A numbered company was fined for illegally operating a short-term rental business in French Creek. (File photo/NanaimoNewsNOW)

By Ian Holmes

short term rental

Illegal short term rental operator fined for disobeying RDN land use bylaws

Sep 2, 2024 | 6:01 AM

NANAIMO — A fine of $10,500 was levied in response to several Regional District of Nanaimo (RDN) land use bylaw infractions in relation to a former illegal short term rental (STR) property in French Creek.

A lawyer submitted guilty pleas on behalf of 0770522 B.C. Ltd. after a provincial court sentencing hearing in Nanaimo heard a waterfront property on Glenhale Cres. in French Creek was illegally operated as an STR last summer.

The only short-term rentals permitted in the rural RDN electoral areas are bed and breakfasts which must be located on a property’s principal dwelling of which the permanent occupant is the registered business owner.

A Wednesday, Aug. 28 sentencing hearing in Nanaimo heard five of the counts against the numbered company were for illegal short-term rentals.

Two other counts involved a noise violation, in addition to the construction of a large unpermitted outdoor garden feature.

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All of the offences occurred between June 3 and July 8 in response to report filed by an RDN bylaw enforcement officer.

“The accused would advertise online for a short-term rentals, they were repeatedly warned to not use the property for a short-term rental and they persisted in doing so,” Zach Currie, a lawyer on behalf of the RDN said.

Currie noted the property owner eventually came into compliance following several interactions with RDN bylaw enforcement.

The fines amount to $1,500 per count, with judge Chris Churchill ordering the fine to be paid by Sept. 27 2024.

As part of the disposition, judge Churchill said the numbered company is prohibited from operating or marketing an STR at the French Creek property.

Legislation imposed by many local governments in recent years, as well as the B.C. government this year, have restricted how STR can operate to help alleviate the tight housing market.

A provincial principal residence requirement to operate an STR (maximum 30 days stay) was implemented on May 1, 2024 and applies to most of the province.

Ladysmith and Lantzville and about 90 other small municipalities in the province are exempt from the legislation.

While seven bylaw infractions were applied against the numbered company, five other offences were stayed. (Ian Holmes/NanaimoNewsNOW)

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Ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes