Regular Meeting of Council Monday, October 1, 2018 at 7:00 P.M

District of North Saanich 1620 Mills Road Regular Meeting of Council Monday, October 1, 2018 at 7:00 p.m.

(Please note that all proceedings are recorded)

AGENDA

1. CALL TO ORDER

2. PUBLIC HEARINGS

3. INTRODUCTION OF LATE ITEMS

4. APPROVAL OF AGENDA

5. PUBLIC PARTICIPATION PERIOD Rules of Procedure: 1) Persons wishing to address Council must state their name and address for identification and also the topic involved. 2) Subjects must be on topics which are not normally dealt with by municipal staff as a matter of routine. 3) Subjects must be brief and to the point. 4) Subjects shall be addressed through the Chair and answers given likewise. Debates with or by individual Council members will not be allowed. 5) No commitments shall be made by the Chair in replying to a question. Matters which may require action of the Council shall be referred to a future meeting of the Council. 6) Twenty minutes will be allotted for the Public Participation Period. 7) Each speaker under this section is limited to speaking for 3 minutes unless authorized by the Chair to speak for a longer period of time. 8) All questions from members of the public must be directed to the Chair. Members of the public are not permitted to direct their questions or comments to members of Staff. 9) Persons speaking during Public Participation period must: (a) use respectful language; (b) not use offensive gestures or signs; and (c) adhere to the rules of procedure established under the Council Procedure Bylaw and to the decisions of the Page 2 of 127 REGULAR MEETING OF COUNCIL October 1, 2018 AGENDA

Chair and Council in connection with the rules and points of order.

6. ADOPTION OF MINUTES

(a) Minutes of the special meeting of Council held September 17, 9 - 10 2018 Staff recommendation: That the minutes of the special meeting of Council held September 17, 2018 be approved. 2018-09-17 Sp Council minutes

(b) Minutes of the regular meeting of Council held September 17, 11 - 22 2018 Staff recommendation: That the minutes of the regular meeting of Council held September 17, 2018 be approved. 2018-09-17 Council minutes

(c) Minutes of the special meeting of Council held September 24, 23 - 24 2018 Staff recommendation: That the minutes of the special meeting of Council held September 24, 2018 be approved. 2018-09-24 Sp Council minutes

7. PETITIONS AND DELEGATIONS

(a) Delivering Municipal Services Through Healthy Natural Assets: 25 - 34 Introduction Roy Brooke, Executive Director, Municipal Natural Assets Initiative Presentation R. Brooke

8. MAYOR'S REPORT

9. REPORTS

a) Staff Reports

i. First Nations Relations 35 - 38 Report dated August 3, 2018 from the Chief Administrative Officer Staff recommendation: 1. The First Nation Council liaisons share this report with the W̱ SÁNEĆ First Nations. Page 3 of 127 REGULAR MEETING OF COUNCIL October 1, 2018 AGENDA

2. The report be referred to the newly elected Mayor and Council for their further consideration. 3. The newly elected Mayor and Council invite the W̱ SÁNEĆ First Nations Chiefs to a meeting to seek their input into the options. Rpt First Nations

ii. 2019 Permissive Property Tax Exemptions 39 - 69 Report dated September 24, 2018 from the Director of Financial Services Staff recommendation: That Council: 1. Approve properties that were granted tax exemption in 2018 a permissive tax exemption again for 2019; 2. Consider whether it wishes to provide a new applicant, the BOḰEĆEN XAXE (Sacred) Society, a permissive tax exemption for 2019; and 3. Direct staff to prepare the 2019 North Saanich Exemption from Taxation Bylaw. Rpt Permissive Tax Exemption App A Letter+application+financial stmnt BOKECEN XAXE (Sacred) Society Certificate of Incorporation (01562309) BOKECEN XAXE (Sacred) Society Constitution (01562303) BOKECEN XAXE (Sacred) Society Bylaws (01562310) Rpt APP B

iii. Dunsmuir Trails Update 71 - 75 Report dated September 4, 2018 from the Director of Planning and Community Services (At its meeting on September 17, 2018 Council resolved to refer the report to the October 1, 2018 meeting of Council) Staff recommendation: That Council receive the report for information. Rpt Dunsmuir Trails Update Ltr Kuran - UVic Properties

iv. Amendments to the Board of Variance Bylaw No. 1387 77 - 82 Report dated October 1, 2018 from the Senior Planner Staff recommendation: That Council amend Bylaw No. 1463 with the changes outlined in the report (October 1, 2018). Page 4 of 127 REGULAR MEETING OF COUNCIL October 1, 2018 AGENDA

Rpt Board of Variance

b) Council Liaison Reports

i. Council Liaison Report - Councillor Orr 83 Report on the meetings of the Regional Water Supply Commission and the South Island Prosperity Project. Liaison Reports September 2018 Orr

c) CRD Report

d) Committee of the Whole Report for September 17, 2018

i. The recommendations of Committee of the Whole for September 17, 2018 were adopted that evening.

ii. Minutes 85 - 87 Staff recommendation: That the minutes of the meeting of Committee of the Whole held September 17, 2018 be approved. 2018-09-17 Committee of the Whole minutes

e) Committee of the Whole Report for September 24, 2018

i. Affordable Housing Strategy and Policy 96-COW That Council accept the Affordable Housing Strategy and Policy (September, 2018) as outlined in the staff report (September 13, 2018).

97-COW Give consideration to the financial plan and waste management plan with respect to proposed Bylaw 1464.

99-COW That motion 98-COW be referred to staff. Motion 98-COW is as follows: That Council give first & second reading to Bylaw 1464 with the following amendments: a) that "The District will" be inserted at the beginning of each of section 1 (e) (v, vi, and xii); b) Section 1 (e) (xi) is struck and replaced with the following: "The District will increase amenity contributions to support the Regional Housing Trust Fund; and c) Section 1 (g) is struck and replaced with the following: Page 5 of 127 REGULAR MEETING OF COUNCIL October 1, 2018 AGENDA

"The District may establish a design panel to review affordable housing proposals."

100-COW That Council give first and second reading to Bylaw 1465 Affordable Housing, A Bylaw to Amend the “District of North Saanich Zoning Bylaw 2011”.

101-COW That Council amend s. 1 of Bylaw 1466 to strike "fast tracking" and replace it with "expediting" then give first, second & third reading to North Saanich Development Application Procedures Bylaw No.1324 (2015) Amendment Bylaw No. 1466 Affordable Housing (2018)”.

102-COW That Council repeal Interim Policy on Rezoning upon adoption of Bylaws 1464, 1465 & 1466.

103-COW That Council refer boundaries of areas 1 and 2 to the 2019 Strategic Planning process.

ii. Minutes 89 - 91 Staff recommendation: That the minutes of the meeting of Committee of the Whole held September 24, 2018 be approved. 2018-09-24 Committee of the Whole minutes

10. BYLAWS

(a) North Saanich Board of Variance Bylaw No. 1387, 93 - 94 Amendment Bylaw No. 1463 (2018) For third reading. Staff recommendation: That North Saanich Board of Variance Bylaw No. 1387, Amendment Bylaw No. 1463 (2018) be read a third time. BOV Amending Bylaw

(b) North Saanich Official Community Plan Bylaw No. 1130 95 - 98 (2007) Amendment Bylaw No. 1464 Affordable Housing (2018) For two readings. Staff recommendation: That North Saanich Official Community Plan Bylaw No. 1130 (2007) Amendment Bylaw No. 1464 Affordable Housing (2018) be read a first and second time. 1464 OCP Amendment - Highlights only Page 6 of 127 REGULAR MEETING OF COUNCIL October 1, 2018 AGENDA

(c) North Saanich Zoning Bylaw No. 1255 (2011) Amendment 99 - 100 Bylaw No. 1465 Affordable Housing (2018) For two readings. Staff recommendation: That North Saanich Zoning Bylaw No. 1255 (2011) Amendment Bylaw No. 1465 Affordable Housing (2018) be read a first and second time. 1465 Zoning Bylaw Amendment - Affordable Housing Policy

(d) North Saanich Development Application Procedures Bylaw 101 - 103 No. 1324 (2015) Amendment Bylaw No. 1466 Affordable Housing (2018) For three readings. Staff recommendation: That North Saanich Development Application Procedures Bylaw No. 1324 (2015) Amendment Bylaw No. 1466 Affordable Housing (2018) be read three times. 1466 Development Application Procedures Amendment - Affordable Housing_Amended

11. UNFINISHED BUSINESS

12. MOTIONS AND NEW BUSINESS

13. CORRESPONDENCE

14. CORRESPONDENCE FOR COUNCIL'S INFORMATION

(a) Correspondence dated September 21, 2018 from C. Edge, 105 - 124 Executive Director, Victoria Residential Builders Association regarding Radon and the Step Code. IP Edge + 4 att

(b) Correspondence dated September 21, 2018 from H. Horie and 125 - 127 response from staff dated September 24, 2018. Staff recommendation: That the correspondence in section 14 of the agenda be received. IP Horie IP Staff response

15. IN CAMERA

16. RISE AND REPORT Page 7 of 127 REGULAR MEETING OF COUNCIL October 1, 2018 AGENDA

17. ADJOURNMENT

Page 8 of 127 Page 9 of 127

Subject to Approval District of North Saanich 1620 Mills Road Minutes of the Special Meeting of Council Monday, September 17, 2018 at 2:00 p.m.

PRESENT: Mayor A. Finall Councillors H. Gartshore J. McClintock G. Orr C. Stock M. Weisenberger

ABSENT: Councillor J. Thornburgh J. McClintock

ATTENDING: Deputy Chief Administrative Officer C. Kingsley Deputy Clerk L. Coburn

CALL TO ORDER

The Chair called the meeting to order at 2:00 p.m.

INTRODUCTION OF LATE ITEMS

APPROVAL OF AGENDA

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

500 That the agenda be approved as circulated. CARRIED

PUBLIC PARTICIPATION PERIOD

As no members of the public were present the public participation period was waived.

IN CAMERA

MOVED BY: Councillor Stock SECONDED BY: Councillor Weisenberger

501 In accordance with Section 90(1) of the Community Charter, the remainder of the meeting commencing at 2:03 p.m. be held In Camera to consider: 1. one item regarding litigation or potential litigation affecting the municipality; and

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Special Meeting of Council 2018-09-17

2. one item regarding (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

CARRIED

RISE AND REPORT

ADJOURNMENT

MOVED BY: Councillor Weisenberger SECONDED BY: Councillor Orr

502 That the meeting adjourn at 2:40 p.m. CARRIED

CERTIFIED CORRECT APPROVED AND CONFIRMED

Curt Kingsley Alice Finall Director, Corporate Services Mayor

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Subject to Approval District of North Saanich 1620 Mills Road Minutes of the Regular Meeting of Council Monday, September 17, 2018

PRESENT: Mayor A. Finall Councillors H. Gartshore J. McClintock G. Orr C. Stock M. Weisenberger

ABSENT: Councillor J. Thornburgh

ATTENDING: Acting Chief Administrative Officer C. Kingsley Director of Financial Services S. Munro Director of Planning and Community Services A. Berry Director of Infrastructure Services E. Toupin Planner A. Brett Deputy Clerk L. Coburn

1 CALL TO ORDER

The Chair called the meeting to order at 8:45 p.m.

2 PUBLIC HEARINGS

3 INTRODUCTION OF LATE ITEMS

4 APPROVAL OF AGENDA

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

503 That the agenda be approved as circulated. CARRIED

5 PUBLIC PARTICIPATION PERIOD

S. Ferguson, 1260 Laurel Road, spoke to her letter regarding the Animal Control Bylaw and expressed support for permitting horses on North Saanich beaches.

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L. Soellner, 1705 John Road, expressed support for horses being allowed on North Saanich beaches.

D. Jadresko, 8530 West Saanich Road, spoke in support of the development variance permit for his property at 8530 West Saanich Road.

J. Ellmann, 1258 Lands End Road, spoke in support of the motion to reconsider the decision with regard to the variance for a breezeway at 1258 Lands End Road.

F. McLaughlin, 455 Downey Road, spoke about the destruction of a hedgerow on Downey Road and requested that staff replant the hedgerow and camouflage the pump station.

A. Blyth, 10745 Madrona Drive, expressed concern with the removal of the hedgerow on Downey Road. She expressed concern with the lack of notice to neighbours, drainage issues that may arise, and remediation.

S. Weller, 8600 West Saanich Road, spoke on behalf of behalf of seven property owner who want to connect to the municipal sewer system.

W. Wolfe, 2093 Wood Violet Lane, expressed concern that public lands have been neglected by the District at the Eaglehurst neighbourhood. He sought clarification on when landscape maintenance would begin in the neighbourhood.

6 ADOPTION OF MINUTES

a) Minutes of the special meeting of Council held August 20, 2018.

b) Minutes of the regular meeting of Council held August 20, 2018.

c) Minutes of the special meeting of Council held September 6, 2018.

MOVED BY: Councillor Stock SECONDED BY: Councillor Weisenberger

504 That the minutes of the special meeting of Council held August 20, 2018, the regular meeting of August 20, 2018 and the special meeting of September 6, 2018 be approved. CARRIED

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Weisenberger

505 That staff be directed to request a meeting with the Minister of Transportation and Infrastructure regarding BC Ferries Terminal Redevelopment Plan. CARRIED

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7 PETITIONS AND DELEGATIONS

8 MAYOR'S REPORT

The Mayor noted her attendance at the opening of the dry stone bridge at Dominion Brook Park on September 8, 2018 with Councillors Orr, Gartshore and Weisenberger.

The Mayor noted her attendance, with Councillors Stock, Gartshore, Orr and the Chief Administration Officer, at UBCM.

