Burnaby Business Licence Bylaw 2017, Bylaw No. 13809 (consolidated 2026.1) incl. Schedule G Short Term Rental
Burnaby, British Columbia
· No. 13809
· adopted 2017-12-04
· summary & facts
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unofficial consolidation, the official version is held by the municipal clerk.
Consolidated Bylaw No. 13809C
Burnaby Business Licence Bylaw 2017
Bylaw No. 13809
Purpose:
Bylaw respecting business licencing and regulation
The following document is a consolidated version of the above-named parent Bylaw in
which every current enforceable amendment made to that Bylaw has been
CONSOLIDATED FOR CONVENIENCE only. This consolidation is not a legal document.
Signed or Certified copies of the original bylaws should be consulted for all interpretations
and applications of the bylaws on this subject.
To view an amendment bylaw made to Bylaw No. 13809, click on the following link:
https://heritageburnaby.ca/
Burnaby Business Licence Bylaw 2017
No.
Amendment
Bylaw No.
Final Adoption
(or Repeal)
Date
Subject
11
14798
Amendment No.1,
2026
2026 Mar 10
Added Schedule "H": Bear Spray Regulations
10
14489
2022 Oct 03 Consolidated Fees and Charges Amendment
9
14411
2021 Dec 13 Repeal Bylaw 14220; Removed Schedule
"F"
8
14350
2021 Jun 28 Renewal and Conditional Business Licence
Redefinition
7
14310
2021 Apr 12 Late Payment Fee Deadline
6
14272
2022 Jun 20 Added Schedule "G" Short Term Rental
5
14220
2021 Jan 25 Added Schedule "F": Smoking Regulations
4
14192
2020 Jul 27 Rental House Ownership Clarification
3
14095
2019 Dec 16 Application Fee for House Rental Licence
2
14053
2019 Oct 07 Rental House Redefinition
1
13893
2018 Jun 25 Added Schedule "E": Pet Stores
Original
13809
2017 Dec 04
Unofficial Consolidation
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UNOFFICIAL CONSOLIDATION
CITY OF BURNABY
BYLAW NO. 13809
A BYLAW respecting business licencing and regulation
(Consolidated for convenience with Bylaw No. 13893, 14053, 14095, 14192, 14272, 14310,
14350, 14220, 1441, 14489 and 14798)
The Council of the City of Burnaby ENACTS as follows:
PART 1: CITATION
1.1
This Bylaw may be cited as BURNABY BUSINESS LICENCE BYLAW 2017.
PART 2: INTERPRETATION
2.1
In this Bylaw,
"business"
means
(i) carrying on a commercial or industrial activity or undertaking
of any kind, and
(ii) providing professional, personal or other services for the
purpose of gain or profit,
but does not include an activity carried on by the provincial
government, by corporations owned by the provincial government,
by agencies of the provincial government or by the South Coast
British Columbia Transportation Authority or any of its
subsidiaries
"business licence"
means an initial business licence, conditional business licence,
renewal licence or special event business licence, as applicable;
"business premises"
means a building, portion of a building or an area of land in or from
which a person operates or carries on a business
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"Bylaw"
means this Bylaw, including all schedules attached hereto
"Chief Licence
Inspector"
means the individual employed by the City as the Chief Licence
Inspector for the City, or any individual or individuals acting on his
or her behalf
"City"
means the City of Burnaby
"City Clerk"
means the corporate officer for the City appointed pursuant to section
148 of the Community Charter
"conditional business
licence"
means a licence issued to a business in accordance with section 5.3 of
this Bylaw
"Council"
means the Council of the City
"initial business
licence"
means a licence issued to a business in accordance with section 5.2
of this Bylaw
"Inspector"
means:
(a)
the Director Public Safety and Community Services;
(b)
the Chief Licence Inspector;
(c)
Licence Inspectors;
(d)
Property Use Coordinators;
(e)
Bylaw Enforcement Officers;
(f)
Officers and members of the police; and
(g)
other City employees or contractors authorized by the
Chief Licence Inspector to enforce this Bylaw
"inter-municipal
business licence"
means a licence that authorizes an inter- municipal business to be
carried on within the jurisdictional boundaries of any or all of the
participating municipalities pursuant to the BURNABY INTER-
MUNICIPAL BUSINESS LICENCE BYLAW 2015
"person"
includes a corporation, partnership or party, and the legal or
personal or other legal representative of a person to whom the
context may apply under this Bylaw
"photo identification"
means a valid original of one or more of the following that contains
a photograph of the bearer:
(a)
driver's licence issued by a Canadian province or territory;
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(b)
British Columbia provincial identity card;
(c)
passport issued by a legitimate government;
(d)
certificate of Canadian citizenship issued by Canada;
(e)
certificate of Indian status issued by Canada; or
(f)
permanent residency card issued by Canada
"police"
means the Burnaby Detachment of the Royal Canadian Mounted
Police
"renewal licence"
means a licence issued to a business under this Bylaw after the
expiry of the initial business licence or previous renewal licence
for the business
(BYLAW 14350)
"special event business
licence"
means licence issued to a business in accordance with section 5.4
of this Bylaw
"Zoning Bylaw"
means Burnaby Zoning Bylaw, 1965
2.2
Words and phrases used in this Bylaw that are not included in the definitions in section
2.1 of this Bylaw have the meanings commonly assigned to them in the context in which
they are used in this Bylaw, taking into account the specialized use of terms with the
various trades and professions to which the terminology applies.
2.3
All references to the statutes, regulations, bylaws, orders, policies or guidelines of a
federal, provincial, municipal or other governmental authority is a reference to such
statute, regulation, bylaw, order, policy or guideline as amended or replaced from time to
time.
2.4
The schedules to this Bylaw are attached to and form an integral part of this Bylaw.
PART 3: CHIEF LICENCE INSPECTOR AND INSPECTORS
3.1
The Chief Licence Inspector shall administer this Bylaw and keep and maintain records
connected with the administration of this Bylaw.
