Executive Committee Minutes of Regular Meeting

Executive Committee Agenda

Date: Wednesday, May 18, 2016 Time: 8:45 am Location: Islands Trust Victoria Boardroom 200-1627 Fort Street, Victoria, BC

Pages

1. CALL TO ORDER

2. APPROVAL OF AGENDA 2.1 Introduction of New Items 2.2 Approval of Agenda 2.2.1 Agenda Context Notes 4 - 4 3. ADOPTION OF MINUTES 3.1 April 27, 2016 EC Meeting 5 - 10

4. FOLLOWUP ACTION LIST AND UPDATES 4.1 Follow Up Action List 11 - 14 4.2 Director/CAO Updates 4.2.1 Transition Plan Briefing 15 - 16 4.3 Local Trust Committee Chair Updates

5. BYLAWS FOR APPROVAL CONSIDERATION 5.1 Bowen Island Municipality Bylaw No. 399 17 - 30 THAT the Executive Committee advise Bowen Island Municipality that the Bylaw 399, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 399, 2016” is not contrary or at variance to the Islands Trust Policy Statement.

5.2 Salt Spring Island Land Use Bylaw No. 484 31 - 50 THAT the Islands Trust Executive Committee approve Salt Spring Island Local Trust Committee Bylaw No. 484, cited as “Salt Spring Island Land Use Bylaw, 1999, Amendment No. 2, 2015,” under Section 24 of the Islands Trust Act.

5.3 Lasqueti Island Land Use Bylaw No. 90 51 - 74 THAT the Islands Trust Executive Committee approve the Lasqueti Island Local Trust Committee Bylaw No. 90, cited as "Lasqueti Island Land Use Bylaw 78, 2005, Amendment No. 2, 2014."

1 6. TRUST COUNCIL MEETING PREPARATION 6.1 Trust Area Services 6.1.1 Session Outline - Marine Shipping Safety 75 - 75 6.1.2 RFD: NAPTEP Application - Link Island 76 - 78 6.2 Local Planning Services 6.2.1 RFD: Grants and Donations Policy May 2016 79 - 101 6.3 Administrative Services 6.4 Executive/Trust Council 6.4.1 March 2016 Trust Council Draft Minutes for Review 102 - 117 6.4.2 Draft June 2016 Trust Council Schedule 118 - 121 6.4.3 RFD: Session Alternatives for June 2016 Trust Council 122 - 124 THAT Executive Committee schedule a ‘Visioning’ session for the June 2016 Trust Council meeting and request the CAO to contract a session facilitator.

6.4.4 Draft Amendments to “Islands Trust Council Meeting Procedures 125 - 134 Bylaw, 2004” re: Electronic Meetings 7. EXECUTIVE COMMITTEE PROJECTS 7.1 Trust Council Initiated 7.2 Executive Committee Initiated

8. NEW BUSINESS 8.1 Trust Area Services 8.1.1 LTC Chairs Report on Local Advocacy Topics 8.1.2 RFD: EC Sections of 2015-16 Annual Report 135 - 147 THAT the Executive Committee approves (as amended) the attached text for inclusion in the 2015-2016 Draft Annual Report for approval by the Trust Council and submission to the Minister of Community, Sport and Cultural Development, approves the amendments to the Table of Contents, and authorizes the Select Committee Chairs to approve their sections. 8.2 Local Planning Services 8.2.1 Salt Spring Island LTC Resolution re: Islands Trust Act 148 - 149 8.3 Administrative Services 8.3.1 RFD: Trustee Meeting Agenda Package Delivery 150 - 162 THAT the Executive Committee approves the recommended organizational change to how agenda packages are delivered to Trustees; "Option 3 - Website Download".

8.4 Executive/Trust Council 8.4.1 Legislative Services Update 163 - 164

2 9. CLOSED MEETING (if applicable) THAT the meeting be closed to the public subject to Sections 90(1)(c)(g) and (i) of the Community Charter in order to consider matters related to employee relations, litigation affecting the Islands Trust and receipt of advice that is subject to solicitor-client privilege and that staff attend the meeting.

10. RISE AND REPORT DECISIONS FROM CLOSED MEETING (if applicable)

11. CORRESPONDENCE (for information unless raised for action) 11.1 Gabriola Island Chamber of Commerce Position Paper on Anchorages 165 - 167 11.2 Stop the Nanaimo Port Expansion 168 - 169 11.3 Minister of Environment on Marine Shipping Risks 170 - 171 11.4 MP Goldsmith-Jones re Derelict Vessels 172 - 173 11.5 GAFA letter to Chair re June TC 174 - 174 11.6 FOSJ re Vessel Traffic Risk Assessment update 175 - 182 11.7 NPA Response to GAFA letter April 22 2016 183 - 191 11.8 PPA Update - proposed Gabriola anchorages 192 - 193 11.9 Minister Stone re BC Ferries Schedules 194 - 198

12. WORK PROGRAM 12.1 Review and amendment of current work program 199 - 206

13. NEXT MEETING: June 1, 2016 at 8:45 a.m. (Victoria office)

14. ADJOURNMENT

3 Executive Committee Agenda – Context Notes For meeting of May 18, 2016

Revised: May 12/16

Agenda From Context Notes No.

6.3 RH A visioning session is being proposed by staff for the June Trust Council meeting, both to address the need and requests for such a discussion at Trust Council and to replace the San Juan County dialogue session which is needing postponement. 6.4 CF Staff has already invited speakers from the agencies noted on the marine shipping session outline and advised that the proposed topics are only suggestions. The session is timed to facilitate travel by float plane from Vancouver. 8.2.1 SSI LTC Salt Spring Island Local Trust Committee discussed possibilities around encouraging people to use rainwater catchment systems through the use of incentives. Staff advised that this would require a legislative change similar to the one that implemented NAPTEP. The resolution from the Salt Spring Island Local Trust Committee is much broader but is intended to achieve similar objectives.

SS-2016-72 It was MOVED and SECONDED, “that the Salt Spring Island Local Trust Committee request the Executive Committee to investigate the possibility of amendments to the Islands Trust Act to broaden the Islands Trust’s ability to serve its communities and to strengthen its mandate to preserve and protect.”

This issue is not addressed by the Strategic Plan. Staff advises that if EC would like to consider this in future, it should request that, for now, this item be added to the legislative monitoring chart under legislative change requests. Trust Area Services has no capacity to provide more than that until the State of the Islands and Policy Statement project is complete. Salt Spring Trustees could raise this as part of Trust Council’s vision session at June TC, could raise it as a proposed amendment to the strategic plan and / or direct staff could consider ways to address it as part of the Salt Spring incorporation transition study.

11 LG/CF In accordance with the EC’s policy (2.4.vi), correspondence items are for information only, unless raised for action by a member of the EC. In some instances, correspondence to others is included, if it relates to the Executive Committee’s business. 12.1 RH The EC work program is amended before each meeting with suggested priorities proposed by staff. By resolution, the EC can provide direction regarding new items or the order of priorities.

Executive Committee Minutes of Regular Meeting

Date: April 27, 2016

Location: Islands Trust Office, Salt Spring Island

Members Present: Peter Luckham, Chair Laura Busheikin, Vice Chair Susan Morrison, Vice Chair George Grams, Vice Chair

Staff Present: Russ Hotsenpiller, Chief Administrative Officer Cindy Shelest, Director, Administrative Services (by phone) Lisa Gordon, Director, Trust Area Services (by phone) Robert Kojima, Acting Director, Local Planning Services (by phone) Clare Frater, Policy Analyst, Trust Area Services (by phone) Mandy Giesbrecht, Executive Coordinator (Recorder)

1. CALL TO ORDER The meeting was called to order at 9:30 a.m. Chair Luckham acknowledged that the meeting was being held in traditional territory of the Coast Salish First Nations.

2. APPROVAL OF AGENDA

2.1 Introduction of New Items

2.2 Approval of Agenda By General Consent, the agenda was approved as presented.

2.2.1 Agenda Context Notes Provided for information.

3. ADOPTION OF MINUTES

3.1 April 5, 2016 Trust Fund Board / Executive Committee Liaison Meeting By General Consent, the Minutes of the April 5, 2016 Trust Fund Board/Executive Committee Liaison Meeting were adopted as presented.

3.2 April 6, 2016 Executive Committee Meeting By General Consent, the Minutes of the April 6, 2016 Executive Committee Meeting were adopted as presented.

4. FOLLOW UP ACTION LIST AND UPDATES

4.1 Follow Up Action List Staff provided updates on outstanding items in the Follow Up Action List.

4.2 Director/CAO Updates Directors provided updates on their follow up action list items and current activities.

5 Executive Committee Minutes of Meeting – Draft April 27, 2016 Page 1

4.3 Local Trust Committee Chair Updates Executive Committee members provided verbal updates on recent activities in their roles as local trust committee chairs.

5. BYLAWS FOR APPROVAL CONSIDERATION

5.1 Bowen Island Municipality Bylaw No. 403 Staff provided a briefing to the Executive Committee.

EC-2016-054 It was MOVED and SECONDED, That the Executive Committee advise Bowen Island Municipality that the Bylaw 403, cited as "Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010, Amendment Bylaw No. 403, 2016" is not contrary or at variance to the Islands Trust Policy Statement. CARRIED

5.2 Bowen Island Municipality Bylaw No. 404

EC-2016-055 It was MOVED and SECONDED, That the Executive Committee advise Bowen Island Municipality that the Bylaw 40, cited as "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 404, 2016" is not contrary or at variance to the Islands Trust Policy Statement. CARRIED

6. TRUST COUNCIL MEETING PREPARATION

6.1 Draft June 2016 Council Schedule Content The Executive Committee approved the schedule with the addition of Marine Shipping as an agenda item.

6.2 Draft Trust Council Continuous Learning Plan The Executive Committee requested Marine Shipping to be moved from September to June. Staff were requested to update the document to accurately reflect which sessions have been completed.

6.3 Trust Council Linear Agenda & Schedule – Sample Format Staff presented a sample linear agenda package for Executive Committee’s review and endorsement.

EC-2016-056 It was MOVED and SECONDED, That the Executive Committee request staff to implement the linear agenda format for June meeting of Trust Council. CARRIED

7. EXECUTIVE COMMITTEE PROJECTS

7.1 Trust Council Initiated

6 Executive Committee Minutes of Meeting – Draft April 27, 2016 Page 2

7.2 Executive Committee Initiated 7.2.1 AVICC Conference Executive Committee members and staff debriefed on this conference. Executive Committee requested staff to compile a summary document indicating sessions attended by EC members and staff at this event.

7.2.2 Salish Sea Ecosystem Conference Executive Committee members and staff debriefed on this conference. Staff will compile a summary document to be circulated to Trustees with links to relevant conference proceedings.

7.2.3 Chamber of Shipping of British Columbia Conference Executive Committee members and staff debriefed on this conference. Staff advised of the appointment of new Chief Executive Officer, Robert Lewis-Manning.

EC-2016-057 It was MOVED and SECONDED, That the Executive Committee request staff to extend an invitation to Robert Lewis-Manning to attend the June Trust Council Meeting on North Pender Island and provide an address to Council. CARRIED

7.2.4 Clear Seas Conference Executive Committee members and staff debriefed on this conference.

8. NEW BUSINESS

8.1 Trust Area Services

8.1.1 LTC Chairs Report on Local Advocacy Topics Executive Committee members provided verbal updates on local advocacy topics arising from local trust committee meetings.

8.1.2 Transport Canada/Canadian Coast Guard Response Planning Initiative – Trustee Expenses Staff provided insight on the content and intent of this event being held on May 25, 2016 in Nanaimo.

EC-2016-058 It was MOVED and SECONDED, That the Executive Committee endorses Chair Luckham’s attendance at the Transport Canada/Canadian Coast Guard Response Planning Initiative in Nanaimo on May 25th. CARRIED

8.1.3 RFD – Islands Trust Public Relations Program Staff provided a briefing to the Executive Committee.

7 Executive Committee Minutes of Meeting – Draft April 27, 2016 Page 3

EC-2016-059 It was MOVED and SECONDED, That the Executive Committee delegates the planning, management and implementation of the public relations program to the CAO; And that the Executive Committee continues to approve broad communications principles and strategic goals. CARRIED

8.2 Local Planning Services

8.2.1 North Pender Island LTC Request for EC Review of MOTI LOU Staff provided a briefing to the Executive Committee. Executive Committee agreed this item is a separate issue from a similar matter listed in the Follow Up Action List.

EC-2016-060 It was MOVED and SECONDED, That the Executive Committee directs staff to prepare a report detailing options for how to deal with the Ministry of Transportation and Infrastructure (MOTI) Letter of Understanding. CARRIED

8.3 Administrative Services

8.3.1 Briefing – Lasqueti Energy Budget Staff provided a briefing to the Executive Committee.

EC-2016-061 It was MOVED and SECONDED, That the Executive Committee receive the briefing cited as, “Grant Revenues – Lasqueti Energy Project” as information and forward it to the Financial Planning Committee. CARRIED

8.3.2 Victoria Office Lease Staff provided a briefing to the Executive Committee.

EC-2016-062 It was MOVED and SECONDED, That the Executive Committee supports renewal of the Victoria Office spaces lease for an additional one-year term, completing September 30, 2017. CARRIED

8.4 Executive/Trust Council

8.4.1 SARA Briefing from TFB/EC Liaison Meeting Executive Committee discussed the Species At Risk documentation that had been provided at the April 5, 2015 Trust Fund Board/Executive Committee Joint Liaison meeting.

8 Executive Committee Minutes of Meeting – Draft April 27, 2016 Page 4

EC-2016-063 It was MOVED and SECONDED, That the Executive Committee requests staff to develop an information session on Protected Species at a future Trust Council meeting; And that the Executive Committee requests staff to review and report back on how Islands Trust is responding to referrals about Species At Risk in the Islands Trust area. CARRIED

The order of business on the agenda was varied to address item 11. Correspondence ahead of items 9 and 10.

11. CORRESPONDENCE

11.1 Request to meet re: Proposed Malahat LNG and Island Gas Connector Projects

EC-2016-064 It was MOVED and SECONDED, That the Executive Committee directs CAO Hotsenpiller to respond to Steelhead LNG declining the invitation to meet at this time. CARRIED

11.2 Request for Cost Sharing - Public Info Town Hall Meeting - Steelhead-Malahat LNG Proposal

EC-2016-065 It was MOVED and SECONDED, That the Executive Committee decline the request from North Saanich to cost share a public information town hall meeting regarding Steelhead LNG; And that the Executive Committee supports representation from the Islands Trust at this event. CARRIED

11.3 Report from BC Ombudsperson Office Received for information.

The meeting recessed at 12:05 p.m. and resumed at 12:09 p.m.

The order of business on the agenda was varied to address item 9. Closed Meeting and item 10. Rise and Report before resuming item 11.

9. CLOSED MEETING

EC-2016-066 It was MOVED and SECONDED, That the meeting be closed to the public subject to Sections 90(1)(c)(g) and (i) of the Community Charter in order to consider matters related to employee relations, litigation affecting the Islands Trust and receipt of advice that is subject to solicitor-client privilege and that staff attend the meeting. CARRIED

The meeting closed to the public at 12:10 p.m. and reopened at 12:35 p.m.

9 Executive Committee Minutes of Meeting – Draft April 27, 2016 Page 5

10. RISE AND REPORT DECISIONS FROM CLOSED MEETING The Executive Committee released a motion from the Closed meeting and expressed their thanks to Ms. McErlean for taking on this important role.

EC-IC-2016-009 It was MOVED and SECONDED, THAT the Executive Committee appoint Becky McErlean to the office of Deputy Secretary for the Northern Office, effective immediately. CARRIED

The meeting recessed at 12:36 p.m. and resumed at 1:00 p.m.

11.4 GAFA - letter and MOU between PMV and NPA

EC-2016-067 It was MOVED and SECONDED, THAT the Executive Committee direct staff to draft a letter for the Chair’s signature responding to the GAFA letter regarding the MOU between PMV and NPA and advising GAFA of the procedures associated to making formal presentations to Trust Council. CARRIED

11.4.1 GAFA - request for special meeting Received for information.

11.4.2 NPA Response to GAFA Press Release Apr 19 2016 Received for information.

12. WORK PROGRAM

12.1 Review and Amendment of Current Work Program By General Consent, the Executive Committee endorsed the Work Program dated April 21, 2016 as presented.

13. NEXT MEETING: May 18, 2016, 8:45 a.m. at the Victoria office.

14. ADJOURNMENT EC-2016-068 It was MOVED and SECONDED, To adjourn the meeting. CARRIED

The meeting adjourned at 1:26 p.m.

Peter Luckham, Chair

Certified Correct

Mandy Giesbrecht, Executive Coordinator (Recorder)

10 Executive Committee Minutes of Meeting – Draft April 27, 2016 Page 6 Print Date: May 12, 2016

Follow Up Action Report

Executive Committee

Cindy Shelest Activity Activity Responsibility Target Date Status 27-Apr-2016 8.3.1 forward the Lasqueti Energy Budget document to the FPC Cindy Shelest 29-Apr-2016 On Going

27-Apr-2016 8.3.2 Renew Victoria Office spaces lease for an additional year Cindy Shelest 31-May-2016 On Going

27-Apr-2016 5.2 In Camera resolutions (2) Cindy Shelest 31-May-2016 On Going

06-Apr-2016 8.1.2 FPC open meeting agenda packages of all open meetings to Cindy Shelest On Going website

David Marlor Activity Activity Responsibility Target Date Status 27-Apr-2016 IC - Notify Northern Office staff of Deputy Secretary Appointment David Marlor 29-Apr-2016 On Going Robert Kojima

27-Apr-2016 8.4.1 Review and report back how IT is responding to referrals David Marlor 31-May-2016 On Going about Species at Risk in IT areas Lisa Gordon Jennifer Eliason

09-Mar-2016 In Camera items as directed. David Marlor 30-Jun-2016 On Going

25-Nov-2015 9.2.4 Bring recommendations re Policy 4.1.ix to future EC meeting David Marlor 30-Jun-2016 On Going

06-Oct-2015 9.2.1 Develop draft flow chart illustrating Bylaw process David Marlor 30-Jun-2016 On Going decision-making for Chair toolkit Robert Kojima

Page 1 of 411 Print Date: May 12, 2016

Follow Up Action Report

Lisa Gordon Activity Activity Responsibility Target Date Status 27-Apr-2016 8.1.3 Plan, manage and implement the PR program. Deliver draft Lisa Gordon 31-May-2016 On Going strategy Pamela Hafey

27-Apr-2016 8.4.1 Develop info session on species at risk for a future TC Lisa Gordon 30-Sep-2016 On Going meeting (add to continuous learning list) David Marlor

27-Apr-2016 11.4 Prepare letter for Chairs signature responding to GAFA letter, Lisa Gordon 18-May-2016 Done to include procedures associated to making formal presentations to Council

22-Mar-2016 5.1.1 Produce Annual report with same outline and format as last Lisa Gordon 30-Jun-2016 On Going year

09-Mar-2016 8.1.2 Circulate draft procedure for giving gifts to First Nations to Lisa Gordon 29-Apr-2016 On Going staff and trustees

09-Mar-2016 8.1.5 Media training follow-up - review EC notes, draft regular FAQs Lisa Gordon 30-Dec-2016 On Going and tips

10-Feb-2016 8.1.4 TAS staff to attend April 29, 2016 Howe Sound Community Lisa Gordon 29-Apr-2016 On Going Forum

28-Oct-2015 8.1.2 Contact FN offices about appropriate gifts and populate Lisa Gordon 30-Dec-2016 On Going database

06-Oct-2015 9.1.2 Seek advice from MCSCD and MARR staff re Aboriginal Lisa Gordon 30-Dec-2016 On Going Aquaculture Assoc.

25-Feb-2015 8.1.10 Draft Chair letter to NCC (re parts 1, 2, 4) re Grace Islet Lisa Gordon 30-Dec-2016 On Going Russ Hotsenpiller

Mandy Giesbrecht Activity Activity Responsibility Target Date Status

Page 2 of 412 Print Date: May 12, 2016

Follow Up Action Report

27-Apr-2016 6.1 Update June TC Schedule to include Marine Shipping session Mandy Giesbrecht 18-May-2016 Done Clare Frater Russ Hotsenpiller

27-Apr-2016 6.2 Update CLP to reflect Marine Shipping in June; update CLP to Mandy Giesbrecht 18-May-2016 Done reflect completed sessions

27-Apr-2016 6.3 Update eScribe to reflect new linear TC agenda format; Mandy Giesbrecht 18-May-2016 Done implement for June TC

27-Apr-2016 7.2.1-7.2.2 prepare summary document of sessions attended for Mandy Giesbrecht 18-May-2016 On Going circulation to Trustees.

27-Apr-2016 8.6 Follow up with ALC-VI panel on date for delegation presentation Mandy Giesbrecht 05-Aug-2016 On Going

Peter Luckham Activity Activity Responsibility Target Date Status 25-Nov-2015 Follow up on Chair letter sent to Aboriginal Aquaculture Assoc. Peter Luckham 31-Mar-2016 On Going

Russ Hotsenpiller Activity Activity Responsibility Target Date Status 27-Apr-2016 7.2.3 Extend invite to new Chamber of Shipping of BC CEO to Russ Hotsenpiller 31-May-2016 Done address TC at the June meeting Clare Frater

27-Apr-2016 8.2.1 Prepare report with options to deal with the MOTI LOU Russ Hotsenpiller On Going

27-Apr-2016 11.1 Respond to Steelhead LNG declining offer to meet Russ Hotsenpiller Done

06-Apr-2016 8.4.2 Draft report on potential improvements to consultant Russ Hotsenpiller On Going evaluation procurement policy

06-Apr-2016 4.3 Draft letter to MOTI re: deterioration of IT highways and roads Russ Hotsenpiller 31-May-2016 On Going

Page 3 of 413 Print Date: May 12, 2016

Follow Up Action Report

09-Mar-2016 6.4.7 Return to EC with advice on priorities chart Russ Hotsenpiller 29-Apr-2016 On Going

10-Feb-2016 IC - forward to Province as per I.C. direction Russ Hotsenpiller 31-Mar-2016 On Going

05-Aug-2015 7.4.3 Add wording about safety to LTC Chair Toolkit Russ Hotsenpiller On Going

Page 4 of 414

BRIEFING

To: Executive Committee For the Meeting of: May 18, 2016

From: Chief Administrative Officer Date prepared: May 11, 2016

File No.:

SUBJECT: TRANSITION PLAN UPDATE (Salt Spring Island Incorporation Project)

DESCRIPTION OF ISSUE: To provide Executive Committee an update on the Transition Plan associated with the Adaptation Strategy for the Salt Spring Island Incorporation Project. At March Trust Council the Strategic Plan was amended to include the delivery of a Transition Plan to the June Trust Council.

BACKGROUND:

Staff has been advancing this work through the following: 1. It was determined that the timeframes and the complexity of the project do not lend themselves to hiring external contract help to deliver the Transition Plan. Accordingly this is an ‘in-house’ project. 2. Funding provided by the Province to assist in the development of an Adaptation Strategy is being directed towards an updating of the Islands Trust Impact Study, March 2015 by Urban Systems. It is important that all financial information provide to the public is current, particularly in light of the Salt Spring Island Incorporation Study Report which will be in 2016 dollars, presumably using 2015 assessed values. The financial impacts to the Islands Trust need to be comparable. This work will be completed by early June 2016. 3. The Bowen Island Municipality incorporation experience is relevant to any potential Salt Spring Incorporation and this question consistently appears as part of public correspondence on the issue. Staff are reviewing historical records including taxation levels, asset division, legislative amendments and planning service delivery to assist in transition planning. The CAO is seeking a meeting with BIM staff and elected officials by the end of May. 4. Directors are currently providing analysis on operational transition issues. 5. Staff recommends including in the Transition Plan a new section that speaks to any changes in service delivery - and associated costs - by the organization if the incorporation vote is “No”. This would speak to the value for dollar issues that were made evident through the Impact Study in 2015 and would rationalize these results against the federated structure of the Islands Trust. 6. General Timelines: It is believed that the SSI Road Condition Study will be complete in draft form in July with findings presented to the public in late July. The Incorporation Study itself may be completed in draft form in July/August, with a public release in the fall and public meetings scheduled for October. The Ministry has provided a November 30 2016 final date for receipt of the Incorporation Study complete with recommendation to the Minister. 7. Transition Plan timelines: timelines for delivery of the Transition Plan remain very tight for a June completion, with no certainly that a final Transition Plan will be presented to Trust Council by June given the outstanding information that is being gathered. From a public process point of Islands Trust Briefing Page 1 15 view, while earlier is preferred, the public will not be substantially considering the impacts to the Islands Trust and its adaptation processes until prior to an incorporation vote, if one is approved. This date is almost assuredly in early 2017, such that publication of the Transition Plan in the fall remains a viable alternative. Nevertheless, this remains the number one priority of the CAO and Executive administration.

ATTACHMENT(S): None

AVAILABLE OPTIONS: N/A

FOLLOW-UP:  The CAO will provide a briefing to EC at the June 1 meeting.  Executive Committee and Trust Council will need to consider how they adopt the Transition Plan upon completion and how it is released to the community. These topics will be the subject of subsequent reporting to Executive Committee.

Prepared By: Russ Hotsenpiller

Reviewed By/Date:

Chief Administrative Officer

Islands Trust Briefing Page 2 16

REQUEST FOR DECISION

To: Executive Committee For the Meeting of:: May 18, 2016

Date: May 11, 2016

SUBJECT: BOWEN ISLAND – LUB BYLAW 399 – S.15 LETTERS PATENT REFERRAL

RECOMMENDATION: THAT the Executive Committee advise Bowen Island Municipality that the Bylaw 399, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 399, 2016” is not contrary or at variance to the Islands Trust Policy Statement.

DIRECTOR COMMENTS: Bowen Island Municipality has referred Bylaw 399 to the Executive Committee after first reading. It is a ‘non-OCP’ bylaw that requires comment only, rather than approval. Staff recommends that the Executive Committee advises that the bylaw is not contrary to or at variance to the Islands Trust Policy Statement.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: None

FINANCIAL: None

POLICY: None

IMPLEMENTATION/COMMUNICATIONS: Communication to Bowen Island Municipality before May 28, 2016 on the Executive Committee decision.

OTHER: None

1.0 BACKGROUND:

1.1 Bowen Island Land Use Bylaw Amendment 399 – First Reading

Proposed Bylaw No. 399 is a Land Use Bylaw Amendment to amend a site specific zone to permit additional uses. The subject property is approximately 0.59 ha in area and is serviced by an onsite sewerage system and well. The property contains one dwelling unit, one accessory dwelling unit, horticulture (garden and greenhouse), and 245 m² of cottage industry (commercial kitchen and office space). The accessory dwelling unit, horticulture and cottage industry uses are not permitted by current zoning therefore a zoning amendment is required. The Bowen Island staff report dated April 11, 2016 states that the existing mixed-uses on the subject property serve as a source for local food and local employment, as well as affordable rental housing (the accessory dwelling).

The property is currently zoned Comprehensive Development 10 (CD 10) – Area 1. The CD 10 permits a dwelling unit and domestic agriculture as principal uses and home occupation and

Islands Trust Request For Decision Page 1 17 secondary suite as accessory uses. The minimum lot area is 0.6 ha and the maximum lot coverage of all buildings and structures calculated as follows: 100m² plus 10% to a maximum of 500 m².

Proposed Bylaw No. 399: Proposed Bylaw No. 399 intends to amend the site specific zone CD 10 – Area 1 zone by: a) Allowing Horticulture and Cottage Industry as a permitted use; b) Allowing an accessory Dwelling Unit subject to a Housing Agreement; c) Limiting maximum lot coverage to 100m² plus 5% to a maximum of 500 m²; and d) Establishing a minimum lot area of 2 ha.

Designation (Official Community Plan): The parcels are designated Rural 1 (R 1) in the Bowen Island Municipality Official Community Plan (OCP) Bylaw No. 282, 2010. The R 1 designation is intended for large lots that provide rural resource values, such as agriculture and forestry, and properties that have been maintained for purposes of a rural lifestyle.

First Reading: The Bowen Island Municipal Council gave First Reading to proposed Bylaw No. 399 on April 11, 2016.

2.0 REPORT/DOCUMENT:

2.1 Proposed Bylaw No. 399 – Analysis

The Land Use Bylaw amendment is supported by policies in the Bowen Island Official Community Plan (OCP):

Policy 134 – The average parcel size for properties located in the Rural designation is 4 hectares (10 acres). In the areas designated Rural 1 the average parcel size is two hectares. The following policies apply to both Rural and Rural:  dwelling density will be limited to one dwelling unit per lot except where the property is eligible for consideration for purposes of providing affordable housing, rental housing or special needs housing or lots containing an accessory dwelling; and  land use regulations for lands designated as Rural and Rural 1 will take into account the importance of these lands with respect to environmental values, water quality and quantity, groundwater flow, viewscapes, island character and passive recreational opportunities. As part of subdivision processes, the Approving Officer may require a covenant that enables or enhances green space and/or forest cover connectivity.

11.2.6 Initiatives from Section 7 (Housing) – The Municipality will:  consider the provision of “perpetually affordable” rental or home ownership housing by the Municipality as an amenity at the time of rezoning and will require a Housing Agreement registered as a covenant through the Land Title Act to ensure it remains “perpetually affordable” (Policy 361);

The density limits for the Rural 1 designation, as stated in the OCP, is one dwelling unit with the exception that an accessory dwelling is permitted if it provides for affordable housing, rental housing or special needs housing. The proposed Bylaw No. 399 meets Policy 134 as the accessory dwelling is only permitted if a housing agreement is in place securing the accessory dwelling for long term rental.

Islands Trust staff is of the opinion that the proposed zoning amendment meets the objectives and policies in the Bowen Island Municipality Official Community Plan. Based on the information Islands Trust Request For Decision Page 2 18 provided in the Bowen Island Municipality staff report dated April 11, 2016 it can be concluded that there will be no inconsistencies between proposed Bylaw No. 399 and the Bowen Island Municipality OCP.

2.2 Policy Statement Directives Only Checklist

Attachment 2 is a copy of the “Policy Statement Directives Only Checklist” that is used to assess whether or not a bylaw is contrary to or at variance with the Islands Trust Policy Statement (ITPS).

 Policies for Ecosystem Preservation and Protection. Directive policies under Part III of the ITPS deal with: o preservation and protection of ecosystems (policies 3.1.3, 3.1.4 and 3.1.5); o forest ecosystems (policy 3.2.2); o freshwater and wetland ecosystems and riparian zones (policy 3.3.2);and o coastal and marine ecosystems (policies 3.4.4 and 3.4.5).

The policies in this section of the ITPS are not applicable to proposed Bylaw No. 399.

 Policies for Stewardship of Resources Directive policies under Part IV of the ITPS deal with: o agricultural land (policies 4.1.4 to 4.1.9 inclusive) o forests (policies 4.2.6, 4.2.7, and 4.2.8) o freshwater resources (policies 4.4.2 and 4.4.3) o coastal areas and marine shorelands (4.5.8 to 4.5.11 inclusive) o soils and other resources (policy 4.6.3)

Proposed Bylaw No. 399 is consistent with the Agricultural Land Policies 4.1.5 and 4.1.8. The proposed bylaw would also be consistent with the Freshwater Resources Policy 4.4.2 when the applicant provides a water system assessment to ensure adequate supply for current and proposed uses.

 Policies for Sustainable Communities Directive policies under Part V of the ITPS deal with: o aesthetic qualities (policy 5.1.3) o growth and development (policies 5.2.3 to 5.2.6 inclusive) o transportation and utilities (policies 5.3.4 to 5.3.7 inclusive) o disposal of waste (policy 5.4.4) o recreation (policies 5.5.3 to 5.5.7) o culture and natural heritage (policies 5.6.2 and 5.6.3) o economic opportunities (policy 5.7.2) o health and well-being (policy 5.8.6)

Proposed Bylaw No. 399 is consistent with the Growth and Development Policy 5.2.5, the Economic Opportunities Policy 5.7.2, and the Health and Well-being Policy 5.8.6. All other policies in this section are deemed to be not applicable to the proposed bylaw by the Islands Trust staff.

2.3 Staff Comments

The purpose of the staff report is to not approve the LUB amendment bylaws, but to advise if the bylaw is or is not contrary to or at variance to the Islands Trust Policy Statement (ITPS). Based on a review of proposed Bylaw No. 399, Bowen Island staff reports, and ITPS Checklist, Islands Trust staff is of the opinion that proposed Bylaw No. 399 is not contrary to or at variance with the ITPS.

Islands Trust Request For Decision Page 3 19 2.4 Public Comments to Executive Committee

As of the date of this RFD, no public comments have been received at the Islands Trust Office.

ATTACHMENTS: 1. Bylaw Approval Process and Authority 2. Islands Trust Policy Statement - Directives Only Checklist 3. Bylaw 399 – LUB amendment

KEY ISSUE(S)/CONCEPT(S):  referral of the proposed Bylaw No. 399 under s.15 of the Letters Patent  Referral is before Third Reading  Written response to Bowen Island Municipality required by May 28, 2016 (45 days after date of receipt of the referral on April 13, 2016).  Comments from Executive Committee limited to whether or not Bylaw 399 is contrary to or at variance with the ITPS  Staff considers that Bylaw 399 is not contrary to or at variance with the ITPS.

RELEVANT POLICY:  Islands Trust Policy Statement Directive Policies  1.3.i Policy Statement Implementation Policy  Bowen Island Letters Patent

DESIRED OUTCOME:  Municipal bylaws that are not contrary to or at variance with the Islands Trust Policy Statement  Timely and effective response to The Municipality.

RESPONSE OPTIONS

Recommended: THAT the Executive Committee advise Bowen Island Municipality that the Bylaw 399, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 399, 2016” is not contrary or at variance to the Islands Trust Policy Statement.

Alternatives: o Advise The Municipality in writing that the Executive Committee considers that Bylaw 399 is contrary to or at variance with the Islands Trust Policy Statement for other specified reasons, triggering notification of the Minister.

Prepared By: Kim Stockdill, A/Planner 2

Reviewed By/Date: David Marlor, Director of Local Planning Services May 11, 2016

Islands Trust Request For Decision Page 4 20 Attachment 1 – Bylaw Approval Process and Authority

Note 1 - the term “Bowen Municipality” or “Bowen Island Municipality” is used in the Islands Trust Act, regulations and Policy, and the term “The Municipality” is used in the Bowen Island Municipality Letters Patent. All are deemed to mean the same. For the purpose of this report, the term “the Municipality” shall be used, except where quoting from legislation.

Note 2 – the Bowen Letters Patent refer to “Islands Trust”, while the authority for bylaw approval is the “Executive Committee”. Both are deemed to mean the same thing. For the purpose of this report, the term “Executive Committee” shall be used, except where quoting from legislation.

Bowen Island Letters Patent

The relevant sections of the Bowen Island Letters Patent related to the Executive Committee’s responsibilities in consideration of municipal bylaws are summarized as follows:

 Section 15 states that “where a municipality proposes to adopt a bylaw, other than an official community plan bylaw, which has any reference to a matter included in the Trust Policy Statement, the municipality shall refer the proposed bylaw to the Islands Trust prior to third reading of the proposed bylaw, and the Islands Trust must advise the Council if it has any objections to the proposed bylaw within 45 days after the date of the referral, subject to the provisions of, and procedures which may be established in an agreement between the municipality and the Islands Trust pursuant to section 17.0 of these Letters patent, after which time Council may proceed with the proposed bylaw subject to Section 15.1 of these Letters Patent.