9 REPORTS

a) STAFF REPORTS

i. Bank Signing Authority - Manager of Financial Services Term Position Report dated September 10, 2018 from the Director of Financial Services

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

506 That Council authorizes Meghan Mason, Manager of Financial Services, as a bank signing authority for the District. CARRIED

ii. Request for authorization to enter into a latecomer agreement for the construction of a water main extension on Maple Road to service the proposed subdivision at 1105 Cypress Road. Report dated August 15, 2018 from the Approving Officer/Director of Planning and Community Services and the Director of Infrastructure Services

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

507 That Council: a) Direct staff to prepare and enter into a Latecomer Agreement for a period of 15 years for the construction of the water main extension along Maple Road, from Heather Road to the termination of the main 25 meters west of the easterly property line at 1105 Cypress Road; AND b) Direct staff to pursue Option A (I), as outlined in Table 1 in the Discussion section of this report dated August 15, 2018, to establish the procedure for latecomer charges on lots with existing water connections; AND c) Authorize the proposed latecomer rate calculations in Option A (I) for the Latecomer Agreement as identified in the staff report dated August 15, 2018; AND d) Issue a letter to the seven neighbouring property owners advising them of the opportunity to connect to the water main extension. CARRIED

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iii. 8530 West Saanich Road - Development Variance Permit: Accessory Building Report dated September 17, 2018 from the Planner

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

508 That Council deny the Development Variance Permit (DVP 2018-05) application for 8530 West Saanich Road. CARRIED

iv. Financial and Resource Implications of Using PlaceSpeak Report dated July 27, 2018 from the Director of Corporate Services

MOVED BY: Councillor Orr SECONDED BY: Councillor Stock

509 That Council receive the report for information. CARRIED

v. Parks, Facilities and Buildings Naming Policy Report dated August 8, 2018 from the Chief Administrative Officer

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

510 That Council: 1. receive the Naming policy for Municipal Parks, Buildings and Facilities; 2. refer the report to the Community Stewardship Commission and the Community Advisory Commission for recommendation; and 3. that staff enhance provision 6.0 "Recognition of Heritage" in the draft policy. CARRIED

vi. Request for Cultural Monitoring for West Saanich Bike Lane Project Report dated September 13, 2018 from the Director of Infrastructure Services

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

511 That Council grant the request from Tseycum First Nation to provide cultural monitoring of excavation works for the duration of the West Saanich Road bike lane project in areas where the archaeological monitoring is not required. CARRIED OPPOSED: Councillor Weisenberger

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b) COUNCIL LIAISON REPORTS

c) CRD REPORT

d) COMMITTEE OF THE WHOLE REPORT FOR AUGUST 20, 2018

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

512 That the minutes of the meeting of Committee of the Whole held August 20, 2018 be approved. CARRIED

e) COMMITTEE OF THE WHOLE REPORT FOR SEPTEMBER 6, 2018

MOVED BY: Councillor Orr SECONDED BY: Councillor Gartshore

513 That staff be directed to examine term limits for Council appointments of resident members to external bodies such as the Peninsula Recreation Commission and the Saanich Peninsula Water and Wastewater Commissions. CARRIED

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

514 That the Strategic Plan Report be received. CARRIED

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

515 That the minutes of the meeting of Committee of the Whole held September 6, 2018 be approved. CARRIED

f) COMMITTEE OF THE WHOLE REPORT FOR SEPTEMBER 17, 2018

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

516 That the recommendations of Committee of the Whole for September 17, 2018 be approved. CARRIED

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10 BYLAWS

a) North Saanich Zoning Bylaw No. 1255, Amendment Bylaw No. 1461 (2018) [re: ALR Cannabis Production]

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Orr

517 That North Saanich Zoning Bylaw No. 1255, Amendment Bylaw No. 1461 (2018) be read a third time.

CARRIED OPPOSED: Councillors McClintock and Stock

b) North Saanich Business Bylaw No. 1349 (2013) Amendment Bylaw No. 1462 (2018) [re: Cannabis production and sale]

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Orr

518 That North Saanich Business Bylaw No. 1349 (2013) Amendment Bylaw No. 1462 (2018) be read a third time. CARRIED OPPOSED: Councillors McClintock and Stock

11 UNFINISHED BUSINESS

12 MOTIONS AND NEW BUSINESS

a) Development Permit Application 1258 Lands End Road Pursuant to s. 26 of the Council Procedures Bylaw Councillor Gartshore requests Council reconsider the following resolution considered and defeated August 20, 2018: That Council approve the Development Variance Permit (DVP 2018-03) application for 1258 Lands End Road subject to the terms and conditions contained within the draft Development Variance Permit.

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

519 That Council reconsider resolution #464 regarding 1258 Lands End Road. CARRIED OPPOSED: Mayor Finall, Councillor Weisenberger

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MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

520 That Council approve the Development Variance Permit (DVP 2018-03) application for 1258 Lands End Road subject to the terms and conditions contained within the draft Development Variance Permit.

Staff recommended against approval of the DVP without the required legislative notification.

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Orr

521 That Council waive the requirement for a six-month waiting period to reconsider development permit application 2018-03 for 1258 Lands End Road. CARRIED OPPOSED: Mayor Finall, Councillor Weisenberger

A point of order was raised regarding the subject matter of debate and was upheld by the Chair.

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

522 That staff re-issue the notification of the development permit application as per the notification requirements of the Local Government Act. CARRIED OPPOSED: Mayor Finall

13 CORRESPONDENCE

a) Correspondence regarding hedgerow on Downey Road: 1. Dated August 9, 2018 from T. Fleming and F. McLaughlin and response dated September 10, 2018 from staff; 2. Dated August 31, 2018 from A. Blyth, J. Blyth, and H. Blyth and response dated September 4, 2018 from staff.

MOVED BY: Councillor Stock SECONDED BY: Councillor Weisenberger

523 That the correspondence from T. Fleming and F. McLaughlin, and from A. Blyth, J. Blyth, and H. Blyth be received. CARRIED

MOVED BY: Councillor Orr SECONDED BY: Councillor Gartshore

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524 That Council refer to Strategic Planning 2019 to review options with respect to notifications associated with subdivision applications. CARRIED

b) Correspondence dated August 15, 2018 from G. Schorle, with petition, regarding reopening of beach access at Glenelg Avenue and Glynnwood Park Road.

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Weisenberger

525 That Council refer the request regarding the beach at Glenelg Avenue and Glynnwood Park Road in the correspondence dated August 15, 2018 from G. Schorle to the Strategic Planning 2019 discussion. CARRIED

c) Correspondence dated August 22, 2018 from J. and P. Ellmann regarding a development variance permit for 1258 Lands End Road.

MOVED BY: Councillor Orr SECONDED BY: Councillor Gartshore

526 That the correspondence dated August 22, 2018 from J. and P. Ellmann be received. CARRIED

d) Correspondence dated August 22, 2018 from A. Fisher regarding the Dunsmuir Trails.

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

527 That the correspondence dated August 22, 2018 be received and that Ms. Fisher be advised of Council's resolution on August 20, 2018: That Council request the University of Victoria to honour its commitment to build a north/south trail beside the existing access driveway from McTavish Road to Homewood Health providing access to John Dean Park and to commence construction of that trail forthwith. Further, that Ms. Fisher be advised that the matter will be before Council on October 1, 2018. CARRIED

e) Correspondence dated August 23, 2018 from S. Sleight, Saanich Peninsula Literacy, requesting a Council member for the Saanich Peninsula Literacy Task Group.

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Orr

528 That the correspondence dated August 23, 2018 from S. Sleight, Saanich Peninsula Literacy, be received and Council appoint a member to the Task Group for 2019.

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The motion was withdrawn.

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Orr

529 That the correspondence dated August 23, 2018 from S. Sleight, Saanich Peninsula Literacy, be received and the appointment be added to the list of annual appointments to be considered at the inaugural meeting on November 5, 2018. CARRIED

f) Correspondence dated August 28, 2018 from E. Bellinger regarding the 2018 Good Food Summit.

MOVED BY: Councillor Orr SECONDED BY: Councillor Gartshore

530 That Council receive the correspondence from E. Bellinger and provide $500.00 in financial support of the 2018 Good Food Summit. CARRIED

g) Correspondence dated August 28, 2018 from H. Horie regarding seven suggestions.

MOVED BY: Councillor Weisenberger SECONDED BY: Councillor Orr

531 That the correspondence dated August 28, 2018 from H. Horie be received. CARRIED

h) Correspondence dated August 30, 2018 from K. and J. McLaren regarding dead cedar trees and staff response.

MOVED BY: Councillor Orr SECONDED BY: Councillor Gartshore

532 That the correspondence dated August 30, 2018 from K. and J. McLaren be received. CARRIED

i) Correspondence dated September 8 and 12 from S. Ferguson regarding horses on Pat Bay beach.

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

533 That the correspondence dated September 8 and 12 from S. Ferguson be received and referred to staff. CARRIED

MOVED BY: Councillor Orr SECONDED BY: Councillor Weisenberger

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534 That the correspondence dated September 8 and 12, 2018 from S. Ferguson be referred to staff to be considered at 2019 Strategic Planning. CARRIED

j) Correspondence dated September 9, 2018 from Eaglehurst residents regarding landscaping. Correspondence dated September 9, 2018 from M. and W. Wolfe [item 14 (a)].

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

535 That the correspondence dated September 9, 2018 regarding landscaping at Eaglehurst be received and referred to staff. CARRIED

MOVED BY: Councillor Weisenberger SECONDED BY: Councillor Orr

536 That the correspondence dated September 9, 2018 and the correspondence from M. and W. Wolfe be referred to Strategic Planning session for 2019 for discussion. DEFEATED OPPOSED: Mayor Finall, Councillors Gartshore, McClintock, and Orr

k) Correspondence dated September 10, 2018 from S. Weller regarding Municipal Sewer Connection.

MOVED BY: Councillor Stock SECONDED BY: Councillor Orr

537 That the meeting proceed past 11:00 p.m. CARRIED OPPOSED: Councillors McClintock and Weisenberger

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Stock

538 That the correspondence dated September 10, 2018 from S. Weller be referred to the new Council after the election. CARRIED

14 CORRESPONDENCE FOR COUNCIL'S INFORMATION

a) Correspondence dated August 11, 2018 from Eaglehurst residents regarding landscaping. [Item 13 (j)]

b) Correspondence dated August 14, 2018 from L. Hutcheson, General Manager, Parks & Environmental Services, CRD regarding Horth Hill.

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c) Correspondence dated August 15, 2018 from T. Faganello and G. MacIsaac, Green Communities Committee, regarding Level 3 recognition of the District of North Saanich.

d) Correspondence dated August 17, 2018 from R. Chown regarding fire hazards in Dean Park and new trail debris.

e) Correspondence dated August 20, 2018 from S. Brice, Chair, Victoria Regional Transit Commission, regarding Transit Future Plan Update.

f) Correspondence dated August 31, 2018 from L. Jones, and S. Howard, Canadian Federation of Independent Business, regarding Municipal Red Tape Challenge.

g) Correspondence dated September 4, 2018 from D. Tonken, PROW, regarding the Marine Task Force Recommendations.

h) Correspondence dated September 11, 2018 from the Medical Health Officers, Island Health, regarding a public health approach to non-medical cannabis.

MOVED BY: Councillor Stock SECONDED BY: Councillor Weisenberger

539 That the correspondence in section 14 of the agenda be received. CARRIED

15 IN CAMERA

16 RISE AND REPORT

a) At its meeting July 16, 2018 Council rose and reported on resolution 82-IC: That the Home Occupation sections of the Zoning Bylaw be referred to the 2019 Strategic Planning session.

b) At its meeting September 6, 2018 Council rose and reported on resolution 97-IC: That the District of North Saanich is conducting an executive search for a new Chief Administrative Officer and hiring will be completed by the newly elected Council after the October 20, 2018 election.

17 ADJOURNMENT

MOVED BY: Councillor Weisenberger SECONDED BY: Councillor Stock

540 That the meeting adjourn at 11:19 p.m. CARRIED

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CERTIFIED CORRECT APPROVED AND CONFIRMED

Curt Kingsley Alice Finall Director, Corporate Services Mayor

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Subject to Approval District of North Saanich 1620 Mills Road Minutes of the Special Meeting of Council Monday, September 24, 2018

PRESENT: Mayor A. Finall Councillors H. Gartshore J. McClintock G. Orr C. Stock M. Weisenberger

ABSENT: Councillor J. Thornburgh

ATTENDING: Acting Chief Administrative Officer C. Kingsley Director of Financial Services S. Munro Director of Planning and Community Services A. Berry Senior Planner C. Breen Deputy Clerk L. Coburn

CALL TO ORDER

The Chair called the meeting to order at 9:22 p.m.

INTRODUCTION OF LATE ITEMS

APPROVAL OF AGENDA

MOVED BY: Councillor Stock SECONDED BY: Councillor Gartshore

541 That the agenda be approved as circulated. CARRIED

PUBLIC PARTICIPATION PERIOD

As there was no one present who wished to address Council the public participation period was waived.

REPORTS

a) Upgrade of Council Chambers Microphone System Report dated September 17, 2018 from the Director of Financial Services

MOVED BY: Councillor Stock

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SECONDED BY: Councillor Orr

542 That Council approve the upgrade of the council chambers microphone system in 2018 at a cost of $34,000 with the upgrade funded from the Office Equipment Replacement Fund. CARRIED

ADJOURNMENT

MOVED BY: Councillor Gartshore SECONDED BY: Councillor Weisenberger

543 That the meeting adjourn at 9:26 p.m. CARRIED

CERTIFIED CORRECT APPROVED AND CONFIRMED

Curt Kingsley Alice Finall Director, Corporate Services Mayor

Clerk Mayor Delivering municipal services through healthy natural assets: introduction

Presentation to North Saanich Council Roy BROOKE Monday, October 1, 2018 Page 25 of 127 Purpose of Presentations

• Introduction to municipal natural asset management & MNAI • Implications / opportunities in BC Page 26 of 127 Re-cap: Counting on nature

Problem: Canada’s built infrastructure is in Solution: Make natural capital countless costly, trouble – costly and failing longer-term solution Page 27 of 127 Credit: Wayan Votaa An evolution

Then: • Natural assets over-used & under- valued • Valuation a challenge • No structured approach to assets and/or understanding of natural capital role

• Now: • Uptake of standard methodology focused on service delivery

• Better valuation tools and methods Page 28 of 127 Starting point: Town of Gibsons, B.C. Page 29 of 127 Original community pilots

City of Nanaimo Town of Oakville, Ontario District of West Vancouver, BC Page 30 of 127

Region of Peel Grand Forks, B.C. MNAI: Making the idea scalable, repeatable

Second national Nov 2015 December 2017 cohort consultations 5 pilots wrap up MNAI in BC watershed

MNAI in ON watershed April 2016 5 pilots across Canada Enabling research launch

… Page 31 of 127 Who is on board?

Convening partners

Donors

Collaborators and technical partners Page 32 of 127 Implications

1. Current RFEOI 2. Medium-term: other initiatives 4. PSAB consultations Page 33 of 127 More Information: MNAI.ca

www.facebook.com/muni Follow us at cipalnaturalassets/

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District of North Saanich STAFF REPORT

To: Mayor and Council Date: August 3, 2018

From: Rob Buchan File: CAO

Re: First Nations Relations

RECOMMENDATIONS:

1) The First Nation Council liaisons share this report with the W$ANEO First Nations. 2) The report be referred to the newly elected Mayor and Council for their further consideration. 3) The newly elected Mayor and Council invite the WSANECFirst Nations Chiefs to a meeting to seek their input into the options.

INTRODUCTION/BACKGROUND:

At its July 11, 2018 meeting, Council directed staffto prepare a report which presents options to enhance the relationship with both Tseycum and Pauquachin First Nation communities.