3.2
The Chief Licence Inspector may impose terms and conditions with respect to a
business licence granted under this Bylaw, including without limitation, requiring the
business licence holder to obtain and maintain insurance in an amount and on conditions
as required by the Chief Licence Inspector.
3.3
An Inspector may enter on and inspect any business premises, in accordance with the
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Community Charter, at any time in order to ascertain whether the requirements of this
Bylaw are being met.
3.4
A person must not prevent or hinder an Inspector's entry on or inspection of any
business premises pursuant to section 3.3 of this Bylaw.
3.5
Upon request by an Inspector, an individual must provide to the Inspector photo
identification to verify the identity of the individual.
3.6
An Inspector may order:
(a)
a person who contravenes any provision of this Bylaw to comply with the
provision within the time period ordered;
(b)
the correction of any unsafe condition in respect to a business or business
premises; and
(c)
the cessation of any activity that contravenes the terms or conditions of the
business licence for the business or this Bylaw,
and every person served with an order under this section must comply with such
order.
3.7
The Chief Licence Inspector may categorize businesses according to the type of
profession, business, trade, occupation, calling, undertaking or thing, and may
further categorize each type of business according to the factors relevant to the
business, including without limitation one or more of the following:
(a)
the floor area used for carrying on the business;
(b)
the ground area used for carrying on the business;
(c)
the number of people regularly engaged in carrying on the business;
(d)
the number of rental units maintained in carrying on the business;
(e)
the location of the business premises.
PART 4: BUSINESS LICENCE APPLICATION
4.1
Every application for a business licence shall:
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(a)
be made on an application form approved by the Chief Licence Inspector;
(b)
be signed or submitted by an owner or operator of the business or an agent
authorized in writing by an owner or operator; (BYLAW 14350)
(c)
contain a true and accurate description of the following:
(i)
the nature of the business;
(ii)
the business premises, including civic address or specific location if there is
no civic address; and
(iii)
any other information the Chief Licence Inspector may require with
respect to the business activities, operation, location, business premises,
owners, key personnel or related matters; and
(d)
include such documentation as may be required by the Chief Licence Inspector in
support of the business licence application,
and the business licence application shall not be considered complete until the Chief
Licence Inspector has received the above to the Chief Licence Inspector's satisfaction.
4.2
Every application for a business licence shall be accompanied by:
(a)
a non-refundable application fee, except for an application for a rental house
pursuant to Schedule "B" of this Bylaw; and (BYLAW 14095)
(b)
the initial business licence fee for the category of business,
both as set-out in the Burnaby Consolidated Fees and Charges Bylaw. (BYLAW 14489)
4.3
Any errors, omissions, inaccuracies or misrepresentations in the information or
documentation provided by the applicant in respect to a business licence application shall
be the sole responsibility of the applicant, notwithstanding any review or acceptance by
the Chief Licence Inspector.
PART 5: BUSINESS LICENCE ISSUANCE AND REFUSAL
5.1
At any time after receipt of a completed business licence application, the Chief Licence
Inspector may:
(a)
issue an initial business licence to the applicant in accordance with subsection
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5.2(a) of this Bylaw;
(b)
issue a conditional business licence to the applicant in accordance with
subsection 5.3(a) of this Bylaw;
(c)
issue a special event business licence to the applicant in accordance with
subsection 5.4(a) of this Bylaw; or
(d)
refuse the application for a business licence in accordance with section 5.5 of this
Bylaw.
5.2
The following apply in respect to an initial business licence:
(a)
The Chief Licence Inspector may issue an initial business licence to an
applicant if the Chief Licence Inspector determines that:
(i)
the business is a permitted use under the Zoning Bylaw in respect to the
business premises;
(ii)
no further information or documentation is required in respect to the
business licence application; and
(iii)
no inspection or further inspection is required in respect to the business
premises.
(b)
An initial business licence may be issued with or without terms and conditions.
5.3
The following apply in respect to a conditional business licence:
(a)
The Chief Licence Inspector may issue a conditional business licence to an
applicant if the Chief Licence Inspector determines that:
(i)
the business is a permitted use under the Zoning Bylaw in respect to the
business premises; and
(ii)
further information, documentation or inspection is required but the
applicant has demonstrated that the business can be operated safely during
the validity of the conditional business licence notwithstanding such
further requirement or requirements.
(b)
A conditional business licence shall specify:
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(i)
the date of expiry of the conditional business licence; and
(ii)
the terms and conditions that apply during the validity of the conditional
business licence.
(c)
The holder of a conditional business licence shall comply with the terms and
conditions set-out in the conditional business licence and cease operations at the
expiry or cancellation of the conditional business licence.
(d)
At any time during the validity of a conditional business licence, the Chief
Licence Inspector may:
(i)
extend the expiry of the conditional business licence if the conditions in
subsection 5.3(a) are satisfied;
(ii)
cancel the conditional business licence if the Chief Licence Inspector
determines, after further information, documentation or inspection, that the
business or business premises:
(A)
should be refused a business licence in accordance with section 5.5
of this Bylaw; or
(B)
cannot be operated safely pending the receipt of further
information, documentation or inspection;
(iii)
convert the conditional business licence to an initial business licence or
a renewal business licence, as applicable, prior to the expiry of the
conditional business licence if the Chief Licence Inspector determines
that no further information, documentation or inspection is required in
respect to the business or business premises; or
(BYLAW 14350)
(iv)
REPEALED. (BYLAW 14350)
5.4
The following apply in respect to a special event business licence:
(a)
The Chief Licence Inspector may issue a special event business licence to an
applicant if the Chief Licence Inspector determines that:
(i)
the business is a permitted use under the Zoning Bylaw in respect to the
business premises;
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(ii)
the business is a temporary or short-term operation;
(iii)
no further information or documentation is required in respect to the
business licence application; and
(iv)
no inspection or further inspection is required in respect to the business
premises.
(b)
A special event business licence shall specify:
(i)
the date of expiry of the special event business licence, which date shall
be no later than 30 days after the date of issuance of the special event
business licence; and
(ii)
any terms and conditions that apply during the validity of the special event
business licence.
