The South Coast British Columbia Transportation Authority Act (the "SCBCTA Act") and the related fare collection bylaw (the "Bylaw") set out the procedures for disputing a fare infraction ticket.
You can dispute your ticket even if you've paid some or all of the ticketed amount. If your ticket is cancelled during this process, TransLink will issue a refund for the amount you paid.
How to Dispute a Fare Infraction Ticket
In order to dispute a fare infraction ticket, you must:
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fill out a Notice of Dispute form and
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send the dispute form to the TransLink Fare Infraction Administration office within 14 days of getting the ticket (except as set out in section 4(1)(b) of the Bylaw).
If you don't fill out the dispute form completely, or information is wrong or missing, the Dispute Screening Officer might reject your dispute. If your dispute is rejected, you still have to pay the ticket.
Reasons for Dispute
According to section 251(1) of the SCBCTA Act, you can dispute your ticket if:
- you didn't commit the infraction as alleged and/or
- the ticket doesn't comply with section 249(1) of the SCBCTA Act.
Things to Know About the Dispute Process
A Dispute Screening Representative will review your case in accordance with the SCBCTA Act and the Bylaw. These representatives can't reduce the ticketed amount or cancel the ticket for any reason other than the ones listed in section 251(1) of the SCBCTA Act.
Occasionally, the Dispute Screening Representative will require more information from the fare officer who issued the ticket, and a copy of the fare officer's response will be shared with you.
You'll normally have five (5) business days to respond to the officer's additional information, or to withdraw your dispute. If you don't respond within that time limit, the dispute process will continue based on the information you provided in your dispute form.
In accordance with the SCBCTA Act and the Bylaw, the Dispute Screening Representative will decide whether or not to cancel your ticket. You'll be notified (via the email or mailing address you provided in your dispute form) what decision has been made and why.
If your ticket isn't cancelled, you still have to pay the fine. If you're not satisfied with the outcome of the dispute process, you can appeal the decision as explained below.
All disputes are reviewed in accordance with the SCBCTA Act and the Bylaw. The dispute proceeding is closed to the public and is subject to the Freedom of Information and Protection of Privacy Act of British Columbia.
Appealing a Fare Infraction After Dispute
In order to appeal your ticket, you must:
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fill out a Notice of Appeal form and
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send the appeal form to the TransLink Fare Infraction Administration office within 30 days from the dispute decision date (except as set out in section 5 of the Bylaw).
If you don't fill out the appeal form completely, or information is wrong or missing, the arbitrator might reject your appeal. If your appeal is rejected, you still have to pay the ticket.
Reasons for Appeal
According to section 253 of the SCBCTA Act, you can appeal your ticket if:
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you didn't commit the infraction as alleged
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the ticket doesn't comply with section 249(1) of the SCBCTA Act and/or
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you feel that relevant information was not submitted in the dispute process (per section 6 of the Bylaw). This is a chance for you to submit information or evidence that you didn't submit during the dispute process.
The Appeal Process
An arbitrator will review your case in accordance with the SCBCTA Act and the Bylaw. An arbitrator can't reduce the ticketed amount or cancel the ticket for any reason other than the ones listed in section 253 of the SCBCTA Act.
TransLink will provide the arbitrator with a copy of:
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the fare infraction ticket that you're appealing
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the dispute form that you submitted
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the Dispute Screening Representative's decision in the dispute process
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the appeal form that you submitted
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the statement from the fare officer who issued the ticket (if applicable – see the Dispute Process above)
The appeal will be conducted based on the materials listed above, unless the arbitrator directs otherwise.
The arbitrator may ask you, or TransLink, for additional information to be provided in writing or electronically. To make sure everyone is aware of all the material available to the arbitrator, any requests for additional information will be shared with the other participant, and that participant will normally have five (5) business days to respond. If a response is not received within that time limit, the appeal process will continue based on the information previously provided.
In accordance with the SCBCTA Act and the Bylaw, the arbitrator will decide whether or not to cancel your ticket. You'll be notified (via the email or mailing address you provided in your appeal form) what decision has been made and why.
If your ticket isn't cancelled, you still have to pay the fine. If you're not satisfied with the outcome of the appeal process, you can refer the arbitrator's decision to the Provincial Court for review by filling our the Referral for Review form within 30 days from the date that you received the arbitrator's decision (in accordance with section 257 of the SCBCTA Act).
If your referral to the Provincial Court is unsuccessful, surcharges will be applied to the amount owed on the ticket, unless you've paid the amount in full before the date of the applicable surcharge. This is in accordance with sections 3(2) and 3(3) of the Bylaw.
The appeal proceeding is closed to the public and is subject to the Freedom of Information and Protection of Privacy Act of British Columbia.