Disputing bylaw offence notices
The bylaw dispute 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.
- May be issued to a person, company, or vehicle
- Used for first time offenders or minor offences
- Disputes are heard by a dispute resolution adjudicator appointed by the province and held at the local government level
- Fines of up to $500 per offence
- May be issued to a person or company
- Used for repeat offenders or more serious offences
- Disputes are heard in the Provincial Court of B.C., usually by a Judicial Justice of the Peace. There is no screening process.
- Fines of up to $1,000 per offence
- Must be disputed within two weeks via process on back of the ticket
- May be issued to a person or company
- Used for repeat offenders, serious offences, or situations were a court order may be requested
- Case is heard in the Provincial Court of B.C. before a Judicial Justice of the Peace or a Provincial Court Judge
- Fines of up to $50,000 per offence, six months in jail, or a court order may be issued
To dispute a Bylaw Notice, complete the dispute/request for adjudication section on the back of the ticket and submit it to the City in person, by mail, fax or e-mail within 14 days of issuance.
After a Bylaw Notice is disputed, the City sends a report of the incident to the Screening Officer, who will then contact the person who made the dispute (disputant) to present their side of the incident.
The Screening Officer will review the Bylaw Notice and the circumstances surrounding its issue and either revoke or uphold the notice. If the Screening Officer upholds the Bylaw Notice, they may offer one of the following two options to the disputant:
- The disputant may be offered the opportunity to acknowledge that they violated a bylaw and agree to remedy the infraction immediately or by a set date in the future. The City may reduce or waive the fine option once the infraction has been remedied. This scenario is a possibility for infractions that are authorized by Council to allow for a compliance agreement.
- If no option is available for a compliance agreement, the disputant may choose to either pay the notice or request the notice be forwarded to an adjudicator
When a Bylaw Notice remains unpaid after 14 days, a reminder notice is automatically generated and sent by mail. If you inform Bylaw Services that you didn’t receive a ticket within 21 days of the issue date for the original notice, the Bylaw Offence Notice may be reissued and the dispute period extended for an additional 14 days.
In situations where the Screening Officer is unsuccessful in resolving the dispute, a Bylaw Adjudication Hearing may be requested.
- If the disputant chooses the adjudication process, they will be contacted by a Dispute Coordinator, who will confirm that the file is complete and request additional information if necessary. The Dispute Coordinator will schedule an adjudication date and time based on the adjudication calendar and will confirm the disputant's preferred method of participation: in person, by phone or in writing.
- The hearing will be conducted at Kelowna City Hall or in alternate locations on occasion. The disputant and Bylaw Officer aren’t 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 occurred. If the adjudicator determines that the infraction occurred, the full penalty will be applied as well as an adjudication fee of $25. If the adjudicator determines that no bylaw violation has occurred, no fine or adjudication fee will be applied. The adjudicator doesn’t have the authority to modify the offence or penalty.
|Kelowna||Thursday, Jan. 6||9 a.m.|
|Kelowna||Thursday, Jan. 20||9 a.m.|
|Penticton||Thursday, Feb. 3||1 p.m.|
|Kelowna||Thursday, March 3||1 p.m.|
|Kelowna||Thursday, March 10||9 a.m.|
|Kelowna||Tuesday, March 15||9 a.m.|
|Kelowna||Thursday, April 7||1 p.m.|
|Vernon||Thursday, May 5||1 p.m.|
|Kelowna||Thursday, June 2||1 p.m.|
|Kelowna||Thursday, July 7||1 p.m.|
|Penticton||Thursday, Aug. 4||1 p.m.|
|Kelowna||Thursday, Sept. 1||1 p.m.|
|Kelowna||Thursday, Oct. 6||1 p.m.|
|Vernon||Thursday, Nov. 3||1 p.m.|
|Kelowna||Thursday, Dec. 1||1 p.m.|
The Southern Interior Bylaw Notice Dispute Adjudication system is a joint initiative between 12 local municipalities. We manage the Bylaw Adjudication Calendar on behalf of the: City of Enderby, City of Penticton, City of Vernon, City of West Kelowna, District of Coldstream, District of Lake Country, District of Peachland, District of Summerland, Regional District of Central Okanagan, Regional District of Okanagan Similkameen and Town of Oliver.