Strathcona REGIONAL DISTRICT

STAFF REPORT

DATE: November 1, 2017 FILE: 0550-04 Board TO: Chair and Directors, Regional Board

FROM: Dave Leitch Chief Administrative Officer

RE: TLOWITSIS ADDITION TO RESERVE PROPOSAL

PURPOSE/PROBLEM The consider providing a letter of support to the Tlowitsis Nation in support of their Addition to Reserve (ATR) application.

EXECUTIVE SUMMARY The Tlowitsis Nation has made an application to Indigenous and Northern Affairs Canada (INAC) to approve what is called an "Addition to Reserve" for property parcels on York Road, Electoral Area D. These parcels are fee simple lands that the Tlowitsis are in the process of purchasing from Timber West with a view to create a community and home for the Tlowitsis people. The subject area is shown on the enclosed map.

The federal government has full jurisdiction over the ATR process. The Regional District does not have any right to approve or reject the application however, the views and interests of local government must be considered through the ATR process and the federal government encourages collaboration between First Nations and local government on matters of mutual interest.

In June 2016, the Tlowitsis Nation requested that the Strathcona Regional District provide a letter of support for their application (attachment A). The Board considered this request, alongside comments and questions presented by Electoral Area D residents at their regular meeting held June 15, 2016. It was resolved that the Board did not have adequate information at the time to support the proposed ATR. In addition, the Board requested that a comprehensive consultation process be conducted to address issues raised by Electoral Area D residents (SRD 629/16, attachment B).

Over the last year, representatives of the Tlowitsis Nation, INAC, Electoral Area D, the City of Campbell River and the Regional District have met through a Community to Community Forum, and subsequently formed an Ad Hoc Committee, to develop a strategy for engagement with Area D residents. The Committee determined that the Tlowitsis and INAC should prepare additional information to respond to the issues raised by Area D residents. This information was developed accordingly and distributed in the form of a package (attachment C) by the Regional District to all property owners in Electoral Area D during the week of August 21st, 2017. Of the 1,845 information packages distributed, as of the end of September 2017, only 5 requests for additional information were received (attachment D). These submissions contained additional comments and questions in relation to: water and sewer provision, traffic management and road safety, site planning, the potential for bylaw harmonization, community benefit and request for further engagement. Staff Report — Tlowitsis Addition to Reserve Proposal Page 2

The Tlowitsis Nation have recently submitted a second letter to the Regional District Board (attachment E). In this letter, the Tlowitsis state that they are committed to continuing a respectful dialogue and supporting communications with residents. The Tlowitsis request that the Regional District draft a communications plan, with input from them to keep Area D residents informed about future development, site and land use plans and that the Board provide a letter of support to the Tlowitsis Nation for the ATR application.

Through the process that has unfolded over the last 18 months, the Regional District has worked to facilitate a respective and constructive dialogue in which the views and interests of Electoral Area D residents have been heard and communicated to the Tlowitsis Nation and INAC. In turn, through this process, the Tlowitsis Nation and INAC have had an opportunity to respond to residents with the information they have at this time, and in a manner that they feel is appropriate. This is the extent of the role that the Regional District has in the ATR application process. It is therefore recommended that the Board consider moving forward by providing the attached draft letter of support in principal (attachment F) which acknowledges the commitment of the Tlowitsis First Nation to continued communications with Electoral Area D residents in relation to the proposed development plans and the matters of interest to them.

RECOMMENDATIONS

1. THAT the report from the Chief Administrative Officer be received.

2. THAT a communications plan be developed with continued input from the Tlowitsis Nation to keep residents informed about future development, site and land use plans.

3. THAT the attached letter of support be approved in principle, acknowledging the commitment of the Tlowitsis Nation to continue engagement on matters of interest to residents of Electoral Area D.

Respe_ctfully:

Dave Leitch Chief Administrative Officer

Prepared by: V.Smith, Special Projects and Sustainability Manager

Attachments: A. Tlowitsis Nation, request for letter of support (Mar 8, 2016) B. SRD 629/16 C. Information package distributed to Area D property owners (Aug 21, 2017) D. Submissions received in response to information package (Sept, 2017) E. Tlowitsis Nation, request for letter of support (Oct 23, 2017) F. Draft letter of support growitsis Nation APPENDIX A

March 8, 2016

Chairperson John MacDonald and Directors Strathcona Regional District 301 — 990 Cedar Street Campbell River, BC V9W 7Z8

Dear Sir,

RE: Tlowitsis Nation's Purchase of York Rd. Properties (Lot 3 to Lot 8)

The Tlowitsis First Nation has reached a deal with TimberWest through its Couverdon subsidiary for the purchase of Lots 3, 4, 5, 6, 7 and 8 of their York Road properties situated on the north side of York Road. This property comprises of approximately 630 acres of contiguous rural lots.

The purpose of this deal is to establish a home community for the members of the Tlowitsis First Nation. We are in the process of completing an application for this property to be given reserve status by the Additions to Reserves ("ATR") process through Indigenous Affairs.

We have completed all the environmental assessments, property appraisals, land encumbrances and a community Infrastructure Feasibility Study and cost assessments. We also have letters of support from all the surrounding First Nations.

We have met with Area Director Leigh regarding this proposed land and community development. We have provided a schematic of potential Land Use Plan, which identifies the small footprint the new community will have on the area within the properties.

The Tlowitsis Chief and Council would like to be as transparent in regard to our development as is practical. It is the Tlowitsis intent to maintain a green and sustainable community land development. There will be a high level of land use planning upon completion of the sale and the granting of the land to reserve status by Order-In-Council.

We are now in the final stages of completing our Application package that will be sent to the Minister of Indigenous Affairs to obtain the Order-In-Council approval by the Privy Council.

We are requesting a formal letter from the Strathcona Regional District which states that there are no grave concerns with regard to this land development and that the Regional District, more importantly that the Board state it would be willing to meet with the Tlowitsis regarding potential services agreements, (fire and public safety etc.).

1345 Bute Crescent Campbell River, BC V914 ICA, Phone 250.923.7815 Fax 250.923.7816 Email [email protected] wvvw.tlowitsis.com Our timeline is to get our completed ATR package to the Minister of Indigenous Affairs before June 15, 2016. First it has to be reviewed by the ATR board at the BC regional office with a recommendation to Regional Director General and then it is forwarded to headquarters in Ottawa. We are hoping to receive the signed Order-In-Council by October 2016.

Therefore we would appreciate a response or a letter approved by your Board of Directors regarding this matter at your earliest convenience, so we may include it in our Application package.

The Chief and Council would like maintain the lines of communication with the Regional District. Please contact our offices at any time should you have any further questions or concerns with our request.

We thank you for your attention to this matter.

