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TOWNOFLADYSMITH
BYLAW NO. 2045
A bylaw to regulate film production activities in the Town of Ladysmith
The Council of the Town of Ladysmith, in open meeting assembled enacts as follows:
Interpretation
1. In this Bylaw, unless the context otherwise requires:
a) "emergency" means a present or imminent event or circumstance, inside or outside the
boundaries of the Town, that requires prompt action or resources of the Town to prevent
death, injury, damage to public infrastructure, environmental damage, disruption of
essential services or social or economic losses;
b) "essential service" means services vital to the health, well-being and essential needs of
residents and includes health care providers, pharmacies and government offices;
c) "Film Coordinator" means the Director of Development Services, the Director of
Infrastructure Services, the Corporate Officer, the Director of Financial Services the
Director of Parks, Recreation and Culture or the Chief Administrative Officer
d) "Filming Guidelines" means the guidelines for filming attached to and forming part of this
Bylaw as Schedule "A";
e) "film crew" means any person, other than a Town employee or Royal Canadian Mounted
Police (RCMP) officer, employed by or otherwise providing services to the film company
including contractors, actors, directors and production assistants;
f) "filming" means the production of a television show, movie, commercial or similar media and
any activities incidental to such production, but excludes filming for the purposes of
journalism or personal use;
g) "firearm" means a firearm as defined in the Criminal Code [R.S.C., 1985, c. C-46] as
amended/
h) "highway" means a highway as defined under the Transportation Act[SBC 2004] Chapter
44 as amended/
i) "local liaison" means a representative of the film company who has been given the authority
by the film company to coordinate film activities, work with the Town on behalf of the film
company, and pause, alter or stop filming activities if requested to do so by the Town;
j) "municipal property" means any land owned or otherwise controlled by the Town, and
includes highways, sidewalks, parks, statutory rights of ways, easements and property
leased by the Town;
"Film Bylaw 2021, No. 2045"
Page 2
k) "professional engineer" means a professional engineer as defined by the Engineers and
GeoscientistsActoi BC [RSBC 1996] Chapter 116, as amended;
I) "set" means, in the context of locations where filming occurs, any area where filming and
related activities are taking place and includes vehicle parking, "circuses", storage and
staging areas;
m) "student film" means a film production undertaken by one or more students enrolled in an
accredited educational institution that is produced primarily for academic use as a
requirement of the educational institution's curriculum;
n) "traffic control device" has the same meaning as in "Town of Ladysmith Streets & Traffic
Bylaw 1998, No. 1309", as amended or replaced from time to time; and
o) "travel-tourism film" means a film production intended to promote Ladysmith as a tourism
destination.
Film Permits
2. Any person proposing to carry out filming on:
a) municipal property; or
b) subject to section 124(13) of the Motor Vehicle Act[RSBC 1996] Chapter 318 as amended,
any portion of the Trans-Canada Highway that is within the boundaries of the Town;
must applyfor and be granted a valid film permit.
3. Filming occurring entirely on private property does not require a film permit, however, any
person proposing to carry out such filming shall notify the Town's Bylaw Department, the
Town's Fire Department and RCMP if filming will involve special effects, firearms or
pyrotechnics.
4. Film permit applications must be submitted to the Film Coordinator.
5. A film permit application shall be in the form prescribed by the Film Coordinator and must
include the supporting documentation and attachments specified from time to time by the Film
Coordinator necessary to determine whether the application complies with the requirements
of this Bylaw.
6. Where an application for a film permit is for filming on fee simple municipal property, a Licence
of Use is required inthe form prescribed by the Film Coordinatorfrom time to time.
