Bylaw Notices
What is a Bylaw Notice?
A Bylaw Notice (BN) is a ticket issued under the Local Government Bylaw Notice Enforcement Act. It outlines the specific bylaw infraction, the associated penalty, and instructions for payment or dispute. It is part of a progressive enforcement approach used by Regional District of Nanaimo (RDN) Bylaw Services to encourage compliance with local regulations.
View the Bylaw Dispute Adjudication System brochure for more information on the adjudication process.
Step One: Pay or Dispute a Bylaw Offence Notice
After receiving a Bylaw Notice, you have the option to either pay the Bylaw Notice or dispute it. Bylaw Notices paid within 7 days of receiving, may be eligible for a discount (see the front of the Bylaw Notice).
To pay the Bylaw Notice:
By mail (cheque or money order):
Regional District of Nanaimo
6300 Hammond Bay Road
Nanaimo, B.C. V9T 6N2
Please note we do not accept postmarks as proof of payment. If you are mailing your payment, allow sufficient time for it to reach the RDN before the due date.
In Person, Monday - Friday 8:30 a.m. to 4:30 p.m.:
Regional District of Nanaimo
Administration Building
6300 Hammond Bay Road
Nanaimo, B.C. V9T 6N2
Cash, money order, cheque, debit or credit card (subject to a 2.50% transaction fee)
For more information on payment options visit Payment Information, Electronic Billing and Forms or contact the RDN Finance department at inquiries [at] rdn.bc.ca and 250-390-4111.Â
To Dispute the Bylaw Notice:
The person named on the Bylaw Notice has 14 calendar days upon receipt of the Bylaw Notice to dispute it. If a dispute is not filed with the Regional District of Nanaimo Bylaw Services department within 14 calendar days, the penalty set out in the Bylaw Notice is immediately due and payable by the person named on the Bylaw Notice. On the 15th day after the Bylaw Notice is received, a late penalty (if applicable) is applied. For more information, please review the front and back of the Bylaw Notice. Once a Bylaw Notice is disputed, it is no longer eligible for the discount.
To dispute a Bylaw Notice, the person named (the disputant) must fill out the information on the back of the Bylaw Notice and may deliver it in person, by email or fax within 14 calendar days to:
Regional District of Nanaimo – Bylaw Services
6300 Hammond Bay Road
Nanaimo, B.C. V9T 6N2Email: adjudication [at] rdn.bc.ca
Fax: 250-390-6513
Step Two: Bylaw Offence Notice Dispute Process
If the Bylaw Notice is disputed by the deadline, it will be assigned to a Screening Officer who will contact the disputant to review the evidence of the Bylaw Notice and consider the reasons for the dispute. The Screening Officer will either uphold or cancel the Bylaw Notice pursuant to the Bylaw Dispute Adjudication Screening Procedure.
If the Screening Officer determines that the Bylaw Notice will be upheld, the disputant may:
- Paying the full amount of the fine.Â
- Request a Bylaw Dispute Adjudication Hearing (step three).
In some circumstances, the Screening Officer may consider offering a Compliance Agreement that will acknowledge the Bylaw contravention indicated in the Bylaw Notice in exchange for a reduction or waiver of the fine(s).
Step Three: Adjudication Hearing
If proceeding to an adjudication hearing is request, the disputant will be contacted when a date for the hearing has been scheduled and asked to choose your preferred method of appearance: in person, by phone/video, or in writing. The disputant may choose to appoint an agent to appear on their behalf. The time and location of the hearing will follow closer to the hearing date.
Two weeks prior to the hearing, an evidence package including the evidence being presented at the hearing to support the issuance of the Bylaw Notice, will be sent to the disputant.
At the hearing, an independent Adjudicator reviews and considers all materials and information provided. Based on a balance of probabilities, they will determine if the bylaw offence occurred or not. The Adjudicator will inform the RDN of the outcome of the hearing in writing by a Notice of Decision. The RDN will advise the disputant of the outcome and provide a copy of the Notice of Decision.
If the Adjudicator determines the offence occurred, the Bylaw Notice will be upheld and payment for the full fine amount, plus a $25 adjudication fee will be due immediately. If the Adjudicator cancels the Bylaw Notice, there will be no fees to pay.Â
Please note:
- Bylaw dispute adjudications are open to the public.
- If a disputant fails to appear or present their case, the Adjudicator must order the penalty set out in the Bylaw Notice as immediately due and payable to the Regional District of Nanaimo.
- The Adjudicator cannot reduce the fine amount.
- Attendance to the adjudication hearing can only be cancelled by paying the indicated fine amount.
- A paid Bylaw Notice cannot be taken to an adjudication hearing.
Why is adjudication used?
- Simplifies the dispute process.
- More convenient for disputants, because attendance at an adjudication hearing is not mandatory.
- Removes bylaw violations from the Provincial court system.
- Reduces ticket dispute time.Â
- Reduces need to employ lawyers or enforcement officers to take a case to court.
- More cost effective and efficient system.
- Helps ensure bylaw compliance.
References
