The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 31st day of May, 2012
Craig James, Clerk of the House
HONOURABLE BLAIR LEKSTROM
MINISTER OF TRANSPORTATION AND INFRASTRUCTURE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the South Coast British Columbia Transportation Authority Act, S.B.C. 1998, c. 30, is amended by adding the following definitions:
"Electoral Area A Director" means the Director representing Electoral Area A on the Regional Board of the Greater Vancouver Regional District;
"fare collection bylaw" means the bylaw referred to in section 245 (1);
"infraction" means a breach of section 244;
"ticketed amount" means, in relation to an infraction for which a ticket is issued under section 248, the aggregate of the following amounts:
(a) the amount of the fine established in relation to the infraction by the fare collection bylaw;
(b) any charges payable in conjunction with the fine amount;
(c) any surcharges payable on or in relation to the fine amount;
(d) any discounts on or in relation to the fine amount;
(e) any interest payable on or in relation to any unpaid portion of the amounts referred to in paragraphs (a) to (c); .
2 Section 13.2 is amended by adding the following subsection:
(3) The authority must
(a) publish on its website
(i) the information that under section 249 (1) (f) is included on tickets issued under section 248, and
(ii) the fare collection bylaw, and
(b) ensure that the most current versions of the information and bylaw referred to in paragraph (a) of this subsection remain on the website.
3 Section 13.4 is amended by adding the following paragraphs:
(g) the current version of the fare collection bylaw;
(h) the number of tickets issued in that year under section 248 and the ticketed amounts collected in that year.
4 Section 45.1 (1) (c) is amended by striking out "the commissioner or any inspector" and substituting "the commissioner, an inspector, or a performance auditor within the meaning of section 227.1,".
5 Section 170 is amended by adding the following definitions:
"appointed director" means an individual who is appointed or reappointed as a director under this Part but does not include a statutory director;
"statutory director" means an individual who, under section 171 (3), is a director of the authority.
6 Section 171 is amended
(a) in subsection (1) by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraph:
(c) after that,
(i) 9 qualified individuals appointed as directors of the authority in accordance with this Part, and
(ii) the statutory directors. ,
(b) in subsection (1) (b) by striking out "after that," and substituting "after that and before the coming into force of subsection (3) of this section,",
(c) in subsection (2) by striking out "A director appointed under this Part" and substituting "An appointed director", and
(d) by adding the following subsections:
(3) An individual who is the chair or vice chair of the mayors' council on regional transportation is a director of the authority if the individual
(a) consents to act as a director of the authority, and
(b) has never
(i) been removed from the board under section 183 or 187, or
(ii) resigned as a director of the authority.
(4) A statutory director is a director of the authority from the date that his or her written consent to act as a director of the authority is provided to any director or officer of the authority until the earlier of
(a) the date on which he or she resigns or is removed as a director, and
(b) the date on which he or she ceases to be a chair or vice chair of the mayors' council on regional transportation.
(5) An act or a proceeding of the directors of the authority is not invalid merely because fewer than the number of directors required by subsection (1) are in office or in attendance.
7 Section 179 (4) is amended by striking out "the number of directors" wherever it appears and substituting "the number of appointed directors".
8 Section 186 (b) is amended by striking out "the directors" and substituting "the appointed directors".
9 Section 188 (1) is amended by striking out "a director" and substituting "an appointed director".
10 Section 191 is amended by adding the following subsection:
(1.1) Nothing in subsection (1) prevents a statutory director of the authority from providing to the other directors the views of the mayors' council on regional transportation.
11 Section 202 (1) is amended by striking out "August" and substituting "November".
12 Section 208 is repealed and the following substituted:
208 There is established a mayors' council on regional transportation consisting of the following:
(a) each individual who is a mayor of a municipality in the transportation service region;
(b) each individual who is the head of a treaty first nation whose treaty lands are in the transportation service region;
(c) the Electoral Area A Director.