Sincerely,

ief John M. Smith

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CERTIFIED COPY OF BOARD RESOLUTION

Leigh/Whalley THAT the Tlowitsis Nation, INAC and Aboriginal Affairs (BC) be SRD 629/16 advised that the Strathcona Regional District has not, to date, received adequate information upon which to comment on the Tlowitsis proposed Addition to Reserve (ATR) in Electoral Area D of the Strathcona Regional District.

In anticipation of an ATR application being forwarded to INAC, the Strathcona Regional District requests that INAC ensure that a comprehensive consultation process is conducted in the affected community of Electoral Area D in order that issues such as bylaw harmonization, mutually beneficial service agreements, taxation compensation, dispute resolution mechanisms and other factors likely to affect the existing Area D community are addressed prior to any approvals of an ATR being granted.

CARRIED

I hereby certify the foregoing to be a true and correct copy of Resolution # SRD 629/16 as passed by the Board of the Strathcona Regional District at its regular meeting on June 15, 2016.

-

.410 AW411"7 - T. Yates Cocddrate Officer _ - Dated at Campbell River, BC this 27th day of June, 2016

NB: Until such time as they are adopted, minutes of the meetings of the Board of the Strathcona Regional District remain tentative. Although the wording of resolutions is confirmed to be correct at the time of certification, they are subject to amendment up until the minutes are adopted by the Board. APPENDIX C

OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER

August 21, 2017

To the property owner within Strathcona Regional District, Electoral Area D:

RE: TLOWITSIS ADDITION TO RESERVE PROCESS

The Regional District has received questions from residents about an application to Indigenous and Northern Affairs Canada (INAC) from the Tlowitsis First Nation to approve what is called an “Addition to Reserve” for property parcels on York Road. These parcels are fee simple lands that the Tlowitsis are in the process of purchasing from TimberWest. The subject area is shown on the enclosed map.

The Regional District does not have any authority to approve or reject the application for the Addition to Reserve. The Regional District will continue to work with INAC, the Tlowitsis First Nation and the City of Campbell River to provide as much information as possible on the process and proposal for the subject properties, and to facilitate constructive dialogue.

Information about the Tlowitsis First Nation and their proposal is available on their website: www.tlowitsisnation.ca. For information on the Addition to Reserve process, please refer to INAC’s website: https://www.aadnc-aandc.gc.ca/eng/1332267668918/1332267748447

Enclosed you will also find additional information provided by the Tlowitsis First Nation, INAC and the Regional District in response to the list of questions previously raised by residents of Area D.

We appreciate the continued willingness of the Tlowitsis First Nation and INAC representatives to answer questions and share information as it becomes available.

Should you have further questions, please send them to: [email protected]. Questions may also be delivered to the Strathcona Regional District by mail or in person. Questions must be received by September 29, 2017. Your name, address and contact information must be included and will form part of the public record on this matter.

Enclosure

#301 – 990 Cedar Street, Campbell River, BC V9W 7Z8 Tel: 250-830-6700 Fax: 250-830-6710 Toll free: 1-877-830-2990 www.strathconard.ca

Questions received by the Regional District

The Regional District was presented with a list of questions about the Tlowitsis First Nation application for Addition to Reserve by Oyster Bay – Buttle Lake (Area D) Director Brenda Leigh on April 6, 2016. These questions are listed below alongside a guide that points to the relevant section of the enclosed Tlowitsis First Nation ‘Questions and Answers’ and the ‘Frequently Asked Questions’ produced by Indigenous and Northern Affairs Canada. In a few instances, Regional District staff have provided a response.

Question Relevant section(s) of enclosed document(s)

1 When is a public meeting with the • INAC FAQ no 2 “What is the process for consultation people who live in Area D going to be with local governments regarding Additions to held? Will the Tlowitsis consultants be Reserve/Reserve Creation” hosting the meeting or can the Regional District conduct the public • INAC FAQ no 3: “Who is responsible for keeping local meeting? governments and residents informed” • Tlowitsis First Nation Q&A pg 8 “Communication with the Community” 2 What is the status of the land • Tlowitsis First Nation Q&A pg 2 “When did you make purchase? Has the land been an offer to purchase this land?” purchased “fee simple” or is there just an agreement to purchase which is “subject to” the creation of an Addition to Reserve? 3 The land in this vicinity has a history of • Tlowitsis First Nation Q&A pg 5 “Are the Tlowitsis in failed groundwater. We have had discussions with the SRD and CCR regarding the “Emergency” extensions of the water provision of municipal services (e.g. water, sewage systems in York sub-division and on and emergency services)” Craig Road due to failed wells. The current water line has no further • INAC FAQ number 6 “What are the roles and capacity (especially in drought, responsibilities for water and wastewater services on summer months) to service more reserve” connections. Where will safe, clean water be available for this proposed Addition to Reserve such that human health is protected? Who will pay for the millions of dollars required to distribute and treat water to this proposed development? 4 What is actually proposed for this • Tlowitsis First Nation pg 4 “What are the Tlowitsis’ land? Will there be a “high density” development plans for the property” housing development or trailer park • Regarding a mobile home park on the property, and, if so, how will the sewage be treated? please refer to TFN Q&A pg 7 “Do you have plans for a light industrial park or a mobile home park on the property? What about commercial or industrial development – what are your plans?” • Regarding sewage, please refer to TFN Q&A pg 5 “Are the Tlowitsis in discussions with the Strathcona Regional District (SRD) and the City of Campbell River regarding the provision of municipal services (e.g. water, sewage and emergency services)?” 5 The Federal policy on creation of Additions to Reserves requires that "reasonable attempts have been made to address the concerns of local government." Canada's "good neighbour" approach to ATRs means that discussions between First Nations, local governments, Provinces and Territories and private landowners should be conducted with good will, good faith and reasonableness. Items of mutual interest and concern must be resolved through negotiation. When and how will these discussions take place and will they, please, address the following issues: a) Tax considerations: The loss of • INAC FAQ number 8 “Does the new Additions to tax base and compensation for Reserve/Reserve Creation Policy include same to Electoral Area D needs to consideration for local government taxes?” be negotiated b) Bylaw harmonization: We must • Tlowitsis First Nation pg 7 “Would you consider come to an understanding of how harmonization of other area bylaws (like animal by-laws for each jurisdiction will control, street lighting, noise, etc.)? be harmonized. The densities and • INAC FAQ number 7, “Does the new Additions to land uses on the proposed ATR Reserve/Reserve Creation Policy support bylaw must fit with the Area D harmonization with neighbouring municipalities?” community and our land use • Regarding hunting, please refer to Tlowitsis First values and should dove-tail with Nation Q&A pg 4 “Will the Tlowitsis be hunting on this our community vision. There can land?” be no high-density development • Regarding environmental protection, please refer to or commercial/industrial Tlowitsis First Nation Q&A pg 3, “Have you completed developments in this Area which an environmental assessment on the property?” are incongruent with the • INAC FAQ number 9, “What steps are taken to surrounding community and this address environmental issues in an addition to needs to be made clear to the reserve or reserve creation process?” applicants. Furthermore, Regional by-laws such as noise, nuisance, no hunting in residential areas, environmentally sensitive habitat bylaws that protect wildlife (development permits) need to be in place to protect the interests of Area D citizens whose properties and livelihoods depend upon this harmonization. c) Third Party Access: Historically, • Tlowitsis First Nation Q&A pg 4, “People have been these private managed forest using this land for recreational pursuits like hiking and lands have been accessed by biking. Would the Tlowitsis allow people to continue to recreational users of all types. Will use land for this purpose?” access be denied through all of these lands to the people of Area D who have enjoyed these trails for decades? How will third-party access be accommodated? d) Meaningful Consultation is critical • Tlowitsis First Nation Q&A pg 8, “Communication with to this process. How will the the Community” Regional District effect meaningful 2 consultation with the people in • INAC FAQ no 2 “What is the process for consultation Area D? with local governments regarding Additions to Reserve/Reserve Creation” • INAC FAQ no 3: “Who is responsible for keeping local governments and residents informed” e) Are there other First Nations that Regional District Planning staff have provided the following have interests in this Area? comment: • The Regional District received correspondence from the Ahwahoo Committee indicating an interest in lands within the jurisdiction of the Strathcona Regional District. The provincial consultative Areas Database identifies the following First Nations with interests in this area: o Nanwakolas First Nation o Laich-kwil-tach Treaty Society o o We Wai Kum First Nation o Homalco First Nation (Xwemalhkwu) o K’omoks First Nation f) What, if any, plans have been • Tlowitsis First Nation Q&A pg 5 “Are the Tlowitsis in formulated and with whom to discussions with the Strathcona Regional District resolve issues such as road (SRD) and the City of Campbell River regarding the clearing, water, sewer, hydro and provision of municipal services (e.g. water, sewage utility tenures, educational and and emergency services)?” health requirements, policing, • Tlowitsis First Nation Q&A pg 6 “Who would provide emergency services, garbage other community services (e.g. electricity, education, collection, etc.? How will this health care, garbage collection, etc.) Addition to Reserve be accessed by • Tlowitsis First Nation Q&A pg 7 “Where would the road and if the road is to connect to road access for the Tlowitsis community be? What existing subdivisions, will the about public transit?” residents of those subdivisions be consulted as to the potential traffic increase? g) The Federal policy on formation of • INAC FAQ no 2 “What is the process for consultation ATR's says: "First Nations are with local governments regarding Additions to encouraged to involve and engage Reserve/Reserve Creation” the general public as early as • INAC FAQ no 3 “Who is responsible for keeping local possible in the planning and governments and residents informed” development phase. The Federal • Tlowitsis First Nation Q&A pg 8 “Communication with ATR policy encourages the public to the Community” express their views. 1st Nations and local government decide JOINTLY WHO AND HOW TO CONSULT. If the 1st Nations' consultant do not plan to host a public information meeting, will the Regional District