(c)
The holder of a special event business licence shall comply with the terms and
conditions set-out in the special event business licence and cease operations at
the expiry of the special event business licence.
(d)
The Chief Licence Inspector may extend the expiry of a special event business
licence to a date that is up to 15 days from the date of expiry of a special event
business licence, upon application by the business licence holder.
5.5
The Chief Licence Inspector may refuse an application for a business licence in any
specific case, including without limitation, where the applicant:
(a)
has failed to comply with the requirements of Part 4 of this Bylaw or there are
errors, omissions, inaccuracies or misrepresentations in the information or
documentation provided by the applicant pursuant to this Bylaw;
(b)
intends to operate a business or occupy or use a business premises that does not
comply with a City bylaw or enactment of the Province or Canada or other
governmental authority;
(c)
has been convicted of an offence under a City bylaw or an enactment of the
Province or Canada or other governmental authority in respect to the business or
type of business for which the applicant has applied for a business licence;
(d)
has failed to make a payment, penalty or fine under a City bylaw or Court
proceeding in respect to the business, business premises or type of business for
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which the applicant has applied for a business licence; or
(e)
has engaged in such gross misconduct in respect of the business, business
premises, or type of business for which the applicant has applied for a business
licence so as to warrant the refusal of the issuance of a business licence.
PART 6: LICENCE PERIOD AND RENEWAL
6.1
Except as otherwise provided in this Bylaw:
(a)
the validity period for an initial business licence is as follows:
Application for business
licence received on or before
15th day of month
Valid until the next calendar
year on the last day of the
month preceding the
application date
Application for business
licence received on or after
16th day of month
Valid until the next calendar
year on the last day of the
month in which the application
was received
House rental licence (per
Schedule B of this Bylaw)
Valid to December 31 of year
in which the application was
received
(BYLAW 14350)
(b)
a conditional business licence is valid for the period established by the Chief
Licence Inspector at the time of issuance and such further period extended by the
Chief Licence Inspector pursuant to subsection 5.3(d)(i) of this Bylaw;
(c)
a special event business licence is valid for the period specified by the Chief
Licence Inspector at the time of issuance and such further period extended by the
Chief Licence Inspector pursuant to subsection 5.4(d) of this Bylaw; and
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(d)
a renewal licence is valid for a period of twelve (12) consecutive months.
(BYLAW 14350)
6.2
Every holder of an initial business licence and renewal licence shall obtain a renewal
licence for the business prior to the expiry of such business licence by paying the
renewal licence fee for the category of business, as set-out in the Burnaby Consolidated
Fees and Charges. (BYLAW 14350, 14489)
6.3
Except for renewal licence fees payable between December 31, 2021 and May 31, 2023,
a late payment fee as set-out in the Burnaby Consolidated Fees and Charges Bylaw is
payable for any renewal licence fee that is not paid by the expiry date of the business
licence. (BYLAW 14350, 14489)
6.4
If the holder of an initial business licence or renewal licence does not pay the renewal
licence fee and late payment fee, if applicable, for the business within 30 days of the
renewal licence fee due date, the business licence is cancelled effective the end of the 30
day period and thereafter, the holder shall not continue to operate the business without first
applying for a business licence in accordance with Part 4 of this Bylaw, including payment
of the application fee and initial business licence fee. (BYLAW 14350)
6.5
The Chief Licence Inspector may withhold issuance of a renewal licence for a business
until after payment of all outstanding payments, penalties and fines under a City bylaw or
Court proceeding in respect to the business or business premises.
6.6
Notwithstanding, Section 6.4 of this Bylaw, for a 2021 renewal licence, if the holder of
an initial business licence or renewal licence does not pay the renewal licence fee and
late payment fee for the business by May 31, 2021, the business licence is cancelled
effective June 1, 2021 and thereafter, the holder shall not continue to operate the business
without first applying for a business licence in accordance with Part 4 of this Bylaw,
including payment of the application fee and initial business licence fee.
(BYLAW 14310)
6.6A For business licences with an expiry date of December 31, 2021, the Chief Licence
Inspector shall have the authority to establish renewal licence validity periods of six (6)
months to seventeen (17) months from the expiry date, and thereafter, the renewal
licences for such businesses shall be valid for periods of twelve (12) consecutive months.
(BYLAW 14350)
PART 7: SUSPENSION AND CANCELLATION
7.1
The Chief Licence Inspector may suspend or cancel a business licence for reasonable
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cause, including where a holder of the business licence:
(a)
has failed to comply with a term or condition of this Bylaw or the business licence
or there are errors, omissions, inaccuracies or misrepresentations in the information
or documentation provided by the business licence holder pursuant to this Bylaw;
(b)
has ceased to meet the lawful requirements to carry on the business or with respect
to the business premises named in the business licence;
(c)
carries on business or occupies business premises that do not, or cease to, comply
with a City bylaw or enactment of the Province or Canada or other governmental
authority;
(d)
is convicted of an offence under a City bylaw or an enactment of the Province or
Canada or other governmental authority in respect of the business or the business
premises named in the business licence;
(e)
without limiting paragraph (a), has failed to pay a fee required pursuant to this
Bylaw;
(f)
without limiting paragraph (a), has failed to make a payment, penalty or fine under
a City bylaw or Court proceeding in respect to the business or the business
premises named in the business licence; or
(g)
has engaged in such gross misconduct in respect of the business or the business
premises named in the business licence so as to warrant the suspension or
cancellation of the business licence.
PART 8: RECONSIDERATION BY COUNCIL
8.1
If the Chief Licence Inspector refuses a business licence application or suspends or
cancels a business licence, the applicant or holder of the business licence may request
that Council reconsider the decision by submitting a request for reconsideration to the
City Clerk within 30 days of the decision of the Chief Licence Inspector.
8.2
The City Clerk shall refer to Council a request made pursuant to section 8.1 and notify
the applicant or holder of the business licence the time and place at which Council will
reconsider the decision of the Chief Licence Inspector.
