Bylaws for Approval Consideration 6.1

Executive Committee Agenda

Date Tuesday, July 23, 2013 Time 10:00 am - 4:00 pm Location: Islands Trust Victoria Boardroom 200-1627 Fort Street, Victoria, BC

Pages

1. CALL TO ORDER

2. APPROVAL OF AGENDA 2.1. Introduction of New Items 2.2. Approval of Agenda

3. ADOPTION OF MINUTES 3.1. June 25, 2013 5 - 10

4. FOLLOWUP ACTION LIST AND UPDATES 4.1. Followup Action List 11 - 13 4.2. Directors' Updates 4.3. Local Trust Committee Chair Updates

5. TRUST COUNCIL MEETING PREPARATION 5.1. Trust Area Services 5.1.1. Draft Advocacy Policy Session Outline 14 - 14 5.2. Executive/Trust Council

5.2.1. September Trust Council 2013 Agenda Program 15 - 16

6. BYLAWS FOR APPROVAL CONSIDERATION 6.1. Bowen Municipal Bylaws 335 and 336 17 - 55

That the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 335, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 335, 2013”.

That the Executive Committee advise Bowen Island Municipality that it has no ojbections to Bylaw 336, cited as "Bowen Island Building Bylaw No. 65, 2002, Amendment Bylaw No. 336, 2013".

6.2. Bowen Municipal Bylaws 343 and 344 56 - 99

That the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 343, cited as “Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010, Amendment Bylaw No. 343, 2013”.

That the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 344, cited as "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 344, 2013". 6.3. Salt Spring Island LTC Bylaw 464 (LUB amendment) 100 - 112

That the Executive Committee approve Proposed Bylaw 464, cited as “Salt Spring Island Land Use Bylaw, 1999, Amendment No. 1, 2013", under section 24 of the Islands Trust Act.

6.4. Mayne Island LTC Bylaw 158 (LUB amendment) 113 - 125

That the Executive Committee approve Mayne Island Bylaw No. 158 cited as "Mayne Island Land Use Bylaw No. 146, 2008, Amendment No. 1, 2013" under Section 24 of the Islands Trust Act.

2 7. EXECUTIVE COMMITTEE PROJECTS 7.1. Trust Council Initiated 7.1.1. Smart Meter Opt-Out letter to Minister 126 - 127 7.2. Executive Committee Initiated

7.2.1. Video project terms of reference and procurement process - Decision 128 - 134

That the Executive Committee direct staff to proceed with contracting production of a video of up to 10 minutes, as well as shorter excerpts for media use and posting online, about the Islands Trust Area as per the July 23 draft Terms of Reference and Procurement Process.

7.2.2. PRRD Chair Palmer to Coastal RD Chairs re BC Ferries 135 - 138

8. NEW BUSINESS 8.1. Trust Area Services 8.1.1. UBCM Convention - Meeting with Minister re Derelict Vessels 139 - 142 8.1.2. UBCM Convention - Request for Topics: Electoral Area Directors Forum 143 - 144 8.1.3. Consider advocacy re provincial recycling funding model 145 - 148 8.1.4. Assoc of Denman Isl Stewards re DFO geoduck managment framework 149 - 149 proposal 8.1.5. Derelict vessels and vehicles on road allowance 8.1.6. MP Morin re Support for Motion M441 - Review of Vessel Operation 150 - 152 Restriction Regulations 8.2. Local Planning Services 153 - 153 8.2.1. Bruce Pendergast re: North Pender Bylaw Enforcement 154 - 159 8.2.2. Strategic Plan on LTC Agendas 160 - 160 8.3. Executive/Trust Council

8.3.1. UBCM Convention - MLA/Electoral Area Director Breakfast 8.3.2. Potential Videotaping of Trust Council Meetings 8.3.3. State of the Island Economic Summit Oct 29-30, Nanaimo 161 - 162 8.3.4. October 29 Executive Committee Meeting date change request

9. CLOSED MEETING

That the meeting be closed to the public at pursuant to s. 90(1) (i) of the Community Charter related to solicitor-client privilege and that staff attend the meeting.

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

11. CORRESPONDENCE (for information unless raised for action) 11.1. Sara Steil re Pleasure Craft Sewage 163 - 163

12. WORK PROGRAM 12.1. Review and amendment of current work program 164 - 168

13. ADJOURNMENT

Executive Committee Minutes of Meeting

Date: Tuesday, June 25, 2013 Location: Islands Trust Victoria Office

Trustees Present: Sheila Malcolmson, Chair David Graham, Vice Chair Peter Luckham, Vice Chair Ken Hancock, Vice Chair

Staff Present: David Marlor, Local Planning Services Director and Acting CAO Cindy Shelest, Administrative Services Director Lisa Gordon, Trust Area Services Director Marie Smith, Executive Coordinator and Recorder

Staff Absent: Linda Adams, Chief Administrative Officer

1. CALL TO ORDER

The meeting was called to order at 10:50 am. Chair Sheila Malcolmson acknowledged that the meeting was being held in traditional territory of the Coast Salish First Nations.

2. APPROVAL OF AGENDA

Additions to the Agenda: 8.1 Liquid Bulk Handling Informational Tour 8.2 Bowen Golf Club re Community Stewardship Awards 8.3 I. Kirkham et al re Seaweed Harvesting

By General Consent, the agenda was adopted, as amended.

3. MINUTES OF MEETING/FOLLOWUP

3.1 Minutes of Previous Meetings

3.1.1 June 11, 2013

By General Consent, the Executive Committee adopted the June 11, 2013 Minutes of Meeting, as presented.

3.2 Follow-up Action List

Provided for information.

4. LOCAL PLANNING SERVICES

4.1 Updates

4.1.1 Director’s Update

Director of Local Planning Services David Marlor updated the Executive Committee on follow up action list items and current activities. Executive Committee Minutes of Meeting – June 25, 2013 - DRAFT Page 1 5

4.1.2 Local Trust Committee Chair Updates

Executive Committee members provided verbal updates on recent activities in their roles as local trust committee chairs.

4.2 Bylaws

4.2.1 Galiano Island LTC Bylaw No. 240 (LUB Amendment)

This bylaw would amend the Galiano Island Land Use Bylaw to make it consistent with the adopted changes to the Official Community Plan. The specific areas addressed in this bylaw are Section 3 Home Occupation Regulations, Section 16 – Sign Regulations, and permitting small scale husbandry in residential zones.

Resolution EC 194-2013

It was Moved and Seconded:

That the Executive Committee approve Proposed Bylaw No. 240, cited as “Galiano Island Land Use Bylaw No. 127, 1999, Amendment No. 5, 2012” under Section 24 of the Islands Trust Act. CARRIED

4.2.2 Bowen Island Municipal Bylaw No. 339 (LUB Amendment)

Bylaw 339 is a Land Use Bylaw Amendment to correct an error in Bylaw No. 311, a land use bylaw amendment that rezoned a 4.3 hectare parcel for co-housing purposes. Bowen Island Municipality has referred this bylaw to the Executive Committee; it is a ‘non-OCP’ bylaw that requires comment only, rather than approval.

Resolution EC 195-2013

It was Moved and Seconded:

That the Executive Committee advise Bowen Island Municipality that Bylaw 339, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 339, 2013” is not contrary to or at variance to the Islands Trust Policy Statement and that the Executive Committee has no objections to the Bylaw. CARRIED 4.3 Other

4.3.1 Policy Statement Checklist and Strategic Plan on LTC Meeting Agendas

Concern was raised that there does not appear to be a consistent approach to assessing bylaws against the Policy Statement Checklist. The Director of Local Planning Services advised that the Islands Trust Policy Statement Implementation indicates that determination of conformity to the Policy Statement is the responsibility of the local trust committees. The Director indicated he is aware of these differences in interpretation and is working with the Regional Planning Managers to improve the process and ensure consistency. Discussion took place regarding how to place the Strategic Plan on local trust committee agendas including consideration of a “context statement” and frequency. The Director agreed to review with the Regional Planning Managers and report back.

4.3.2 Bylaw Enforcement Reporting Update

The Director of Local Planning Services provided an update on bylaw enforcement reporting and internal review of procedures to ensure consistency with the Islands Trust Bylaw Enforcement Policy. Executive Committee Minutes of Meeting – June 25, 2013 - DRAFT Page 2 6 The Director will provide an email to all trustees advising of adjustments to procedures and new reporting will be available for September Trust Council.

5. TRUST AREA SERVICES (L. Gordon)

5.1 Director’s Update

Director of Trust Area Services updated the Executive Committee on follow up action list items and current activities.

5.2 Other

5.2.1 Islands Trust Video Project –next steps

Staff presented a Request for Decision for Executive Committee’s consideration to complete a grant funded video project for the Islands Trust. If approved staff would undertake a Request for Qualifications process to identify qualified Islands Trust Area video producers and issue an invitation to quote. Once a contract is awarded, staff will arrange a session with the Executive Committee and the contractor to determine the key themes to be featured in the video. The Executive Committee will also have an opportunity to approve the script and shot list, as well as the rough cut and the penultimate version of the video. The completed video would be posted on the Islands Trust web site and YouTube with DVD copies available for staff/trustee use at community events.

Staff was requested to send existing storyboards and the original rough cut to Executive Committee members prior to the next meeting.

Resolution EC 196-2013

It was Moved and Seconded:

That the Executive Committee request staff to provide a terms of reference, competitive bidding process and list of potential contractors for the Islands Trust video project for review at the July 23 Executive Committee meeting. CARRIED

5.2.1 J. Killam re Coal Export Opposition Letter

The Chair will response directly by email to the writer regarding her concerns with Trust Council’s position on coal exports.

6. ADMINISTRATIVE SERVICES

4.1 Director’s Update

The Director of Administrative Services provided an update on the Ministry of Finance staff’s position with respect to special levies. The Director will discuss with the CAO and report back.

7. EXECUTIVE/TRUST COUNCIL

7.1 CAO Update

No update with CAO absent.

Executive Committee Minutes of Meeting – June 25, 2013 - DRAFT Page 3 7 7.2 Other

7.2.1 Appointment of Deputy Secretary

Resolution EC 197-2013

It was Moved and Seconded:

That the Executive Committee appoint Sharon Lloyd-deRosario to the office of Deputy Secretary for the Southern Office, effective immediately. CARRIED

7.3 Post Council Joint Session with Management

7.3.1 Roundtable

Executive Committee members and senior staff provided comments about the March 2013 Council meeting program and logistics and suggestions for future consideration.

7.3.2 Trustee Comments/Requests

Members and senior staff reviewed and discussed the post Council comments provided by Trustees Johnston.

7.3.3 Trust Council Follow up Action List

By General Consent, it was requested that the Council meeting dates of items on the Trust Council Followup Action List be added where possible.

Resolution EC 198-2013

It was Moved and Seconded:

That the Executive Committee request staff advice on allocating Trust Council Followup Action items to Council committees and the Executive Committee, for consideration of inclusion in the work program. CARRIED

7.3.4 June 2013 Council Decision Highlights

By General Consent, the Executive Committee endorsed the June 2013 Islands Trust Council Decision Highlights, as amended. Staff will post to the website and forward to trustees and staff.

7.3.5 Trust Council Continuous Learning Plan

Executive Committee members reviewed and discussed topics proposed for upcoming Council meetings, in particular requested staff advice for the need for an Advocacy Policy Session at the September meeting, and to add GHG Emission Best Planning Practices as a webinar/outside of Trust Council meetings.

7.4 Work Program

The Consolidated Work Program was reviewed and discussed, and the following changes were recommended:

Executive Committee Minutes of Meeting – June 25, 2013 - DRAFT Page 4 8 Top Priorities

Under EXEC • EX-12-02 - Change title to " Islands Trust Impact Analysis - budget impacts with regard to possible SSI incorporation"

Under TAS • Director of Trust Area Services to check and report back on what remains on potential liaison program re new MLA, Minister and Critic orientation.

Under Legislative Services • Correspondence policy – Legislative Services Manager to provide update at a future meeting.

Long List

Under EXEC • EX-12-07 - change to a strategic plan item - flag this in the strategic plan column - change from no to yes

Under LTC Assistance • No. 9 and 10 - remove • No. 12 - move to the Followup Action List and delete • No. 11 - provide advice on what the Executive Committee could do or recommend deletion • No 6 - LT-12-01 - delete

By General Consent, the Executive Committee adopted the Executive Committee Consolidated Work Program, as amended June 25, 2013.

8. NEW BUSINESS

8.1 Liquid Bulk Handling Informational Tour Update

Chair Malcolmson provided a verbal report about her recent trip to Norway to participate in the June 18-21 Liquid Bulk Handling Informational Tour and the best practices learned about the programs Norway has in place to address oil spill response and prevention.

8.2 Bowen Golf Club re Community Stewardship Awards

Chair Malcolmson will reply directly to the writer by email regarding his concerns with the Community Stewardship Awards selection process.

8.3 I. Kirkham et al re: Seaweed Harvesting

Staff to draft reply for Chair’s signature about where to find information on our website.

9. CLOSED SESSION

That the meeting be closed to the public at pursuant to s. 90(1) (i) of the Community Charter related to solicitor-client privilege and that staff attend the meeting. CARRIED The meeting closed at 2:50 and reopened at 3:10 pm.

Executive Committee Minutes of Meeting – June 25, 2013 - DRAFT Page 5 9 10. RISE AND REPORT

There were no items.

11. NEXT MEETING AND ADJOURNMENT

Resolution EC 188-2013

It was Moved and Seconded:

That the meeting be adjourned. CARRIED The meeting adjourned at 8:11 pm.