In preparing the options listed in the Discussion/Options section, staff canvassed a number of local governments, the Panorama Recreation Centre administration, and have reviewed a number of reports including: Guide to Community to Community Forums in British Columbia, Kitchen Table Dialogue guide (Reconciliation Canada), Truth and Reconciliation Commission of Canada: Calls to Action, Public Service Action for Reconciliation: Plan, Educate, Engage (Institute of Public Administration of Canada, 2017,(IPAC)), and Pathways to Reconciliation (FCM).

North Saanich currently has a relationship agreement with Tseycum First Nation signed in 2007.

DISCUSSION/OPTIONS:

The Truth and Reconciliation Commission of Canada: Calls to Action report presented 94 calls to action. In reviewing these, there are several that Council could consider for local action. These focus on awareness, education and training, and support of First Nations’ culture. Council has already addressed a resolution in response to the United Nations recommendation on aboriginal rights as follows: Page 36 of 127

RobBuchan, Chief Administrative Officer Page 2 Re: First Nations

That Council: (a) declares that the District ofNorth $aanich is committed to learningfrom the lessons of the Truth and Reconciliation Commission, and taking action to ensure the needs and aspirations of Indigenous peoples are fully acknowledged, (b) is committed to a renewed nation to nation relationship with Indigenous people based on truth, dignity and mutual respect and on recognition of rights, co-operation and partnership; (c) is committed to honouring the Truth and Reconciliation Commission ‘s Calls to Action by supporting in a practical way the followingpathways to reconciliation: (i) fostering communities, alliances and hope, to demonstrate the District’s commitment to reconciliation; (ii) advancing awareness and recognizing rights, to commit to truth-telling and commemoration; (iii) improving health and wellness initiatives.

The IPAC report indicates that in response to the Truth and Reconciliation Calls to Action report, it has made reconciliation and building new relationships with indigenous governments and peoples one of its long term strategic priorities. This is an action that North $aanich may wish to consider during its next Strategic Planning updates. IPAC has three principle categories of actions: I. Creating regular opportunities for learning exchanges between non- indigenous and Indigenous administrators; II. Building the capacity of non-Indigenous peoples, their governments and agencies; and, III. Partnering with others to support the growth of administrative expertise, innovation and best practices in Indigenous government.

The Pathways to Reconciliation report identifies three broad paths to reconciliation. I. Fostering Communities, Alliances and Hope. This captures actions that demonstrate municipal government commitment to reconciliation. II. Advancing Awareness and Recognizing rights. This describes efforts to continue the work of the Truth and Reconciliation Commission in regards to truth-telling and commemoration and to address the cultural genocide that was the Indian residential school system. III. Improving Health and Wellness. This captions actions to close the inequality gap between Indigenous and non-indigenous people in Canada.

The Province of British Columbia and Union of British Columbia Municipalities have an established program for funding Community to Community forums. North Saanich has previously attempted to organize such forums with Tseycum. These provide an opportunity to build and enhance relationships. A rough budget for each forum would be in the order of $6,000.00.

Reconciliation Canada has recognized the importance of broad public engagement and support for reconciliation and strong relationships with First Nations peoples. To this end, Reconciliation Canada has provided a guide for small group ‘Kitchen Table Dialogues’. Accordingly, Council may wish to undertake or support some activities and public events that are focused on developing understanding and Page 37 of 127

Rob Buchan, Chief Administrative Officer Page 3 Re: First Nations

awareness of First Nations culture and history collaboratively with the local First Nations.

One learning opportunity for exploring First Nations history is the Blanket Exercise developed by Kairos Canada (http://kairoblanketexercise.org/. These are experiential workshops that focus on the First Nations’ experience of colonization.

After reviewing the above referenced reports and consultations, the following options are presented for Council consideration:

1) Including Indigenous reconciliation and relationship building as a core Strategic Plan goal. 2) Sponsoring learning exchanges for North Saanich, Tseycum and Pauquachin administrative staff and elected officials. 3) Undertaking cultural awareness training for North $aanich staff and Elected Officials. 4) Sponsoring a First Nations “Blanket Exercise”. 5) Work with First Nations to identify common interests and develop a work plan to address those Strategic priorities important to First Nations that are within the mandate of Local Government. 6) Partnering with Tseycum, Pauquachin, Tsawout and Tsartlip to develop a history of First Nations on the Saanich Peninsula. 7) To address capacity building, sponsor Tseycum and Pauquachin administrative staff attendance at relevant Municipal Administrative Training Institute programs. 8) To encourage health and fitness, support the Panorama Recreation Commission in its initiatives with local First Nations which develop and implement accessible programs 9) Including regular funding in its annual budget to facilitate community forums with Tseycum and Pauquachin First Nations. 10) Directing the Mayor and CAO to request regular meetings with Tseycum and Pauquachin First Nation Chiefs and Administrators to discuss opportunities for community forum topics and dates. 11) Funding small group facilitators should some resident groups wish to have assistance in Kitchen Table group discussions. 12) Publishing the opportunity for small group discussions and facilitators on the municipal website and newsletter. 13) Develop a relationship agreement with the Pauquachin First Nation and undertake to renew the relationship agreement with Tseycum First Nation. 14) Prepare an official statement of reconciliation.

In addition to the above staff are aware that there is First Nation interest in potential archaeological impacts when construction occurs in North $aanich. We are also aware that there is First Nation interest in indigenous food sources. These may be areas that could be explored by North $aanich with the interested First Nations. Page 38 of 127

Rob Buchan, Chief Administrative Officer Page 4 Re: First Nations

15) Explore support for First Nations access to healthy indigenous food sources. 16) Working with First Nations to develop archaeological protocols for construction and development in North Saanich.

There will be resource implications associated with each one of these options. Once Council has determined which to investigate further, staff can provide more information on resource requirements.

CONSULTATIONS:

Council should undertake consultations with our First Nation neighbours prior to giving further consideration to the 16 options listed in this report.

RE COMMENDATION

It is recommended that: 4) The First Nation Council liaisons share this report with the WSANE First Nations. 5) The newly elected Mayor and Council invite the Tseycum and Pauquachin Chiefs to a meeting to seek their input into the options. 6) The report be referred to the newly elected Mayor and Council for their further consideration.

Res ectfull ubmitted,

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a STAFF of non-profit for tax general a the of local for properties permissive profit exemption the organization. XAXE Bylaw. non-profit Taxation authority; statutory Community organizations; organizations

(Sacred) REPORT (including tax and groups exemption exemption Under Society, a Chatter. list land that that this of a Page 39 of 127 Page 40 of 127

Rob Buchan, ChiefAdministrative Officer Page 2 Re: 2019 Permissive Property Tax Exemptions

. Hospitals or Community Care Facilities; . Places of public worship; and . Properties owned or held by an athletic or service club or association and used as a public park or recreation ground or for public athletic or recreational purposes.

The District received one new application for a 2019 permissive property tax exemption which is attached as Appendix A. In addition to the applicant, properties that were granted permissive property tax exemptions for 201$ are presented in Appendix Bfor consideration again this year.

In accordance with the Community Charter a bylaw must be prepared and adopted before October 31st of any given year for the subject properties to be exempt from taxes in the following tax year.

DISCUSSION:

New Application

BOkEcENXAXE(Sacred) Society

BOIEEN XAXE(Sacred) Society (the “Society”) is a registered Society whose primary goals include the preservation of spiritually significant lands and deepening the knowledge and understanding of the BOkEcEN system of spiritual beliefs, culture and traditions among the BOkEEN people and among invited guests. The application indicates that the property is being held in its natural state, and is being used from time to time by the Society and its invited guests for BOIEEN spiritual and/or cultural ceremonies and practices.

The application is unique and may require consideration outside the scope of properties that the District currently exempts, which includes properties held by other governments, churches and senior homes. The property meets the two conditions in section 224 2(a) of the Community Charter, in that the land is held by the Society, which is a not for profit organization, and appears to be used for a purpose directly related to the purposes of the Society as outlined in its constitution and bylaws which are attached to the application. If Council should deem the Society’s activities as deserving of an exemption on a year by year basis, approval of this application is recommended.

Approving this application for permissive exemption would exempt the Society from an estimated $22,534 in municipal taxes and $43,462 in total taxes.

Properties Considered for Exemption

The properties considered for exemption are summarized in Appendix B. They include the new applicant for 2019 and all properties approved for permissive tax exemptions in 201$. Properties that have been approved in the prior year are brought forward for consideration in the following year.

FINANCIALIMPLICATIONS:

The estimated municipal taxes forgone for the properties included in Appendix B amount to $159,106 for 2019.

LEGALIMPLICATIONS:

Under the Community Charter, Council may exempt properties that meet the conditions; however it is not required. Page 41 of 127

Rob Buchan, ChiefAdministrative Officer Page 3 Re: 2019 Permissive Property Tax Exemptions

SUMMARY/CONCLUSION:

Each year Council considers granting permissive property tax exemptions to properties in the District that meet the conditions in section 224 of the Community Charter. In considering the proposed exemptions, Council has the opportunity to assess the financial impact in view of other financial needs and provide exemptions from an informed perspective on a year by year basis. In advance of the October 315t deadline, staff submits the following recommendation.

RECOMMENDATIONS:

That Council:

1. Approve properties that were a granted tax exemption in 2018 a permissive tax exemption again for 2019; 2. Consider whether it wishes to provide a new applicant, the BOkEEN XAXE(Sacred) Society, a permissive tax exemption for 2019; and 3. Direct staffto prepare the 2019 North Saanich Exemption from Taxation Bylaw.

Respectfully submitted, Concurrence:

Stephanie Munro Director of Financial Services Chief Administrative Officer Page 42 of 127 Page 43 of 127

APPENDIX A BOḰEĆEN XAXE (Sacred) Society 9010 West Saanich Road, North Saanich, BC V8L 5W4

September 27, 2018

District of North Saanich 1620 Mills Road, North Saanich, BC V8L 5S9 Attention: Mayor and Council

Via Email: [email protected]

Re: BOḰEĆEN XAXE (Sacred) Society (the “Society”)’s application for a 2019 permissive tax exemption (the “Application”) for a property legally described as PID 030-367-514 and commonly known as a 75-acre parcel of the former Dunsmuir Lands (the “Property”)

Dear Mayor and Council,

We wish to extend our thanks to Mayor Finall for taking the time to meet with Chief Rebecca David and I last week regarding the Application.

In that meeting, Mayor Finall suggested that the Application would be enhanced if we included additional information about the Society and our reasons for pursuing a tax exemption. This letter contains such additional information and is intended to be reviewed by Mayor and Council alongside the Application and the Society’s bylaws and constitution.

The Society is a religious organization that was incorporated under the BC Societies Act by Pauquachin First Nation (“Pauquachin” or the “Nation”) in May of 2017. Under the Society’s bylaws, Pauquachin is the sole member and as such, it appoints the Society’s directors.1

The timing of the Society’s incorporation was driven by Pauquachin’s plans to buy the Property from UVic, and its need to find a suitable legal entity that could act as purchaser. However, Pauquachin’s intention all along has been for the Society to not just hold title to the Property, but to become an independent organization run by a volunteer board of directors that is striving to achieve the primary goals that are set out in the Application.

1 Note that each of the four directors that Pauquachin initially appointed are also Pauquachin councillors. However, the intention is for the two groups to include different individuals as the Society becomes more active. Page 44 of 127

BOḰEĆEN XAXE (Sacred) Society 9010 West Saanich Road, North Saanich, BC V8L 5W4

The goals set out in the Application are all about supporting and strengthening the BOḰEĆEN system of spiritual beliefs. These goals correlate with three spheres of activity, which will be the basis for the Society’s application to Canada Revenue Agency for charitable status: 1. Preserving spiritually significant lands in their natural state; 2. Supporting adherents in their practice of sacred BOḰEĆEN ceremonies; and 3. Educating the broader community about BOḰEĆEN system of spiritual beliefs, culture and traditions. Like all religious organizations, some of the Society’s activities will be directed internally towards adherents, while others will be directed outwards to the community at large. And, just like other religious organizations that hold private property, there will be times when the activities that take place on private property will be open to public participation, and other times when only adherents will be present. Determining when activities are open to the boarder public will always be guided by BOḰEĆEN spiritual teachings.

An example of the types of activities that the Society plans to undertake that are directed towards the community at large can be found in Pauquachin’s recent partnership with the Saanich School District. In this partnership, a Pauquachin cultural ambassador has been leading trips of school children onto LÁU,WELNEW (Mount Newton) and the Property. The children have the chance to hear the W̱ SÁNEĆ language and experience BOḰEĆEN stories, all while being in the rich natural environment that the Society is mandated to preserve and maintain. Going forward, Pauquachin intends to transition the management and operation of this type of programming from the Nation to the Society.

We recognize that the Society is a young organization and is likely new to Mayor and Council, and that this may be somewhat unusual for an organization seeking a tax exemption. We also recognize that the Application is somewhat unique due to the close relationship between the Society and Pauquachin. While we feel that the information we have provided in this letter and the Application itself is sufficient for Mayor and Council to grant the Application on its merits, we also feel that granting the Application is strongly supported by the mutual desire of Pauquachin and the District of North Saanich to build and maintain a positive relationship going forward.

With respect to the Society’s 2018 property tax obligation, we note that BC Assessment has told us very recently that it intends to lower the valuation of the Property, from $9,860,000 to $2,600,000. The directors of the Society plan to discuss this new valuation internally and respond to BC Assessment in the coming weeks. We will keep North Saanich staff informed of our response.

Page 45 of 127

BOḰEĆEN XAXE (Sacred) Society 9010 West Saanich Road, North Saanich, BC V8L 5W4

In closing, we look forward to appearing at the upcoming meeting of Council on October 1, 2018 to speak in support of the Application and answer any questions you may have.

Sincerely,

BOḰEĆEN XAXE (Sacred) Society Per:

Darlene Henry, Director

Cc: Chief Rebecca David, Pauquachin First Nation Stephanie Munro, Director of Financial Services, District of North Saanich

Encl: BOḰEĆEN XAXE (Sacred) Society Application for a 2019 Permissive Tax Exemption BOḰEĆEN XAXE (Sacred) Society Certificate of Incorporation BOḰEĆEN XAXE (Sacred) Society Constitution BOḰEĆEN XAXE (Sacred) Society Bylaws

Page 46 of 127

APPENDIX A Page 47 of 127 Page 48 of 127 Page 49 of 127 Page 50 of 127 Page 51 of 127 Page 52 of 127 Page 53 of 127 Page 54 of 127 Page 55 of 127

Number: S0067443

Societies Act Certificate of Incorporation

BOKECEN XAXE (SACRED) SOCIETY

I Hereby Certify that ~

BOKECEN XAXE (SACRED) SOCIETY was incorporated under the Societies Act on May 12, 2017 at 03:32 PM Pacific Time.