PART 9: FEES AND REFUNDS
9.1
The fees for:
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(a) a business licence application;
(b) an initial business licence;
(c) a special event business licence;
(d) a renewal licence;
(e) a shared location of a business premises;
(f) late payment of a renewal licence;
(g) transfer of a business licence,
are as set-out in the Burnaby Consolidated Fees and Charges Bylaw. (BYLAW 14489)
9.3
Where the Burnaby Consolidated Fees and Charges Bylaw sets out a shared location fee
for a category of business, the fee for a subsequent business in the same or similar
business category sharing a business premises is the shared location fee as set-out in the
Burnaby Consolidated Fees and Charges Bylaw. (BYLAW 14489)
9.4
A charitable or non-profit organization carrying on a business shall apply for and hold a
business licence in accordance with this Bylaw and pay the initial business licence and
renewal licence fees as set-out in the Burnaby Consolidated Fees and Charges Bylaw.
(BYLAW 14489)
9.5
All fees paid pursuant to this Bylaw are non-refundable, except:
(a) where the Chief Licence Inspector refuses a business licence application pursuant to
subsection 5.1(d) of this Bylaw, the applicant will receive a full refund of the initial
business licence fee; and
(b) where the Chief Licence Inspector cancels a conditional business licence pursuant
to subsection 5.3(d)(ii) of this Bylaw within the first twelve (12) months of issuance
of the conditional business licence, the applicant will receive a partial refund of the
initial business licence fee, prorated from the date of cancellation to the expiry date
of the conditional business licence.
(BYLAW 14350)
PART 10: LICENCE CHANGES AND TRANSFERS
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10.1
A business licence holder who intends to change the category of the business or location
of the business premises shall apply for a new business licence in accordance with Part
4 of this Bylaw.
10.2
A business licence holder shall not assign, sell, transfer or in any way dispose of all or a
portion of the holder's interest in a business licence, except in accordance with the
following:
(a)
submitting a written application on the form approved by the Chief Licence
Inspector;
(b)
completing any requests for information or documentation made by the Chief
Licence Inspector; and
(c)
paying a business licence transfer fee, as set out in the Burnaby Consolidated
Fees and Charges Bylaw. (BYLAW 14489)
10.3
A business licence holder shall promptly provide written notice to the Chief Licence
Inspector advising of any of the following:
(a)
change in the mailing address of the business;
(b)
change in contact person for the business;
(c)
change in the name of the business, except that section 10.2 of this Bylaw applies
in respect to a name change resulting from an assignment, sale, transfer or
disposition of a business;
(d)
termination of business operations; and
(e)
any material changes to the business or business premises.
PART 11: GENERAL REGULATIONS
11.1
No person, including a charitable or non-profit organization, may carry on a business
within the City without a valid:
(a)
business licence; or
(b)
inter-municipal business licence.
11.2
Section 11.1of this Bylaw applies for every business carried on in the City or with
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respect to which any work or service is performed in the City, whether or not the
business is carried on in or from premises in the City.
11.3
If a business is carried on by two or more individuals in a partnership, joint venture or
cooperative, only one business licence is required for the business.
11.4
Every person carrying on more than one business must obtain and pay for a separate
business licence for each and every business.
11.5
Every person carrying on a business at more than one business premises must pay for a
separate business licence for each and every business premises.
11.6
Every person issued a business licence to carry on a business must keep the business
licence posted in a conspicuous place on the business premises named in the business
licence.
11.7
Every person issued a business licence shall only carry on the business:
(a)
described in the business licence;
(b)
at the business premises described in the business licence; and
(c)
in accordance with any terms and conditions imposed in respect to the business
licence.
11.8
Every holder of a business licence shall comply at all times with every City bylaw or
enactment of the Province or Canada or other governmental authority in respect to the
business and the business premises named in the business licence.
PART 12: SPECIFIC REGULATIONS
12.1
In addition to the general regulations set-out in Part 11 of this Bylaw, a holder of a
business licence shall comply with all relevant regulations in the Schedules attached to
and forming part of this Bylaw and any other City bylaw that regulates the business or
business premises.
12.2
If there is a conflict between the Schedules and the remainder of this Bylaw, the
Schedules shall prevail to the extent necessary to resolve the conflict.
PART 13: OFFENCES AND PENALTIES
13.1
Every person who violates any of the provisions of this Bylaw, including a specific
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regulation set out in the Schedules, or who suffers or permits any act or thing to be done
in contravention of any of the provisions of this Bylaw, or who neglects to do or refrains
from doing anything required to be done by any of the provisions of this Bylaw, or who
does any act, or who violates any of the provisions of this Bylaw, is guilty of an offence
and is liable, on summary conviction, to a fine of not less than five thousand dollars
($5,000.00) and not more than ten thousand dollars ($10,000.00).
13.2
If an offence continues for more than one day, a separate offence occurs on each day or
part of a day, and separate fines may be issued for each day or part of a day in respect of
which the offence occurs or continues.
13.3
Any person who contravenes any provision of this Bylaw is liable to the City for and
must indemnify the City from all costs, expenses, damages and injuries resulting from
the contravention. This does not in any way limit any other provision or any other remedy
the City may have under this Bylaw or otherwise at law.
13.4
A violation of any of the provisions identified in this Bylaw shall result in liability for
penalties and late payment amounts established in Schedule A of BURNABY BYLAW
NOTICE ENFORCEMENT BYLAW, 2009, and be subject to the procedures,
restrictions, limits, obligations and rights established in BURNABY BYLAW NOTICE
ENFORCEMENT BYLAW, 2009 and the Local Government Bylaw Notice Enforcement
Act.
PART 14: SEVERABILITY AND REPEAL
14.1
If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, the invalid
portion must be severed and the remainder of this Bylaw is deemed to have been adopted
without the severed section, subsection, paragraph, subparagraph, clause or phrase.
14.2
The following bylaws, and all amendments thereto, are hereby repealed:
(a)
BURNABY BUSINESS LICENCE BYLAW;
(b)
BURNABY ADULT SERVICE BUSINESS REGULATION BYLAW, 2001;
(c)
BURNABY FETAL ALCOHOL SYNDROME WARNING SIGN BYLAW;
(d)
BURNABY HOME RENTAL LICENCE BYLAW, 2014; and
(e)
BURNABY POST BOX RENTAL AGENCY AND MAIL DROP SERVICE
REGULATION BYLAW.
