Canal Flats, British Columbia
· No. 296
· adopted 2026-07-13
· summary & facts
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VILLAGE OF CANAL FLATS
BYLAW NO. 296, 2026
Being a Bylaw to enhance the Quality of Life for the citizens of Canal Flats
WHEREAS the Council for the Village of Canal Flats desires
to protect Quality of Life for its citizens, and
endeavors
to promote civic responsibility, and further, strives to encourage
good relationships
between
neighbours;
ANDWHEREAS, Part 3, Division10, Section 64 of the Community Charter provides that Council may exercise
authority in relation to nuisances, disturbances and other objectionable situations;
NOW THEREFORE the Council of the Village of Canal Flats, in open meeting assembled, ENACTS AS
FOLLOWS:
Citation
This Bylaw may be cited for all purposes as "Village of Canal Flats Good Neighbour Bylaw No. 296, 2026".
PART 1
-- GENERAL
Definitions
1.
In this bylaw:
"boulevard
"means that area of the public property between the property
line of private property
and the abutting roadway;
"building
material"
means material used in the construction of a structure or in landscaping,
including lumber, gypsum board, windows, doors, filland soil;
"bylaw enforcement
officer"
means an employee of the Village, appointed by Council for
enforcement of Village bylaws;
"Chief Administrative Officer (CAO)" means the individualappointed to that position for the Village
pursuant to Section 147 of the Community Charter,
"construction
noise"
means any noise or sound made by the carrying on of works in connection
with the construction, demolition, reconstruction, alteration or repair of any building or structure; or the
carrying on of any excavation by machinery or heavy equipment; or the moving or operating of any
kind of machine, engine or construction equipment;
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
"Corporate
Officer" means the municipal officer appointed by Council and assigned responsibility
for corporate administration for the Village under Section 148 of the Community Charter.
"Excessive
Nuisance Abatement
Fees" include, but are not limitedto the following costs and
expenses
incurred while responding to a Nuisance Service Call for the purpose of abating nuisance
conduct, activity or conditions:
a
the cost of peace officer or Village staff salaries, includingall benefits;
b)
the cost of using peace officer, fire and Village equipment and vehicles;
)
the cost of repairs to damaged Village equipment, vehicles or property;
)
administration costs incurred by the Village to respond to a nuisance servicecall and
abate a nuisance;
"fire chief" has the same meaning as in the Fire Services Bylaw;
"graffiti" means one or more letters, symbols, writing, pictures or marks, however made, posted,
scratched, painted, drawn on any structure or thing but does not include any of the following:
a)
a sign, public notice or traffic control device authorized by the Village of Canal Flats;
b)
a public notice authorized by a Village bylaw or by provincial or federal legislation; or
c)
in the case of real property,
a letter, symbol or mark for which the owner or occupier of
the real property
on which the letter, symbol or mark appears has been given prior,
written authorization, such as a mural;
"lane" means the dedicated roadway abutting the side or rear of any property;
"noxious
weed"
means those weeds listed in the regulations to the Weed Control Act.
