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How to Dispute and Win a

Regional District (of Central Okanagan)

Building Inspection Bylaw Violation / Contravention

LAST UPDATE May 01, 2015

Click on your refresh button in the top menu, to be sure you see any updates.

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Use this information at your own risk, as this is not legal advice in any way shape or form.
We recommend you talk to a lawyer for legal advice.

You can help yourself decide if you need to seek a lawyers advice after taking a few steps on your own and before you go spending money on a lawyer unnecessarily.

Everyone should familiarize themselves with the Canadian Charter of Human Rights and Freedoms

plus familiarize yourself with the Universal Declaration of Human Rights.

Search the BC Supreme Court and the BC Provincial Courts for similar cases to your own and find out what the outcome of those cases were.

Do a search on Google.ca.
It helps to group a sentence together by putting quotation marks at the front and end of the sentence you are searching for.
For example type the following into google's search:  "stop work order"
or for two sentences type the following:
"notice on title" "stop work order"

If you are in a Municipality then read the Community Charter as it is more for Municipalities.

If you are in a Regional District then read the Local Government Act as it is more for Regional Districts, although the Community Charter is also referred to in the Local Government Act.

Search through legal forums may help answer some of your questions

http://legal.advicescene.com/

http://www.palidan.com/forums/index.php

http://www.isitlegalto.com/canada-law/

 

You can also look through self-help legal websites

http://www.supremecourtselfhelp.bc.ca/

http://www.supremecourtselfhelp.bc.ca/legaladvice.htm

http://www.clasbc.net/

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Ask a Building Code Question

http://www.housing.gov.bc.ca/building/code_questions/index.htm

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Question: Existing Buildings – Do they have to conform to the BC Building Code?

Answer: In general terms, existing buildings should conform to the edition of the BC Building Code in force when they were constructed. An existing building is not expected to be brought up to current BC Building Code standards. If a building is altered or renovated, its use or occupancy is changed, or components of the building are replaced, the current BC Building Code applies.

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RDCO Building Bylaw #835

20. PENALTIES
20.1 Any person who breaches any provision of this bylaw commits an
offence and is liable, upon prosecution, to the penalties provided under
the Offence Act.

General penalty
4 Unless otherwise specifically provided in an enactment, a person who is convicted of an offence is liable to a fine of not more than $2,000 or to imprisonment for not more than 6 months, or to both.

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Building Code book fee if you buy

BC Building Code Book includes Plumbing Code $250 plus $16.95 for update

Fire Code Book $140

Canadian Electrical Code Book Part 1 $150

These code books are available at the library for free.

National Research Council Construction Codes

The Canadian Commission on Building and Fire Codes is responsible for development of the national model codes. Visit the National Code Documents web site for more information.

Historical Editions of the National Building Code

Building Code Information (Ministry of Community, Aboriginal and Women's Services)

The Building Access Handbook .pdf icon
The Building Code Appeal Board

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DID YOU KNOW THAT YOU ONLY HAVE 2 MONTHS TO NOTIFY A REGIONAL DISTRICT BY LETTER, IF YOU ARE TAKING A REGIONAL DISTRICT TO COURT, AND THAT YOU HAVE TO EXPLAIN EVERY DETAIL?

AND DID YOU KNOW YOU ONLY HAVE 6 MONTHS TO START COURT ACTION?

THERE ARE SOME CASES WHERE MORE THAN 6 MONTHS CAN PASS IF YOU HAVE A GOOD EXCUSE

FOR EVERYONE ELSE YOU HAVE 2 YEARS TO TAKE THEM TO COURT!!!

MUNICIPALITY MEANS REGIONAL DISTRICT
Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts
Division 1 — Interpretation

Application of other provisions
774 In the application of the other provisions of this Act or the Community Charter to regional districts, references are to be read as follows:

Reference To be read as
municipality............................... regional district

council...................................... board
mayor....................................... chair
councillor.................................. director
municipal officer........................ regional district officer

(We believe that Municipality means Regional District)

===================================

Local Government Act
[RSBC 1996] CHAPTER 323
Part 24 — Regional Districts
Division 6 — General

Legal proceedings and enforcement
847 (1) The following apply to a regional district and its board:

Division 2 [Proceedings against Municipality] of Part 7;

================================

Local Government Act
Part 7 — Legal Proceedings
Division 2 — Proceedings against Municipality

Limitation period for actions against municipality
285 All actions against a municipality for the unlawful doing of anything that

(a) is purported to have been done by the municipality under the powers conferred by an Act, and

(b) might have been lawfully done by the municipality if acting in the manner established by law,

must be commenced within 6 months after the cause of action first arose, or within a further period designated by the council in a particular case, but not afterwards.



Immunity unless notice given to municipality after damage
286 (1) A municipality is in no case liable for damages unless notice in writing, setting out the time, place and manner in which the damage has been sustained, is delivered to the municipality within 2 months from the date on which the damage was sustained.

(2) In case of the death of a person injured, the failure to give notice required by this section is not a bar to the maintenance of the action.

(3) Failure to give the notice or its insufficiency is not a bar to the maintenance of an action if the court before whom it is tried, or, in case of appeal, the Court of Appeal, believes

(a) there was reasonable excuse, and

(b) the defendant has not been prejudiced in its defence by the failure or insufficiency.

IT SAYS THERE IS EXCEPTION TO THIS IF THERE WAS REASONABLE EXCUSE. YOU CAN FIND CASES IN THE BC COURT JUDGEMENT DATABASE

SMALL CLAIMS COURT AND PROVINCIAL COURT JUDGEMENTS DATABASE

SUPREME COURT JUDGMENTS DATABASE

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.pdf icon April 18, 2011 Highlights of the Regional District of Central Okanagan Regular Board Meeting

March Building Statistics

During March, 23 building permits were approved for projects worth $1,656,500 in the Central Okanagan East and Central Okanagan West Electoral Areas. During the first three months of 2011, 37 permits have been issued by the Development Services Inspections Section for projects valued at $3.4-million. In the same time period last year, 33 permits had been issued for construction worth almost $2.8-million.

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.mp3 file icon - click here for help with audio April 18, 2011 audio of entire RDCO Board meeting - .mp3 (200 MB)

Click this Windows Media Audio icon for help with audio files April 18, 2011 audio of RDCO Board meeting only about Building Stats  - .wma (176 KB)

.pdf icon April 18, 2011 Regional District of Central Okanagan Regular Board Meeting Minutes

RDCO Board minutes are not posted until after the minutes are adopted at the following Board meeting.  If the minutes are not posted here yet, you can check RDCO's website to see if they are posted there yet.

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IN THE SUPREME COURT OF BRITISH COLUMBIA

Kranz v. Corp. of the City of Nelson

In so holding, I am mindful of Section 755.1 of the Municipal Act, R.S.B.C. 1979, c. 290 which states as follows:

755.1(1) No action for damages lies or shall be instituted against a municipal public officer or former municipal public officer for anything said or done or omitted to be said or done by him in the performance or intended performance of his duty or the exercise of his power or for any alleged neglect or default in the performance or intended performance of his duty or exercise of his power.

(2) In this section "municipal public officer" means ...

(i) an officer or employee of a municipality, ...

(3) Subsection (1) does not provide a defence where

(a) the municipal public officer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct ...

In my opinion, the other named Defendant in this action, Mr. Schneider, the Building Inspector, was negligent but he was not grossly negligent or malicious or wilful and therefore, in accordance with s.755.1 of the Municipal Act, in the absence of such egregious conduct, the liability here rests entirely with the Corporation.

