Definitions

1  In this Act:

"clerk of the peace" includes the proper officer of the court that has jurisdiction in an appeal under this Act;

"common jail" or "prison" means any place, other than a penitentiary, in which persons charged with offences are usually kept and detained in custody;

"district" or "county" includes any territorial or judicial division or place in and for which there is a judge, justice, justice's court, officer or prison as is mentioned in the context;

"enforcement officer" means any person or class of persons designated as an enforcement officer under section 132;

"fine" includes any supplemental fine amount, or other additional monetary penalty, established under an enactment;

"informant" means a person who lays an information or an enforcement officer who signs a violation ticket;

"information" includes

(a) a violation ticket,

(b) a count in an information or in a violation ticket, and

(c) a complaint in respect of which a justice is authorized to make an order;

"justice" means a justice of the peace, and includes 2 or more justices, if 2 or more justices act or have jurisdiction, and a judge of the Provincial Court or any person who has the power or authority of 2 or more justices of the peace;

"optional conditions" means the conditions referred to in section 89.2 that may be included in a probation order;

"order" includes an order for the payment of money;

"probation order" means a probation order made under section 89;

"proceedings" means

(a) proceedings in respect of offences, and

(b) proceedings in which a justice is authorized by an enactment to make an order;

"prosecutor" means an informant or the Attorney General or their respective counsel or agents;

"territorial division" means a district, county, township, city, town or other judicial division or place;

"ticketed amount" means, in relation to an alleged contravention of an enactment, for which a violation ticket is issued under section 14, the aggregate of the following amounts:

(a) the fine prescribed for the contravention or, if 2 fines are prescribed for the contravention, the fine payable at the time of payment;

(b) the victim surcharge levy to be paid with that fine under section 8.1 of the Victims of Crime Act;

"trial" includes the hearing of a complaint;

"violation ticket" means a violation ticket referred to in section 14 as prescribed under section 132 (2) (a.1) but does not include the instructions prescribed under section 132 (2) (a.3).

Offence punishable on summary conviction

2  An offence created under an enactment is punishable on summary conviction.

Application to proceedings

3  (1) Except where otherwise provided by law, this Act applies to proceedings as defined in section 1.

(2) If no time is specially limited for making a complaint or laying an information in the Act or law relating to the particular case, proceedings must not be instituted more than 6 months after the time when the subject matter of the proceedings arose.

(3) An action or suit must not be brought for a penalty or forfeiture under an Act except within 6 months after the cause of action arises, unless the time is otherwise limited by the Act.

General penalty

4  Unless otherwise specifically provided in an enactment, a person who is convicted of an offence is liable to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.

General offence

5  A person who contravenes an enactment by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence against the enactment.

Absolute liability offences

6  Despite section 4 or the provisions of any other Act, no person is liable to imprisonment with respect to an absolute liability offence.

Right to telephone

7  (1) Every person who is taken into custody by a peace officer is entitled, on request to the person responsible for his or her custody, to have access to, and the private use of, a telephone as soon as possible at least once during the first 12 hours of his or her custody.

(2) A person who, without reasonable excuse, hinders or prevents a person in custody from exercising the right granted by subsection (1), commits an offence.

Jurisdiction

8  Subject to section 2.1 of the Provincial Court Act, every justice has jurisdiction to try, determine and adjudge proceedings to which this Act applies in the territorial division over which the justice has jurisdiction.

On water or near boundary

9  (1) For this Act, if an offence is committed in or on any water or on a bridge between 2 or more territorial divisions, the offence is deemed to be committed in any of the territorial divisions.

(2) For this Act, if an offence is committed on the boundary of 2 or more territorial divisions or within 450 m of a boundary, or the offence was commenced in one territorial division and completed in another, the offence is deemed to be committed in any of the territorial divisions.

Judicial notice

10  (1) Judicial notice must be taken of the following:

(a) a proclamation or order of the Lieutenant Governor in Council;

(b) a regulation made by the Lieutenant Governor in Council under an Act;

(c) a regulation made under an Act;

(d) a regulation published in the Gazette.

(2) Judicial notice must be taken of the publication of any of the matters referred to in subsection (1).

(3) An order or conviction must not be quashed or set aside, and a defendant must not be discharged, merely because evidence has not been given of any of the matters referred to in subsection (1).

Use of data records

10.1  (1) In this section, "data record" means a record in an electronic or other format but does not include a record in paper format.

(2) If a rule of law, custom or practice requires information to be recorded or presented in writing, the requirement is deemed to be satisfied if the information is recorded or presented in a format that enables the information to be subsequently displayed or immediately accessible in visible form.

(3) If a rule of law, custom or practice requires information to be signed or endorsed, the requirement is deemed to be satisfied in the case of a data record if

(a) a method of authentication is used to indicate

(i)   by whom the data record was created or communicated, and

(ii)   that the person who is required to sign or endorse the record approved of the information in the record, and

(b) the method of authentication is reliable and appropriate for that data record.

(4) If a rule of law, custom or practice requires information to be presented in its original form, the requirement is deemed to be satisfied in the case of a data record by the presentation of the data record or a paper copy of the data record if there is a reasonable assurance as to the integrity of the information being presented.

(5) A data record is deemed to maintain the integrity of the information being presented even though the information in the data record is modified if

(a) any modifications to the information in the data record are documented in a manner that records the name of the person authorizing the modification, the name of the person making the modification, the date and time when the modification was made and the content of the modification, and

(b) the information referred to in paragraph (a) is available for presentation.

(6) A person who uses a data record for the purpose of making a statement under oath must, instead of swearing or affirming an oath, sign a statement in accordance with subsection (3) that all matters contained in the data record are true to the person's knowledge and belief, and a data record containing such a statement is deemed to be made under oath.

(7) This section must not be construed to limit the use of a data record or to prevent the signing, endorsement or presentation of a data record in any other manner authorized under an enactment or allowed by a court.

Commencing proceedings

11  Subject to the Motor Vehicle Act, proceedings must be commenced by the laying of an information in Form 2 or by means of a violation ticket under section 14.

One justice

12  Despite any other law that requires an information to be laid before, or to be tried by, 2 or more justices, one justice may

(a) receive the information,

(b) issue a summons or warrant with respect to the information, and

(c) do all other things preliminary to the trial.

Formalities of an information

13  (1) An information

(a) must be in writing and, except for an information laid by means of a violation ticket under section 14, must be under oath, and

(b) may charge more than one offence or relate to more than one matter of complaint, but if more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint must be set out in a separate count.

(2) An information in respect of an offence for which, because of previous convictions, a greater punishment may be imposed must not contain any reference to previous convictions.

(3) If a matter is prescribed for the purpose of section 4 (2) of the Local Government Bylaw Notice Enforcement Act, no proceeding may be commenced by an information, including a violation ticket, under this Act in respect of the contravention of a local government or City of Vancouver bylaw made in relation to the matter.

Violation ticket

14  (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 (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 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;

(e) in the case of a violation ticket issued in respect of an offence under section 83.1 (2) or (2.1) of the Motor Vehicle Act, a statement that if the allegation or fine is disputed within the time provided in section 15 (2) of this Act but the person to whom the ticket was mailed fails to appear before the Provincial Court to dispute the allegation or fine on a date referred to in section 15 (11) (a) or (b),

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

(ii)   the person 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.

(5.1) A violation ticket that is sent to the Insurance Corporation of British Columbia under subsection (5) is not insufficient or invalid only because the instructions prescribed for the violation ticket under section 132 (2) (a.3) are not sent to the Insurance Corporation of British Columbia with the violation ticket.

(6) A copy of a violation ticket issued in respect of an offence by an owner of a motor vehicle under section 83 (2.1) or 83.1 (2) or (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, or cause to be served, a copy of the violation ticket on the person alleged to have contravened the enactment

(a) immediately after the alleged contravention,

(b) in the same manner as a summons is required to be served under this Act, or

(c) outside the province in accordance with section 14.1.

(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 (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.

Service of violation tickets outside British Columbia

14.1  (1) A copy of a violation ticket may be served outside British Columbia in accordance with this section.

(2) A copy of a violation ticket may be served outside British Columbia on an individual by an enforcement officer who must deliver it personally to the individual to whom it is issued.

(3) A copy of a violation ticket may be served outside British Columbia on a corporation that does not have a registered or branch office in British Columbia

(a) by an enforcement officer who must deliver it to a director, or to a manager, secretary or other executive officer, of the corporation or a branch of it, or

(b) if after hearing evidence that a person referred to in paragraph (a) cannot be conveniently found, a justice so orders, by leaving it at, or by mailing it by registered post addressed to, the registered or principal office of the corporation.

(4) Service under this section may be proven

(a) as authorized under section 31, or

(b) by affidavit of the enforcement officer who effected service stating when, where and how service was effected.

Disputing violation ticket

15  (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 or to an address set out in the instructions prescribed under section 132 (2) (a.3) a written notice of dispute, or

(b) appearing in person at the location set out in the ticket or at a location set out in the instructions prescribed under section 132 (2) (a.3) 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 or to an address set out in the instructions prescribed under section 132 (2) (a.3) a written notice of dispute, or

(b) appearing in person at the location set out in the ticket or at a location set out in the instructions prescribed under section 132 (2) (a.3) 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) A copy of the violation ticket must be referred to the Provincial Court for a hearing when the notice of dispute containing the information referred to in subsection (3) is

(a) delivered to the address set out in the violation ticket or the address set out in the instructions prescribed under section 132 (2) (a.3), or

(b) given at the location set out in the violation ticket or the instructions prescribed under section 132 (2) (a.3).

(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.

(8.1) A copy of a violation ticket that is referred to the Provincial Court under subsection (5) and received by the Provincial Court under subsection (8) is not insufficient or invalid only because the instructions prescribed for the violation ticket under section 132 (2) (a.3) are not referred to and received by the Provincial Court with the violation ticket, and 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,

(b) inquiring into the service of the ticket on the person, or

(c) inquiring into whether the person received instructions prescribed for the ticket under section 132 (2) (a.3).

(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.

(11) Subject to subsection (12), 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, the Provincial Court must not try, determine or adjudge the proceedings and section 16 (1) applies.

(12) If a person to whom a violation ticket is mailed under section 14 (6) (a) fails to appear before the Provincial Court on a date referred to in subsection (11) (a) or (b) of this section,

(a) the allegation or fine is deemed not to be disputed and the Provincial Court must not try, determine or adjudge the proceedings,

(b) the person is deemed to have pleaded guilty to the alleged contravention, and

(c) the ticketed amount indicated on the ticket is immediately payable to the government.

Evidence admissible in trial on a violation ticket

15.1  (1) Despite section 60, a justice hearing the trial on a violation ticket may admit as evidence, whether or not it would be admissible under the laws of evidence, any oral or written testimony or any record or thing that the justice considers is

(a) relevant to an issue in the trial, and

(b) credible and trustworthy.

(2) A justice may not admit under subsection (1) anything that is privileged under the laws of evidence.

Procedures in trial on a violation ticket

15.2  (1) Despite section 60, but subject to the applicable Rules of Court, a justice hearing the trial on a violation ticket may adopt procedures that are conducive to justly and expeditiously determining the matter.

(2) On a trial of a violation ticket, the prosecutor may appear and prosecute

(a) by video conferencing, if video conferencing equipment is available at the location of the Provincial Court where the trial is held, or

(b) by telephone.

Certificate evidence of prescribed violation ticket offence admissible

15.3  (1) If a hearing required under section 15 (5) is in respect of a prescribed offence, a certificate in the prescribed form, purporting to be signed by an enforcement officer and setting out evidence of the alleged offence, is admissible in the hearing without proof of the signature or official character of the enforcement officer appearing to have signed the certificate and is proof of the facts certified in it unless there is evidence to the contrary.

