UC Berkeley/UC San Francisco Supplier Diversity Basics
In this module, you will delve into the policy and regulatory requirements concerning supplier diversity at UC Berkeley and UC San Francisco. Explore Federal Acquisition Regulations, Small Business Subcontracting Programs, and classification types for small businesses. Gain insights into federal agency goals for small business participation.
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Presentation Transcript
Enforcing Bylaws: What You Need To Know November 8, 2024 Elizabeth Anderson, Christopher Gallardo-Ganaban & Emma McCann
Overview Introduction Complaints and Investigations Issuing Tickets Demand Letters Enforcement by Injunction Through Court Contempt Proceedings Case Law a) b) c) d) e) f) g) Enforcing Bylaws
Complaints From who? Property owners Business Owners Individuals Other Agencies Complaint Policies Enforcing Bylaws
Investigations and Inspections Why Inspect? Building Bylaws Fire and Safety Business Permits Authority to Inspect Private Property types of property Enforcing Bylaws
Authority to Inspect Section 16 of the CommunityCharter Enforcing Bylaws
Section 16 of the Community Charter Enforcing Bylaws
Section 16 of the CommunityCharter Enforcing Bylaws
Section 16 of the CommunityCharter Enforcing Bylaws
Duty to Inspect Failure to carry out building inspections Role of municipal building officials Policy decision vs operational decision Case Law Discussion: Ingles v. Tukaluk Construction, 2000 SCC 12 Rothfield v. Manolakos, 1989 CanLii 17 (SCC) Cumiford v. Powell River, 2001 BCSC 960 Enforcing Bylaws
Issuing Tickets Types of Tickets BONs MTIs Summary Conviction by Long Form Information Enforcing Bylaws
Issuing Tickets Authority for BONs Local Government Bylaw Enforcement Act Procedure Local government may establish bylaws Issue fines directly to individual or business Adjudication, if requested Enforcement of judgment in Small Claims Enforcing Bylaws
Issuing Tickets Authority for MTIs Local Government Bylaw Enforcement Act Offence Act Procedure Local government may establish bylaws Issue fines directly to individual or business Dispute by Provincial Court proceedings Enforcement of judgment in Small Claims Enforcing Bylaws
Issuing Tickets Authority for Long Form Information tickets Section 263 of the Community Charter Offence Act Procedure Local government may establish bylaws BC Provincial Court process for summary conviction Initial appearance, arraignment hearing, trial confirmation hearing, and trial Enforcing Bylaws
Demand Letters A demand letter usually warns the receiving party that the writing party will take further action, such as legal proceedings, if the contravention is not stopped by a certain date. PotentialOutcomes: The contravention stops Negotiations occur The contravention does not stop and the local government commences civil enforcement proceedings Enforcing Bylaws
Demand Letters (Contd) Considerations for who should send the demand letter The impact of a demand letter being sent by legal counsel Judicial review of decisions underlying demand letter (McHattie v. Central Saanich (District)) Cost Enforcing Bylaws
Enforcement by Injunction Through Court An injunction is a court order directing a party to do, or not to do, a specified act Local governments derive their power to enforce bylaws by way of injunction from s. 274 of the Community Charter Overview Supreme Court of British Columbia Petition or Notice of Civil Claim Onus of Proof: The local government asserting a bylaw has been contravened Standard of proof: A balance of probabilities Enforcing Bylaws
Enforcement by Injunction Through Court (Contd) Timing of Bringing a Proceeding Local governments have deference as to if and when they will enforce their bylaws Delay or disorganised approach to bylaw enforcement may effect remedies available to a local government (ex. interlocutory injunctions and costs) Enforcing Bylaws
Enforcement by Injunction Through Court (Contd) Interlocutory Injunction Temporary injunctions that may be obtained prior to final judgment Extraordinary remedy Must show the local government has a strong case that the respondent has contravened a bylaw Enforcing Bylaws
Enforcement by Injunction Through Court (Contd) Elements to be Proven Each element of the bylaw sought to be enforced must be proven Example Bylaw: A person must not cut, damage or remove, or permit or cause to be cut, damaged or removed, a protected tree or large-diameter tree: a) without a tree permit issued pursuant to this Bylaw; or b) contrary to a tree permit issued pursuant to this Bylaw Must prove: This person cut, damaged or removed, or permitted or caused to be cut, damaged or removed, a tree or trees; The tree or trees were protected trees or large-diameter trees (as defined in the bylaw); and The person did so without a tree permit issued under the bylaw or contrary to such a permit. 1. 2. 3. Enforcing Bylaws
Enforcement by Injunction Through Court (Contd) Evidence Types of evidence that may be useful Inspections Site visits Internal reports summarizing events Photographs Preservation of evidence Storage of physical evidence Enforcing Bylaws
Enforcement by Injunction Through Court (Contd) Available Defences Non-conforming use protection A local government employee has acquiesced to the use in the past or deemed it allowable Others are also in contravention of the bylaw without enforcement actions being taken Enforcing Bylaws
Enforcement by Injunction Through Court (Contd) Counterclaims Malicious prosecution Misfeasance in public office Negligent Enforcement Negligent Investigation Costs Legal proceedings can be costly, but, if successful, a local government may be able to recover part of their legal costs Enforcing Bylaws
Contempt Proceedings Overview Civil and criminal Supreme Court of British Columbia Brought by application Enforcing Bylaws
Contempt Proceedings (Contd) Must prove beyond a reasonable doubt that: There is a clear, unambiguous order stating what must or must not be done; The party alleged to be in breach of the order has actual knowledge of the order; and The party alleged to be in breach has deliberately done (or failed to do) something which results in contravention of the court s order. Enforcing Bylaws
Contempt Proceedings (Contd) Defences The defendant did comply with the injunction order The injunction order was not sufficiently clear or was too vague to be complied with A technical error in contempt proceedings Enforcing Bylaws
Contempt Proceedings (Contd) Timing Should be viewed as final option Court orders remain effective and enforceable (unless varied) Consider attempting negotiation before bringing contempt proceedings Enforcing Bylaws
Contempt Proceedings (Contd) Results Compliance with the order Fine and/or jail time Local governments do not receive the fines Costs Recovering actual legal costs of bringing contempt proceedings Enforcing Bylaws
Questions? Enforcing Bylaws
Contact Information Elizabeth Anderson Anderson@younganderson.ca / 604-689-7400 Christopher Gallardo-Ganaban Gallardo@younganderson.ca / 604-689-7400 Emma McCann McCann@younganderson.ca / 604-689-7400 Enforcing Bylaws
