Local contractor Patrick Allard is baffled by the bylaw appeal process in Winnipeg.

Allard was flagged regarding a window that has been removed from a property he owns in the St. John’s neighbourhood, it was insulated and boarded over while waiting for the weather to warm so he can stucco over top of it. He was fined for having an improper glaze on a window despite previous discussions with bylaw about the removal of the window and plans to finish it.

After appealing with the traffic authority and having the $200 fine reduced to $0 in November, he appealed the violation with a provincial adjudicator in December who cancelled the penalty outright, stating the offence did not occur.

On Tuesday, with no additional communication with bylaw since the adjudicator’s ruling he received another $200 fine from bylaw for the same issue.

“Why am I going through the hoops?” he said. “Basically, it’s a waste of everyone’s time to have the adjudication in place.”

He says he was given no further reason to believe he was still in violation.

Bylaw would not respond directly to this specific situation, but in an email said “provincial adjudication does not set precedence over an order from a bylaw officer.”

Which for Allard, begs the question why the process was even an option. He said the adjudicator questioned why he was appealing a fine that had been reduced to $0, but understood when he said it was about being in contravention of the bylaw.

The city said, despite the ruling of the adjudicator it was still up to Allard to ensure the building was in compliance with the Neighbourhood Livability Bylaw Act.

According to the Municipal By-Law Enforcement Act, Section 19(2)(C) states an adjudicator can “cancel the penalty notice if, in the adjudicator’s opinion (i) the contravention did not occur as alleged, (ii) the penalty notice does not comply with subsection 6(2), (iii) or a ground for cancellation authorized under the bylaw exists.”

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