The Corporation of Delta COUNCIL REPORT Regular Meeting. Bylaw Dispute Adjudication System Update

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1 The Corporation of Delta COUNCIL REPORT Regular Meeting F.09 To: From: Mayor and Council Property Use & Compliance Department Date: October 2, 2014 Bylaw Dispute Adjudication System Update The following report has been reviewed and endorsed by the Chief Administrative Officer... RECOMMENDATION: THAT this report be received for information... PURPOSE: The purpose of this report is to provide Council with an update on Delta's Bylaw Dispute Adjudication System... BACKGROUND: At the November 7,2011 Regular Meeting, Council adopted Bylaw Notice Enforcement Bylaw No. 7009, This bylaw was implemented to provide a more efficient and effective means of enforcing bylaw offences for most of Delta's bylaws. On September 20, 2014, an article by Ian Mulgrew published in the Vancouver Sun was critical of the City of Vancouver's 'bylaw ticket adjudication system' (Attachment A). This item was raised at the September 29, 2014 Regular Meeting of Council and staff was requested to report back with an update regarding the success of Delta's Bylaw Dispute Adjudication System... DISCUSSION: Benefits of Delta's System Delta's Bylaw Dispute Adjudication System offers many benefits to taxpayers and people who receive bylaw notices:.. Delta's bylaw inspectors focus on compliance when enforcing Delta's bylaws; bylaw notices are used as a tool to achieve compliance with Delta's bylaws, not as a means to secure an additional source of revenue... Delta utilizes a screening officer, which is a supervisor of the Property Use & Compliance staff, who has the responsibility to review disputed bylaw notices

2 Bylaw Dispute Adjudication System Update Page 2 of 4 October 2, 2014 and the authority to cancel any unwarranted notices or enter into compliance agreements with people who have received certain bylaw notices. 1 This enhances the focus on compliance and helps to ensure that the disputed bylaw notices proceeding to an adjudication hearing are valid, complete, and accurate. GI To ensure that people are treated fairly under the Bylaw Dispute Adjudication System, a Delta bylaw supervisor attends all adjudication hearings. The evidence of the enforcement officer is submitted in writing, which allows the officer to continue working in the field, avoiding time spent in court. GI By avoiding the provincial court system, files can be concluded much more quickly, which is beneficial for the public; disputed offences can be resolved fairly without a lengthy court process. GI The option of attending the adjudication hearing in person, submitting a representation in writing, or attending by phone provides people with the ability to dispute bylaw notices without taking time off work. The Bylaw Dispute Adjudication System is regulated by the Province under the Local Government Bylaw Notice Enforcement Act and the Bylaw Notice Enforcement Regulation. Adjudicators are appointed by the Province under these pieces of legislation to adjudicate disputed bylaw notices and each municipality participating in the system contracts directly with one or more appointed persons to adjudicate disputed bylaw notices for the municipality. All dispute hearings in Delta are held in a meeting room at Municipal Hall, which is more accessible to Delta residents than provincial court. Adopting the Bylaw Dispute Adjudication System, has saved money that was previously spent prosecuting disputed tickets in provincial court. The system has also generated additional revenue as a result of the efficiency of the system and the enforcement of some new and revised bylaws that addressed emerging issues in Delta. These cost savings and additional revenue help to recover the costs associated with enforcing Delta's bylaws, which enhances the ability of bylaw inspectors to focus on compliance. Differences with Vancouver Unlike the City of Vancouver, Delta never anticipated that the Bylaw Dispute Adjudication System would result in significant revenue increases beyond cost recovery. The Council Report introducing the first three readings of Bylaw Notice Enforcement Bylaw No. 7009, 2011 stated that increased collection of fines would cover the $3,000 in start up costs and annual costs of $6,000. The Council Report also noted that cost savings would be achieved by avoiding the provincial court under the Municipal Ticket Information System (Attachment B). Also, unlike Vancouver, Delta has a supervisor attend the adjudication hearings. 1 Bylaw notices issued by the Delta Police Department are screened by a Police supervisor.