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Kimpton v. Canada (A.G.) and British Columbia (HMTQ)
2004 BCCA 72

[6] As I view the case against British Columbia, there is only one issue. In my view the chambers judge correctly found the creation and establishment of the BCBC to be an act of lawmaking. See Welbridge Holdings Ltd. v. Metropolitan Corporation of Greater Winnipeg, [1971] S.C.R. 957. Immunity from the application of tort law flows from that fact. As the chambers judge noted at paragraph 63 of his reasons for judgment, “[t]o the extent a government negligently governs, the voting public may impose a political consequence at an election.” It follows I would not accede to the grounds of appeal that apply to British Columbia.

[7] Nor would I accede to the grounds of appeal with regard to the claim against Canada. I am not persuaded the chambers judge erred when he held that the National Research Council was not in a relationship of sufficient proximity with the appellant to give rise to a private law duty of care. The appellant presented no authority establishing a duty of care on any advisor to a legislative body. And that is the role of the National Research Council with regard to the NBC. The National Research Council is a creature of statute. Parliament created it to have “charge of such matters affecting scientific and industrial research as the Governor in Council may assign to it” National Research Council Act, R.S., c. N-14, s. 4. Included in such matters was the development of a model building code to assist municipalities in enacting building bylaws and the construction industry by having uniform national building standards.

[8] To the extent the appellant and others in her very unhappy situation may have been injured by the alleged negligence in the preparation or dissemination of the NBC, their reliance can only be on British Columbia, whose Legislature authorized the making of the regulation adopting the NBC by reference, with the effect of a municipal building bylaw, an act of lawmaking, as I have said, beyond review by a court in the conduct of tort law.

[9] I would dismiss the appeal.

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Something like this may help?

LGMA of BC
Bylaw Dispute Adjudication Toolkit

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These Regional District of Central Okanagan Bylaws may apply to you?

Regional District of Central Okanagan Consolidated Building Bylaw #835

Occupancy and Building Maintenance Standards Bylaw No. 183, 1979
A by-law to provide regulations for minimum maintenance and occupancy standards of properties located within areas selected
for the purposes of the Residential Rehabilitation Assistance Program.

Consolidated North Westside Official Community Plan Bylaw No. 785, 1999

Some of RDCO POLICIES AND PROCEDURES we received through FOI.

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The link to the document described in the table below is certainly something to read and think about.

If the wording of the bylaw creates uncertainty, then a bylaw may be struck down.

UNCERTAINTY The words in the bylaw are important. If they are too vague, so that the average well-intentioned citizen would not be able to discern whether he or she was conforming to the bylaw, then the bylaw will be struck down, being too uncertain to be enforceable.

For example, a bylaw that referred to buildings “near a watercourse” was held uncertain because it requires the discretion of the administrator of the bylaw to determine the meaning of “near”. A bylaw that measured a set back “from the road” was uncertain because there were a number of roads and it wasn't clear which was meant.

UBCM ADVISORY SERVICE - FACT SHEET SERIES #6 http://www.bestlibrary.org/ss10/files/bylaws.pdf

Just in case this document disappears we have a copy, just ask and we will post it up here.

keywords in this document include: bylaw, quash, quashing, bad faith, discretion, ultra vires, uncertainty, uncertain, dishonesty, unfair discrimination, malice, corruption, sinister, spiteful, resolution, revoking, repealing, revise, municipal code, court, board, council, community charter, local government, severance clause, voting, electors, final adoption, municipal seal, petitioner, illegality, enforcement officers, improper delegation, subdivision, set back, near watercourse, restriction, procedural fairness, allegations, void, invalid, amend

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TO: UBCM Members
FROM: UBCM Executive
DATE: September 20, 1997
RE: LIABILITY ACTION PLAN: PRIORITIES TO RESTORE THE BALANCE OF PUBLIC LIABILITY

4. OTHER RELATED DEVELOPMENTS
The Building Standards Branch of the Ministry of Municipal Affairs and Housing was eliminated as a consequence of Fall 1996 cutbacks. The policy role of the Branch is to continue in a limited way but matters such as Building Code interpretation are no long available. This leaves a major void.

http://ubcm.fileprosite.com/content/pdfstorage/2492610345252005111056AM95520.pdf

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.pdf icon Regional District of Central Okanagan Regular Board Meeting Minutes – January 15, 2007 (Pg. 10-11)

#20/07 HANSON/REID
THAT the Regional District Board direct that a notice be filed on the title of Lot 2, Plan 4978, O.D.Y.D., pursuant to Section 57 of the Community Charter Act, and pursuant to that section of the Community Charter Act, further information regarding the notice be limited to the fact that:

1. The construction of a barn has not been issued a building permit, which is a violation of Regional District of Central Okanagan Building Bylaw No. 835.

CARRIED

The question was raised whether building violations needed to be brought before the Regional Board and whether staff could be given the authority to deal with them.

#21/07 SHEPHERD/GIVEN
THAT the Director of Inspection Services be directed to investigate whether the Regional Board can authorize staff to deal with building violations and direct title notices to be filed.

CARRIED

*NOTE: 96 pages with the keywords "Building Violation" on RDCO's website

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Regional District of Central Okanagan

Policy and Procedures Manual

Inspections Services

Inactive building permits / stop work orders with a bylaw contravention notice

Dated July 9, 2009

We received this through the Freedom of Information Act February 14, 2010

Regional District of Central Okanagan - RDCO - Policy and Procedure Manual - Inactive Building Permits - Stop Work Order - Bylaw Contravention Notice
click to read larger copy

more building policies

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This letter from RDCO Chief Building Inspector says the following:

It is possible for occupancy to be granted even though the building may not be one hundred per cent completed. In order to obtain occupancy the building must be safe to occupy and capable of functioning as a single family dwelling as described in the BC Building Code.

It is possible for occupancy to be granted even though the building may not be one hundred per cent completed.
click letter to read larger print

Excerpt from Regional District of Central Okanagan Bylaw #835

f) "Completion Certificate" means an occupancy permit.

j) "Occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property.

k) "Occupancy Permit" shall mean an inspection form, corresponding with the occupancy inspection, which shows that the Inspector considered that no further inspections were necessary and that the project authorized by the permit was considered to be complete and ready for use at the time of the occupancy inspection.

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and don't forget what your actual building permit says, read it

This is what one Regional District of Central Okanagan Building Permit said that was posted on RDCO's website:

1) I acknowledge that if I am granted a building permit pursuant to this application that I am responsible for
compliance with the current edition of the Code, Regional District of Central Okanagan Building Bylaw and any other applicable enactment, code, regulation or standard relating to the work in respect of which the permit is issued, whether or not the said work is undertaken by me or by those whom I may retain or employ to provide design and/or construction services.

2) I acknowledge that neither the issuance of a permit under the Regional District of Central Okanagan Building Bylaw, nor the acceptance or review of plans, specifications, drawings or supporting documents, nor inspections made by or on behalf of the Region constitute a representation, warranty, assurance or statement that the current edition of the British Columbia Code, the Building Bylaws of the Regional District of Central Okanagan or any other applicable enactment, code, regulation or standard has been complied with.

3) Where the Region requires that Letter of Assurance be provided by a registered professional pursuant to Section 9.8 of the Regional District of Central Okanagan Building Bylaw and Section 290 of the Municipal Act, I confirm that I have been advised in writing by the Region that it relied exclusively on the Letter of Assurance of "Professional Design and Commitment for Field Review" prepared by (insert name of registered professional or attach list) __________________ in reviewing the plans, drawings, specifications and supporting documents submitted with this application for a building permit.

4) I confirm that I have relied only on the said registered professional for the adequacy of plans, drawings, specifications and supporting documents submitted with this application.

5) I understand that I should seek independent legal advise in respect of the responsibilities I am assuming upon the granting of a permit by the Region pursuant to this application and in respect of the execution of this acknowledgement.

6) I hereby apply for a building permit in accordance with the submitted documents and this application.

http://www.regionaldistrict.com/docs/inspections/build_perm_app03.pdf

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This is what another actual and real building permit from 2002 stated:

I, BEING THE OWNER OR ACTING WITH THE CONSENT OF THE OWNER, AGREE TO THE FOLLOWING:  It is my responsibility to obtain all inspections required by the building bylaw.  I will hold the Regional District of Central Okanagan harmless from any action or cost whatsoever arising out of, or incidental to, the issuance of this permit.  I will take full responsibility to carry out the work or have the work carried out in substantial accordance with the requirements of the building code and all relevant Regional District of Central Okanagan Bylaws.  Neither the issuance of this permit, the plan check, nor inspections made by the Regional District of Central Okanagan shall relieve me from this responsibility.  I recognize that within the Regional District of Central Okanagan, there is a wide variety of soil conditions.  I affirm that it is my responsibility, as owner/agent, to identify the soil conditions on which the intended construction is to be placed and to take all actions necessary to ensure the adequacy of the foundations and soils.  I agree to comply with all provisions of the Regional District of Central Okanagan sewer and water use regulations bylaws.  I have read and understand the contents of this permit. ISSUED Sep-2002

These are actual documents received from RDCO when the Regional District gave out this building permit in 2002

 

From Regional District of Central Okanagan
click "Notice to Permit Holders" to read larger print
Regional District of Central Okanagan - Notice to Permit Holder

 

 

From the Regional District of Central Okanagan, the Plan Checklist also came
attached to the building permit taken out in 2002.

click "Plan Checklist" to read larger print

 

Regional District of Central Okanagan Consolidated Building Bylaw #835 explains what all needs to be inspected and at what stage of building it will be inspected, that's if you can understand this bylaw in its entirety??

RDCO .pdf link - Required Information for New Buildings and Additions

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Were you told by RDCO that you can't build your house before your garage?  Some of us were told this!  If you wish to build your garage before your house in the RDCO, you may want to consider your garage a quote, "temporary building" according to RDCO Consolidated Building Bylaw #835

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This is an actual Regional District of Central Okanagan Building Inspection Permit from 2002

Regional District of Central Okanagan Building Permit taken out in 2002

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Victoria (City) v. Adams, 2008 BCSC 1209
http://www.courts.gov.bc.ca/Jdb-txt/SC/08/12/2008BCSC1209.htm

This below is not the full case, but just snippets from the link above.

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[1] This is a ruling with respect to the admissibility of exhibits attached to the affidavit of Lyle Rumpel. The plaintiff, the City of Victoria (the “City”), seeks to tender those exhibits as legislative facts for the purpose of explaining the socio-economic context of the Parks Regulation Bylaw and the Streets and Traffic Bylaw (the “Bylaws”) at issue in this litigation. It is the City’s contention that the evidence forms part of the rationale of the City in enacting the Bylaws.

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Victoria (City) v. Adams, 2008 BCSC 1363
http://www.courts.gov.bc.ca/Jdb-txt/SC/08/13/2008BCSC1363.htm

This below is not the full case, but just snippets from the link above.

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[1] This litigation arises from what Senior District Judge Atkins in Pottinger v. City of Miami, 810 F. Supp. 1551 at 1554 (S.D. Fla. 1992) described as:

…an inevitable conflict between the need of homeless individuals to perform essential, life-sustaining acts in public and the responsibility of the government to maintain orderly, aesthetically pleasing public parks and streets.

[2] The particular issue in this litigation concerns the prohibition against erecting temporary shelter on public property that is contained in the Parks Regulation Bylaw and the Streets and Traffic Bylaw (the “Bylaws”) of the City of Victoria (the “City”).

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Victoria (City) v. Adams, 2009 BCSC 1043
http://www.courts.gov.bc.ca/jdb-txt/SC/09/10/2009BCSC1043.htm

This below is not the full case, but just snippets from the link above.

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Introduction

[1] This is an application by the defendants for an order for costs of the action. The action concerned the prohibition against erecting temporary shelter on public property that was contained in the Parks Regulation Bylaw and the Streets and Traffic Bylaw (the “Bylaws”) of the City of Victoria (the “City”).

.....................

[18] The Defendants were homeless, and without resources with which to fund the litigation. The evidence establishes that counsel took on the litigation on a pro bono basis, both with respect to fees and disbursements. I think that it is a fair conclusion that but for counsel’s willingness to accept this retainer, the Defendants would not have been able to prosecute their claim. In that regard, I agree with the observations of the majority in Broomer (Litigation Guardian of) v. Ontario (Attorney General) (2004), 3 C.P.L. (6th) 194 (Ont. Sup. Ct.) at para. 20:

In this case, these three conditions have clearly been met. That is, the applicants cannot afford to pay for the litigation, their claim was prima facia meritorious and the issues transcend the individual interests of the particular litigants, are of public importance, and have not been resolved in previous cases. Although this litigation did proceed despite the applicants' impecuniosity, it did so only through the public spirited generosity of their counsel. As noted above, and in the Rogers, supra, and the Canadian Newspapers Co., supra, cases, there is public interest in encouraging experienced counsel to undertake Charter litigation of broad concern on a pro bono basis. This encouragement must take the form of the real possibility of receiving costs in appropriate cases that meet the criteria set out in Okanagan Indian Band, supra.

[19] Counsel for the City raises the possibility of economic hardship to non-Crown unsuccessful Defendants if special costs orders in public interest litigation are expanded to parties beyond the Crown. It submits that the City has limited resources. I think the answer to the first concern is that each case will be considered on its own merits, in the context of its own circumstances. With respect to the second concern, I accept that the City does not have limitless resources; however what must be addressed is the particular litigation and who should bear its costs. In the context of the issues raised in this litigation I am of the view that as between the City and the Defendants’ counsel it is the City who should bear the costs of this litigation.

[20] In all of the circumstances, I am satisfied that the Defendants are entitled to an order that they receive the costs of the litigation as special costs.

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Specifically, oppressive conduct has been interpreted to mean conduct that is burdensome, harsh, wrongful, lacking in probity or fair dealing, or has been done in bad faith. “Unfairly prejudicial” conduct has been interpreted to mean conduct that is unjust and inequitable.

However, counsel argued this appeal on the basis that “significantly unfair” has essentially the same meaning as “oppressive and unfairly prejudicial”.  For the purposes of this appeal the distinction between the definitions makes no difference.

http://www.courts.gov.bc.ca/jdb-txt/SC/09/05/2009BCSC0506.htm

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A New Name

The changes made to the Municipal Act over the past four years have been so sweeping that it has become the Local Government Act. As the name suggests, the new Local Government Act recognizes the important role played by all local governments, including both municipalities and regional districts.

The new name recognizes that a clean break has been made in the legislative strategy applying to the local government system.

http://www.cd.gov.bc.ca/lgd/policy_research/library/lga_guide_municipal.pdf

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to September 16, 2009

Application of Community Charter provisions

695 The following provisions of the Community Charter apply to regional districts:

    section 55 [requirement for professional certification];

    section 56 [requirement for geotechnical report];

    section 57 [note against land title that building regulations contravened];

    section 58 [cancellation of note against land title].

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to December 16, 2009

Part 25 Regional Growth Strategies

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to December 16, 2009

Part 3 — Additional Powers and Limits on Powers

Division 8 — Building Regulation

Building permits and occupancy permits

54 (1) If requested by an applicant, a building inspector must give written reasons for his or her refusal to issue a building permit that is required by a bylaw under section 8 (3) (l) [spheres of authority — buildings and other structures].

