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Bylaw 25-2021
Page 1
BYLAW 25-2021
TRANSIT BYLAW
Strathcona County operates a public transportation system, including vehicles and facilities,
which is known as Strathcona Transit; and
Section 7 of the Municipal Government Act, RSA 2000, c M-26, permits a Council to pass
bylaws for municipal purposes in relation to public transportation systems and public
utilities, and to create offences and impose fines and penalties; and
A public transportation system operated by or on behalf of a municipality is a public utility;
and
Section 8 of the Municipal Government Act, RSA 2000, c M-26, permits a Council to regulate
or prohibit particular activities, industries, businesses, or other things; and
Therefore Council enacts:
PART I -INTERPRETATION
Definitions
1
In this bylaw:
(a)
"bicycle" means a vehicle consisting of two wheels propelled by
human power but does not include motor powered bicycles,
mopeds, recumbent bicycles, tandem bicycles, or bicycles with
training wheels;
(b)
"bylaw enforcement officer" means an individual appointed or
authorized by the Chief Commissioner to enforce County bylaws,
and includes a peace officer and a police officer;
(c)
"Chief Commissioner" means the chief administrative officer of
the County, or delegate;
(d)
"County" means the municipal corporation of Strathcona County,
a specialized municipality established under the authority of the
Municipal Government Act, RSA 2000, c M-26 and Order in
Council 761/95, or, as the context requires, the geographical
boundaries of Strathcona County;
(e)
"fare" means:
(i)
the fee set out in the Fees, Rates, and Charges Bylaw for
use of the County's public transportation services; or
(ii)
in the case of a transit vehicle belonging to another
municipality or a regional transit commission, the fee
required by that municipality or regional transit commission
for the use of its public transportation services;
(f)
"fare media" means an instrument or document that
demonstrates pre-payment of a fare, and may include;
(i)
a monthly or annual pass;
Bylaw 25-2021
Page 2
(ii)
a pre-paid ticket;
(iii) a transfer, issued by an operator, that includes an expiry
date and time; or
(iv) any type or fare media that is accepted pursuant to an
agreement between the County and another municipality or
a regional transit commission;
(g)
"fare validation device" means a device that indicates whether a
payment card has been used to provide the required fare;
(h)
"mobility aid" means a device designed to assist in walking or to
otherwise improve the mobility of a person with a mobility
impairment, and includes a wheelchair and a mobility scooter;
(i)
"motor vehicle" has the same meaning as it does in the Traffic
Safety Act, RSA 2000, T-6;
(j)
"Municipal Government Act" means the Municipal Government
Act, RSA 2000, c M-26; and
(k)
"payment card" means a:
(i)
credit card;
(ii)
debit card; or
(iii) smart card, or other similar regional or County-only card
that is approved by the Chief Commissioner as a payment
card;
(l)
"peace officer" has the same meaning as defined in the
Provincial Offences Procedure Act, RSA 2000, c P-34;
(m) "proof of payment" means evidence that the required fare has
been paid, as demonstrated by:
(i)
a valid, unexpired, and unaltered fare media; or
(ii)
a payment card that, when used or contacted with a fare
validation device, produces confirmation that the
appropriate fare has been paid;
(n)
"proof of payment area" means:
(i)
a transit vehicle; and
(ii)
any portion of transit property that is identified as a proof
of payment area;
(o)
"Provincial Offences Procedure Act" means the Provincial
Offences Procedure Act, RSA 2000, c P-24;
(p)
"service dog" has the same meaning as in the Service Dogs Act,
SA 2007, c S-7.5;
(q)
"transit property" means any property identified in Schedule B,
including all roads, driveways, sidewalks, buildings, structures,
Bylaw 25-2021
Page 3
parking areas, and any other associated lands or equipment;
and
(r)
"transit vehicle" means a vehicle offered for public transportation
and operated as part of a municipal transit service or a regional
transit commission, and includes buses, vans, contract vehicles,
transit support vehicles, and light rail transit vehicles.
Interpretation
2
The following rules apply to interpretation of this bylaw:
(a) The word "including" means "including, but not limited to";
(b) Headings and margin notes in this bylaw are for ease of
reference only;
(c) References to one gender include all genders, and the singular
includes the plural as the context requires;
(d) Every provision of this bylaw is independent of all other
provisions and if any provision of this bylaw is declared invalid by
a Court, all other provisions of this bylaw remain valid and
enforceable; and
(e) References to bylaws and enactments in this bylaw include
amendments and replacement bylaws and enactments, and
regulations and orders thereunder.
