The District of Tofino Continues to Enforce Bylaws Regarding Unlawful Tourist Accommodation Businesses

TOFINO, B.C. – The District of Tofino continues to be concerned about the impact of unlawful tourist accommodation businesses on long term housing availability and affordability in Tofino.

The District of Tofino (“District”) has been clear that the zoning for the properties known as the South Chesterman Beach Homes (“SCBH”) has never permitted tourist accommodation and that a business licence is required to operate a tourist accommodation business in the District. In addition, there is a covenant registered on title to the SCBH properties at the time of development that prohibits the use of the properties for nightly rentals.

In 2018, the B.C. Supreme Court confirmed in Mailloux et al v. District of Tofino, 2018 BCSC 2298, that tourist accommodation is not permitted on the SCBH properties under the District’s zoning bylaw and that a business licence is required to carry on a tourist accommodation business in the District under the District’s business licence bylaw.

The District has taken steps to enforce its bylaws regarding unlawful tourist accommodation businesses including issuing bylaw notice tickets and commencing injunction proceedings. Recently, the District filed a claim in B.C. Supreme Court against a SCBH owner to enforce its bylaws for carrying on the business of providing their SCBH property for accommodation to tourists and other guests for non-residential stays, including temporary stays of less than one month, in exchange for payment, without a business licence. The District and the SCBH owner have signed a consent order, which includes an order requiring the owner to cease carrying on the tourist accommodation business on their SCBH property without a business licence.

The District will continue to proactively enforce its tourist accommodation regulations.

BACKGROUND

District of Tofino 2021 Official Community Plan
Business License Regulation Bylaw 1239
Zoning Bylaw 770
May 24, 2017 Report to Council: Business Licence Appeal Hearing – Tofino Vacation Rentals Inc
March 25, 2023 Report to Council: Short Term Rental Business Licencing and Community Engagement

CONTACT

Keegan McColl

Communications Coordinator

District of Tofino

(T) 250 725 3229

(E) ac.onifot@snoitacinummoc

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