(2) If a municipal permit is required before a building or part of a building is occupied, in addition to any conditions established under section 15 [licensing and standards authority], the permit may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under section 8 (3) (l) [spheres of authority — buildings and other structures];

(c) any other health and safety requirements established by bylaw;

(d) any other federal or Provincial enactment in relation to health or safety.

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55 (1) Requirement for professional certification

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56 (1) Requirement for geotechnical report mentions about Covenants

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Note against land title that building regulations contravened

57 (1) A building inspector may recommend to the council that it consider a resolution under subsection (3) if, during the course of carrying out duties, the building inspector

(a) observes a condition, with respect to land or a building or other structure, that the inspector considers

  (i) results from the contravention of, or is in contravention of,

    (A) a municipal bylaw,

    (B) a Provincial building regulation, or

    (C) any other enactment

   that relates to the construction or safety of buildings or other structures, and

  (ii) that, as a result of the condition, a building or other structure is unsafe or is
       unlikely to be usable for its expected purpose during its normal lifetime, or

(b) discovers that

  (i) something was done with respect to a building or other structure, or the
      construction of a building or other structure, that required a permit or an
      inspection under a bylaw, regulation or enactment referred to in
      paragraph (a) (i), and

(ii) the permit was not obtained or the inspection not satisfactorily completed.

(2) A recommendation under subsection (1) must be given in writing to the corporate officer, who must

  (a) give notice to the registered owner of the land to which the recommendation relates, and

  (b) after notice under paragraph (a), place the matter before the council.

(3) After providing the building inspector and the owner an opportunity to be heard, the council may confirm the recommendations of the building inspector and pass a resolution directing the corporate officer to file a notice in the land title office stating that

  (a) a resolution relating to that land has been made under this section, and

  (b) further information about it may be inspected at the municipal hall.

(4) The corporate officer must ensure that all records are available for the purpose of subsection (3) (b).

(5) If the registrar of land titles receives a notice under subsection (3) and payment of the prescribed fee, the registrar must make a note of the filing against the title to the land that is affected by the notice.

(6) The note of a filing of a notice under this section is extinguished when a new title to the land is issued as a result of the deposit of a plan of subdivision or a strata plan.

(7) In the event of any omission, mistake or misfeasance by the registrar or an employee of the registrar in relation to the making of a note of the filing under subsection (5), or a cancellation under section 58, after the notice is received by the land title office,

  (a) the registrar is not liable and neither the Provincial government nor the
       Land Title and Survey Authority of British Columbia is liable vicariously,

    (a.1) the assurance fund or the Land Title and Survey Authority of British
            Columbia as a nominal defendant is not liable under Part 19.1 of the
            Land Title Act, and

  (b) the assurance fund or the minister charged with the administration of the
       Land Title Act as a nominal defendant is not liable under Part 20 of the Land
       Title Act.

(8) Neither the building inspector nor the municipality is liable for damage of any kind for the doing of anything, or the failure to do anything, under this section or section 58 that would have, but for this subsection, constituted a breach of duty to any person.

(9) The authority under this section is in addition to any other action that a building inspector is authorized to take in respect of a matter referred to in subsection (1).

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Cancellation of note against land title

58 (1) On receiving a report from a building inspector that the condition that gave rise to the filing of the notice under section 57 (3) has been rectified, the corporate officer must file a cancellation notice and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

(2) An owner of land with respect to which a notice has been filed under section 57 (3), may apply to the council for a resolution that the note be cancelled.

(3) After hearing an applicant under subsection (2), the council may pass a resolution directing the corporate officer to file a cancellation notice.

(4) If a resolution has been passed under subsection (3), the corporate officer must file a cancellation notice in the land title office and, on receiving the notice, the registrar of land titles must cancel the note against the title to which it relates.

(5) If the council does not pass a resolution under subsection (3), the owner may apply to the Supreme Court and notify the municipality to attend before the court to show cause why the note should not be cancelled.

(6) On an application under subsection (5), after reviewing any evidence that the owner and the municipality may adduce, the court may make an order directing the registrar to cancel the note made under section 57 (5) and, on receiving the order, the registrar of land titles must cancel the note accordingly.

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to November 4, 2009

Part 8 — Special Powers Relating to Property

Division 4 — Other Regional District Powers

Authority to enter on or into property

314.1 (1) Section 16 (1) to (5) [authority to enter on or into property] of the Community Charter applies in relation to an authority under this or another Act for a regional district to enter on property, except that a reference to subsection (6) (a) of that section is to be read as a reference to section 268 [inspections to determine whether bylaws are being followed] of this Act.

(2) Without limiting the matters to which this section applies, a regional district may enter on property for the purpose of taking action authorized under section 269 [regional district action at defaulter's expense].

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to November 4, 2009

Part 6 — Challenge and Enforcement of Bylaws

Division 3 — Enforcement of Regional District Bylaws

Inspections to determine whether bylaws are being followed

268 If a board has authority to regulate, prohibit and impose requirements in relation to a matter, the board may, by bylaw, authorize officers, employees and agents of the regional district to enter, at all reasonable times, on any property to inspect and determine whether all regulations, prohibitions and requirements are being met.

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to December 16, 2009

Part 15 — Specific Regional District Service Powers

Division 3 — Fire Protection

Special fire protection powers

522 (1) Subject to the Fire Services Act and the regulations under it, a board may, by bylaw, do one or more of the following:

(a) authorize the fire chief to

(i) enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire,

(ii) take the measures described in the bylaw to prevent and suppress fires, including the demolition of buildings and other structures to prevent the spreading of fire, and

(iii) exercise some or all of the powers of the fire commissioner under section 25 of the Fire Services Act, and for these purposes that section applies;

(b) require the owners or occupiers of real property to remove from a building or yard anything that, in the opinion of the fire chief, is a fire hazard or increases the danger of fire;

(c) if property is endangered by debris caused by lumbering, land clearing or industrial operation, require the person who is carrying on or who has carried on the operation, or the owner or occupier of the land on which the debris exists, to

(i) dispose of the debris, and

(ii) undertake any other actions for the purpose of removing or reducing the danger

as directed by the bylaw or by the fire chief;

(d) deal with any matter within the scope of the Fire Services Act in a manner not contrary to that Act or the regulations under it.

(2) The authority of the fire chief under a bylaw under subsection (1) may be exercised by a person under the authority of the fire chief or by another person designated in the bylaw.

Division 4 — Health

Health protection authority

523 (1) Subject to the Public Health Act, a board may, by bylaw,

(a) regulate and prohibit for the purposes of maintaining, promoting or preserving public health or maintaining sanitary conditions, and

(b) undertake any other measures it considers necessary for those purposes.

(2) Section 9 [spheres of concurrent authority] of the Community Charter applies to a bylaw under subsection (1).

(3) As a further limit on subsection (1), a board must not fluoridate the water supply unless the bylaw has received the assent of the electors.

---------

Part 3 — Additional Powers and Limits on Powers

Division 10 — Other Spheres

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Community Charter
[SBC 2003] CHAPTER 26
This Act is Current to November 4, 2009

Part 2 — Municipal Purposes and Powers

Division 3 — Ancillary Powers

Authority to enter on or into property

16 (1) This section applies in relation to an authority under this or another Act for a municipality to enter on property.

(2) The authority may be exercised by officers or employees of the municipality or by other persons authorized by the council.

(3) Subject to this section, the authority includes authority to enter on property, and to enter into property, without the consent of the owner or occupier.