Next meeting: July 23, 2013, in Victoria, BC

______Sheila Malcolmson, Chair, Islands Trust Council Marie Smith, Executive Coordinator and Recorder

Executive Committee Minutes of Meeting – June 25, 2013 - DRAFT Page 6 10 Rev: July 17/13

Executive Committee Follow-up Action List

EC Mtg Bold = regular items WHO / Activity WITH/TO TARGET LINDA ADAMS Executive Committee Work Program - review priorities Every mtg. EC Work Program – adopted as amended (amendments detailed under each Done Jun 25/13 directors area) EC Work Program priorities – change title of EX-12-01 to “Islands Trust Impact Done Jun 25/13 Analysis – budget impacts with regard to possible SSI incorporation” EC Work Program long list – EX-12-07 – flag as strategic plan item in the Done Jun 25/13 Strategic plan column Trust Council Continuous Learning – provide advice to the EC on need for w/DM/CS/LG Aug Jun 25/13 Advocacy Policy session at September Trust Council TC FUAL – provide advice to EC on allocating TC items to EC or Council w/DM/CS/LG July Jun 25/13 Committees, place on next agenda. Jun 25/13 Strategic Plan Status – place on future agenda for a mid-term SWOT analysis Aug May 28/13 Review Policy 2.4.iv re EC meeting preparation in four months Oct Feb 19/13 Amend Council Committee work program format re Council approval Aug Jul 28/09 Consider attending LTC meetings (in consultation with LTC Chairs) Ongoing DAVID MARLOR Affordable housing – assist SM with email to trustees re existing affordable Done Jun 25/13 housing material on website EC Work Program long list – No 11 – provide advice to EC on what EC can do or July 23 Jun 25/13 recommend delete EC Work Program long list –delete 6, 9 and 10, move 12 to FUAL and delete Done Jun 25/13 from the work program long list Trust Council Continuous Learning – discuss with RPMs north and south Done Jun 25/13 provision of regional trustees roundtable discussion outside of Council Trust Council Continuous Learning – Good planning practices – provide update to Aug Jun 25/13 trustees on GHG emission reduction tools outside of council as email or webinar presentation TC FUAL – provide advice to EC on allocating TC items to EC or Council w/DM/CS/LG Aug Jun 25/13 Committees, place on next agenda. Bylaw Enforcement procedure changes – after internally implementing changes Sep Jun 25/13 consistent with policy send email to advise trustees of the changes Strategic Plan –how to place on LTC agendas with context – next LPS Aug Jun 25/13 management meeting and report back to EC Policy Statement Checklist – ensure planners are taking consistent approach – Aug Jun 25/13 discuss with RPMs next LPS Management meeting and report back to EC Add Policy Statement Checklist and Strategic Plan on Local Trust Committee Sep May 27/13 Meeting Agendas to post Council meeting

EC Mtg Bold = regular items WHO / Activity WITH / TO TARGET LISA GORDON Legislative Monitoring Chart (bi annual) w/CF Dec Correspondence re Seaweed Harvesting – send copy of the letter & response to July Jun 25/13 planner ME and RM in northern office. Draft reply thanking sender for the information and advising of Council action, refer to documents on IT website Jun 25/13 Bowen Island Golf Club – Chair Malcolmson to reply – copy to MS SM Done Jun 25/13 Judi Killam letter – Chair Malcolmson to reply – copy to MS SM done EC FUAL – item on liaison program re new MLA, Minister and Critics orientation – w/LA Aug Jun 25/13 what remains to be done on this - check with CAO and report back to EC TC FUAL – provide advice to EC on allocating TC items to EC or Council w/DM/CS/LG Aug Jun 25/13 Committees, place on next agenda. Jun 25/13 Changes to Provincial recycling – KH to discuss with LG – place item on July w/KH July 23 agenda for discussion on whether or not to undertake advocacy Jun 25/13 Video Project – provide rough cut/old story boards to EC members either by email w/LS Done or at the next EC meeting (as soon as possible is preferred) Jun 25/13 Video Project – provide a terms of reference, competitive bidding process and list w/LS July 23 of potential contractors for review by EC Jun 25/13 Amend the TAS portion of the work program as proposed by the TAS Director Done Jun 25/13 Bowen LUB Bylaw 339 – advise Bowen Island Municipality of no objection w/KF Done Apr 23/13 Draft Chair letter seeking referrals related to seaweed harvesting w/DM July Jan 24/13 Integrate communications plan with Executive Committee work program/priorities 2013 Dec 18/12 Make decision re Lasqueti funding (implementation on short list after decision) w/SS 2013

Nov 20/12 Develop advice re Seymour Park correspondence w/LA/CT July Place on future agenda - Clarify scope of activity re support for comprehensive w/CF 2013 Oct 30/12 Howe Sound management plan Place on future agenda - Puget Sound Partnership re Vessel Traffic Risk w/CF 2013 Oct 16/12 Assessment Meeting package standards for webposting of EC and Council Committee July Aug 14/12 agendas

CINDY SHELEST Trust Council – budget update and special tax requisition – add to Council agenda Sept Jun 25/13 w/CS for September Email and document management and project management options for trustees July 23 Jun 25/13 – discuss with information systems group on July 15 and report back to EC Trust Council Continuous learning – workplace BC session – discuss with Linda July 23 Jun 25/13 need for in-camera session and report back to EC TC FUAL – provide advice to EC on allocating TC items to EC or Council w/DM/CS/LG Aug Jun 25/13 Committees, place on next agenda. Special Tax Requisition – Discuss Ministry of Finance position with CAO and July 23 Jun 25/13 consider if need to add to the EC workprogram, report back to EC Mar 19/13 Include info re special tax requisition at a future TC meeting w/FPC Sept Feb 5/13 Provide advice re TC continuous learning plan delivery by webinar – technical w/mgmt 2013 Forward draft Council Committee meeting agenda to respective Executive ongoing July 3/12 Committee rep - EC rep to correspond with CC Chair/staff prior to meeting MARIE SMITH Jun 25/13 In-camera item – place on next in-camera agenda done Trust Council – Tanker Presentation by SM – add to council program in a suitable done Jun 25/13 location (after delegations and townhall for example) – approx.. 30 minutes Trust Council Decision highlights – add wording to explain what powers are being done Jun 25/13 delegated to Salt Spring LTC; add introduction on community stewardship awards; add word “ferries”on second page, last item; make “smartmeter” two words. Trust Council in September – invite regional directors for Texada, Cortes and Aug Jun 25/13 w/SM Quadra to Council 12 Trust Council FUAL – update to provide specific start and due dates to the TC done Jun 25/13 FUAL Strategic Plan - PL and SM to put together resolution on helpful way to make this July 23 Jun 25/13 useful at the LTC meetings. Return this after lunch. This didn’t happen so place on next agenda and remind SM and PL. Jun 25/13 Minutes of June 11 adopted as presented – finalise and post to website done Jun 11/13 Add ‘EC work program’ to July meeting agenda for discussion (all managers) done May 28/13 Place Policy 2.4.vi on future meeting agenda for review Fall 2013 Feb 5/13 Arrange meeting with Minister re TFB and other current matters Pending Dec 18/12 Add ALC videotape distribution to a future agenda, following new website launch 2013 CARMEN THIEL Jun 25/13 Correspondence Policy work program priority – report back ot EC on status Aug Deputy Secretary – EC appointed Southern Planning Clerk SL as Deputy Clerk – done Jun 25/13 advise SL Proceed with FOIPPA session plans for Sept Trust Council – focus on email Aug May 7/13 handling (personal email and how/when to delete email)

September 2013 Islands Trust Council Session 1

Advocacy Policy/Program 1:30 p.m. – 3:00 p.m., Tuesday, September 10, 2013

Purpose: To provide trustees with an understanding of the Islands Trust Advocacy Policy and to discuss current priorities.

Chair: Sheila Malcolmson, Chair, Islands Trust Council

Resources: Lisa Gordon, Director, Trust Area Services Linda Adams, Chief Administrative Officer

1:30 – 1:35 Welcome and Introductions S. Malcolmson

1:35 – 1:50 Overview of Advocacy Policy L. Gordon  Purpose/Background  Principles of effective advocacy  Roles  Local trust committee advocacy

 Process for new advocacy ideas

1:50 – 2:05 Current advocacy topics L. Gordon

2:05 – 2:25 Advocacy Program Challenges (demand and capacity) L. Gordon

2:25 – 2:40 Options L. Gordon

2:40 – 3:00 Questions from trustees S. Malcolmson

Relevant Islands Trust Policy Statement section:

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

draft Sept 2013 Islands Trust Council Agenda Program Location: Lasqueti Island

July 16/13 ‘ Tuesday, September 10 Wednesday, September 11 Thursday, September 13

A.M.

8:30 – 9:15 Closed Session* 8:30 – 10:30 Trustee Group Discussions • CAO Report • Litigation Update 10:30 Meeting Adjourned • Workers Compensation Act Changes – Occupational Health and Safety 11:00 Ferry to French Creek 9:15 – 10:15 Refresher on Administrative Fairness in Application Processes

10:15 – 10:45 Break 11:00 Chartered Water Taxi to Lasqueti Island 11:15 – 11:45 Freedom of Information and Protection of Privacy

P.M. 12:00 – 1:00 Lunch 11:45 – 1:30 Lunch and Island Trip -

1:00 Call to Order/Notice of New Items 1:30 – 1:35 Community Stewardship Award Presentation 1:05 – 1:30 Community Presentation 1:35 – 2:30 Delegations and Town Hall 1:30 – 3:00 Advocacy Policy Session 2:30 – 3:00 Shipping and Tanker Advocacy 3:00 – 3:30 Break Presentation

3:30 – 5:30 Decisions and Information Items 3:00 – 3:30 Break

3:30 – 5:30 Decision and Information Items

** Members of the public are invited to attend all sessions except any closed meeting and meals. - 5 hours scheduled for Decision and Information Items 15

REQUEST FOR DECISION

To: Executive Committee For the Meeting of:: July 23, 2013

Date: July 17, 2013

SUBJECT: BOWEN ISLAND – LUB BYLAW 335 & BUILDING BYLAW 336 – S.15 LETTERS PATENT REFERRAL

RECOMMENDATION: THAT the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 335, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 335, 2013”

THAT the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 336, cited as “Bowen Island Building Bylaw No. 65, 2002, Amendment Bylaw No. 336, 2013”.

CHIEF ADMINISTRATIVE OFFICER COMMENTS: Bowen Island Municipality has referred Bylaw 335 and Bylaw 336 to the Executive Committee after first reading. They are ‘non-OCP’ bylaws that require comment only, rather than approval. Staff recommends that the Executive Committee advises that the bylaws are not contrary to or at variance to the Islands Trust Policy Statement.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: None

FINANCIAL: None

POLICY: Islands Trust Act; Islands Trust Policy Statement; Bowen Island Letters Patent; and Protocol Agreement – Islands Trust Council and Bowen Island Municipality.

IMPLEMENTATION/COMMUNICATIONS: Communication to Bowen Island Municipality before August 18, 2013 on the Executive Committee decision.

OTHER: None

1.0 BACKGROUND:

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

17 Islands Trust Request For Decision Page 1 Note 2 – the Bowen Letters Patent refer to “Islands Trust”, while the authority for bylaw approval is the “Executive Committee”. Both are deemed to mean the same thing. For the purpose of this report, the term “Executive Committee” shall be used, except where quoting from legislation.

1.1 Bowen Island Land Use Bylaw Amendment 335 & Bowen Island Building Bylaw Amendment 336

Bylaw 335 is a Land Use Bylaw Amendment to revise the Water Use Zones – Water General (Coastal) 1 (WG1), Water Commercial (Marina) 1 (WC1), and Water Civic (WCi) and to add definitions to the Bowen Island Municipality Land Use Bylaw No. 57, 2002. In November 2012, the province issued approval of foreshore tenure for the purpose of constructing, operation and maintaining several private moorage facilities that adjacent to lots at Cape Roger Curtis. Even though the private moorage facilities were substantially larger than other private moorage facilities on Bowen Island, the proposed docks met the requirements of the Bowen Island Land Use Bylaw which currently does not regulate the size of docks. This prompted the Bowen Island Council to direct staff to research and develop recommendations to deal with shoreline and maritime issues. One of the recommendations was to amend the land use bylaw to further protect the shoreline while providing opportunities for reasonable access to the water.

After gathering public input and redefining the proposed amendment, the following revisions to the Water Use zones are proposed: • Define ‘gangway’, ‘group moorage facility’, ‘private moorage facility’, and ‘property line extension’. • Amend the permitted uses for the Water Use zones to clarify the intent of the permitted uses. • Regulate the minimum setbacks to any property line extension, minimum setbacks to another moorage facility, and minimum setbacks to a lot providing public beach access. • Regulate the width of gangway, maximum area of floats, number of private moorage facilities to upland lots, and restricting private and group moorage facilities as an accessory use to upland residential lots. • Ensure that any community dock, private moorage facility, or group moorage facility shall be located such that it will not limit use of or physically divide a beach, or negatively impact eelgrass meadows, kelp beds, clam beds or mussel beds.

The Bowen Island Municipality is also proposing to amend the Bowen Island Building Bylaw No. 65, 2002 to require the submission of a building permit for a Private Moorage Facility and for a Group Moorage Facility. The building bylaw amendment would also require the building permit application to include plans by a registered professional for all improvements associated with the group moorage facility or the private moorage facility.

The Bowen Island Municipal Council gave First Reading to proposed Bylaw 335 on June 24, 2013 and Bylaw 336 received First and Second Reading on June 24, 2013.

1.2 Bowen Island Letters Patent

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

• Section 15 states that “where a municipality proposes to adopt a bylaw, other than an official community plan bylaw, which has any reference to a matter included in the Trust Policy Statement, the municipality shall refer the proposed bylaw to the Islands Trust prior to third reading of the proposed bylaw, and the Islands Trust must advise the Council if it has any objections to the proposed bylaw within 45 days after the date of the referral, subject to the provisions of, and procedures which may be established in an agreement between the municipality and the Islands Trust pursuant to section 17.0 of 18 Islands Trust Request For Decision Page 2 these Letters patent, after which time Council may proceed with the proposed bylaw subject to Section 15.1 of these Letters Patent.

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

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

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

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

1.5 Executive Committee Consideration The Letters Patent sets out the time limits on the process for a referral before Third reading. The Executive Committee has 45 days from the date of receipt of the LUB referral to provide written comments to The Municipality.

The Municipality referred the Bylaw for comment to the Islands Trust Executive Committee on June 28, 2013 and the bylaw was received on July 4, 2013. A response is required to be received at the Municipality no later than the end of the day on August 18, 2013.

Section 15 of the Letters Patent requires that the Executive Committee advise the Municipality if it has any objection to the bylaw within the 45 day time limit.

The Executive Committee may: 1. advise the Municipality that is no objections to the bylaw; or 2. advise the Municipality that it consider that provisions of the bylaw may be contrary to or at variance with the Trust policy statement. 19 Islands Trust Request For Decision Page 3

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

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

2.0 REPORT/DOCUMENT:

2.1 Bylaw 335 & 336 – Analysis

The Bowen Island Municipality Official Community Plan (OCP) Marine Resources/Foreshore objectives seek to protect the natural and scenic values of the coastline that provide the rural maritime atmosphere of the island, protect coastline habitat areas for marine life, and to identify, protect and preserve sensitive coastal vegetation. Policy 76 of the OCP states that private moorage and docks are subject to the following: • private moorage will not impede pedestrian access along the beach portion of the foreshore; • the siting of new private moorage will be undertaken in a manner that is consistent with the orientation of neighbouring private moorage and is sensitive to views and other impacts on neighbours; and • the Land Use Bylaw will set out detailed provisions related to siting, setbacks, size, configuration, width, materials, and projections for private moorage. Additionally, owners and builders will refer to best management practices, published by Transport Canada, Navigable Waters Protection Division, prior to construction of any foreshore moorage or works.

The proposed Bylaw 335 is consistent with the Bowen Island Official Community Plan. The amendment will ensure further protection of the sensitive coastline by regulating the size, use, and number of moorage facilities, and by ensuring that any community dock, private moorage facility, or group moorage facility shall not negatively impact sensitive ecosystems. Staff are of the opinion that developing Development Permit Area Guidelines in the future will help to further identify, protect and preserve sensitive coastline.

The proposed Bylaw 336 is consistent with the Bowen Island OCP and will complement the objectives of the LUB bylaw amendment.

The Bowen Island Planning Report includes a completed Islands Trust Policy Statement (ITPS) and concludes that no inconsistencies between bylaws and the ITPS were found.

2.2 Policy Statement Directives Only Checklist

Attachment 1 is a copy of the “Policy Statement Directives Only Checklist” that is used to assess whether or not a bylaw is contrary to or at variance with the Islands Trust Policy Statement (ITPS). 20 Islands Trust Request For Decision Page 4

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

Proposed Bylaw 335 and Bylaw 336 are consistent with the ecosystems policies 3.1.3 and 3.1.4, and the coastal and marine ecosystems policies 3.4.4 and 3.4.5. All other policies in this section are not applicable to the proposed bylaw.

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

Proposed Bylaw 335 and Bylaw 336 are consistent with the coastal areas and marine shorelands policies (4.5.8 to 4.5.11). All other policies in this section are not applicable to the proposed bylaw.

