What is adjudication?
The adjudication system allows the local governments to manage bylaw disputes locally rather than through the Provincial Court system. Bylaw notices can be disputed out of court with a private adjudicator appointed by the Provincial Attorney General’s Office.
Why is adjudication used?
- Simplifies the dispute process
- More convenient for disputants, as attendance at an adjudication hearing is not mandatory
- Removes minor 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
- Helps ensure bylaw compliance
How does adjudication work?
You receive a Bylaw Notice. What are the next steps?
You have the option to either pay the Bylaw Notice or dispute it. You have 14 calendar days upon receipt of the Bylaw Notice to dispute it. On the reverse side of each ticket, you will find information and directions regarding how you may pay, or dispute a Bylaw Notice.
Phone messages, notes attached to tickets, or a complaint to a Bylaw Services Officer will not be considered a valid dispute.
To dispute a Bylaw Offence Notice fill out the information and sign the back of the ticket and return to the City of Cranbrook. The Dispute/Request for Adjudication can be delivered, mailed, emailed or faxed (within 14 calendar days) to:
City of Cranbrook - Bylaw Services
40 – 10th Avenue South, Cranbrook BC
Email: [email protected]
After hours, tickets can be dropped off in the drop box located outside the front door at City Hall. Additional Dispute/Adjudication forms are also available online or in-person.
Step One: The Bylaw Notice Dispute Process
The City of Cranbrook Screening Officer will receive and review the Bylaw Notice Dispute Form and is authorized to do one of the following:
- cancel a Bylaw Notice
- enter into a Compliance Agreement and reduce the penalty upon compliance with the bylaw; or
- uphold a Bylaw Notice. If the Screening Officer upholds the Bylaw Notice, you will be given the option to request an Adjudication Hearing
Step Two: The Adjudication Hearing
If the Screening Officer upholds the Bylaw Notice, you will be contacted with the date, time and location for an Adjudication Hearing. At the Adjudication Hearing, evidence shall be presented and the Adjudicator shall decide whether the offence did or did not occur. If an offence did occur, the violation notice must be paid in full, plus an additional $25 administrative fee. If an offence is deemed not to have occurred the Bylaw Notice is cancelled and no penalties are due.
Reasons for Disputing a Ticket
Bylaw Notice Dispute/Request for Adjudication will only be considered a for a valid reason. Bylaw tickets are not dismissed for frivolous reasons, such as:
- unaware of the regulation
- no one else has received a ticket for a similar violation
- have never received a ticket before for this violation before
- 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 is immediately due and payable to Local government that issued the Bylaw Notice
- The decision of the adjudicator is final
- The adjudicator cannot reduce the fine amount
- A dispute can only be cancelled by paying the indicated fine amount
- A paid Bylaw Notice cannot be taken to adjudication
PAY IN PERSON: Debit Card, Cash or Cheque
8:30am to 4:30pm MT, Monday - Friday
- City Hall, 40 – 10th Avenue South, Cranbrook, BC, or
- Engineering & Development Services, 1212 - 2nd Street North, Cranbrook, BC
Closed on weekends & statuatory holidays.
Payments can be made online with Visa or MasterCard only.
**NOTE: Payment through our website can only be made by credit card, where a 2.4% convenience fee is added to your transaction total. Contact us for information on other payment options.
If you have questions or would like more information, please contact our Bylaw Services team by email at [email protected].