Regular Council Meeting

DISTRICT OF TOFINO REGULAR COUNCIL MEETING

Via Zoom (www.tofino.ca/meetings) 2021-May-25 at 4:30 PM

AGENDA Council Code of Conduct | Council Strategic Plan Page

1. CALL MEETING TO ORDER 1.1 Acknowledgement that the District of Tofino operates within the territory of the Tla-o-qui-aht First Nation.

1.2 Notice to attendees that the meeting is being video recorded and will be published on the District of Tofino's YouTube channel.

2. ADOPTION OF AGENDA 2.1 Recommendation: THAT the May 25, 2021 regular Council agenda be adopted.

3. ADOPTION OF MINUTES 5 - 10 3.1 Minutes of the Regular Council Meeting held May 11, 2021

Recommendation: THAT the minutes of the regular Council meeting held May 11, 2021 be adopted. 2021-05-11 Regular Council - Minutes

4. PUBLIC COMMENT ON AGENDA ITEMS Use the Q&A function in Zoom to sign up; staff will allow presenters to unmute (no video) for a maximum of 2 minutes.

5. MAYOR'S REPORT

6. DELEGATIONS 11 - 12 6.1 Delegation from Cathy Peters, Educator, Be Amazing Campaign regarding Human Sex Trafficking, Sexual Exploitation and Child Sex Trafficking in BC and How to Stop It 2021-05-25 Delegation Request - C. Peters

13 - 14 6.2 Delegation from Bob Brash, Executive Director, The Truck Loggers Association regarding The Value of Forestry to Tofino Citizens 2021-05-25 Delegation Request - The Truck Loggers Association

7. CORRESPONDENCE 15 7.1 Mara and Robert Love regarding Electric Bikes 2021-05-06 M. Love re. Electric Bikes

16 - 17 7.2 District of Mackenzie regarding a Letter of Support for the 9-8-8 Crisis Line 2021-05-10 District of Mackenzie Letter of Support for 9-8-8 Crisis Line

18 - 19 7.3 Ministry of Municipal Affairs regarding the Climate Action Revenue Incentive Program (CARIP) 2021-05-11 Ministry of Municipal Affairs re. CARIP

May 25, 2021 Regular Council Agenda Page 1 of 113 20 - 23 7.4 James Rodgers, Executive Director, CARE Network regarding a Comprehensive Animal Related Services Budget Proposal 2021-05-11 J. Rodgers, CARE Network re. Budget Proposal

24 - 28 7.5 Ministry of Municipal Affairs regarding May Regional Calls - Follow Up 2021-05-14 Ministry of Municipal Affairs re. May Regional Calls - Follow Up

8. PRESENTATIONS AND REPORTS 29 - 30 8.1 Change of Signing Authority (Report from Financial Services)

Recommendation: THAT staff be authorized to add Mayor Dan Law and Nikki Best, Manager of Corporate Services, as signing authorities for the District of Tofino.

2021-05-25 RTC Change of Signing Authority

31 - 38 8.2 Zoning Bylaw Amendment: Shipping Containers (Report from Community Sustainability)

Recommendation: THAT “District of Tofino Zoning Amendment Bylaw No. 1287, 2020” attached as Appendix 1 to the report titled “Zoning Bylaw Amendment: Shipping Containers” dated May 25th, 2021, be amended at second reading by: • Adding the following to Part 4.1.10: a. vi. Shipping containers shall not be stacked. c. Shipping containers must be enclosed by landscape screening. d. Shipping containers shall include ventilation as follows: i. One vent within 150 mm of the floor in the container door; ii. One vent within 150 mm of the top of the container on the opposite end from the door for cross ventilation; iii. Minimum size of vent is 300 mm x 300 mm for shipping containers 6 m or less in length; iv. Minimum size of vent is 500 mm x 500 mm for shipping containers greater than 6 m in length; and, v. Top vent must include a device (i.e. roof turbine) to generate a venturi effect during low wind speeds (must not be directed towards a structure);

AND THAT “District of Tofino Zoning Amendment Bylaw No. 1287, 2020” attached as Appendix 1 to the report titled “Zoning Bylaw Amendment: Shipping Containers” dated May 25th, 2021, be read a second time as amended;

AND THAT staff be authorized to waive the Public Hearing for “District of Tofino Zoning Amendment Bylaw No. 1287, 2020” and publish notices advising the public of the waiver.

2021-05-25 ZA RTC Shipping Containers 2021-05-25 ZA RTC Shipping Containers Appendix 1

39 - 51 8.3 Development Variance Permit - Tranfield - 603 Pfeiffer Crescent (Report from Community Sustainability)

Recommendation: THAT Council APPROVE Development Variance Permit No. 06-21 to vary District of Tofino Zoning Bylaw No. 770, 1997 for LOT 10 DISTRICT LOT 115 CLAYOQUOT DISTRICT PLAN VIP59031 as follows:

a. Vary Part 8.6 of the District of Tofino Zoning Bylaw No. 770, 1997 to increase the maximum permitted storeys for a principal dwelling in a R1 zone from two to three as shown on the proposed design attached as Exhibit “A” to DVP 06-21.

2021-05-25 - RTC-VP-Tranfield-603 Pfeiffer Crescent 2021-05-25 - RTC-VP-Tranfield-603 Pfeiffer Crescent - Appendix 1 2021-05-25 - RTC-VP-Tranfield-603 Pfeiffer Crescent - Appendix 2 2021-05-25 - RTC-VP-Tranfield-603 Pfeiffer Crescent - Appendix 3

May 25, 2021 Regular Council Agenda Page 2 of 113 52 - 104 8.4 Meeting Procedures Amendments (Report from Corporate Services)

Recommendation: THAT “District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021” attached as Appendix 2 to the report titled “Meeting Procedure Amendments” dated May 25, 2021, be introduced and read a first, second and third time;

AND THAT staff be authorized to provide notice to the public in accordance with sections 94 and 124(3) of the Community Charter. 2021-05-25 RTC - Meeting Procedure Amendments 2021-05-25 RTC - Meeting Procedure Amendments - Appendix 1 2021-05-25 RTC - Meeting Procedure Amendments - Appendix 2

105 - 107 8.5 Events, Arts, Culture and Heritage (EACH) Committee

Recommendation: THAT the minutes of the Events, Arts, Culture and Heritage Committee meeting held May 13, 2021 be received.

Recommendation: THAT the Event, Arts, Culture and Heritage Advisory Committee recommend the following recipients for the 2021 Arts, Culture and Heritage Grant program, be awarded as follows: Clayoquot Action - $2500.00 Friends of Clayoquot Sound - $2500.00 Tofino Arts Council - $2500.00 Tofino Jazz Festival - $2500.00 Tofino Market - $2000.00 West Coast Winter Music Society - $2500.00 Wickaninnish Community School - $532.00

Recommendation: THAT the Event, Arts, Culture and Heritage Advisory Committee recommend the following recipients for the 2021 Event Support Grant program, be awarded as follows: Friends of Clayoquot Sounds - $2500.00 Tofino Arts Council - $2500.00 Tofino Community Food Initiative - $2500.00 Tofino Jazz Festival - $2500.00 Tofino Market - $2500.00 A Chef for the Future - $0.00

Recommendation: THAT a second call be put out for the Arts, Culture and Heritage grant program in 2021.

Recommendation: THAT the remaining unallocated funds in the 2021 Event Support grant program be deferred and used in the Event Support grant program for 2022.

2021-05-13 EACH Committee - Minutes

9. BYLAWS

10. BUSINESS INITIATED BY COUNCIL MEMBERS 10.1 Committee and External Appointment Verbal Reports from Council Members (Standing Item)

May 25, 2021 Regular Council Agenda Page 3 of 113 108 - 113 10.2 Notice of Motion from Councillor Thicke regarding Council Remuneration Bylaw

Recommendation: THAT Council amend District of Tofino Council Remuneration Bylaw No. 1254, 2018, by replacing sec. 3.9, which states:

"A reimbursement of up to $750 will be given to each Council Member for the purchase of a computer within the first two years of any four-year term, upon proof of purchase. After the first two years of any four year term, the reimbursement shall be provided on a prorated basis. Information technology services and maintenance of the computer will be at the Council Member’s expense."

with

"A reimbursement of up to $750 will be given to each Council Member for the purchase of a computer, at the beginning of their term on Council. Information technology services and maintenance of the computer will be at the Council Member’s expense."

2021-05-11- NOM - Council Remuneration Bylaw Amendment (Computer Reimbursement) 2021-05-11- NOM - Council Remuneration Bylaw Amendment - Appendix 1

11. UNFINISHED BUSINESS

12. QUESTION PERIOD Use the Q&A function in Zoom to sign up; staff will allow presenters to unmute (no video) for a maximum of 2 minutes.

13. CLOSED SESSION 13.1 Recommendation: THAT the meeting be closed to the public pursuant to sections 90(1)(c) of the Community Charter to discuss matters relating to: • employee relations [Addenda]

14. RECONVENE FROM CLOSED SESSION

15. ADJOURNMENT

May 25, 2021 Regular Council Agenda Page 4 of 113 REGULAR MEETING DISTRICT OF TOFINO COUNCIL

May 11, 2021 at 4:30 PM Via Zoom (www.tofino.ca/meetings)

MINUTES

PRESENT: Mayor Law Councillors Anderson, Challenger, Chalmers, Stere, Thicke Robert MacPherson, Chief Administrative Officer Nyla Attiana, Director of Financial Services Fraser Work, Director of Infrastructure and Public Works Nikki Best, Manager of Corporate Services Aaron Rodgers, Manager of Community Sustainability Brent Baker, Manager of Protective Services Press, Public ABSENT Councillor McMaster COUNCILLOR:

1. CALL MEETING TO ORDER

1.1 Mayor Law called the meeting to order at 4:30 p.m. and acknowledged that the District of Tofino operates within the Territory of the Tla-o-qui-aht First Nation.

1.2 Notice to attendees that the meeting is being video recorded and will be published on the District of Tofino's YouTube channel.

2. ADOPTION OF AGENDA

Resolution No. 213/21 THAT the May 11, 2021 regular Council agenda be adopted. CARRIED UNANIMOUSLY

3. ADOPTION OF MINUTES

3.1 Minutes of the Regular Council Meeting held April 27, 2021

Resolution No. 214/21 THAT the minutes of the regular Council meeting held April 27, 2021 be adopted. CARRIED UNANIMOUSLY

3.2 Minutes of the Special Council Meeting held April 26, 2021

Resolution No. 215/21 THAT the minutes of the special Council meeting held April 26, 2021 be adopted. CARRIED UNANIMOUSLY

4. PUBLIC COMMENT ON AGENDA ITEMS

None.

May 11, 2021 Regular Council Meeting Minutes Page 1 of 6

Page 5 of 113

5. MAYOR'S REPORT

Mayor Law spoke to the following recent meetings: • Regional Roundtable with Minister of Municipal Affairs, Hon. Josie Osborne and Minister of Tourism, Arts and Culture, Hon. Lisa Beare regarding connectivity wi-fi and cellular service • RCMP regarding the Limited Management Survey • North Island College regarding Victim Services and Sexualized Violence Awareness • Island Coastal Economic Trust regarding future program opportunities

6. DELEGATIONS

None.

7. CORRESPONDENCE

7.1 City of Kamloops regarding a certified resolution in support for professional news media

7.2 Peace River Regional District regarding a lack of funding for invasive plant management

7.3 District of Clearwater regarding the designation of invasive Asian clams as a prohibitive aquatic invasive species

7.4 District of Clearwater regarding an endorsement of the 9-8-8 Crisis Line Initiative

7.5 Town of View Royal regarding a request for authority and training for hospital security staff

7.6 Ministry of Forests, Lands, Natural Resource Operations and Rural Development regarding heron colony locations

7.7 Pacific Rim National Park regarding Parks Canada and BC Provincial travel restrictions

7.8 Ministry of Municipal Affairs regarding April regional calls - follow up

7.9 City of Campbell River regarding logging of at-risk old-growth forests in the province

7.10 Tofino-Long Beach Chamber of Commerce regarding municipal taxes and residential camping

8. PRESENTATIONS AND REPORTS

8.1 Invited Presentation: Teri Fong, Chief Financial Officer, and Douglas Holmes, Chief Administrative Officer, Alberni-Clayoquot Regional District regarding ACRD Financial Plan

Teri Fong, Chief Financial Officer, ACRD, delivered a presentation regarding the 2021-2025 Financial Plan. The presentation included: • Overview of ACRD history, funding model and operations • Development of financial plan • 2020-2021 highlights • Estimated tax rate analysis

May 11, 2021 Regular Council Meeting Minutes Page 2 of 6

Page 6 of 113

8.2 Development Variance Permit - Gripp - 1254 Pacific Rim Highway (Report from Community Sustainability)

Aaron Rodgers, Manager of Community Sustainability, delivered a presentation regarding a development variance permit application for 1254 Pacific Rim Highway.

Councillor Chalmers notified Council she is no longer affiliated with the neighbouring property, and therefore does not have a conflict of interest.

Resolution No. 216/21 THAT Council APPROVE Development Variance Permit No. 05-21 to vary District of Tofino Zoning Bylaw No. 770, 1997 for LOT A DISTRICT LOT 132 CLAYOQUOT DISTRICT PLAN VIP 81584 as follows: a.Vary Part 18.6.1 of the District of Tofino Zoning Bylaw No. 770, 1997 to reduce the minimum required front yard in an RA1 zone from 12.2 metres to 5.2 metres as shown on Exhibit “A” to DVP 05-21. CARRIED

In favour: Mayor Law, Councillors Anderson, Challenger, Chalmers, Stere Opposed: Councillor Thicke

8.3 Zoning Amendment Application - Embury - 241 Campbell Street (Report from Community Sustainability)

Aaron Rodgers, Manager of Community Sustainability, delivered a presentation regarding a zoning amendment application for 241 Campbell Street.

Resolution No. 217/21 THAT staff proceed with further review of the zoning amendment application for 241 Campbell Street. CARRIED UNANIMOUSLY

By unanimous consent, Council recessed at 6:01 p.m. and resumed at 6:05 p.m.

8.4 Deputy Corporate Officer Appointment (Verbal Report from Corporate Services)

Nikki Best, Manager of Corporate Services, delivered a verbal presentation regarding the appointment as the Deputy Corporate Officer.

Resolution No. 218/21 THAT Nikki Best be appointed as Deputy Corporate Officer for the District of Tofino to act in the stead of the Corporate Officer with all the same powers, duties and functions as established by Section 148 of the Community Charter for the duration of her employment contract with the District of Tofino. CARRIED UNANIMOUSLY

8.5 Audit Committee

Resolution No. 219/21 THAT the minutes of the Audit Committee meeting held April 28, 2021 be received. CARRIED UNANIMOUSLY

May 11, 2021 Regular Council Meeting Minutes Page 3 of 6

Page 7 of 113

Resolution No. 220/21 THAT Council approve the 2020 Audited Financial Statements for the District of Tofino. CARRIED UNANIMOUSLY

8.6 Volunteer Recognition Committee

Resolution No. 221/21 THAT the minutes of the Volunteer Recognition Committee meeting held May 3, 2021 be received. CARRIED UNANIMOUSLY

9. BYLAWS

9.1 District of Tofino Bylaw Notice and Dispute Amendment Bylaw No. 1107.15, 2021 for Adoption

Resolution No. 222/21 THAT "District of Tofino Bylaw Notice and Dispute Amendment Bylaw No. 1107.15, 2021" be adopted. CARRIED UNANIMOUSLY

9.2 District of Tofino Outdoor Burning Amendment Bylaw No. 1071.02, 2021 for Adoption (Beach Fires)

Resolution No. 223/21 THAT "District of Tofino Outdoor Burning Amendment Bylaw No. 1071.02, 2021" be adopted. CARRIED UNANIMOUSLY

9.3 District of Tofino Housing Agreement Bylaw No. 1310, 2021 for Adoption (Surf Grove Campground)

Resolution No. 224/21 THAT "District of Tofino Housing Agreement Bylaw No. 1310, 2021" be adopted. CARRIED UNANIMOUSLY

9.4 District of Tofino Zoning Amendment Bylaw No.1307, 2021 for Third Reading and Adoption (Temporary Patios 2021)

Resolution No. 225/21 THAT "District of Tofino Zoning Amendment Bylaw No. 1307, 2021" be read a third time and adopted. CARRIED UNANIMOUSLY

10. BUSINESS INITIATED BY COUNCIL MEMBERS

May 11, 2021 Regular Council Meeting Minutes Page 4 of 6

Page 8 of 113 10.1 Committee and External Appointment Verbal Reports from Council Members (Standing Item) • Verbal Report from Councillor Stere regarding the Tofino Harbour Authority and the ACRD

Councillor Stere delivered a verbal update regarding the Alberni-Clayoquot Regional District Board with the Ministry of Transport and Infrastructure meeting including: • A pedestrian activated cross-walk at Chesterman Beach to be completed by mid-May • Speed limit assessment between Malby Road and Cox Bay

Councillor Stere also delivered a verbal update on the Tofino Harbour Authority including: • Annual General Meeting scheduled Saturday, May 15, 2021 • New wharfinger hire

10.2 Notice of Motion from Councillor Stere regarding Expedient and Resourced Implementation of Old-Growth Strategic Review

Resolution No. 226/21 THAT the District of Tofino Council send the letter titled “Support for the Expedient and Resourced Implementation of Old-Growth Strategic Review” to the Ministry of Forests, Lands, Natural Resource Operations and Rural Development and MLA Josie Osborne.

AND THAT the letter be carbon copied to the local governments of British Columbia. CARRIED UNANIMOUSLY

11. UNFINISHED BUSINESS

None.

12. QUESTION PERIOD

None.

13. CLOSED SESSION

Resolution No. 227/21 THAT the meeting be closed to the public pursuant to sections 90(1)(a)(b)(c) and 90(2)(b)of the Community Charter to discuss matters relating to: • personal information about an individual who holds or is being considered for a position as an officer, employee or agent • personal information of individuals being considered for a municipal award • employee relations • the consideration of information received and held in confidence relating to negotiations between the municipality and the provincial government, or between the provincial government and a third party CARRIED UNANIMOUSLY

14. RECONVENE FROM CLOSED SESSION

15. ADJOURNMENT

Resolution No. 236/21 THAT the May 11, 2021, regular meeting be adjourned at 8:07 p.m.

May 11, 2021 Regular Council Meeting Minutes Page 5 of 6

Page 9 of 113 CARRIED UNANIMOUSLY

CERTIFIED CORRECT:

Dan Law, Mayor Robert MacPherson, Corporate Officer

May 11, 2021 Regular Council Meeting Minutes Page 6 of 6

Page 10 of 113 From: [email protected] [mailto:[email protected]] Sent: April 24, 2021 3:30 PM To: corporateservices Subject: New Delegation Request

Please fill in all fields marked with an asterisk (*). Id 2212

Date 2021-04-24 15:30:09 *Name of delegate(s) and Cathy Peters- educator title, if applicable: Delegation Status Attending as an Individual Name of Organization, if Be Amazing Campaign; to Stop Sexual Exploitation applicable: *Meeting type Regular Council meeting requested: *Meeting date Anytime in April or May (only) requested: *Suggested title of Human Sex Trafficking, Sexual Exploitation and Child Sex Trafficking in presentation: BC and How To Stop It *Provide a brief I will explain the issue/crime, give stats and go over steps for Council and outline of your the Tofino community to address this crime. presentation: To "traffick-proof" every community in BC by raising *What outcome do awareness to the issue (Please note that public awareness is completely you hope to lacking in BC and therefore is the best place in Canada to buy and sell achieve? women and children for sex. Alberta, Manitoba and Ontario for example are years ahead in both law enforcement and public awareness). *Do you wish to make a PowerPoint No presentation? *Contact Person: Cathy Peters Address: Phone: *E-mail: I understand that the personal information on this form is collected under the authority of the Community Charter and Local Government Act for the Collection and Use purposes of administering delegations to District of Tofino Council of Personal meetings. In accordance with District policy, your name and other personal Information information may only be used and disclosed as provided in the Freedom of Information and Protection of Privacy Act. Please contact the Manager of

Page 11 of 113 Id 2212 Corporate Services at [email protected] for more information about this collection.,

Page 12 of 113 From: [email protected] [mailto:[email protected]] Sent: May 7, 2021 3:05 PM To: corporateservices Subject: New Delegation Request

Please fill in all fields marked with an asterisk (*). Id 2218

Date 2021-05-07 15:05:09 *Name of delegate(s) and Bob Brash, Executive Director title, if applicable: Delegation Status Representing an Organization Name of Organization, if THE TRUCK LOGGERS ASSOCIATION applicable: *Meeting type Regular Council meeting requested: *Meeting date May 25, 2021, 4:30 pm requested: *Suggested title of The value of forestry to Tofino citizens presentation: Representing the Truck Loggers Association, Bob Brash will present the *Provide a brief District of Tofino mayor and council with an overview of the value and outline of your importance of timber harvesting in Tofino and the issues facing the forest presentation: industry today. *What outcome do you hope to Information only achieve? *Do you wish to make a PowerPoint Yes presentation? *Contact Person: Bob Brash Address: 725 - 815 West Hastings St. Vancouver, BC. V6C 1B4 Phone: 604.684.4291 *E-mail: [email protected] I understand that the personal information on this form is collected under the authority of the Community Charter and Local Government Act for the Collection and Use purposes of administering delegations to District of Tofino Council of Personal meetings. In accordance with District policy, your name and other personal Information information may only be used and disclosed as provided in the Freedom of Information and Protection of Privacy Act. Please contact the Manager of

Page 13 of 113 Id 2218 Corporate Services at [email protected] for more information about this collection.,

Page 14 of 113 -----Original Message----- From: Mara Love [mailto: ] Sent: May 6, 2021 4:51 PM To: corporateservices Subject: Electric bicycles on the MUP path

Dear Mayor and Council, We are concerned about the increase in the number of electric bikes on the MUP path and would like to see some rules and regulations in place to protect pedestrians and regular bike riders. Last fall, we were walking on Chesterman Beach with the dog when we were almost run over by an electric bike coming fast behind us near the shoreline. There was no warning, as the bike was totally silent. We have a friend whose family lives in Switzerland. He talked to his brother,who told him that there is a speed limit of 25 km./hr.on the MUP path and that electric bikes come in 2 different forms: the one allowed on the MUP path has a built in speed limit of 25 km./hr. whereas the other one goes up to 40 km./hr. and requires a license and insurance,and bike helmets, as well as requiring the rider to pass a test similar to that for motor bikes. These faster bikes can only use the road. Also, all electric bikes are required to have a horn or bell and use it. The legal age for the faster bikes is either 16 or 18.The speed limit of 25km./hr.for the MUP path was picked because it is the fastest speed that a person can run. We were talking to Mark Vezina and he has adjusted his rental bikes to have an upper limit of 28 km./hr. I think that with the popularity of electric bikes, there will be new shops opening in Tofino and that a similar requirement would ensure greater safety on the MUP paths. We think it is important that there is some form of regulation regarding age. We heard from a friend that their 10 year old just got an electric bike.We feel that there should be an age limit at which children are allowed to us powered bikes on the MUP path. Thank you for your consideration, Mara and Robert Love

Page 15 of 113

May 10, 2021

Bob Zimmer, Member of Parliament 9916 100 Avenue Fort St. John, BC V1J 1Y5

Dear Mr. Zimmer, MP

Re: Letter of support for national three-digit suicide prevention hotline - 988

On behalf of Council, we are pleased to provide this letter of support for the creation of a national three-digit suicide and crisis hotline – 988.