3 Planning Department be able to conduct this exercise and make it comprehensive and meaningful for residents of Area D? h) The Federal policy promotes a • Tlowitsis First Nation Q&A pg 5 “Are the Tlowitsis in "good neighbour approach" that discussions with the Strathcona Regional District involves negotiating issues of (SRD) and the City of Campbell River regarding the mutual concern and interest provision of municipal services (e.g. water, sewage including agreements relating to and emergency services)?” service provision, by-law • Tlowitsis First Nation Q&A pg 6 “Who would provide compatibility and tax loss other community services (e.g. electricity, education, compensation. Could the Regional health care, garbage collection, etc.)” Staff please provide in a future • Regarding bylaw harmonization, please refer to report a full description of how these Tlowitsis First Nation Q&A pg 8 “Would you consider issues will be dealt with? harmonization of other area bylaws (like animal control, street lighting, noise, etc.)?” and INAC FAQ no 7 “Does the new Additions to Reserve/Reserve Creation Policy support bylaw harmonization with neighbouring municipalities?” • Regarding tax loss compensation, please refer to INAC FAQ number 8 “Does the new Additions to Reserve/Reserve Creation Policy include consideration for local government taxes?” i) How will application and • INAC FAQ no 7 “Does the new Additions to enforcement of bylaws on Addition Reserve/Reserve Creation Policy support bylaw to Reserve lands be handled? First harmonization with neighbouring municipalities?” Nations bylaws affecting • Tlowitsis First Nation Q&A pg 7 “Would you consider neighbouring local government harmonization of other area bylaws (like animal lands should be consistent with control, street lighting, noise, etc.)?” local government bylaws. Will they be? How will this work? How will the local community have recourse if, for example, there is a nuisance or annoyance being generated on the ATR which is caused by an activity that would be in contravention of Area D bylaws, if the land were still under Area D jurisdiction? j) What provisions have been made • Tlowitsis First Nation Q&A pg 5 “Are the Tlowitsis in for policing and emergency discussions with the Strathcona Regional District services, such as fire protection to (SRD) and the City of Campbell River regarding the this property? The current York area provision of municipal services (e.g. water, sewage falls under the Black Creek-Oyster and emergency services)?” Bay Fire Rescue service. Will there be funding towards this service to help pay for any provisions that 4 BCOB must make to this development? Will there be fire hydrants that are able to be charged and will there be a water source to assist in fighting fires to the ATR lands? k) What mechanisms are in place for • INAC FAQ no 4 “Does the new Additions to resolving disputes between local Reserve/Reserve Creation Policy provide for dispute governments and 1st Nations? A resolution?” dispute resolution mechanism IS REQUIRED to be negotiated to address implementation and enforcement conflicts. l) How are environmental issues, such • Tlowitsis First Nation Q&A pg 5 “Are the Tlowitsis in as might affect human health going discussions with the Strathcona Regional District to be addressed? The land in (SRD) and the City of Campbell River regarding the question does not have safe, provision of municipal services (e.g. water, sewage reliable ground water. Therefore, and emergency services)?” where and how will safe drinking • INAC FAQ number 6 “What are the roles and water be provided? How will fire and responsibilities for water and wastewater services on building code regulations be reserve” enforced? m) How will wildlife be protected on this • Tlowitsis First Nation Q&A pg 4: Will the Tlowitsis be land? Will hunting be allowed in this hunting on this land? residential area? • Tlowitsis First Nation Q&A pg 3: Have you completed an environmental assessment on the property? • INAC FAQ number 9, “What steps are taken to address environmental issues in an addition to reserve or reserve creation process?” n) How will other services such as • Tlowitsis First Nation Q&A pg 8 “Would you consider Animal Control, street lighting and harmonization of other area bylaws (like animal other services be provided? Will all control, street lighting, noise, etc.)?” lighting conform to Area Ds "dark • INAC FAQ no 7 “Does the new Additions to skies" policy? Reserve/Reserve Creation Policy support bylaw harmonization with neighbouring municipalities?” • Regarding street lighting and the ‘Dark Sky Policy’, Regional District Planning staff have also made the following comment: The Tlowitsis would be responsible for street lighting. The Regional District’s Dark Sky Policy currently is limited to regulating non- residential type uses and it is unknown whether the Tlowitsis would adopt such a policy. o) How will Transportation be provided • Tlowitsis First Nation Q&A pg 7, “Where would the between this land and adjacent road access for the Tlowitsis community be? What towns? There is currently no bus about public transit?” 5 services down York Road. Who will pay and how will this work? p) How many people will actually be • Tlowitsis First Nation Q&A page 2, “Do you expect all coming to this ATR? How many of your members to move to York Road in the future?” houses does the Government of • INAC FAQ number 5, “What are the Government of Canada plan to fund? Canada’s roles and responsibilities in the provision of infrastructure and housing related to additions to reserve and reserve creation?” q) What would be the estimated cost of • INAC FAQ number 5 “What are the Government of this proposal to the Government of Canada’s roles and responsibilities in the provision of Canada to provide the required infrastructure and housing related to additions to infrastructure and housing? This reserve and reserve creation?” question is relevant in so far as it is the entire population which pays income, property and other taxes to support this proposal and we would like some accountability on this issue? r) Are the Tslowitsis pursuing a Treaty • Tlowitsis First Nation Q&A page 2, “Why do the and will this ATR eventually become Tlowitsis want to convert the property to reserve Treaty land? status?” s) Since this land is located on the Regional District Planning staff have provided the following E & R Railway grant lands which comment: were set aside for the extension of • Much of the land under the E&N Railway Grant was to the Canadian Pacific Railway by the provide financing through logging and mining rights Crown as a pre-condition to British over 1.9 million acres of eastern . Columbia joining Confederation in The proposed rail line was proposed to pass one 1871, what is the status of this section (1mile) west of the York Road lands currently Agreement and why has the Federal under consideration by the Tlowitsis First Nation. As and Provincial Governments much of the lands are now under private ownership donated over $30 million to the and form part of the Inland Island Highway there are Island Corridor Foundation to "re- no plans to extend the line from Courtenay to establish passenger service Campbell River. Any negotiations with the Island between Campbell River and Corridor Foundation will affect the existing line south Victoria and why have the local between Courtenay and Victoria. governments also donated millions to this cause if this land is now to be given to the First Nations? What accountability is there for these funds and what access will the railway have in the future if this is First Nations territory?

