Municipality of North Cowichan Council Agenda Package

Municipality of North Cowichan Regular Council AGENDA

Wednesday, April 17, 2019, 1:30 p.m. Municipal Hall - Council Chambers Pages

1. CALL TO ORDER

This meeting is open to the public. All representations to Council form part of the public record. Proceedings will be streamed live and archived at northcowichan.ca.

2. APPROVAL OF AGENDA

Recommendation: That Council adopt the April 17, 2019 Regular Council agenda, as circulated [or as amended].

3. ADOPTION OF MINUTES 6 - 17

Recommendation: That Council adopt the minutes of the following meetings:

1. Committee of the Whole meeting held April 3, 2019; 2. Regular Council meeting held April 3, 2019; and 3. Special Council meeting held April 8, 2019.

4. MAYOR'S REPORT

5. PUBLIC INPUT

Opportunity for brief verbal input from registered speakers regarding subsequent agenda items.

6. DELEGATIONS AND PRESENTATIONS

6.1 DELEGATION: Alastair MacGregor, MP Re: housing, opioid crisis and watershed protection

6.2 DELEGATION: Cynthia Montgomery Re: Presentation of a Petition to Request 18 - 18 that Council Implement a Tree Protection Bylaw

6.3 DELEGATION: Maria Green and Alison Strom Re: Request to Remove a Tree at 19 - 19 2908 Stonehaven Drive

7. UNFINISHED AND POSTPONED BUSINESS 7.1 Community Engagement on the Municipal Forest Reserve 20 - 23

Purpose: To vote on the following resolution that was postponed from the March 20, 2019 Council meeting until all members of Council were present to vote.

Recommendation: That Council affirm its desire to go ahead with a meaningful public engagement, both deep and broad, on the future management of our forests defined by the following decision statement:

Council will decide on an overall vision for the highest and best use of the Municipal Forest Reserve that:

1. will emphasize ecological stewardship and promotion of biodiversity; 2. will build and enhance those values and interests the forest has for the community and forest experts; 3. will be used to inform the development of a management framework and long term plan for achieving the vision; and 4. if harvesting is to continue, will establish harvesting guidelines.

This decision will preferably be made by January 2020, but will not be rushed.

7.2 Proposed Environmental Position 24 - 34

Purpose: To vote on the following resolution that was postponed from the March 20, 2019 Council meeting until all members of Council were present to vote.

Recommendation: That a senior environmental specialist be hired to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan.

8. FOREST ADVISORY COMMITTEE RECOMMENDATIONS

8.1 April 8, 2019 Forest Advisory Committee Minutes (for information purposes) 35 - 39

8.2 Letter from UBC Professor Peter Arcese Re: Proposed Collaboration on 40 - 41 Developing Forest Management Plans to Achieve Shared Goals

Committee Recommendation: That Council direct staff to:

1. Explore the opportunity of forming a collaboration between the Municipality of North Cowichan, UBC, and the Coastal Douglas Fire Conservation Partnership, as proposed by the University of British Columbia, for the purposes of developing forest management plans to achieve shared goals and report back to the Committee; and 2. invite a UBC/Conservation partnership group member to attend an upcoming Forest Advisory Committee meeting to provide a presentation and answer questions from Committee members.

2 8.3 Forest Operations Review

Committee Recommendation: That Council consider conducting a resident survey as part of the forestry engagement strategy that would provide for public input into how the forestry reserve is managed.

9. BYLAWS

9.1 Bylaw 3740 "Animal Responsibility Bylaw, 2019" - a bylaw to include provisions 42 - 68 for animal welfare, control, licencing, duties of animal owners, penalties, and enforcement (adoption)

Purpose: To consider adopting “Animal Responsibility Bylaw No. 3740, 2019” - a bylaw that includes provisions for animal welfare, control, licencing, duties of animal owners, penalties, and enforcement.

Recommendation: That Council select one of the following options:

1. That Council adopt “Animal Responsibility Bylaw No. 3740, 2019” – a bylaw to include provisions for animal welfare, control, licencing, duties of animal owners, penalties, and enforcement; or 2. That “Animal Responsibility Bylaw No. 3740, 2019” be amended to remove Section 9(c) and 35(e); And That Council give “Animal Responsibility Bylaw No. 3740, 2019” third reading, as amended.

9.2 Bylaw 3745 "Fees Amendment Bylaw, 2019" - a bylaw to amend the animal fees 69 - 70 (adoption)

Purpose: To consider adopting Bylaw 3745 "Fees Amendment Bylaw, 2019" - a bylaw to amend the Fees Bylaw by repealing Section 2 (Animal Fees) and replacing it with a new Section 2 (Animal Fees).

Recommendation: That Council adopt Bylaw 3745 “Fees Amendment Bylaw, 2019” – a bylaw to amend the Animal Fee schedule.

9.3 Bylaw 3747 "Five-Year Financial Plan Bylaw, 2019" and Bylaw 3749 "Tax Rates 71 - 79 Bylaw, 2019" (first 3 readings)

Purpose: To consider giving first three readings to the "Five-Year Financial Plan Bylaw, 2019", No. 3747 and "Tax Rates Bylaw, 2019", No. 3749.

Recommendation: That Council give first three readings to “Bylaw 3747, Five-Year Financial Plan, 2019”.

Recommendation: That Council give first three readings to “Bylaw 3749, Tax Rates Bylaw, 2019”.

3 9.4 Bylaw 3744 "Fees Amendment Bylaw (No. 2 - Waste Collection Fees) 2019" - a 80 - 81 bylaw to formalize the garbage rate increases as outlined in the 2019-2023 Financial Plan (adoption)

Purpose: To adopt the "Fees Amendment Bylaw (No. 2 - Waste Collection Fees) 2019", No. 3744 - a bylaw to formalize the garbage rate increases as outlined in the 2019-2023 Financial Plan.

Recommendation: That Council adopt “Fees Amendment Bylaw (No. 2 Waste Collection Fees), 2019” No. 3744 – a bylaw to provide for a 2% rate increase to cover the increased costs associated with waste collection.

10. CORRESPONDENCE

10.1 The Erosion of Democratic Elected Government 82 - 86

Purpose: To consider supporting the resolution as put forward by the Mayor of Maple Ridge to write Premier Horgan requesting that the Province of BC work in collaboration with local governments within the bounds of their respective jurisdictions on all current and future projects of mutual concern to local governments and the Provincial Government.