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FIRST READING
6th day of November, 2017
SECOND READING
27th day of November, 2017
THIRD READING
27th day of November, 2017
ADOPTION
4th day of December, 2017
MAYOR
CITY CLERK
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SCHEDULE "A"
ADULT SERVICES AND BODY RUB BUSINESSES
1.0
Definitions
1.1
In this Schedule,
"adult services
business"
means a business:
(i)
providing or offering to provide to a customer conversation
of a sexual or erotic nature in return for consideration,
whether conducted by telephone, over the internet or by
other means of communication, or
(ii)
producing or making a film, video or other representation
that is or would be classified as an "adult motion picture"
under the Motion Picture Act (BC)
"body rub"
the manipulating, touching or stimulating by any means, of a
person's body, or body part, but does not include medical,
therapeutic or cosmetic massage treatment given by a person duly
licenced or registered under any statute of the Province of British
Columbia governing such activities
"body rub premises"
business premises, or part thereof, where a body rub is performed,
offered or solicited
2.0
Specific Regulations
2.1
Every person carrying on or operating an adult service business or body rub premises
or a business that performs, offers or solicits body rubs shall:
(a)
maintain at its business premises a legible written record, in the English
language, of the legal name, address, date of birth, and date of hire of each
employee and retain such a record of all previous employees for a period of not
less than one year after employment ends;
(b)
upon request, immediately provide to an Inspector the record referred to in
section 2.1(a) of this Schedule;
(c)
not employ any person, or permit any person to be employed at the business
premises, unless such person is nineteen (19) years of age or older;
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(d)
not permit any person to attend at the business premises at any time unless such
person is nineteen (19) years of age or older;
(e)
not permit any person to enter its business premises unless that person produces,
or in the case of an employee carries with him or her, photo identification;
(f)
post and keep posted at all times at every entrance to its business premises a
clearly visible and legible sign, not less than 21.51 cm (8 1/2 inches) by 27.83
cm (11 inches) in dimension, containing the following words:
"It is unlawful for any person under the age of 19 years to enter.
Burnaby Business Licence Bylaw"
(g)
keep the entrance or entrances to its business premises unlocked at all times that
the business is open or being carried on;
(h)
not carry on business, remain open for business, or permit any person to remain
at the business premises:
(A)
between the hours of 12:00 midnight and 8:00 a.m. from Monday to
Friday; and
(B)
between the hours of 1:00 a.m. and 8:00 a.m. or Saturdays and Sundays.
2.2
Every room used to conduct an adult service business or body rub, shall be:
(a)
free of any locking device;
(b)
equipped with lighting which illuminates every part of the room to a level of not
less than 550 lux;
(c)
illuminated to the level specified in subsection 2.2(b) whenever the door to that
room is closed or the room is occupied or in use;
(d)
equipped with lighting that may be activated or deactivated only by a switch or
switches located within the room; and
(e)
equipped with a non-opaque window that:
1.
has an area of not less than 1000 cm² with no side having a dimension of
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less than 25 cm;
2.
shall remain unobstructed at all times; and
3.
shall be visible from the reception area or common area of the business
premises.
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SCHEDULE "B"
HOUSE RENTAL BUSINESSES
1.0 Definitions
1.1
In this Schedule,
"local manager"
means an individual, who may be the owner, designated for the
purposes of section 2.1(b) of this Schedule
"owner"
means the person shown on title at the Land Title Office as the
registered owner of the parcel on which the rental house is located
"rental house"
means a single family dwelling or two family dwelling, as defined
in the Zoning Bylaw, that:
(a) is rented or offered for rent; and
(b) is not occupied by the owner. (BYLAW 14053)
2.0
Specific Regulations
2.1
An owner of a rental house must: (BYLAW 14192)
(a)
obtain and maintain a separate business licence for each rental house;
(b)
designate and maintain a local manager for the rental house who resides in the
Greater Vancouver Regional District and is available at all times to respond to
complaints received in respect of the rental house;
(c)
provide to the Chief Licence Inspector the full name, address, telephone number
and other available contact information of the local manager, and immediately
advise the Chief Licence Inspector in writing of any change in the local
manager or contact information for the local manager; and
(d)
make arrangements satisfactory to the Chief Licence Inspector to ensure
compliance with laws, including City bylaws, relating to matters set out in section
64 of the Community Charter.
2.2
Every local manager shall promptly respond to and address any complaints received by
the City or the police in respect to the rental house.
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SCHEDULE "C"
LIQUOR SERVICE ESTABLISHMENTS
(FETAL ACOLHOL SYNDROME SIGNS)
1.0
Definitions
1.1
In this Schedule,
"licensed service
establishment"
means a business premises licensed or required to be licensed
under the Liquor Control and Licensing Act, including a restaurant
or another business premises where liquor is sold or offered for
sale
"liquor"
has the meaning set out in the Liquor Control and Licensing Act
"sign"
means a sign meeting the requirements in section 2.1(c) of this
Schedule
2.0
Specific Regulations
2.1
Every holder of a business licence for a licensed service establishment shall post and at
all times keep posted a sign or signs warning of fetal alcohol syndrome in accordance
with the following requirements:
(a)
for any licensed service establishment from which liquor are sold for off-
premises consumption, there shall be at least one sign located clearly visible from
all locations where the sale or dispensing of liquor takes place;
(b)
for any licensed service establishment where liquor are sold for consumption or
permitted to be consumed on the premises, there shall be at least one sign
conspicuously displayed in each public washroom located in that licensed service
establishment; and
(c)
each sign shall:
(i)
be not less than 21.5 cm (8.5 inches) by 13.9 cm (5.5 inches) in
dimension;
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(ii)
have lettering not less than 1.26 cm (0.5 inches) in height; and
(iii)
contain the following wording: "Pregnancy & Alcohol DO NOT MIX.