6 t) Area D's "Official Community Plan" Regional District Planning staff have provided the following is in first draft. Can the OCP comment: process be re-opened to incorporate • The Area D OCP is still in draft form and has yet to be Area D residents' statements and finalized. desires in light of this ATR proposal? u) This list is provided by the Regional • Tlowitsis First Nation Q&A pg 8 “Communication with District Electoral Area Directors to the Community” their staff. It is a "preliminary list'' of concerns that need to be investigated and is, by no means, final. Once the public consultation process gets underway, there will, no doubt be further questions arising from the residents of Area D and there is much work to do. Can the Planning Department please give us an idea of the nature and comprehensiveness of the consultation process such that Area D residents interests are going to be protected negotiated and included in this process?

7 Tlowitsis First Nation ATR Qs and As Updated August 2017

Who we are

Q: Who are the Tlowitsis, and where are you from?

The Tlowitsis are a First Nation of 400 registered members. Our traditional territories span the coastal area of Northern Vancouver Island, Johnstone Strait and adjacent mainland inlets. From time immemorial until the 1960s, we occupied numerous sites throughout these lands. Seasonal travel routes, food processing locations, burial and cultural sites and other named places extend across the entire territory. Kalugwis, located on , was our primary winter residence.

The Tlowitsis were displaced from our traditional village of Kalagwees on Turnour Island in the 1960s, leading our people to be culturally and physically separated from our traditional territories. Since then, we have been a First Nation without a formal community to call home, with limited opportunities available to our people to take an active role in their community. We have been searching for lands to establish a new community since the 1980s.

The Tlowitsis currently have an office on the property of the Homalco First Nation in Campbell River.

Q: Why don’t the Tlowitsis live in your traditional territory?

We have a defined traditional territory north of Johnstone Strait, with 11 reserves scattered throughout the region. However, none of our current reserves are large enough to support a new community, nor access to basic services. Our reserves are located over 350 km from the nearest service centre to which we have year-round road access. There are no amenities, schools, doctors or medical services or employment opportunities on or near these reserves. There is no electricity or potable water available on a majority of our reserves.

What’s more, the cost of development on one of our current reserves would be prohibitive, as they are only accessible by water or air with the exception of one, which is on a flood plain.

Q: Why do you want to live on York Road? Why do you want to live at this specific property?

First and foremost, it’s a beautiful property that’s suitable for residential development and recreational opportunities for our people. There’s enough land to accommodate -2- future community growth, while ensuring most of the property remains in its natural state for the benefit of our community and the local environment.

The property also offers our members convenient access to Campbell River, where many of our members currently live and work. There is a bus stop nearby for those members, including elders, who don’t have a vehicle, and is close to shopping and schools.

Q: Why do the Tlowitsis want to convert the property to reserve status?

The intent is that the reserve lands would become Tlowitsis’ treaty settlement lands, subject to the successful negotiation of a Final Agreement in the tripartite (Canada, BC and Tlowitsis) BC Treaty Process.

Q: Why is it important for the Tlowitsis to build a new home for your people?

Our people feel an emptiness that comes from not having a place to call home. Families have been separated from each other for over 50 years. For us, this land represents hope and a place to call home. In fact, as part of the community visioning process, our Elders gave the lands a name: Nenakwas (“A place to come home to”).

The acquisition and development of this land is a fundamental priority in re-establishing a viable, healthy Tlowitsis community that will provide opportunities, security and belonging for our members – a cohesive community that we have been without for far too long. The wish of the Tlowitsis people is simple: to live in harmony with our environment and our neighbours.

Q: Do you expect all of your members to move to York Road in the future?

No. The majority of our members live in Campbell River, Victoria and Metro Vancouver, and we also have a number of members living in other communities across Canada. We do not expect our entire membership to move home. We estimate that between 100 and 150 of our members will choose to live here over the next 10 to 20 years.

Land Purchase and Additions to Reserve (ATR)

Q: When did you make an offer to purchase this land?

The York Road parcels are fee simple lands that are being purchased through a land transaction between a willing seller, TimberWest, and willing buyer, the Tlowitsis First Nation. We have a long working relationship with TimberWest, and in 2011, we began discussing the potential purchase of the York Road lands. The negotiations were covered by a non-disclosure agreement that prevented both parties from discussing the proposed purchase publicly until the Purchase Agreement was signed on July 4, 2015. -3-

Q: How is the land being paid for?

