Equitable Penalty Sentencing Powers for Regional Districts

Year
2014
Number
B103
Sponsor(s)
Squamish-Lillooet RD

Whereas Section 263 of the Community Charter provides municipalities with the power to set minimum fines and the power to set maximum fines up to 10,000; And whereas there is no corresponding provision in the Local Government Act to provide regional districts with the same powers: Therefore be it resolved that the Province of BC enact an amendment to the Local Government Act to provide regional districts with the power to set minimum fines and the power to set maximum fines up to 10,000.

Provincial Response

Ministry of Community, Sport Cultural Development Regional districts authority to set fines and penalties are generally consistent with those provided to municipalities under the Community Charter. Under the Local Government Act regional districts have authority to establish penalties or fines for the purposes of enforcing bylaws. The Ministry notes that municipalities do have the power to set maximum fines up to 10,000 in relation an offence in a prosecution under the Offence Act whereas regional district authority is set at a maximum of 2,000 for such prosecutions. Regional district bylaw enforcement powers were not reviewed when the Community Charter was brought in. Should there be an opportunity to review regional district bylaw enforcement powers in the future, the Ministry will consider further aligning regional districts penalty setting powers with those specified in the Community Charter.

Convention Decision
Endorsed