Islands Trust Policy 1.3.i [Policy Statement Implementation Policy] Islands Trust Policy 1.3.i is the Policy Statement Implementation Policy. Relevant sections of the Policy in regards to a referral between first reading and a public hearing are included below:

1. Policy D1.4 of Policy Statement Implementation Policy states that: The Islands Trust Policy Statement require local trust committees in the official community plan and regulatory bylaws, and island municipalities under Section 38 (1) of the Islands Trust Act to address certain matters from the Policy Statement, or explicit reasons and justifications for not doing so. A bylaw will not be contrary to or at variance with the Policy Statement if it fails to include a particular policy or regulation, so long as the bylaw contains sufficient reason or justification for not doing so.

2. Policy D1.5 of Policy Statement Implementation Policy states that: Where an updated bylaw does not include a particular policy or regulation required by the Policy Statement and the bylaw sets out reasons for that, the Executive Committee and Trust Council will assess the sufficiency of those reasons using such criteria as: a) whether the reasons are explicitly set out such that it is clear that the local trust committee directed its attention to the matter in question and made a considered decision not to include the policy or regulation. b) whether the reasons have to do with particular local circumstances that may not have been contemplated in the drafting of the Policy Statement. c) whether the reasons arise from the necessity of balancing two or more components of the Policy Statement that cannot be achieved simultaneously. d) whether existing planning studies or reports relied on by the local trust committee indicate that the Policy Statement is inapplicable in the circumstances.

Islands Trust Request For Decision Page 5 21

Bowen Island LUB Referral Process Referral of a Land Use Bylaw from the Municipality occurs before Third Reading in accordance with s.15 of the Letters Patent. The referral and approval process is outlined in the Protocol Agreement between the Islands Trust Council and Bowen Island Municipality, available here: http://islandstrust.bc.ca/tc/pdf/orgagrsep142010oth.pdf

Executive Committee Consideration The Letters Patent sets out the time limits on the process for a referral before Third reading. The Executive Committee has 45 days from the date of receipt of the LUB referral to provide written comments to The Municipality. Section 15 of the Letters Patent requires that the Executive Committee advise the Municipality if it has any objection to the bylaw within the 45 day time limit.

The Municipality referred the Bylaw for comment to the Islands Trust Executive Committee and was received by Islands Trust staff on April 13, 2016. A response is required to be received at the Municipality no later than the end of the day on May 28, 2016.

The Executive Committee may: 1. advise the Municipality that is no objections to the bylaw; or 2. advise the Municipality that it consider that provisions of the bylaw may be contrary to or at variance with the Trust policy statement.

The Municipality’s Considerations Should the Executive Committee advise the Municipality that it considers that provisions of the bylaw may be contrary to or at variance with the ITPS, then the Municipality must notify the Minister of Community, Sport and Cultural Development.

In this situation, the Minister may then provide advice or direction to the Municipality and Islands Trust regarding the proposed bylaw or require the Municipality and Islands Trust to resolve the issues using dispute resolution mechanisms contained in Section 859 and 862 of the Local Government Act.

Islands Trust Request For Decision Page 6 22 POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw and File No: BIM 399 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.

There are three different kinds of policies within the Policy Statement as follows:  Commitments of Trust Council which are statements about Council’s position or philosophy on various matters;  Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and  Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.

DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.

Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows:  if the bylaw is consistent with the policy from the Policy Statement, or  if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.

Islands Trust Request For Decision Page 7 23 Part III Policies for Ecosystem Preservation and Protection

CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.2.2 protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 n/a protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 n/a planning for and regulation of development in coastal regions to protect natural coastal processes.

PART IV: Policies for the Stewardship of Resources

CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 n/a identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses.

Islands Trust Request For Decision Page 8 24 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 n/a use of adjacent properties to minimize any adverse affects on agricultural land. CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural 4.1.8  land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 n/a use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 n/a need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2  with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 n/a measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 n/a needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 n/a compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 n/a opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.

Islands Trust Request For Decision Page 9 25 4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.6.3 n/a protection of productive soils.

PART V: Policies for Sustainable Communities

CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 n/a policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 n/a the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.6 n/a the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.4.4 n/a the identification of acceptable locations for the disposal of solid waste.

Islands Trust Request For Decision Page 10 26 CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 n/a the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 n/a recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7 n/a the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 n/a the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 n/a the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2  economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services. POLICY STATEMENT COMPLIANCE  COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:

Islands Trust Request For Decision Page 11 27 28 29 30 Bylaw Submission Briefing Note

Date: May 6, 2016 To: Executive Committee for the meeting of May 18, 2016 From: Jason Youmans, Planner 2, Local Planning Services Re: Salt Spring Island Proposed Bylaw No. 484

The Salt Spring Island Local Trust Committee is pleased to submit Proposed Bylaw No. 484 for Executive Committee consideration. The purpose of this briefing note is to provide the Executive Committee with a summary of the bylaw.

Purpose The purpose of Proposed Bylaw No. 484 is to amend Salt Spring Island Land Use Bylaw No. 355 to introduce a 30 metre setback between drinking water wells and septic fields in an approximately 140 lot subdivision on the northeast side of the Island. The bylaw is a response to neighbourhood concern about oversight of the installation of septic fields and drinking water wells in an area characterized largely by quarter acre lots.

Background Local Trust Committee consideration

 January 8, 2015 - LTC establishes resolving Grantville septic/drinking water issues as a Top Priority.

 May 14, 2015 – LTC direct staff to draft bylaw amendment requiring 30.5 metre separation between sewage disposal fields and wells. Also amend and endorse project charter.

 July 9, 2015 – LTC directs staff to seek legal review relating to authority to regulate betterment of septic systems through Development Permit Area

 September 6, 2015 - LTC endorses amended project charter, gives proposed Bylaw 484 first reading, and refers it to First Nations, public agencies, and SSI Advisory Planning Commission

 October 1, 2015 – LTC amends proposed Bylaw 484 and gives it second reading. Amends project charter.

 November 19, 2015 – LTC amends project budget and allocates funds for a legal opinion concerning the intersection of proposed bylaw and the B.C. Sewerage System Regulation.

31  December 17, 2015 – LTC rescinds second reading, amends bylaw to narrow the geographic scope to that shown on Schedule J of the bylaw, gives amended version second reading.

 March 3, 2016 – Community Information Meeting and Public Hearing for Proposed Bylaw 484.

 March 10, 2016 – LTC directs staff to amend proposed bylaw 484 to make explicit that it applies equally to the distance of wells from septic fields.

 May 5, 2016 – LTC amends proposed bylaw as per direction of March 10. LTC gives third reading to Proposed Bylaw 484 as amended. Also accepts Directives Only Policies Checklist and resolves to forward to EC.

Planning Commission referrals

 August 20, 2015 – Advisory Planning Commission passed one resolution that LTC proceed with proposed Bylaw 484.

Issues Relating To Provincial Interest: The bylaw was referred to the following provincial agencies, which provided the responses below:

 Ministry of Environment: Approval Recommended - “It will help ensure the quality of the well water and reduce the risk of disease to humans.”  Ministry of Health: Approval Recommended Subject to Conditions – “I commend Salt Spring Island Local Trust Committee for their efforts to create a setback bylaw on onsite sewage.”  Island Health: Approval Recommended Subject to Conditions – “. . . The only issue would be a replacement of a failed system when the original was installed prior to the health authority’s involvement and within the 30.5 metre setback and the lot sizing would prohibit a replacement.”  Ministry of Forests, Lands and Natural Resource Operations: Approval Not Recommended – “FLNRO does not recommend approval of the proposed bylaw. The required setback between a septic system and a well is presently addressed within the Provincial statutes.”

Issues Relating To Community Interest: The bylaw was referred to the following community agencies, which provided the responses below:  CRD (Salt Spring Island – Drinking Water): Approval Recommended Subject to Conditions

 CRD Environmental Services: Approval Not Recommended – “The Health Act regulates the distance to wells and any potable water source from the sewage disposal fields. The VIHA should be the primary group that should be providing their input.

Bylaw Submission Briefing Note Page 2 of 3 32  Adjacent LTCs (Galiano, Mayne, North Pender and Thetis Island LTCs – all “Recommend Approval” or “Interests unaffected”)

Issues Relating To Enforcement or Resourcing: Bylaw 484 will introduce an additional regulation. Staff anticipate that some property owners in the area subject to the bylaw will require development variance permits to construct new sewage disposal fields that do not comply with the bylaw.

Recommendation: THAT the Islands Trust Executive Committee approve Salt Spring Island Local Trust Committee Bylaw No. 484, cited as “Salt Spring Island Land Use Bylaw, 1999, Amendment No. 2, 2015,” under Section 24 of the Islands Trust Act. cc. David Marlor, Director Local Planning Services

Bylaw Submission Briefing Note Page 3 of 3 33 Local Trust Committee Bylaws Submission for Executive committee Approval

Local Trust Committee: Salt Spring Island Local Trust Committee Bylaw No.: SS-484

Bylaw Type: Land Use Bylaw

Date of resolution referring bylaw to Executive Committee: 06-May-2016

X Bylaw Submission Checklist attached

X Policy Statement Checklist attached* * not required for administrative bylaws

X Summary of Bylaw Intent Attached

Recieved by Islands Trust Secretary:

Signature: Date: Secretary

Deadline for Executive Committee decision (one month after receipt by Secretary as determined pursuant to the Interpretation Act*):

Date bylaw will appear on Executive Committee agenda:

· a month means "a period calculated from a day in one month to a day numberically corresponding to that day in the following month, less one day" · In the calculation of time expressed as clear days, weeks, months or years, or as "at least" or "not less than" a number of days, weeks, months, or years, the first and last

Distribution: Executive Committee Director, LPS Local Trust Committee Planner Planning Clerk

34 Print Date: May 6, 2016

Referrals: Bylaw SS-484

Agency Sent Received Capital Regional District - Electoral Area Director 04-Aug-2015 06-Aug-2015 Building Inspection: Inspection, Building Comment: Interests unaffected Cowichan Valley Regional District 04-Aug-2015 07-Aug-2015 175 Ingram Street: Tippett, Mike Comment: Interests unaffected Ministry of Community, Sport and Cultural Development 04-Aug-2015 Intergovernmental Relations and Planning Division: Nicholls, Eric

SSI Parks & Recreation Commission 04-Aug-2015 145 Vesuvius Bay Road: Campbell, Karla

Tsawwassen First Nation 04-Aug-2015 1926 Tsawwassen Drive: McCarthy, Tom

Tsawout First Nation 04-Aug-2015 PO Box 121, 7725 Tetayut Road: Underwood, Gwen

Island Health 04-Aug-2015 10-Sep-2015 Health Protection and Environmental Services: Laughlin, Christopher Comment: Approval recommended subject to conditions in email correspondence of September 10, 2015 Tseycum First Nation 04-Aug-2015 1210 Totem Lane: Lewis, Lawrence

Pauquachin First Nation 04-Aug-2015 9010 West Saanich Road: Henry, Danny

Tsartlip First Nation 04-Aug-2015 PO Box 70: Harry, Karen

Hul'qumi'num Treaty Group 04-Aug-2015 12611-B Trans Canada Highway: Anderson, Al

Malahat First Nation - Te'mexw Treaty Association 04-Aug-2015 110 Thunder Road: Lewis, Lawrence

Halalt First Nation 04-Aug-2015 7973 Chemainus Rd: Chief, & Council

Page 1 of35 3 Print Date: May 6, 2016

Referrals: Bylaw SS-484

Agency Sent Received Penelakut Tribe 04-Aug-2015 Chief and Council: James, Denise

Lake Cowichan First Nation 04-Aug-2015 313B Deer Road: Chief, & Council

Lyackson First Nation 04-Aug-2015 7973A Chemainus Road: Johnnie, Kathleen

Stz'uminus First Nation 04-Aug-2015 12611 A Trans Canada Hwy: Akey, Chenoa

Capital Regional District - Environmental Services 04-Aug-2015 PO Box 1000, 625 Fisgard Street: Sparanese, Peter

Galiano Island Local Trust Committee 04-Aug-2015 24-Sep-2015 200 - 1627 Fort Street: Busheiken, Laura Comment: Interests Unaffected North Pender Island Local Trust Committee 04-Aug-2015 10-Sep-2015 Islands Trust: Starke, Justine Comment: approval recommended as it could serve as a model for other LTC's Mayne Island Local Trust Committee 04-Aug-2015 30-Sep-2015 Islands Trust: Richardson, Gary Comment: Interests Unaffected Thetis Island Local Trust Committee 04-Aug-2015 29-Sep-2015 Northern Office: Brzozowski, Aleksandra Comment: Interests Unaffected Cowichan Tribes 04-Aug-2015 Chief and Council: and Council, Chief

Capital Regional District - All Referrals J. Arnet 04-Aug-2015 01-Sep-2015 625 Fisgard Street: Arnet, Jessica Comment: Approval not recommended - see referral response dated Sept 1, 2015 Local SSI CRD Engineering also provided a response with Approval recommended subject to conditions - see referral response dated Aug 26, 2015 Te'Mexw Treaty Association 04-Aug-2015 13D Cooper Road: ,

Page 2 of36 3 Print Date: May 6, 2016

Referrals: Bylaw SS-484

Agency Sent Received Semiahmoo First Nation 04-Aug-2015 16049 Beach Road: Arnet, Jessica

Ministry of Forests, Lands and Natural Resource Operations - Water 04-Aug-2015 02-Sep-2015 Protection # 142 - 2080A Labieux Road: Arnet, Jessica Comment: Approval not recommended due to reasons outlined in correspondence of September 2, 2015 Ministry of Health Services 04-Aug-2015 26-Aug-2015 Public Health Protection Branch: Arnet, Jessica Comment: Approval recommended subject to conditions outlined in the correspondence dated August 26, 2015. Ministry of Forests, Lands and Natural Resource Operations - Ecosystems 04-Aug-2015 12-Aug-2015 Branch 2080 Labieux Road: , Comment: Approval recommended as follows: It will help ensure the quality of well water and reduce the risk of disease to humans.

Page 3 of37 3 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 1

POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw No. 484 File No: 4056 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

38 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

Part III Policies for Ecosystem Preservation and Protection

CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in

their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.4.4 protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.4.5 planning for and regulation of development in coastal regions to protect natural coastal processes.

PART IV: Policies for the Stewardship of Resources

other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.6 use of adjacent properties to minimize any adverse affects on agricultural land.

39 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 3

agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.9 use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.6 need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2  with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.4.3 measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.8 needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.9 compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.5.11 opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.

40 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.6.3 protection of productive soils.

PART V: Policies for Sustainable Communities

CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3  policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.5 the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.6 the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.

41 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 5

CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of N/A 5.5.5 recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.7 the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.6.2 the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.6.3 the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.

POLICY STATEMENT COMPLIANCE  COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY

42 Print Date: May 6, 2016

Bylaw: SS-484

Executive Committee

Policy Checklist

Checklist Key: Consistent The bylaw is consistent with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv Contrary The bylaw is inconsistent (contrary or at variance) with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv Not-Applicable The policy is not applicable with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv .

Executive Committee Legislative Role Policy (2.4)

Consistent i Bylaw is consistent with the object of the Trust

Consistent ii Bylaw is not contrary to or at variance to the Islands Trust Policy Statement

Consistent iii Bylaw does not expose the Islands Trust to unreasonable expense in the administration or enforcement of the bylaw Consistent iv Bylaw is not enacted without legal authority, including inconsistency with the relevant OCP (based on legal advice)

Checklist Key: Requires Staff resources required to assist with administration. Resources No Resources No staff resources required. Required

The Bylaw has been Examined Against Best Management Practices for Delivery of Local Planning Services as found in Section 5.9 of the Islands Trust Policy Manual

No Resources B.5 Bylaw is consistent with the object of the Trust Required No Resources B10 Bylaw is not contrary to or at variance to the Islands Trust Policy Required Statement

Page 1 of 432 Comments

Completed By:

Status

Date Resolution Referred to Exective Committee: 06-May-2016 Reading:

Page 2 of 442

PROPOSED

SALT SPRING ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 484

A BYLAW TO AMEND SALT SPRING ISLAND LAND USE BYLAW, 1999

The Salt Spring Island Local Trust Committee, being the Trust Committee having jurisdiction in respect of the Salt Spring Island Local Trust Area under the Islands Trust Act, enacts as follows:

1. Citation

This Bylaw may be cited for all purposes as “Salt Spring Island Land Use Bylaw, 1999, Amendment No. 2, 2015”.

2. Salt Spring Island Local Trust Committee Bylaw No. 355, cited as “Salt Spring Island Land Use Bylaw, 1999”, is amended by adding a new Section 4.6 Setbacks From Drinking Water Wells – Water Quality Protection as follows:

2.1 “Section 4.6 – Setbacks from Drinking Water Wells – Water Quality Protection

4.6.1 No sewage disposal field or septage pit may be located within 30 metres of a drinking water well within all land designated in the shaded area on Schedule J of this bylaw.

4.6.2 No drinking water well may be located within 30 metres of a sewage disposal field or septage pit within all land designated in the shaded area on Schedule J of this bylaw.”

3. By adding a new Schedule “J” titled “Salt Spring Island Local Trust Committee Bylaw No. 484, Schedule J, Sewage Disposal Field/Drinking Water Well Setback Map” dated December 9, 2015 attached to and forming part of this bylaw.

4. By making such consequential numbering alterations to effect this change.

READ A FIRST TIME THIS 9TH DAY OF JULY , 2015

READ A SECOND TIME THIS 17TH DAY OF DECEMBER , 2015

PUBLIC HEARING HELD THIS 3RD DAY OF MARCH , 2016

SS-BL-484

READ A THIRD TIME THIS 5TH DAY OF MAY , 2016

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS

DAY OF , 20

ADOPTED THIS DAY OF , 20

______Chair Secretary

SS-BL-484

SALT SPRING ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 484 SCHEDULE J

47 First Nation Engagement

Referral of: Setback for Septic Fields – SSI and Grantville/Fort Street BL 484

First Nation: Cowichan Tribes

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU phone call – left message CMO

First Nation: Halalt

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU phone call – spoke to reception, advised that we CMO welcome comments

First Nation: Lake Cowichan

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FUcall to Carol Livingstone CMO

First Nation: Lyackson

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept25-15 FU call to Kathleen Johnnie CMO

First Nation: Malahat

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU call to Lawrence Lewis CMO

First Nation: Pauquachin

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept25-15 FU call – Danny Henry no longer there – referred to CMO

48 main reception email

First Nation: Penelakut Tribe

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU call to Denise James – left partial message – line CMO went dead

First Nation: Hul'quminum Treaty Group (For Information Only

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO

First Nation: Stz’uminus

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU call with Ray Gauthier – no concerns CMO

First Nation: Tsartlip

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU call to Karen Harry CMO

First Nation: Tsawout

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU call to Gwen Underwood who requested a map CMO showing location of the principal area affected by the bylaw – sent this to all FN referral agencies on Sept 25-15

First Nation: Tsawwassen

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO

49 Sept 25-15 FU call to Colin Ward CMO

First Nation: Tseycum

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 Left a message at main phone number – unable to patch through to last contact which was Vern Jack – not in their phone list

First Nation: Te'Mexw Treaty Association (For Information Only)

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 Corrected contact list to address to Stacey Joseph CMO

First Nation: Semiahmoo First Nation

Date Comment/Action Initial Aug 4-15 Sent Referral CMO Sept 25-15 FU email w attach CMO Sept 25-15 FU phone message CMO

Bylaw Submission Briefing Note

Date: April 24, 2016

To: Islands Trust Executive Committee

From: Sonja Zupanec, Island Planner

Re: Proposed Bylaw No. 90, a Bylaw to Amend the Lasqueti Island Land Use Bylaw No. 78, 2005

The Local Trust Committee is pleased to submit for your approval the proposed Bylaw No. 90.

Purpose: The purpose of this briefing note is to summarize the proposed amendment bylaw, which amends the Lasqueti Island Land Use Bylaw with setback provisions to implement the Riparian Areas Regulation (RAR) on Lasqueti Island.

Background: The Riparian Area Regulation (RAR) of the Fish Protection Act, enacted in 2006, requires local governments to amend their bylaws to require an assessment by a Qualified Environmental Professional (QEP) before any development within 30 metres of a stream that has the features, functions and conditions suitable to support fish. The project for Lasqueti Island was initiated in 2012 and the Local Trust Committee (LTC) endorsed a screening and setback option.

In 2014 a bylaw amendment was drafted and watershed assessments were completed. The first community meeting was held.

In 2015 a second community meeting was held and the Lasqueti Advisory Planning Commission (APC) were given two RAR referrals. Watershed re- assessments were undertaken to address community concerns. First reading of the bylaw was given and referrals were sent out.

In 2016 the bylaw was amended at second reading based on referral responses and public input. Proposed Bylaw No. 90 was given third reading on April 23,

Bylaw Submission Briefing Note Page 1 of 2 51

2016. Proposed Bylaw No. 90 identifies RAR and non RAR applicable watersheds on Lasqueti Island and specifies a 30 metres setback for all buildings and structures as well as no vegetation removal and the need for a QEP report when requesting a variance in RAR applicable watersheds.

Issues Relating To Provincial Interest & First Nations: Compliance with the RAR is a provincial interest, and adoption of this Land Use Bylaw (LUB) amendment will meet this obligation of the Local Trust Committee under the RAR of the Fish Protection Act. Qualicum First Nation provided comments on the draft bylaw which were incorporated into the bylaw at second reading.

Recommendations:

1. THAT the Islands Trust Executive Committee approve the Lasqueti Island Local Trust Committee Bylaw No. 90, cited as “Lasqueti Island Land Use Bylaw 78, 2005 Amendment No. 2, 2014.”

Bylaw Submission Briefing Note Page 2 of 2 52 Local Trust Committee Bylaws Submission for Executive committee Approval

Local Trust Committee: Lasqueti Island Local Trust Committee Bylaw No.: LA-090

Bylaw Type: Land Use Bylaw

Date of resolution referring bylaw to Executive Committee: 23-Apr-2016

X Bylaw Submission Checklist attached

X Policy Statement Checklist attached* * not required for administrative bylaws

X Summary of Bylaw Intent Attached

Recieved by Islands Trust Secretary:

Signature: Date: Secretary

Deadline for Executive Committee decision (one month after receipt by Secretary as determined pursuant to the Interpretation Act*):

Date bylaw will appear on Executive Committee agenda:

Distribution: Executive Committee Director, LPS Local Trust Committee Planner Planning Clerk

53 Print Date: May 10, 2016

Bylaw: LA-090

Trust Area: Lasqueti Island Local Trust Committee Type: Land Use Bylaw Bylaw No.: LA-090 Application No.: Trust Initiated: Yes

Proofread By:

Clerk: Yes Technical Staff: No Planner: Yes

First Reading Date: 08-Oct-2015 Bylaw Sent to Referrals:Yes Date Proposed Bylaw to Web:08-Sep-2015

Resolutions:

Resolution Waiving Public Hearing:No Resolution Authorizing Public Hearing:Yes Resolution to Proceed no Further Date:

Secretary Signature Block:

Secretary's Signature: McErlean, Becky Date: 07-Apr-2016 File complete and ready for Public review: Yes

Public Hearings:

Location: Lasqueti Community Hall, Main Rd, Lasqueti Island Proofread By: Eggen, Marnie

Legal Paper: Parksville Qualicum Beach News First Publish Date: 07-Apr-2016 Second Publish Date: 14-Apr-2016

Alternate Paper: First Publish Date: Second Publish Date:

Mailout Date:23-Mar-2016 Delivery Notices: 01-Apr-2016 Date Public Hearing Held: 08-May-2016 Second Reading Date: 15-Feb-2016 Third Reading Date: 23-Apr-2016

54 Print Date: May 9, 2016

Referrals: Bylaw LA-090

Agency Sent Received Agricultural Land Commission 14-Dec-2015 14-Dec-2015 Rm. 133 4940 Canada Way: Bednard, Gordon Comment: Approval Recommended Ministry of Agriculture 14-Dec-2015 13-Jan-2016 BC Access Centre: Hatfield, Jill Comment: Approval Recommended Ministry of Transportation and Infrastructure 14-Dec-2015 11-Jan-2016 Vancouver Island District Office: Silbernagel, Tim Comment: Approval Recommended Powell River Regional District 14-Dec-2015 01-Feb-2016 5776 Marine Avenue: Radke, Al Comment: Supports Bylaw No. 90 Qualicum Indian Band 14-Dec-2015 5850 River Road: Recalma, Michael Comment: School District No. 69 14-Dec-2015 PO Box 430: Koop, Rollie Comment: Sliammon First Nation 14-Dec-2015 04-Jan-2016 RR #2, Sliammon Road: Galligos, Craig Comment: Interests Unaffected by Bylaw Islands Trust Fund 14-Dec-2015 20-Jan-2016 200, 1627 Fort Street: Eliason, Jennifer Comment: Approval Recommended Hul'qumi'num Treaty Group 14-Dec-2015 12611-B Trans Canada Highway: Anderson, Al Comment: For Information Only Cowichan Tribes 14-Dec-2015 5760 Allenby Rd: Reed, Helen Comment: Halalt First Nation 14-Dec-2015 7973 Chemainus Rd: Chief, & Council Comment: Penelakut Tribe 14-Dec-2015 Chief and Council: James, Denise Comment: Lake Cowichan First Nation 14-Dec-2015 313B Deer Road: Chief, & Council Comment: Lyackson First Nation 14-Dec-2015 20-Jan-2016 Page 1 of55 2 Print Date: May 9, 2016

Referrals: Bylaw LA-090

Agency Sent Received 7973A Chemainus Road: Johnnie, Kathleen Comment: Comments provided regarding fences and stairways. Ministry of Forests, Lands and Natural Resource Operations - Ecosystems 14-Dec-2015 Branch 2080 Labieux Road: Andres, Selina Comment: Stz'uminus First Nation 14-Dec-2015 12611A Trans Canada Hwy: Akey, Chenoa Comment: Snaw'Naw'As Nation 14-Dec-2015 209 Mallard Way: Coordinator, Referrals Comment: Ministry of Forests, Lands & Natural Resource Operations 14-Dec-2015 2080 - A Labieux Road: BC, FrontCounter Comment: Department of Fisheries and Oceans 14-Dec-2015 18-Dec-2015 Habitat Management Branch: Referrals, Bylaw Referrals Comment: FYI - that Fisheries and Oceans Canada does not have a regulatory role related to the review of bylaws

Page 2 of56 2 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 1

POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw and File No: 6500-20 Lasqueti Island Land Use Bylaw Amendment No. 90 – Riparian Areas Regulation Implementation

PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

There are three different kinds of policies within the Policy Statement as follows:

57 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

 Commitments of Trust Council which are statements about Council’s position or philosophy on various matters;  Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and  Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.

58 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 3

Part III Policies for Ecosystem Preservation and Protection

CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the  3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 N/A protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 N/A planning for and regulation of development in coastal regions to protect natural coastal processes.

PART IV: Policies for the Stewardship of Resources

CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 N/A identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 N/A use of adjacent properties to minimize any adverse affects on agricultural land.

59 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 N/A use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 N/A need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 N/A with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 N/A measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 N/A needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 N/A compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 N/A opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways. 4.6 Soils and Other Resources

60 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 5

Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.6.3 N/A protection of productive soils.

PART V: Policies for Sustainable Communities

CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 N/A policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 N/A the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.6 N/A the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.

61 6 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 N/A the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 N/A recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7 N/A the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 N/A the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 N/A the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 N/A economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.

POLICY STATEMENT COMPLIANCE  COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:

62 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 7

63 Print Date: May 9, 2016

Bylaw: LA-090

Executive Committee

Policy Checklist

Executive Committee Legislative Role Policy (2.4)

Consistent i Bylaw is consistent with the object of the Trust

Consistent ii Bylaw is not contrary to or at variance to the Islands Trust Policy Statement

Checklist Key: Requires Staff resources required to assist with administration. Resources No Resources No staff resources required. Required

The Bylaw has been Examined Against Best Management Practices for Delivery of Local Planning Services as found in Section 5.9 of the Islands Trust Policy Manual

No Resources B.5 Bylaw is consistent with the object of the Trust Required No Resources B10 Bylaw is not contrary to or at variance to the Islands Trust Policy Required Statement

Page 1 of 642 Comments

Completed By:

Status

Date Resolution Referred to Exective Committee: 23-Apr-2016 Reading:

Page 2 of 652 PROPOSED

Lasqueti Island Local Trust Committee BYLAW NO. 90 ************************************************************************************************************** A BYLAW TO AMEND THE LASQUETI ISLAND LAND USE BYLAW, NO. 78 **************************************************************************************************************

The Lasqueti Island Local Trust Committee, being the Trust Committee having jurisdiction in respect of the Lasqueti Island Local Trust Area under the Islands Trust Act, enacts as follows:

1. Bylaw No. 78, cited as “Lasqueti Island Land Use Bylaw No. 78, 2005” is amended as shown on Schedule 1, attached to and forming part of this bylaw.

2. This bylaw may be cited as “Lasqueti Island Land Use Bylaw 78, 2005, Amendment No. 2, 2014”

READ A FIRST TIME THIS 8th DAY OF OCTOBER , 2015 READ A SECOND TIME THIS 15th DAY OF FEBRUARY , 2016 PUBLIC HEARING HELD THIS 23rd DAY OF APRIL , 2016 READ A THIRD TIME THIS 23rd DAY OF APRIL , 2016 APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS DAY OF , 201x ADOPTED THIS DAY OF , 201x

SECRETARY CHAIRPERSON

66 Lasqueti Island Local Trust Committee Bylaw No. 90 Schedule 1 1. Schedule “A” of Lasqueti Island Land Use Bylaw No. 78 cited as “Lasqueti Island Land Use Bylaw No. 78, 2005”, is amended as follows:

A. Delete Section 3.5 in its entirety and replace it with the following:

“3.5 Siting and Setback Provisions

(1) General (a) All building and structure setbacks and spatial separation requirements must be measured on the horizontal plane from the exterior finished façade of the building or structure to the natural boundary, parcel line or other point specified in this Bylaw.

(2) Setbacks and Screening for Streams as Defined in the British Columbia Riparian Areas Regulation

(a) Terms used in Section 3.5(2) that are defined in the provincial Riparian Areas Regulation have the same meaning as the definition given in the Regulation, as it may be amended from time to time;

(b) The following freshwater features, located on properties designated as ‘RAR Applicable’ as noted on Schedule D, being: (i) a watercourse, whether it usually contains water or not; (ii) a pond, lake, river, creek or brook; (iii) a ditch, spring or wetland that is connected by surface flow to something referred to in paragraph (i) or (ii), must be screened from development as defined in the British Columbia Riparian Areas Regulation, through the retention of all existing vegetation ONLY, in the form of:  a 30 metre strip on both sides of the stream, measured from the high water mark;  for a ravine less than 60 metres wide, a strip on both sides of the stream measured from the high water mark to a point that is 30 meters beyond the top of the ravine bank; and  for a ravine 60 metres wide or greater, a strip on both sides of the stream measured from the high water mark to a point that is 10 meters beyond the top of the ravine bank;

(c) Applications to vary 3.5(2)(b) above will require a report from a qualified environmental professional conducted according to the Riparian Areas Regulation methodology.

67 (d) Notwithstanding 3.5(2)(b) above, the following land use activities are permitted in the stream screening area:

(i) for certainty, all uses that are not residential, commercial or industrial or accessory to such a use; (ii) interior or exterior alterations, renovations, maintenance, reconstruction or repair to a pre-existing permanent building or structure to an extent that does not alter, extend or otherwise increase the footprint; (iii) repair or replacement of a septic field on the same spot in accordance with provincial legislation governing onsite sewage disposal; (iv) the removal of trees that have been examined by an arborist or registered professional forester and certified to pose a threat to life or property; (v) With the exception of nesting trees protected under Section 34 of the Wildlife Act, cutting of vegetation and trees more than 15 meters from the stream’s high water mark or the top of the ravine bank, provided the cutting is not a precursor to development, the roots/stumps are left in the ground, and the cutting does not result in land alteration; (vi) gardening and yard maintenance activities within a pre-existing landscaped area, including mowing, pruning, planting, and minor soil disturbance that does not alter the general contours of the land; (vii) manual removal of invasive species and manual planting of native vegetation conducted in accordance with best management practices; (viii) pruning of not more than two trees in one growing season and that is conducted in accordance with the standards and recommendations of the International Society of Arboriculture, and that does not involve: the lift pruning of lower limbs to the extent that the live crown ratio is less than 50%, the removal of more than 25% of the crown in one growing season, topping, or the pruning or removal of a structural root within the critical root zone; (ix) ecological restoration or enhancement projects undertaken or authorized by a public body; (x) work that is authorized by Fisheries and Oceans Canada by permit under Section 35 of the Fisheries Act; (xi) emergency procedures to prevent, control or reduce immediate threats to life or property including:  emergency actions for flood-protection and erosion protection;  clearing of an obstruction from a bridge or culvert or an obstruction to drainage flow; and

68  repairs to bridges and safety fences carried out in accordance with the Water Act;

(xii) farm operations as defined in the Farm Practices Protection (Right to Farm) Act and farm uses as defined in Section 2(2) of the Agricultural Land Reserve Use, Subdivision, and Procedure Regulation (see Information Note below); (xiii) The construction of a fence or gate if all of the following apply:  a fence that does not require soil alteration (such as switchback fences);  a gate, if there is minor soil disturbance that does not alter the general contours of the land;  no native trees are removed;  the disturbance of native vegetation is restricted to 0.5 meters on either side of the fence or gate, or 1.5 meters on either side of the fence or gate in agricultural areas; (xiv) The construction of a private trail if all of the following apply;  The trail is one meter wide or less;  No native trees are removed;  The surface of the trail is pervious (for example, soil, gravel or wood chips);  The trail is designed to prevent soil erosion where slopes occur; and  Where the trail parallels the stream, the trail is more than 5 meters away from the high water mark of a stream.

(xv) Disturbance of soils more than 15 meters from the stream’s high water mark or the top of the ravine bank if the total area of soil disturbance is less than 5 meters squared; (xvi) The constructing of a small accessory building such as a pump house, gazebo, garden shed or playhouse more than 15 meters from the stream’s high watermark or the top of the ravine bank if the building is located within an existing landscaped area and the total area of small accessory building is less than 10 meters squared; (xvii) Structures used to provide micro-hydro-electricity 10kw capacity or less (see Information Note below).

(3) Setbacks for Other Streams, Creeks, Lakes, Wetlands, and Watercourses

(a) The minimum setback for buildings and structures for any other streams, creeks, lakes, wetlands, and watercourses is 30 metres, except for the following:

(i) fence if it does not require soil alteration (such as switchback fences), gate if there is minor soil disturbance that does not alter the general contours of the land, or access stairway if it is pervious and not chemically treated;

69 (ii) interior or exterior alterations, renovations, maintenance, reconstruction or repair to a pre-existing permanent building or structure to an extent that does not alter, extend or otherwise increase the footprint; (iii) repair or replacement of a septic field on the same spot in accordance with provincial legislation governing onsite sewage disposal; (iv) emergency procedures to prevent, control or reduce immediate threats to life or property including:  emergency actions for flood-protection and erosion protection;  clearing of an obstruction from a bridge or culvert or an obstruction to drainage flow; and  repairs to bridges and safety fences carried out in accordance with the Water Act;

(v) The constructing of a small accessory building such as a pump house, gazebo, garden shed or playhouse more than 15 meters from the stream’s high watermark or the top of the ravine bank if the building is located within an existing landscaped area and the total area of small accessory building is less than 10 meters squared (vi) Structures used to provide micro-hydro-electricity 10kw capacity or less (see Information Note below).