Recommendation: That Council select one of the following options:

1. That Council support sending resolutions to Premier Horgan as outlined in the April 5, 2019 letter by the Mayor of Maple Ridge; or 2. That Council receive and file the April 5, 2019 letter by the Mayor of Maple Ridge.

11. NOTICE OF MOTIONS

12. NEW BUSINESS

13. QUESTION PERIOD

Public opportunity to ask brief questions regarding the business of this meeting.

14. RISE AND REPORT

14.1 Rise and Report from the April 8, 2019 Closed Session

Purpose: To ratify the motion made at the April 8, 2019 Closed Council meeting.

Recommendation: That Council ratify the following recommendation:

That Council continue with the present Committee of the Whole structure until October, 2019 at which time the committee structure will be re-evaluated by Council;

And That future Committee of the Whole meetings be chaired by the Deputy Mayor.

4 15. ADJOURNMENT

Recommendation: That Council adjourn the April 17, 2019 Regular Council meeting at _____ p.m.

Municipality of North Cowichan Committee of the Whole MINUTES

April 3, 2019, 11:00 a.m. Municipal Hall - Council Chambers

Members Present Mayor Al Siebring Councillor Rob Douglas (arrived at 12:02 p.m.) Councillor Christopher Justice Councillor Kate Marsh Councillor Rosalie Sawrie Councillor Debra Toporowski

Members Absent Councillor Tek Manhas

1. CALL TO ORDER

There being a quorum present, Mayor Siebring called the meeting to order at 11:00 a.m.

2. APPROVAL OF AGENDA

It was moved and seconded: That the Committee approve the April 3, 2019 Committee of the Whole agenda as amended by changing the order of business to consider item 4.2 prior to item 4.1. CARRIED

3. PUBLIC INPUT

Council received brief public input from registered speakers regarding items on this agenda.

4. STAFF REPORTS

4.2 Official Community Plan - Proposed Process, Timeline and Project Plan

The General Manager of Development Services introduced the Official Community Plan (OCP) process, timelines and project plan and highlighted the vision for how the community was going to be engaged in the process. 1 6 April 3, 2019 - Committee of the Whole Minutes

The Director of Planning then provided a PowerPoint presentation on the OCP project governance structure.

A question and answer period ensued.

Councillor Douglas entered the Council Chambers at 12:02 p.m.

The Community Planning Coordinator then provided a PowerPoint presentation on the OCP rewrite process proposal. Highlights of his presentation included an overview of the following:

• Designing the process and values; • The consultation, engagement communication phases; • Designing the process principles and core elements; • The OCP project governance structure; • The OCP advisory and ambassador groups; • An overview of the four phases; and • An outline of the proposed key decisions over the next two to four year period.

A question and answer period ensued regarding the data to be included in the plan, the vision and goals, the plan development, and how the community will be engaged and consulted.

It was moved and seconded: That the Committee of the Whole recommend to Council that staff commence with establishing a process for rewriting the Official Community Plan as outlined in the April 3, 2019 report by the Community Planning Coordinator.

It was moved and seconded: That consideration of the motion be postponed to a future committee of the whole meeting for further discussion. (Opposed: Siebring) CARRIED

4.1 Manager of Communications and Public Engagement Re: A Conversation About Community Engagement

This item was deferred to the April 17, 2019 Committee of the Whole meeting.

5. NEW BUSINESS

None.

6. QUESTION PERIOD

Council received no questions from the public regarding business considered at this meeting.

2 7 April 3, 2019 - Committee of the Whole Minutes

7. ADJOURNMENT

It was moved and seconded: That Council adjourn the April 3, 2019 Committee of the Whole meeting at 1:00 p.m. CARRIED

______Certified by Corporate Officer Signed by Mayor

3 8

Municipality of North Cowichan Regular Council MINUTES

April 3, 2019, 1:30 p.m. Municipal Hall - Council Chambers

Members Present Mayor Al Siebring Councillor Rob Douglas Councillor Christopher Justice Councillor Kate Marsh Councillor Rosalie Sawrie Councillor Debra Toporowski

Members Absent Councillor Tek Manhas

Staff Present Ted Swabey, Chief Administrative Officer (CAO) Karen Robertson, Corporate Officer Jacqueline East, General Manager, Development and Engineering Services Mark Frame, General Manager, Financial and Protective Services Ernie Mansueti, General Manager, Community Services Marla Laycock, Manager Human Resources David Conway, Director of Engineering Rob Conway, Director of Planning Natasha Horsman, Manager, Communications and Strategic Initiatives Glenn Morris, Development Planning Coordinator Caroline von Schilling, Development Planner Larissa Barry-Thibodeau, Planning Technician Mairi Bosomworth, Community Planner

1. CALL TO ORDER

There being a quorum present, Mayor Siebring called the meeting to order at 1:30 p.m.

2. APPROVAL OF AGENDA

It was moved and seconded: That Council adopt the April 3, 2019 Council agenda, as amended, to include the following changes: • To add a Grant in Aid request from the Crofton Community Centre Society, under New Business, item 10.1; • To pull item 7.1 – Community Engagement on the Municipal Forest Reserve so that Council can consider this item when all members of Council are present to vote; • To pull item 7.2 – Proposed Environmental Position so that Council can consider this item when all members of Council are present to vote; and

1 9 April 3, 2019 - Regular Council Minutes

• To add an item of business to the Closed portion of the meeting under New Business – Item 3.1 under Section 90(1)(i) – the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED

3. ADOPTION OF MINUTES

It was moved and seconded: That Council adopt the minutes of the following meetings: 1. Special Council meeting held March 20, 2019; and 2. Committee of the Whole meeting held March 20, 2019. CARRIED It was moved and seconded: That Council adopt the Regular Council meeting minutes held March 20, 2019, as amended, to note that Councillor Douglas was opposed to the amendment motion under item 7.1, at the top of page 5. CARRIED

4. MAYOR'S REPORT

The Mayor gave a verbal report on meetings and activities he recently attended.

5. PUBLIC INPUT

Council received brief public input regarding agenda items from the following registered speakers: • Kevin Satterfield spoke to item 8.4 – Zoning Amendment Bylaw (Cannabis Sales – 2900 Drinkwater Road); • Jasmine Oberste spoke to item 7.1 – Community Engagement on the Municipal Forest Reserve; • Paulina Kee spoke to item 7.1 – Community Engagement on the Municipal Forest Reserve; • Joyce Behnsen spoke to item 7.2 – Proposed Environmental Position; and • Sabine Almstrom spoke to item 7.1 – Community Engagement on the Municipal Forest Reserve.

