The Regional District of Nanaimo board has endorsed an alternative method in dealing with bylaw infractions.
The RDN currently uses ticketing with fines in the $50-$1,000 range, according to a staff report. However, the only method of disputing is via B.C. provincial court, which brings expenses such as legal fees. Ticketing is a proven deterrence, but legal costs can range between $2,000 to $6,500-plus and the cost of prosecuting and the hardship in collecting fines is detrimental, said RDN staff.
Regional directors endorsed a bylaw adjudication system in response to this at their July 24 regular meeting.
RDN staff will now work to establish a system with the Local Government Bylaw Notice Enforcement Act giving authority for such measures. It will involve a screening officer from the RDN and if needed, an adjudicator from the B.C. Ministry of Attorney General.
The screening officer would conduct a review and explain the process with the person disputing, according to the report. If the RDN seeks compliance, the officer and resident could enter into an agreement which would acknowledge the infraction and could set out corrective measures and a timeline.
The adjudicator would be at arms length from the RDN, selected from the ministry and would only decide whether to confirm or cancel a notice. He or she would hear from the RDN and the person disputing the notice, but wouldn’t have authority to lessen or withdraw the fine, the staff report said.
The RDN will next seek approval from the provincial government, said Tom Armet, RDN manager of buildings and bylaw services.
“We’re not sure at this point how long that will take, but in the meantime, we will be preparing draft bylaws and agreements and policies to bring back to the board once the province has given us the OK to establish,” said Armet.
The system wouldn’t replace the RDN’s ability to pursue more serious matters through injunctive relief or higher fines from the courts where deemed appropriate by the board, the report said.
reporter@nanaimobulletin.com
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