Zoning Amendments for Bylaw Dispute Adjudication System
Consultation has concluded
This project is now complete and will be archived at the end of August 2019.
To allow for enforcement of development permit areas to be undertaken through the Bylaw Dispute Adjudication System, amendment to the Zoning Bylaw 500 is required.
Regional District of Nanaimo Bylaw Notice Bylaw No. 1786, 2019 was recently adopted to establish the Bylaw Dispute Adjudication System as an alternative to the Municipal Ticket System for the ticketing of bylaw contraventions. The Bylaw Dispute Adjudication System is a simple, fair and cost-effective system for dealing with minor bylaw infractions as an alternative to the court system.
The May, 2019 staff report provides more detail on the proposed changes for the RDN zoning bylaws. Please note that the zoning amendment for Bylaw Zoning 1285 that applies to Electoral Area F is described in the staff report, but is not proceeding, only the amendments to Zoning Bylaw 500 are proceeding.
Still have more questions? Check out the How did we Get Here section and Frequently Asked Questions page, and if you still have questions, feel free to contact us.
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The Bylaw Dispute Adjudication System Explained
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In 2003, the Province adopted the Local Government Bylaw Notice Enforcement Act, creating a framework for a streamlined non-judicial system for local governments to deal with bylaw ticket disputes. The Act was developed to create a simple, fair and cost-effective system for dealing with minor bylaw infractions through:
- the creation of a Bylaw Notice and an enforcement dispute forum dedicated to resolving local bylaw matters;
- reduction to the cost and complexity of decision making in that forum;
- avoidance of unnecessary attendance of witnesses and the involvement of legal counsel;
- reduction in the length of time required to resolve bylaw ticket disputes;
- elimination of the requirement for personal service of tickets.
The Local Government Bylaw Notice Enforcement Act, and the authority it provides to establish an adjudication system, applies to both municipalities and regional districts by regulation. Currently, more than 80 jurisdictions in BC are using the system.
Read more in the Bylaw Adjudication Toolkit published by the Local Government Management Association.
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Recent Development Permit Area project aided enforcement
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A recent project to standardize development permit areas (DPA) included moving the ‘applicability’, ‘exemptions’ and ‘guidelines’ sections from the official community plans to the zoning bylaws to achieve several benefits, including improved ability for enforcement. When the requirement for a development permit and guidelines for development were solely in official community plans, a penalty could not be set under the Bylaw Notice Bylaw, and enforcement could only be pursued through injunctive relief or through the courts.
