This is the exact embedded text of the captured official document.
Snapshot e50a0428e509 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
BUSINESS LICENCE BYLAW, 1988 (No. 3603)
Consolidated for Convenience Only
This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and application of the bylaws of this subject.
Consolidated up to March 9, 2026 to include Bylaws:
3726
Adopted Nov, 9, 1992
3922
Adopted Oct. 28, 1996
4062
Adopted Nov. 22, 1999
4658
Adopted Dec. 14, 2015
4924
Adopted Mar. 9, 2026
2
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3603
A Bylaw to require a licence for the carrying on of business and
to fix and impose business licence fees
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
enacts as follows:
1.
(1)
In this Bylaw, the expressions used shall have the respective meanings assigned to them in the
Municipal Act, except as specifically set forth in this Section or where the context otherwise
requires.
(2)
In this Bylaw, except where the context otherwise requires,
(a)
"AMUSEMENT CENTER" includes a building or part thereof which is used for the
entertainment of the public through the provision of pinball or video game machines or
other amusement vending machines where the number of tables and games independently
or together is four (4) or greater;
(**Bylaw 4658, adopted Dec.14/15)
(b) "BUSINESS" means the carrying on of a commercial or industrial undertaking of any
kind or nature or the providing of professional, personal, or other service for the purpose
of gain or profit, but does not include any activity carried on by the government, its
agencies or government owned corporations, or by a charitable, philanthropic or religious
organization where the whole of the proceeds of the activity are used solely for charitable,
philanthropic or religious purposes;
(**Bylaw 4658, adopted Dec.14/15)
(c)
"COMMERCIAL" means any business other than a home craft, home office, inter-
municipal, daily or non-resident business;
(**Bylaw 4658, adopted Dec.14/15)
(d) "COMMUNITY CHARTER" means the Community Charter, SBC 2003, c. 26, as
amended from time to time;
(**Bylaw 4658, adopted Dec.14/15)
(e)
"CORPORATION" means The Corporation of the District of Oak Bay;
(f)
"COUNCIL" means the Municipal Council of the Corporation;
(g) "DAILY LICENCE" includes craft fairs, exhibitions or other itinerant shows or
entertainment;
(**Bylaw 4658, adopted Dec.14/15)
(h) "DIRECT SELLER" means every person personally selling or soliciting the sale of
books, magazines or periodicals, whether of an educational nature or not, or selling any
other goods, wares or merchandise, or contracts for repairs, renovations or any other
service whatsoever, either on his own behalf or as an agent for another, from door to door
within the Municipality;
(i)
"HOME CRAFTS" means a business carried on as a home occupation use within a
residence in which articles are made by hand, including jewellery, dolls, wood crafts,
stuffed animals, artwork, toys, greeting cards, candles, soap, flower arranging, and
3
clothing;
(**Bylaw 4658, adopted Dec.14/15)
(j)
"INTERMUNICIPAL BUSINESS LICENCE" means a business licence which authorizes
a business to be carried on within the boundaries of the Participating Municipalities, for
the classes of businesses described in Schedule "C" to this Bylaw.
(**Bylaw 4062, adopted Nov.22/99)
(k) "LICENCE INSPECTOR" means the person appointed by the Council to collect licence
fees and to administer this Bylaw;
(l)
"MUNICIPALITY" means the District Municipality of Oak Bay;
(m) "NON-RESIDENT BUSINESS" means a business, other than a resident business, carried
on in the Municipality or with respect to which any work or service is performed in the
Municipality;
(**Bylaw 4658, adopted Dec.14/15)
(n) "PARTICIPATING MUNICIPALITY" means the District of Oak Bay, the District of
Central Saanich, the City of Colwood, the Township of Esquimalt, the District of
Langford, the District of Metchosin, the District of North Saanich, the District of Saanich,
the Town of Sidney, the City of Victoria, and the Town of View Royal, and any other
municipality that becomes party to an agreement with the District of Oak Bay for the
offering of intermunicipal business licences;
(**Bylaw 4062, adopted Nov.22/99)
(o) "PERSON" includes a corporation, partnership or proprietorship;
(p) "RESIDENT BUSINESS" means a business carried on in or from premises in the
Municipality;
(**Bylaw 4658, adopted Dec.14/15)
(q) "VENDING MACHINE" means any coin-operated machine or device for the purpose of
dispensing goods, wares, merchandise or service; but shall not include such machines or
devices that may be operated by charitable organizations.
(3)
In this Bylaw, unless the context otherwise requires, wording importing the singular number or
masculine gender shall include the plural or feminine gender, and the converse shall also apply.
2.