7. Where the film permit application has met the requirements of this bylaw, including the Filming
Guidelines, the Film Coordinator is delegated the authority to:
a) approve the application for a film permit;
b) approve the application for a film permit conditions to at the sole cost of the applicant:
i) lessen the impacts of filming on the community, such as off-site highway closures,
traffic control and parking restrictions; and
ii) lessen the impacts of filming on the provision or alteration of municipal services;
c) enter into a Licence of Use for filming on fee simple municipal property;
"Film Bylaw 2021, No. 2045"
Page3
d) enter into agreements with the film company pertaining to copyrights and the use of
recordings;
e) in order to facilitate filming, place traffic control devices to give notice that parking is
prohibited;
f) tow or otherwise remove vehicles and other items from municipal property to facilitate
filming; and
g) authorize the provision of works and services provided by the Town.
8. Film companies must comply with the requirements of this bylaw, and any other applicable
bylaw of the Town and all applicable statutes, regulations, rules, codes, and all orders of a
federal, provincial or local government authorities having jurisdiction. The Town reserves the
right to revoke a film permit in the event of a contravention of this bylaw including the attached
guidelines, or any other applicable bylaw, statute or regulation.
9. The Town reserves the right to revoke a film permit or otherwise shut down filming, without
notice, in the event of an emergency. The Town is not responsible for any loss or damages
incurred by the film company resulting from an emergency shut down.
10. Afilm production that is applyingfor, or issued a film permit must comply with the requirements
in the Filming Guidelines attached to this bylaw as "Schedule A".
FEES AND BONDS
11. Fees for services and facilities provided by the Town are payable pursuant to "Town of
Ladysmith Fees and Charges Bylaw 2008, No.1644".
12. The Film Company is required to pay for all direct costs incurred by the Town for the use of its
land, facilities and services, including labour costs calculated in accordance with "Town of
Ladysmith Fees and Charges Bylaw 2008, No.1644".
13. Labour costs associated with services provided by the Town shall be calculated in accordance
with "Town of Ladysmith Fees and Charges Bylaw 2008, No. 1644".
14. Where in the opinion of the Film Coordinator filming may result in damages to public
infrastructure, the environment or municipal assets or create an unsafe condition, the Film
Coordinator may require a deposit, equal to 125% of estimated costs of repairing any damage
or correcting the unsafe condition.
15. Film permit application fees are payable at the time of application for a film permit and are non-
refundable. For all other fees, the estimated fee must be paid in advance, and the film company
will be will be refunded for any unused services.
16. Any quotes provided by the Town for services provided by the Town are non-binding. The Town
reserves the right to charge for its actual costs, as calculated in accordance with this bylaw and
the "Town of Ladysmith Fees and Charges Bylaw 2008, No. 1644".
Enforcement
17. The Film Coordinator may suspend or cancel a film permit where the permit holder has failed to
comply with the terms and conditions of the film permit or provisions of this bylaw.
"Film Bylaw 2021, No. 2045"
Page 4
18. A person who contravenes, violates or fails to comply with any provision of this bylaw, or who
suffers or permits any act or thing to be done in contravention or violation of this bylaw, or who
fails to do anything required by this bylaw, commits an offence and shall be liable upon
conviction to a fine of not more than ten thousand dollars ($10,000.00) and not less than two
hundred dollars ($200.00) the cost of prosecution and any other penalty or order imposed
pursuant to the Community Charter[SBC 2003] Chapter 26 as amended or the Offence Act
[RSBC 1996] Chapter 338, as amended. Each day that an offence against the bylaw continues
or exists shall be deemed to be a separate and distinct offence.
Severabilitv
19. If any part, section, subsection, clause or subclause of this bylaw is, for any reason held to be
invalid by the court of competent jurisdiction, such decision does not affect the validity of the
remaining portions of this bylaw.
Citation
20. This bylaw may be cited as "Film Bylaw 2021, No.2045".
READAFIRSTTIME
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Corporate Officer (D. Smith
"Film Bylaw 2021, No. 2045"
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SCHEDULE "A"
Town of Ladysmith Filming Guidelines
Purpose
The purpose of these guidelines in to ensure filming in Ladysmith supports the film industry without
unduly burdening the community, or creating unnecessary safety or environmental risks.
