Village of Canal Flats Off-Highway Recreational Vehicle Regulation Bylaw No. 273, 2025 — full text

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Village of Canal Flats BYLAW NO. 273, 2025 Being a Bylaw to regulate the Use of All-Terrain Vehicles Within the Village of Canal Flats. WHEREAS, pursuant to s. 8(3)(b) and s, 62 of the Community Charter, SBC 2003 c. 26, Council has authority to regulate, prohibit and impose requirements with respect to persons, property, things, and activities that are in, on or near public places; AND WHEREAS, pursuant to s. 36 of the Community Charter, Council has authority to regulate and prohibit in relation to all uses involving a highway; AND WHEREAS, pursuant to s. 15(2)(b) of the Community Charter, Council has authority to adopt a standard, code, or rule enacted under a law of British Columbia or anotherjurisdiction, with any changes considered appropriate; NOW THEREFORE Council of the Village of Canal Flats, in the Province of British Columbia, duly assembled enacts as follows: 1. Citation This Bylaw may be cited for all purposes as the "Village of Canal Flats Off--highwayRecreational Vehicle Regulation Bylaw, No. 273, 2025". 2. Definitions "Certified Training Course" means a training course recognized by the Village as providing education and training to operators, who must be at least 15 years of age, of off-highway recreational vehicles and provides the trainee with a certificate of completion. "Council" means the Council of the Village. "Village" means the Village of Canal Flats. "Driver's Licence" means a licence to operate a motor vehicle issued by a governmental body with the authority to regulate and administer vehicle licensing within its jurisdiction. "Highway" includes all public streets, roads, ways, lanes, bridges, and any other public way designed for and regularly used by motorized vehicles licensed by the Province. "Licence Plate" means a decal or other identifying marker that is issued by the Village to be attached to the off-highway recreational vehicle. Village of Canal Flats Off~highway Recreational Vehicle Regular Bylaw No. 273, 2025 "Registered Owner" means the owner of the off-highway recreational vehicle as registered with the Village. "Unregistered Vehicle" means an off-highway recreational vehicle that was not registered with the Village. 3. Operation of Off-highway Recreational Vehicles within the Village 3.1 3.2 3.3 No person shall operate an off-highway recreational vehicle in the Village except as authorized by this bylaw. The owner of an off-highway recreational vehicle operating withinthe Village must: carry third party liabilityinsurance coverage of at least $1,000,000 for the vehicle and rider; register the vehicle with the Village and obtain the licence plate upon payment of the fee specified in Schedule "A"and showing proof of required insurance; exhibit a current licence plate on the vehicle in a clearly visible location, either front or back of the vehicle. The registered owner or operator of an off-highway recreational vehicle within the Village must: (a) hold a valid driver's licence, or if between 15 and 17 years of age hold a certificate of completion of a certified training course or be accompanied by an adult of at least 25 years of age who holds a valid driver's licence, or if under 13 years of age be accompanied by a parent who holds a valid driver's licence or an adult of at least 25 years of age who holds a valid driver's licence; ensure that the vehicle exhibits the licence plate in a clearly visible location as required pursuant to subsection 3.2 (c); not operate the off-highway recreational vehicle unless insured and proof of insurance is with the operator, in accordance with subsection 3.2(a); not operate the off-highway recreational vehicle anywhere within the Village, except on a multi-use recreation trail; only use the multi-use recreation trail system for access to out of town trails or Forest Service Roads; dismount the off-highway recreational vehicle to cross a highway, unless authorized to ride across the highway with a permit issued by the RCMP; Village of Canal Flats Off-highway Recreational Vehicle Regular Bylaw No. 273, 2025 3.4 3.5 The operator of an off-highway recreational vehicle and all passengers must wear a safety helmet approved by the Canadian Standards Association. The Village hereby designates the trails indicated on Schedule "C"as multi-use recreation trails". 4. Exemptions 4.1 4.2 4.3 4.4 Police, fire, ambulance, search and rescue or other emergency vehicles operated by emergency response personnel engaged in the execution of their emergency response duties; Persons acting at the request of emergency response personnel during an actual or apparent emergency condition; Off--RoadVehicles owned and operated by local, provincial or federal governments if use is within the scope of their duties; A community event, program or project exempted in writing by Council, notwithstanding the requirements of the Transportation Act and required permits for use on highways. 5. Penalty 5.1 5.2 5.3 5.4 5.5 5.6 Any person who contravenes any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence punishable on summary conviction and is subject to a fine not less than $250 and not more than $10,000. Each day that a violation exists or is permitted to exist is deemed to be a separate offence against this Bylaw. This Bylaw may be enforced by means of a ticket in the form prescribed for the purpose of section 264 of the Community Charter. Pursuant to section 264(1)(b) of the Community Charter, the Village Administrator, the Village's Bylaw Enforcement Officers, and members of the Royal Canadian Mounted Police are designated to enforce this Bylaw. Pursuant to section 264(1)(c) of the Community Charter, the words or expression in Column 1 of Schedule "A"to this Bylaw designate the offence committed under the Bylaw section number appearing in Column 2 opposite the respective words or expression. Pursuant to section 265(1)(a) of the Community Charter, the fine amount in Column 3 of Schedule "A"to this Bylaw is the fine amount that corresponds to the section number and words or expression set out in Columns 2 and 1 opposite the fine amount. Village of Canal Flats Off-highway Recreational Vehicle Regular Bylaw No. 273, 2025 7. Effective Date The Off--highwayRecreational Vehicle Regulation Bylaw No. 273, 2025 comes into effect upon adoption. INTRODUCED AND READ a first time this 13'"day of April, 2026. READ a second time this 13'"day of April, 2026. READ a third time this 13'"day of April,2026. RECONSIDERED AND FINALLYADOPTED this 11'"day of May, 2026. Mayor Mark Doherty Corporate Officer CERTIFIED a true and correct copy of "Village of Canal Flats Off-highway Recreational Vehicle Regulation Bylaw No. 273, 2025" Corporate Officer Village of Canal Flats Off--highwayRecreational Vehicle Regular Bylaw No. 273, 2025 Schedule A License Plate Fee $50 Annual Registration Fee $10 Schedule B -- Offence Section and Penalty Off-Road vehicle in the Village of Canal Flats public place outside multi--usetrail Bylaw Offence Section Penalty First offence in calendar year: 3.2 $250 Operate an Off--Roadvehicle in the Village of Canal Flats public place outside multi--use trail Second offence in calendar year: Operate an 3.2 $500 Third or more Offences in calendar year: 3.2 Operate an Off--Roadvehicle in the Village of Canal Flats public place outside multi--use trail $500 per offence Alloffence: Wearing of helmet in accordance 3.4 with Section 3.4 $250 Village of Canal Flats Off-highway Recreational Vehicle Regular Bylaw N0. 273, 2025 Schedule C -- Multi-use Recreational Trail Map