Acts and Regulations

2017, c.18 - Local Governance Act

Section 133
Disposition versions

Full text
Evidence
133(1)Proof of giving a notice in a manner provided for in subsection 132(3) may be made by a certificate or an affidavit purporting to be signed by the by-law enforcement officer referred to in subsection 132(1) naming the person named in the notice and specifying the time, place and manner in which notice was given.
133(2)A document purporting to be a certificate under subsection (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
133(3)In a prosecution for a violation of a by-law made under paragraph 10(1)(d) in which proof of the giving of the notice is made in accordance with subsection (1), the onus is on the accused to prove that the accused is not the person named in the certificate or affidavit.
133(4)A notice given under section 132 and purporting to be signed by a by-law enforcement officer shall be
(a) received in evidence by any court in the Province without proof of the signature,
(b) proof, in the absence of evidence to the contrary, of the facts stated in the notice, and
(c) in a prosecution for a violation of a by-law made under paragraph 10(1)(d), proof, in the absence of evidence to the contrary, that the person named in the notice is the owner or occupier of the premises, building or other structure in respect of which the notice was given.
Evidence
133(1)Proof of giving a notice in a manner provided for in subsection 132(3) may be made by a certificate or an affidavit purporting to be signed by the by-law enforcement officer referred to in subsection 132(1) naming the person named in the notice and specifying the time, place and manner in which notice was given.
133(2)A document purporting to be a certificate under subsection (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
133(3)In a prosecution for a violation of a by-law made under paragraph 10(1)(d) in which proof of the giving of the notice is made in accordance with subsection (1), the onus is on the accused to prove that the accused is not the person named in the certificate or affidavit.
133(4)A notice given under section 132 and purporting to be signed by a by-law enforcement officer shall be
(a) received in evidence by any court in the Province without proof of the signature,
(b) proof, in the absence of evidence to the contrary, of the facts stated in the notice, and
(c) in a prosecution for a violation of a by-law made under paragraph 10(1)(d), proof, in the absence of evidence to the contrary, that the person named in the notice is the owner or occupier of the premises, building or other structure in respect of which the notice was given.