(4) Except in the case of an emergency, a person

(a) may only exercise the authority at reasonable times and in a reasonable manner, and

(b) must take reasonable steps to advise the owner or occupier before entering the property.

(5) The authority may only be used to enter into a place that is occupied as a private dwelling if any of the following applies:

(a) the occupier consents;

(b) the municipality has given the occupier at least 24 hours' written notice of the entry and the reasons for it;

(c) the entry is made under the authority of a warrant under this or another Act;

(d) the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons;

(e) the entry is for a purpose referred to in subsection (6) (a) in relation to regulations, prohibitions or requirements applicable to the place that is being entered.

(6) Without limiting the matters to which this section applies, a municipality may enter on property for any of the following purposes:

(a) to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter for which the council, a municipal officer or employee or a person authorized by the council has exercised authority under this or another Act to regulate, prohibit and impose requirements;


(b) to take action authorized under section 17 (1) [municipal action at defaulter's expense];

(c) in relation to section 18 [authority to discontinue providing a service], to disconnect or remove the system or works of the service;

(d) to assess or inspect in relation to the exercise of authority under section 8 (3) (c) [spheres of authority — trees].

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Regional District of Central Okanagan Bylaws

Consolidated Building Bylaw 835

Consolidated Business Licensing Bylaw 689

Consolidated Community Parks Regulation Bylaw 1106

Consolidated Dog Bylaw 366 Schedules

Consolidated Dog Bylaw 366

Consolidated Fire Prevention and Regulations Bylaw 1066

Consolidated Noise Bylaw 403

Consolidated Noxious Insect and Pest Infest Control Bylaw 879

Consolidated Noxious Weeds Bylaw 179

Consolidated Recreation Facilities Regulation Bylaw 1107

Consolidated Regional Parks Regulation Bylaw 1105

Consolidated Sewer Systems Bylaw 1171

Consolidated Smoke Control Bylaw 773

Consolidated Subdivision Bylaw 704

Consolidated Ticket Information Utilization Bylaw 435

Consolidated Water System Bylaw 1108

Solid Waste Management Regulation Bylaw 1253

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to September 16, 2009

Part 21 — Building Regulations

Division 1 — Building Code and Other Building Regulations

Provincial building code and regulations

692 (1) The minister may make regulations as follows:

(a) establishing a Provincial building code for British Columbia governing standards for the construction, alteration, repair or demolition of buildings;

(b) amending, adding to or varying for the purpose of this section the building code established under this section;

(c) adopting by reference, with the changes the minister considers necessary, all or part of any building code or standards for the construction, alteration, repair or demolition of buildings;

(d) regulating building generally for matters not included in the building code;

(e) exempting certain persons, buildings, classes of buildings, materials or areas either generally or for certain periods of time from the building code or regulations, and making other regulations for the persons, buildings, classes of buildings, materials or areas exempted;

(f) providing for the administration of the building code and other regulations under this section.

(2) Subject to the regulations under subsection (2.1), the building code and other regulations under subsection (1) apply to all municipalities and to regional districts or parts of them not inside a municipality, and have the same force and effect as a validly enacted bylaw of the municipality or regional district, as applicable.

(2.1) The minister may, by regulation, provide that all or part of the building code or other regulations under subsection (1) do not apply to a municipality or regional district or a part of a regional district not inside a municipality.

(3) [Repealed 2003-52-303.]

(4) Subject to an agreement described in subsection (5), the building code established under subsection (1) applies to the treaty lands of treaty first nations.

(5) If under the final agreement of a treaty first nation the government is required to negotiate and attempt to reach agreement with the treaty first nation enabling the treaty first nation to establish standards for buildings or structures that are different from or in addition to the standards established by the building code established under subsection (1), the minister, on behalf of the government, may enter into an agreement reached in the negotiation.

(6) The designated official may issue a directive respecting the building code or other regulations under subsection (1) that must be followed by a person to whom the building code or other regulations under subsection (1) apply.

(7) The designated official must make reasonable efforts to notify all persons affected by a directive.

(8) The minister may designate a person in the ministry of the minister as the designated official for the purposes of subsections (6) and (7).

(9) If there is a conflict between the building code or other regulations under subsection (1) and a directive, the building code or other regulations prevail.

Building Code Appeal Board

693 (1) The Building Code Appeal Board is continued consisting of the following members appointed by the minister after a merit based process:

(a) one member designated as the chair;

(b) other members appointed after consultation with the chair.

(2) and (3) [Repealed 2003-47-39.]

(4) A majority of the appeal board is a quorum.

(5) [Repealed 2003-47-39.]

(6) If a dispute arises on the interpretation or application of the codes referred to in section 692, a party to the dispute may refer the question to the appeal board for determination.

(7) The appeal board must determine any question of interpretation or application of the codes referred to in section 692.

(8) The decision of the appeal board is final and binding.

(9) Sections 1 to 8 and 10 of the Administrative Tribunals Act apply to the appeal board.

(10) In subsections (11) and (12), "decision maker" includes a member of the appeal board or other officer who makes a decision in an application or a person who conducts a dispute resolution process in relation to an application.

(11) Subject to subsection (12), no legal proceeding for damages lies or may be commenced or maintained against a decision maker or the appeal board in a matter before the appeal board because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(12) Subsection (11) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

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Local Government Act
[RSBC 1996] CHAPTER 323
This Act is Current to September 16, 2009

Part 21 — Building Regulations

Division 2 — Regional District Building Regulations

Restrictions on authority

693.1 (1) This Division applies only to a regional district that provides a service referred to in section 797.1 (1) (a) [building inspection].

(2) As a further restriction, section 9 [spheres of concurrent authority] of the Community Charter applies in relation to a regional district bylaw under this Part respecting matters referred to in subsection (1) (d) [building regulation] of that section.

Regional district building regulations

694 (0.1) [Repealed 2008-23-12.]

(1) Subject to the Public Health Act, the Drinking Water Protection Act, the Fire Services Act and the regulations under those Acts, a board may, for the purposes described in subsection (1.1), by bylaw, do one or more of the following:

(a) regulate the construction, alteration, repair or demolition of buildings and other structures;

(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;

(c) require contractors, owners or other persons to obtain and hold a valid permit from the board, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and other structures of the kind, description or value described in the bylaw;

(d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the board or the authorized official;

(e) prescribe conditions generally governing the issue and validity of permits, inspection of works, buildings and other structures;

(f) establish areas to be known as fire limits and, for those areas,

(i) regulate the construction of buildings in respect of precautions against fire, and

(ii) discriminate and differentiate between areas in the character of the buildings permitted;

(g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public amusement or resort;

(h) regulate or prohibit the moving of a building from one property to another in the regional district;

(i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw;

(j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw;

(k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw;

(l) require the installation of smoke alarms in existing buildings and other structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the Provincial building regulations;

(m) require the maintenance of smoke alarms installed as required by the Provincial building regulations or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance;

(n) require the maintenance of "rental units" and "residential property", as defined in the Residential Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations;

(n.1) require the maintenance of "manufactured homes", "manufactured home sites" and "manufactured home parks", as defined in the Manufactured Home Park Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations.

(1.1) A board may exercise the powers conferred by subsection (1) for the following purposes:

(a) the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;

(b) the conservation of energy or water;

(c) the reduction of greenhouse gas emissions;

(d) the health, safety or protection of persons or property.

(2) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit required under this section.

(3) An occupancy permit required under subsection (1) (d) may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under this section;

(c) any other health and safety requirements established by bylaw;

(d) any other federal or Provincial enactment in relation to health or safety.