Drinking alcoholic beverages, including wine, coolers and beer during
pregnancy can cause birth defects."
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SCHEDULE "D"
POST BOX RENTAL AND MAIL DROP SERVICE BUSINESSES
1.0
Definitions
1.1
In this Schedule,
"mail drop service"
means a business that collects mail at premises owned, occupied or
used by it, for or on behalf of a person or persons who are not
normally occupants of those premises
"post box"
a box or other receptacle used or intended to be used for the
collection or storage of mail
"post box rental
agency"
a business that makes available for rent, lease, purchase, possession
or use one or more post boxes to a person or persons who are not
normally occupants of the premises where the post box or post
boxes are located, but does not include Canada Post
2.0
Specific Regulations
2.1
Every person carrying on the business of or operating a mail drop service or a post box
rental agency shall:
(a)
maintain at the business premises a complete and legible written record, in
English, of the legal name and current residential address of every person who
rents, leases, owns, has possession of or has the use of a post box or for whom a
mail drop service collects mail;
(b)
where the person referred to in subsection 2.1(a) of this Schedule is a
corporation, partnership or other business entity, maintain, as part of the record
and in addition to the information referred to in subsection 2.1(a) of this Schedule,
the name and current residential address of at least one individual authorized to
represent that corporation, partnership or business entity;
(c)
obtain from the person referred to in subsection 2.1(a) of this Schedule a
statement of whether or not that person intends to use the post box or mail drop
service for the purposes of a business, and include that statement as part of the
record referred to in subsection 2.1(a) of this Schedule; and
(d)
make the record referred to in subsection 2.1(a) of this Schedule available for
immediate inspection upon request by an Inspector.
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(Bylaw No. 13893)
SCHEDULE "E"
PET STORES
1.0
Definitions
1.1
In this Schedule,
"cat"
includes any male or female domestic cat of any age
"dog"
includes any male or female domestic dog of any age
"pet store"
means a business premises that offers to sell or sells, at retail or
wholesale, live animals, except animal shelters and kennels
2.0
Regulations
2.1
No owner or operator of a pet store shall sell or adopt out or offer to sell or adopt out any
of the animals listed in Appendix 1 to this Schedule;
2.2
No person who has been convicted of an offence involving cruelty to animals shall own
or operate a pet store.
2.3
No owner or operator of a pet store shall employ at that pet store any person who has
been convicted of an offence involving cruelty to animals.
2.4
Every owner or operator of a pet store shall ensure that:
(a)
all persons who attend to the care of animals have the necessary skills, knowledge,
training, abilities and equipment and supplies for the humane care of those animals;
(b)
all animals are provided with sufficient food, water, shelter, warmth, lighting,
cleaning, sanitation, grooming, exercise, veterinary care and any other care
necessary to maintain the health, safety and well-being of those animals;
(c)
no animals are handled by members of the public except under the supervision of a
qualified employee.
2.5
Every owner or operator of a pet store shall ensure that all cages, enclosures or other places
where animals are kept are at all times:
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(a)
of sufficient size to allow the animal in which it is kept to stand to its full height,
lie down, easily turn around and perform any other normal movement;
(b)
equipped with adequate and appropriate containers for food and water;
(c)
maintained in good repair and in a condition that is safe to the animal;
(d)
maintained in a clean and sanitary condition and free of animal waste;
(e)
regularly disinfected and kept free of offensive odours; and
(f)
well ventilated.
2.6
Every owner or operator of a pet store shall provide an area for the segregation from other
animals of all animals that are ill, injured or in need of special treatment, care or attention.
2.7
Every owner or operator of a pet store that has an animal in its care that is or appears to
be suffering from an illness or disease that is transmittable to human or other animals shall:
(a)
immediately notify the local health authority of the situation;
(b)
ensure that the animal is kept isolated from humans and healthy animals until the
local health authority has determined that it is no longer necessary to isolate the
animal; and
(c)
if so directed by the local health authority, have the animal euthanized humanely
and in the manner directed by the local health authority.
2.8
Every owner or operator of a pet store shall:
(a)
post in a conspicuous place in the pet store the name and telephone number of a
veterinarian who may be contacted by employees to provide necessary veterinary
services; and
(b)
ensure that, in the case of a dog, cat or other mammal not being a rodent or a rabbit:
(i)
any animal that is ill or injured is promptly examined and treated by a
veterinarian; and
(ii)
any necessary euthanasia of an animal is performed by or under the
supervision of a veterinarian.
2.9
Every owner or operator of a pet store shall:
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(a)
keep and maintain in the pet store a legible written register containing a record of
all transactions in which animals, other than arthropods, fish or amphibians, have
been acquired, sold, placed for adoption, adopted out, returned or disposed of by
the pet store; and
(b)
produce the register referred to in subsection (a) for inspection at the request of an
Inspector and provide copies of any entries required by the Inspector.
2.10
The register required to be kept and maintained under section 2.9 of this Schedule shall
contain the following information:
(a)
for all animals other than dogs or cats:
(i)
the name and address of the person or organization from whom the animal
was acquired;
(ii)
the date of purchase or acquisition;
(iii)
the description of the sex and colouration of the animal and, where
applicable, any tattoo or microchip number or marking;
(iv)
the date the animal was sold or otherwise disposed of by the pet store; and
(v)
where the animal has been disposed of other than by sale, the method of and
reason for such disposition
(b)
for dogs and cats:
(i)
the name of the municipal animal shelter or animal shelter or rescue society
or charity that is offering the dog or cat for adoption;
(ii)
the date that the dog or cat was placed in the pet store for adoption;
(iii)
the description of the sex and colouration of the dog or cat and, where
applicable, any tattoo or microchip number or marking; and
(iv)
the date the dog or cat was adopted out or returned to the municipal animal
shelter or animal shelter or rescue society or charity that placed the dog or
cat in the pet store for adoption.
