What is the purpose of moving from the Municipal Ticket System to the Bylaw Dispute Adjudication System?
The goal of the bylaw dispute adjudication model is to create simple, fair, and cost-effective systems for dealing with minor bylaw infractions. To meet this goal, the adjudication model:
• eliminates the requirement for personal service;
• establishes a dedicated forum for resolving local bylaw enforcement disputes;
• uses a dispute resolution-based approach to obtaining independently adjudicated decisions;
• avoids the unnecessary attendance of witnesses;
• avoids the need to hire legal counsel; and
• promotes the timely resolution of bylaw enforcement disputes.
What specific changes are proposed Bylaw 500?
The purpose of the bylaw is to add an enforcement clause and maximum fine to the Part 5 Development Permit Areas and amend the wording of Section 3.2 General Operative Clauses for improved clarity to support enforcement of all land uses. If adopted, this Amendment Bylaw will allow for contravention of a development permit area, to result in a fine and be adjudicated through a Bylaw Dispute Adjudication System as an alternative to the courts.
Where do these changes apply?
The Bylaw Dispute Adjudication System is being established in all RDN electoral areas, but these changes to Bylaw 500 related to development permit area infractions only apply to the following:
Area A: Cedar, South Wellington, Yellow Point, Cassidy
Area C: Extension, Nanaimo Lakes, East Wellington, Pleasant Valley
Area E: Nanoose Bay
Area G: French Creek, San Pareil, Little Qualicum
Area H: Bowser, Qualicum Bay, Deep Bay
Where within the RDN is the Bylaw Dispute Adjudication System already in place?
The City of Nanaimo, City of Parksville, and the Islands Trust (Gabriola, Mudge and DeCourcy) have had the Bylaw Dispute Adjudication System in place for several years.