The Council of the District of Mackenzie, at their Regular Meeting held on Monday, April 26, 2021 hereby resolved the following:

31933. MOVED by Councillor Hipkiss Support for WHEREAS the Federal government has passed a motion to adopt 988, a National 988 Crisis three-digit suicide and crisis hotline; Line AND WHEREAS the ongoing COVID-19 pandemic has increased the demand for suicide prevention services by 200 per cent;

AND WHEREAS existing suicide prevention hotlines require the user to remember a 10-digit number and go through directories or be placed on hold;

AND WHEREAS in 2022 the United States will have in place a national 988 crisis hotline;

AND WHEREAS the District of Mackenzie recognizes that it is a significant and important initiative to ensure critical barriers are removed to those in a crisis and seeking help;

NOW THEREFORE BE IT RESOLVED THAT the District of Mackenzie endorses this 988-crisis line initiative;

and that Staff be directed to send a letter indicating such support to the local MP, MPP, Federal Minister of Health, the CRTC and local area municipalities to indicate our support. CARRIED

Page 16 of 113

We see great value in this project and we look forward to the implementation of this initiative.

Sincerely,

Joan Atkinson Mayor cc: Dan Davies Member of the Legislative Assembly [email protected]

The Hon. Steven Guilbeault Minister of Canadian Heritage Minister Responsible for the CRTC [email protected]

The Hon. Patty Hajdu Federal Minister of Health [email protected]

Local Area Municipalities

Page 17 of 113 May 11, 2021

Ref: 266895

Dear Mayors and Chairs:

I am writing in follow up to a recent update from Okenge Yuma Morisho, Deputy Minister of Municipal Affairs, to Chief Administrative Officers regarding the Climate Action Revenue Incentive Program (CARIP). As you may be aware, 2021 will mark the wind down and final year of grant payments under this program. Budget 2021 also commits new funding to help local governments reduce greenhouse gas emissions through planning for compact, energy-efficient communities. The purpose of this letter is to thank British Columbia’s local governments for your continued leadership and to describe how our government continues to work with local governments to achieve our collective climate goals.

Since the 2008 inception of the Climate Action Charter (CAC), almost every local government in B.C. has signed the CAC, committing to take action and develop strategies to achieve the following three goals: • Work toward becoming carbon neutral in their local government corporate operations • Measure and report on their community greenhouse gas (GHG) emissions profile • Create complete, compact, energy-efficient rural and urban communities

As of 2018, the last year of full reporting prior to the pandemic, 187 local governments had signed on to the CAC and were publicly reporting on their progress toward meeting their climate action goals, 147 were measuring and reporting GHG emissions, and 50 local governments had achieved carbon neutrality in their operations. Communities across B.C. both large and small have consistently demonstrated leadership in taking action on climate change, in areas as broad as local food production, renewable energy generation and planning for public transit and active transportation. Thank you for your continued ambition and efforts to reduce greenhouse gas emissions in your corporate operations, and more broadly to inspire and work within your communities to tackle climate change.

Under CleanBC, the Province of British Columbia has put a priority on reducing pollution, boosting energy-efficient solutions and building a low-carbon economy. Local governments will continue to be a key partner in our collective efforts to address the challenges of a changing climate, playing a specific and important role in B.C.’s climate goals.

…/2

Ministry of Municipal Affairs Office of the Minister Mailing Address: Location: PO Box 9056 Stn Prov Govt Parliament Buildings Victoria BC V8W 9E2 Victoria BC V8V 1X4 Phone: 250 387-2283 Fax: 250 387-4312 http://www.gov.bc.ca/muni

Page 18 of 113 Mayors and Chairs Page 2

Just as local governments’ actions on climate solutions have evolved in the past decade, our government is responding to support you with tools and funding programs such as: • Updating the BC Action Climate Toolkit and the Green Communities Committee Carbon Neutral Framework. • Investing $110 million in combined provincial and federal funding to help local governments and Indigenous communities develop energy efficiency and clean energy projects through the Investing in Canada Infrastructure Program CleanBC Communities Fund. • Working with the federal government to assess the climate impacts of all major infrastructure being funded under the Investing in Canada Infrastructure Program to reduce GHG emissions and increase resilience to climate change, which benefits communities and creates jobs. • Boosting active transportation infrastructure with $18 million through the Ministry of Transportation and Infrastructure. • Making sure commuters can get out of their cars with historic investments in public transit, such as the Broadway Subway Line, and free transit for kids 12 and under starting this September.

Building on record investments in CleanBC, the province will continue to strengthen our work with local governments and support the CAC.

As noted, Budget 2021 commits $11 million in new funding to help local governments plan for compact, energy-efficient communities, directly supporting the CAC’s commitment to create complete, compact, energy-efficient rural and urban communities. I look forward to working with all local governments through Union of BC Municipalities and the Green Communities Committee on how to support greener and more livable communities.

Our government remains committed to working with local governments to reach our climate goals and make life better for people across British Columbia.

Sincerely,

Josie Osborne Minister pc: Chief Administrative Officers

Page 19 of 113 Proposal to DoT Mayor & Council Re: Comprehensive Animal Related Services

CARE Network has developed a regional strategy that leverages necessary economies of scale to provide a comprehensive suite of animal services to the rural and remote communities of Clayoquot and Barkley Sounds. Currently, Ahousaht, the Tla-o-qui-aht communities, Hitacu and Macoah pay CARE Network a fee for animal services that are specific to their community needs.

Proposal:

CARE Network proposes that the District of Tofino budget $30,000 in 2022, and for the four subsequent years with an annual increase of 2%, for animal services provided by CARE Network. These services will include:

- Facilitating and managing a dog and cat licensing campaign. - Stray dog & cat patrols including stray cat trapping - Proactive patrols on beaches during the summer to mitigate littering of dog excrement, off- leash situations, fireworks (as they often result in animals bolting and getting lost), etc. - Kenneling stray & abandoned animals - Rehoming animals as needed - Primary contact for animal situations in the District – phone, email and social media? - Provide access to affordable spay & neuter services for residents on fixed or low incomes. - Conducting a community animal census.

Expenses:

CARE has established two categories of service and a central animal sheltering facility to facilitate the region’s animal service needs. CARE’s basic annual expenses of these services are listed below. Not included in this brief summary is the incredible amount of volunteer work that supports these services.

Regional Animal Service Expenses

Animal Emergency Services Animal Bylaw Services Animal Shelter Services Total Staff $ 58,240 $ 58,240 $ 58,240 $ 174,720 Volunteers $ 25,900 $ 25,900 Operations $ 13,800 $ 13,800 Vehicles $ 7,400 $ 7,400 $ 7,400 $ 22,200 Total $ 91,540 $ 65,640 $ 79,440 $ 236,620

As we understand the situation, Tofino does not require CARE’s bylaw related services. Therefore, $65,640 can be deducted from the regional cost sharing as related to the District of Tofino.

In 2020, CARE logged 168 animals helped in the DoT out of a total of 780 animals helped in the region. Approximately 22% of all animal cases in the region occurred within Tofino. By this measure, the 2020 expense for CARE to manage animal situations in Tofino: ~$36,800 (22% of $170,980). As an FYI, case numbers were high across the region in 2020 and we attribute that to the impacts of Covid19.

This measure of animal service costs (certainly for a more ‘normal’ year) is consistent with the average per capita expense of animal services elsewhere. Our research shows that comparable animal services cost, on average, $7.25 per resident annually.

Page 20 of 113 Proposal to DoT Mayor & Council Re: Comprehensive Animal Related Services

Tofino Residents/Seasonal Workers (adjusted): ~2,500 $ 18,125 Visitors (adjusted: 600,000 (in 2018) divided by 365): ~1,643 $ 11,933 Total: $ 30,058

Please keep in mind that jurisdictions elsewhere incur this sort of per capita expense whether they manage these animal services internally or as a fee for service arrangement. In addition to these annual expenses, many jurisdictions have to build an animal sheltering facility at their cost. That is not required here. Fundamental to this regional animal care strategy is that CARE Network has taken on the responsibility/cost to establish such a facility that can serve the entire region.

To date, CARE has invested over $100,000 and countless volunteer hours to get phase one of the region’s animal shelter facility operational. We have a plan to invest another $500,000 over the next five years to complete phase two, the rehabilitation of a WWII building that will become CARE’s base of operations.

Revenue

A portion of this annual animal service expense can be recouped by the District of Tofino via impound, kenneling and animal license fees charged to animal guardians. For your reference, here are what some other communities in the region charge:

License fee: Male or female unaltered dog $100

License fee: Neutered male or spayed female dog $25

License fee: Male or female unaltered cat $50

License fee: Neutered male or spayed female cat $10

License fee: Dangerous Dog license fee $500

Replacement tag $15

First Impoundment fee: Male or female unaltered dog $200 & $60 per day

First Impoundment fee: Male or female altered dog $150 & $60 per day

Second and subsequent impoundment fee: Male or female $300 & $60 per day unaltered dog

Second and subsequent impoundment fee: Male or female altered $250 & $60 per day dog

Impoundment fee: Male or female unaltered cat $100 & $25 per day

Page 21 of 113 Proposal to DoT Mayor & Council Re: Comprehensive Animal Related Services

Impoundment fee: Male or female altered cat $50 & $25 per day

If DoT were to update the fees and fines currently charged, and contract CARE’s proposed animal services, DoT annual revenue from animal services will likely increase significantly. Based on our records of DoT cases in 2020, and our projections of a targeted animal licensing plan starting in 2022, we forecast DoT 2023 animal service-related revenue to breakdown as follows (increasing annually):

Projected 2023 DoT Animal Services Revenue

Dogs Cats Total Licensing $ - Altered $ 4,375 $ 1,750 $ 6,125 Unaltered $ 6,000 $ 3,000 $ 9,000 Impound $ 3,750 $ 1,000 $ 4,750 Impound (+days) $ 720 $ 250 $ 970 Total $ 14,845 $ 6,000 $ 20,845

Benefits

On average across Canada, 41% of households have at least one dog. 38% of households have at least one cat. Therefore, if Tofino has a human population of around 2,500, there could be ~1,500 dogs and cats in the community. The dog numbers certainly spike significantly in the busier summer months. However, all residents and visitors benefit from animal services as they improve community health and safety:

 Injured and stray animals (especially unsocialized cats) are attractants for wildlife and lead to increases in human/wildlife conflicts.  Lost and abandoned animals are often frantic and can become a traffic hazard or defensively aggressive.  Uncared for animals can spread diseases.  Not picking up dog poop can lead to the spread of deadly viruses like Parvo.  Witnessing an injured animal can be traumatic especially for children.

Background

CARE Network, a local non-profit organization, was established in Tofino about ten years ago when it was clear that more resources were needed for animals in need, and their families. The BC SPCA didn’t have the resources needed to effectively serve the coast and went on to recognized CARE’s role to serve rural and remote communities beyond the SPCA’s reach with a Humane Communities Award in 2014.

At that time, there were still two stray cat-focused teams managing several cat colonies – Stray Cats About Town (SCAT) Tofino and Ukee SCAT. The Tofino SCAT team retired in 2020 after the last stray cat they were caring for died. They had put in thirty or so years of dedicated, daily volunteer service to help cats and the community at large. Ukee SCAT merged with CARE Network to maximize resources.

Page 22 of 113 Proposal to DoT Mayor & Council Re: Comprehensive Animal Related Services

2020 was CARE Network’s busiest year on record. We worked with over 750 animals from Hot Springs Cove to Macoah. 168 of those animals were in Tofino. It is clear that the communities in our region, Clayoquot and Barkley Sounds, need various animal services to:

 Secure lost or abandoned animals until next steps can be arranged.  Mitigate attractants that lead to human/wildlife conflicts.  Reduce animal suffering and the trauma that comes with witnessing such suffering (especially for children).

Thank you for considering this proposed service contract designed to keep all residents and visitors to Tofino, whether they have two legs or four, healthy and safe.

James Rodgers Cofounder & Executive Director CARE Network 250 266 9663 [email protected]

Page 23 of 113

May 14, 2021

Ref: 267054

Mayors and Regional District Chairs of British Columbia Attendees of May 2021 Regional Calls with Minister Josie Osborne and Minister Lisa Beare

Dear Mayors and Chairs:

Thank you for taking the time to join Minister Josie Osborne and Minister Lisa Beare for the May 2021 regional calls. As Minister Osborne and Minister Beare said, these conversations continue to be a great opportunity to hear from you about the key issues and opportunities that you are working on in your communities. This email answers some of your questions and details links and resources for some of the topics raised.

The May 2021 calls were focused on connectivity. Working to connect all people in BC – regardless of where they live – is a priority for our government. Communications technology in all its rapidly changing forms is embedded into all aspects of our day-to-day lives as it enables a broad spectrum of possibilities including access to healthcare, education, culture, public safety and economic activity, as well as day-today social interactions during the challenging times of the pandemic.

Building on the Province’s most recent investments totalling $180 million, Budget 2021 establishes stable base funding of $40 million over the plan to further invest in the Province’s connectivity strategy. This will provide better high-speed internet and cell coverage to help connect more people in rural areas and remote communities. (See more Budget 2021 highlights below.)

There were a number of themes that came up during the calls including inaccurate federal data on broadband internet speeds, cell coverage along highways, redundancy, and low earth orbit satellites (LEOS) as an alternative to ground infrastructure. Providing the same level of access, quality and affordability in rural and remote areas as in urban areas is a key priority for the provincial government and we are working towards that goal.

The Connected Communities team within the Ministry of Citizens’ Services would be happy to answer any further questions regarding connectivity programs or planning, highway cellular, satellite services or any recent announcements pertaining to connectivity in your area. Please email [email protected].

Internet Speed Study

Ministry of Municipal Affairs Local Government Mailing Address: Location: PO Box 9490 Stn Prov Govt 6th Floor, 800 Johnson Street Victoria BC V8W 9N7 Victoria BC V8W 1N3 Phone: 250 356-6575 Fax: 250 387-7973 www.gov.bc.ca/muni

Page 24 of 113

Mayors and Chairs Page 2

Communities have raised concerns that the federal data on broadband Internet speeds, which is used to determine eligibility for connectivity funding programs, may not accurately reflect the broadband Internet speeds experienced in homes, businesses, and other locations at the community level.

The Ministry of Citizens’ Services, UBCM, and Northern Development Initiative Trust are responding collaboratively to these concerns with an independent study of differences between the broadband Internet speeds experienced in some BC communities, and the 50/10 Mbps speed identified on the federal government’s National Broadband Internet Service Availability Map. The study which is underway, will produce factual information on Internet speeds in rural and remote communities, supporting analysis and informing dialogue between the Northern Development Initiative Trust, Indigenous and local governments, Internet service providers, the Province, and the federal government. Data gathering and analysis will occur over the spring and summer months, with reporting of study results expected in fall 2021.

A key step in this process is to identify which communities in BC have noted inconsistencies between the 50/10 Mbps Internet speed that federal maps indicate should be available, versus actual Internet speeds currently experienced by residents and businesses in the area.

Local governments with reports of Internet speeds lower than the 50/10 Mbps speeds shown on federal maps, are invited to self-identify by contacting Reiko Tagami, Policy Analyst, UBCM to request to be included in the study.

Local governments wishing to participate in the Internet speed study are encouraged to complete a questionnaire, providing contextual and background information about Internet speeds experienced in their community. For the purpose of this study, local governments can improve the accuracy and depth of the Internet speed data for their area, by having their residents, businesses, and other community stakeholders complete the CIRA Internet speed test. More information on the Internet speed questionnaire & performance data can be found here .

BC Budget 2021 Highlights On April 20, 2021, Finance Minister Selina Robinson tabled the 2021 provincial budget in the legislature. Budget 2021 includes significant new funding commitments of interest to local governments, including those for mental health and substance use; housing affordability and homeless populations; economic recovery; childcare, and broadband connectivity. Due to COVID-19 pandemic impacts, the budget projects deficits of $9.7 billion this year, $5.5 million next year, and $4.3 million in the year following. For more information see provincial government’s Budget 2021 or UBCM BC Budget Highlights.

Mental Health Funding and Substance Use The budget allocates $3.1 billion over three years to improve health and mental health care, including $500 million to continue to expand mental health and substance use services. $330 million over the fiscal plan provide a full spectrum of substance-use treatment and recovery services, including $152

Page 25 of 113

Mayors and Chairs Page 3

million for opioid treatment. There will be 195 new substance use treatment and recovery beds in communities throughout the province to help more people get on a path to recovery.

Housing Affordability and Homeless Population The budget provides additional funding to expand the HousingHub program to construct 9,000 more rental homes for middle-income house holds and families over the next 3-5 years.

In addition to continued investments in the Homes for B.C. Supportive Housing Fund, the Province is partnering with the federal government through the Rapid Housing Initiative to convert existing buildings into supportive housing, and to support development of modular housing to expedite housing solutions for homeless or other vulnerable populations.

The budget allocates funding to extend supports and services for people experiencing homelessness and includes funding to help maintain more than 3,000 temporary emergency shelter and hotel spaces that have been secured during the pandemic. Funding is also provided to extend the additional 650 urgent shelter spaces, rent supplements, and supportive housing sites used to support recent decampments efforts in Vancouver and Victoria, with on-site health and other supports.

Economic Recovery Budget 2021 continues to prioritize investments that help BC respond to the pandemic and to prepare for a strong recovery. These investments build on the over $10 billion that has been provided to support people, businesses and communities since the pandemic began. The budget provides a record $26.4 billion in taxpayer-supported capital investments that are expected to create over 85,000 jobs over the three-year plan. These investments will ensure the right infrastructure is in place by making critical upgrades to hospitals, schools, and highway and transit projects.

Childcare The budget included a $233 million increase in base funding over three years for childcare to create new spaces. This will more than double the number of $10-a-day childcare spaces and contribute to raising wages for early childhood educators. New federal funding will help BC to build on this commitment.

Infrastructure Funding Public announcements for the Investing in Canada Infrastructure COVID-19 Infrastructure Resilience Stream are expected next month. We understand that you are all interested in finding out the decisions. Ministry staff are working with our partners at Infrastructure Canada to finalize approvals at this time. Please stay tuned for further announcements.

In addition, Budget 2021 includes provincial funding commitments of $41 million over the fiscal plan, or $247 million over the next six years to maximize federal contributions and continue to support local governments, not-for-profit entities and First Nations in accessing community infrastructure funding. The ministry will be communicating further details on the Investing in Canada Infrastructure Program (ICIP) application process for new intakes in the fall of 2021.

Page 26 of 113

Mayors and Chairs Page 4

COVID-19 Update The strengthened province-wide restrictions that came into effect on March 29 are still in place through to May 25, including that everyone should stay within their local communities. Travel restrictions for non-essential travel in BC are also in place until May 25. Read the travel restrictions here.

Dr. Henry stresses that although a high number of people are being vaccinated every day, it will take some time before all of us can let our guard down and right now, we all need to continue doing the things that prevent transmission of the virus.

Please stay tuned for further announcements from Provincial Health Officer Dr. Bonnie Henry and check the provincial government COVID-19 website regularly for more information.

Vaccination Roll Out Dr. Bonnie Henry and Minister of Health, Adrian Dix, urge everyone to register online or call 1-833-838- 2323 for vaccination as soon as possible. Getting vaccinated will help stop transmission and infections in vaccinated people are generally milder compared to those in unvaccinated people.

Starting today at 7 p.m. (Pacific time), booking invitations will begin for people who are registered and are born in 1996 or earlier (25 and up). On Saturday at 7 p.m., booking invitations will begin for people who are registered and are born in 2001 or earlier (20 and up) and on Sunday at 7 p.m., booking invitations will begin for people who are registered and are born in 2003 or earlier (18 and up). We encourage you to share this information with your residents.

The latest vaccine information can be found at www.bccdc.ca .

Home Owner Grant Centralization As a reminder, effective 2021 all home owner grant applications must be submitted directly to the BC provincial government through a secure online application. Municipalities no longer need to and should not accept any applications. There are no changes to program eligibility criteria.

Homeowners can apply for their current year or their retroactive home owner grants 24/7 online at gov.bc.ca/homeownergrant or they can call toll free: 1-888-355-2700 Monday to Friday from 8:30 am to 5 pm to speak with an agent. We encourage you to share this information with your residents.

The next regional calls will be in June. Ministry staff will be in touch with you about the June date, time, and meeting information. Our tentative plan after June is to take a summer break from these calls and restart them in September.

Page 27 of 113

Mayors and Chairs Page 5

The more restrictive COVID-19 measures over the next few weeks are hard for all of us – for governments, for businesses, for individuals in communities throughout BC. Once again, I cannot thank you enough as local government leaders for your continued leadership and dedication during this difficult time.

Sincerely,

Tara Faganello Assistant Deputy Minister pc: Chief Administrative Officers Gary MacIsaac, Executive Director, UBCM Nancy Taylor, Executive Director, LGMA Todd Pugh, Executive Directory, CivicInfo

Page 28 of 113

District of Tofino REPORT TO COUNCIL

MEETING DATE 25/05/2021 TO Mayor & Council File No: C&C-02 FROM Financial Services

TITLE Change of Signing Authority

RECOMMENDATION

THAT staff be authorized to add Mayor Dan Law and Nikki Best, Manager of Corporate Services, as signing authorities for the District of Tofino.

CAO’S COMMENTS

I concur with the recommendation of the Direcotr of Financial Services.

EXECUTIVE SUMMARY

The purpose of this report is to update signing authority with CIBC and Municipal Finance Authority. If the recommendation is approved, staff will work on the appropriate paperwork to initiate this process.

2021-2023 STRATEGIC PLAN

Strategic Plan Goal: Not applicable.

Strategic Priority: Not applicable.

FINANCIAL IMPACTS

There are no financial impacts.

BACKGROUND

The signing authorities are used primarily and formally for banking, investment and cheque signing purposes. District policy is to require two signatures and at least one of those signatures is to be that of an elected official where possible and practical.

The Manager of Corporate Services is required to have signing authority in order to be used in the absence

Page 29 of 113 of the Chief Administrative Officer.