Compliance with these guidelines is necessary to obtain and maintain a film permit.
Background
Ladysmith's unique character and amenities make the community an excellent location for filming.
When properly managed, film productions bring economic benefits to the Town and surrounding
region. Ladysmith prides itself on its ability to provide a world-class venue forfilmingthrough small-
town resourcefulness and hospitality. Film companies are expected to plan and carry out filming
activities accordingly.
These guidelines were developed with the intention of balancing the needs of the film companies
with those of residents. They were developed considering processes and rules from other local
governments in BC, the experiences of the Town during past film productions and the unique needs
of the community. Subsequently, many requirements in these guidelines are unique to Ladysmith
and are necessary to ensure film productions are accepted and welcomed into the community. By
understanding and following these guidelines, film companies can expect efficient, high-quality
service from the Town and the support and excitement of the community.
Interpretation
For the purposes of these Guidelines, any reference to "film company" includes a reference to any
person who has obtained or has applied to obtain a film permit.
Guidelines
Permit applications
1. A film permit application must be submitted to the Development Services Department a
minimum of five business days prior to filming.
2. All film companies should notify the Film Coordinator of filming proposals as soon as
possible. As a small community, it can be difficult for Ladysmith to accommodate film
productions on short notice. Large productions, or productions requiring extensive use of
Town facilities and resources, should notify the Film Coordinator at least 20 days in advance
offilming.
General Requirements
3. Filming must not:
a. compromise the safety of participants or the public;
b. pose a risk to the environment;
c. unreasonably disrupt essential services; or
d. unreasonably disrupt municipal services, or special events.
"Film Bylaw 2021, No. 2045"
Paged
4. Filming must not generate undue negative impacts on residents and businesses, such as
service disruptions, extended highway or public parking closures or noise and other
nuisances.
5. As a condition of any permit issued under this bylaw, the film company is responsible for:
a. maintainingfilming areas in a clean condition;
b. any required cleanup and restoration followingfilming;
c. the cost of correcting any damage or unsafe condition directly resulting from filming;
d. the cost of repairing or replacing any damaged or missing Town equipment resulting
from filming; and
e. ensuring the professional and appropriate conduct of the film crew.
6. Filming must generate a zero net increase in costs to the Town. All services provided to the
film company by the Town before, during and after filming will be provided on a cost
recovery basis. All costs incurred by the Town as a result of filming will be charged to the
film company.
Firearms and pvrotechnics
7. Filming involving pyrotechnics or similar fire risks may require the approval of the
Ladysmith Fire Department.
8. The use of firearms or replica firearms, may require the written approval of the RCMP.
9. Where in the opinion of the Film Coordinator potential emergencies arising from filming
activities may exceed the capabilities of the Town's emergency services, the film company
will be required to provide an emergency response plan and additional emergency response
resources, at their cost, and to the satisfaction of the Film Coordinator.
Hishwav, parkine and sidewalk closures and trafficcQntrQl
10. A traffic management plan approved by the Film Coordinator is required for any filming that
will include:
a. full or partial closure to vehicle traffic on any highway within the Town; or
b. vehicle traffic control on any highway within the Town.
11. Traffic control services are not provided by the Town. Where filming will include highway
closures or traffic control, the film company must provide certified traffic control
technicians in accordance with an approved traffic management plan at the film company's
cost.
12. Filming affecting traffic along the Trans-Canada Highway requires approval of the Ministry
of Transportation and Infrastructure (MOTI). The film company must obtain MOTI approval
and submit MOTI authorization prior to issuance of a film permit.
13. Filming affecting public transit requires the approval of appropriate transit authorities
including the Province, Regional District of Nanaimo and the Cowichan Valley Regional
District. The film company must obtain transit authority approval and submit transit
authority authorization prior to issuance of a film permit.
"Film Bylaw 2021, No. 2045"
Page?
14. Filming must not obstruct access by emergency vehicles. Sets and equipment on a highway
must facilitate emergency access or alternative access must be arranged and provided in
advance. The Town reserves the right to damage, destroy or move any set or filming
equipment, reopen a highway closed for filming or otherwise halt or disrupt filming in the
provision of emergency services and bears no responsibility for any resulting cost incurred
by the film company.
15. Highway closures must not disrupt essential services. A film company may be required to
provide, at their cost, alternative service arrangements or written endorsement from the
essential service provider.
16. A film permit may require traffic control or highway closures in excess of those requested
by the film company to be provided at the film company's cost.
Structures and build! ne alterations
17. Temporary structures or buildings will not require a building permit, development permit or
rezoning. Temporary alterations to existing buildings or structures may require a building
permit pursuant to the Town's building bylaw, but will not require a development permit or
rezoning.
18. Where Guideline 17 exempts a temporary building or structure from the requirement to
obtain a building permit that would otherwise be required under the "Ladysmith Building
and Plumbing Bylaw 1994, No. 1119" as amended, the Film Coordinator may require
written assurances from a professional engineer that the works will be designed and
constructed in accordance with good engineering practice, are safe for the use intended and
do not pose a risk to users, occupants or the public
19. To promote environmental sustainabiiity and good will from local residents and businesses,
film companies are encouraged to incorporate set features that create a lasting benefit to
the Town such as new awnings, building paint, signage, street furniture and parks and
playground equipment. Set features of this type will be subject to the following
requirements:
a. Where additional permits are required (e.g. building permit or development permit)
the film company may submit these applications, together with the required fees and
property owner authorization, in conjunction with a film permit application.
b. To expedite filming, the Town may issue a film permit authorizing these works as
temporary works under Guideline 17 while additional permits are under review. The
Town may issue additional permits to the property owner after filming has ceased. If
no additional permits are issued, the film company must remove the works.
c. The Town may require a deposit when a film permit is issued to cover fees payable
when additional permits are issued (e.g. development cost charges, landscape bonds
etc.) orfor demolition costs if additional permits cannot be issued.
Public Notification
20. Where in the opinion of the Film Coordinator, filming is expected to result in extensive or
lengthy disruptions to residents and businesses, the Film Coordinator may require a film
"Film Bylaw 2021, No. 2045"
Page 8
company to prepare a joint communications plan with the Town.
21. The film company must make reasonable
efforts to obtain written consent of affected
property owners and tenants if filming will:
a. block any pedestrian or vehicle access
or egress serving private property such
as a driveway or door;
b. block, interfere with or render unusable
any feature intended to provide access
or egress to private property for
persons with disabilities;
c. create a nuisance on private property as
defined in "Ladysmith Nuisance
Abatement Bylaw 2015, No. 1893" As
amended.; or
d. disconnect or disrupt electrical, water,
gas, telephone, internet, solid waste
collection, transit, sewer or similar
services to private property.
Figure 1: Example of when owner con sent is required
22. The Film Coordinator may issue a film permit if thefilm company is unable to obtain consent
under Guideline 21 if, in the opinion of the Film Coordinator, all reasonable attempts to
obtain consent were made and impacts to property owners and tenants have been
adequately addressed or are negligible.
23. It is recommended that, prior to filming, film companies notify the Ladysmith Downtown
Business Association (if filming in the downtown) and the Ladysmith Chamber of Commerce
and make a presentation to Council.
24. The film company is responsible to provide public notification, to the satisfaction of the Film
Coordinator, as follows:
a. Written notice must be delivered to all adjoining tenants and owners where any
highway, parking or sidewalk fronting their property will be closed for filming
activities.
b. Filming involving the closure or extensive use of municipal property open to the
public, other than a highway, requires signage posted at all commonly-used
public entrances or other conspicuous locations.
c. For an intensive or lengthy disruption to a neighbourhood, the Film Coordinator
will require written notification to all properties within 60 meters of areas where
filming is occurring.
d. All notifications and signage shall include:
i. the name of the film company;
ii. the name, phone number and email address of the film company; and
iii. the date(s) and time(s) the film company will be working in the area with
a brief description of what the activity and the impacts will be on those
receiving the notice.
