City threatens legal action over driveway rented to spy agency employees

Residents near CSIS, CSE headquarters rent out laneways to solve parking issues

Hillary Johnstone · CBC News · Posted: Jan 21, 2020 4:00 AM ET

Jevin Maltais received a notice of zoning non-compliance from the City of Ottawa for renting out his driveway to federal employees. (Jean Delisle/CBC)

A Beacon Hill resident says the City of Ottawa is threatening to take legal action against him if he doesn't stop renting out his unused driveway space to employees who work at the nearby headquarters of Canada's intelligence agencies.

Residents who live in the Beacon Hill-Cyrville Ward have complained to CBC News in the past that employees from the nearby headquarters of the Canadian Security Intelligence Service (CSIS) and Communications Security Establishment (CSE) park on their streets.

Jevin Maltais said in an interview he thought he had found a solution to the persistent parking problem — and a way to earn a little extra income — by renting out his driveway to four federal employees.

"We had cars that were just lining both sides of the street," Maltais said. "The people who own the cars would put letters in our mailboxes saying, 'Do you have places for me to park? The city is ticketing me.'"

Notice of violation

But last week, Maltais received another letter in his mailbox, this time from the city's bylaw department.

According to the notice of violation, dated Jan.13, Maltais is breaking the city's parking rules by renting the spots out to non-tenants or residents, and must stop by Jan. 31. "Failure to comply with notice will result in further legal action," the notice states, adding that could happen "without further notice."

In a statement, the city said it has issued four notices of violation to property owners in Beacon Hill-Cardinal Heights since Jan 1, 2019, for renting out parking spaces on their properties.

"Allowing a driveway or legal parking space for a residential use to in effect be used as a commercial parking lot would no longer be a secondary use of the land, and may lead to additional traffic and nuisance concerns in conflict with the intent of a residential area," said the city in a statement attributed to David Wise, program manager for zoning and intensification.

Residents 'scared'

Maltais said he knows at least half a dozen other people who are also renting out driveway space, but who are now feeling scared after Maltais received a notice from the city warning him he's violating a zoning bylaw.

"We were pretty surprised and disappointed to see that it's actually legal action against us," said Maltais.

Beacon Hill resident Jevin Maltais thought he was solving a parking conundrum by renting out his driveway space to federal employees. But the city says he's not allowed to continue doing so, citing zoning rules. 1:00

Maltais said he doesn't see any downsides to renting out his own driveway, and hopes the city would consider a pilot project to allow residents to continue renting parking spots.

"We're pretty disappointed this is the city's stance on it currently, when really we've just as citizens tried to help the situation by getting the cars off the street," he said.

Backyards paved for parking

The area's city councillor said he understands the frustration, but said the rules on renting out driveways are clear.

"No municipalities allow people to be able to rent out their spots; they're not zoned that way. If they were zoned, they would have to hold a million dollars worth of commercial insurance," said Coun. Tim Tierney, who represents Beacon Hill-Cyrville.

Tierney said he knows of residents who have even paved their backyards to create parking spaces for federal workers

City Councillor Tim Tierney says it's against zoning bylaws to rent out your driveway, and he 'strongly advises' that people obey the rules. (Jean Delisle/CBC)

He said paving backyard green space also breaks provincial regulations, since it doesn't allow for proper drainage on properties.

"When it gets to the point that you're in non-compliance, you're not zoned, it goes to a provincial level, it's actually not even the city," Tierney said.

In statements to CBC, both CSIS and CSE said they remind their employees to follow municipal parking rules, and encourage them to take public transit, carpool or cycle to work.

CSE also said it opened a new parking lot earlier this month with 400 spaces.

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371 Comments

John Smith
I accept that municipalities should have some control over what is able to be built in certain locations but why would the city get involved in an already existing empty driveway?

This is mindless bureaucracy at work.

Show 3 older replies

John Smith

Reply to @Don Cheer: Thank you Mr. Grade Ten Civics, I didn't know that.

The question of laws on the books and enforcement of those laws in particular ways is an entirely different subject detached from the social contract which you so eloquently describe.

David Raymond Amos

Reply to @John Smith: Methinks Jevin Maltais and his clients in the CSE should be clever enough to figure out how easily I can scare off City Hall and all its lawyers N'esy Pas?

Stan Vincent
If someone wants to rent out their driveway space during the day, that really shouldn't be a problem for neighbours or the city. Big deal, so someone's driveway has some empty cars parked in it during the day. I think the city doesn't like it because they are not getting a cut of the action. An example of a civic government not using good sense.

Show 1 older reply

Don Cheer

Reply to @Stan Vincent:
Then change the by-law
Just because you don't see it as a big deal doesn't mean others don't
The law is the law, follow it

David Raymond Amos

Reply to @Don Cheer: Methinks they should uphold the law just like the CSE and the five eye cohorts do as they violate folks privacy every day all day long all over the world N'est Pas?

Kay Ferrell
Tim Tierney, the local councillor, said: "No municipalities allow people to be able to rent out their spots". Yet somehow this lawyer from Toronto figured out how to rent his space:
https://www.theglobeandmail.com/investing/personal-finance/household-finances/article-what-to-know-before-renting-out-your-empty-parking-space/

Cities across Quebec and Ontario use the Espace Park app, which allows people to rent out private parking spaces:
https://www.cbc.ca/news/canada/montreal/quebec-parking-app-espace-park-1.5127342

Until Ottawa can offer a reliable transit system, people should be able to park anywhere they want, including private residential parking spaces. Instead of threatening heavy-handed legal action, the City could offer an incentive to people that drive electric or low emissions vehicles by allowing them to rent private parking spaces. Let's get innovative, not punitive councillors!

David Raymond Amos Round 3

Tuesday 21 January 2020