(4) Minimum Setback for Buildings and Structures from the Natural Boundary of the Sea (a) The minimum setback from the natural boundary of the sea for buildings and structures, except for a boathouse, fence, or access stairway is:

(i) 5.0 metres (16.4 feet) for a boathouse;

(ii) 15 metres (49.2 feet) for all other buildings and structures;

(iii) despite Clause 3.5(4)(a)(ii), where the frontage on the sea is adequately protected from erosion by natural bedrock or works as certified by a professional engineer, buildings and structures may be sited as close as 7.5 metres (24.6 feet) from the natural boundary of the sea.

(b) The minimum allowable difference in elevation between the underside of the lowest floor in the building or structure and the elevation of the natural boundary of the sea must be 1.5 metres, except for a boathouse.

(i) the minimum setback distance required shall be measured from the toe of the fill slope to the natural boundary of the sea; and

70 (ii) the face of the fill slope must be protected against wave action from floodwaters.

Information Notes:

For best management practices on manual removal of invasive species and planting of native vegetation, property owners should contact organizations such as the Invasive Species Council of British Columbia and the Coastal Invasive Species Committee. For best management practices on building setback standards from watercourses and wetlands in farming areas, and on conservation of riparian habitat in agricultural areas, property owners should contact the British Columbia Ministry of Agriculture. Micro-hydro-electrical projects may require a licence from the province.

(5) Setbacks and Screening from Nesting Trees (a) A protective screen of natural vegetation must be retained within a 30 metres (98.4 feet) radius of the trunk of a tree bearing nests of herons, eagles, ospreys, vultures, falcons, hawks and owls.”

B. To current “Part 1.1 – Definitions” insert the following new definition in alphabetical order:

“landscaped area” means an area significantly altered by human activity where there is maintenance of no vegetation, cultivated vegetation and/or landscape materials, including but not limited to stones, boulders, cobbles, pavers and decorative concrete;”

C. Schedule A, attached to and forming part of this bylaw shall become ‘Schedule D’ of the Lasqueti Island Land Use Bylaw No. 78, 2005.”

71 Lasqueti Island Local Trust Committee Bylaw No. 90 Schedule A

72 First Nation Engagement

Referral of: Bylaw No. 90

First Nation: Lyackson First Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME January 20 2015 Attended quarterly referrals meeting ME

First Nation: Cowichan Tribes

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 16 2016 Called and left message for Helen Reid BM

First Nation: Qualicum Indian Band

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 16 2016 Called and left message on voicemail BM

First Nation: Stz'uminus First Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 16 2016 Called and left message for Chenoa Akey BM

First Nation: Halalt First Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 16 2106 Called and left message for Raven August BM

First Nation: Lake Cowichan First Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 16 2016 Called and left message for Carol Livingstone BM

First Nation: Penelakut First Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 30, 2016 Called and left message for Denise James BM

73 First Nation: Sliammon First Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME January 4 2016 Referral response received – Interests unaffected BM

First Nation: Snaw’Naw’As Nation

Date Comment/Action Initial December 14 2015 Formal referrals sent by email BM/ME March 16 2016 Called and Left message for Mark Stephens BM

First Nation: Hul’qumi’num Treaty Group

Date Comment/Action Initial December 14 2015 Formal referrals sent by email – FOR BM/ME INFORMATION ONLY

DRAFT June 2016 Islands Trust Council Marine Shipping Safety Session 9:30 a.m. – 11:00 a.m., Wednesday, June 15, 2016 Pender Islands Community Hall, 4418 Bedwell Harbour Road, North Pender Island

Purpose: To provide Islands Trust trustees with an overview of the current and future risks and impacts associated with shipping traffic and anchorages in the region.

Chair: Peter Luckham, Chair, Islands Trust Council

Presenters/Panel Members: 1) XX, Raincoast Conservation Foundation 2) XX, Transport Canada 3) XX, Port of Vancouver 4) XX, President and CEO, Port of Nanaimo 5) Robert Lewis-Manning, President, Chamber of Shipping of BC

Resources: Russ Hotsenpiller, Chief Administrative Officer, Islands Trust Lisa Gordon, Director, Trust Area Services, Islands Trust Clare Frater, Policy Advisor, Islands Trust

TIME PROPOSED ITEMS PROPOSED SPEAKERS 9:30 a.m. Welcome and Introductions Peter Luckham Raincoast Value of the region’s biodiversity and concerns with 9:35 a.m. Conservation increasing vessel traffic Foundation 9:45 a.m. Projected vessel traffic trends Port Metro Vancouver 9:55 a.m. Overview of the existing regulatory regime for shipping Transport Canada Oversight of marine traffic in the region and anchorages 10:05 a.m. Port of Nanaimo in particular The drivers, opportunities and challenges of shipping in Chamber of Shipping 10:15 a.m. the Salish Sea of BC 10:25 a.m. Question and Answer Panel Session Peter Luckham

Relevant Islands Trust Policy Statement section: 3.1.9 Trust Council encourages actions and programs of other government agencies which: . place priority on the side of protection for Trust Area ecosystems when judgment must be exercised, . protect the diversity of native species and habitats in the Trust Area, and . prevent pollution of the air, land and fresh and marine waters of the Trust Area.

REQUEST FOR DECISION

To: Trust Council For the Meeting of:: June 14-16, 2016

From: Trust Fund Board Date Prepared: April 19, 2016

File No.: GB-NAP-2016.1

SUBJECT: NATURAL AREA PROTECTION TAX EXEMPTION PROGRAM (NAPTEP) CERTIFICATE, LINK ISLAND, GABRIOLA ISLAND LOCAL TRUST AREA

RECOMMENDATION: That the Islands Trust Council request the Secretary issue a Natural Area Protection Tax Exemption Certificate for the portion of Link Island described as “Section 25, Nanaimo District (Part of DeCourcy Group of Islands), Parcel Identifier 009-772-138,” subject to registration of a conservation covenant and completion of a baseline inventory report consistent with the standards developed for NAPTEP.

CHIEF ADMINISTRATIVE OFFICER COMMENTS: The Trust Fund Board currently holds two NAPTEP covenants in the Gabriola Island Local Trust Area. Twenty-four NAPTEP tax exemptions have been issued in the Islands Trust Area to date.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: Covenant registration will be the responsibility of ITF staff. Staff will ensure that both the covenant and the baseline inventory report meet NAPTEP standards.

FINANCIAL: The costs of administering this application will be partly recovered through the application fees. Other associated costs such as covenant registration, survey costs and baseline costs will be covered by the landowner. Annual monitoring costs of approximately $500 will be administered by the Trust Fund Board. Transportation to and from the island via water taxi may add an additional annual cost of $200-$400.

POLICY: This application is consistent with Trust Council's policies regarding NAPTEP applications.

IMPLEMENTATION/COMMUNICATIONS:  The applicant will be advised of Trust Council’s decision.  The applicant will complete a baseline inventory report and a legal survey and will be required to register the standard NAPTEP covenant against the property title.  The certificate will be issued by the Islands Trust Secretary when the covenant is successfully registered.  Once the certificate is issued to the applicant, the BC Assessment Authority, the Land Titles Office, and the Regional District and any other relevant agencies will be advised.  ITF staff will advise the public regarding the successful completion of NAPTEP applications via a news release and the ITF website.

Islands Trust Request For Decision Page 1 76 OTHER: The Gabriola Island Local Trust Committee was provided information regarding the Link Island NAPTEP application for its May 26, 2016 meeting. The application will also be referred to local First Nations due to the presence of archaeological sites.

BACKGROUND  A NAPTEP application was received on March 14, 2016 to covenant approximately 19.45 ha (48 acres) of land, comprising most of Link Island (map below).

 TFB staff have reviewed the proposal and confirmed that it is eligible under section 2 of the NAPTEP regulation: o Areas that are relatively undisturbed by human activity and are good examples of one or more of the ecosystems described in the Schedule to the regulation o Areas that are relatively undisturbed by human activity and are key habitat for rare native plant species or plant communities  The TFB has agreed to hold the conservation covenant for this application.

Property Information Property Description: PID 009-772-138, Section 25, Nanaimo District (Part of DeCourcy Group of Islands). Property size: 21.45 ha (54 acres) Proposed covenant size: approximately 20 ha (50 acres), size dependent on excluded area for the cabin and other developed areas.

NAPTEP Natural Values & Amenities The natural values of the proposed covenant area, according to the NAPTEP Regulations, are listed below. Values were determined by evaluating the application submitted by the property owner and through a site visit conducted March 22, 2016.

1. Coastal bluff ecosystems (NAPTEP Regulation Section 2(a)): The proposed covenant area includes a variety of coastal bluff ecosystems.

2. Herbaceous ecosystems (NAPTEP Regulation Section 2 (a)): There are patches of herbaceous ecosystems within the mapped woodland ecosystems.

Islands Trust Request For Decision Page 2 77

3. Woodland Ecosystem (NAPTEP Regulation Section 2(a)): The Douglas-fir – Arbutus ecological community is present.

4. Wetland Ecosystem (NAPTEP Regulation Section 2(a)): Not mapped, but observed at both the north end and south end of the island.

5. Areas that are relatively undisturbed by human activity and are key habitat for rare native plant species or plant communities (NAPTEP Regulation Section 2(b)): The blue-listed Seaside juniper (Juniperus maritima) was observed. Additionally, the following rare plant communities were observed and have been mapped in the Terrestrial Ecosystem Mapping project for the Coastal Douglas-fir zone (2009): a. Douglas-fir – Arbutus Ecological Community (Red listed, observed) b. Douglas-fir – Dull Oregon-grape (Red-listed, mapped)

REPORT/DOCUMENT: None.

KEY ISSUE(S)/CONCEPT(S): Approval of a Natural Area Protection Tax Exemption Certificate.

RELEVANT POLICY: Islands Trust Act (7.1) Islands Trust Natural Area Protection Tax Exemption Regulation Trust Council procedure 2.1.x re: Administration of the NAPTEP program.

DESIRED OUTCOME: Registration of a conservation covenant to protect natural areas under NAPTEP.

RESPONSE OPTIONS

Recommended: as recommended

Alternative: 1. To decline to issue the certificate. 2. To delay issuance of the certificate subject to receipt of additional information.

Prepared By: Kate Emmings Ecosystem Protection Specialist

Reviewed By/Date: Jennifer Eliason, Islands Trust Fund Manager – May 3, 2016 Lisa Gordon, Director Trust Area Services – May 4, 2016 Trust Fund Board – April 5, 2016 Gabriola Island Local Trust Committee – May 26, 2016 Executive Committee – May 18, 2016

______Chief Administrative Officer

Islands Trust Request For Decision Page 3 78

REQUEST FOR DECISION

To: Trust Council For the Meeting of:: June 2016

From: David Marlor Date: May 12, 2016

SUBJECT: REVISED GRANTS ADMINISTRATION POLICY

RECOMMENDATION: That the Islands Trust Council approve the draft updated policy “6.5.iv Grants and Donations Administration.”

CHIEF ADMINISTRATIVE OFFICER COMMENTS: The Grants Administration policy has been updated and renamed to reflect current practices and needs and to include donations. The updated policy reflects the Islands Trust now being a Canadian Revenue Agency Qualified Donne..

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: The Grants Administration Policy applies only to grant applications through some recognized funders. This updated policy accounts for Islands Trust “Qualified Donee” status awarded by Canada Revenue Agency in 2014 and enables us to access a wider range of granting foundations as well as addressing donations to the Islands Trust and the issuance of income tax receipts.

FINANCIAL: There are no negative financial implications to adopting this policy. The benefits are the increased ability of the Islands Trust to obtain grants and donations to support its mandate. This policy reinforces the financial principle that it is staff’s responsibility to enter into agreements with funding agencies and contractors. It is staff’s role to ensure all financial transactions are consistent with the Local Government Act, granting agency requirements and Islands Trust budgetary and purchasing policies.

POLICY: TFB Fundraising and Donations Policy 06001 exempts Islands Trust Fund from Grants Administration Policy 6.5.iv. Purchasing Procedures 6.5.iii is subject to revision to accommodate the principles in this policy regarding community-initiated projects.

IMPLEMENTATION/COMMUNICATIONS: The revised policy will be dated on the website and by circulation to trustees and staff.

OTHER: None

Islands Trust Request For Decision Page 1 79

BACKGROUND

The Islands Trust Act provides Trust Council with the authority to levy property taxes to fund the operations of Islands Trust bodies. To provide cost effectiveness for taxpayers, Trust Council may also direct staff to seek and receive alternative sources of funding. In 2008, Trust Council created a Grants Program Manager staff position in response to trustee requests to increase effectiveness at receiving grants. This policy provides guidance to the Islands Trust bodies seeking external funding or requiring service from that position. In 2014 the Canadian Revenue Agency granted Qualified Donee status to the Islands Trust which enables requests to an increased pool of funding organizations and the authority to issue receipts for income tax purposes to donors. This policy does not apply to the Trust Fund Board, which is governed by Policy TFB 06001.

REPORT/DOCUMENT: 1) 6.5.iv draft Grants and Donations Administration Policy 2) Appendix 1: Grants Administration Matrix

KEY ISSUE(S)/CONCEPT(S):  Effective, efficient and fair grants administration.

RELEVANT POLICY:

The current Grants Administration policy was written to be consistent with purchasing and budget control policies. This updated policy is also consistent with those policies. When an urgent decision by Executive Committee is needed in order to meet granting agency deadlines, Resolutions without Meeting Policy 2.4.iii may apply.

DESIRED OUTCOME: Effective, efficient and fair grants administration.

RESPONSE OPTIONS

Recommended: As above

Alternative: 1. Approve with minor revisions. 2. Do not approve, and send back to staff for major revisions.

Prepared By: Mike Richards

Reviewed By/Date: David Marlor, DLPS, May 12, 2016

Russ Hotsenpiller, Chief Administrative Officer

Islands Trust Request For Decision Page 2 80 Chapter 6. Section 5. Subsection iv Page 1 6.5.iv Policy

GRANTS AND DONATIONS ADMINISTRATION POLICY Trust Council: – Revised? June 2016

A: PURPOSE 1. To facilitate a process for seeking and receiving external funding that supports the legislated responsibilities of Trust Council, the Executive Committee, Council Committees, local trust committees and island municipalities and that is cost-effective for taxpayers. 2. To clarify roles and streamline procedures for seeking and receiving grants and donations in order to efficiently and effectively use staff and trustee resources. 3. To ensure all grant applications and funded projects meet strategic, financial and legal requirements of the Islands Trust and funding agencies. 4. To ensure trustees and staff units are aware of grant opportunities, consider the potential for collaborative projects, and have equal opportunity to apply. 5. To preserve the Islands Trust’s reputation among funders and donors by presenting a cohesive strategy and avoiding an excess of requests to any one source.

B: BACKGROUND

C: REFERENCES

Islands Trust Act: Responsibilities of Local Trust Committees (8 [2]; 21[1]; 24[2]) Islands Trust Strategic Plan Island Trust Fund Fundraising and Donations Policy (TFB 06001) Policy Manual: Executive Committee Terms of Reference (2.4.i) Policy Manual: Associated Islands Project Prioritization Criteria (4.1.xii) Policy Manual: Priority Setting/Review Guidelines (6.2.i) Policy Manual: Budget Control and Adjustment Authority (6.5 ii) Policy Manual: Purchasing Procedure (6.5.iii) Policy Manual: Local Trust Committee Expense Account (7.2.i)

Additional References: Standards Program For Canada’s Charities & Nonprofits, , Imagine Canada, 2012. AFP Code of Ethical Principles and Standards of Professional Practice, Association of Fundraising Professionals, 2004. Municipal or public bodies performing a function of government in Canada, Canada Revenue Agency, 2014 ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 81 Chapter 6. Section 5. Subsection iv Page 2 Keeping Records, Canada Revenue Agency, 2013

D: DEFINITIONS

In this policy,

“Committees” refers to Executive Committee, Council committees (including Trust Programs Committee, Financial Planning Committee, Local Planning Committee and any select committee struck by Trust Council) and local trust committees. Island municipalities are not bound by this policy unless they are seeking support from islands trust staff or committees.

“Donations” refers to gifts freely given to Island Trust without going through a formal application process.

“Grants” refers to gifts granted to Island Trust by a funding agency after application through a granting process.

“Legislated Responsibilities” refers to the roles of Islands Trust bodies as defined in the Islands Trust Act per sections 8 (2), 21 (1) and 24 (2).

“Staff Units” refers to the management team, Local Planning Services, Trust Area Services and Administrative Services, including Victoria, Salt Spring and Northern offices.

“Grants Program Manager” refers to the person designated by the Chief Administrative Officer to fulfill this role.

“Primary Applicant” refers to the entity legally responsible for execution of the funded project and meeting the granting agency terms and conditions.

“Project Manager” refers to the staff person or contractor assigned by a committee or senior management staff to manage a project.

E: POLICY and PROCEDURES

1. General Guidelines

1.1 This policy applies to all grant applications seeking $5,000 and over.

1.2 This policy applies to grant applications wherein the Islands Trust is named as the primary applicant. It does not apply to grants where community groups are named as the primary applicant with the Islands Trust and/or its committees as supporting partners.

1.3 Trust Council and its staff will ensure that the Islands Trust adheres to professional standards such as those developed by Imagine Canada and the Association of Fundraising Professionals.

2. Seeking Grants and Donations

Grant Notification 2.1 The Grants Program Manager will maintain a current inventory of grants available to local government agencies including: the grant title, source, eligibility, description, application deadline, funds available, funding guidelines and Islands Trust work program key words.

ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 82 Chapter 6. Section 5. Subsection iv Page 3 Grant and Donation Research 2.2 The Grants Program Manager will regularly review the Islands Trust Council Priorities Chart and be prepared to provide information on grants relevant to those priorities upon request. 2.3 Trust Council and any Committee or staff member may ask the Grants Program Manager to research grant and/or donation opportunities on specific topics. The research must be in support of Trust Council’s strategic plan, the Policy Statement or the legislated responsibilities of the Islands Trust body. Significant research requests are subject to a review of work program implications by the Director of Local Planning Services. 2.4 The Grants Program Manager’s research and advice will be reported to the initiator of the request and the staff member assigned to the relevant committee in a timely manner. 2.5 Trustees may also choose to independently research grant and donation opportunities. The Grants Program Manager should be informed about this research so they may provide information on existing relevant research for reasons of efficiency and effectiveness. 2.6 Contact with the funder/donor should be done by the Grants Program Manager, unless otherwise agreed by the primary applicant for reasons of efficiency and effectiveness.

Internal Expressions of Interest

2.7 A brief expression of interest/project summary will be submitted to the appropriate committee and Grants Program Manager according to the following schedule, which takes into account varying granting agency deadlines. This will provide equal opportunity to apply for limited grant funding, while maintaining confidentiality. a) Expressions of interest will be submitted 60 calendar days prior to granting agency’s deadline, unless sections 2.7 b, c or d applies. If no expressions of interest are received 60 days before the agency’s deadline, the grant may be pursued on a first- come, first-serve basis subject to the criteria and practices recommended in this policy. b) When a grant is announced with fewer than 60 calendar days to apply, the Grants Program Manager will notify all staff and trustees at the same time. Expressions of interest are required within 5 business days following this notification. c) Where no deadline exists or ongoing applications are accepted until the program is fully allocated, expressions of interest should be received as soon as a decision is made. If the project is community-initiated, the Grants Program Manager will keep the project topic confidential. The Grants Program Manager will notify committees and staff that other expressions of interest must be received within 10 business days of receiving notification. Objections to the revised deadline must be received within 2 business days. If objections are noted, the Grants Program Manager will seek a deadline acceptable to all interested applicants or request direction from the Executive Committee. d) If special circumstances require a grant application to begin before the above deadlines, a request for a shorter deadline may be submitted to the Grants Program Manager. If the project is community-initiated, the Grants Program Manager will keep the project topic confidential. The Grants Program Manager will notify committees and staff of the new deadline. Objections to the revised deadline must be received within 2 business days. If objections are noted, the Grants Program Manager will seek Executive Committee’s direction about whether to make an exception to the steps outlined in 2.7 a, b and c of this policy. 2.8 The Grants Program Manager will review expressions of interest according to the granting agency criteria. Submissions that do not meet funder criteria will receive feedback and

ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 83 Chapter 6. Section 5. Subsection iv Page 4 suggestions for potential remedies in a timely manner. Applicants whose projects have potential to partner will be notified so they may consider a joint application.

2.9 If a grant opportunity is of interest to multiple applicants, an adjudication process will occur under section 2.10.

Multiple Grant Adjudication Process 2.10 When a grant opportunity is of interest to multiple primary applicants within the Islands Trust, the following steps apply: a) The Grants Program Manager will contact the granting agency to see if more than one proposal can be submitted and/or approved. b) When only one submission is allowed, the Grants Program Manager will use the applicant’s expression of interest/project summary to discuss all projects with the funder to help determine those that are most feasible. If more detailed information is required by the funder on a potential project, the Grants Program Manager will direct them to the appropriate trustee or staff member. c) The Grants Program Manager will contact applicants with the granting agency recommendations. d) Committees must pass a resolution indicating they want to proceed with the grant application. Applicants will then advise the Grants Program Manager of the decision. e) If too many eligible proposals remain, a final decision will be made by the Executive Committee in a timely manner as to which grant proposal will be submitted. This decision will consider the following factors: i. Urgency: to deal with issues in the short term or meet required legislation; ii. Risk: the need to manage potential negative implications; iii. Impact: a project’s potential to manage or change a strategic priority on a regional rather than local level; iv. Community Partners: has identified community project partners; v. Need: meets needs of an island community and other agencies; and vi. Funder Advice: meets priorities and recommendations of funder. Requests for Donations 2.11 As a general rule donations will be requested only when a specific need is identified by staff and trustees and approved by the CAO or his/her designate (normally the Director of Local Planning Services). 2.12 Donations will only be requested for specific projects as identified by Committees or staff. 2.13 Donations will only be requested for projects that align with current Committee priorities . 2.14 All requests for donations must be coordinated through the Grants Program Manager to avoid multiple applications to the same potential donor.

Accepting Donations 2.15 Donations will only be accepted when the gift is freely given and there is no expectation of benefit, favour or return by the donor. The only benefit would be a tax receipt and a possible donor recognition event or tribute.

ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 84 Chapter 6. Section 5. Subsection iv Page 5 2.16 Before accepting any donation, the Grants Program Manager will advise the donor to seek professional advice for all the financial, tax or legal considerations. 2.17 Donations will be accepted in only the following forms unless the CAO approves an exception: (a) Cash (b) Tangible property (including real estate – see 2.20) (c) Stocks or securities (d) Endowments 2.18 Donations of tangible property will be accepted only after the following have been assessed: (a) Compliance with all Islands Trust Bylaws and/or policies (b) Compliance with the laws, conventions and treaties of other levels of government (c) Consistency with the Islands Trust’s priorities, mandates and strategic and business plans (d) Associated risks (e.g. financial risk, political risk, health and safety issues) (e) Condition of the donation (f) Value of the donation (g) Usefulness of the donation to Islands Trust (h) Cost/Benefit analysis if CAO deems it necessary 2.19 Any donations received as stock or securities will be cashed immediately unless otherwise directed by the Executive Committee by resolution after considering the advice of the CAO. 2.20 Any donations of tangible property including real estate will be sold at fair market value after offering the Islands Trust Fund Board the opportunity to own the property as a nature reserve.. The Trust Fund Board may require a cash endowment for ongoing property management before accepting real estate. 2.21 Any donations received in the form of an endowment will be immediately deposited into a designated account and investment and management options will be researched by staff, 2.22 Before accepting donations for a specified project the Grants Program Manager will inform the donor that once a receipt for income tax purposes is issued, any remaining funds from the donation cannot be refunded and the funds will be reallocated to other projects by the Executive Committee in consultation with the donor, where possible. 2.23 Any donation made without donor direction as to its use will be allocated by the Executive Committee. 2.24 If any donations are received by bodies other than the “Islands Trust,” the CAO will advise and seek direction from the Executive Committee.

Project Review 2.27 Before applying for grants or seeking donations, Committees will assess the implications for budget and staff resources by: a) Seeking input from senior management staff for staff-initiated proposals or regional planning managers for trustee-initiated proposals; b) Reviewing related revenue and expenditure lines in the approved Trust Council budget; and c) Assessing potential for in-kind or cash funds from other project partners. ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 85 Chapter 6. Section 5. Subsection iv Page 6 2.28 Committees must pass a resolution to proceed with committee-initiated grant applications before seeking staff support for grant applications, taking into consideration the factors listed in this policy. 2.29 Executive Committee approval is required for staff-initiated projects in the following circumstances: a) Grant or donation exceeds $10,000 in value; b) Project is not related to the goals of the Policy Statement, Trust Council’s strategic plan or the legislated responsibilities of the Islands Trust; c) Proposal requires formal Trust Council endorsement; or d) Issues remain that cannot be resolved under section 2.10 of this policy. 2.14 When Executive Committee approval is required for staff-initiated projects, the committee will consider the following factors: a) Budget and staff resources allow for effective administration; b) Compliance with relevant legislation and policies; c) Grant proposal / donor request does not compete with island-based stakeholder proposals to the same funder / donor, to the best of trustee and staff knowledge; d) Grant proposal / donor request supports the relevant committee’s work program; and e) Project will be self-sustaining or not require additional resources upon its completion. 2.15 If it appears that the investment in fundraising required (including staff salaries) for a special project may exceed 25% of the amount to be raised, Islands Trust staff will seek direction from Executive Committee. Grant Development & Submission 2.16 Prior to grant submission, Committees and staff units will explore the implications for budget adjustments according to Trust Council’s Budget Control and Adjustment Authority Policy 6.5.ii. 2.17 Committees and staff units will assign a trustee or staff representative to coordinate the writing and development of the draft project proposal, seeking the assistance of the Grants Program Manager as needed. In consultation with the Director of Local Planning Services, the level of assistance provided by the Grants Program Manager will take into account work program implications and the factors outlined in section 2.10 (e) of this policy. 2.18 Submissions to the funding agency must be made by the Grants Program Manager on behalf of committees and staff units, unless otherwise agreed by the primary applicant for reasons of effectiveness and efficiency. 2.19 The Grants Program Manager will provide notification to the relevant committees and staff of the outcome and terms of the grant if successful. If unsuccessful, the Grants Program Manager will seek feedback from the funder to improve future proposals. 2.20 Contact with the funder will be done by the Grants Program Manager, unless otherwise agreed by the primary applicant for reasons of efficiency and effectiveness.

3. Tracking & Implementation of Grants

3.1 Grant revenue and disbursements and related service contracts will be administered by Islands Trust Administrative Services. The CAO may decide whether to apply an administrative charge to the project, ideally during the proposal-writing stage. ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 86 Chapter 6. Section 5. Subsection iv Page 7

3.2 The Grants Program Manager will use the following procedures to track and implement grants: a) Ensure project activities comply with legislation and Islands Trust policies; b) Maintain an accurate database of grants received and provide quarterly updates to the Executive Committee and Trust Council on project status; c) Maintain a financial tracking and reporting system for grants received that complies with individual granting agency terms and conditions; and d) Assist committees and staff units in monitoring performance, auditing costs, meeting deliverables, and complying with reporting requirements. 3.3 The Grants Program Manager must be notified of all funds (cash and in-kind) committed by project partners.

5. Relationship to Other Islands Trust Bodies 5.1 The Grants Program Manager will encourage committees to collaborate on initiatives of other Island Trust bodies, the Islands Trust Fund and island municipalities wherever possible and avoid competing for the same funding sources, especially when recommended by the granting agency. 5.2 The Grants Program Manager will maintain communication with other Islands Trust bodies and the Islands Trust Fund to keep each other informed of potential grant opportunities, areas for collaboration and the status of funding proposals.

ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 87 Chapter 6. Section 5. Subsection iv Page 8 6. Issuance of receipts for income tax purposes 6.1 Receipts for income tax purposes will only be issued as per Canada Revenue Agency guidelines 6.2 Record keeping of the receipting process will be kept by Islands Trust in accordance with Canada Revenue Agency requirements. . Attachment Grants Administration Policy Matrix

ISLANDS TRUST POLICY MANUAL C:\Program Files\eScribe\TEMP\14573695308\14573695308,,,Clear Grants and Donations Administration Policy.docx 88 Chapter 6. Section 5. Subsection iv Page 1 6.5.iv Policy

GRANTS AND DONATIONS ADMINISTRATION POLICY Trust Council: December 9, 2009 – Revised? June 2016

A: PURPOSE 1. To facilitate a process for seeking and receiving external funding that supports the legislated responsibilities of Trust Council, the Executive Committee, Council Committees, local trust committees and island municipalities and that is cost-effective for taxpayers. 2. To clarify roles and streamline procedures for seeking and receiving grants and donations to Local Trust Committees in order to efficiently and effectively use staff and trustee resources. 3. To ensure all grant applications and funded projects meet strategic, financial and legal requirements of the Islands Trust and funding agencies. 4. To ensure trustees and staff units are aware of grant opportunities, consider the potential for collaborative projects, and have equal opportunity to apply. 5. To preserve the Islands Trust’s reputation among funders and donors by presenting a cohesive strategy and avoiding an excess of solicitations requests to any one source.

B: BACKGROUND

The Islands Trust Act provides Trust Council with the authority to levy property taxes to fund the operations of Islands Trust bodies. To provide cost effectiveness for taxpayers, Trust Council may also direct staff to seek and receive alternative sources of funding. In 2008, Trust Council created a Grants Administrator Program Manager staff position in response to trustee requests to increase effectiveness at receiving grants. T and this policy provides guidance to that position. The position was renamed Grants Program Manager in 2014 andthe Islands Trust bodies seeking external funding or requiring service from that position. now focuses on support to the Local Trust Committees. In 2014 the Canadian Revenue Agency granted Qualified Donee status to the Islands Trust which enables solicitationrequests to an increased pool of funding organizations and the authority to issue receipts for income tax purposes to donors. This policy does not apply to the Trust Fund Board, which is governed by Policy TFB 06001.

C: REFERENCES

Additional References: ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 89 Chapter 6. Section 5. Subsection iv Page 2 Standards Program For Canada’s Charities & Nonprofits, Ethical Fundraising and Financial Accountability Code, Canadian Centre for PhilanthropyImagine Canada, 20052012. AFP Code of Ethical Principles and Standards of Professional Practice, Association of Fundraising Professionals, 2004. Municipal or public bodies performing a function of government in Canada, Canada Revenue Agency, 2014 Keeping Records, Canada Revenue Agency, 2013

In this policy,

“Committees” refers to Executive Committee, Council cCommittees (including Trust Programs Committee, Financial Planning Committee, Local Planning Committee and any other select committee struck by Trust Council) and, local trust committees and island municipalities. Island municipalities are not bound by this policy unless they are seeking support from islands trust staff or committees. (see section 5.).Local Trust Committees and the Local Planning Committee

“Donations” refers to gifts freely given to Island Trust without going through a formal application process.

“Grants” refers to gifts granted to Island Trust by a funding agency after application through a granting process.

“Legislated Responsibilities” refers to the roles of Islands Trust bodies as defined in the Islands Trust Act per sections 8 (2), 21 (1) and 24 (2).

“Staff Units” refers to the management team, Local Planning Services, Trust Area Services and Administrative Services, including Victoria, Salt Spring and Northern offices.

“Grants AdministratorGrants Program Manager” refers to the person designated by the Chief Administrative Officer or the Director of Trust AreaLocal Planning Services to fulfill this role.

“Primary Applicant” refers to the entity legally responsible for execution of the funded project and meeting the granting agency terms and conditions.

“Project Manager” refers to the staff person or contractor assigned by a committee or senior management staff to manage a project.

E: POLICY and PROCEDURES

1. General Guidelines

1.1 This policy applies to all grant applications seeking $5,000 and over.

1.3 Trust Council and its staff will ensure that the Islands Trust adheres to professional standards such as those developed by the Canadian Centre for PhilanthropyImagine Canada and the Association of Fundraising Professionals.

2. Seeking Grants and Donations Seeking

Grant Notification 2.1 The Grants AdministratorGrants Program Manager will maintain a current inventory of grants available to local government agencies including: the grant title, source, eligibility, description, application deadline, funds available, funding guidelines and Islands Trust work program key words. ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 91 Chapter 6. Section 5. Subsection iv Page 4 Grant and Donation Research 2.2 The Grants AdministratorGrants Program Manager will regularly review the Islands Trust Council Priorities Chart and be prepared to provide information on grants relevant to those priorities upon request. 2.3 A single trusteeLocal TrustTrust Council and any Committee or staff member may ask the Grants AdministratorGrants Program Manager to research grant and/or donation opportunities on specific topics. The research must be in support of Trust Council’s strategic plan, the Policy Statement or the legislated responsibilities of the Islands Trust body. Significant research requests are subject to a review of work program implications by the Director of Local Planning Services . 2.4 The Grants AdministratorGrants Program Manager’s research and advice will be reported to the initiator ofed the request and the staff member assigned to the relevant committee in a timely manner. 2.5 Trustees may also choose to independently research grant and donation solicitation opportunities. The Grants AdministratorGrants Program Manager should be informed about this research so they may provide information on existing relevant grant research for reasons of efficiency and effectiveness. 2.6 Contact with the funder/donor should be done by the Grants AdministratorGrants Program Manager, unless otherwise agreed by the primary applicant for reasons of efficiency and effectiveness.

Internal Expressions of Interest

2.7 A brief expression of interest/project summary will be submitted to the appropriate committee and Grants AdministratorGrants Program Manager according to the following schedule, which takes into account varying granting agency deadlines. This will provide equal opportunity to apply for limited grant funding, while maintaining confidentiality. a) Expressions of interest will be submitted 60 calendar days prior to granting agency’s deadline, unless sections 2.7 b, c or d applyapplies. If no expressions of interest are received 60 days before the agency’s deadline, the grant may be pursued on a first-come, first-serve basis subject to the criteria and practices recommended in this policy. b) When a grant is announced with fewer than 60 calendar days to apply, the Grants AdministratorGrants Program Manager will notify all staff and trustees at the same time. Expressions of interest are required within 5 business days following this notification. c) Where no deadline exists or ongoing applications are accepted until the program is fully allocated, expressions of interest should be received as soon as a decision is made. If the project is community-initiated, the Grants AdministratorGrants Program Manager will keep the project topic confidential. The Grants AdministratorGrants Program Manager will notify committees and staff that other expressions of interest must be received within 10 business days of receiving notification. Objections to the revised deadline must be received within 2 business days. If objections are noted, the Grants AdministratorGrants Program Manager will seek a deadline acceptable to all interested applicants or request direction from the Executive Committee. d) If special circumstances require a grant application to begin before the above deadlines, a request for a shorter deadline may be submitted to the Grants AdministratorGrants Program Manager. If the project is community-initiated, the Grants AdministratorGrants Program Manager will keep the project topic ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 92 Chapter 6. Section 5. Subsection iv Page 5 confidential. The Grants AdministratorGrants Program Manager will notify committees and staff of the new deadline. Objections to the revised deadline must be received within 2 business days. If objections are noted, the Grants AdministratorGrants Program Manager will seek Executive Committee’s direction about whether to make an exception to the steps outlined in 2.7 a, b and c of this policy. 2.8 The Grants AdministratorGrants Program Manager will review expressions of interest according to the granting agency criteria. Submissions that do not meet funder criteria will receive feedback and suggestions for potential remedies in a timely manner. Applicants whose projects have potential to partnerwith collaborative potential will be notified so they may consider a joint application.

2.9 If a grant opportunity is of interest to multiple applicants, an adjudication process will occur under section 2.10.

Multiple Grant Adjudication Process 2.10 When a grant opportunity is of interest to multiple primary applicants within the Islands Trust, the following steps apply: a) The Grants AdministratorGrants Program Manager will contact the granting agency to see if more than one proposal can be submitted and/or approved. b) When only one submission is allowed, the Grants AdministratorGrants Program Manager will use the applicant’s expression of interest/project summary to discuss all projects with the funder to help determine those that are most feasible. If more detailed information is required by the funder on a potential project, the Grants AdministratorGrants Program Manager will direct them to the appropriate trustee or staff member. c) The Grants AdministratorGrants Program Manager will contact applicants with the granting agency recommendations. d) Committees must pass a resolution indicating they want to proceed with the grant application. Applicants will then advise the Grants AdministratorGrants Program Manager of the decision. e) If too many eligible proposals remain, a final decision will be made by the Executive Committee in a timely manner as to which grant proposal will be submitted. This decision will consider the following factors: i. Urgency: to deal with issues in the short term or meet required legislation; ii. Risk: the need to manage potential negative implications; iii. Impact: a project’s potential to manage or change a strategic priority on a regional rather than local level; iv. Community Partners: has identified community project partners; v. Need: meets needs of an island community and other agencies; and vi. Funder Advice: meets priorities and recommendations of funder. Requests for Donations Solicitation 2.11 As a general rule donations will not be solicited unlessbe requested only when a specific need is identified by staff and trustees and approved by the CAO or his/her designate (normally the Director of Local Planning Services).

ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 93 Chapter 6. Section 5. Subsection iv Page 6 2.12 Donations will only be solicitedrequested for specific projects as identified by Local Trust cCommittees or staff. 2.13 Donations will only be solicitedrequested for projects that align with current Committee priorities of Local Trust Committees. 2.14 All requests for donations solicitations must be coordinated through the Grants Program Manager to avoid multiple applicationssolicitation approaches to the same funderpotential donor.

Accepting Donations No benefit, favour or return of any kind may be provided to the donor or to anyone designated by the donor, except where the benefit is of nominal value. The benefit is considered to be of nominal value when the fair market value does not exceed the lessor of $50.00 or 10% of the amount of the gift. 2.15 Donations will only be accepted when the gift is freely given and there is no expectation of benefit, favour or return by the donor. The only benefit would be a tax receipt and a possible donor recognition event or tribute. 2.16 Before accepting any donation, the Grants Program Manager will informadvise the donor to seek professional advice for all the financial, tax or legal considerations. 2.17 Donations will be accepted in only the following forms unless the CAO approves an exception: (a) Cash (b) In- kindT tangible property (except including land and buildingsreal estate – see 2.20) (c) Stocks or securities (d) Endowments 2.18 Donations in-kind of tangible property will only be accepted only after the following have been assessed: (a) Compliance with all Islands Trust Bylaws and/or policies (b) Compliance with the laws, conventions and treaties of other levels of government (c) Consisteancy with the Islands Trust’s priorities, mandates and strategic and business plans (d) Associated risks (e.g. financial risk, political risk, health and safety issues) (e) Condition of the donation (f) Value of the donation (g) Usefulness of the donation to Islands Trust (h) Cost/Benefit analysis if deemed by the CAO deems it(Director of Finance??) to be necessary 2.19 Any donations received as stock or securities will be cashed immediately unless otherwise directed by the Executive Committee (or LPC????) by resolution after considering the advice of the CAO. 2.20 Any donations of tangible property including real estate will be sold at fair market value after offering the Islands Trust Fund Board the opportunity to own the property as a nature reserve.Any donations of land property and/or buildings will be directed to Islands Trust Fund. The Trust Fund Board may require a cash endowment for ongoing property management before accepting real estate. ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 94 Chapter 6. Section 5. Subsection iv Page 7

2.21 Any donations received in the form of an endowment will be immediately deposited into a designated account and investment and management options will be researched by staff, 2.22 Before accepting donations for a specified project the Grants Program Manager will inform the donor that ifonce a receipt for income tax purposes is issued, any remaining funds from the donation cannot be refunded and the funds will be reallocated to other projects by the Local PlanningExecutive C committee and where possible, will do so in consultation with the donor, where possible. 2.23 Any donation accepted that does not have advice from themade without donor direction as to its use will be allocated to a project or projects by the Local PlanningExecutive Committee. 2.24 bodies other than the “”If any donations not covered under this policy are received by bodies other than the “Islands Trust,” staffthe CAO will advise and seek direction from the Executive Committee. (or LPC???).

Project Review 2.11271 Before applying for grants or seeking donations, Committees will determine theassess the implications for budget project costs and staff resources by needed before grant applications and/or donation solicitations are finalized through: a) Seeking iInput from senior management staff for staff-initiated proposals or regional planning managers for trustee-initiated proposals; b) Reviewing of related revenue and expenditure lines in the approved Trust Council budget; and c) Assessing pPotential for in-kind or cash funds from other project partners. 2.12282 Local Trust Committees must pass a resolution to proceed with committee-initiated grant applications before seeking staff support for grant applications are finalized, taking into consideration the factors listed in 2.14 of this policy. 2.13293 Executive Committee approval is required for staff-initiated projects in the following circumstances: a) Grant or donation exceeds $10,000 in value; b) Project is not related to the goals of the Policy Statement, Trust Council’s strategic plan or the legislated responsibilities of the Islands Trust; c) Proposal requires formal Trust Council endorsement; or d) Issues remain that cannot be resolved under section 2.10 of this policy. 2.14 When Executive Committee approval is required for staff-initiated projects, the committee will consider the following factors: a) Budget and staff resources allow for its appropriateeffective administration; b) Project activities complyCompliance with all relevant legislation and policies; c) Grant proposal / donor request does not compete with island-based stakeholder proposals to the same funder / donor, to the best of trustee and staff knowledge; d) Grant proposal / donor request supports the relevant committee’s work program; and e) Project will be self-sustaining or not require additional resources upon its completion. ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 95 Chapter 6. Section 5. Subsection iv Page 8 2.15 If it appears that the investment in fundraising required (including staff salaries) for a special project may exceed 25% of the amount to be raised, Islands Trust staff will seek direction from Executive Committee. Grant Development & Submission 2.16 Prior to grant submission, Committees and staff units will explore the implications for budget adjustments according to Trust Council’s Budget Control and Adjustment Authority Policy 6.5.ii. 2.17 Committees and staff units will assign a trustee or staff representative to coordinate the writing and development of the draft project proposal, seeking the assistance of the Grants AdministratorGrants Program Manager as needed. In consultation with the Director of Trust AreaLocal Planning Services, the level of assistance provided by the Grants AdministratorGrants Program Manager will take into account work program implications and the factors outlined in section 2.10 (e) of this policy. 2.18 Submissions to the funding agency must be made by the Grants AdministratorGrants Program Manager on behalf of committees and staff units, unless otherwise agreed by the primary applicant for reasons of effectiveness and efficiency. 2.19 The Grants AdministratorGrants Program Manager will provide notification to the relevant committees and staff of the outcome and terms of the grant if successful. If unsuccessful, the Grants AdministratorGrants Program Manager will seek feedback from the funder to improve future proposals. 2.20 Contact with the funder will be done by the Grants AdministratorGrants Program Manager, unless otherwise agreed by the primary applicant for reasons of efficiency and effectiveness.

3. Tracking & Implementation of Grants

3.1 Grant revenue and disbursements and related service contracts funds mustwill be administered, received and disbursed by Islands Trust Administrative Services. The CAO may decide whether to apply an administrative charge to the project, ideally during the proposal-writing stage.

3.2 The Grants AdministratorGrants Program Manager will use the following procedures to track and implement grants: a) Ensure project activities comply with legislation and Islands Trust policies; b) Maintain an accurate database of grants received and provide quarterly updates to the Executive Committee and Trust Council on project status; c) Maintain a financial tracking and reporting system for grants received that complies with individual granting agency terms and conditions; and d) Assist committees and staff units in monitoring performance, auditing costs, meeting deliverables, and complying with reporting requirements. 3.3 The Grants AdministratorGrants Program Manager must be notified of all funds (cash and in- kind) committed by project partners.

3.4 Each project must have a project manager assigned, whether staff or contractor, who will be responsible for implementing the project, complying with reporting requirements, and liaising with the Grants AdministratorGrants Program Manager. 3.5 If grant funds are to be used to hire contractors or procure services, procurement is to follow practices consistent with Trust Council Purchasing Procedure 6.5.iii. ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 96 Chapter 6. Section 5. Subsection iv Page 9 3.6 Project managers in consultation with a senior manager will submit interim and final reports to the committee or senior staff person who initiated the project and the Grants AdministratorGrants Program Manager for review in a timely manner. The Grants AdministratorGrants Program Manager will ensure that required reporting is complete and submitted to the granting agency according to agency deadlines. 3.7 The Grants AdministratorGrants Program Manager will represent the Islands Trust to funding agencies, partners and stakeholders to negotiate increases in funding or extensions in deadlines, unless otherwise agreed by the Grants AdministratorGrants Program Manager and the primary applicant.

4. Use of Excess Funds 4.1 Interest earned on funds from special project grants or donations will be used only for those same purposes or as determined in agreement with the granting agency or donor. 4.2 When a special project fails to be completed for any reason, any grant funds will be returned according to the terms and conditions of the granting agency. 4.3 When a special project fails to be completed for any reason, any donation funds, for which an official receipt has been issued, will be reallocated to other Islands Trust projects in consultation with the donor. 4.34 When a special project has been completed with excess grant funds remaining, the funds will be returned or administered according to the terms and conditions of the granting agency. For donations for which tax receipt have been issued, see 2.22 (update reference if needed). 4.5 When a special project has been completed with excess donation funds, for which an official receipt has been issued, those funds will be reallocated to other Islands Trust projects in consultation with the donor.

5. Relationship to Other Islands Trust Bodies 5.1 The Islands Local Trust Committees and The Grants Program Manager will encourage committees seek to collaborate on initiatives of other Island Trust bodies, the Islands Trust Fund and island municipalities wherever possible and avoid competing for the same funding sources, especially when so recommended by the granting agency. 5.2 The Grants AdministratorGrants Program Manager will maintain communication with other Islands Trust Bbodies and the Islands Trust Fund and island municipalities to keep each other informed of potential grant opportunities, areas for collaboration and the status of funding proposals.

5.3 If island municipalities choose to use the Grants Administrator’s services, or collaborate on a joint proposal with another local trust committee, the same principles and steps outlined in this policy apply. 6. Issuance of receipts for income tax purposes 6.1 Receipts for income tax purposes will only be issued as per Canada Revenue Agency guidelines 6.2 Record keeping of the receipting process will be kept by Islands Trust in accordance with Canada Revenue Agency requirements. ISLANDS TRUST POLICY MANUAL https://meetings.islandstrust.bc.ca/Executive Committee - Business Meeting_May18_2016/eSCRIBE Documents/eSCRIBE Raw Attachments/63/Grants and Donations Administration Policy.docxV:\Groups\LPS\Programs\Grants and Donations (2016)\Grants and Donations Administration Policy.docxK:\Manuals\Policy\Chapter06\65iv Grants Administration Policy.doc 97 Chapter 6. Section 5. Subsection iv Page 10

6.3 As per 2.221, once a receipt for income tax purposes has been issued, no monies will be returned to the donor and any excess funds will be be reallocated to other projects by the Local Planning Committee, when possible in consultation with the donor. . AddendumAttachment Grants Administration Policy Matrix

ADMINISTRATION PROCESS

GRANT NOTIFICATION

Database of available grants Maintained by Grants Program Manager → Trustee/Committee/Staff; distributed quarterly Grants Program Manager → Trustees/Committee/Staff; alert sent when grant deadline is Grant alerts announced before next quarterly distribution of database.

GRANT AND DONATION RESEARCH Research priorities Trust Council’s Strategic Plan, Policy Statement, Legislated Responsibilities

Request for research Trustee/Committee/Staff → Grants Program Manager

Resolution required? No. Significant research is subject to a review of work program priorities

Research & advice provided Grants Program Manager → Trustee/Committee/Staff Independent research by Inform Grants Program Manager of topic trustees Existing research will be provided to trustee(s) Funder contact re: project Grants Program Manager, unless otherwise agreed by primary applicant inquiries

EXPRESSIONS OF INTEREST (EOI) EOI Submissions Staff/Trustee → Committee/Grants Program Manager 60 calendar days prior to granting agency deadline, Deadline for submissions unless sections 2.7 b, c, or d apply Grants Program Manager → Committee/Staff/Trustee . Feedback/solutions provided when funding criteria not met Review of submissions . Applicants with collaborative potential notified . Multiple applicants referred to grant adjudication process in section 2.10

MULTIPLE GRANT ADJUDICATION Confirm funder limits re: Grants Program Manager multiple applications Multiple applications allowed All eligible applications will proceed

One application allowed Grants Program Manager will use internal EOI to discuss project viability with funder Notification of granting agency Grants Program Manager → Committee/Staff/Trustee recommendations Decision to proceed or not Committee/Staff/Trustee → Grants Program Manager Resolution required to proceed Yes with application? Too many eligible applications Final decision made by Local Planning Committee remaining? according to criteria listed in section 2.10 (e)

1/2

PROJECT REVIEW Prior to finalizing a grant application, committees will determine project costs through: . Input from senior management staff for staff-initiated proposals or regional planning Determining project costs managers for trustee-initiated proposals . Review of related revenue and expenditure lines in the Trust Council budget . Potential for in-kind or cash funds from other project partners Resolution required for Yes, by the relevant committee, before grant applications are finalized committee-initiated projects? Local Planning Committee resolution is required in the following cases: . exceeding $10,000 Resolution required for staff- . not related to the goals of the Policy Statement, Trust Council’s strategic plan or legislated initiated projects? responsibilities . funder requires resolution with application . subject to issues that cannot be resolved under section 2.10 . Budget and staff resources allow . Complies with Islands Trust legislation and policies Factors to consider when . Does not compete with an island stakeholder debating resolutions . Self-sustaining project . Investment required does not exceed 25% of amount raised

GRANT DEVELOPMENT & SUBMISSION Budget adjustments required? Refer to Budget Control and Adjustment Authority Policy 6.5.ii Committees/Staff to assign trustee or staff to coordinate Writing of grant application Requests for Grants Program Manager’s assistance can be made to TAS Director. Grant submission Grants Program Manager, unless otherwise agreed with primary applicant

Grant outcome notification Funder → Grants Program Manager → Committee/Staff

Contact with funder Grants Program Manager, unless otherwise agreed with primary applicant

GRANT TRACKING & IMPLEMENTATION Receiving, administering and Administrative Services disbursing Project manager Staff or contractor to be assigned as project manager When using contractors for staff, Refer to Purchasing Procedure 6.5.iii committee or community- Direct awards may be available for community-initiated projects initiated projects Interim and final reporting Project Manager → Committee/Senior Management/Grants Program Manager Funder contact for project Grants Program Manager, unless otherwise agreed with primary applicant revisions & report submissions

DONATIONS Accepting Donations Refer to section 2

USE OF EXCESS FUNDS

2/2

100 Surplus funds upon completion Refer to section 4 of project

RELATIONSHIP TO OTHER ISLAND TRUST BODIES Other Island Trust Committees, Islands Trust Fund, Island Refer to section 5 Municipalities

ISSUEING RECEIPTS Receipt needed Refer to section 6

3/2

101

Islands Trust Council Minutes of Quarterly Meeting March 22-24, 2016 Hornby Island, BC

Present:

Executive Committee: Peter Luckham, Chair (Thetis) Laura Busheikin, Vice Chair (Denman) George Grams, Vice Chair (Salt Spring) Susan Morrison, Vice Chair (Lasqueti)

Local Trustees: David Critchley, Denman Melanie Mamoser, Gabriola Heather O’Sullivan, Gabriola Sandy Pottle, Galiano Dan Rogers, Gambier Kate Louise Stamford, Gambier Alex Allen, Hornby (March 22) Tony Law, Hornby Tim Peterson, Lasqueti Brian Crumblehulme, Mayne Jeanine Dodds, Mayne Dianne Barber, North Pender Derek Masselink, North Pender Peter Grove, Salt Spring Paul Brent, Saturna Lee Middleton, Saturna Bruce McConchie, South Pender Wendy Scholefield, South Pender

Municipal Trustees: Sue Ellen Fast, Bowen Alison Morse, Bowen

Regrets: George Harris, Galiano Ken Hunter, Thetis

Staff: Russ Hotsenpiller, Chief Administrative Officer Lisa Gordon, Director, Trust Area Services David Marlor, Director, Local Planning Services Cindy Shelest, Director, Administrative Services Mandy Giesbrecht, Executive Coordinator Carmen Thiel, Corporate Secretary (Recorder) Nancy Roggers, Finance Officer (March 22)

March 2016 Islands Trust Council Minutes DRAFT Page 1 102

TUESDAY, MARCH 22, 2016

Call to Order

The meeting was called to order at 1:30 p.m. Twenty-two trustees were in attendance with Trustees Dodds and Pottle expected shortly. Trustees absent: George Harris, Galiano and Ken Hunter, Thetis.

Chair Luckham acknowledged that the meeting was being held in traditional territory of the Coast Salish First Nations and that Hornby Island was inhabited by the Pentlatch band 5,000 years ago.

Trustee Law welcomed trustees to Hornby Island, encouraged trustees to see the island in their free time and provided history on the community hall. Trustee Allen gave some statistics about Hornby Island’s size and population.

Russ Hotsenpiller, Chief Administrative Officer (CAO), and Mandy Giesbrecht, Executive Coordinator, were introduced and welcomed. Chair Luckham extended thanks to Marie Smith, former Executive Coordinator, who served Islands Trust flawlessly for many years and recognized other staff that supported Marie’s position.

Notice of New Items and Approval of the Agenda

The Chair referred to the three-day Decision and Information Items and Sessions agendas for adoption. He asked if there were any items of new business, other than the addition of the proposed motions from Trustee Law in response to the delegation of Association of Denman Island Marine Stewards under section 9. of the Decision and Information Items agenda.

By general consent the Decision and Information Items agenda, as amended, and the Sessions agenda, as presented, for the Islands Trust Council Meeting of March 22-24, 2016 were adopted.

2016/17 BUDGET OVERVIEW AND DISCUSSION (1)

CAO Russ Hotsenpiller reviewed highlights of the proposed 2016/17 budget. Director of Administration Cindy Shelest provided an overview including changes to the budget since December Trust Council, budget assumptions and principles, a summary of project requests and proposed staff changes.

Trustees Dodds and Pottle entered the meeting at 1:56 p.m.

CAO Russ Hotsenpiller spoke to the recommendation to fund a temporary, full time Senior Intergovernmental Policy Advisor position for two years with an allocation of $82,430 in year one and $98,915 in year two, for the reasons of:  Liaison with 31 First Nations in the Islands Trust Area;  Increasing capacity for responding to marine threats including consideration of a Trust Council marine committee;  Overlap in the strategic plan between First Nations and marine issues, e.g. work at a local planning service level such as referrals on foreshore areas; communications; and advocacy for marine issues; and  Requests from the public to advance marine issues.

It was noted that Trust Programs Committee approved the recommendation for the position and the Local Planning Committee and Financial Planning Committee supported the position, but did not wish it to carry on beyond two years. Costs of the position are proposed to be funded by the surplus.

During discussion on the proposed position the following points were raised:

March 2016 Islands Trust Council Minutes DRAFT Page 2 103

 Where will priority lie with the person in the position – marine matters or First Nations;  This could be tried but should not lead to net gains in the number of staff positions;  There is currently some advocacy work by planners that might be taken on by this position;  Would prefer to spend the money on training staff and trustees;  Should we review our committee structure and how it could be more effective; and  There is a link where First Nations could be an ally in combatting marine threats and providing weight to our concerns.

There was also discussion about the proposal to revert the Southern Team Planner 1 position, which has been temporary, back to a permanent position.

The meeting recessed at 3:02 p.m. and reconvened at 3:23 p.m.

Public feedback on the budget was reviewed. Suggestions for amendment to the budget were then considered.

TC-2016-001 MOVED by Trustee Middleton, SECONDED by Trustee Scholefield, that Trust Council approve a budget of $82,430 to be split between a marine resource planning consultant and a First Nations governance consultant and these contracts replace the proposed intergovernmental policy advisor position.

There was debate on the motion.

The question on the motion was then called, DEFEATED Trustees Middleton, Scholefield and Morse In Favour

TC-2016-002 MOVED by Trustee Critchley, SECONDED by Trustee Middleton, that Trust Council include in the budget an item of $15,000 to fund a select committee to make recommendations to Trust Council about how to increase the effectiveness of the Islands Trust at responding to issues through its committee system.

During discussion it was suggested that the proposal needs more analysis and that this could be a project for Trust Programs Committee.

The question on the motion was then called, DEFEATED Trustees Middleton, Critchley, Fast, Grams and Dodds In Favour

TC-2016-003 MOVED by Trustee Crumblehulme, SECONDED by Trustee Dodds, that the budget be amended to roll over the balance of $50,000 Enduring Relationships with First Nations. DEFEATED Trustees Grams, Dodds and Crumblehulme In Favour

TC-2016-004 MOVED by Trustee Brent, SECONDED by Trustee Mamoser, that Islands Trust Council approve the addition of a proposed temporary Senior Intergovernmental Policy Advisor provided that this position does not result in an increase in full time equivalents above current levels beyond the two year temporary term envisaged in the proposal.

March 2016 Islands Trust Council Minutes DRAFT Page 3 104

During debate it was noted that:  the work of the proposed position responds to public needs;  the proposed position has been supported by Trust Council committees;  Islands Trust needs the capacity to do the work directed by the Islands Trust Act;  when we take on new things we should give up something else; and  there is concern about increasing the burden on taxpayers.

There was discussion about the report in the June 2012 Trust Council agenda re: proposed First Nations advisor position and Director of Trust Area Services, Lisa Gordon, agreed to send Trustees a link to the report.

The question on the motion was then called, CARRIED Trustee Scholefield Opposed

TC-2016-005 MOVED by Trustee Brent, SECONDED by Trustee Peterson, that trustees forego their Consumer Price Index increase for the 2016/17 fiscal year.

There was a question about what would happen next year if Trust Council voted to forego the increase this year. Director of Administrative Services, Cindy Shelest, responded that the remuneration bylaw would not require amendment to accommodate this proposal. There was a request for a schedule to be included in the budget document in future years to lay out trustee remuneration and it was suggested that the Financial Planning Committee could consider this.

The question on the motion was then called, DEFEATED Trustees Brent, Peterson and McConchie In Favour MEETING OPTIONS (2)

Electronic Meetings

Legislative Services Manager, Carmen Thiel, presented various points regarding electronic meetings and electronic participation which Trust Council could consider if it wishes to amend its procedure bylaw to allow for electronic participation at meetings.

A discussion period included the following topics:  hold special electronic meetings for items requiring discussion and debate, where they would otherwise be done through Resolution Without Meeting;  mixed meetings, where members participate both in person and electronically can be challenging and should be treated with more care and resources/training and technical support;  meetings should be either entirely in person or entirely electronic;  electronic meetings can be effectively chaired whether the chairperson attends in person or remotely;  keep electronic Trust Council meetings to a minimum; interpersonal connection and going to different island communities are important; and  electronic participation would allow flexibility for anyone who could not attend a Trust Council meeting in person.

Trust Council Meeting and Agenda Structure

CAO Russ Hotsenpiller outlined issues that have been identified for review regarding the structure and format of Trust Council meeting agendas.

March 2016 Islands Trust Council Minutes DRAFT Page 4 105

Trustee input regarding agendas included the following:  Have one consolidated sequential agenda as opposed to a decision and information item agenda and a separate sessions agenda;  Incorporate opportunities for brainstorming and creative discussion;  Continuous learning items could be web based or placed at the end of an agenda; one page distilled reports are needed for decision items;  Put delegations and town hall at the beginning of the meeting, followed by trustee roundtable and finish day one with a key presentation; devote day two to business items and finish with continuous learning sessions at the end of the meeting in case they are redundant for long time trustees; and  Schedule a tour on each island during Trust Council meetings and look for presentations on interesting things about each island;

CAO Russ Hotsenpiller recommended that Trust Council leave this topic for consideration by Executive Committee, based on the suggestions made today and indicated that some new things could be tried if Executive Committee so decides.

Chair Luckham announced that Trustee McConchie has resigned from the Trust Programs Committee (TPC) to focus on other work at the Islands Trust. The Chair thanked Trustee McConchie for his work on TPC and asked for expressions of interest from trustees for the vacant seat on the committee. He noted that if nobody comes forward he will not be making an appointment to TPC, to be ratified by Trust Council.

The meeting recessed at 5:30 p.m.

WEDNESDAY, MARCH 23, 2016

The meeting reconvened at 8:30 a.m. Twenty-three trustees were in attendance. Trustees absent: Alex Allen, Hornby, George Harris, Galiano and Ken Hunter, Thetis.

DECISION AND INFORMATION ITEMS (3)

1. GENERAL

1.1 Resolutions Without Meeting – None.

1.2 December 2015 Trust Council Meeting Draft Minutes – Adoption by General Consent

Chair Luckham asked if there were any amendments to the minutes prior to adoption.

The following amendments were proposed:  that the first paragraph under agenda item 2016-17 DRAFT BUDGET on page 12 of the minutes be amended to read: “Trustee Grove introduced the draft 2016-17 budget noting that a zero percent increase in revenues derived from property taxes over last fiscal year is recommended”; and  that Resolution TC-2015-145 on page 12 of the minutes be amended by deleting the words “office relocation” and replacing them with the words “Select Committee for Review of Victoria Office Location”.

By general consent the minutes of December 8-10, 2015 were adopted as amended.

1.3 Trust Council Follow-Up Action List

Provided for information.

March 2016 Islands Trust Council Minutes DRAFT Page 5 106

2. EXECUTIVE

2.1 Chief Administrative Officer’s Report

Provided for information.

Chair Luckham welcomed John Rampanen, facilitator for the First Nations session to be held later in the day. He also acknowledged past Trustee Louise Bell from Denman Island who was in the visitors’ gallery. Vice Chair Busheikin introduced past Trustee Roxanna Mandryk from Denman Island.

2.2 Executive Committee Work Program Report

The top three priorities in the work program were: 1. Governance, Policy, Strategic Planning, Trust Council; 2. Communications, Advocacy, Policy Statement, Interagency and Public Relations; and 3. Organizational Improvements.

TC-2016-006 MOVED by Trustee Busheikin, SECONDED by Trustee Brent, that the Islands Trust Council approve the top priorities of the Executive Committee Work Program Report. CARRIED 2.3 Continuous Learning Plan

In reviewing the continuous learning plan, the following comments were made:

 Broaden effective communications and social media topic to include best practices around electronic communications, email management, Freedom of Information, and clarity on when trustees are copied on responses to constituents;  Deliver continuous learning sessions by webinar;  Focus advocacy on local trust committees instead of it always appearing at Executive Committee;  Expand learning on marine issues;  Presentation by Ombudsperson’s Office about fair process for bylaw enforcement;  San Juan County has again invited southern Gulf Islands trustees and regional directors to a meeting on April 29th; concerned about a north south divide in the islands; and  San Juan County meeting should be a low priority when there are other higher priorities.

CAO Hotsenpiller advised that the Governance/Staff Relations topic is intended to reflect on roles to ensure that staff is not getting into governance issues and vice versa.

The meeting recessed at 9:15 a.m. and reconvened at 9:45 a.m.

FIRST NATIONS (4)

Chair Luckham introduced facilitator naas?aɫuk - John Rampanen (Nuu-chah-nulth Nation – west coast of Vancouver Island and northern Washington state) from Ahousat, who gave a presentation on Working Across Cultures: Building Cultural Bridges and Exploring Indigenous Governance Systems. Topics covered in the presentation included: indigenous governance systems, including hereditary roles and responsibilities; Nuu-chah-nulth spirituality; First Nations history including the pre-colonial era, the process and effects of colonization; decolonization; symbolic versus action oriented reconciliation; and recommended/potential steps to cultural bridge building. In closing John Rampanen thanked Trust Council for the opportunity to make the presentation.

On behalf of Trust Council Chair Luckham thanked John Rampanen for his presentation.

March 2016 Islands Trust Council Minutes DRAFT Page 6 107

The meeting recessed at Noon and reconvened at 12:47 p.m.

COMMUNITY PRESENTATION (5)

Hornby Island Residents’ and Ratepayers’ Association (HIRRA) Rob McCreary, president of HIRRA, gave an overview of the Association’s work in administering funds provided through the Comox Valley Regional District. He explained that HIRRA manages funds which apply to a number of community services such as recycling and waste management, recreation, regional parks, roadside trails, fire protection, invasive plant control, cemetery stewards, fall fair and the community hall and commented that this is a powerful vehicle for community governance.

Hornby Island Community Economic Enhancement Corporation (HICEEC) John Heinegg (Chair) and Karen Ross (facilitator) of HICEEC provided background on the history, funding by taxation from Hornby Island through the Comox Valley Regional District (CVRD) and function of the organization through an agreement with CVRD. The action plan for 2015 was reviewed and the need for economic growth emphasized. Islands Trust was encouraged to look at the value taxpayers are getting for tax dollars especially in the event of Salt Spring Island incorporation. Ideas for stimulating the economy on Hornby Island included more affordable rental housing, expanding shoulder season for visitors, job creation, community garden project, and zoning tools to increase densities, e.g. need for in-law suites.

DELEGATIONS AND TOWN HALL (6)

Gulf Islands Alliance re Marine Issues Roxanna Mandryk, Chair of the Gulf Islands Alliance, reiterated the Alliance’s former request that the principle of the Public Trust Doctrine be recognized in the Islands Trust Policy Statement, to provide the framework and motivation to apply the best solutions to climate change. In addition, Trust Council was encouraged to examine its committee structure and effectiveness to address marine issues and threats and to support the proposed Intergovernmental Policy Advisory position.

Denman Island Forage Fish Group re marine issues Grant Scott and Dorrie Woodward showed examples of garbage collected during a beach cleanup effort on Denman Island and reported that 3 to 4 tonnes of mostly plastic from the shellfish industry is collected every year. Reference was made to the vital herring spawning and nursery grounds off the shores of Denman Island, which is part of the food web for all of Georgia Strait. It was stated that the new marine food web now includes micro plastics which are releasing contaminants into the food chain. It was further noted that the Denman shore has been identified as a micro plastic hotspot on the west coast. Trust Council was asked to use a precautionary approach and create a moratorium on proposed geoduck tenures until the dangers of micro plastics are recognized and the sources of plastics are regulated appropriately. Trust Council was also asked to advocate for ecosystem based management of shellfish aquaculture. In closing, the speakers expressed support for a dedicated marine committee of Trust Council and for the proposed new staff position.

The Association for Denman Island Marine Stewards (ADIMS) re marine issues Barbara Mills, representing ADIMS, reviewed the organization’s advocacy for the inclusion of Baynes Sound and Lambert Channel as part of a Marine Protection Area (MPA). Islands Trust Council was asked to support ADIMS’s efforts to have the federal government designate Baynes Sound, Lambert Channel, and the surrounding Trust Area waters a MPA as part of a greater network of MPAs in the Strait of Georgia. Trust Council was also encouraged to fund the proposed staff position and strike a marine committee to better preserve and protect the marine ecosystem before it degrades further.

Peter Lamb re Climate Change and 2016-17 Budget Peter Lamb pointed out that neither Trust Council’s 2016/17 budget nor the strategic plan specifically mention climate change initiatives. He indicated that Islands Trust signed the B.C. Climate Action Charter in 2007 and reviewed a number of steps that were taken subsequent to that. Mr. Lamb recommended the following actions that Trust Council should take to effectively respond to the issue

March 2016 Islands Trust Council Minutes DRAFT Page 7 108

and to be a leader in giving climate change the note it deserves: establish a task force to review Trust wide climate action policies and initiatives to date and report progress to the June Trust Council meeting and the public; monitor greenhouse gas emission reductions and provide an update to the public on them; work with regional districts to co-ordinate and make progress on climate actions in the Trust Area; add climate change adaptation and mitigation to the strategic plan and task a committee to consider adding adaptation to droughts and sea level rise to the plan.

TOWN HALL

Grant Scott, Chair of Conservancy Hornby Island, and a former salmon fisher, commented on aspects of the commercial herring fishery in Lambert Channel and Baynes Sound and described the fishing process. He referred to the Marine Conservation Zone around Hornby Island and questioned what that zone means and what Islands Trust can do to help the islands with this important fish. He acknowledged that marine matters are a complicated federal/provincial/Islands Trust responsibility and stated that Hornby Island supports Denman Island on what they are doing to advocate for improved marine species harvesting and processing.

It was agreed to consider item 8.4 following the Delegations and Town Hall sessions.

DECISION AND INFORMATION ITEMS (3) cont’d.

8.4 Disposition of Delegations and Town Hall Requests – General Consent

TC-2016-007 MOVED by Trustee Law, SECONDED by Trustee Chritchley, that Trust Council request Executive Committee to review legislative tools, programs and processes that could advance Islands Trust Policy Statement policies 3.4.2 and 3.4.6 to protect marine areas and protect and enhance populations of native marine species (including in the context of the federal government's goal of increasing the proportion of Canada's marine /coastal areas that are protected to 5% by 2017 and 10% by 2020 and to report back to Trust Council by December 2016.

During discussion staff advised that the first job of the proposed Intergovernmental Policy Advisor position will be to evaluate all of the different legislative programs and processes of the various jurisdictions involved in marine areas to avoid duplication of information that other agencies already have. It was suggested that the Executive Committee could take the First Nations topic into consideration when working with the recommendation.

TC-2016-008 MOVED by Trustee Grams, SECONDED by Trustee Crumblehulme, that the motion be amended to add the words “with recommendations” at the end. CARRIED The question on the motion, as amended, was then called, CARRIED TC-2016-009 MOVED by Trustee Law, SECONDED by Trustee Busheikin, that Trust Council amend section 2.5 of its strategic plan to complete the tasks related to shellfish aquaculture in the 2016-17 fiscal year using the new capacity created by the Intergovernmental Policy Advisor position. CARRIED Trustee Brent Opposed

By general consent it was agreed to send letters of thanks to the delegations.

The meeting recessed at 2:25 p.m. and reconvened at 2:45 p.m.

March 2016 Islands Trust Council Minutes DRAFT Page 8 109

2.4 Strategic Plan Update

Provided for information. CAO Hotsenpiller discussed the opportunity for reflection on the plan to be more organizational and simple and focus more on strategic goals and simplifying the associated activities.

Trustee McConchie pointed out that South Pender Island Local Trust Committee’s review of its Land Use Bylaw is not mentioned under Community Highlights on page 31.