PART II - PROHIBITING OTHER PUBLIC TRANSIT SYSTEMS
Prohibition
3
No person other than the County may provide public transportation
within the geographical boundaries of the County, except:
(a) through agreement between the County and:
(i) another municipality; or
(ii) a regional transit commission;
(b) as authorized by the Chief Commissioner; and
(c) as permitted in the County's Vehicle for Hire Bylaw, 30-2016.
PART III - FARES
Fare Required
4
(1) A person must pay the required fare prior to entering, or
immediately upon entry to, a proof of payment area.
(2) A person carrying a valid, unexpired, and unaltered fare media is
deemed to have paid the required fare.
Proof Required
5
A person in a proof of payment area must present proof of payment
when requested to do so by a bylaw enforcement officer.
Bylaw 25-2021
Page 4
Proof of
Payment
Requirements
6
A person may not present a proof of payment for a fare that is
subject to restrictions if the person does not qualify for that fare.
7
(1) Fare media and proof of payment is not transferrable unless it
expressly states so on its face.
(2) Proof of payment may not be shared with or transferred to
another person while in a proof of payment area, even if the proof of
payment states on its face that it is transferrable.
8
Fare media and proof of payment is subject to any restriction on its
face, including:
(a) a limit on the number of persons the fare media or proof of
payment applies to; and
(b) an expiry date and time.
PART IV - PASSENGER CONDUCT
Rules of
Conduct
9
A person shall not spit on transit vehicles or transit property.
10 A person shall not interfere with the comfort or convenience of any
other person on a transit vehicle or transit property.
11 A person shall not climb, damage, or interfere with transit vehicles or
transit property.
12 A person shall not loiter in a transit vehicle or on transit property for
longer than required to reach that person's destination.
13 On transit vehicles or transit property, a person shall not sell or
display for sale any goods or services unless written authorization
has been provided by the Chief Commissioner.
14 A person shall not distribute any printed material or other goods on a
transit vehicle or transit property unless written authorization has
been provided by the Chief Commissioner.
15 A person shall not offer or stage a live musical performance on a
transit vehicle or transit property unless written authorization has
been provided by the Chief Commissioner.
16 (1) A person shall not consume food or drink while aboard a transit
vehicle unless the food or drink is in a container that prevents spills,
and the food or drink is under control.
(2) A person shall not spill, or permit to be spilled, any food or drink
in a transit vehicle.
17 A person shall not place their feet upon any seat in a transit vehicle.
Bylaw 25-2021
Page 5
18 A person shall not place, or permit to be placed, any item in the aisle
of a transit vehicle.
19 A person shall not bring any animal on a transit vehicle except:
(a) a service dog; or
(b) animals confined within a device such as a cage or kennel.
20 A person shall not enter or leave, or attempt to enter or leave, a
transit vehicle while the transit vehicle is in motion, or when the
operator of the transit vehicle has declared it is unsafe to do so.
21 A person shall not cross the safety line near the edge of a platform
on transit property except for the purpose of entering or leaving a
transit vehicle, or leaving the platform area at a designated
crosswalk.
22 A person shall not enter into or on any area in a transit vehicle or on
transit property that has been signed as "closed", "employee only",
or otherwise restricted in any way, except as authorized by the Chief
Commissioner.
23 A person shall not operate any professional video or audio recording
equipment on a transit vehicle unless written authorization has been
provided by the Chief Commissioner.
24 A person shall not project any thing, or any part of that person's
body, through any window, closed door, or door in the process of
closing on a transit vehicle.
25 A person shall not bring a motor vehicle into any location where a
motor vehicle is prohibited, except as authorized has been issued by
the Chief Commissioner.
26 A person shall not activate an alarm device located on transit
property or in a transit vehicle, except for the alarm's stated
purpose.
27 A person shall not bring a bicycle inside a transit vehicle, except as
permitted by the operator of the transit vehicle.
PART V - ENFORCEMENT
Offences
28 A person who fails to comply with a provision of this bylaw is guilty of
an offence.
