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The New Bylaw Adjudication Process

New. The New Bylaw Adjudication Process. Presentation by Nils Jensen Ministry of Attorney General UBCM Urban Forum September 27, 2005 Vancouver. EFFECTIVE BYLAWS. EFFECTIVE Enforcement. EFFECTIVE Consequences. ADJUDICATION. COURTS. WHY REFORM? Background Current System

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The New Bylaw Adjudication Process

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  1. New The New Bylaw Adjudication Process Presentation by Nils Jensen Ministry of Attorney General UBCM Urban Forum September 27, 2005 Vancouver

  2. EFFECTIVE BYLAWS EFFECTIVE Enforcement EFFECTIVE Consequences ADJUDICATION COURTS

  3. WHY REFORM? • Background • Current System WHAT REFORM? • New System How its working & what’s next  later 3

  4. Background • 1980s Pilot Projects for Dedicated JP Courts • 2000 Chief Judge’s Task Group on Sitting JPs 4

  5. 2002 Discussion paper “Local Government Bylaw Forum” Obstacles Identified • Costs $$$$ (costly to commence, costly to pursue) • Access to the Courts • Collection Obstacles  Disrespect 5

  6. 2003 Local Government Bylaw Notice Enforcement Act 6

  7. Current System COMPLEX COSTLY CUMBERSOME 7

  8. Current System Commencing the Process • Love Notes • MTI • Long Form & Summons Trials • RULES, rules, rules • RULE of Sentencing • “RULE” of WAITING = $$ 8

  9. The NEW & EXCITING Bylaw Adjudication System 9

  10. The Act’s main target Minor infractions with Small fines

  11. 3 Dispute Adjudication Occurred  $$ + $ Or Didn’t Occur cancelled 2 Screening Officer Compliance agreement Or Notice cancelled DisputeorResolve Paid Bylaw Notice issued 1 Default (14 days) 11

  12. Originating document OldNew 1 Bylaw Notice • Single Document • Legally effective on delivery 12

  13. Delivery of Bylaw Notice OldNew 1 13

  14. 2 Screening Officer DisputeorResolve Paid Bylaw Notice issued Default (14 days) 14

  15. Screening Officers at work hard

  16. 3 Dispute Adjudication Screening Officer Compliance agreement Or Notice cancelled DisputeorResolve Paid Bylaw Notice issued Default (14 days) 16

  17. UK adjudicators 17

  18. BC’s NEW Adjudication - who 18

  19. BC adjudicators 19

  20. BC adjudicators Provincially Appointed Independent 20

  21. BC adjudicators The Happy “Disputant” Guy 21

  22. BC adjudicators The “Disputant” Guy – still happy 22

  23. The “Disputant” Guy15 minutes later 23

  24. 24

  25. 3 Dispute Adjudication Occurred  $$ + $ Or Didn’t Occur cancelled 25

  26. Hearing Format OldNew • SIMPLE • Review/Hear • No witnesses required • In person/in writing/by phone • No Lawyers required • Decide • Penalty automatic 26

  27. The NEW Adjudication - where … 27

  28. 28

  29. Dispute Adjudication Occurred  $$ + $ Or Didn’t Occur cancelled SIMPLE FAIR EFFICIENT Screening Officer Compliance agreement Or Notice cancelled DisputeorResolve Paid Bylaw Notice issued Default (14 days) 30

  30. THANK YOU 31

  31. INTERMISSION 32

  32. The NEW Adjudication September 27, 2005 2005 UBCM Annual Convention

  33. Implementation • New process took effect on North Shore May 3rd, 2004 • Three municipalities shared in the start up costs (economies of scale) • Costs of the Dispute Adjudication Registry shared by the three municipalities (fixed costs shared equally, plus additional cost per dispute) • Province call for RFP and negotiated agreement with Adjudicators ($175 for half day - $350 full day – plus administration fee for scheduling / acct.)