It was agreed to move the Islands Trust Transition Plan session ahead of item 2.5

ISLANDS TRUST TRANSITION PLAN (7)

CAO Hotsenpiller spoke to the Islands Trust transition plan on how Islands Trust would adapt to changing circumstances if there were an affirmative vote on Salt Spring Island to incorporate as an island municipality. He noted that there has been a change in the schedule to complete the incorporation study because the Incorporation Study Committee needs more information on road condition assessment before moving forward. It was indicated that the Committee has received an additional $135,000 for additional study related to roads and the final study is now due November 30, 2016.

There was general discussion about the longer term adaptation strategy; the Ministry of Community, Sport and Cultural Development’s request that Islands Trust prepare a transition plan by June 2016 to give the public ample information prior to a potential incorporation vote; pursuing funding from the Ministry to assist Islands Trust in developing the plan and adaptation strategy; and the importance of communications with the public and trustees throughout the process.

DECISION AND INFORMATION ITEMS (3) cont’d.

2.5 Islands Trust Transition Plan

TC-2016-010 MOVED by Trustee Grams, SECONDED by Trustee Morrison, that Section 7.2.1 of the Islands Trust Strategic Plan 2014-2018 regarding the schedule of delivery for the Islands Trust Transition Plan, is amended from March 2016 to June 2016. CARRIED

3. LOCAL PLANNING

3.1 Director of Local Planning Services Report

Provided for information. 3.2 Local Planning Committee Work Program Report

The committee’s top three priorities outlined in the report were: 1. Community Housing Needs; 2. Shoreline Marine Planning; and 3. Appropriate Economic Development.

There was general discussion about the priority items listed in the report and that they will be worked on sequentially rather than all at once.

TC-2016-011 MOVED by Trustee Brent, SECONDED by Trustee Peterson, that the Islands Trust Council approve the top priorities of the Local Planning Committee Work Program Report. CARRIED

March 2016 Islands Trust Council Minutes DRAFT Page 9 110

3.3 Development Area Information Bylaw for the Ballenas – Winchelsea

TC-2016-012 MOVED by Trustee Busheikin, SECONDED by Trustee Crumblehulme, that Trust Council Bylaw No. 163, cited as "Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) Development Approval Information Bylaw No. 163, 2016" be read a first time. CARRIED TC-2016-013 MOVED by Trustee Morrison, SECONDED by Trustee Busheikin, that Trust Council Bylaw No. 163, cited as "Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) Development Approval Information Bylaw No. 163, 2016" be read a second time. CARRIED TC-2016-014 MOVED by Trustee Grams, SECONDED by Trustee Masselink, that Trust Council Bylaw No. 163, cited as "Executive Committee Acting as a Local Trust Committee (Ballenas – Winchelsea Islands) Development Approval Information Bylaw No. 163, 2016" be read a third time. CARRIED

3.4 Local Planning Committee - Community Housing Forum

Trust Council was briefed on a “Community Housing Forum”, hosted by the Local Planning Committee, to be held at the Ocean Front Suites at Cowichan Bay on June 13, 2016. The forum will bring islanders together and use a Trust-wide lens to address housing challenges and solutions in island communities within the Trust Area.

During discussion there were questions about the form of reporting that would come out of the forum; whether the Affordable Housing Toolkit will be given to attendees and the selection process for invitations.

3.5 Concerning Land Use Consultation for Radio Communications Utilities

TC-2016-015 MOVED by Trustee Brent, SECONDED by Trustee Peterson, that the Islands Trust Council request the Local Planning Committee to make recommendations on policy that includes public consultation procedures and development guidelines for the siting and design of antenna systems, which may then be adapted and implemented by local trust committees. CARRIED

4. ORGANIZATIONAL/FINANCE

4.1 Director of Administrative Services Report

Provided for information.

4.2 Financial Planning Committee Work Program Report

The top three priorities of the committee’s work program were noted as: 1. Finalize the 2016/17 Budget; 2. Conduct the 2015/16 Year End Audit; and 3. Complete the 2015/16 Allocated Financial Statements.

March 2016 Islands Trust Council Minutes DRAFT Page 10 111

TC-2016-016 MOVED by Trustee Grove, SECONDED by Trustee Brent, that the Islands Trust Council approve the top priorities of the Financial Planning Committee Work Program Report. CARRIED 4.3 December 31, 2015 Quarterly Financial Statement

TC-2016-017 MOVED by Trustee Grove, SECONDED by Trustee Middleton, that the Islands Trust Council approve the December 31, 2015 Quarterly Financial Report as presented. CARRIED

4.4 Financial Forecast for March 31, 2016 Year End Updated With December 2015 Actual Results

Provided for information.

4.5 Revenue Anticipation Borrowing Bylaw No. 164

TC-2016-018 MOVED by Trustee Grove, SECONDED by Trustee Grams, that Islands Trust Council Bylaw 164, cited as “Revenue Anticipation Borrowing Bylaw 2016/17” be read a first time. CARRIED TC-2016-019 MOVED by Trustee Grove, SECONDED by Trustee Crumblehulme, that Islands Trust Council Bylaw 164, cited as “Revenue Anticipation Borrowing Bylaw 2016/17” be read a second time. CARRIED TC-2016-020 MOVED by Trustee Grove, SECONDED by Trustee Masselink, that Islands Trust Council Bylaw 164, cited as “Revenue Anticipation Borrowing Bylaw 2016/17” be read a third time. CARRIED

TC-2016-021 MOVED by Trustee Grove, SECONDED by Trustee Morse, that Islands Trust Council Bylaw 164, cited as “Revenue Anticipation Borrowing Bylaw 2016/17” be forwarded to the Minister of Community, Sport and Cultural Development for approval consideration. CARRIED 4.6 2016/2017 Financial Plan Bylaw No. 165

TC-2016-022 MOVED by Trustee Grove, SECONDED by Trustee Brent, that Islands Trust Council Bylaw 165, cited as “Financial Plan Bylaw, 2016/17” be read a first time. CARRIED TC-2016-023 MOVED by Trustee Grove, SECONDED by Trustee Masselink, that Islands Trust Council Bylaw 165, cited as “Financial Plan Bylaw, 2016/17” be read a second time. CARRIED

March 2016 Islands Trust Council Minutes DRAFT Page 11 112

TC-2016-024 MOVED by Trustee Grove, SECONDED by Trustee Stamford, that Islands Trust Council Bylaw 165, cited as “Financial Plan Bylaw, 2016/17” be read a third time. CARRIED TC-2016-025 MOVED by Trustee Grove, SECONDED by Trustee Law, that Islands Trust Council Bylaw 164, cited as “Financial Plan Bylaw, 2016/17” be forwarded to the Minister of Community, Sport and Cultural Development for approval consideration. CARRIED 5. TRUST AREA SERVICES

5.1 Director of Trust Area Services Report

Provided for information. Trustees expressed concerns about industrialization in the Trust Area which puts pressure on Islands Trust to respond to all the issues arising. It was noted that there is an expectation that Islands Trust should bring these matters to the attention of other agencies despite Islands Trust’s limited capacity to deal with all of the issues.

5.2 Trust Programs Committee Work Program Report

The top three priorities noted were: 1. Review the Islands Trust Policy Statement; 2. Amend Crown Land Cooperation Agreements; and 3. Protect Quality and Quantity of Water Resources.

TC-2016-026 MOVED by Trustee Masselink, SECONDED by Trustee O’Sullivan, that the Islands Trust Council approve the top priorities of the Trust Programs Committee Work Program Report. CARRIED 5.3 Trust Fund Board Report

Provided for information. Trustee Law reviewed highlights of the report noting that the term of Julie Glover on the Trust Fund Board has expired and Dereck Atha’s term expires this year. He stated that the Board is excited about a significant land acquisition on Thetis Island. He also indicated that he is looking for feedback from trustees on information he is providing in his report to local trust committees.

5.4 Legislative Monitoring Report

Provided for information.

There was a request to update the list of Islands Trust signatories to the Coastal Douglas-fir and Associated Ecosystems Conservation Partnership (page 126) to include the Galiano Island Local Trust Committee (LTC). Director of Trust Area Services, Lisa Gordon, agreed to add Galiano Island LTC to the list.

Reference was made to B.C. legislation which may affect aquaculture under the protections of the right to farm. A Comox Valley Regional District group is seeking to provide input and express concerns to a provincial review board working on code of conduct/farm practices for aquaculture. It was further noted that federal acts such as the Species at Risk Act take precedence over the B.C. Fisheries Act and other provincial acts in relation to aquaculture. It was announced that there is an upcoming joint meeting between the Executive Committee and the Trust Fund Board to discuss species at risk with federal employees.

March 2016 Islands Trust Council Minutes DRAFT Page 12 113

5.5 Particularly Sensitive Sea Area Designation for the Salish Sea

TC-2016-027 MOVED by Trustee McConchie, SECONDED by Trustee Busheikin, that Trust Council support the Salish Sea Particularly Sensitive Sea Area nomination process by co-sponsoring an Associated Protective Measures workshop in Vancouver in June 2016 and by directing the Chair to send a letter of support to the federal Minister of Transport. CARRIED 5.6 Amendments to Policy Statement Policies

TC-2016-028 MOVED by Trustee Rogers, SECONDED by Trustee Masselink, that the Islands Trust Council replace “Policy 1.2.i Policy Statement Amendment Policy” dated March 6, 1998 with “Policy 1.2.i Policy Statement Amendment Policy” dated March 23, 2016. CARRIED TC-2016-029 MOVED by Trustee Rogers, SECONDED by Trustee Masselink, that the Islands Trust Council replace “Policy 1.3.i Policy Statement Implementation Policy” dated June 16, 2005 with “Policy 1.3.i Policy Statement Implementation Policy” dated March 23, 2016. CARRIED TC-2016-030 MOVED by Trustee Rogers, SECONDED by Trustee Masselink, that the Islands Trust Council rescind Procedure 1.3.ii Policy Statement Topic Review Framework dated March 10, 2005. CARRIED TC-2016-031 MOVED by Trustee Rogers, SECONDED by Trustee Masselink, that the Islands Trust Council direct staff to draft changes to the Policy 2.4.vi Executive Committee Legislative Role and the Policy 5.7.i Bylaw Checklists to remove reference to the Council Commitments and Recommendations Checklist. CARRIED

6. STRATEGIC PLAN AMENDMENTS – None

7. CORRESPONDENCE – None

8. SUMMARY/UPDATES

8.1 Trustee Updates

8.1.1 BC Ferries (A. Morse)

The following update was provided:  New ferry builds will not have to pay duty under the recent federal budget;  Colin Palmer from Powell River Regional District, and Chair of the Coastal Regional District Chairs’ group, is trying to put together a working group to meet with BC Ferries and provincial ministry staff to work through individual aspects and concerns regarding coastal ferries. It was confirmed that Trustee Grams will be part of that group;  The Denman cable ferry has been running for 3-4 weeks; it has periodically been breaking down and the previous ferry has taken over during those times; it is hoped that this is part of start-up of a new ferry.

8.1.2 First Nations

March 2016 Islands Trust Council Minutes DRAFT Page 13 114

Trustees reported on activities with First Nations in their Local Trust Areas:  Next Thursday the Gambier Island Local Trust Committee is hosting a community forum with Squamish First Nation and is looking forward to having them for lunch. The community is invited for a social meet and greet;  Denman and Hornby Island Local Trust Committee had a getting to know you meeting with new the council at K’omoks First Nation and enjoyed food together. They have engaged an archaeologist to compile the history of the Nation re historical use and occupation;  Thetis Island Local Trust Committee applied for community to community funding to invite Penelakut and Lyackson First Nations to an event; the funding did not come through and they will reapply;  Salt Spring Island Local Trust Committee awarded a contract to consultants to assess First Nations archaeological sites, primarily on the Salt Spring Island foreshore, with a view to protection. First Nations in the Local Trust Area were invited to meet with the Local Trust Committee to discuss issues of mutual interest. Cowichan Tribes met with the Local Trust Committee and suggested a moratorium on further docks on the foreshore of Sansum Narrows and discussed potential locations of appropriate marine shellfish harvesting areas. It was noted that the First Nations will need to approach the Province on these matters as well.

8.1.3 Gulf Islands National Park Reserve Advisory Committee (D. Masselink)

Trustee Masselink stated that the February committee meeting was cancelled. He advised that he sent a letter to the superintendent and staff, the CRD director and a community representative indicating a strong desire to be engaged with the parks advisory board and issues around national marine conservation areas and to make the committee more effective.

8.1.4 Salt Spring Island Water Protection Authority (SWIPPA) - (G. Grams)

Trustee Grams reported that additional resources have been provided to SWIPPA from the Ministry of Forests, Lands and Natural Resource Operations re aquifers and dry water investigations and give more ready access to their data bases.

8.1.5 Howe Sound Community Forum

It was reported that the next forum will be held on April 29th on Gambier Island, to be attended by 70 – 80 local government officials, several MLAs and community members. The focus of discussion will be: Woodfibre LNG approval by the Federal Government; Provincial Government plan to expand Halkett Bay Marine Park; protection of glass sponge reefs; and the fixed link study for the Sunshine Coast. It was noted that Bowen and Gambier trustees will attend, along with CAO Hotsenpiller and Policy Advisor Clare Frater.

8.1.6 Update from Select Committee re location of Victoria Office (B. McConchie)

Trustee McConchie referred to a report on the select committee which was forwarded to trustees on Monday. He indicated that the committee will further develop processes at its May meeting. It was also reported that at this time it is too soon for the committee to make a recommendation to Trust Council.

The meeting recessed at 5:05 p.m.

March 2016 Islands Trust Council Minutes DRAFT Page 14 115

THURSDAY, MARCH 24, 2016

The meeting reconvened at 8:30 a.m. Twenty-two trustees were in attendance. Trustees absent: Alex Allen, Hornby, George Harris, Galiano, Ken Hunter, Thetis and Wendy Scholefield, South Pender.

CLOSED MEETING (8)

TC-2016-032 MOVED by Trustee Morrison, SECONDED by Trustee Peterson, that the Islands Trust Council meeting be closed to the public subject to Sections 90(1)(c), (g) and (i) of the Community Charter in order to consider matters related to:  labour relations or other employee relations;  litigation affecting the Islands Trust,  receipt of advice that is subject to solicitor-client privilege; and that CAO Russ Hotsenpiller be invited to attend the entire meeting and other Islands Trust staff be invited to attend Part 2 of the meeting. CARRIED The meeting closed to the public at 8:31 a.m. and reopened to the public at 9:09 a.m.

DECISION AND INFORMATION ITEMS (3) cont’d.

9. NEW BUSINESS

9.1 Amendment to Bylaw 165 “Financial Plan Bylaw, 2016/17”

Director of Administrative Services, Cindy Shelest, explained that an error had been detected in Schedule A attached to Bylaw 165 “Financial Plan Bylaw, 2016/17”, which was given first through third readings yesterday.

TC-2016-033 MOVED by Trustee Grove, SECONDED by Trustee Morse, that third reading of Islands Trust Council Bylaw 165, cited as “Financial Plan Bylaw, 2016/17” be rescinded. CARRIED TC-2016-034 MOVED by Trustee Grove, SECONDED by Trustee Morse, that Schedule A to Islands Trust Council Bylaw 165, cited as “Financial Plan Bylaw, 2016/17” be deleted and replaced with a new Schedule A. CARRIED

TC-2016-035 MOVED by Trustee Grove, SECONDED by Trustee Peterson, that Islands Trust Council Bylaw 165, cited as “Financial Plan Bylaw, 2016/17” be read a third time as amended. CARRIED 9.2 Appointment to Trust Programs Committee

TC-2016-036 MOVED by Trustee Crumblehulme, SECONDED by Trustee Busheikin, that Trustee Grove be appointed to the Trust Programs Committee to replace Trustee McConchie who has resigned.

Trustee Grove rescinded his offer of service with the understanding that he attend Trust Programs Committee meetings during consideration of the visioning exercise.

March 2016 Islands Trust Council Minutes DRAFT Page 15 116

With the agreement of the Mover and Seconder the motion was WITHDRAWN

It was suggested that in future when there is a Council Committee vacancy, the Chair send an email to trustees calling for an expression of interest and ask that trustees indicate their interest by return email.

8.2 Priorities Chart

By general consent the Islands Trust Council priorities chart was received for information.

8.3 Proposed June 2016 Trust Council Agenda Program – Information

Provided for information.

10. NEXT MEETING – June 14-16, 2016 North Pender Island

Trustee Dodds left the meeting at 9:25 a.m.

TRUSTEE ROUNDTABLE (9) - Trustees participated in a roundtable session to discuss common issues, concerns and successes.

Trustee Brent left the meeting at 9:31 a.m.

11. ADJOURNMENT

By general consent the meeting adjourned at 10:30 a.m.

______Peter Luckham, Chair, Islands Trust Council

CERTIFIED CORRECT

______Carmen Thiel, Recorder and Corporate Secretary

March 2016 Islands Trust Council Minutes DRAFT Page 16 117 DRAFT June 2016 Islands Trust Council Agenda Program Pender Islands Community Hall, 4418 Bedwell Harbour Road, North Pender Island

Tuesday, June 14 12:00 p.m. Executive Committee Meeting 12:30 p.m. Lunch (hall) Ferries to Pender Island from: 1:30 p.m. Call to Order 1:35 p.m. Regular Agenda Commences Galiano Island  Approval of Agenda (2) Leave: 11:15 a.m. / Arrive: 12:20 p.m.  General Business Arising (3)  Executive (4) Mayne Island 3:00 p.m. Break Leave: 11:15 a.m. / Arrive: 11:35 a.m. 3:25 p.m. Regular Agenda Resumes  Executive (continued) (4) Salt Spring (Long Harbour)  Local Planning Services (5) Leave: 6:15 a.m. / Arrive: 6:55 a.m. 5:30 p.m. Meeting recesses for the day 6:30 p.m. Dinner (former trustees): Saturna Island Port Browning Marina, 4605 Oak Road Leave: 10:30 a.m. / Arrive: 11:35 a.m. Wednesday, June 15 7:30 a.m. Breakfast (hall) Swartz Bay 8:30 a.m. Regular Agenda Resumes: Leave: 8:30 a.m. / Arrive: 9:10 a.m.  Organizational / Finance (6) 9:30 a.m. Marine Shipping Session (8.1) Tsawwassen 11:00 a.m. Break Leave: 10:10 a.m. / Arrive: 12:20 p.m. 11:20 a.m. Regular Agenda Resumes:  Trust Area Services (7) 12:00 p.m. Lunch (hall) Ferries from Pender Island to: 1:00 p.m. Community Presentations (8.2) 1:30 p.m. Delegations & Town Hall (8.3) Galiano / Mayne Islands, Tsawwassen 2:30 p.m. Break Departs: 4:05 p.m. 2:55 p.m. Session to be confirmed 4:25 p.m. Regular Agenda Resumes Salt Spring Island  New Business (9) Departs: 12:30 p.m.

 Strategic Plan (Amendments) (10) 5:30 p.m. Meeting recesses for the day Saturna Island Island Tour: 5:30-6:30 (TBC) Departs: 8:25 p.m. 7:00 p.m. Dinner: Port Browning Marina, 4605 Oak Road Swartz Bay Thursday, June 16 Departs: 11:45 a.m.* *BC ferries website notes this is a busy sailing and often 7:30 a.m. Breakfast (hall) fills up. The next sailing is 3:10 p.m. 8:30 a.m. Closed Meeting (Separate Package) (11) 9:15 a.m. Break 9:40 a.m. Regular Agenda Resumes  Summary / Updates (12)  Correspondence (13) 11:00 a.m. Adjournment (approx.)

118

June 2016 Islands Trust Council Regular Agenda

Dates June 14 – 16, 2016 Location Pender Islands Community Hall 4418 Bedwell Harbour Road North Pender Island

1. CALL TO ORDER

2. APPROVAL OF AGENDA

3. GENERAL BUSINESS ARISING 3.1 Resolutions Without Meeting: TC-RWM-2016-001 3.2 March 2016 Trust Council Meeting Draft Minutes That the Islands Trust Council approves the minutes of the March 22-24, 2016 Trust Council meeting held on Hornby Island. 3.3 Trust Council Follow Up Action List 3.4 Trustee Round Table 3.5 Debrief from June 13 Housing Forum

4. EXECUTIVE 4.1 Chief Administrative Officer’s Report 4.2 Executive Committee Work Program Report – Decision That the Islands Trust Council approve the top priorities of the Executive Committee Work Program Report 4.3 Continuous Learning Plan 4.4 Strategic Plan Updates 4.5 Governance & Staff Relations 4.6 Draft Amendments to “Islands Trust Council Meeting Procedures Bylaw, 2004” re: Electronic Meetings

5. LOCAL PLANNING SERVICES 5.1 Director of Local Planning Services Report 5.2 Local Planning Committee Work Program Report – Decision That the Islands Trust Council approve the top priorities of the Local Planning Committee Work Program Report. 5.3 Bylaw Enforcement Reporting – Briefing 5.4 Grants Administration Policy - Decision

6. ORGANIZATIONAL/FINANCE 6.1 Director of Administrative Services Report 6.2 Financial Planning Committee Work Program Report – Decision That the Islands Trust Council approve the top priorities of the Financial Planning Committee Work Program Report. 6.3 Quarterly Financial Report 6.4

119

June 2016 Islands Trust Council Regular Agenda

7. TRUST AREA SERVICES 7.1 Director of Trust Area Services Report 7.2 Trust Programs Committee Work Program Report – Decision That the Islands Trust Council approve the top priorities of the Trust Programs Committee Work Program Report. 7.3 Trust Fund Board Report 7.4 NAPTEP Application – Decision That the Islands Trust Council request the Secretary issue a Natural Area Protection Tax Exemption Certificate for the portion of Link Island described as “Section 25, Nanaimo District (Part of DeCourcy Group of Islands), Parcel Identifier 009-772-138,” subject to registration of a conservation covenant and completion of a baseline inventory report consistent with the standards developed for NAPTEP. 7.5 RFD – Draft 2015-2016 Annual Report

8. COLLABORATION & ENGAGEMENT 8.1 Invited Speakers 8.1.1 Marine Shipping 8.2 Community Presentations 8.3 Delegations & Town Hall 8.3.1

9. NEW BUSINESS 9.1

10. STRATEGIC PLAN (Amendments) 10.1

11. CLOSED MEETING (Separate Agenda) That the Islands Trust Council meeting be closed to the public subject to Section 90(1) of the Community Charter in order to consider matters related to: (c) labour relations or other employee relations; (g) litigation affecting the Islands Trust; and (i) receipt of advice that is subject to solicitor-client privilege;

And that CAO Russ Hotsenpiller be invited to attend the meeting.

12. SUMMARY/UPDATES 12.1 Trustee Updates 12.1.1 12.1.2

12.2 Priorities Chart – General Consent 12.3 Proposed September 2016 Trust Council Agenda Program – Information 12.4 Disposition of Delegations and Town Hall Requests – General Consent

120

June 2016 Islands Trust Council Regular Agenda

12.5

13. CORRESPONDENCE 13.1

14. NEXT MEETING: September 13 – 15, 2016 on Mayne Island

15. ADJOURNMENT

121 REQUEST FOR DECISION

To: EXECUTIVE COMMITTEE For the Meeting of:: May 18, 2016

From: CAO Date: May 11, 2016

SUBJECT: SESSION ALTERNATIVES FOR JUNE 2016 TRUST COUNCIL

RECOMMENDATION: THAT Executive Committee schedule a ‘Visioning’ session for the June 2016 Trust Council meeting and request the CAO to contract a session facilitator.

CHIEF ADMINISTRATIVE OFFICER OR DIRECTOR COMMENTS: During one on one sessions with Trustees over the last four months, a consistent point of discussion has been a desire to have a Trust Council session on visioning for the organization. There are a number of factors that suggest this may be timely. Trust Council, through Trust Programs Committee, has embarked upon a structured review of Islands Trust vision and mandate by considering amending the Policy Statement with significant consultation with agencies and the island public. This process would be strengthened by Trust Council undertaking its own visioning exercise and refining its understanding of the linkages, differences and similarities between these two processes.

Trust Council has also raised a number of specific issues that relate to how the organization sees the future including a focus upon marine matters, establishment of an integrated planning capacity, advocacy at the local level, the role of Committees, public engagement, sustainability and the relationship with First Nations. A visioning session would provide an opportunity to explore these issues in concert and to assess their relative importance. Further, the potential incorporation of Salt Spring Island provides an opportunity for the Islands Trust to re-articulate a vision for the organization. A visioning session is discretionary at this time but is supported by Trust Council’s direction to amend the Policy Statement and several other objectives in the Strategic Plan, including improvement to organizational effectiveness and the improvement of community and agency understanding and support of the Islands Trust. Salt Spring Local Trust Committee has also raised the possibility of seeking legislative change to provide more tools to carry out the mandate. (see Agenda item 8.2.1) Finally, Trust Council is halfway through its term; a good point at which to consider progress on strategic and operational goals and to adjust course if necessary.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: Executive Staff will research and contract with an appropriate facilitator and will organize the session as part of the as a session of Trust Council. FINANCIAL: A contracted visioning session will cost between $4-5,000. POLICY: A visioning session could contribute to the development or amendment of operational or legislative policy including the Policy Statement. IMPLEMENTATION/COMMUNICATIONS: Staff will conduct a review of potential and available facilitators who have experience working with councils / boards / large groups and have expertise in visioning

Islands Trust Executive Committee Request For Decision – March 14, 2013 Page 1 122 exercises. It is not necessary to have particular experience with local governments but some expertise in community based decision making would be of benefit.

BACKGROUND

The draft June Trust Council meeting schedule had included a session with the San Juan County Council. This has been a traditional meeting of the two governments to exchange information and discuss issues of mutual benefit. Due to scheduling difficulties, only one of the three Councilors is available to attend. On a related note, staff contacted the office of the the US Consul General who had previously expressed interest in attending Trust Council. However there is considerable protocol in hosting the Consul General including the invitation of our Canadian counterpart in Seattle, and given the underrepresentation of San Juan officials, staff advises postponing this meeting. Accordingly staff recommends that the San Juan Council session be combined with a visit from the Consul General in the future, likely September 2016. This leaves an opening in the June Trust council schedule that could be filled by a new session or the extension of decision and information items. Committee has options is considering alterative sessions, including: 1. A visioning session for Trust Council; 2. A session reviewing options for funding for the Trust Fund Board; 3. A session devoted to the Salt Spring incorporation and Islands Trust Adaptation process; 4. Some other direction by Executive Committee. Of the available options staff recommends that the Executive Committee proceed with a visioning session for Trust Council. A discussion regarding Trust Fund Board funding options may well be covered by an extended presentation by the Trust Fund Board Chair as part of the regular business meeting and an update to the Islands Trust Transition Plan can be provided during the CAO/Executive report to Trust Council. There are a number of factors that suggest a visioning session for Trust Council may be timely. Chief among these has been a consistent request across Trust Council to have such a session: to have time and space to discuss how the Islands Trust is achieving its mandate and its obligations to community and to investigate whether a rearticulated vision is needed. Trust Council, through Trust Programs Committee, has embarked upon a more structured review of Islands Trust vision and mandate by considering amending the Policy Statement after significant consultation with agencies and the island public. This process would be strengthened by Trust Council undertaking its own visioning exercise, some of the significant outcomes being an understanding of the linkages, differences and similarities between these two processes and for all involved to be aware of the implications in amending the Policy Statement. Trust Council has also raised a number of specific issues that relate to how the organization sees the future including a focus upon marine matters, establishment of an integrated planning capacity, advocacy at the local level, the role of Committees at the Islands Trust, public engagement, sustainability and the relationship with First Nations. A visioning session would provide an opportunity for these issues to be explored in concert and their relative importance be addressed. A further consideration is that the timing for the 2014-2018 Trust Council is right. A variety of issues face the Islands Trust, including the potential incorporation of Salt Spring Island. A moment of reflection on behalf of Trust Council prior to the vote could be beneficial. Finally, Trust Council is halfway through its term; a good point at which to consider progress on strategic and operational goals and to adjust course if necessary.

Islands Trust Executive Committee Request For Decision – March 14, 2013 Page 2 123 Suggested format:  90 minute session Wednesday June 14, 3-4:30  That a second follow-up session be scheduled for September to allow for reflection and the development of any potential recommendations to Council  That a facilitator be engaged to coordinate conversation; balance points of view and keep the discussion topical.  A full session outline would be provided at the June 1 EC meeting

Assumptions:  The initial session is not about creating a vision ‘statement’ rather its focus would be a discussion on a vision for the future and how the organization is meeting that vision;  The session would be a structured discussion on the vision for the Islands Trust with facilitation to ensure the dialogue is at a high or conceptual level;  This work may lead to the development of a specific articulation of the vision of the organization in the future if Trust Council indicates there is merit in doing so.  Trustees will receive an outline with key considerations and ‘rules of engagement’ approved by Executive Committee prior to the session.

REPORT/DOCUMENT: N/A

KEY ISSUE(S)/CONCEPT(S): Executive Committee authority over Trust Council’s meeting agenda.

RELEVANT POLICY: Meeting procedures bylaw? Policy: Governance Principles S. 2.1.iii. Guidelines, Section C.; Island Trust Policy Statement

DESIRED OUTCOME: A high level, conceptual discussion at Trust Council regarding a vision for the Islands Trust including the purpose of the organization, where we are as an organization, where we wish to go in the future.

RESPONSE OPTIONS

Recommended: THAT Executive Committee schedule a ‘Visioning’ session for the June 2016 Trust Council meeting and request the CAO to contract a session facilitator. Alternative: For Executive Committee to direct the development of an alternative session for Trust Council or to amend the agenda to allow for more time on Regular Business items.

CAO Russ Hotsenpiller Prepared By:

Reviewed By/Date:

______Russ Hotsenpiller, Chief Administrative Officer

Islands Trust Executive Committee Request For Decision – March 14, 2013 Page 3 124

REQUEST FOR DECISION

To: Islands Trust Council For the Meeting of:: June 14-16, 2016

From: Carmen Thiel, Legislative Services Date: May 11, 2016 Manager

SUBJECT: AMENDMENT TO TRUST COUNCIL PROCEDURES BYLAW TO ALLOW FOR ELECTRONIC PARTICIPATION IN TRUST COUNCIL MEETINGS

RECOMMENDATION:

That the Islands Trust Council direct staff to prepare a draft bylaw to amend Bylaw No. 101, "Islands Trust Council Meeting Procedures Bylaw, 2004" in order to incorporate requested amendments regarding electronic participation as presented with the following recommendations: 1. 4.4(c) – no more than four Council members, excluding the person presiding, may participate electronically at a regular meeting; 2. 4.4.(d)(ii) – a Council member may not participate electronically in more than one regular Council meeting in any one calendar year; 3. 4.5 - a land line connection not be required for closed Council meetings; and 4. 4.6(c) - 30 minutes be the time established after which a meeting will be adjourned if communication is lost to one or more electronic participants and there is not a quorum.

CHIEF ADMINISTRATIVE OFFICER COMMENTS: Following the presentation by staff at March 2016 Trust Council regarding electronic meetings, the following report is offered that outlines a number of amendments that would be required to the procedures bylaw and requests direction to develop a bylaw that would allow for a limited ability for Trustees to attend Trust Council electronically. As there was no budget allocated to this project in the 2016/17 Financial Plan, a business case will be developed for next year’s budget, that would identify the costs of providing a technically viable meeting experience for electronic attendees.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: The bylaw amendment would provide the ability for Trustees to participate in Trust Council meetings electronically and to meet an objective in the 2014-2018 Strategic Plan.

FINANCIAL: Additional costs would be incurred if Trust Council decided to upgrade electronic equipment and video conferencing service. A full financial analysis has not yet been undertaken nor has budget been allocated from 2016-2017 for this project. A business case would be developed to present to the Financial Planning Committee during the 2017-2018 budget deliberations.

Islands Trust Request For Decision Page 1 125

POLICY:  Islands Trust Electronic Meetings Regulation  Amendment to Islands Trust Council Meeting Procedures Bylaw, 2004  2014-2018 Strategic Plan

IMPLEMENTATION/COMMUNICATIONS: None.

OTHER: None

BACKGROUND

A presentation on electronic participation at Trust Council meetings was made at the March 2016 Trust Council meeting to review considerations for amending Trust Council’s procedure bylaw.

This report provides a draft option for consideration of inclusion in the Islands Trust Council Procedures Bylaw to allow for electronic participation by members at an Islands Trust Council meeting. The proposed draft wording in Appendix 1 (attached) regarding electronic meetings comes from review of the Islands Trust Council Procedures Bylaw (Sections 11.11 through 11.14 - electronic participation for committee meetings) and a Model Bylaw from the Ministry of Community, Sport and Cultural Development, and is in accordance with the Islands Trust Electronic Meetings Regulation and related legislation.

The Islands Trust Electronic Meetings Regulation (attached) stipulates that: a. a procedure bylaw must authorize electronic meetings; b. the facilities must enable the meeting’s participants to hear, or watch and hear each other; c. the facilities must enable the public to hear, or watch and hear the meeting at a specified place with an Islands Trust officer or employee in attendance at the specified place; d. a member of Trust Council who is participating in a meeting conducted in accordance with the regulation and procedures bylaw is deemed to be present at the meeting; and e. for a special meeting, the notice must include notice of the way in which the meeting is to be conducted and the place where the public can attend to hear the proceedings.

An additional condition is that the Secretary must receive sufficient notice and be able to make the necessary arrangements in order for a Trustee(s) to participate electronically in a meeting.

REPORT/DOCUMENT: Appendix 1: provides a draft option for amendments to the Trust Council Procedures Bylaw to address electronic meetings Appendix 2: copy of the Islands Trust Electronic Meetings Regulation Appendix 3: excerpts from the Local Government Act and the Community Charter which apply to Trust Council regarding topics referenced in the option (Appendix 1), e.g. notice of special meetings and electronic meetings. Appendix 4: is a sample Special Electronic Meeting Notice which must be given when a "special" Trust Council meeting is being conducted entirely by electronic means.

KEY ISSUE(S)/CONCEPT(S): To address an objective and activity in the Strategic Plan by providing for Trustees to attend Trust Council meetings electronically.

RELEVANT POLICY:  Islands Trust Electronic Meetings Regulation  Strategic Plan objective 7. Improve organizational cost effectiveness and resilience;  Islands Trust Council Meeting Procedures Bylaw, 2004

Islands Trust Request For Decision Page 2 126

DESIRED OUTCOME: To improve organizational cost effectiveness and resilience.

RESPONSE OPTIONS

Recommended: That the Islands Trust Council direct staff to prepare a draft bylaw to amend Bylaw No. 101, "Islands Trust Council Meeting Procedures Bylaw, 2004" in order to incorporate requested amendments regarding electronic participation as presented, with the following recommendations: 1. 4.4(c) – no more than four Council members, excluding the person presiding, may participate electronically at a regular meeting; 2. 4.4.(d)(ii) – a Council member may not participate electronically in more than one regular Council meeting in any one calendar year; 3. 4.5 - a land line connection not be required for closed Council meetings; and 4. 4.6(c) - 30 minutes be the time established after which a meeting will be adjourned if communication is lost to one or more electronic participants and there is not a quorum.

Alternative: 1. That Islands Trust Council not proceed with an amendment to "Islands Trust Council Meeting Procedures Bylaw, 2004" to provide for electronic participation by Trustees at Trust Council meetings. 2. That Islands Trust Council postpone consideration of an amendment to "Islands Trust Council Meeting Procedures Bylaw, 2004" to provide for electronic participation by Trustees at Trust Council meetings.

