Chris called our office concerned after the District of Central Saanich inspected their property and house without their permission following complaints from neighbours that they were using their property as a campground.

In our investigation, we noted that the District’s records were silent regarding the lack of consent that Chris described. Although the District had the authority to enter the home, we would expect a local government to do so in the fairest way possible. In our report, Bylaw Enforcement: Best Practices Guide for Local Governments, we outline that inspections should be done in the most minimally intrusive way possible and only inspect what is relevant to the bylaw being enforced. In Chris’ case, the inspection of the property included closets in the house that did not appear to be in any way be connected to the potential operation of a campground. Our investigation confirmed that consent for entry had not been obtained by the homeowner prior to the search, and adequate reasons for the inspection were not provided.

As a result of our investigation, the District committed to amending the bylaw to obtain and document consent before entering a private dwelling and to conduct inspections that are minimally intrusive and connected to the alleged bylaw contravention.