Gambier Bylaw Enforcement Notification Bylaw No. 116

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GAMBIER ISLAND LOCAL TRUST COMMITTEE BYLAW ENFORCEMENT NOTIFICATION BYLAW NO. 116

As amended by the Gambier Island Local Trust Committee

Consolidated Version: September 9, 2025 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. 151 Amendment No. 1, 2019 July 30, 2019 Bylaw No. 160 Amendment No. 1, 2025 September 9, 2025

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GAMBIER ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 116, 2011

A BYLAW WITH RESPECT TO THE ENFORCEMENT OF BYLAW NOTICES WITHIN THE BL151 GAMBIER ISLAND LOCAL TRUST AREA July 2019

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

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

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

Citation

1. This Bylaw may be cited as “Gambier Island Local Trust Committee Bylaw Enforcement Notification Bylaw, No. 116, 2011”.

1.0 INTERPRETATION

In this Bylaw:

BL151 1.1 “Act” means the Local Government Bylaw Notice Enforcement Act, SBC 2003, c 60. July 2019 1.2 “Registry” means the Islands Trust established pursuant to section 6 of this bylaw. 1.3 “LTC” means the Gambier 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 Schedule “A”, Schedule “B” and Schedule “C”, and Schedule “D”, 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 Schedule “A”, Schedule “B”, Schedule “C”, and Schedule “D” as attached to this bylaw; (2) if received by Islands Trust within 14 days of the person receiving or being presumed to have BL151 July 2019 received the bylaw violation notice, is the Discounted Penalty Amount set out in column A2 of Schedule “A,” Schedule “B” and Schedule “C” and Schedule “D” 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 Penalty Amount set out in column A3 of Schedule “A,” Schedule “B” and Schedule “C” and Schedule “D” as attached to this bylaw or (4) if paid under a compliance agreement, may be reduced as provided under column A5 of Schedule “A”, Schedule “B”, Schedule “C”, and Schedule “D” 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 bylaw violation 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.

6.0 BYLAW NOTICE DISPUTE ADJUDICATION SYSTEM

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. BL151 July 2019 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.

7.0 SCREENING OFFICERS

7.1 The position of screening officer is established.

BL151 7.2 The following are designated classes of person that may be appointed as screening officers: July 2019

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

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(b) the officer issuing the bylaw violation notice; (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 Schedule “A”, Schedule “B”, Schedule “C”, and Schedule “D” 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 Schedule “A”, Schedule “B”, Schedule “C”, and Schedule “D” as attached to this bylaw.

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

8.0 BYLAW ENFORCEMENT OFFICERS

Persons acting as any of the following are designated as bylaw enforcement officers for the purposes of this bylaw and the Act: BL151 July 2019 (a) Bylaw Compliance and Enforcement Manager; (b) Bylaw Compliance and 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:

(a) Schedule A – Gambier Island Land Use Bylaw No. 86, 2004 Contraventions and Penalties. (b) Schedule B – Keats Islands Land Use Bylaw No. 78, 2002 Contraventions and Penalties. (c) Schedule C – Bowyer and Passage Islands Land Use Bylaw No. 114, 2011 Contraventions and Penalties. (d) Schedule D – Gambier Associated Islands Land Use Bylaw No. 120, 2013 Contraventions and Penalties;

READ A FIRST TIME THIS 26th DAY OF October ,2011

READ A SECOND TIME THIS 26th DAY OF October ,2011

READ A THIRD TIME THIS 31st DAY OF January ,2013

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 19th DAY OF February ,2013

ADOPTED THIS 21st DAY OF March ,2013

SECRETARY CHAIR

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Schedule A GAMBIER ISLAND LAND USE BYLAW NO. 86, 2004 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) 2.3 Fail to Permit Inspection $500 $400 $800 Yes 100%

3.2 Prohibited Use $500 $400 $800 Yes 100%

3.3 Non-Permitted Siting $350 $250 $650 Yes 100%

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

3.6 Fail to Comply with Accessory Use, $300 $200 $600 Yes 100% Building and Structure Regulations

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

3.8 Non-Permitted Fence $300 $200 $600 Yes 100%

3.9. Inadequate Landscape Screen $300 $200 $600 Yes 100%

3.10 Wrecking/Storage of Derelict $500 $400 $800 Yes 100% Automobiles/Junk

3.13. Fail to Comply with ALR Farm Use $300 $200 $600 Yes 100% Regulations

3.14. Non-Permitted Associated Secondary $300 $200 $600 Yes 100% Dwelling Floor Area

5.1 – 5.22 Non-Permitted Use in Any Zone $500 $400 $800 Yes 100%

5.1 – 5.22 Non-Permitted Building, Structure or $500 $400 $800 Yes 100% Density in Any Zone

5.1 – 5.22 Non-Permitted Siting or Size in Any $350 $250 $650 Yes 100% Zone

5.1 – 5.22 Fail to Comply with Site Specific $350 $250 $650 Yes 100% Regulations in Any Zone

5.1 – 5.22 Fail to Comply with Conditions of Use $300 $200 $600 Yes 100% in Any Zone