Prepared By: Carmen Thiel, Legislative Services Manager

Reviewed By/Date: Russ Hotsenpiller, Chief Administrative Officer – March 12, 2016 Executive Committee – March 18, 2016

Islands Trust Request For Decision Page 3 127

APPENDIX 1 – OPTION

D R A F T

Electronic Meetings

4.4 (a) A special meeting of Council to deal with urgent new business may be conducted entirely by means of audio or audio and visual electronic communication facilities if a majority of the members of the Council have agreed by resolution that the meeting may be conducted in this way and provided the Secretary has received sufficient notice and can make the necessary arrangements.

(b) An individual Council member who is not at the physical location of a special Council meeting or a regular Council meeting may choose to participate by means of audio or audio and visual electronic communication facilities, provided the Secretary has received sufficient notice and can make the necessary arrangements.

(c) At a regular Council meeting, no more than four Council members, excluding the person Comment [CT1]: Another figure could be presiding, may participate by means of electronic communication facilities and in the event substituted. that more than four members wish to do so, the first four members to notify the Secretary will be those eligible to participate through electronic communication facilities. Comment [CT2]: With this wording the person presiding (the Chair) would have to be physically present at the site of the regular OR meeting. Reasons for this might include meeting logistics and because there may be At a regular Council meeting, no more than four Council members may participate by public assembled. If this is not the intent of means of electronic communication facilities and in the event that more than four members Council and it wishes to allow for the Chair to participate in a regular meeting, electronically, wish to do so, the first four members to notify the Secretary will be those eligible to then section 4.4(c) could be reworded as per participate through electronic communication facilities. the alternate wording below. Comment [CT3]: This alternate wording is (d) An individual member of Council may not participate by means of electronic communication less restrictive and would allow the Chair or another member to participate electronically facilities in: but would mean that the other 22 members i. two consecutive regular meetings of the Council, or would be required to be physically present at a ii. more than half the regular meetings of the Council in any one calendar year. regular meeting. Comment [CT4]: Alternative: “more than one (e) The Council may waive the restrictions in section 4.4(c) and (d) by unanimous resolution, regular meeting of the Council in any one calendar year (recommended).” provided the waiver does not conflict with provincial legislation and regulation that enables electronic meetings.

(f) Council members who use electronic communication facilities to participate in a meeting conducted in accordance with this bylaw are deemed present at the meeting.

(g) A member of the Council may begin participation in a meeting by electronic communication facilities after the meeting has been called to order.

(h) Where a member of the Council is participating in a meeting through electronic communication facilities, the facilities must enable all meeting participants to hear, or watch and hear, each other and must provide notice when participants join or leave the meeting.

(i) Where a member of the Council is participating in a meeting through electronic communication facilities, the facilities must enable the public to hear, or watch and hear, all

128

meeting participants at a place specified in the meeting notice, unless the meeting has been properly closed to the public.

(j) For the duration of an electronic meeting that is open to the public, a designated staff member must attend at the place specified in the meeting notice for the public to hear, or watch and hear, the participants.

4.5 Cell phone or satellite connections may be used for open Council meetings. Comment [CT5]: It would be preferable to indicate that a land line connection must be used for closed Council meetings, however this 4.6 If communication is lost to one or more electronic participants during a meeting: does not appear to be possible in some cases.

(a) the participant affected will attempt to reestablish the link and, in the interim, will be deemed to have left the meeting and this will be recorded in the minutes;

(b) if there is not a quorum, the Council Chair or person presiding will call a recess until the link is reestablished; and

(c) if, after 30 minutes, a link cannot be reestablished and there is not a quorum of Comment [CT6]: A greater or lesser period of Council members, the meeting will be deemed adjourned and the item under time could be stated. discussion at the time of loss of communication will be added to the next agenda.

4.7 The costs of electronic participation in a Council meeting will be borne by the Council if the Council member is participating from a location within Canada or has received the approval of the majority of Council members.

129

APPENDIX 2

B.C. Reg. 283/2009 Deposited November 27, 2009

O.C. 620/2009

Islands Trust Act ISLANDS TRUST ELECTRONIC MEETINGS REGULATION

Definitions

1 In this regulation:

"special meeting" means a meeting other than a regular meeting or an adjourned meeting;

"trust body" means the trust council, the executive committee, a Council and the trust fund board.

Electronic meetings authorized

2 (1) If the requirements in subsection (2) are met,

(a) a special meeting of a trust body may be conducted by means of electronic or other communication facilities, or

(b) a member of a trust body who is unable to attend at a meeting of the trust body may participate in the meeting by means of electronic or other communication facilities.

(2) The following apply in relation to a meeting of a trust body referred to in subsection (1):

(a) a procedure bylaw under section 794 (1) (a) and (b) [procedure bylaws] of the Local Government Act, as that section applies to the trust body, must authorize the matters set out in subsection (1) (a) or (b) of this section;

(b) the meeting must be conducted in accordance with the applicable procedure bylaw;

1 130

(d) for a special meeting referred to in subsection (1) (a), (i) the notice under section 127 (2) [notice of council meetings] of the Community Charter, as that section applies to the trust body, must include notice of the way in which the meeting is to be conducted and the place where the public may attend to hear, or watch and hear, the proceedings that are open to the public, and (ii) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting at the specified place, and an officer or employee designated by the trust body must be in attendance at the specified place;

(e) for a meeting referred to in subsection (1) (b), except for any part of the meeting closed to the public, the facilities must enable the public to hear, or watch and hear, the member participating by means of electronic or other communications facilities.

(3) Section 128 (3) [participants deemed present] of the Community Charter applies in relation to a trust body.

[Provisions of the Islands Trust Act, R.S.B.C. 1996, c. 239, relevant to the enactment of this regulation: sections 53 and 54]

2 131

APPENDIX 3

Excerpt from the Local Government Act, which applies to Councils (bolded sections apply to Councils):

Procedure, bylaws and enforcement

225 (1) A board must, by bylaw, do the following:

(a) establish the general procedures to be followed by the board and by board committees in conducting their business, including the manner by which resolutions may be passed and bylaws adopted; (b) provide for advance public notice respecting the date, time and place of board and board committee meetings and establish the procedures for giving that notice; (c) identify places that are to be public notice posting places for the purposes of the application of section 94 [requirements for public notice] of the Community Charter to the regional district. (2) A procedure bylaw must not be amended unless notice of the proposed amendment is mailed to each director, at the address given by the director to the corporate officer for that purpose, at least 5 days before the meeting at which the amendment is to be introduced.

Excerpts from the Community Charter, which apply to Councils (bolded sections apply to Councils):

Notice of council meetings

127 (1) A council must

(a) make available to the public a schedule of the date, time and place of regular council meetings, and (b) give notice of the availability of the schedule in accordance with section 94 [public notice] at least once a year. (2) Subject to subsection (4), notice of a special council meeting must be given at least 24 hours before the time of meeting by (a) posting a copy of the notice at the regular council meeting place, (b) posting a copy of the notice at the public notice posting places, and (c) leaving one copy for each council member at the place to which the member has directed notices be sent. (3) The notice under subsection (2) must include the date, time and place of the meeting, describe in general terms the purpose of meeting and be signed by the mayor or the corporate officer. (4) Notice of a special council meeting may be waived by unanimous vote of all council members.

Electronic meetings and participation by members

128 (1) If this is authorized by procedure bylaw and the requirements of subsection (2) are met,

1 132

(a) a special council meeting may be conducted by means of electronic or other communication facilities, or (b) a member of council or a council committee who is unable to attend at a council meeting or a council committee meeting, as applicable, may participate in the meeting by means of electronic or other communication facilities. (2) The following rules apply in relation to a meeting referred to in subsection (1): (a) the meeting must be conducted in accordance with the applicable procedure bylaw; (b) the facilities must enable the meeting's participants to hear, or watch and hear, each other; (c) for a special council meeting referred to in subsection (1) (a), (i) the notice under section 127 (2) [notice of special meetings] must include notice of the way in which the meeting is to be conducted and the place where the public may attend to hear the proceedings that are open to the public, and (ii) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the meeting at the specified place, and a designated municipal officer must be in attendance at the specified place; (d) for a meeting referred to in subsection (1) (b), except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the participation of the member. (3) Members of council or a council committee who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

2 133

APPENDIX 4 S A M P L E

Islands Trust Council

Financial Planning Committee Notice of Special Electronic Meeting (Preliminary Discussions - Budget 2015-2016)

Notice is hereby given that the Financial Planning Committee of the Islands Trust Council will hold a special electronic meeting to consider further recommendations regarding the Islands Trust Council's draft budget for the 2015-2016 fiscal year.

Members of the Financial Planning Committee will participate in the meeting by means of a teleconference call which will occur on (day, date, at time).

Members of the public who wish to listen to the electronic committee meeting may do so by attending the Islands Trust office at 1627 Fort Street, Victoria, BC at the time noted above.

For further information on the meeting, please contactat 250 405-5150.

Signed by the Chair or Secretary

134

REQUEST FOR DECISION

To: Executive Committee For the Meeting of:: May 18, 2016

From: Pamela Hafey Date Prepared: May 11, 2016

SUBJECT: 2015-2016 DRAFT ANNUAL REPORT EXECUTIVE COMMITTEE SECTIONS

RECOMMENDATION: That the Executive Committee approves (as amended) the attached text for inclusion in the 2015-2016 Draft Annual Report for approval by the Trust Council and submission to the Minister of Community, Sport and Cultural Development, approves the amendments to the Table of Contents, and authorizes the Select Committee Chairs to approve their sections.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: Preparation of the Islands Trust Annual Report is undertaken by Trust Area Services Communications staff, reporting to the Executive Committee and is consistent with the Trust Council’s Annual Report Policy 6.10.i.

Under Trust Council’s Policy, most local trust committees (except Gambier Island) and council committees (except two select committees of the Trust Council) have reviewed and approved their sections at regular meetings in April and May.

Once Executive Committee approves its section, the draft report will be presented for Trust Council approval during its June 14-16 business meeting.

FINANCIAL: None

POLICY: None, although EC could direct staff to amend the policy to provide clarity about inclusion of select committees.

IMPLEMENTATION/COMMUNICATIONS: The process for development of the Annual Report is outlined in the Trust Council’s policy (6.10.i). Most of the LTCs (except Gambier Island), have approved their sections. Once the Executive Committee approves its sections, staff will merge them with the draft Annual Report that the Trust Council will review in June. Upon approval by the Trust Council, staff design and send the Annual Report to the Minister of Community Sport and Cultural Development.

OTHER: n/a

BACKGROUND

 At its March 22, 2016 meeting, the Executive Committee approved the format and outline of the 2015-2016 Annual Report.  Executive Committee is responsible for sections 1, 2, first part of Section 3 and sections 6, 7 and 8, attached to this report for review and approval.

Islands Trust Request For Decision Page 1 135  This is Executive Committee’s first chance to review its section, but it could make further changes at its June 1 meeting if desired.  The Chair of the Trust Council may approve his introduction separately.  The Table of Contents approved at the March 22nd EC has been revised to include the two Select Committees of the Islands Trust Council – The CAO Hiring Committee and Select Committee-Review of Victoria Office Location.  If Executive Committee agrees to add the select committees to the table of contents, the content for those two reports needs approval. Staff suggests that it may be more efficient to ask the select committee Chairs to approve the content of their sections (instead of the entire committee by resolution) to allow inclusion in the final compilation Executive Committee will review on June 1.

REPORT/DOCUMENT: Executive Committee sections of the 2015-2016 draft Annual Report.

KEY ISSUE(S)/CONCEPT(S): Committee ownership of its sections of the Annual Report.

RELEVANT POLICY: This approach complies with Section 19 of the Islands Trust Act and Trust Council’s Annual Report Policy 6.10.i which requires the Executive Committee to approve the annual report budget, outline, format and template for committee reports (council committees and local trust committees). Staff initially overlooked including the two select committees operating this year in the table of contents, but have added it now for EC’s approval. Also, the policy requires each committee to approve its own sections (drafted by senior staff).

DESIRED OUTCOME: Trust Council is able to easily approve its annual report in June 2016 without further editing from staff or trustees at the Trust Council meeting.

RESPONSE OPTIONS

Recommended: That the Executive Committee approves (as amended) the attached text for inclusion in the 2015-2016 Draft Annual Report for approval by the Trust Council and submission to the Minister of Community, Sport and Cultural Development, approves the amendments to the Table of Contents, and authorizes the Select Committee Chairs to approve their sections.

Alternative: None

Prepared By: Pamela Hafey, Communications Specialist, May 12, 2016

Reviewed By/Date: Lisa Gordon, Director, Trust Area Services, May 12, 2016

Islands Trust Request For Decision Page 2 136 DRAFT 2015-2016 Annual Report – sections for EC approval (Please use track changes and return to Pamela Hafey)

Contents Message from the Islands Trust Council Chair ...... Error! Bookmark not defined. Message from the Islands Trust Fund Board Chair ...... Error! Bookmark not defined. Message from the Chief Administrative Officer ...... Error! Bookmark not defined. The Islands Trust Area ...... Error! Bookmark not defined. Organization & Responsibilities ...... Error! Bookmark not defined. 2015-2016 Accomplishments...... 3 1. Executive Summary of Strategic Plan and Policy Statement Accomplishments ...... 4 2. Islands Trust Council Highlights ...... 6 Role ...... 6 Members ...... Error! Bookmark not defined. 2015-2016 Advocacy ...... 6 Communications ...... 10 3. Islands Trust Council Committee Highlights ...... 10 Executive Committee ...... 10 Local Planning Committee ...... Error! Bookmark not defined. Trust Programs Committee ...... Error! Bookmark not defined. Financial Planning Committee ...... Error! Bookmark not defined. Select Committee - CAO Hiring Select Committee - Review of Victoria Office Location 4. Trust Fund Board ...... Error! Bookmark not defined. Ballenas-Winchelsea Islands (Executive) Local Trust Committee ...... Error! Bookmark not defined. Bowen Island Municipality ...... Error! Bookmark not defined. Denman Island Local Trust Committee ...... Error! Bookmark not defined. Gabriola Island Local Trust Committee ...... Error! Bookmark not defined. Galiano Island Local Trust Committee ...... Error! Bookmark not defined. Gambier Island Local Trust Committee ...... Error! Bookmark not defined. Hornby Island Local Trust Committee ...... Error! Bookmark not defined. Lasqueti Island Local Trust Committee ...... Error! Bookmark not defined. Mayne Island Local Trust Committee ...... Error! Bookmark not defined. North Pender Island Local Trust Committee ...... Error! Bookmark not defined. Salt Spring Island Local Trust Committee ...... Error! Bookmark not defined. Saturna Island Local Trust Committee ...... Error! Bookmark not defined. South Pender Island Local Trust Committee ...... Error! Bookmark not defined. Thetis Island Local Trust Committee ...... Error! Bookmark not defined. 6. Climate Change Action...... 12 7. Administrative Fairness ...... 12 8. Legal Action ...... 12 Appendix A Strategic Plan 2014-2018 Appendix B Islands Trust Financial Statements (TBD-July) Appendix C Islands Trust Fund Financial Statements (TBD-July)

Islands Trust Request For Decision Page 3 137 Chair Report - pending CAO Report - pending 2015-2016 Accomplishments

1. Executive Summary of Strategic Plan and Policy Statement Accomplishments

The Islands Trust Council uses the three main categories in the Islands Trust Policy Statement to organize its strategic plan, which in turn sets priorities and goals for each term. The Trust Council adopted its 2014-2018 Strategic Plan in September 2015 and updates it at every quarterly meeting to align its strategic priorities with its staff resources and budget.

Accomplishments from this year are highlighted below under the section headings of the Policy Statement. You can read the detailed Strategic Plan and status of all activities in Appendix A.

Goal A Ecosystem Preservation and Protection The Islands Trust will work to protect the natural environment of islands by: Encouraging and enabling islanders in voluntary stewardship actions that protect special areas, including the shoreline  Awarded Opportunity Fund grants of $3,250 to Galiano Conservancy Association and Mayne Island Conservancy.  Continued forage fish habitat mapping on Salt Spring, Valdes, Galiano and Lasqueti islands (Denman, Hornby, Thetis, North Pender, South Pender, Gambier, Keats and Bowen islands complete).

Expanding the Natural Area Protection Tax Exemption Program (NAPTEP) program to entire Islands Trust Area  Hosted an information session on Bowen Island on NAPTEP.

Protecting high biodiversity areas identified in Trust Fund Board’s Regional Conservation Plan  Registered two covenants on North Pender and one on Galiano totalling 16.62 hectares.  Supported campaign to acquire Fairyslipper Forest as Thetis Island’s first publically accessible nature reserve.  Completed species at risk surveys and appraisal to support acquisition of high biodiversity Thetis island property.

Working to protect fish habitat under BC’s Riparian Areas Regulation (RAR)  Denman Island Local Trust Committee gave third reading to Official Community Plan and Land Use Bylaw amendment bylaws to implement the RAR on Denman Island. Bylaws are awaiting ministerial approval.  Hornby Island Local Trust Committee gave third reading to Official Community Plan and Land Use Bylaw amendment bylaws to implement the RAR on Hornby Island. Bylaws are awaiting ministerial approval.  Lasqueti Island Local Trust Committee gave third reading to a Land Use Bylaw amendment bylaw to implement the RAR on Lasqueti Island. These bylaws are awaiting approval from the Islands Trust Council Executive Committee and ministerial approval.  Gambier Island Local Trust Committee has initiated bylaw amendment process to implement RAR in the Gambier Island Local Trust Area, which includes Gambier, Keats, Anvil, Bowyer, and the Thormanby Islands.

Islands Trust Request For Decision Page 4 138 Protecting special ecosystems, managing shoreline areas and reducing greenhouse gas emissions when land use decisions are made  Adopted a new Official Community Plan (OCP) for the Ballenas-Winchelsea Islands; the new OCP designated a Development Permit Area and established development guidelines recognizing the high ecological value of shorelines within the Ballenas-Winchelsea Islands.

Advocating about oil spill preparedness, derelict vessels and industrial developments.  Continued advocacy leadership on marine shipping safety and oil spill preparedness and response through writing letters to ministers, attending trans-boundary workshops and an oil spill exercise, participated in provincial and federal consultations and participating in a B.C. Environmental Assessment Office working group.  Continued advocacy to senior governments about the need for lasting solutions for derelict vessels. Staff continued to participate in the Joint Working Group for the Removal of Derelict vessels and the Chair sent letters to ministers and local government partners.  Implemented a policy to clarify jurisdictional issues related to the Islands Trust Area boundary.  Initiated new advocacy concerning the proposed Pacific Region Integrated Geoduck Management Framework that included maps summarizing the water zoning in the Islands Trust Area.  Continued advocacy concerning the regulation of pleasure craft sewage dumping in the marine waters of the Islands Trust Area, with detailed suggestions for federal regulatory improvements.  Participated in Regional Advocacy Council on Oil Spill Response meeting.  Attended Port of Nanaimo session on Marine Domain Awareness System.

Goal B Stewardship of Island Resources The Islands Trust will focus on good management of island water resources by: Using land use planning tools and decisions to protect the quality and quantity of water resources.  Completed Gambier foreshore protection and stewardship maps.  Began implementing the St. Mary Lake Integrated Watershed Management Plan created by the Salt Spring Island Watershed Protection Authority.  Salt Spring Island Local Trust Committee began drafting a Water Conservation and Water Demand Management Plan. Goal C Sustain Island Character and Healthy Communities The Islands Trust will work to enhance the economic sustainability and security of island communities by: Continuing to advocate for sustainable, affordable and appropriate ferry services  Implemented a campaign to request the B.C. Ministry of Transportation and Infrastructure invest an additional $11 to $14 million annually, for four years, to reduce the fares on all BC Ferries' minor routes along the B.C. coast by 25 per cent.

Using land use planning tools and decisions to positively affect housing, food security, farmland protection and socio-economic diversity.  Amendments to Land Use Bylaws to improve availability of affordable housing are in various stages. Four affordable housing applications in progress on Salt Spring Island and Galiano.  Gabriola Island Local Trust Committee is considering amendments to the Land Use Bylaw and Official Community Plan to better protect farmland and improve food security.  Galiano Island Local Trust Committee considered bylaws permitting secondary suites.  Denman Island Local Trust Committee adopted bylaws permitting secondary suites and accessory cottages.  Salt Spring Island Local Trust Committee gave first reading to three draft bylaws to encourage socio-economic diversity and enhance economic sustainability and security by meeting the needs for commercial industrial lands on the island for the next 25 years.

Islands Trust Request For Decision Page 5 139 Goal D In Co-operation with Others The Islands Trust will strengthen relations with First Nations by: Improving engagement with First Nations.  Staff built a First Nations database ready to populate with stories of interactions with each First Nation within the Trust Area to help with relationship building.  The Islands Trust Council approved a temporary intergovernmental policy advisor position to focus on protecting the marine environment and building relationships with First Nations.  Salt Spring Island Local Trust Committee met with Cowichan Tribes and Lyackson First Nation to discuss areas of mutual interest.  Trustees from Denman Island and Hornby Island met with councillors and staff of the K’omoks First Nation to learn about K’omoks First Nation history and discuss significant archaeological sites within K’omoks territory.  The Gambier Island Local Trust Committee hosted a Community-to-Community Forum with the Squamish First Nation on Gambier Island in March. Discussion topics included planning for unceded Crown lands, shorelines, water transportation facilities and archaeological sites. The forum provided an opportunity for mutual learning and further co-operation during the Gambier Island Official Community Plan process.

2. Islands Trust Council Highlights Role The 26-member Islands Trust Council establishes general policies for carrying out the object of the Islands Trust. The Islands Trust Council also adopts an operational budget for the Islands Trust and manages the financial undertakings of all parts of the Islands Trust except for the Trust Fund, which manages its own operations. The Islands Trust Council appoints staff and auditors and adopts an annual budget. Tax levies on properties within the Trust Area are the primary funding source for the operations of the Islands Trust. Additional revenue comes from a provincial grant and development application fees.

The Islands Trust Act requires the Islands Trust Council to implement the Trust Policy Statement that is applicable to the whole Trust Area. The Policy Statement before is adopted once the Minister of Community, Sport and Cultural Development approves it. The Policy Statement provides broad policy guidelines for the Islands Trust Council, the Trust Fund Board and the local trust committees and island municipality regarding the protection of ecosystems, the stewardship of resources and the promotion of sustainable communities. The positions and philosophy of the Islands Trust Council contained in the Policy Statement also constitute a policy framework for reference by the public and other agencies such as the regional districts of the Islands Trust Area, the province and its agencies.

The Islands Trust Council has three standing committees of trustees — the Local Planning Committee, Trust Programs Committee and the Financial Planning Committee — which provide policy advice to the Trust Council on a range of issues. 2015-2016 Advocacy

The Islands Trust Council’s advocacy program is guided by the Islands Trust Policy Statement. According to the Policy Statement, in order to achieve its object, the Islands Trust must be an educator, coordinator, and initiator, guiding individuals, organizations and other agencies in support of the object. While the Islands Trust can provide the necessary leadership, responsibility for stewardship of the Trust Area rests with many. Individuals, other government agencies, organizations, and the Province itself all have important roles to play. Co-operative actions are required of other agencies, organizations and individuals to ensure that activities are carried out in a manner that is sensitive to the needs of Trust Area ecosystems and island communities.

Islands Trust Request For Decision Page 6 140 In response to concerns raised by communities through their elected trustees and supported by objectives in its 2014-2018 Strategic Plan, the Islands Trust Council continued to place a high priority on its advocacy program, most of which is overseen and implemented by the Islands Trust Council’s Executive Committee. This work is guided by the Advocacy Policy (Policy 6.10.iii).

In 2015-2016, the Islands Trust Council advanced its advocacy priorities by writing letters, making submissions to consultation processes, hosting meetings, passing resolutions and working with partners under the following topics:

Ecosystem Preservation and Protection

Coastal Douglas-fir protection

The Islands Trust successfully sponsored a resolution passed by the Union of British Columbia Municipalities’ convention requesting that the B.C. government provide core, multi-year funding to the Coastal Douglas-fir and Associated Ecosystems Conservation Partnership (CDFCP). The funding would assist members to implement a 30-year Conservation Strategy with the Province, First Nations, local governments, the federal government, stakeholders and public. In November 2015, the Islands Trust Chair sent a letter to the CDFCP Steering Committee indicating the Islands Trust Council’s willingness to work with the CDFCP to implement the strategy.

Marine shipping safety and oil spill preparedness and response

In April 2015, Chair Peter Luckham wrote to Kinder Morgan Canada declining a meeting and describing the Islands Trust Council’s opposition to oil pipeline projects that lead to the expansion of oil export by barge and tanker from Canada’s west coast, including the Salish Sea.

In August 2015, Chair Peter Luckham sent a letter of comment to the National Energy Board, opposing the Trans Mountain Pipeline Expansion Project.

In January 2016, the Islands Trust Chair wrote to the Minister of Environment and Climate Change to express concerns with evaluation of marine shipping during environmental assessments and made suggestions for improving public participation.

Anchorage concerns

In July 2015, the Islands Trust Executive Committee accepted an invitation from the Pacific Pilotage Authority to assist with, and participate in, consultation with affected residents of Gabriola Island and Plumper Sound regarding proposed and existing anchorages.

In November 2015, the Islands Trust hosted a stakeholder meeting about the Plumper Sound, Cowichan Bay and proposed Gabriola anchorages to promote dialogue and increase understanding of the issues.

On December 18, 2015, Chair Luckham wrote to the federal Minister of Transport to request an investigation into measures Transport Canada and industry can take to minimize anchorage use in the Southern Gulf Islands and decrease the risks from any vessels that continue to use these anchorages.

On March 30, 2016, Chair Luckham wrote to Pacific Pilotage Authority regarding the timing of the planned public meeting about the proposed Gabriola Island anchorages.

Sustainable Communities

BC Ferries fares and service

Islands Trust Request For Decision Page 7 141 In June 2015, the Islands Trust Council asked the Province of B.C. to invest in coastal communities by lowering fares on minor routes by 25 per cent to attract more ferry riders and bolster coastal economies, resulting in increased provincial tax revenues. The request was supported by financial analysis from Perrin Thorau & Associates, a public policy consulting firm with expertise in BC Ferries’ markets, who calculated the cost of lowering fares on all minor ferry routes in the province. In support of this request, the Chair also wrote to Gordon Macatee, BC Ferry Commissioner, and the Minister of Jobs, Tourism and Skills Training and the Minister of State for Tourism and Small Business.

Also in June 2015, the Islands Trust Council met with Michael Corrigan, President and CEO of BC Ferries to discuss the results of the 2014 service reductions, future fare increases and planned BC Ferries initiatives affecting island communities.

In September 2015, Chair Luckham met with the Minister of Transportation and Infrastructure accompanied by Vice-Chairs Laura Busheikin and Susan Morrison to speak about the Islands Trust Council’s request for ferry fare reduction. Chair Luckham emphasized the role that ferry services play in the health and welfare of island communities, both in terms of economics and community health and welfare. Following this meeting, Chair Luckham wrote to the Minister to convey suggestions for scheduling changes that would mitigate the impacts of the ferry service cuts that occurred in 2015.

In October 2015, Islands Trust Council Chair Peter Luckham wrote to the Select Standing Committee on Finance and Government Services to request that the Province of B.C. include additional funding for BC Ferries in Budget 2016.

Stewardship of Resources

Groundwater protection

In September 2015, the Islands Trust Council Chair wrote to the B.C. Minister of the Environment to comment on proposed provincial groundwater protection and licensing policies.

Environmental assessment processes

In May 2015, the Islands Trust Council Chair wrote to the B.C. Environmental Assessment Office to provide input on ways to improve public participation in environmental assessments. Trust Council Presentations The Trust Council heard a number of presentations during its quarterly meetings:

 n̓aasʔałuk - John Rampanen from the Nuu-chah-nulth Nation facilitated a workshop - Working Across Cultures: Building Cultural Bridges and Exploring Indigenous Governance Systems - to move beyond reconciliation and build mutually respectful relationships.  Senior staff from the Islands Trust, the Ministry of Community, Sport and Cultural Development and trustees reviewed and discussed the principles and objectives to guide the development of an Adaptation Strategy for the potential incorporation of Salt Spring Island. The Trust Council subsequently approved the Principles and Objectives.  Michael Corrigan, President and Chief Executive Officer of BC Ferries provided an update and an opportunity for trustees to ask questions related to BC Ferries’ services in the Islands Trust Area.  Members of the San Juan County Council and the Trust Council discussed issues of mutual interest, shared information and learned from each other’s experiences in island governance.  Senior staff provided sessions to trustees on the following topics: the Islands Trust Policy Statement and how it is used to guide decisions of Islands Trust bodies; Trust Fund programs and services and opportunities for collaboration between the Islands Trust Fund and other units of the Trust; strategic planning; Victoria office location and Structured Decision-Making.

Islands Trust Request For Decision Page 8 142 Delegations and Presentations to the Islands Trust Council in 2015-2016 At each quarterly meeting of the Islands Trust Council, members of the public are encouraged to make presentations and participate in a town hall session, a regular forum to promote dialogue between islanders and trustees.

At the June 2014 Islands Trust Council meeting on Galiano Island, Council heard from:  Stephen Foster, the Howe Sound Campaign Lead with the David Suzuki Foundation on initiatives underway in the Howe Sound.  Mayne Island Conservancy about lack of community preparedness, training and equipment in case of an oil spill.  Gary Coward on important lessons from the Truth and Reconciliation Commission and the Royal Commission on Aboriginal Peoples.  Ken Millard on the Blue Dot Initiative, the Public Trust Doctrine and the origins of the Object of the Islands Trust.  Elizabeth Latta on the Islands Trust mandate to preserve and protect the natural environment in the face of rising pressures from economic development.  Graham Brazier and David Steen from the Gulf Island Alliance about marine issues and the Islands Trust Strategic Plan’s goals to protect the marine environment from a range of threats.  Akasha Forest about ecological governance, First Nations relations, community education and solar farms as considerations in changing climate in the Gulf Islands.

At the September 2015 meeting on Bowen Island, Council heard from:  Adam Taylor about the ecological importance of glass sponge reefs and the ongoing discovery of new reefs in the Howe Sound.  The AnchoRAGE group (now called Gabriolans Against Freighters Anchorages Society) about the anchorage proposal off Gabriola Island and the impacts on the island and ocean ecology.  Stephanie Buffam from FRIENDS of the San Juans about how the Islands Trust could help the Salish Sea become the 15th Particularly Sensitive Sea Area in the world.

At is December 2015 meeting in Victoria, the Trust Council heard from:  Jan Slakov about climate change and the work of the Citizens’ Climate Lobby group.  Gulf Islands Alliance about the need for Trust Council’s 2014-2018 Strategic Plan to reflect the widespread public concern for marine issues expressed during the public consultation process.  Protect Grace Islet Group about the need to improve protection of areas of archaeological value, particularly First Nations burial sites, within the Islands Trust Area.

In March 2016, the Trust Council met on Hornby Island and heard from:  The Hornby Island Community Economic Enhancement Corporation about their challenges and successes in facilitating sustainable economic solutions on the island.  Hornby Island Residents and Ratepayers’ Association about their organization’s efforts in promoting sustainable island communities.  Denman Island Forage Fish Group about garbage and contaminants, especially plastic, along the coast and its impact on herring nurseries and spawning area.  The Association for Denman Island Marine Stewards about marine issues and marine protected areas.  Gulf Islands Alliance about the Public Trust Doctrine “that says governments are obliged to maintain common natural elements that sustain healthy life for now and forever.”  Peter Lamb and Jean Gelwicks about the Blue Dot campaign enshrining the right to a healthy environment in the Canadian Charter of Rights and Freedoms.

Members of the public may address the Islands Trust Council at any of its quarterly scheduled meetings held in March, June, September and December. This can be done formally by making a delegation or presenting a petition, or informally at the town hall session. All correspondence, formal delegation presentations and petitions are available to the public.

Islands Trust Request For Decision Page 9 143 Communications News Releases

The Islands Trust issued 20 news releases in 2015-2016 on appointing the new Chief Administrative Officer, public input in the 2014-2018 Strategic Plan, bylaw enforcement, public input on the annual budget, quarterly Islands Trust Council meetings and agendas, land conservation successes, Community Stewardship Awards, court decisions and advocacy on topics such as BC Ferries. Islands Trust news releases go to all media, elected officials and agencies with an interest in the Islands Trust Area, as well as subscribers to the Islands Trust electronic distribution service. (See instructions on how to sign up below.) Electronic Communications Anyone may subscribe to e-mail notifications of information including news releases, chair correspondence and public meeting schedules. To subscribe to one or more topics click “subscriber options” on the homepage: www.islandstrust.bc.ca. The Islands Trust also has a twitter feed under the user name Islands_Trust and a YouTube channel under the user name IslandsTrust. The Islands Trust Fund has a twitter feed IsldsTrustFund and a Facebook page called IslandsTrustFundBC.

The Islands Trust Fund newsletter The Heron was mailed to 880 subscribers and organizations in 2015- 2016. The newsletter is available on the Islands Trust Fund website at www.islandstrustfund.bc.ca. The Trust Fund’s electronic newsletter was also sent to 580 subscribers every two months.

Public Engagement by Numbers (2015-2016)

 20 news releases  3,015 subscribers to emails from the Islands Trust  2,102 subscribes to emails from the Islands Trust Fund  758 Twitter followers to the Islands Trust channel  633 tweets (these are numbers to date)

3. Islands Trust Council Committee Highlights Executive Committee Role

The Executive Committee (EC) comprises the Chair of the Islands Trust Council and three Vice-Chairs, elected for a four-year term by the Trust Council from among its members. In addition to the responsibilities of individual members who serve as the chair of local trust committees, the Committee oversees external communications for the Islands Trust, liaises with the provincial government, reviews and implements the Islands Trust Policy Statement and conducts other functions as directed by the Trust Council.

The Executive Committee carries out the daily business of the Islands Trust, reviews the bylaws of local trust committees to ensure compliance with the Islands Trust Object and the Trust Policy Statement and acts as a local trust committee for the Ballenas/Winchelsea Island group north of Nanaimo. Members

Serving during 2014-2018 term Peter Luckham, Thetis Island (Chair) Laura Busheikin, Denman Island (Vice-Chair) George Grams, Salt Spring Island (Vice-Chair) Susan Morrison, Lasqueti Island (Vice-Chair) Islands Trust Request For Decision Page 10 144 Union of British Columbia Municipalities Annual Convention September 21-25, 2015

At the annual Union of British Columbia Municipalities (UBCM) convention, Islands Trust representatives meet and share ideas with Members of the Legislative Assembly (MLAs) and local government representatives from across the province. Chair Peter Luckham and Vice-Chairs Susan Morrison and Laura Busheikin attended the 2015 convention on behalf of the Islands Trust Council. Chief Administrative Officer Linda Adams also attended the conference.

Islands Trust representatives participated in several clinics, workshops and provincial policy sessions, including:

 Moving Forward with First Nations  People, Money and Power – Involving the Community through Participatory Budgeting  Plenary session - Reconciliation: From Truth to Action by Columbia Institute  Small Talk Forum for discussion among elected representatives of small communities.  Plenary Session: Impacts of the Tsilhqot’in Decision on Local Governments  Address by the Honourable Peter Fassbender, Minister of Community, Sport and Cultural Development  Provincial Government Cabinet Panel on Strong Communities  Tools for Coasts that Work: Chair Luckham spoke about the Green Shores program as a tool for assisting and supporting landowners with shoreline development needs.