The Tlowitsis First Nation has its own revenue through our fishery and forestry businesses, and that revenue is being used to purchase this property. There is no government cash contribution to the purchase price.

Q: You are currently in treaty negotiations with the BC and federal governments. Will this reserve become part of your treaty settlement?

The intent is that the reserve lands would become treaty settlement lands, subject to the successful negotiation of a Final Agreement in the tripartite (Canada, BC and Tlowitsis) BC Treaty Process. These lands will be unique and we will have ownership and rights to the land, but we do not claim inherent title to the land.

Q: When will the Tlowitsis know if the ATR is approved?

This is a question for Indigenous and Northern Affairs Canada. We understand that a decision on Tlowitsis’ ATR proposal will be made after all the requirements stipulated in the federal policy have been met. Tlowitsis hopes for approval of its ATR proposal before the end of 2017.

Q: Does the Strathcona Regional District have the authority to approve or reject the ATR?

No, the regional district does not have a veto in the decision to approve or reject this ATR. However, input from local governments is one of the many factors taken into consideration for the approval.

Environment and Recreation

Q: Have you completed an environmental assessment on the property?

Yes. A Phase I Environmental Site Assessment (ESA) Report was completed in February 2013 by SLR Consulting and reviewed by INAC environmental officials. Based on the results of the Phase I ESA, no areas of potential environmental concern were identified for the site. No further environmental investigation was recommended in 2013.

Since then, INAC has decided to conduct an additional environmental review to validate the Phase I ESA findings and to ensure that no significant environmental change has occurred on the site. ESAs are stale-dated after five years; therefore, INAC is conducting an additional review to confirm that no significant change has occurred on the site. This additional site visit and environmental condition update is expected to be completed early summer 2017. -4-

Q: Will the Tlowitsis be hunting on this land?

No. While this area is classified as rural, it is within a residential zone, and discharging of firearms in this area is prohibited. Public safety is very important to us.

Hunting would not be done in the area. We have our traditional territory, which provides all the wildlife for our member hunters to use.

Q: People have been using this land for recreational pursuits like hiking and biking. Would the Tlowitsis allow people to continue to use the land for this purpose?

The land is private property, and any decisions about future land use would need to be made by our members.

Development planning

Q: What are the Tlowitsis’ development plans for the property?

The Tlowitsis people want to live in a healthy environment, in a place that’s close to work and schools for our children, and to dream as other people do. Our hope is for a sustainable community that provides housing, an administrative office, a day school, a Council hall, and a recreational and sports area.

The York Road property consists of approximately 630 acres, which is roughly the total area of downtown Campbell River. Our concept is to develop 20 to 30 acres (three to five per cent of the total acreage) to establish a housing community of 75 homes over the next 30 years. Our long-term vision for development of the property three to five of the total landmass of the proposed Reserve. Most residents living in the surrounding area would not be able to see the development from York Road.

Any community plans would be developed with the support of INAC, once the lands have become reserve. INAC provides funding to First Nation communities for the development of a land use plan, for which the Tlowitsis would be eligible.

Q: How did the Tlowitsis come up with this vision and concept for the property?

Our First Nation’s membership has been actively participating in this process. They have participated in the visioning and planning, and have communicated to our Council what they want to see for their future and the future for their children: a clean, green and sustainable community.

-5-

To develop this vision of our community, we held a series of two-day workshops between August 2012 and July 2014. Approximately 10 workshops were held; all focused on the York Road proposal and related community capacity building.

Our members have told us they would like to have community gardens for vegetables and fruit trees, and a place where they can learn their culture, history and language from their own people, and in particular, from the few Elders we have left. The Tlowitsis people want to live in a healthy environment, to live close to work and schools for their children, and to dream as other people do.

Q: Have the Tlowitsis completed a formal development plan for the property?

No. In May 2015, we developed a schematic (or concept) plan based on our community visioning process. Some of the concept illustrations created from that process are available to view on our website. However, formal planning and design for the community has not yet begun.

The first step in the process is to complete our application for the ATR. If the ATR proposal is approved, we would begin a formal planning process and finalize specific infrastructure plans for the property. It is important to note that most of our infrastructure projects would have to be reviewed by INAC, including engineering plans for capital projects, water, sewer, surface water control, etc.

Q: Who would pay for construction of homes and infrastructure on the property?

Funding and financing would come from a number of sources, including our own revenue. We would apply for housing subsidies for some of our members, while other members would seek their own financing for home construction. We may also apply for community housing programs for our elderly members.

The Tlowitsis would also apply for infrastructure as well as operation and maintenance funding through INAC.

Q: Are the Tlowitsis in discussions with the Strathcona Regional District (SRD) and the City of Campbell River regarding the provision of municipal services (e.g. water, sewage and emergency services)?

We are currently exploring options with both the SRD and the City, and discussions are ongoing. However, we can share some details on the options under consideration.

Water

The Strathcona Regional District, the City of Campbell River, and the Tlowitsis are working together on water servicing issues for the proposed reserve. The Tlowitsis -6- conducted feasibility studies for water systems, which concluded that a direct water connection from the City of Campbell River’s main pipeline would be the most sustainable approach.

In a letter addressed to Tlowitsis dated January 23, 2017, the City of Campbell River confirmed its willingness in principle to provide bulk potable water to the new Tlowitsis community, subject to the Strathcona Regional District’s consent. The plan is to conclude a Municipal Type Service Agreement (MTSA) between Tlowitsis and the City of Campbell River.

There is a possibility of extending Tlowitsis’ water system to Electoral Area D residents to provide Electoral Area D households with a consistent gravity‐fed water supply, should this option be attractive for all parties.

Tlowitsis would be eligible for Indigenous and Northern Affairs Canada infrastructure funding for the implementation of its water system once the lands become reserve.

Sewage

Tlowitsis’ intention is to construct and operate a self-contained sewage system wherein a mechanical water treatment system would remove biomass and water would be returned to the aquifer. The Tlowitsis is waiting for the final engineering report.

An MTSA would have to be negotiated with the City of Campbell River to safely and properly discard the biomass using the City’s treatment plant facilities.

Public safety, law enforcement and fire protection

With respect to public safety, law enforcement and fire, the Tlowitsis would have another MTSA for public safety with Campbell River, for the RCMP to provide us with policing services and law enforcement. Fire protection would need to be negotiated with the Oyster River Volunteer Fire Department.

Q: When would you begin construction?

We have not set a date yet, and could only commence following approval of the ATR. We will update our website with additional information when it becomes available.

Q: Who would provide other community services (e.g. electricity, education, health care, garbage collection, etc.)?

Electricity would be provided by BC Hydro. Telephone, cable and internet to be provided by private service providers, as would garbage collection. We expect these services to be provided off site at existing facilities. -7-

Q: Would you consider harmonization of other area bylaws (like animal control, street lighting, noise, etc.)?

We would be pleased to discuss these issues with the SRD, once our formal land use planning takes place.

