North Cowichan, British Columbia
· No. 2261
· adopted 1989-03-15
· summary & facts
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Highway Use Bylaw
Bylaw 2261
CONSOLIDATION
This consolidation is a copy of a bylaw consolidated under the authority of section 139 of the
Community Charter and in accordance with section 1 of Consolidation and Revision Authority
Bylaw 3514, 2013.
Current to September 14, 2026
Last amended on September 2, 2026
This Bylaw has been consolidated and printed under and by authority of the Corporate
Officer for the Corporation of the District of North Cowichan.
2
LIST OF AMENDMENTS
Bylaw Number
Description of Amendment
Effective Date
(YYYY-MMM-DD)
2799
Delete and replace sections 5 and 6
1995-Apr-05
2904
Delete and replace section 6(2)(d)
1996-Oct-16
2917
Delete and replace section 5(2)(e)
1997-Mar-05
2951
Delete and replace section 5(1)
1997-Dec-17
3102
Striking out and replace section 10
2001-Jun-06
3409
Repeal section 14 and substitute
2010-Mar-17
3443
Repeal section 5(2)(e) and substitute
2011-Apr-06
3470
Replace dollar value from sections 5(2)(e); 6(2)(c); 10(2)(b); 15(2) with
"Fees Bylaw"
2012-May-16
3548
Miscellaneous title changes
2014-Jul-16
3567
Repeal section 8 and substitute; and miscellaneous title changes
2015-Dec-16
3624
Section 2 amended - repeal subsections 1 and 2, title change to
subsection 3; section 13 amended - repeal subsection 2 and
substitute
2016-Dec-07
3638
Repeal section 4 and substitute; repeal section 14 and substitute
2017-Mar-01
3700
Amend "Highway Use Bylaw 1988, No. 2261" to "Highway Use Bylaw";
repeal section 1
2018-Jul-18
3936
Add section 9.1 and subsection (1.1) under section 10 [to regulate the
public use of municipal sidewalks
2024-02-07
4088
To enhance fire safety administration and enforcement - by
amending section 8
2026-09-02
3
The Corporation of the District of North Cowichan
Highway Use Bylaw [BL 3700]
Bylaw 2261
Contents
1
Title
2
Interpretation
3
Protection of highways
4
Construction on highways
5
Construction permits
6
Highway access permit
7
Opening highways
8
Temporary closures
9
Interference with traffic
10 Merchandise on highways
11 Animals on highways
12 Extraordinary traffic
13 No-heavy-truck routes
14 Sidewalk and boulevard maintenance
15 Removal of chattels or obstructions
16 Inspection and Weighing
17 Offences
WHEREAS the Council is authorized pursuant to Division 2 of Part 13 of the Municipal Act to regulate
the use of highways, and related activities, within the Municipality;
NOW THEREFORE, the Council of The Corporation of the District of North Cowichan, in open meeting
assembled, enacts as follows:
Title
1
[Repealed; BL3700]
Interpretation
2
(1)
Repealed; [BL3624].
(2)
Repealed; [BL3624].
