement to be observed in a regional district, a person who contravenes the regulation or requirement commits an offence that is punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.

(2) In a prosecution for an offence against a regional district bylaw, the justice or court may impose all or part of the penalty or punishment authorized by the bylaw, this Act or the Offence Act, together with the costs of prosecution.

(3) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the justice or court may, by order, authorize all or part of the penalty and costs to be levied by distress and sale of the offender's goods and chattels.

(4) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the justice or court may commit the offender to imprisonment for the term, or part of the term, specified in the bylaw.

Additional sentencing powers in relation to Offence Act prosecutions

417  (1) If a person is convicted of an offence

(a) under subsection (3), or

(b) against a regional district bylaw in a prosecution commenced by an information in Form 2 under the Offence Act,

in addition to the penalty established under section 413 [bylaw enforcement: fines and other penalties], the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order

(c) prohibiting the person from doing any act or engaging in any activity that may, in the court's opinion, result in the continuation or repetition of the offence, and

(d) directing the person to take any action the court considers appropriate to remedy the harm that resulted from the commission of the offence.

(2) An order under subsection (1) must specify the duration of the order, which may not exceed one year.

(3) A person who fails to comply with an order under subsection (1) commits an offence and is liable on conviction to a fine of not more than $10 000 or to imprisonment for not more than 6 months, or both.

(4) For the purposes of section 43 (3) [exception from obligation for regional district to pay collected fines to government] of the Provincial Court Act, a fine imposed in a prosecution for an offence under subsection (3) of this section is deemed to be a fine imposed for the contravention of a bylaw of the regional district.

(5) If a person is convicted of an offence referred to in subsection (1) (a) or (b), on application by the regional district or another person for compensation, the court must give consideration to the application and, in addition to any penalty imposed, may order the person

(a) to pay to the regional district or to the other person compensation, in an amount that is not more than the monetary limit specified under the Small Claims Act, for any damage or loss sustained by the regional district or other person because of the commission of the offence, and

(b) in accordance with the schedule of costs prescribed under section 132 (2) (h) of the Offence Act, to pay to the regional district the costs incurred by the regional district in investigating and prosecuting the person.

(6) In the case of a dispute, the amount of compensation payable under subsection (5) (a) must be proven on a balance of probabilities by the regional district or the other person.

(7) An order under subsection (5) may be enforced as a judgment of the court for the recovery of a debt in the amount stated against the person named.

Authority to fulfill requirements at defaulter's expense

418  (1) The authority of a board under this or another Act to require that something be done includes the authority to direct that, if a person subject to the requirement fails to take the required action, the regional district may

(a) fulfill the requirement at the expense of the person, and

(b) recover the costs incurred from that person as a debt.

(2) Section 399 [special fees and charges that are to be collected as taxes] applies to an amount recoverable under subsection (1) that is incurred for work done or services provided in relation to land or improvements.

Inspections to determine whether bylaws are being followed

419  If a board has authority to regulate, prohibit and impose requirements in relation to a matter, the board may, by bylaw, authorize officers, employees and agents of the regional district to enter, at all reasonable times, on any property to inspect and determine whether all regulations, prohibitions and requirements are being met.

Enforcement by civil proceedings: application of Community Charter

420  Division 4 [Enforcement by Civil Proceedings] of Part 8 of the Community Charter applies to regional districts.

Recovery of utility rates by legal remedy of distress

421  (1) In addition to other remedies in this Act for the collection and recovery of gas rates, electrical energy rates or water rates authorized by this Act, the payment of those rates may be enforced by a regional district by distress and sale of the goods and chattels of the person owing the rates wherever those chattels are found in the regional district.

(2) The costs chargeable in relation to distress under this section are those payable under the Rent Distress Act, unless another scale is provided under this Act.

Scale of costs in relation to legal remedy of distress

422  A board may, by bylaw, regulate and alter the scale of costs payable in cases of distress under this Act.

Enforcement of bylaws in relation to discharge of firearms

423  Despite this Act or a provision in letters patent issued to a regional district, a bylaw of a regional district regulating or prohibiting the discharge of firearms, as defined in the Wildlife Act, is unenforceable to the extent that a regulation under section 108 (2) (n) or (o) of the Wildlife Act is in force in the regional district.

Entry warrants: application of Community Charter

424  Section 275 [entry warrants] of the Community Charter applies to regional districts.

Division 2 — Challenge of Bylaws and Other Regional District Instruments

Challenge of bylaws and other regional district instruments

425  (1) Division 1 [Challenge of Municipal Bylaws and Other Instruments] of Part 16 [Municipal Provisions] applies to regional districts.

(2) Notice of an application to set aside a regional district security issuing bylaw, stating the grounds of the application, must be served on the regional district at least 5 days before the hearing and not more than 10 days after the adoption of the bylaw.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Schedule | Revision Schedule