Q: Where would the road access for the Tlowitsis community be? What about public transit?

Road access would be directly from York Road. Our initial schematic plan showed other options as well; however, these other options would create too much traffic in the residential streets.

It is our intention to negotiate with Campbell River Regional Transit to extend their bus route once the community has the ridership. In the interim, the Tlowitsis would have to provide van services, and we may need to work with the SRD and the provincial Ministry of Transportation to enhance the York Road and old Island Highway interchange.

Q: How many houses do you plan to build on the property? When would they be built?

We are estimating that we would build between 75 and 100 homes on the property in the coming years. However, construction of this many homes is expected to take anywhere from 10 to 30 years, depending on the housing needs of our members.

Q: What kind of economic development and job creation plans do you have?

While we have no firm plans at this early stage, economic opportunities pursued along York Road could include cottage industries, artisans or small shops. We plan to manage some of the timber on the property, as well.

Q: Do you have plans for a light industrial park or a mobile home park on the property? What about commercial or industrial development – what are your plans?

Some concerns have been raised about the possibility of a light industrial park at the York Road site. A light industrial park and the possibility of an RV park (not a mobile home park) were raised as concept ideas during our Nation’s visioning process. However, there are no plans to pursue either of these economic development ideas at this time. The land would be managed for community development in the near future.

-8-

Communication with the community

Q: What have the Tlowitsis, the SRD, and the City of Campbell River accomplished so far, in terms of consultation?

Since 2014, the Tlowitsis, with the support from INAC, SRD, and the City of Campbell River have been meeting on an ongoing basis to discuss the potential purchase of land in Electoral Area D.

Engagement efforts Tlowitsis has made include a presentation to City Council on November 27, 2015, numerous meetings with the Regional Director for Electoral Area D and other district representatives, and a facilitated Community to Community forum held on January 13, 2017 to discuss the reserve creation process, involving INAC and the members of the SRD Board.

On April 21, 2017 an ad hoc sub-committee was struck by the SRD and the City of Campbell River, together with Tlowitsis and technical support from INAC officials, to develop an engagement approach, including a communications plan and Q and A to be posted on the SRD’s website, with an additional pamphlet mail-out to all Electoral Area D households.

Q: Will the Tlowitsis be sharing information about your development plans with York Road and other Area D residents?

The Tlowitsis and the SRD, along with INAC, have agreed to work together on a collaborative communications plan for keeping local residents and Tlowitsis members informed as plans progress. We look forward to working with the SRD on communications on an ongoing basis.

Frequently Asked Questions

Additions to Reserve/Reserve Creation Policy

In July 2016, Indigenous and Northern Affairs Canada released a new policy on additions to reserve/reserve creation that streamlines processes, clarifies roles and responsibilities and promotes better collaboration between parties.

The new policy is part of the Government of Canada’s overall efforts to help advance reconciliation with First Nations, improve treaty relationships and create new economic opportunities for First Nation communities.

Further information about the policy can be found at: http://www.aadnc- aandc.gc.ca/eng/1465827292799/1465827347934#mm.

1. What is an Addition to Reserve/Reserve Creation?

Through the additions to reserve/reserve creation process, a parcel of land can be added to an existing First Nation reserve or a new reserve can be created. New reserve land can be, but does not have to be, adjacent to the existing reserve, and it can be situated in a rural or urban location.

Expanding reserves helps First Nations foster community and economic development by improving access to land and resources. This supports the creation of jobs for Indigenous and non-Indigenous people and contributes to the revitalization of neighbouring municipalities.

2. What is the process for consultation with local governments regarding Additions to Reserve/Reserve Creation?

When an addition to reserve or reserve creation is proposed, the views and interests of local governments must be considered. The new policy encourages collaboration between First Nations and those governments on matters of mutual interest.

First Nations are encouraged to discuss reserve expansion proposals with local governments early in the process. Topics that may be addressed can include provision of services, bylaw and zoning compatibility, tax loss and land use planning. As part of this consultation process, the First Nation and local governments may choose to develop and establish agreements to address these matters and foster collaboration and partnership.

Overall, the Government of Canada promotes a "good neighbour" approach when First Nations and local governments are seeking to resolve issues relating

to additions to reserve and reserve creation. The parties are encouraged to conduct discussions in good faith within reasonable timeframes.

3. Who is responsible for keeping local governments and residents informed?

The First Nation seeking reserve expansion or creation is responsible for leading discussions and negotiations with local governments. During these discussions, municipal and regional governments represent local interests and concerns from area residents. Interested parties should contact their local governments to identify specific concerns and request information updates on the status of any First Nation-local government engagement and negotiations.

Although the Government of Canada may have a role in providing technical information and support during the consultation process with local governments, Canada is not a party to any concluded First Nation-local government agreements and/or protocols that may result from these discussions.

4. Does the new Additions to Reserve/Reserve Creation Policy provide for dispute resolution?

The Government of Canada advocates for a “good neighbour” approach where First Nations and local governments work together to resolve issues relating to additions to reserve or reserve creation.

Although the new additions to reserve/reserve creation policy does not provide for dispute resolution services, impose agreements or arbitrate decisions among parties, the Government of Canada through Indigenous and Northern Affairs Canada may facilitate discussions to support collaboration between all parties. The policy encourages the use of non-binding dispute resolution processes, such as conciliation, facilitation and mediation.

5. What are the Government of Canada’s roles and responsibilities in the provision of infrastructure and housing related to additions to reserve and reserve creation?

The Government of Canada may provide funding to cover some of the costs of on-reserve housing and infrastructure projects once the addition to reserve process is completed. Funding may be allocated for building and renovating houses, as well as other costs such as maintenance, insurance, debt servicing, and the planning and management of a housing portfolio.

First Nation communities and their residents are also expected to secure funding from other sources for housing needs such as the Canada Mortgage and Housing Corporation and private-sector loans.

Financial support from the Government of Canada’s Indigenous and Northern Affairs department for housing projects on reserve is subject to defined criteria, processes, priorities, requirements, and availability of funding.

6. What are the roles and responsibilities for water and wastewater services on reserve?

In British Columbia, First Nations own, manage and operate water and wastewater systems, and design and construct facilities in accordance with established standards.

The Government of Canada provides funding and advice on the design, construction, operation and maintenance of water and wastewater facilities and assists First Nations to identify infrastructure needs and submit project proposals. The department also provides funding to train First Nations staff such as water treatment plant operators, and sets standards through protocols. The First Nations Health Authority has the mandate to monitor water quality on reserve and to issue and revoke drinking water advisories, as appropriate.

Financial support from the Government of Canada for projects on reserve is subject to established criteria, processes, priorities, requirements, and availability of funding.

The new additions to reserve/reserve creation policy encourages First Nations and local governments to work together to ensure that safe, reliable and cost effective services are provided. Where a First Nation is unable to service the proposed lands for an addition to reserve or reserve creation, the First Nation may negotiate a Municipal Service Agreement (MSA) to purchase services from a neighboring municipality or regional district. Services provided under an MSA may include, but are not limited to, water and wastewater services.

