Victoria

Anti-Shelter Bylaws and Restrictions on Locations and Types of Shetler

The City of Victoria's Streets and Traffic Bylaw No. 09-079, section 103A(2) prohibits the "obstruction" of roadways, including sidewalks by tents and other structures. Additionally, section 84 of that bylaw prohibits sleeping in vehicles overnight.

The City's Parks Regulation By-law, prohibits daytime sheltering, from 7am to 7pm (or 8pm to 7am during Daylight Saving Time). This means sheltering is only allowed at nighttime. However, the parks where nighttime sheltering is allowed are also restricted. The City of Victoria bans sheltering at all times in several parks, which are mapped below.

In addition to parks where sheltering is banned at all hours, the City of Victoria also prohibits camping in the following locations:

• in, or within 4 metres of, a playground, sports field, footpath or road within a park,

• an environmentally or culturally sensitive area, community garden, or horticultural area, or

• within 4 metres of a private property line,

• any area identified by the Director as susceptible to flooding, erosion, slope instability, or other environmental hazards, (provided that signage has been erected to indicate the area as such).

• within 8 metres of a playground,

• within 50 metres of a school as defined in the School Act.

Tents must be within 4 metres of any other shelter, and  that, including all associated objects or possessions, occupy more than 9 sqm in size, are also prohibited.

Notice of these prohibitions is posted in certain park locations, and also distributed via bylaw officers in the following pamphlets:

https://www.victoria.ca/media/file/parks-sheltering-rules-22-85x11-finalpdf

Tickets

Section 20(1) of the Park Regulation Bylaw allows for tickets to be issued for a contravention of the bylaw. The City's Ticket By-law imposes fines of $75 - $100 for sheltering in locations not permitted by the bylaw. A ticket may be paid or disputed, however, if a person ignores the ticket and does not pay or dispute it, they may be convicted of an offense. The City of Victoria does not keep data of how many tickets are paid, disputed or ignored by offense type.

There are no fines payable for violating the provisions against sheltering in the City's Street and Traffic Bylaw.

Not all encampment residents who are in violation of the bylaws receive tickets - some simply receive warnings to move on.

Developments in 2023 and 2024

In summer 2023, the City of Victoria banned overnight sheltering in four parks: Stadacona Park, Topaz Park, Hollywood Park and Regatta Point Park, subject to the ability to house or better shelter those who were already sheltering in these spaces. Concurrently, the City of Victoria entered into an agreement with Pacifica Housing, to act as a "Parks Relocation Coordinator". The goal of the coordinator is to transition those who are sheltering in these parks into permanent supportive or subsidized housing (not shelters).

As of October 27, 2023, those who were sheltering in Stadacona Park, Topaz Park, Hollywood Park and Regatta Point Park, had been successfully relocated to transitional housing. At a recent Committee of the Whole, City Council indicated its intent to systematically ban sheltering in parks one by one, as it transitions those sheltering in parks into supportive housing. In late 2024, Irving Park and Vic West Park were added to the list of those parks where sheltering is banned outright.

The Encampment Management Process

The following description of the City of Victoria's encampment management process is given on the City of Victoria website:

The City uses an individualized approach to bylaw enforcement. Bylaw Services tracks who is sheltering where and whether they have been offered housing or accepted an offer. Bylaw Services also keeps track of where and when they are expected to move inside.

People who accept an offer and are preparing to move from parks are not required to pack up daily. Bylaw officers will allow time for moving into the transitional housing locations and will assist with downsizing belongings. When indoor spaces are ready, Bylaw and outreach workers will assist people with packing their items in totes and helping people move.

Effective May 1, 2021, people who do not accept an offer are required to take down, pack up and remove their tent and belongings daily by 7 a.m. Any tent or property unlawfully left in place after 7 a.m. is subject to impound and can be retrieved through Bylaw Services.

City Council has authorized the City Manager and City Solicitor to proceed with a court injunction to enforce the Parks Regulation Bylaw should voluntary compliance not be achieved.

The use of court injunctions has been done in several court cases cases including Victoria (City) v. Adams, 2009 BCCA 563, where the right to shelter was first established, and more recently in Victoria (City) v. Smith, 2020 BCSC 1173. The use of tickets for enforcement, however, is more common.