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ARTICLE · 27 APRIL 2018

Agricultural Law Netletter Issue 393, April 7, 2018

Miller Thomson
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A Justice of the Supreme Court of British Columbia has held that amendments to an agri-tourist accommodation Bylaw are invalid.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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A Justice of the Supreme Court of British Columbia has held that amendments to an agri-tourist accommodation Bylaw are invalid. Orchardists who farmed within Kelowna city limits had, over a period of 10 years developed 14 RV pads which were permitted under Kelowna's agricultural zoning Bylaw as agri-tourist accommodations. The City attempted to amend this Bylaw in 2017 by restricting the number of RV units which would be permitted and by limiting the months during which agri- tourist accommodations could be offered to April 1 to October 31. The City gave notice of public meetings to consider the Bylaw amendment, however the City's notice described the amendments as "housekeeping amendments". The Court concluded that the amendments were significant, and much more than "housekeeping amendments". An action commenced by the City against the farmers was dismissed, and the City's Bylaw was declared void, because adequate notice of the purpose of the public

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