13 Section 210 (3) is repealed and the following substituted:
(3) If a member is unable to attend a meeting of the mayors' council on regional transportation, the member may appoint, as a delegate,
(a) in the case of a mayor, a member of his or her municipal council,
(b) in the case of the head of a treaty first nation, a member of the governing body of the treaty first nation, or
(c) in the case of the Electoral Area A Director, an alternate appointed in accordance with section 787 of the Local Government Act,
to attend and act on his or her behalf at that meeting, but nothing in this subsection allows the chair or vice chair of the mayors' council on regional transportation to appoint a delegate to act as the chair or vice chair respectively of the mayors' council on regional transportation.
14 Section 211 is amended
(a) in subsection (1) by striking out "and" at the end of paragraph (a) and by adding the following paragraph:
(a.1) must appoint one of their number as vice chair, and ,
(b) in subsection (2) by striking out "or 217 (2)," and substituting ", 217 (2) or 246 (4),", and
(c) in subsection (2) by striking out "or" at the end of paragraph (a), by adding "or" at the end of paragraph (b) and by adding the following paragraph:
(c) in the case of the Electoral Area A Director, Electoral Area A of the Greater Vancouver Regional District, .
15 The following section is added to Division 2 of Part 11:
227.1 (1) In this section:
"performance audit" means an assessment of the efficiency and cost-effectiveness of the authority in managing and operating the regional transportation system;
"performance auditor" means a person appointed under subsection (3) to conduct a performance audit under this section.
(2) Subject to subsection (7), the mayors' council on regional transportation may, by resolution, request the minister to undertake a performance audit.
(3) The minister may, and if requested to do so under subsection (2), must, appoint a person to conduct a performance audit, and, if an appointment is made by the minister under this subsection, section 227 applies to the performance audit as if a reference in section 227 to an inspector or an inspection were a reference to the performance auditor or a performance audit respectively.
(4) After completing a performance audit under this section, the performance auditor must
(a) prepare an audit report indicating the results of the performance audit, and
(b) provide a copy of that audit report to the minister, the mayors' council on regional transportation, the chair of the authority's board of directors and any other persons the minister may direct.
(5) The minister may publish the audit report, or any part or parts of it that the minister considers appropriate, in the manner the minister considers appropriate.
(6) The authority must pay all of the reasonable costs of a performance audit done by the performance auditor in response to a request of the mayors' council on regional transportation under subsection (2), including the costs of the inspections and investigations undertaken by the performance auditor and the preparation and delivery of the audit report.
(7) The mayors' council on regional transportation must not make a request under subsection (2) within 3 years after the date of the most recent audit report prepared under this section.
16 The following Part is added:
Part 12 — Fare Recovery
Division 1 — Fare Collection Bylaw
243 In this Part:
"fare" means a user fee established under section 29 (2);
"fare officer" means a transit employee who is employed or retained as a fare officer by, or with the authorization of, the authority, and includes a member of the South Coast British Columbia Transportation Authority Police Service;
"fare paid zone" means any transit facility or service to which access is restricted by sign to those persons who have
(a) paid the fare required by the tariff for that access, or
(b) otherwise satisfied the requirement for that payment in any other manner authorized by the fare collection bylaw;
"related party", in relation to the authority, means
(a) a subsidiary of the authority,
(b) an agent or contractor of the authority, or
(c) an agent or contractor of a subsidiary of the authority;
"tariff" means the applicable fare structure from time to time established by the authority;
"transit employee" means an employee of the authority or a related party;
"transit facility or service" means transit property and any revenue transit service provided by the authority or a related party, including, without limitation, the following:
(a) any part of the regional transportation system, other than the major road network;
(b) any bus transportation service, rail transportation service or ferry service in any other region or location where the service is being operated by the authority or by its subsidiaries or contractors;
(c) custom transit services;
(d) any ferry landing or ferry approach under the jurisdiction of the authority;
"transit property" means property that is used to provide revenue transit services and that is owned or controlled by the authority or a related party;
"transit vehicle" means any vehicle operated by the authority or a related party as or for a revenue transit service.
