Gabriola Bylaw Enforcement Notification Bylaw No. 263

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GABRIOLA ISLAND BYLAW ENFORCEMENT NOTIFICATION BYLAW No. 263

As amended by the Gabriola Island Local Trust Committee

Consolidated Version: February 23, 2026 This Bylaw is consolidated for convenience only and is not to be construed as a legal document.

For reference to original bylaw and amendments, please contact: Islands Trust - Northern Office, 700 North Road Gabriola Island, BC V0R 1X3 (250) 247-2063

Preserving Island communities, culture and environment

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CONSOLIDATED BYLAW AMENDMENTS This copy is consolidated for convenience only and includes the following text amendments only:

Bylaw Number Amendment Number Adoption Date Bylaw No. 298 Amendment No. 1, 2018 September 27, 2018 Bylaw No. 320 Amendment No. 1, 2024 October 9, 2025

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GABRIOLA ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 263

A BYLAW TO RESPECT THE ENFORCEMENT OF BYLAW NOTICES WITHIN THE GABRIOLA ISLAND LOCAL TRUST AREA

WHEREAS the Gabriola Island Local Trust Committee is the Local Trust Committee having jurisdiction on and in respect of the Gabriola Island Local Trust Area, pursuant to the Islands Trust Act; and

WHEREAS the Gabriola Island Local Trust Committee wishes to regulate the Enforcement of Bylaw Notices in the Gabriola Island Local Trust Area;

NOW THEREFORE the Gabriola Island Local Trust Committee enacts, in open meeting assembled, as follows:

Citation

1. This Bylaw may be cited as “Gabriola Island Local Trust Committee Bylaw Enforcement Notification Bylaw, No. 263, 2011”.

BL298 1.0 INTERPRETATION Sept 2018 In this Bylaw:

1.1 “Act” means the Local Government Bylaw Notice Enforcement Act, SBC 2003, c 60. 1.2 “Registry” means the Islands Trust established pursuant to section 6 of this bylaw. 1.3 “LTC” means the Gabriola Island Local Trust Committee.

2.0 DEFINITIONS

The terms in this bylaw have the same meaning as the terms defined in the Act.

3.0 BYLAW CONTRAVENTIONS

The bylaws and bylaw contraventions designated in Schedules “A”, “B” and “C” attached to this bylaw may be dealt with by Bylaw Violation Notice.

4.0 PENALTY

The penalty for a contravention referred to in Section 3 is as follows:

(1) subject to paragraphs (2) to (4), is the Penalty amount set out in column A1 of Schedules “A”, “B” and “C” as attached to this bylaw; (2) if received by the Islands Trust within 14 days of the person receiving or being presumed to have received the bylaw violation notice, is the Early Payment Penalty set out in column A2 of Schedules “A”, “B” and “C” as attached to this bylaw applies; (3) if more than 28 days after the person has received or is presumed to have received the bylaw violation notice, is subject to a late payment surcharge in addition to the penalty under paragraph (1) , and is the Late Payment Surcharge set out in column A3 of Schedules “A”, “B” and “C” as attached to this bylaw or (4) if paid under a compliance agreement, may be reduced as provided under column A5 of Schedules “A”, “B” and “C” as attached to this bylaw.

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5.0 PERIOD FOR PAYING OR DISPUTING NOTICE

5.1 A person who receives a bylaw violation notice must, within 14 days of the date on which the person received or is presumed to have received the bylaw violation notice,

(1) pay the penalty, or (2) request dispute adjudication

by filling in the appropriate portion of the bylaw violation notice indicating either a payment or a dispute and delivering it, either in person during regular office hours, or by mail, to the Islands Trust as directed on the bylaw violation notice.

5.2 A person may pay the indicated penalty after 14 days of receiving the notice subject to the applicable surcharge for late payment in accordance with Section 4(3) of this bylaw, but no person may dispute the bylaw violation notice after 14 days of receiving it.

5.3 Where a person was not served personally with a bylaw violation notice and advises the Islands Trust that they did not receive a copy of the original notice, the time limits for responding to a bylaw violation notice under Sections 5, 6 and 7 of this bylaw do not begin to run until a copy of the bylaw violation notice is re-delivered to them in accordance with the Act. BL298 Sept 6.0 BYLAW NOTICE DISPUTE ADJUDICATION SYSTEM 2018 6.1 The Registry is established as a bylaw violation notice dispute adjudication system in accordance with the Act to resolve disputes in relation to bylaw violation notices.

6.2 The civic address of the Registry is Suite 200 – 1627 Fort Street, Victoria, BC V8R 1H8.

6.3 Every person who is unsuccessful in dispute adjudication in relation to a bylaw violation notice, or a compliance agreement under the dispute adjudication system established under this Section, must pay the Islands Trust an additional fee of $25.00 for the purpose of the Islands Trust recovering the costs of the adjudication system. BL298 Sept 2018 7.0 SCREENING OFFICERS

7.1 The position of screening officer is established.

7.2 The following are designated classes of person that may be appointed as screening officers:

(1) Regional Planning Manager; (2) Bylaw Enforcement Manager; (3) Bylaw Enforcement Officer; (4) Bylaw Enforcement Assistant;

and the LTC may appoint screening officers from these classes of persons by name of office or otherwise.