Regulating doors and emergency exits

696 (1) Subject to the Fire Services Act and the regulations under that Act, a board may, by bylaw, compel the provision of and regulate the location, number, style and size of doors and emergency exits in churches, theatres, halls or other places of public resort or amusement, and the posting in them of notices of the emergency exits.

(2) A bylaw under subsection (1) must provide that

(a) all doors in churches, theatres, halls and other places of public resort or amusement must be hinged so that they may open freely outwards, and

(b) all gates or outer fences if not hinged as referred to in paragraph (a), must be kept open by proper fastenings during the time the buildings are publicly used to facilitate the exit of people in case of alarm from fire or other cause.

(3) Congregations having corporate powers, trustees holding churches or buildings used for churches, and incumbents and church wardens holding or using churches or buildings used for churches, are severally liable for the acts and omissions of any society or congregation on the matters referred to in subsections (1) and (2).

(4) A person owning or possessing a church, theatre, hall, school or other building used for public meetings, or as a place of public resort or amusement, who contravenes this section or a bylaw adopted under it is liable on conviction to a penalty not greater than $50.

(5) A convicted person is liable on conviction to a further penalty of $5 for every further week during which the violation continues.

(6) A penalty under subsection (4) or (5) is a charge on the real property of the person convicted, and may be imposed, collected and recovered in the manner provided for taxes.

Municipality may adopt national codes

697 (1) To the extent not inconsistent with this Act, either in place of or supplementary to regulations made under this Division, a board may, by bylaw, adopt one or more of the following as regulations:

(a) subject to the Electrical Energy Inspection Act, all or part of the Canadian Electrical Code;

(b) subject to the Gas Safety Act, all or part of the standards of the Canadian Gas Association;

(c) subject to the Fire Services Act, all or part of the National Fire Code of Canada.

(2) A code, standard or part referred to in subsection (1) may be adopted by reference to a particular date of issue or a specified issue of the code or standard.

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ULTRA VIRES

The municipality cannot exercise any authority that is not delegated to it by the provincial government (see Fact Sheet #1).

Otherwise the municipality is acting beyond its powers (ultra vires) and the proposed
action of the municipality is invalid. Therefore, if the municipality purports to do something by bylaw or resolution that it is not authorized to do, the bylaw or resolution is void from the very beginning and is of no force and effect and the courts will strike down a bylaw that is so enacted.

The Community Charter, section 114, gives council the necessary power to do anything incidental or conducive to exercising or performing its powers, duties and functions. The power must still be authorized, expressly or by necessary implication, by statute. For example, the power to issue stop work orders is not expressly stated in section 53 (General authority in relation to buildings and other structures) of the Community Charter but is considered incidental to exercising section 53 regulatory powers.

http://www.bestlibrary.org/ss10/files/bylaws.pdf

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BAD FAITH

Bad faith can involve dishonesty, unfair discrimination, malice, and corruption; or sinister, spiteful or otherwise improper motives, such as targeting individuals or an unpopular group with a restriction (or benefit) rather than acting in the interest of the residents generally. More subtle examples of bad faith would be attempting to circumvent a restriction on power or to do something indirectly that is not authorized directly; or otherwise acting beyond the powers or purposes set out in legislation.
Failure to observe the rules of procedural fairness may also give rise to allegations of bad faith.  It is up to the person alleging bad faith to prove it. This task is easier
where procedural fairness rules are violated and the common law rights of individuals are at stake.

http://www.bestlibrary.org/ss10/files/bylaws.pdf

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Regional District of Central Okanagan

Officers and Employees Amendment Bylaw No. 1228, 2008 - Amends Bylaw No. 900, 2000

Officers and Employees Amendment Bylaw No. 995, 2002 - Amends Bylaw No. 900, 2000

Officers And Employees Bylaw No. 900, 2000 - Repeals Bylaw No. 103-107, 114, 160, 172, 175, 281 - Amended By Bylaw Nos. 995 & 1228

SCHEDULE "D"

Powers, Duties and Functions of the Director of Development Services
The Director of Development Services shall:
General Administration:

[a] supervise the operations of Development Services (formerly Planning Services and Inspection Services) of the Regional District;

[b] has responsibility for ensuring all development, zoning and OCP applications are received and processed in accordance with Regional Board policies and bylaws;

[c] has responsibility for, and administers the day to day operations, of building inspection, plumbing inspection, dog control, weed control and other bylaw enforcement and all services which formerly constituted Inspection Services;

The "Director of Development Services" would be the Chief Building Inspector's boss

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.pdf icon Historical Review of the Regional District of Central Okanagan

Regional and Community Planning Letters Patent issued in 1969
Under the authority of Supplementary Letters Patent dated March 19, 1969 the Regional District was granted the function of regional and community planning. It is noted that Community Planning Area #1 and part of Community Planning Area #2 established under the Local Services Act were within the boundaries of the Regional District and that certain regulations applied to those areas. These areas encompassed the Lakeview Heights area, South Pandosy and Rutland community north to Pino Road, all of which were outside the boundary of the City of Kelowna. In October of 1969, the provincial government passed an order in council (could be OIC 3409?) to apply the regulations which were in force and effect in those areas as if they were bylaws adopted by the Regional Board. These regulations related to land use within those areas. (page 20 or 23)

  • Initial regulations pertaining to the management of land use and subdivision established for Community Planning Area No. 1 under Supplementary Letters Patent, approved by the Provincial Government on October 27, 1969. (page 25)

  • Division (3) of Community Planning Area No.1 Regulations pertaining to subdivision repealed March 17, 1971 and replaced by Subdivision Regulations 262/70 of the Local Services Act. (page 25)

Local Services Act 183/59
Local Services Act 495/59
Local Services Act 262/70

.pdf icon Building Inspection (page 30 .pdf)
With the issuance of letters patent by the provincial government to enact and establish building regulations throughout the electoral areas, which were previously carried out under provincial jurisdiction, provincial building inspectors, Edward Ashton and Allan Cushing, transferred and became Regional District employees. In April 1971, the Regional Board enacted and established building regulations pursuant to its authority granted by the Province. Subject to several amendments so as to make it more applicable to the Central Okanagan and to improve standards, the regulation adopted by the Regional District encompassed most of the National Building Code of Canada and supplements thereto and set building permit fees.

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.pdf icon November 12, 2009 Regional District of Central Okanagan Governance and Services Committee Agenda

Agenda No: 4.4

Governance & Services Committee Report

TO: Governance &Services Committee
FROM: Rhoda Mueller, Chief Bylaw Enforcement Officer
DATE: October 22,2009
SUBJECT: Bylaw Dispute Adjudication Program

RECOMMENDATION:
That the Regional District of Central Okanagan not participate in the Okanagan Valley Bylaw Dispute Adjudication Program.

BACKGROUND:
On September 10, 2009 at the Regional District of Central Okanagan Special Board Meeting, a resolution was adopted for staff to investigate the Bylaw Dispute Adjudication System including costs and an analysis of whether it would be feasible for
the Regional District to be involved and to report back to the Regional Board.

In 2003, the Province of British Columbia enacted the Local Government Bylaw Notice Enforcement Act. From this legislation, a process known as the Bylaw Notice Dispute Adjudication System was developed. A Screening Officer administers resolutions to
disputes and where a resolution can not be reached, a provincially appointed Adjudicator is called in.

The Bylaw Adjudication Program is intended for enforcement of minor bylaw matters, particularly traffic and parking. The Regional District of Central Okanagan does not have a traffic bylaw as it does not govern the roadways within its boundaries.

Dog Control violation tickets can be submitted to an outside collection agency whereas parking violation tickets can not.

