Comparative Chart – Bylaw Notices, MTI & Offence Act Prosecution
The chart compares Bylaw Notices, Municipal Ticket Information, and Offence Act Prosecutions, highlighting differences in legal authority, initiation, and penalties. It details procedural aspects, from notice requirements to dispute resolution methods, and penalty variation based on adjudication or court ruling. It also outlines the avenues for appeal and the standard of proof required, distinguishing between administrative and judicial processes.
| Bylaw Notice (BN) | Municipal Ticket Information (MTI) | Offence Act Prosecution | |
|---|---|---|---|
| Legal Authority | Local Government Bylaw Notice Enforcement Act | Community Charter or Vancouver Charter | Community Charter or Vancouver Charter; Offence Act |
| Legal Initiation | Bylaw Notice (BN) issued by enforcement officer | Municipal Ticket Information (MTI) sworn by enforcement officer | Court-issued Summons based on sworn “Form 2” Information |
| Notice Requirements | BN must contain prescribed information, may include additional information as determined by local government | MTI must be complete and in the prescribed form | Summons must be complete and in the prescribed form |
| Single occurrence penalties | Ticket fine amount as in the bylaw with a limit of $500 | Ticket fine amount as in the bylaw with a limit of $3000 | Court may impose all or part of the applicable fine amount. Bylaw limit for municipalities other than Vancouver is $50,000 unless otherwise provided in authorizing statute. |
| Variation of penalties | Adjudicator cannot modify the ticket fine amount | The Judicial Justice or Judge must consider the means and ability of the defendant to pay the fine. If the justice believes that the defendant is unable to pay the full amount of the fine, the justice may impose a fine in a lesser amount that the justice considers appropriate | The Judicial Justice or Judge must consider the means and ability of the defendant to pay the fine. If the justice believes that the defendant is unable to pay the full amount of the fine, the justice may impose a fine in a lesser amount that the justice considers appropriate |
| Mandatory Court attendance? | No – payment or dispute in administrative adjudication | No – payment or dispute in Provincial Court | Yes – Summons has been issued and appearance in Provincial Court required |
| Dispute the allegation? | Yes – a person may send a notice of dispute to the local government in accordance with instructions on the BN | Yes – a person may send a notice of dispute to local government by mail or in person at the address set out on the MTI | Mandatory appearance in court occurs on date in Summons when accused may indicated whether they wish to plead guilty or not guilty |
| Hearing location | Determined by the local government | Courthouse | Courthouse |
| Decision-maker | All BN matters under the LGBNEA determined by an independent adjudicator | Bylaw matters generally determined by Judicial Justice or Judge of the Peace in Provincial Court. | Bylaw matters generally determined by Judicial Justice of the Peace or Judge in Provincial Court. |
| Burden of proof | On a balance of probabilities (civil standard) | Beyond a reasonable doubt (criminal standard) | Beyond a reasonable doubt (criminal standard) |
| Rules of evidence | An adjudicator may accept any evidence the adjudicator considers to be credible, trustworthy and relevant to the dispute An adjudicator may accept evidence in any manner the adjudicator considers appropriate including, without limitation, orally, in writing, or electronically. The technical and legal rules of evidence do not apply, except the rules relating to privileged communications. | A justice may admit as evidence any oral or written testimony or any record or item that the justice considers is relevant to an issue in the trial and is credible and trustworthy. A justice may not admit anything that is privileged under the laws of evidence. | A justice may admit as evidence any oral or written testimony or any record or item that the justice considers is relevant to an issue in the trial and is credible and trustworthy. A justice may not admit anything that is privileged under the laws of evidence. |
| Avenue of appeal / Judicial Review | Decisions of adjudicators may not be appealed. An party to the dispute may make an application to the Supreme Court for judicial review within 30 days after the adjudicator makes their determination. | A conviction, acquittal or sentence as a result of a court hearing or an order of a justice may be appealed to the Supreme Court. | A conviction, acquittal or sentence as a result of a court hearing or an order of a justice may be appealed to the Supreme Court. |