(2) For the purpose of a certificate under subsection (1),

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

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

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

(3) A person against whom a certificate under this section is produced may, with leave of the court, require the attendance of the enforcement officer who signed the certificate, for the purpose of cross-examination, if in the opinion of the court cross-examination is necessary to determine a relevant issue before the court.

(4) The Lieutenant Governor in Council may make regulations for the purposes of this section, including regulations prescribing

(a) the offences in respect of which a certificate under subsection (1) is admissible, and

(b) the form of a certificate under subsection (1).

Disputing fine amount in writing

15.4  (1) A person who delivers a notice of dispute under section 15 (1) or (2) in respect of only the fine portion of the ticketed amount indicated on a violation ticket may include with the notice, in the prescribed form,

(a) a statement that he or she does not want to appear in person for a hearing of the dispute, and

(b) written reasons for requesting

(i)   a reduction in the fine amount, or

(ii)   time to pay under section 82 (2) (b).

(2) If a notice of dispute includes the form referred to in subsection (1),

(a) the hearing required by section 15 (5) is satisfied by the consideration under paragraph (c),

(b) section 15 (6) and (8) to (12) does not apply to the dispute,

(c) the justice to whom the matter is referred must consider the reasons provided under subsection (1) (b) and make an order in the dispute in accordance with this Act, and

(d) the order of the justice under paragraph (c) may be sent by ordinary mail to the person who delivered the notice under section 15 (1) or (2).

(3) An order of a justice sent under subsection (2) (d) is deemed to have been received on the 7th day after the date of mailing.

Failure to respond to ticket

16  (1) If a person who has been served with a violation ticket under section 14 has not, within 30 days after the ticket was served on the person, either paid all or a portion of the ticketed amount or disputed the allegation or the fine portion of the ticketed amount in accordance with section 15,

(a) the person is deemed to have pleaded guilty to the alleged contravention, and

(b) the ticketed amount indicated on the ticket is immediately payable to the government.

(2) Subject to subsection (3), if a person who

(a) is served with a violation ticket, and

(b) is convicted under section 15 or deemed to have pleaded guilty under subsection (1)

wishes to dispute the allegation or the amount of the fine, the person must apply to a justice and the justice, on being satisfied of the matters in subsection (2.1) by affidavit in the prescribed form and with or without hearing from the applicant, may make an order striking out the conviction, if any, and allowing the person to dispute the allegation or the amount of the fine portion of the ticketed amount in accordance with sections 15 to 15.4.

(2.1) Before making an order under subsection (2) allowing a dispute to proceed, a justice must be satisfied that

(a) through no fault of the defendant, he or she did not have an opportunity to dispute the allegation or the amount of the fine,

(b) the defendant had a genuine intention to dispute the ticket before the dispute period under subsection (1) expired,

(c) no undue prejudice will result from the extension of the dispute period,

(d) the defendant has an arguable defence to the violation ticket, and

(e) it is in the interests of justice to allow the dispute to proceed.

(3) If a person

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

(b) who was deemed to have pleaded guilty to the alleged contravention on the ticket under section 14 (11) or 15 (12)

wishes to dispute the allegation or the amount of the fine, the person must apply to a justice and the justice, on being satisfied of the matters in subsection (3.2) by affidavit in the prescribed form and with or without hearing from the applicant, may make an order striking out the conviction, if any, and allowing the person to dispute the allegation or the amount of the fine portion of the ticketed amount in accordance with sections 15 to 15.4.

(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.

(3.2) Before making an order under subsection (3) allowing a dispute to proceed, a justice must be satisfied that

(a) through no fault of the defendant, he or she did not have an opportunity to dispute the allegation or the amount of the fine, and

(b) less than 30 days elapsed between the date the conviction first came to the attention of the defendant and the date the defendant made the application under subsection (3).

(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.

(6) A person to whom subsection (2) or (3) applies may not appeal to the appeal court from

(a) a conviction to which those subsections apply, or

(b) an order under those subsections.

Conviction need not be entered

17  If a person is deemed to have pleaded guilty to an alleged contravention under section 14 (11), 15 (12) or 16 (1) or is found guilty of an alleged contravention by the Provincial Court, no minute or memorandum of the conviction need be drawn up or entered unless it is required by the person or a prosecutor or under the enactment contravened.

Cancellation of violation ticket

18  (1) The Insurance Corporation of British Columbia must cancel a violation ticket that does not disclose an offence on its face.

(2) A person designated under subsection (5) may cancel a violation ticket

(a) that, through no fault of the person named on the ticket, was served on a person other than the person so named, and

(b) in respect of which the person named on the ticket was deemed to have pleaded guilty under section 14 (11), 15 (12) or 16 (1).

(3) A person designated under subsection (5) may cancel a violation ticket that was mailed to a person under section 14 (6) if the person named on the ticket was deemed to have pleaded guilty under section 14 (11) but, through no fault of the person named on the ticket, all or a portion of the ticketed amount indicated on the ticket was paid by a person other than the person named.

(4) A violation ticket that has been cancelled under this section is void and any conviction with respect to the ticket is deemed never to have occurred.

(5) For the purposes of subsections (2) and (3), the Assistant Deputy Attorney General, Criminal Justice Branch, may designate in writing one or more persons.

Assistant Deputy Minister's directives

18.1  (1) The Insurance Corporation of British Columbia, in carrying out its responsibilities under this Act, must act in accordance with any directives issued by the Assistant Deputy Attorney General, Criminal Justice Branch.

(2) For the purposes of subsection (1), the Assistant Deputy Attorney General, Criminal Justice Branch, may issue general or specific directives.

Jurisdiction of justices

19  (1) Nothing in this Act or any other law requires a justice before whom proceedings are commenced, or who issues process before or after the trial, to be the justice or one of the justices before whom the trial is held.

(2) If 2 or more justices have jurisdiction with respect to proceedings, they must be present and act together at the trial, but after the trial one justice may do anything that is required or authorized to be done in connection with the proceedings.

(3) Subject to section 20, only the justice before whom the trial is commenced has jurisdiction for the trial and adjudication, but any justice may adjourn the proceedings at any time

(a) before the plea of the defendant is taken, or

(b) after the plea of the defendant is taken but before the trial is commenced.

(4) A justice who

(a) adjourns a proceeding under subsection (3) (a) or (b), or

(b) terminates a proceeding under section 31 (5) of the Provincial Court Act

is not seized of the matter to which the proceeding relates.

Inability of justice to continue

20  (1) If a trial is commenced before a justice and that justice dies or is for any reason unable to continue the trial, another justice for the same territorial division may act in the place of the justice before whom the trial was commenced.

(2) A justice who, under subsection (1), acts in the place of a justice before whom a trial was commenced

(a) must, if an adjudication has been made by the justice in whose place he or she acts, impose the punishment or make the order that, in the circumstances, is authorized by law, or

(b) must, if an adjudication has not been made by the justice in whose place he or she acts, commence the trial again as a new trial.

Search warrants

21  (1) A justice who is satisfied by information on oath in Form 1 that there is reasonable ground to believe that there is in a building, receptacle or place

(a) anything on or in respect of which an offence has been or is suspected to have been committed, or

(b) anything that there is reasonable ground to believe will afford evidence as to the commission of such an offence

may issue and sign a warrant authorizing a person named in it or a peace officer to search the building, receptacle or place for that thing, and to seize the thing and to bring it or a report of it before the justice who issued the warrant or another justice for the same territorial division, to be dealt with under section 24.

(2) If the building, receptacle or place in which anything mentioned in subsection (1) is believed to be is in another territorial division, the justice may issue a warrant in a similar form, modified according to the circumstances, and the warrant may be executed in the other territorial division after it has been endorsed in Form 16 by a justice who has jurisdiction in that territorial division.

(3) An endorsement made on a warrant under subsection (2) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the things to which it relates before the justice who issued the warrant or some other justice for the same territorial division.

(4) A warrant issued under this section must be executed by day, unless the justice, by the warrant, authorizes execution of it by night.

(5) A search warrant issued under this section may be in Form 3.

(6) If a thing is seized under this section, as soon as reasonably possible after the seizure, the person who executed the warrant must bring the thing, or a report of the thing, before a justice to be dealt with under section 24.

Telewarrants

22  (1) If a peace officer believes that an offence punishable on conviction has been committed and that it would be impracticable to appear personally before a justice to apply for a warrant in accordance with section 21, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for that purpose by the chief judge of the Provincial Court.

(2) An information submitted by telephone or other means of telecommunication must be on oath and must be recorded word for word by the justice, who must, as soon as practicable, cause the record or a transcription of it, certified by the justice as to time, date and contents, to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

(3) An oath under subsection (2) may be administered by telephone or other means of telecommunication.

(4) An information on oath submitted by telephone or other means of telecommunication must include all of the following:

(a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;

(b) a statement of the offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;

(c) a statement of the peace officer's grounds for believing that the items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched;

(d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

(5) A justice who is satisfied that an information submitted under this section

(a) concerns an offence punishable on conviction under an enactment,

(b) conforms to the requirements of subsection (4),

(c) discloses reasonable grounds for dispensing with an information presented personally and in writing, and

(d) discloses reasonable grounds, in accordance with section 21 (1) (a) or (b), for the issuance of a warrant in respect of an offence

may issue a warrant to a peace officer that

(e) confers the same authority respecting search and seizure as may be conferred by a warrant issued under section 21, and

(f) requires the warrant to be executed within a period of time that the justice may order.

(6) If a justice issues a warrant by telephone or other means of telecommunication, the following rules apply:

(a) the justice must complete and sign the warrant in Form 4, noting on its face the time, date and place where it is issued;

(b) the peace officer, on the direction of the justice, must complete, in duplicate, a facsimile of the warrant in Form 4, noting on its face the name of the justice who issued it and the time, date and place where it was issued;

(c) the justice must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

(7) A peace officer who executes a warrant issued by telephone or other means of telecommunication must, before entering the place or premises to be searched or as soon as practicable after entering, give a facsimile of the warrant to any person present who appears to be in control of the place or premises.

(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication must, on entering the place or premises or as soon as practicable after entering, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

(9) A peace officer to whom a warrant is issued by telephone or other means of telecommunication must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not longer than 7 days after the warrant has been executed, and the report must include

(a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed,

(b) a statement of the things, if any, that were seized under the warrant and the location where they are being held, and

(c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer's grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.

(10) As soon as reasonably possible, the clerk of the court with whom a written report is filed under subsection (9) must cause the report, together with the information on oath and the warrant to which it pertains, to be brought before a justice to be dealt with under section 24.

(11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information on oath, transcribed and certified by the justice as to time, date and contents, or of the original warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

Seizure of things not specified

23  (1) A person who executes a warrant under section 21 or 22 may seize, in addition to the things mentioned in the warrant, anything that on reasonable grounds the person believes has been obtained by, or has been used in, the commission of an offence.

(2) If a thing is seized under subsection (1), as soon as reasonably possible after the seizure, the person who executed the warrant must bring the thing, or a report of the thing, before a justice to be dealt with under section 24.

(3) For the purposes of subsection (2), the thing or report must be brought,

(a) in the case of a warrant under section 21, before the justice who issued the warrant or another justice for the same territorial division, and

(b) in the case of a warrant under section 22, before the justice before whom the report is brought under section 22 (10).

(4) If a thing is seized from a person by a peace officer in the execution of his or her duties otherwise than under section 21 or 22 or subsection (1) of this section, as soon as reasonably possible after the seizure, the peace officer must

(a) return it to the person from whom it was seized, if the peace officer is satisfied that continued detention of the thing is no longer required and that there is no dispute that the person from whom it was seized is lawfully entitled to possession, or

(b) bring the thing, or a report of the thing, before a justice to be dealt with under section 24.