6. DELEGATIONS AND PRESENTATIONS

6.1 PRESENTATION: Mayor Siebring to Present a Carnegie Heroes Medal for Bravery to John Thomas Prokop

Mayor Siebring presented Mr. John Thomas Prokop with the prestigious Carnegie Hero Medal for his act of bravery on July 18, 2016 where he assisted Constable Baines in holding down an assailant who was reaching for the officer’s duty belt which held a holstered handgun. Details of the specific incident are outlined on the April 3, 2018 agenda.

The Carnegie Hero Fund Commission was created in 1904 to recognize outstanding acts of selfless heroism performed in the United States and Canada. The medal is awarded to those who risk their lives to an extraordinary degree while saving or attempting to save the lives of others.

2 10 April 3, 2019 - Regular Council Minutes

Constable Baines and Inspector Chris Bear were in attendance to show their appreciation to Mr. Prokop for his act of heroism.

6.2 DELEGATION: Amy and Tafadzwa Matama Re: Concept for an Agricultural, Music, Arts & Culture, and Health and Wellness School in North Cowichan

Amy and Tafadzwa Matama were in attendance to introduce Council to their concept for the development of an agricultural, music, arts and culture, and health and wellness school in North Cowichan for local and international students of all ages.

Ms. Matama stated that it was their vision to build on an “edu-tainment’ philosophy where they bring successful artists, educators, athletes and farmers from Zimbabwe to Vancouver Island to model an inspiring work ethic, performance ethics, and cultural exchange. They were seeking support for funding in the future to go towards the following:

• employment creation; • greenhouses; • irrigation; • accommodation; and • a better location as their existing location is too small.

They concluded their presentation by expressing their appreciation for any letters of support that Council could provide as they embark on helping other artists immigrate to Canada from Zimbabwe.

7. UNFINISHED AND POSTPONED BUSINESS

7.1 Community Engagement on the Municipal Forest Reserve

This item was pulled from the agenda so that it could be considered at the next available Council meeting when all members of Council are present.

7.2 Proposed Environmental Position

This item was pulled from the agenda so that it could be considered at the next available Council meeting when all members of Council are present.

8. REPORTS

8.1 Temporary Use Permit - 2003 University Way (Women's Shelter)

Councillor Sawrie declared a conflict of interest as she is employed with Social Planning Cowichan who indirectly receives funding on an unrelated contract from the Cowichan Women Against Violence Society and left the Council Chambers at 2:32 p.m.

It was moved and seconded: That notice be issued of Council’s intention to consider an amendment to Temporary Use Permit No. TUP00017, to remove the condition that use of a temporary women’s shelter at 2003 University Way be restricted to between November 1 and March 31. CARRIED

3 11 April 3, 2019 - Regular Council Minutes

Councillor Sawrie returned to the Council Chambers at 2:33 p.m.

8.2 Cannabis Production Facilities in the Agricultural Land Reserve

It was moved and seconded: That Council receive, for information, the Community Planner's April 3, 2019 Cannabis Production Facilities in the Agricultural Land Reserve report. CARRIED

8.3 Bylaw 3746 "Zoning Amendment Bylaw (Micro Cannabis Production Facility), 2019" - a bylaw to define and permit Micro Cannabis Production Facilities in the Commercial Service Zone (C3)

It was moved and seconded: That Council give first and second readings to Bylaw 3746 “Zoning Amendment Bylaw (Micro Cannabis Production Facility), 2019” to define and permit Micro Cannabis Production Facilities in the Commercial Service Zone (C3). CARRIED

8.4 Bylaw 3748 "Zoning Amendment Bylaw (Cannabis Sales - 2900 Drinkwater Road), 2019" – a bylaw to permit Cannabis Retail Sales

During the discussion on the application, it was noted that a second rezoning application to establish a retail cannabis store had been received by the Municipality from Costa Canna Corporation on the adjacent parcel very near to where the store is being proposed for this application.

At this point during the discussion, Councillor Toporowski declared a perceived conflict of interest as Cowichan Tribes is a partner in Costa Canna Corporation and she is a Cowichan Tribes Council member. She left the Council Chambers at 2:50 p.m.

It was moved and seconded: That Council hold off considering the site specific rezoning application by the BC Liquor Distribution Branch to permit the use of a Retail Cannabis Sales at 2900 Drinkwater Road until such time as the application from Costa Canna Corporation is ready for Council’s consideration so that both applications can be considered at the same time. (Opposed: Douglas) CARRIED Councillor Toporowski returned to the Chambers at 2:58 p.m.

8.5 Bylaw 3743 "Zoning Amendment Bylaw (1038 Herd Road), 2019" - a bylaw to amend the Residential Rural Zone (R1) to permit a second detached residential building at 1038 Herd Road

It was moved and seconded: That Council give first and second readings to Bylaw 3743 "Zoning Amendment (1038 Herd Road), 2019" in order to permit a second residential building;

And That staff be directed to proceed with the public hearing process to notify neighbouring properties within a 60m radius of the subject property and place

4 12 April 3, 2019 - Regular Council Minutes

advertisements in the local newspaper, as per the requirements of the Local Government Act.

It was moved and seconded: That Council postpone consideration of the application until the staff report is received by Council on second dwellings outside the urban containment boundary. (Opposed: Siebring; Marsh; Sawrie; Toporowski) DEFEATED

The vote was taken on the main motion: That Council give first and second readings to Bylaw 3743 "Zoning Amendment (1038 Herd Road), 2019" in order to permit a second residential building;

And That staff be directed to proceed with the public hearing process to notify neighbouring properties within a 60m radius of the subject property and place advertisements in the local newspaper, as per the requirements of the Local Government Act. (Opposed: Douglas; Justice) CARRIED

8.6 Bylaw 3744 "Fees Amendment Bylaw (No. 2 - Waste Collection Fees) 2019" - a bylaw to formalize the garbage rate increases as outlined in the 2019-2023 Financial Plan

It was moved and seconded: That Council give first three readings to “Fees Amendment Bylaw (No. 2 Waste Collection Fees), 2019” No. 3744 – a bylaw to provide for a 2% rate increase to cover the increased costs associated with waste collection. CARRIED