Continuing
Offences
29 If an offence is of a continuing nature, each day or part thereof that
a person fails to comply with the requirements of this bylaw
constitutes a new offence.
Bylaw 25-2021
Page 6
Obstruction
30 Any person who interferes with or obstructs a bylaw enforcement
officer in the execution of the bylaw enforcement officer's duties
under this bylaw is guilty of an offence.
False
Documents
31 It is an offence to present an altered, fraudulent, or stolen proof of
payment to a bylaw enforcement officer.
False
Information
32 Any person who provides false information to a bylaw enforcement
officer is guilty of an offence.
Enforcement
Measures
33 Nothing in this bylaw precludes a bylaw enforcement officer from
taking any enforcement measure available in another bylaw or
enactment, in addition to any enforcement measure provided for in
this bylaw.
34 A bylaw enforcement officer is a designated officer of the municipality
with the power to conduct inspections, take enforcement action, and
order any person to remedy a contravention, pursuant to the
Municipal Government Act, or as provided for and in accordance with
any other enactment or bylaw.
Municipal Tag
35 A bylaw enforcement officer may issue and serve a municipal tag on
any person the officer has reasonable and probable grounds to
believe has contravened a provision of this bylaw by:
(a) personally serving the municipal tag on the person; or
(b) mailing a copy of the municipal tag by pre-paid post to the
person's last know postal address.
36 A municipal tag shall be in a form approved by the Chief
Commissioner and shall state:
(a) the name of the person to whom the municipal tag is issued;
(b) the particulars of the contravention of the bylaw;
(c) the specified penalty for the offence as set out in Schedule A;
(d) that the specified penalty shall be paid within thirty (30) days of
the issuance of the municipal tag in order to avoid prosecution;
and
(e) any other information as may be required by the Chief
Commissioner.
Violation Ticket
37 If a municipal tag has been issued and the specified penalty on the
municipal tag has not been paid within the prescribed time, a peace
officer may issue a violation ticket to the person to whom the
municipal tag was issued.
38 A peace officer may, in the officer's sole discretion, elect to issue and
serve a violation ticket without first issuing a municipal tag.
Bylaw 25-2021
Page 7
39 A peace officer is authorized to issue a violation ticket to any person
the peace officer believes, on reasonable and probable grounds, has
committed an offence under this bylaw, under Part 2 or Part 3 of the
Provincial Offences Procedure Act.
40 If a violation ticket is issued it must be in the prescribed form and
must:
(a) state the specified penalty for the offence as set out in Schedule
A of this bylaw; or
(b) require the person to appear in Provincial Court with or without
the alternative of making a voluntary payment.
Penalties
41 Any person guilty of an offence under this bylaw is liable on
conviction to a penalty in an amount not less than the amount
specified in Schedule A of this bylaw, or if not prescribed in Schedule
A, not more than $10,000, and any other penalties as may be
prescribed in default of payment in relation to proceedings taken
under Part 2 or Part 3 of the Provincial Offences Procedure Act.
PART VI - CHIEF COMMISSIONER'S AUTHORITY
Chief
Commissioner's
Powers
42 Without restricting any other power, duty, or function granted to the
Chief Commissioner by this or another bylaw or enactment, the Chief
Commissioner may:
(a) carry out any inspections to determine compliance with this
bylaw;
(b) take any steps or carry out any action required to enforce this
bylaw;
(c) establish regulations regarding persons bringing bicycles onto
transit vehicles;
(d) establish areas where activities restricted by this bylaw are
permitted;
(e) establish the forms required for this bylaw;
(f) prohibit a person from using the County's public transportation
system;
(g) determine the location of safety lines and barricades;
(h) determine the location of restricted areas, including:
(i) areas for transit-vehicles-only; and
(ii) areas for County-employees-only;
Bylaw 25-2021
Page 8
(i) approve fare validation devices; and
(j) certify a record of the County as a true copy of the original.
PART VII - GENERAL
Certified Records
43 A copy of a record of the County, certified by the Chief
Commissioner or delegate as a true copy of the original, shall be
admitted in evidence as prima facie proof of the facts stated in the
record without proof of the appointment or signature of the person
signing it.