Detention of things seized

24  (1) In this section and sections 24.1 and 24.2:

"relevant proceedings" means a trial, inquiry or other proceeding in which the thing seized may be required;

"responsible official" means the prosecutor or the peace officer or other person having custody of the thing seized;

"thing" means anything that has been seized and is brought before a justice as referred to in subsection (2).

(2) If a thing or report is brought before a justice under section 21, 22 or 23, the justice must proceed as follows:

(a) unless the prosecutor otherwise agrees, the justice must order its detention;

(b) if paragraph (a) does not apply and the person lawfully entitled to possession is known, the justice must order its return to that person;

(c) if neither paragraph (a) nor (b) applies, the justice must order that it be held until dealt with under section 24.2.

(3) A thing may not be detained under subsection (2) (a) for longer than 3 months from the day of seizure unless

(a) relevant proceedings are instituted before the end of that period, or

(b) an order authorizing the continued detention is made on an application under subsection (5).

(4) More than one application under subsection (5) may be made in relation to a thing, but the application must be made

(a) to a Provincial Court judge, if the total period of detention is to be longer than one year from the day of seizure if the order is made, and

(b) to a justice in any other case.

(5) On application by the responsible official made on at least 3 days' notice to the person from whom the thing was seized, the judge or justice may make an order authorizing continued detention as follows:

(a) in the case of an application to a justice made before the period for detention has expired, the justice may order the continued detention for a specified period if satisfied that this continued detention is warranted having regard to the nature of the investigation;

(b) in the case of an application to a judge made before the period for detention has expired, the judge may order the continued detention for a specified period, subject to any conditions the judge considers just, if satisfied that this continued detention is warranted having regard to the nature of the investigation;

(c) in the case of an application made after the period for detention has expired, the judge or justice may order the continued detention for a specified period, subject to any conditions the judge or justice considers just, if satisfied that

(i)   the continued detention might reasonably be required for the purpose of an investigation or relevant proceedings, and

(ii)   it is in the interests of justice to make the order.

(6) As an exception to subsection (3) or an order under subsection (5), if an application under subsection (5) has been made but is not yet decided, the period authorized for detention of the thing extends until the application is decided.

Access to thing seized

24.1  (1) On at least 3 days' notice to the Attorney General, a person who has an interest in a thing detained under section 24 may apply to a Provincial Court judge for an order under subsection (2) that the person be permitted to examine the thing.

(2) The judge may make an order that the applicant or a representative of the applicant be permitted to examine the thing, but must make the order on terms that the judge considers necessary or desirable to ensure that the thing to be examined is safeguarded and preserved for any purpose for which it may subsequently be required.

(3) In the case of a thing seized that is a record, at any time while it is detained the Attorney General or responsible official may have a copy of the record made and may retain that copy even after the original is no longer detained.

(4) A copy under subsection (3) that is certified to be a true copy by

(a) the Attorney General,

(b) the person who made the copy, or

(c) the person in whose presence the copy was made

is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have had if it had been proved in the ordinary way.

Order for disposition of thing seized

24.2  (1) Unless otherwise provided by another enactment, an order for the disposition of a thing seized may be made by application under this section

(a) to a Provincial Court judge, in the case of a thing ordered detained by a judge of that court, or

(b) to a justice in any other case.

(1.1) Subsection (1) of this section does not apply if, under section 14.04 (1) (b) (iv) or 23.1 of the Civil Forfeiture Act, the director under that Act serves notice of forfeiture under Part 3.1 of that Act or notice of intent to commence proceedings, as the case may be, on the responsible official having custody of the thing seized, unless

(a) that notice is withdrawn under section 14.08 (a) or 23.1 (4) (a) (ii) of that Act, or

(b) in the case of notice of intent to commence proceedings, the 30 day period referred to in section 23.1 (4) (a) of that Act expires and no proceedings are commenced under section 3 of that Act in relation to the thing seized.

(2) An application under this section may be made as follows:

(a) by the person from whom the thing was seized, on at least 3 days' notice to the Attorney General, if

(i)   the total period for detention under section 24 has expired, or

(ii)   the judge or justice is satisfied that hardship will result unless the application is allowed to be heard earlier;

(b) by another person claiming to be lawfully entitled to possession of the thing, at any time on at least 3 days' notice to the Attorney General and to the person from whom the thing was seized;

(c) by a responsible official as required under subsection (3), on at least 3 days' notice to the person from whom the thing was seized.

(3) Unless an application is made under section 24 (5) (c), the responsible official must make an application under this section if

(a) the responsible official determines that the continued detention of a thing seized is no longer required, or

(b) the period for detention has expired and no proceedings have been instituted in which the thing seized may be required.

(4) Subject to subsection (5), on an application under this section, the judge or justice

(a) must order the thing returned to the person from whom it was seized, if that person is lawfully entitled to its possession,

(b) must order the thing returned to another person lawfully entitled to it, if this person is known and the person from whom the thing was seized is not lawfully entitled to its possession,

(c) if an order cannot be made under paragraph (a) or (b) because the thing has already been forfeited and sold or otherwise dealt with under paragraph (d) such that it cannot be returned to the applicant, must order that unless otherwise provided by law the applicant be paid the proceeds of sale or the value of the thing seized, and

(d) if an order is not made under paragraph (a) or (b), may order that the thing is forfeited to the government, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

(5) An order may be made under subsection (4) only if the judge or justice is satisfied that

(a) the total period for detention under section 24 has expired and relevant proceedings have not been instituted, or

(b) the total period for detention has not expired but the continued detention of the thing seized will not be required for the purpose of an investigation or relevant proceedings.

(6) A person aggrieved by an order under this section may appeal the order to the Supreme Court and, for the purposes of the appeal, sections 103 to 114 apply.

(7) Despite anything in this section, a thing must not be returned, forfeited or disposed of under an order under subsection (4) until the later of the following:

(a) 30 days after the order is made under subsection (4);

(b) if the order under subsection (4) is appealed, 30 days after the decision on the appeal has been given.

(8) This section does not apply if, in relation to a thing seized, proceedings are commenced under section 3 of the Civil Forfeiture Act or the property is forfeited and disposed of by the director under Part 3.1 of that Act.

Power to lay information or complaint

25  (1) A person may, on reasonable and probable grounds,

(a) lay an information before a justice

(i)   that any person, being within the jurisdiction of that justice, has committed or is suspected of having committed an offence or act for which the person is liable by law, on conviction, to be imprisoned, fined or otherwise punished, or

(ii)   that any person has committed or is suspected of having committed within British Columbia an offence or act for which the person is liable by law, on conviction, to be imprisoned, fined or otherwise punished, or

(b) make a complaint to a justice in relation to any matter on which the justice has authority by law to make an order for the payment of money or otherwise.

(2) The information or complaint may be in Form 2 or of similar effect.

Justice to hear informant or witnesses and issue a summons or warrant

26  (1) A justice who receives an information must

(a) hear and consider without the necessity of notice to any other person

(i)   the allegations of the informant, and

(ii)   the evidence of witnesses if the justice considers it desirable or necessary, and

(b) if the justice considers that a case for doing so is made out, issue a summons or warrant to compel the defendant to attend before the justice.

(2) A justice who hears the evidence of a witness under subsection (1) must

(a) take the evidence on oath, and

(b) have the evidence taken in accordance with section 540 of the Criminal Code, in so far as that section is capable of being applied.

(3) A justice must not sign a summons or warrant in blank.

Summons

27  A summons may be in one of the prescribed forms and must

(a) be directed to the defendant,

(b) set out briefly the offence in respect of which the defendant is charged, and

(c) require the defendant to appear at a time and place stated in the summons.

Service on individual

28  (1) Subject to subsection (3), a summons must be served by a peace officer or enforcement officer, who must deliver it personally to the person to whom it is directed, or, if that person cannot conveniently be found, must leave it for the person at the person's last or usual residence with an occupant of it who appears to be at least 16 years of age.

(2) For the purposes of the service of a summons in respect of an alleged offence under a bylaw of a municipality, a peace officer includes a bylaw enforcement officer appointed under section 36 of the Police Act.

(3) A summons in respect of an alleged offence under a bylaw of a municipality or regional district may be served in the manner set out in subsection (1) by a person appointed for that purpose by the council of the municipality or the board of the regional district.

(4) For the purposes of this section, a person appointed under subsection (3) has the legal status of a peace officer.

Service on a corporation or municipality

29  (1) Subject to subsection (2), if the defendant is a corporation, the summons must be served

(a) by delivering it to a director, or to a manager, secretary or other executive officer of the corporation or of a branch of it, or on the attorney of an extraprovincial company, or

(b) if after hearing evidence that a person referred to in paragraph (a) cannot be conveniently found, a justice so orders, by leaving it at, or mailing it by registered post addressed to, the registered or principal office of the corporation.

(2) If the defendant is a municipality or regional district, the summons may be served by delivering it

(a) in the case of the City of Vancouver, to the mayor or city clerk,

(b) in the case of another municipality, to the mayor or in accordance with section 159 [notice to municipality] of the Community Charter, and

(c) in the case of a regional district, to the chair of the regional district or in accordance with section 6.5 [giving notice to regional districts] of the Local Government Act.

Service of a copy

30  (1) If there is any reference in this Act to service of a summons, appearance notice or promise to appear or to a summons, appearance notice or promise to appear being served, the reference must be read as a reference to service of the summons, appearance notice or promise to appear or a copy of it, and a summons, appearance notice or promise to appear is sufficiently served if a copy of it is served.

(2) If a copy of a summons, appearance notice or promise to appear is served, the certificate referred to in section 31 (1) (b) may be endorsed on another copy of, or on, the summons, appearance notice or promise to appear.

Proof of service

31  (1) Service of a summons, violation ticket, appearance notice and promise to appear may be proved by

(a) the oral evidence given under oath of a person who served it, or

(b) the certificate of a person who served it, if the certificate is endorsed on a copy of the summons, violation ticket, appearance notice or promise to appear.

(2) The certificate referred to in subsection (1) (b) is proof of the authority of the person who signed it.

(3) The Insurance Corporation of British Columbia may electronically convert from paper format to electronic format or store or send in electronic format a certificate of service of a violation ticket issued in respect of an offence under section 83.1 (2) or (2.1) of the Motor Vehicle Act.

(4) If the Insurance Corporation of British Columbia has stored a certificate of service of a violation ticket in electronic format under subsection (3),

(a) the corporation may provide the certificate of service 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

(b) the reproduction referred to in paragraph (a) has the same effect for all purposes as an original of the certificate of service, if the reproduction

(i)   is certified in writing by an officer of the corporation as being a true reproduction of all the information on the certificate of service, or

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

Validation of service

31.1  If a document has been served in any manner, including electronically, the court may make an order validating the service if the court is satisfied that

(a) the document came to the notice of the person to be served, or

(b) the document was served in such a manner that it would have come to the notice of the person to be served except for the person's own attempts to evade service.

Service on Sunday or holiday

32  A warrant or summons authorized by this Act may be issued or executed on a Sunday or statutory holiday.

Copy of a warrant to be served

33  If a warrant is issued in the first instance for the arrest of a defendant, a copy of it must be served on the person who is arrested under it.

Contents of a warrant to arrest

34  (1) A warrant may be in Form 5 and must

(a) name or describe the defendant,

(b) set out briefly the offence in respect of which the defendant is charged, and

(c) order that the defendant be arrested and brought before the justice who issued the warrant or before another justice who has jurisdiction in the same territorial division, to answer to the charge and be further dealt with according to law.