2.11
Every owner or operator of a pet store shall, at the time of sale or adoption of an animal
other than an arthropod, fish or amphibian, provide the purchaser or adopter with a written
record of the sale or adoption containing the following information:
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(a)
a description of the animal;
(b)
the date of sale or adoption;
(c)
the name and address of the pet store;
(d)
a description of the animal, including its sex, colour and markings, and, if known,
its age;
(e)
a description of any tattoo or microchip;
(f)
a record of all vaccinations and inoculations; and
(g)
the species and, if applicable, breed or cross breed of the animal.
2.12
For the adoption of a cat or dog, the owner or operator of a pet store shall, in addition to
providing the information required under section 2.11 of this Schedule, provide the adopter
with a dated and signed certificate from a veterinarian:
(a)
verifying the health of the cat or dog; and
(b)
indicating that the cat or dog has been de-wormed and vaccinated or inoculated for
the diseased specified in the certificate.
2.13
Every owner or operator of a pet store shall at the time of sale or adoption of any animal,
other than an arthropod or fish, provide the purchaser or adopter with written instructions
on the proper care and feeding of the animal, including
(a)
appropriate diet, including any recommended dietary supplements;
(b)
proper handling techniques;
(c)
basic living environment and, if applicable, type of enclosure, including appropriate
enclosure size, lighting, heating, humidity control, materials and planting, substrate
and recommended cleaning frequency;
(d)
exercise needs, if any;
(e)
any other care requirements necessary to maintain the health and well-being of the
animal; and
(f)
any human health risks associated with the handling of the animal.
2.14
An owner or operator of a pet store shall not adopt out an unsterilized cat unless the owner
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or operator provides to the adopter at the time of adoption:
(a)
a voucher that entitles the adopter to have the cat spayed or neutered, without
further charge, at the office of a veterinarian practicing in the City, with the name,
address and contact information of the veterinarian shown on the voucher; and
(b)
written information describing the benefits of sterilizing cats.
2.15
The owner or operator of a pet store shall:
(a)
not display a dog or cat for adoption in the pet store for a period greater than twelve
weeks;
(b)
return a dog or cat to the originating municipal animal shelter or animal shelter or
rescue society or charity upon the expiry of the twelve-week period under
subsection 2.15(a) of this Schedule; and
(c)
not charge an adoption fee for a cat or dog that exceeds the total costs incurred by
the owner or operator of the pet store for feeding, keeping, veterinary care and
other incidental costs associated with the cat or dog while placed in the pet store
for adoption.
2.16
Every owner or operator of a pet store at all times that the pet store is open for business
and at all other reasonable times permit an Inspector to inspect the pet store, any animal
in the pet store and any records required to be maintained under this Schedule to ensure
that the provisions of this Schedule and Bylaw are complied with.
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SCHEDULE "E"
Appendix 1
List of Prohibited Animals
⎯ all non-human primates
⎯ all felidae and canidae, except domestic cats and dogs offered for adoption through a
municipal animal shelter or animal shelter or rescue organization that is a registered charity
or a society registered under the BC Societies Act, other than a member-funded society
⎯ all ursidae (bears)
⎯ all proboscidea (elephants)
⎯ all pinnipedia (seals, walrus)
⎯ all marsupials
⎯ all edentates (anteaters)
⎯ all xenarthra (such as sloths, armadillos and tamanduas)
⎯ all monotremata (spiny anteater and platypus)
⎯ all venomous or poisonous reptiles and amphibians
⎯ all venomous and poisonous invertebrates (black widow spiders, tarantulas)
⎯ all ungulates, except the bison and domestic breeds of cow, goat, sheep, pig,
horse, mule, donkey, ass, llama and alpaca
⎯ all hyaenidae (hyenas)
⎯ all hyracoidean (hyraxes)
⎯ all mustelidae (skunks, weasels, otters, wild ferrets), except the domestic ferret
⎯ all procyonidae (raccoons, coatimundis)
⎯ all viverridae (civets and genets)
⎯ all herpestidae (mongooses)
⎯ all cetacean (whales, porpoises, dolphins)
⎯ all chiroptera (bats), colugos (flying lemurs) and scandentia (treeshrews)
⎯ all lagomorphs (rabbits and hare), except spayed and neutered domestic rabbits
⎯ all aquatic or semi-aquatic turtles
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SCHEDULE "F" (REPEAL BYLAW 14411)
SCHEDULE "G" (BYLAW 14272)
SHORT-TERM RENTAL REGULATIONS
1.0
Definitions
1.1
In this Schedule,
"dwelling unit"
has the same meaning as in the Zoning Bylaw;
"market"
means to offer for sale, promote, canvass, solicit, advertise, or facilitate
short-term rental, and includes placing, posting or erecting
advertisements physically or online, but does not include the mere
provision of a neutral space or location for such marketing in
newspapers, bulletin boards, or online;
"multiple family dwelling"
has the same meaning as in the Zoning Bylaw;
"neighbour"
means an owner or occupier of a property located within a 30 meter
(100 feet) radius of the short-term rental operator's principal
residence unit, where such distance is measured from the perimeter
property lines of such principal residence unit, provided that where a
property located within such 30 meter (100 feet) radius of the short-
term rental operator's principal residence unit is a multiple family
dwelling that is managed and controlled by a strata corporation,
"neighbour" means the strata corporation of such multiple family
dwelling;
"notification"
means the information that a short-term rental operator delivers to
their neighbours in accordance with section 4.1 of this Schedule;
"principal residence unit"
means the dwelling unit which a registered owner of the dwelling unit
makes their home and from which such registered owner conducts their
daily affairs, including, without limitation, paying bills and receiving
mail, and is generally the dwelling unit with the residential address
used on documentation related to billing, identification, taxation and
insurance purposes, including, without limitation, income tax returns,
Medical Services Plan documentation, driver's licenses, personal
identification, vehicle registration and utility bills;
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"responsible person"
means a person designated by the short-term rental operator who, at
all times that the short-term rental is operated, has access to the short-
term rental and authority to make decisions in relation to the short-
term rental and the rental agreement;
"row housing dwelling"
has the same meaning as in the Zoning Bylaw;
"short-term rental"
has the same meaning as in the Zoning Bylaw;
"short-term rental operator"
means a person who carries on the business of providing short-term
rental;
"single family dwelling"
has the same meaning as in the Zoning Bylaw;
"strata corporation"
has the same meaning as in the Strata Property Act;
"strata lot"
has the same meaning as in the Strata Property Act;
"Strata Property Act"
means the Strata Property Act, as amended or replaced from time to
time,
"two family dwelling"
has the same meaning as in the Zoning Bylaw; and
"Zoning Bylaw"
means the Burnaby Zoning Bylaw, 1965, as amended or replaced from
time to time.
