Salt Spring Island Compliance and Bylaw Enforcement Policy

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Salt Spring Island Local Trust Committee Bylaw Compliance & Enforcement Policy Bylaw Compliance & Enforcement Policy No. 1, effective May 14, 2026

Version No. 1

Purpose

To establish policies and procedures for bylaw compliance and enforcement in the Salt Spring Island Local Trust Area in accordance with the adopted Trust Council Policies contained in Policy 5.5.1., and that are within the authority of the Local Trust Committee to enforce, and to ensure that policies and procedures are efficient, transparent, reasonable, and consistent with local community standards.

PART A 1.0 Application

This policy will apply to the Salt Spring Island Local Trust Area and the enforcement of all applicable regulatory bylaws.

2.0 Definitions & Abbreviations

BEN – bylaw enforcement notice

LUB – Salt Spring Island Land Use Bylaw No. 355

LTC – Local Trust Committee

Minor structure – any structure that does not require a building permit, and that is not located in a development permit area, or located within any other environmentally sensitive area

Respondent – a property owner whose property is subject to a bylaw enforcement complaint

Health & Safety concerns – fire, unsafe construction, hazards relating to steep slopes or cliffs

3.0 References

Islands Trust Act section 28:

Enforcement of bylaws

28 (1) For the purposes of enforcing its bylaws and section 32 of this Act, a local trust committee has all the power and authority of a regional district board.

Salt Spring Island Trust Committee Bylaw Infraction Investigations Bylaw No. 264

2. The Bylaw Investigations Officer of the Islands Trust is authorized to enter, at all reasonable times, on any property to ascertain whether bylaws adopted by Salt Spring Island Trust Committee and/or the terms of permits issued by the Trust Committee are being observed.

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Trust Council Policy 5.5.1

Policies adopted by the Islands Trust Council to support the object of the Islands Trust to preserve and protect the trust area and its unique amenities and environment for the benefit of residents of the trust area and of the province generally by ensuring compliance with Local Trust Committees’ Bylaws.

4.0 Priorities 4.1 The Islands Trust Act grants the LTC the power and authority to enforce its bylaws and the LTC also has discretion to adopt priorities for enforcement or to defer enforcement. 4.2 Enforcement on short-term vacation rentals will be a priority where there is a written complaint, and where the use involves the entire dwelling, and where there are significant contraventions of the LUB 4.3 Enforcement on portable sawmills will be deferred until the LTC has considered amendments to the Land Use Bylaw. 4.4 Enforcement on non-compliant dwellings will be deferred until there are safe, secure appropriate housing options that are affordable for all demographics and household types in perpetuity, except in the following circumstances:

a) there are reasonable grounds to believe that there are significant health and safety risks; b) there are concerns that sewage is being disposed of contrary to section 3.2.1(2) of the LUB; c) there is evidence that septic or sewage disposal systems are being used in excess of capacity or ability as a result of unlawful dwellings; d) there is evidence of contamination of wells or other drinking water sources; e) unlawful dwellings are in environmentally sensitive areas; f) there are non-permitted campgrounds; and, g) that the Salt Spring Island Local Trust Committee may give direction to resume enforcement activities on any property that poses risk to the health and safety of the neighbouring residents and the residents on the property in question. 4.5 Section 4.4 will not apply to new construction used for non-permitted dwellings. 4.6 Complaints received for non-permitted dwellings will be processed using an alternative approach involving multi-jurisdictional cooperation that will focus on mediating the compliance concerns and mitigating housing and living situations.

4.7 Enforcement on unlawful land uses where a property owner has submitted a planning application are a priority until the unlawful use has ceased.

4.7.1 If the applicant does not receive approval from the Local Trust Committee to continue the unlawful land use based on consideration of community needs while a planning application is being considered, enforcement will continue, including the issuance of violation notices or legal action.

