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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated
A bylaw respecting the enforcement of bylaw notices in conjunction with
Village of Belcarra Bylaw Adjudication Registry
This consolidation is a copy of a bylaw consolidated under the authority of Section 139 of the
Community Charter. This consolidation is not a legal document. Individual copies of the bylaw
may be obtained by contacting the Village Office. This bylaw is printed under and by authority
of the Chief Administrative Officer of the Village of Belcarra.
-
Amendment Bylaw No. 565, 2020 effective date June 22, 2020.
-
Amendment Bylaw No. 626, 2024 effective date April 2, 2024.
-
Amendment Bylaw No. 630, 2024 effective date September 9, 2024.
The Council of the Village of Belcarra enacts as follows:
Part 1 Citation
1.1
This Bylaw may be cited as Village of Belcarra Bylaw Notice Enforcement Bylaw
No. 520, 2018 (Bylaw Notice Dispute Adjudication Registry).
Part 2 Severability
2.1
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the
invalid portion must be severed and the remainder of this bylaw is deemed to have
been adopted without the severed section, subsection, paragraph, subparagraph,
clause or phrase.
Part 3 Definitions
3.1
In this Bylaw:
"Act" means the Local Government Bylaw Notice Enforcement Act;
"Municipality or Village" means the Village of Belcarra;
"Registry" means the Village of Belcarra Bylaw Notice Adjudication Registry established
pursuant to Part 8 of this Bylaw.
Part 4 Terms
4.1
The terms in this Bylaw have the same meaning as the terms defined in the Act.
Part 5 Bylaw Contraventions
5.1
The bylaw and bylaw contraventions designated in Schedule A may be dealt with by
bylaw notice.
Part 6 Offence and Penalty
6.1
The penalty for a contravention referred to in Part 5 is as follows:
6.1.1 Subject to subsection 6.1.2 and 6.1.3 is the penalty amount set out in column
A1 of Schedule A.
VILLAGE OF BELCARRA
Bylaw Notice Enforcement
Bylaw No. 520, 2018
(Bylaw Notice Dispute Adjudication Registry)
Village of Belcarra Bylaw Notice Enforcement Bylaw No. 520, 2018 Consolidated 2
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6.1.2 If received by the Municipality within 14 days of the person receiving or being
presumed to have received the notice, is the Early Payment Penalty set out in
column A2 of Schedule A.
6.1.3 If more than 28 days after the person received or is presumed to have received
the bylaw notice, is subject to a late payment surcharge in addition to the penalty
under subsection 6.1.1, is the Late Payment Penalty set out in column A3 of
Schedule A
Part 7 Period for Paying a Disputed Notice
7.1
A person who receives a Bylaw Notice must, within 14 days of the date on which
the person received or is presumed to have received the Bylaw Notice:
7.1.1 Pay the penalty, or
7.1.2 Request dispute adjudication by filling in the appropriate portion of the
Bylaw Notice form indicating either a payment or a dispute and delivering
it, either in person during regular office hours, by mail, or pay on-line to
the Belcarra Village Hall.
7.2
A person may pay the indicated penalty after 14 days of receiving the notice,
subject to the applicable surcharge for late payment accordance with Subsection
6.1.3, but no person may dispute the notice after 14 days of receiving the Bylaw
Notice.
7.3
Pursuant to the requirements of Section 25 of the Act, where a person was not
served personally with a Bylaw Notice and advises the Municipality that they did
not receive a copy of the original notice, the time limits for responding to a bylaw
notice under Part 6 and Section 7.1 of this bylaw do not begin to run until a copy
of the Bylaw Notice is re-delivered to them in accordance with the Act.
Part 8 Bylaw Notice Dispute Adjudication Registry
8.1
The Registry is established as a Bylaw Notice Dispute Adjudication System in
accordance with the Act to resolve disputes in relation to Bylaw Notices.
8.2
Every person who is unsuccessful in a Dispute Adjudication in relation to a Bylaw
Notice or a compliance agreement under the Dispute Adjudication System
established under this section must pay the Municipality an additional fee of $25
for the purpose of the Municipality recovering the costs of the adjudication
system.
Part 9 Screening Officers
9.1
The position of Screening Officer is established pursuant to the Act.
9.2
The following are designated classes of persons that may be appointed as
Screening Officers:
9.2.1 Chief Administrative Officer
9.2.2 Public Works Superintendent
9.2.3 Bylaw Enforcement Officers
9.2.4 Bylaw Ticket Screening Contractor
and Council may appoint Screening Officers from these classes of persons by
name of office or otherwise.
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Part 10 Powers, Duties and Functions of Screening Officers
10.1 The powers, duties and functions of Screening Officers are as set out in the Act,
and include the following powers:
10.1.1 Where requested by the person against whom a contravention is
alleged, communicate information respecting the nature of the
contravention, the provision of the bylaw contravened, the facts on
which the contravention allegation is based, the penalty for a
contravention, the opportunity to enter into a compliance agreement,
the opportunity to proceed to the Bylaw Notice Dispute Adjudication
system and the fee or fees payable in relation to the Bylaw Notice
enforcement process;
10.1.2 To communicate with any or all of the following for the purposes of
performing their functions under this bylaw or the Act:
(a) the person against whom a contravention is alleged or their
representative;
(b) the officer issuing the notice;
(c) the complainant or their representative;
(d) the municipal staff and records regarding the disputant's history of
bylaw compliance.
10.1.3 To prepare and enter into compliance agreements under the Act with
persons who dispute Bylaw Notices, including to establish terms and
conditions for compliance that the Screening Officer considers
necessary or advisable, including time periods for payment of penalties
and compliance with the bylaw;
10.1.4 To provide for payment of a reduced penalty if a compliance agreement
is entered into, as provided in column A4 of Schedule A; and
10.1.5 To cancel Bylaw Notices in accordance with the Act or Village policies
and guidelines.
10.2
The bylaw contraventions in relation to which a Screening Officer may enter into
a compliance agreement are indicated in column A4 of Schedule A.
10.3
The maximum duration of a Compliance Agreement is one year.
Part 11 Bylaw Enforcement Officers
11.1
Persons acting as any of the following are designated as Bylaw Enforcement
Officers for the purposes of this bylaw and the Act:
11.1.1 A designated member of the Royal Canadian Mounted Police;
11.1.2 Bylaw enforcement officers appointed pursuant to the Police Act and
Community Charter;
11.1.3 Local assistants to the Fire Commissioner under Section 6 of the Fire
Services Act;
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11.1.4 Bylaw Enforcement Officers, Licensing Inspectors, Building Inspectors,
Animal Control Officers or other persons acting in another capacity on
behalf of a municipality for the purpose of enforcement of one or more
of its bylaws.
Part 12 Form of Bylaw Notice
12.1
The Municipality may from time to time provide for the form or forms of the bylaw
notice, provided the Bylaw Notice complies with Section 4 of the Act.
Schedules
Schedule A - Designated Bylaw Contraventions and Penalties
Village of Belcarra Bylaw Notice Enforcement Bylaw No. 520, 2018 Consolidated
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Schedule A
Schedule A - Designated Bylaw Contraventions and Penalties
(Bylaw Notice Enforcement Bylaw 520, 2018)
Bylaw
No.
