Development Services

By-law Enforcement

Most by-law enforcement issues are related to land use or building by-law matters. The Peace River Regional District acts only when concerns are raised and brought to our attention in writing.

When a concern is brought forward, the matter is investigated with staff and the Electoral Area Director. All efforts are made to resolve issues before the Regional Board is asked to consider enforcement action. Where an issue cannot be resolved the Regional Board may seek legal remedies such as court fines or court injunctions.

If you observe a situation that you feel is not in keeping with Regional District regulations telephone our staff to discuss the matter.

Peace River Regional District By-law Enforcement Policy (February 2008) (PDF, 2 pages, 17 KB)

Policy Statement: By-Law Enforcement

Purpose

The purpose of the policy is to:

Ensure economy and uniformity of administration and enforcement of the Regional District's by-laws and resolutions;
To reduce the Regional District's potential liability;
To ensure that staff provide consistent information to the public and to the Board about Regional District regulations; and,
To reinforce the need for cooperation among departmental staff in solving by-law enforcement problems.

Application

This policy will apply to the investigation of violations and enforcement of all Regional District by-laws as well as the self-help provisions of the Local Government Act and any other statutes which apply to the Regional District.

1. Staff are authorized to react to infractions identified through the complaint process and shall not seek out infractions.

2. Staff will first attempt to resolve by-law infractions by providing information to all interested parties. A mutually agreeable time frame for compliance will be established and confirmed by staff in writing. Failing a reasonable attempt by the interested parties to comply, the matter will proceed to the Board. Approval of the Board to proceed with enforcement is required. Self-help provisions of the Local Government Act may be invoked. Alternatively, the Board may be asked to approve legal assistance and court proceedings.

3. Complainants are required to provide their concerns in writing and under signature, including their name and address to the Regional District. Individuals laying a complaint should be made aware that they may be required to provide a legal statement if the matter proceeds to court.

4. Wherever possible, anonymity will be maintained between the complainant and the alleged violator.

5. Staff will apply standard enforcement procedures in all electoral areas unless specifically varied by a Board resolution. Area Directors will be advised of difficult cases in advance.

6. Where rezoning, or other changes, are brought to the Board for approval as the result of enforcement actions, the Board report must include comments concerning the enforcement problem so that the Regional Board is fully aware of all the reasons for the proposed rezoning, or other changes, under the by-laws and the public concern initiating the enforcement action.

7. Enforcement shall be progressive and may some or all of the following remedies:

(a) Direct enforcement without the involvement of a court generally includes:

(i) Various attempts at resolution with the interested parties;

(ii) If compliance cannot be achieved, report to the Board outlining the contravention with recommendations;

(iii) The interested parties are sent a copy of the Regional Board's Report and invited to make a presentation for public consideration at a Regional Board meeting; and,

(iv) After the public consultation, the Board considers appropriate action to be taken.

(b) Injunction proceedings, both interlocutory and final, in Supreme Court.

(c) Quasi criminal proceedings (prosecution) in the Provincial Court.

(d) Municipal Ticketing Information (MTI)