(3)
In this Bylaw:
"boulevard" means the area between the curb lines or the lateral boundary of a
roadway and the adjacent property boundary;
4
"boulevard crossing" means any curbing, paving, bridge, pipe, or other structure or
improvement which is installed on a boulevard to provide or facilitate access to and
from the roadway for adjacent property;
"Council" means the Council of the Municipality;
"Director of Engineering and Operations" means the person so appointed by the
Chief Administrative Officer;
"extraordinary traffic" includes carriage of goods or persons over a highway whether
in vehicles driven by animal power or propelled by other means, that in conjunction
with the nature or the existing condition of the highway is so extraordinary or improper
in the quality or the quantity of the goods or the number of persons carried, or in the
mode or time of use of the highway, or in the speed at which the vehicles are driven or
operated as, in the opinion of the Council, substantially alters or increases the burden
imposed on the highway through its proper use by ordinary traffic, and causes damage
and expense to the highway beyond what is reasonable or ordinary;
"Fire Chief" means the Fire Chiefs as appointed by Council in the Municipality;
"heavy truck" means a commercial vehicle having a gross weight, including its load, in
excess of 10 900 kg;
"Manager of Operations" means the person so appointed by the Chief Administration
Officer;
"Municipality" means The Corporation of the District of North Cowichan or the area
within the boundaries of the Corporation of the District of North Cowichan, as the
context requires;
"owner" in respect of a vehicle means the person who holds legal title to the vehicle, a
conditional purchaser, lessee or mortgagor in possession of the vehicle, or the person
in whose name the vehicle is registered;
"public service vehicle" means a vehicle owned or operated by the Municipality or the
Federal, Provincial, or Regional district government;
"roadway" means the portion of a highway that is improved, designed, or ordinarily
used for vehicular traffic, excluding the shoulder of the highway;
"shoulder" means the portion of a highway between the lateral boundary of the
roadway and the closest parallel ditch or sidewalk, or if there is no ditch or sidewalk,
the area within 2 m of the roadway;
"sidewalk" means an area, improved for the use of pedestrians, between the lateral
boundary of a roadway and the property adjacent to the highway;
"street line" means the boundary line between any private property, or any property
not a highway, and the adjoining highway;
"traffic control officer" means any officer or employee of the Municipality whose
duties include the regulation or control of traffic or parking within the Municipality, and
a peace officer employed by any agency. [BL3548; BL3624]
5
Protection of highways
3
(1)
No person shall obstruct or foul any portion of a highway by depositing or permitting
the deposit of any oil water, glass, metal, rock, soil, refuse, debris, or any other thing on
a highway.
(2)
Where any material or substance of any nature spills or falls from a vehicle onto a
highway, the driver of the vehicle shall immediately remove that material or substance
from the highway, taking all necessary traffic safety precautions.
(3)
The person responsible for removing a vehicle involved in an accident shall
immediately remove all glass, metal, dirt, and debris deposited on the highway as a
result of the accident.
(4)
No person shall stand or park a vehicle on a highway for the purpose of washing,
fueling, maintaining, or repairing that vehicle, except as necessitated by an emergency.
(5)
No person shall construct or maintain any ditch, drain or sewer, effluent from which
causes damage, fouling, nuisance, or injury to any portion of a highway.
(6)
No person shall drag logs or timber on or over a highway.
(7)
No person shall drive or operate a vehicle equipped with treads having flanges, lugs,
spikes, or cleats on any concrete or asphalt surfaced roadway or on a boulevard.
Construction on highways
4
Except as authorized by a permit under section 5, or to comply with section 14 (2), no person
may do the following:
(a)
excavate in, on or under a highway;
(b)
encumber, injure or damage a highway;
(c)
construct, place or maintain a structure, building, sign, fence or other thing in,
on or over a highway;
(d)
plant a tree or shrub in a boulevard;
(e)
remove or interfere with a curb, sidewalk or highway surface;
(f)
cut down or remove a tree, shrub, plant, bush or hedge on a highway;
(g)
change the level of a highway;
(h)
stop or obstruct the flow of water in a ditch, drain, sewer or culvert on or under
a highway. [BL3638]
Construction permits
5
(1)
Despite section 4 of this Bylaw, the Director of Engineering and Operations may issue a
permit authorizing a person to carry out any work, undertaking, or construction on,
over or under a highway, upon application by that person to the Director of
Engineering and Operations.
(1.1)
It is an offense to fail to observe the conditions of a construction permit.
(2)
An application for a highway construction permit shall include the following:
6
(a)
detailed plans and specifications of the work to be undertaken, including a
timetable for construction and a completion date;
(b)
a refundable deposit of 150% of the estimated cost of the works in the form of
cash, certified cheque, or letter of credit to be used by the Municipality to meet
the cost of repairing any damage which may be done to the highway during the
proposed work, and the cost of completing any portion of the proposed work
left incomplete by the applicant;
(c)
an indemnification and release of the Municipality from and against all claims,
damages, and costs which may arise out of the proposed work;
(d)
proof of public liability and property damage insurance in the amount of one
million dollars including the Municipality as an additional named insured;
(e)
payment of the permit fee prescribed in the Fees Bylaw to cover processing and
inspection costs.
(3)
Upon receipt of a completed application, the Director of Engineering and Operations
may issue a construction permit where the proposed work, undertaking, or
construction is not detrimental to the public interest, taking into account the nature of
the highway, existing and anticipated traffic, and benefit or inconvenience to the
travelling public.