Issued under my hand at Victoria, British Columbia

CAROL PREST REGISTRAR OF COMPANIES PROVINCE OF BRITISH COLUMBIA CANADA

ELECTRONIC CERTIFICATE Page 56 of 127 Page 57 of 127

CONSTITUTION BC Society • Societies Act

CERTIFIED COPY NAME OF SOCIETY: BOKECEN XAXE (SACRED) SOCIETY Of a document filed with the Province of British Columbia Registrar of Companies Incorporation Number: S0067443 Business Number: 71396 6729 BC0001

CAROL PREST Filed Date and Time: May 12, 2017 03:32 PM Pacific Time

The name of the Society is BOKECEN XAXE (SACRED) SOCIETY

The purposes of the Society are:

(a) to advance religion by preserving the natural state of lands that are spiritually significant within the BOKECEN system of spiritual beliefs, (b) to advance religion by encouraging, facilitating, and supporting adherents to the BOKECEN system of spiritual beliefs to practice sacred BOKECEN ceremonies, including but not limited to ceremonies that are tied to spiritually significant lands, as well as ceremonies that are not site-specific, (c) to advance religion by deepening the knowledge and understanding of the BOKECEN system of spiritual beliefs among adherents, (d) to deepening knowledge and understanding of BOKECEN culture and traditions among adherents as well as their invited guests, and (e) to advance religion by supporting charities or other qualifying organizations that advance the BOKECEN system of spiritual beliefs.

BC Registries and Online Services Incorporation Number S0067443 www.gov.bc.ca/Societies Page 1 of 1 Page 58 of 127 Page 59 of 127

Filed Date and Time: May 12, 2017 03:32 PM Pacific Time

BYLAWS

PART 1 - DEFINITIONS AND INTERPRETATION

Definitions

1.1 In these Bylaws:

“Act” means the Societies Act of British Columbia as amended from time to time;

“Band Council” means the elected chief and councillors of Pauquachin Council;

“Band Council Resolution” means a resolution duly adopted of the Band Council;

“Board” means the directors of the Society;

“Bylaws” means these Bylaws as altered from time to time;

“director” means an individual person, but does not include a corporate person, who has been appointed as a director of the Society in accordance with these Bylaws and has not ceased to be a director;

“Indian Act” means the Indian Act, R.S.C. 1985, C. I-5 as amended from time to time and the regulations thereto;

“Member” means the member of the Society, which is Pauquachin First Nation, being a band within the meaning given to “band” in subparagraph 2(1) of the Indian Act;

“Member Delegate” means the delegate appointed by the Member in accordance with article 3;

“Member Delegate Register” means the Society’s official record listing the name and contact information of the Member Delegate;

“religion” means the BOḰEĆEN system of spiritual beliefs and practices together with BOḰEĆEN cultural practices that are closely associated with this system of spiritual beliefs and practices.

Definitions in Act apply

1.2 The definitions in the Act apply to these Bylaws.

Conflict with Act or regulations

1.3 If there is a conflict between these Bylaws and the Act or the regulations under the Act, the Act or the regulations, as the case may be, prevail.

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PART 2 - MEMBERS

Membership

2.1 The only member of the Society is Pauquachin First Nation.

Duties of the member

2.2 The Member must uphold the constitution of the Society and must comply with these Bylaws.

Dues

2.3 There will be no annual or other membership dues.

PART 3 - MEMBER DELEGATE

Appointment and representation

3.1 (a) The Member must appoint one member delegate to represent and vote on behalf of the Member at general meetings of the Society, on ordinary resolutions and on special resolutions.

(b) The appointment of the Member Delegate is made by the Member delivering to the Society a Band Council Resolution that names the appointee and the Member Delegate signing the Member Delegate Register.

(d) The Member Delegate must represent only the interests of the Member.

(e) The Member Delegate appointed under (a) remains a member delegate at the pleasure of the Member or as otherwise provided in these bylaws.

Qualifications of member delegate

3.2 The Member Delegate

(a) must be at least 18 years old,

(b) must be of sound mind and capable of managing their own affairs,

(d) must not have been convicted in the previous five years of an offence dealing with fraud or business,

(e) must have signed the Member Delegate Register designating their consent to be the Member Delegate, and

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(f) must not be a director.

Rights of member delegate upon notice to Society

3.3 After receipt by the Society of notice of the appointment of a member delegate, the Member Delegate is entitled to

(a) receive notice of general meetings of the Society,

(b) attend and participate in general meetings, and

Authority to bind

3.4 The Member Delegate is deemed for all purposes under these bylaws to have the authority to bind the Member by a decision he or she has made under these bylaws.

No verification by Society

3.5 The Society is not responsible for verifying the legal validity of the Member Delegate or for ensuring compliance with any instructions given by the Member to the Member Delegate.

Removal of member delegate

3.6 A person is removed as the Member Delegate upon

(a) receipt by the Society of a Band Council Resolution confirming the termination or replacement of its member delegate,

(b) receipt by the Society of the resignation in writing of the Member Delegate, or

Replacement

3.7 If a person is removed as the Member Delegate, the Member may appoint a replacement member delegate in accordance with section 3.1(a).

Duties of the Member and Member Delegate

3.8 The Member and Member Delegate must uphold, observe and perform the obligations and duties of membership under the constitution, the bylaws and applicable law. Without limiting the foregoing, neither the Member nor the Member Delegate will accept remuneration or other benefit from the Society, except as otherwise contemplated by the Society’s constitution and these bylaws.

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PART 4 - GENERAL MEETINGS

Time and place of general meeting

4.1 A general meeting must be held at the time and place the Board determines.

Ordinary business at general meeting

4.2 At a general meeting, the following business is ordinary business:

(a) adoption of rules of order;

(b) consideration of any financial statements of the Society presented to the meeting;

(d) election or appointment of directors;

(e) appointment of an auditor, if any;

(f) business arising out of a report of the directors not requiring the passing of a special resolution.

Notice of special business

4.3 A notice of a general meeting must state the nature of any business, other than ordinary business, to be transacted at the meeting in sufficient detail to permit the Member receiving the notice to form a reasoned judgment concerning that business.

Chair of general meeting

4.4 The following individual is entitled to preside as the chair of a general meeting:

(a) the individual, if any, appointed by the Board to preside as the chair;

(b) if the Board has not appointed an individual to preside as the chair or the individual appointed by the Board is unable to preside as the chair,

(i) the president,

(ii) the vice-president, if the president is unable to preside as the chair, or

(iii) one of the other directors present at the meeting, if both the president and vice-president are unable to preside as the chair.

01329237-8 Page 63 of 127

Alternate chair of general meeting

4.5 If there is no individual entitled under these Bylaws who is able to preside as the chair of a general meeting within 15 minutes from the time set for holding the meeting, the Member Delegate must elect an individual present at the meeting to preside as the chair.

Member Delegate must be present at general meetings

4.6 Business, other than the election of the chair of the meeting and the adjournment or termination of the meeting, must not be transacted at a general meeting unless the Member Delegate is present.

Member Delegate not present at commencement of meeting

4.7 If, within 30 minutes from the time set for holding a general meeting, the Member Delegate is not present,

(a) in the case of a meeting convened on the requisition of the Member, the meeting is terminated, and

(b) in any other case, the meeting stands adjourned to the same day in the next week, at the same time and place, and if, at the continuation of the adjourned meeting, the Member Delegate is not present within 30 minutes from the time set for holding the continuation of the adjourned meeting, any member of the Band Council of Pauquachin First Nation who is not also a director of the Society may be deemed by the directors present at the meeting to be a delegate of the Member for purposes of conducting that meeting. For greater certainty, a delegate of the Member appointed by directors pursuant to this section has the power to vote on behalf of the Member at the meeting, but does not continue as the Member Delegate after the meeting.

If the Member Delegate ceases to be present

4.8 If, at any time during a general meeting, the Member Delegate ceases to be present, business then in progress must be suspended until the Member Delegate returns or until the meeting is adjourned or terminated.

Adjournments by chair

4.9 The chair of a general meeting may, or, if so directed by the Member Delegate at the meeting, must, adjourn the meeting from time to time and from place to place, but no business may be transacted at the continuation of the adjourned meeting other than business left unfinished at the adjourned meeting.

Notice of continuation of adjourned general meeting

4.10 It is not necessary to give notice of a continuation of an adjourned general meeting or of the business to be transacted at a continuation of an adjourned general meeting except

01329237-8 Page 64 of 127

that, when a general meeting is adjourned for 30 days or more, notice of the continuation of the adjourned meeting must be given.

Order of business at general meeting

4.11 The order of business at a general meeting is as follows:

(a) elect an individual to chair the meeting, if necessary;

(b) determine that the Member Delegate is present;

(d) approve the minutes from the last general meeting;

(e) deal with unfinished business from the last general meeting;

(f) if the meeting is an annual general meeting,

(i) receive the directors’ report on the financial statements of the Society for the previous financial year, and the auditor’s report, if any, on those statements,

(ii) receive any other reports of directors’ activities and decisions since the previous annual general meeting,

(iii) elect or appoint directors, and

(iv) appoint an auditor, if any;

(g) deal with new business, including any matters about which notice has been given to the Member in the notice of meeting;

(h) terminate the meeting.

Methods of voting

4.12 At a general meeting, voting by the Member Delegate must be by a show of hands, an oral vote or another method that adequately discloses his or her intention, except that if, before or after such a vote, the Member Delegate requests a secret ballot or a secret ballot is directed by the chair of the meeting, voting must be by a secret ballot.

Announcement of result

4.13 The chair of a general meeting must announce the outcome of each vote and that outcome must be recorded in the minutes of the meeting.

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Proxy voting not permitted

4.14 Voting by proxy is not permitted.

Matters decided at general meeting by ordinary resolution

4.15 A matter to be decided at a general meeting must be decided by ordinary resolution unless the matter is required by the Act or these Bylaws to be decided by special resolution or by another resolution having a higher voting threshold than the threshold for an ordinary resolution.

PART 5 - DIRECTORS

Number of directors on Board

5.1 The Society must have no fewer than 3 and no more than 9 directors.

Band Council members can be directors

5.2 Subject to subsection 5.3(e), a member of Band Council may be a director.

Qualifications of directors

5.3 Every director

(a) must be at least 18 years old,

(b) must be of sound mind and capable of managing their own affairs,

(d) must not have been convicted in the previous five years of an offence dealing with fraud or business, and

(e) must not be the Member Delegate.

Election or appointment of directors

5.4 At each annual general meeting, the Member Delegate must elect or appoint the Board.

Directors may fill casual vacancy on Board

5.5 The Board may, at any time, appoint an individual as a director to fill a vacancy that arises on the Board as a result of the resignation, death or incapacity of a director during the director’s term of office.

01329237-8 Page 66 of 127

Term of appointment of director filling casual vacancy

5.6 A director appointed by the Board to fill a vacancy ceases to be a director at the end of the unexpired portion of the term of office of the individual whose departure from office created the vacancy.

PART 6 - DIRECTORS’ MEETINGS

Calling directors’ meeting

6.1 A directors’ meeting may be called by the president or by any 2 other directors.

Notice of directors’ meeting

6.2 At least 2 days’ notice of a directors’ meeting must be given unless all the directors agree to a shorter notice period.

Proceedings valid despite omission to give notice

6.3 The accidental omission to give notice of a directors’ meeting to a director, or the non- receipt of a notice by a director, does not invalidate proceedings at the meeting.

Conduct of directors’ meetings

6.4 The directors may regulate their meetings and proceedings as they think fit.

Quorum of directors

6.5 The quorum for the transaction of business at a directors’ meeting is a majority of the directors.

PART 7 - BOARD POSITIONS

Election or appointment to Board positions

7.1 Directors must be elected or appointed to the following Board positions, and a director, other than the president, may hold more than one position:

(a) president;

(b) vice-president;

(d) treasurer.

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Directors at large

7.2 Directors who are elected or appointed to positions on the Board in addition to the positions described in these Bylaws are elected or appointed as directors at large.

Role of president

7.3 The president is the chair of the Board and is responsible for supervising the other directors in the execution of their duties.

Role of vice-president

7.4 The vice-president is the vice-chair of the Board and is responsible for carrying out the duties of the president if the president is unable to act.

Role of secretary

7.5 The secretary is responsible for doing, or making the necessary arrangements for, the following:

(a) issuing notices of general meetings and directors’ meetings;

(b) taking minutes of general meetings and directors’ meetings;

(d) maintaining the Member Delegate Register;

(e) conducting the correspondence of the Board;

(f) filing the annual report of the Society and making any other filings with the registrar under the Act.

Absence of secretary from meeting

7.6 In the absence of the secretary from a meeting, the Board must appoint another individual to act as secretary at the meeting.

Role of treasurer

7.7 The treasurer is responsible for doing, or making the necessary arrangements for, the following:

(a) receiving and banking monies collected from the members or other sources;

(b) keeping accounting records in respect of the Society’s financial transactions;

(d) making the Society’s filings respecting taxes.

01329237-8 Page 68 of 127

PART 8 - REMUNERATION OF DIRECTORS AND SIGNING AUTHORITY

Remuneration of directors

8.1 These Bylaws do not permit the Society to pay to a director remuneration for being a director, but the Society may, subject to the Act, pay remuneration to a director for services provided by the director to the Society in another capacity.

Signing authority

8.2 A contract or other record to be signed by the Society must be signed on behalf of the Society

(a) by the president, together with one other director,

(b) if the president is unable to provide a signature, by the vice-president together with one other director,

(d) in any case, by one or more individuals authorized by the Board to sign the record on behalf of the Society.