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

Proposed Bylaw 335 and Bylaw 336 are consistent with the aesthetic qualities policy 5.1.3, the growth and Development policies (5.2.3 and 5.2.4) and the recreation policies (5.5.4 to 5.5.6) in this section of the ITPS. All other policies in this section are not applicable to the proposed bylaw.

2.3 Staff Comments

Based on a review of the Bylaw, Planning Report and minutes supplied, Staff is of the opinion that the Bylaws are not contrary or at variance with the ITPS.

2.4 Public Comments to Executive Committee

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

ATTACHMENTS: 1. Islands Trust Policy Statement - Directives Only Checklist 2. Bylaw 335 – LUB amendment 3. Bylaw 336 – Building Bylaw amendment

KEY ISSUE(S)/CONCEPT(S): 21 Islands Trust Request For Decision Page 5 • referral of the Bylaw 335 and Bylaw 336 under s.15 of the Letters Patent • Referral is before Third Reading • Written response to Bowen Island Municipality required by August 18, 2013 (45 days after date of receipt of the referral on July 4, 2013) • Comments from Executive Committee limited to whether or not the bylaws are contrary to or at variance with the ITPS • Staff considers that Bylaw 335 and Bylaw 336 are not contrary to or at variance with the ITPS.

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

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

RESPONSE OPTIONS

Recommended: As above.

Alternatives: o Advise The Municipality in writing that the Executive Committee considers that Bylaw 335 and Bylaw 336 are contrary to or at variance with the Islands Trust Policy Statement for other specified reasons, triggering notification of the Minister.

Prepared By: Kim Farris, Planner 1

Reviewed By/Date: David Marlor, DLPS July 17, 2013

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

Bylaw and File No: BIM 335 & 336 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

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

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

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

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

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

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

PART IV: Policies for the Stewardship of Resources

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

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

PART V: Policies for Sustainable Communities

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

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

27 Islands Trust Request For Decision Page 11 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55

REQUEST FOR DECISION

To: Executive Committee For the Meeting of:: July 23, 2013

Date: July 17, 2013

SUBJECT: BOWEN ISLAND –OCP AMENDMENT BYLAW 343 & LUB AMENDMENT BYLAW 344 – S.14.3 & S.15 LETTERS PATENT REFERRAL

RECOMMENDATION: THAT the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 343, cited as “Bowne Island Municipality Official Community Plan Bylaw No. 282, 2010, Amendment Bylaw No. 343, 2013”.

THAT the Executive Committee advise Bowen Island Municipality that it has no objections to Bylaw 344, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 344, 2013”.

CHIEF ADMINISTRATIVE OFFICER COMMENTS: Bowen Island Municipality has referred Bylaw 343 and Bylaw 344 to the Executive Committee after their first reading. Bylaw 343 and Bylaw 344 require comment only, rather than approval. Staff recommends that the Executive Committee advises that the bylaws are not contrary to or at variance to the Islands Trust Policy Statement.

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: None

FINANCIAL: None

POLICY: Islands Trust Act; Islands Trust Policy Statement; Bowen Island Letters Patent; and Protocol Agreement – Islands Trust Council and Bowen Island Municipality.

IMPLEMENTATION/COMMUNICATIONS: Communication to Bowen Island Municipality before August 18, 2013 on the Executive Committee decision.

OTHER: None

1.0 BACKGROUND:

Note 2 – the Bowen Letters Patent refer to “Islands Trust”, while the authority for bylaw approval is the “Executive Committee”. Both are deemed to mean the same thing. For 56 Islands Trust Request For Decision Page 1 the purpose of this report, the term “Executive Committee” shall be used, except where quoting from legislation. 1.1 Bowen Island Municipality OCP Amendment Bylaw 343 and Land Use Bylaw Amendment 344 – First Reading

The Municipality has given First Reading to the OCP Amendment Bylaw 343 and Land Use Bylaw Amendment 344and in accordance with the Bowen Island Municipality’s Letters Patent, has referred the proposed bylaws to the Islands Trust Executive Committee for comment prior to a Public Hearing.

Before providing details and analysis of the updated OCP, the Executive Committee should first be aware of the legislative scheme under which the updated OCP has been sent to the Executive Committee, the role of the Executive Committee and time constraints.

1.2 Bowen Island Letters Patent

The relevant sections of the Bowen Island Letters Patent related to the Executive Committee’s responsibilities in consideration of municipal bylaws are summarized as follows: • Section 14.3 states that “With respect to an updated official community plan bylaw, the Council must: a) Refer the updated bylaw to the Islands Trust before a public hearing is held; b) not hold a public hearing on the bylaw before the municipality is advised in writing of the comments of the Islands Trust, or before 45 days from the date of referral, whichever is earlier; c) In the event that the Islands Trust identifies that the provisions of the bylaw may be contrary to or at variance with the trust policy statement, meet with the Islands Trust to review the updated bylaw not later than 60 days after the date of the response to the referral, and a public hearing on the updated bylaw must not be held until after that meeting; and d) Introduce into the public hearing on the bylaw, the comments of the Islands Trust received in response to the referral”.

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

2. Policy D1.5 of Policy Statement Implementation Policy states that: 57 Islands Trust Request For Decision Page 2 Where an updated bylaw does not include a particular policy or regulation required by the Policy Statement and the bylaw sets out reasons for that, the Executive Committee and Trust Council will assess the sufficiency of those reasons using such criteria as: a) whether the reasons are explicitly set out such that it is clear that the local trust committee directed its attention to the matter in question and made a considered decision not to include the policy or regulation. b) whether the reasons have to do with particular local circumstances that may not have been contemplated in the drafting of the Policy Statement. c) whether the reasons arise from the necessity of balancing two or more components of the Policy Statement that cannot be achieved simultaneously. d) whether existing planning studies or reports relied on by the local trust committee indicate that the Policy Statement is inapplicable in the circumstances.

1.4 Bowen Island OCP & LUB Referral Process Referral of an Official Community Plan from the Municipality is a two-step process.

The first step is in accordance with Section 14.3 of the Bowen Island Municipality Letters Patent. At this step, which is after First Reading but before a Public Hearing, the Executive Committee has an opportunity to review the updated OCP and advise the Municipality in writing if it deems any provision in the updated OCP to be contrary to or at variance with the Islands Trust Policy Statement. In the event that the Executive Committee deems that there is a provision contrary to or at variance with the Islands Trust Policy Statement, under the provisions of the Letters Patent, then The Municipality must meet with the Islands Trust to review the updated OCP.

The second step is in accordance with Section 38(1)(a) of the Islands Trust Act, and occurs after public hearing and before The Municipality considers adoption of the bylaw. The OCP referral is a referral under the first step.

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

1.5 Executive Committee Consideration The Letters Patent sets out the time limits on the process for an OCP referral between first reading and public hearing and a LUB referral before Third reading. The Executive Committee has 45 days from the date of receipt of the OCP and LUB referral to provide written comments to The Municipality.

The Municipality referred the Bylaws for comment to the Islands Trust Executive Committee on June 28, 2013 and the bylaw was received on July 4, 2013. A response is required to be received at the Municipality no later than the end of the day on August 18, 2013. Section 15 of the Letters Patent requires that the Executive Committee advise the Municipality if it has any objection to the bylaw within the 45 day time limit.

The Islands Trust Act requires that the Executive Committee, or the Trust Council, must not approve a bylaw if it is contrary to or at variance with the Islands Trust Policy Statement. The Act refers to the requirement for Executive Committee approval for municipal OCP bylaws only. The Act does not refer to other types of municipal bylaws (non-OCP bylaws) except for indicating that the municipality itself must have regard for the object in adopting such bylaws.

The Executive Committee may: 1. advise the Municipality that is no objections to one or all of the bylaws; or 2. advise the Municipality that it consider that provisions of one or all of the bylaws may be contrary to or at variance with the Trust policy statement. 58 Islands Trust Request For Decision Page 3

1.6 The Municipality’s Considerations OCP Bylaw Referral: If no comments are received from the Islands Trust within 45 days of the referral (by the end of the day on August 18, 2013), The Municipality may proceed to hold a Public Hearing on the updated OCP.

Should the Executive Committee response to The Municipality indicate that one or more provisions are contrary to or at variance with the Islands Trust Policy Statement, The Municipality will have 60 days from the receipt of the Executive Committee’s response to meet with Islands Trust to discuss the provisions of concern. The Municipality has the following options: • advance the OCP to a public hearing without amending the bylaw to address Islands Trust concerns, but Islands Trust concerns would be introduced at the public hearing; • amend the OCP to address Islands Trust concerns and advance the bylaw as amended to the public hearing along with Islands Trust comments; or • amend the OCP and re-refer it back to the Islands Trust before going to Public Hearing.

LUB Bylaw Referral: Should the Executive Committee advise the Municipality that it considers that provisions of the bylaw may be contrary to or at variance with the ITPS, then the Municipality must notify the Minister of Community, Sport and Cultural Development. In this situation, the Minister may then provide advice or direction to the Municipality and Islands Trust regarding the proposed bylaw or require the Municipality and Islands Trust to resolve the issues using dispute resolution mechanisms contained in Section 859 and 862 of the Local Government Act.

2.0 REPORT/DOCUMENT:

2.1 Bylaw 343 & Bylaw 344– Analysis

The application is for a comprehensive development that would permit clusters of single family residential development surrounding by parks and trails, and a cottage housing development to house and serve the needs of disabled young adults. This application would amend the Official Community Plan (OCP) designation and rezone two subject properties – a 33.8 ha parcel and a neighbouring 4 ha parcel. The current OCP designations for the subject properties would permit a total of 31 residential units. Both properties are currently zoned Rural Residential 1 (RR1) which permits dwellings, agriculture and horticulture, stables and kennels, as well as home occupation uses, with a minimum lot area of 4 ha (10 acres).

The proposed OCP amendment seeks to increase the permitted residential density from 31 residential units to 52 residential units. The amendment would include adding a new Section to the OCP – Section 3.4.8 – “Arbutus Ridge Comprehensive Development Area”. The Land Use Bylaw is also proposing to be amended to include a new “Comprehensive Development – CD” zone that would permit the rand of uses requested for the development.

The following is the density proposed for the development: • 38 residential lots in seven residential clusters to be the subject of future bare land strata applications; • 14.5 ha of proposed parkland including a neighbourhood park, as well as open space, trails and scenic outlooks; and • 4 ha cottage residential development for seniors and young adults with Down Syndrome. The cottage development would consist of one main dwelling, 13 cottages, a caretaker cottage and accessory buildings. The proposal would also include a small convenience store, coffee shop, and meeting rooms. 59 Islands Trust Request For Decision Page 4

The applicant has provided a Preliminary Environmental Assessment as part of the OCP and zoning amendment applications. The Bowen Island Municipality has identified the following required documents and information that must be resolved to the municipality’s satisfaction: • Environmental Management Plan; • Geotechnical/geo-hazards report; • On-site road design; • Proposed road and driveway improvements; • Access to surrounding land; • Updated hydrology report; • On-site sewage disposal system; • Identification of natural watercourses, drainage areas, recharge areas and related storm water management issues; • Assessing location and potential impacts of proposed farm to surrounding creek and water quality and quantity; and • Integration of proposed park into Master Parks Plan.

The Bowen Island Municipality is also recommending the applicant enter into a Housing Agreement with the Municipality that would include terms and conditions regarding the occupancy of the housing units, the terms and conditions of the tenure, and the availability of the units to classes of persons, and the administration and management of units.

The Bowen Island Municipal Council gave First Reading to proposed Bylaw 343 and Bylaw 344 on June 24, 2013.

The Bowen Island Planning Report includes a completed Islands ITPS and concludes that no inconsistencies between Bylaw 343 and Bylaw 344 and the ITPS were found.

2.2 Policy Statement Directives Only Checklist

Proposed Bylaw 343 and Bylaw 344 are consistent with the ecosystems policies 3.1.3 to 3.1.5, forest ecosystems policy 3.2.2, and the freshwater and wetland ecosystem and riparian zones 3.3.2 if the application addresses the recommendations in the Environmental Assessment to ensure the preservation and protection of ecosystems. Furthermore, all development must be consistent with the Bowen Island Municipality WASP Bylaw which requires a 30 metre setback from the King Edward Creek for protection of freshwater ecosystems, riparian zones, and water quality. All other policies in this section are not applicable to the proposed bylaw.

The Bowen Island Municipality staff report also stated the applicant is require to provide a report prepared by a qualified professional that will address issues related to storm water management, and identification of all natural watercourses, drainage areas, and recharge areas. The professional report should also identify covenants or protected areas are 60 Islands Trust Request For Decision Page 5 required. Island Trust staff strongly recommend requiring a conservation covenant or a covenant to protect sensitive ecosystems.

Proposed Bylaw 343 and Bylaw 344 are consistent with the agricultural land policy 4.1.5 & 4.1.8 and freshwater resources if the application includes an up to date hydrology report proving adequate water in both quality and quantity prior to final approval. Confirmation that the proposed farming activities will have no negative impact on the creek and water systems is also required. All other policies in this section are not applicable to the proposed bylaw.

Proposed Bylaw 343 and Bylaw 343 are consistent with the aesthetic qualities policy 5.1.3, the growth and Development policies (5.2.3 to 5.2.6), transportation and utilities policies 5.3.5& 5.3.7, the recreation policies (5.5.6 & 5.5.7) , economic opportunities 5.7.2, and health and well-being 5.8.6 in this section of the ITPS if the application includes the following documents and information: o limits to development to specific areas o provides a geotechnical/geo-hazards report o provides access, road, and driveway designs o Proposed park plan and trail network o Housing Agreement

Although the Bowen Island Municipality stated that the disposal of waste policy 5.4.4 was not applicable to this application, Islands Trust staff are of the opinion that the proposed bylaws will address policy 5.4.4 if the applicant provides appropriate information on the onsite sewage disposal system.

2.3 Staff Comments

The purpose of the staff report at this time is to not approve the proposed OCP and LUB amendment bylaws, but to advise if the bylaws are or are not contrary to or at variance to the Islands Trust Policy Statement. As the bylaws have only received First Reading and all required information and documents from the applicant have not been received, it is difficult to ensure the bylaws at this time will address all the policies in the Islands Trust Policy Statement. As stated above, if the Bowen Island Municipality receives the required information, documents, and reports outlined Section 2.1 of this report, Staff is of the opinion that the Bylaw is not contrary or at variance with the ITPS.

61 Islands Trust Request For Decision Page 6 2.4 Public Comments to Executive Committee

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

ATTACHMENTS: 1. Islands Trust Policy Statement - Directives Only Checklist 2. Bylaw 343 – OCP Amendment & Bylaw 344 – LUB amendment

KEY ISSUE(S)/CONCEPT(S): • Referral of the updated OCP under s.14.3 of the Bowen Island Municipality Letters Patent • OCP Referral is after First Reading and before Public Hearing • Referral of the LUB Bylaw 344 under s.15 of the Letters Patent • LUB Referral is before Third Reading • Written response to Bowen Island Municipality for both bylaws is required by August 18, 2013 (45 days after date of receipt of the referral on July 4, 2013) • Comments from Executive Committee limited to whether or not Bylaw 343 and Bylaw 344 is contrary to or at variance with the ITPS • Staff considers that Bylaw 343 and Bylaw 344 are not contrary to or at variance with the ITPS.

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

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

RESPONSE OPTIONS

Recommended: As above.