(4)
No highway construction permit shall be issued for works which would relocate, divert,
close, or re-open a highway.
(5)
The security deposit for a highway construction permit shall be forfeited to the
Municipality where the proposed work is not completed by the time set out in the
application, or where damage is done to a highway in the course of the work, in the
amount necessary to complete the work or repair the damage or to sweep the affected
highway. [BL2799; BL2951; BL3470; BL3548]
Highway access permit
6
(1)
No person shall construct a boulevard crossing, including a curb, ditch, or sidewalk
crossing, a driveway or other access to or from a highway without first obtaining a
highway access permit from the Director of Engineering and Operations.
(2)
An application for a highway access permit shall include the following:
(a)
a detailed site plan showing the proposed access location and grade;
(b)
an indemnification and release of the Municipality from and against all claims,
damages, and costs which may arise out of the proposed work;
(c)
payment of the permit fee prescribed in the Fees Bylaw to cover processing and
inspection costs;
(d)
payment of a refundable deposit of $500 per lot or unit to a maximum of $2000
in the form of cash or certified cheque to be used by the Municipality to ensure
that driveways are constructed to specification, and to meet the cost of
repairing any damage which may be done to the highway during the proposed
work;
7
(e)
payment of a non-refundable deposit of $50 in cash or certified cheque, for a
residential one or two family access, to be used by the Municipality to sweep
the affected highway;
(f)
payment of a fee, equal to the amount of the actual costs of sweeping the
affected highway, less the non-refundable deposit used by the Municipality to
sweep the affected highway, where the actual cost is greater than the non-
refundable deposit.
(3)
The Director of Engineering and Operations may issue a highway access permit where
the proposed work, undertaking, or construction is not detrimental to the public
interest, taking into account the nature of the highway, existing and anticipated traffic,
and benefit or inconvenience to the travelling public.
(4)
No highway access permit shall be issued for an access located within 7 m of the
intersection of any two highways or within 7 m of an approved stop sign, measured
parallel to the street line, whichever is greater. [BL2799; BL2904; BL3470; BL3548]
Opening highways
7
No person other than the Municipality or other governmental agency shall open up, construct,
or develop any unimproved highway.
Temporary closures
8
The Fire Chief, Director of Engineering and Operations, Manager of Operations, or Duty
Foremen may temporarily restrict or prohibit all or some types of traffic on a highway, in
relation to the following:
(a)
hazardous or impassable conditions on or near a highway;
(b)
construction on or adjacent to a highway;
(c)
installation, maintenance or removal of utilities;
(d)
a parade, festival or block party;
(e)
television or movie filming. [BL3548; BL3567]
(f)
emergency scene or training activities [BL4088]
Interference with traffic
9
Except as authorized by a permit under this Bylaw, no person other than the Director of
Engineering and Operations, Manager of Operations, a school patrol officer, or a traffic control
officer shall control, detour, distract, or interfere with traffic on a highway, or attempt to
control, detour, distract, or interfere with traffic on a highway by any means, including use of
flagmen, signs, barricades, or other physical obstructions. [BL3548; BL3567]
9.1
No person shall engage in any sport, amusement, exercise or occupation on a sidewalk or
walkway or stand, walk, run or loiter in such a manner as to unreasonably obstruct, impede or
interfere with the free passage of another person on a sidewalk or walkway. [BL3936]
Merchandise on highways
10
(1)
No person shall place or cause to be placed any merchandise, chattel, or wares of any
nature on any highway, including a sidewalk, walkway, or boulevard, for the purpose of
8
sale or display for sale, without a permit issued by the Director of Engineering and
Operations. [BL3102; BL3548]
(1.1)
No person shall place or cause to be placed any materials, objects, structures, chattel,
obstruction, vehicle or other thing that is, or is likely to be, a nuisance, or hinders,
interferes, or obstructs the free use of a highway, sidewalk or boulevard. [BL3936]
(2)
Where a sidewalk is wide enough, the Director of Engineering and Operations may
issue an annual permit to display merchandise on a sidewalk, provided the applicant
(a)
provides proof of liability insurance, in the amount of $2 million, naming the
Municipality as an additional named insured, and
(b)
pays annual permit fee prescribed in the Fees Bylaw.]