Every person owning or operating any business carried on within the Municipality shall hold a valid
and subsisting business licence issued by the Licence Inspector or, for Intermunicipal Business
Licences, by a Participating Municipality, and shall, in the case of a licence issued by the
Corporation, pay in advance to the Corporation the annual licence fee for such class of business as set
out in the Schedules appended to and forming a part of this Bylaw.
(**Bylaw 4062, adopted Nov.22/99)
3.
(1)
Every person applying for a business licence shall complete the application forms supplied by
the Licence Inspector for such purpose.
(**Bylaw 4062, adopted Nov.22/99)
(2)
An application for the first time, or for a transfer of a business licence, shall be signed by the
owner or operator of the business or his duly authorized agent, provided that in the case of
partnerships or multiple owners, any one of such partners or owners may apply and such
partner or owner shall be deemed to be duly authorized by all the partners or owners.
4
(**Bylaw 4062, adopted Nov.22/99)
(3)
The application form shall be delivered to the Licence Inspector and shall be accompanied by
the fee prescribed by Schedule "B" for the class of business, as shown in Schedule "A", in
respect of which the application is made, with the classification of the business to be
determined by the Licence Inspector.
(**Bylaw 4658, adopted Dec.14/15)
(4)
Where a business is carried on, in or from a premise within the Municipality and also provides
services within other municipalities, the owner or operator must obtain a business licence for
the premises and an inter-municipal business licence.
(**Bylaw 4658, adopted Dec.14/15)
(5)
Provided that there has been no change in any of the particulars of the business as noted on the
original application form, and without derogating from the authority to refuse, suspend, cancel
or impose terms and conditions with respect to a business licence under this Bylaw and the
Community Charter, an application form is not required to renew an existing business licence.
(**Bylaw 4062, adopted Nov.22/99)
(**Bylaw 4658, adopted Dec.14/15)
(6)
It is an offence under this Bylaw to provide incorrect or misleading information on an
application for a business licence.
(**Bylaw 4658, adopted Dec.14/15)
4.
(1)
The Licence Inspector is empowered to grant, renew, refuse, suspend or cancel a business
licence subject to the provisions of this Bylaw and the Community Charter, and may impose
reasonable terms and conditions on the granting or renewal of a business licence.
(**Bylaw 4062, adopted Nov.22/99)
(**Bylaw 4658, adopted Dec.14/15)
(2)
Business licences shall be issued for a one year period commencing on the first day of January
and terminating on the thirty-first day of December in each and every year. The annual licence
fee prescribed herein shall be reduced by one-half in respect of a business that becomes liable
to be licensed after the thirtieth day of June in any year. No licence fee or part thereof shall be
refundable.
(**Bylaw 4658, adopted Dec.14/15)
(3)
The Licence Inspector may require that an applicant for a licence provide proof of certification,
approval or qualification required by a federal, provincial or local government authority having
jurisdiction over the proposed business.
(**Bylaw 4658, adopted Dec.14/15)
(4)
For a business proposed to operate out of premises located in the Municipality, no business
licence shall be issued where the proposed business would not constitute a permitted use of the
premises under the Zoning Bylaw of the Corporation.
(**Bylaw 4658, adopted Dec.14/15)
5
(5)
The issuance of a business licence under this Bylaw in no way implies or constitutes a
representation by the Licence Inspector or the Corporation that the licence holder is competent
in the business operation for which he is licensed.
(**Bylaw 4658, adopted Dec.14/15)
(6)
Every business licence issued pursuant to this Bylaw shall state that the holder is licensed to
carry on the business stipulated therein in a lawful manner for the period specified at the
premises stated.
(7)
Every business licence issued pursuant to this Bylaw shall be deemed to be a personal licence
to the licensee therein named, and, where applicable, shall be valid only for the premises
therein named.
(8)
Every person, before changing his place of business within the Municipality, shall obtain a
transfer of his business licence.
(9)
Before any business licence is issued for a Short-Term Rental, the Licence Inspector shall
satisfy themselves of the following, and the applicant is required to provide proof of:
(a)
The Short-Term Rental is operated in the applicant's principal residence or
accessory dwelling unit / suite associated with it.
(b)
For a Short-Term Rental in an accessory dwelling unit or a secondary suite the
applicant / operator is the owner of the dwelling unit.
(c)
A safety plan that includes a scaled floor plan of the unit identifying the location
of smoke alarms, carbon monoxide detectors, fire extinguishers, fire exits and
type(s) and location(s) of bed(s) in each room has been completed and is posted
in the Short-Term Rental.
(d)
Contact information for the host and another responsible person who can respond
while the unit is being rented has been submitted to the District and is posted in
the Short-Term Rental.