Vice-Chair Laura Busheikin participated in a meeting about BC Ferries with the Coastal Regional Directors Chairs’ group and the Minister of Transportation and Infrastructure Todd Stone. The group presented the idea of creating a working group to come to an agreement with the B.C. Government on how to work together on ferry issues. The Chairs’ group also presented a paper with arguments in favour of lowering ferry fares, restructuring the BC Ferries debt, abandoning the Coastal Ferry Act, instituting BC Ferries as a Crown Corporation and seeking government recognition of ferries as a transportation system for economic growth for the province.

Islands Trust trustees and the Chief Administrative Officer met over breakfast with Electoral Area Directors and MLAs serving the Islands Trust Area. Chair Peter Luckham highlighted upcoming UBCM resolutions that would benefit the Islands Trust Area and advance the Trust Council’s 2014-2018 Strategic Plan. The main topic of discussion was ferries and ways to engage the broader community of Vancouver and surrounding areas to recognize the values of the islands. Attendees were MLAs Nicholas Simons, Powell River/Sunshine Coast (Gambier), Don McRae, Comox Valley (Denman/Hornby) and Michelle Stilwell, Parksville /Qualicum (Lasqueti), Electoral Area Directors Merrick Anderson of Powell River Regional District (Lasqueti), Maria Harris of Metro Vancouver Regional District (Bowyer/Passage), Howard Houle of Nanaimo Regional District (Gabriola), Bruce Joliffe of Comox Valley Regional District (Denman/Hornby), Maureen Nicholson of Metro Vancouver Regional District (Bowen), Ian Winn – Sunshine Coast Regional District (Gambier) and Mel Dorey, Cowichan Valley Regional District (Thetis).

Bylaws Approved by Executive Committee Before a local trust committee can adopt a bylaw, the Executive Committee must approve it for compliance with the Islands Trust Policy Statement. Before Bowen Island Municipal Council adopts an Official Community Plan Bylaw, the Executive Committee must approve the bylaw and comment on land use bylaws for the Bowen Island Municipal Council. In 2015-2016, the Executive Committee approved 37 bylaws.

Islands Trust Request For Decision Page 11 145 6. Climate Change Action Climate change will have serious consequences on our island ecosystems, from oceans to shorelines to forests, and on the economies and communities that depend on them.

Islands Trust Council is a signatory to the B.C. Climate Action Charter, with a focus on operational carbon neutrality (now achieved for four years with the purchase of carbon offsets from the Community Carbon Marketplace) and reducing GHG emissions on the islands.

The Islands Trust is taking the following steps to reduce its operational carbon footprint: • Encouraging trustees and staff to share vehicles and use the Victoria and Nanaimo Car Share Programs • Using paperless meeting management software to reduce paper consumption • Conducting meetings over the web rather than travelling to meetings; and • Reviewing the location of the Victoria office to reduce travel and ecological footprint.

Detailed information is contained in our Climate Action Revenue Incentive Public Report for 2015 located on our website (link to be inserted once report posted in May).

The Trust Fund Board continues to protect mature and maturing forest through acquisition and covenant. The forests of the Islands Trust Area have been identified as having a high carbon storage capacity, with the potential to act as a major sink for carbon produced in the region.

During 2014-15 and 2015-16, the Islands Trust has been one of the partners in the Lasqueti Community Integrated Energy Project, under the leadership of Doug Hopwood. This local solar power conversion project needed a local government partner to receive and administer $343,000 from eight different sources of funding (from the BC Ministry of Energy and Mines and the Fraser Basin Council). This project involved the building and retro-fitting of renewable energy technology in existing and/or new buildings, including the False Bay School with two associated residences, the Judith Fischer Health Centre, a Last Resort Society Elder Cottage and the Lasqueti Internet Access Society. Previous energy sources were a diesel generator for electricity and propane for heat. Two photovoltaic (PV) systems with a total rating of over 55 kilowatts (kW) have now been installed with battery storage and grid-tie inverters alongside the diesel generator. Other partners involved in this project include Lasqueti Community Association, Last Resort Society, Solar BC, BC Sustainable Energy Association, Vancity Green Building Program, False Bay School students and PAC, School District 69, Natural Resources Canada, BC Ministry of Energy and Mines and the Fraser Basin Council.

Local Trust Committees continue to explore innovative ways of using new planning tools (Bill 27) to implement Official Community Plan policies that would reduce greenhouse gas emissions. In 2015/16 Fiscal year, the Salt Spring Island Local Trust Committee developed a draft amendment to the Piers Island OCP to include greenhouse gas emission targets, policies, and actions. This document is currently out for public review. The Executive Committee Acting as a Local Trust Committee (Ballenas-Winchelsea LTC) and the Lasqueti Island Local Trust Committee have amended their meeting procedure bylaws to allow electronic meetings, thereby reducing greenhouse gas emissions from travel. This adds to similar electronic meeting bylaws already in place for the all of Trust Council’s standing committees, Salt Spring Island LTC and Gambier Island LTC. 7. Administrative Fairness Islands Trust policy requires the reporting of the number of administrative fairness complaints received each year. There were three complaints in 2015-2016 regarding staff, local trustees and local trust committee procedures. These complaints were handled according to the Islands Trust Council’s policy. Complainants who are unsatisfied with the outcome of the Islands Trust’s complaint handling procedure are advised of the option of making a complaint to the B.C. Office of the Ombudsperson. In 2015-2016, the Office of the Ombudsperson did not receive any complaints about the Islands Trust. 8. Legal Action

Islands Trust Request For Decision Page 12 146 In accordance with Islands Trust policies, enforcement actions are primarily triggered when the Islands Trust receives complaints from community members that indicate that individuals or corporations are not complying with the land use regulations that their locally elected representatives have adopted. Efforts are then made to investigate complaints, educate violators and obtain voluntary compliance with a community’s bylaws. In most cases, violators have a variety of options, including ceasing or amending their operations, or applying for variances or required permits.

Islands Trust staff estimate that more than 90 per cent of its bylaw investigation files are resolved before legal action is required. Legal action is only taken after other avenues to achieve compliance have failed. Local trust committees may request legal action if other avenues for achieving bylaw compliance fail. The Executive Committee considers and is responsible for approving the funding of any legal action requested by a local trust committee.

In the reporting period, bylaw enforcement staff implemented a bylaw enforcement notification system on some islands, as an alternative approach to resolving some bylaw infractions out of courts. The first step is a ticket that informs the recipient of the alleged bylaw violation, the penalty amount and how to either pay the penalty or dispute the ticket. The recipient has 28 days to either pay the penalty, dispute the ticket or work with bylaw enforcement staff to comply. Subsequent tickets may be issued for the same violation until compliance is achieved. Bylaw Enforcement issued 23 tickets in the reporting period, of which 15 resulted in compliance or a commitment to compliance.

Islands Trust Request For Decision Page 13 147 Mandy Giesbrecht

From: Robert Kojima Sent: Monday, April 25, 2016 11:00 AM To: Mandy Giesbrecht Cc: David Marlor; Russ Hotsenpiller; Jas Chonk Subject: FW: resolution

Follow Up Flag: Follow up Flag Status: Flagged

Categories: NEXT EC

Mandy,

Stefan forwarded the SSILTC resolution in the email below to David and I this morning. It is a request from the LTC to EC to investigate the possibility of unspecified amendments to the Islands Trust Act. Have you received it already? If not, it should be added to an upcoming EC agenda, either as a late item for this week’s meeting or to the next agenda.

Robert Kojima Regional Planning Manager, Southern Team Islands Trust Phone: 250-405-5159 Enquiry BC Toll-free call 1-800-663-7867 or from the lower mainland 604-660-2421

From: Stefan Cermak Sent: Monday, April 25, 2016 10:49 AM To: Robert Kojima Cc: David Marlor Subject: RE: resolution

April 7, 2016

Stefan Cermak

Regional Planning Manager Islands Trust

Tel: (250) 538-5608 Toll-Free: 1-800-663-7867

"Preserving island communities, culture and environment"

From: Robert Kojima Sent: Monday, April 25, 2016 10:21 AM To: Stefan Cermak Cc: David Marlor Subject: RE: resolution

What was the date of the resolution?

1 148 Robert Kojima Regional Planning Manager, Southern Team Islands Trust Phone: 250-405-5159 Enquiry BC Toll-free call 1-800-663-7867 or from the lower mainland 604-660-2421

From: Stefan Cermak Sent: Monday, April 25, 2016 10:05 AM To: David Marlor; Robert Kojima Subject: resolution

Hello David/Robert,

I am just confirming that I have forwarded the following SSI LTC resolution:

SS-2016-72 It was MOVED and SECONDED, that the Salt Spring Island Local Trust Committee request the Executive Committee to investigate the possibility of amendments to the Islands Trust Act to broaden the Islands Trust’s ability to serve its communities and to strengthen its mandate to preserve and protect. CARRIED

Stefan Cermak

Regional Planning Manager Islands Trust Salt Spring Island

1-500 Lower Ganges Road Salt Spring Island, BC, V8K 2N8

Tel: (250) 538-5608 Toll-Free: 1-800-663-7867 www.islandstrust.bc.ca

"Preserving island communities, culture and environment"

2 149

REQUEST FOR DECISION

To: Executive Committee For the Meeting of:: May 18, 2016

From: C. Shelest, Director Administrative Services Date Prepared: May 10, 2016

SUBJECT: Trustee Meeting Agenda Package Delivery

RECOMMENDATION: That Executive Committee approve the recommended organizational change to how agenda packages are delivered to Trustees; “Option 3 – Website Download”.

CHIEF ADMINISTRATIVE OFFICER COMMENTS:

Administration staff has undergone a review of available options to provide an efficient and user friendly experience for Trustees with regard to agenda packages. Recent challenges with eSCRIBE have led to a variety of different methods to access agenda materials. It is important to identify the best overall process and migrate all users to the same platform. Staff are unanimous in recommending Option 3 – Website Download as the best option available. This will provide certainty for Trustees and staff and aid in meeting preparation and flow. Website access is also a standard used extensively in local government in BC.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL:

If approved, the next steps (as outlined on Page 11 of the attached Business Solution Option Document) staff will follow are:

 Analysis of agenda package delivery timeline between trustee and public, as well identify risks with sensitive documents  Prepare Business Process Workflow diagram identifying each stakeholders  Consult with stakeholders to validate process flow  Communicate change to all stakeholders

FINANCIAL:

Internal resources will be placed on this project. No additional financial implications.

POLICY:

As part of the process review, all policies related to agenda delivery will be reviewed and updated as needed. For example: Trust Council Policy 2.2.ii Council Meeting Preparation. Islands Trust Request For Decision Page 1 150

IMPLEMENTATION/COMMUNICATIONS:

The Computer Applications Support Technician will communicate changes to staff and Trustees.

OTHER: None

BACKGROUND

In September 2015, staff initiated a post-implementation review of the eSCRIBE Meeting Management Software project as all aspects of the project were complete. As part of this review, concerns raised by Trustees with respect to the functionality and reliability of eSCRIBE as a means of downloading meeting agenda packages were considered. Given the lack of confidence in eSCRIBE, it was also noted that Trustees had begun to access agenda packages through different methods which they found more effective (most commonly PDF by email and PDF downloaded from the website). Trustees were also using multiple PDF readers causing increased demands on IT support staff to understand and support multiple platforms.

In general, the situation had evolved to where staff and Trustees were unsure which the “official” method of delivering and managing agenda packages to use on the iPADs.

Jag Dhaul, Computer Applications Support Technician, completed a thorough review of 5 different options for delivery of agenda packages and has reviewed his recommendations with the eSCRIBE Review Team and the Chief Administrative Officer. All have supported the recommendation of Option 3 – Website Download. The recommendation is based on the evaluation of the options outlined ni the business solutions options document attached.

REPORT/DOCUMENT:

Trustee Meeting Agenda Package Delivery – Business Solution Options Document.

KEY ISSUE(S)/CONCEPT(S):

Distribution of agenda packages to Trustees.

RELEVANT POLICY:

2.2.ii Council Meeting Preparation 2.4.iv Executive Committee Meeting Preparation Others may be identified during the procedure documentation process.

DESIRED OUTCOME:

To have one official method of delivering and managing agenda packages which is broadly understood by staff and Trustees.

Islands Trust Request For Decision Page 2 151 RESPONSE OPTIONS

Recommended:

That Executive Committee approve the recommended organizational change to how agenda packages are delivered to Trustees; “Option 3 – Website Download”.

Alternative:

Request staff to consider another option identified in the Business Solution Options Document. Not support any of the recommended options and request staff perform additional analysis.

Prepared By: Cindy Shelest, Director Administrative Services

Reviewed By/Date:

______Russ Hotsenpiller, Chief Administrative Officer/ May 12, 2016

Islands Trust Request For Decision Page 3 152 Business Solution Options Document Trustee Meeting Agenda Package Delivery

Trustee Meeting Agenda Package Delivery

Business Solution Options Document

Author: Jag Dhaul Creation Date: April 25, 2016 Last Updated: May 4, 2016 Version: V 0.2

Approvals: Business Sponsor Signature Date

Cindy Shelest Director Administrative Services

UPDATED: 2016-05-12 Page 1 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 153 Business Solution Options Document Trustee Meeting Package Delivery

Table of Contents 1.0 Executive Summary ...... 3 1.1 Business Problem and Opportunity ...... 3 1.2 Options Considered ...... 3 1.3 Recommended Decision ...... 3 2.0 Introduction ...... Error! Bookmark not defined. 2.1 Background ...... 3 3.0 Current Situation ...... 4 3.1 Overview ...... 4 3.2 Current Business Issues ...... 4 3.2.1 Issues List ...... 4 3.2.2 eSCRIBE iPad Application Update Issue ...... 5 4.0 Discussion of Options ...... 6 4.1 Option SWOT Analysis ...... 7 4.2 Option Constraints Analysis ...... 8 5.0 Recommendation ...... 9 5.1 Rationale: ...... 9 5.2 Action Plan ...... 9

UPDATED: 2016-05-12 Page 2 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 154 Business Solution Options Document Trustee Meeting Package Delivery

1.0 Executive Summary

1.1 Business Problem and Opportunity Trustees currently access Islands Trust agenda packages via the iPad eSCRIBE Pro application (available on the Apple App store) which has some technical issues. As part of the eSCRIBE review the following alternatives were considered.

1.2 Options Considered The options considered are:  Option 1: FTP via Webpage – Enabling secure webpage access to agenda package files stored within the Islands Trust Local Area Network.  Option 2: eSCRIBE Web Participant Portal – Access the existing eSCRIBE meeting portal via the iPad web browser  Option 3: Website download – Redirect trustees to download the files from the Islands Trust website.  Option 4: Email – Formally direct staff and trustees to utilize email to deliver agenda packages.  Option 5: eSCRIBE App – continue using the eSCRIBE Pro iPad Application

1.3 Recommended Decision Option 3: Website download, is the recommended option to consider. with Option 1: FTP via Webpage as backup The recommendation is based on the evaluation of the options outlined in the business solution options documents. Next steps are to review this document and to sign-off on the recommended option.

1.4 Background In December 2014, the objective of delivering iPads to the newly elected trustees, in order for them to access agenda packages via eSCRIBE iPad application, was met. Soon after, trustees started reporting bugs within the eSCRIBE iPad application. The bugs were resolved by March 2015, after working closely with the solution provider. In December 2015, Apple released an iOS update which introduced new bugs into the eSCRIBE iPad application. eSCRIBE has released an update which resolves the new bugs but Islands Trust has advised trustees not to update eSCRIBE or iPads until further notice.

UPDATED: 2016-05-12 Page 3 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 155 Business Solution Options Document Trustee Meeting Package Delivery

2.0 Current Situation Trustees access agenda packages via several methods; eSCRIBE, email, PDF Readers, website download, printed. Staff perception of trustee use of the iPad eSCRIBE app is that they have little confidence/trust in the application. Staff and trustees are unsure which “official” method of delivering and managing agenda packages to use on the iPads. This has caused confusion with respect to page numbering.

2.1 Overview Agenda packages are assembled in eSCRIBE by Islands Trust staff. A unique meeting site is created for each meeting and staff co-ordinate to gather the information that make up the agenda package. Once finalized the agenda package is prepared in eSCRIBE and distributed to required parties (trustees/staff/public/minute takers). Typically trustees access the agenda packages 48hrs before they are made available to the public. Agenda packages are typically made available to the public 5 business days prior to the start of the meeting. Agendas are published on the Islands Trust website and email notifications are sent out via the subscription list. (See Appendix A and B attached – Current State and Proposed State respectively.)

2.2 Current Business Issues

2.2.1 Issues List

Issues Impact on the business area  Numerous delivery methods  Staff have to remember which method to use for different scenarios  Staff do not have access to iPad  Staff have no means to validate the quality of the agenda packages  Process is not clearly defined  Staff and Trustees are unsure of the “official” method  Trustee training on usage of  Trustees are geographically dispersed application is difficult to administer  iPad platform is not controlled by  Staff have had difficulty applying updates Islands Trust Staff and fixes to iPads  Apple controls the environment  Trustee Buy-in  Trustees have concerns with the reliability of eSCRIBE  eSCRIBE App page number is  Trustee, Staff, Public can all work off inconsistent with public package different page numbering agenda package causing confusion in meetings

UPDATED: 2016-05-12 Page 4 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 156 Business Solution Options Document Trustee Meeting Package Delivery

2.2.2 eSCRIBE iPad Application Update Issue eSCRIBE iPad application support has been responsive by the vendor, but the Apple iPad environment does not allow for timely updates. Typically, eSCRIBE iPad application updates are between 1 – 2 months at best. Below is a typical timeline schedule to resolve bugs:

Event No. Days Days to Resolution

Trustee identify issue 0 0

IS Staff track and document Bug 2 2

IS Staff forward to eSCRIBE Support 3 5

eSCRIBE iPad team find solution 5 10

eSCRIBE include in update schedule 14 24

Update submitted to Apple 14 38

IS Staff test 3 41

Trustee apply update 1 42 day to update

UPDATED: 2016-05-12 Page 5 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 157 Business Solution Options Document Trustee Meeting Package Delivery

3.0 Discussion of Options The following were considered and are discussed in more detail below. 1. Option 1: FTP via Webpage 2. Option 2: eSCRIBE Web Portal 3. Option 3: Website download 4. Option 4: Email 5. Option 5: eSCRIBE App

UPDATED: 2016-05-12 Page 6 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 158 Business Solution Options Document Trustee Meeting Agenda Package Delivery

3.1 Option SWOT Analysis

FTP via Webpage eSCRIBE Web Portal Website Download Email eSCRIBE iPad App Strengths  Ability to transfer  Already used by staff  Already used by staff  Accessible  Existing solution large files  Secured with active  Access past meeting  Little iPad  Support by vendor  Secured with active directory packages configuration  Secured by active directory  Access past meeting  Little iPad directory  Little iPad packages configuration  Annotations saved on configuration  Little iPad server configuration

Weaknesses  Login via internet  Login outside Local  Upload media earlier  Document  Many dependencies;  Multiple locations to Network to accommodate 48hr Management eSCRIBE, iPad, copy agenda packages  Navigation advance access for  Mailbox limit  Delayed updates from  Navigation  Dependent on trustees  Size limited to 20mb Vendor  Offline Access eSCRIBE  Navigation  Offline Access  Hyperlinks not  Offline Access  Offline Access functional Opportunities  Transfer other files  Reduce staff processes  Reduce staff processes  None  Already in use types  Trustee able to transfer large files to staff Threats  iPad iOS changes  eSCRIBE changes  Umbraco changes  iPad iOS changes  eSCRIBE changes  iPad iOS changes  iPad iOS changes  iPad iOS changes  Lock to iPad platform  Trustee adoption

UPDATED: 2016-05-12 Page 7 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 159 Business Solution Options Document Trustee Meeting Package Delivery

3.2 Option Constraints Analysis

FTP via Webpage eSCRIBE Portal Website Download Email eSCRIBE iPad App Time  2 weeks  2 weeks  2 week  1 week  Already implemented

Resources  IS Team and key  IS Team and key  IS Team and key  IS Team and key  IS Team and key stakeholders stakeholders stakeholders stakeholders stakeholders  Approximately 40 - 60  Approximately 40 - 60  Approximately 40 - 60  Approximately 20 total staff hours total staff hours total staff hours total staff hours Cost  $0 known cost  $0 known cost  $0 known cost  $0 known cost  $3500 Annually

Risk  Reliant on iOS  Reliant on iOS  Reliant on iOS  Reliant on iOS  Reliant on iOS  Dependent on Vendor  iPad use only Support  Dependent on Vendor Support  Delayed Updates Quality  Medium quality, end  Low quality, portal  Medium quality,  Low quality, email  High quality, App is product will be site is not designed for utilizing existing limitations due to size specialized to work on flexible and easily iPad use Islands Trust website of agenda packages the iPad managed by staff to deliver and organize agenda packages

UPDATED: 2016-05-12 Page 8 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 160 Business Solution Options Document Trustee Meeting Agenda Package Delivery

4.0 Recommendation Option 3 – Website Download

4.1 Rationale: Website download is the delivery method used for general public to access agenda packages. Trustees and public can work off the same agenda packages which will help eliminate confusion between staff, trustees, and public. Additionally, the number of processes and location of the documents will be reduced by choosing this option.

4.2 Action Plan  Obtain approval of the Business Options Document and the Recommendation  Analysis of agenda package delivery timeline between trustee and public, as well identify risks with sensitive documents  Prepare Business Process Workflow diagram identifying each stakeholders  Consult with stakeholders to validate process flow  Communicate change to all stakeholders

UPDATED: 2016-05-12 Page 9 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 161 Business Solution Options Document Trustee Meeting Package Delivery

APPENDIX A – CURRENT STATE

APPENDIX B – PROPOSED STATE

UPDATED: 2016-05-12 Page 10 of 10 Trustee Meeting Package Delivery V2.0 for EC May 18.docx 162

BRIEFING

To: Executive Committee For the Meeting of: May 18, 2016.

From: Carmen Thiel, Legislative File No.:2925-20-01 Services Manager

SUBJECT: LEGISLATIVE SERVICES MANAGER’S ROLE

DESCRIPTION OF ISSUE: The Executive Committee has asked for a briefing on the role and function of the Legislative Services Manager (LSM) position.

CAO COMMENTS: The role of Legislative Services Manager or more informally ‘Corporate Officer’ is an important position, one that is recognized in the Islands Trust Act in Section 17 and in the Local Government Act S. 236. This position is traditionally responsible for the corporate administration including minutes, records, bylaws, oaths and documentation. More informally it traditionally deals with an extended suite of corporate responsibilities to ensure the health of the organization including legal opinions, agendas, meeting procedures, and even business continuity and risk management. As the administration of the Islands Trust reviews it administrative and corporate practice, it is anticipated that the role of the Legislative Services Manager will expand in certain areas, including attendance at Trust Council meetings on a regular basis.

BACKGROUND:

As a general overview, the Legislative Services Manager position is responsible for the planning, coordination and control of variety of functions necessary to carry out the legislative obligations of the 15 corporate bodies of the Islands Trust. The manager delivers direct services to elected officials, trust bodies, staff and the public by providing advice, support and recommendations on statutory, procedural or privacy matters which may involve legislation, Islands Trust policy, procedures and bylaws and Roberts Rules of Order. As part of this service, the manager acts as corporate Records Manager, Freedom of Information and Protection of Privacy Head, and coordinates elections and by- elections.

Legislative Services: a) Ensures accurate minutes of trust body meetings are prepared and kept safe along with bylaws and other records of the business of Islands Trust; and ensures public access to records of trust bodies; b) Certifies copies of bylaws and other documents; c) Serves as Commissioner for Taking Affidavits to take oaths, affirmations and statutory declarations for Islands Trust business; witnesses signatures on covenants and other documents; d) Serves as FOI head for Islands Trust and acts as liaison with Office of Information and Privacy Commissioner and Ombudsperson’s office; e) Coordinates local trustee elections and by-elections; f) Ensures meeting procedures (including conflict of interest), records management program and FOI procedures are consistent with statutory requirements; Islands Trust Briefing Page 1 163 g) Stays current with legislative changes and local government best practices that may affect Islands Trust bodies, including maintaining contact with provincial agencies and local governments; h) Maintains and coordinates amendments to Islands Trust policy manual, operations manual and legal opinion inventory; and i) Manages the orientation of elected officials and the training of staff regarding legislative and administrative matters.

Operational Roles: a) Provides quasi-legal advice to elected officials related to procedures, administrative fairness and statutory obligations; b) Advises and supports staff on trust body meeting procedures, corporate standards (e.g. minutes), email handling, records management, local trust committee correspondence management, and APC’s (e.g. minutes, conduct, bylaw and terms of reference review); c) Processes administrative fairness complaints primarily related to local trust committee business; d) Develops, maintains and delivers proactive training programs regarding statutory obligations of Islands Trust bodies for staff, contractors and trustees re: FOI, minute taking standards, email management and records management; e) Drafts bylaws or bylaw amendments primarily related to meeting procedure and FOI; f) Drafts policies and procedures related to topics which fall under LSM position; g) Provides training and extensive guidance to deputy FOI heads and oversees and assists in processing complex requests for records under the FOIPP Act; h) Implements corporate standards on the hire and evaluation of contract minute-takers; and ensures the Islands Trust minute taking guidelines are followed by both staff and contract minute- takers; i) Oversees records management for all Islands Trust bodies, including bylaws, policies, correspondence and archival materials; j) Meets regularly with Deputy Secretaries/Legislative Clerks to discuss organizational needs and to collaborate on implementing effective procedures and solutions; and k) Serves as backup minute taker for trust bodies as necessary.

Current project work includes: 1) development and implementation of a shared drive (LAN) restructure for all electronic documents, based on records classification system; updating and reformatting policies and procedures manuals; and completing the procedure to support the local trust committee correspondence policy.

It is estimated that the LSM provides service to Islands Trust work units, trust bodies and the public as follows: Local Planning Services - 50%; Executive Office and Administrative Services – 35%; Trust Area Services – 10%; public – 5%.

ATTACHMENT(S): N/A

AVAILABLE OPTIONS:

1. Receive briefing report for information. 2. Direct that the LSM role be reviewed and/or changed.

FOLLOW-UP: N/A

Prepared By: Carmen Thiel, Legislative Services Manager

Reviewed By: Chief Administration Officer

Date: May 11, 2016

Islands Trust Briefing Page 2 164

Position Paper: The Gabriola Island Chamber of Commerce is opposed to the proposed Freighter Anchorages near Gabriola Island, B.C., because of unsafe weather conditions, serious environmental damage, and damage to the local economy of Gabriola Island

April, 2016

The Gabriola Island Chamber of Commerce is strongly opposed to the proposal of the Pacific Pilotage Association to establish 5 anchorages for cape-sized freighters off the northeast shores of Gabriola Island in the Salish Sea because it represents a needless threat to the natural environment and therefore to the economy of our community. We call upon the Federal Government for an immediate moratorium on this proposal.

We feel that such anchorages (see attached figure) are ill conceived and dangerous because they are exposed to gale force winds frequently, with resultant risk of marine accidents. Furthermore, the dragging of anchor chains on the bottom will destroy the marine ecosystem in the area. This area is an important recreational and commercial fishing and an Orca migration route. In addition to the threat to Gabriola’s marine tourist services, the local economy has a large tourism component which will be negatively affected by the visual, light, sound and diesel smoke pollution from such anchorages.

We have polled the businesses who are members of our Chamber. 90% of them are opposed to the establishment of these anchorages because they will have negative impacts on the local economy. The remaining 10% expressed no opinion.

We urge the Federal Government to declare an immediate moratorium on the establishment of these proposed anchorages until the following conditions are met:  The proponents can demonstrate that a clear need exists that could not be met by better control of ship traffic to match loading capacity;  A full evaluation by the Dept. of Fisheries and Oceans and the Dept. of the Environment on the effect of these anchorages on commercial and recreational fishing in the area, as well as the environmental impact on orca migration and fragile glass sponge reefs reported nearby;  A full assessment by the Depts. of Environment and Transportation on the risks of marine accidents resulting from ships anchored in extremely exposed locations which commonly experience gale force winds;  A full assessment by the Dept. of Transportation on the socio-economic impact of this proposal on the economies of Gabriola, the Regional District of Nanaimo and B.C.

P.O. Box 249, Gabriola Island BC V0R 1X0 250-247-9332 www.gabriolaisland.org 165

 A justification by the Dept. of Environment on why the proposed industrialization of a pristine coastal environment is necessary to support the export of thermal coal from the US and its direct contribution to global warming.

Media contact: John W. Peirce, P. Geo. Treasurer, Gabriola Island Chamber of Commerce 250-616-6914 [email protected]

Distribution:

Ken Obermayer, CEO, Pacific Pilotage Association Bernie Dumas, President & CEO, Nanaimo Port Authority Greg Phillips, Chair, Greater Nanaimo Chamber of Commerce Maureen Kirkbride, Interim CEO, BC Chamber of Commerce Bill Veenhof, Chairman Regional District of Nanaimo Howard Houle, Regional Director of RDN, Area B John Hankins, Chairman, Nanaimo Economic Development Council Bill McKay, Mayor of Nanaimo Peter Luckham, Chair, Island Trust Melanie Mamoser, Heather O’Sullivan and Laurie Belsheikin, Gabriola Local Trust Committee of Islands Trust Gabriolans Against Freighter Anchorages Members of Gabriola Island Chamber of Commerce Sheila Malcolmson, MP for Nanaimo-Ladysmith Hon. Marc Garneau, Minister of Dept. of Transportation of Canada Hon. Hunter Tootoo, Minister of Dept. of Fisheries and Oceans of Canada Hon. Catherine McKenna, Minister of Dept. of Environment of Canada

P.O. Box 249, Gabriola Island BC V0R 1X0 250-247-9332 www.gabriolaisland.org 166 5 anchorages - Capesize vessels

Chart provided by Gabriolans Against Freight Anchorages GAFA Town Hall January 23, 2016 5 167 Mandy Giesbrecht

From: Peter Luckham Sent: Saturday, April 23, 2016 12:22 PM To: Mandy Giesbrecht Subject: Fwd: Stop the Nanaimo Port expansion

Categories: NEXT EC

Correspondence received. I have thanked the writer.

Peter Luckham, Chair Trust Council Trustee, Thetis Island Islands Trust #200 1627 Fort Street Victoria, B.C. V8R 1H8 Home Phone: (250) 210-2553 Office Fax: (250) 405-5155 www.islandstrust.bc.ca Preserving island communities, culture and environment

Please consider the environment before printing this email.

------Forwarded Message ------Subject: Stop the Nanaimo Port expansion Date: Sat, 23 Apr 2016 12:02:23 -0700 From: ruby chapman To: Peter Luckham

Hello Peter, I am writing to you as Chair of the Islands Trust, and have written to all members of the Gabriola Islands Trust to ask for your ongoing support in protecting our Trust area. It is under threat from the Nanaimo Port Authority that wishes to take over control of the waters off Gabriola and the rest of the Gulf Islands.

Please act now to stop the proposed expansion of Port of Nanaimo to include the Southern Gulf Islands. This is little more than an 'end-run maneuver' to gain control of these waters for present and future expansion of freighter anchorages. Once these waters are within Port of Nanaimo jurisdiction the port authority will have the power to put any number of tanker anchorages anywhere they choose without environmental oversight and without consideration for the negative impacts on the communities affected.

The Island Trust was created for the purpose of protecting these environmentally sensitive areas and for protecting the rural quality of life for the residents.The marine ecosystem through the Gulf Islands is a vital habitat for wildlife- mammals, fish, birds and others. Many are threatened or endangered species. From the smallest forage fish- like herring, smelt and sand lance- on which the health of so many other species in the food web rely, to the tiny endangered Marbled Murrelet, and to the magnificent and threatened Resident Killer whales, Humpback, Grey whales, these species deserve our protection.

1 168

As well, tourism is the life-blood of these islands and such a port expansion and therefore tanker anchorage expansion places these businesses in jeopardy. The fishers, and marine harvesters of clam, oyster, prawn would also be negatively impacted.

It is written on the Islands Trust website: /"The Islands Trust Area [PDF Map] _covers the islands and waters_ between the British Columbia mainland and southern Vancouver Island, including Howe Sound and as far north as Comox..." /

Contrary to what Mr. Dumas would like us to believe there are NO benefits to the community or to the marine environment from this proposal! Should the approval go through, the port authority then can do whatever it wants. It is under no obligation to actually act on its promises to 'improve oversight'. No obligation to environmental protection, no obligation to be sensitive to community impacts.

The Port Authority's mission appears straightforward: to guarantee that they can expand anchorage sites throughout the Gulf Islands, starting with Gabriola Island, without any environmental oversight or protection and without the need to pay serious attention to community concerns. Their actions continue to feed the needs of tanker owners who presently have an oversupply of empty tankers with nowhere to go. Environmentally harmful loading practices such as trans-shipping and bunkering can be initiated at these anchorages to relieve pressure on the Ports rather than addressing the problems at source. There are other viable options to address these Port-related problems. Changes to current harbour management practices would be a good start. Holding tanker owners responsible for finding other ways to deal with the present glut of tankers at anchor would be another.

Please act now. Stop the Port of Nanaimo expansion.

With regards, Ruby Chapman

2 169 170 171 Mandy Giesbrecht

From: Clare Frater Sent: Monday, May 02, 2016 1:46 PM To: Mandy Giesbrecht Cc: Lisa Gordon; Jas Chonk Subject: FW: An Update on Derelict Vessels

Hi Mandy,

Please add this e-mail to EC correspondence on the next agenda.

Clare

From: [email protected] [mailto:[email protected]] Sent: Monday, May 02, 2016 1:43 PM To: [email protected]; [email protected]; [email protected]; [email protected]; Clare Frater; [email protected]; [email protected]; [email protected]; Kate-Louise Stamford; [email protected]; [email protected] Cc: [email protected]; [email protected] Subject: An Update on Derelict Vessels

Good Afternoon

I have been in touch with all of you and thank you for your continued interest in the issue of abandoned and derelict vessels. Leah Hanvey, my colleague in our Ottawa office, is taking the lead on this topic and issued the update below. Through this email I wanted to connect you with Leah to ensure she has an up to date list when she sends out updates. Those of you who attended the Howe Sound Forum last week will have heard this directly from our MP. We are very happy that this issue is gaining traction in Ottawa and we will keep you informed as we continue to work on it.

Best regards, Lucie

Lucie McKiernan Constituency Assistant Sunshine Coast Office of Pamela Goldsmith-Jones, M.P.| Bureau de Pamela Goldsmith-Jones, députée Parliamentary Secretary, Foreign Affairs | Secrétaire parlementaire, Affaires étrangères West Vancouver-Sunshine Coast-Sea to Sky Country Constituency Office | 6367 Bruce Street, West Vancouver, BC V7W 2B8 Office: 604-913-2660 | Mobile: 604-787-3274

NOTICE OF CONFIDENTIALITY - DO NOT FORWARD: This email, including all materials contained in or attached to this e-mail, is confidential and is intended only for the named recipients. This email may not be reproduced or redistributed or passed on in whole or in part, directly or indirectly, to any other person. If you have received this email in error, please notify us immediately by return e-mail or otherwise and ensure that it is permanently deleted from your systems, and do not print, copy, distribute or read its contents.