01329237-8 Appendix B: Summary of Properties Being Considered for Permissive Tax Exemption in 2019

2019 Municipal Roll Number Property Description Address Legal Description Tax Estimate

00120.004 BOḰEĆEN XAXE (Sacred) Society McTavish Road Lot A, Section 4, Range 1E, Plan EPP76406 $ 22,534

00529.050 St. John's United Church 10990 West Saanich Rd. Block PT 1, Section 19, Range 2W Plan VIP 1211 $ 4,184

02472.000 Sidney Pentecostal Church 10364 McDonald Park Rd. Lot A, Sec. 15, R2E, Plan 16395 $ 6,538

03030.000 The Kiwanis Elderly Citizens Village 10585 McDonald Park Rd. Lot 1, Sec. 16 & 17, R2E, Plan 25496 $ 10,662

19036.000 676 Kittyhawk Sponsoring Committee Society (Air Cadets) 1979 DeHavilland Way VVA Lease # B135, 23681 SQ FT Hall Site $ 2,855 Part of Lot A, plan VIP38759,Comprising of 5.56 19077.000 B.C. Aviation Museum 1910 Norseman Rd. acres VAA Lease #B397 $ 16,189

19200.300 Navy League of Canada ( Saanich Peninsula Branch) 9565 Hurricane Rd. Comprising of 2569.8 SQ MTRS, VAA Lease #B110 $ 1,385

20007.000 Memorial Park Society (field behind Parkland School) McDonald Park Rd. Lot 1, Sec. 16, R2E, Plan 20832 $ 5,835 Saanich Peninsula Chamber of Commerce ( Visitor 21400.003 10382 Pat Bay Highway Portion of Lot 3, Plan 13825 Information Centre) $ 2,833

21413.000 Memorial Park Society (Blue Heron Park) 10714 McDonald Park Rd. Lot A, Sec. 17, R2E, Plan 43067 $ 11,312

21507.000 McTavish Academy of Art 1720 McTavish Road Lot 2, Section 6, Range 2E Plan VIP 15392 $ 4,549

23011.000 Seventh Day Adventist Church 9300 Willingdon Rd. Lot B, Sec. 7, R2E, Plan 2822 $ 13,119

23013.000 Capital Regional District 1717 McTavish Rd. Lot E, Sec. 5, R2E, Composite Plan 2986 $ 27,994 Anglican Synod of the Diocese of BC 23017.000 1325 Mills Rd. Lot A, Sec. 12, R1E, Plan 38698 Holy Trinity Anglican Church ‐ Hall $ 2,225 Anglican Synod of the Diocese of BC 23017.010 1319 Mills Rd. Section 12, R1W Holy Trinity Anglican Church & Cemetery $ 8,105

23018.000 Town of Sidney (McTavish Fire Hall) 1665 McTavish Rd. Lot 1, Section 5, Range 2E Plan VIP 38864 $ 8,355

23024.000 Saanich Peninsula Presbyterian Church 9296 East Saanich Rd. Lot F, Sec. 7, R2E, Plan 42734 $ 10,432

Total 159,10 $ 6 Page 69of127 Page 70 of 127 Page 71 of 127

a4 District of , North Saanich STAFF REPORT

To: Rob Buchan Date: September4, 2018 Chief Administrative Officer

From: Anne Berry File: Director Planning &Community Services

Re: Dunsmuir Trails Update

RECOMMENDATION(S):

That Council receive this report for information.

STRATEGIC PLAN IMPLICATIONS:

While there is no direct Council strategic priority related to this matter, the following strategic priority has been considered as part of the application review:

Maintain a Strong Sense of Community

INTRODUCTIONIBACKGROUND:

This report is intended to provide clarification regarding the provision of trail access on the former Dunsmuir lands.

DISCUSSION:

In August 2017 Council adopted zoning amendment bylaw No. 1415, which changed the zoning on the Dunsmuir lands to allow Homewood Health to operate out of the Dunsmuir Lodge and to transfer the remainder of the parcel (approximately 75 acres) to the Pauquachin First Nation at subdivision. The transfer of the lands to the Pauquachin First Nation involved ceasing historical public access to the private trails that had been maintained by the University of Victoria while Dunsmuir Lodge was under their control.

Conditions of Approval:

The following conditions of approval were required by Council:

a) Preparation and adoption of a road closure bylaw for the current road dedication on the western boundary of the site; b) Registration of a Statutory Right of Way for proposed trails; c) Registration of a Statutory Right of Way for current drainage paths; d) Registration of a Statutory Right of Way over the lower parking lot for the provision of 20 parking spaces; e) Registration of a ‘no development’ covenant over the proposed Pauquachin First Nation parcel; Page 72 of 127

RobBuchan,ChiefAdministrativeOfficer Page 2 Re:DunsmuirTrailsUpdate

0 A boundary adjustment.

Trail concerns:

The closure of the existing private trails on the Dunsmuir lands generated considerable concern in the community. As a result a new east/west trail was proposed for the northern property line and was constructed as a requirement of subdivision. In order to secure the no development’ covenant the document had to be tied to adjacent lands owned by the District. To achieve this the University transferred the lands for the east/west trail to District ownership (through the creation of a separate parcel of land), negating the need for the Statutory Right of Way (SRW) in this instance, but achieving the same purpose. Additionally, to ensure a north/south connection, a SRW was obtained for both vehicle and pedestrian use along the existing driveway.

There appears to be conflicting information regarding trail construction as a result of messaging by the applicants at their public information meeting, as opposed to the messaging given to Council. The trail plan appended as Attachment A was presented to Council, as part of an applicant presentation at the November 7th 2018 meeting of Council. At the meeting, University of Victoria representatives committed to the construction of the east/west trail and its dedication to the District, and identified the location of the proposed SROW running north/south connecting John Dean Provincial Park to the site and including the parking area in the lower parking lot. However; the October 2Qth public information meeting summary prepared by the applicant notes that the applicant agreed to construct a new trail to the side of the existing access driveway, thus generating the confusion that currently exists in the public.

The October 24th 2016 staff report included the summary of the October 20th public information meeting. The submission of this summary is a requirement of the District’s Development Procedures Bylaw. This meeting was in addition to an earlier public information meeting and was a specific requirement of Council. Staff does not attend the applicant held information meetings and cannot verify what was presented at that meeting; therefore, the summary submitted by applicants was not vetted by staff prior to inclusion in the staff report.

OPTIONS:

Council can:

I . Receive this report for information; OR 2. Other.

FINANCIALIMPLICATIONS:

None identified at this time.

LEGAL IMPLICATIONS:

None identified at this time.

CONSULTATIONS:

Internal — Infrastructure Services

INTERDEPARTMENTAL INVOLVEMENTIIMPLICATIONS:

No concerns identified. Page 73 of 127

RobBuchan,ChielAdministrativeOfficer Page 3 Re:DunsmuirTrailsUpdate

SUMMARYICONCLUSION:

The appIcant met the conditions of approval required by Council in order to rezone the site.

Respectfullysubmitted: Co rence,

nne Berry Rob Buchan Director Planning & Community Services Chief Administrative Officer

Concurrence:

ç/&QuJvr%QJD. . ephanie Munro, Director Financial Services c------Ey nd Toupin, Director Infrastructure Services

sley,Director Corporate Services

John Trelford, Director Emergency Services

7th Attachments: A — Trail plan from the November 2016 UVIC presentation to Council ___

4. Closure of Existing Trails I Replacement Trails

Recognize value of existing trails to some in community . Trails are on private property (UVic has allowed use) . Replacement trails provide: . Access to John Dean Provincial Park . Access to parking lot . Permanent legal access

New Replacement Trail (not on McTavish)

I “

- - ; :UfliVerSity - J.:- _T 0 120m of Victoria Pond Culturally Significant Area Page 74 of 127 Proposed new trail

.‘ Page 75 of 127

UVIC PROPERTIES 2201 - 4464 MARKHAM STREET VICTORIA, BC CANADA, V8Z 7X8

Mayor Alice Finall District of North Saanich 1620 Mills Road North Saanich, BC, V8L 5S9 September 24, 2018

Dear Mayor Finall;

Re: Dunsmuir Preliminary Layout Assessment

I am writing to you on behalf of Gayle Gorrill, who is currently out of the office for an extended period. I have been provided with a copy of the letter you wrote to Ms. Gorrill on August 28, 2018 regarding public trails on Dunsmuir Lands.

I can assure you that the University of Victoria has completed all its requirements, including trail construction, under the Preliminary Layout Assessment (PLA) created by District of North Saanichstaff and agreed to by the University of Victoria. As you know, this is the conclusive document that captures all that an applicant must undertake to satisfy the conditions of a subdivision.

We are, however, committed to reviewing the matter and will be prepared to discuss with Ms. Gorrill when she returns after October 1st.

Sincerely,

Peter Kuran President & CEO UVic Properties

Cc: North Saanich Council Cc: Gayle Gorrill, VPFO, University of Victoria

T 250. 483. 3200 | UVICPROPERTIES.CA | F 250. 483.3201 Page 76 of 127 Page 77 of 127

‘w District of I, North Saanich STAFF REPORT

To: Rob Buchan Date: October 1, 2018 Chief Administrative Officer

From: Adrian Brett Senior Planner Planning & Community Services

Re: Amendments to the Board ofVariance Bylaw No. 1387.

RECOMMENDATION(S):

I . That Council amend Bylaw No. 1463 with the changes outlined in this report.

INTRODUCTIONIBACKGROUND:

On January 15, 2018, Council directed staff to provide Council with a report on options for amending the existing Board ofVariance (BOV)bylaw No. 1387 regarding notification procedures. Following a report to Council on August 20, 2018, regarding changes to the BOV bylaw, Council granted first and second readings to the report’s recommended amending bylaw, but asked District staff to come back at third reading with suggested amendments to better align the BOV notification procedure with the Development Variance Permit (DVP) procedure, this report identifies those amendments.

DISCUSSION:

Staff have prepared a draft amendment to the bylaw which would allow the BOV notification process to mirror the Development Variance permit process.

Currently Section 7, the section of the Board of Variance Bylaw No. 1387 that deals with the notification parameters, reads as follows:

‘Upon receipt of an application the Corporate Officer, or his or her delegate, shall notify by mail or otherwise:

(a) the owners and occupiers of the land that is subject of the application, and (b) the owners and occupiers of the land that is adjacent to the land that is the subject of the application.”

Whereas the notification process for a Development Variance Permit in the District of North Saanich states that notification will be sent to “all owners and tenants in occupation of all other parcels any part of which is within 50 meters of the boundaries of any parcel to which the application pertains.”

In orderto enable the notification process to be consistent across both the BOV and Development Variance Permit procedures, staff have drafted the following amendment to Section 7 of the BOV bylaw: Page 78 of 127

RobBuchan,ChiefAdministrativeOfficer Page 2 Re:AmendmentstotheBoardofVarianceBylaw

“Upon receipt of an application the Corporate Officer, or his or her delegate, shall notify by mail or otherwise:

a) the owners and occupiers of the land that is subject of the application; b) the owners and occupiers of all land or portions thereof that are within 50 meters of the boundaries of any parcel to which the application pertains.”

This amendment will ensure there are no discrepancies between the DVP and BOV notification processes. Should any DVP application fail to garner a variance from Council in the future and proceed thereafter to a BOV application, the same neighboring residents willbe notified over both applications. Currently, only those properties adjacent to a BOV subject property receive notification of an upcoming application, as illustrated in the below diagram for 8833 Forest Park Drive.

This property was selected for illustrative purposes only and is not the subject of a current

In the case of BOV notification process a total of six properties, five adjacent and the subject property, would receive notification.

Ifthe notification boundary was expanded to all properties within 50 m of the subject property, the quantity of notified properties would expand by seven additional properties for a total of thirteen, as show below. Page 79 of 127

RobBuchan,ChefAdministrativeOfficer Page3 Re:AmendmentstotheBoardofVarianceBylaw

The number of properties affected by this proposed bylaw change depends on the number of properties in close proximity (within 50m) to the subject property. In the case of an area like Dean Park, where there are small lots and thus properties are closer together, the difference between what is defined as adjacent properties and properties within 50m is more pronounced. Page 80 of 127

RobBuchan,ChiefAdministrativeOfficer Page4 Re:AmendmentstotheBoardofVarianceBylaw

In areas of the District with larger lots, the difference is less noticeable, as shown below for I 398 Tapping Road

This property was selected for illustrative purposes only and is not the subject of a current application.

In the case of I 398 Tapping Road, six properties (five adjacent and one subject) would be notified under the current BOV bylaw. Ifthe notification procedure was expanded to a 50m radius, only two additional properties would be affected, for a total of eight properties notified.

Overall the proposed change to the BOV notification bylaw would increase the number of properties affected by an estimated average of four additional notices per application. The bylaw would also have a marginal financial impact for the increase associated with mailing these extra notices to residents. Typically the BOV sees approximately 1-3 applications per month, this increase in notifications would therefore translate into an estimated cost increase of 4-12 additional mailings per month.

The draft amending bylaw as presented in this report contains the same language from the previous report (August 20, 2018) regarding consistency of notification across DVP and BOV applications. This report also updates and corrects several inconsistencies with the reference numbering from the Local Government Act. __ Page 81 of 127 RobBuchan,ChiefAdministrativeOfficer Page 5 Re:AmendmentstotheBoardofVarianceBylaw

AMENDMENTS:

In order to enable the nofificaflon process to be consistent across the BOV and DVP procedures, and to update the correct referencing numbers from the Local Government Act, the subsections of Bylaw No. 1463 identified below need to be amended as follows:

a) Replacing subsection (b) with the owners and occupiers of all land or portions thereof that are within 50 meters of the boundaries of any parcel to which the application pertains,” within Section 7.

b) Insert section (c) with the following text: “inthe case of an application for a variance that has been the subject of a development variance permit application to the Council within the 2-year period preceding the date of the application to the Board of Variance, all other persons who were notified of the development variance permit application,” within Section 7.

e) Remove “section 902” from Section 4 and replace with “sections 540, 542, 543 and 544”.

f) Remove “section 902” from Section 8 and replace with “sections 540, 542, 543, and 544”.

h) Remove “section 902” from Section 9 and replace with “section 544(3)”.

OPTIONS:

Council can: 1. Amend Bylaw No.1463, 2018 with the changes outlined in this report and proceed with third reading. 2. Deny Readings of the Bylaw; OR 3. Other.

SUMMARYICONCLUSION:

The draft amending bylaw as presented would require the Board of Variance to expand notices sent to affected property owners as is currently specified under a DVP process. This willensure the same notification procedure between the DVP and BOV, and reduce confusion amongst District residents regarding the two variance processes. Respectfully6ø*’ submitted, Concurrence, Adrian Brett /iob BuchV ,f Planner 7 ChiefAdministrative Officer Page 82 of 127

RobBuchan,ChiefAdministrativeOfficer Page 6 Re:AmendmentstotheBoardofVarianceBylaw

Services

Eyrn, d Toupin, Director Infrastructure Services

Stephanie Munro, Director Financial Services

Curt Kingsley, Director Corporate Services

John Trelford, Director Emergency Services Page 83 of 127

Council Liaison Report Liaison: Councillor Orr September 2018 Regional Water Supply Commission Meeting date: September 19, 2018 The Regional Water Supply Commission recommended that the CRD Board: 1) Approve the 2019 Capital Budget and Five Year Capital Plan; 2) Approve the 2019 Operating Budget; 3) Approve the 2019 wholesale water rate of $0.6675 per cubic metre; and 4) Approve the 2019 agricultural water rate of $0.2105 per cubic metre. Water Conservation Bylaw amended to remove language associated with a ban on once-through cooling in order to be consistent with revised BC Building Code. Receipt of the 2018 “Get to Know Your H2O Tours” report. Approved the Greater Victoria Drinking Water Quality – 2017 Annual report. Sooke reservoir level on September 9, 2018 was 71.0% of capacity. Slightly lower than the 5-year average reservoir level.