DISCUSSION

Currently, the following staff and elected officials have signing authority:

Staff - Robert MacPherson, Chief Administrative Officer - Nyla Attiana, Director of Financial Service, Chief Financial Officer - Laura Morehouse, Manager of Financial Services

Elected Officials - Councillor Allen Anderson - Councillor Duncan McMaster

COMMUNICATION

None

Respectfully submitted,

______Laura Morehouse, Manager of Financial Services For Nyla Attiana, Director of Financial Services

Page 30 of 113

District of Tofino REPORT TO COUNCIL

MEETING DATE 26/02/2019 TO Mayor & Council File No: BYL-02 FROM Community Sustainability

TITLE Zoning Bylaw Amendment: Shipping Containers

RECOMMENDATION

THAT “District of Tofino Zoning Amendment Bylaw No. 1287, 2020” attached as Appendix 1 to the report titled “Zoning Bylaw Amendment: Shipping Containers” dated May 25th, 2021, be amended at second reading by:  Adding the following to Part 4.1.10: a. vi. Shipping containers shall not be stacked. c. Shipping containers must be enclosed by landscape screening. d. Shipping containers shall include ventilation as follows: i. One vent within 150 mm of the floor in the container door; ii. One vent within 150 mm of the top of the container on the opposite end from the door for cross ventilation; iii. Minimum size of vent is 300 mm x 300 mm for shipping containers 6 m or less in length; iv. Minimum size of vent is 500 mm x 500 mm for shipping containers greater than 6 m in length; and, v. Top vent must include a device (i.e. roof turbine) to generate a venturi effect during low wind speeds (must not be directed towards a structure);

AND THAT staff be authorized to waive the Public Hearing for “District of Tofino Zoning Amendment Bylaw No. 1287, 2020” and publish notices advising the public of the waiver.

CAO’S COMMENTS

I concur with the recommendation of the Manager of Commnity Sustainability.

Page 31 of 113 EXECUTIVE SUMMARY

This report has been written in response to concerns expressed by Council at the March 23rd, 2021 Regular Council meeting including:

 Stacking of containers;  Screening and  Safety / ventilation concerns.

Staff are recommending second reading (as amended) of District of Tofino Zoning Amendment Bylaw No. 1287, 2020, a bylaw to regulate the use of shipping containers in Tofino. The proposed changes to the bylaw would:

 Prohibit the stacking of containers  Require landscape seeing  Stipulate a specific venting design

2021-2023 STRATEGIC PLAN

Strategic Plan Goal: Choose an item.

Strategic Priority: Choose a priority.

FINANCIAL IMPACTS

The proposed amendments are not anticipated to financially impact the District.

BACKGROUND

The proposed amendment for the regulation of shipping containers received first reading on June 23rd, 2020. Following first reading staff developed an online consultation process to garner feedback from the community on the proposed changes.

Bylaw 1287, 2020 was brought forward to Council for second reading at the March 23rd, 2021 regular Council meeting. Council discussed the proposed zoning amendment and requested that staff make a number of changes to the zoning amendment.

Resolution No. 142/21 THAT "District of Tofino Zoning Amendment Bylaw No. 1287, 2020" be referred back to staff for further review.

DISCUSSION

At the March 23rd, 2021 meeting, Council requested that staff address the following concerns related to the regulation of shipping containers.

Page 32 of 113

 Screening  Stacking of containers  Ventilation

The following amendments to the bylaw are proposed (changes in bold):

(a) By adding Part 4.1.10 as follows:

10. Shipping containers

b. A shipping container may be used for storage purposes in all zones subject to the following limitations; i. Setbacks for shipping containers shall be maintained in accordance with the provisions of principal buildings; ii. Shipping containers shall not be closer than 1.8 metres (6 feet) from the principal building; iii. In the case of a corner lot, a shipping container shall not be located closer to the flanking street than the principal building on the same lot; iv. The combined gross floor area of shipping containers plus accessory buildings shall not exceed 5% of the lot area or 62 square metres (665 square feet), whichever is the greater; v. A shipping container shall not exceed 4.5 metres in height; and vi. Shipping containers shall not be stacked. c. The following goods shall not be stored in a shipping container: i. Gasoline, propane, explosives, or any flammable, combustible liquid or compressed gas. d. Shipping containers must be enclosed by landscape screening. e. Shipping containers shall include ventilation as follows: i. One vent within 150 mm of the floor in the container door; ii. One vent within 150 mm of the top of the container on the opposite end from the door for cross ventilation; iii. Minimum size of vent is 300 mm x 300 mm for shipping containers 6 m or less in length; iv. Minimum size of vent is 500 mm x 500 mm for shipping containers greater than 6 m in length; and, v. Top vent must include a device (i.e. roof turbine) to generate a venturi effect during low wind speeds (must not be directed towards a structure).

Another concern raised at the March 23rd meeting was whether the District had the authority to District monitor and inspect the installation of shipping containers in the same way as other buildings.

The proposed bylaw amends the definition of STRUCTURE by adding SHIPPING CONTAINER. The identification of a shipping container as a structure aligns the zoning bylaw with the building bylaw to supports the regulation of shipping containers through the building permit process. Shipping containers will require a building permit and relevant inspections prior to installation ensuring that safety concerns are addressed.

Page 33 of 113 Planning staff met with the Tofino Volunteer Fire Department Training Officer in April 2021 to discuss shipping container safety training for the fire department.

If the amendment receives second reading, and prior to adoption staff will:  Update the building permit application  Develop a fact sheet for shipping container use (similar to the Maple Ridge example)

If the bylaw is adopted, staff will undertake an educational outreach program through the Building Inspector, Fire Inspector, and Protective Services officers to identify, and improve the safety of existing containers.

COMMUNICATION

Communication activities included council reports and the online webpage feedback. Formal notification to the community regarding the proposed amendment will be undertaken through the Public Hearing process which includes notification in the Westerly newspaper.

OPTIONS

Staff offer four options for Council’s consideration.

1. Amend the “District of Tofino Zoning Amendment Bylaw No. 1287, 2020” at second reading per the changes proposed in this report. 2. Instruct staff to prohibit shipping containers throughout the District of Tofino. 3. Instruct staff to prohibit shipping containers in certain zones. 4. Maintain current regulatory regime.

Staff is recommending Option 1.

Respectfully submitted,

______Aaron Rodgers, Manager of Community Sustainability

Appendices: 1. Draft Zoning Amendment Bylaw 1287, 2020

Page 34 of 113 CORPORATION OF THE DISTRICT OF TOFINO

District of Tofino Zoning Amendment Bylaw No. 1287, 2020

Effective Date – Month X, 2021

Page 35 of 113 DISTRICT OF TOFINO

BYLAW NO. 1287, 2020

A bylaw to amend “District of Tofino Zoning Bylaw No. 770, 1997”

WHEREAS section 137 of the Community Charter provides that the power to adopt a bylaw includes the power to amend or repeal it;

AND WHEREAS pursuant to section 479 of the Local Government Act, a municipality may, by bylaw, regulate within a zone:  the use of land, buildings and other structures;  the density of the use of land buildings and other structures;  the siting, size and dimensions of: o buildings and other structures; and o uses that are permitted on the land; and  the location of uses on the land and within buildings and other structures.

AND WHEREAS the Council of the District of Tofino wishes to amend District of Tofino Zoning Bylaw No. 770, 1997.

NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows:

1. Name

The name of this bylaw for citation purposes is “District of Tofino Zoning Amendment Bylaw No. 1287, 2020”.

2. Amendment

“District of Tofino Zoning Bylaw No. 770, 1997” is amended as follows:

(a) Part 2 Definitions by replacing the definition of STRUCTURE with the following:

STRUCTURE means anything constructed, erected or placed, the use of which requires location on the ground or attachment to something having location on the ground, including shipping containers, satellite dish antennae and retaining walls and excludes concrete, asphalt or similar surfacing of a lot, fences and walls that are less than the maximum fence height permitted, and underground utility facilities.

(b) Part 2 Definitions by replacing the definition of BUILDING with the following:

BUILDING means a structure other than a shipping container, used or intended for supporting any use or occupancy.

Zoning Amendment Bylaw No. 1287, 2020 2

Page 36 of 113 SHIPPING CONTAINER means an enclosed unit used or intended to be used for storing and transporting goods via ship, rail or truck, whether or not it is actually being used for such a purpose.

(d) By adding Part 4.1.10 as follows:

10. Shipping containers

a. A shipping container may be used for storage purposes in all zones subject to the following limitations; i. Setbacks for shipping containers shall be maintained in accordance with the provisions of principal buildings; ii. Shipping containers shall not be closer than 1.8 metres (6 feet) from the principal building; iii. In the case of a corner lot, a shipping container shall not be located closer to the flanking street than the principal building on the same lot; iv. The combined gross floor area of shipping containers plus accessory buildings shall not exceed 5% of the lot area or 62 square metres (665 square feet), whichever is the greater; v. A shipping container shall not exceed 4.5 metres in height; and vi. Shipping containers shall not be stacked. b. The following goods shall not be stored in a shipping container: i. Gasoline, propane, explosives, or any flammable, combustible liquid or compressed gas. c. Shipping containers must be enclosed by landscape screening. d. Shipping containers shall include ventilation as follows: i. One vent within 150 mm of the floor in the container door; ii. One vent within 150 mm of the top of the container on the opposite end from the door for cross ventilation; iii. Minimum size of vent is 300 mm x 300 mm for shipping containers 6 m or less in length; iv. Minimum size of vent is 500 mm x 500 mm for shipping containers greater than 6 m in length; and, v. Top vent must include a device (i.e. roof turbine) to generate a venturi effect during low wind speeds (must not be directed towards a structure).

READ A FIRST TIME on June 23rd, 2020

READ A SECOND TIME AS AMENDED on Month date, year

PUBLIC HEARING HELD on Month Day, 20XX

READ A THIRD TIME on Month Day, 20XX

ADOPTED on Month Day, 20XX

Zoning Amendment Bylaw No. 1287, 2020 3

Page 37 of 113

Dan Law, Mayor Robert MacPherson, Corporate Officer

Zoning Amendment Bylaw No. 1287, 2020 4

Page 38 of 113

District of Tofino REPORT TO COUNCIL

MEETING DATE 25/05/2021 TO Mayor & Council File No: LAN 01 - 98.020 FROM Community Sustainability

TITLE Development Variance Permit – Tranfield – 603 Pfeiffer Crescent

RECOMMENDATION

THAT Council APPROVE Development Variance Permit No. 06-21 to vary District of Tofino Zoning Bylaw No. 770, 1997 for LOT 10 DISTRICT LOT 115 CLAYOQUOT DISTRICT PLAN VIP59031 as follows:

CAO’S COMMENTS

I concur with the recommendation of the Manager of Community Sustainability.

PURPOSE

The applicant intends to construct a single-family dwelling on the subject property. Due to the sloped topography of the lot, the applicant will have to build up the foundation for the proposed dwelling and would like to use this area as a habitable basement storey and build the two permitted storeys above this. In order accomplish this, the applicant would like to vary the District of Tofino Zoning Bylaw No. 770, 1997 to allow a three storey house in an R1 zone.

2021-2023 STRATEGIC PLAN

Strategic Plan Goal: Not applicable.

Strategic Priority: Not applicable.

FINANCIAL IMPACTS

Application fees are intended to cover the costs of staff time associated with processing of the application.

Page 39 of 113 No other financial impacts to the District of Tofino are anticipated.

BACKGROUND

Site Characteristics Location 603 Pfeiffer Crescent Current Use Residential Site Area 0.16 acre Zoning Single Family Residential (R1)

Official Community Plan Proposed Land Use Village Village Containment Boundary Within Development Permit Area None

Surrounding Land Use Table North Pfeiffer Crescent; Residential (R1) South Residential (R1) East Residential (R1) West Pfeiffer Crescent; Residential (R1)

Figure 1. Subject Property (outlined in red)

Proposal Currently, the property has no structures built and is one of the last undeveloped lots in the general area. The applicant intends to construct a new single-family dwelling on the property that responds to the existing topography with a habitable walkout basement and two storeys above (see Appendix 2 for

Page 40 of 113 development plans).

Based on the submitted design proposal, staff understand that the lower storey will contain a 2 bedroom suite and single car garage, and the upper two storeys will contain the 3 bedroom main home. It is worth noting that without a variance, the applicant could build the same structure, however the lowest level would not be permitted to be habitable (i.e. no living spaces, bathrooms, etc.) and so the 2 bedroom suite would not be allowed.

The below figure shows the topography of the subject property. The approximate rise from the north/front property line (adjacent Pfeiffer Crescent) to south/rear property line is 7 metres (23 feet).

Figure 2. Topography of Subject Property

DISCUSSION

Official Community Plan (OCP) The subject property is designated as “Village” within the OCP. Within this designation, “future development is focused on the expansion of commercial services and retail, offices and workspace, and high-density residential housing”.

Zoning Bylaw The subject property is zoned Single Family Residential District (R1) under the District of Tofino Zoning Bylaw No. 770, 1997. The intent of the R1 zone is to “provide for single family residential development of urban character”. This zone permits one single-family dwelling (with a secondary suite if desired) with a maximum height of 10.4 metres and two storeys. A basement is permitted for the single family dwelling and is not considered a storey.

The zoning bylaw defines a basement as:

Page 41 of 113 BASEMENT means a level or levels of a building located below the first storey and having a ceiling elevation of no more than 1 metre (3 feet) and no less than 0.6 metres (2 feet) above the adjacent finished grade.

The front portion of the lowest proposed level of the house will have a ceiling elevation greater than 1 metre above the adjacent finished grade and this lower level cannot be considered a basement according to the above definition. Not being a basement, it must be considered a storey. As the proposed design will also have two full storeys above this lower level, the dwelling is considered to have three storeys according to the definitions in the zoning bylaw.

The R1 zone permits a single-family dwelling to have a maximum height of 10.4 metres (34 feet) from the surrounding average natural grade, and a maximum of two storeys within that height. The proposed design meets maximum height requirements (the applicant has indicated that the proposed height is approximately 30 feet (9.1 metres)) but requires a variance to permit the additional proposed storey.

It is worth noting that the definition of basement was changed in early 2019 with the adoption of Zoning Amendment Bylaw No. 1222, 2016. The previous definition permitted walkout basements in the form that is seen on many adjacent properties. These building permits were granted under the permissions of the previous definition of basement prior to April 9th, 2019.

No other variances have been requested outside of the additional storey, and the proposed design meets maximum height requirements. The variance would permit the habitable use of the lowest proposed storey.

Internal Criteria An internal evaluation of criteria is undertaken by staff to review the merits of DVPs from an overall neighbourhood perspective. This process helps improve the transparency of the criteria being evaluated and helps to maintain the integrity of the Zoning Bylaw regulations by considering the interests and impacts on the neighbouring properties. Table 1 considers how DVP 06-21 would address these criteria.

Criteria DVP 06-21 Preserves the form and character of a The subject property is in a residential area that has been street, area or neighbourhood. developed with similar lots and dwellings. Many of the existing dwellings have similar walkout basements, and the proposed variance would not alter the existing form and character of the area. Considers the protection and Construction of the proposed dwelling will likely required some site preservation of natural features and preparation and clearing of shrubbery and small trees, but the functions, including ecological variance under consideration is not anticipated to add to that and functions and topography of the lot, may reduce overall site grading requirements. There are no reducing the need for major site environmental Development Permit Areas that impact the property. preparation. Design and siting should account for Staff do not anticipate any changes to overall solar exposure solar exposure to public and private associated with the variance. spaces thereby decreasing building energy requirements. Creates superior siting with respect to The proposed dwelling conforms to all required lot line setbacks privacy. and is within the maximum permitted height. No privacy issues to neighbouring properties have been identified associated with this 4

Page 42 of 113 variance.

Enhances views from neighbouring No changes are anticipated as a result of this variance. properties. Allows for flexibility in building design The variance permits a reasonable change to permitted building without impact to neighbouring design and is not anticipated to impact neighbouring properties. properties. The result of the variance will primarily be confined to the interior of the house (make lower floor habitable and not empty) and the proposed design is not expected to change at this point. Input from neighbouring properties is solicited through the notification process.

Community Engagement and Consultation As per the requirements of the Local Government Act and the Land Use and Procedures Bylaw 899, 2002, notices were mailed and hand delivered to surrounding neighbours within a 60 metre radius of the subject property on May 14th, 2021. Any correspondence received by staff from interested neighbours will be made available to Council at the May 25th, 2021 Regular Council meeting.

CONCLUSION

The applicant would like to vary the District of Tofino Zoning Bylaw No. 770, 1997 to allow for a proposed single-family dwelling to have three storeys instead of the maximum permitted two. This Development Variance Permit is necessary prior to the issuance of a Building Permit for the dwelling to be constructed as proposed. Staff recommend that Council approve the requested variance for the following reasons:

 The variance will not disrupt the general form and character of the area;  The variance may reduce the need for overall lot grading and site preparation;  The variance will not result in any exterior change to the appearance of the building and is designed to allow the lowest level to be made into habitable space; and  The variance is not anticipated to negatively impact neighbouring properties.

OPTIONS

1. Approve the permit 2. Approve the permit as amended 3. Refuse the permit 4. Defer or otherwise deal with the permit

Staff recommend Option 1.

Page 43 of 113 Respectfully submitted,

______Peter Thicke Planner 1 For Aaron Rodgers, Manager of Community Sustainability

Appendices: 1. Development Variance Permit 06-21 2. Exhibit “A” 3. Applicant Letter

Page 44 of 113

DEVELOPMENT VARIANCE PERMIT 06-21

TO: Eric Tranfield PO Box 1048 Tofino, BC V0R 2Z0

1. This Development Variance Permit is issued subject to compliance with all applicable District of Tofino Bylaws except as specifically varied by this Permit.

2. This Development Variance Permit applies to, and only to,

603 Pfeiffer Crescent, Tofino BC LOT 10 DISTRICT LOT 115 CLAYOQUOT DISTRICT PLAN VIP59031 PID: 018-813-429

3. The variance applies exclusively to the proposed single family dwelling described in Exhibit “A”.

4. To vary:

5. The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this Permit.

6. If the Permute or its successor(s) in title does not substantially commence any construction with respect to which this permit was issued within 2 years after the date it was issued, the Permit shall lapse.

7. Notice shall be filed in the Land Title Office that the land described herein is subject to this Permit.

8. The terms of the Permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the Permit.

9. This Development Variance Permit is not a Building Permit.

Authorizing resolution passed by Mayor and Council on XX day of XXXX, 2021.

Page 45 of 113 GENERAL NOTES: PFEIFFER BUILDINGAND CODE INFORMATION: d\II@*Q©)I‘ CRESENT - - @TE§ TQQE RAQTQR: I. design build live: CIVICADDRESS: 603 PFEIFFERCRESENT -ALLDIMENSIONSARE APPROXIMATE AND ARE THE RESPONSIBILITYOF THE LEGALDESCRIPTION‘ LOT IO, STRAT PO BOX I087 CONTRACTORTO PLANOF LOT G, FOR: REVIEW DISTRICTLOT I15. CLAYOOUOTDISTRICT.PLAN TOFINOBC, VOR2ZD VERIFY ALLOUALITIES.DIMENSIONS,SIZES.LOADS.ETC. PRIOR TO ANY CONSTRUCTION vII>59o3I VPLANSSUPPLIED ARE BASED ON A LEVELLOTUNLESSOTHERWISENOTED ZONING" -EXTERIOR SINGLE FAMILYRESIDENTIALR-I DIMENSIONSARE TO OUTSIDEOF FRAMINGU,O.N. [email protected] DIMENSIONS TAKE PRECEDENTOVER SCALE 603 PFEIFFERCESENT PROPERTYTOTALS: Tran: gsloggggg; wIIvw.necIardesIgn.ca ~ IT new IS THE RESPONSIBILITYOF THE PRODUCTSUPPLIER TO VERIFY EXACTSIZES, LOT QUANTITIES TOFINO, BC VOR 220 AREA: so M I72oosI) FLOORAREA covenmsz: AND DIMENSIONSPRIOR TO ANY MANUFACTURING. so MII332sI) TOTAL LOTCOVERAGE‘ 25°/. 15.5% -THE CONTRACTORWILLBE RESPONSIBLEFOR OBTAININGALLNECESSARY PERMITS DATE: MARCHSIST, 2021 AND PRINCIPAL INSURANCES. PFEIFFER CRESENT nssuusnca ream TYED: PROP0§ED: TOTALsaunas FOOTAGE. :Ias9.44sI —CONTRACTORIS RESPONSIBLE FOR MAINTAININGA SAFE WORK SITE AT ALLTIMES. -CONTRACTORMUST GROSS noon AFIEA: COMPLYWITH WORKSAFEREGULATIONS. LOTCOVERAGE. -DESIGNERASSUMES NO LIABILITYFOR ERRORS AND OMISSIONS EDGE OF PAVEMENT noon AREA RATIO: MAXIMUM QENERALNOTES: BUILDINGHEIGHT: I0.4M I34II; 34' 3 U8" (BASEMENT To RIDGE) TOTAL noon AREA RATIO: -BUILDERICONTRACTORTO ENSURE ALL WORKMANSHIP AND MATERIALSCONFIRMS MUNICIPAL WITH CODE AND BC BUILDINGCODE (BCBC)2015 ACCESSORY -ANY BUILDINGS PEHIIIITTEQ: PROPQSED: DISCREPANCIESBETWEEN THESE DRAWINGSAND BCBC2015, THE ECBC 2?I8 TOTAL SF SHALLTAKEPRECEDENT. snsu: an. COVERAGESHED. -ANY STRUCTURALASPECTS OF THIS PROJECT OUTSIDEOF SECTION09 OF THE BCEC FLOORAREA FIATIO 2015 MUSTBE PREFORMED BY A CERTIFIED STRUCTURALENGINEER MAXBUILDINGHEIGHT SHED: CONTRACTOR SHALLVERIFY ALLDIMENSIONSAND MATERIALS SHOWN ON DRAWINGS BEFORE PROCEEDING. ssrmcxs: FIE.sum PLAN -CONTRACTORSHALLCHECKALLEXISTINGGRADESAND LOCATIONSOF CITY SERVICES PRIOR TO CONSTRUCTION. DIMENSIONS TAKE PRECEDENCEOVER SCALE -DESIGNERASSUMES NO LIABILITYFOR ERRORS AND OMISSIONS -CONTRACTORMUST ADHERE TO ALLNEW REVISIONSOF THE BCBC

D GENERALFRQINGNOTES: < O a: -ALLSTRUCTURAL FRAMINGTO BE SPF NO. 2 K.D U.O.N. .4 -ALLHEADERS2-2X10 U.O.N. m > -PROVIDE 2X10 FLOOR SOLID BLOCKINGBEHINDFIXTURES ALONGPLUMBINGWALLS. 4 ~ALL2X10 FLOOR cc JOIST SPANS TO HAVE2X2 CROSS BRIDGING@ 7'-()'' MAX.SPACING. :5 -PLACE DOUBLEJOISTS UNDERALLPARALLEL PARTITIONS. -INSTALLALLFLOORJOISTS CROWN UP ~LINTELSINBEARINGWALLS SHALLBE2 2X10 U.O.N INDEX: -SUPPLY AND INSTALLWOOD FRAMINGTO MIN.GRADEAS FOLLOWS:

