Under the Local Government Bylaw Notice Enforcement Act, local governments may establish a bylaw notice adjudication system. The Resort Municipality of Whistler has implemented a Bylaw Adjudication System, which allows the Municipality to resolve minor bylaw disputes at the local level rather than through the Provincial Court system.
Previously, a disputed bylaw ticket had to appear in a BC Provincial Court, an expensive and time-consuming process. With the Bylaw Adjudication System, Bylaw Notice disputes are reviewed by adjudicators assigned by the Ministry of Attorney General's Tribunal Transformation Supports Office of the Justice Services Branch. The process is held at Whistler Municipal Hall, and hears all of the disputes. Bylaw Notices (BN) are the type of ticket issued that can be disputed using the Bylaw Adjudication system.
Discounts apply to tickets paid within 14 days. Once a ticket is disputed and is upheld after adjudication, the ticket is no longer eligible for this discount. The full amount of the ticket, plus a $25 adjudication fee is then due.
Disputes will only be considered for valid reasons. Bylaw Notices will not be dismissed for reasons such as:
- You were unaware of the regulations or bylaw
- You have never received a ticket before for this violation
How to dispute:
You must submit a separate application for each disputed ticket.
By paper: Fill in the adjudication request on the back of the ticket, and mail or bring it to Municipal Hall within 14 days of the issue date if you wish to dispute a Bylaw Notice.
Online: Complete and submit the online dispute form within 14 days of the issue date if you wish to dispute a Bylaw Notice.
After the adjudication request is filed and reviewed, a Screening Officer will contact you. A $25 fee is added to the penalty if an adjudicator finds the contravention did occur and the option to pay the discounted penalty is no longer available. If we do not receive your adjudication request within 14 days of the issue date, will not be accepted.
Dispute time frame:
Disputants have 14 days to dispute the notice from the date the notice is considered to be received. Please note a bylaw notice delivered by mail is presumed to have been received by the person to whom it is addressed on the 7th day after mailing. A bylaw notice delivered to a vehicle is presumed to be received on the day it is left. To learn more see the Act.
What happens when you dispute your ticket
1. Screening officer review
A screening officer will contact you to review the details of your dispute. The screening officer will either confirm or dismiss the ticket, based on ticket screening policy.
2. Adjudication hearing is set
After the screening officer review, if you choose to go forward to adjudication, you will be contacted by a dispute coordinator to set the date of the adjudication hearing. You can choose your preferred method of participation: in person, by phone, or in writing.
3. Evidence package
An evidence package will be sent to you which will include the evidence being presented at the hearing. This will be sent 14 days prior to the hearing. The package will contain statements, evidence and materials related to the matter.
4. Adjudicator makes a decision
At the hearing, an independent adjudicator will determine if the bylaw infraction occurred or not. If the adjudicator determines an infraction occurred, you will need to pay the full amount of the ticket, plus a $25 adjudication fee. If the adjudicator determines no bylaw violation occurred, you will not have to pay the fine or adjudication fee.
5. Hearing information:
A dispute adjudication must be open to the public unless the determination is to be based on written materials. As per the Local Government Bylaw Notice Enforcement Act, if a person who has requested or required dispute adjudication is not heard by an adjudicator because the person fails to appear, the adjudicator must order that the penalty set out in the bylaw notice is immediately due and payable by the person to the local government indicated on the bylaw notice.
- The decision of the adjudication is final
- An adjudicator cannot reduce the ticket amount
- Once disputed you can only cancel your dispute by paying your ticket before the hearing.
- A paid ticket cannot be taken to adjudication
- MTI disputes must be disputed through the B.C. Provincial Court system
Hours of operation: Monday to Sunday 8 a.m. to 4:30 p.m.