7. Does the new Additions to Reserve/Reserve Creation Policy support bylaw harmonization with neighboring municipalities?

Yes. The policy includes a process that supports neighbouring governments to coordinate land use and development. Bylaws and land use plans on a First Nation and neighbouring local jurisdictions do not need to be the same. However, striving for compatibility will help the parties to achieve results that are acceptable to all.

8. Does the new Additions to Reserve/Reserve Creation Policy include consideration for local government taxes? Yes. Unless already provided for in an agreement between the First Nation and the local government, and where a net tax loss adjustment can be demonstrated by the local government, a one-time payment from the First Nation may be negotiated between the two parties to offset the difference in tax revenue.

The Government of Canada does not play a role in the negotiation of agreements for net tax loss adjustment payment.

9. What steps are taken to address environmental issues in an addition to reserve or reserve creation process?

The new additions to reserve/reserve creation policy requires that the environmental condition of proposed lands for additions to reserve and reserve creation be acceptable for the intended use. In addition, the intended use of the reserve land must comply with applicable federal requirements.

Environmental Site Assessments (ESAs) must be conducted as part of the reserve creation process and in accordance with the Government of Canada’s requirements. ESAs include the analysis of past and present uses of the lands, as well as of on-site activities that may impact the environment or the health and safety of the residents. APPENDIX D From: Delton Henrich To: Email - [email protected] Subject: Area D Water for Indian Reservation. Date: August-23-17 7:01:04 AM

Currently we are on water restriction in Area D and in your mail out you indicate that you would connect the new reserve to the Campbell River water system. I am confused that we now have ample water to supply another 75 to 100 homes with water. You also indicate that these people have been displaced from their traditional territory which is on Turner island. Turner Island is a short boat ride from Kelsey bay and there is nothing on Turner Island, I would like to know who displaced them and why. Delton Henrich Area D resident. 250-923- 2108 From: Andy S To: Victoria Smith Subject: Tlowitsis addition Date: August-30-17 2:17:58 PM

Dear SRD

It appears that little consideration has been given to road access for the Tlowitsis development proposals.

The intersection of York Road and Highway 19A are hazardous to say the least.

I am not certain about traffic counts on Highway 19A, but I would assume it is over 10,000 cars per day.

The proposed traffic from the Tlowitsis property would amount to at least one (family trip) per day x 100 homes plus whatever other traffic RV park traffic (100 to 200 units?) plus other development traffic. This means there could be at least 200 to 400 cars per day using York Road at its intersection with Highway 19A, PLUS existing local use.

The intersection of York Road and Highway 19A is poorly located due to elevation where York Road meets the highway.

When on York Road, there is no clear and sustained view to the south, and approaching traffic from the north is often speed accelerated due to the hill and the rise in elevation.

The use of this access would require an extensive re-development of road elevations and the installation of traffic lights to make this a safe intersection. As well, the speed limit for the highway would need to be reduced to at least 60KMH or less to be effective. Although a speed reduction would be beneficial to the area, having a traffic light controlled intersection on a steep hill is unrealistic.

This leaves us with the option of blocking York Road and using Craig Road and either Lynnwood and/or Henry Roads for access to Highway 19A. Either of these options would also require major re-development at their respective intersections considering the estimated traffic volumes. As well, I do not believe the extra traffic would be welcomed in these subdivisions.

It is clear that a considerable amount of work and investment needs to be done in preparation for these proposals.

As well, water supply and waste management have not clearly been addressed. It would be extremely beneficial if the entire York Road and Highway 19A frontage, to Jubilee Parkway were connected to sewer services. Andy Schwanicke

4078 South Island Hwy., Campbell River, BC V9H 1B5

250-923-5815 From: Janice To: Victoria Smith Subject: Electoral D - Tlowitsis addition to Reserve - York Road - 630 acres - Questions Date: September-09-17 9:34:50 AM Importance: High

ATTN: Dave Leitch

Normally when a huge land purchase is done for development purposes the buyer/developer MUST give something back to the community at large. -Usually it is in the form of public community parks and infrastructure. -ALSO new development normally ALSO means additional property tax revenue to the greater community.

Let there be no doubt – this would be a new huge residential development – which may or may not adhere to common Regional District bylaws!

As proposed - this 630 acre addition to the reserve will not be a public road system. It would be closed to the general public unlike the rest of Campbell River where everyone - including all First Nations people - is free to walk and drive.

As it is now proposed - It will not have any public community parks and it will be a drain on the rest of the community infrastructure, roads and transit systems.

The following serious questions need to be answered by your department before the Regional District goes any further with this proposal.

1) What will the Tlowitsis be giving back to the rest of the community if this land purchase & reserve status goes through?

2) What infrastructure improvements will the rest of Electoral Area D be receiving from the Tlowitsis ?

3) Will Area D be increasing its tax base if this land is designated reserve land?

4) If not, then what sort of compensation will we receive for this loss of future potential property tax revenues?

5) Will the Tlowitsis designate a 50 acre portion of the land for the greater enjoyment of the rest of the Regional District as a regional park? (This would happen if it was a normal non-native development)

6) Will there be a buffer zone around the new development for environmental protection, etc within the 630 acres?

Respectfully, Janice Hayward 106 Surfside Drive, Campbell River BC V9H 1H7 250 701 9391

To the attention of: The Chief Administrative Officer, Strathcona Regional District cc. Brenda Leigh: Director, SRD Electoral Area D

Regarding: Property Owner Questions and Feedback following receipt of the August 21st, 2017, Tlowitsis ATR Information Package.

I would like to preface this feedback submission by acknowledging that the recent information package that was sent to area D residents makes it clear that the Tlowitsis First Nation has a strong desire to pursue their own path forward on a newly established reserve, and that they also wish to live in harmony with their neighbours.

The fact that the reserve would have a different governance model and regulatory framework in relation to the surrounding residential properties is the major source of concern to the residents whose properties are contiguous with the boundaries of the proposed reserve lands.

We are property owners whose property, as well as the properties of our 3 neighbours, will end up being a "blip" the in the middle of the proposed reserve lands. (Using the inset map in the information package that was recently delivered, the location of these four properties has been highlighted and shown below)

I is

gr!! As rural property owners who rely on shallow wells and septic systems, we are very concerned about the Tlowitsis First Nation's land use plans. The location of our properties is such that it will be many decades, if ever, before city water will be available to us. This makes us particularly vulnerable to any land use plans that may affect local hydrology, or are potential sources of soil and/or ground water contamination.

The Tlowitsis ATR proposal mentions the possibility of industrial and/or commercial enterprises on their lands once the ATR is approved. The Tlowitsis leadership are to be commended for trying to provide economic opportunities for their members, but if these proposed land uses are not congruent with the zoning restrictions in place for the existing residential properties, then that is a cause of great concern to those of us who will be neighbours to the reserve lands.

