Bylaw Dispute Adjudication System

The CVRD is introducing a new Bylaw Dispute Adjudication System in addition to municipal ticketing, which will allow some bylaw disputes to be dealt with at the local level, rather than the Provincial Court system.

Bylaw Offence Notices can be disputed out of court with an adjudicator appointed by the Provincial Attorney General’s Office.

Why is Adjudication Used?

The system is set out in the Provincial Government’s Local Government Bylaw Notice Enforcement Act. It is intended to resolve disputes in a simple, cost-effective manner.

• Improve efficiency in the areas of paying and collecting fines as well as deliver a streamlined process to the public.
• Reduces the costly, time-consuming process associated with disputing tickets through the court system;
• Reduces the high cost of locating and serving defendants;
• Reduces the need for witnesses to attend minor disputes;
• Reduces the costs associated with using a Provincial Court judge to hear a ticket dispute in court;
• Less need to employ lawyers or enforcement officers to take minor cases to court;
• Reduces time bylaw officers spend in court, allowing them to concentrate on serving the public in other capacities.

How Does the New System Work?

Review the CVRD Bylaw Dispute Adjudication System Brochure

Step 1. Pay or Dispute a Bylaw Offence Notice

The individual disputing their ticket (disputant) will have the opportunity to speak with a Screening Officer. The Screening Officer will review the ticket and cancel it if appropriate. If this officer does not cancel the ticket, it will be forwarded to the adjudicator, or paid, which ever the client chooses.

You have 14 calendar days upon receipt of the Bylaw Offence Notice to dispute it. If a dispute is not filed with the CVRD within 14 calendar days, you will not be able to dispute it later.

Step 2. Bylaw Offence Notice Dispute Process

If the Screening Officer determines that the Notice will be upheld, the disputant will be offered the choice of:

• Paying the full amount of the fine (not eligible for discounted amount).
• Entering into a compliance agreement, if available, which establishes terms and conditions for compliance, including time periods for payment of penalties and plans to cease or remedy the bylaw contraventions that gave rise to the Bylaw Offence Notice. As a term of the compliance agreement, the Screening Officer may authorize a reduction of the prescribed penalty by 50%.
• Requesting a bylaw dispute adjudication hearing.

If going forward to adjudication, the disputant will advise the Screening Officer which method of service they prefer – mail, fax, phone, email or in person.

Step 3. Adjudication Hearing

The disputant applies in writing for an adjudicator to hear the case. A date for adjudication will be provided, and will be conducted in Nanaimo, B.C. Options include providing a representation in writing, by phone, by video link, or in person.

The City of Nanaimo is the host of dispute adjudications and is located in the Service and Resource Centre, City of Nanaimo, 411 Dunsmuir Street, Nanaimo BC, V9R 5J6.

Prior to the hearing, an evidence package will be sent to you which will include the evidence being presented at the hearing.

At the hearing, an independent adjudicator will determine if the bylaw offence occurred or not. If the adjudicator determines the offence occurred, the Notice will be cancelled and you will be required to pay the full fine amount, plus a $25 adjudication fee.

Please Note

• Bylaw dispute adjudications are open to the public.
• If a disputant fails to appear or present their case, the adjudicator must order the penalty set out in the Notice as immediately due and payable to the Cowichan Valley Regional District.
• The decision of the adjudicator is final.
• The adjudicator cannot reduce the fine amount.
• A dispute can only be cancelled by paying the indicated fine amount.
• A paid Bylaw Offence Notice cannot be taken to adjudication.

How to Pay a Bylaw Offence Notice

Payment can be made by cash, cheque or debit. If you pay by mail or dropbox, your payment must be accompanied by either a copy of the ticket or a note with the following information: ticket number, full name, address, offence and violation date.
If you fail to include this information, the payment may not be credited to you and the fine will remain outstanding. Visit Fines & Payments for more information on paying your notice.

By Mail or In-Person at reception (Monday to Friday 8:00 a.m. to 4:30 p.m. except Statutory holidays) .

Forms

• Notice of Dispute & Request for Adjudication

References

• Local Government Bylaw Notice Enforcement Act
• CVRD Bylaw Offence Notice Enforcement Bylaw No.4544