TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: July 7, 2025 Report No. EPW-25-010
TO: Council
FROM: Joel Clary, Director of Engineering & Public Works
SUBJECT: Designating a Servicing Officer
RECOMMENDATION:
Recommendation
That Council give first, second and third readings to Officers Bylaw, 2025, No. 3154,
as described in Staff Report EPW-25-010.
Body
EXECUTIVE SUMMARY:
The purpose of this report is for Council to consider designating a Servicing Officer for the Township.
BACKGROUND:
The enactment of Bill 16 by the Province on April 25, 2024, introduced significant changes to the Local Government Act, including the creation of a Servicing Officer role. This role authorizes local governments to require additional works and services as a condition of building permit issuance. Specifically, the changes allow municipalities to obtain land for road right-of-way from property owners seeking a building permit, limited to the lesser of:
i) 10 metres in depth, or
ii) The difference between the current road width and 20 metres.
In Esquimalt, this will primarily translate to road widening on the development side to increase the road right-of-way to 20 metres. For example, if the existing road fronting a development is 18 metres wide, the developer may be required to provide 1 metre of road dedication, the remaining 1 metre being the responsibility of the property owner on the other side of the road, should they require a building permit.
In addition, changes under Bill 16 permit municipalities to require up to 5 metres of right-of-way, also as a building permit condition, for “sustainable design features and transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation.” The addition of sustainable design features is intended for “energy and water conservation, reduction of greenhouse gas emissions and climate resilience,” as noted elsewhere in the Local Government Act. An example of this is a rain garden to manage storm water runoff from the road.
Full details of these changes are available on the Province’s website in Bill 16 and are reflected in the Local Government Act, under Sections 513.1 to 513.3.
To implement these provisions, Council must designate a Servicing Officer by bylaw. On January 30, 2025, the Province issued Order in Council (OIC) No. 39/2025, prescribing suitable classes of persons to be Servicing Officers. The OIC states:
Designation of servicing officers
For the purposes of section 513.2 (5) (b) [requirement to provide land for new highway or widening existing highway in respect of building permits] of the Act, the following classes of persons are prescribed:
(a) municipal engineers;
(b) municipal chief planning officers or persons who are in a substantially equivalent position with a municipality;
(c) some other employees of the municipality designated by the council;
(d) persons who are under contract with the municipality.
The proposed amendment to the Officers Bylaw in Attachment 1, for Council’s consideration, designates the Director of Engineering & Public Works as the Servicing Officer. The amendment also includes a general housekeeping update to change the title “Director of Community Safety Services” to “Director of Strategic Initiatives.”
ANALYSIS:
Staff recommend designating the Director of Engineering & Public Works as the Servicing Officer, as this position is already responsible for the municipal road right-of-way and for establishing works and services on development frontages. This process is currently managed within the Engineering Department and utilizing the Director of Engineering & Public Works as the Servicing Officer would have minimal impact on staff operations.
Establishing this role will benefit the Township through road widening as many of the Township’s roads are below the minimum 20 metre width identified in the Local Government Act. Currently, the only time the Township can obtain road right-of-way is through a rezoning or subdivision application. The additional right-of-way will primarily be used for active transportation infrastructure and public realm improvements.
Environmental Impact:
Designating the Servicing Officer aligns with the actions in the Township’s Active Transportation Network Plan and Climate Action Plans by supporting road widening for active transportation infrastructure and sustainable design features.
OPTIONS:
1. That Council give first, second and third readings to Officers Bylaw, 2025, No. 3154,
as described in Staff Report EPW-25-010.
2. That Council provide alternative direction to staff.
3. That Council request further information from staff.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial impacts to the Township for designating a Servicing Officer.
COMMUNICATIONS/ENGAGEMENT:
No community engagement has been completed for this.
TIMELINES & NEXT STEPS:
Once the bylaw is adopted, staff will be able to immediately require road dedication and rights-of-way as a building permit condition. Staff have been flagging the potential for this change with prospective developers that may be affected.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Attachment 1 - Officers Bylaw, 2011, No. 2777, Amendment Bylaw, 2025, No. 3154
2. Attachment 2 - Consolidated Officers Bylaw, 2011, No. 2777