Casual Legal: Bylaw tickets explained

DISCLAIMER: This article is meant to provide information to Alberta Municipalities members only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. This content is not intended for the general public.

By Mitchell R. Hayward
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider

Understanding the differences between Part 2 and Part 3 tickets is important for individuals dealing with municipal bylaw infractions. Under the Alberta Provincial Offences Procedure Act, there are two types of tickets – summons violation tickets (Part 2) and offence notice violation tickets (Part 3).

Part 2 tickets

Part 2 tickets are used for more serious bylaw infractions or when the circumstances of the offence warrant a court appearance. These tickets require the recipient to attend court, where the matter will be adjudicated. Key features of Part 2 tickets include:

• Mandatory court appearance. The recipient must appear in court on the date specified in the ticket, assuming they do not plead guilty and make a voluntary payment before the specified court date.
• Potential for higher penalties. Part 2 tickets may be issued where an offence attracts a penalty higher than $1,000.  

Part 3 tickets

Part 3 tickets are typically issued for minor bylaw infractions. These tickets are often referred to as "violation tickets." They are issued on the spot by a peace officer or bylaw enforcement officer and include a specified penalty that the recipient can pay voluntarily to resolve the matter without appearing in court. Key features of Part 3 tickets include:

• No court appearance required. If the penalty is paid by the due date, no further legal action is necessary.
• Voluntary payment. The recipient can choose to pay the specified penalty, which is considered an admission of guilt, thereby avoiding a court appearance.

Conclusion

In sum, Part 2 tickets require a mandatory court appearance, but exceptions exist where a voluntary payment can be made, thereby excusing the defendant from appearing in court. Part 3 tickets simplify the procedure for minor offences and do not require a court appearance. If a defendant fails to respond to a Part 3 ticket, a conviction is entered in their absence with a specified penalty.

The decision on which type of ticket to issue depends on the public interest and the seriousness of the offence, with Part 2 generally dealing with more serious offences. Understanding these differences is essential for effectively managing bylaw infractions in Alberta.

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) to connect with Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.