(2) A warrant remains in force until it is executed and need not be made returnable at any particular time.

Formalities on a warrant

35  A warrant must be signed by a justice and may be directed

(a) to a peace officer by name,

(b) to a peace officer by name and all other peace officers in the territorial jurisdiction of the justice, or

(c) generally to all peace officers within the territorial jurisdiction of the justice.

Summons not to prevent a warrant

36  A justice may issue a warrant

(a) in Form 5 for the arrest of a defendant even if a summons has already been issued to require the appearance of the defendant, or

(b) in one of the prescribed forms, if

(i)   service of a summons is proved and the defendant does not appear,

(ii)   it appears that a summons cannot be served because the defendant is evading service, or

(iii)   service of an appearance notice or promise to appear is proved and the defendant does not attend court in accordance with the appearance notice or promise to appear.

Execution of a warrant

37  (1) A warrant may be executed by arresting the defendant wherever the defendant is found within the territorial jurisdiction of the justice who issued the warrant.

(2) A warrant may be executed by a person who is the peace officer named in the warrant or one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is in the territory for which the person is a peace officer.

Promise to appear

38  (1) In this section, "officer in charge" means

(a) the officer in command of the police force or police department, or of the designated policing unit or designated law enforcement unit as those terms are defined in section 1 of the Police Act, who is responsible for the lockup or other place to which a defendant is taken after arrest, or

(b) a peace officer designated by the officer referred to in paragraph (a) for this section who is in charge of the lockup or other place at the time the defendant is taken to that place to be detained in custody.

(2) If a justice issues a warrant under this Act for the arrest of a defendant, the justice may authorize the release of the defendant under subsection (3) by making an endorsement on the warrant in Form 17.

(3) If a person who has been arrested with a warrant issued under this Act is taken into custody, the officer in charge may, if the warrant has been endorsed by a justice under subsection (2), release the defendant on the defendant giving his or her promise to appear.

(4) If an enactment provides for the arrest of a person without the issuing of a warrant for the person's arrest and the person is taken into custody, the officer in charge may, despite the enactment under which the arrest is made, release the person on the person giving his or her promise to appear.

(5) A promise to appear must be in a prescribed form.

(6) A person who fails to comply with the conditions set out in a promise to appear commits an offence.

Appearance notice

39  (1) An appearance notice may be issued by

(a) a person who has a power to arrest without warrant under an enactment, and

(b) an enforcement officer, for contravention of an enactment in respect of which the regulations allow an enforcement officer to issue an appearance notice.

(2) An appearance notice must be in a prescribed form.

(3) A person who fails to comply with the conditions set out in an appearance notice commits an offence.

Procedure to procure attendance of a prisoner

40  (1) If a person who is confined in a prison in British Columbia is required

(a) to stand trial for an offence to which this Act applies, or

(b) to attend to give evidence in a proceeding to which this Act applies,

the Supreme Court or a justice may order in writing that the prisoner be brought before the justice before whom his or her attendance is required, as necessary, if

(c) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any, and

(d) the court or justice is satisfied that the ends of justice require that an order be made.

(2) An order made under subsection (1) must be addressed to the person who has custody of the prisoner, and on receipt of it that person must

(a) deliver the prisoner to a person named in the order to receive the prisoner, or

(b) bring the prisoner before the justice on payment of his or her reasonable charges for so doing.

(3) If the prisoner is required as a witness, the court or justice must direct in the order the manner in which the prisoner is to be kept in custody and returned to the prison from which he or she is brought.

(4) If the appearance of the prisoner is required for the purposes of subsection (1) (a), the court or justice must give appropriate directions in the order with respect to the manner in which the prisoner is to be returned if he or she is acquitted of the charge against him or her.

(5) Section 83 applies if a prisoner to whom this section applies is convicted and sentenced to imprisonment by the justice.

Endorsement on a warrant

41  (1) If a warrant for the arrest of a defendant cannot be executed in accordance with section 37, a justice in whose jurisdiction the defendant is, or is believed to be, must, on application and on proof on oath, or by affidavit, of the signature of the justice who issued the warrant, authorize the execution of the warrant in his or her jurisdiction by making an endorsement, which may be in Form 16, on the warrant.

(2) An endorsement made on a warrant under subsection (1) is sufficient authority to the peace officers to whom it was originally directed and to all peace officers in the territorial jurisdiction of the justice by whom it is endorsed to execute the warrant and to take the defendant before the justice who issued the warrant or before another justice for the same territorial division.

Application of sections 43 to 52

42  Unless section 40 applies, sections 43 to 52 apply if a person is required to attend to give evidence in a proceeding to which this Act applies.

Subpoena or warrant may be issued

43  (1) If a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued requiring that person to attend to give evidence.

(2) If it is made to appear that a person who is likely to give material evidence

(a) will not attend in response to a subpoena, if a subpoena is issued, or

(b) is evading service of a subpoena,

a court or justice having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 8 to cause that person to be arrested and to be brought to give evidence.

(3) Unless subsection (2) (a) applies, a warrant in Form 8 must not be issued unless a subpoena has first been issued.

Requirements for issuing subpoena or warrant

44  (1) If a person is required to attend to give evidence in proceedings over which a justice has jurisdiction, a subpoena directed to that person must be issued

(a) by a justice if the person whose attendance is required is in British Columbia, or

(b) out of the Supreme Court if the person whose attendance is required is not in British Columbia.

(2) A subpoena must not be issued under subsection (1) (b) except under an order of the court made on application by a party to the proceedings.

(3) A subpoena or warrant that is issued by a court must be under the seal of the court and must be signed by the court or by the clerk of the court.

(4) A subpoena or warrant that is issued by a justice must be signed by the justice.

(5) A subpoena may be in Form 7.

Contents of a subpoena

45  (1) A subpoena must require the person to whom it is directed to attend at a time and place to be stated in the subpoena to give evidence and, if required, to bring with him or her any writings that the person has in his or her possession or under his or her control relating to the subject matter of the proceedings.

(2) A person who is served with a subpoena must attend and remain in attendance throughout the proceedings, unless excused by the justice.

Service

46  (1) Subject to subsection (2), a subpoena must be served in accordance with section 28.

(2) A subpoena issued under section 44 (1) (b) must be served personally on the person to whom it is directed.

(3) Service of a subpoena may be proved by the affidavit of the person who effected service.

Subpoena effective throughout British Columbia

47  A subpoena issued by a justice has effect anywhere in British Columbia.

Warrant effective throughout British Columbia

48  Subject to section 49 (3), a warrant issued by a justice may be executed anywhere in British Columbia.

Warrant for an absconding witness

49  (1) If a person is bound by a recognizance to give evidence in any proceedings, a justice who is satisfied, on information being made before the justice in writing and under oath, that the person is about to abscond or has absconded, may issue a warrant, in Form 9, directing a peace officer to arrest that person and to bring the person before the justice before whom the person is bound to appear.

(2) Section 41 applies to a warrant issued under this section.

(3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for the arrest was issued.

Warrant when witness does not attend

50  (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the justice before whom that person was required to attend may issue or cause to be issued a warrant, in Form 8, for the arrest of that person, if it is established that

(a) the subpoena has been served in accordance with this Act, and

(b) the person is likely to give material evidence.

(2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court or justice before whom that person was bound to attend may issue or cause to be issued a warrant, in Form 8, for the arrest of that person.

Order where witness arrested under warrant

51  If a person is brought before a justice under a warrant issued under section 43 (2), or under section 49 or 50, the justice may order that the person be

(a) detained in custody, or

(b) released on recognizance, in Form 18, with or without sureties,

to appear and give evidence when required.

Contempt

52  (1) A person who, being required by law to attend or remain in attendance to give evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.

(2) A judge of the Provincial Court may deal summarily with a person who is guilty of contempt of court under this section.

(3) A person who is guilty of contempt of court under this section

(a) is liable to a fine of $100, or to imprisonment for 90 days or to both, and

(b) may be ordered to pay the costs incidental to the service and execution of the subpoena and warrant and to his or her detention, if any.

(4) A conviction under this section may be in Form 21, and a warrant of committal in respect of a conviction under this section may be in Form 14.

Order in court

53  Subject to section 2.1 of the Provincial Court Act, every justice has the same power and authority to preserve order in a court over which he or she presides as may be exercised by the Supreme Court.

Open court

54  The room or place in which the justice sits to hear and try a complaint or information is deemed to be an open and public court to which the public generally may have access so far as it can conveniently contain them.

Resistance to execution of process

55  When resistance is offered to the execution of a summons, warrant of execution or other process issued by a justice, the justice may enforce the execution of it by the means provided by the law for enforcing the execution of the process of other courts in similar cases.

Absence of the prosecutor

56  If the defendant appears for the trial and the prosecutor, having had notice, does not appear, the justice may dismiss the information or may adjourn the trial to another time on terms the justice considers proper.

Appearance of the prosecutor and defendant or counsel

57  (1) If the prosecutor and defendant appear, the justice must proceed to hold the trial.

(2) A defendant may appear personally or by counsel or agent, but the justice may require the defendant to appear personally, and may, if the justice thinks fit, issue a warrant, in Form 5, for the arrest of the defendant and adjourn the trial to await his or her appearance under the warrant.

(3) If the defendant is a corporation, it must appear by counsel or agent, and if it does not appear, the justice may, on proof of service of the summons, proceed without further notice to hold the trial.

Arraignment

58  When the defendant appears, the substance of the information must be stated to the defendant, and the defendant must be asked

(a) whether the defendant pleads guilty or not guilty to the information, if the proceedings are in respect of an offence that is punishable on conviction, or

(b) whether the defendant has cause to show why an order should not be made against him or her, in proceedings where a justice is authorized by law to make an order.

Conviction or order if charge admitted

59  If the defendant pleads guilty or does not show sufficient cause why an order should not be made against him or her the justice must convict the defendant or make an order against the defendant accordingly.

Procedure if charge not admitted

60  If the defendant pleads not guilty or states that he or she has cause to show why an order should not be made against him or her the justice must proceed with the trial, and must take the evidence of witnesses for the prosecutor and the defendant in the same manner, as nearly as may be, as evidence is taken on a preliminary inquiry under Part XVIII of the Criminal Code.

Separating trial of counts

61  Before or during the trial, a justice who is satisfied that the ends of justice require it, may direct that the defendant be tried separately on one or more of the counts in the information.

Joining informations for trial

62  If a justice is satisfied that one or more informations or violation tickets, or a combination of them, relate to the same incident and that the interests of justice require it, the justice may, before or during trial, direct that the defendant be tried on one or more of the informations or violation tickets, or a combination of them, at the same time.

Admission by the defendant

63  A defendant may admit any fact alleged against the defendant for the purpose of dispensing with the proof of it.

Prosecution by an enforcement officer

63.1  (1) An enforcement officer may appear as, and may exercise the powers and perform the functions of, a prosecutor in relation to a violation ticket under this Act whether or not he or she is a member of the Law Society of British Columbia.

(2) Section 15 (1) of the Legal Profession Act does not apply in respect of anything authorized under this section.

Full answer and defence

64  The prosecutor is entitled personally to conduct his or her case, and the defendant is entitled to make a full answer and defence.

Examination of witnesses

65  (1) The prosecutor or defendant may examine and cross examine witnesses personally or by counsel or agent.

(2) A witness must be examined on oath or affirmation.

(3) The justice has full power and authority to administer to a witness the usual oath or affirmation.

Proceedings before a justice

66  (1) A justice who, in a proceeding, is exercising jurisdiction under the Provincial Court Act may, at any stage of the proceeding, exercise that jurisdiction in the absence of a prosecutor.

(2) If a justice is exercising the jurisdiction referred to in subsection (1) in the absence of a prosecutor,

(a) section 56 does not apply,

(b) the justice may, under section 67 (1), adjourn the trial, and

(c) section 69 applies only if the adjournment was made during a trial where a prosecutor had appeared.

Adjournment

67  (1) A justice may in his or her discretion, before or during a trial, adjourn the trial.

(1.1) The parties to a trial adjourned under subsection (1) must be notified of the time and place appointed for their next appearance before the court.

(1.2) For the purpose of giving notice under subsection (1.1) in relation to a violation ticket, section 15 (6) applies.

(2) If the justice adjourns a trial, the justice may, on condition that the defendant appear at the time and place set for resumption of the trial,

(a) permit the defendant to be at large,

(b) commit the defendant by warrant, in Form 10, to a prison in the territorial division for which the justice has jurisdiction, or to any other safe custody the justice thinks fit, or

(c) discharge the defendant on the defendant's recognizance, in Form 18

(i)   with or without sureties, or

(ii)   on depositing a sum of money the justice directs.

Absence of defendant

68  If the defendant does not appear at the time and place appointed for the trial, and service of the summons within a reasonable period before the appearance was required is proved, or if the defendant does not appear for the resumption of a trial that has been adjourned in accordance with section 67, the justice may

(a) proceed to hear and determine the proceedings in the absence of the defendant as fully and effectually as if the defendant had appeared, or

(b) if the justice thinks fit, issue a warrant in a prescribed form or Form 6 for the arrest of the defendant, and adjourn the trial to await the defendant's appearance to it.

Absence of prosecutor

69  If the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the justice may dismiss the information, with or without costs.

Remand for observation

70  If the justice is of the opinion, supported by the evidence of at least one medical practitioner or nurse practitioner, that there is reason to believe that the defendant is mentally ill, the justice, at any time before convicting the defendant or making an order against the defendant or dismissing the information, may, by order in writing, remand the defendant to the custody that the justice directs for observation for a period of not longer than 30 days.

Effect and enforcement of recognizances

71  If a person gives security by a recognizance or is bound by a recognizance to appear before a justice for any purpose, sections 762 to 773 of the Criminal Code apply, with the necessary changes and so far as applicable, to the recognizance.

Supreme Court may grant or vary bail

72  The Supreme Court may, on application,

(a) admit the defendant to bail if bail has been refused by a justice, or

(b) vary the amount of bail set by a justice.

Repealed

73  [Repealed 2023-1-3.]

Conviction order or dismissal

74  When the justice has heard the prosecutor, defendant and witnesses, the justice must, after considering the matter,

(a) convict the defendant,

(b) make an order against the defendant, or

(c) dismiss the information.

Previous conviction

75  (1) If a defendant is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, a greater punishment must not be imposed on the defendant for that reason, unless the prosecutor satisfies the justice that the defendant, before making his or her plea, was notified that a greater punishment would be sought for that reason.

(2) If a defendant is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the justice must, on application by the prosecutor, and on being satisfied that the defendant was notified in accordance with subsection (1), ask the defendant whether the defendant was previously convicted, and if the defendant does not admit that he or she was previously convicted, evidence of previous convictions may be adduced.

(3) A justice who holds a trial under section 68 may, if the justice convicts the defendant, make inquiries with respect to previous convictions, whether or not the defendant was notified that a greater punishment would be sought because of them.

(4) Under this section, a previous conviction may be proved in the manner prescribed by section 667 of the Criminal Code.

Memorandum of conviction or order

76  If a defendant is convicted or if an order is made against the defendant,

(a) a minute or memorandum of the conviction or order may be made, without fee, but whether or not a minute or memorandum is made, the conviction or order must be drawn up by the justice in Form 19 or 20, and

(b) the justice must issue a warrant of committal in Form 11 or 12, and section 41 applies to the warrant of committal.

Disposal of penalties when joint offenders

77  If several persons join in committing the same offence, and on conviction each is adjudged to pay an amount to a person aggrieved, no more must be paid to that person than an amount equal to the value of the property destroyed or injured or the amount of the injury done, together with costs, if any, and the residue of the amount adjudged to be paid must be applied in the manner in which other penalties imposed by law are directed to be applied.

Order of dismissal

78  (1) If the justice dismisses an information, the justice may, if requested by the defendant, draw up an order of dismissal, and must give to the defendant a certified copy of the order of dismissal.

(2) A copy of an order of dismissal, certified in accordance with subsection (1), is, without further proof, a bar to any subsequent proceedings against the defendant in respect of the same cause.

Costs

79  (1) The justice may, in his or her discretion, award and order costs the justice considers reasonable and not inconsistent with the fees established by section 80 to be paid

(a) to the informant by the defendant, if the justice convicts or makes an order against the defendant, or

(b) to the defendant by the informant, if the justice dismisses an information.

(2) An order under subsection (1) must be set out in the conviction, order, or order of dismissal.

(3) Costs awarded and ordered to be paid by a person under this section are deemed to be all or part, as the case may be, of a fine imposed against the person.

Fees and allowances

80  The fees and allowances mentioned in the tariff to this Act, and no others, are the fees and allowances that may be taken or allowed in proceedings before justices under this Act.

Investigation and prosecution costs

81  (1) In this section, "court" means the Provincial Court.

(2) If a person is convicted of an offence under a prescribed enactment, the court may order that the defendant is liable, after review and the filing of a certificate under this section, for the costs of the investigation into the offence.

(3) The prosecutor may prepare a certificate setting out the costs of the investigation, including the cost to the government of any fees paid to experts, investigators and witnesses.

(4) The prosecutor may apply to a registrar of the Supreme Court to have the certificate reviewed and, on the review, the registrar must assess the costs that are payable under subsection (2).

(5) The registrar may vary the costs if he or she considers that they are unreasonable or not related to the investigation.

(6) The Supreme Court Civil Rules apply to the review of a certificate under this section as though it were a review of disbursements under those rules.

(7) After the review, the certificate of the registrar may be filed in the court and may be enforced as if it were an order of the court requiring the person convicted to pay the amount of costs in the certificate to the government.

(8) The Lieutenant Governor in Council may make regulations for the purposes of this section including regulations that prescribe an enactment for the purposes of subsection (2).

Imprisonment for default of payment of fine

82  (1) Subject to subsection (7), but despite any other provision of this Act, any other Act, regulation, municipal bylaw or order made by a justice, a justice must not, except under the Small Claims Act, order that a person be imprisoned merely because he or she defaults in paying a fine.

(2) If a justice imposes a fine authorized by this or any other Act, the justice, despite this Act or the Act under which the fine is imposed, may order that the fine and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine, be paid

(a) subject to subsection (3), at once, or

(b) at a time, in instalments and subject to terms and conditions the justice considers appropriate.

(3) A justice must not make an order under subsection (2) (a) unless

(a) the justice is satisfied that the person against whom the fine is imposed has sufficient means and ability to enable the person to pay the fine and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine, at once,

(b) on being asked by the justice whether he or she desires time for payment, the person against whom the fine is imposed does not request time, or

(c) the justice has a special reason, which the justice must give orally or in writing, for requiring that the fine and the victim surcharge levy that is, under section 8.1 of the Victims of Crime Act, to be paid with that fine, be paid at once.

(4) In making an order under subsection (2) (b), the justice must consider any representations made by the person against whom the fine is imposed, and must not make the first instalment payable within 14 days after the date of the order.

(5) A justice, on application made at any time by the person against whom a fine is imposed, may amend or vary an order made under subsection (2) (b).

(6) If a person fails to pay

(a) a fine and victim surcharge levy in accordance with an order made under subsection (2), or

(b) a ticketed amount payable as a result of the person being found guilty of or being deemed to have pleaded guilty to the contravention of an enactment alleged in a violation ticket,

a certificate of a person designated in the regulations may be filed with the Supreme Court or Provincial Court stating

(c) the date of the conviction or the deemed guilty plea, as the case may be, and the amount of the fine and victim surcharge levy or of the ticketed amount, as the case may be,

(d) the name of the person required to pay the fine and victim surcharge levy or the ticketed amount, as the case may be,

(e) the date on which the fine and victim surcharge levy or the ticketed amount, as the case may be, was payable,

(f) the amount of the fine and victim surcharge levy or of the ticketed amount, as the case may be, remaining unpaid, and

(g) the amount of interest payable under section 82.1 with respect to the unpaid amount of the fine and victim surcharge levy or of the ticketed amount, as the case may be.

(7) A certificate filed with the Supreme Court or Provincial Court under subsection (6) has the same effect, and proceedings may be taken by a person or a class of persons designated by the Attorney General, as if it were a judgment of the Supreme Court for the recovery of a debt in the amounts referred to in subsection (6) (f) and (g) against the person named in the certificate.

(8) A certificate may not be filed under subsection (6)

(a) with respect to a fine and victim surcharge levy payable in accordance with an order made under subsection (2), more than 10 years after the day on which the order is made, and

(b) with respect to a ticketed amount referred to in subsection (6) (b), more than 10 years after the day on which the person is found guilty of or is deemed to have pleaded guilty to the contravention of an enactment alleged in the violation ticket.

Degrees of punishment

83  (1) If an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the justice who convicts a person who commits the offence.

(2) If an enactment prescribes punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the justice who convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment.

(3) If a defendant is convicted

(a) while under sentence for an offence, and a term of imprisonment is imposed, or

(b) of more than one offence before the same justice at the same sitting, and the justice imposes terms of imprisonment for the respective offences,

the justice who convicts the defendant may direct that the terms of imprisonment are to be served one after the other.

Punishment only after conviction and only as prescribed

84  If an enactment creates an offence and authorizes a punishment to be imposed in respect of it,

(a) a person is deemed to be not guilty of that offence until convicted of it, and

(b) a person who is convicted of that offence is not liable to punishment in respect of it other than the punishment prescribed by this Act or by the enactment that creates the offence.

Parties to an offence

85  (1) Everyone is a party to an offence who

(a) actually commits it,

(b) does or omits to do anything for the purpose of aiding a person to commit it, or

(c) abets a person in committing it.

(2) If a person counsels or procures another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled or procured is a party to that offence, even if the offence was committed in a way different from that which was counselled or procured.

(3) Everyone who counsels or procures another person to be a party to an offence is a party to every offence that the other person commits, in consequence of the counselling or procuring, that the person who counselled or procured knew or ought to have known was likely to be committed in consequence of the counselling or procuring.

Sentence and imprisonment

86  (1) A sentence commences when it is imposed, unless a relevant enactment otherwise provides or the justice or the court appealed to otherwise orders.

(2) The time during which a convicted person is at large on bail does not count as part of any term of imprisonment imposed as a result of the person's conviction.

(3) Despite subsection (1), a term of imprisonment, whether imposed by the justice or the court appealed to, commences or is deemed to be resumed, as the case requires, on the day on which the convicted person is arrested and taken into custody under the sentence.

Intermittent imprisonment

87  (1) If a defendant who is convicted of an offence is sentenced to a term of imprisonment of 90 days or less and the justice considers it just and reasonable to do so, the justice may, by order, direct that the defendant

(a) serve the sentence intermittently at the times specified by the justice in the order, and

(b) comply with the conditions in a probation order

(i)   when the defendant is not in custody during the period the sentence is being served, and

(ii)   on the defendant's release from custody after the defendant completes the sentence.

(2) A defendant who is ordered to serve a sentence of imprisonment intermittently may, on giving notice to a prosecutor, apply to a justice for an order allowing the defendant to serve the sentence on consecutive days.