STUDS.RAFTERS AND POSTS SPRUCE/PINE/FORNO.2 OR BTR my BIJEMEV‘ PAGE I: CATEGORIES PAGE DESCFIITPION FLOOR JOISTS' SPF NO.2 OR BTR /_ ET PAGES uszn GENERALFURRINGAND BLOCKING.STD OR GROUP B SPECIES 5 TI .— TITLEPAGES E.U. BEAMS AND HEADERS: HEM. FIRNO.2 OR BTR TI .01 TITLEPAGE.SITE mm A1.-- FLOORPLANS ~FLOORJOISTS SHALL HAVE BRIDGINGROWS @ 7'-D“MAX 0.0. A1.I1I FOIINDAHON -FLOORAREAS TO BE FINISHED WITHSHEET VINYLOR CERAMICTILES TO HAVE MIN. 1/4" A1.02 CONSTRUCTIONPLANS PARTICLE BOARDAPPLIED OVER SUBFLOOR AL03 BASEMENT,ENTRY LEVEL -FLOOR SHEATHING SHALLBE 5/8‘ D. FIR TEG PLYWOODU.O.N. AL04 sacouo LEVEL.ROOF -WALL SHEATHINGSHALL BE I/2 EXT.GRADE SPRUCE PLVWOOD A2.- ELEVATIONS.SECTIONS -WOOD FRAMECONSTRUCTIONCLOSER THAN3" TO THE GROUND MUST BE PRESSURE A201 EXTERIORELEVATIONS,sscnous TREATED OR SEPARATED FROM THE CONCRETEWITH POLY TYPE ‘S' ROLL TYPE SECTIONS ROOFING.ENDS AND SIDES OF BEAMSFRAMINGINTOCONCRETEMUST BE PRESSURE ENLAFIGEDPLANS TREATED OR A I/2' AIRSPACE DETAILS PROVIDEDIF THE MEMBER IS BELOWGROUND LEVEL. Azm perms -ROOF SNOW BASED ON SSI .I)I

ProIecI PFEIFFER

Drawn By B;

sneeI SI'ze 2,, X 36 We D30! -2021 Revisions

For: Review

sheeI ?ne:

Tolle Page sue Plan

Page 46 of 113 Scale As Noted

Shem Number: T1.01 Site PIan 1/8‘ = 1'4)’ PARKING 36.58 36.58PVC PIPE PFIEFFER603‘SETBACKPROPERTYTOFINO,PFEIFFERLINELINEI «'2-Ta BCCRESENTVORCRESENTDFI220IVEWAY FLQQEPLAN N9155- asI ALLEXTERIORDIMENSIONSTO FACE OF STUD U.O.N I design - build - live ALL INTERIOR DIMENSIONSTO FACE OF STUD U.O.N. PO BOXI067 TOFINOEC. VORZZO

ELOQRPLAN KEV: [email protected] www.nsctardesiqn.ca

NOTES A POINTLOAD TVFICALFOUNDATIONWALL TVPICALINSULATEDEXTEHIOH WALL TVPICALINTEHIGHWALL FIHEWALL WINDOW TAG DOOR TAG

as’ - 0*

21593/4" 2‘ - 2 9/4' w2-»o-

Frame! PFEIFFER

Drawn By 5,: Sheet sue was Dale 0341-202! Revisions:

For Hewsw

Sheer ‘File.

Foundation

Page 47 of 113 scale As Noted I Foundanon V/4' = N7‘

Sheet Number: A1.01 PFIEFFER60339' - 0"TOFINO,PFEIFFERBCCRESENTVORCRESENT220 WEHEP _ FL HPL N TE. 1 ALL EXTERIORDIMENSIONS TO FACE or STUD U.O.N. L13. II»JV; -I '1 I II

ALLINTERIORDIMENSIONSTO FACE os srun U.D.N. I. de5'gn ' bum ' I've

PO sex 1057 TOFIND ac, von2213 F °“ PL " V" [email protected] www.necIardesIgn.ca -§— NOTES A POINT LOAD TVPICALFOUNDATIONWALL mm TYPICALINSULATEDEXTERIOR WALL I: TYPICALINTERIORWALL R FIHEWALL W wwnowTAG DOOH TAG

3s»o' ' ? 13'-0‘/2" 6'-‘I/4' 2‘-4‘/2 @ 21'-93/4' V4521/4' i 5210* B’-6' f sua- asuo- D I" f I Z 5nH~/ lgmj 1254" 9'—2 I/4" fa 41/2' I2'- I I/4* Z , §IA.+'C O 7'-21/r i M - H‘-21/E‘ E I H’-A7/8' i e'»27/5' L” X .—. U) U) ‘ N an T T c — — , I I q; . _ x A - u.I ' v —- » S - ICJCJ ._ , . r—§%*k- Q «3 -. , I I ‘(WHEN srunv — 5, ’f i o > I BEDROOM . BEDROOM ‘Q N v-’ ’ ' I ‘ ® 0 E ( ) 7’ . “’ 2 a, K in), C 2 LU CD I‘ I | I - I “ * -“ ' ' I 7 I 9‘ 7». ‘E’ \ 9 . LL 3 u.I '— N 3 O f? , 5 “ 3 _,I_ 6;: 5'-51/2' 5'-2" 224 1/2‘ 3 12-9‘ 9-! U4‘ L0‘-101/"2 9-9314" 3 II'~73I4" IIL Lu 2 ; 7 "' (£2'—73/4- — %-aw:I‘ ~ S .. I | I I. “- ~ ~ -.; I. “- I I o. ‘~. ~ ‘HI = . .' , I I g u.I 0 ' 3 W V Mscu _ 3 ‘ Q ‘ co . .: GARAGE 3 } '=> g “T” I. o .- . ‘R 3 « , C: 30 3* C 1* -4 1* | I go a M = :\m.~“ @ 9 m _ _ ~. ______I<~:> I _ ——~<_€ _ _ _ _ _ Ev)_ n. _@ _ J‘. _ LIVING A F. _ Ev -, , _I : @ *2 ~ 23 ’ 54 cm) I “ .Q , v 5 I . .. :, 3 §:I I ; = Y @ LAUNDRY/MUD o , E as ‘T 7 > . “’ ‘A 5 ‘V _‘ i” ~ ” T /-‘rm In L Q I Q,’ I E0 -. " " 5 I I BATHROOM / " ~ E1 ~ ~ § @ — ~23 War . ° I . W 7 ‘- m .@ ‘.5; “I in 2 K ;L at :3 _ , T4 > ' 7 g ~ ~ E’ 3' Fvment PFEIFFER .. . BEDROOM 3’ — ~ -‘ @5222: aeunoom -2 E a_ 5! ‘ 2 .' .‘ 0 vawn B 5' 9 9 v 5.; 3,_2_ H I E " SrIaeISIze ’\j’’‘' i 24x36 _‘; 4 V i E‘? ' We ; ’ > I 03-31202! " “ ' ' ' ' -' ' ~ N ix - +4: i-‘— - Rewsmns. I I I L‘-“-"”'”“*”'-'-"-”-'-:£."“' —@ 12'-3‘/2” 2'-4‘/2" 7'-V3/4' '74’/2' I\'-93/4' _}~ 17'-0" 3"?!/4' 4 n 4 . I5"93/4" as’-o“ % E < I I2'—53/4” 2.23/4' 1 I 2 I 21‘-31/2'

- 36 If ° I For. Hevlew

SheeI ‘File: j 27393635. f‘;>tj;,. Basement F53: Fusl Flam BASEMENT: 1332 son FIRST FLOOR’ 924 son Page 48 of 113 E scam As Named SheeI Numbev. A 1.03 FLOOR PLAN NO ES:

I\ /,~¢.“w «« ALLEXTERIOR DIMENSIONSTO FACE OF STUD U.O.N. 1 I II’I’ \xy»'£~_..~II-{Q57 ALL INTERIORDIMENSIONS TO FACEOF STUD U.O.N. I. design - build - live‘

PO BOX 1067 TOFINO EC, VOR 2Z0 FL%? PLAN §§V: [email protected] +— NOTES A POINT LOAD www.nscIardesIgn.ca I TVPICALFOUNDATIONWALL I TVPICALINSULATEDexremonWALL I_—_I TVPICALINTERIORWALL I FIREWALL <@> wwnowTAG @ noon TAG

. . I

I no-» 0- I 1 2‘‘'93’‘‘" ‘‘‘'2‘/‘’'' )9 T 2|‘-4|/4' 4u5I/2' 14'-2m" i V - ‘ 7-- 53/3" is‘ 5 1/2“ 7 H aIs- 5' - 27/3“ '

‘o LINE or WALL DECK Ed

— BELOW ‘ ————~—————— —® o «I _ u {C

MASTEFI

3'-13/4' I1‘-OI/2" I

7 POWDER ‘Y 4 . Ev

Ev ‘ ' 4*/12' ENSUITE —.:, :1 ‘? ;

‘ ' ‘O 3 PANTRY 2'0”

C ‘ ' ‘ G,

____:__.:__ :_ — o Ev Ar Pvoiect PFEIFFEFI KITCHEN Drawn By 3,;

Sheet Size 2.,x35 :» Dale 03-31 2021 DECK b ~ Rewsiuns:

—

— » + Q +— I

I 27‘. 0- 13' ' For I I I Renew l 40' - 0" I‘ ‘Sheet ‘rue: 2 Second Floor HODI

I Second Floor Page 49 of 113 I/4'= 1'0‘ 2 '‘‘°‘’,'9'5". SECOND FLOOR’ I IIa.44 sor-‘r "‘ ‘ ‘ 0 Scale As Nmed

Sheet Number: ‘A1.04

PFIEFFER603TOFINO,PFEIFFERBCCRESENTVORCRESENT2zo WI Necfor -- design - build - live

Profs!-'1 FFFFFFEH

Dravm?y B.F

Shoelsize 4x35

_ I Date oa 2021

A \

,5/'/'/v’//"-"' ‘ /kl /‘M 'r'»/’/ "W:N” 1‘‘ 9 WV.\‘‘\\\'\ .\‘\*\'-‘\\\\,“{\&§\>‘ /, M~// ‘H; ‘ .»‘.\w\‘\\\‘\~m\\\§~\\~\\— \ \_\\x\¥\\\\\;\\»\\ ‘ ‘ ‘ « r H - « xx‘ Fan ’é%__ Review

Sbeet?lle:

J 3DPerspecIivu

_‘_‘_‘____‘_ Page 50 of 113 Scale As ad

ShealNumber

PFIEFFER603TOFINOPFEIFFERBCCRESENTVORCRESENT220 Eric Tranfield April 8'", 2021 Board of Variance District of Tofino PO. Box 9, 121 Third Street Tofino, BCVOR2Z0

RE: 603 Pfeiffer Crescent, Tofino To the Board of Variance,

Thank you for the opportunity to present my variance request on my property at 603 Pfeiffer. Ifeel that the lots slope, the current form and character of my neighbourhood and the recent 2019 changes to the Tofino bylaw which redefined a basement will cause a hardship to the development of the property. The proposed variance is requested to vary the currently bylaw, stated under 8.6 of the R1 zoning regulations in the Tofino bylaw: The Height a of principal building shall not exceed 34’, nor two stories. I am requesting to vary that section to allow for three stories. The proposed variance will maintain the maximum 34’ building height but allowing for three stories to better utilize the natural slope of the lot. Proposed principal residence will be about 30’ tall.

The proposed variance is requested to utilize the existing, natural topography of the lot. The existing grade of the lot starts around 33 meters on the Pfeiffer side and ends at 38.5 meters at the top of the site. This is an 18’ elevation difference between the front of the site and the rear. The main entry of the house is designed to be level with the back side of the property in order to bring the parking to the rear yard. This puts the current entry level at 37.8m (124') which leaves a nearly 10’ height difference from the southern entry level of the house (37.8m) to the northern street level grade at the front of the house (3Sm). With the current bylaw, this 10' basement space must be considered a story due to the height being over 3‘ (BASEMENTmeans a level or levels of a building located below the first storey and having a ceiling elevation no more than of 1 metre (3 feet) and no less than 0.6 metres (2 feet) above the adjacentfinished grade). This is a burden to the property and home designs because it forces the house to lose an entire story to a below ground basement space. I am requesting to vary part 8.6 of the R1 zoning in the Tofino bylaw to allow for three habitable stories under 34’ to utilize the natural grade of the lot.

The property will be affected by pushing the main parking and entrance to the rear yard, leaving more space at the front yard for landscaping. If approved, the variance will also help limitthe amount of lot coverage by better utilizing the natural slope of the site with a lower habitable space under the structure vs to the side or back of the buildable area. The surrounding land will not be affected. The form and character of Pfeiffer is predominantly three level homes already, so the proposed variance is inline with existing homes in the neighbourhood.

Thank you again for the opportunity to present my variance request. Please reach out with any questions. Sincerely, 5:/Z EricTran ' Id

Page 51 of 113

District of Tofino REPORT TO COUNCIL

MEETING DATE 25/05/2021 TO Mayor & Council File No: C&C-02 BYL-01 1229.01 FROM Corporate Services

TITLE Meeting Procedure Amendments

RECOMMENDATION/REQUEST FOR DIRECTION

THAT “District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021” attached as Appendix 2 to the report titled “Meeting Procedure Amendments” dated May 25, 2021, be introduced and read a first, second and third time;

AND THAT staff be authorized to provide notice to the public in accordance with sections 94 and 124(3) of the Community Charter.

CAO’S COMMENTS

I concur with the recommendation of the Manager of Corporate Services.

EXECUTIVE SUMMARY

The purpose of this report is to introduce “District of Tofino Meeting Procedures Bylaw No. 1229.02, 2021”, per Council’s direction at the April 27, 2021 regular Council meeting to better facilitate electronic meetings once Provincial Health Orders and Ministerial Orders are no longer force, and to introduce the consent agenda as a new order of business and meeting tool to aid in time management and efficiency of meetings.

2021-2023 STRATEGIC PLAN

Strategic Plan Goal: Corporate Governance & Capacity.

Strategic Priority: Establish an organizational structure designed to support the levels of service needed to achieve our goals.

Page 52 of 113 FINANCIAL IMPACTS

Amendments to the Meeting Procedure Bylaw require two consecutive ads in the Westerly News at approximately $130.00 each.

BACKGROUND

In the Spring of 2021, staff began a review of the Meeting Procedures Bylaw in anticipation of eventual easing of Public Health Orders and subsequent changes to Ministerial Orders that allow for electronic Council meetings. Additionally, Council members have undergone several training sessions with a registered parliamentarian to discuss meeting procedures and best practices, at which several ideas were raised to better enable time management and efficiency during meetings resulting in the proposed solution of including a consent agenda in the order of business at regular meetings.

Section 124 of the Community Charter requires that Council establish, by bylaw, the general procedures to be followed by Council and Council Committees in conducting their business. From time to time, procedure Bylaws require review in order to comply with changes to District practice, consider provisions from other jurisdictions, and improve the Bylaw’s readability and application.

On April 27, 2021, Council passed Resolution No. 191/21:

“THAT Staff be authorized to bring forward amendments to “District of Tofino Meeting Procedures Bylaw No. 1229, 2016” regarding electronic participation and a consent agenda, as described in the report titled “Procedure Bylaw Amendments” dated April 27, 2021.”

DISCUSSION

This report serves to introduce District of Tofino Meeting Procedures Bylaw No. 1229.02, 2021, as presented by staff and directed by Council on April 27, 2021.

COMMUNICATION

Before the adoption, amendment, or repeal of a municipal procedure bylaw, notice must be given to the public describing the proposed changes in general terms. Notice will be given by newspaper, email and social media.

Respectfully submitted,

______Nikki Best, Manager of Corporate Services

Appendices: 1. District of Tofino Meeting Procedures Bylaw No. 1229, 2016 (Consolidated) 2. District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021 2

Page 53 of 113

CORPORATION OF THE DISTRICT OF TOFINO

District of Tofino Meeting Procedures Bylaw No. 1229, 2016

Consolidated for Convenience Only

This is a consolidated version of the parent bylaw that incorporates changes made pursuant to the following amendment bylaws:

Amendment Bylaw Effective Date

Bylaw No. 1229.01, 2019 June 25, 2019

This consolidation is for convenience and reference purposes only. Persons making use of this consolidated version of Bylaw No. 1229, 2016 are advised that it is not a legal document. For the purposes of interpreting and applying the law, the original Bylaw No. 1229, 2016 and all amending bylaws must be consulted.

Bylaw numbers appearing in the margin of this consolidated version refer to the applicable amendment bylaw.

Page 54 of 113

PART 1 – INTRODUCTION ...... 5 1. Name, Purpose, Changes ...... 5 2. Definitions ...... 5 3. Rules of Procedure - Application, Reference, Suspension ...... 8 PART 2 – ROLES AND RESPONSIBILITES OF COUNCIL ...... 9 4. Council as Governing Body ...... 9 5. Powers Exercised by Resolution or Bylaw ...... 9 6. Responsibilities of Council Members ...... 9 7. Responsibilities of Mayor ...... 10 8. Designation of Acting Mayor ...... 10 9. Duty to Respect Confidentiality ...... 10 10. Conflict of Interest ...... 11 PART 3 – MEETINGS GENERALLY ...... 11 11. Location of Meetings ...... 11 12. Quorum Requirements ...... 11 13. Open Meeting Requirement ...... 12 14. Closed Meeting - Basis, Procedures, Attendance, Minutes ...... 12 15. Electronic Participation in Meetings ...... 13 16. General Voting Rules ...... 14 17. Agenda and Minutes - Office Responsible for Preparation ...... 15 18. Minutes - Maintained and Available to Public ...... 15 PART 4 – COUNCIL MEETINGS ...... 15 19. Inaugural - Date, Time, No Quorum ...... 15 20. Regular Council/COTW - Date, Time, Changes, Cancellations ...... 16 21. Annual Meeting Schedule and Notice ...... 16 22. Special Council - Purpose, Call, Notice, Electronic ...... 17 23. Special COTW ...... 18 24. Agendas - Preparation, Deadlines, Council Member Submissions ...... 18 25. Agendas - Classes of Business and Order ...... 19 PART 5 – COUNCIL MEETING RULES AND PROCEDURES ...... 19 Division 1 - Control of and Conduct at Meetings ...... 19 26. Presiding Member/Chair - Appointment, Responsibilities ...... 19 27. Conduct of Members ...... 20 28. Conduct of Public Gallery ...... 20

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 2 of 48

Page 55 of 113

29. Rules for Participating in Meetings ...... 21 30. Enforcement of Meeting Rules - By Chair and Members ...... 22 31. Appealing Presiding Member/Chair’s Ruling ...... 23 32. Question of Privilege ...... 23 Division 2 - General Meeting Procedures ...... 23 33. Opening - Call to Order, No Quorum ...... 23 34. Order of Business - Changes, Late Items, Approve Agenda ...... 24 35. Voting – Calling the Question, Vote, Results ...... 25 36. Adoption of Minutes ...... 26 37. Reports to Council ...... 26 38. Public Input – Comment Agenda Items, Delegations, Question Period .... 26 39. Correspondence and Petitions ...... 29 40. Business Initiated by Council Members - Notice of Motion/Motion ...... 29 41. Recess and Adjournment of Meeting ...... 29 Division 3 – Motions ...... 30 42. Main Motions/Resolutions ...... 30 43. Secondary Motions ...... 30 44. Motions that Bring Question Back ...... 30 45. Handling Motions – Introduction, Withdrawal, Division, Closing Debate ... 31 46. Amending Motions – Primary, Secondary, Friendly ...... 31 47. Reconsideration - Bringing Back Main Motions ...... 32 PART 6 – PUBLIC HEARINGS ...... 32 48. Opportunity to be Heard ...... 32 49. Order of Business ...... 32 50. Procedures ...... 33 PART 7 – BYLAWS ...... 33 51. Voting – Generally, No Closed Meeting Votes ...... 33 52. Copies to Council Members ...... 33 53. Form and Motions ...... 34 54. Readings and Adoption ...... 34 55. Changes Before Adoption ...... 35 56. Must be Signed and Available to Public ...... 35 57. Force and Effect ...... 35 58. Changing and Repealing Adopted Bylaws ...... 35 PART 8 – COMMITTEE OF THE WHOLE ...... 36

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 3 of 48

Page 56 of 113

59. Composition, Role, Presiding Member ...... 36 60. Application of Other Provisions ...... 36 PART 9 – COUNCIL COMMITTEES AND COMMISSIONS ...... 36 61. Establishment...... 36 62. Duties – Council Committees and Commissions...... 37 63. Presiding Member ...... 37 64. Participation – Non-members ...... 37 65. Meetings – Schedule, Changes, Cancellations, Notice ...... 37 66. Agendas – Preparation, Order of Business, Late Items Changes ...... 38 67. Application of Other Provisions ...... 38 PART 10 - GENERAL ...... 39 68. Severability and Repeal ...... 39 Schedule ‘A’ – CONFLICT OF INTEREST ...... 40 Schedule ‘B’ - ELECTRONIC PARTICIPATION ...... 41 Schedule ‘C’ – CLOSED SESSIONS ...... 42 Schedule ‘D’ - RECONSIDERATION ...... 44 Schedule ‘E’ – SECONDARY MOTIONS ...... 45

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 4 of 48

Page 57 of 113

DISTRICT OF TOFINO

BYLAW NO. 1229, 2016

A bylaw to establish rules of procedure for District of Tofino Council meetings and meetings of District committees, commissions and other bodies

WHEREAS under section 124 of the Community Charter a council must, by bylaw, establish general procedures for conducting its business and the business of council committees;

AND WHEREAS the Council of the District of Tofino wishes to establish rules of procedure to regulate Council meetings and the meetings of Council committees, commissions and other District bodies;

NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows:

PART 1 – INTRODUCTION

1. Name, Purpose, Changes

(1) The name of this Bylaw for citation purposes is the “District of Tofino Meeting Procedures Bylaw No. 1229, 2016”.

(2) The purpose of this Bylaw is to establish rules and procedures to regulate Council Meetings and, to the extent applicable, meetings of the COTW, Council Committees, Commissions, the Board of Variance and Other District Bodies.

(3) To the extent of any inconsistency between this Bylaw and the Community Charter, Local Government Act or any other applicable legislation, the Acts prevail.

(4) In keeping with the Community Charter’s principles of openness and accountability, this Bylaw cannot be amended or replaced without first giving public notice in accordance with section 94 of the Community Charter.