South Island Prosperity Project (www.southislandprosperity.ca) Highlights from September 2018 newsletter. Members of the SIPP team will be travelling to Shanghai to participate in the prestigious 2018 World Artificial Intelligence Conference. Last year we signed an MOU with Shanghai, and as a result, our CEO Emilie was invited to be a guest speaker at the conference to share best practices on smart cities with cities around the world. The launch of Future Innovator Challenge was held on September 10th. It's a chance for students to unleash their most innovative ideas to help solve Greater Victoria's challenges and compete for cash prizes. All projects must utilize data and/or connected technologies in some way and must focus on one of the five theme areas: • Transportation & Mobility • Housing & Affordability • Economic Resilience & Inclusion • Environmental Health • Human Health & Wellness At the AGM in June, SIPP welcomed four new Board of Directors: Tina Ryan, George Nassar, Anna MacMillan, and Pat Elemans. Page 84 of 127 Page 85 of 127

Subject to Approval District of North Saanich 1620 Mills Road Minutes of the Committee of the Whole Meeting Monday, September 17, 2018 at 7:00 p.m.

PRESENT: Chair M. Weisenberger Mayor A. Finall Councillors H. Gartshore J. McClintock G. Orr C. Stock

ABSENT: Councillor J. Thornburgh

A CALL TO ORDER

The Chair called the meeting to order at 7:00 p.m.

B APPROVAL OF AGENDA

MOVED BY: Councillor

88- COW That Council approve the agenda as circulated. CARRIED

C PRESENTATIONS

1) Victoria Airport Authority Geoff Dickson, President and CEO Brenda Nunns Shoemaker, Board of Directors Gordon Safarik, Board of Directors, Vice-Chair

G. Dickson gave a presentation on recent activity at the Victoria Airport Authority and addressed questions from Council and a member of the public.

Irfane Fancey, 8511 Emard Terrace, sought clarification about runway expansion and pre-clearance of

Clerk Chair Page 86 of 127

Committee of the Whole 2018-09-17

American customs.

2) Proposal for the Sandown Community Farm Linda Geggie, Executive Director, CRFair

L. Geggie gave a presentation regarding the proposed Sandown Community Farm and addressed questions from Council and members of the public. H. Hofmeyr, agrologist, discussed drainage and storm water management.

I. Fancey, 8511 Emard Terrace, sought clarification as to the existence of a critical path analysis. B. Tutt, 10745 Deep Cove Road, sought clarification regarding any financial subsidy of commercial farmers.

MOVED BY: Mayor Finall

89- COW That Council forward a copy of Sandown Community Farm Plan: An Overview and any subsequent report from staff to the Peninsula and Area Agricultural Commission and the Agriculture Task Force at the CRD for information. CARRIED

MOVED BY: Councillor Stock

90- COW That the Sandown Community Farm Plan: An Overview be received. CARRIED

D REFERRALS / REPORTS

1) Dunsmuir Trails Update Report dated September 4, 2018 from the Director of Planning and Community Services

S. Waterman, 8852 Langara Place, expressed support for public trails such as those provided by the Victoria Airport Authority and proposed by the Sandown Transition Team.

MOVED BY: Mayor Finall

91- COW That the District construct the trail alongside the road leading up from McTavish Road to the access at Dean Park and that the trail be financed from surplus budget. DEFEATED OPPOSED: Councillor Gartshore, McClintock, Orr, and Weisenberger

MOVED BY: Councillor Stock

92- COW That if the University of Victoria does not respond and if they fail to build the trail within two months, then the District will build the trail.

The motion was withdrawn.

Clerk Chair Page 87 of 127

Committee of the Whole 2018-09-17

MOVED BY: Councillor Stock

93- COW That the matter be postponed until the October 1, 2015 Council meeting. CARRIED

E MINUTES

F ADJOURNMENT

MOVED BY: Mayor Finall

94- COW That the meeting adjourn at 8:37 p.m. CARRIED

CERTIFIED CORRECT APPROVED AND CONFIRMED

Curt Kingsley Murray Weisenberger Director, Corporate Services Chair

Clerk Chair Page 88 of 127 Page 89 of 127

Subject to Approval District of North Saanich 1620 Mills Road Minutes of the Committee of the Whole Meeting Monday, September 24, 2018 at 7:00 p.m.

PRESENT: Chair M. Weisenberger Mayor A. Finall Councillor H. Gartshore J. McClintock G. Orr C. Stock

ABSENT: Councillor J. Thornburgh

ATTENDING: Deputy Chief Administrative Officer C. Kingsley Director of Financial Services S. Munro Director of Planning and Community Services A. Berry Senior Planner C. Breen Deputy Clerk L. Coburn

A CALL TO ORDER

The Chair called the meeting to order at 7:00 p.m.

B APPROVAL OF AGENDA

MOVED BY: Councillor Gartshore

95- COW That Council approve the agenda as circulated. CARRIED

C PRESENTATIONS

1) 2018 Second Quarter Crime Summary Staff Sergeant Wayne Conley, Sidney/North Saanich RCMP

Staff Sergeant Conley gave a presentation. He discussed staffing and a traffic accident analysis and responded to questions from Council.

2) Update of Saanich Inlet and Peninsula Atlas of Shorelines (SIPAS) Nikki Wright, Sea Change Conservation Society

N. Wright gave a presentation on the Saanich Inlet and Peninsula Atlas of Shorelines.

Clerk Chair Page 90 of 127

Committee of the Whole 2018-09-24

D REFERRALS / REPORTS

1) Affordable Housing Strategy & Policy Report dated September 13, 2018 from the Senior Planner

M. Hall, 1620 Barkley Place, speaking on behalf of the Sidney North Saanich Industrial Group, sought clarification on the North Saanich Gap Analysis. He thanked Council for taking steps to provide affordable housing and advocated for providing housing for the middle income cohort.

MOVED BY: Mayor Finall

96- COW That Council accept the Affordable Housing Strategy and Policy (September, 2018) as outlined in the staff report (September 13, 2018). CARRIED

OPPOSED: Councillor Weisenberger

MOVED BY: Mayor Finall

97- COW Give consideration to the financial plan and waste management plan with respect to proposed Bylaw 1464. CARRIED

MOVED BY: Mayor Finall

98- COW That Council give first & second reading to Bylaw 1464 with the following amendments: a) that "The District will" be inserted at the beginning of each of section 1 (e) (v, vi, and xii); b) Section 1 (e) (xi) is struck and replaced with the following: "The District will increase amenity contributions to support the Regional Housing Trust Fund; and c) Section 1 (g) is struck and replaced with the following: "The District may establish a design panel to review affordable housing proposals."

MOVED BY: Councillor Gartshore

99- COW That motion 98-COW be referred to staff. CARRIED

MOVED BY: Mayor Finall

100- COW That Council give first and second reading to Bylaw 1465 Affordable Housing, A Bylaw to Amend the “District of North Saanich Zoning Bylaw 2011”. CARRIED OPPOSED: Councillor Weisenberger

Clerk Chair Page 91 of 127

Committee of the Whole 2018-09-24

MOVED BY: Mayor Finall

101- COW That Council amend s. 1 of Bylaw 1466 to strike "fast tracking" and replace it with "expediting" then give first, second & third reading to North Saanich Development Application Procedures Bylaw No.1324 (2015) Amendment Bylaw No. 1466 Affordable Housing (2018)”. CARRIED OPPOSED: Councillors McClintock and Weisenberger

MOVED BY: Mayor Finall

102- COW That Council repeal Interim Policy on Rezoning upon adoption of Bylaws 1464, 1465 & 1466. CARRIED

MOVED BY: Councillor Gartshore

103- COW That Council refer boundaries of areas 1 and 2 to the 2019 Strategic Planning process. CARRIED

MOVED BY: Mayor Finall

104- COW That Council require at least a 40% affordable housing component in any application outside areas 1 and 2.

The motion was withdrawn.

E MINUTES

F ADJOURNMENT

MOVED BY: Councillor Stock

105- COW That the meeting adjourn at 9:15 p.m. CARRIED

CERTIFIED CORRECT APPROVED AND CONFIRMED

Curt Kingsley Murray Weisenberger Director, Corporate Services Chair

Clerk Chair Page 92 of 127 Page 93 of 127

DISTRICT OF NORTH SAANICH

BYLAW NO. 1463

A BYLAW TO AMEND DISTRICT OF NORTH SAANICH BOARD OF VARIANCE BYLAW NO. 1387 (2015)

The Council of the District of North Saanich, in open meeting assembled, ENACTS AS FOLLOWS:

TEXT AMENDMENTS

1. District of North Saanich Board of Variance Bylaw No. 1387, 2015 is amended by: a) Including “; and” to subsection (b) within Section 7. b) Including “in the case of an application for a variance that has been the subject of a development variance permit application to the Council within the 2-year period preceding the date of the application to the Board of Variance, all other persons who were notified of the development variance permit application,” as subsection (c) within Section 7. c) Remove “section 899” from Section 1 and replace with “section 536”. d) Remove “section 901” from Section 4 and replace with “section 540”. e) Remove “section 902” from Section 4 and replace with “section 544”. f) Remove “section 902” from Section 8 and replace with “section 544(1)”. g) Remove “section 911(8)” from Section 8 and replace with “section 532(1)’. h) Remove “section 902” from Section 9 and replace with “section 544(2)”. i) Remove “section 9 of this bylaw” from Section 12 and replace with “section 7 of this bylaw”. j) Remove “901(2)” from Section 18 and replace with “542”.

Page 94 of 127

CITATION

2. This Bylaw may be cited for all purposes as “North Saanich Board of Variance Bylaw No. 1387, Amendment Bylaw No. 1463 (2018)”.

READ A FIRST TIME the 20th day of August, 2018

READ A SECOND TIME the 20th day of August, 2018

READ A THIRD TIME the day of , 2018

FINALLY PASSED AND ADOPTED the day of , 2018

MAYOR

CORPORATE OFFICER

Page 95 of 127

DISTRICT OF NORTH SAANICH

B Y L A W N O. 1464

A BYLAW TO AMEND THE “DISTRICT OF NORTH SAANICH OFFICIAL COMMUNITY PLAN BYLAW 1130 (2007)”

The Municipal Council of the District of North Saanich, in open meeting assembled, enacts as follows:

TEXT AMENDMENTS

1. The text of Schedule ‘A’ of the District of North Saanich Official Community Plan Bylaw No. 1130 (2007) is hereby amended as follows:

(a) Section 6.0 Multi-family Residential is replaced with Multi-family Affordable Housing Residential

(b) Section 6.0 Multi-Family Residential Designation adds the underlined words below:

The Multi-family Affordable Housing Residential areas are generally developed to a range of approximately 15 townhouses/acre; 30 units/acre [for apartments (3 storeys)] or lots between 372 m2 – 557 m2 (4000 ft2 – 6000 ft2) to achieve an average gross density of between 8 and 16 units per acre and are identified for any redevelopment for affordable housing with approval by the owner. The lands are located within the North Saanich Servicing Area (NSSA).

Areas (1 & 2) that could support Multi-family Affordable Housing Residential development are designated on Schedule B. These areas are considered for affordable housing, seniors’ housing, rental housing and special needs housing.

(d) Section 6.12 is amended by adding the following underlined words:

An Affordable Housing Strategy and Policy was prepared to further address housing concerns in the District including issues such as: The need for seniors’ housing; The provision of affordable housing; Secondary suites; and Special needs housing.

(e) Adding the following policies after 6.12 in chronological order:

(i) The District has limited potential future development and has designated Areas 1 and 2 for affordable housing for seniors and low-income families (ii) The District participates in the regional response to existing and emerging affordable housing demand. Page 96 of 127

Bylaw No.1464 Page 2

(iii) The District provides information on affordable housing to increase community awareness to build support for affordable housing. (iv) Support the creation of new, and the retention of existing, rental housing and discourage the conversion of rental housing to strata ownership (v) The District will ensure housing densities and height are compatible with the surrounding context and built form. (vi) The District will support Alternative Development Standards for affordable housing development applications for in Areas 1 and 2 to support affordability such as reduced parking requirements. (vii) The District will consider the use of Section 226 Community Charter revitalization tax exemption agreements (viii) New affordable housing development will use registered housing agreements to protect the use for the maximum period of time. (ix) In new developments in Areas 1 and 2, the District will require all new development to be affordable housing of for low-income families and seniors. The District adopts a policy to prioritize development proposals for developments for low-income families and seniors in Areas 1 and 2. Proposals will include provisions that ensure that all housing provided is only for non-market low- income families and seniors. This may include housing agreements, tax exemptions and the involvement of affordable housing societies. (x) The District will encourage diversity of housing types and tenure in Areas 1 and 2 to promote social mix, and to promote collaboration between non-profit and private sector developers to achieve greater affordability. (xi) The District will encourage and prioritize developments that incorporate environmentally friendly design to reduce carbon emissions and allow for energy cost savings for residents (xii) The District supports affordable housing with funding partners (xiii) The District establishes policies to support affordable housing for low-income families such as secondary suites and guest cottages. (xiv) The District establishes policies which protect and maintain existing non-market and market rental housing stock. (xv) The District provides information on affordable housing to increase community awareness to build support for affordable housing. (xvi) Affordable housing agreements will be for the life of the building that is the subject of the agreement.

(f) Replace the definition of Affordable Housing in Section 14 with:

“Affordable Housing” means housing which costs up to 30% of before-tax household income. Shelter costs include the following: For renters: rent and any payments for electricity, fuel, water and other municipal services; For owners: mortgage payments (principal and interest), property taxes, and any condominium fees, along with payments for electricity, fuel, water and other municipal services.

The District of North Saanich identifies affordable housing provision as a priority for seniors and census families as identified by Statistics Canada and with household incomes below area median income.”

Page 97 of 127

Bylaw No.1464 Page 3

This definition applies to all District of North Saanich lands, not only development permit designated land.”

(g) Add the following in Section 14.1:

Affordable housing development proposals may be reviewed by a design panel.

MAP AMENDMENTS

2. Schedule B is deleted and replaced with Schedule B attached to and forming part of this bylaw.

CITATION

3. This Bylaw may be cited for all purposes as “North Saanich Official Community Plan Bylaw No.1130 (2007) Amendment Bylaw No. 1464 Affordable Housing (2018)”.

READ A FIRST TIME the day of , 2018

READ A SECOND TIME the day of , 2018

NOTICE OF PUBLIC HEARING published in the and editions of the Peninsula News Review.