8.7 Crofton Communities in Bloom Re: Request to Permit Development of Gardens and Structures at the Crofton Museum Gardens

It was moved and seconded: That Council support the development of the Crofton Museum grounds, with work being undertaken by the Crofton Community Centre Society, within the following parameters: • That the land identified to be developed as gardens, as outlined in the Director of Parks and Recreation’s March 20, 2019 report, is approved by Council with the understanding that the two co-landowners have permitted such; • And That community consultation occur to encourage and incorporate community feedback into the final design and construction. CARRIED

5 13 April 3, 2019 - Regular Council Minutes

8.8 Bylaw 3740 "Animal Responsibility Bylaw, 2019" - a bylaw to include provisions for animal welfare, control, licencing, duties of animal owners, penalties, and enforcement

The Corporate Officer asked that Council consider amending sections 95(e) and 99(b) of the bylaw to reflect a 72 hours impoundment period rather than 96 hours so that this provision is consistent with other jurisdictions in the Cowichan Valley, prior to giving the bylaw first three readings.

It was moved and seconded: That the reference to "96 hours" in section, 95(e) and 99(b) of the bylaw be removed and replaced with "72 hours". CARRIED It was moved and seconded: That section 9(e) - an aquarium or zoological park operated by an organization accredited by the Canadian Association of Zoos and Aquariums be removed from the bylaw. (Opposed: Siebring) CARRIED It was moved and seconded: That section 40 be amended to: • insert the words “or go for a walk” after the words private lands; and • delete section 40(b) and replace it with the following: "immediately returns the Dog to the building or Pen upon completion of the urination, defecation, or walk." CARRIED It was moved and seconded: That Council give first three readings to Bylaw 3740 “Animal Responsibility Bylaw, 2019”, as amended. CARRIED

8.9 Bylaw 3745 "Fees Amendment Bylaw, 2019" - a bylaw to amend the animal fees

It was moved and seconded: That Council give first three readings to Bylaw 3745 “Fees Amendment Bylaw, 2019” – a bylaw to amend the Animal Fee schedule. CARRIED

9. NOTICE OF MOTIONS

9.1 Municipal Survivor Climate Challenge It was moved and seconded: That Council members be encouraged to participate in the District of Highlands Municipal Survivor Climate Challenge by registering at https://www.footprintcalculator.org on April 22, 2019 (Earth Day) and tracking their average “One-Planet Living” footprint for one year (until Earth Day, 2020). CARRIED

6 14 April 3, 2019 - Regular Council Minutes

10. NEW BUSINESS

10.1 Crofton Community Centre Society - Grant In Aid Application

It was moved and seconded: That Council approve the Crofton Community Centre Society’s request for a grant in aid in the amount of $1,300 to cover the costs associated with hanging banners on lamp standards to celebrate the Crofton Society’s 65th anniversary. CARRIED

11. QUESTION PERIOD

Council received questions from the public regarding business considered at this meeting.

12. CLOSED SESSION

It was moved and seconded: That Council close the April 3, 2019 Regular Council meeting to the public at 3:46 p.m. under the following section of the Community Charter: • Section 90(1)(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; and • Section 90(1)(i) – the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED

13. RISE AND REPORT

Council rose, without report.

14. ADJOURNMENT

It was moved and seconded: That Council adjourn the April 3, 2019 Regular Council meeting at 4:45 p.m. CARRIED

______Certified by Corporate Officer Signed by Mayor

7 15

Municipality of North Cowichan Special Council MINUTES

April 8, 2019, 12:30 p.m. Municipal Hall - Maple Bay Meeting Room

Members Present Mayor Al Siebring Councillor Rob Douglas Councillor Christopher Justice Councillor Tek Manhas Councillor Kate Marsh Councillor Rosalie Sawrie Councillor Debra Toporowski

Staff Present Ted Swabey, CAO Karen Robertson, Corporate Officer Sarah Nixon, General Manager, People and Business Services

1. CALL TO ORDER

There being a quorum present, Mayor Siebring called the April 8, 2019 Special Council meeting to order at 12:30 p.m.

2. APPROVAL OF AGENDA

It was moved and seconded: That Council approve the April 8, 2019 Special Council agenda as circulated. CARRIED

3. CLOSED SESSION

It was moved and seconded: That Council close the April 8, 2019, Special Council meeting to the public on the basis of the following sections of the Community Charter: 1. 90(1)(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; 2. 90(1)(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; and 3. 90(1)(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]. CARRIED

1 16 April 8, 2019 - Special Council Minutes

4. ADJOURNMENT

It was moved and seconded: That Council adjourn the April 8, 2019 Special Council meeting at 3:16 p.m. CARRIED

______Certified by Corporate Officer Signed by Mayor

2 17 On April 17,1 will be presenting a paper petition to North Cowichan Council, signed by 500 North Cowichan residents, requesting a bylaw to protect all large, healthy trees. This petition is not about protecting ALL trees, nor is it intended to interfere with development. Neither does it present criteria for determining which trees are to be protected. I would leave that to Council, perhaps in consultation with the many municipalities that have similar bylaws.

I will primarily talk about why all property owners should want protection on large healthy trees on or near their properties; liveability, mitigation of flooding, and healthy-tree windbreaks impact property values. The prevention of erosion and landslides is especially important to consider in our area, where much housing is on hillsides and not sited on bedrock. This danger is dramatically illustrated by some disastrous events that have happened near our region because of developments built on or under clearcuts.

I will present a visual of a development on Whidbey Island, north of Seattle, which is built on a ctearcut hillside and is slowly sliding down to the beach. I will present before-and-after aerial photos of a large landslide in Oso, WA, which killed 49 people in their homes. One can see that a forested portion of the hillside had been recently clearcut exactly above the destruction.

Consulting arborists will be needed to assess trees. These consultants could save North Cowichan a lot of money in storm damage by recommending the removal of weak and diseased trees that pose a danger to roadways & communities.

I want to emphasize that this petition is not against development. Instead, it's about asking developers to become even more creative, rather than endlessly employing the same tired templates, so tediously repeated across North America. This was commonly done only 10 or 20 years ago.

But I understand that North Cowichan doesn't even enforce provincial restrictions on clearing trees along fish-bearing streams.