(3) If a justice imposes a term of imprisonment on a defendant who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence must be served on consecutive days, unless the justice orders otherwise.

Court may impose a lesser fine

88  (1) Despite any other section of this Act or any other Act, in determining the fine to be imposed on conviction, the justice must consider the means and ability of the defendant to pay the fine, and, if the justice is of the opinion that the defendant is unable to pay the amount of the fine that the justice would otherwise impose, the justice may impose a fine in a lesser amount that the justice considers appropriate.

(2) If a minimum fine is established under the Motor Vehicle Act for contravention of a provision of that Act, a justice must not impose under subsection (1) a fine of less than the minimum established.

Probation order

89  If a defendant is convicted of an offence, the justice, having regard to the age, character and background of the defendant, the nature of the offence and the circumstances surrounding the commission of the offence, may, by order,

(a) instead of sentencing the defendant to punishment, suspend the passing of sentence and direct that the defendant be released on the conditions in a probation order, or

(b) in addition to imposing on the defendant a fine or term of imprisonment, direct that the defendant comply with the conditions in a probation order.

Mandatory conditions in probation order

89.1  The justice must include, as conditions in a probation order, that the defendant do all of the following:

(a) keep the peace and be of good behaviour;

(b) appear before the court as and when required to do so by a justice;

(c) notify the justice or a person designated by the justice

(i)   in advance of any change in the defendant's name or address, and

(ii)   promptly of any change in the defendant's employment or occupation.

Optional conditions in probation order

89.2  The justice may include, as additional conditions in a probation order, that the defendant must comply with one or more of the following, as specified in the order:

(a) the defendant must report to a probation officer or other person designated by the justice

(i)   within 2 business days after the probation order is made, unless a longer period is specified by the justice, and

(ii)   after reporting under subparagraph (i), at the times and in the manner directed by the probation officer or designated person;

(b) the defendant must be under the supervision of the probation officer or designated person referred to in paragraph (a);

(c) the defendant must not possess or consume

(i)   alcohol or other intoxicating substances, or

(ii)   a controlled substance, as defined in the Controlled Drugs and Substances Act (Canada), except in accordance with a medical prescription;

(d) the defendant must not own, possess or carry a weapon;

(e) the defendant must provide for the support or care of a spouse or other dependants;

(f) the defendant must perform community service;

(g) if the defendant agrees and is accepted into the program, the defendant must actively participate in a treatment or other program approved by the government;

(h) the defendant must make restitution or reparation for any loss or damage suffered as a result of the commission of the offence;

(i) the defendant must not make contact with a person or may have only limited contact with a person;

(j) the defendant must not be present at a place or premises;

(k) the defendant must provide a written apology;

(l) the defendant must comply with any other reasonable conditions the justice considers appropriate to

(i)   protect the public,

(ii)   prevent similar unlawful conduct by the defendant, or

(iii)   contribute to the rehabilitation of the defendant.

Term and form of probation order

89.3  (1) A probation order may be kept in force for a term not exceeding 2 years.

(2) The justice who makes a probation order must specify the term of the probation order.

(3) A probation order may be in Form 25.

Obligations of justice

89.4  (1) The justice who makes a probation order must take reasonable steps to ensure that the defendant

(a) receives a copy of the order,

(b) receives an explanation of the following:

(i)   the mandatory and optional conditions in the order;

(ii)   the process under section 89.5 for making changes to the order;

(iii)   the consequences under section 89.6 for failing to comply with a probation order, and

(c) understands the order and the explanations given under paragraph (b).

(2) For certainty, a failure to comply with subsection (1) does not affect the validity of a probation order.

Changes to probation order

89.5  (1) A defendant, probation officer or prosecutor, with notice to the others, may apply to a justice for an order under subsection (3).

(2) On an application under subsection (1), the justice must require the defendant to appear before the justice.

(3) After hearing from the defendant and one or both of the probation officer and the prosecutor, the justice may, by order, do any of the following:

(a) if the justice considers it appropriate because of a change in circumstances,

(i)   change an optional condition in the probation order,

(ii)   add an optional condition to the probation order, or

(iii)   remove an optional condition from the probation order;

(b) relieve the defendant from compliance with an optional condition in the probation order, either absolutely or on terms or for a period the justice considers appropriate;

(c) terminate the probation order or decrease the period for which the probation order is to be kept in force.

(4) If the justice makes an order under subsection (3), the justice must

(a) endorse the probation order accordingly, and

(b) take reasonable steps to ensure that the defendant

(i)   is informed of any changes made to the probation order under subsection (3) (a) to (c), and

(ii)   receives a copy of the endorsed probation order.

Failure to comply with probation order

89.6  (1) A defendant who is bound by a probation order commits an offence if the defendant, without reasonable excuse, fails to comply with a condition in the probation order.

(2) A defendant who is charged with an offence under subsection (1) may be tried and punished by any justice having jurisdiction to try that offence in

(a) the place where the offence is alleged to have been committed, or

(b) the place where the defendant is found, arrested or in custody.

Arrest without warrant

89.7  (1) In this section, "police officer" means

(a) a special provincial constable, as defined in the Police Act,

(b) a designated constable, as defined in the Police Act,

(c) an officer, member or constable of the provincial police force,

(d) an officer, member or constable of a municipal police force in the Province, or

(e) a member of the Royal Canadian Mounted Police.

(2) A police officer may arrest without warrant a person whom the police officer believes on reasonable and probable grounds is committing an offence under section 89.6.

Application of provisions in section 732.2 of Criminal Code

89.8  Section 732.2 (1) and (2) (a) of the Criminal Code applies, with the necessary changes and so far as applicable, to a probation order.

Additional punishment for breach of probation order

90  (1) A justice who meets the requirements under subsection (2) may make an order under subsection (3) if a defendant who is bound by a probation order is convicted of an offence, including an offence under section 89.6, and

(a) the defendant has elected not to appeal against the conviction for that offence,

(b) the time limit for bringing an appeal against the conviction for that offence has expired and the defendant has not appealed against the conviction, or

(c) the defendant has appealed against the conviction for that offence and the appeal has been dismissed or abandoned.

(2) A justice may make an order under subsection (3) only if the justice

(a) is the same justice who made the probation order, or

(b) has jurisdiction in the territorial division in which the probation order was made.

(3) If the requirements under subsections (1) and (2) are met, then, in addition to any punishment that may be imposed for the offence, the justice may, by order,

(a) change an optional condition in the probation order,

(b) add an optional condition to the probation order,

(c) remove an optional condition from the probation order,

(d) extend the period, by not more than one year, for which the probation order is to be kept in force,

(e) terminate the probation order, or

(f) if the probation order was made under section 89 (a),

(i)   revoke the probation order, and

(ii)   impose any sentence that could have been imposed if the passing of sentence had not been suspended.

(4) If a justice makes an order under subsection (3), the justice must

(a) endorse the probation order accordingly, and

(b) take reasonable steps to ensure that the defendant

(i)   is informed of any changes made to the probation order under subsection (3) (a) to (f), and

(ii)   receives a copy of the endorsed probation order.

Intoxicated person

91  (1) If a peace officer finds, in a place to which the public has access, a person who is in a state of intoxication, the peace officer may take that person into custody.

(2) If it appears to the peace officer that the person may be in need of remedial treatment because of the use of alcohol, the peace officer must, within 24 hours, take the person to a physician.

(3) If the peace officer does not act under subsection (2), the person in custody must be released

(a) on recovering sufficient capacity to remove himself or herself without danger to himself or herself or others, or causing a nuisance, or

(b) if application is made sooner by an adult who appears to be capable of taking charge of the person, into the charge of the applicant.

(4) If a physician is satisfied that a person brought to him or her under subsection (2) is in need of treatment because of the excessive use of alcohol and that no arrangements have been made for the voluntary treatment of the person, or, if made, are not likely to be adhered to by the person,

(a) the physician may give a certificate to that effect, and the person may be taken to, examined, treated and detained in, an institution for the treatment and rehabilitation of chronic alcoholics, or to a psychiatric unit or observation unit, within the meaning of the Mental Health Act, and

(b) an application may be made for a confirming order under this section.

(5) If the physician is not satisfied that the person is in need of treatment under subsection (4), the person must be released at once.

(6) A person taken to an institution or unit under the authority of a certificate given under subsection (4) must not be detained there for more than 72 hours unless the person's continued detention is authorized by a confirming order.

(7) Subsections (1), (2) and (3) apply only to those portions of British Columbia and to those classes of persons that the Lieutenant Governor in Council designates.

Chronic alcoholic

92  (1) In this section, "confirming order" means an order made under subsection (4).

(2) An application for a confirming order may be made to a justice exercising jurisdiction at the place

(a) where the person was taken into custody,

(b) at which the person is detained, or

(c) where the person has his or her home.

(3) The application may be heard and determined, and adjourned, even if the person has been released from the place where he or she was detained under the authority of a certificate given under section 91 (4).

(4) If, after hearing the evidence of a physician who has examined the person and any other evidence of the person's addiction to, or use of, alcohol, and any evidence of the person concerned, the justice is satisfied that the person concerned is in need of treatment and rehabilitation as provided for chronic alcoholics, and that no firm arrangements have been made for the voluntary treatment of the person or, if made, are not likely to be adhered to by the person, the justice may make an order that, for an indeterminate term not exceeding 12 months, the person attend at, or be detained in, an institution where treatment is provided for chronic alcoholics.

(5) If the justice dismisses an application for a confirming order before the expiration of the period of 72 hours referred to in section 91 (6), the dismissal does not, unless the justice makes an order to that effect, impair the authority of the certificate, and the person may continue to be detained as provided in the certificate until the expiration of the period of 72 hours.

(6) A copy of an order for detention made under subsection (4) must be directed to the director of correction, who must, if space is available, make arrangements for the detention of the person named in the order at an institution where treatment and rehabilitation is provided for chronic alcoholics, and, if the person named is detained in a psychiatric unit or observation unit, he or she must be transferred accordingly.

(7) If detention is ordered under subsection (4), pending transfer to the place of detention, the person may be detained in a common jail or lockup, and the time during which a person is detained must be deducted from the indeterminate term imposed under this section.

(8) Despite this Act, the chief probation officer may, before the expiration of the term of attendance or detention ordered under subsection (3), discharge the person from attendance or detention on terms and conditions that the chief probation officer may, in his or her discretion, impose for the unexpired portion of that term.

Probation breach by chronic alcoholic

93  (1) If the chief probation officer certifies in writing that there has been a breach of any term or condition imposed by him or her under section 92 (8), the chief probation officer may, by signing a warrant, authorize the apprehension of the person by a peace officer.

(2) On apprehension, the person must be brought before a justice, who, on being satisfied that the person has failed to observe a term or condition imposed by the chief probation officer, may order that the person be detained in a place named in the order for the balance of the term ordered under section 92 (4), unless sooner discharged by the chief probation officer on terms and conditions specified by him or her.

(3) The production of a document purporting to be signed by the chief probation officer, and to be his or her certificate under subsection (1), is evidence of a breach referred to in the certificate and of the authority for the detention of the person named in it.

(4) If a person, without authority, absents himself or herself from a place of detention, or, if his or her absence is authorized under section 92 (8), the person fails to return to the place of detention when instructed by the chief probation officer to do so, the person may be apprehended, with or without a warrant, by a peace officer and returned to the place of detention.

Repealed

94  [Repealed 2007-8-57.]

Execution of warrant of committal

95  (1) A peace officer or other person to whom a warrant of committal authorized by this or any other Act or law is directed must convey the person named or described in the warrant to the jail or other prison mentioned in the warrant and deliver the person, together with the warrant, to the keeper of the jail or prison, who must then give to the peace officer or other person who delivers the prisoner a receipt, in Form 24, setting out the state and condition of the prisoner when delivered into his or her custody.