PUBLIC HEARING held pursuant to the provisions of the Local Government Act at the North Saanich Municipal Hall the , 2018

READ A THIRD TIME the day of

ADOPTED the day of , 2018

MAYOR

CORPORATE OFFICER

Page 98 of 127

Bylaw No.1464 Page 4

AMENDMENT TO SCHEDULE B

LAND USE DESIGNATIONS

Page 99 of 127

DISTRICT OF NORTH SAANICH

B Y L A W N O. 1465

A BYLAW TO AMEND THE “DISTRICT OF NORTH SAANICH ZONING BYLAW 2011”

The Municipal Council of the District of North Saanich, in open meeting assembled, enacts as follows:

TEXT AMENDMENTS

1. The text of Schedule ‘A’ of the District of North Saanich Zoning Bylaw No. 1255 (2011) is hereby amended as follows:

(a) Section 102 Definitions is amended by adding the following in chronological order:

(i) ““Affordable Housing” means housing which costs less than 30% of before-tax household income. Shelter costs include the following:

For renters: rent and any payments for electricity, fuel, water and other municipal services; For owners: mortgage payments (principal and interest), property taxes, and any condominium fees, along with payments for electricity, fuel, water and other municipal services. The District of North Saanich identifies affordable housing provision as a priority for seniors and census families as identified by Statistics Canada and with household incomes below area median income.” ”

(ii) “”Low-income households” means (individuals and families) are households with household incomes 80% and less of the Area Median Income.

(b) Section 105 Zone Names is amended by adding the following text:

Affordable Housing Zone

Permit alternate setback standards for affordable housing zones

(d) Section 300 Off-Street Loading and Parking is amended by adding the following text:

Permit alternate standards for affordable housing.

MAP AMENDMENTS

2. Schedule A is amended by adding Affordable Housing Zone in the legend.

Page 100 of 127

Bylaw No. 1465 Page 2

CITATION

3. This Bylaw may be cited for all purposes as “North Saanich Zoning Bylaw No. 1255 (2011) Amendment Bylaw No. 1465 Affordable Housing (2018)”.

READ A FIRST TIME the day of , 2018

READ A SECOND TIME the day of , 2018

NOTICE OF PUBLIC HEARING published in the and editions of the Peninsula News Review.

PUBLIC HEARING held pursuant to the provisions of the Local Government Act at the North Saanich Municipal Hall the day of , 2018

READ A THIRD TIME the day of , 2018

ADOPTED the day of , 2018

MAYOR

CORPORATE OFFICER

Page 101 of 127

DISTRICT OF NORTH SAANICH

B Y L A W N O. 1466

A BYLAW TO AMEND THE “DISTRICT OF NORTH SAANICH DEVELOPMENT APPLICATION PROCEDURES BYLAW NO. 1324 (2015)”

The Municipal Council of the District of North Saanich, in open meeting assembled, enacts as follows:

TEXT AMENDMENTS 1. The “District of North Saanich Development Application Procedures Bylaw No. 1324 (2015)” is hereby amended as follows:

By adding the following section after section 4 (a):

“4 (b) The District will prioritize development applications that demonstrate collaboration between non-profit and private sector developers to achieve affordability for low-income households and support affordability through the expedition of development approval process for housing for low-income and non-market housing in Areas 1 and 2 as indicated in Schedule A attached to this Bylaw.”

MAP AMENDMENTS

2. Add maps attached to this Bylaw as Schedule A.

CITATION

3. This Bylaw may be cited for all purposes as “North Saanich Development Application Procedures Bylaw No.1324 (2015) Amendment Bylaw No. 1466 Affordable Housing (2018)”.

READ A FIRST TIME the day of , 2018

READ A SECOND TIME the day of , 2018

READ A THIRD TIME the day of , 2018

ADOPTED the day of , 2018

MAYOR

CORPORATE OFFICER

Page 102 of 127

Bylaw No. 1466 Page 2

SCHEDULE A

Page 103 of 127

Bylaw No. 1466 Page 3

Page 104 of 127 Page 105 of 127

Community Builders…

Building Communities

September 21, 2018

Dear Mayor and Council,

RE: Step Code and Radon

Further to our recommendation to exercise caution regarding the Step Code, it is important to be aware of potential radon gas exposure. Some municipalities are considering adopting the Step Code and tightening homes through their bylaws. Very energy efficient homes tend to draw in more radon gas. According to Health Canada, radon gas is responsible for 16 per cent of lung cancers in Canada.

Radon gas is the result of decaying uranium finding its way into homes through cracks in foundation walls and floor slabs, joints, service pipe gaps, floor drains, etc. Simon Fraser University is doing leading research into radon in BC, identifying potentially high risk areas previously thought to be low risk.

The BC government recently identified additional high risk regions requiring venting pipe systems. (See attached) It is interesting to note the government reports Jordan River requires mandatory venting but Sooke and Port Renfrew do not. Duncan requires venting but Victoria and Nanaimo do not. Health Canada reports some homes in Greater Victoria have also tested for unsafe levels of radon. In the attached news article, an SFU scientist says “there hasn’t been enough testing to fully understand the risks” in many communities. “Even in areas where the threat was thought to be relatively low, more extensive testing has revealed higher levels of radon than expected.”

The BC government does not categorize Vancouver’s North Shore as requiring radon venting, however radon testing companies have discovered high levels of radon in that region. Some of these municipalities have adopted Tier 3 of the Step Code. Without radon venting, this has been described as a “perfect storm” for radon exposure. More investigation is needed to clear up these risk inconsistencies, especially in light of ongoing changes to the radon map.

In the interests of consumer protection, we continue to recommend municipalities avoid the Step Code and wait for the energy efficiency review presently underway by the National Building Code committee that has included radon mitigation as a key consideration.

We support health and safety as prime building code considerations in housing under which other attributes such as increased energy efficiency can be achieved with attention to diligence, consumer protection and affordability. I have included news articles outlining recent radon concerns. If you require additional information, feel free to contact me.

Yours sincerely,

Casey Edge Executive Director

#1–3690 Carey Road, Victoria, BC V8Z 4C2 ● Tel: 250.383.5044 ● Fax: 250.383.9423 ● Email: [email protected] ● Twitter: @VicBuilders ●www.vrba.ca ● www.careawards.ca Page 106 of 127

Six more communities ordered to safeguard against radioactive gas

By AINSLIE CRUICKSHANK StarMetro Vancouver Wed., Sept. 5, 2018

VANCOUVER—The B.C. government has identified six more communities that could be at risk from an odourless, colourless, cancer-causing gas seeping into homes.

In response, builders in Abbotsford, Duncan, Hope, Lillooet, Sechelt and Whistler will soon be required to install ventilation in new homes that can be used to disperse radon if unsafe levels are detected. The requirements are already in place in more than 50 B.C. communities west of the Coast Mountains.

In other areas, the province is leaving it up to municipalities to prove there’s a risk before the requirements will be enforced.

While a spokesperson for the Ministry of Municipal Affairs said coastal areas are “generally not known to have an elevated risk” for radon exposure, one health sciences expert says there hasn’t been enough research to know for sure.

Radon — a radioactive gas formed when uranium in soil and rocks breaks down — is the second leading cause of lung cancer in Canada. The gas is linked to 16 per cent of all lung cancers, according to Health Canada.

While radon is present in all indoor environments to some degree, according to the educational charity Lung Cancer Canada, it becomes a major health concern at elevated levels.

The federal government recommends that everyone tests their homes for radon, but not all homes come equipped with the infrastructure necessary to remove it if the gas is detected.

Previously, new home builds east of the Coast Mountains in B.C. were required to include a pipe that runs from the ground, up through the home and out the roof to allow radon venting. With the pipes in place, a homeowner can have a fan installed for venting if testing reveals unsafe levels of radon.

Under the updated building code, which will come into force in December, the vent pipe will be required in new homes in more than 60 listed communities and in municipalities that have data that demonstrates radon risk.

The problem, said Anne-Marie Nicol, an associate health science professor at Simon Fraser University, is in many communities there hasn’t been enough testing to fully understand the risks.

Even in areas where the threat was thought to be relatively low, more extensive testing has revealed higher levels of radon than expected, she said. Page 107 of 127

B.C. has some of the stronger building codes in Canada, “but it’s still not protective of everybody,” she said.

“Radon is in the ground but it’s not supposed to be in your house, and the way we’re building houses now makes it more likely that it will be drawn up and into the house,” she said.

A house acts like a “suction cup” drawing cool gases up and through the home. Once it’s in the house, if there isn’t good air turnover then the radon levels can build over time, she explained.

“Newer, more energy-efficient homes and homes with larger footprints or multiple storeys tend to draw gasses up even more,” Nicol said.

“It is one of those problems that seems incredible that they haven’t solved.” Page 108 of 127

Radon gas risks are real, but action and reaction is inconsistent Health Canada recommendations for radon mitigation could cause deaths, CHBA says

Canadian Contractor Magazine September 18, 2018 by John Bleasby The 2016 report from the Canadian General Standards Board (CGSB) is quite clear. “Radon is a radioactive gas which is a decay product of uranium, and is found everywhere in rocks and soil. Radon moves easily through bedrock and soil and either escapes into outdoor air where it is rapidly diluted, or into enclosed spaces like homes, where it can sometimes accumulate to high levels, which increases the long-term risk of lung cancer for occupants.” Depending on the “length and intensity” of exposure, combined with smoking habits of occupants, the risk of developing lung cancer increases. To put numbers on it, the U.S. Environmental Protection Agency (EPA) has said that Radon is responsible for 21,000 lung cancer deaths every year in the U.S.A., with 2,900 of these deaths among people who have never smoked.

U.S. statistics indicate the seriousness of the radon gas problem relative to other causes of death Why the concern now? As building codes lead the residential building industry towards ever-tighter building envelopes, it is widely believed the issue of internal and external air pressure can play an increasingly important role in drawing radon gas into homes. “Due to a difference in air pressure between the inside of a building and the soil surrounding the foundation, soil gases, including radon may enter through openings in the foundation such as Page 109 of 127

construction joints, gaps around service pipes and support posts, floor drains and sumps, cracks in foundation walls and in floor slabs, and openings in concrete block walls,” the CGSB says in their report titled, Radon mitigation options for existing low-rise residential buildings. The committee behind the comprehensive 48-page Health Canada report started convening in 2014. The group consisted of 26 individuals representing technology companies, regulators, residential builders and designers, plus those with an overall interest in the issue. In addition to identifying the risks of radon gas, the committee recommended a number of inspection, testing and mitigation protocols. It’s an important read for any residential contractor.

Radon gas risks vary greatly across the country. However, no region is immune.

Startling results that vary from coast-to-coast Health Canada initially conducted a nation-wide survey of radon gas, culminating in a 2012 report. “The results from this two-year study indicate that 6.9% of Canadians are living in homes with radon levels above the current radon guideline of 200 Bq/m3,” the report says. “There are no areas of the country that are ‘radon free’”, the report continues. “The results of this study show that even for those provinces where the overall results indicate a lower incidence of homes with elevated radon levels, there were still areas of those provinces with high radon levels and a significant number of homes with radon concentrations above the guideline. For example, in Ontario, where the population-weighted estimate was 4.6% of homes exceeding the guideline, 13 of 36 Health Regions (greater than one third of the Health Regions) had more than 10% of the homes test above the guideline.” In Alberta, 6.6 percent of homes tested had radon levels above acceptable levels. In New Brunswick, tops the chart at 25 per cent.

Page 110 of 127

Tighter homes may result in new regulations and building code changes In British Columbia, the government has been actively identifying more and more communities associated with a high risk of radon levels, according to a report in the Vancouver Star. “Previously, new home builds east of the Coast Mountains in B.C. were required to include a pipe that runs from the ground, up through the home and out the roof to allow radon venting,” the report said. “With the pipes in place, a homeowner can have a fan installed for venting if testing reveals unsafe levels of radon.” The addition of Abbotsford, Duncan, Hope, Lillooet, Sechelt and Whistler brings the number of communities and municipalities to over 60 that will be soon required to install ventilation systems specifically to deal with radon gas levels under new building codes coming into force in December 2018.

Radon gas has several potential entry points. The tighter the building envelope, the higher the likelihood

Where do the building associations stand on this issue? The reaction from both the Ontario and Canadian home building associations can be summed up in one word….crickets. The Ontario Home Builders Association (OHBA) recently conducted its own radon gas survey. “The OHBA facilitated the radon testing by purchasing radon kits from Radiation Safety Institute of Canada and made them available to members to use in the homes they built,” Canadian Contractor was informed by email. However, when Canadian Contractor asked if the OHBA would share their survey results with our professional home builder and renovator readers, the answer was emphatically negative. “The results of the radon tests are proprietary to the builders who participated in the testing,” Valerie Lam-Bentley, an OHBA Communications Officer, wrote back. When asked if we could contact a sampling of builders who participated in the OHBA survey, Ms. Lam-Bentley again declined. “Identifying information for Page 111 of 127

participating builders is not information we can disclose. Builders understood that they could test for radon anonymously.” The CHBA says Health Canada’s report could cause deaths, not save lives For its part, the Canadian Home Builders Association (CHBA) is decidedly negative on the 2017 Health Canada report, despite being represented on the committee behind the study and its recommendations. In a CBC report dated March 23, 2018, CHBA President Kevin Lee went as far as to suggest that the Health Canada report itself, “could result in severe and immediate health problems, and even death,” claiming that the report was rushed to publication and that solutions proposed were incomplete and therefore risky for home occupants. CHBA Director of Communications David Foster told the CBC, “The CHBA remains concerned about the unresolved issues, such as the risks of back-drafting from combustion appliances (having toxic gases released into the home) and the freezing of foundations and radon stacks (pipes that vent soil gases out through the home’s roof.” Canadian Contractor attempted to contact Kevin Lee and others at the CHBA to learn more about their concerns and possible resolutions. However, they declined to return our repeated voicemails and emails.

In the absence of responsible leadership, contractors must go it alone Canada updated the country’s indoor radon gas guidelines and limits in 2007. Building code changes regarding radon testing in Canadian homes may begin to creep across the country as building codes require fewer air-changes-per hour. With coupled with little transparency or guidance among some industry leaders, it is not surprising that there is currently little national consistency in terms of radon gas risks. The cost of radon gas testing and mitigation as outlined by the CGSB is not cheap, but is much higher for those homes already built than for those under construction. Therefore, the best solution for builders and renovators would be to contact a radon gas test specialist during the early stages of construction or prior to major renovations. As the CGSB report says, “This standard is not a substitute for building code regulations currently in effect. It is the responsibility of the contractor to ensure that they comply with the applicable health, safety and building code standards. Local codes and regulations take precedence in the event of a discrepancy with the present standard.”