Section
Description
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
(*Maximum 50% Reduction in
Penalty Amount Where
Compliance Agreement is
shown as "Yes")
Animal Control Bylaw No. 431, 2010
431
3
Number of Dogs
$75.00
$50.00
$100.00
YES
431
4 & 5
Nuisance Dogs
$100.00
$75.00
$150.00
YES
431
6 & 7
Dog Defecation
$100.00
$75.00
$150.00
NO
431
8 to 11
Aggressive Dogs
$200.00
$150.00
$250.00
YES
Building and Plumbing Code Regulation No. 355, 2003, as Consolidated
355
13 (1)
Traffic Management Plan
$150.00
$100.00
$200.00
YES
355
29
Contravention of Order
$150.00
$100.00
$200.00
YES
355
32
Contravention of Building Code
$150.00
$100.00
$200.00
YES
355
33
Refuse Entry
$150.00
$100.00
$200.00
NO
355
34
Failure to Obtain Permit
$150.00
$100.00
$200.00
YES
355
35
False Information
$150.00
$100.00
$200.00
NO
355
38
Fail to Post Permit
$150.00
$100.00
$200.00
NO
355
39 & 40
Construct to Building Code
$150.00
$100.00
$200.00
YES
355
41
Damage to Municipal Works
$150.00
$100.00
$200.00
YES
355
42
Post Civic Address
$150.00
$100.00
$200.00
NO
355
42 (1) & (2)
Transportation Management Plan
$150.00
$100.00
$200.00
YES
355
43 to 48
Failure to give Proper Notice
$150.00
$100.00
$200.00
YES
355
49
Uncovered Works
$150.00
$100.00
$200.00
YES
355
50
Security Deposit
$150.00
$100.00
$200.00
NO
355
51
Requirement of Permit
$150.00
$100.00
$200.00
NO
355
52
Occupancy Permit
$150.00
$100.00
$200.00
NO
355
53
Unsafe Condition
$150.00
$100.00
$200.00
NO
355
54 to 56
Demolition Procedures
$150.00
$100.00
$200.00
NO
355
57 to 59
Obligations of Contractor
$150.00
$100.00
$200.00
YES
355
63 to 65
Requirements of Registered Professional
$150.00
$100.00
$200.00
YES
355
66 to 68
Professional Plan Certification
$150.00
$100.00
$200.00
NO
355
113 to 118
Stop Work Orders
$150.00
$100.00
$200.00
NO
355
119 & 120
Do Not Occupy
$150.00
$100.00
$200.00
NO
Village of Belcarra Bylaw Notice Enforcement Bylaw No. 520, 2018 Consolidated
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Bylaw
No.
Section
Description
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
(*Maximum 50% Reduction in
Penalty Amount Where
Compliance Agreement is
shown as "Yes")
355
131
Occupancy Permit
$150.00
$100.00
$200.00
YES
355
141
Retaining Wall
$150.00
$100.00
$200.00
NO
355
142
Swimming Pool
$150.00
$100.00
$200.00
NO
355
146
Building Move
$150.00
$100.00
$200.00
NO
355
147 to 151
Building Numbering
$150.00
$100.00
$200.00
NO
355
156
Conformity to Building Code
$150.00
$100.00
$200.00
YES
355
158
General Provisions
$150.00
$100.00
$200.00
YES
Business License Bylaw No. 227, 1995, as Consolidated
227
2 (a)
License Required
$100.00
$50.00
$150.00
YES
227
7
Post License
$75.00
$50.00
$100.00
NO
227
11
Direct Selling
$150.00
$100.00
$200.00
NO
Fire Prevention and Regulation Bylaw No. 627, 2024
627
6.1 - 6.5,
9.19, 16.2,
16.3
Failure to Comply with Order
$500.00
$350.00
$500.00
NO
627
9.22
Obstructing exit
$200.00
$140.00
$260.00
NO
627
9.23
Failure to adopt and practice system of fire
drills or exercises
$200.00
$140.00
$260.00
NO
627
21.3
Failure to maintain life safety
$200.00
$140.00
$260.00
NO
627
9.3, 9.7
Obstruct a member or inspector
$200.00
$140.00
$260.00
NO
627
9.11
Tamper, damage, disconnect or drive over
equipment or hose
$200.00
$140.00
$260.00
NO
627
9.12
Failure to remove hazard
$200.00
$140.00
$260.00
NO
627
9.13
Failure to maintain receptacles
