Bylaw 2602-2017
Appeal Procedure Bylaw, 2016
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2670-2017, 2692-2017, 2802-2018, 2886-2018 . Last amended December 3, 2018
| Contents | ||
|---|---|---|
| 1 Citation | ||
| 2 Interpretation | ||
| 3 Decisions which may be appealed | ||
| 4 Refusal to hear appeals | ||
| 5 Appeal procedure | ||
| 6 Exceptions | ||
| Schedule "A" | ||
| Schedule "B" | ||
WHEREAS the City has a number of bylaws that provide an opportunity to appeal a delegated decision to Council;
AND WHEREAS Council wishes to enact its process for the conduct of such appeals;
NOW THEREFORE the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
Interpretation
2 (a) Schedule "A" contains definitions of terms used in this Bylaw.
(b) Except as otherwise defined in this Bylaw, words or phrases herein will be construed in accordance with their meanings under the Community Charter, Local Government Act, and Interpretation Act, as the context and circumstances may require.
(c) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.
(d) Words in the singular include the plural and gender specific terms include both genders and corporations.
(e) Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw.
(f) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.
Decisions which may be appealed
3 This Bylaw applies to decisions made by an Employee under bylaws identified in Schedule "B", and under other enactments whereby decision making has been delegated to a person other than Council and that provide for a right to reconsideration by Council.
Refusal to hear appeals
4 Council may refuse to hear an Appeal where the Appeal has not been initiated within the time period specified in the applicable bylaw or other enactment, or otherwise within ten (10) days following the date of the decision.
Appeal procedure
5 (a) A person who is affected by a decision of an Employee and wishes to Appeal must file a Notice of Appeal, in accordance with the following requirements:
(i) The Notice of Appeal must be delivered, in writing, to the City Clerk, unless otherwise prescribed, within the time period specified in the applicable bylaw or other enactment, or if no period is specified, within ten (10) days following the date of the Employee's decision.
(ii) The Notice of Appeal must include the following information:
(A) the name, address, email address (if applicable), and telephone phone number of the Appellant;
(B) a copy of the decision or direction of the Employee, and any supporting information or material provided to the Appellant by the Employee;
(C) the reasons explaining why the Appellant believes it should be amended or set aside, and any supporting information;
(D) the request being made of Council, including how the decision or direction should be varied, or what alternative decision or direction should be substituted for that of the Employee, and any supporting information;
(E) any steps that the Appellant has taken to discuss the matter directly with the Employee, where applicable;
(F) a summary of any relevant current and proposed legislation and policy that the Appellant intends to rely on; and
(G) any further information, evidence or other materials that the Appellant wishes to be considered by Council.
(i) The City Clerk is responsible for reviewing the Notice of Appeal, determining whether the requirements under this Bylaw have been met, and communicating with the Appellant and others on matters related to the Appeal.
(ii) Upon receiving the Notice of Appeal, the City Clerk will:
(A) confirm whether the Employee decision on a matter may be appealed, in accordance with Section 3;
(B) confirm whether requirements for the submission, as set out in paragraph (a), are met; and
(C) notify the Employee whose decision is being appealed of the Notice of Appeal.
(iii) Where, in the opinion of the City Clerk, the Notice of Appeal does not comply with the requirements for an Appeal established under paragraph (a), the City Clerk will notify the Appellant accordingly. If the Appellant does not deliver a fully compliant Notice of Appeal within ten (10) days following the date of the notice sent by the City Clerk, the Appeal will not proceed to Hearing and the decision of the Employee will be deemed final.
(iv) Upon receipt of a Notice of Appeal, the City Clerk will arrange for a Hearing.
(v) The City Clerk will provide the Appellant and the Employee written notice of the date, time and location of the Hearing.
(vi) Prior to the date established for the Hearing, the City Clerk will provide a package to Council regarding the Appeal, including all materials to be considered by Council, as provided by the Appellant and the Employee. A copy of the package will be available to the Appellant and the Employee at the office of the City Clerk.
(vii) Any evidence, information or other materials relied on by the Employee to support his decision, and not included in the Notice of Appeal materials, may be obtained from the Employee for the purposes of the Hearing and will be available to the Appellant.
(i) Council may hear and decide the Appeal based upon the materials included in the package distributed by the Clerk under paragraph (b) (vii), and any further submissions or evidence presented to Council, or requested by Council, at the Hearing.
(ii) Hearings will be held in an open meeting, except as otherwise required by the Community Charter or another Act, or at the discretion of Council as may be permitted by law.
(iii) In addition to materials provided by the City Clerk under paragraph (b) (vii), Council may also request and consider further information from the Appellant, the Employee, other City staff or any person whom Council believes has relevant knowledge, expertise or sufficient interest in the matter, including intervenors.
(iv) Council may adjourn the Hearing at any time to obtain additional information where it considers such information would assist Council in determining the Appeal.
(v) During the Hearing, the Appellant may be accompanied by an advocate, legal counsel or another support person and an interpreter/translator.
(vi) During the Hearing, the Appellant will be provided an opportunity to explain his position and provide supporting evidence or materials to Council.
(vii) During the Hearing, the City may have its legal counsel present.
(viii) Council may ask questions of the Appellant, the Employee, a witness, or any other person appearing at the Hearing.
(i) After considering the Notice of Appeal and any further submissions, information and materials it considers relevant to the Appeal, Council may make any decision that it considers appropriate in respect of the matter, and in doing so may confirm, vary or cancel the decision or direction of the Employee, or substitute its own decision or direction.
(ii) The decision of Council on reconsideration is final.
(iii) The City Clerk will promptly notify the Appellant and the Employee of the decision of Council; and will provide any written reasons of Council within seven (7) days following the date of the Hearing.
Exceptions
6 Where authorities exist under a provincial or federal enactment, the appeal procedure of that enactment applies.
Definitions
In this Bylaw, unless content otherwise requires:
"Appeal" means reconsideration by Council of a decision by an Employee.
"Appellant" means the person seeking an appeal, or an appointed representative.
"City" means the City of Abbotsford.
"Council" means the council of the City
"City Clerk" means the City's Director, Legislative Services/City Clerk, and the corporate officer under the Community Charter, Section 148, or designate.
"Employee" means the employee of the City who has been delegated to make a decision affecting the Appellant under a City bylaw or pursuant to a Provincial enactment.
"Hearing" means the hearing of the Notice of Appeal.
"Notice of Appeal" means a written request for an Appeal as established in Section 5.
B/L 2670-2017, B/L 2692-2017, 2802-2018, 2886-2018
City Bylaws Providing the Opportunity to Appeal a Decision of an Employee