Background
In 2017, the province issued a conditional licence to divert 10 m³/day of groundwater from a property along Sackville Road and use the water for fresh water bottling. In their decision, the Ministry of Forests acknowledged the Comox Valley Regional District (CVRD) Zoning Bylaw and advised the applicant that the CVRD required a rezoning to enable "water and beverage bottling".
In 2018, the Sackville Road property owner applied for a rezoning application. The CVRD considered the application in February and in June before holding a public hearing in July. Comments from the public notification, external agencies, the advisory planning commission, and First Nations were included in the consideration. The Regional Board ultimately decided to refuse the rezoning request.
In 2019, the Zoning Bylaw was amended to prohibit water bottling in every zone in the electoral areas. There is one exception to this: an Industrial Light (IL) zoned property in the Rosewall Creek area that has been bottling water under license by the Province since 1998. In 2022, the recipient of the conditional licence along Sackville Road applied to the province to change the purpose from fresh water bottling (industrial) to waterworks (water sales and water delivery). The Province asked the CVRD for comment on the Zoning Bylaw: whether the proposed above ground uses of the water are permitted by the parcel’s zone. The CVRD reviewed the referral in January and March 2023 and noted the new proposal involves on-site treatment, storage, transport, and sale of bulk water. The CVRD determined that if the conditions of section 305 of the Zoning Bylaw can be met, the new proposal could be a “home occupation use” which is permitted in the lot’s zone. Water bottling is not permitted as a home occupation.
What Happens Next?
CVRD Staff is responding to the provincial referral that it is understood the proposed use of water is limited to on-site treatment, storage, and sale of bulk water, as well as delivery by the authorization holder via tanker truck, and that this does not require a rezoning if the scale of the operation does not exceed the limits of the Home Occupation regulations. If the province approves the application for the water licence amendment, CVRD Staff will be working with the authorization holder to comply with the Home Occupation regulations. As directed by the Regional Board, CVRD Staff will also be reporting back with possible revisions to the Zoning Bylaw as it pertains to water sales as a home occupation.
What is the Role of the Comox Valley Regional District
The CVRD has jurisdiction over land use (above the ground). The CVRD uses its Zoning Bylaw to identify land uses that are permitted on each property. Water extraction does not fall within this authority.
What Qualifies as "Home Occupation Use"?
Most residential and rural zones in the electoral areas allow for a home occupation use. This enables home-based business to operate in residential neighbourhoods under the conditions listed in section 305 of the Zoning Bylaw. These conditions are mostly about keeping the business from conflicting with the residential uses of the neighbourhood, including limiting the footprint and exposure of the business activities. Some uses that could disrupt the residential character of an area are excluded from qualifying as a home occupation, otherwise “Home occupation” is defined as “any trade, occupation, profession or craft carried on for remuneration or financial gain and which is accessory to the principal residential use…”. As there is no business licensing function in the rural areas (outside of municipal boundaries), the CVRD works with residents through the home occupation form to ensure the businesses are respecting small scale nature of the home occupation regulations.
Additional Information
- Water Sustainability Act: Under the Water Sustainability Act, authorization from the province is required to divert and use water from an aquifer. The ministry responsible for these authorizations is the Ministry of Forests (formerly the Ministry of Forests, Lands and Natural Resource Operations). Applications for these authorizations need to specify a water use purpose.