What is adjudication?
The adjudication system allows the Township to manage bylaw disputes locally rather than through the Provincial Court system. Violation 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?
Step One: You receive a Bylaw Notice
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. If a dispute is not filed with the Townships within 14 calendar days, you will not be able to dispute it later. To dispute a Bylaw Offence Notice ticket, fill out the information and sign the back of the ticket (Dispute/Request for Adjudication. Dispute forms can be delivered, emailed or faxed (within 14 calendar days) to:
Township of Esquimalt - Bylaw Enforcement
1229 Esquimalt Road, Esquimalt BC V9A 3P1
Email: [email protected]
After hours, tickets can be dropped off in the secure mail drop box located outside the front door at Municipal Hall.
Additional Dispute/Adjudication forms are also available at the Township. The Township’s Screening Officer reviews all disputes received by the Township’s Bylaw Enforcement Department.
Step Two: The Bylaw Notice Dispute Process
The Township’s 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 Three: 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 violation notice is cancelled and no penalties are assessed.
Payments can be made by mail (cheque or money order): Township of Esquimalt, 1229 Esquimalt Road, Esquimalt BC V9A 3P1
In person: Cash, money order, cheque, bank draft, or debit card Municipal Hall, 1229 Esquimalt Road from Monday - Friday, 8:30 am to 4:30 pm.