244 (1) A person entering a fare paid zone or boarding a transit vehicle that is not a fare paid zone must
(a) pay the fare required by the tariff or satisfy the requirement for that payment in any other manner authorized by the fare collection bylaw, and
(b) obtain the proof of payment required by the fare collection bylaw, if any, that
(i) the fare was paid, or
(ii) the requirement for its payment was satisfied in a manner authorized by the fare collection bylaw.
(2) A person must, while in a fare paid zone or a transit vehicle that is not a fare paid zone, retain the proof of payment, if any, required under subsection (1) (b) and produce it for inspection at the request of a transit employee.
(3) A reference in this section to "person" does not apply to a transit employee acting in the course of his or her duty.
245 (1) The authority must, by bylaw, establish a scheme to enhance the authority's collection of fares.
(2) The authority must, in the fare collection bylaw, do the following:
(a) subject to subsection (5), establish the amount of the fines and the amount of the surcharges and other charges, if any, that must be paid by, and the discounts that may be available to, a person who commits an infraction;
(b) establish dispute and appeal procedures, consistent with this Act and the regulations, to be used to resolve disputes relating to liability under tickets issued under section 248;
(c) establish a dispute period within which a dispute of a ticket issued under section 248 must be brought under Division 3;
(d) establish an appeal period within which an appeal of a ticket issued under section 248 must be brought under Division 4.
(3) The authority may, in the fare collection bylaw, do any one or more of the following:
(a) establish one or more periods for the purposes of subsection (4) relating to payment of a fine payable in relation to a ticket issued under section 248;
(b) establish a rate of, and the manner of calculating, interest, if any, that may accrue on or in relation to all or any portion of unpaid ticketed amounts;
(c) authorize the use of any word or expression on a ticket issued under section 248 to designate an infraction;
(d) exempt persons or classes of persons from one or more infractions or classes of infractions;
(e) set out any information that must be contained in a ticket issued under section 248;
(f) establish procedures for the creation, completion and execution of tickets, including, without limitation, by electronic means.
(4) Subject to subsection (5), a provision of a fare collection bylaw under subsection (2) (a) may specify
(a) a discount of the fine amount of a ticket issued under section 248 if the discounted ticketed amount is paid within the period, if any, established under subsection (3) (a) of this section for the purposes of a discount under this paragraph, and
(b) one or more surcharges to be added to the fine amount of a ticket issued under section 248 if the ticketed amount is paid in any one or more periods, if any, established under subsection (3) (a) of this section for the purposes of surcharges under this paragraph.
(5) The ticketed amount payable in relation to a ticket issued under section 248 for an infraction must not exceed any maximum ticketed amount prescribed for that infraction.
(6) The minister
(a) may request that the authority amend the fare collection bylaw, and, in that request, provide directions as to how the fare collection bylaw should read or what it should or should not contain, or
(b) may request that the authority repeal one or more provisions of the fare collection bylaw.
(7) If the authority does not comply with a request made under subsection (6) within 90 days after the date of the request, the minister may, by regulation, add, amend or repeal a provision of the fare collection bylaw.
(8) In the event of a conflict between
(a) a provision added or amended under subsection (7), and
(b) any other provision of the fare collection bylaw,
the provision referred to in paragraph (a) prevails to the extent of the conflict.
246 (1) Before enacting, replacing or amending a fare collection bylaw, the authority must provide the proposed bylaw or amendment to the mayors' council on regional transportation for approval.
(2) The mayors' council on regional transportation
(a) must review any proposed bylaw or amendment provided to it under subsection (1),
(b) may, by resolution, approve or reject the proposed bylaw or amendment, and
(c) must, after making a resolution under paragraph (b), provide a copy of that resolution to the authority.
(3) A fare collection bylaw is not enacted, replaced or amended until the authority receives a copy of a resolution of the mayors' council on regional transportation approving the bylaw or the amendment.
(4) For the purposes of a resolution under subsection (2) (b), each member of the mayors' council on regional transportation has one vote.
(5) This section does not apply to replacements of or amendments to a fare collection bylaw made in response to a request under section 245 (6) or made by regulation under section 245 (7).
Division 2 — Enforcing Fare Collection Bylaw
247 A person who breaches section 244 commits an infraction.
248 (1) A fare officer may issue a ticket for an infraction and, in that event, must serve the ticket on the person who committed the infraction.
(2) A fare officer, other than a member of the South Coast British Columbia Transportation Authority Police Service,
(a) must carry identification in the form approved by the authority, and
(b) must, on the request of any person to whom the fare officer is issuing or may issue a ticket, present the identification to that person.
(3) Without limiting any other rights the authority or a related party may have to request personal information, a fare officer may, in order to issue a ticket under this section, request from the person information about and evidence of the person's identity and address.
(4) Nothing in this section limits any power that a fare officer who is a member of the South Coast British Columbia Transportation Authority Police Service has in his or her capacity as a member of the South Coast British Columbia Transportation Authority Police Service.
249 (1) A ticket issued under section 248 must contain all of the following:
(a) a statement of the infraction and of the date, time and location at which the infraction occurred;
(b) a statement of the fine amount applicable to the infraction;
(c) a statement of the charges and interest, if any, payable in relation to the fine amount;
(d) a statement of the date by which the ticketed amount is to be paid and of any discounts that apply if payment is made in the period before that date and of any surcharges that apply if payment is made in any period or periods after that date;
(e) an address to which a notice disputing liability under the ticket may be delivered;
(f) the information that, under section 27 (2) (a) to (c) of the Freedom of Information and Protection of Privacy Act, is to be provided to the person from whom personal information is collected in relation to the ticket.
(2) The use on a ticket issued under section 248 of
(a) any word or expression authorized by the fare collection bylaw under section 245 (3) (c) to designate an infraction, or
(b) a general description of an infraction
is deemed sufficient for all purposes to describe the infraction designated by that word, expression or description.
250 A person to whom a ticket has been issued under section 248 is indebted to the authority for the unpaid portion of the ticketed amount unless
(a) the person disputes liability in accordance with Division 3 and the ticket is cancelled in that process,
(b) the person appeals liability in accordance with Division 4 and the ticket is cancelled in that process, or
(c) the person applies to court under section 257 and is relieved of liability by the court.
Division 3 — Dispute Procedure
251 (1) A person to whom a ticket has been issued under section 248 may, within the period and in the manner provided in the fare collection bylaw, dispute his or her liability under the ticket on one or more of the following grounds:
(a) the person did not commit the infraction as alleged;
(b) the ticket does not comply with section 249 (1);
(c) any other ground for cancellation set out in the fare collection bylaw.
(2) If, in accordance with subsection (1), a person disputes liability under a ticket issued under section 248, the authority may, if it is satisfied that any of the grounds referred to in subsection (1) applies, cancel the ticket.
252 The payment of some or all of the ticketed amount of a ticket issued under section 248 does not prejudice the right of the person who received the ticket to dispute or appeal liability under the ticket.
Division 4 — Appeal Procedure
253 A person who has, in accordance with the dispute procedure established in the fare collection bylaw and in Division 3 of this Part, disputed liability under a ticket issued under section 248 and who is not satisfied with the outcome of that procedure may, within the period specified in the fare collection bylaw and in accordance with the appeal procedure established in the fare collection bylaw and this Act and the regulations, appeal liability under the ticket to an arbitrator on one or more of the following grounds:
(a) the person did not commit the infraction as alleged;
(b) the ticket does not comply with section 249 (1);
(c) any other ground for cancellation set out in the fare collection bylaw.
254 (1) For the purposes of this Division, the minister must appoint one or more persons as arbitrators to serve for a term of 3 years and must establish the arbitrators' remuneration and the basis on which it is to be paid.
(2) The minister must appoint as arbitrators persons who are independent from the authority.
(3) The authority is responsible for paying
(a) the remuneration established for the arbitrators under subsection (1), and
(b) any other expenses, other than the costs or expenses of the person bringing the appeal, arising out of the appeal procedure.
255 An arbitrator may not hear an appeal if the arbitrator has or is reasonably apprehended to have a bias or an interest in relation to the outcome of the dispute.
256 (1) If, in accordance with this Division, a person appeals liability under a ticket issued under section 248, the arbitrator must, in his or her decision on the appeal,
(a) confirm the ticket, or
(b) if satisfied that any of the grounds referred to in section 253 (a) to (c) applies, cancel the ticket.
(2) The arbitrator must, after reaching a decision on a person's appeal, provide notice of the arbitrator's decision to the person and the authority.
257 If, after completing the dispute and appeal procedures referred to in this Part, a person to whom a ticket has been issued under section 248 is not satisfied with the arbitrator's decision, the person may, within 30 days after receiving notice under section 256 (2) of the arbitrator's decision, refer the decision to the Provincial Court for review.
Division 5 — Remedies
258 (1) Subject to subsection (2), if a person is indebted to the authority under section 250, a certificate of the authority, signed by the chief executive officer of the authority, may be filed with the Provincial Court stating
(a) the details of the ticket, including the infraction and the date and location of the infraction,
(b) the name of the person required to pay the unpaid portion of the ticketed amount, and
(c) the unpaid portion of the ticketed amount and the interest that will accrue on the unpaid portion of the ticketed amount until the unpaid portion of the ticketed amount and all accrued interest has been paid to the authority.
(2) The authority must not file a certificate under subsection (1) until the earlier of
(a) the date on which the dispute period established under section 245 (2) (c) has passed without a dispute having been filed,
(b) the date on which the appeal period established under section 245 (2) (d) has passed without an appeal having been filed, and
(c) the date on which the review period established under section 257 has passed without an application for review having been filed.
(3) A certificate filed with the Provincial Court under subsection (1) of this section has the same effect, and proceedings may be taken, as if it were a judgment of the Provincial Court for the recovery of a debt in the amounts referred to in subsection (1) (c) against the person named in the certificate.
(4) A certificate may not be filed under subsection (1),
(a) subject to paragraph (b), more than 2 years after the date on which, under subsection (2), the authority is first able to file a certificate, or
(b) if a review is sought under section 257, more than 2 years after the later of
(i) the date on which the claim is withdrawn, and
(ii) the date on which the court makes a final determination of the claim that does not relieve the applicant from liability under the ticket.
(5) A certificate under subsection (1)
(a) is admissible in any proceedings to recover the certified indebtedness without proof of the signature or official position of the person appearing to have signed the certificate, and
(b) is proof of the certified facts.
259 Unless and until a person who, under section 250, is indebted to the authority pays to the authority the full amount of that indebtedness, the authority may
(a) set off and apply against that indebtedness some or all of any credit, refund or other amount owed by the authority to the person,
(b) prohibit the person from accessing, or entering or remaining at, on or in, any transit facility or service, and
(c) refrain from issuing any pass or transponder to the person.
260 The rights and remedies available to the authority under this Division or any other provision of this Act or the regulations for the collection of a ticketed amount are in addition to any other rights and remedies available to the authority at law for the collection of the indebtedness.
261 (1) In this section, "assign" includes sell or transfer, and "assignee" has a corresponding meaning.
(2) The authority may assign to a person, including, without limitation, the Minister of Finance on behalf of the government, on any terms or conditions the authority and the assignee may agree, all of the authority's right, title and interest in and to indebtedness to the authority under section 250, including, without limitation, all surcharges and interest that, under this Act and the fare collection bylaw, have accrued and may accrue in relation to all or any part of the indebtedness.
(3) If the authority's right, title and interest in and to indebtedness of a debtor is assigned under subsection (2) in the form and manner prescribed, the assignment is deemed for all purposes to be valid and enforceable for all purposes and, without limiting this, on any day after the effective date of the assignment, the unpaid amount of the debtor's indebtedness, including, without limitation, all surcharges and interest that, under this Act and the fare collection bylaw, have accrued to that date in relation to all or any part of the indebtedness, is due, owing and payable to the assignee by the debtor without any further notice or action being required.