Alternatives: o Advise The Municipality in writing that the Executive Committee considers that Bylaw 343 and Bylaw 344 are contrary to or at variance with the Islands Trust Policy Statement for other specified reasons, triggering notification of the Minister.

Prepared By: Kim Farris, Planner 1

Reviewed By/Date: David Marlor, DLPS July 17, 2013

62 Islands Trust Request For Decision Page 7 POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw and File No: BIM 343 & 344 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

63 Islands Trust Request For Decision Page 8 Part III Policies for Ecosystem Preservation and Protection

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

PART IV: Policies for the Stewardship of Resources

64 Islands Trust Request For Decision Page 9 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 n/a use of adjacent properties to minimize any adverse affects on agricultural land. CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural  4.1.8 land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 n/a use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 n/a need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2  with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3  measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 n/a needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 n/a compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 n/a opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.

65 Islands Trust Request For Decision Page 10 4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.6.3 n/a protection of productive soils.

PART V: Policies for Sustainable Communities

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

66 Islands Trust Request For Decision Page 11 CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 n/a the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 n/a recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7  the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 n/a the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 n/a the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2  economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services. POLICY STATEMENT COMPLIANCE  COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:

67 Islands Trust Request For Decision Page 12 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Bylaw Submission Staff Report

Date: June 28, 2013

To: Executive Committee For the meeting of July 23, 2013

From: Caitlin Brownrigg, Planner 1, Local Planning Services

Re: Bylaw 464

Introduction: The Salt Spring Island Local Trust Committee is pleased to submit proposed Bylaw No. 464, which is a bylaw to rezone 151 Rainbow Road on Salt Spring Island. The purpose of this briefing note is to provide the Executive Committee with a summary of the bylaw.

Purpose: Proposed Bylaw 464 would add a new Commercial 2 zone variation (b) – C2(b) – to the Salt Spring Island Land Use Bylaw No. 355. This new zone would permit dwelling units as an additional principal use and restrict the lot coverage of buildings and structures to 33%. Proposed Bylaw 464 would rezone 151 Rainbow Road to C2(b).

Background: The rezoning proposal is to amend the Land Use Bylaw zoning from Residential 6 to a Commercial 2 variant for 151 Rainbow Road. The proposal does not include any immediate construction, but would enable a broad range of commercial uses not permitted under the current zoning while permitting continued and future residential use of the property. The property is in the Ganges Village Core Official Community Plan land use designation.

k:\applications\rz\2012\ss-rz-2012.1 - 151 rainbow\staff reports\ss-rz-2012.1 ec submission.docx Bylaw Submission Briefing Note Page 1 of 3 101 Considerations of the Salt Spring Island Local Trust Committee included the following:

• The Salt Spring Island Local Trust Committee met on September 20, 2012 to receive a preliminary staff report and referred the application to APC, AAC, CRD Transportation Commission and PARC.

• The Agricultural Advisory Committee met on October 4, 2012 and passed a resolution stating that the impact of the application was minimal and the AAC did not have recommendations for LTC

• The Advisory Planning Commission met on December 9, 2012 and passed a resolution requesting more information

• The Salt Spring Island Local Trust Committee met on January 10, 2013 and deliberated on the revised proposal and Draft Bylaw. At that meeting the Salt Spring Island Local Trust Committee amended the Draft Bylaw and referred the revised Draft Bylaw to public agencies.

• The Salt Spring Island Local Trust Committee met on April 11, 2013 and passed resolutions to give first and second reading to Bylaw 464 and schedule a Public Hearing

• The Salt Spring Island Local Trust Committee held a Public Hearing on June 20, 2013. Four members of the public and the applicant’s agent spoke to the Proposed Bylaws. All members of the public spoke in support of the Proposed Bylaw.

• The Salt Spring Island Local Trust Committee gave third reading to the Proposed Bylaws and resolved to forward them to the Executive Committee at the regular meeting of June 20, 2013.

Issues Relating To Provincial Interest: In response to the bylaw referral, the Ministry of Ministry of Transportation and Infrastructure Works required that suitable onsite parking be provided and that any required sidewalk should be incorporated in the next phase of the North Ganges Village Transportation Management Plan currently under review by the CRD. Other agencies commented that their interest are unaffected by the bylaws as proposed or did not respond to the referral.

Issues Relating To Enforcement or Resourcing: None Applicable

k:\applications\rz\2012\ss-rz-2012.1 - 151 rainbow\staff reports\ss-rz-2012.1 ec submission.docx Bylaw Submission Briefing Note Page 2 of 3 102 Attachments: 464 EC Submission 464 EC Checklist 464 Proposed Bylaw at 3rd Reading Policy Statement Checklist – SS-RZ-2012.1

Recommendation: THAT the Islands Trust Executive Committee approve Proposed Bylaw 464, cited as “Salt Spring Island Land Use Bylaw, 1999, Amendment No. 1, 2013”.

k:\applications\rz\2012\ss-rz-2012.1 - 151 rainbow\staff reports\ss-rz-2012.1 ec submission.docx Bylaw Submission Briefing Note Page 3 of 3 103 Bylaw:

Print Date: Jun-20-2013

Bylaw: SS-464

Executive Committee

Policy Checklist

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

Executive Committee Legistaltive Role Policy (2.4) Consistent i Bylaw is consistent with the object of the Trust Consistent ii Bylaw is not contrary to or at variance to the Islands Trust Policy Statement Consistent iii Bylaw does not expose the Islands Trust to unreasonable expense in the administration or enforcement of the bylaw Consistent iv Bylaw is not enacted without legal authority, including inconsistency with the relevant OCP (based on legal advice)

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

The Bylaw has been Examined Against Best Management Practices for Delivery of Local Planning Services as found in Section 5.9 of the Islands Trust Policy Manual No Resources B.5 Staff will provide Local Trust Committees (LTC) and Executive Required Committee with advice regarding proposed Official Community Plan (OCP) amendments that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption. No Resources B.10 Staff will provide Local Trust Committees and Executive Required Committee with advice regarding any proposed Land Use Bylaw (LUB) or other regulatory amendment that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.

Comments: 104 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page3.cfm?id=1622&type=a[20/06/2013 3:04:56 PM] Bylaw:

Completed By: Caitlin Brownrigg

All administrative procedure bylaws are considered to be in compliance with the

policy statement and the object of the Islands Trust.

Status:

Date Resolution Referred to Jun-20-2013 Exective Committee:

Readings:

105 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page3.cfm?id=1622&type=a[20/06/2013 3:04:56 PM] Islands Trust Policy Statement Directives Only Checklist SS-RZ-2012.1 1

POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw and File No: Bylaw 464, File SS-RZ-2012.1 The following symbols in the table indicate:

 the bylaw is consistent with the policy from the Policy Statement, or  the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A the policy is not applicable.

Explanatory notes are added in bold and italics text

Part III Policies for Ecosystem Preservation and Protection

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

106 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.4.4 protection of sensitive coastal areas Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.4.5 planning for and regulation of development in coastal regions to protect natural coastal processes

PART IV: Policies for the Stewardship of Resources

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

CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.9 use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.6 need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 107 Islands Trust Policy Statement Directives Only Checklist SS-RZ-2012.1 3

4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem N/A 4.4.2 with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.4.3 measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.8 needs and locations for marine dependent land uses Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.9 compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.5.11 opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways. 4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.6.3 protection of productive soils. PART V: Policies for Sustainable Communities

108 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.5 the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.6 the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.

CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of N/A 5.5.5 recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.5.7 the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.6.2 the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.6.3 the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities 109 Islands Trust Policy Statement Directives Only Checklist SS-RZ-2012.1 5

Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address  5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services POLICY STATEMENT COMPLIANCE  COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:

110 PROPOSED SALT SPRING ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 464

************************************************************************************* A BYLAW TO AMEND “SALT SPRING ISLAND LAND USE BYLAW, 1999,” BEING BYLAW NO. 355 *************************************************************************************

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

1. Salt Spring Island Local Trust Committee Bylaw No. 355, cited as “Salt Spring Island Land Use Bylaw, 1999,” is amended:

1. By inserting in Subsection 9.2.4 – Exceptions in Particular Locations – the following new Commercial 2 Zone Variation (b) – C2(b) after Zone Variation C2(a):

“Zone Variation – C2(b)

(9) The following additional use is permitted:

(a) Dwelling units.

(10) Despite Subsection 9.2.2, the maximum combined lot coverage of all buildings and structures is 33 per cent.”

And by making consequential numbering alterations to effect this change.

2. By changing the zoning classification of Lot 6, Section 1, Range 3 East, North Salt Spring Island, Cowichan District, Plan 5827 from Residential 6 – (R6) to Commercial 2 Zone Variation (b) – C2(b), as shown on Plan No. 1 attached to and forming part of this bylaw, and by making such alterations to Schedule “A” to Bylaw No. 355 as are required to effect this change.

2. This Bylaw may be cited as “Salt Spring Island Land Use Bylaw, 1999, Amendment No. 1, 2013”.

READ A FIRST TIME THIS 11th DAY OF April , 2013

READ A SECOND TIME THIS 11th DAY OF April , 2013

PUBLIC HEARING HELD THIS 20th DAY OF June , 2013

READ A THIRD TIME THIS 20th DAY OF June , 2013

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS DAY OF , 20__

ADOPTED THIS DAY OF , 20__

______SECRETARY CHAIRPERSON

Page 1 of 2 K:\Bylaws\LUB - Salt Spring (355)\355 Amending Bylaws\LUB464 Booth\Proposed Bylaw\464 Proposed Bylaw at 3rd Reading.docx 111 SALT SPRING ISLAND LOCAL TRUST COMMITTEE

BYLAW NO. 464

Plan No. 1

Page 2 of 2 K:\Bylaws\LUB - Salt Spring (355)\355 Amending Bylaws\LUB464 Booth\Proposed Bylaw\464 Proposed Bylaw at 3rd Reading.docx 112 113 2.

Bylaw Submission Staff Report

Date: June 27, 2013

To: Executive Committee For the meeting of July 23, 2013

From: Robert Kojima Regional Planning Manager

Re: Mayne Island Bylaw No. 158

Introduction: The Mayne Island Local Trust Committee is pleased to submit proposed Bylaw No. 158, which is a bylaw to amendt the Mayne Island Land Use Bylaw Subdivision Regulations. The purpose of this briefing note is to provide the Executive Committee with a summary of the bylaw.

Purpose: Proposed Bylaw 158 would amend the subdivision servicing regulations in the Mayne Island Land Use Bylaw in order to relieve landowners applying for boundary adjustment subdivisions of the requirement to provide proof of potable water under certain circumstances. The intent of the bylaw is to reduce unnecessary requirements where landowners have an established water supply supply and are solely adjusting lot lines.

Background: This has been identified on the LTC project list for some time. Staff brought the issue to the attention of the LTC based on the experience of some landowners being required by the bylaw regulations either to undertake costly well pumping and reports, or apply for devleopment variance permits, in circumstances where no additional lots were being created and where there are existing, often long- standing, wells. Similar amendments have been made to other subdivision regulations in the Trust Area. The LTC initiated the project as a Top Priorty in October 2012. A preliminary staff report was presented at the February 2013 LTC meeting and staff were directed to prepare a draft amending bylaw. A draft bylaw was prepared to amend the subdivision regulations that would not require a report providing proof of potable water for boundary adjustment subdivisions where there are existing potable water supplies and no increase in density or intensity of use beyond what would be permitted prior to the boundary u:\local trust committees\mayne\bylaws\ec approval\bylaw no. 158\2.ec bylaw submission briefing note.doc Bylaw Submission Briefing Note Page 1 of 2

114 adjustment. This is consistent with the approach in the North Pender LUB and with directive policy in the Islands Trust Policy Statement.

Draft bylaw 158 was presented at the March LTC meeting, where the bylaw received first reading and staff were directed to schedule a community information meeting and public hearing. The bylaw was also referred to relevant agencies.

Referral responses were received from the Ministry of Transportation and Infrastructure and the North Pender and Saturna Island Local Trust Committees. There were no objections. A community information meeting and public hearing were held on June 25, 2013.

Issues Relating To Provincial Interest: In response to the bylaw referral, the Ministry of Transportation and Infrastrucure stated that the Ministry had no objections.

Issues Relating To Enforcement or Resourcing: None. Recommendation: THAT the Islands Trust Executive Committee approve Proposed Bylaw 158 cited as “Mayne Island Land Use Bylaw No. 146, 2008, Amendment No. 1, 2013”

u:\local trust committees\mayne\bylaws\ec approval\bylaw no. 158\2.ec bylaw submission briefing note.doc Bylaw Submission Briefing Note Page 2 of 2

115 Bylaw: Page 1 of 1 3.

Print Date: Jul-10-2013

Bylaw: MA-158

Trust Area: Mayne Island Local Trust Committee Type: Land Use Bylaw Bylaw No: MA -158 Application No: Trust Initiated: Yes

Proofread By:

Clerk: No Technical Staff: No Planner: Yes

First Reading Date: Mar -27-2013 Bylaw Sent to Referrals: Yes Date Proposed Bylaw to Web: 05/30/2013 Resolutions:

Resolution Waiving Public Hearing: No Resolution Authorizing Public Hearing: Yes Resolution to Proceed No Further Date: March 27, 2013

Secretary Signature Block:

Secretary's Signature: Sharon Lloyd -deRosario Date: 06/11/2013 File complete and ready for Public review: Yes

Public Hearings:

Location: Mayne Agricultural Hall Proofread By: Sharon Lloyd -deRosario

Legal Paper: Gulf Island Driftwood First Publish Date: 06/12/2013 Second Publish Date: 06/19/2013

Alternate Paper: First Publish Date: Second Publish Date:

Mailout Date: Deliver Notices: Date Public Hearing Held: 06/26/2013 Second Reading Date: Jun -26 -2013 Third Reading Date: Jun -26 -2013

116 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page1.cfm?id=1632&type ... 10/ 07/ 2013 Bylaw: Page 1 of 1 4.

Print Date: Jul-10-2013

Bylaw: MA-158

Referrals

Agency Sent Received Capital Regional District Planning & Protective May-23-2013 Services Building Inspection Division Headquarters : Gutierrez, Robert Comments: Vancouver Island Health Authority May-23-2013 Health Protection and Environmental Services : Dyck, Erwin Comments: Ministry of Transportation and Infrastructure May-23-2013 May-30-2013 Saanich Area Office : Evanoff, Ryan Comments: No objections North Pender Island Local Trust Committee May-23-2013 May-30-2013 Islands Trust : Luckham, Peter Comments: Interests unaffected Saturna Island Local Trust Committee May-23-2013 Jun-06-2013 200 - 1627 Fort Street : Hancock, Ken Comments: Interests unaffected Galiano Island Local Trust Committee May-23-2013 Jun-10-2013 200 - 1627 Fort Street : Hancock, Ken Comments: Interests unaffected

117 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page2.cfm?id=1632&type ... 10/ 07/ 2013 Bylaw: Page 1 of 2 5.

Print Date: Jul-10-2013

Bylaw: MA-158

Executive Committee

Policy Checklist

Executive Committee Legistaltive Role Policy (2.4) Consistent i Bylaw is consistent with the object of the Trust

Consistent ii Bylaw is not contrary to or at variance to the Islands Trust Policy Statement Not-Applicable iii Bylaw does not expose the Islands Trust to unreasonable expense in the administration or enforcement of the bylaw

Consistent iv Bylaw is not enacted without legal authority, including inconsistency with the relevant OCP (based on legal advice)

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

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

No Resources B.5 Staff will provide Local Trust Committees (LTC) and Executive Required Committee with advice regarding proposed Official Community Plan (OCP) amendments that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.