  34. Implementation Steps • Bylaw to establish new Bylaw Notice Dispute Adjudication System • Screening policies adopted • Tri-municipal Dispute Adjudication System agreement (part of bylaw) • Expanded to include other bylaws (Animal control, Noise, Nuisance, Parks, Business Licence) • Other municipalities expected to implement adjudication systems soon

  35. PARKING TICKET STATISTICS Old Court System DSITRICT/CITY Tickets Issued 2001 Tickets Disputed 2001 Tickets Issued 2002 Tickets Disputed 2002 Tickets Issued 2003 Tickets Disputed 2003 DISTRICT OF WEST VANCOUVER 12,894 387 9,801 295 6,010 249 CITY OF NORTH VANCOUVER 34,799 396 29,660 408 31,600  440 DISTRICT OF NORTH VANCOUVER 5,756 462 5,009 335 6,610  497 TOTAL 53,449 1,245 (2.3%) 44,470 1,038 (2.3%) 44,220 1,186 (2.7%)

  36. Evaluation of Pilot Project • Pilot Project Team work exceptionally well together • Lot of effort to get Pilot Project going – time well spent • Good reference materials developed (tool kit in works – will be on LGMA website shortly) • Challenges with training staff under new system (recording screening information, when does a discussion turn into a screening…) • Challenges with paper flows and confirming adjudication dates / times – worked out bugs

  37. Evaluation of Pilot Project • Public seem pleased with new process, except those who want to challenge and don’t like the narrow scope of Adjudicators • Screening policies provide the consistency with enforcement of bylaws • Screening process provides the “alleged offender” a prompt opportunity to be heard and where possible pay a reduced fine or ticket is cancelled • Adjudicators need time to adjust to new process – no longer using criminal criteria – now probability • No complaints to respective Councils or in Court regarding this process

  38. Benefits • Welcome enforcement option • Eliminates need for Bylaw Officers to spend countless hours at the Traffic Court waiting to provide evidence • Removes minor bylaw violations from complex Provincial court system • Bylaw notices deemed served when placed on vehicle or delivered • Limited need for legal counsel assistance

  39. Benefits • Reduction in collection costs (reduction in time) • Screening process provides prompt response to public enquires and concerns • Adjudications are held within weeks of offence so matter is resolved quickly – prompt process changes can be initiated • Matter is dealt with by the local community and not the Provincial Government – allowing local community to resolve their own issues

  40. Benefits • Provides local government with control over the process and greatly assists with compliance • Eliminates judicial discretion on penalties • Can be implemented by individual municipality or jointly on regional basis • Allows municipalities/RD to enforce their bylaws at a reasonable cost unlike old court process

  41. Reference Material • Bill 65, 2003 – Local Government Bylaw Notice Enforcement Act • Order in Council No. 392, April 21, 2004 – Bylaw Notice Enforcement Regulations • Local Government Bylaw Forum Discussion paper, June, 2002 (www.ag.gov.bc.ca/legislation/by-law_feedback.html) • Bylaw Notice Dispute Adjudication System Article – Chapter 290, May, 2004 (www.lgma.bc.ca) • Bylaw Adjudication Tool Kit – being prepared by LGMA

  42. INTERMISSION 44

  43. Bylaw Dispute Adjudication System …a simple, fair, and cost-effective system for dealing with minor bylaw infractions.

  44. North Shore Pilot Project • North Shore Pilot Project commenced May 2004 • Evaluation of Pilot Project completed May 2005

  45. North Shore Pilot Project Overview of Report • Reduces delay • Improves payment • Reduces disputes • Improved service • Simpler notification process

  46. North Shore Pilot Project Overview of Report • Reduces delay • Improves payment • Reduces disputes • Improved service • Simpler notification process

  47. North Shore Pilot Project Reduces delay • From 101 days to 91 days • 2% increase fines concluded • Speedier collection referral

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