(4) If the authority's right, title and interest in and to indebtedness is assigned under subsection (2) to the government,
(a) the indebtedness is deemed for the purposes of section 86.1 of the Financial Administration Act to be a government claim within the meaning of that section and the limitation period applicable to government claims applies to the indebtedness, whether or not the transfer occurred before, on or after the expiry of the 2 year period referred to in section 6 of the Limitation Act,
(b) the government may, to collect the assigned indebtedness, use any means available to it for the collection of debts, including, without limitation, any statutory means, and
(c) any payment required to be made by the government to the authority under or by virtue of the assignment may be paid out of the consolidated revenue fund.
262 (1) In this section:
"law enforcement" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
(2) The authority must not, through the exercise of any rights or powers provided to the authority under this Part, or through any activity conducted in conjunction with the issue of tickets under section 248 and the collection of ticketed amounts, collect personal information in relation to individuals who use a transit facility or service unless the personal information
(a) is collected for the purpose of issuing tickets under section 248 or collecting ticketed amounts or any related interest or charges, or
(b) is provided under subsection (4).
(3) The authority must not use or disclose personal information obtained under this Part unless, in the case of personal information collected under subsection (2) (a) or (b) of this section, the use or disclosure is
(a) for the purpose of issuing tickets under section 248 or collecting ticketed amounts or any related interest or charges,
(b) for the purpose of court proceedings relating to this Act, or
(c) in accordance with an enactment of British Columbia or Canada that authorizes or requires its disclosure.
(4) Without limiting any other power the Insurance Corporation of British Columbia may have to collect, use or disclose personal information, the Insurance Corporation of British Columbia may enter into information-sharing agreements with the authority and related parties for the purposes set out in subsection (5).
(5) An information-sharing agreement under subsection (4) may be entered into for the purpose of the issue of tickets under section 248 or the collection of ticketed amounts or any related interest or charges.
263 Without limiting any other power the Lieutenant Governor in Council may have to make regulations, the Lieutenant Governor in Council may make regulations as follows:
(a) regulations considered necessary or advisable to more efficiently bring this Part into operation or to meet or remove any difficulty arising out of its enactment;
(b) regulations respecting any matter for which regulations are contemplated by this Part.
17 (1) Until the authority has enacted a fare collection bylaw under section 245 of the South Coast British Columbia Transportation Authority Act that has been approved under section 246 (2) (b) of that Act by resolution of the mayors' council on regional transportation, the Lieutenant Governor in Council may make regulations respecting any matter that must or may be included in a fare collection bylaw under section 245 of that Act and may prescribe all or part of that regulation and all or part of any other enactment to constitute the first fare collection bylaw of the authority.
(2) If, under subsection (1) of this section, the Lieutenant Governor in Council prescribes the first fare collection bylaw of the authority, the bylaw so prescribed is deemed for all purposes to be a bylaw of the authority and, without limiting this, the authority may amend or replace that bylaw in the manner contemplated by section 246 of the South Coast British Columbia Transportation Authority Act as if it were a bylaw of the authority.
Consequential Amendments
Motor Vehicle Act
18 Section 26 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended
(a) in subsection (1) (c) by striking out "or" at the end of subparagraph (vi) and by adding the following subparagraphs:
(ix) the South Coast British Columbia Transportation Authority Act, whether the indebtedness arose before or after this subparagraph comes into force, or
(x) the British Columbia Transit Act, whether the indebtedness arose before or after this subparagraph comes into force, ,
(b) in subsection (1) by adding the following paragraph:
(f.1) is indebted to the authority, as that term is defined in the South Coast British Columbia Transportation Authority Act, under section 250 of that Act, ,
(c) in subsection (2) by striking out "or" at the end of paragraph (d) and by adding the following paragraph:
(d.1) is indebted to the authority, as that term is defined in the South Coast British Columbia Transportation Authority Act, under section 250 of that Act, or ,
(d) in subsection (3) (d) (ii) by striking out "(vii)" and substituting "(x)", and
(e) in subsection (3) by adding ", or" at the end of paragraph (d) (ii) and by adding the following paragraph:
(e) an indebtedness arising under Part 12 of the South Coast British Columbia Transportation Authority Act.
19 This Act comes into force by regulation of the Lieutenant Governor in Council.