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The NEW Adjudication

The NEW Adjudication. September 27, 2005 2005 UBCM Annual Convention. Implementation. New process took effect on North Shore May 3 rd, 2004 Three municipalities shared in the start up costs (economies of scale)

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The NEW Adjudication

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

  2. 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.)

  3. 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

  4. 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%)

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

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