3 Bylaw Dispute Adjudication System Update Page 3 of 4 October 2, 2014 Statistics Since Delta adopted the Bylaw Dispute Adjudication System, bylaw notices have been issued for just over 10,500 offences (data from December 1, 2011 to September 30, 2014). Table 1 provides annual data before and after the system was adopted: Table 1: Bylaw Dispute Adjudication System Statistics Time Reriod Number of Offences Total Fines Written Number of DisRuted Tickets 2010 (before system) 3,209 $160, (after system) 3,545 $294, Year to Date (Jan.-Oct) 2,973 $263, Since System Inception (Dec ct. 2014) 10,531 $883, The increase in fines from 2010 to 2013 is largely a result of new and revised bylaws that addressed emerging issues in Delta. These included Delta Highways Bylaw No. 6922, 2011, Delta Property Enhancement Bylaw No. 7055, 2012, Delta Animal Control Bylaw No. 6893, 2010, and revisions to Delta Zoning Bylaw No. 2750, 1977 for secondary suites. Since the inception of the Bylaw Dispute Adjudication System, 424 out of 10,531 bylaw notices have been disputed. Of these 424, only 162 have actually proceeded to an adjudication hearing after being reviewed by a screening officer. Table 2 shows the results of disputed bylaw notices for Delta since the inception of the Bylaw Dispute Adjudication System: Table 2: Results of 424 Disputed Bylaw Notices Not Adjudicated (reason) Number Result of ~Cljudication Number Currently in screening process 24 Upheld and paid 42 Paid before adjudication hearing 87 Upheld and not paid 4 42 Agreed to pay during screening then failed to pay 3 Dismissed (cancelled) 10 Voided during screening process 148 Awaiting hearing 68 Total 262 Total Of the 107 disputed tickets, 39 ticket matters went to provincial court was the first full year of the Bylaw Dispute Adjudication System for which data is available. 4 Bylaw notices that are upheld and not paid are sent to a collections agency for payment. In addition, many of Delta's bylaws include a clause that all outstanding fees and fines must be paid before associated permits are renewed.

4 Bylaw Dispute Adjudication System Update Page 4 of 4 October 2, 2014 The data in Table 2 shows that Delta's screening system is very effective at resolving disputed bylaw notices prior to an adjudication hearing. This system saves time and money, not just for Delta taxpayers, but also for people who have received bylaw notices because the lengthy and costly provincial court process is avoided. System Success The Bylaw Dispute Adjudication System has been an unmitigated success in Delta. Not only has the system expedited files so disputed bylaw notices are resolved more quickly, but the system has also saved taxpayers' money previously spent in provincial court prosecuting bylaw offences. Perhaps most importantly, through the communityfocused approach by Delta's bylaw enforcement staff, compliance with Delta's bylaws has greatly improved since the inception of the Bylaw Dispute Adjudication System. Implications: Financial Implications - There are no financial implications to Delta... CONCLUSION: Delta's Bylaw Dispute Adjudication System has been in operation for nearly three years and has been successful in meeting its goal of being a more efficient and effective means of enforcing bylaw offences for most of Delta's bylaws. Delta's procedures for the Bylaw Dispute Adjudication System have ensured that people are treated fairly within the bounds of the bylaw and have helped promote compliance with Delta's bylaws. ~. Hugh Davies Property Use & Compliance Manager Department submission prepared by: Michael Gomm, MPP, Senior Corporate Policy Analyst This report has been prepared in consultation with the following listed departments. Concurring Departments Department Name Signature Human Resources and Corporate Sean McGill (/ Planning.. ATTACHMENTS: A. Vancouver Sun article dated September 20,2014 B. Council Report dated October 6,2014 presented at October 17, 2014 Regular Meeting of Council f 1'11)1 'l'li

5 Attachment 'A' Page 1 of 4 Ian Mulgrew: Vancouver's bylaw ticket system raises questions about fairness City changed its adjudication scheme in 2011, moving it out of provincial courts BY IAN MULGREW, VANCOUVER SUN COLUMNIST"EPTf:MB[I~ 20, 201'1 Amy Wise is incredulous at what he considers Vancouver's disregard of fundamental legal principles in its bylaw ticket adjudication system. Arny Wise stood outside the bylaw-ticket adjudication room complaining the City of Vancouver is putting its thumb on the scales of justice to fill tax coffers. His firm Apex Dispute Resolution conducts similar hearings in 23 B.C. municipalities and he is incredulous at what he considers Vancouver's disregard of fundamental legal principles.