Presumption
44 In a prosecution under this bylaw, where a certified copy of a record
of the County containing a list of fare media or proof of payment
provided as payment of a fare on or about the date and time of the
alleged offence is tendered;
(a) the Court may conclude that, in the absence of a fare media or
proof of payment being found in the record, the required fare has
not been paid; and
(b) where the fare media or proof of payment is absent from the
certified record, the onus of proving that a person has paid the
required fare is on the person alleging the required fare has been
paid, on a balance of probabilities.
PART VIII - REPEAL
Repeal
45 Bylaw 44-88 is repealed.
FIRST READING: July 6, 2021
SECOND READING: July 6, 2021
THIRD READING: July 6, 2021
SIGNED THIS 22 day of July, 2021.
Rod Frank
______________________________
MAYOR
Sandy Bugeja
______________________________
A/DIRECTOR, LEGISLATIVE AND LEGAL
SERVICES
Bylaw 25-2021
Page 9
SCHEDULE A
BYLAW 25-2021
TRANSIT BYLAW
SPECIFIED PENALTIES
Section Offence
Municipal
Tag
Violation Ticket
First
Offence
Second
Offence
Within
two year
period
Third or
more
Offences
Within
two
year
period
4(1)
Fail to pay fare
$150
$200
$400
$800
5
Fail to present proof of
payment
$100
$150
$300
$600
6
Present a restricted proof of
payment without meeting the
conditions
$150
$200
$400
$800
7(2)
Transferring a proof of
payment
$100
$150
$300
$300
9
Spit on a transit vehicle or
transit property
$75
$100
$200
$400
10
Interfere with the comfort or
convenience of another
person on a transit vehicle or
transit property
$100
$150
$300
$600
11
Climb on, damage, or
interfere with a transit vehicle
or transit property
$150
$200
$400
$800
12
Loiter on a transit vehicle or
transit property
$75
$100
$200
$400
13
Sell or display goods for sale
on a transit vehicle or transit
property
$100
$150
$300
$600
14
Distribute printed material or
goods on a transit vehicle or
transit property
$100
$150
$300
$600
15
Perform live music on a
transit vehicle or transit
property
$75
$100
$200
$400
16(1)
Consume food of drink on a
transit vehicle
$50
$100
$200
$400
16(2)
Spill food or drink on a transit
vehicle
$50
$100
$200
$400
17
Place feet on seat in a transit
vehicle
$50
$100
$200
$400
18
Place an item in the aisle of a
transit vehicle
$75
$100
$200
$400
Bylaw 25-2021
Page 10
Section Offence
Municipal
Tag
Violation Ticket
First
Offence
Second
Offence
Within
two year
period
Third or
more
Offences
Within
two
year
period
19
Bring an animal onto a transit
vehicle
$75
$100
$200
$400
20
Exiting a transit vehicle while
it is in motion
$150
$200
$400
$800
21
Crossing the safety line on
transit property
$100
$150
$300
$600
22
Entering a restricted area
$150
$200
$400
$800
23
Operating professional
recording equipment on a
transit vehicle or transit
property
$100
$150
$300
$600
24
Projecting a thing or body
part from a transit vehicle
$150
$200
$400
$800
25
Bringing a motor vehicle into
a restricted area
$200
$250
$500
$1,000
26
Improperly activating an
alarm on a transit vehicle
$50
$100
$200
$400
27
Bringing a bicycle into a
transit vehicle
$50
$100
$200
$400
30
Obstruct a bylaw enforcement
officer in the performance of
that officer's duties
$500
$500
$1,000
$2,000
31
Presenting an altered,
fraudulent, or stolen proof of
payment
$200
$250
$500
$1,000
32
Providing false information to
a bylaw enforcement officer
$500
$500
$1,000
$1,000
Bylaw 25-2021
Page 11
SCHEDULE B
BYLAW 25-2021
TRANSIT BYLAW
TRANSIT PROPERTY
1. The following are transit property:
(a)
Bethel Transit Terminal
650 Bethel Drive, T8H 2N4
-
1,090 sq. m. customer service and waiting area building
-
1,200 stall parking area
(b)
Ordze Transit Centre
970 Ordze Road, T8A 4L7
-
520 sq. m. customer service and waiting area building
-
200 stall parking area
(c)
Transit Operations Building
200 Streambank Avenue, T8H 1N1
-
Bus storage and service facility
-
Offices