We have specific questions which still remain outstanding after reading the information package regarding the ATR proposal. These questions are based on our current understanding that there will be a very different governance model and land use regulations on the reserve lands, compared to the SRD Area D zoning and development regulations under which the existing residential properties must operate. Having adjoining properties operating under totally different regulations is a situation that opens itself up for potential conflict.

The following questions address some of the issues of concern regarding the ATR proposal:

1. Are there plans to leave significantly sized green belts of forested areas close to the existing residential property boundaries? 2. Is there any agreement/commitment between the Tlowitsis First Nation and the Strathcona Regional District to work together on bylaw harmonization—especially the bylaws for the reserve lands that adjoin existing residential properties? 3. Will there be any opportunity for consultation between the Tlowitsis First Nation and the existing property owners prior to development of commercial and/or industrial enterprises on the reserve lands that are close to residential properties? 4. Will there be a meaningful dispute resolution model in place for the affected landowners if there is indeed a conflict in terms of land use plans for the reserve lands that are adjoining existing properties? 5. If the ATR proposal is approved, leading to a significant population increase in this relatively unserviced rural area, will there be sufficient investment in water, sewage treatment and road infrastructure, (including safe access to Highway 19A), to meet the needs of the expanding York Road/Henry Road community? 6. City water delivery to existing southern areas—(i.e. Jubilee Parkway subdivisions, Stories Beach, Vaughn Rd. and eastern York Rd.), is already problematic in terms of adequate water pressure. How costly will it be to add more capacity to the system in order for it to supply water to the reserve, which will be close to the southernmost limit of current water delivery? 7. Are there any plans to hold a true public meeting, including the Tlowitsis First Nation leaders, Area D residents, SRD directors, and INAC officials regarding this proposal? So far, the only meetings involving the ATR proposal have been closed to the public, and the minutes of these meetings have been kept in camera. 8. The Federal ATR document itself lists public consultation with affected residents as one of the key requirements that must be met by the ATR proponents. Do meetings that are closed to the public meet the ATR criterium of public consultation? These questions address just some of our concerns regarding the establishment of a new reserve in this area. It is our sincere hope that there will be a public meeting where these issues can be discussed in an open forum. With civility and good will on both sides, surely we can achieve some clarity and obtain some answers to the questions that this ATR proposal has raised in the York Road community.

Janice Langley Manfred Hensel

3360 York Rd. Campbell River, B.C.

(250) 923-5462 [email protected] SEP 2 9 7017

September 28, 2017 StrRthrona RNiionP1 District To the Chief Administrative Officer of Strathcona Regional District and SRD Board

RE: Tlowitsis Addition to Reserve

1. Public Consultation

The ATR process encourages the involvement and engagement of the general public in the planning and development of an ATR proposal.

To date, we have not had any community meetings in this regard. When, in this process, do the First Nations, INAC, and local government plan to conduct such a venue?

Normally, public meetings are held for major changes to the local community, such as school closures, sanitary sewer extensions, amalgamations with adjoining districts, etc.

Surely, we as citizens deserve this opportunity to openly deliberate such an immense potential change to our local Area D community.

2. Land Use Planning

Local government land use bylaws, zoning and related enforcement would no longer be applicable once the land is added to Reserve status. As a result, there could be the potential for incompatible land uses and land use conflicts.

As "formal planning and design for the community has not yet begun," and "we have no firm plans at this early stage for economic development and job creation for members," it is problematic for existing residential neighbouring property holders to accept by faith that somehow their use and enjoyment of their lands will not be negatively impacted by future commercial, industrial, or other developments.

While INAC may have some administration of these developments while the land is held as Reserve status, once a treaty settlement is attained, then even this oversight will be removed.

Therefore, we request the following commitments from the Tlowitsis First Nation:

• Provide an opportunity for consultation with surrounding property owners prior to development of commercial or industrial developments on reserve lands that are nearby residential properties. • Leave large forested areas adjacent to existing residential properties as a buffer. • Have in place a meaningful dispute resolution mechanism for landowners of existing residential properties. 3. Road Access

As the estimate of 75 to 100 new homes in the coming years will effectively double the existing York Rd. community, a commitment from the provincial government will be required to upgrade the existing road.

Highway 19A and York Rd. intersection includes a steep downhill grade on York Rd. and poor visibility due to the highway cresting just south of the intersection. The first 1.5 kilometers of York Rd. west of Highway 19A has the following features; Hagel Park that borders on a sharp curve in road, open deep ditches and inadequate shoulders that are hardly suitable for pedestrian traffic. When winter conditions are icy or snow-covered roads, many of us opt to drive on Craig/Henry Rd. to avoid the more dangerous conditions on York Rd.

The predicament is, we know little what is/will be planned and what impacts it will have on our community going forward.

The Tlowitsis First Nation have stated they will embark on a formal planning process, finalize infrastructure plans and consider by-law harmonization after the ATR is approved. At that stage in the process, the local Area D community and SRD will have very little to no input into the shape and final outcomes that will impact this area and our lives into the future.

We look forward to further public consultations where clarity can be obtained and answers provided to the many questions and concerns we all have.

Sincerely,

Steve and Loretta Hargrave,

3390 York Rd.,

Campbell River, B.C.

250-923-8120 APPENDIX E

APPENDIX F

OFFICE OF THE CHAIR

File: 0400-70/Tlowitsis

November 8, 2017

Mr. Thomas Smith Councillor Tlowitsis Nation 1345 Bute Crescent Campbell River, BC V9H 1G6

Dear Mr. Smith,

RE: TLOWITSIS NATION RESERVE PROPOSAL

At its November 8, 2017 meeting, the Strathcona Regional District Board of Directors considered the request from the Tlowitsis Nation dated October 23, 2017 for a letter in support of its proposal to establish a reserve through the federal Additions to Reserve process.

The Strathcona Regional District Board of Directors have resolved to offer their support to your application in principal, with acknowledgement of your continued commitment to engaging with the residents of Electoral Area D, particularly in relation to matters of interest to them including:  water and sewer provision/servicing;  traffic management and road safety;  site planning;  bylaw harmonization;  shared community benefit (i.e. park dedication, tax loss compensation, infrastructure partnerships, etc.), and;  opportunities for continued engagement, including dispute mechanisms.

The Regional District would like to thank you for your participation in discussions to date and your continued commitment to respectful dialogue. We are committed to building a positive relationship with Tlowitsis and developing a better understanding of your future plans. We look forward to further discussions on these issues should the reserve proposal proceed.

Sincerely,

Chair

#301 – 990 Cedar Street, Campbell River, BC V9W 7Z8 Tel: 250-830-6700 Fax: 250-830-6710 Toll free: 1-877-830-2990 www.strathconard.ca