From: Goldsmith-Jones, Pam - Assistant 1 Sent: April 26, 2016 9:11 AM To: Goldsmith-Jones, Pam - Riding 1B Subject: Statement on Derelict Vessels

An Update on Derelict Vessels in Ottawa

1 172 As Legislative Assistant to MP Pamela Goldsmith-Jones, I have been working on this personally over some months now. The issue is gaining traction in Ottawa and Transport Canada has committed to working on this issue with us. Specific outcomes and deliverables are still to be determined but I am speaking with Minister Garneau’s office regularly and will share developments as they occur. The issue has also gained the attention of the Prime Minister’s Office and I will soon be working with them on the issue as well. Derelict and abandoned vessels also exist in Atlantic Canada, so we are working in tandem with MP Bernadette Jordan of Nova Scotia to ensure that we come up with a solution that takes into account the unique situations and needs of all coasts. On June 3rd, Ms. Jordan will table Motion-40 on Derelict and Abandoned Vessels as a way to bring awareness to parliamentarians of the urgency of this problem.

Leah Hanvey Legislative Assistant | Adjointe législative Office of Pamela Goldsmith-Jones, M.P. West Vancouver-Sunshine Coast-Sea to Sky Country Parliamentary Secretary to the Minister of Foreign Affairs

Room 583, Confederation Building Ottawa, ON K1A 0A6 Tel. 613.947.4617 Cel. 613.720.0156 Fax. 613.947.4620 [email protected]

2 173

Gabriolans Against Freighter Anchorages Society

VIA EMAIL The Islands Trust 200 1627 Fort Street Victoria, BC V8R 1H8 May 4, 2016

Attention: Chair Luckham and Council Members

Re: Proposed Gabriola Anchorages and Extension of the Port of Nanaimo

Dear Chair Luckham and Council Members,

Thank you for your letter of May 3, 2016 responding to our previous correspondence.

We are pleased to hear of the Islands Trust involvement and advocacy efforts in relation to marine shipping in the Salish Sea and the Islands Trust Area as a whole, and commend you for those initiatives.

For our part, while the principle focus of or organization is to oppose the proposal to create anchorages off the Northeast Coast of Gabriola Island, our efforts are raising public awareness generally about what has and is occurring in the waters in and around the Islands Trust Area and about the potential implications of initiatives that are in still in the proposal/development stage. As a grass roots organization comprised solely of volunteers, we are doing our best to advocate for and inform the Gabriola Island community and the larger community of which it is a part including Nanaimo and the other Gulf Islands. Our correspondence is in this spirit. We are gathering more and more support from organizations and individuals concerned about the future of this special area and who want to contribute to its preservation and protection. We hope that going forward the Islands Trust will share with us information that comes to its attention about opportunities and initiatives on this topic in which our organization can participate and contribute.

Thank you for your invitation to apply to present a delegation to the Trust Council at your June 15, 2016 meeting and to attend the special session that day involving agencies responsible for making decisions about shipping and anchorages in the Islands Trust Area. We will make an application to present and we accept your invitation to attend the special session.

Yours truly, Deborah Cook/s Deborah Cook on behalf of Gabriolans Against Freighter Anchorages Society www.gabriolaanchorrage.com 1

174 Mandy Giesbrecht

From: Clare Frater Sent: Thursday, May 05, 2016 9:17 AM To: Mandy Giesbrecht Cc: Lisa Gordon Subject: FW: Vessel Traffic Risk Assessment update and TMPE Attachments: SSVTP_for_VTRA_Feb_19_2016.xlsx

Hi Mandy,

Here is more Chair correspondence for EC.

Clare

From: Lovel Pratt [mailto:[email protected]] Sent: Thursday, May 05, 2016 9:12 AM To: Peter Luckham Cc: Clare Frater Subject: Vessel Traffic Risk Assessment update and TMPE

Hi Peter, I hope all is well with you and that you’re enjoying this beautiful day!

I’m representing the Friends of the San Juans on the Workgroup for the update to the Vessel Traffic Risk Assessment (VTRA). FYI, here is a link to the VTRA 2010 (the current update will result in the VTRA 2015): https://www.seas.gwu.edu/~dorpjr/VTRA/PSP/FINAL%20REPORT/PSP%20FINAL%20REPORT%20033114% 20-%20EXECUTIVE%20SUMMARY%20-%20%20WITH%20LABEL%20CORRECTION%20- %20REDUCED.pdf The VTRA 2010 included the new and expanding terminal project proposals in Canada known of at that time, as will the VTRA 2015 update. However, the NGO representatives on the VTRA Workgroup are advocating for the update to model the full potential capacity of Kinder Morgan’s Trans Mountain Pipeline Expansion (TMPE) project. This would be the full capacity the pipeline expansion is designed and budgeted for, and not just the capacity stated in the application that is currently under review by the NEB.

I’m not sure how familiar you are with this aspect of Kinder Morgan’s TMPE application. Former NEB TMPE intervenor Robyn Allan has been a major advocate in bringing these issues to light. FYI see: http://thetyee.ca/Opinion/2014/03/03/Big-Oil-Loophole/ http://thetyee.ca/Opinion/2014/05/28/Kinder-Morgan-Pipeline-Expansion/

Attached is an excel workbook that includes the materials I provided to the VTRA Workgroup – FYI see spreadsheet tab “Case R Updates Needed.”

It has been advised that requests from Canadians to the workgroup for the update to include an analysis of the full TMPE capacity would be helpful in giving credibility to the request and in emphasizing the need for analyzing the cumulative impacts of all potential TMPE vessel traffic.

If you and/or the Islands Trust Council would be willing to send a request to the VTRA Workgroup requesting that the update include an analysis of TMPE’s full capacity, I would be happy to send you the email address for the VTRA Workgroup Chair, Capt. Stephen Moreno, and any additional info you might need. It would be ideal for the communication to be sent prior to the June 1st and 2nd VTRA meetings.

1 175 Thank you for considering this! Lovel

Lovel Pratt Mulno Cove Consulting 360.378.7172

2 176 Update to VTRA 2010 Case R - Kinder Morgan's Trans Mountain Pipeline Expansion Assumptions: 1) Average bbl per vessel for 590,000 bpd expansion as included in TMPE application is maintained for entire designed/budgeted pipeline capacity, 2) Expansion includes no additional barges

bpd bbl/year tankers/year bbl/tanker barges/year (a) Current Pipeline Capacity 300,000 109,500,000 60 36 (b) Additional Tankers in TMPE Application 590,000 215,350,000 348 618,822 36 (c) "average annual (sustainable) capacity on Line 2" 780,000 284,700,000 460 618,822 36 (d) Tankers not included in TMPE application = (c) - (b) 190,000 69,350,000 112 618,822 36 (e) Total TMPE Current Capacity + Expansion = (a) + (c) 1,080,000 394,200,000 520 36 (f) Total Tankers to Include in Case R = (b) + (d) 780,000 284,700,000 460 618,822 36 (g) VTRA 2010 Case R number of tankers 358 (h) Additional tankers needed to update VTRA 2010 Case R = (f) - (g) 102

Update needed to Case R bunkering assumptions? From Glosten Associates' Vessel Traffic and Risk Assessment Study, Analysis Format and Vessel Traffic Data (Northern Economics)

Page 59: If the current ratio of tank barge transits to vessel calls at the Vancouver, B.C. area remains constant, the 348 additional Kinder Morgan tankers are expected to generate 715 additional tug and tank barge transits between the Cherry Point subarea and Port Metro. These additional calls are incorporated into Case A. (Table 15).

Page 69: The additional tankers resulting from the Trans-Mountain Pipeline expansion will increase the demand for bunker at Port Metro Vancouver. If the current ratio of tank barge transits to vessel calls at the Vancouver, B.C. area remains constant, the 348 additional Kinder Morgan tankers are expected to generate 15 additional tug and tank barge transits from the study area. These additional calls

177 Update to VTRA 2010 Case S - BC Projects Need to confirm completion status of all projects - operational by or within 2015? Assumptions: Richardson Grain WIFVs removed (no change in vessel #s), Neptune Terminals' WIFVs removed - scheduled to be operational in 2015 (identify partial WIFVs?)

VTRA 2010 Vessels/ VTRA 2010 Bunkering Update: Add/ Terminal Current Info year Transits/yr Subtract (a) Fraser Surrey Docks 40 Bulkers 4 80 40

(b) Richardson International Grain 28 Bulkers 3 No change in vessel # Increase Terminal in vessel size Operational?

(c) Neptune Terminals 176 Bulkers 17 Operational? ? (d) Westshore Terminals 104 Bulkers 10 43 -61 (e) Deltaport Terminal 67 Containers 6 43 -24 (f) Roberts Bank Terminal 2 0 0 260 260 (g) Total Bulkers = (a) + (b) + (c) + (d) 348 34 123 -225 (h) Total Containers = (e) + (f) 67 6 303 236 (i) Total = (g) + (h) 415 40 426 11

Update needed to Case S bunkering assumptions? Consider assumptions included in the Glosten Associates' Vessel Traffic and Risk Assessment Study: CASE A Baseline traffic includes: Historic traffic volumes extrapolated to 2019 including legacy Alaska crude and foreign crude oil imports: Deltaport Expansion – 2010, Westshore Expansion – 2012, Second Westshore Expansion – 2017, Neptune Expansion – 2015, BP Rail – 2013, Tesoro Rail – 2012, Phillips Rail – Under Construction

178 Salish Sea Vessel Traffic Projections (excluding Cases Q, R, and S), DRAFT February 19, 2016

New & Expanding Proposed, Approved Proposed, Approved & Current Current Total Terminals and and Recent Increase Recent Increase in Project Status Summary Capacity Vessels/yr Vessels/yr Refineries in Capacity Vessels/yr

Discovery LNG 20 MTPA 0 Est: 380 Est: 380 NEB export license issued in export facility 0 June 2015 PMV: Woodfibre 0 2.1 MTPA 0 40 40 LNG export license issued in LNG export terminal Dec 2013. Environmental Assessments underway. PMV: G3 Terminal – ? 8,000,000 MT 56 (2013) 112 168 Permit application submitted Grain Nov 2015 PMV: Centerm 900,000 TEU 600,000 TEU 134 Est: 65 Est: 199 Preliminary public comment Container Terminal period ends Feb. 12, 2016

Viterra Pacific 1,900,000 MT 4,100,000 MT "up 78 85 "… increase in facility 163 Project permit issued in July Terminal – Grain to 6,000,000mt per throughput from 1,900,000 2015. For 5,000,000 MT or annum." MT per year (2013) to 6,000,000 MT expansion? 5,000,000 MT per year (2023). As a result of the proposed throughput increase, the number of ship movements is estimated to increase from 78 to 163 per year" PMV: Pacific Coast 0 575,000 MT per yr. 0 23 23 Project permit issued in Feb. Terminals - Canola ‘14. "The approved works must … be complete no later than February 28, 2016."

179 Salish Sea Vessel Traffic Projections (excluding Cases Q, R, and S), DRAFT February 19, 2016

PMV: Pacific Coast 0 2,000,000 MT per yr. 0 44 44 Project permit issued in Terminals - Potash March 2015 PMV: WesPac LNG 0 3.5 MTPA 0 122 122 NEB export license issued May 2015 Island Gas Connector 0 Pipeline: 30 MTPA; 0 Est: 114 Est: 114 LNG export license approved. Pipeline & Malahat Malahat 6 MTPA Applications pending. LNG floating export Expected operational in 2020. facility

Tesoro Refining and 0 5,475,000 bbl/year 0 60 60 Application submitted June Marketing Company, ‘15 for new infrastructure to Anacortes WA produce mixed xylenes for export to Asia.

NW Seaport Alliance, 3,400,000 2,600,000 TEUs ? Est: 282 ? Seattle and Tacoma ports’ Seattle and Tacoma TEUs alliance plans to expand WA container terminals.

PSE Tacoma LNG "… a small-scale LNG facility to fuel ? ? ? Shoreline Permit Decision Project, Tacoma, WA marine vessels and provide LNG fuel issued November 2015 to various customers in the Puget Sound area via LNG bunkering barges and tanker trucks." FEIS

180 Salish Sea Vessel Traffic Projections (excluding Cases Q, R, and S), DRAFT February 19, 2016

NW Innovation 0 20,000 metric tons ? ? ? Port of Tacoma lease Works - methanol per day agreement issued in May production/export 2014. EIS scoping process facility, Tacoma, WA underway until March 4, 2016

Westway Terminal - Typical ships = up to 350,000 barrels. Typical 99-119 DEIS issued 8-31-15. "Crude oil would be crude oil, Grays barges = 157,000 barrels. "There could be 99 to transported from the project site by tank Harbor 119 additional vessels at the terminal each year." vessel (tanker or tank barge), most likely to refineries in the Puget Sound area and northern California" Tesoro Savage "it is assumed that bunkering would most likely not take place in the Lower Columbia River, ORDER CLARIFYING EFSEC’S Vancouver Energy but rather occur at the refineries in the Puget Sound and/or California receiving crude oil PROCESS, MODIFYING Project - see DEIS shipments, or at anchorages in Puget Sound, California, Alaska, or even Hawaii, depending on DISPOSITIVE MOTION Appendix J: the voyage of the specific vessel involved. Note that it is possible that bunkering would occur DEADLINE, SUMMARIZING in Puget Sound even for vessels that are destined for other ports (Etkin et al. 2015). Analyses PRELIMINARY ISSUES, AND for potential bunkering-related spills were therefore not conducted in this study." DEIS SETTING HEARING DATES - Appendix J, page 21 issued 2-3-16 Bunkering related vessel traffic from all Grays Harbor and Columbia River projects

181 Salish Sea Vessel Traffic Projections (excluding Cases Q, R, and S), DRAFT February 19, 2016

PROJECTS OPPERATIONAL/to be REMOVED? West Coast 700,000 MT 1,100,000 MT 20 Est: 11 Export via Vanterm Terminal. Reduction Ltd. $9.5 M expansion completed Canola in April ’15.

182 183 184 185 186 187 188 189 190 191 Mandy Giesbrecht

From: Clare Frater Sent: Tuesday, May 10, 2016 5:58 PM To: Executive Admin Cc: Lisa Gordon Subject: FW: Update - proposed Gabriola anchorages

Hi Mandy,

For EC correspondence on next agenda.

Clare

From: Kevin Obermeyer [mailto:[email protected]] Sent: Friday, April 29, 2016 3:03 PM To: Kevin Obermeyer Subject: Update - proposed Gabriola anchorages

Good afternoon everyone,

As promised in our last e-mail update please find below links to a briefing document on the Georgia Strait anchorages, as well as the risk assessment (attachment #1) and the environmental overview assessment of the area for the proposed Gabriola Island anchorages: https://www.dropbox.com/sh/nrty8m75l29nb2p/AADhu22-gzTZTjG3F4Hp2xdOa?dl=0

The next stages in the process were to be meetings and consultation with First Nations, public consultation in September with residents and interested parties and then the communication of all the documentation with a recommendation to the relevant federal government department for designation (or not) of the proposed anchorages.

There will however be a delay to this process in that the environmental overview report identified the fact that there could be some loss of habitat due to anchor chain scour and as a result we are forwarding the document to the Department of Fisheries and Oceans for a section 35 review. This process could take a few months but it is clearly important.

As I have no wish to waste anyone's time, I believe that the process should be halted until such time as the DFO review is completed. Once completed I will be in touch with everyone to share the results and the next steps.

Best regards Kevin

Kevin Obermeyer Pacific Pilotage Authority Ph: 604-666-6771 CEO 1000 - 1130 West Pender Street Fax: 604-666-1647 Vancouver, BC V6E 4A4

Our mission is to provide a safe and efficient pilotage service by working in partnership with pilots and the shipping industry to protect and advance the interests of Canada.  Please consider the environment before printing this email 

1 192

2 193 Mandy Giesbrecht

From: Peter Luckham Sent: Wednesday, May 11, 2016 10:20 AM To: Mandy Giesbrecht Cc: Lisa Gordon Subject: Fwd: 253821 - BC Ferries Attachments: 253821 Incoming.pdf

Hi Mandy can you please add this email as correspondence received by the chair to our next meeting.

Thank you

Please consider the environment before printing this email.

------Forwarded Message ------Subject: 253821 - BC Ferries Date: Wed, 11 May 2016 16:25:52 +0000 From: Transportation, Minister TRAN:EX To: [email protected] CC: [email protected]

Peter Luckham

Chair, Islands Trust Council [email protected]

253821 - BC Ferries

Dear Chair Luckham:

Thank you for your correspondence asking the ministry to advocate for ferry scheduling changes and other ideas proposed by ferry advisory councils in the Islands Trust area. I was also pleased to have the chance to meet with you at the Union of British Columbia Municipalities

1 194 (UBCM) Convention in Vancouver last September.

As you know, the contract between BC Ferries and the provincial government sets out the minimum length of the operating day and the number of round trips for each route. BC Ferries works with communities to determine the schedules that will best provide these agreed levels of service and also sets its fares. For that reason, I have shared the ferry advisory councils’ scheduling ideas with Mike Corrigan, President and CEO of BC Ferries, who is in the best position to determine if they can be implemented.

With respect to your comment about Bowen Island, Mayor Murray Skeels of the Bowen Island Municipality has been in direct communication with the provincial government. Ministry staff and his office have been discussing arrangements for a multi-stakeholder meeting on transportation-related topics, including ferry services. The Ministry of Jobs, Tourism and Skills Training and Minister Responsible for Labour has also been working with the Bowen Island Economic Development Committee on a similar multi-stakeholder session to discuss issues related to economic development.

I appreciate your offers for a tour of the Islands Trust area. While my schedule for the summer break in the legislature has not yet been finalized, I will keep in mind your “Tour des isles” suggestion.

Thank you again for taking the time to write.

Sincerely,

Todd G. Stone

Minister

Copy to: Mike Corrigan, President and CEO

BC Ferries

2 195

200 - 1627 Fort St., Victoria, BC V8R 1H8 Telephone (250) 405-5151 Fax (250) 405-5155

Toll Free via Enquiry BC in Vancouver 660-2421. Elsewhere in BC 1.800.663.7867 Email [email protected] Web www.islandstrust.bc.ca

February 12, 2016 File No.: 0420-20

Via e-mail: [email protected]

The Honourable Todd Stone, MLA Minister of Transportation and Infrastructure PO Box 9850, Stn Prov Govt Victoria BC V8W 9E2

Dear Minister Stone:

Re: Request for support for changes to BC Ferries’ schedules

Minister Stone, thank you again for meeting with members of the Islands Trust Executive Committee on September 24, 2015 to discuss BC Ferries. As a follow-up to our September meeting, the Islands Trust Executive Committee wrote to the four ferry advisory councils in the Trust Area represent routes with service cuts in 2015.

The ferry advisory councils provided suggestions for scheduling changes that would benefit their islands and mitigate the impacts of the service cuts. I have attached their suggestions and hope the Province can be an advocate for some or all of these changes to BC Ferries scheduling. We also heard that the Bowen Island Ferry Advisory Council requires more financial information from BC Ferries in order to prepare a business case to support requests to reinstate runs.

Thank you for considering this information. We would be pleased to welcome you to the Gulf Islands this summer to showcase innovative transportation solutions developed by our island communities.

I look forward to hearing from you.

Sincerely,

Peter Luckham Chair, Islands Trust Council [email protected]

Attach: Ferry Advisory Committee suggestions for changes to ferry schedules cc: Islands Trust Area MLAs Coastal Regional District Chairs Group c/o Powell River Regional District Director Colin Palmer Bowen Island Ferry Advisory Committee Chemainus - Thetis Island - Penelakut Island Ferry Advisory Committee Denman Island - Hornby Island Ferry Advisory Committee Gabriola Island Ferry Advisory Committee BC Ferries Bowen Island Municipal Council Islands Trust Council Islands Trust website

Bowen Denman Hornby Gabriola Galiano Gambier Lasqueti Mayne North Pender Salt Spring Saturna South Pender Thetis 196

Islands Trust January 2016 compilation of ferry schedule change suggestions from:

Bowen Island Ferry Advisory Committee Denman Island - Hornby Island Ferry Advisory Committee Gabriola Island Ferry Advisory Committee Chemainus - Thetis Island - Penelakut Island Ferry Advisory Committee

Ferry FAC Suggestion FAC Rationale Advisory Committee Bowen Island Restore the 9:30 a.m. The weekend morning cuts have resulted in social Sunday sailing and the impacts that include children no longer 7:30a.m. Saturday sailing, or participating in off-island activities as they now as an alternative second need to be on a 6:30 a.m. ferry for 9:00 a.m. choice, spread the morning activities, and shift/weekend workers now needing schedule to create shorter to spend the night off-island. gaps in the early morning to mitigate the impact of the It has also resulted in inconvenience for people lost sailings. who want reasonable travel connections to the airport or to weekend morning events such as church services. As a second priority, add a A late Friday and Saturday night sailing would later evening service from provide Bowen Island residents more access to Horseshoe Bay, especially evening work functions, theatre performances or on Friday and Saturday movies. nights.

Denman Extend the peak season This extended peak season length would reflect Island - length so that it is from the the length of the tourist season. Hornby May long weekend to Island Thanksgiving. It would support the local Destination BC-funded tourism development efforts.

Add one additional sailing to The two-hour gap in the middle of the day causes Denman Island and Hornby problems for businesses: Island to eliminate a two- o missing a mid-day ferry now means small hour gap in the middle of the businesses incur significant costs day for both islands. o delivery businesses can no longer make two deliveries in one day.

Denman Island elementary student now attend fewer inter-school sport competitions on Vancouver Island as the current schedule results in too much missed instruction time and results in young students having to wait around at Vancouver Islands schools for hours in advance of competitions.

Gabriola As a pilot project, offer an A discount on select Route 19 runs would provide Island across-the-board discount of a significant boost to both ridership and route 25% in the evenings and on revenue weekends at times when there is spare capacity The rate of traffic recovery on Route 19 remains substantially lower than has been achieved on 197 available. most other routes.

Reintroduce weekend The FAC’s analysis suggests that reintroduction of sailings (at 1:50 p.m. from one additional round trip on Saturdays and Gabriola Island and 2:25 Sundays would provide a significant boost to both p.m. from Nanaimo) ridership and route revenue, without impacting on the delivery of the government’s $400,000 net savings target.

The 2.5 hour gap in the early afternoon weekend service is a major contributor to the problem of slow recovery of lost tourist and local traffic on Route 9. In December 2015 the Gabriola FAC provided BC Ferries with an outline business case for this proposal and they are presently awaiting their response.

The 2.5 hours gap not only deters tourist traffic, but also restricts the ability of Gabriola residents to make trips into Nanaimo without committing a whole day. Gabriola Island does not have a medical clinic open on weekends, resulting in more frequent ambulance transfers being required to and from Nanaimo. The mid-day break in service results in ambulance service delays.

Chemainus Reduce the dangerous cargo This change would allow more passengers and - Thetis runs in the summer months vehicle traffic during those busy months. Island - to mirror the rest of the year Penelakut (every second week) Island Reinstate the late Friday A late Friday night sailing would provide Thetis night sailing during May Island residents more access to Vancouver Island through September entertainment.

198 Revised April 21, 2016

PART 1 - Executive Committee Work Program Top Priorities

Top Target Project Date Priority Description Origin3 Summary of Activity to Date4 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 No Date TC Prep, Strategic Planning, Org. Improvements, TC Policy & Bylaw Development, Management Liaison, Governance(EXEC) 2015 01 15 Initial orientation complete CAO Transition EX-15-05 1 2015 05 2015 11 initial orientation planning LA/RH June 2016 In progress N N Y Planning/Orientation underway 2016-5-9 Agreement with Urban Systems for update of Impact Study 2015 12 08 TC approved (in principle) Principles and Objectives for Adaptation Strategy 2015 12 09 Draft Annotated ToC and Charter to TC 2015 12 01 Meeting with CRD staff 2015 11 18 Draft ToC and Charter to FPC 2015 11 05 Draft ToC provided to Islands Trust Transition Plan and EX-15-02 2 2015 06 25 TC ministry RH JuneMar 2016 In progress Y N Y Adaptation Strategy 2015 10 21 Draft Table of Contents (ToC) prepared for EC comment 2015 10 20 Council workshop report completed 2015 09 15 Council workshop/ministry discussions 2015 08 19 Briefing and Council Session prepared 2015 07 Mgmt Team discussions 2015 06 25 TC resolution

1 Numbered chronologically by group, year and next consecutive number 2 Date of originating resolution – in the case of policy, provide date of policy 3 TC=Trust Council; EC=Exec Committee; R=resolution; P=policy; ITA=Islands Trust Act; L=litigation/legal 4 Summarize activity to date, in reverse chronological order 5 SP = Referenced in current Trust Council Strategic Plan 6 PS = Referenced in Islands Trust Policy Statement 7 ToR = Consistent with Executive Committee Terms of Reference of policy assignments BOLD = non-discretionary (required by litigation, legislation or Trust Council policy) 1 199 Revised April 21, 2016

Top Target Project Date Priority Description Origin3 Summary of Activity to Date4 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 No Date 2015 06 04 Draft RFD to Trust Council 2015 05 01 Initial research re consultants 2015 04 22 Meeting scheduled with J. Schlosar to discuss 2015 03 Letter received from J. Schlosar 2016-5-4 Receipt of amendments from MCSCD 2015 09 Briefing to TC and BIM In progress Amend Provincial Protocol re 2015 08 17 Draft amendments sent to - awaiting EX-15-04 3 2015 06 25 TC RH May 2016 Y N Y municipal incorporation MCSCD for review Ministry 2015 07 Discussions with ministry staff input 2015 06 RFD to TC to initiate amendment process Communications, Advocacy, Policy Statement, Protocols, Inter-agency and Public Relations (TAS)

1 2015-2016 Annual Report IT Act June 2016 In progress

2015-06-01 TPC approved project charter 2015-04 BC, BIM and IT staff agree on draft project charter Propose revisions to the protocol 2015-03 BIM agrees on involvement. agreement and letters of FLNRO, BIM & IT Staff meet to complete understanding with the Province of project charter. 2012-04-12 EC Draft to Trust Delayed Y TA-12-01 2 British Columbia relating to 2015-02 TPC added to work program LG Y N 2014-06-19 TC Council in 2016 interests in Crown Land. 2014 09 10 TC received RFD and added this topic to the strategic plan. 2014 06 TC asked EC to review resources needed to review protocol agreements/letters of understanding with the Ministry of Forests, Lands and Natural Resource Operations. 2016-06 Trust Council session

2016-05 Draft letter for Chair encouraging Canadian oil spill response Oil spill and shipping safety Y TA-14-03 3 2014 04 TC agencies to coordinate spill response LG 2018 In progress N Y advocacy 2.3 strategies with American counterparts 3.1 (per strategic plan T.2.3.3)

2016-04 Drafted Chair letter supporting

2 200 Revised April 21, 2016

Top Target Project Date Priority Description Origin3 Summary of Activity to Date4 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 No Date Particularly Sensitive Sea Area nomination for Salish Sea and sponsor workshop

2016-04-08 AVICC resolution approved

2016-04-11 - Chair will be on a panel re Government and Community Engagement at the Clear Seas workshop on Decision Making for Maritime Traffic Monitoring & Modelling. Policy Advisor to attend.

2016-04-08 Vice-Chair Grams attended WESTAC Roundtable on West Coast Marine Spill Prevention, Preparedness & Response Capacity

Deleted all prior tasks on April 21, 2016

Administration (ADMIN) n/a LTC Assistance (LPS) 2016 03 02 Database complete and data entry underway. Preview planned for Trust Council in March.

2015 11 25 EC reduces scope of database to exclude trustee access.

2015 09 First Nations Database – under development. Updates as required on LT-12-01 1 Improve First Nations relations 2012-07-03 EC progress. DM March 2016 In progress Y N Y 5.1

Begin work on project charter to research roles and jurisdiction to consult with First Nations.

2015 08 Project Charter for development of First Nations database. Development Request for Proposal

3 201 Revised April 21, 2016

Top Target Project Date Priority Description Origin3 Summary of Activity to Date4 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 No Date 2015 07 Further work on TC FUAL actions Legislative Services, Procedures, Administrative Fairness (LS) 2015 11 25 Briefing to EC re options; 2016 03 22 Presentation to Trust Council re considerations for bylaw LS-15-02 1 TC electronic meeting procedures 2015 09 TC CT Dec 2016 In progress Y N Y amendments; 2016 05 18 RFD to EC re TC meeting procedures bylaw amendment proposal Meeting minutes and agendas for LS-15-01 2 Staff support to CAOHC 2015 05 EC CT June 2016 In progress N N Y CAOHC meetings

PART 2 - Executive Committee Work Program Long List

Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date TC Prep, Strategic Planning, Org. Improvements, TC Policy & Bylaw Development, Management Liaison, Governance(EXEC) 2015 11 Ongoing instructions to counsel re Ellis/Stoneman 2015 09 Instructions to counsel re Ellis/Stoneman and re Channel Ridge 2015 09 Instructions to counsel re Ellis/Stoneman 2015 09 Instructions to counsel re EX 12 4 Litigation Defence 2012 TC/EC N N Y Channel Ridge 2015 08 18 Meeting with legal counsel re Channel Ridge claim 2015 08 Instructions to legal counsel re Channel Ridge claim 2012 -2015 Convey instructions to lawyers, communications (weekly input) 2015 11 03 Meeting with Minister 2015 06 29 Seek status from ADM 2015 05 12 EC Meeting with ADM Seek legislative change regarding EX-12-01 5 2012 09 12 TC-R 2015 03 26 Draft outline prepared re RH 2015 On hold Y N Y TFB name change 1.4.1 ADM meeting 2015 02 04 EC to seek meeting with ADM 2014 09 10 several minister meeting 4 202 Revised April 21, 2016

Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date requests made – no response 2014 08 27 Minister meeting request completed 2014 07 21 CAO mtg with ADM 2014 05 30 Advice sought re timing of minister meeting 2013 09 10 Chair letter to Minister 2013 Chair letter to Minister 2012 Initial discussion with ministry staff 2015 08 05 EC review of own orientation schedule and materials 2015 06 15 EC review of own orientation schedule 2015 05 13 Chair training session finalized 2015 03 26 Briefing to EC re Chair training session 2015 03 10-12 Orientation re community planning, strategic planning, First Nations, ethical conduct 2015 03 Finalize toolkits and print/distribute 2015 02 04 EC orientation discussions and finalize toolkits 2015 01 27-29 LGLA sessions Trust Council and Executive EX-14-01 6 2014 02 04 EC 2015 01 26 EC orientation schedule Committee orientation programs revised 2015 01 23 EC orientation toolkits finalized 2014 12 19 EC orientation materials and schedule developed 2014 12 3 Trust Council orientation 2014 11 13 Final TC orientation materials prepared 2014 10 18 EC review of draft TC orientation materials 2014 10 07 EC review of TC, EC and Planning Team orientation schedules 2014 08 12 EC review of past orientation materials and trustee feedback 2014 07 29 EC endorsement of development schedule 5 203 Revised April 21, 2016

Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date 2014 07 29 EC review of orientation development schedule 2014 02 04 EC review of 2011 TC orientation schedule and trustee evaluations 2015 11 on-going instructions to Counsel 2015 07 06 Instructions to Counsel 2015 05 Verbal update to TFB EX-14-02 7 Manage Hwlitsum litigation case 2014 11 10 L 2015 04 01 Verbal update to EC RH 2015 04 In progress N N Y 2015 01/03 Instructions to lawyer 2014 12 05 Update to Trust Council 2014 11 12 Legal advice sought Delayed by Documentation about prep of RFDs EX-12-06 8 2012 12 08 EC-R 2014 08 06 Staff workshop held RH 2015 other N N Y and briefings priorities Provide advice about amendments EX-15-05 9 2015 02 15 EC-R RH 2016 Not started N N Y to Policy 2.2.1 (RFDs) Policy/procedures regarding EX-12-05 10 2012 12 08 EC-R RH 2016 Not started N N Y litigation defence Improve format for Director’s EX-15-06 11 2015 11 15 EC-R RH 2016 Not started N N Y reports to Trust Council Communications, Advocacy, Policy Statement, Protocols, Inter-agency and Public Relations (TAS) 2015 12 01 Chair wrote to AAA welcoming opportunity to meet

Shellfish Aquaculture Advocacy / 2015 10 06 2015 11 25 EC directs Chair to welcome Improve Engagement with First meeting with AAA even if staff research Nations is incomplete.

2014-2018 strategic plan item 2.5 EC / TC 2015 11 03 EC meets with Minister who Y TA-14-01 4 asks EC to advocate to reduce the LG 2016 In progress N Y encourages EC to meet with the AAA. 2.5 negative impacts of shellfish

aquaculture practices in 2017/18. 2015 10 06 EC assigned TAS Director to

do research with other ministries before Item #6.1 asks EC to improve drafting a Chair letter responding to the relations with First Nations Aboriginal Aquaculture Association’s

(AAA) letter asking for a meeting.

TA-11-01 5 Video project 2011-11-12 EC Delete from future reports? LG On hold On hold N N Y Administration (ADMIN) n/a

6 204 Revised April 21, 2016

Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date LTC Assistance (LPS) 2016: staff to review and report back on Rural status for southern LTC grant options for legislative change EX-16-03 2 2015-11-02 EC DM (w CF) 2016 In progress N N Y eligibility 2016-03-09 – Briefing to EC 2015-11-25 – TAS Verbal advice to EC Review and report on process for Work to begin in July and complete for LT-12-02 3 development of RD/LTC protocol 2012 08 12 EC DM Not started N N Y August EC meeting. agreements Provide advice re application LT-12-04 4 sponsorship policy re sponsorship of 2012 11 20 EC DM Not started N N N gov. bodies Review and report on provincial LT-12-03 5 2012 08 12 EC DM Not started N N N process regarding tenure referrals LPS staff / LPC assessing whether the Industry Canada – Cell Towers – Industry Canada release of Client LT-14-01 6 advise TC whether action required 2014 03-06 TC Procedures Circular 2-0-03 should result DM Not started N N N re LTC policy. in changes to Trust Council’s letter of understanding with Industry Canada. Legislative Services, Procedures, Administrative Fairness (LS) 2016 04 – Directors to review anomalies in policies which came to light as a result of updating numbering, etc. 2015 08 to 2015-09 Existing numbering in policies updated along with position titles and references to ministries; and cross references checked to be in line with new scheme 2015 09 PPMRT meeting 2015 07 PPMRT meeting Improve policy and procedure 2014 10 16 – Policy and Procedures EX 12-04 3 2012 12 08 EC-R CT 2016 In progress N N Y development process Manuals Review Team (PPMRT) meeting. New Table of Contents and New template for operational procedures in development. 2014 09 Mgmt team meeting – new Table of Contents developed for integrated policy and procedures manual 2014 07 Mgmt team review of procedure manual 2014 06 20 2nd draft of policy

7 205 Revised April 21, 2016

Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date development framework prepared 2013 08 27 First draft of policy development framework prepared 2013 04 staff training plans started 2013 04 internal discussions and research Notes: 1. Tasks assigned by Trust Council, either by resolution (R) or policy (P) (e.g. Annual Report development) should normally appear as the highest priority projects from the date of initiative until complete, unless variance approved by EC resolution. 2. Cyclical tasks with defined deadlines (i.e. Preparation of Trust Council agenda package or orientation materials) will occasionally displace discretionary projects.

8 206