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POLICY Effective Date March 23, 2015
Revised: January 25, 2021
Section: Development Services
Title: Bylaw Enforcement Complaint Management Policy
1.0 POLICY STATEMENT
It is the policy of the Town of Oliver that the enforcement of regulatory bylaws shall be
administered on both a pro-active and complaint-based system.
To encourage only valid complaints, and to reduce the opportunity for intimidation and
neighbourhood conflict, the Town of Oliver supports balancing accountability and
confidentiality among the parties to a complaint process.
The Town of Oliver has no duty to take enforcement action with respect to every
contravention of a bylaw that may occur within its jurisdiction. The Town will use
discretion on a case-by-case basis to evaluate contraventions, and take reasonable steps
to investigate contraventions in accordance with this policy and operations guidelines of
the Town.
2.0 PURPOSE
The purpose of bylaw enforcement is to achieve voluntary compliance with Town of
Oliver bylaws. Complaints normally arise where persons do not comply with Town
bylaws and noncompliance adversely affects or imposes on another party.
3.0 SUBMISSION OF A COMPLAINT:
.1 Reports of alleged infractions of Town bylaws are to be reported by the
complainant to the Town of Oliver Administration Department.
.2 To initiate enforcement action by the Town:
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a) Each individual complaint shall be in writing – a letter, an email or the
Town of Oliver Complaint Form – and shall contain the complainant’s:
i) name;
ii) address;
iii) e-mail;
iv) phone number; and
v) a description of the nature and location of the alleged infraction as
well as its impact on the complainant.
.3 Anonymous complaints of alleged infractions may not be acted upon unless
the alleged infraction is a “Life and Safety” matter (see Section 6 below).
.4 A complainant may be requested to sign an affidavit and/or be prepared to
stand as a witness should an enforcement proceed to court.
.5 Spite complaints, or complaints based on neighbour disputes will not be
accepted unless deemed by the Bylaw Enforcement Officer or Corporate
Officer to be an immediate threat to health and safety.
.6 All written complaints are to be acknowledged either by e-mail or written
correspondence within three (3) business days of receipt.
4.0 OBSERVED INFRACTIONS
.1 The Bylaw Enforcement Officer may commence an investigation without
written complaint where:
i) bylaw violations are reported by an elected official or observed by an
employee or agent of the Town;
ii) a notification or referral is received from an external agency that
identifies land use bylaw violations associated with the permit request;
iii) advertisements for uses believed to be illegal have been observed; and
iv) correspondence and/or communications undertaken with the Town
that identify a bylaw violation (i.e. property and zoning inquires,
requests for comfort letters, etc.)
5.0 CONFIDENTIALITY
.1 As a matter of practice, the identity of the complainant and the written
complaint itself shall not be disclosed to the alleged offender or any member
of the public. It is not necessary for the complainant to request confidentiality.
Likewise, the response of the alleged offender shall not be disclosed to the
complainant, whether it is in writing or made orally. This policy is in
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recognition of the fact that many complaints take place in the context of other
disputes between neighbours and the motivation for the complaint itself may
be retribution. Disclosure could serve to exacerbate the dispute and may put
persons or property at risk of harm.
.2 While the investigation is ongoing, or while a resulting matter is before the
courts, only information regarding the matter shall be made available to the
public or the complainant.
.3 Persons reporting the alleged infractions of Town bylaws are to be advised
that their identify and any personal information they provide will be kept
confidential unless they are required to testify in court.
.4 Complainants and alleged offenders are to be advised that any personal
information that they provide about other parities is subject to disclosure by
order of the BC Information and Privacy Commissioner.
.5 The anonymity and confidentiality given to complainants and alleged
offenders under this policy cannot be assured if the investigation results in
court proceedings.
.6 If persons apply to the Town for disclosure of personal information about
them in complaints and responses to the complaints under the Freedom of
Information and Protection of Privacy Act, it shall be the policy of the Town to
refuse disclosure under the Act, unless consent is obtained from the person
who supplied the information and who would otherwise be assured of
confidentiality under this policy. The Town, however, is subject to orders
issued by the Information and Privacy Commissioner under the Act and will
not necessarily appeal an order for disclosure.
6.0 PRIORITY OF INVESTIGATION
.1 Upon receipt of a bylaw complaint, all bylaw infractions will be prioritized on
the basis of the date the complaint was received, unless the complaint is
determined to involve a “Life and Safety” matter that may adversely impact
the environment or the health, safety, and security of citizens or may result in
a liability incurred by the Town.
.2 Council is not involved in any way with the sanctioning of an investigation or
making a decision on who shall be investigated.