"nuisance
service
calls" means a response by a bylaw enforcement
officer or peace officer to, or
abatement of, any activity, conduct or condition occurring on or near real property
which
substantially or unreasonably interferes with another person's
use and enjoyment of a public place
or of real property
occupied by that person,
or which causes
injuryto the health, comfort or
convenience of an occupier or real property;
"owner"
means the registered owner of an estate in fee simple, the tenant for life under a registered
lifeestate, the registered holder of the last registered agreement
for sale, the holder or occupier of
land held in the manner referred to in section 228 or 229 of the Community Charter, and an lndian
who is an owner under the letters patent of a municipalityincorporated under section 9 of the Local
Government Act;
"person"
includes any company, corporation, owner, partnership, firm, association, society or party;
"property"
means all real property,
including, but not limitedto, front yards, side yards, backyards,
driveways, walkways, lanes, boulevards and sidewalks, together with any and all structures or fences
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
a)
paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses,
crates,
rags, barrels, carpeting, boxes, lumber not neatly piles;
b)
scrap iron, tin and other metal;
0)
scrap paving material, construction and demolition waste;
d)
derelict vehicles, tires, machinery, mechanical or metal parts;
e)
discarded or dilapidated appliances
or furniture;
f)
ashes from fireplaces and on--siteincinerators;
9)
yard clippings and brush, wood, dry vegetation, dirt, weeds, dead trees and branches,
stumps, overgrown vegetation and trees which may harbour insect or rodentinfestations
or may become a fire hazard, animal feces, and piles of earth mixed with any of the
above;
"unsightly"
in addition to its common dictionary meaning and regardless of other properties in the
neighbourhood, shall include property
having any one or more of the following characteristics:
a)
the storage, location or accumulation of and visible to a person standing on a public
highway or nearby property,
or in a building or structure situated on a public highwayor
nearby property,
of filth, rubbish,
graffiti or any other discarded materials;
b)
the untidy storage, location or placement of building materials
on a site where
construction is not taking place, except where they cannot be seen from a public highway
or from nearby property,
or from a building or structure situated on a public highway or
nearby property;
0)
landscaping or vegetation that is dead or characterized by uncontrolled growth or lackof
maintenance, or is damaged;
d)
the placement, storage, or accumulation of derelict vehicles
that are visible to aperson
standing on a highway or on or in nearby property;
e)
fences characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any
other evidence of physical decay or neglect or excessive use, or lack ofmaintenance;
f)
a lowering in quality of the condition or appearance
of a structure or parts thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or anyother
evidence of physical decay, neglect, excessive
use, or lack of maintenance; or
g)
any other similar conditions of disrepair, dilapidation, or deterioration.
"vacant
property"
means any real estate asset that is unoccupied and largely empty of personal belongings,
showing no ongoing daily activity or intent for immediate occupancy.
Interpretation
2.
The Interpretation Bylaw applies to the bylaw.
PART 2
-- PROPERTY STANDARDS
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
b.
Store a motor vehicle, boat, trailer or recreational vehicle
i.
Dismantled or broken up, or
ii. in a state of disrepair, including mould growth or one or more flat tires, unless the
motor vehicle, boat, trailer or recreational vehicle is in an enclosed building, not
including a temporary structure, and is not visible from another property
or public
place,
Accumulate building materials
for more than 15 days without a valid building permit, unless
the building materials
are stored in a closed building or structure such that the building
materials
are not visible from another property
or a public place,
Cause or permit any of the following to accumulate on the property:
i. An uncontrolled growth of vegetation,
ii. Cut tree branches,
iii. Dead leaves,
iv.
Fallen leaves,
v.
Dead bushes or other growth,
vi.
Unstacked firewood,
vii.
Dirt piles,
viii. Uncontained compost material,
Cause or permit graffiti to remain on a wall, fence or elsewhere on the property
thatis
visible from a public place,
Cause or permit grass, weeds or similar ground cover on the property to be over 10 inches in
height, or
Cause or permit the property
to be a source of food, protection or harbourage for rodents or
other similar animals that could cause a nuisance.
4.
An owner or occupier of a property
must ensure that
a.
a building or structure on the property
does not fall into such a state of disrepair that it
becomes unsightly
or creates a hazard, danger, nuisance, or inconvenience to the general
public
a fence, a retaining wall, or a wood tie located on the property
and adjacent to a streetor
public is not
i.
Unstable,
ii. Unsafe,
iii. Rotting,
iv.
Crumbling,
v.
Cracking,
vi.
Leaning,
vii.
Peeling, or
viii,
Rusting.
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
Littering
7.
A person
must not place, or cause to be placed, graffiti on a wall, fence, building or other structure
on or adjacent to a highway or a public place.
Dumping
8.
A person
must not dump, place, leave or deposit rubbish
or discarded materials
a.
in any public place, or
b.
