Enforcement of Development Permits

Year
2011
Number
B45
Sponsor(s)
Lake Country

WHEREAS development permit violations are seen as being against the Local Government Act and not local government bylaws; AND WHEREAS local governments do not have the authority to penalize property owners through ticketing or prosecution in provincial court for these development permit violations: THEREFORE BE IT RESOLVED that UBCM lobby the provincial government to make changes to the Local Government Act to permit local governments to issue tickets and initiate prosecution through municipal ticketing processes to enforce the prohibitions in s. 9201 and the requirement s. 928 that land be developed strictly in accordance with the permit.

Provincial Response

Ministry of Community, Sport Cultural Development This concern has not been brought to the attention of the Ministry of Community, Sport and Cultural Development Ministry before. This is a new interpretation of how the legislation governing the enforcement of development permit violations operates. Further information regarding this interpretation of the legislation could assist the Ministry in looking to this issue further. Some local governments include development permit rules in the matters that can be enforced under their Municipal Ticket Information bylaw. This authorizes these local governments to ensure compliance with development permit requirements by issuing tickets and initiating prosecutions. The Ministry will look into this issue further and will clarify if needed.

Convention Decision
Endorsed