Bylaw Adjudication Process
The Bylaw Adjudication system allows local governments to manage most bylaw violations such as parking tickets at the local level, rather than through the Provincial Court system. Residents who receive a Bylaw Offence Notice will have the opportunity to dispute violations out of court via an independent Adjudicator who will hear all disputes.
Those wishing to dispute Bylaw Notices must do so by completing the Dispute/Request for Adjudication section on the back of the ticket, and then submitting it into City Hall in person, by mail, or fax within 14 days of issuance.
Disputes will follow a three step process:
- When disputing a Bylaw notice,a report of the incident will be forwarded by the participating local government to the Screening Officer. When the Screening Officer has received the report, the disputant will be contacted to present their side of the incident.
The Screening Officer will review the Bylaw Notice, the circumstances surrounding its issue and either revoke or uphold the Notice. If the Screening Officer upholds the Bylaw Notice, the disputant may choose to either pay the Notice or request the Notice be forwarded to an Adjudicator.
- If the disputant chooses the Adjudication process, they will be contacted by a Dispute Coordinator. The Dispute Coordinator will confirm that the file is complete and will request additional information if necessary.
The Dispute Coordinator will schedule the Adjudication date and time based on the Adjudication Calendar and will confirm the disputants preferred method of participation: in person, by phone, or in writing.
- A date, time, and location for Adjudication will be provided to the disputant with the hearing normally conducted at Kelowna's City Hall. Adjudications will also be scheduled for Vernon and Penticton several times a year. The disputant and the Bylaw Officer are not required to personally appear. Representation for the disputant may be made in writing, or over the phone, and documentation from the municipality may be presented in support of the notice.
Independent Adjudicators will determine whether a Bylaw infraction did or did not occur. If the Adjudicator determines that the infraction occurred, the full penalty will be applied as well as an additional Adjudication fee of $25. If the Adjudicator determines that no Bylaw violation has occurred, no fine will be applied. The Adjudicator does not have the authority to modify the offence or the penalty.
Questions & Inquiries
Contact the Bylaw Services Department at (250) 490-2440 or via e-mail at firstname.lastname@example.org prior to requesting Adjudication.