2. Definitions

(1) In this Bylaw:

Act means an Act of the British Columbia Legislature, whether referred to as a statute or by any other name, and includes the Community Charter and Local Government Act;

Acting Mayor means the Councillor designated under section 8 to act in place of the Mayor when the Mayor is absent or otherwise unable to act, or when the Office of the Mayor is vacant;

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 5 of 48

Page 58 of 113

Acting Mayor Schedule means a schedule of when each Councillor is to serve as Acting Mayor on a rotating basis for the period January 1 to December 31. The Acting Mayor Schedule for an upcoming year is approved by Council in accordance with section 8;

Agenda means a list of the items of business to come before a Meeting;

Agenda Package means the Agenda and any associated reports, bylaws or other documents;

Annual Meeting Schedule means a schedule of the date, time and place of Regular Council and Regular COTW Meetings for the period January 1 to December 31. The Annual Meeting Schedule for an upcoming year is approved by Council and made publically available in January in accordance with section 21;

Board of Variance means the District of Tofino’s Board of Variance consisting of three (3) members appointed by Council for the purpose of hearing appeals under section 901 (2) of the Local Government Act. The Board of Variance functions independently of Council and its decisions under section 901 (2) of the Local Government Act are final;

Chair means a person who has authority to preside over a Meeting and is also known as the Presiding Member;

Closed Session means that portion of a Meeting closed to the public in accordance with section 14;

Commission means a District of Tofino Commission established and its members appointed by Council;

Corporate Officer means the District of Tofino’s appointed Corporate Officer and his or her deputy;

Committee of the Whole (COTW) means a committee comprised of all Council Members that meets to consider, but not decide, matters of District business. The COTW sits in a deliberative capacity only and must forward its recommendations to Council for consideration;

Committee of the Whole (COTW) Meeting means: (a) a Regular COTW Meeting; and (b) a Special COTW Meeting.

Council means the District of Tofino Council;

Council Committee means: (a) a Standing Committee of Council; (b) a Select Committee of Council; or (c) any other body established by Council composed solely of Council members, but does not include the COTW;

Council Meeting means: (c) an Inaugural Council Meeting;

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 6 of 48

Page 59 of 113

(d) a Regular Council Meeting; and (e) a Special Council Meeting

Council Member means the Mayor or a Councillor;

Councillor means a person who currently holds office as a District of Tofino Councillor;

District means the Corporation of the District of Tofino;

Improper Conduct means any action by a person at a Meeting which, in the opinion of the Presiding Member/Chair, intimidates, threatens, harasses, obstructs or physically injures any other person and includes the refusal to follow any directions of the Presiding Member/Chair;

Inaugural Council Meeting means the first Regular Council Meeting following a general local election;

Majority Vote means a majority of the Members present at a duly convened meeting, being a Meeting where Quorum and notice requirements are met;

Mayor means the person who currently holds office as the District of Tofino's Mayor;

Meeting means a Council Meeting or a meeting of the COTW or any Council Committee, Commission, the Board of Variance or Other District Body;

Member means a Council Member or any member of a Council Committee, Commission, the Board of Variance or Other District Body;

Motion includes a resolution;

Office of Primary Responsibility means the District department responsible for preparing the Agenda and minutes of a Council Committee, Commission, the Board of Variance or Other District Body, and the department from which a Staff Liaison is appointed;

Other District Body means: (a) any advisory body established by Council; (b) a parcel tax roll review panel established under section 204 of the Community Charter; (c) any body prescribed by regulation.

Presiding Member means the Mayor, Acting Mayor or other Member who presides over a Council Meeting or a meeting of any Voting Body, and is also known as the Chair;

Public Notice Posting Place means the notice board in the Municipal Office and, optionally, the District’s website;

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 7 of 48

Page 60 of 113

Quorum is the number of Members who must be present to conduct business, being a majority of the Voting Body’s members, except as otherwise provided in section 12;

Recording Secretary means the person responsible for taking minutes at a meeting of the COTW or any Council Committee, Commission, the Board of Variance or Other District Body;

Regular Committee of the Whole Meeting means a COTW meeting listed in the Annual Meeting Schedule;

Regular Council Meeting means a Council meeting listed in the Annual Meeting Schedule;

Select Committee means a committee established and the members appointed by Council under section 142 of the Community Charter for a specific (select) purpose. Select Committees consider, inquire into, report and make recommendations to Council on matters referred by Council. At least one member of a select committee must be a Council Member;

Special Committee of the Whole Meeting is a COTW meeting other than a Regular COTW Meeting that is called in accordance with section 23;

Special Council Meeting is a Council meeting other than a Regular Council Meeting that is called in accordance with section 22 to consider Urgent Business;

Staff Liaison means the staff member from the Office of Primary Responsibility assigned to prepare Agendas and minutes for a Council Committee, Commission, the Board of Variance or Other District Body;

Standing Committee means a committee established and the members appointed by the Mayor under section 141 of the Community Charter for matters the Mayor considers would be better dealt with by committee. At least half the members of a standing committee must be Council Members;

Unanimous Consent means an informal way of taking a vote, used only for routine and non-controversial decisions of a procedural nature;

Urgent Business is business of a time sensitive nature that requires Council’s immediate consideration before the next Regular Council Meeting;

Voting Body means Council, the COTW or a Council Committee, Commission, the Board of Variance or Other District Body;

(2) Definitions in the Community Charter and Local Government Act apply to this Bylaw and supersede any Bylaw definitions that conflict.

3. Rules of Procedure - Application, Reference, Suspension

(1) This Bylaw applies to Council Meetings and, as much as practical, to meetings of the COTW, Council Committees, Commissions, the Board of Variance and Other District Bodies.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 8 of 48

Page 61 of 113

(2) The District’s parliamentary authority is the most recent edition of Robert’s Rules of Order Newly Revised (RRONR), which will apply where the Community Charter, Local Government Act and this Bylaw are silent, and then only to the extent that RRONR is applicable to the situation. Rules are used to facilitate progress and are to be applied in a spirit of fairness, equality and common sense. Where the relevance or applicability of RRONR is disputed, the Chair shall make a determination, subject to an appeal to Council under section 30.

(3) The rules of procedure may be temporarily suspended by a Majority Vote or Unanimous Consent, except for those that originate from provisions in the Community Charter, Local Government or any other Act.

PART 2 – ROLES AND RESPONSIBILITES OF COUNCIL

4. Council as Governing Body

(1) The governing body of the Corporation of the District of Tofino is its Council whose members are the Mayor and Councillors elected, or otherwise appointed, in accordance with the Community Charter and Local Government Act.

(2) The District of Tofino Council is a continuing body that may complete any proceedings started, but not completed, before a change in membership.

5. Powers Exercised by Resolution or Bylaw

(1) Council may only exercise its power and authority by resolution or by bylaw at a duly convened Council Meeting, being a meeting where Quorum and notice requirements are met.

(2) Where an Act requires or authorizes Council to exercise a power: (a) by bylaw, that power may only be exercised by bylaw; (b) by resolution, that power may also be exercised by bylaw.

6. Responsibilities of Council Members

(1) Each Council Member has the following responsibilities: (a) to consider the well-being and interests of the Corporation of the District of Tofino and its community; (b) to contribute to the development and evaluation of policies and programs in respect of District services and activities; (c) to participate in Council Meetings and meetings of the COTW, Council Committees or other bodies the Council Member is appointed to; and (d) to carry out other duties assigned by Council or assigned under the Community Charter or any other Act.

(2) Any Member who is absent from Council Meetings for 60 consecutive days or four (4) consecutive Regular Council Meetings, whichever is longer, is disqualified from holding office in accordance with section 125 of the Community Charter. This disqualification does not apply where the absence is because of illness or injury, or is with the prior leave of Council.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 9 of 48

Page 62 of 113

7. Responsibilities of Mayor

The Mayor is the head and Chief Executive Officer of the District. In addition to the responsibilities he or she has as a Council Member, the Mayor is responsible for: (a) providing leadership to Council, including by recommending bylaws, resolutions and other measures that, in the Mayor’s opinion, may assist the peace, order and good government of the District; (b) communicating information to Council; (c) presiding at Council Meetings when in attendance; (d) providing, on behalf of Council, general direction to District officers regarding the implementation of municipal policies, programs and other directives of Council; (e) establishing Standing Committees in accordance with section 141 of the Community Charter; (f) suspending municipal officers and employees in accordance with section 151 of the Community Charter; (g) reflecting the will of Council and carrying out other duties on Council’s behalf; and (h) carrying out other duties assigned under the Community Charter or any other Act.

8. Designation of Acting Mayor

(1) On or before the first Regular Council Meeting in December, the Corporate Officer must submit for Council’s approval the Acting Mayor Schedule for the upcoming year, which shall provide for each Councillor to serve as Acting Mayor on a rotating basis when the Mayor is absent or otherwise unable to act, or when the Office of the Mayor is vacant.

(2) In addition to presiding at Council Meetings, the Acting Mayor shall assume the powers, duties and responsibilities of the Mayor between meetings. If both the Mayor and Acting Mayor are absent or otherwise unable to act, the next available Councillor on the Acting Mayor Schedule shall serve until such time as the Mayor or Acting Mayor is in attendance or otherwise able to act.

(3) Despite subsection (1), if the Office of the Mayor becomes vacant, Council may designate a Councillor to serve as Acting Mayor until such time as a person is elected or otherwise appointed as Mayor.

9. Duty to Respect Confidentiality

(1) Unless Council specifically authorizes otherwise, all current and former Council Members must: (a) keep in confidence any confidential District record until it is released publicly, as authorized or required by law; and (b) keep in confidence information considered during any part of a Council, COTW or Council Committee Meeting that was closed to the public (Closed Session) in accordance with section 14, until the information is either released to the public or discussed at a meeting open to the public.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 10 of 48

Page 63 of 113

(2) If the District suffers loss or damage because a person contravenes this section, and the contravention was not inadvertent, the District may recover damages from that person.

10. Conflict of Interest

(1) In keeping with the Community Charter’s principles of openness and accountability, Council Members are expected to maintain ethical standards appropriate to their public office and not use their powers for personal gain. Members are expected to declare any conflict of interest promptly and remove themselves from a meeting of any body referred to in subsection (2) while the matter is being discussed or voted on, and not attempt in any way to influence decision-making during and between meetings.

(2) The entitlement of a Council Member to discuss and vote on a matter at a: (a) Council Meeting; (b) COTW Meeting; (c) Council Committee meeting; (d) Commission meeting; and (e) meeting of any other body referred to in section 93 of the Community Charter is governed by Part 4, Division 6 of the Community Charter [conflict of interest]. For convenience, the rules and procedures for disclosing and managing conflict at Meetings are attached as Schedule “A”.

PART 3 – MEETINGS GENERALLY

11. Location of Meetings

(1) All Council meetings must be held in the District of Tofino Municipal Office, unless Council passes a motion to hold its meetings elsewhere in the municipality. The motion to hold a meeting in a location other than the Municipal Office may be passed at the start of the meeting, provided notice is given in accordance with section 21.

(2) In this section, a Council meeting means: (a) an Inaugural Council Meeting; (b) a Regular Council Meeting; (c) a Special Council Meeting; (d) a COTW Meeting; (e) a public hearing; and (f) a business licence hearing.

(3) This section applies to meetings of: (a) Council Committees; (b) Commissions; (c) the Board of Variance; and (d) Other District Bodies.

12. Quorum Requirements

Quorum is the number of members who must be present at a meeting to conduct business:

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 11 of 48

Page 64 of 113

(a) in the case of a Council Meeting, quorum is a majority of Members based on Council size under section 118 of the Community Charter, unless an order is issued under section 129 of the Community Charter reducing that number; (b) in the case of a COTW meeting or a meeting of a Council Committee, Commission or Other District Body, quorum is a majority of the respective Voting Body’s members, unless an Act provides otherwise.

13. Open Meeting Requirement

(1) All meetings must be open to the public who may observe and participate in accordance with sections 27 and 38, except for that part of a meeting closed to the public under section 14.

(2) For certainty, and in keeping with the Community Charter’s principles of openness and accountability, the decision-making process of Council must not be materially advanced at private meetings not advertised or open to the public. Sessions held for the purpose of training or educating Council members are deemed not to be Council meetings for the purpose of this Bylaw and may be held privately.

(3) In this section, a Council meeting means: (a) an Inaugural Council Meeting; (b) a Regular Council Meeting; (c) a Special Council Meeting; (d) a COTW meeting; (e) a public hearing; and (f) a business licence hearing.

(4) This section applies to meetings of all bodies referred to in section 93 of the Community Charter including, without limitation: (a) Council Committees; (b) Commissions; (c) the Board of Variance; and (d) Other District Bodies.

14. Closed Meeting - Basis, Procedures, Attendance, Minutes

(1) In accordance with section 90 of the Community Charter, part of a meeting: (a) may be closed to the public if the matter(s) being considered falls within section 90 (1) of the Community Charter; and (b) must be closed to the public if the matter(s) being considered falls within section 90 (2) of the Community Charter. For convenience and reference purposes, section 90 of the Community Charter [meetings that must and may be closed to the public] is attached as Schedule ‘C’.

(2) Closed Sessions will ordinarily take place at the end of a Council Meeting immediately after the question period. Prior to closing a meeting to the public, Council must state in open session: (a) that the meeting is to be closed; and (b) the basis for closure under section 90 of the Community Charter.

(3) When discussion of Closed Session matters is complete, Council will return (rise) to open session, either with or without report. In keeping with the Community

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 12 of 48

Page 65 of 113

Charter’s principles of openness and accountability, the Corporate Officer must prepare annually each December, for Council’s consideration, a list of all closed session motions that have not subsequently been released to the public.

(4) If the only matters being considered at a Council Meeting fall within subsection (1), the entire meeting may be closed to the public provided the requirements and procedures of subsection (2) are followed.

(5) Information considered in closed session must be kept confidential by all current and former Council Members, in accordance with section 9.

(6) At the sole discretion of Council, municipal officers and employees may be present at, or excluded from, closed sessions. A person other than a municipal officer or employee may attend a closed session as follows: (a) in the case of a matter that must be closed under section 90 (2) of the Community Charter, if Council considers this necessary and the person: (i) already has knowledge of the confidential information, or (ii) is a lawyer attending to provide legal advice; and (b) in all other cases, where Council considers it necessary.

(7) Closed session minutes must record the names of all persons in attendance.

(8) This section applies to meetings of all bodies referred to in section 93 of the Community Charter including, without limitation: (a) the COTW; (b) Council Committees; (c) Commissions; (d) the Board of Variance; and (e) Other District Bodies.

15. Electronic Participation in Meetings

(1) In this section, electronic participation in a meeting means participating by: (a) telephone; (b) audio-conferencing; (c) video-conferencing; or (d) other communications technology that provides for meeting participants to: (i) hear one another; or (ii) see and hear one another and any members of the public in attendance to: (iii) hear; or (iv) see and hear any Member participating electronically.

(2) In accordance with this section and the rules and procedures outlined in Schedule ‘B’, up to two (2) Council Members may participate electronically in a Regular or Special Council Meeting provided that: (a) the Corporate Officer is notified at least 24 hours in advance; (b) the Presiding Member/Chair is physically present at the meeting; and (c) the Member participating electronically does not participate in those parts of the meeting closed to the public under section 14.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 13 of 48

Page 66 of 113

(3) Where more than two Council Members provide notice under subsection (2), requests will be considered in the order received to the maximum allowed under that section.

(4) Despite anything to the contrary in this Bylaw, a Council Member must not participate electronically in that portion of a Regular or Special Council Meeting where any of the following are under consideration: (a) public hearings held under section 464 of the Local Government Act; (b) heritage conversation hearings held under Part 15 of the Local Government Act; (c) hearings held in connection with an application for a: (i) development permit; (ii) development variance permit; or (iii) temporary use permit. (d) business licence hearings held under the Community Charter; (e) remedial action requirement hearings under the Community Charter; (f) any other hearings that provide opportunity for a person to make representations to Council; and (g) any late or other agenda items not circulated in advance as part of the Agenda Package.

(5) As far as reasonably practicable, this section applies to all Members, including those that are not Council Members, at meetings of: (a) the COTW; (b) Council Committees; (c) Commissions; (d) the Board of Variance; and (e) Other District Bodies

16. General Voting Rules

(1) Subject to subsection (2), and in accordance with section 123 of the Community Charter: (a) each Council Member has one vote on any question (motion) before Council; (b) each Council Member present at the time of a vote, must vote; (c) any Council Member who abstains from voting is considered to have voted in the affirmative; and (d) if the vote is equal for and against a question, the question is defeated.

(2) Voting rules on the question “Shall the ruling of the Chair be sustained?” are an exception to subsection (1) and are set-out in section 31.

(3) Unless otherwise provided by an enactment (Act, regulation or bylaw), a motion on a bylaw, resolution or other question before Council is decided by a majority of the Council Members present (Majority Vote).

(4) A requirement under an enactment (Act, regulation or bylaw) for an affirmative vote of a specified portion of all Council Members must be calculated based on the size of Council under section 118 of the Community Charter. Decisions requiring higher voting thresholds based on Council size include, but are not limited to: (a) waiving notice of a special Council meeting (unanimous);

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 14 of 48

Page 67 of 113

(b) dedication of park land or heritage properties (two-thirds majority); and (c) termination of an officer for no cause (two-thirds majority).

(5) This section applies to meetings of: (a) the COTW; (b) Council Committees; (c) Commissions; (d) the Board of Variance; and (e) Other District Bodies.

17. Agenda and Minutes - Office Responsible for Preparation

(1) Agendas and minutes of Council and COTW Meetings are to be prepared by the Corporate Officer in accordance with section 24.

(2) Agendas and minutes of Council Committees, Commissions, the Board of Variance and other District Bodies are to be prepared by the Office of Primary Responsibility in accordance with Part 9.

18. Minutes - Maintained and Available to Public

(1) Minutes of Meetings must be: (a) legibly recorded; (b) certified as correct by the Corporate Officer or Recording Secretary, as applicable; and (c) signed by the Member presiding over/chairing the Meeting, or the Meeting where the minutes are adopted.

(2) Meeting minutes, other than closed session minutes, must be available for public inspection at the Municipal Office within seven (7) business days of a request being submitted.

(3) This section applies to the meetings of all bodies referred to in section 93 of the Community Charter including, without limitation: (a) the COTW; (b) Council Committees; (c) Commissions; (d) the Board of Variance; and (e) Other District Bodies.

PART 4 – COUNCIL MEETINGS

19. Inaugural - Date, Time, No Quorum

(1) Following a general local election, the Inaugural Council Meeting must be held on the date and at the time specified in the Annual Meeting Schedule, which must be on a date within the first ten days of November.

(2) If, on the date specified in subsection (1), the number of Council Members who have taken office is less than Quorum, the Inaugural Council Meeting will be held at the call of the Corporate Officer as soon as reasonably possible after a Quorum of Council has taken office.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 15 of 48

Page 68 of 113

20. Regular Council/COTW - Date, Time, Changes, Cancellations Bylaw 1229.01, (1) After the Inaugural Council Meeting, Council must meet regularly on the dates and 2019 times specified in the Annual Meeting Schedule, except where such a meeting, to be known as a Regular Council Meeting, is subsequently cancelled or rescheduled in accordance with section 21. Bylaw 1229.01, (2) Council shall meet regularly as a COTW on the dates and times specified in the 2019 Annual Meeting Schedule, except where such a meeting, to be known as a Regular COTW Meeting, is subsequently cancelled or rescheduled in accordance with section 21.

(3) Regular Council and COTW Meetings shall not be scheduled: (a) on a statutory holiday; (b) during the week the Union of BC Municipalities’ holds its annual convention; and (c) during the two weeks in December the Municipal Office is closed, being the weeks in which December 25 and January 1 fall. Bylaw 1229.01, (4) Regular Council meetings shall be no longer than four (4) hours in length and 2019 Regular COTW meetings shall be no longer than three (3) hours in length, unless a motion to extend the meeting is passed by a two-thirds (2/3) vote of the Members present.

(5) Where a Regular Council Meeting agenda contains matters that require or allow the meeting to be closed to the public under section 14, the Closed Session shall take place at the end of the open session.

(6) The location of a Regular Council or COTW Meeting may be changed in accordance with section 11.

(7) A Regular Council or COTW Meeting may be cancelled: (a) by Council resolution; (b) by the Mayor; or (c) if there is insufficient business to warrant holding a meeting, by the Corporate Officer; provided that notice is given in accordance with section 21.

21. Annual Meeting Schedule and Notice

(1) On or before the first Regular Council Meeting in December, Council must establish a schedule of the date, time and place that Regular Council and COTW Meetings are to be held in the upcoming year, to be known as the Annual Meeting Schedule.

(2) The Annual Meeting Schedule must be made available to the public by posting a copy at the Public Notice Posting Place and, optionally, on the District’s website. Notice of the schedule’s availability must be provided annually on or before January 31, in accordance with section 94 of the Community Charter.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 16 of 48

Page 69 of 113

(3) The Annual Meeting Schedule may be amended by Council resolution provided the revised scheduled is made publicly available and notice of its availability given in accordance with this section.

(4) Where the start time or location of a Regular Council or COTW Meeting is changed, or is cancelled, in accordance with section 20, the Corporate Officer must give at least 24 hours advance notice: (a) to Council Members, by delivering a copy of the notice to each Member at their District of Tofino email account; and (b) to the public, by posting a copy of the notice at the Public Notice Posting Place, the regular meeting place and, optionally, on the District’s website.

22. Special Council - Purpose, Call, Notice, Electronic

(1) Special Council Meetings may only be held to consider Urgent Business.

(2) A Special Council Meeting may be called by the Mayor: (a) at his or her discretion; or (b) at the written request of two or more Councillors provided that notice is given in accordance with this section.

(3) A Special Council Meeting may be called by two or more Councillors if: (a) within 24 hours of receiving a written request under this section, the Mayor has not made arrangements to hold a meeting within the next seven (7) days; or (b) both the Mayor and Acting Mayor are absent or otherwise unable to act and provided that notice is given in accordance with this section.

(4) Notice of at least 24 hours describing, in general terms, the business to be transacted and the date, time and location of the Special Council Meeting must be given: (a) to Council Members, by delivering a copy of the Agenda Package to their District of Tofino e-mail account; and (b) to the public, by posting a copy of the notice at the Public Notice Posting Place, the meeting place and, optionally, on the District’s website.

(5) The notice of a Special Council Meeting must be signed: (a) by the Mayor or Corporate Officer, in the case of a meeting called by the Mayor; or (b) by the Councillors or Corporate Officer, in the case of a meeting called by two to more Councillors.

(6) In accordance with section 127 (4) of the Community Charter, notice of a Special Council Meeting may be waived by a unanimous vote of all Council Members. In keeping with the Community Charter’s principles of openness and accountability, the waiving of public notice shall be kept to a minimum and the reasons recorded in the minutes.

