The BC Offence Act
Sections Related to Disputing Tickets 

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(1) An enforcement officer may complete and sign a violation ticket for contravention of an enactment referred to in the regulations.

(2) For the purpose of a violation ticket issued to the owner of a motor vehicle in respect of an offence under section 83.1 (2) or 83.1 (2.1) of the Motor Vehicle Act but without limiting the application of subsection (1) of this section,

(a) the violation ticket may be created, completed and signed in electronic format by electronic or any other means that allows the violation ticket to be reproduced in intelligible form including, without limitation, electronically,

(b) in place of signing the violation ticket under subsection (1), the enforcement officer may identify himself or herself as the person making and authenticating the violation ticket by means of an electronic reproduction of his or her signature that is capable of being assigned to that violation ticket only by that enforcement officer,

(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad,

(d) if the violation ticket including the enforcement officer's signature is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purposes of subsections (5) and (6),

(e) if the violation ticket including the enforcement officer's signature is in electronic format, it may be received, transmitted, stored or sent electronically,

(f) if the violation ticket is sent to the Insurance Corporation of British Columbia in paper format for storage, the corporation may convert it to and store it in electronic format, and

(g) if the Insurance Corporation of British Columbia has stored the violation ticket in electronic format under paragraph (e) or (f),

(i) the corporation may provide the violation ticket or a copy of it by reproducing it in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and

(ii) the reproduction referred to in subparagraph (i) has the same effect for all purposes as if it were an original document, if the reproduction

(A) is certified in writing by an officer of the corporation as being a true reproduction of all the information on the violation ticket, or

(B) contains a statement that it is an authentic reproduction of all the information on a violation ticket stored in a database in electronic format by the corporation.

(3) A violation ticket is valid even though it is not taken under oath.

(4) A violation ticket must be in the prescribed form and must contain all of the following:

(a) a statement of the alleged contravention;

(b) a statement of the ticketed amount applicable to the alleged contravention;

(c) an address to which a notice disputing the allegation or the fine portion of the ticketed amount may be delivered;

(d) a statement that if the allegation or fine is not disputed in the manner and within the time provided in this Act

(i) the violation ticket will be treated as not disputed,

(ii) the person on whom the ticket is served will be deemed to have pleaded guilty to the alleged contravention, and

(iii) the ticketed amount indicated on the ticket will be payable to the government.

(5) Subject to subsection (6), the violation ticket must be sent to the Insurance Corporation of British Columbia and a copy of it must be served on the person alleged to have contravened the enactment.

(6) A copy of a violation ticket issued in respect of an offence by an owner of a motor vehicle under section 83.1 (2) or 83.1 (2.1) of the Motor Vehicle Act may be sent

(a) by ordinary mail to the address of the owner as set out in the records of the Insurance Corporation of British Columbia, or

(b) by registered mail to the address of the owner as set out in the records of the Insurance Corporation of British Columbia.

(7) If service is required by this section, an enforcement officer may serve a copy of the violation ticket on the person alleged to have contravened the enactment immediately after the alleged contravention or may cause the copy to be served in the same manner as a summons is required to be served under this Act.

(8) The use on a violation ticket of

(a) any word or expression authorized by the regulations made under this Act or another Act to designate an offence, or

(b) a general description of an offence

is deemed sufficient for all purposes to describe the offence designated by that word or expression.

(9) Subject to subsection (10), the person on whom the violation ticket is served may

(a) dispute an allegation or the amount of the fine portion of the ticketed amount indicated on the ticket in accordance with section 15, or

(b) pay the ticketed amount indicated on the ticket in accordance with the prescribed instructions.

(10) In the case of a violation ticket issued in respect of an offence under section 83.1 (2) or 83.1 (2.1) of the Motor Vehicle Act, the person

(a) on whom the ticket is served, or

(b) to whom the ticket is mailed under subsection (6) of this section,

may

(c) dispute an allegation or the amount of the fine portion of the ticketed amount indicated on the ticket in accordance with section 15 of this Act, or

(d) pay the ticketed amount indicated on the ticket in accordance with the prescribed instructions.

(11) If a person pays all or a portion of the ticketed amount indicated on a violation ticket in accordance with subsection (9) or (10), the person is deemed to have pleaded guilty to the alleged contravention and the unpaid portion of that ticketed amount is immediately payable to the government.

(1) A person on whom a violation ticket has been served may, within 30 days of being served, dispute the allegation or the fine portion of the ticketed amount indicated on the ticket by

(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or

(b) appearing in person at the location set out in the ticket to give notice of dispute.

(2) A person to whom a violation ticket has been mailed under section 14 (6) (a) but on whom the ticket has not been served may, within 45 days from the date the ticket is completed, dispute the allegation or the fine portion of the ticketed amount indicated on the ticket by

(a) delivering or causing to be delivered to the address set out in the ticket a written notice of dispute, or

(b) appearing in person at the location set out in the ticket to give notice of dispute.

(3) A notice of dispute under this section must contain an address for the person disputing the allegation or fine and sufficient information to identify the violation ticket and the alleged contravention or the fine being disputed.

(4) For the purpose of this section, a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed.

(5) When the notice of dispute containing the information referred to in subsection (3) is delivered to the address set out in the violation ticket or given at the location set out in the violation ticket, a copy of the violation ticket must be referred to the Provincial Court for a hearing.

(6) If a copy of the violation ticket is referred to the Provincial Court under subsection (5),

(a) a notice of hearing, or

(b) a notice of appearance

must be sent to the person disputing the allegation or fine at the address set out in the notice of dispute.

(7) A copy of a violation ticket referred to the Provincial Court under subsection (5) may be

(a) a microfilm or other photographic reproduction of the violation ticket that is certified in writing by an officer of the Insurance Corporation of British Columbia as being a true reproduction of the ticket, or

(b) a reproduction of electronically stored information, whether in electronic or paper format or on any other record that enables the information to be subsequently displayed or immediately accessible in visible form, that

(i) is certified in writing by an officer of the Insurance Corporation of British Columbia as being a true reproduction of all the information on the violation ticket, or

(ii) contains a statement that it is an authentic reproduction of all the information on a violation ticket stored in a database in electronic format by the corporation,

and the reproduction is deemed to be a copy of the violation ticket.

(8) When the Provincial Court receives a copy of a violation ticket, the court has jurisdiction to try, determine and adjudge proceedings relating to the violation ticket in accordance with section 8.

(9) If a person appears before the Provincial Court at the hearing or appearance on the date set by a notice under subsection (6), section 58 does not apply with respect to the person and the court has jurisdiction to hear the dispute without

(a) examining the notice of dispute, the notice of hearing or the notice of appearance, or

(b) inquiring into the service of the ticket on the person.

(9.1) If a person fails to appear before the Provincial Court at the hearing or appearance on the date set by a notice under subsection (6), the person may, within 30 days after that date, appear before a justice for a determination of whether or not the failure to appear was the person's fault.

(10) If a person appears before a justice under subsection (9.1) and the justice is satisfied by affidavit in the prescribed form that the failure to appear was not the person's fault, the justice must

(a) cause a new date to be set for the hearing or appearance, and

(b) order the Insurance Corporation of British Columbia or the superintendent to cancel or cease any administrative action that has been taken or commenced by the corporation or the superintendent, as the case may be, as a consequence of the person's failure to appear.

Note: there is now a $31 fee for filing an affidavit under section 15 (10), even if it is the government's fault that you were notified late!

(11) If a person fails to appear before the Provincial Court at the hearing or appearance

(a) on the date set by a notice under subsection (6), or

(b) on any other date set by a justice for a hearing or an appearance in relation to the violation ticket,

the allegation or fine is deemed not to be disputed and section 16 (1) applies.

(1) If a person is served with a violation ticket under section 14, and

(a) the person does not pay the fine or portion of the fine or dispute the allegation or fine in accordance with section 15, and

(b) at least 30 days have elapsed after the ticket was served on the person,

the person is deemed to have pleaded guilty to the alleged contravention and the fine indicated in the ticket is payable to the government as if it were a fine imposed by the Provincial Court.

(2) Subject to subsection (3), if a person who is served with a violation ticket, through no fault of the person, has not had an opportunity to dispute the allegation or the amount of the fine and not more than 14 days have elapsed since the expiry of the dispute period referred to in section 15, the person may appear before a justice and the justice, on being satisfied by affidavit in the prescribed form of the facts, must strike out the conviction, if any, and allow the person to dispute the allegation or the amount of the fine in accordance with section 15.

(3) If a person to whom a violation ticket is mailed under section 14 (6) (a) but on whom the ticket has not been served,

(a) through no fault of the person, has not had an opportunity to dispute the allegation or the amount of the fine, and

(b) was deemed to have pleaded guilty to the alleged contravention on the ticket under section 14 (11) or 15 (12), and not more than 30 days have elapsed since the conviction first came to the attention of the person,

the person may appear before a justice and the justice, on being satisfied of the facts by affidavit in the prescribed form, must strike out the conviction and cause a new date to be set for a hearing or appearance in relation to the violation ticket.

(3.1) For the purposes of a hearing or appearance set in relation to a violation ticket under subsection (3),

(a) the affidavit referred to in subsection (3) constitutes a notice of dispute under section 15 and is deemed to have been given in accordance with section 15 (5) by the person to whom the ticket was mailed, and

(b) section 15 (5) to (10) and (12) applies.

(4) If a conviction is struck out under subsection (2) or (3), the justice must, on request, give the person a certificate of the fact in the prescribed form.

(5) Nothing in subsection (1) is to be construed as abrogating the right of a person to appeal the conviction under section 102.

Rev: 1999.10.26