7.3 The powers, duties and functions of screening officers are as set out in the Act, and include the following powers:

(1) Where requested by the person against whom a contravention is alleged, to communicate information respecting the nature of the contravention, the provision of the bylaw contravened, the facts on which the contravention allegation is based, the penalty for a contravention, the opportunity to enter into a compliance agreement, the opportunity to proceed to the bylaw violation notice dispute adjudication system and the fee or fees payable in relation to the bylaw violation notice enforcement process; (2) To communicate with any or all of the following for the purposes of performing their functions under this bylaw or the Act:

(a) the person against whom a contravention is alleged or their representative; (b) the officer issuing the bylaw violation notice;

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(c) the complainant or their representative; (d) the Islands Trust staff and record regarding the disputant’s history of bylaw compliance.

(3) To prepare and enter into compliance agreements under the Act with persons who dispute bylaw violation notices, including to establish terms and conditions for compliance that the screening officer considers necessary or advisable, including time periods for payment of penalties and compliance with the bylaw; (4) To provide for payment of a reduced penalty if a compliance agreement is entered into as provided in column A5 of Schedules “A”, “B” and “C” as attached to this bylaw; and (5) To cancel bylaw violation notices in accordance with the Act or LTC policies and guidelines.

7.4 The bylaw contraventions in relation to which a screening officer may enter into a compliance agreement are indicated in column A4 of Schedules “A”, “B” and “C” as attached to this bylaw.

7.5 The maximum duration of a compliance agreement is one year.

BL298 8.0 BYLAW ENFORCEMENT OFFICERS Sept 2018 Persons acting as any of the following are designated as bylaw enforcement officers for the purposes of this bylaw and the Act:

(a) Bylaw Enforcement Manager; (b) Bylaw Enforcement Officer.

9.0 FORM OF BYLAW VIOLATION NOTICE

The LTC may, from time to time, stipulate the form or forms of the bylaw violation notice provided the bylaw violation notice complies with Section 4 of the Act.

10.0 SCHEDULES

The following schedules are attached to and form part of this bylaw:

BL298 (a) Schedule A – Gabriola Island Land Use Bylaw No. 177, 1999 Contraventions and Penalties Sept 2018 (b) Schedule B – Mudge Island Land Use Bylaw No. 228, 2007 Contraventions and Penalties (c) Schedule C – DeCourcy Island Zoning Bylaw No. 44, 1987 Contraventions and Penalties

READ A FIRST TIME THIS 20th DAY OF October ,2011

READ A SECOND TIME THIS 14th DAY OF February ,2012

READ A THIRD TIME THIS 14th DAY OF February ,2012

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 21st DAY OF February ,2012

ADOPTED THIS 19th DAY OF April ,2012

_______________________________ _____________________________________ SECRETARY CHAIR

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Schedule A GABRIOLA ISLAND LAND USE BYLAW NO. 177, 1999 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 A4 A5 Section The following fines apply to the Penalty Discounted Late Compliance Compliance contraventions below: Amount Penalty Payment Agreement Agreement (within 14 ($300 Available Discount days) surcharge after 28 days) A.3.2.1 Fail to Permit Inspection $500 $400 $800 Yes 100%

B.1.2.1 – Prohibited Use, Building or $500 $400 $800 Yes 100% B.1.2.3 Structure

B.2.1 Fail to Comply with Special Setback $500 $400 $800 Yes 100% and Elevation Provisions

B.2.3 Fail to Comply with Height $500 $400 $800 Yes 100% Regulations

B.2.4 Fail to Comply with Fence $350 $250 $650 Yes 100% Regulations

B.2.7 Inadequate Landscape Screen $300 $200 $600 Yes 100%

B.2.9 Over Height Structure $350 $250 $650 Yes 100%

B.2.10 Fail to Provide Landscape Screen $350 $250 $650 Yes 100%

B.3.1 No Permanent Resident for Home $350 $250 $650 Yes 100% Occupation

B.3.2 Prohibited Home Occupation $500 $400 $800 Yes 100%

B.3.3 Fail to Comply with Home $350 $250 $650 Yes 100% Occupation Provisions

B.3.4 Fail to Comply with Home Industry $500 $400 $800 Yes 100% Provisions

B.3.5 Exceed Maximum Number of $350 $250 $650 Yes 100% Employees

B.3.6 Fail to Comply with Bed & $350 $250 $650 Yes 100% Breakfast Regulations

B.4.1 – B.4.8 Fail to Comply with Sign $350 $250 $650 Yes 100% Regulations

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Schedule A GABRIOLA ISLAND LAND USE BYLAW NO. 177, 1999 CONTRAVENTIONS AND PENALTIES Bylaw Description A1 A2 A3 A4 A5 Section The following fines apply to the Penalty Discounted Late Compliance Compliance contraventions below: Amount Penalty Payment Agreement Agreement (within 14 ($300 Available Discount days) surcharge after 28 days) B.4.8.1 Prohibited Illuminated Sign $500 $400 $800 Yes 100%