This bylaw will also impact private property owners. Some will say that no one can tell a property owner what they must or must not do on their own land. And yet, we do place such restrictions on unsightly or noisy properties because they devalue their neighbourhoods.

Victoria is rapidly growing, perhaps approaching 500,000. When some form of railway becomes a viable commuter option-and sooner or later, it will, Council will be under even more pressure from developers. Try to picture our Valley covered with template, cookie-cutter, almost treeless developments. At that point, we will become just another faceless North American suburb. I believe now is the time for Council to determine how this expanded development push will play out.

18 I currently live at 2908 Stonehaven Drive here in Duncan and am looking to have a tree removed from the park property adjacent to my property. I am happy to pay for the cost of this removal but, of course, as it is park land need your permission and approval to do so. I bought the property at 2908 Stonehaven last year and it is my retirement home, the home of my dreams. This property included a tiny patio behind the house for my use. Once the home was built, patio set up - it soon became apparent to me that the pitch from the tree along the fence line of the park and my property was dropping everywhere on my patio and patio furniture. Pitch, as you know, sticks to everything and is almost impossible to remove. Although I have covers over all of my outdoor furniture and have considered having a retractable cover, or structure built, it would still stick to everything and would ruin any structure that I build. The falling needles alone have cost me 1000.00 per year as I have to have my gutters and eves cleaned 3 times per year. The pitch sticks on your feet, comes into the house and ruins almost everything it touches. At present, I am unable to use my patio and this causes me a great amount of distress. I am a 71 year old widower, living alone and simply wish to enjoy, more than likely the last home that I will ever own. I hope to live in this home and on this property for a long time, but the situation with the tree and patio mess increases my already inherent anxiety exponentially and therefore I ask at this time if there is any way that I could pay to have the tree removed.

19 Report

Date March 20, 2019 File:

To Council From Natasha Horsman, Manager of Communications and Strategic Endorsed: Initiatives Subject Community Engagement on Municipal Forest Reserve

Purpose

To seek Council confirmation about community engagement on the Municipal Forest Reserve.

Background

On February 15, 2019, Council adopted the terms of reference for its Forestry Advisory Committee. Key tasks for the Committee are to:  “Conduct a full review of current practices and provide short-term to long-term recommendations for improvements that will enhance North Cowichan’s valuable municipal forest resources.”  “The review will be expansive enough to consider overall vision and overall management framework for the forest.”

Under the terms of reference, the review will be focused on evaluating current forest management practices and identifying recommendations for improvements.

Council also heard that a number of community members desire broad engagement on the future of the Municipal Forest Reserve. Council confirmation is sought about whether Council wishes to undertake broad community engagement, and if it does, in defining the central decision that community engagement will support.

Discussion

Decision Statement and Scope Community engagement is a method to assist decision-makers in making effective decisions. In order for engagement to be meaningful, it needs to occur within the context of a decision that has not yet been made, leaving room for input to be considered and potentially incorporated. It can be appropriate to choose not to engage in some circumstances, for example, if the decision is highly constrained and there is no room to incorporate input, engagement would be disingenuous and harmful.

If Council wishes to conduct community engagement on the Municipal Forest Reserve, a decision statement should be developed to establish clear parameters for the decision that Council intends to make. Decision statements enable Council and staff to determine the scope of engagement that the public will be asked to participate in (see diagram below).

7030 Trans-Canada Highway | Duncan, BC V9L 6A1 Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca 20 Page 2

Most decisions have constraints that narrow the scope of engagement within a larger decision scope (e.g. legal requirements, financial or technical limitations, timelines, etc.). By clearly articulating WHAT will be decided, by WHOM, and WHEN, we can identify opportunities for including the public in the process. An example decision statement is “Council will adopt a new Fees Bylaw by November 30, 2016.”

Potential decision statements about the Municipal Forest Reserve are:  Council will revise the Municipal Forest Reserve Forest Management Plan and establish harvesting guidelines by January 2020. OR  Council will decide what activities will be supported and managed for in the Municipal Forest Reserve AND, if harvesting is to continue, will establish harvesting guidelines, by January 2020.

These decision concepts are illustrated in the diagrams below and are critical to confirm, as they set the scope for future engagement.

Decision statement #1: Council will revise the Municipal Forest Reserve Forest Management Plan and establish harvesting guidelines by January 2020.

Decision statement #2: Council will decide what activities will be supported and managed for in the Municipal Forest Reserve AND, if harvesting is to continue, will establish harvesting guidelines, by January 2020.

7030 Trans-Canada Highway | Duncan, BC V9L 6A1 Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca 21 Page 3

Replanting? Firearms discharge?

Invasive Retention? species? Recreation? Harvesting? Is the central Is the central issue how issue what we harvest? should occur in the MFR?

Harvesting Etc methods? Preservation? Etc

Next Steps: Once Council provides feedback on the scope of its decision and interest in community engagement, staff will prepare a subsequent report with options to meet Council’s intentions.

Options

1) Proceed with the current review underway by the Forestry Advisory Committee without broader community engagement. 2) Direct staff to bring back a report outlining next steps for community engagement based on one of the following decision statements: a. Council will revise the Municipal Forest Reserve Forest Management Plan and establish harvesting guidelines by January 2020. OR b. Council will decide what activities will be supported and managed for in the Municipal Forest Reserve AND, if harvesting is to continue, will establish harvesting guidelines, by January 2020 (RECOMMENDED). OR c. An alternate decision statement determined by Council.

Implications

Implication Description Financial  Presently $150k has been earmarked in the Forestry Operating Budget to support the review of the Forestry Department operations, including funds earmarked for public engagement led by an external expert.  If the scope of public engagement ultimately desired by Council exceeds what is available via the Forestry Operating Budget, it will be recommended that this be financed through the Forest Reserve Fund. Personnel  Depending on Council’s wishes, communication and engagement staff will be required to either conduct engagement or work with and oversee an engagement consultant.  Staff have limited capacity to deliver this project, given other Council priorities and ongoing operational needs. External support will likely be recommended.

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Community  A central issue will be determining who Council wishes to participate in engagement. Council  Council’s confirmation of a decision statement is important; once it commits to the decision, any public engagement will be defined with the ultimate decision in mind.

Recommendation

That Council direct staff to bring back a report with next steps for moving forward on seeking community input on the following decision statement: “Council will decide what activities will be supported and managed for in the Municipal Forest Reserve AND, if harvesting is to continue, will establish harvesting guidelines, by January 2020.”

