Bylaw Dispute Adjudication System
The Bylaw Dispute Adjudication system allows the Columbia Shuswap Regional District to manage bylaw disputes locally rather than through 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?
- Simplifies the dispute process
- More convenient for disputants, because in-person attendance at an adjudication hearing is not mandatory
- Removes bylaw violations from the Provincial court system
- Reduces ticket dispute time
- Reduces need to employ lawyers or enforcement officers to take a case to court
- More cost effective and efficient system
- Helps ensure bylaw compliance
How does it work?
Step one: Pay or dispute a Bylaw Offence Notice
After receiving a Bylaw Offence Notice, you have the option to either pay the Notice or dispute it. You have 14 calendar days upon receipt of the Bylaw Offence Notice to dispute it. If a dispute is not filed with the CSRD within 14 calendar days, you will not be able to dispute it later.
To dispute a Bylaw Offence Notice within 14 calendar days, you may:
- Submit an online notice of dispute, or
- Fill out the information on the rear of the Notice and deliver it in person or by email to:
Columbia Shuswap Regional District – Bylaw Enforcement
555 Harbourfront Drive NE,
Salmon Arm, BC
Email: [email protected]
Step two: Dealing with Disputed Notices
If disputed, the notice will then be assigned to a Screening Officer who will contact you to review the details of your dispute. The Screening Officer will either confirm or cancel the notice based on the Bylaw Offence Notice screening policy. If the Screening Officer determines that the notice will be upheld, the complainant will be offered the choice of:
- Paying the full amount of the fine (not eligible for discounted amount),
- Entering into a compliance agreement, where applicable. The agreement 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 per cent,
- Requesting a bylaw dispute adjudication hearing.
Step three: Adjudication Hearing
If you request an adjudication hearing, you will be contacted by the Screening Officer to set the date, time and location of the hearing. You can choose your preferred method of participation: in-person, by phone/video, or in writing.
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 full penalty will be applied, as well as an adjudication fee of $25 to offset the cost of the process. If no bylaw violation was deemed to have occurred, no penalty will be applied.