According to the Green Bylaws Toolkit, long form prosecutions are a type of enforcement option of the Provincial Court, with respect to local government regulatory bylaws. Local governments may lay charges under a long form prosecution, particularly for major offences where local government incurs significant expenses and damages. “Although long form prosecutions involve a lengthy Provincial Court process, they are appropriate for major offences if a larger fine is warranted and if a variety of remedies is desired, for example, habitat restoration or payment of the costs of investigation to the local government.”
According CLE Municipal Law Basics: "Section 263 of the Community Charter authorizes a municipality to proceed with a quasi criminal prosecution of a bylaw offence with a maximum fine of up to $10,000. Under ss. 263.1 of the Community Charter, additional sentencing powers are included, authorizing the court to impose a one year maximum injunction or restitution orders. These powers are set out in ss. 267 and 267.1 of the Local Government Act for regional districts."
Local governments can commence proceedings under the Offence Act in B.C. Provincial Court by swearing an information (ss. 11 to 13 and s. 25) before a court official that sets out the details of the offence. The information must be served on the accused, and once it is served, the offence comes under the jurisdiction of the Provincial Court. However, as provincial Crown Counsel may not prosecute bylaw offences (i.e., local government must prosecute), municipalities may hire their own lawyers, or enforcement officers may act as prosecutors (s. 63.1).
- Community Charter, S.B.C. 2003, c. 26 - BC Laws
- Local Government Act, R.S.B.C. 2015, c. 1 - BC Laws
- Offence Act, R.S.B.C. 1996, c. 338 - BC Laws
- Green Bylaws Tookit - by Environmental Law Centre, University of Victoria, 2007
- "Regulatory Powers" - by K. Stuart, CLE Municipal Law Basics - Paper 3.1, April 2009 - on-site at Courthouse Libraries