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Date April 3, 2019 File:

To Council From Jacqueline East, General Manager, Development and Endorsed: Engineering Services, Sarah Nixon, General Manager, Corporate Services Subject Amended Report on Staff Position to Address Climate Change and Environment- Related Strategic Priorities

Purpose

To provide Council with an updated staff analysis table (to replace the table provided in the March 20, 2019 report) to advise Council of resourcing options to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan.

Background

Council received and debated the March 20, 2019 staff report and the following motion was moved and seconded:

That a senior environmental specialist be hired to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan.

A subsequent motion was made as follows:

That the recommendation to consider the proposed environmental position be referred to the April 3, 2019 Council meeting for consideration when all members of Council are present to vote on the matter. CARRIED

Based on feedback provided at the March 20, 2019 Council meeting, staff took the opportunity to engage in further 2019 work planning with the Development and Engineering services staff and as a result, some clarifying refinements were made to the table within the report which are noted in yellow. The previous table is attached so Council is able to compare the two tables.

Discussion

The updated table (changes highlighted in yellow) below summarizes the staff analysis of Council’s climate change and environment-related strategic priority projects against the factors outlined in the March 20, 2019 report. The assessment of environment-related project priorities and current resources concludes that additional resources – both internal professional staff and contracted expertise are required in order to meet all expectations. The updated information is intended for considered along with the information contained in the March 20, 2019 staff report (attached).

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Project New or On- Staff Resource External In-House Additional Going Assigned Expertise Capacity Resources Needed Available Needed Strengthen On-Going General Manager, Yes Partially Yes environmental * includes OCP, Development and (proposed policy in all land LAPs, and Engineering Services Environment use planning, development position) review IN-HOUSE Remodel and On-Going – Environmental Yes No – No – $100k implement the Remodelling Programs Coordinator Remodelling already Climate Action (2019) (2019) budgeted and Energy Plan New – No – CONTRACT + Implementation Implementation IN-HOUSE (2020) (2020) Reconsider the On-Going Director of Planning & Yes Yes No Urban *embedded in Director of Engineering *via OCP *presumes $100k *presumes Containment OCP project project and contracting $100k Boundary in scope & Quamichan support via OCP contracting relation to the Quamichan Lake Lake water project will be support via Quamichan water study study approved OCP project watershed will be approved CONTRACT Relocate the On-Going Senior Manager, Yes Partially No – $1mil Joint Utility Engineering already Board Sewage budgeted Outfall Location CONTRACT Multi-modal On-Going Director of Engineering No Partially Yes transportation and Director of (proposed networks Planning Environment position)

IN-HOUSE Evaluate options New Not assigned Yes No YES – $125k for budgeted + environmental proposed improvements Environment to Quamichan position and Somenos Lakes IN-HOUSE + CONTRACT Develop a New Not assigned Yes No Yes comprehensive (proposed climate change Environment

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Options

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Should Council not have any concerns with the changes proposed within this report, Council can proceed with voting on the motion as noted in the recommendation section of this report.

Should Council have concerns with the amendments, staff recommend that Council defeat the motion and select one of the two options that were outlined in the March 20, 2019 report. For Council’s convenience, they are outlined below. Please note that no changes were made to these options and analysis from the March 20, 2019 report.

1. Option 1 That a senior environmental specialist be hired to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan. The new position would facilitate and embed a culture of environmentalism throughout the organization and oversee budgeted environmental components of current projects including but not limited to: CAEP remodelling, sustainability in the OCP, JUB sewage outfall siting, integrated environmental and green infrastructure policies.

Advantages:  Dedicated environment and climate change leadership will be established in 2019;  The Environmental Programs Coordinator will receive more support and direction;  Current projects underway will benefit from an increased environment/climate change focus and professional support; and,  Increased Development and Engineering senior staff capacity for other strategic priorities of Council. Disadvantages:  Generates a net new position and fixed cost.  New environment and climate change projects will be delayed for consideration in the 2020 budget.  A new, senior, cross-functional environmental position may encounter change resistance in 2019 as the role will generate additional requirements and expectations for service areas already experiencing significant change and shifting expectations from outside and inside the organization.

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2. Option 2 That the endorsed 2019 budget allocation for an environmental position in 2019 ($60k) be used to contract the Municipal Biodiversity Protection Strategy or the Natural Asset Management Plan, and that the senior environmental specialist position be tabled for discussion in the 2020 Operating Budget.

Advantages:  A new priority project will be completed in 2019;  No net new position or additional fixed cost to the organization;  No risk of change resistance/change fatigue within the organization;  Council will have more time to consider the cost/benefit of adding the additional staff in relation to staff capacity and its environment and climate-related strategic priority projects.

Disadvantages:  Existing staff will serve as project managers to oversee the consultants and ensure deliverables are met in addition to their current capacity, presenting risks to timely project completion on on-going and new projects.  There will be no opportunity for a sustained internal cultural shift for the organization and improved expectations across service areas with regard to environmental and climate considerations.  Critical projects like the OCP, JUB Outfall, and CAEB will rely on current staff resources to promote an environmental imperative in their execution.

Recommendation

Motion on the floor:

That a senior environmental specialist be hired to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan.

Attachment(s): Report to Council: Staff Position to Address Climate and Environment-Related Strategic Priorities (March 20, 2019)

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Date March 20, 2019 File:

To Council From Ted Swabey, CAO & Sarah Nixon, General Manager, People Endorsed: and Business Services Subject Staff Position to Address Climate and Environment-Related Strategic Priorities

Purpose

To advise Council of resourcing options to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan.

Background

On February 20, 2019, Council directed staff to prepare a report recommending a net new staff position in 2019 to address climate change and environment-related strategic priorities of Council. Councillor Marsh tabled the motion because of concerns regarding staff capacity to complete climate change and environment-related projects in 2019 and beyond, given on-going projects and existing resourcing dedicated exclusively to environment.

Discussion

The 2019-2022 Council Strategic Plan clearly identifies that protecting and enhancing the environment is a strategic priority for North Cowichan, and enumerates eleven projects for completion in 2019-2022 which will support North Cowichan in leading environmental policies and practices to support the future health of the community.

Staff analyzed the following factors to prepare resourcing options for Council’s consideration.