2.0
Licence Required
2.1
No person shall carry on business as a short-term rental operator without having first
obtained a business licence to do so from the Chief Licence Inspector.
2.2
No person shall market any short-term rental unless they hold a business licence as a short-
term rental operator for that short-term rental.
2.3
The Chief Licence Inspector may not issue more than one business licence for a short-term
rental operator for a dwelling unit.
2.4
Without limiting the generality of section 4.1(d) of this Bylaw, a person applying for the
issuance or renewal of a business licence to carry on business as a short-term rental operator
shall:
(a)
provide, in the form satisfactory to the Chief Licence Inspector, evidence that the
dwelling unit in which the short-term rental will be operated is the applicant's
principal residence unit; and
(b)
if the short-term rental is located within a strata lot, provide authorization from the
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strata corporation in the form satisfactory to the Chief Licence Inspector.
3.0
Regulations
3.1
No person shall carry on business as a short-term rental operator unless the short-term
rental being provided is in the principal residence unit of that person.
3.2
No person may hold more than one business licence as a short-term rental operator.
3.3
No corporation may carry on the business of a short-term rental operator.
3.4
A short-term rental operator shall not market the short-term rental they are licensed to
provide without including their City of Burnaby business licence number in a conspicuous
place in any medium or material used to market the short-term rental.
3.5
A short-term rental operator shall not market more than one short-term rental under their
business licence.
3.6
A short-term rental operator shall not operate a short-term rental for more than 90 nights
in a calendar year, provided further that of those 90 nights, a short-term rental operator may
not be absent from their principal residence unit for more than 28 nights. For clarity, the
aforementioned 90 nights and 28 nights do not need to be consecutive nights.
4.0
Short-Term Rental Operator Obligations
4.1
A short-term rental operator whose principal residence unit is a single family dwelling,
two family dwelling, or row housing dwelling, shall deliver the following information to their
neighbours on an annual basis at least 10 days prior to the first day in a calendar year that a
short-term rental operator operates a short-term rental:
(a)
the name and telephone contact information of the short-term rental operator and a
responsible person; and
(b)
such other information as may be required by the Chief Licence Inspector,
all in form and content satisfactory to the Chief Licence Inspector.
4.2
A short-term rental operator shall:
(a)
maintain for each calendar year in which they operate a short-term rental:
(i)
a copy of the notification provided to their neighbours; and
(ii)
a record of every address to which the short-term rental operator delivered
the notification, and the date the notification was delivered to each address;
and
(b)
upon request, provide to an Inspector the documents referred to in sections 4.2(a)(i)
and 4.2(a)(ii) of this Schedule.
4.3
A short-term rental operator shall at all times post a copy of their short-term operator
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business licence in a conspicuous place within the short-term rental.
4.4
A short-term rental operator shall provide the following information to guests in a short-
term rental:
(a)
the name and telephone number of the short-term rental operator and a responsible
person for emergency contact purposes;
(b)
information on relevant City bylaws, including those regarding quiet hours, parking
restrictions, and garbage and recycling; and
(c)
such other information as required by the Chief Licence Inspector.
4.5
A short-term rental operator or responsible person shall attend at the short-term rental
within two hours of being requested to do so and be available at all times to respond to
complaints received in respect of the short-term rental.
4.6
A short-term rental operator shall:
(a)
maintain a written record, in English, of:
(i)
the dates they operated a short-term rental;
(ii)
whether the short-term rental operator was present at or absent from the
principal residence unit on each of those dates; and
(iii)
the number of guests for each short-term rental booking;
(b)
maintain copies of receipts or invoices for each short-term rental booking; and
(c)
upon request, provide to an Inspector the documents referred to in sections 4.6(a) and
(b) of this Schedule.
4.7
A short-term rental operator shall post a fire safety plan by all entrances and exits to the
short-term rental.
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SCHEDULE "H" (BYLAW 14798)
BEAR SPRAY REGULATIONS
1.0 Definitions
1.1 In this Schedule,
"authorized vendor"
means a business that primarily services and caters to the
needs of outdoor enthusiasts and sportspersons, by selling
apparel and equipment for activities such as camping,
hunting, fishing, and hiking
"authorized wholesaler"
means a bulk distributor of apparel and equipment for
activities such as camping, hunting, fishing, and hiking
exclusively sold to retailers for resale to consumers and end
users
"bear spray"
means a device containing capsaicin and other related
capsaicinoids that is designed and labeled for use as a
deterrent from attacks by bears or other wildlife
2.0 Specific Regulations
2.1 No person other than an authorized vendor or an authorized wholesaler shall sell, offer
to sell, trade, barter, or exchange bear spray.
2.2 An authorized vendor shall not sell, offer to sell, trade, barter, or exchange bear spray to:
(a) any person under the age of 19 years; or
(b) any person who does not present photo identification.
2.3 An authorized vendor must:
(a) keep bear spray stored in a secure and locked area or in an area that is otherwise
inaccessible to the public;
(b) maintain a record for all bear spray sold or otherwise disposed of that includes:
(i) the date and time of the sale;
(ii) the product description, including the name of the bear spray and quantity sold;
(iii) the purchaser's name and address;
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(iv) the type of photo identification presented by the purchaser; and
(v) the identification number shown on the photo identification;
(c) keep the record referred to in subsection (b) for a period of 12 months from the date the
bear spray was sold; and
(d) make the record referred to in subsection (b) available to an Inspector, upon request,
for the purpose of verifying compliance with this Bylaw.