(2) It is not necessary to give a receipt to a peace officer or other person delivering a prisoner to the custody of the keeper or other person in charge of a municipal lockup or of a prison which is not a common jail of any county.

Originating document must contain substance of evidence

96  (1) An information, complaint, warrant, conviction or other proceeding under this Act must in general apply to a single transaction, and must contain, and is sufficient if it contains in substance, a statement that the defendant committed an offence or act specified in the proceeding and punishable on summary conviction.

(2) The statement referred to in subsection (1) may be

(a) in popular language without technical averments or allegations of matters that are not essential to be proved,

(b) in the words of the enactment that describes the offence or declares the matters charged to be an offence or act punishable on summary conviction, or

(c) in words that are sufficient to give to the defendant notice of the offence with which the defendant is charged.

(3) An information must contain sufficient detail of the circumstances of the alleged offence to give to the defendant reasonable information with respect to the act or omission to be proved against the defendant and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the information.

(4) An information may refer to any section, subsection, paragraph, subparagraph or clause of the enactment that creates the offence charged, and for determining whether an information is sufficient, consideration must be given to any such reference.

(5) Nothing in this Act relating to matters that do not render an information insufficient is deemed to restrict or limit the application of this section.

Information sufficient despite certain omissions

97  (1) No information, complaint, warrant, conviction or other proceeding under this Act is insufficient because of the absence of details if, in the opinion of the justice, the information otherwise fulfils the requirements of section 96.

(2) Without restricting subsection (1), no information is insufficient merely because it fails to

(a) name the person injured or intended or attempted to be injured,

(b) name the person who owns or has a special property or interest in property mentioned in the information,

(c) specify the means by which the alleged offence was committed,

(d) name or describe with precision any person, place or thing, or

(e) if the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.

(3) The justice may, if satisfied that it is necessary for a fair trial, order that a particular, further describing any matter relevant to the proceedings, be furnished to the defendant.

Burden on defendant to prove an exception

98  (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived in an information.

(2) The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.

(3) If it appears that the defendant has done any act or been guilty of any omission for which, were the defendant not licensed or registered or authorized by a consent, permit, certificate or otherwise, he or she would be liable to a penalty, the defendant must prove that he or she is licensed or registered or authorized by a consent, permit, certificate or otherwise.

Process not objectionable on other grounds

99  No information, summons, conviction, order or process is deemed to charge 2 offences or to be uncertain merely because it states that the alleged offence was committed

(a) in different modes, or

(b) in respect of one or other of several articles, either conjunctively or disjunctively.

Amending defective information

100  (1) An objection to an information for a defect apparent on its face must be made by motion to quash the information before the defendant has pleaded, and after that only by leave of the justice before whom the trial takes place.

(2) A justice may, on the trial of an information, amend the information or a particular furnished under section 97 (3) to make the information or particular conform to the evidence if there appears to be a variance between the evidence and

(a) the charge in the information, or

(b) the charge in the information

(i)   as amended, or

(ii)   as it would have been if amended in conformity with any particular furnished under section 97 (3).

(3) A justice may, at any stage of the trial, amend the information as may be necessary if it appears

(a) that the information

(i)   fails to state or states defectively anything that is required to constitute the offence,

(ii)   does not negative an exception that should be negatived, or

(iii)   is in any way defective in substance,

and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the trial, or

(b) that the information is in any way defective in form.

(4) A variation between the information and the evidence taken on the trial is not material with respect to

(a) the time when the offence is alleged to have been committed, if it is proved that the information was laid within the prescribed period of limitation, or

(b) the place where the subject matter of the proceedings is alleged to have arisen, if it is proved that it arose in the territorial jurisdiction of the justice who holds the trial.

(5) The justice must, in considering whether or not an amendment should be made, consider

(a) the evidence taken on the trial, if any,

(b) the circumstances of the case,

(c) whether the defendant has been misled or prejudiced in his or her defence by a variance, error or omission mentioned in subsection (2) or (3), and

(d) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.

(6) If, in the opinion of the justice, the defendant has been misled or prejudiced in his or her defence by an error or omission in the information, the justice may adjourn the trial, and may make an order for the payment of costs resulting from the necessity of amendment as the justice considers desirable.

Appeal court defined

101  In sections 102 to 114, "appeal court" means the Supreme Court.

Appeal

102  Unless otherwise provided by law,

(a) the defendant may appeal to the appeal court

(i)   from a conviction or order made against the defendant, or

(ii)   against a sentence passed on the defendant,

(b) the informant, the Attorney General or the Attorney General's agent in proceedings under this Act may appeal to the appeal court

(i)   from an order dismissing an information, or

(ii)   against a sentence passed on a defendant, and

(c) a person in respect of whom a confirming order or an order of detention is made under section 91, 92 or 93 may appeal to the appeal court from

(i)   the confirming order, or

(ii)   the order of detention.

Place of hearing

103  An appeal under section 102 must be heard at the sittings of the appeal court that is held nearest to the place where the conviction or order was made or sentence passed, but the appeal court may, on the application of one of the parties, appoint a place for the hearing of the appeal.

Notice of appeal

104  (1) An appellant who proposes to appeal to the appeal court must give notice of appeal in a manner and within a period directed by the Criminal Rules of the Supreme Court of British Columbia.

(2) The appeal court may at any time extend the time within which a notice of appeal may be given.

Appeal from conviction

105  (1) If an appeal to the appeal court is from a conviction imposing imprisonment without alternative punishment, the appellant must

(a) remain in custody until the appeal is heard, or

(b) enter into a recognizance.

(2) If an appeal to the appeal court is from a conviction or order adjudging that a fine or sum of money be paid and imposing a term of imprisonment in default of payment, the appellant must

(a) remain in custody until the appeal is heard,

(b) enter into a recognizance, or

(c) deposit with the justice the amount of the fine or the sum of money to be paid.

(3) If an appeal to the appeal court is from a conviction or order adjudging that a fine or sum of money be paid but not imposing a term of imprisonment in default of payment, the appellant must comply with subsection (2) (b) or (c).

Formalities of recognizance

106  (1) A recognizance entered into under section 105

(a) must be in Form 18,

(b) must be entered into before a judge of the Supreme Court or a justice who has jurisdiction in the territorial division in which the conviction or order was made, in an amount the court or justice directs,

(c) may be required to be entered into with one or more sureties, and

(d) may, if it is not entered into by one or more sureties, be required to be accompanied by a deposit of a sum of money the court or justice directs.

(2) It is a condition of a recognizance under section 105 that

(a) the appellant, if he or she was the defendant in the proceedings before the justice, will appear personally at the sittings of the appeal court at which the appeal is to be heard, and

(b) the appellant will abide the judgment of the appeal court on the appeal.

(3) An appeal court has, with respect to a recognizance that appears to it to be insufficient, defective or invalid, the same powers that the Supreme Court has under section 116 (4).

(4) If an appellant is in custody and a recognizance is entered into under section 105, an order for discharge in Form 22 must be issued by the person who takes the recognizance.

Payment of fine is not waiver of appeal, etc.

107  (1) A person does not waive his or her right of appeal under section 102 merely because he or she pays the fine imposed on conviction without in any way indicating an intention to appeal or reserving the right to appeal.

(2) A conviction, order or sentence is deemed not to have been appealed against until the contrary is shown.

Transmission of conviction, etc.

108  (1) If a notice of appeal is filed, the clerk of the appeal court must obtain from the court from which the appeal is brought the conviction, order or order of dismissal and all other material in the possession of that court in connection with the proceedings before the time when the appeal is to be heard, or within a further time the appeal court directs, and the material must be kept by the clerk of the court with the records of the appeal court.

(2) An appeal must not be dismissed by the appeal court merely because a person other than the appellant failed to comply with the provisions of this Act relating to appeals.

Appeal

109  (1) If an appeal is taken under section 102 in respect of a conviction, acquittal, sentence or order, sections 683 to 689, except section 686 (5), of the Criminal Code apply.

(2) If an appeal court orders a new trial, it must be held before a court other than the court that tried the defendant in the first instance, unless the appeal court directs that the new trial be held before the court that tried the defendant in the first instance.

(3) Despite subsection (1), if an appeal is taken under section 102 and if, because of the condition of the trial record in the court appealed from or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or the Attorney General's agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a new trial, the appeal court may order that the appeal be heard by way of a new trial and sections 8, 56 to 65, 74 to 79 and 97 to 100 apply except to the extent that they may be inconsistent with sections 102 to 114.

(4) The appeal court may, for hearing and determining an appeal under subsection (3), permit the evidence of any witness taken before the justice to be read if that evidence has been authenticated in accordance with section 540 of the Criminal Code, and if

(a) the appellant and respondent consent,

(b) the appeal court is satisfied that the attendance of the witness cannot reasonably be obtained, or

(c) because of the formal nature of the evidence or otherwise, the court is satisfied that the opposite party will not be prejudiced.

(5) Any evidence read under the authority of subsection (4) has the same effect as if the witness had given the evidence before the appeal court.

(6) If an appeal is taken under subsection (3) against sentence, the appeal court must, unless the sentence is one set by law, consider the fitness of the sentence appealed against, and may, on evidence, if any, it thinks fit to require or receive, by order

(a) dismiss the appeal, or

(b) vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted.

(7) In making an order under subsection (6) (b), the appeal court may take into account any time spent in custody by the defendant as a result of the offence.

(8) Under subsection (3), if an appeal is based on

(a) an objection to an information or any process, judgment must not be given in favour of the appellant for

(i)   an alleged defect in the information or process in substance or in form, or

(ii)   any variance between the information or process and the evidence adduced at the trial

unless it is shown that

(iii)   the objection was made at the trial, and

(iv)   an adjournment of the trial was refused, even though the variance referred to in subparagraph (ii) had deceived or misled the appellant, and

(b) a defect in a conviction or order, judgment must not be given in favour of the appellant, but the court must make an order curing the defect.

Adjournment

110  The appeal court may adjourn the hearing of the appeal, as necessary.

Dismissal for want of prosecution

111  The appeal court may, on proof that notice of an appeal has been given and that the appeal has not been proceeded with or has been abandoned, order that the appeal be dismissed.

Costs

112  (1) If an appeal is heard and determined, or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.

(2) Section 79 (3) applies to an order under subsection (1).

Imprisonment on appeal

113  Section 82 applies to an appeal to an appeal court or by way of stated case.

Enforcement of conviction or order by appeal court

114  (1) A conviction or order made by the appeal court may be enforced

(a) in the same manner as if it had been made by a justice, or

(b) by process of the appeal court.

(2) If an appeal taken against a conviction or order adjudging payment of a sum of money is dismissed, the justice who made the conviction or order, or a justice for the same territorial division, may issue a warrant of committal as if no appeal had been taken.

(3) If a conviction or order made by an appeal court is to be enforced by a justice, the clerk of the appeal court must send to the justice the conviction or order and all writings relating to it, except the notice of intention to appeal and any recognizance.

Application for stated case

115  (1) A party to proceedings to which this Act applies or the Attorney General may appeal against a conviction, order, determination or other proceeding of a justice on the ground that it is

(a) erroneous in point of law, or

(b) in excess of jurisdiction

by applying to the justice to state a case setting out the facts as found by the justice and the grounds on which the proceedings are questioned.

(2) An application to state a case must be made, and the case must be stated within the period and in the manner directed by the Supreme Court Civil Rules, if any.