1. New or On-Going: Staff distinguished whether projects were truly “new” and not part of on- going and underway work and considered whether activities can be built into the scope of work of on-going projects. Projects that are already on-going or can be embedded in larger project scopes require less resourcing to complete than completely “new” projects.

The Development and Engineering Services Division identified several projects already underway which directly or indirectly support the achievement of environment priority projects. For example, reconsideration of the Urban Containment Boundary in the Quamichan Watershed will be addressed through the re-write of the Official Community Plan.

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2. Staff Resource Assigned: Staff analyzed whether an existing position was assigned the work and whether the work was accounted for in the 2019 work planning of the assigned position. If the work was accounted for in the position’s 2019 work plan, this is important context as Council’s request that staff analyze resourcing of environment-related-priorities was informed by an overall shortage of organizational capacity for new work, not necessarily environment- related new work.

This analysis identified that the new General Manager of Development and Engineering Services is tasked with bringing Development and Engineering Services together and ensuring their alignment with Council’s strategic priorities. This new position has capacity to support the achievement of high-level environment-related strategic priorities and ensure environment is an embedded consideration in the work of the division and organization.

Staff assessed the anticipated 2019 work plans of the Director of Planning, Director of Engineering and Senior Manager, Engineering, all of whom lead significant environment projects or environment-related projects as part of their regular job duties.

Finally, staff assessed the 2019 work plan of the Environmental Programs Coordinator, the existing full-time resource dedicated to environment-related work that reports to the Senior Manager, Engineering. This determined the specific climate-change and environment-related projects that the existing resource is expected to support.

3. Expertise required: Staff assessed whether, regardless of capacity, external and/or additional expertise would need to be engaged to achieve Council’s environment-related priority projects. This is important because if external expertise is needed regardless of existing staff capacity, contracting dollars may be needed more than or in addition to an additional staff resource to achieve Council’s priority projects.

This factor highlighted that numerous newly identified priority projects will require unique technical expertise which we are unable to provide in-house, for example, the creation of a Biodiversity Protection Policy. In-house initiatives such as establishing green land use, development and infrastructure policies and standards still requires specialized environmental expertise.

4. Additional resources needed: Staff analyzed whether additional resources were needed – in the form of either staff time or additional budget dollars – to support completion of the project. In some cases, significant money is already budgeted for external support, which may indicate an additional staff resource is limited to project management and not needed to deliver the project. In other cases, budgets have not yet been identified and additional in-house work is required to scope the project and find funding sources.

The table below summarizes the staff analysis of Council’s climate change and environment-related strategic priority projects against the factors outlined above. The assessment of environment-related project priorities and current resources concludes that additional resources – both internal professional staff and contracted expertise are required in order to meet all expectations.

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Remodel and On-Going – Environmental Yes No – No – $100k implement the Remodelling Programs Coordinator Remodelling already Climate Action (2019) (2019) budgeted and Energy Plan New – No – CONTRACT + Implementation Implementation IN-HOUSE (2020) (2020) Reconsider the On-Going Director of Planning & Yes Yes No Urban *embedded in Director of Engineering *via OCP *presumes $100k *presumes Containment OCP project project and contracting $100k Boundary in scope & Quamichan support via OCP contracting relation to the Quamichan Lake Lake water project will be support via Quamichan water study study approved OCP project watershed will be approved CONTRACT Relocate the On-Going Senior Manager, Yes Yes No – $1mil Joint Utility Engineering already Board Sewage budgeted Outfall Location CONTRACT Multi-modal On-Going Director of Engineering No Yes Yes transportation and Director of networks Planning IN-HOUSE Evaluate options New Not assigned Yes No No – $125k for already environmental budgeted improvements to Quamichan IN-HOUSE and Somenos Lakes Develop a New Not assigned Yes No Yes comprehensive climate change IN-HOUSE risk and +CONTRACT vulnerability assessment

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Review On-Going Director of Engineering Yes Yes Yes requirements for gray water IN-HOUSE reuse, solar power, and charging stations in new development Evaluate the On-Going Director of No Yes No merits of Planning/Chief Building *Pending adopting the BC Inspector approval/hiring IN-HOUSE Energy Step of Chief Building Code Inspector Review On-Going Director of Engineering No Yes No opportunities for district IN-HOUSE energy system partnerships Support the On-Going Environmental No Yes No health of our Programs Coordinator beaches, including advocacy with other levels of government Integrate New General Manager, Yes Yes Yes natural assets Financial and into the overall Protective IN-HOUSE+ asset Services/General CONTRACT management Manager Development program and Engineering Services Increase On-Going Environmental No Yes No awareness of Programs waste reduction Coordinator/Manager of Communications and Strategic Initiatives Municipal New General Manager Yes No Yes Biodiversity Development Services Protection & Engineering CONTRACT Strategy

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Options

Council has the following options to achieve expedited progress on environment and climate change priorities:

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Implications

Both options presented use $60,000 as included in the proposed 2019 budget.

The contract option requires a defined project scope for one of the two priority projects, issuance of an RFP, contract award and project completion by year-end.

The option to hire a full time senior environmental specialist will establish a senior team leader for environmental services who will influence all municipal departments to ensure the quality and timely delivery of environmental projects and services. They will support large, complex and higher-risk projects and programs, including providing advice, guidance and recommendations on environmental and climate change management matters. They will lead inter-disciplinary and inter-departmental teams of professionals to deliver on environmental priorities as identified in Council's adopted Strategic Plan. They will develop creative, science-based solutions and ensure service areas are focused on collaboration, quality and timely completion of deliverables.

Recommendation

That a senior environmental specialist be hired to expedite completion of the climate change and environment-related priority projects of Council identified in the 2019-2022 Council Strategic Plan.

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Municipality of North Cowichan Forestry Advisory Committee MINUTES

April 8, 2019, 9:00 a.m. Municipal Hall - Council Chambers

Members Present Councillor Rob Douglas, Chair Cameron Campbell Mark Carter Alan Chatterton Mechelle Crocker Cedar Elliott Eric Jeklin Jane Kaiser Dave Lindsay Dave Polster

Staff Present Ted Swabey, Chief Administrative Officer (CAO) Ernie Mansueti, General Manager, Community Services Shaun Mason, Municipal Forester Alyssa Meiner, Information Management Officer

1. CALL TO ORDER

There being a quorum present, the Chair called the April 8, 2019 Forestry Advisory Committee meeting to order at 9:03 a.m.