$200.00
$140.00
$260.00
NO
627
9.14
Failure to maintain fire separations
$200.00
$140.00
$260.00
NO
627
9.15, 91.6,
9.17
Improper deposit of combustibles
$200.00
$140.00
$260.00
NO
627
9.18
Failure to maintain chimney, stove pipe or flue
$200.00
$140.00
$260.00
NO
627
9.20
Misuse of gas or electrical appliances
$200.00
$140.00
$260.00
NO
627
10.1
Failure to report fire
$200.00
$140.00
$260.00
NO
627
10.3
Entry of restricted area
$200.00
$140.00
$260.00
NO
627
12.1
Failure to prevent fire hazard
$200.00
$140.00
$260.00
NO
627
12.2
Failure to secure vacant building after fire
$200.00
$140.00
$260.00
NO
627
12.3
Failure to secure vacant premises
$200.00
$140.00
$260.00
NO
627
13.1, 15.6
Block, hinder or obstruct emergency access
route or obstruct road, street, fire access,
service road
$500.00
$350.00
$500.00
NO
627
13.6
Failure to provide access and keys
$200.00
$140.00
$260.00
NO
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Bylaw
No.
Section
Description
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
(*Maximum 50% Reduction in
Penalty Amount Where
Compliance Agreement is
shown as "Yes")
627
15.4, 15.5
Obstruct or tamper with fire hydrant or fire
protection device
$500.00
$350.00
$500.00
NO
627
17.1
Failure to maintain or upgrade system
$200.00
$140.00
$260.00
NO
627
17.2
Failure to maintain fire department
connections
$200.00
$140.00
$260.00
NO
627
18.1.1
Failure to provide contact person
$200.00
$140.00
$260.00
NO
627
18.1.2
Failure for contact person to arrive within 30
minutes of a fire alarm activation
$200.00
$140.00
$260.00
NO
627
18.3
Unlawful fire alarm activation
$200.00
$140.00
$260.00
NO
627
18.4
Failure to address recurring false fire alarm
$500.00
$350.00
$500.00
NO
627
19
Failure to maintain fire protection device
$200.00
$140.00
$260.00
NO
627
20.1
Failure to provide proper addressing
$200.00
$140.00
$260.00
NO
627
21.1, 21.2,
21.4
Failure to provide fire safety plan
$200.00
$140.00
$260.00
NO
627
21.4.2
Failure to ensure emergency access route to a
construction or demolition site
$500.00
$350.00
$500.00
NO
627
21.4.3
Failure to maintain adequate water supply
$200.00
$140.00
$260.00
NO
627
22.1
Failure to obtain an open air fire permit
$200.00
$140.00
$260.00
NO
627
22.8
Burning prohibited materials
$200.00
$140.00
$260.00
NO
Recycling and Refuse Collection and Removal Regulation Bylaw No. 422, 2010
422
3 to 15
Owners Responsibility
$100.00
$50.00
$150.00
NO
422
42
Contravention of Bylaw
$100.00
$50.00
$150.00
NO
Traffic and Parking Regulation Bylaw No. 518, 2018
518
14
Parking Conformity
$160.00
$100.00
$240.00
NO
518
15
Damage to Device
$250.00
$200.00
$300.00
NO
518
16
Obey Commands
$250.00
$200.00
$300.00
NO
518
17 to 19
Speed Limit
$160.00
$100.00
$240.00
NO
518
21
Vehicle Wheels on Highways
$200.00
$150.00
$250.00
NO
518
23
Load Limits
$200.00
$150.00
$250.00
NO
518
24
Vehicle Size
$200.00
$150.00
$250.00
NO
518
28 a - g
Recreation Apparatus
$200.00
$150.00
$250.00
NO
518
31
Removal of Notice
$200.00
$150.00
$250.00
NO
518
43 a - d
Unlawful Parking
$160.00
$100.00
$240.00
NO
518
44 a - b
Time Limits
$160.00
$100.00
$240.00
NO
518
45 a - c
Lane Parking
$160.00
$100.00
$240.00
NO
518
46 i - xii
Prohibited Parking
$160.00
$100.00
$240.00
NO
518
47
Double Parked
$160.00
$100.00
$240.00
NO
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Bylaw
No.