B.5 Fail to Comply with Parking $300 $200 $600 Yes 100% Regulations

B.6.1 Exceed Maximum number of $300 $200 $600 Yes 100% Boarders

B.6.2 Fail to Comply with Limited Public $300 $200 $600 Yes 100% Market Regulations

B.6.3 Prohibited Commercial Vacation $500 $400 $800 Yes 100% Rental

B.6.4.1 Fail to Comply with Regulations for $350 $250 $650 Yes 100% Travel Trailers, Recreational Vehicles & Accessory Buildings

B.6.5 Prohibited Storage of Unlicensed $400 $300 $700 Yes 100% Vehicle

B.6.6 Fail to Comply with Secondary $350 $250 $650 Yes 100% Suite Regulations

D.1 – D.5 Non-Permitted Use in Any Zone $500 $400 $800 Yes 100%

D.1 – D.5 Non-Permitted Building, Density, or $500 $400 $800 Yes 100% Structure in Any Zone

D.1 – D.5 Non-Permitted Siting, Height, or $350 $250 $650 Yes 100% Lot Coverage in Any Zone

F.1 – F.11 Fail to Obtain Development Permit $500 $400 $800 Yes 100% in Any Development Permit Area

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Schedule B MUDGE ISLAND LAND USE BYLAW NO. 228, 2007 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 Late A4 A5 Section The following fines apply to the Penalty Discounted Payment Compliance Compliance contraventions below: Amount Penalty ($300 Agreement Agreement (within 14 surcharge Available Discount days) after 28 days) 3.2. Prohibited Use $500 $400 $800 Yes 100%

3.3 Fail to Comply with Siting and Setback $350 $250 $650 Yes 100% Regulations

3.4 Fail to Comply with Height Regulations $300 $200 $600 Yes 100%

3.5.(1) Use of Accessory Building or Structure $300 $200 $600 Yes 100% for Overnight Accommodation

3.5.(3) Non-Permitted Residential Use of a $500 $400 $800 Yes 100% Vessel, Building, or Structure on the Water

3.6 Fail to Comply with Home Occupation $350 $250 $650 Yes 100% Regulations

3.7 Inadequate Landscape Screen $300 $200 $600 Yes 100%

3.8 Non-Permitted Use of Recreational $350 $250 $650 Yes 100% Vehicle, Tent, or Camper

3.9. (1) Wrecking/Storage of Vehicles/Vessels or $500 $400 $800 Yes 100% Use of Parcel as Junkyard

3.9. (2) Inadequate Screening of Unlicensed $300 $200 $600 Yes 100% Vehicles/Vessels Undergoing Repair or Exceed Maximum Number Vehicles/Vessels

5.1 – 5.4 Non-Permitted Use in Any Zone $500 $400 $800 Yes 100%

5.1 – 5.4 Non-Permitted Building/Structure in Any $400 $300 $700 Yes 100% Zone

5.1 – 5.4 Non-Permitted Lot Coverage, Floor Area, $300 $200 $600 Yes 100% Siting or Size in Any Zone

5.4 Fail to Comply with Water Marina Zoning $350 $250 $650 Yes 100% Regulations

6.1.1 Fail to Comply with Sign Regulations $300 $200 $600 Yes 100%

7.1.1 Fail to Comply with Parking Regulations $250 $150 $550 Yes 100%

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Schedule C DECOURCY ISLAND ZONING BYLAW NO. 44, 1987 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 Late A4 A5 Section The following fines apply to the Penalty Discounted Payment Compliance Compliance contraventions below: Amount Penalty ($300 Agreement Agreement (within 14 surcharge Available Discount days) after 28 days) 2.1 Non-Permitted Use or Structure $500 $400 $800 Yes 100%

2.6 Guest Cottage Exceeds Floor Area $300 $200 $600 Yes 100% Restriction

3.1 – 3.6 Non-Permitted Use in Any Zone $500 $400 $800 Yes 100%

3.1 – 3.6 Non-Permitted Building/Structure in Any $400 $300 $700 Yes 100% Zone

3.1 – 3.6 Exceed Site Density in Any Zone $500 $400 $800 Yes 100%

3.1 – 3.6 Non-Permitted Height in Any Zone $350 $250 $650 Yes 100%

3.1 – 3.6 Non-Permitted Siting in Any Zone $300 $200 $600 Yes 100%

3.1 – 3.6 Exceed Maximum Lot Coverage in Any $300 $200 $600 Yes 100% Zone

3.5(c)(i) Prohibited Residential Use of Vessel or $500 $400 $800 Yes 100% Prohibited Float Home

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