The Okanagan Valley Bylaw Adjudication Program is a partnership where administrative costs are distributed by % population. The Regional District of Central Okanagan portion of $3,600.00 is based on the Chilliwack model for an annual budget of
$50,000.00 for all participants. There will also be additional costs such as staff time, data entry and record keeping. Fees for Screening and Adjudication Officers are not included.

The Regional District of Central Okanagan currently participates in the Kelowna Provincial Court system for disputed tickets. There are no costs to the Regional District for this system. It is a process where evidence is taken under oath and recorded, and allows for cross examination. All essential elements must be proven beyond a reasonable doubt. Fines can not be altered. Dog infraction ticket disputes are often complex by nature of the complaint, witnesses involved and defence argument.

The volume of tickets written by Regional District Bylaw Enforcement Officers are for Dog Control contraventions. Tickets are not issued in the weed program, work is carried out by the Regional District of Central Okanagan, and costs are added to taxes.

The attached schedule shows a one year measurement in the Dog Control function for tickets issued and dispute results. Estimated costs of $400 for each dispute through the screening process and Adjudication Hearing could reach $24,400 annually. However, any changes or costs to our current system will trigger a review of the Adjudication System.

Respectfully submitted,

Rhoda Mueller
Chief Bylaw Enforcement Officer

Dan Plamondon, Manager Development & Environmental Services

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.pdf icon August 13, 2009 Highlights of the Special Regional Board Meeting

Wood Burning and the BC Building Code

The Regional Board supports a recommendation from the Okanagan Similkameen Airshed Coalition to request the Provincial Government update the BC Building Code. The Coalition says the Building Code does not include the BC Solid Fuel Burning Domestic Appliance Regulation that has been in place since 1994 in the Province. The regulation only allows the
sale of wood burning appliances that meet Canadian Standards Association or U-S Environmental Protection Association emission requirements. As a result, the coalition says there is nothing in the BC Building Code that prevents uncertified wood burning appliances from being installed in new or renovated buildings, unless a local government has created a more stringent bylaw.

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.pdf icon August 13, 2009 Regional District of Central Okanagan Special Board Meeting Minutes

3.2 City of Burnaby re: Liabilities resulting from building construction regulation joint and several liability of municipalities under the Local Government Act)

The City of Burnaby is requesting support for the position recommendations arising from the Barrett Commission which included specific recommendations to address the inequity of the application of joint and several liability to municipalities. The Commission found the discrepancy in treatment of municipal liability between the Local Government Act and the Vancouver Charter to be unacceptable. The Commission's recommendations specifically support the position by both the UBCM and member municipalities in requesting the Provincial Government remove the joint and several liability of municipalities under the Local Government Act and provide the same protection to all municipalities that is afforded to the City of Vancouver under the Vancouver Charter.

SHEPHERD/OPHUS
THAT the June 4, 2009 letter from the City of Burnaby regarding liabilities resulting from building construction regulation joint and several liability of municipalities under the Local Government Act be received;

AND FURTHER THAT staff request that the report being drafted from City of Kelowna be shared with the region and member municipalities for their information.

CARRIED

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.pdf icon Officers and Employees Amendment Bylaw No. 1228, 2008 - Amends Bylaw No. 900

Regional District of Central Okanagan Bylaw No. 1228 Powers, Duties and Functions of the Director of Development Services

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New rules effective May 2005 for installing a septic system.  It use to be that you would purchase your septic system permit from the Heath Dept in Kelowna.  Now you need to hire an "Approved Person".  Below it explains about AP's.

.pdf icon October 8, 2009 Governance & Services Committee Meeting Minutes - below is just a snippett, click link to read entire content

Now, instead of obtaining a permit, an "Approved Person" (AP) files a "Record of Sewerage System", including the plans, and after he or she has installed the system, files a "Letter of Certification" along with a maintenance plan to finalize the system.

The submission of a "Letter of Certification" is required within one year of the original "Record of Sewerage System" filing date. Under the old regulation, a homeowner could install a system, now they must use an AP. An AP can either be an engineer who has experience and/or training in soils and sewerage systems, or a "Registered Onsite Wastewater Practitioner" (ROWP). The homeowner is responsible to follow the maintenance plan for the septic system so that it does not pose a health hazard."

  • Oversight issues are the main issue - 'Health' no longer has any regulatory power to deal with these issues. Health is only involved when a problem arises and when it's reported.

  • Qualified professionals do not have to report any issue to Health if a failure of the system occurs.

  • There is a professional association of qualified installers -- The Association
    of Professional Engineers and Geoscientists of B.C.

  • In 2005 the government put effort into creating the organization and training
    at the beginning of the process. Installers must be trained and certified.

  • Issues vary across other provinces--some provinces have never had
    legislation to have Health involved.

  • The financial resources required for 'Health' to get back into oversight of
    septic systems would be large. IHA staff have been redirected to other
    positions.

  • Some sort of oversight may be worthwhile: ie: inspect new installs, are
    applications worthy/sustainable.

Wayne Watson Excavating is as an "Approved Person" whom is certified to design and install septic systems.

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.pdf icon September 10, 2009 Governance & Services Committee Meeting Minutes

**this is just a snippett, click link above for entire content

Is there a need for a building permit for the suspension bridge? No, but staff are continuing to investigate this issue.

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June 11, 2009 Regional District of Central Okanagan Governance & Services Committee Meeting Minutes

The developer is moving a lot of earth and the director questioned whether they are allowed to do this. Staff noted that there is no OCP in the area (the Board deferred plans for an OCP in the 2009 budget) and therefore the regional district cannot prevent an owner from doing work on their land. The Ministry of Environment has been contacted and will be reviewing the site to determine riparian regulations.

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City claims rigorous grow-op inspections
Kelowna.com - Friday, January 8th, 2010

Contributed

A CBC investigation into damage to homes caused by grow-ops raises concerns about the ability of home inspectors and municipal building inspectors to recognize and effectively deal with the health hazard they pose.

Grow Op Cover Up, airing Friday on CBC TV’s Marketplace program, sees reporter Erica Johnson and celebrity builder Mike Holmes investigate ways in which house sellers hide mould and other contaminants that result from marijuana production operations.

“Raising awareness about this problem on national television gives us an opportunity to let the community know how seriously the City of Kelowna takes this issue and how we address it,” says Ron Dickinson, Development Services Director.

No complaints have been registered against the City since it instituted a special inspection program three years ago for buildings police have shut down for containing a grow-op.

The municipal bylaw regarding occupancy of known grow-op buildings requires specialized inspections by an environmental scientist and City inspectors. The homeowner is required to hire the scientist to test the home’s environment for contaminants, whether it’s mould or chemical residue from plant production or meth labs.

“The scientist then explains to the homeowner what steps are required to rid the home of these contaminants and the City also receives a report on the requirements,” says Dickinson.

The building remains closed to occupants until the homeowner has the remediation work completed and the environmental scientist returns to certify the work meets the same health standards as any other building in Kelowna.

After that step, the City sends in building and plumbing inspectors to ensure the building’s infrastructure was not altered to accommodate the illegal activity. It also works with the B.C. Safety Authority to ensure electrical systems are in a safe operating condition. If the inspections determine more work is required to bring these systems up to building codes, the homeowner must obtain the appropriate permits from the City.

“This enables us to further follow up to ensure the needed repairs are made before anyone can occupy the building,” says Dickinson. “A final inspection is the last step before the home is certified as safe to live in.

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Regional District of Central Okanagan Policy and Procedures Manual

Inspections Services

Inactive building permits / stop work orders with a bylaw contravention notice

Dated July 9, 2009

We received this through the Freedom of Information Act February 14, 2010

Regional District of Central Okanagan - RDCO - Policy and Procedure Manual - Inactive Building Permits - Stop Work Order - Bylaw Contravention Notice

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More info about building violations

List of Westside Road BC building violations.