(7) In extraordinary circumstances, a Special Council Meeting may be conducted electronically by: (a) telephone conferencing; (b) audio-conferencing;

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 17 of 48

Page 70 of 113

(c) video-conferencing; or (d) other communications technology provided that: (i) participating Council Members can hear, or see and hear, one another; and (ii) the facilities enable the public to hear, or see and hear, participating Council members except for that part of a meeting closed to the public under section 14; and (iii) a municipal officer is present at the specified meeting place and provided notice; and (iv) any other requirements under section 128 of the Community Charter are met.

(8) For Special Council Meetings held under section (7), the rules and procedures outlined in Schedule ‘B’ shall apply, as applicable.

(9) Council Members may also participate electronically in Special Meetings in accordance with section 15.

23. Special COTW

(1) A Special COTW Meeting may be called by the Mayor provided at least 24 hours notice of the date, time and location of the meeting is given: (a) to Council Members, by delivering a copy of the Agenda Package to their District of Tofino e-mail account; and (b) to the public, by posting a copy of the notice at the Public Notice Posting Place, the meeting place and, optionally, on the District’s website.

(2) The notice of a special COTW meeting must be signed by the Mayor or Corporate Officer.

24. Agendas - Preparation, Deadlines, Council Member Submissions

(1) Council and COTW Meeting agendas are to be prepared by the Corporate Officer.

(2) Agenda items and materials for inclusion on a Regular Council or COTW Meeting agenda must be submitted to the Corporate Officer by 12 noon at least six calendar days before the meeting date. In calculating time, the first day (the day of the meeting) is excluded and the last day included.

(3) No later than 12 noon five calendar days before the meeting date, the Corporate Officer must make the agenda available: (a) to Council Members, by delivering a copy of the Agenda Package to their District of Tofino e-mail account; and (b) to the public, by posting a copy of the Agenda at the Public Notice Posting Place and, optionally, on the District’s website. In calculating time, the first day (the day of the meeting) is excluded and the last day included.

(4) Council Members may add motions or other agenda items to a Regular Council Meeting agenda by:

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 18 of 48

Page 71 of 113

(a) submitting the agenda items and materials to the Corporate Officer in accordance with subsection (2); (b) giving verbal notice of intent to introduce a motion in accordance with section 40; (c) in the case of Urgent Business, submitting a request to the Corporate Officer that a matter be introduced and approved as a late item (addenda) in accordance with section 34(3) no later than 12 noon the day before the meeting date.

(5) Council Members may add items to a COTW agenda in accordance with subsections 4 (a) and (c).

25. Agendas - Classes of Business and Order

(1) The agenda for all Regular Council and COTW meetings shall contain the classes of business outlined in section 34, in the order listed. The order of business may be varied and agenda items added, deleted or postponed in accordance with that section.

(2) The agenda for Special Council Meetings shall contain the same classes of business as a Regular Council meeting agenda, but only those items of business to come before the meeting shall be listed. The order of business at a Special Council Meeting may be varied and items added, deleted or postponed in accordance with section 34.

PART 5 – COUNCIL MEETING RULES AND PROCEDURES

Division 1 - Control of and Conduct at Meetings

26. Presiding Member/Chair - Appointment, Responsibilities

(1) The Presiding Member/Chair at a Council Meetings is: (a) the Mayor; (b) in the absence of the Mayor, the Acting Mayor; or (c) in the absence of both the Mayor and Acting Mayor, the next Councillor on the Acting Mayor Schedule that is in attendance. Where the Mayor or Acting Mayor joins a meeting already in progress, he or she shall preside upon arrival.

(2) If the Mayor wishes to vacate the chair for any reason during a meeting, he or she shall call upon the Acting Mayor to preside or, in the absence of the Acting Mayor, the next Councillor on the Acting Mayor Schedule that is in attendance.

(3) The Presiding Member/Chair is responsible for: (a) maintaining order and decorum at Council Meetings; (b) keeping a list of speakers and recognizing Council Members, District staff, delegations and other meeting attendees who, in accordance with this Bylaw, wish to address Council; (c) ruling on which Council member has a right to speak; (d) ensuring that all Council Members who wish to speak to a motion or an agenda item have spoken; (e) deciding points of order, subject to an appeal to Council under section 31;

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 19 of 48

Page 72 of 113

(f) deciding questions of privilege; (g) calling a Member or person to order; (h) ruling on whether or not a motion is out of order; (i) stating motions and announcing the outcome of votes; and (j) providing other leadership functions as necessary to conduct Council Meetings in an efficient and effective manner.

(4) The Presiding Member/Chair: (a) may make and second motions; (b) may participate in debate without vacating the chair; and (c) must vote under the same rules as Members, in accordance with sections 16 and 35.

(5) To the extent applicable and unless an enactment (legislation, regulation or bylaw) requires otherwise, this section applies to meetings of: (a) the COTW; (b) Council Committees; (c) Commissions; (d) the Board of Variance; and (e) Other District Bodies.

27. Conduct of Members

(1) Council Members are required to turn off cell phones, pagers or other audible devices during meetings and refrain from initiating or responding to text messages, e-mails or social networking messages.

(2) Respecting the stature of their public office and need to maintain a safe meeting environment, Council Members are required to maintain civility, courtesy and respect during meetings and shall refrain from: (a) making personal attacks; (b) using rude or offensive language; or (c) making rude or offensive gestures; whether directed toward another Member, District staff or other person.

(3) Where the Presiding Member/Chair is of the opinion that a Council Member is conducting themselves in an improper or unparliamentary manner, the Presiding Member/Chair may order the Member expelled from the meeting and, if necessary, to be removed by a member of the RCMP. An order issued under this section may be enforced as if it were a court order.

(4) If, through the Corporate Officer, an expelled Council Member advises the Presiding Member/Chair that he or she wishes to apologize: (a) the Presiding Member/Chair must so advise Council; and (b) Council, without debate and by a two-thirds (2/3) vote of the Members present, may: (i) pass a motion allowing the expelled Member to proceed to the public podium to apologize; and (ii) where an apology is permitted and made, pass a motion allowing the expelled Member to return to the meeting.

28. Conduct of Public Gallery

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 20 of 48

Page 73 of 113

(1) While observing Meetings or participating in accordance with section 38, members of the public are expected at all times to show due respect towards Council, its decision making processes and the public office held by its Members.

(2) During Meetings, members of the public shall: (a) maintain order and quiet, and not applaud or otherwise interrupt a Council Member or person addressing Council; (b) turn off or set to silent mode cell phones, pagers or other audible devices and, where a call must be received or placed, leave the meeting; and (c) refrain from vocal outbursts, rude or offensive language and any other disruptive or disrespectful behaviour that, in the Presiding Member/Chair’s opinion, constitutes Improper Conduct as defined in section 2.

(3) Unless authorized by the Presiding Member/Chair or Corporate Officer, members of the public are not permitted to enter the Council Members’ seating area.

(4) Any breaches of this section will be addressed by the Presiding Member/Chair who, after cautioning a person, may order them to leave the meeting and, if necessary, to be removed by a member of the RCMP. An order issued under this section may be enforced as if it were a court order.

29. Rules for Participating in Meetings

(1) At Council Meetings, Members shall address: (a) the Mayor as “Your Worship” or “Mayor “ or Mr./Madam Chair”; (b) Councillors as “Councillor “; and (c) District staff as “Mr. /Ms. “or by their official title (e.g. “The Manager/Director of “or “The Chief Administrative Officer”).

(2) Members wishing to speak or make a motion must first be recognized by the Presiding Member/Chair by raising their hand. Members are generally recognized in the order they seek the floor, however the Presiding Member/Chair maintains discretion to alternate between those in favour and those opposed to a matter under consideration. Where two or more Members wish to speak at the same time, the Presiding Member/Chair shall call on the Member who, in his or her opinion, first raised their hand.

(3) Members shall keep their comments germane to the matter at hand with questions to other Members, District staff or persons addressing Council ordinarily being directed through the Presiding Member/Chair.

(4) While a Member is addressing the Presiding Member/Chair or the Meeting, other Members shall remain quiet and not carry on private conversation.

(5) No Member shall interrupt another Member who is speaking except to raise: (a) a Point of Order, by stating the specific rule being breached; or (b) a Question of Privilege, by pointing to a specific issue that affects the welfare of Council, or a Member personally, that needs to be dealt with immediately (such as noises or other distractions).

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 21 of 48

Page 74 of 113

(6) While subsection (5) provides that a Member may interrupt a speaker to raise a point of order or question of privilege, this must not be done frivolously or when the breach of the rules is minor and causes no discernible harm.

(7) The mover of a motion is entitled to speak first, but not to conclude debate by speaking last. Movers and seconders are not limited to speaking or voting in favour of the motion.

(8) In recognition that procedural rules are used to facilitate progress, motions are not required to initiate discussion on an agenda item.

(9) Except where the Presiding Member permits otherwise, and subject to an appeal to Council under section 31, Members are entitled: (a) to speak up to two (2) times on the same matter or motion, each time for no longer than three (3) minutes inclusive of questions; (b) when asking a question, to ask one follow-up question within the time allotted; and (c) despite subsection (a), a Council Member who has moved a main motion may reply to debate for up to three (3) minutes.

(10) A Member who wishes to speak for a second time on the same matter or motion, or ask more than one follow-up question, shall wait until all Members wishing to speak for the first time have done so.

(11) A member may require the motion being considered to be read at any time during debate, but not so as to interrupt another Member who is speaking;

(12) Discussion on a motion may be closed at any time: (a) informally, by Unanimous Consent; or (b) formally by voting on a motion to close debate.

(13) Members may only discuss a previous vote of Council for the purposes of making a motion to: (a) reconsider the vote on a motion subject to the rules as specified in Schedule D; or (b) rescind a motion previously passed.

(14) Members shall: (a) abide by the rules of procedure; and (b) abide by the decisions and directions of the Presiding Member/Chair or Council on any question of order, practice or interpretation.

30. Enforcement of Meeting Rules - By Chair and Members

(1) While the Presiding Member/Chair is responsible for enforcing meeting rules and deciding all questions of procedure, any Member may raise a point of order at any time by stating the rule or procedure being breached (e.g. loss of quorum, speaker exceeding time limit, motion contravenes rules, disruptive conduct). The Presiding Member must immediately rule on the point raised and, if requested, explain the basis for his or her decision by citing the applicable rule or authority. If necessary, the Presiding Member may allow discussion on the point of order or may take it under advisement rendering a formal ruling at the next Council Meeting. District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 22 of 48

Page 75 of 113

(2) Whether or not a point of order has been raised, the presiding Member/Chair is responsible for ensuring that all motions that come before Council comply with the Community Charter, Local Government Act, this Bylaw and any other applicable enactments (Act, regulation or bylaw), rules or polices. Where the Presiding Member/Chair rules that a motion is out of order and will not be opened for consideration, he or she must explain the basis for the decision by citing the applicable rule or authority. If necessary, the Presiding Member/Chair may refer the motion to District staff for further consideration.

(3) Presiding Member/Chair decisions (rulings) on points of order are final, subject to an immediate appeal to Council in accordance with section 31.

(4) A Member called to order by the Presiding Member/Chair: (a) must immediately stop talking and wait for the Presiding Member/Chair to identify the rule or procedure being breeched; (b) may explain their position on the point of order; and (c) may appeal the Presiding Member/Chair’s decision to Council in accordance with section 31.

(5) If, after one or more warnings, a Member persists in breaching the rules, the Presiding Member/Chair may order a recess or, in extreme cases, that the Member be expelled from the meeting in accordance with section 27.

31. Appealing Presiding Member/Chair’s Ruling

(1) A Member may immediately appeal a decision (ruling) of the Chair to Council by requesting that the Chair put the question “Shall the ruling of the Chair be sustained?” This question must be decided without debate by Majority Vote, excluding the Presiding Member. The Presiding Member/Chair shall be governed by the result and in cases where the votes are tied, the motion passes in the affirmative.

(2) If the Presiding Member refuses to put the question in accordance with subsection (1), Council must immediately appoint another Member to temporarily preside and that Member must proceed in accordance with subsection (1). A motion passed under this subsection is as binding as if passed under subsection (1).

32. Question of Privilege

Any Member may raise a question of privilege (matter affecting the welfare of Council as a whole or a Member personally that needs to be dealt with immediately) to remedy a pressing matter at any time by pointing to the matter (e.g. room temperature, noise or other distractions). The Presiding Member/Chair must immediately decide whether to accept the question of privilege and, if accepted, order any actions necessary to address it. Where a motion results from an accepted point of privilege, it is not debatable or amendable.

Division 2 - General Meeting Procedures

33. Opening - Call to Order, No Quorum

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 23 of 48

Page 76 of 113

(1) As soon after the scheduled start time for a Council Meeting that Quorum is present, the Presiding Member/Chair shall call the meeting to order.

(2) Where a Quorum is present, but neither the Mayor nor Acting Mayor is in attendance, the Corporate Officer shall call the meeting to order and a Presiding Member/Chair shall be selected in accordance with section 26.

(3) If within 15 minutes of the scheduled start time a Quorum is neither present nor imminent, the Corporate Officer shall: (a) record the names of Members who are present and absent; and (b) declare that Council stands adjourned until the next Council Meeting.

(4) Agenda items from a meeting adjourned under subsection (3) shall be placed on the next Regular Council Meeting agenda, subject to a Special Council Meeting being called in accordance with section 22 to consider Urgent Business.

34. Order of Business - Changes, Late Items, Approve Agenda

(1) The order of business for all Regular Council Meetings will be as listed below, unless varied at the designated point in the agenda (approval of agenda) by Majority Vote or Unanimous Consent: (a) Call to Order (b) Approval of Agenda (may vary order, add/delete or postpone items) (c) Adoption of Minutes (may correct minutes) (d) Mayor’s Report (may include presentations of a ceremonial nature) (e) Public Comment on Agenda Items (up to two minutes per person; to a total maximum of ten minutes) (f) Delegations (up to ten minutes per delegation; to a maximum of two delegations) Bylaw (g) Correspondence 1229.01, (h) Presentations and Reports 2019 (i) Presentations (ii) Staff reports (iii) Reports of Council Committees, Commissions, Other Bodies (i) Bylaws (with no accompanying report) (j) Unfinished Business (k) Business Initiated by Council Members (Notice of Motion/Motion) (l) Question Period (up to two minutes per person; to a total maximum of ten minutes) (m) Closed Session (if required) (n) Reconvene from Closed Session (if required) (o) Adjournment

(2) The order of business for all Regular COTW Meetings will be as listed below, unless varied at the designated point in the agenda (approval of agenda) by Majority Vote or Unanimous Consent: (a) Call to Order (b) Approval of Agenda (may vary order, add/delete or postpone items) (c) Adoption of Minutes (may correct) (d) Public Comment on Agenda Items (up to two minutes per person; to a total maximum of ten minutes) (e) Delegations

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 24 of 48

Page 77 of 113

Bylaw (f) Correspondence 1229.01, (g) Presentations and Reports 2019 (h) Unfinished Business (i) Question Period (up to two minutes per person; to a total maximum of ten minutes) (j) Closed Session (if required) (k) Reconvene from Closed Session (if required) (l) Adjournment

(3) An item of business not included on a Regular Council or COTW Meeting agenda will not be considered unless: (a) deemed Urgent Business and approved as a late item (addendum) by the Chief Administrative Officer; or (b) in the case of an item submitted by a Council Member in accordance with section 24 (4) (c), it is approved by Council as a late item (addendum) at the designated point in the agenda (approval of agenda) by Majority Vote or Unanimous Consent. The Corporate Officer shall ensure that late items are circulated to Council Members as an addendum to the published Agenda Package no later than the scheduled start time of the meeting.

(4) An item of business on a Regular Council or COTW Meeting agenda may, by Majority Vote at the designated point in the agenda (approval of agenda), be: (a) deleted; or (b) postponed to a future meeting of the same body.

(5) In the case of a Special Council Meeting, the order of business may be varied and an item of business deleted or postponed, but no items may be added unless notice requirements are waived in accordance with section 22.

(6) Agendas are approved by Majority Vote or Unanimous Consent at the designated point in the agenda (approval of agenda) either as presented or as amended.

35. Voting – Calling the Question, Vote, Results

(1) When discussion (debate) on a motion has concluded, the Presiding Member/Chair will put the motion to a vote by asking whether Members wish to adopt it (call the question).

(2) Once a vote has been called, Council Members must not: (a) speak to the matter or make a motion concerning it; (b) leave the room; or (c) interrupt the voting, except to raise a point of order. Decisions by the Presiding Member/Chair as to whether a question has been called are final, subject to an appeal under section 31.

(3) Votes shall be by a show of hands except: (a) where a Special Council Meeting is held electronically in accordance with section 21; or (b) where a Member participates electronically in a meeting in accordance with section 15 in which case votes shall be stated verbally in accordance with Schedule ‘B’.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 25 of 48

Page 78 of 113

(4) In conducting a vote, the Presiding Member/Chair shall: (a) first call for all Members in favour of the motion and then all those opposed to the motion, to raise their hands; (b) state the names of those Members opposed to the motion; and (c) announce the outcome of the vote by declaring the motion carried or defeated/lost.

(5) Votes on resolutions or bylaws will be recorded in the minutes as either: (a) carried unanimously; (b) defeated unanimously; or (c) where not carried unanimously, by recording the names of those Members who voted against the motion.

(6) Names of movers and seconders shall not be recorded in the minutes.

(7) In recognition that rules are used to facilitate progress, some motions may be voted on by Unanimous Consent, an informal way of taking a vote that is used for routine and non-controversial decisions of a procedural nature. The procedure involves asking if any Member objects to adopting the motion and if no one does, it is adopted. Where one member objects, a vote must be taken.

36. Adoption of Minutes

(1) Minutes of the previous Regular Council Meeting and any previous Special Council Meeting shall be circulated in the Agenda Package and any errors or omissions amended by Majority Vote or Unanimous Consent.

(2) Subject to subsection (1), Council shall adopt the minutes of the previous Regular Council Meeting and any previous Special Council Meeting either as circulated or as amended.

37. Reports to Council

(1) Council Members or District staff may report to Council on matters of District business provided the matter is included on the agenda or added as a late item (addendum) in accordance with section 34.

(2) In accordance with section 42, a recommendation in a report does not constitute a main motion (resolution) unless a Council Member moves it. A report recommendation to “receive for information” does not require a vote.

(3) Recommendations to Council from the COTW, a Council Committee, Commission or Other District Body shall ordinarily be presented by a Council Member who either chairs or is otherwise a Member of the body. In considering a recommendation under this section Council may: (a) adopt the recommendation as presented; (b) amend the recommendation; (c) refer the recommendation back to the body or staff; or (d) postpone its consideration to a future meeting or indefinitely. Bylaw 1229.01, 37.1 Presentations – Invited Delegations to Council 2019 District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 26 of 48

Page 79 of 113

(1) Individuals or organizations invited by a motion of Council or by staff to address Council about any matter will be provided up to 15 minutes to present at the beginning of the Presentations and Reports section, provided the matter is included on the agenda or added as a late item (addendum) in accordance with section 34.

(2) For clarity, individuals or organizations invited by Council or staff do not have to request to be a delegation, and are not subject to the requirements of section 38 – Public Input.

38. Public Input – Comment Agenda Items, Delegations, Question Period

(1) District of Tofino Council values public input and provides for members of the public to address Council during Regular Council and COTW Meetings at three points in the agenda: (a) Public comment on agenda items – Up to 10 minutes is provided at the start of Regular Council and COTW Meetings for members of the public to address Council on agenda items, other than those of a procedural nature (e.g. adoption of minutes) or that are restricted under subsection 7. To accommodate as many speakers as possible, each will have up to two (2) minutes to provide comment. (b) Delegations – Individuals or organizations that wish to address Council on a matter within municipal jurisdiction may apply to appear as a delegation in accordance with this section. (c) Question period – Up to 10 minutes will be provided at the end of Regular Council and COTW Meetings for members of the press and public to ask Council questions about matters included on the agenda or discussed during the meeting. To accommodate as many speakers as possible, each will have up to two (2) minutes to ask questions, including up to one follow-up question. Bylaw 1229.01, (1.1) Individuals or organizations addressing Council under this section shall not use 2019 the time allotted for Public Comment on Agenda Items to discuss their own delegation.

(2) Individuals wishing to address Council on an agenda item(s) must: (a) state their name and address, for the record; (b) subject to subsection 7, restrict comments to only matters on the agenda; (c) state the agenda item (s) they wish to comment on; (d) stay within the two (2) minute speaking time; and (e) not speak more than once, unless all others who wish to speak have spoken within the time allotted. Bylaw 1229.01, (3) Subject to the restrictions in section 7, individuals or organizations may apply to 2019 appear as a delegation a Regular Council or COTW Meeting by submitting a request to the Corporate Officer on the prescribed form, and by the deadlines specified in section 24. Bylaw 1229.01, (3.1) In recognition of the scope of business requiring Council’s attention the number 2019 of delegations shall be limited to two (2) per meeting, except with the leave of the Mayor. Priority for delegation spots will be given to individuals or organizations who have not addressed Council within the last six (6) months, except where an

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 27 of 48

Page 80 of 113

individual or organization is statutorily authorized to be heard by Council or required by law to be heard by Council.

(4) Delegations shall have up to ten minutes to speak and must restrict their remarks to the topic indicated on the application. At the sole discretion of Council, an address may be followed by a question period of up to five (5) minutes in which each Council Member may ask one clarifying and one follow-up question. Members shall not debate topics with delegates and shall refrain from lengthy preambles. At the discretion of Council, time limits may be extended by Majority Vote or Unanimous Consent. Bylaw 1229.01, (5) The Corporate Officer shall be granted the authority to screen delegation requests 2019 and, if deemed appropriate, refuse the request if the issue: (a) does not comply with section 7; (b) the purpose is to address a matter that is the subject of a staff report not yet presented to Council; or (c) is not within the mandate or jurisdiction of Council.

In the event that a delegation wishes to appeal the decision of the Corporate Officer, the request shall be distributed to Council for consideration and decision.

(6) Members of the public that participate in Regular Council and COTW Meetings under this section must conduct themselves in accordance with section 28 (Rules of Conduct Public Gallery). During meetings Council Members are to be addressed as follows: (a) the Mayor as “Your Worship” or “Mayor “ or “Mr./Madam Mayor” or Mr./Madam Chair”; (b) Councillors as “Councillor “;

(7) Speakers and delegates addressing Council under this section shall not be heard on: (a) any matter that has been the subject of a public hearing held in accordance with an enactment as a pre-requisite to: (i) the adoption of a bylaw (e.g. official community plan bylaw or zoning bylaw); or (ii) the passing of a resolution authorizing a permit (e.g. development variance permit); (b) a reconsideration or appeal of a Council decision held in accordance with an enactment, except for the person entitled to such reconsideration or appeal, or their legal representative; (c) District employee relations; (d) the promotion of commercial products or services; Bylaw (e) litigation or potential litigation affecting the District. 1229.01, (f) any matter related to an election campaign; 2019 (g) any matter about records held in confidence by the District, unless that record has been lawfully released to the public by the District;

(8) Any dialogue under this section between individual Council Members and speakers/delegations is ordinarily through the Presiding Member.