Page 112 of 127

B.C. scientist suspects Sea-to-Sky, North Shore could be home to high-risk radon

Bridgette Watson · CBC News · Posted: Feb 20, 2018 5:39 PM PT | Last Updated: February 23

Public health researcher, Anne-Marie Nicol, holds a radon test kit similar to the ones she is using to gather evidence in homes along the Sea-to-Sky corridor and in North and West Vancouver to convince government to change the B.C. Building Code to include the region as a high-risk radon area. (Simon Fraser University)

A public health researcher says radon exposure on Vancouver's North Shore and the Sea-to- Sky corridor is a potential health hazard and she wants the B.C. government to change provincial building codes to reflect the risk.

Anne-Marie Nicol, a public health researcher, is handing out free radon test kits to residents in the region as part of a citizen science project at Simon Fraser University. The tests take 91 days to complete and Nicol says she expects the results will prove the province should re-categorize the area as having high radon potential. Page 113 of 127

The B.C. Building Code separates the province into two areas based on their potential for radon exposure. Radon Area 1 is east of the Coast Mountains and covers the Interior of the province. Radon Area 2 covers everything west of the mountains.

The B.C. Building Code separates the province into Area 1 and Area 2, which have different construction requirements for mitigating radon exposure. (Government of British Columbia) Radon gas forms when uranium erodes into the soil. People living in homes built on top of contaminated soil are at risk because the radioactive gas can seep inside.

According to Health Canada, radon kills 3,200 Canadians a year and is the second leading cause of lung cancer after smoking.

Under the current building code, all new buildings in Area 1, east of the Coast Mountains which includes the Interior, must have a vent pipe installed to move radon gas out of the structure. There is no vent requirement in Area 2, everything west of the mountains, because it is considered a low radon potential region. Page 114 of 127

Nicol says the Coast Mountains are rich in uranium and this creates the perfect conditions for potential radon poisoning.

"North and West Vancouver and the Sea-to-Sky appear to have higher levels of uranium in the ground and they look a lot more like the Interior than the rest of Vancouver," Nicol said.

High-risk homes

A becquerel is the unit scientists use to measure radioactivity. Health Canada says radon measurements higher than 200 becquerels per cubic metre (200 Bq/m3) are a health risk.

Alan Whitehead, the president of Radon Environment Management Corp., tests homes for radon from Whistler to North Vancouver.

In the last three years, Whitehead says he has found radon levels between 600 Bq/m3 and 1,000 Bq/m3 in four West Vancouver homes.

Whitehead says at least 12 North Vancouver homes also tested above Health Canada safety levels.

"New homes often have a problem because they are constructed with energy conservation in mind. They are tighter and have less ventilation, creating a perfect storm for the build-up of radon gas," said Whitehead.

Whitehead wants the Area 1 building code applied provincewide

"You can't protect one group of citizens and not another when you know there is a potential health hazard," said Whitehead.

Change could come

The B.C. government is proposing changes to the building code and is seeking public feedback until Feb. 28. Page 115 of 127

"There is new evidence of radon in buildings in areas that were formerly not known to have elevated levels of radon," said the Ministry of Municipal Affairs and Housing in a statement.

The proposed changes would make municipalities in Area 2 responsible for establishing their own radon data and determining if radon vents should be mandatory.

Whitehead says this is a mistake.

"You don't want people who don't understand [the problem] to try and determine if they have a municipal problem. It's a health risk."

Get tested

Vancouver Coastal Health is also currently conducting tests in area schools, placing radon detection devices in classrooms in North Vancouver, West Vancouver, the Sea-to-Sky region, Powell River and the Central Coast.

Nicol will be at the North Vancouver City Library on Monday, Feb. 26 from 4 to 7 p.m. PT giving away test kits.

"We need people to be engaged and researching the radon gas levels in their homes," said Nicol.

"I'm hoping we can collect enough evidence from people's homes to inform building code changes."

Page 116 of 127

2018 British Columbia Building Code Public Review of Proposed Changes

PROPOSED CHANGE: Radon

CHANGE NUMBER: 2018-BCBC-11-Radon

CODE REFERENCE(S): 2015 National Building Code - Division A - Subsection 1.1.3., Division B - Subsection 9.13.4.

RELATED CODE REFERENCE(S): Division B / Table C-3 in Appendix C

DESCRIPTION OF THE PROPOSED AMENDMENT:

It is proposed to change the application of radon protection requirements to defer to the data established by the authority having jurisdiction and, in the absence of such data, to a revised table in the British Columbia Building Code (BCBC).

PROBLEM/GENERAL BACKGROUND:

The BCBC is based substantially on the model National Building Code of Canada (NBC). The NBC is updated about every five years and British Columbia adopts most of the NBC requirements into the next edition of the BCBC. However, the table of locations requiring radon rough-ins is unique to British Columbia. As such, the Province must update this table periodically.

Health Canada guidelines for indoor radon concentration establish an annual average concentration of 200 Bq/m³. In locations where there is evidence of radon concentration in buildings exceeding the Health Canada guidelines, a means to address high radon concentrations in the future is required by the BCBC, should unacceptable indoor radon concentrations be found once the building is completed.

2018 PROPOSED BRITISH COLUMBIA CODE LANGUAGE (Deleted text / Added text):

1.1.3. CLIMATIC AND SEISMIC DESIGN DATA

1.1.3.1. Climatic and Seismic Values

2) The outside winter design temperatures determined from Appendix C shall be those listed for the January 2.5% values. (See Appendix A.)

Page 117 of 127

1.1.3.2. Depth of Frost Penetration

1) Depth of frost penetration shall be established on the basis of local experience.

1.1.3.3. Soil Gas 1) Locations where the requirement for a means to address high radon concentrations in the future applies shall be determined in accordance with the data established by the authority having jurisdiction or, in the absence of such data, in accordance with Article 9.13.4.2. and Table C-3 in Appendix C.

9.13.4.2. Protection from Soil Gas Ingress

1) All wall, roof and floor assemblies separating conditioned space from the ground shall be protected by an air barrier system conforming to Subsection 9.25.3.

2) Except as permitted by Sentence (4), unless the space between the air barrier system and the ground is designed to be accessible for the future installation of a subfloor depressurization system, dwelling units and buildings containing residential occupancies shall be provided with the rough-in for a subfloor depressurization system conforming to Article 9.13.4.3.

3) Except as permitted by Sentence (4) or (5), where buildings are used for occupancies other than those described in Sentence (2), and are intended to be occupied on average for greater than 4 hours within a 24 hour period, protection from radon ingress and the means to address high radon concentrations in the future shall conform to a) Article 9.13.4.3., or b) Part 5 and 6 (see Article 5.4.1.1. and 6.2.1.1.).

(See Appendix A.)

4) Locations where the requirement for a means to address high radon concentrations in the future applies shall be determined in accordance with Article 1.1.3.3. of Division A.

5) Buildings described in Clause 9.16.2.1.(2)(b) need not conform to Sentence 9.13.4.2.(3).

Table C-3 Locations in British Columbia Requiring Radon Rough-Ins (see Article 9.13.4.2.)(1) Forming part of Appendix C Location Radon Area 1 or 2 Radon Rough-In Required/Not Required 100 Mile House 1 Required

Abbotsford 2 Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 2 of 9 Page 118 of 127

Agassiz 2 Not Required

Alberni 2 Not Required

Ashcroft 1 Required

Atlin 1 Required

Bamfield 2 Not Required

Barriere 1 Required

Beatton River 2 Not Required

Bella Bella 2 Not Required

Bella Coola 2 Not Required

Brackendale 2 Not Required

Burns Lake 1 Required

Cache Creek 1 Required

Campbell River 2 Not Required

Carmi 1 Required

Castlegar 1 Required

Chetwynd 1 Required

Chilliwack 2 Not Required

Clearwater 1 Required

Colwood Not Required

Comox 2 Not Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 3 of 9 Page 119 of 127

Coquitlam 2 Not Required

Courtenay 2 Not Required

Cranbrook 1 Required

Crescent Valley 1 Required

Crofton 2 Not Required

Dawson Creek 1 Required

Dease Lake 1 Required

Delta 2 Not Required

Dog Creek 1 Required

Duncan 2 Required

Elko 1 Required

Fernie 1 Required

Fort Nelson 1 Required

Fort St. John 1 Required

Garibaldi 2 Not Required

Genelle 1 Required

Glacier 1 Required

Gold River 2 Not Required

Golden 1 Required

Grand Forks 1 Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 4 of 9 Page 120 of 127

Greenwood 1 Required

Hope 2 Required

Invermere 1 Required

Jordan River 1 Required

Kamloops 1 Required

Kaslo 1 Required

Kelowna 1 Required

Kimberley 1 Required

Kitimat Plant 2 Not Required

Kitimat Townsite 2 Not Required

Ladysmith 2 Not Required

Langford 2 Not Required

Lillooet 2 Required

Little Fort 1 Required

Lytton 1 Required

Mackenzie 1 Required

Masset 2 Not Required

McBride 1 Required

McLeod Lake 1 Required

Merritt 1 Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 5 of 9 Page 121 of 127

Mission City 2 Not Required

Montrose 1 Required

Nakusp 1 Required

Nanaimo 2 Not Required

Nelson 1 Required

Ocean Falls 2 Not Required

Osoyoos 1 Required

Parksville 2 Not Required

Pemberton 2 Not Required

Penticton 1 Required

Port Alberni 2 Not Required

Port Alice 2 Not Required

Port Clements 2 Not Required

Port Hardy 2 Not Required

Port McNeill 2 Not Required

Port Moody 2 Not Required

Port Renfrew 2 Not Required

Powell River 2 Not Required

Prince George 1 Required

Prince Rupert 2 Not Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 6 of 9 Page 122 of 127

Princeton 1 Required

Qualicum Beach 1 Required

Queen Charlotte City 2 Not Required

Quesnel 1 Required

Revelstoke 1 Required

Rossland 1 Required

Salmon Arm 1 Required

Sandspit 2 Not Required

Sechelt 2 Required

Sidney 2 Not Required

Smith River 1 Required

Smithers 1 Required

Sooke 2 Not Required

Squamish 2 Not Required

Stewart 1 Required

Tahsis 2 Not Required

Taylor 1 Required

Terrace 1 Required

Tofino 2 Not Required

Trail 1 Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 7 of 9 Page 123 of 127

Ucluelet 2 Not Required

Valemont 1 Required

Vavenby 1 Required

Vancouver Region

Burnaby (Simon Fraser Univ.) 2 Not Required

Cloverdale 2 Not Required

Haney 2 Not Required

Ladner 2 Not Required

Langley 2 Not Required

New Westminster 2 Not Required

North Vancouver 2 Not Required

Richmond 2 Not Required

Surrey (88 Ave & 156 St.) 2 Not Required

Vancouver (City Hall) 2

Vancouver (Granville & 41 2 Ave) West Vancouver 2 Not Required

Vernon 1 Required

Victoria Region

Victoria (Gonzales Hts) 2 Not Required

Victoria (Mt. Tolmie) 2 Not Required

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 8 of 9 Page 124 of 127

Victoria 2 Not Required

Whistler 2 Required

White Rock 2 Not Required

Williams Lake 1 Required

Youbou 2 Not Required Notes to Table C-3: (1) Testing has demonstrated that specific areas of the province are at an elevated risk of the presence of indoor radon levels exceeding Health Canada guidelines. For locations identified in this table as not requiring a radon rough-in, there is not sufficient evidence to determine an elevated risk of the presence of indoor radon levels exceeding Health Canada guidelines at the time of publication.

RATIONALE FOR CHANGE:

Evidence of indoor radon levels exceeding Health Canada guidelines has been found in many areas that are currently exempted from providing a means to address high radon concentrations in the future (e.g., a rough-in for a subfloor depressurization system). Building codes and revisions to building codes are challenged to keep pace with the increasingly available radon data known to local authorities.

JUSTIFICATION/EXPLANATION:

Since the 2012 BCBC was published, new evidence1 has been submitted that identifies radon concentrations in buildings exceeding the Health Canada guidelines in some areas that were exempt from the BCBC’s requirement for a means to address high radon concentrations in the future. Table C-3 is proposed to be updated to reflect that evidence.

Further, it is proposed to defer the classification of radon areas to the data established by the authority having jurisdiction, who may have more current data of radon concentrations in their jurisdiction. It is also anticipated that the authority having jurisdiction will be able to respond more quickly than the BCBC when new evidence of radon concentration is found.

In the absence of data from the authority having jurisdiction, Table C-3 in the 2018 BCBC will apply.

Table C-3 has also been updated to delete the concept of radon areas 1 and 2. For clarity and ease of understanding, the new table defines whether the radon rough-in is required, or not required.

References within the City of Vancouver have been removed as the BCBC does not apply in those areas.

1 Cross Canada Residential Surveys of Radon Concentrations in Homes (2009-2011) National Radon Laboratory, Radiation Protection Bureau

Building and Safety Standards Branch, Province of British Columbia, Proposed Code Change Page 9 of 9 Page 125 of 127

CI_'xsta|Gotto

From: Concerned Citizens Sent: Friday,September 21, 2018 1:28 PM To: admin Subject: A message for Mayor AliceFinalland Council

Dear Alice,

I was glad to hear that a ‘covenant in perpetuity‘ on the 83 acres of the Sandown land exists. May I ask you to send (or scan) a copy of the document so I can fun/vard this to NS residents? Thank you in advance.

Hildegard

lE@lElN7E sap 2 1 arm-Bl_J

D‘stain‘:ornew smxmcu uszuMILLSROAD

Corpor e 0i?c/ ACT N Agenda §aunci|InfoPk El ReadingFile ElStallRecommendation Page 126 of 127 Page 127 of 127

LisaCoburn

From: Anne Berry Sent: Monday, September 24, 2018 9:54 AM To: Cc: Curt Kingsley;LisaCoburn Subject: RE:A message for Mayor Alice Finall and Council

Good morning Ms. Horie,

Your correspondence below willappear on a future Council agenda. in the meantime, in advance of Council receiving your request, here is a link to the LandTitle Survey Authority website so that you can order the covenant through their online service if you wish: https://Itsa.ca/property-information/order-document~or~p|an . I believe you are referring the agricultural use covenant. For your reference, the document number is CA6436577. if you are meaning a different document please let me know.

I hope this information is helpful.

Regards,

Anne Berry Director of Planning and Community Services T: 250.655.5471

Original Message From: Concerned Citizens Sent: Friday, September 21, 2018 1:28 PM To: admin Subject: A message for Mayor Alice Finall and Council

Dea r Alice,

1was glad to hear that a ‘covenant in perpetuity‘ on the 83 acres of the Sandown land exists, May I ask you to send (or scan) a copy of the document so I can forward this to NS residents? Thank you in advance.

Hildegard