HomeMy Public PortalAboutSouthern Interior Bylaw Notice Dispute Adjudication Registry Operations PolicyCOUNCIL
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Effective May 14, 2012
Reviewed: January 2021
Southern Interior Bylaw Notice Dispute Adjudication Registry
Operations Policy
The Southern Interior Bylaw Dispute Adjudication Registry (hereafter called the
Adjudication Registry) provides a transparent and impartial process whereby
Disputants may challenge a Bylaw Notice (hereinafter called a Notice) issued by the City
of Kelowna, the City of Penticton, the City of Vernon, the District of West Kelowna, the
District of Lake Country, the District of Summerland, the District of Peachland, the
Regional District of Okanagan-Similkameen and the Town of Oliver. The Adjudication
Registry is managed by the City of Kelowna in accordance with the Bylaw Notice
Enforcement Bylaws enacted in each participating jurisdiction.
1.POLICY STATEMENT
The Town of Oliver has entered into a Bylaw Dispute Adjudication System
Partnership Agreement with the City of Kelowna, the City of Penticton, the City
of Vernon, the District of West Kelowna, the District of Lake Country, the District
of Summerland, the District of Peachland, and the Regional District of
Okanagan-Similkameen. The Adjudication Registry will be managed by the City
of Kelowna in accordance with the Bylaw Notice Enforcement Bylaws enacted in
each participating jurisdiction.
2.DEFINITIONS
In this policy,
“Act” means Local Government Bylaw Notice Enforcement Act
"bylaw notice" means a notice under section 4 [bylaw notice] of the Act
"compliance agreement" means a compliance agreement that a screening officer
may be authorized to enter into by a bylaw under section 2 (3) (b) [application of
act]
"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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Parties Involved:
The process of disputing a notice involves five parties:
1.The “Bylaw Enforcement Officer”
a.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.
2.The “Disputant”
a.Means the party disputing the notice.
3.The “Screening Officer”
a.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.
4.The “Dispute Coordinator”
a.The City of Kelowna designate who coordinates the activities of the
Adjudication Registry.
5.The “Adjudicator”
a. Means a person appointed under Section 15 [dispute adjudicators] for a
dispute.
4.RESPONSIBILITIES
Dispute Process, when a Notice is disputed, the Disputant enters into a two -step
adjudication process
5.PROCEDURES
ADJUDICATION STEP 1: SCREENING OFFICER
The Disputant contacts a Screening Officer in the jurisdiction where the notice
was issued, this communication may be by phone, in person, or in writing,
within the prescribed timelines. The Screening Officer acts as follows:
1.Reviews the Notice with the Disputant and undertakes the appropriate
investigation including communication with the Bylaw Officer issuing
the Notice to determine the validity of the notice and/or a review of the
documented evidence collected. Data is entered into the relevant data
base system. The Screening Officer has the authority to either uphold or
dismiss the Notice in accordance with the cancellation policy set by
Council.
2.If the Notice is dismissed, the Screening Officer cancels the Notice, and no
further action is required by the Disputant.
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3. If the Screening Officer upholds the Notice, three options are available:
i. The Disputant may pay the discounted fine.
ii. The Disputant may go forward with adjudication
iii. Where permitted, the Disputant may enter into a compliance
agreement in accordance with the Bylaw Notice Enforcement Bylaws
enacted in each participating jurisdiction.
For all options, the Disputant is advised of applicable fines, fees and
surcharges.
4. If the Disputant chooses to go forward with the adjudication, the
Screening Officer prepares a file for the Dispute Coordinator that includes
two copies of each of the following documents:
i. A report prepared by the Screening Officer based upon
communication with the Disputant and quotes the bylaw section.
ii. A report prepared by the Bylaw Officer issuing the notice including
rationale for issuing the notice.
ADJUDICATION STEP 2: DISPUTE ADJUDICATION
The Dispute Coordinator receives the file from a Screening Officer from the participating
jurisdiction; the file can be forwarded by mail or electronically. Faxes are not acceptable
due to poor quality. Adjudication cannot proceed until the notice has been screened by
a Screening Officer; the Dispute Coordinator only receives files from a Screening Officer,
not from the Disputant. The Dispute Coordinator:
1. Confirms that the file is complete and requests additional information if
necessary.
2. Liaises with the Adjudicator to set dates for the Adjudication Registry
and then enters these dates into the relevant data base system.
3. Informs the Disputant of the available dates, and agrees on the date and
time.
4. Prepares a Notice of Adjudication to be sent to the Disputant, and to the
participating jurisdiction concerned, which confirms the date and time of
the Adjudication Hearing along with the Disputants’ preferred method of
participation: in person, by phone, through submission of documentation
prior to the date of adjudication, or through any other method of
participation authorized in the participating jurisdiction’s relevant
bylaws.
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5. Coordinates with participating jurisdictions and City of Kelowna
Departments, as necessary to prepare for the Adjudication Registry. This
includes preparing an agenda for the scheduled date of the Adjudication
Registry. The agenda includes time, notice number, name of Disputant,
method of participation by Disputant, and municipal authority issuing
the notice.
The City of Kelowna departments notifies the following of the forthcoming adjudication
dates:
i. Finance-Cashier and Accounting (notices issued by other
participating jurisdictions may be paid at the City of Kelowna only
on the day of the Adjudication Registry).
ii. Clerk’s Office (to set up Council Chambers for the Adjudication
Registry).
iii. Information Technology (if required to equip with computers).
iv. Security
v. Bylaw Supervisor
vi. The municipal authority issuing the notice, if other than the City of
Kelowna
vii. City Hall Receptionist
viii. City Clerk
ix. Director of Corporate Services