"Film Bylaw 2021, No. 2045"
Page 9
e. Written notification shall be delivered and signage shall be posted no less than
three days prior to filming. For an intensive or lengthy disruption to a
neighbourhood, the Film Coordinator may require notification to be delivered
more than three days prior to filming.
Local Lislson
25. The film company must designate a local liaison.
26. The local liaison must:
a. provide to the Film Coordinator an email address and mobile phone number
where the local liaison can be reached during filming;
b. be within Ladysmith and available by mobile phone duringfilming, setup and tear
down; and
c. be available for site meetings or inspections that may be required by the Town
to complete its reviewof the application or in an emergency.
27. The Town reserves the right to provide the contact number for the local liaison to members
of the public with questions or concerns about filming activities.
Vehicles and Mobile Equipment
28. All vehicles and equipment used by the film company must display a clearly visible sign or
tag with the name of the film company and the name and phone number of either the film
company or the operator of the equipment or vehicle.
29. Vehicles parked on highways open to the public must be parked pursuant to the Town's
bylaws and the Motor Vehicle Act. The Town reserves the right to ticket or tow vehicles that
have been parked contrary to the conditions Town bylaws, including in areas that have been
marked with traffic control devices pursuant to section 8(e) of the Film Bylaw.
30. The Film Coordinator may authorize the towing of vehicles left on municipal property when
filming is scheduled to occur provided that:
a. the film company has posted notice prior to filming, indicating that vehicles may be
towed; and
b. the costs of towing, impound and other fees will be covered by the film company.
Works and Services on Municipal Property a nd Assets
31. Unless otherwise approved by the Film Coordinator, works on municipal property, assets
and infrastructure, such as sign and street furniture removal and snow removal must be
done by Town work crews at the cost of the film company.
32. A film permit application must include a list of works under Guideline 31. The Town will
determine staffing and equipment requirements or authorize the film company to complete
the works.
33. If Town employees will be present on the set, the film company must account for the
"Film Bylaw 2021, No. 2045"
Page 10
presence of Town staff in its workplace health and safety plan and the Town may request a
copy of the film company's workplace health and safety plan.
Community Contributions
34. Film companies are encouraged to work with and support local not-for-profits, impacted
residents and businesses and business associations to create goodwill within the
community. The Film Coordinator can provide lists of organizations that can support filming
in the community.
35. A portion of film permit fees will be deposited into the Town of Ladysmith's Filming Reserve
Bylaw. Funds from this reserve are used to attract and promote filming in Ladysmith. Film
companies may also make voluntary contributions to this reserve.
Insurance and Indemnification
36. A film permit shall contain an indemnification clause indemnifying and saving harmless the
Town from all claims, arisingfrom in connection with the film production.
37. A film permit must be signed by an authorized representative of the film company.
38. The film company must provide proof of insurance with a minimum coverage limit of
$5,000,000 Commercial General Liability insurance against third party claims for bodily
injury, death, property, and loss of use.
39. For higher risk filming activities the Film Coordinator may require, higher coverage.
40. All required insurance policies must include:
a. across liability clause;
b. an additional insured endorsement naming the Town of Ladysmith, its elected
officials,, employees, officers, agents and volunteers as "Additional Insured"
with respect to liability arising out of the activities conducted by or on behalf of
the named insured; and
c. 15 days written notice for cancellation or any material change that will reduce
the coverage of the policy.
41. Prior to the issuance of a film permit the film company must provide:
a. a completed copy of the Town's Standard Insurance Certificate as prescribed by
the Film Coordinator from time to time; and
b. proof of current WorkSafe BC registration and coverage.