The District of North Vancouver (DNV) will amend its regulatory bylaw to increase the maximum fine in a court prosecution of its bylaw to $50,000. As of now, the limit is $10,000 for prosecutions that happen in provincial court for violation of a DNV bylaw.
For a very long time, the maximum fine for a regulatory bylaw infraction under an Offence Act prosecution had been $10,000. However, in March of 2020, a legislative change raised the maximum fine for a regulatory bylaw infraction under an Offence Act prosecution to $50,000.
All DNV regulatory bylaws that make reference to a maximum fine of $10,000 will need to be changed to take advantage of this increased maximum fine amount, says a staff report to Council. If DNV doesn’t change its bylaw, the judges will be constrained to impose a fine of $10,000.
“In many enforcement scenarios, such as tree protection or other environmental matters, the District likely will want the possibility for a significant fine in egregious circumstances,” the report notes. The amendments will set the maximum fine at the highest amount permitted to allow a judge maximum latitude. The bylaw also sets a minimum fine of $1,000.
DNV will amend 35 regulatory bylaws with new wording that reflects the new $50,000 fine. These bylaws range from blasting, construction noise, fireworks and firearms to graffiti, rodent control and tree protection.
“Amending the bylaws as recommended will raise the maximum fine to the highest limit to allow a judge greater discretion when imposing a fine, particularly in egregious circumstances,” the staff recommends to Council in this report.