2. APPROVAL OF AGENDA

It was moved and seconded: That the Forestry Advisory Committee approve the April 8, 2019 agenda, as amended, to add under new business: 1. Discussion on adding a new member to the Forest Advisory Committee with expertise in ecosystem based management methods; and 2. Discussion on scotch broom advertisement. CARRIED

3. ADOPTION OF MINUTES

It was moved and seconded: That the Forestry Advisory Committee adopt the minutes of the meeting held March 4, 2019, as amended in item 4.6, to add the word “including” to the resolution to show the enumerated list is not exhaustive. CARRIED

1 35 April 8, 2019 - Forestry Advisory Committee Minutes

4. BUSINESS

4.1 Municipal Forester Re: Overview Presentation of the Municipal Forest Reserve

The Committee received a PowerPoint presentation from the Municipal Forester on the Municipal Forest Reserve (MFR). The presentation included:

• MFR statistics and history; • Forestry Advisory Committee membership; • Forestry profit disbursement and community support; • Official Community Plan, Climate Action & Energy Plan, and Parks & Trails Master Plan policies related to forestry and the MFR; • Harvest selection process (LiDAR, pre-assessment, field review, mapping, management prescription); • Forestry Operations (annual allowable cut 20,000 m3/yr., harvest 1% of MFR/yr.); • Timber sales; silviculture (over 2.1 million trees planted since 1987); • 2018 Fire Season (fire on maple mountain, cost approximately $330,000); • 2019 Blowdown harvest update; and • More information can be found on North Cowichan’s website, including a FAQ page, forestry reports, and forestry fact sheet.

The Committee heard from the Chair that Committee meetings would not be recorded as permissions and additional resources would be needed to do so. The Committee asked questions of the Municipal Forester and thanked him for his presentation.

4.2 Municipal Forester's Report

The Committee received an update from the Municipal Forester on the timber supply analysis, species at risk strategy report, sensitive ecosystem assessments, annual report, and FireSmart Community Funding Grant.

The Committee discussed that the current timber supply analysis is over 20 years old and there is a need to have accurate, detailed and reliable data to evaluate. The Committee heard that the Provincial data does not include ground sampling, only aerial review and that the Municipal Forester recommends proceeding with an estimated $1,800 analysis by a forest inventory firm to evaluate whether the inventory is sufficient to meet the needs of the Timber Supply Analysis.

The Committee recommended that the field data analysis be done as soon as possible. The Municipal Forester advised that a motion was not needed and he will proceed with engaging the contractor to complete the analysis and prepare the Request for Proposals for the larger Timber Supply Analysis.

It was moved and seconded: That the Forestry Advisory Committee receive the Municipal Forester’s April 8, 2019 report for information. CARRIED

2 36 April 8, 2019 - Forestry Advisory Committee Minutes

4.3 Updated Stoney Hill Blowdown Harvest Summary

The Committee heard from the Municipal Forester that the Stoney Hill blowdown harvest summary report is in draft, and the Professional Biologist has advised that with respect to the 0.3 ha identified sensitive ecosystem overlap with the proposed blowdown there are no concerns related to disturbance of sensitive ecosystems with the blowdown recovery in the overlap area. Further no field assessment would be required. Leaving residual trees where possible was also recommended by the biologist which is already part of the harvest summary proposal.

Committee members asked about the value judgment structure for making decisions in situations where there is potential value from a biological perspective and heard from the Municipal Forester that this was the Professional Biologist’s recommendation.

The Committee discussed focusing on harvesting the majority of blowdown which is next to existing roads, rather than the interior blowdown, as this is easier, has lower costs, and a reduced impact on the forest. The need to protect against fire risk, value of access by roads for fire-fighting purposes, and possibility of laying down by chain saw interior blowdown trees to make the area more resilient to fire, was also discussed.

It was moved and seconded: That the Forest Advisory Committee receive the Municipal Forester's April 8, 2019 report that provides an update on the ecosystem assessment being conducted in Stoney Hill for information. CARRIED

4.4 Letter from UBC Professor Peter Arcese Re: Proposed Collaboration on Developing Forest Management Plans to Achieve Shared Goals

The Committee heard from member Campbell that he holds an appointment with UBC but does not have a financial or other conflict of interest in this matter. The Committee discussed that it would like to hear what the UBC group is proposing, and that questions about funding, benefit to North Cowichan, and control over direction of the MFR would be addressed after learning more. The Committee suggested that Council may wish to engage in a discussion with UBC, receive a presentation from the UBC group, and offer to provide a forestry tour.

It was moved and seconded: That the Forest Advisory Committee recommend that Council direct staff to: 1. explore the opportunity of forming a collaboration between the Municipality of North Cowichan, UBC, and the Coastal Douglas Fir Conservation Partnership, as proposed by the University of British Columbia, for the purposes of developing forest management plans to achieve shared goals and report back to the Committee; and 2. invite a UBC/Conservation partnership group member to attend an upcoming Forest Advisory Committee meeting to provide a presentation and answer questions from Committee members. CARRIED

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4.5 Forestry Operations Review

The Committee heard from the Municipal Forester that he would like the Committee members’ input and suggestions for future agenda items. The Committee asked the Municipal Forester to include the Terms of Reference (TOR) on the next agenda to review, provide clarification, understanding the scope and the direction set forth by Council for the committee.

The Committee discussed the approach of conducting an operational review audit of existing business practices versus determining mission and framework (as set out in the TOR) before doing the operational review.

Ideas discussed included:

• Holding a workshop to fully understand the Committee’s mandate and TOR; • Starting with mission and framework for moving forward, rather than operational review; • Creating forests resilient to climate change but also useful to citizens of North Cowichan; • The purpose of an audit is to create a baseline, starting point for evaluation to determine if we like what is being done, or if changes are needed; • When moving forward, look at biological stability, but also economic stability; • It is not as through historic process was wrong, rather it was standard for that time, and now climate, societal values, and ecology are changing. Need to think about the next 50 years as management strategy; • Need additional tools like ecosystem mapping, species at risk plan and training, identify areas not going to harvest, do proper timber supply analysis. North Cowichan is taking steps towards this; and • Support for direction North Cowichan is going and continued work on details.

The Committee also discussed how to get feedback from the general public and heard from the Chair that a Citizen Satisfaction Survey will be discussed by Council in the near future. The Committee commented that there is great value in having statistically valid data as a tool for moving forward. