Whereas the Local Government Bylaw Notice Enforcement Act provides for an efficient ticket and adjudication process that local governments have successfully implemented through the issuance of bylaw notices to obtain compliance with a variety of bylaw violations; And whereas the administrative burden and cost of the Municipal Ticket Information system prevents the practical use of municipal ticketing to obtain compliance with local government bylaws; And whereas the development industry may not be in compliance with local government bylaws related to the well-being of the neighbourhoods adjacent to their developments, and the current penalty amounts of bylaw notices are not significant enough to bring the development community into compliance with local government bylaws: Therefore be it resolved that UBCM request the Attorney General and Deputy Premier for the Province of British Columbia increase the maximum allowable penalty provided in Section 6 of the Local Government Bylaw Notice Enforcement Act from 500 to 3,000.
Ministry of Attorney General The Local Government Bylaw Notice Enforcement Act establishes an administrative adjudication process the Bylaw Program designed for simple bylaw infractions that merit smaller penalties and do not require determination through a court process. The Municipal Ticket Information system allows for penalties of up to 3,000 per infraction each day, an amount appropriate for determination by the Provincial Court. For more significant bylaw infractions, local governments may pursue penalties in excess of 3,000 through Offence Act proceedings. Bylaw Program hearings are designed to accommodate self-represented persons who wish to dispute bylaw notices for minor infractions. Most hearings are scheduled for 30 minutes or less, involve limited evidence and legal argument, and the sole issue is whether the contravention occurred. Complex matters that require extensive evidence and legal argument, involving substantial penalties, and are better suited for persons with legal representation, are not appropriate for the Bylaw Program.