(9) Where a speaker/delegation requests a decision from Council under this section, the matter shall ordinarily be referred, by Majority Vote, to District staff for review.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 28 of 48

Page 81 of 113

39. Correspondence and Petitions

(1) Correspondence and petitions submitted to Council for inclusion on a Council agenda shall: (a) be legible (typed, written, printed); (b) signed by, or identified as being from, at least one person who provides a name, mailing address and phone number; (c) not contain libelous statements about third parties; and (d) be submitted to the Corporate Officer by the deadlines specified in section 24.

(2) A petition to Council must clearly identify: (a) the name and residential address of each petitioner; and (b) the action being requested of Council by petitioners.

(3) Correspondence and petitions submitted under this section shall be circulated to Council Members for information indicating if the communication will be: (a) included for Council’s consideration on a Council Meeting agenda; or (b) referred to the appropriate District department for action and reply, which may include preparing a staff report for Council’s consideration. Any staff responses shall be made available to Council Members for inspection.

(4) Correspondence and petitions submitted under this section shall be acknowledged and the writer advised where the matter has been referred.

(5) Correspondence for inclusion on a public agenda shall be added in its entirety, excluding contact information, unless at the time of submission, the author requests that specified personal information, except the author’s name, be redacted.

(6) The Corporate Officer shall respond to requests that a day of recognition be declared within the District by Council, in accordance with District policy.

40. Business Initiated by Council Members - Notice of Motion/Motion

(1) A Council Member must give notice of his or her intention to introduce a motion for Council’s consideration by: (a) verbally stating at the appropriate point in the agenda (Business Initiated by Council Members – Notice of Motion/Motion) that they intend to introduce the motion at a subsequent meeting; and (b) then submitting a written copy of the motion to the Corporate Officer in accordance with section 24 (2), indicating the meeting date.

(2) Despite subsection (1), in the case of Urgent Business a Council Member may introduce a motion for Council’s consideration without prior notice by: (a) submitting a request to the Corporate Officer in accordance with section 24 (4) (c); and (b) obtaining Council’s approval to introduce the motion as a late time (addendum) in accordance with section 34 (3) (b).

41. Recess and Adjournment of Meeting

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 29 of 48

Page 82 of 113

(1) A Council Member may move to recess at any time during a Council Meeting, except for the purpose of interrupting a speaker.

(2) A motion to adjourn a meeting requires a Majority Vote, except where the Agenda remains unfinished, in which case a two-thirds (2/3) vote of the Members present is required.

Division 3 – Motions

42. Main Motions/Resolutions

(1) A main motion (resolution) puts substantive business before Council and, if adopted, becomes Council’s official statement on that matter. Main motions must therefore be clear, concise and complete and may only be made when no other business is pending.

(2) All main motions (resolutions) that come before Council must be included on the agenda except: (a) where added as a late item (addendum) in accordance with section 34 (3); or (b) where the purpose is to direct staff to research a matter or craft a resolution for consideration at a subsequent meeting; or (c) where Council deems a resolution not included on the agenda to be of minimal impact.

(3) A report recommendation does not constitute a main motion until expressly moved by a Council Member.

(4) In recognition that procedural rules are used to facilitate progress, an agenda item may be discussed before a motion is made.

43. Secondary Motions

(1) The following types of motions are collectively referred to as “secondary motions”: (a) subsidiary motions, help dispose of main motions under consideration (e.g. refer to committee); (b) privileged motions, deal with urgent matters that must be dealt with immediately, even if pending business is interrupted [deal with privileges of Council or individual Members and must be considered immediately on being raised by the Presiding Member/Chair (e.g. recess)]; and (c) incidental motions, deal with questions of procedure (e.g. point of order)

(2) Rules for secondary motions commonly used during Meetings are set out in Schedule ‘E’ and supersede RRORNR where differences exist.

44. Motions that Bring Question Back

(1) The following motions are referred to collectively as “motions that bring a question again before the assembly” and are used to consider again a question previously disposed of: (a) take from the table; (b) rescind or amend something previously adopted; District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 30 of 48

Page 83 of 113

45. Handling Motions – Introduction, Withdrawal, Division, Closing Debate

(1) Before a motion can be discussed and voted on, it must be moved, seconded and stated by the Presiding Member/Chair. Once stated by the Presiding Member/Chair, the motion is owned by Council and only with the Unanimous Consent of the Members present may it be: (a) withdrawn by the mover; or (b) amended by the mover in accordance with section 46 (3), either on their own initiative or in response to another Member’s request.

(2) While a main motion is being discussed (debated), only the following secondary motions may be made: (a) a privileged motion to: (i) fix the time to adjourn, (ii) adjourn, (iii) recess, or (iv) raise a question of privilege; (b) a subsidiary motion to: (i) table (set aside temporarily within same meeting), (ii) close debate and vote immediately (call question), (iii) postpone consideration to a certain time, (iv) refer (to committee or staff), (v) amend, or (vi) postpone indefinitely; (c) an incidental motion to: (i) raise a point of order (ii) appeal ruling of chair (iii) suspend the rules.

(3) To ensure that Council Members and the public are clear about what is being discussed and voted on, the Presiding Member/Chair shall ordinarily restate or clarify a main motion (resolution) after it is introduced and, if some discussion has occurred, restate or clarify the resolution again before putting it to a vote.

(4) When the Presiding Member/Chair believes that sufficient discussion has occurred, he or she may: (a) seek Unanimous Consent to end debate and proceed to the vote; or (b) take a formal vote on a motion to end debate.

(5) If a main motion can be divided into separate parts, such that each stands as a separate proposition, a Council Member may require a separate vote on each part.

46. Amending Motions – Primary, Secondary, Friendly

(1) A proposed amendment to a main motion: (a) must be relevant to the subject matter; (b) not negate the intent of the original motion; and (c) be in the form of an addition, deletion or substitution. District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 31 of 48

Page 84 of 113

(2) During debate on a main motion, Council Members may only move: (a) one amendment to the main motion (primary amendment); and (b) one amendment to the amendment (secondary amendment).

(3) The debate and vote on a main motion and any amendments to it, proceeds in a “last in first out” order as follows: (a) secondary amendment is debated and voted on; (b) primary amendment (or primary as amended) is debated and voted on; and (c) main motion (or main as amended) is debated and voted on.

(4) Subject to this section and section 45, a Council Member may not amend his or her own motion, except if: (a) the Chair accepts the amendment as friendly, being a change that does not affect the substance of the motion and clarifies the intent; and (b) no Council Member objects.

47. Reconsideration - Bringing Back Main Motions

(1) In accordance with section 131 of the Community Charter, the Mayor may require Council to reconsider and vote again on a matter: (a) at the same meeting where the original vote took place; or (b) within 30 days following that meeting by way of a Notice of Motion in accordance with section 40, provided the matter has not: (i) already been reconsidered under this section; (ii) received the approval or assent of the electors; or (iii) already been acted upon by District staff.

(2) A Council Member may bring a resolution back before Council at the same meeting where the original vote took place, or at subsequent meeting, in accordance with the rules set out in Schedule ‘D’ of this Bylaw.

PART 6 – PUBLIC HEARINGS

48. Opportunity to be Heard

Public hearings provide an opportunity for persons who believe their interest in property is affected by a proposed bylaw to be heard by: (a) submitting written comments (representations) to Council on matters contained in the bylaw; or (b) appearing before Council to speak to matters contained in the bylaw either directly or through a representative.

49. Order of Business

The order of business at a public hearing shall be as follows: (a) Call to Order (b) Statement of Chair (i) Review of Public Hearing Procedures (ii) Proposed Bylaw Summary (c) Proposed Bylaw

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 32 of 48

Page 85 of 113

(i) Public Notice Summary (ii) Related Documents (bylaw and staff reports) (d) Submissions Received During Notice Period (e) Application/Agent/Staff Presentation (f) Public Input (g) Adjournment

50. Procedures

(1) Subject to subsection (2), any written materials and submissions considered by Council at the hearing will be available for review by the public during the hearing.

(2) Submissions received during the notice period will be added to the public record in their entirety, excluding contact information, unless at the time of submission the author requests that other personal information, except the author’s name, be redacted.

(3) Speakers must: (a) first identify themselves by stating their name and address and, where applicable, the name and address of the person or persons they represent; (b) limit their remarks to matters contained in the proposed bylaw; and (c) not make a reply, rebuttal or further submission without the Chair’s/Presiding Member’s permission.

(4) Only Council Members may ask questions of speakers to clarify what has been said.

PART 7 – BYLAWS

51. Voting – Generally, No Closed Meeting Votes

(1) In accordance with section 89 (2) of the Community Charter, no votes on any reading or the adoption of a bylaw may be held when a Council Meeting is closed to the public in accordance with section 14.

(2) Motions on any reading or the adoption of a bylaw must be passed by a Majority Vote of the members present except: (a) in the case of an Official Community Plan bylaw where, in accordance with section 882 of the Local Government Act, motions on each reading and the adoption of a proposed bylaw must be passed by a majority vote of all Council Members; and (b) where the Community Charter, Local Government Act or another Act requires otherwise.

52. Copies to Council Members

A proposed bylaw may be introduced, given readings and adopted at a Council meeting only if: (a) it is included on the agenda or added as a late item in accordance with section 34 (3); and

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 33 of 48

Page 86 of 113

(b) a full text copy has been provided to Members at least 24 hours in advance of the meeting, except where this requirement is waived by a unanimous vote of all Council members.

53. Form and Motions

(1) A proposed bylaw must: (a) have a distinguishing name and number; (b) contain an introductory statement of purpose; and (c) be divided into sections.

(2) Motions involving proposed bylaws include: (a) That “District of Tofino (insert Bylaw title) No. X, YEAR” be introduced and read a: i. first time, and/or ii. second time, and/or iii. third time. (b) That “District of Tofino (insert Bylaw title) No. X, YEAR” be amended at X reading by X. (c) That “District of Tofino (insert Bylaw title) No. X, YEAR” be adopted.

54. Readings and Adoption

(1) Every proposed bylaw must be read three (3) times before it can be adopted. Bylaw readings may be given by the Chair stating the name of the bylaw and requesting that a motion be made in accordance with this section and section 53.

(2) A proposed bylaw may be given up to three readings at the same Council Meeting, except: (a) in the case of a bylaw subject to a public hearing requirement, the proposed bylaw must be referred to hearing after second reading; or (b) where the Community Charter, Local Government Act or another Act requires otherwise.

(3) Subject to any statutory requirement or a Member requesting that the readings be considered separately, a proposed bylaw may be introduced and given first, second and third time reading in one motion. Where a public hearing is required, a proposed bylaw may be introduced and given first and second reading in one motion.

(4) There must be at least one day between third reading and the adoption of a proposed bylaw, except: (a) in the case of an official community plan, zoning or heritage designation bylaw, the proposed bylaw may, in accordance with section 890 (9) of the Local Government Act, be adopted at the same meeting it receives third reading; and (b) where the Community Charter, Local Government Act or another Act requires otherwise.

(5) If the Community Charter, Local Government Act or another Act requires that a bylaw receives: (a) the approval of cabinet, a minister or the inspector of municipalities; or

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 34 of 48

Page 87 of 113

(b) the approval of the electors the approval must be obtained after third reading and before the bylaw is adopted. Where a bylaw is subject to both requirements, the approval of subsection (5) (a) must be obtained before (5) (b).

(6) The Corporate Officer must ensure that the reading and adoption dates are recorded on the bylaw, as well as the dates that any statutory approvals, procedures or other requirements are obtained, followed or fulfilled including, but not limited to: (a) provincial approvals; (b) voter approvals; (c) public hearings; (d) public notices; (e) two-third majority or unanimous votes.

55. Changes Before Adoption

(1) Except where the Community Charter, Local Government Act or another Act provides otherwise, a proposed bylaw may be amended any time after first, second or third reading.

(2) After public hearing, a bylaw must not be amended to: (a) alter the use, (b) increase the density, or (c) decrease the density without the property owner’s consent.

56. Must be Signed and Available to Public

(1) After a proposed bylaw is adopted it must be signed by: (a) the Member presiding at the Council meeting where it was adopted; and (b) the Corporate Officer who must place it in the District’s records for safekeeping.

(2) In accordance with section 97 of the Community Charter, the Corporate Officer must ensure that all adopted bylaws and proposed bylaws given first reading are available for public inspection at the Municipal Office during regular office hours.

57. Force and Effect

A bylaw comes into force and effect the later of: (a) the date it is adopted by Council; or (b) a date established in the bylaw.

58. Changing and Repealing Adopted Bylaws

(1) An adopted bylaw may only be amended or repealed by bylaw.

(2) A bylaw that amends or repeals an adopted bylaw is subject to the same approvals and requirements, if any, as a new bylaw adopted under the same authority.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 35 of 48

Page 88 of 113

(3) A bylaw that requires approval or assent of the electors before adoption may be amended or repealed without that approval or assent in accordance with section 137 of the Community Charter.

(4) A bylaw may contain provisions that amend or repeal it at a future date set in the bylaw.

PART 8 – COMMITTEE OF THE WHOLE

59. Composition, Role, Presiding Member

(1) The COTW is a committee comprised of all Council Members that meets regularly to consider, but not decide, matters of District business. COTW sits in a deliberative capacity only and must forward its recommendations to Council for consideration.

(2) Councillors will serve as Presiding Member/Chair on rotating basis in accordance with the Acting Mayor Schedule, unless the Mayor determines otherwise.

60. Application of Other Provisions

As far as practical and applicable, the following provisions of Part 3 – Meetings Generally apply to this part: (a) Location of Meetings (b) Quorum Requirements (c) Open Meeting Requirement (d) Closed Meetings – Basis, Procedures, Attendance & Minutes (e) Electronic Participation in Meetings (f) Agenda and Minutes – Office Responsible for Preparation (g) Meeting Minutes – Maintained and Available to the Public

PART 9 – COUNCIL COMMITTEES AND COMMISSIONS

61. Establishment

(1) Council Committees may be established and members appointed in accordance with the Community Charter as follows: (a) in the case of Standing Committees, by the Mayor under section 141; (b) in the case of Select Committees, by Council under section 142.

(2) Commissions may be established and members appointed by Council to do one or more of the following: (a) operate services; (b) undertake enforcement and administrative operations in relation to Council’s authority to regulate, prohibit and impose requirements; and (c) manage property and licences held by the District.

(3) The terms of reference for each Council Committee/Commission shall be approved: (a) by the Mayor, in the case of Standing Committees, and (b) by Council, in the case of Select Committees/Commissions.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 36 of 48

Page 89 of 113

(4) If a Member misses more than three (3) meetings in a row the appointment may be rescinded at anytime by: (a) the Mayor, in the case of Standing Committees, and (b) Council, in the case of Select Committees/Commissions

62. Duties – Council Committees and Commissions

(1) Council Committees and Commissions must consider, inquire into, report and make recommendations to Council on matters set-out in their terms of reference and as referred: (a) by the Mayor and Council, in the case of Standing Committees; and (b) by Council, in the case of Select Committees and Commissions.

(2) Council Committees and Commissions must report and make recommendations to Council: (a) in accordance with their terms of reference; (b) regularly by submitting meeting minutes and recommendations to the Corporate Officer for inclusion on a Council Meeting agenda; (c) as may otherwise be required by the Mayor or Council.

63. Presiding Member

(1) The Presiding Member/Chair at meetings of Council Committees, Commissions, the Board of Variance or other District Bodies is: (a) the person appointed Presiding Member/Chair; (b) in the absence of the Presiding Member/Chair, the person appointed Vice- Chair or Alternate; and (c) in the absence of the Chair and Vice-Chair or Alternate, the Member chosen from amongst those present to chair the meeting.

64. Participation – Non-members

(1) Council Members who are not members of a Council Committee/Commission may attend meetings but must not vote or take part in any discussion except: (a) at the invitation of the Chair; or (b) with the permission of the Council Committee/Commission through Unanimous Consent.

(2) A member of the public who is not a member of a Council Committee/Commission, may be invited by the Chair to speak to a matter under consideration.

65. Meetings – Schedule, Changes, Cancellations, Notice

(1) At its first meeting after establishment, and annually thereafter at the first meeting of the year each, Council Committee/Commission must establish a schedule of the dates and times it will meet, to be known as the Regular Meeting Schedule. Meetings shall not be scheduled in July, August and December.

(2) A copy of the Regular Meeting Schedule must be circulated to all Committee/Commission Members, posted on the Public Notice Posting Place and submitted to the Corporate Officer by the Staff Liaison.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 37 of 48

Page 90 of 113

(3) Meetings are to be held in the District of Tofino Municipal Office, unless the location is changed in accordance with section 11.

(4) Despite subsection (1), the Chair of a Council Committee/Commission, in consultation with the Staff Liaison, may: (a) call meetings in addition to those on the Regular Meeting Schedule; and (b) cancel scheduled meetings provided notice is given in accordance with subsection (5) and (6), as applicable.

(5) At least 48 hours before each Meeting the Staff Liaison shall give notice of the date, time and location of the meeting: (a) to Members, by delivering a copy of the Agenda to the e-mail address provided by each Member; and (b) to the Public, by posting a copy of the Agenda to the Public Notice Posting Place and, optionally, on the District’s website

(6) Where a scheduled Meeting is cancelled, the Staff Liaison shall give written notice of cancellation: (a) to Members, by delivering a copy of the notice to the e-mail address provided by each Member; and (b) to the public, by posting a copy of the notice at the Public Notice Posting Place and, optionally, on the District’s website

66. Agendas – Preparation, Order of Business, Late Items Changes

(1) Committee meeting agendas are to be prepared by the Staff Liaison in consultation with the Committee Chair, and made available to Committee Members and the public at least 48 hours in advance of the meeting.

(2) The order of business for Committee meetings will be as follows, except where varied by unanimous consent: (a) Call to Order (b) Approval of Agenda (order may be varied and items deleted, added or postponed to future meeting) (c) Approval of Minutes (d) Delegations (e) Correspondence (f) Reports (g) Unfinished Business (h) Closed Session (if required) (i) Reconvene from Closed Session (if required) (j) Adjournment

67. Application of Other Provisions

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 38 of 48

Page 91 of 113

(f) General Voting Rules (g) Agenda and Minutes – Office Responsible for Preparation (h) Minutes – Maintained and Available to the Public

PART 10 - GENERAL

68. Severability and Repeal

(1) A decision by a court that any part of this Bylaw is illegal, void or unenforceable severs that part from this Bylaw and is not to affect the validity of the remaining portions of this Bylaw.

(2) “District of Tofino Council Procedure Bylaw No. 1063, 2008” is repealed.

NOTICE given in accordance with sections 94 and 124(3) of the Community Charter by way of posting notices on the Public Notice Posting Place, the District’s website and by publication in January 4, 2017 and January 11, 2017 editions of the Westerly News.

READ A FIRST TIME on December 6, 2016

NOTICE PLACED in the January 4th and 11th, 2016, editions of the Westerly News

READ A SECOND TIME on January 10, 2017

READ A THIRD TIME on January 10, 2017

ADOPTED on January 24, 2017

Josie Osborne, Mayor Robert MacPherson, Corporate Officer

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 39 of 48

Page 92 of 113

Schedule ‘A’ – CONFLICT OF INTEREST

District of Tofino Meeting Procedures Bylaw No. 1229, 2016

Declaring a Conflict

1. Where a Member considers that he or she is not entitled to participate in the discussion or vote on a matter at a meeting because of: (a) a direct or in direct pecuniary interest; or (b) another interest that constitutes a conflict that Member must declare this and state, in general terms, the nature of the conflict.

Restrictions on Participating

2. After making a declaration the Member must not: (a) attend any part of a meeting where the matter is being considered, (b) participate in any discussion of the matter at a meeting, (c) vote on any question related to the matter at a meeting, (d) attempt in any way, before, during or after a meeting, to influence voting on any question related to the matter. This applies to any Member that is in conflict, whether or not a declaration has been made. A Member of Council that contravenes these rules is disqualified from holding office in accordance with section 108.1 of the Community Charter, unless the contravention was inadvertent or the result of an error in judgment made in good faith.

3. If a Member makes a declaration of conflict and, after receiving legal advice, determines it was made in error, the Member may: (a) withdraw the declaration by stating, in general terms, at the same or another meeting of the body, the reason he or she considers this the case, and (b) after this, participate in discussions and vote in relation to the matter. For certainty, a Member who makes a statement withdrawing his or her declaration remains subject to the restrictions on participating, if in conflict.

Minutes and Role of Presiding Member/Chair

4. If a declaration is made under (1), or a statement made under (3), the meeting minutes must record: (a) the Member’s declaration or statement, (b) the reasons given for it, and (c) the time the Member left and, if applicable, rejoined the meeting.

5. Unless a statement is made under (3) withdrawing the declaration of conflict, the Presiding Member must ensure that the Member who has declared a conflict is not present during any part of the meeting, or subsequent meetings of the body, where the matter is under consideration.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 40 of 48

Page 93 of 113

Schedule ‘B’ - ELECTRONIC PARTICIPATION

District of Tofino Meeting Procedures Bylaw No. 1229, 2016

Connecting Electronically

1. As soon as reasonably possible after receiving notice under section 15, the Corporate Officer or Staff Liaison will provide instructions on how to join the Meeting electronically.

2. On joining or leaving a Meeting, electronic participants must announce themselves by stating their name and, as applicable, their intention to leave.

3. If a Member has not joined the Meeting within two minutes of the scheduled start time/at the scheduled start time, they are deemed absent from the Meeting.

Attendance, Voting and Frequency

4. A Member who participates electronically in a Meeting is deemed to be present at the Meeting.

5. Members are not permitted to participate electronically in Closed Sessions.

6. Members who participate electronically must vote by stating their name and whether they are in favour or opposed to the motion.

7. A Council Member may participate electronically in up to: (a) three (3) Regular Council Meetings each calendar year; (b) two (2) Special Council Meetings each calendar year, other than that part of a Special Council Meeting held under section 14 (Closed Meetings); and (c) two (2) Council Committee meetings each calendar year, including COTW meetings.

8. Members, other than Council Members, of the following bodies may participate electronically in up to two (2) meetings each calendar year: (a) Council Committees; (b) Commissions; (c) the Board of Variance; and (d) Other District Bodies.

