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Controlled Substance Nuisance Bylaw (Grow Operation Bylaw)
 Controlled Substance Nuisance Bylaw, No. 3602 commonly referred to as the 'Grow Operation Bylaw'.

This Bylaw is considered “leading edge”, with two primary focuses:

  • The protection of any future occupants of homes that were used as Grow Operations; and
  • To provide for a means to recover some of the costs incurred due to the existence of such homes in the community.

The Bylaw also clearly places the responsibility for grow operation home remediation and all related costs, including significant cost incurred by the City and the police, on the property owner.  Such costs, if not paid by the owner, can be collected as property taxes and ultimately result in the tax sale of the property, if required.

City Council, like many citizens, are outraged at the real harm that Grow Operations hold for our community.  This bylaw, is part of the solution for addressing this very important issue.  Changes in the judicial system are also required and fundamental to addressing this problem.  Following are some questions and answers you may have respecting this bylaw and related topics:

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What is a Grow Operation?
The definition of a Grow Operation as stated in Bylaw No. 3602

  • Grow Operation means the cultivation of marijuana plants or mushrooms that are controlled substances or the production of amphetamines.
  • Controlled Substance means a “controlled substance” as defined and described in Schedules I, II or III of the Controlled Drugs and Substances Act, 1996 c. 19, as amended from time to time, but does not include a controlled substance permitted under that Act.
  • Amphetamines include dextroamphetamines and methamphetamines.

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I rent/lease my property.  Does the bylaw apply to me?
Bylaw applies to all property owners, whether they live on the property and in the home, or whether they rent it.  Given the significant costs that property owners could incur if their home is found to have a grow operation in it, residential landlords are encouraged to exercise their rights under the Residential Tenancy Act to inspect a rental home on a monthly basis.  For more information on landlord rights respecting inspections, please contact the Residential Tenancy Branch at 604-660-3456 (located at 400-5021 Kingsway Ave, Burnaby) or visit their website at www.rto.gov.bc.ca .
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Does the Bylaw apply to all types of properties, residential, commercial etc.?Yes, the Bylaw applies to all types of properties if they are found to have a grow operation in them.
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What are the possible costs and fines under the Bylaw that an Owner of a home found to have a Grow Operation in it might face?
The Bylaw includes provisions for the charging of costs incurred by the City, directly or indirectly in relation to the Grow Operation and for various fines.

All costs are defined as “Service Fees” in the Bylaw defined as follows:

  • Service Fees means fees imposed under Section 8.2 and Schedule A in respect of all direct and indirect costs incurred by the City in relation to the inspection, investigation or remediation of a parcel that contains or contained a grow operation, and for removal of a grow operation, materials associated with a grow operation or by-products resulting from a grow operation, and includes:
    • administration and overhead associated with the inspection and removal;
    • costs incurred for the lawful dismantling, disassembly, removal, clean up, transportation, storage, and disposal of equipment, substances, materials and other paraphernalia associated with such use, trade, business or manufacture;
    • costs incurred from the replacement of consumables used, or the replacement of equipment following exposure to contaminants;
    • costs incurred for the analysis of the materials found at the property and the health and safety conditions at the property;
    • costs incurred in respect of the property under a contract for services for an independent contractor or agent, including without limitation a professional engineer, a consultant, a person to carry out construction or demolition, a health professional, or a hazardous materials professional;
    • costs incurred by the Royal Canadian Mounted Police for the forensic investigation and inspection of the property, securing of the property, accompanying Inspectors on or in the property, or otherwise lawfully attending at the property;
    • costs incurred by Port Coquitlam Fire and Rescue Services to inspect the property, take any action under Section 5.2, or respond to a fire caused by:

(i) an alteration made in relation to a grow operation, or
(ii) the manufacture or growth of a controlled substance;

    • costs incurred for cleaning, maintaining or repairing the City’s sanitary or storm sewers, water mains, roadways, sidewalks or other City property in relation to impacts of a grow operation

Fines under the Bylaw can be as high as $10,000 per day per offence.  Additionally, municipal tickets can be issued for fifteen separate offences under the Bylaw as laid out in the Ticket Information Utilization Bylaw, 2743, Schedule 20.
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What are the duties of a property owner under this Bylaw?
The duties of the property owner are specifically listed in Section 6 of Bylaw No. 3602 An Owner is required to:

  • ensure that the provisions of the Bylaw are not contravened;
  • to report the existence of a Grow Operation within 48 hours of discovering it;
  • to act on any directions or orders by the City Inspectors under the Bylaw;
  • to pay all associated costs and fines under the bylaw;
  • to remediate the property or demolish it; and
  • to advise future occupants that the home was used as a Grow Operation.

