Tickets & Notices

When Bylaw Compliance Officers are not successful in seeking voluntary compliance of bylaw infractions, North Cowichan uses a range of tools to seek compliance with those who contravene municipal bylaws.  

If paying a fine by mail or dropbox at Municipal Hall, your payment must be accompanied with a copy of the ticket or a note that includes: ticket number, full name, address, offence and violation date. If you fail to include this information, the payment may not be credited to you and the fine will remain outstanding.

Municipal Ticket

A municipal ticket (MTI) resembles a provincial violation ticket. Bylaw Compliance Officers can certify the allegation and deliver the ticket to the alleged offender without first visiting a provincial court justice to swear the information and obtain a summons. The alleged offender may then choose to admit to the offence and pay the penalty without appearing in court. MTIs can be issued for both parking violations and municipal bylaw violations.

The penalty for a contravention enforced through a MTI may not exceed $1,000. The penalty is the amount that must be paid to avoid appearance in court or a deemed conviction. 

Bylaw Offence Notice

A bylaw offence notice (BON) is a less formal process used for simple bylaw contraventions like parking violations. A dispute process takes place through the Nanaimo Bylaw Dispute Adjudication Registry that is presided over by a neutral adjudicator with a maximum penalty that may be imposed by regulation (currently $500). The Bylaw Dispute Adjudication system allows North Cowichan to manage bylaw disputes locally rather than through the provincial court system.

BONs can be written by Bylaw Compliance Officers and delivered in various ways, including in person or by being left on a vehicle. BON penalties are strictly monetary, the burden of proof is substantially less, and the adjudicator does not have the ability to adjust the penalty amount.

Offence Act Prosecutions

North Cowichan may enforce their bylaws by using a long form information under the Offence Act, which is a process through the provincial courts used for major bylaw contraventions.

The Offence Act provides a default if a local government has not established penalties by bylaw or if the local government has no specific enforcement scheme such as the municipal ticket information system. Offence Act prosecutions can be used even if specific enforcement schemes are in place and is the appropriate method of enforcing major bylaw contraventions.

Municipal bylaws may establish the minimum or maximum fine that North Cowichan can seek. However, if no penalty is specified, those under the Offence Act apply. Unless otherwise specifically provided in an enactment, a person who is convicted of an offence is liable to a fine up to $2,000, to imprisonment up to six months, or to both. The actual fine imposed in a specific case is determined by the provincial court judge.

Prosecutions under the Offence Act are intended for serious bylaw contraventions - the maximum possible penalty for municipal bylaw contraventions, established under the Community Charter is $50,000 and 6-months imprisonment.