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5.0 Inspection 5.1 At the start of any investigation, Bylaw Compliance & Enforcement Officers will determine if entry is necessary to investigate the alleged contravention or if the investigation can be conducted from a public road or other lands. 5.2 Investigations will focus on the specific alleged bylaw contraventions outlined in the complaint unless other observations pose an immediate risk to public health, safety, or the environment. 5.3 Bylaw Compliance & Enforcement Officers are encouraged to request mutually agreeable times to arrange site inspections and provide one week’s notice. 5.4 Entry without Notice: In exceptional circumstances, where prior notice is not feasible or where immediate entry is required to address urgent concerns about health, safety, or the environment, Officers may enter property as authorized by section 2 of the Salt Spring Island Local Trust Committee Bylaw Infraction Investigations Bylaw No. 264 and the Local Government Act. 5.5 Holders of temporary use permits will be held accountable for any violations of their Permit. Bylaw Compliance & Enforcement Officers may enter properties between the hours of 9:00 am and 5:00 pm, on any day, without prior consultation with the holder of a Temporary Use Permit for the purpose of investigating a complaint. 5.6 If a Respondent has indicated that they will work towards compliance, and have agreed on a time to comply, a site inspection is only required to confirm compliance. 5.7 If a Respondent provides photographic evidence, a survey, or a professional report that confirms compliance, a site inspection is not required.

6.0 Enforcement Procedures 6.1 If a bylaw contravention is confirmed, there will be notice in writing, and Respondents will be given a minimum of 90 days to comply with the relevant LUB. 6.2 Bylaw Compliance & Enforcement Officers can use their discretion to consider any reasonable time to comply request from Respondents but the term cannot be for more than one year. 6.3 If there are contraventions in environmentally sensitive areas, or development permit areas, or if there is a risk to health and safety, there will be a demand for the Respondent to cease the use or activity immediately. 6.4 If the Respondent wishes to consider a planning application that will bring the property into compliance, the Bylaw Compliance & Enforcement Officer will advise planning staff and they will arrange a meeting to discuss the feasibility of such an application. 6.5 If there is no agreement on time to comply, a Respondent will be provided written notice that enforcement action will be escalated and this may include a request for legal action or the use of the BEN system. 6.6 Respondents will be given a Bylaw Warning Notice with a minimum of 45 days to comply before a Bylaw Violation Notice is issued, unless there are health and safety concerns, or contraventions in environmentally sensitive areas, that may require more immediate action.

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6.7 Bylaw Violation Notices will not be issued more than once per week unless authorized by the Manager of Compliance and Enforcement.

7.0 Closing Files 7.1 If the identity of a complainant cannot be confirmed during the course of an investigation, or if a complainant used a false name, the file will be closed. 7.2 If the contravention is for a minor structure that has only received one written complaint from one person, the file can be closed. 7.3 If it is unreasonable for a Respondent to comply, whether due to specific circumstances or finances, Bylaw Compliance & Enforcement Officers or the Manager of Compliance and Enforcement can use their discretion to close the file. 7.4 If a contravention has been identified that is subject to deferred enforcement by the LTC, the file can be closed unless there are contraventions that exist in environmentally sensitive areas or there are concerns about health and safety. 7.5 If it is determined during an investigation that the complaint was frivolous, repeat, or vexatious in nature, the file can be closed unless there is work in a development permit area, or work in an environmentally sensitive area, or there are health and safety concerns. 7.6 Respondents, complainants and the local trust committee will be notified in writing when a file has been closed and the reason for closing the file.

8.0 Frivolous, Repeat or Vexatious Complaints 8.1 Complaints that are made in bad faith, false, or made for retaliatory purposes may be considered vexatious. 8.2 Repeated complaints that form a part of a pattern of conduct by the complainant that amounts to an abuse of the complaint process may by considered frivolous or vexatious. 8.3 Frivolous, repeat or multiple complaints about the same issue or a matter that has been investigated with no offence found may be considered vexatious. 8.4 If a decision is made to not act upon a complaint that is considered frivolous, repeat, or vexatious, the complainant will be advised of the decision, the reason for it, and may be advised of the circumstances under which it may be reconsidered.