6 Attachment 'A' Page 2 of 4 When he asked to have a couple of questions answered, the adjudicator told him no one from the city would attend. "This is supposed to be fair," Wise said after his 17 -year-old daughter's parking ticket was upheld and he was ordered to pay the $95 fine. The previous disputant was less sanguine about his loss. "I'm not going to pay this. It's purposely confusing to entrap people - adjudicator was still delivering his decision. this is like a speed trap," he fulminated while the The man had spent time assembling photographs and evidence to counter a ticket he received on an unsigned stretch of road where parking appeared to be allowed. The adjudicator agreed it was confusing and the city probably should have signage, but the ticket was valid. "I'm not going to pay this - throw me in jail," the man barked. "This is ridiculous." He stormed out with a dismissive wave of his hand: "Whatever!" Wise says the ticket adjudication scheme that Vancouver adopted in Feb to replace the provincial courts is unfair. The city and others municipalities opted to set up the administrative processes for simple reasons - court resources and increase revenue. it would save money, It hasn't worked and has angered many people. In Nov. 2010, city manager Penny Ballem produced a report justifying the move saying Vancouver issued about 450,000 parking tickets annually bringing in $16.2 million in net revenue. About 101,000 tickets annually went unpaid, about 20,000 were cancelled by staff and some 16,000 were disputed. But the old court process only dealt with about 6,000 disputed tickets a year so there was a growing two-and-a-half year backlog. The outstanding tickets represented about $7-8 million a year in uncollected revenue, staff said, and moving to an administrative rather than court regime would boost revenue. Expected to cost $238,000 a year to operate, the adjudication system was to increase fine collection by $1.2 million in 2011 and up to $3.66 million this year. "This revenue increase will grow year-over-year as it is anticipated that payment rate will increase and the dispute rate decrease over time," the report says. "Current estimates indicate that revenue will increase by $3.66 million by the end of 2014." Those numbers appear in hindsight to have been significantly inflated - and is collecting millions less than Ballem projected. the city issued over 100,000 fewer tickets last year

7 Attachment I AI Page 3 of 4 Tobin Postma, city communication manager, said Vancouver issued only 332,000 tickets last year, generating only about $15 million. Even though it has increased its collection rate by five per cent (about $900,000 annually) under the new system, revenue is way down. The city pays $20,000 a year to Luke Krayenhoff for adjudication services and has only collected about $500,000 in extra revenue via the new process - nothing close to the millions staff predicted. "The 2010 numbers were based on historical data that had been continually rising and so the numbers were estimated to maintain this trend, however, it turns out that due to a number of reasons (such as change in traffic patterns to downtown core and more bike trips) the number of tickets have steadily decreased since then," Postma maintained. I find that explanation hard to believe. And note - to date adjudicators have heard 3,694 cases since Feb little more than half heard every year in court. Of those, 3,238 tickets were upheld - nearly nine out of 10. Talk about a rubber-stamp! Postma claims the city's screening process before adjudication hearings has led to fewer citizens disputing tickets. I suspect people simply realize the system has been stacked against them. Wise thinks Vancouver may be the only provincial municipality using a strict "documents-only regime" for evidence - if you appear to dispute a ticket, you are confronted by a giant TV screen bearing a copy of the ticket, a printed version of the officer's report and a screening report, sometimes photographs. "To their credit every other municipality has at least one responsible staff person attending the hearing in order to at least respond to clarification questions from the disputant," Wise insisted. "Some municipality staff actually present the government's case, some merely sit and monitor proceedings in order to improve the systems of bylaw enforcement and dispute screening. These municipalities provide assurances to the public that they are being dealt with fairly by their local government." No one from Vancouver appears at the adjudication hearing to clarify questions or be cross-examined. "Written evidence without the opportunity to cross examine or face the trier of fact does not meet the standard tests of credibility available to any defendant in our judicial system," Wise said. "Lots of judges have underscored this." The proceedings are monitored and recorded on camera without sign age in the room and a uniformed security guard sits in the small room with the adjudicator and a clerk. Wise finds that offensive and heavy-handed, too.

8 Attachment 'A' Page 4 of 4 Postma said there are signs at the front and rear doors of City Hall that state: "This area is under video surveillance." The city, in Wise's opinion, unlike other municipalities, is using the 2003 Local Government Bylaw Notice Enforcement Act, which established the non-judicial bylaw dispute resolution scheme, in "a highly prejudicial manner that does not provide the appearance of judicial fairness." There is no opportunity to appeal the adjudicator's decision but Wise has 30 days to seek a judicial review in B.C. Supreme Court challenging the procedural fairness of Vancouver's adjudication system. imulgrew@vancouversun.com Copyright (c) The Vancouver Sun