Section
Description
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
(*Maximum 50% Reduction in
Penalty Amount Where
Compliance Agreement is
shown as "Yes")
518
48
Trailer Parking
$160.00
$100.00
$240.00
NO
518
49 a - c
Disability Parking Zone
$160.00
$100.00
$240.00
NO
518
50
Residential Parking
$160.00
$100.00
$240.00
NO
518
51 a
Length / Weight Restrictions
$250.00
$200.00
$300.00
NO
518
52 a - b
Hazardous Material
$250.00
$200.00
$300.00
NO
518
53 a - b
Snow Removal
$160.00
$100.00
$240.00
NO
518
54
Drainage
$160.00
$100.00
$240.00
NO
518
55 a - c
Littering
$160.00
$100.00
$240.00
NO
518
56 a - b
Construction
$200.00
$150.00
$250.00
NO
518
57 a - d
Impeding Traffic
$160.00
$100.00
$240.00
NO
518
58
Noise / Advertising
$200.00
$150.00
$250.00
NO
518
59
Trees Over Highway
$160.00
$100.00
$240.00
NO
518
60 a -c
Structures Over Highway
$250.00
$200.00
$300.00
NO
518
61 a - c
Property Access
$250.00
$200.00
$300.00
NO
518
62
Highway Damage
$300.00
$225.00
$400.00
YES
518
63 a - c
Public Utility
$300.00
$225.00
$400.00
YES
518
64
Boulevards Maintenance
$160.00
$100.00
$240.00
YES
(entire Traffic & Parking Regulation Bylaw Table amended by Bylaw No. 565, 2020)
Water Well Regulation Bylaw No. 455, 2012, as Consolidated
455
3 a - b
Well Disconnection
$200.00
$150.00
$250.00
YES
455
4 a - d
Non-Domestic Purpose
$200.00
$150.00
$250.00
YES
455
5 a
Introduce Water System
$200.00
$150.00
$250.00
YES
Water Works Regulation Bylaw No. 456, 2012, as Consolidated
456
5 a - g
Prohibitions
$100.00
$75.00
$150.00
NO
456
18
Require Connection
$200.00
$150.00
$250.00
YES
456
58
Approval of System
$200.00
$150.00
$250.00
YES
456
62
Air Conditioners
$100.00
$75.00
$150.00
NO
456
68
Water Meter
$200.00
$150.00
$250.00
YES
456
75
Prohibition of Contamination
$200.00
$150.00
$250.00
NO
456
86 a - e
Maintenance Responsibility
$200.00
$150.00
$250.00
YES
456
84
Leaks
$200.00
$150.00
$250.00
YES
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Bylaw
No.
Section
Description
A1
Penalty
A2
Early
Payment
Penalty
A3
Late
Payment
Penalty
A4
Compliance
Agreement
Available
(*Maximum 50% Reduction in
Penalty Amount Where
Compliance Agreement is
shown as "Yes")
456
85
Water Restrictions
-
Water Use contrary to restriction Stage 1
-
Water Use contrary to restriction Stage 2
-
Water Use contrary to restriction Stage 3
-
Water Use contrary to restriction Stage 4
$150.00
$250.00
$350.00
$500.00
$150.00
$250.00
$350.00
$500.00
$150.00
$250.00
$350.00
$500.00
NO
456
91 and 97
Use of Hydrant / Open
$200.00
$150.00
$250.00
NO