National example raises questions about rule-bending in Saanich

While the BC Ombudsperson is deciding whether to investigate our complaint about rule-bending in the Saanich Planning Department, a dramatic case from Dartmouth, Nova Scotia, shows what real bylaw enforcement looks like.

In a widely reported decision, the city ordered a developer to remove two full storeys from a building after officials determined it was a “blatant” violation of height restrictions. The city did not search for excuses or rely on “unwritten rules.” It enforced the law to protect the integrity of its planning process and prevent a precedent.

This stands in sharp contrast to what is happening in Saanich.

On Tudor Avenue, what neighbours call “The Observation Tower” rises nearly a full storey above the legal height limit. But instead of enforcing the bylaw, Saanich’s Planning Department approved it using what staff described as an “unwritten rule” — a rule that appears nowhere in the zoning bylaw.

We have asked BC Ombudsperson Jay Chalke to investigate. Our complaint argues this is not an isolated mistake but a systemic problem.

Our complaint states the Planning Department is:

• Rewriting bylaws behind closed doors — using off-the-books interpretations instead of the public variance process.
• Creating a two-tier system — where some developers receive special treatment while ordinary homeowners face strict enforcement.
• Undermining public trust — when clear legal definitions can be “interpreted away,” the rule of law is weakened.

If cities elsewhere in Canada can enforce their bylaws, Saanich should be able to do the same. Our community deserves the same transparency, fairness, and respect for the rule of law.