6.1 – 6.5 Fail to Comply with Sign Regulations $300 $200 $600 Yes 100%

7.1 – 7.4 Fail to Comply with Parking $250 $150 $550 Yes 100% Regulations

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Schedule A GAMBIER ISLAND LAND USE BYLAW NO. 86, 2004 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) 9.1 – 9.3 Fail to Obtain Development Permit in $500 $400 $800 Yes 100% Any Development Permit Area

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Schedule B KEATS ISLAND LAND USE BYLAW NO. 78, 2002 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 surcharg Available Discount days) e after 28 days) 1.3.6 Fail to Permit Inspection $500 $400 $800 Yes 100%

2.2.1 – Fail to Comply with Home Occupation $300 $200 $600 Yes 100% 2.2.10 Regulations

2.2.11 Prohibited Home Occupation $500 $400 $800 Yes 100%

2.4.1 Fail to Comply with Fence Regulations $300 $200 $600 Yes 100%

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

2.5 Non-Permitted Storage and Wrecking of $500 $400 $800 Yes 100% Derelict Vehicles, or Storage of Junk

2.7.2 Fail to Comply with General Setback $350 $250 $650 Yes 100% Regulations

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

4.1 – Non-Permitted Use In Any Zone $500 $400 $800 Yes 100% 4.16 4.1 – Non-Permitted Building, Structures or $500 $400 $800 Yes 100% 4.16 Density in Any Zone

4.1 – Non-Permitted Floor Area, Siting or $350 $250 $650 Yes 100% 4.16 Height in Any Zone

4.1 – Non-Permitted Marine-Based Structure $500 $400 $800 Yes 100% 4.16 4.1 – Fail to Comply with Site Specific $350 $200 $600 Yes 100%. 4.16 Regulations

5.1 Fail to Comply with Sign Regulations $350 $250 $650 Yes 100%

5.3 Prohibited Sign $500 $400 $800 Yes 100%

6.1 – 6.2 Fail To Comply with Parking Regulations $300 $200 $400 Yes 100%

9.1 – 9.2 Fail to Obtain a Development Permit in $500 $400 $800 Yes 100% Any development permit area

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Schedule C BOWYER & PASSAGE ISLANDS LAND USE BYLAW NO. 114, 2011 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) 2.3 Fail to Permit Inspection $500 $400 $800 Yes 100%

3.2 Prohibited Use, Building or Structure $500 $400 $800 Yes 100% in Any Zone

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

3.4 Fail to Comply with Height $350 $250 $650 Yes 100% Regulations

3.5 Fail to Comply with Accessory Use, $350 $250 $650 Yes 100% Building or Structure Regulations

3.6 Fail to Comply with Home $350.00 $250 $650 Yes 100% Occupation Regulations

3.7 Over height Fence $300 $200 $600 Yes 100%

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

3.9 Non-Permitted parking, storage or $300 $200 $600 Yes 100% stopping of a recreational vehicle

3.10 Non-Permitted Storage of Junk and $500 $400 $800 Yes 100% Derelict Vehicles

5.1 – 5.8 Non-Permitted Use in Any Zone $500 $400 $800 Yes 100%

5.1 – 5.8 Non-Permitted Density in Any Zone $500 $400 $800 Yes 100%

5.1 – 5.8 Non-Permitted siting, height or floor $350 $250 $650 Yes 100% area in Any Zone

5.1 -5.8 Over Height Fence in Any Zone $300 $200 $300 Yes 100%

5.1 – 5.8 Fail to meet site specific regulations $350 $250 $300 Yes 100% in Any Zone

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Schedule C BOWYER & PASSAGE ISLANDS LAND USE BYLAW NO. 114, 2011 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)

5.1 – 5.8 Fail to meet conditions of use in Any $350 $250 $650 Yes 100% Zone

6.2 – 6.6 Fail to Comply with Sign Regulations $300 $200 $600 Yes 100%

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Schedule D GAMBIER ASSOCIATED ISLANDS LAND USE BYLAW NO. 120, 2013 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) 2.3 Fail to Permit Inspection $500 $400 $800 Yes 100%

3.2 Prohibited Use, Building or Structure $500 $400 $800 Yes 100%

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

3.5 Non-Permitted Accessory Use, Building or $350 $250 $650 Yes 100% Structure

3.6 Fail to Comply with Home Occupation $500 $400 $800 Yes 100% Regulations

3.7 Fence Exceeds Maximum Permitted Height $300 $200 $600 Yes 100%

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

3.9 Recreational Vehicle Used As Residence $350 $250 $650 Yes 100%

3.10 Non-Permitted Storage Of Junk/Derelict $500 $400 $800 Yes 100% Vehicles

5.1 – 5.16 Non-Permitted Use in Any Zone $500 $400 $800 Yes 100%

5.1 – 5.16 Non-Permitted Buildings, Structures or $500 $400 $800 Yes 100% Density in Any Zone

5.1 – 5.16 Non-Permitted Siting, Size, or Height in Any $350 $250 $650 Yes 100% Zone

5.1 – 5.16 Fail to Comply with Conditions of use in Any $350 $250 $650 Yes 100% Zone

5.1 – 5.16 Fail to Comply with Site-Specific $350 $250 $650 Yes 100% Regulations in Any Zone

6.2 – 6.6 Fail to Comply with Sign Regulations $300 $200 $600 Yes 100%

7.1 Fail To Comply with Parking Regulations $300 $200 $600 Yes 100%

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