On a property
without written authorization from the owner of the property.
9.
For the purposes of section 8, each separate
item or bag of rubbish
or discarded material constitutes
a separate
offence.
10. A person
who contravenes, directs, supervises or aids another person
in contravening section 8
must promptly
a. comply with a notice or direction of a bylaw enforcement
officer to remove or transport
the rubbish
or discarded materials to a transfer station
b. carry out related remedial steps, and
0. take remedial action to restore the affected area to the condition that itwas in before the
contravention of subsection (1) occurred.
Noxious Weeds
11. An owner of occupier of a property
must not cause or permit a noxious
weed to growor
accumulate on the property.
12. An owner or occupier of a property
that contains noxious
weeds
must eradicate the noxious
weeds.
Vacant Premises
13. An owner of a vacant
property
must ensure that the vacant
property
is secured against
unauthorized entry or occupation, vandalism or other intentional damage or a fire hazard by doing
one or more of the following:
a.
Affixinga structural barrier to windows and other points of ingress using materials and
installation that are effective in precluding easy entry;
b.
installing and maintaining security fencing or other perimeter barriers and a security lighting
system that does not impact neighbouring properties;
Installing a security alarm system;
Hiringsecurity or guard patrols on a frequent or periodic basis;
Preventing squatters from remaining on the property;
Utilizingor installing other security measures or devices that are satisfactory to a bylaw
enforcement
officer.
Snow Removal
Regulations
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
Boulevard
and Lane Maintenance
16. Every owner or occupier of real property
adjacent to a boulevard
or lane shall ensure that the
» portion of the boulevard
or lane adjacent to the real property
is kept clean and free of debris,
common and noxious weeds.
17. Every owner or occupier of real property
adjacent to a boulevard
or lane shall maintain all ground
covers and plant materials planted by the Village, developer, or property
owner, on adjacent
boulevards
or lanes.
18. Every owner or occupier of real property
adjacent to a boulevard
or lane shall ensure that the real
property
is kept free and clear, at all times, of excessive
weeds that are within one meter from the
border between the real property
and the adjacent boulevard
or lane, so as to prevent and control
the spreading of weeds to adjacent boulevards
and lanes.
19. No owner or occupier of real property
adjacent to a boulevard
or lane, or any other person,shall
deposit or cause, suffer or permit the deposit of any garden or vegetation waste material containing
weeds on or upon a boulevard
or lane adjacent to the real property.
Encroachment
of Highways, Pathways
and Lanes
20. No owner or occupier of real property
adjacent to a highway, pathway, or lane that borders on that
real property
shall allow for hedges or trees to encroach on the highway, pathway, or lane bordering
the real property.
Property
Noise
21. No person
shall make or cause, or permit to be made or caused, any noise in or on a street or
elsewhere in the Village that is liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public.
22. No owner or occupier or real property
shall allow or permit such real property
to be used sothat
noise or sound which emanates
therefrom is liable to disturb the quiet, peace, rest, enjoyment,
comfort, or convenience of individuals or the public.
23. No person
shall make, cause, or permit to be made or caused, noise or bass sound of a radio,
television, player, or other sound playback device, public address
system, or any other music or voice
amplification equipment, musical instrument, whether live or recorded, whether amplified or not, in or
on private property
or in any public space or street in such a manner that is liable to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience
of individuals or the public.
24. No person
shall own, keep or harbour any animal or bird which by its bark, cries or sounds is liable to
disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individualsor the public.
Construction
Noise
25. No person
shall make or cause, or permit to be made or caused any construction
noise that is
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons
in the vicinityexcept:
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
i.
Safety of the public or environment;
ii. Significant impacts to traffic on public roadways;
iii. Extreme heat conditions; or
b.
It is impossible or impractical to carry out, within those time restrictions:
i.
Excavation;
ii,
Concrete pouring or finishing;
iii. Dewatering;
iv.
Major structural or mechanical component
delivery or placement; or
v.