No Resources B.10 Staff will provide Local Trust Committees and Executive Required Committee with advice regarding any proposed Land Use Bylaw (LUB) or other regulatory amendment that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.

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Comments:

Completed By: Gary Richardson

All administrative procedure bylaws are considered to be in compliance with the policy statement and the object of the Islands Trust.

Status:

Date Resolution Referred to Jun -26 -2013 Exective Committee:

Readings:

119 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page3.cfm?id=1632&type ... 10/ 07/ 2013 6. PROPOSED

MAYNE ISLAND LOCAL TRUST COMMITTEE

BYLAW NO. 158

*************************************************************************************************************** A BYLAW TO AMEND MAYNE ISLAND LAND USE BYLAW NO. 146, 2008

***************************************************************************************************************

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

A. Schedule A of Bylaw No.146, cited as “Mayne Island Land Use Bylaw No 146, 2008” is amended as follows:

(1) Section 8.11 is amended by adding a new Subsection 8.11(7) as follows:

“8.11(7) An applicant is not required to fulfill the requirements of subsections 8.11(1) for boundary adjustment subdivisions provided that: there would be no increase in density or intensity of use beyond what was permitted before the boundary adjustment took place; and that all of the lots subject to the boundary adjustment have an established supply of water.”

B. This bylaw may be cited for all purposes as the “Mayne Island Land Use Bylaw No. 146, 2008, Amendment No. 1, 2013”.

READ A FIRST TIME THIS 27th DAY OF March 2013

PUBLIC HEARING HELD THIS 26th DAY OF June 2013

READ A SECOND TIME THIS 26th DAY OF June 2013

READ A THIRD TIME THIS 26th DAY OF June 2013

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS DAY OF 20 ADOPTED THIS DAY OF 20

DEPUTY SECRETARY CHAIRPERSON

120 7.

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

POLICY STATEMENT DIRECTIVES ONLY CHECK LIST

Bylaw and File No: 158 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.

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

121 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

Part III Policies for Ecosystem Preservation and Protection

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

PART IV: Policies for the Stewardship of Resources

CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.4 identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.6 use of adjacent properties to minimize any adverse affects on agricultural land. 122 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 3

CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of

agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.9 use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.6 need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 measures that ensure water use is not to the detriment of in -stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.8 needs and locations for marine dependent l and uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.9 compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 4.5.11 opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways. 4.6 Soils and Other Resources n/a 4.6.3 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the

123 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005

protection of productive soils .

PART V: Policies for Sustainable Communities

CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5. 2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.3 policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.5 the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.6 the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.4.4 the identification of acceptable locations for the disposal of solid waste.

CONSISTENT NO. DIRECTIVE POLICY

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

5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of n/a 5.5.5 recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.7 the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.6.2 the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.6.3 the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Econo mic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community char acter. 5.8 Health and Well -being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.

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

G:\LPS\Policy Statement\Policy Statement Directives Only Checklist Form.doc

125

200 -1627 Fort Street, Victoria BC V8R 1H8 Telephone (250) 405-5151 Fax (250) 405-5155

Toll Free via Enquiry BC in Vancouver 604.660-2421. Elsewhere in BC 1.800.663.7867 Email [email protected] Web www.islandstrust.bc.ca

DRAFT

June XX, 2013 File No.: 0420-20

Via Email: [email protected]

Honourable Bill Bennett Minister of Energy and Mines and Minister Responsible for Core Review PO BOX 9060 STN PROV GOVT VICTORIA BC V8W 9E3

Dear Minister Bennett:

Re: Smart Meter Opt-out Option

Congratulations on your recent appointment as Minister of Energy and Mines and Minister Responsible for Core Review. I will be writing soon to more formally introduce the Islands Trust. In the meantime, I am writing on behalf of the Islands Trust Council to request that BC Hydro customers be given a choice about having smart meters installed on their homes.

As background, the Islands Trust is responsible for preserving and protecting the unique environment and amenities of the Islands Trust Area through planning and regulating land use, development management, education, cooperation with other agencies, and land conservation. The area covers the islands and waters between the British Columbia mainland and southern Vancouver Island. It includes 13 major and more than 450 smaller islands covering 5200 square kilometres. The Islands Trust Council is a federation of local government bodies representing 25,000 people living within the Islands Trust Area.

Smart meters are not a matter of local government jurisdiction, but I would be grateful to know that the Province is responding to our constituents’ concerns. In September 2012, the Islands Trust Council heard a presentation by the Citizens for Safe Technology, Gulf Islanders for Safe Technology, and by Bowen Islanders for Safe Technology about their multiple concerns relating to the BC Hydro Smart Meter Program.

Following that presentation, I wrote on behalf of the Islands Trust Council to the Honourable Rich Coleman, then Minister of Energy, Mines and Natural Gas, to request that he encourage BC Hydro to immediately offer a well-publicized opt-out option for island customers who do not wish to have a smart meter installed on their home. Gary Murphy, the Smart Meter Program Director for BC Hydro replied to that letter and explained that BC Hydro is continuing to work with those customers who have expressed concerns about smart meters. In 2011, Gary Murphy had previously explained to me that BC Hydro was committed to working with concerned customers on a case- by-case basis to identify mutually agreeable solutions. These responses were somewhat reassuring but we know many constituents are still concerned they will be forced to accept a smart meter against their will.

We hope that you will support an approach to the smart meter program that gives BC Hydro customers a choice about having smart meters installed on their homes.

Thank you for considering this request.

Yours sincerely, 126

Sheila Malcolmson Chair, Islands Trust Council pc: Trust Area MLAs: , Michelle Stilwell, Parksville – Qualicum Gary Holman, Saanich North and the Islands Jordan Sturdy, West Vancouver – Sea to Sky Don McRae, Comox Valley Doug Routley, Nanaimo – North Cowichan Nicholas Simons, Powell River – Sunshine Coast Charles Reid, President and CEO, BC Hydro Islands Trust Council Islands Trust website

Bowen Denman Hornby Gabriola Galiano Gambier Lasqueti Mayne North Pender Salt Spring Saturna South Pender Thetis

127

ISLANDS TRUST REQUEST FOR DECISION

To: EXECUTIVE COMMITTEE For the Meeting of:: July 23, 2013

From: Laura Stringer Date: July 16, 2013

SUBJECT: ISLANDS TRUST VIDEO PROJECT

RECOMMENDATION: That the Executive Committee direct staff to proceed with contracting production of a video of up to 10 minutes, as well as shorter excerpts for media use and posting online, about the Islands Trust Area per the July 23rd draft terms of reference and procurement process.

CHIEF ADMINISTRATIVE OFFICER OR COMMENTS: This project, which will complete a grant-funded project of the Executive Committee that started in the fall of 2010, supports the policies of the Islands Trust Policy Statement on growth, conservation, protection of community character and public participation. The video will be valuable in celebrating the Islands Trust by communicating its history and relevance.

ISSUE SCREENING:

1. Origin of issue: Staff and Executive Committee 2. Executive Committee decision is: discretionary 3. Issue is most closely related to Executive Committee Terms of Reference (6.2) 4. Related to Islands Trust Policy Statement (5.2.1; 5.7.1; 5.8.1) 5. Related to current Strategic Plan: No related activities or strategies

IMPLICATIONS OF RECOMMENDATION

ORGANIZATIONAL: Staff estimates that approximately four weeks [140 hours] of staff time will be required to oversee the project and liaise with contractor and the Executive Committee, with a few additional days from the TAS Director and/or CAO to review work before presenting to EC.

FINANCIAL: Funds remain from the grant from the New Horizons for Seniors Program. If bids exceed this amount, Executive Committee may allocate additional funds from the communications budget. The funder has indicated the Islands Trust can proceed or cancel the project without further involvement by or notification of the funder.

IMPLEMENTATION/COMMUNICATIONS: Staff anticipates that there is adequate time available for the Communication Specialist to undertake this project, which will be completed in the 2013/14 fiscal year, without impacting on-going projects.

If this project is approved, staff would issue a Request for Qualifications to identify qualified video producers and would then issue an invitation to quote to those individuals. Once a contract is awarded staff will arrange a session with the Executive Committee and the contractor to determine the key themes to be featured in the video. The Executive Committee will also have an opportunity to approve the script and shot list, as well as the rough cut and the penultimate version of the video.

128 Islands Trust Request For Decision Page 1 When the video is complete it will be posted on the Islands Trust web site and YouTube with DVD copies available for staff/trustee use at community events. Short clips (30 and 60 seconds) would also be available for use by the media upon request or posting online. The Islands Trust will issue a news release and the video may be premiered at a quarterly Trust Council meeting.

BACKGROUND

In the fall of 2010 the Islands Trust received a grant from the New Horizons for Seniors Program to produce a video on the past, present and future of the Islands Trust, focussing on seniors’ leadership in fostering civic engagement, community development and conservation in the Islands Trust Area, and to highlight the connection with youth – the future conservation leaders.

Staff issued a contract for production of a video; however, the received product did not meet the expectations of the advisory committee and staff, and the consensus was that the rough cut should not be distributed. Funding remains from the grant. The funder has indicated that the Islands Trust can proceed without further involvement by the funder. It is hoped that the remaining grant funds will enable the Islands Trust to produce one short video of up to 10 minutes in length to introduce the Islands Trust to islanders, property owners and prospective employees, including its creation and relevance today and in the future.

Any issued contract will require that the new contractor to review the existing footage and storyboards that were developed by the advisory group, review the existing interview transcripts, and identifiy additional footage that may be required.

REPORT/DOCUMENT: Draft Terms of Reference & Procurement Process

KEY ISSUE(S)/CONCEPT(S): Adding video to the Islands Trust’s communications tools.

RELEVANT POLICY: 2.4.i. Executive Committee Terms of Reference -Section 6.2. To coordinate an effective public relations program through the development of targeted public communication efforts.

DESIRED OUTCOME: Islands Trust will have a short, professional video (and several short clips) about the Trust Area and the relevance of the Islands Trust today and in the future.

RESPONSE OPTIONS

Recommended: That the Executive Committee direct staff to proceed with contracting production of a video of up to 10 minutes, including shorter excerpts for media use and posting online, about the Islands Trust as per the Terms of Reference and Procurement Process presented at the July 23, 2013 Executive Committee meeting.

Alternative: 1. That the Executive Committee direct staff to proceed with contracting production of a video of up to 10 minutes, including shorter excerpts for media use and posting online, about the Islands Trust per the amended Terms of Reference and Procurement Process presented at the July 23, 2013 Executive Committee meeting. 2. That the Executive Committee direct staff to not proceed with the video project.

Prepared by: Laura Stringer, Communications Specialist

Reviewed by: Lisa Gordon, Trust Area Services Director 129 Islands Trust Request For Decision Page 2 Video Project DRAFT Terms of Reference & Procurement Process – For Review at July 23, 2013 EC Meeting July 10, 2013

Working Title - Islands in Trust: Treasures of the Salish Sea (Title previously approved by EC and its Video Project Advisory Group)

DESCRIPTION OF THE PROJECT:

To produce videos (one 10 minute and several shorter clips) to inspire viewers with a story of a breathtaking place – the islands and waters of the Salish Sea. Experience the magic of otters, seals and whales, picture arbutus and Garry oak meadows, beautiful beaches, kayaking on a sparkling blue sea. Come to a farmers market, cycle on a winding road through fields and forests, visit a village full of whimsical arts and crafts. And meet the organization that works to protect and preserve all that’s special about this area. At the same, we do not want to create a self- promoting video.

The video would include voice-overs and interviews with islanders with occasional captions or text for key facts or inspiring quotes. Scenic shots would demonstrate the special nature of the Islands Trust area, businesses and communities. It would focus on what is so special about this area and explain the role of the Islands Trust in keeping it special.

PURPOSE:

The video’s primary purpose is to showcase the Islands Trust Area (for islanders, property owners and prospective employees), and to explain the role of the Islands Trust, its creation and relevance today and in the future.

END USE:

The video would be posted on the Islands Trust web site and YouTube with DVD copies available for staff/trustee use at community events. The shorter clips would be provided to media on request and posted on-line where suitable.

KEY MESSAGES:

- These islands of the Salish Sea are rare treasures that support an exceptional variety of people, birds, fish, wildlife and plants. - The area is home to unique people, businesses and communities. - The Islands Trust is legislated to protect this remarkably beautiful part of the world. - It’s up to all of us to preserve and protect this special environment.

BACKGROUND:

The project is being sponsored and overseen by the Islands Trust Council Executive Committee (EC): Chair Sheila Malcolmson, Gabriola Island; Vice-Chair David Graham, Denman Island; Vice Chair Ken Hancock, North Pender Island; and Peter Luckham, Thetis Island. Staff involved are Laura Stringer, Project Manager and Lisa Gordon, Director Trust Area Services.

Some existing footage and storyboard concepts have been previously developed in relation to another project and are available for use if deemed appropriate.

PROCUREMENT PROCESS: (reviewed by Finance Officer on July 10, 2013)

130 Phase 1: July - Staff create list of vendors that have already offered video skills to trustees and staff.

Phase 2: Wednesday, July 24 (Post EC meeting) - Request for Qualifications – Deadline: NOON Monday, August 12 15

Invite professional video producers to respond to the request for qualifications. The request for qualifications would be advertised in the Island Tides (August 1) and the Bowen Island Undercurrent (Friday, August 2). A notice of the ad will also be e-mailed to the vendors identified in phase 1; to trustees (asking them to identify potential video producers on their islands); posted on the Islands Trust website; and posted in office reception areas. From the responses, those scoring above the threshold will be invited to submit detailed proposals and pricing for this project.

Video producers will be invited to submit qualifications and evaluated based on the following criteria:

- Years of experience in film/video making (10 points) - Quality of sample of two previous films/videos produced (30 points) - Demonstrated ability to create film/video, edit film/video, apply music and graphics (including specifications of all equipment required to do the work) (25 points) - Specify names, roles, qualifications of individuals to be assigned to project (25 points) - Provide three references for work done in the past five years (10 points) TOTAL 100 points

NOTE: Only proponents who score at least 80 points in Phase 2 will be invited to quote (Phase 4). If no proponent scores at least 80 points, the project will not proceed.

Phase 3: Tuesday, August 13 - Staff evaluate qualifications based on the points assigned per category in Phase 2.

Phase 4: Wednesday, August 14 – Invitation to three qualified film makers to submit detailed proposal and quote on the project by NOON Tuesday, September 3. Staff will provide the following background documents as part of the bid package:

- Terms of reference approved by EC – including detailed contract deliverables - Peter Lamb’s History of the Islands Trust; - Written summary listing available footage - qualified film makers may view actual footage at the Islands Trust Office in Victoria; (could the rough cut be shared as a useful example of what we don’t want?); - Three storyboards from previous project (or could this be confusing?); - Interview transcripts (Islands Trust – 53 interviews/previous contractor – nine interviews); - PowerPoint Presentation: Islands Trust at 35 Years; and - Executive Committee meeting schedule for 2013 & 2014 (to determine timeline vis a vis approval stages).

The proposal / quote must include the following:

- Confirm availability to begin in September to provide summer sunlit outdoor footage - Proposed concept outline (maximum 1500 word description of what the final videos might contain and the story to be told), including proposed narrator and which islands will be on the final film; - Proposed concept outline for 30-second, 60 second B-roll for the media, and a two-minute video clip suitable for posting on-line; - Timeline, methodology and work plan detailing steps to complete video (including pre-production, production, post-production and the key stages/dates that the EC needs to provide input/approve in accordance with the EC meeting schedule) and how the contractor will achieve the deliverables below. - Detailed costs to deliver several broadcast-ready short clips and a broadcast-ready video of up to 10 minutes, breaking out cost of travel and additional footage/interviews to be shot. 131 - Confirm names, roles, qualifications of individuals to be assigned to project; and - Confirm compliance with the format(s) Islands Trust requires for rough cuts and final product. (Need advice re ideal format for broadcast vs editable)

Concept Outline (minimum score of 75% required) 40 Timeline, methodology & work plan 30 Cost 30 TOTAL (100 points)

Contract Deliverables: - Adhere to contract timeline. - Meet with EC in person or via conference call to obtain input/specific direction in early September and confirm narrator. - Develop and present first draft script and shot list, including whether existing footage will be used or additional footage will be shot and indicating narration / interviews / graphics / animation, for approval by EC in Victoria, BC. - Revise draft script and shot list as required and present revised script for approval by EC in Victoria BC. - Present rough cuts for approval/comment by EC in Victoria, BC. - If major changes are required, EC may want a second presentation and opportunity to provide further comments. - Provide final videos by XX. - At least 3 x 30-second; 2 x 60-second B-roll clips for the media and 1 x two-minute film clip for on-line use from the existing or additional footage. - Agreement that the Islands Trust will own the final product and all footage shot for the project on formats Islands Trust specifies to enable future editing, burning to DVD and posting to You Tube or similar file sharing site. (E-mail to Peter Luckham for advice July 10)

Phase 5: Wednesday, September 4 - Staff to select contractor based on the points assigned per criteria in Phases 2 and 4.

Phase 6: Thursday, September 5 - Send contract for signature by contractor.

Phase 7: Week of September 10 – 12 – EC conference call from Lasqueti with contractor/staff to provide input and direction. Attachment: Letter of support from Jean Gelwicks, Salt Spring Island

132 Jean Gelwicks 335 Woodland Drive

Salt Spring Island, BC. V8K 1J6

Tel/Fax: (250) 537 4859

E-mail: [email protected]

February 8, 2013

Dear Executive Committee and Trustees:

For many years I have been hoping there would be a short film on the Islands Trust. I understand it is on a Trust “to do” list. The film I think that is needed, is a film which covers what was happening to the Gulf Islands in the 1970s and why the Trust was formed by the government of the day, a bit about what was so special about our islands that they needed preserving, and of course, what the Trust’s mandate is, and how this mandate is carried out. There could also be something about how the Gulf Islands are run in comparison to what most people are familiar with (municipalities), and the “gifts” that were given to the Trust by the province (policing and roads) to help them with their mandate. Most importantly there should be something about what has been accomplished by the Trust over the years.

I would love some statement by someone about how lucky islanders are to be living on these islands and that we have a responsibility to the rest of the province to be stewards of these islands. The Trust is a special form of governance for a very special place. The government of the day did not want “business as usual” as they could see what that had done to other “special” areas. The Trust is a successful experiment on how the province can make things work differently. It is still an experiment and we are still ironing out the crinkles. Most British Columbians, polls tell us, are pleased with the Islands Trust and it’s mandate.

Many islanders, I find, really don’t know this basic information. I see the film as short, five minutes. I see it being very visual, full of lovely shot and the basic factual information. I see it stressing ALL the islands. I see it not being very expensive $5000. I understand you can make a movie like this for a thousand dollars a minute. You have all the words. It is only a matter of organizing them. It would be an excellent addition to your webpage. Local Trust Councils could show it before every Local Trust meeting or when they saw fit, to let those in the audience have this information quickly. Anytime a Trustee/planner etc. want an audience to all be on the same page with this basic information, they would have this tool. It could be given to real estate businesses, Conservancies and other groups.

If people are against the Trust, I think it is sometime just to do with not understand its purposes, how it works and what it has accomplished. I think this is an important part of what you need to be continually doing, since the Trust model is unusual and new people move to our islands all the time. Education is not easy and needs to be ongoing. I think a SHORT, factual, inspirational, and beautiful film would go a long way in helping to get some important messages across. I think it is long over due. Let me know if there is a way to donate to getting such a film made and I will personally do so.

Thank you for all you hard work.

Sincerely,

Jean Gelwicks

133

REQUEST FOR QUALIFICATIONS TO PRODUCE A VIDEO ABOUT THE ISLANDS TRUST AREA

RFP-XXXX

Film makers are invited to submit qualifications to the Islands Trust to produce videos (one 10 minute and several shorter clips) about the Islands Trust Area and the role of the Islands Trust.

The deadline for the qualification submission is: NOON, Monday, August 12, 2013.

For a copy of the Request for Qualifications please see the Islands Trust web site: http://www.islandstrust.bc.ca/ (Bid Opportunities)

Submissions must be delivered to: Islands Trust #200 – 1627 Fort Street Victoria BC V8R 1H8

134 C:\Program Files\eScribe\TEMP\12Video Project - AD for Request for Qualifications- Video.doc

From: Brenda Paquin [mailto:[email protected]] Sent: July-12-13 3:56 PM To: Coastal Regional District Chairs Cc: Coastal Regional District CAOs

Subject: Coastal Regional District Chairs Next Steps

Dear fellow Coastal RD Chairs

I have been thinking about the challenges we face with the future of the BC Ferry Authority. I thought I would pass on to you my concerns, some recommendations, and then ask if you could provide some feedback.

1. Following the election, a new Minister of Transportation and Infrastructure, Todd Stone from Kamloops, has been appointed and we might wish to meet with him. 2. We usually attempt to meet with the Premier at the UBCM in September. I have already asked for us to have an appointment. 3. Following the election, it was noticeable that in our collective areas of ferry influence, only two Government members were elected. All other ridings were NDP and one Green. 4. In recent months, it is more apparent that AVICC and UBCM are looking to our Group for action and reports regarding ferries. 5. I am about to again contact Brian Hollingshead of the Gulf Islands Ferry Advisory Committee to obtain his latest assessment of ferry traffic since the April fare increase. 6. We need to remind ourselves that the Government planned $26M in cuts and we have no information on the process or progress on the issue. 7. The Gordon Wilson Report could be worthy of review by us, and he might be willing to present his report in person. 8. Within the Report is an explanation of the capital debt of BC Ferries. We have an explanation of “bullet bonds” by Rob Clarke, CFO of BC Ferries Inc. 9. Since we last met, the Island Coastal Economic Trust produced a 2012 Economic Report by Jamie Van Struth, which is essential reading for us. 10. Following the unfortunate death of Al Huddlestan, Vice-Chair of Mt. Waddington RD, a new appointment to our Group has been made by that Board. 11. I have attached an email regarding the Coastal Community Network which needs attention by us.

Based on items 1-11, Mac Fraser and I are wondering if it would be useful for us all to meet in August, by teleconference if necessary, to review the items. Then it would be important to assess where we go from here before we meet the Premier, the Minister of Transportation, and anyone else for that matter.

Thank you for your continuing concern for ferry issues.

Sincerely,Colin Palmer, Chair

Powell River Regional District

135 *TELUS Deæcæd Spam*FW: Coastal CommunityNe¡¡vork Sta¡¡s

subject -TELUS Detected spam*FW Coastal community Network status I bc. ca> F rom : Bren d a Paq u i n , Brenda Murphy , Dave , Jim Pal m , Maggie Hathaway < d erson 9@g mai I . com >, Patrick < m h ath awãy@cd p r. bc. ca), Merrick Rnã ersoñ m errickan Stan Gisborne Brabazon , Stan Gisborne ,

For your information !

Brewd,a Paqvt-Lw J Ma na ger of Ad ministrative'Se rvices

rshal l@ca pitaledc.com] From: Capital EDC Economic Development Ima i lto: patrick. ma Sen$ May-17-13 10:23 AM To: Carcline Lukianchuk cc: Laum Roddan; Brcnda Paquin; gfletÓ[email protected]; Tony Bennett Subject: Coastal Community Network Status Importance: High

HiChair Powelland CAO Al, Network asked me to provide you a Tony Bennett, chair of the Board of Directors for the coastal community quick note on the status of your network organization' the uBcM for a decision by the Board The attached note was submitted to Gary Maclsaac, Executive Director of decided by your peers that having yet shortly. Based on consultation with a number of Regional Districts, it was no sense. so they decided to another association for local government with a full complement of staff makes ,.Forum,, NCLGA and the LMGA leading up to an coat tail gatherings on the three key regional associations Avlcc, annual Forum at UBCM AGM' viability of another "coastal" The surge of use of internet communications tools has eclipsed the financial thing' Conference on an annual basis so this has been identified as the next best perfect demonstration of why the Network The coalition of Regional District chairs on the BC Ferry subject is the comprised of the 14 Regional District was created. The Network is supposed to be led by a Board of Directors the call of the chair for specific chairs, meeting by conference call quarterly for 30 minutes of business and at powerful toolwhen applied to actions. lt is not a lobby group. That's UBCM's job. lt is however, a very organizations' conversations with senior governments and their quasi non-government is to have the 14 Regional District The current Board of Directors [all elected local government officials] intent Network at UBCM this chairs assume their rightful place as the Board of Directors of the coastal community trying to communicate to you and september. That was the message that RDMW Chairman Al Huddlestan was AVlcc ucluelet AGM your peers prior to his passing. lt was also communicated to the Board of AVlcc and at the Waddington to confirm this presentation in 20L2. I would encourage you to communicate with Al's CAo at Mt. fact [Greg is copied on this transmission]. over. Please tell me how we can The coastal community Network is not interested in taking anything away or you can post communications from support your efforts. I can provide you with secure access to our web site so I can provide corporate support by a neutral point, you can continue to operate as an independent caucus' for you. taking and posting meeting notes. I am based in Victoria and can run logistics relevant for the coast. There are a Mayor Gerry Furney asked me to help transition the Network into something get everyone in the same room with number of other opportunities that go wanting because we can't seem to Tribal Council Lea dershiP. 136 30/0512013 7:04 PN I of2 *TELUS Deæcæd Spam*FW: Coastal Community Network Status

this happen please let me know when I can callyou to discuss how we make Allthe Best Patrick All the Best Patrick Patrick Ndson Marshall Business and Eænomic Dandopmat Adviser Coastal Eonomic DwdoPer www.patrickmashall.td for coodinates Coælal Community Network Tolt Free +t 877 595-8676 Offiæ +1 250 595-8676

patrick marshal I @coastbc'o rg wwwæastbc.org

-Attachments: 99.0 KB coastal community Network uBcM Request April 2013-pdf

137 3010512013 7:04 Pl 2 of2 Heads rp re Mt. WaddingtonRD

Subject: Heads up re Mt. Waddington RD From: "Bill Cripps" Date: 1410612013 4:51 PM To: "Colin Palmef'

Hi Colin. Apparently the Mt. Waddington RD recently got a new chair and he has requested that one of their directors, who is on the local FAC, get involved with the BC RD's ferry lobby. I was asked who this director should contact and gave them your name since I believe you are still coordinating/chairing the effort. Hope that was OK?

BillCripps

138

I of I 16106120131:07 PM

June 26, 2013

Dear Mayors and Regional District Chairs:

As we prepare for the upcoming UBCM Convention at the Vancouver Convention Centre in September, I wanted to let you know that my caucus colleagues and I are looking forward to listening to the discussions around the issues and initiatives that affect your communities. We will review and consider all of your recommendations with regard to provincial government matters and incorporate them into our discussions.

As governments at every level face difficult economic times, the theme of the 2013 Convention, Navigating the Local Landscape, and the symbol of The Compass, are good metaphors. Together you will identify the best course of action to navigate through the global economic downturn. Your discussions will guide you and your successes will be instructive.

If you would like to request a meeting with me or a Cabinet Minister on a specific issue during this year’s convention, please fill out the online form at http://www.fin.gov.bc.ca/UBCM/ . The invitation code is MeetingRequest2013 and it is case sensitive.

I look forward to seeing you at the 2013 UBCM Convention. If you have any questions, please contact my UBCM Meeting Request Coordinator, Tara Zwaan, at 604-775-1600.

Sincerely,

Christy Clark Premier

139 From: Clare Frater To: Clare Frater Subject: Request for Meeting with the Minister on Derelict Vessels Date: Monday, July 08, 2013 2:10:55 PM

From: Iris Hesketh-Boles [mailto:[email protected]] Sent: Tuesday, July 02, 2013 9:40 AM To: Clare Frater Subject: Request for Meeting with the Minister on Derelict Vessels

Hi Clare:

Hope you had a great long weekend.

Could we take you up on your offer to see if your Council would be willing to request the meeting with the Minister re Derelict Vessels on behalf of AVICC?

Attached is the letter that Mayor Cross has approved to go to the Minister Thomson on the issue.

Iris

----- Iris Hesketh-Boles AVICC Executive Coordinator Local Government House Office Manager 525 Government St, Victoria, BC V8V 0A8 Tel: 250-356-5122 Fax: 250-356-5119 EM: [email protected] avicc.ca / ubcm.ca

The Compass: Weekly News and Information from UBCM – subscribe for free at www.ubcm.ca

140

June 26, 2013

The Honourable Minister Steve Thomson Ministry of Forests, Lands and Natural Resource Operations P.O. Box 9049, Stn Prov Govt Victoria, BC V8W 9E2

Dear Minister:

On behalf of the AVICC Executive and members, I would like to congratulate you on your recent re-election as MLA for Kelowna-Mission and re-appointment as Minister for Forests, Lands and Natural Resource Operations. The experience and history you have in holding this portfolio is welcome.

As you know, derelict and abandoned vessels continue to be a significant issue for our communities for which there has been little progress over the past several years in finding a long-term resolution. The frustration is such that yet another resolution on the topic was endorsed at the 2013 AGM & Convention in April and will be considered at the September UBCM Convention.

You may remember that last year at this time we were waiting for a report from Transport Canada in hopes that it would provide some new insights that we could discuss. The Study of the extent of abandoned and derelict vessels in Canada was finally released in February. For the most part, it reiterated what was already known and recommended the development of an inter-jurisdictional working group to address and provide recommendations on a number of identified issues. An inter- jurisdictional working group has been in place since January 2011 and most of the identified issues in the report have been considered.

In response to our request for a factsheet to assist local governments in the interim, we understand that the Province has been working on a guidance paper to clarify the roles and responsibilities for each organization with a mandate to address derelict vessels. Although anticipated to be released this past fall/winter, it has recently been brought forward to the inter-jurisdictional working group for review with the expectation that it will be posted on the FLNRO website before the UBCM

141

Page 2 June 26, 2013

Convention. We appreciate the work in this area and hope that the document will meet local governments’ need for information on how to deal with abandoned and derelict vessels in the short term.

To facilitate further discussion and information sharing, Islands Trust and the Municipality of Bowen Island have put forward a proposal to the UBCM Convention Planning Committee to sponsor a workshop or clinic on this topic that would summarize local government concerns about this issue, present the provincial guidance document and an update from Transport Canada about recent federal efforts to examine the issue.

In the response to the 2012 UBCM Resolutions on the topic, it was noted that your Ministry “is actively exploring long-term solutions within available resources during a period of fiscal restraint.” Through one of our members, AVICC will be seeking to meet with you during the UBCM Convention and we will look forward to hearing more about what is being considered.

Thank you for your continued efforts on this file. We hope that one day soon a permanent solution that includes sustainable funding sources will be found.

Sincerely,

Mayor Larry Cross President

142

MEMBER RELEASE July 2, 2013

TO: Regional District Chairs & Electoral Area Directors FROM: Chair Art Kaehn, UBCM Electoral Area Representative Fraser Fort George Regional District RE: Electoral Area Directors’ Forum 2013

With the 2013 UBCM Convention quickly approaching, we would like to get your input on discussion topics for the Electoral Area Directors’ Forum. This forum will be held on Tuesday, September 17 from 9am to 12noon at the Vancouver Convention Center in Vancouver, BC.

This year, we will address policy topics in the first half of the session, and best practices in the second half of the session. Therefore, we are seeking:

1) Your ideas for policy topics for discussion; and 2) Examples of best practices

Your direct involvement makes the Forum an annual success. We encourage you to complete and return the attached Electoral Area Directors’ Forum response form, sharing any issues facing your community as well as best practices from your areas.

You can fill in the attached form and fax it back to the UBCM office at (604) 270-9116, or email your ideas to Marylyn Chiang, at [email protected] by July 31, 2013.

Thank you!

www.ubcm.ca 143

2013 UBCM Convention Electoral Area Directors’ Forum Tuesday, September 17, 2013 9am -12 noon

We would like to talk about:

Policy Topics:

Best Practice Examples:

Name: Position: Local Government: Tel: Email:

Please complete and return this form by fax to (604) 270-9116 or email to [email protected] by Wednesday, July 31, 2013.

www.ubcm.ca 144 GIRR in DANGER !

The Galiano Island Recycling and Resources Society (GIRR) has served the recycling needs of Galiano Islanders for over twenty years. From humble beginnings at Bob Bambrick’s yard, GIRR has grown into a streamlined operation on its present site, with skillful employees and dedicated leadership. The Capital Regional District has supported GIRR’s role in providing an equivalent domestic blue-box service to islanders; the BC Gaming Commission has help fund our Redirectory operations. Most importantly, GIRR would not be what it is without the continuing community support it has received through memberships, donations and volunteering. However, in spite of its success today, GIRR’s future is endangered. Here’s why.

The idea that producers of goods should take responsibility for the eventual disposal of their products is the basis for the BC Provincial Government’s Environmental Management Act and its Recycling Regulation. The Regulation requires producers to submit a Product Stewardship Plan capable of ensuring at least a 75% end- of-life recovery rate for listed categories of products. Stewardship agencies have been created to collect beverage containers, electronics, cell phones, tires, small appliances, etc… See for details. GIRR has already been establishing relationships with some of these agencies: you will recall our recent tire collection, for example. So what’s the problem?

Most of the materials brought for recycling consists of packaging and printed paper, and fall under the purview of MultimaterialBC (multimaterialbc.ca), an industry-led non-profit agency. MMBC is developing a comprehensive recycling plan and is offering financial incentives to recycling depots for collecting these materials. The problem is that the incentives, i.e. the amount paid to depots for collecting the materials, are based on the cost per ton collected in urban areas, and do not reflect costs for small rural depots, with much lower tonnage. During a recent conference call managers of Gulf Islands and other rural depots reported that the incentives offered by MMBC would cover only a small fraction (<25%) of their cost of collection. Other MMBC requirements (e.g. fencing, additional insurance, new expensive equipment…) would bring further costs.

GIRR and the other Southern Gulf Islands depots are now funded by contracts with the CRD based on the number of households served, not the tonnage collected. Neither GIRR nor the other island depots will be able to operate under the conditions offered by MMBC. If you believe that GIRR provides a useful service and would like it to continue to do so, please write to the Minister of the Environment, the Hon. Mary Polak and to our MLA, Gary Holman, (with copies to the CRD, our Trustees, and MMBC; addresses and e-mails follow) requesting their intervention in convincing MMBC to take into account conditions applicable to small rural recycling centers.

Paul LeBlond, Treasurer, GIRR, For the Directors of GIRR

The Hon. Mary Polak, PO Box 9047, Stn. Prov. Govt, Victoria, BC V8W 9E2 ; [email protected]

Mr. Gary Holman, MLA, Room 201 Parliament Bldgs, Victoria, BC V8V 1X4 [email protected]

Mr David Lawes, Director, Environmental Protection Division, MOE, PO Box 9339, Stn. Prov. Govt, Victoria, BC V8W 9M1 [email protected]

Mr Allen Langdon, Chair, MMBC, 209-1730 West 2nd Ave, Vancouver, BC V6J 1H6 [email protected]

Mr Russ Smith, Environmental Services, CRD, 625 Fisgard St., Victoria, BC V8W 1R7 http://www.crd.bc.ca/_contact/?r=544

Mr David Howe, CRD SGI Director, 625 Fisgard St., Victoria, BC V8W 1R7 [email protected]

Mr. Ken Hancock, Ms Louise Decario, Ms Sandy Pottle, The Islands Trust, 200 -1627 Fort St.,Victoria, BC V8R 1H8 [email protected] ; [email protected]; [email protected]; 145 Southern Gulf Island Recycling Coalition 520 Bay Turnabout Mayne Island, BC, V0N 2J2

Hon. Mary Polak, Minister of the Environment, PO Box 9047 Stn Prov Govt Victoria, BC, V8W 9E2

Dear Minister Polak:

Congratulations on your appointment as Minister of the Environment. We look forward to continuing to work closely with your Ministry. We are writing today with our concerns about MultiMaterial BC’S (MMBC) implementation of their Program as it applies to small and/or remote depots.

Recycling on the Southern Gulf Islands began in the 1970’s and 80’s with a passionate group of individuals dedicated to reducing the amount of materials reaching the landfill by Reducing and Reusing and finally Recycling. In 1990 the Southern Gulf Islands Recycling Coalition (SGIRC) was established by Mayne, Pender, Galiano, Saturna and Salt Spring Islands to share information about recycling in the province and to make sure that the various organizations on the islands would be able to service their communities in the best possible manner. Together we represent a population base of 15,450, with summer populations of at least double that number, and we collect a total of almost 1,000 tonnes of PPP (printed paper and packaging).

It was with shock and dismay that, when MMBC announced their “Collection Financial Incentives”, we calculated that our Recycling Depots on the Southern Gulf Islands would receive between 13% and 43% of our current PPP operating costs for handling PPP materials (see Appendix 1, Table 1).

There was further alarm when we could not get a definitive commitment from MMBC about keeping current depot service in smaller communities. This decision is in the hands of an industry body (Stewardship Agencies of BC) and the decision will be made without consultation with the parties most affected. All this, despite the assurance in legislation, that current service levels would not be reduced.

On further examination of the document provided by MMBC (See Appendix 2a, Table 4 of “Summary of Collection Cost Research”) we discovered several flaws in the data analysis provided by MMBC. They are as follows: 1. The depots represented on MMBC’s research did not include any of the Southern Gulf Islands depots. Appendix 2b shows table 4 with the Southern Gulf Islands included. The trend of higher costs for smaller depots seen in MMBC’s graph (solid black line) is emphasized by their inclusion. Clearly more data points were necessary. 2. Glenda Geis has stated that “Three of the eight cost data points below $200 per tonne represent unstaffed depot programs.” Since all depots are to be staffed, it is totally inappropriate for these data points to be included in any calculations that determine staffed depot payments. The presence of these points skew the data towards lower prices for tonnage and make any conclusions derived from this data invalid. 3. MMBC chose to assign depot payments for collected recycling in a “one size fits all” manner. Drawing a straight line (red dashed lines in Appendix 2b) through the 146 unrepresentative data points used is a statistically flawed means by which to assign payments to depots. Even the simple best fit curve (solid lines) drawn in the figure would be more logical.

Smaller communities do not have the economy of scale seen in larger operations. The bottom line is that regardless of the amount of materials collected, we need a base financial incentive to keep our doors open. We cannot keep our doors open with the payments proposed by MMBC. It is clear that our interests have not been addressed in this MMBC document.

We in the SGIRC are a passionate group of individuals for whom the idea of paying for service based on tonnage is an outrage - let alone being given bonuses for higher levels of per household collection - as is suggested by MMBC. A high level of tonnage simply means that you have been doing a very bad job Reducing and Reusing materials. We have been educating our communities for years to Reduce and Reuse before Recycling and they have responded enthusiastically. A much more logical way to determine payment for depots in areas without curbside PPP collection would be to assign a payment per household as is done with the Curbside Collection and Multi-Family Building Collection. The CRD has long realized that funding small, isolated depots on a per household basis is a more reasonable way to operate than funding based on Tonnage. We do not understand why we are being treated differently just because we live in rural and isolated communities. Depots in rural BC cannot continue to operate with the compensation being offered.

In closing we request that the Minister directs MMBC to reconsider its extremely flawed payment schedules for small depots. We will do anything in our power (as we have been doing for more that 25 years) to make any reasonable solution work that will enable us to keep recycling depots open in our communities.

Thank you for listening to our concerns. We trust that the Ministry will urge MMBC to review the information provided and respond with a more realistic proposal.

Yours sincerely,

Kim Harris, President, Mayne Island Recycling Society for the Southern Gulf Islands Recycling Coalition cc.: Mr. David Lawes, Director Environment Protection Division, Ministry of the Environment Mr. Allen Langdon, Chair, Multi-Material BC Mr. Russ Smith, Environmental Services, Capital Regional District Mr. David Howe, CRD Director for the Southern Gulf Islands Mr. Ken Hancock, Islands Trust Executive Committee Mr. Gary Holman, MLA North Saanich and the Southern Gulf Islands

Mr. Richard Philpot, Manager, Pender Island Recycling Society Ms. Elizabeth Latta, President, Galiano Island Recycling Resources Mr. Graeme Bregani, Chair, Saturna Island Recycling Committee Mr. Peter Grant, Manager, Salt Spring Island Recycling

147

Appendix 1

TABLE 1

Current PPP MMBC funds/current Island funds(*1) tonnes collected cost/tonne MMBC funding (*2) funds (%)

Mayne $81,881 116.5 $702.84 $13,067 15.95% Galliano $76,250 100 $762.50 $12,000 15.73% Saturna $30,574 33 $926.48 $4,000 13.08% Pender $73,745 128 $576.13 $14,922 20.23% Salt Spring $164,424 564 $291.53 $71,000 43.18% total $426,874 941.5 $453.40 $114,989 26.93%

overall MMBC payment/tonne = $122.13

*1 – 2012 CRD service fee contract, plus CRD capital grant, plus income from product sales, minus hauling costs *2 - MMBC Collection Financial Incentive (products baled) less 25% deduction for ICI

Appendix 2

A B

Table 4 from MMBC Summary of Table 4 with the S Gulf Islands Collection Cost Research included

1000 1000 900 900 800 800 700 700 600 600 500 500 400 400 300 300 Cost per tonne arrows tonne per Cost represent Southern Gulf 200 200 Islands 100 100 rd line is the cost/tonne offered by 0 0 MMBC 0 1000 2000 3000 4000 0 1000 2000 3000 4000

tonnes managed tonnes managed

Arrows ( ) indicate points representing the Southern Gulf Islands Red dashed lines indicate average level of funding for the Southern Gulf Islands proposed by MMBC Solid black line represents best curve fit.

148 Association for Denman Island Marine Stewards e-mail; [email protected] or, [email protected]

July 12, 2013

Sheila Malcolmson, Chair, Islands Trust Council Islands Trust 200 - 1627 Fort St Victoria, BC V8R 1H8

Dear Chair Malcolmson,

On June 27th, 2013 I attended the Pacific DFO Shellfish Aquaculture Management Advisory Committee meeting as a director of the Association for Responsible Shellfish Farming and the only environmental ngo representative.

In the afternoon session a geoduck management framework proposal was discussed. DFO has created green zones for potential geoduck aquaculture tenures and intertidal coastal areas of the Strait of Georgia are one of the two categories they have identified for this. The shellfish industry representatives were very anxious for DFO to speed up and streamline the process to allow foreshore geoduck aquaculture tenures to get started. This is worrisome as the method of culture and harvest of geoduck in the inter-tidal coastal zone is very invasive, creating highly negative impacts to marine habitat and alienation of other species and uses of the foreshore.

The Association for Denman Island Marine Stewards (ADIMS) feels that it's critical for the Islands Trust Council and our Local Trust Committee to be knowledgeable about the methods of geoduck aquaculture production and harvest on the foreshore so that you can give your input to DFO during their consultation phase for the management of shellfish aquaculture. This type of aquaculture is not appropriate for Trust Islands whose mandate is to preserve and protect and is definitely not compatible with the marine section of the Denman Island OCP objectives.

ADIMS has suggested to our Local Trust Committee that either ADIMS or the DI Marine Advisory Planning Committee could prepare a presentation for our LTC on geoduck aquaculture production and harvest methods that would include information from Puget Sound, Washington where inter-tidal geoduck aquaculture has been happening for years. We would also be willing to present this to the Trust Council after it's completion, at a time that would be convenient.

Many thanks for your consideration in this matter.

Sincerely, Shelley McKeachie Co-Chair, ADIMS Director, Association for Responsible Shellfish Farming cc: Trustee Busheikin Trustee Graham Trustee Luckham 149 150 151 152

-----Original Message----- From: Sheila Malcolmson Sent: June-27-13 8:14 AM To: David Marlor Cc: Marie Smith Subject: 4.3.1 for EC

David,

- i am pretty sure i forgot to send you this within the meeting, and we didn't finish this item up. If you can advise on the wording, i can include this as an item at our next meeting to confirm the direction. how about: resolve to request that, for Strategic Plan implementation, staff 1) distill LTC Strategic Plan items and include in LTC agendas that include budget considerations and major work program revisions, 2) include a web link to the whole SP rather than including the entire SP, and 3) include a memo describing how LTC work plans can help carry out Council's Strategic Plan, and how alignment might benefit the LTC.

153 154 155 156 157 158 159

-----Original Message----- From: Sheila Malcolmson Sent: June-27-13 8:14 AM To: David Marlor Cc: Marie Smith Subject: 4.3.1 for EC

David,

160

2013 VANCOUVER ISLAND STATE OF THE ISLAND ECONOMIC SUMMIT – OCTOBER 29-30, 2013, NANAIMO

What is the Summit Conference? A: The Vancouver Island State of the Island Economic Summit, now in its 7th year, provides a venue and a forum for businesses and stakeholders on Vancouver Island to understand the State of the Island Economy. Youth, First Nations, Political Leaders, Business Leaders, Small Business and other inspirational leaders on Vancouver Island participate in championing actions which will position Vancouver Island in the Global Marketplace.

The conference is a manifestation of the core beliefs of VIEA: • Shared economic issues that need more effective and informed leadership can be addressed through regional collaboration. • We want to position Vancouver Island to be a serious contender for investment in B.C. • The considerable economic and social transition that is underway on Vancouver Island, from a mainly resource based extraction economy, presents challenges and opportunities that can best be addressed through collective action. • Shared resources can increase access to the investment community and enhance our competitiveness and ability to attract skilled workers.

How do I register? A: Registration for the 2013 Summit is $349.00 for members and $395.00 for non members. Register by July 31, 2013 and receive a 10% discount. If you register 2 or more people from your organization for the Summit, save another $20 for each additional person. Please note that to qualify for the group rate, ALL membes of that group must be registered at the same time.

Visit our registration page to register online. Please contact [email protected] for information regarding Summit sponsorship opportunities.

What happens at the conference? A: A schedule outline for the 2013 Summit is available on the registration page. A complete 2013 conference schedule will be available closer to the event. In the meantime, watch for updates.

The conference provides an opportunity for businesses and stakeholders on Vancouver Island to work together on overcoming common issues, and to collaborate on enhancing the island's position in the global marketplace. You can look forward to a number of high profile keynote speakers, discussion sessions for important emerging economic issues and opportunities, as well as networking exposure for your business, project or community initiatives with Vancouver Island leaders.

Who should attend? Anyone with interest and investment in the Vancouver Island economy & the future outlook of Vancouver Island.

Attendees include youth, First Nations, and major infrastructure representatives, political and business leaders, small business and technology entrepreneurs with interest in emerging opportunties and solutions to barriers to investment and economic development prospects.

How can I get more information? If you have a question not covered here, we'd like to answer it! Please send an email to [email protected].

161 Vancouver Island State of the Island Economic Summit ~ 2013 - Registration Form

Special needs :

Comments (include any special consideration about your registration) :

REGISTRATION

Registration On or Before After July 31, 2013 July 31, 2013 Registered Delegate ~ Member $ 315 $ 349 Registered Delegate ~ Non-Member $ 360 $ 395 Summit panel speaker (attending day of presentation) NC NC Summit Speaker ~ Attending Entire Summit $ 250 $ 250 Enjoy Member Benefits NOW

Join the Vancouver Island Economic Alliance and save on your registration. Simply select the member option above and choose the appropriate member category below.

IF YOU REGISTER MORE THAN ONE PERSON FROM YOUR ORGANIZATION NOW, SAVE $20 ON EACH ADDITIONAL REGISTRATION.

For large Corporations (500 plus employees) and large communities with populations over 10,000 ~ Membership fee $1,000 annually

For medium sized businesses (50-499 employees), small communities under 10,000 population ~ Membership fee $500 annually

For small sized businesses (employees -2-50) ~ Membership fee $250 annually

For Micro sized business/home based business ~ Membership fee $150 annually

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SPEAKER INFORMATION ~ To be Completed by all speakers Speaker profiles will be strictly limited to 100 words. Speakers are asked to provide all of the following basic information: title, the name of his/her business or organization, and a brief synopsis of the business and/or main work responsibilities. Also please include education, professional designation or training, research, awards and/or certification and professional development. A list of positions held could also be included: community, government, industry- related. Profiles along with head shots in the form of hi-res (300 dpi) digital files to be reproduced at the size shown, should be collected no later than June 30, 2013.

162 https://www.proreg.ca/events/viea/2013/delegate-e.php[17/07/2013 12:16:05 PM] Pender Islands Trust Protection Society 6604 Harbour Hill Road, Pender Island, B.C. V0N 2M1 (250-629-6885) July 1, 2013 (Happy Canada Day!) Via Email

Dear Sheila;

Thank you for your email of June 25, 2013 with a follow up on two suggestion put forward in 2012. We realize just how busy the schedules are for yourself, the Executive Committee and Trust Council - you are all truly amazing with all the excellent work you do on behalf of all us Islands Trust Islanders – our sincere thanks! So we were pleased that you were able to fit our advocacy suggestions into the already busy agenda.

We appreciate the Executive Committee’s action of circulating, to all Local Trust Committees, our concerns re the ever increasing dwelling sizes with requesting consideration be given to limiting the footprint for several reasons from the preservation of resources (water / power / building materials), affordability of homes for younger island families to protection of the ecology of the islands. And with special consideration of preservation of our communities with not continuing down the road towards the Nantucket Scenario. And I sincerely thank you for continuing the quest of protecting our marine environment from all pollutants. I agree that the Pleasure Craft Sewage Prevention advocacy is into very murky waters (excuse the pun) for the many lobbyists from the marine stakeholders who seem to think that they should all be grandfathered when it comes to discharging all types of sewage (black & grey water) into the marine waters as ‘their little bit won’t hurt – look at Victoria’ or ‘it’s good for the marine environment, look at all the nutrients we are adding’ – for I have heard all the excuses many times.

I wish to extend to Trustee Ken Hancock my sincere thanks for all his work on overviewing what has and continues to take place within the Trust Area to alleviate this serious marine polluting problem. And I truly applaud the eight Local Trust Committees for including in their OCP’s the importance and desirability of providing pump-out facilities for pleasure craft and to all the other Local Trust Committees that support increasing protection in a variety of ways. It’s a big step in the right direction. As for further ‘no discharge’ zones this went the way of the changing administration in Victoria well over a decade ago when the need for these zones was eliminated. Then the consideration for ‘no discharge areas’ went back to into the hands of the federal government and that is where we are today. While some progress has been made in the last decade we are still a considerable distance behind the USA regulations.

Thank you for continuing with this issue in the Strategic Plan, I am very grateful for we have come this far after 15 years so would hate to give up the battle for the marine environment in this particular arena. If only the National Marine Conservation Area would surface and take over this issue for the health & well-being of all species known as the ‘common good’.

As you know I still work within the boater’s community through the Canadian Power & Sail Squadron and every time I advocate for cleaner marine waters though this initiative I think of boater, friend & long time Pender CPS Squadron member, the late Peter Hemphill. He placed me on this bandwagon over 15 years ago due to his serious concern for Desolation Sound and other cruising destinations including the Islands Trust Area.

Thank you once again for all you do within the Islands Trust for our communities and the Natural Environment – terrestrial and marine.

Cheers Sara

Cc Ken Hancock, Gary Steeves, Peter Luckham Lisa Gordon, Marie Smith

163 22/07/2013 2:21 PM

Executive Committee Work Program Top Priorities

Top Target Project Date Activity Priority Description Origin3 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 Summary4 No Date TC Prep, Strategic Planning, Org. Improvements, TC Policy & Bylaw Development, Management Liaison, Governance(EXEC) Clarify jurisdictional issues related 2012 12 12 TC-R 2013 05 24 initial ministerial discussion LA 2015 In progress to Islands Trust boundary 2013 04 Legal advice obtained EX-12-03 1 2012 11 Preliminary discussions with one Y N Y 2.4.8 RD 2012 09 Presentation to Trust Council Recommend policy amendments 2013 03 06 TC-R 2013 05 28 RFD forwarded to TC with related to Bylaw 154 (Delegation to initial ID of policies EX-13-02 2 SSILTC re water resource 2013 04 23 EC received briefing with LA 2013 09 In progress Y Y Y 3.4.2 management) draft bylaw and initial ID of policy amendments Islands Trust Impact Analysis – 2012 09 12 TC-R 2013 07 03 Final ToR received from LA 03 2014 In progress potential budget impact with regard ministry to possible SSI incorporation 2013 06 11 Comments on draft ToR sent to Ministry EX-12-02 3 Y N Y 2013 06 10 Draft ToR received for 6.3 comment 2013 04 08 Input to MCSCD re TofR re Islands Trust Impact Analysis Communications, Advocacy, Policy Statement, Protocols, Inter-agency and Public Relations (TAS) New MLA, Minister & Critic Prepare letters to new Trust Area MLAs, LG August 2013 Not started 1 orientation all Ministers & critics & Parliamentary

1 Numbered chronologically by group, year and next consecutive number 2 Date of originating resolution – in the case of policy, provide date of policy 3 TC=Trust Council; EC=Exec Comm; R=resolution; P=policy; ITA=Islands Trust Act 4 Summarize activity to date, in reverse chronological order 5 SP = Referenced in current Trust Council Strategic Plan 6 PS = Referenced in Islands Trust Policy Statement 7 ToR = Consistent with Executive Committee Terms of Reference of policy assignments BOLD = non-discretionary (required by legislation or Trust Council policy)

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Top Target Project Date Activity Priority Description Origin3 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 Summary4 No Date secretaries with relevant portfolios Proceed with next phase of video LG 2013 Not started 2 project – (develop staff advice for 2011-11-12 EC N N Y next steps) 2013 06 13 Trust Council endorsed report with amendments TS- 3 Draft Annual Report 2013 04 01 ITA LG August 2013 In progress N N Y 2013 05 28 Draft forwarded to TC for approval Administration (ADMIN) Develop session re special tax 2013 03 19 EC CS 2013 Not started AD 10 02 1 N N Y requisition for future TC mtg LTC Assistance (LPS) Develop advice re bylaw 2013 01 23 EC 2013 05 29 A new report format DM 2013 06 In progress enforcement updates to TC, EC and submitted for June TC. Further work on LTCs tweaking will occur in time for LP-13-01 1 September. N N 2013 05 29 Working on developing and clarifying reporting structure to TC, EC and LTCs. Legislative Services, Procedures, Administrative Fairness (LS) Develop recommended 2010 08 17 EC-R 2012 04 06 Research/prepare first draft amendments for LTC 2010 02 09 2012 07 23 CAO review of 1st draft correspondence handling policy 2012 10 11 CAO review of 2nd draft 2012 10 12 Draft circulated to RPMs/LPS LS-10-03 1 CT 2013 09 In progress N N Y Admin. staff for comment 2012 11 07 Review RPM Feedback resulting in amendments and need to separate policy and procedure in draft

165 22/07/2013 2:21 PM

Executive Committee Work Program Long List

Long List Target Project Date Activity Priority Description Origin Owner Completion Status SP PS ToR No Initiated Summary No Date TC Prep, Strategic Planning, Org. Improvements, TC Policy & Bylaw Development, Management Liaison, Governance(EXEC) Provide advice re EC work program 2013 01 24 EC-R 2013 05 28 Meeting prep policy management endorsed – for review in October 2013 05 23 Draft meeting prep policy prepared for adoption consideration 2013 05 02 EC work program and FUAL revised for next agenda EX 13-01 4 2013 04 23 Partially discussed at EC LA 2013 10 In progress N N Y meeting 2013 04 17 Revise RFD and attachments 2013 04 04 Mgmt Team discussion 2013 03 14 Develop initial RFD for EC with draft policy for EC meeting preparations Review food security topics in 2010 (TBD) TC-R Not started EX-10-03 5 existing protocols & protocol Y Y Y development Improve policy development 2012 12 08 EC-R 2013 04 staff training plans started LA 2014 In progress EX 12-04 6 process 2013 04 internal discussions and N N Y research Seek legislative change regarding 2012 09 12 TC-R 2013 Chair letter to Minister LA 2015 Next steps TFB corporate structure and name 2012 Initial discussion with ministry staff pending EX-12-01 7 Y N Y change prov 1.4.1 readiness Develop long-term CAO succession 2010 09 27 EC-R Some research completed LA 2013 Not started EX 10 02 8 N N Y plan Develop policy regarding litigation 2012 12 08 EC-R LA 2013 Not started EX-12-05 9 N N Y defence Improve documentation about prep 2012 12 08 EC-R LA 2013 Not started EX-12-06 10 N N Y of RFDs and briefings Facilitate annual meeting between 2010 TC-R LA 2012 10 Not started EX-10-02 11 N N Y EC and BIM Liaison between IT and SSI 2012 12 08 EC-R 2013 04 Attended inaugural meeting of LA 2014 On-going EX-12-07 12 Y N Y governance committee SSI governance committee EX-12-08 13 Develop liaison program re new 2012 12 08 EC-R LA 2013 Not started N Y Y

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Long List Target Project Date Activity Priority Description Origin Owner Completion Status SP PS ToR No Initiated Summary No Date provincial government Communications, Advocacy, Policy Statement, Protocols, Inter-agency and Public Relations (TAS) Improve First Nations relations TC / SP Identify resource needs for improved LG 2013 Pending First Nations consultation and completion 4 engagement. Report prepared with of top 3 Y N Y preliminary identification of potential improvements EC Letter to First Nations to cover LG 2013 On hold distribution of Council decisions re: 4 2012-07-03 Y N y pipeline - Drafted but on hold pending relevant new content to hook it to. EC Develop letter to minister re First LG 2013 On hold 4 2010-11-2 N N Y Nations issues Derelict vessel advocacy EC Participate in joint working group for LG 2013-2014 In progress NEW 5 2010 Y N Y removal of derelict vessels in BC 6 Pleasure craft sewage advocacy 2009 TC Chair correspondence LG 2013-2014 In progress Y Y Y Trustee orientation EC Develop a Continuous Learning session LG 2013 In progress 7 2010-11-3 N N Y about advocacy / media relations BC Ferries Advocacy EC Draft letter to BC Ferries re protocol LG 2013 On hold 8 2009-10-14 N N Y agreement EC Draft op-ed re ferry fares - CF drafted for SM 2013 On hold 8 2013-02-19 Y Y Y Chair March 6 Oil spill advocacy EC Represent Object during Kinder Morgan LG 2013 In progress 9 2012-06 Y N Y public consultation processes 10 Policy amendments 2013-01-24 EC Provide advice re amendments to Policy LG Sept TC? On hold N N Y 6.2.ii (AVICC/UBCM) re convention attendance - CF shared proposed changes with CAO Administration (ADMIN) n/a LTC Assistance (LPS) Provide advice re application 2012 11 20 EC Not Started N N N LT-12-02 2 sponsorship policy re sponsorship of gov. bodies Establish consistent use of bylaw 2012 11 20 EC In Progress N Y Y LT-12-03 3 checklist with planners Incorporate Rise and Report 2012 11 20 EC In Progress N N N LT-12-04 4 motions into in-camera staff report

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Long List Target Project Date Activity Priority Description Origin Owner Completion Status SP PS ToR No Initiated Summary No Date templates Report on ideas to provide LTCs 2012 10 30 EC Not Started N N N LT-12-01 5 with context for strategic plan Review and report on process for 2012 08 12 EC Not Started N N Y LT-12- 7 development of RD/LTC protocol agreements Review and report on ILMB process 2012 08 12 EC Not Started N N N Lt-12 8 regarding tenure referrals Work with CVRD and Thetis LTC re 2011 11 22 EC Not Started N N N LT-11 11 bylaw violations on remote islands Legislative Services, Procedures, Administrative Fairness (LS) Develop presentation to TC re 2012 EC-R 2013 05 07 Session outline developed CT 2013 09 In progress N N Y LS-12-02 2 FOIPPA Develop policy/procedures to 2010 07 13 EC-R 2012 Staff training to ensure that CIMs CT TBD In progress N N Y ensure consistent approach to CIMs are treated as special meetings LS-10-02 3 and PHs, use of notice, agendas, minutes, etc. Develop policy/procedures about 2009 02 24 EC-R 2011-12 on-going advice to trustees and CT TBD In progress N N Y LTC meetings/open meetings/staff staff with reference to orientation presence materials LS-09-01 4 2011 Trustee orientation re open meetings 2009 03 Flowchart created (Is this discussion a meeting?) Develop RFD for TC re RWM 2013 05 07 EC-R Not started CT TBD Not started LS-13-01 5 procedures Develop RFD for TC re access to 2013 05 07 EC-R Not started CT TBD Not started LS-13-02 6 legal advice

Notes: 1. Tasks assigned by Trust Council, either by resolution (R) or policy (P) (e.g. Annual Report development) should normally appear as the highest priority projects from the date of initiative until complete, unless variance approved by EC resolution. 2. Cyclical tasks with defined deadlines (i.e. Preparation of Trust Council agenda package) will occasionally displace discretionary projects.

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