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POLICY Effective May 14, 2012
Screening Officer Bylaw Notice Policy
The Town has established a position of Screening Officer who must review all disputed
Bylaw Notices before dispute adjudication in respect of the Bylaw Notice may be
scheduled.
The Screening Officer has the power to cancel a Bylaw Notice on a ground of
cancellation authorized by the Town pursuant to s.10(2)(a)(iii) of the Local Government
Bylaw Notice Enforcement Act.
The Town of Oliver finds it expedient to provide for grounds of cancellation of a Bylaw
Notice in certain circumstances.
The Town authorizes the Screening Officer to cancel Bylaw Notices in the described
circumstances set out in this policy.
1. POLICY STATEMENT
The Town of Oliver has endorsed a bylaw designating certain bylaw
contraventions that may be dealt with by bylaw notice.
2. DEFINITIONS
“Act” means Local Government Bylaw Notice Enforcement Act
“Bylaw Enforcement Officer” means a person in a class prescribed under Section
273 c) of the Community Charter who is designated by a local government as a
bylaw enforcement officer.
“Disputant” means the party disputing the notice.
“Screening Officer” means a person in a class designated by bylaw under Section
2 (3) (b) [application of act] and appointed as a screening officer by a local
government.
“bylaw notice” means a notice under section 4 [bylaw notice]
“local government” means the Council of the Town of Oliver
“vehicle” has the same meaning as in the Motor Vehicle Act
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3. RESPONSIBILITIES
The Screening Officer is authorized to cancel a Bylaw Notice where he or she is
satisfied that one or more reasons exist and a compliance agreement is not
appropriate or available.
4. PROCEDURES
The Screening Officer is authorized to cancel a Bylaw Notice where he or she is
satisfied that one or more of the following reasons exist and a compliance
agreement is not appropriate or available:
a. A jurisdictional issue arises that cannot be addressed by the adjudicator;
b. Identity cannot be proven, for example:
i. The Bylaw Notice was issued to the wrong person; or
ii. The vehicle involved in the contravention had been stolen.
c. There is a poor likelihood of success at adjudication for the Town of
Oliver, for example:
i. The evidence is inadequate to show a contravention;
ii. The Officer relied on incorrect information in issuing the Notice;
iii. The Notice was not completed properly;
iv. The Bylaw provision is unenforceable or poorly worded.
d. The contravention was necessary for the preservation of health and
safety, for example:
i. The contravention was the result of a medical emergency.
e. The Notice is one of a number of Notices arising out of the same incident,
in which case the Screening Officer may cancel all but the most
appropriate Notice.
f. It is not in the public interest to proceed to adjudication for one of the
following reasons:
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i. The person who received the Notice was permitted or entitled to
take the action, but the issuing officer was not aware of this
entitlement or permit;
ii. The person receiving the Notice was undergoing a personal
tragedy at the time of the contravention such that it is not in the in
the public interest to proceed;
iii. The Bylaw has changed since the Notice was issued; and now
authorizes the contravention.
g. The person exercised due diligence in their efforts to comply with the
Bylaw, for example:
i. As a result of mechanical problems the person could not comply
with the Bylaw; or
ii. The sign indicating the Bylaw requirement was not visible