Bylaw Notice Disputes

What is bylaw dispute adjudication?

The Bylaw Dispute Adjudication system allows the Regional District of Nanaimo to manage bylaw disputes locally rather than through the Provincial Court system. Bylaw Notices can be disputed out of court with an adjudicator appointed by the Provincial Attorney General’s Office.

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
Reduces need to employ lawyers or enforcement officers to take a case to court
More cost effective and efficient system; and
Helps ensure bylaw compliance

How does bylaw dispute adjudication work?

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).

The person 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 indicated 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 Blaw Notice.

To dispute a Bylaw Notice, the person named (the disputant) must fill out the information on the back of the Bylaw Notice and 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 6N2

Email: adjudication [at] rdn.bc.ca

Fax: 250-390-6513

Step Two: Bylaw Offence Notice Dispute Process

If 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 hear the reasons for the dispute. The Screening Officer will either confirm 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 be offered the choice of:

Paying the full amount of the fine (not eligible for discounted amount).
Entering into a Compliance Agreement, which establishes terms and conditions for compliance, including time periods for payment of penalties and plans to cease or remedy the bylaw contraventions that gave rise to the Bylaw Notice. As a term of the Compliance Agreement, the Screening Officer may authorize a reduction of the prescribed penalty by 50%.
Requesting a bylaw dispute adjudication hearing (step three).

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 review all materials and hear all information provided by both parties. They will determine if the bylaw offence occurred or not (based on a balance of probabilities). 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.

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.

Bylaw Notice payment options

By mail (cheque or money order):

Regional District of Nanaimo
6300 Hammond Bay Road
Nanaimo, B.C. V9T 6N2

Please note that we do not accept postmarks as proof of payment. If you are mailing your payment, please 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.:

Cash, money order, cheque, debit or credit card (subject to a 2.50% transaction fee)
Regional District of Nanaimo Administration Building
6300 Hammond Bay Road
Nanaimo, B.C. V9T 6N2

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.