The Northern Rockies Regional Municipality established a bylaw notice adjudication system under the Local Government Bylaw Notice Enforcement Act in 2011. This administrative system is an efficient, cost-effective alternative to the provincial court for resolving minor local government bylaw contraventions.
Advantages of the Bylaw Notice system
- Resolves ticketing disputes locally and in a timely manner
- Provides the statutory authority for local governments to issue tickets with penalties up to $500, including potential surcharges for each infraction. Each day an offence continues to occur is considered a new infraction for which a new ticket may be issued
- Simplifies and expedites the dispute process by removing straight-forward bylaw contraventions from the Provincial Court system
- Reduces costs for all parties typically associated with going to court (e.g.: court backlogs, lawyers and time spent by enforcement officers waiting to testify)
- Includes a dedicated staff member (Screening Officer) to act as a resource to help residents understand the NRRM’s regulations, their compliance obligations and their options for dealing with Bylaw Notices
- Provides additional flexibility through Compliance Agreements where appropriate
- Allows for dispute resolution through an independent provincially-appointed adjudicator
I received a Bylaw Notice, what are my options? |
|||||
Option 1: Pay the bylaw notice penalty
Option 2: Dispute the Bylaw NoticeTo dispute a Bylaw Notice, you may file the Notice of Dispute and Request for Adjudication section on the back of the Bylaw Notice within 21 days from the date you received it, or are presumed to have received it (i.e. if mailed to you, then you are presumed to have received it on the 7th day after mailing.) When sending email requests to initiate a dispute, please include the bylaw ticket number (NV ###) and please use BYLAW DISPUTE as the email subject line. Disputed Bylaw Notices are reviewed by an appointed Screening Officer (who is not a Bylaw Enforcement Officer). Disputants will be contacted to discuss the allegations in the Bylaw Notice, the NRRM’s regulations, their compliance obligations and options for dealing with Bylaw Notices. The Screening Office may:
If the Screening Officer does not cancel a Bylaw Notice, the disputant can choose whether to pay the penalty in effect as at that date or have the matter resolved by an adjudicator If proceeding to adjudication, the disputant pays a $25 adjudication administration fee (to help offset the cost of the process) and files a Notice to Confirm Request for Adjudication. A date will be scheduled and the adjudication will take place at the NRRM office. It should be noted that the disputant is not required to personally appear at the adjudication. Representation may be made in writing, over the phone or in person. If the adjudicator determines that the contravention as alleged did occur, the $25 administration fee is forfeited and the penalty amount, along with any applicable surcharges in effect as at that date, are due and owing. Conversely, if the adjudicator finds that the allegation in the Bylaw Notice did not occur, the $25 fee is refunded, and the Bylaw Notice is cancelled. |
|||||
What happens if I do not pay? |
|||||
If the penalty is not paid, or the Bylaw Notice is not disputed, within 21 days from the date you received it, or are presumed to have received it, the penalty and, after 35 days, any authorized surcharge, is immediately due and payable. Additional enforcement and collection procedures may be taken against you. |