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Bylaw Dispute Adjudication

 

The Bylaw Dispute Adjudication system allows the Regional District of Bulkley-Nechako, under the Local Government Bylaw Notice Enforcement Act to resolve minor bylaw contraventions and disputes locally, removing them from the provincial court system. The legislation enables an administrative system for enforcing bylaw contraventions, from unsightly premises to minor zoning or building regulation contraventions.

Adjudication is used to simplify the dispute process by:

  • avoiding unnecessary attendance of witnesses
  • promoting timely resolution of bylaw enforcement disputes
  • lessening the need to hire external counsel
  • being more cost effective and efficient
  • helping to ensure bylaw compliance

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Step 1: Pay or Dispute a Bylaw Enforcement Notice

After receiving a Bylaw Enforcement Notice, there is the option to pay the notice or dispute it. There are 30 calendar days upon receipt of the Bylaw Enforcement Notice to dispute it.  If a dispute is not filed with the Regional District within 30 calendar days, it cannot be disputed later.

To dispute a Bylaw Enforcement Notice, complete the back of the notice and deliver or mail it within 30 calendar days to:

Regional District of Bulkley-Nechako
Bylaw Enforcement Notice
37 3rd Ave, PO Box 820
Burns Lake BC  V0J 1E0

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Step 2: Bylaw Enforcement Notice Dispute Process

If the notice is disputed, a Regional District Screening Officer will be in contact to review the details of the dispute. The Screening Officer will either confirm or cancel the notice based on the screening policy (Link to RDBN Screening Officer Policy). If the notice is upheld, the disputant will be offered the choice of:

  • paying the full amount of the penalty
  • requesting a bylaw dispute adjudication hearing
  • if the Screening Officer determines a compliance agreement is available and appropriate, the disputant can pay a reduced penalty for complying with certain terms and conditions

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Step 3: Adjudication Hearing

If an adjudication hearing is requested, staff will be in contact to set the date, time and location of the hearing, and the disputant can choose to participate in person, by phone/video, or in writing.

Prior to the hearing, a package will be sent to the disputant with the evidence being presented at the hearing.

At the hearing, an independent adjudicator appointed by the Province determines if the bylaw contravention occurred or not. If it is determined that the contravention occurred, the notice will be upheld and the disputant is required to pay the full penalty amount, plus a $25 adjudication fee. If it is determined the contravention did not occur, the notice will be cancelled.

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 is immediately due and payable to the Regional District
  • the decision of the adjudicator is final
  • the adjudicator cannot reduce the penalty amount
  • a dispute can only be cancelled by paying the indicated fine amount
  • a paid Bylaw Enforcement Notice cannot be taken to adjudication

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Paying Bylaw Enforcement Notices

Payments can be made in person at the address below, Monday to Friday (excluding holidays), between 8:30am and 4:30pm, or by mail (cheque or money order only).

Regional District of Bulkley-Nechako
Bylaw Enforcement Notice
37 3rd Ave, PO Box 820
Burns Lake BC  V0J 1E0

Unpaid Bylaw Enforcement Notice penalties and fees may result in court proceedings and/or they may be referred to a collections agency, impacting credit rating.

Bylaw Dispute Adjudication Schedule of Hearings