A resident of a municipality was issued a Notice of Violation of the municipality’s Animal Control Bylaw. The notice, which is a warning of future penalties, was provided to the complainant’s landlord, who then used it as grounds for eviction and as evidence in proceedings before the Island Regulatory and Appeals Commission (IRAC). The complainant disputed the validity of the notice and did not understand why it was provided to their landlord.
When we contacted the municipality, it was quick to acknowledge that the notice was incorrectly provided to the landlord rather than the complainant. It explained that some bylaws permit the issuance of notices to owners of impacted properties, which the bylaw enforcement officer mistakenly believed was the correct procedure for violations of the Animal Control Bylaw.
Recognizing the mistake, the municipality quickly took accountability by writing to the complainant and their landlord, apologizing for the error and explaining that the notice was retracted. It also wrote a letter that the complainant could provide to IRAC, explaining the municipality’s mistake and that the notice was no longer valid. The municipality further committed to ensuring that their Bylaw Enforcement Officers were aware of their obligations under the Animal Control Bylaw to serve notices directly to animal owners.
