Purpose of this policy

1   To establish the circumstances under which a Screening Officer may cancel a Bylaw Notice, (Ticket).

Authority

2   Bylaw 1703-2007, Local Government Bylaw Notice Enforcement Act

Guiding principles

3   (1) The Screening Officer is authorized to cancel a Bylaw Notice where he or sh.e is satisfied that one or more of the following reasons exist:

(2) Identity cannot be proven. For example:

(a) the Bylaw Notice was issued to the wrong person; or

(b) the vehicle involved in the contravention was stolen.

(3) An exception specified in the bylaw or a related enactment is established.

(4) There is a poor likelihood of success at Adjudication, for example:

(a) the evidence is inadequate to show a contravention;

(b) the Officer relied on incorrect information in issuing the Bylaw Notice;

(c) the Bylaw Notice was not completed properly;

(d) the bylaw provision is unenforceable or poorly worded.

(5) The contravention was necessary for the preservation of health and safety. For example, the

contravention was the result of a medical emergency.

(6) The Bylaw Notice is one of a number of Bylaw Notices arising out of the same incident, in

which case the Screening Officer may cancel all but the most appropriate Bylaw Notice.

(7) It is not in the public interest to proceed to adjudication for one of the following reasons:

(a) the person who received the Bylaw Notice was permitted or entitled to take the action, but the issuing officer was not aware of this entitlement or permit;

(b) the person receiving the Bylaw Notice was undergoing a personal tragedy at the time of the contravention such that it is not in the public interest to proceed;

(c) the bylaw changed since the Bylaw Notice was issued, and now authorizes the contravention;

(d) the Bylaw Notice was issued to a vehicle registered in a province, or state, other than British Columbia for a parking contravention that did not present a safety hazard.

(8) The person exercised due diligence in their efforts to comply with the bylaw. For example:

(a) as a result of vehicle mechanical problems the person could not comply with the bylaw; or

(b) the sign indicating the bylaw requirement was not visible.