(3) If, for the purposes of subsection (2), there are no Supreme Court Civil Rules that apply,

(a) the application

(i)   must be in writing and be directed to the justice, and

(ii)   must be served on the justice by leaving with the justice a copy of it within 30 clear days after the time when the adjudication that is questioned was made,

(b) the case must be stated and signed by the justice

(i)   within one month after the application was made, and

(ii)   after the recognizance referred to in section 116 has been entered into,

(c) the appellant must, within 15 clear days after receiving the stated case,

(i)   if he or she is the informant, or the Attorney General or their respective counsel or agent, cause a copy of the stated case to be served on the defendant, or other persons the Supreme Court directs, and transmit the stated case to the Supreme Court, and

(ii)   if he or she is the defendant, or other person appealing, cause a copy of the stated case to be filed in the office of the Registrar of the Supreme Court, and the registrar must at once send a copy to the Attorney General, or as the Attorney General direct, and

(d) the appellant must, if he or she is the informant, or the Attorney General or their respective counsel or agent, file in the office of the Registrar of the Supreme Court proof of service of the stated case not later than 7 days after the last day for service of the stated case.

(4) The Supreme Court may, on application by the appellant, extend the times referred to in the Supreme Court Civil Rules for the application to state a case or for the stating of the case, or the times referred to in subsection (3) (b) or (c), but an extension must not be granted for more than 30 days.

Recognizance by appellant

116  (1) The appellant must, at the time the appellant makes the application and before a case is stated, enter into a recognizance, in Form 18, before the justice or a justice who has the same jurisdiction, with or without sureties and in an amount that the justice considers proper, on the condition that the appellant prosecute the appeal without delay and submit to the judgment of the Supreme Court.

(2) Subsection (1) does not apply if the application is made by the Attorney General or by counsel acting on behalf of the Attorney General.

(3) If an appellant is in custody, the justice must order that he or she be released, if the appellant's recognizance contains a further condition that the appellant will appear before that justice or another justice within 10 days after the judgment of the Supreme Court has been given, to abide the judgment, unless the judgment from which the appeal is taken is reversed.

(4) If the recognizance appears to the Supreme Court to be insufficient, defective or invalid, the Supreme Court may permit the substitution of a new and sufficient recognizance to be entered into before it, and the substituted recognizance is, for all purposes, as effectual as if it had been entered into at the time the appellant made the application and before the case was stated.

Procedure when justice dies, quits office or is unable to act

117  (1) If, pending an application for a stated case, the justice dies, quits office or is unable to act, the appellant may, on giving notice to the respondent, apply to the Supreme Court to state a case, and if a case is then stated, it must be dealt with as if it had been stated by the justice.

(2) The appellant must, before a case is stated by the Supreme Court under this section, enter into a recognizance under section 116.

Refusal to state a case

118  (1) If a justice to whom an application to state a case is made considers that the application is frivolous, the justice may refuse to state a case, and must, at the request of the appellant, issue to the appellant a certificate of the refusal.

(2) The justice must not refuse to state a case if the application is made by or at the direction of the Attorney General or counsel acting on behalf of the Attorney General.

Compelling statement of case

119  (1) If the justice refuses to state a case, the appellant may apply to the Supreme Court, on an affidavit setting out the facts, for an order directing the justice and the respondent to show cause why a case should not be stated.

(2) If an application is made under subsection (1), the Supreme Court may make the order or dismiss the application, with or without payment of costs by the appellant or the justice, as it considers appropriate in the circumstances.

(3) If an order is made under this section, the justice must, on being served with a copy of it and on the appellant entering into a recognizance under section 116 (1), state a case accordingly.

No prerogative writ

120  A writ of certiorari or other writ is not required to remove a conviction, order or other determination in relation to which a case is stated for the purpose of obtaining the judgment, determination or opinion of the Supreme Court.

Powers of court hearing appeal

121  (1) If a case is stated under this Act, the Supreme Court must hear and determine the grounds of appeal, and may

(a) affirm, reverse or modify the conviction, order or determination,

(b) send the case back to the justice for amendment and deliver judgment after it has been amended, or

(c) remit the matter to the justice with the opinion of the Supreme Court,

and may make

(d) any other order in relation to the matter that it considers proper, and

(e) any order with respect to costs that it considers proper and that could be made by a justice.

(2) Except as provided in section 119 (2), an order for the payment of costs must not be made against the justice who states a case.

Enforcement of adjudication

122  (1) If the Supreme Court has rendered its decision on a stated case, the justice in relation to whose adjudication the case has been stated or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, amended or made by the Supreme Court as the justice would have had if a case had not been stated.

(2) An order of the Supreme Court may be enforced by its own process.

Statement of case precludes appeal

123  (1) A person for whom a case is stated in respect of an adjudication of a justice from which the person is entitled to an appeal under section 102 must be taken to have abandoned all his or her rights of appeal under that section.

(2) If it is provided by law that no appeal lies from a conviction or order, no appeal by way of a stated case lies from that conviction or order.

Appeal to Court of Appeal on question of law

124  (1) An appeal to the Court of Appeal may, with leave of a justice of that court, be taken on any ground that involves a question of law alone against a decision of

(a) a court in respect of an appeal under section 102, or

(b) the Supreme Court in respect of a stated case under section 121.

(2) Sections 673 to 689 of the Criminal Code apply, with the necessary changes and so far as applicable, to an appeal under this section, and the Court of Appeal may grant a new trial.

(3) Despite subsection (2), the Court of Appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section.

(4) The decision of the Court of Appeal may be enforced in the same manner as if it had been made by the justice before whom the proceedings were originally heard and determined.

(5) The Rules of Court made by the Court of Appeal under section 482 of the Criminal Code apply, with the necessary changes and so far as applicable, to an appeal to the Court of Appeal under this Act.

Conviction or order not removable

125  A conviction or order must not be removed by certiorari if

(a) an appeal was taken, whether or not the appeal has been carried to a conclusion, or

(b) the defendant appeared and pleaded and the merits were tried, and an appeal might have been taken but the defendant did not appeal.

When conviction or order remedial

126  (1) A conviction, order or warrant for enforcing a conviction or order must not, on being removed by certiorari, be held to be invalid for an irregularity, informality or insufficiency in it if the court before which the question is raised, on perusal of the evidence, is satisfied that

(a) an offence of the nature described in the conviction, order or warrant was committed,

(b) there was jurisdiction to make the conviction or order or to issue the warrant, and

(c) the punishment imposed, if any, was not in excess of the punishment that might lawfully have been imposed.

(2) The court referred to in subsection (1) has the same powers to deal with the proceedings in the manner that it considers proper that are conferred on a court to which an appeal might have been taken.

Correcting punishment

127  (1) If, in proceedings to which section 126 applies, the court is satisfied that a person was properly convicted of an offence but the punishment that was imposed is greater than the punishment that might have lawfully been imposed, the court must

(a) correct the sentence,

(i)   if the punishment is a fine, by imposing a fine that does not exceed the maximum fine that might lawfully have been imposed,

(ii)   if the punishment is imprisonment, and the person has not served a term of imprisonment under the sentence that is equal to or greater than the term of imprisonment that might lawfully have been imposed, by imposing a term of imprisonment that does not exceed the maximum term of imprisonment that might lawfully have been imposed, or

(iii)   if the punishment is a fine and imprisonment, by imposing a punishment in accordance with subparagraph (i) or (ii), as the case requires, or

(b) remit the matter to the justice and direct the justice to impose a punishment that is not greater than the punishment that may be lawfully imposed.

(2) If an adjudication is varied under section 126, or under subsection (1) of this section, the conviction and warrant of committal, if any, must be amended to conform with the adjudication as varied.

(3) Any statement that appears in a conviction and is sufficient for the conviction is sufficient for the information, summons, order or warrant in which it appears in the proceedings.

Irregularities in sections 126 and 127

128  Without limiting sections 126 and 127, those sections are deemed to apply if

(a) the statement of the adjudication, or of any other matter or thing, is in the past tense instead of in the present tense,

(b) the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed, or

(c) there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged, or are stated in another provision.

Warrant of committal not void for defect in form

129  A warrant of committal must not, on certiorari or habeas corpus, be held to be void merely because of a defect in it if

(a) it is alleged in the warrant that the defendant was convicted, and

(b) there is a valid conviction to sustain the warrant.

No action against official when conviction, order or proceeding quashed

130  If an application is made to quash a conviction, order or other proceeding made or held by a justice on the ground that the justice exceeded his or her jurisdiction, the court to which the application is made may, in quashing the conviction, order or other proceeding, order that civil proceedings must not be taken against the justice or against any officer who acted under the conviction, order or other proceeding, or under any warrant issued to enforce it.

Forms

131  (1) The forms set out in the Schedule or forms of similar effect, varied to suit the case, are deemed to be good, valid and sufficient in the circumstances for which they are provided.

(2) No justice is required to attach or affix a seal to any writing or process that the justice is authorized to issue and in respect of which a form is set out in the Schedule.

Power to make regulations

132  (1) The Lieutenant Governor in Council may, on the recommendation of the Attorney General, make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, on the recommendation of the Attorney General, make regulations as follows:

(a) defining an expression used in section 10.1 that is not otherwise defined in this Act;

(a.1) prescribing the form and content of the violation tickets issued under section 14;

(a.2) prescribing a form for the purpose of section 15.4 (1);

(a.3) prescribing instructions that must be printed beside or on the reverse side of the violation ticket that is given or mailed to or served on the person who is alleged to have contravened the enactment;

(a.4) only for the purposes of an agreement between the Province and Canada under the Contraventions Act (Canada), exercising the authority under paragraphs (a.1), (a.2), (a.3) and (g) in both the English and French languages;

(b) respecting the electronic reception, creation, completion, signing, identifying, transmission, storage, reproduction or conversion from either paper or electronic format to the other format of

(i)   a violation ticket, or

(ii)   a certificate of service of a violation ticket under section 31;

(c) designating any person or class of persons as an enforcement officer and prescribing the enactments in respect of which a designated person or class of persons may

(i)   issue a violation ticket under section 14,

(ii)   issue an appearance notice under section 39 (1),

(iii)   issue both a violation ticket and an appearance notice, or

(iv)   serve a copy of a violation ticket outside British Columbia under section 14.1;

(d) subject to subsection (4), prescribing, for the purposes of sections 14 and 16 (1), fines for a contravention of an enactment

(i)   if paid on or before the 30th day, and

(ii)   if paid after the 30th day

from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket;

(e) authorizing any word or expression on a violation ticket issued under section 14 to designate an offence under an Act;

(f) designating any person or class of persons for the purposes of section 82 (6);

(g) prescribing the form and content of certificates and affidavits;

(h) prescribing a schedule of costs for the purposes of section 263.1 (5) (b) of the Community Charter, section 267.1 (5) (b) of the Local Government Act and section 333C (5) (b) of the Vancouver Charter.

(2.1) For greater certainty, if one fine is prescribed under subsection (2) (d), the fine is both

(a) the fine that applies if paid on or before the 30th day from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket, and

(b) the fine that applies if paid after the 30th day from the date of service under section 14 (5) or mailing under section 14 (6) of a violation ticket.

(3) [Repealed 2005-1-7.]

(4) If a minimum or maximum fine is established by an enactment, the fine prescribed under subsection (2) (d) must not be less than the minimum or more than the maximum fine established by the enactment.

(5) [Not in force. Repealed 2006-33-1.]

(6) If regulations are made under subsection (2) (a.4), both language versions are equally authoritative.

Application of Criminal Code

133  If, in any proceeding, matter or thing to which this Act applies, express provision has not been made in this Act or only partial provision has been made, the provisions of the Criminal Code relating to offences punishable on summary conviction apply, with the necessary changes and so far as applicable, as if its provisions were enacted in and formed part of this Act.