(3)
The Director of Engineering and Operations shall send a copy of each permit issued for
a sidewalk display in Chemainus, to the Chemainus and District Chamber of Commerce,
for its information. [BL3102; BL3470; BL3548; BL3936]
Animals on highways
11
(1)
No person shall permit any animal owned or controlled by that person to be at large
on a highway.
(2)
No person shall ride or lead any animal other than a dog or cat on a sidewalk.
(3)
No person shall tie or fasten any horse or other animal to any traffic control device,
parking meter, tree, or other object on a highway.
Extraordinary traffic
12
Where in the opinion of the Director of Engineering and Operations a highway is liable to
damage through extraordinary traffic, he may regulate, limit, or prohibit the use of a highway
by a person operating or in charge of the extraordinary traffic, or owning the goods carried by
it or the vehicles used in it, provided that no order of the Director of Engineering and
Operations under this section shall take effect until filed with the Director of Corporate
Services. [BL3548]
No-heavy-truck routes
13
(1)
Council may by resolution designate "no-heavy-truck routes" and no person shall drive
or use any heavy truck on them at any time.
(2)
This section does not apply to
(a) public service vehicles,
(b) buses used for school or public transportation,
(c) tow trucks engaged in responding to an active call for service, or
(d) heavy trucks engaged in
(i) construction, repair, or maintenance of the no-heavy-truck route,
(ii) collection and delivery of goods, or
(iii) provision of an essential service to property fronting on a no-heavy-truck route.
[BL3624]
9
10
Sidewalk and boulevard maintenance
14
(1)
An owner or occupier of real property bordering a sidewalk must remove all snow, ice,
or rubbish from that portion of a sidewalk adjacent to their property within 48 hours of
the accumulation of snow or ice, or placement of rubbish on the sidewalk.
(2)
An owner or occupier of real property bordering a boulevard must, with respect to the
boulevard, do the following:
(a)
maintain the area in a safe and tidy condition,
(b)
ensure that landscaping is maintained to a similar standard as their adjacent
property;
(c)
water vegetation, other than noxious weeds, to ensure its sustained growth and
health;
(d)
remove noxious weeds;
(e)
not allow a hazardous or potentially hazardous situation to develop or remain;
(f)
maintain visible sight lines to adjacent intersections, driveways, sidewalks, lanes
and traffic control devices;
(g)
not allow garbage, debris, or discarded materials to accumulate.
(3)
Subsection (2) (a) to (f) does not apply to a boulevard that is
(a)
adjacent to an arterial highway under section 45 of the Transportation Act, or
(b)
deemed by the Director of Engineering and Operations as too steep or difficult
to safely access or maintain. [BL3638]
Removal of chattels or obstructions
15
(1)
Any chattel (including without limitation a vehicle or sign) or obstruction unlawfully
occupying a portion of a highway or public place may be removed, detained, and
impounded by the Director of Engineering and Operations, the Manager of Operations,
or a traffic control officer.
(2)
Chattels removed from highways or public places may be returned to the owner upon
payment of the removal fee and impoundment fee prescribed in the Fees Bylaw.
(3)
Where a chattel has not been claimed and fees paid within 30 days of impoundment,
the chattel may be sold at public auction and the funds received from the sale of the
chattel shall be applied first to the cost of the sale, second to the removal and
impoundment fees, and the balance shall be payable to the owner of the chattel. If no
bids are received, the chattel may be destroyed or otherwise disposed of by the
Director of Engineering and Operations. [BL3470; BL3548; BL3567]
Inspection and weighing
16
A traffic control officer may make orders concerning measurement, weighing, or inspection of
a vehicle and the owner or operator of the vehicle shall comply with the directions of a traffic
control officer as a measurement, weighing, or inspection of a vehicle for the purpose of
ascertaining compliance with the Bylaw.
11
Offences
17
Any person who does anything prohibited by this Bylaw, or fails to do anything required by it,
commits an offence and is liable upon summary conviction to a fine not exceeding $2 000, to
imprisonment not exceeding 6 months, or to both.
18
[Repealed; BL3567].
Read a first time on August 17, 1988.
Read a second and third time on October 5, 1988.
Approved by Minister of Transportation and Highways on March 8, 1989.
Adopted on March 15, 1989.