(e)
Any other information the Licence Inspector may require for the purposes of
ensuring compliance with all municipal, Provincial, and Federal regulations has
been provided to the District.
(f)
The Short-Term Rental is located in a dwelling unit that has been completed
pursuant to an approved Building Permit.
(g)
Signed acknowledgment of the applicable Zoning Bylaw requirements for Short-
Term Rental use.
(Bylaw 4924 - Mar 9/26)
5.
(1)
An applicant or licence holder, who is aggrieved by a decision of the Licence Inspector to
refuse, suspend, cancel or impose terms and conditions on a business licence, may, by written
notice delivered to the Director of Corporate Services not later than ten (10) days after the date
of such decision request reconsideration of the decision by Council.
(2)
Following receipt of an application for reconsideration, the Director of Corporate Services
shall notify the applicant or licence holder, as the case may be, of the time, date and place the
6
application will be placed before Council.
(3)
Notification from the Director of Corporate Services in accordance with subsection (2) shall:
(a)
state that reconsideration by Council at the time, date and place specified in the notice
will include a reasonable opportunity to be heard or make written submission on the
matter either in person, or through an agent, or both; and
(b)
be mailed or otherwise delivered to the applicant at least five (5) days before the date set
for reconsideration.
(4)
No delegation of authority made by this Bylaw shall abrogate or detract from the ability of
Council to exercise the delegated authority in the first instance if it so elects.
6.
(1)
No person shall operate an Amusement Center within the Municpality.
(**Bylaw 4658, adopted Dec.14/15)
7.
In the event of any person who is the holder of a business licence under this Bylaw making, during
the currency of such licence, any change in the nature, character, kind or description of the business
carried on by him within the Municipality, or engaging in any other further or additional business
therein, it shall be the duty of such person forthwith to notify the Licence Inspector of such facts in
writing, and thereupon to take out and pay for such other, further or additional licence as shall be
applicable or required under the provisions of this Bylaw.
(**Bylaw 4658, adopted Dec.14/15)
8.
The Licence Inspector or any Police Officer of the Corporation may, at all reasonable times, enter
upon any property for the purpose of ascertaining whether the provisions of this Bylaw are being
complied with.
(**Bylaw 4658, adopted Dec.14/15)
9.
Every person required to be licensed under this Bylaw and every person in charge of a business
requiring a licence, shall, on demand of the Licence Inspector or any Police Officer of the Corpo-
ration, produce and show to the Inspector or any Police Officer of the Corporation, the licence he is
required to hold, or give satisfactory proof that such a licence has been obtained; where the licence
relates to any vehicle, the owner or driver of such vehicle shall at all times cause the licence to be
carried on such vehicle.
(**Bylaw 4658, adopted Dec.14/15)
10.
Notwithstanding anything herein contained, the amount of any and every business licence fee payable
by any person pursuant to the provisions of this Bylaw shall be a debt due by that person to the
Corporation, which shall be recoverable together with any costs in any court of competent
jurisdiction.
(**Bylaw 4658, adopted Dec.14/15)
11.
A person who contravenes this Bylaw by doing an act that it forbids, or by omitting to do an act that
it requires to be done, commits an offence and is liable, upon summary conviction, to a fine of not
less than Two Hundred Dollars ($200.00) and not more than Ten Thousand Dollars ($10,000.00),
plus costs, and where the conviction is for carrying on a business for which a licence is required
without holding a valid and subsisting licence for the business then the amount which should have
been paid for the licence, where a licence may be issued, shall be added to the said fine and shall
form part of the fine.
(**Bylaw 4658, adopted Dec.14/15)
7
12.
If any portion of this Bylaw is for any reason held to be invalid by a Court of competent jurisdiction,
the invalid portion shall be severed and the validity of the remainder shall not be affected.
(**Bylaw 4658, adopted Dec.14/15)
13.
The following Bylaws are hereby repealed except insofar as they repeal any other bylaw:
Bylaw No. 3087, "Business Licence Bylaw, 1975";
Bylaw No. 3196, "Business Licence Bylaw Amendment Bylaw, 1977";
Bylaw No. 3390, "Business Licence Bylaw Amendment Bylaw, 1981";
Bylaw No. 3424, "Business Licence Bylaw Amendment Bylaw, 1982";
Bylaw No. 3431, "Business Licence Bylaw Amendment Bylaw, 1983";
Bylaw No. 3462, "Business Licence Bylaw Amendment Bylaw, 1984";
Bylaw No. 3518, "Business Licence Bylaw Amendment Bylaw, 1986"
PROVIDED that such repeals shall not affect any offence committed, or penalty or punishment
incurred, under such repealed Bylaws, and any such penalty or punishment may be imposed as if this
Bylaw had not been passed.
