Acts and Regulations

2017, c.18 - Local Governance Act

Full text
Evidence – other
155(1)Proof that a person is the registered owner of a motor vehicle that has been operated or parked in violation of a by-law is evidence that the person operated or parked the vehicle at the time of the violation unless the contrary is proved.
155(2)Section 361 of the Motor Vehicle Act applies with the necessary modifications in respect of a motor vehicle operated or parked or alleged to have been operated or parked in violation of a by-law.
155(3)In a prosecution for a violation of a by-law relating to the licensing of persons, a certificate purporting to be signed by a clerk stating that a person was not on a specified day the holder of a licence under the by-law is, without proof of the official character or handwriting of the clerk, sufficient evidence of the facts so stated, unless the contrary is proved.
155(4)When reference is made to a person by name in a certificate used for the purposes of subsection (3) and in a prosecution reference is made to the accused by the same name, the references in the certificate and the prosecution are references to the same person, unless the contrary is proved.
155(5)If, in a prosecution under a by-law relating to the licensing of persons carrying on or engaged in business, it is alleged that the person proceeded against carried on or engaged in the business without first having obtained a licence, proof of one transaction in the business is sufficient to establish that the person proceeded against carried on or engaged in the business.
Evidence – other
155(1)Proof that a person is the registered owner of a motor vehicle that has been operated or parked in violation of a by-law is evidence that the person operated or parked the vehicle at the time of the violation unless the contrary is proved.
155(2)Section 361 of the Motor Vehicle Act applies with the necessary modifications in respect of a motor vehicle operated or parked or alleged to have been operated or parked in violation of a by-law.
155(3)In a prosecution for a violation of a by-law relating to the licensing of persons, a certificate purporting to be signed by a clerk stating that a person was not on a specified day the holder of a licence under the by-law is, without proof of the official character or handwriting of the clerk, sufficient evidence of the facts so stated, unless the contrary is proved.
155(4)When reference is made to a person by name in a certificate used for the purposes of subsection (3) and in a prosecution reference is made to the accused by the same name, the references in the certificate and the prosecution are references to the same person, unless the contrary is proved.
155(5)If, in a prosecution under a by-law relating to the licensing of persons carrying on or engaged in business, it is alleged that the person proceeded against carried on or engaged in the business without first having obtained a licence, proof of one transaction in the business is sufficient to establish that the person proceeded against carried on or engaged in the business.