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Qualicum builder pleads guilty to bylaw contravention in forged occupancy permit case

Owners of three new single-family houses in Qualicum Beach and Parksville received forged occupancy permits that the builder says were provided by an independent contractor.
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The Regional District of Nanaimo office. VIA GOOGLE MAPS

Owners of three new single-family houses in the Qualicum Beach and Parksville area moved into their homes after receiving forged occupancy permits they initially believed were legitimate.

Donald Ballard, principal of Ballard Fine Homes of Qualicum Beach, pleaded guilty on behalf of the company on Tuesday in Nanaimo provincial court to contravening a Regional District of Nanaimo bylaw that prohibits causing, permitting or allowing people to occupy a single-family homes without an occupancy permit.

Ballard said in a statement of facts agreed upon by his lawyer and the district’s lawyer that he was not involved in permits in the spring of 2022, when the fake permits were provided.

The contraventions related to new homes at 715 Imperial Dr. and 1286 Lee Rd., both in Parksville, and at 1180 Meadowood Way in Qualicum Beach, the statement said.

Ballard Fine Homes used another person to provide project management services and to obtain permits between 2011 and 2022, it said.

From 2017 and 2022, that man handled all the permits for the company, the statement said, adding Don Ballard never applied for any permits during that time.

Permits were forged for the properties by the second man and given to the new homeowners, the statement said.

The homebuilding company was fined $9,000 for the local government bylaw offences, said Sandeep Uppal, lawyer for the regional district, the body responsible for issuing occupancy permits.

Uppal said he believes it’s the first time the maximum-allowed fine under the district’s building bylaw has been imposed.

The judge imposed a $2,000 fine for each home and an additional $3,000 toward offsetting the regional district’s costs in pursuing the matter.

Josh Bloomenthal, lawyer for Ballard, said the independent contractor handling permitting for the company was terminated from his job when the forged occupancy permits came to light.

Don Ballard “had no idea this was going on,” Bloomenthal said, adding that the company “had nothing to do with this.”

It was not made clear in court why occupancy permits were forged, he said.

The former contractor is scheduled to appear in Nanaimo provincial court on March 11 on similar charges.

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