14.
This Bylaw may be cited as the "BUSINESS LICENCE BYLAW, 1988".
READ a first, second and third time by the Municipal Council on October 11, 1988
RECONSIDERED, ADOPTED AND FINALLY PASSED by the Municipal Council on October 24, 1988
___________________________________
___________________________________
Mayor
Municipal Clerk
Sealed with the Seal of The Corporation of the
District of Oak Bay.
8
SCHEDULE "A"
(**Appendix 1, Bylaw 4658, adopted Dec.14/15)
Class Of Business
Table and Column of Schedule 'B'
Commercial Business:
Resident
Non-Resident
Apartments
1A
-
Banks, Financial Institutions, Credit Unions, Trust
Companies
1C
-
Banquet Room
1B
-
Contractors
1A
4B
Consultants
1A
4B
Day Care Centres
1A
-
Direct Seller
2A
2A
Fitness Studio
1A
-
Hotels
1B
-
Moorages
3A
-
Nursing Homes
1A
-
Offices / Professional
1A
-
Retail
1B
-
Restaurant (All food servies)
1B
-
Schools
1B
-
Home Based Business:
Resident
Non-Resident
Consultants
4A
-
Contractors
4A
-
Home Crafts
4A
-
Daycare / Childcare
4A
-
Direct Seller
2A
2A
Home Office / Professional
4A
-
Short-Term Rental
4C
(Bylaw 4924 - Mar 9/26)
Special Events:
Resident
Non-Resident
Daily
5A
5A
Intermunicipal Licences:
Resident
Non-Resident
Additional Fee
6A
-
9
SCHEDULE "B"
(**Appendix 2, Bylaw 4658, adopted Dec.14/15)
Table 1
FLOOR OR GROUND AREA
Maximum $2,000.00
Floor or Ground Area:
A
B
C
0 - 1,000 Sq. Ft.
$100.00
$100.00
$200.00
Per 100 sq. ft. in excess of 1,000 sq. ft.
$1.50 / sq ft
$7.25 / sq ft
$21.00 / sq ft
Table 2
NUMBER OF PEOPLE
ENGAGED IN BUSINESS
Maximum $2,000.00
No. Of People:
A
1
$450.00
2-4
$900.00
5-10
$1350.00
Over 10
$2000.00
Table 3
NUMBER OF RENTAL UNITS
Maximum $2,000.00
No. Rental Units:
A
Per Rental Unit
$1.00 Per Unit
Table 4
Flat Rate Charges:
A
B
C
Home Based Business
$50.00
-
$100.00
Non-Resident
-
$100.00
(Bylaw 4924 - Mar 9/26)
Table 5
DAILY
No. Of Days:
A
Per Day
$50.00
Table 6
ADDITIONAL FEE
Additional Fees:
A
Inter-Municipal Licence (For operation in CRD)
$100.00
10
SCHEDULE "C"
INTERMUNICIPAL BUSINESS LICENCES
CLASSES OF BUSINESSES ELIGIBLE FOR INTERMUNICIPAL BUSINESS LICENCE
1.
Contractors:
Acoustics
Insulation
Alterations
Interior Decorator
Appliance Repair
Irrigation
Blasting
Iron Worker
Brick/Masonry
Janitorial Service
Building
Land Clearing
Building Movers
Landscaper
Bulldozing
Lather
Cabinet-Maker
Locksmith
Carpenter
Mechanical Equipment Installation
Carpet Cleaning
Metal Worker
Chimney Cleaner
Oil Worker
Cleaning Services
Painter
Concrete
Paver
Demolition
Pest Control Service
Diving Contractor
Pipeline
Drilling
Plumber
Drywall/Plasterers
Refrigeration
Electrical
Restoration Service
Excavating
Roofer
Floorlayer
Sand Blaster
Furnace Repair
Sanitary Engineer
Garden Services
Security Service
11
Gas Fitter
Sewer and Drain Service
Glazing
Shingler
Handyman Service
Tile Setter
Hauling Service
Tree Surgeon
Heating
Truck Driver
Home Repair & Maintenance
Services
Welder
Inspection Service
Wood Stove Installer
Note: In the event a particular class of trades contractor is not listed in Schedule
"C", the Licence Inspector is empowered to apply a classification that, in the
opinion of the Licence Inspector, closely matches the business operations of the
applicant.
2.
Towing Services
3.
Mobile Sales Services:
Massage Therapist
Photographer
Facial Manicurist
Mobile Mechanic
Pet Sitter
Mobile Hairdresser/Barber
Food and Beverage Service
Music Service
(**Bylaw 4062, adopted Nov.22/99)