Relocation of a building.
28. A permit issued in accordance
with section 27 may be subject to terms and restrictions as deemed
necessary to mitigate the impact of the construction
noise on the adjacent neighbourhood. Such
terms and restrictions may include, but are not limitedto:
a.
Prior notification of the neighbourhood that would be affected;
b.
Restrictions on the type of work or activities performed; or
c.
restrictions on the use of heavy equipment and vehicles.
29. Notwithstanding any provisions of this bylaw, a person
may perform works of an emergency nature
for the preservation or protection of life, health, or property but the onus shall be on the person
performing the work to show that the work was of an emergency nature.
Dangerous
and Fallen Trees
30. The owner or occupier of real property
shall ensure that a dangerous tree does not remain onthe
real property
if it poses a risk of falling onto any public land, walking path, lane, or roadway.
31. The owner or occupier must immediately remove a dangerous tree, or, where notified by a bylaw
enforcement
officer, must remove the tree within the time specified
in the written compliance
order.
32. No owner or occupier shall permit a tree that has fallen from their real property
to remain on any
public land, walking path, lane, or roadway. The owner or occupier must remediate the situation
within 24 hours of the tree falling and must immediately notify the Village of theincident.
33, Despite section 32, where immediate remediation is not possible due to an emergency, including but
not limited to severe weather, unsafe site conditions, or the need to protect life or property,
the
owner or occupier shall take all reasonable
steps to secure the area and shall remediate the situation
as soon as it is safe and practicable to do so.
PART 3
-- FIRE PROTECTION
Fire chief may enter on and inspect
property
34. The fire chief may
a.
Enter on and inspect any property
for conditions that may
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
PART 4
- COMPLIANCE,ENFORCEMENT AND ENTRY
Compliance
Orders
35.
36.
37.
If,in the opinion of a bylaw enforcement
officer, the owner or occupier of a property
fails to comply
with a requirement of this bylaw, the bylaw enforcement
officer may issue a compliance order
requiring the owner or occupier to the property
into compliance with the bylaw within such time as
the bylaw enforcement
officer considers appropriate in the circumstances.
An order served under section 35 must state:
a.
The date the order was made;
The address or location affected by the order;
The provisions of this bylaw that the person contravened;
A description of the circumstances of the contravention;
An explanation of how to comply with the order;
f.
The date by which the person
must comply with the order;
A written notice issued under section 35 is deemed to be received by the owner oroccupier:
a.
Immediately upon it being personally served on the owner or occupier;
b.
Immediately upon acknowledgment via email from the owner or occupier of receipt ofthe
written notice via email;
0.
In relation to an owner located within the Province of BC, 7 days after being mailed by
regular mail to the address of the owner as indicated on the most current property
assessment
roll;
cl.
In relation to an owner located outside of the Province of BC, 10 days after being mailed by
regular mail to the address of the owner as indicated on the most current assessment
roll;or
e.
In relation to an occupier, 3 days after being posted in a visible location on the property
subject to the written notice.
Remedial Work
38. Ifthe owner or occupier fails to comply with the terms of a compliance order within the time period
set out therein, the Village, by its employee, agents, or contractors, may at all reasonable times and
in a reasonable
manner, enter the property
and bring about such compliance at the cost of the
occupier and/or owner of the property
from which the non--compliancewith this bylaw arises.
Cost Recovery
39. Ifthe Village is required to complete work to bring a property
into compliance all costs shall be
calculated and invoiced at actual expenses
incurred by the Village to achieve compliance with this
bylaw, including, without limitation:
a.
administrative costs;
b.
the cost to attend the property
by Village employees and contractors;
c.
the cost of equipment, removal, clean up, and disposal; and
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
Right of Entry
42. A bylaw enforcement
officer is authorized, at all reasonable times, to enter on any property
in
order to ascertain whether the regulations contained within this bylaw are being observed.