Letter to RDCO re: Building Violation

Building Inspection Minutes plus

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RDCO Bylaw #96 Neighborhood Licensed Public House for Commercial and LUC zones.

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To be updated by email on the latest news regarding this subject and other subjects, please send your email address to

We will let you know when there are updates, so stay informed!

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If you have comments good or bad, solutions, concerns or complaints regarding these bylaws, please fill out the form below, or contact RDCO Board of Directors

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About Building Violations
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[ Building Inspections ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] Easement Roads ] Fintry Development ] Harassement ] History ] Homelessness ] Minutes ] NW OCP ] RDCO Policy ] RDCO Regs ] Violation Dispute ] WR Development ]

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About Building Violations
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[ Building Inspection ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] Easement Road ] Fintry Development ] Harassment ] History ] Homelessness ] Minutes ] NW OCP ] RDCO Policy ] RDCO Regs ] Violation Dispute ] WR Development ]

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Letters from Chief Building Inspector

Entire Story ] Jan 27 2004 ] Jan 18 2005 ] Sep 22 2005 ] Dec 16 2005 ] Mar 14 2006 ] May 29 2007 ] Aug 7 2007 ] Jun 11 2008 ] Feb 10 2009 ] Jul 24 2009 ] Sept 1 2009 ] Oct 9 2009 ] Nov 6 2009 ] Jan 22 2010 ] Feb 5 2010 pg 1 ] Feb 5 2010 pg 2 ] Feb 11 2010 ] Mar 22 2010 Meeting ] RDCO Policy ]

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Letters to Chief Building Inspector

Aug 24 2009 ] Sept 10 2009 ] Sept 22 2009 ] Oct 25 2009 ] Nov 12 2009 ] Feb 3 2010 ] Questions ]

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Westside Road Gossip
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INDEX WR ] INDEX ALL ] Advis. Plan Comm ] Alt Approval ] Ambulance ] Argo Road Maint. ] BC Hydro ] Budget 2010 ] Budget 2011 ] Budget 2012 ] Budget 2013 ] Budget 2014 ] Budget 2015 ] [ Building Inspect ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] Bylaw Anon ] COW Elect. 08 ] COW Elect. 11 ] Director Edgson ] Dogs ] Easement Rds ] EDC ] Elect. Boundary ] Environ. Advisory ] ESS ] Finances ] Fintry Develop ] Fintry Park ] Fire Anon ] Fire Boat ] Fire Bylaws ] Fire Dept. ] Fire Dept FOI ] Fire Hydrants ] Fire Minutes ] Fires  House ] FOI Act ] Friends Fintry ] Garbage ] Garbage Area ] Garbage Bylaws ] Garbage Com 08 ] Garbage Contracts ] Garbage Finance ] Garbage FOI ] Garbage FOI ] Garbage LaCasa ] Garbage Locker ] Garbage Minutes ] Garbage NOWESI ] Garbage Ombudsman ] Garbage Prob ] Garbage Secret ] Garbage Solution ] Garbage Survey ] Garbage Traders ] Governance Wide ] Government ] Grants-in-aid ] Helicopters ] History ] Killiney Beach Park ] Killiney Hall ] LaCasa ] Motorized Rec. ] NWCA ] NWCA FOI ] NW OCP ] NW Parks ] OKIB ] OKIB Logging ] OKIB Road ] OKIB Tax ] Peacocks ] Police Tax ] Property Tax ] RDCO ] RDCO Dog Minutes ] RDCO Jokes ] RDCO Policy ] RDCO Regs ] Report Animals ] Residents Network ] Septic Systems ] Subdiv. History ] T. Mnt After Fire ] Terrace Mount. Fire ] Trench Burner ] Vote Boxes ] Water Budget 08 ] Water Budget 09 ] Water Budget 10 ] Water Bylaws ] Water Construct ] Water FOI ] Water Grants ] Water Judgement ] Water L Fintry ] Water Laws ] Water Meters ] Water Minutes ] Water Rates ] Water Right-of-Way ] Water Survey ] Water System ] Water Systems ] Water VOS ] Water VOS Pics ] Water Wells ] Water Well Data ] Westshore Playgrnd ] Westshore Sports ] Westside Rd. ] WR Development ] WR Incorporation ] WR Overpass ] WRIC ] Zoning Bylaw 66 ] Zoning Bylaw 81 ] Zoning Bylaw 871 ]

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Westside Road Gossip
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Adv. Plan Comm. ] Alt. Approval ] Ambulance ] Argo Road ] BC Hydro ] Budget 2010 ] Budget 2011 ] Budget 2012 ] Budget 2013 ] Budget 2014 ] Budget 2015 ] Building Inspection ] Build Laws - BC ] Build Laws - RDCO ] Building Violations ] COW Elect 08 ] COW Elect. 11 ] Director Edgson ] Dogs ] Easement Roads ] EDC ] Elect. Boundary ] Environ. Advisory ] ESS ] Finance ] Fintry Develop ] Fintry Park ] Fire Boat ] Fire Bylaws ] Fire Dept. ] Fire Dept FOI ] Fire Hydrants ] Fire Minutes ] Fires House ] FOI Act ] Friends Fintry ] Garbage ] Garbage Area ] Garbage Bylaws ] Garb Comment 08 ] Garbage Contract ] Garbage Finance ] Garbage FOI ] Garbage FOI ] Garbage La Casa ] Garbage Locker ] Garbage Minutes ] Garbage NOWESI ] Garbage Ombudsman ] Garbage Questionaire ] Garbage Secret ] Garbage Solution ] Garbage Survey ] Garbage Traders ] Governance Wide ] Government ] Helicopters ] History ] Killiney Hall ] Killiney Park ] La Casa ] Motorized Rec. ] NW OCP ] NWCA ] NWCA FOI ] NW Parks ] OKIB ] OKIB Logging ] OKIB Road ] OKIB Tax ] Peacocks ] Police Tax ] Property Tax ] RDCO ] RDCO Dog Minutes ] RDCO Jokes ] RDCO Policy ] RDCO Regs ] Report Animals ] Septic Systems ] Subdiv. History ] T. Mtn After Fire ] Terrace Mnt. Fire ] Trench Burner ] Vote Box ] Water Budget 08 ] Water Budget 09 ] Water Budget 10 ] Water Bylaws ] Water Construct ] Water FOI ] Water Grants ] Water Judgements ] Water Laws ] Water Meters ] Water Minutes ] Water Rates ] Water Right-of-Way ] Water Survey ] Water System ] Water VOS ] Water VOS Pics ] Water Well Data ] Water Wells ] Westside Road ] WR Development ] WR Incorporation ] WR Overpass ] WRIC ] Zoning Bylaw 66 ] Zoning Bylaw 1981 ] Zoning Bylaw 871 ]

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Gossip
In Other Towns

INDEX ALL ] Boucherie Rd ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Penticton ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

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Index

Boucherie Road ] Kaleden ] Kelowna ] Naramata ] Oyama ] Peachland ] Pentiction ] Summerland ] Vernon ] West Kelowna ] Westside Road ] Winfield ]

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You will find local North Westside Road BC businesses, services, free classifieds, local arts and crafts, vacation waterfront rentals, plus much more located near and around Okanagan Lake BC.  We will be adding to this site, so come back and check it often.

KEYWORDS: bylaw contravention notice, notice on title, occupancy permit, stop work order, regional district, central okanagan, municipal bylaw, building permit, how to, fight, win, dispute, building, bylaw

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