Authority to Issue Appearance Notices

Year
2008
Number
B65
Sponsor(s)
Vancouver

WHEREAS requiring that a summons be personally served in order to get a bylaw offender to court for bylaw infractions prosecuted under the Offence Act is expensive and time consuming for the Province, police and municipalities; AND WHEREAS police officers have the power to issue appearance notices for a variety of provincial offences: THEREFORE BE IT RESOLVED that the Province of British Columbia be requested to amend the Offence Act to allow police to issue appearance notices for bylaw offences.

Provincial Response

Ministry of Attorney General The Ministry of Attorney General does not oppose police officers being given the authority to issue appearance notices for by-law offences. The City of Vancouver is also pursuing an initiative to provide such authority to enforce their bylaws. Without knowing the extent of the process being proposed it is difficult to comment on the appropriate statute under which such authority should be provided. It may be preferable that the amendment be contained in the statutes governing municipal authority to enact and enforce bylaws for example, the Vancouver Charter, rather than the Offence Act.

Convention Decision
Endorsed