43. No owner of occupier of real property
shall hinder or obstruct a bylaw enforcement
officer in the
performance of their duties.
Penalty
44. Every person
who violates a provision of this bylaw or who permits any act or thing to be done in
contravention of this bylaw, or who fails to do any act or thing required by this bylaw, shall be deemed
to have committed an offence against this bylaw and:
a.
Shall be liable to a fine set our in the Village of Canal Flats Municipal Ticket Information, as
amended from time to time;
b.
Where a specific penalty has not been otherwise designated, shall be liable to a fine and/or
penalty provided under the Community Charter of not less than One Hundred Dollars($100)
and not more than Ten Thousand Dollars ($10,000), plus the costs of prosecution, and any
other order imposed pursuant to the Community Charter, or
c.
To pay any fees prescribed for the particular non--complianceset out in this bylaw; or
d.
Any combination of the above.
45. Each day that an offence against this bylaw continues shall be deemed a separate
anddistinct
offence.
46. Any penalty imposed pursuant to the bylaw shall be in addition to and not in substitution for any other
penalty or remedy imposed pursuant to this bylaw, along with any other applicable statute, law, or
legislation.
Repeat Service
Calls
47. Where a bylaw enforcement
officer or a member of the RCMP are required to respond to real
property
for more than three nuisance
service calls within any twelve (12) month period, the owner
of the real property
shall pay a Nuisance Abatement Fee for each nuisance service call in excess of
three with in any twelve (12) month period.
48. Despite section 46 of this bylaw, where legal title to the real property
is transferred, nuisance
service
calls occurring before the date the new owner obtains legal title to the real property
shall
not apply to the determination under section 46 of this bylaw whether Nuisance Abatement Fees are
payable or with respect to the amount that is payable.
49. Before the owner of a real property
is liable to pay a Nuisance Abatement Fee, the Village shall
provide written notice to the owner that:
a.
Describes the nature of the contravention or nuisance conduct, activity or condition;
b.
Advises the owner the Nuisance Abatement Fees and that such fees are in addition to the
Village's right to seek other legal remedies or actions for abatement of the nuisance or
contravention.
Village of Canal Flats Good Neighbour Bylaw No. 296, 2026
PART 5
-- RECONSIDERATION
Reconsideration
by Council
53.
54.
55.
56.
57.
58.
A person
may request that Council reconsider:
a.
The issuance or terms of a compliance order;
b.
Recovery of costs for remedial work performed by the Village or its contractors pursuant to
section 39; or
c.
A demand for payment of Excessive
Nuisance
Abatement
Fees;
by submitting a written request for reconsideration to the Village's Corporate
Officer within ten
(10) calendar days from receiving the compliance order, invoice for remedial work, or a demand
for Excessive
Nuisance
Abatement
Fees.
The request for reconsideration must include a description of the grounds upon which the request for
Council consideration
is being made.
Upon receipt of a compliant written request for reconsideration, the Corporate
Officer shall schedule
the time, date and place for Council to hear the matter.
Upon reconsidering the issuance
or terms of a compliance order or demand for payment of
Excessive
Nuisance
Abatement
Fees issued under this bylaw, Council may confirm, set aside, or
alter the order or demand, as it may deem appropriate in the circumstances.
PART 6
-- SEVERABILITY
Ifany part, section, subsection, paragraph or clause of this bylaw is held to be invalid by a court of
competentjurisdiction,
then that invalid portion shall be severed, and the remainder of this bylaw shall
be deemed to continue as valid and enforceable.
PART 7
-- REPEAL
Village of Canal Flats Unsightly Premise Bylaw No. 179, 2016 and Village of Canal Flats Noise
Control Bylaw No. 133, 2011, and any amendments thereto, are hereby repealed.
INTRODUCED AND READ a first time this 22ndday of June, 2026
READ a second time this 22ndday of June, 2026
READ a third time this 22'" day of June, 2026
RECONSIDERED AND FINALLYADOPTED this 13thday of July, 2026