9.0 Communications 9.1 If the Manager determines that there is a potential violation, a file is opened, and the Respondent will receive a Notice Letter, providing a summary of the issue, contact details of the assigned officer, and encouraging the Respondent to contact the officer. The Complainant will be notified that a file has been opened. 9.2 Respondents will receive as much information about complaints against their properties as possible without revealing the identity of the complainant. 9.3 If there are questions or concerns regarding individual files, Trustees or the LTC will communicate with the Manager of Compliance and Enforcement.

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9.4 The Manager of Compliance and Enforcement will arrange public information and education sessions regarding bylaw enforcement when appropriate and time permitting.

10.0 Reporting 10.1 The LTC will receive regular reporting on open files where investigations have been completed, and the reporting will occur quarterly. 10.2 The Manager of Compliance and Enforcement will report to the LTC any concerns, trends, or issues with enforcement that they believe the LTC needs to be aware of. 10.3 The Manager of Compliance and Enforcement will maintain the Salt Spring Island Bylaw Enforcement Policy and will report to the LTC if amendments are recommended or required.

PART B Bylaw Enforcement Notice Bylaw Screening Officer’s Powers and Duties Policy Appointment of Screening Officers

Pursuant to section 7.2 of the Salt Spring Island Local Trust Committee Bylaw Enforcement Notification Bylaw No. 263, 2011, (the Bylaw) the persons holding the following positions are appointed as screening officers:

1) Regional Planning Manager;

2) Manager of Compliance and Enforcement; and

3) Bylaw Compliance and Enforcement Assistant.

Screening Officer Powers and Duties

The powers and duties of the screening officer are contained in section 7.3 of the Bylaw. It is the direction of the Salt Spring Island Local Trust Committee (LTC) that these powers and duties are only exercised in respect to each of the above positions as follows:

1) Regional Planning Manager. In respect to Bylaw Violation Notices issued by all Bylaw Compliance and Enforcement Officers, including the Manager of Bylaw Compliance and Enforcement, the Regional Planning Manager, acting as Screening Officer, may exercise all of the powers and duties in Section 7.3 of the Bylaw;

2) Manager of Bylaw Compliance and Enforcement. In respect to Bylaw Violation Notices issued by Bylaw Compliance and Enforcement Officers, the Manager of Compliance and Enforcement, acting as Screening Officer, may exercise all of the powers and duties in Section 7.3 of the Bylaw;

3) Bylaw Compliance and Enforcement Assistant. In respect to Bylaw Violation Notices issued by the Manager of Compliance and Enforcement, and Bylaw Compliance and Enforcement Officers, the Bylaw

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Compliance and Enforcement Assistant, acting as Screening Officer, may exercise only those powers and duties in Section 7.3(1) and 7.3(2) of the Bylaw.

Authorized Reasons to Cancel Bylaw Violation Notices

The Screening Officer may cancel a Bylaw Violation Notice if satisfied that one or more of the following reasons exist:

1. Voluntary compliance has been achieved. 2. The Bylaw Violation Notice was issued to the wrong person. 3. The Bylaw Violation Notice was not completed properly. 4. The issuance of the Bylaw Violation Notice did not adhere to established Trust Council or LTC policies. 5. It is unreasonable for the person to pay the penalty. 6. An exception specified in the bylaw or related enactment or LTC Standing Resolution exists. 7. A permit exists or has been obtained that authorises the alleged contravention. 8. There is poor likelihood of success at adjudication for the Local Trust Committee the following reasons: a. The evidence is inadequate to show a contravention; b. Incorrect information was relied on in issuing the Bylaw Violation Notice; c. The disputant intends to challenge the bylaw with a legal argument that is ill suited to the adjudication process or the legal arguments are too complicated to be decided by an adjudicator.

9. It is not in the public interest to proceed to adjudication for one of the following reasons: a. The bylaw has changed since the Bylaw Violation Notice was issued and now authorizes the contravention; b. An LTC resolution has deferred enforcement on the specific contravention; c. The LTC has closed the file; d. The offence occurred because of a circumstance that made it unreasonable for the person to comply with the bylaw.

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