Interruptions and Technology Failure

9. Where an electronic participant’s communication link is interrupted or terminated, Members who are physically present may: (a) decide on a short recess until it is determined whether or not the link can be re-established; or (b) continue the meeting and treat the interruption or failure in the same way as if the electronic participate were physically present and had left the Meeting.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 41 of 48

Page 94 of 113

Schedule ‘C’ – CLOSED SESSIONS

District of Tofino Meeting Procedures Bylaw No. 1229, 2016

SECTION 90 OF THE COMMUNITY CHARTER [SBC 2003]

Meetings that may or must be closed to the public 90 (1) A part of a council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following: (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; (c) labour relations or other employee relations; (d) the security of the property of the municipality; (e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality; (f) law enforcement, if the council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; (g) litigation or potential litigation affecting the municipality; (h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council; (i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; (l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report]; (m) a matter that, under another enactment, is such that the public may be excluded from the meeting; (n) the consideration of whether a council meeting should be closed under a provision of this subsection or subsection (2);

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 42 of 48

Page 95 of 113

(o) the consideration of whether the authority under section 91 [other persons attending closed meetings] should be exercised in relation to a council meeting. (2) A part of a council meeting must be closed to the public if the subject matter being considered relates to one or more of the following: (a) a request under the Freedom of Information and Protection of Privacy Act , if the council is designated as head of the local public body for the purposes of that Act in relation to the matter; (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party; (c) a matter that is being investigated under the Ombudsperson Act of which the municipality has been notified under section 14 [Ombudsperson to notify authority] of that Act; (d) a matter that, under another enactment, is such that the public must be excluded from the meeting; (e) a review of a proposed final performance audit report for the purpose of providing comments to the auditor general on the proposed report under section 23 (2) of the Auditor General for Local Government Act . (3) If the only subject matter being considered at a council meeting is one or more matters referred to in subsection (1) or (2), the applicable subsection applies to the entire meeting.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 43 of 48

Page 96 of 113

Schedule ‘D’ - RECONSIDERATION

District of Tofino Meeting Procedures Bylaw No. 1229, 2016

1. Subject to section 5 of this schedule, a Council Member may introduce a motion to reconsider (a) a matter on which a vote, other than to postpone indefinitely, has been taken; (b) an adopted bylaw after an interval of at least 24 hours following its adoption.

2. If the motion to reconsider is not made at the same meeting as the original motion, the motion to reconsider shall be introduced by way of a Notice of Motion in accordance with section 40 of this Bylaw.

3. Council must not discuss the main matter referred to in section 1 of this schedule unless a motion to reconsider that matter is adopted in the affirmative.

4. No delegations are permitted to speak on a motion to reconsider.

5. A vote to reconsider must not be reconsidered.

6. A motion to reconsider must be carried in the affirmative by a majority vote of the entire Council.

7. If a motion to reconsider is decided in the affirmative: (a) reconsideration of the original motion shall become the next order of business unless the motion specifies a future definite date (b) the reconsideration effectively returns Council to just prior to the original Council decision

8. Council may only reconsider a matter that has not: (a) had the approval or assent of the electors and been adopted, (b) already been reconsidered under section 1 of this schedule or section 131 of the Community Charter [mayor may require Council reconsideration of a matter], (c) been acted on by an officer, employee, or agent of the District.

9. The conditions that applied to the adoption of the original bylaw, resolution, or proceeding apply to its rejection under this section.

10. A bylaw, resolution, or proceeding that is reaffirmed under section 1 of this schedule or section 131 of the Community Charter is as valid and has the same effect as it had before reconsideration.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 44 of 48

Page 97 of 113

Schedule ‘E’ – SECONDARY MOTIONS

District of Tofino Meeting Procedures Bylaw No. 1229, 2016

Subsidiary Motions The seven subsidiary motions are used to help dispose of main motions while pending and are decided by Majority Vote or, if there is no objection, by Unanimous Consent. The motions are listed in order of precedence (rank) from highest (top) to lowest (bottom). All subsidiary motions outrank the main motion, which has the lowest rank of all and may only be voted on when no subsidiary motion remains. Any subsidiary motion that lies above the one being considered is in order, and any below it are out of order until the one being considered is disposed of.

MOTION COMMON USES PROCESS Lay on Table (table) Set aside temporarily, within Can be decided informally the course of the meeting, to by unanimous consent. allow something of an urgent May resume debate nature to be done immediately. without motion to “take from table”.

When handled formally requires seconder, majority vote and is not debatable or amendable. Close Debate End debate and vote Can be decided informally (previous question) immediately. by unanimous consent.

When handled formally requires seconder, majority vote and is not debatable or amendable. Limit or Extend Debate Provide specific amount of time Can be decided informally for discussion. by unanimous consent.

When handled formally requires seconder, majority vote and is not debatable but is amendable with respect to Postpone to Certain Postpone consideration to a Requires seconder. Time certain time. Is debatable as to merit of postponement and is amendable.

Majority vote required. Refer (commit) Have committee or staff review Requires seconder. in detail and report back with a recommendation. Is debatable as to merit of referral and is amendable.

Majority vote required. District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 45 of 48

Page 98 of 113

Amend Changes wording of another Requires seconder. motion by adding, deleting or replacing words. Is debatable. Secondary amendment (amend pending amendment) allowed. Majority vote required. Postpone Indefinitely Avoid taking direct vote. Requires seconder.

Is debatable, but not amendable.

Majority vote required. MAIN MOTION

Privileged Motions The five privileged motions do not relate to pending business, but rather matters of such immediate and overriding importance that involve the meeting itself or the comfort of members that pending business can be interrupted and the matter decided, without debate, by Majority Vote. The privileged motions are shown in order from highest (top) to lowest rank. Privileged motions out rank all subsidiary motions and the main motion. Any privileged motion that lies above the one being considered is in order, and any below it are out of order until the one under consideration is disposed of.

MOTION COMMON USES PROCESS Fix Time to Adjourn Continue current meeting on Can be decided informally by another day (e.g. when a public unanimous consent. hearing is not concluded). When handled formally requires seconder, majority vote, is amendable as to time and date, is not debatable. Adjourn End meeting. Can be decided informally by unanimous consent.

When handled formally requires seconder, majority vote, is not amendable or debatable. Recess Take a short break. Can be decided informally by unanimous consent.

When handled formally requires seconder, majority vote, is amendable as to time, is not debatable Raise a Question of Request to deal with something Question of privilege should Privilege that affects the comfort of Council not generally interrupt a or a single Member (e.g. noise or speaker, unless other distraction). circumstances require.

Chair decides subject to a challenge under section 31.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 46 of 48

Page 99 of 113

Call for Orders of the Get meeting back on schedule. Chair responds by enforcing Day the agreed upon schedule.

By Majority Vote or Unanimous Consent, may deviate from adopted schedule. SUBSIDARY MOTIONS MAIN MOTION Incidental Motions Below are the most commonly used incidental motions that deal with questions of procedure.

MOTION COMMON USES PROCESS Point of Order Enforce the rules. Is raised by Member raises “Point of a Member who believes a rule Order” has been breached. Chair interrupts speaker and recognizes member to state rule being breached

Chair responds to the point raised by making a ruling as to whether the point is taken or not. Chair may opt to ask Council to make decision. Appeal Appeal the Chair’s ruling on a No seconder is required. In matter to Council. accordance with section 31, the question “shall the Chair be sustained” is put to a vote immediately and without debate

Chair does not vote. Majority Vote or tie sustains Chair’s decision. Suspend the Rules Allows Council to waive a rule Can be useful when the of order for a specific purpose. rules are proving too Cannot be used to suspend restrictive and a more any provisions from the flexible approach is Community Charter, Local needed (e.g. extending Government Act or other time limits for speaking). applicable legislation (e.g. voting rules or conflict of Motion may be handed by interest). the Chair informally

Division of Motion Divides a multi-part Question of privilege (resolution) should not generally interrupt a speaker, unless circumstances require.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 47 of 48

Page 100 of 113

If member making a request, Chair can handle informally. Withdraw or Modify Before debate begins, a main “In light of new information, motion (resolution) can be I withdraw the motion”. withdrawn or changed by the mover. OR

After debate begins, main “I request permission to motion belongs to assembly withdraw the motion”. which may withdraw it by Chair takes vote or Majority Vote or Unanimous confirms support through Consent. Unanimous Consent.

District of Tofino Meeting Procedures Bylaw No. 1229, 2016 Page 48 of 48

Page 101 of 113

CORPORATION OF THE DISTRICT OF TOFINO

District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021

Effective Date – Month XX, 2021

Page 102 of 113

DISTRICT OF TOFINO BYLAW NO. 1229.02, 2021

A bylaw to amend “District of Tofino District of Tofino Meeting Procedures Amendment Bylaw No. 1229, 2016”

WHEREAS section 137 of the Community Charter provides that the power to adopt a bylaw includes the power to amend or repeal it;

AND WHEREAS the Council of the District of Tofino wishes to amend District of Tofino Meeting Procedures Bylaw No. 1229, 2016, by changing how regular Council and Special meetings are held, providing further clarity regarding participation in electronic meetings, and including a consent agenda;

NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows:

1. Name

The name of this bylaw for citation purposes is “District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021.”

2. Amendment

“District of Tofino Meeting Procedures Bylaw No. 1229, 2016” is amended as follows:

(a) By replacing section 15 (2) with the following:

In accordance with this section and the rules and procedures outlined in Schedule ‘B’, up to three (3) Council Members may participate electronically in a Regular or Special Council Meeting provided that: (a) the Corporate Officer is notified as soon as practicable in advance; (b) the Presiding Member/Chair is physically present at the meeting; and (c) the Member participating electronically does not participate in those parts of the meeting closed to the public under section 14.

(b) By replacing section 15 (3) with the following:

Where more than three Council Members provide notice under subsection (2), requests will be considered in the order received to the maximum allowed under that section.

(d) By striking the following phrase from section 22 (7): “In extraordinary circumstances”

(e) By striking section 7(b) from Schedule B – Electronic Participation and renumbering the remaining sections accordingly.

(f) By adding the following at the end of section 7:

For certainty, maximums listed under (7) do not apply to when the member has the leave of Council.

(h) By adding section 34 (b) as follows and renumbering the remaining sections accordingly:

Approval of Consent Agenda

(i) By adding section 34 (7) as follows:

(a) Items of business and recommendations included in the Consent Agenda may be voted on and adopted in one motion. (b) If requested by any member for the purposes of:

District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021 2

Page 103 of 113

(i) debate or discussion; (ii) voting in opposition to a recommendation on the consent agenda, or (iii) declaring a conflict of interest with regard to a matter on the consent agenda, an item must be removed from the consent agenda and considered separately by Council either immediately after the consideration of the consent agenda or placed in the appropriate order of agenda items in accordance with section 31(1).

READ A FIRST TIME on Month, Day, 2021

READ A SECOND TIME on Month, Day, 2021

READ A THIRD TIME on Month, Day, 2021

NOTICE PLACED in the Month, Day and Month, Day, 2021, 2021 editions of the Westerly News

ADOPTED on Month, Day, 2021

Dan Law, Mayor Robert MacPherson, Corporate Officer

District of Tofino Meeting Procedures Amendment Bylaw No. 1229.02, 2021 3

Page 104 of 113 Events, Arts, Culture & Heritage Advisory Committee DISTRICT OF TOFINO

May 13, 2021 at 1:00 PM Via Zoom (Contact District Office for Details)

MINUTES

Councillor Al Anderson (Chair) PRESENT: Members: Barb Campbell, Roslyn Newman, Maureen Fraser, Eileen Floody, Kim Hoag, Beverly Hopper Cindy Hutchison, Culture and Events Programmer, April Froment, Manager of Public STAFF: Spaces, Cultural and Visitor Initiatives, Nikki Best, Manager of Corporate Services ABSENT MEMBERS:

1. CALL MEETING TO ORDER

1.1 The meeting was called to order at 1:00 p.m.

Councillor Anderson acknowledged that the District of Tofino operates within the territory of the Tla-o-qui-aht First Nation.

2. ADOPTION OF AGENDA

Motion: THAT the May 13, 2021 Event, Arts, Culture and Heritage Advisory Committee meeting agenda be adopted. CARRIED UNANIMOUSLY

3. PRESENTATIONS AND REPORTS

3.1 Committee Orientation

Committee member Kim Hoag joined the meeting at 1:06 p.m. Committee member Beverly Hopper joined the meeting at 1:14 p.m.

Nikki Best, Manager of Corporate Services presented and reviewed the EACH Advisory Committee Terms of Reference and provided an overview of the District of Tofino Meeting Procedures Bylaw No. 1229, 2016.

3.2 2021 Arts, Culture and Heritage Grants

Committee member Eileen Floody declared a conflict of interest as a board member of the Friends of Clayoquot Sound for the Friends of Clayoquot Sound ACH grant application discussion. Eileen left the meeting at 1:38 p.m. and returned at 1:46 p.m.

Committee members Maureen Fraser and Kim Hoag declared a conflict of interest as board members of the Tofino Arts Council for the Tofino Arts Council ACH grant application discussion. Maureen and Kim left the meeting at 1:47 p.m. and returned at 1:51 p.m.

May 13, 2021 Events, Arts, Culture & Heritage Advisory Committee Minutes Page 1 of 3

Page 105 of 113 Committee member Roslyn Newman declared a conflict of interest as the market coordinator of the Tofino Market for the Tofino Market ACH grant application discussion. Roslyn left the meeting at 1:58 p.m. and returned at 2:02 p.m.

Committee member Barb Campbell and Eileen Floody declared a conflict of interest as board members of the West Coast Winter Music Society for the West Coast Winter Music ACH grant application discussion. Barb and Eileen left the meeting at 2:02 p.m. and returned at 2:03 p.m.

Motion: THAT the Event, Arts, Culture and Heritage Advisory Committee recommend the following recipients for the 2021 Arts, Culture and Heritage Grant program, be awarded as follows:

Clayoquot Action - $2500.00 Friends of Clayoquot Sound - $2500.00 Tofino Arts Council - $2500.00 Tofino Jazz Festival - $2500.00 Tofino Market - $2000.00 West Coast Winter Music Society - $2500.00 Wickaninnish Community School - $532.00 CARRIED UNANIMOUSLY

3.3 2021 Event Support Grants

Committee member Eileen Floody declared a conflict of interest as a board member of the Friends of Clayoquot Sound for the Friends of Clayoquot Sound Event Support grant application discussion. Eileen left the meeting at 2:29 p.m. and returned 2:30 p.m.

Committee members Maureen Fraser and Kim Hoag declared a conflict of interest as a board member of the Tofino Arts Council for the Tofino Arts Council Event Support grant application discussion. Maureen and Kim left the meeting at 2:30 p.m. and returned 2:33 p.m.

Committee member Roslyn Newman declared a conflict of interest as the market coordinator of the Tofino Market for the Tofino Market Event Support grant application discussion. Roslyn left the meeting at 2:39 p.m. and returned 2:40 p.m.

Motion: THAT the Event, Arts, Culture and Heritage Advisory Committee recommend the following recipients for the 2021 Event Support Grant program, be awarded as follows:

Friends of Clayoquot Sounds - $2500.00 Tofino Arts Council - $2500.00 Tofino Community Food Initiative - $2500.00 Tofino Jazz Festival - $2500.00 Tofino Market - $2500.00 A Chef for the Future - $0.00 CARRIED UNANIMOUSLY

Arts, Culture and Heritage grant funding in the amount of $9,968.00 was left remaining in the 2021 budget. The EACH Advisory Committee discussed options for the allocation of remaining funds.

Motion:

May 13, 2021 Events, Arts, Culture & Heritage Advisory Committee Minutes Page 2 of 3

Page 106 of 113 THAT a second call be put out for the Arts, Culture and Heritage grant program in 2021. CARRIED UNANIMOUSLY

Event Support grant funding in the amount of $7,500 was left remaining in the 2021 budget. The EACH Advisory Committee discussed options for the allocation of remaining funds.

Motion: THAT the remaining unallocated funds in the 2021 Event Support grant program be deferred and used in the Event Support grant program for 2022. CARRIED UNANIMOUSLY

4. UNFINISHED BUSINESS

4.1 Schedule of Meeting Dates

Committee discussed future meeting dates for mid-September and mid-November of 2021. Dates to be confirmed at a later point in time.

5. ADJOURNMENT

5.1 The meeting was adjourned at 2:58 p.m.

CERTIFIED CORRECT:

Cindy Hutchison, Culture and Events Al Anderson, Chair Programmer

May 13, 2021 Events, Arts, Culture & Heritage Advisory Committee Minutes Page 3 of 3

Page 107 of 113 The Corporaon of the District of Toﬁno NOTICE OF MOTION

Council members must give noce of their intenon to introduce a moon for Council’s consideraon by: (a) Verbally stang at the appropriate point in the agenda (Business Iniated by Council Members) their intenon to bring forward a moon at a subsequent meeng, and (b) Subming a wrien copy of the moon to the Corporate Oﬃcer by noon, at least 6 days before the meeng date.

MEETING DATE May 25, 2021 FROM Councillor Cathy Thicke TITLE Increasing Computer Funds Reimbursement (Amending Council Remuneration Bylaw)

MOTION

That Council amend District of Tofino Council Remuneraon Bylaw No. 1254, ,2018 by replacing sec. 3.9, which states:

"A reimbursement of up to $750 will be given to each Council Member for the purchase of a computer within the ﬁrst two years of any four-year term, upon proof of purchase. Aer the ﬁrst two years of any four- year term, the reimbursement shall be provided on a prorated basis. Informaon technology services an d maintenance of the computer will be at the Council Member’s expense." with

"A reimbursement of up to $750 will be given to each Council Member for the purchase of a computer, at the beginning of their term on Council. Informaon technology services and maintenance of the computer will be at the Council Member’s expense."

COUNCIL STRATEGIC PLAN GOALS

Choose an item. 1. Strategic Priority: 16. Enhance communicaons and community engagement to increase civic parcipaon and inform decision-making (p. 4-District of Toﬁno Strategic Plan 2021-2023)

FINANCIAL IMPACTS

2021-2025 Financial Plan Bylaw No. 1306, 2021.

BACKGROUND

A recent by-elecon has led to two new members of Council and a new Mayor on the DoT Council. The wording of the by-law currently does not facilitate a Councillor or Mayor from purchasing the most eﬀecve tool that they could have to do the job that is required. With Zoom now a frequent occurrence an iPad or computer is necessary. Concerns over privacy and personal space on home computers are also issues.

Page 108 of 113 DISCUSSION

I believe that every Mayor/Councillor needs to have the tools necessary to do the job that they have been elected to do, and that privacy must be guaranteed for both the Councillor and the District.

Respecully submied,

Councillor Cathy Thicke

Appendix 1 - District of Tofino Council Remuneration Bylaw No. 1254, 2018

Page 109 of 113 CORPORATION OF THE DISTRICT OF TOFINO

District of Tofino Council Remuneration Bylaw No. 1254, 2018

Effective Date – January 1, 2019

Page 110 of 113 DISTRICT OF TOFINO

BYLAW NO. 1254, 2018

A bylaw to establish the remuneration, benefits and expense reimbursement for Mayor and Council.

WHEREAS the District of Tofino Council is authorized to provide annual remuneration for Council members to be paid out of annual revenue;

AND WHEREAS the Council of the District of Tofino considers it expedient to exercise such power by bylaw in keeping with the principles of openness, transparency and accountability;

NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows:

1. Name

The name of this Bylaw for citation purposes is “District of Tofino Council Remuneration Bylaw No. 1254, 2018.”

2. Definitions

In this Bylaw:

Council means District of Tofino Mayor and Councillors.

Council Member means the Mayor or Councillors of the District of Tofino.

District means the Corporation of the District of Tofino.

Council Business means business that a Council Member was designated to attend on behalf of Council, as approved by the Mayor or by resolution of Council.

Annual Remuneration means the base rate remuneration exclusive of other amounts paid for training, conferences, travel and appointed body meetings.

3. Remuneration

3.1 Effective January 1, 2019, an Annual Remuneration shall be paid to Council Members out of general revenue as follows: i) Mayor $30,000.00 ii) Councillor $15,000.00

3.2 The Annual Remuneration shall be paid on a bi-weekly basis.

3.3 Effective the first full pay period in March of year 2020, an annual adjustment based on the previous year’s Consumer Price Index published by Statistics Canada for British Columbia shall be applied to the current year’s Annual Remuneration.

3.4 Except with the prior leave of Council, Annual Remuneration shall be paid to Council Members absent from regular Council meetings and Committee of the Whole meetings as follows:

i) Up to four (4) regular Council meetings for vacation or sick leave purposes per year, after which the Annual Remuneration paid under Section 3.1 is reduced on a prorated basis, for any further meeting absences.

ii) One (1) Committee of the Whole meeting for vacation or sick leave purposes per year, after which the Annual Remuneration paid under Section 3.1 is reduced on a prorated basis, for any further meeting absences.

District of Tofino Council Remuneration Bylaw No. 1254, 2018 2

Page 111 of 113 3.5 Where a Council Member is absent from a regular Council meeting or Committee of the Whole meeting for the purposes of Council Business, it will not be considered a meeting absence under Section 3.4.

3.6 Subject to the provisions of the Community Charter, a Council Member may be absent for one scheduled Council meeting and one scheduled Committee of the Whole meeting, in addition to absences permitted under Section 3.4, for the purposes of compassionate or bereavement leave in the case of a close relative, without loss of pay.

3.7 If a Council Member attends conferences and training, authorized by resolution of Council, outside District boundaries, the member shall be paid a taxable allowance of $150.00 per day, including travel time.

3.8 If a Council Member attends scheduled meetings for the following bodies for which Council has been formally appointed, the member shall be paid a taxable allowance of $65 for 4 hours or less in each day, and $150 for more than 4 hours in each day, including travel time:

i) Island Coastal Economic Trust – Regional Advisory Group ii) Vancouver Island Regional Library iii) Tofino Harbour Authority

3.9 A reimbursement of up to $750 will be given to each Council Member for the purchase of a computer within the first two years of any four-year term, upon proof of purchase. After the first two years of any four-year term, the reimbursement shall be provided on a prorated basis. Information technology services and maintenance of the computer will be at the Council Member’s expense.

4. Benefits

Council Members shall be entitled to the District of Tofino’s elected official group benefit plan, subject to the rules of the benefit provider, at the District’s cost.

5. Expense Reimbursement

If a Council Member is authorized to:

i) represent the District, ii) engage in Council Business, or iii) attend authorized conferences or training,

outside District boundaries, that Council Member shall be reimbursed for expenses incurred in accordance with the policy regarding municipal travel expenses.

6. Severability

If any provision of this Bylaw is held to be invalid by any court of competent jurisdiction, that provision shall be severed and its severance shall not affect the validity of the remainder of the Bylaw.

7. Repeal

“District of Tofino Council Remuneration, Benefits and Expense Reimbursement Bylaw No. 1186, 2009” is hereby repealed.

8. Effective Date

This Bylaw shall come into force and effect on January, 1, 2019.

READ A FIRST TIME on October 9, 2018

District of Tofino Council Remuneration Bylaw No. 1254, 2018 3

Page 112 of 113 READ A SECOND TIME on October 9, 2018

READ A THIRD TIME on October 9, 2018

ADOPTED on October 23, 2018

Josie Osborne, Mayor Robert MacPherson, Corporate Officer

District of Tofino Council Remuneration Bylaw No. 1254, 2018 4

Page 113 of 113