9 The Corporation of Delta COUNCIL REPORT Regular Meeting.0 Attachment B Page 1 of 3 To: Mayor and Council From: Human Resources and Corporate Planning Department Bylaw No: 7009 Date: October 6,2011 Bylaw Notice Enforcement Bylaw The following report has been reviewed and endorsed by the Chief Administrative Officer... RECOMMENDATION: THAT Bylaw Notice Enforcement Bylaw No. 7009, 2011 be given' first, second, and third readings. '.. PURPOSE: The purpose of this report is to present the Bylaw Notice Enforcement Bylaw (Attachment A) for Council's consideration. 111 BACKGROUND: In 2003, the Province enacted the Local Government Bylaw Notice Enforcement Act, which allowed municipalities to establish a second ticketing system to enforce their bylaws using a Bylaw Notice, subject to provincial approval. Most municipalities in Metro Vancouver have been authorized by the Province to enforce their bylaws by Bylaw Notice (Attachment B). At the, July ii, 2011 Re'gular Meeting, Council initiated the process to join the authorized municipalities and resolved to send a letter to the Ministry of the Attorney General to notify the Province of Council's intent to establish a Bylaw Dispute Adjudication System. Following Delta's request, the Province confirmed Delta's inclusion in the Local Government Bylaw Notice Enforcement Act effective September 15, 2011 (Attachment C}. This authorizes Delta to establish a Bylaw Dispute Adjudication System through the enactment of a Bylaw Notice Enforcement Bylaw... DISCUSSION: The Bylaw Dispute Adjudication System is designed to reduce costs and streamline the process of enforcing minor bylaw offences. The Bylaw Notice Enforcement Bylaw will enable Delta Police Officers and Bylaw Officers to more effectively enforce many of

10 Bylaw Notice Enforcement Bylaw Page 2 of 3. October 6, 2011 Attachment B Page 2 of 3 Delta's bylaw offences. The following are key benefits of moving to a Bylaw Dispute Adjudication System by enacting Bylaw Notice Enforcement Bylaw No. 7009: CII Bylaw Notices under the Bylaw Notice Enforc~ment Bylaw may be issued to the registered owner of a vehicle with the Notice left on the offending vehicle. If the registered owner fails to respond to the Notice, a letter is sent to the owner's mailing address and this process is deemed to be proof of service. This service process allows for a more effective and efficientenforcement system for Delta's parking regulations. ' CII The Bylaw Notice Enforcement Bylaw allows for fines to be discounted for prompt payment within 14 days. CII A Bylaw Notice issued under the Bylaw Notice Enforcement Bylaw is less expensive to prosecute in the event of a dispute than tickets issued under the existing Municipal Ticketing Information Bylaw since the dispute process utilizes an adjudicator, rather than Provincial Court. ' 4» Hearings for disputes are streamlined, benefitting both parties: o Hearings take place out of court, reducing costs and saving time. o. The burden of proof is based on the balance or probabilities ratherthan beyond a reasonable doubt. o Officers can submit notes as evidence, rather than berequired to attend a hearing for each disputed Bylaw Notice, allowing officers to spend more time in enforcement duties. o Disputants can choose to attend their adjudication hearing in person or participate via telephone, avoiding the requirement to miss work to dispute a ticket in court. o Delta would gain contr.ol over the scheduling of hearings. o If found at fault after disputing a Bylaw Notice, the offending party may be charged an additional fee of $25, which helps defray the costs of adjudication and acts as an incentive to pay the initial fine. Implications: Financial Implications - Delta would be responsible for the costs of setting up and administering the Bylaw Dispute Adjudication System~ Set up costs are estimated at approximately $3,OOO,with annual costs estimated at approximately $6,000. These costs are anticipated to be covered by the associated increased collection of fines. Cost savings would also be derived from a reduction in the number of cases prosecuted in Provincial Court under the Municipal Ticket Information System. Legal Implications - The Bylaw Notice Enforcement Bylaw (Attachment A) has been reviewed by outside legal counsel..

11 Bylaw Notice Enforcement Bylaw Page 3 of 3 October 6, 2011 Attachment B Page 3 of 3 II CONCLUSION: Bylaw Notice Enforcement Bylaw No would provide a more efficient and effective means of enforcing bylaw offences for most of Delta's bylaws. Sean McGill Director of Human Resources and Corporate Planning Department submission prepared by: Michael Gomm, MPP, Senior Corporate Policy Analyst MG/m.g. This report has been prepared in consultation with the following listed departments. Concurrin De artments Finance Property Use & Compliance Police Hugh Davies Jim Cessford II ATTACHMENTS: A. Proposed Bylaw Notice Enforcement Bylaw No. 7009, 2011 B. Currently Authorized Municipalities C. Order of the Lieutenant Governor In Council dated September 9, 2011 H:ltv1il<e GICouncil Reportsl8ylaw Notice Enforcement BylawlOelivel'ableslBylaw Notice Enforcement Bylaw 1-2-3\CR - Bylaw Notice Enforcement Bylaw Readings 1,2, 3.docx - Friday, October 07,2011,8:1159 AM.