I got a bylaw offence notice on my car today. is it true that if it is just a notice, that I don’t have to pay it? I only HAVE to pay if its a violation ticket? and, if I do not pay it, will it affect my credit, or insurance premiums?
Sorry, Man. I cannot emphasize enough that you should NOT take legal advice from a City Councilor’s blog. But if you got a ticket on your car, my best advice is to pay it or challenge it; both options are available to you. The form prescribed by provincial law starts with “Notice of Bylaw Infraction”, but that isn’t just a warning, it is a ticket notifying you that you got busted, and you need to deal with it.
It is worth while mentioning that there are different types of tickets. I’ll put aside the Motor Vehicle Act ticketing (your typical speeding, distracted driving or failing to yield thing) which is a purview of the Province, and for which the City has very little role. We don’t even get the money for the fines collected, but those are mixed in with Provincial Revenue (some of which is re-directed back to Local Governments, but now I’m already down a rabbit hole.)
Then there is the Bylaw Enforcement Ticketing Regulations that are under Section 264-270 of the Community Charter. This is something that Municipal Bylaw officers can and do enforce through issuing a ticket. The applicable regulation says any peace officer (RCMP, Local Police, Bylaw officers, even building inspectors) can enforce these Bylaws, and the ticket can’t be more than $1,000. If you want to appeal the ticket, you have 14 days to let the City know, and the City refers it to the Provincial Court so you can have your day in court in front of a judge to appeal.
The City also has access to the Local Government Bylaw Notice Enforcement Act which limits fines to $500, and doesn’t bother the courts. Instead, this process relies on an independent adjudicator in the event you want to dispute the ticket. If you don’t pay this fine, the City can still issue a certificate to the Provincial Court to recover the money. If you refuse to pay after a Provincial Court Judge orders you to do so, you are getting into bad situation.
So, just to touch back to your first question, here is what Section 262 of the Community Charter says can happen if you don’t pay your fine:
So (*still*not*legal*advice*) I would suggest that ignoring the ticket and hoping it goes away is a really bad idea.