Acts and Regulations

2017, c.18 - Local Governance Act

Full text
Offences and penalties – specific cases
149(1)A local government may, by by-law,
(a) provide that if a person is convicted of doing anything without a licence for or in respect of which a licence is required by a by-law, a judge of the Provincial Court may, unless the person has paid the fee for the licence, order payment of the fee for the licence in addition to the fine,
(b) provide that if a person is convicted of a violation of a by-law relating to the licensing, operation or parking of bicycles, a judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the bicycle in respect of which the offence was committed be impounded for not more than 30 days.
149(2)If a judge of the Provincial Court orders payment of a licence fee in addition to a fine under paragraph (1)(a), the licence fee shall be deemed to form part of the fine.
149(3)If a local government makes a by-law under paragraph 10(1)(e) relating to maintenance and occupancy standards for buildings and premises, the by-law shall
(a) despite subsection 148(2), provide that a person who violates or fails to comply with the by-law commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence,
(b) despite subsection 56(6) of the Provincial Offences Procedure Act, provide that the minimum fine that may be imposed by a judge under that Act in respect of an offence under paragraph (a) shall be $1,000,
(c) provide that if an offence under paragraph (a) continues for more than one day,
(i) the minimum fine that may be imposed is the sum of
(A) $1,000, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
149(4)If a local government makes a by-law under paragraph 10(1)(k) relating to animal control activities, the by-law shall
(a) provide that if a person is convicted of a violation of a by-law relating to animals, a judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the animal in respect of which the offence was committed be disposed of or destroyed, and
(b) provide that if a complaint has been made to a judge of the Provincial Court alleging that an animal has bitten or attempted to bite a person, the judge may summon the owner of the animal to appear and show cause why the animal should not be destroyed and may, if from the evidence produced it appears that the animal has bitten a person, make an order directing
(i) that the animal be destroyed, or
(ii) that the owner or keeper of the animal keep the animal under control.
Offences and penalties – specific cases
149(1)A local government may, by by-law,
(a) provide that if a person is convicted of doing anything without a licence for or in respect of which a licence is required by a by-law, a judge of the Provincial Court may, unless the person has paid the fee for the licence, order payment of the fee for the licence in addition to the fine,
(b) provide that if a person is convicted of a violation of a by-law relating to the licensing, operation or parking of bicycles, a judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the bicycle in respect of which the offence was committed be impounded for not more than 30 days.
149(2)If a judge of the Provincial Court orders payment of a licence fee in addition to a fine under paragraph (1)(a), the licence fee shall be deemed to form part of the fine.
149(3)If a local government makes a by-law under paragraph 10(1)(e) relating to maintenance and occupancy standards for buildings and premises, the by-law shall
(a) despite subsection 148(2), provide that a person who violates or fails to comply with the by-law commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence,
(b) despite subsection 56(6) of the Provincial Offences Procedure Act, provide that the minimum fine that may be imposed by a judge under that Act in respect of an offence under paragraph (a) shall be $1,000,
(c) provide that if an offence under paragraph (a) continues for more than one day,
(i) the minimum fine that may be imposed is the sum of
(A) $1,000, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and
(ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues.
149(4)If a local government makes a by-law under paragraph 10(1)(k) relating to animal control activities, the by-law shall
(a) provide that if a person is convicted of a violation of a by-law relating to animals, a judge of the Provincial Court may, in addition to or instead of imposing a fine, order that the animal in respect of which the offence was committed be disposed of or destroyed, and
(b) provide that if a complaint has been made to a judge of the Provincial Court alleging that an animal has bitten or attempted to bite a person, the judge may summon the owner of the animal to appear and show cause why the animal should not be destroyed and may, if from the evidence produced it appears that the animal has bitten a person, make an order directing
(i) that the animal be destroyed, or
(ii) that the owner or keeper of the animal keep the animal under control.