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What is the “harm” or impact of grow operations in the community?
Grow Operations have a significant impact and pose significant risks to the health and safety of our community.  Following is a list of concerns:

  • Police costs - Six police officers at the Coquitlam/Port Coquitlam Detachment are dedicated to this issue (costing $600,000 annually in salary and benefits costs alone).  Further, much more police officer time and costs are spent responding to the crimes driven by drug addition, such as break and enters, theft and violent crime.
  • Fire Services - 11% of the structural fires that occurred in the City from 1999 to 2004, inclusive, were the result of grow operations.  The damage caused by these fires represented 34% of the total damage costs for this period!  A study by the University College of the Fraser Valley (“UCFV”) stated that a home with a grow operation in it is 24 times more likely to have a fire in it than other homes.
  • Danger to First Responders - Almost all grow operations are full of various hazards from electrical system tampering, to booby traps, to poisonous chemicals and gases.  All of these pose significant health and safety risks to anyone attempting to enter such a home, and in particular, our first responders such as fire, bylaw enforcement and police officers.
  • Higher Utility Costs - Almost all grow operations steal their hydro power.  The UCFV study, stated that in 2003 the estimated hydro theft in BC was over $3M -- and this was based on the theft from those grow operations that were actually busted by the RCMP.
  • Higher Water Costs - In communities where water usage is metered, grow operations will steal their water. (Port Coquitlam does not meter its water.)
  • Environmental Damage - The growers discard the contaminated soil in our "backyards", parks, deserted areas, empty lots etc.  Or, worse yet, in the case of chemicals, they simply flush the used/by-product down the toilet, causing damage and pollution to our systems.
  • De-valuation of neighbouring homes and the community - The existence of grow operation homes de-value the neighbourhood and ultimately the community.
  • Destroys Lives - The UCFV study found that 21% of grow operations had children living in them.

Lastly, grow operations are the major source of funding for organized crime, the effects of which cost us all dearly.

Grow operations are a menace to all of our communities.  BC is practically famous for “BC Bud” due to the proliferation of grow operations in the Province; the UCFV study cited an estimated increase (from 1997 to 2003) in the amount of marijuana produced of over 300%.  And, perhaps worse yet, “grow operations” are turning from growing marijuana to the production of meth and related drugs for profit reasons.  Meth operations, are far more harmful and costly to our community than even marijuana operations (irreversible brain damage can occur from only one use; addictive rates of between 72% and 94%, depending on the method of use, over a six month period, compared to 8% for marijuana and 14% for heroin; very toxic production by-products – for every 1 pound of meth produced there are five pounds of toxic waste left behind).
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What is the problem with the Justice System respecting its treatment of grow operation crimes?  What actions has the City taken in this regard?
The police are apprehending the criminals and bringing them before the courts.  Unfortunately, our justice system is letting us all down.  A study by the University College of the Fraser Valley ("UCFV") completed in the Spring of 2005, that reviewed all grow operation busts in BC from 1997 to 2003, identified that only 16% of convictions in this area resulted in any jail time (the average jail time is only 4.9 months) and only 42% resulted in any fines (average fine being only $2,218).  We have heard the argument put forth by the judicial system that "jail time does not work and is too costly", but what about the costs to society of not jailing such individuals?  It is important to consider that if they are in jail they cannot be running a grow operation, and arguably the daily cost of keeping them in jail is less than the corresponding costs to society of them operating a grow operation.  Further, when you hear the phenomenal profits being made from grow operations the judicially imposed fines are simply akin to a "business license."  Fines should be in line with the profits made.

City Council has written the Minister of Justice asking for the application of significantly greater, mandatory fines and/or jail terms for those found guilty of operating a Grow Operation.  Additionally, Council pursued the Federation of Canadian Municipalities (“FCM”), a national organization representing municipalities across Canada, to actively lobby for such changes, hoping that a united voice would be better heard by our Judicial System.  In March of 2005, the FCM adopted the resolution submitted by the City in this regard and has begun lobbying the appropriate parties for change. 
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What are some signs that a home is being operated as a Grow Operation?

  • Residents only attend the home occasionally for short periods of time.
  • Equipment such as large fans, lights, plastic plant containers and soil are carried into the house at odd hours.
  • The exterior appearance of the property is untidy.
  • Entry is often made into the home using only the garage door to conceal activities.
  • Windows are covered to prevent light from entering the home and to conceal activities.
  • Bright light can be seen escaping from windows and windows are often covered in condensation.
  • Hydro meters are tampered with.
  • Sounds of construction and ventilation fans can sometimes be heard.
  • Odours outside the home:
    • Marijuana - produces a strong skunk-like smell.
    • Meth labs - smell like chemicals (including sweet, bitter ammonia or solvent smells or rotten egg smells). For more information on meth labs visit www.methwatch.ca .

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What should I do if I believe a home is being operated as a Grow Operation?

  • Absolutely, DO NOT attempt to enter the property or the home.
  • Report your findings to the Coquitlam/Port Coquilam RCMP Detachment (2986 Guildford Way, Coquitlam) on their non-emergency line 604.945.1550.
  • Note in accordance with City Bylaw No. 3602 landlords are required to report the existence of the Grow Operation to the City within 48 hours of discovering its existence.

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Quick Links

Contact
Mindy Smith
Director, Corporate Services
Tel 604.927.5211Fax 604.927.5402
Email smithm@portcoquitlam.ca

Location and Mailing Address
2nd Floor, City Hall, 2580 Shaughnessy Street
Port Coquitlam, BC  V3C 2A8

Business Hours
8:30am to 4:30pm, Monday to Friday (excluding statutory holidays)

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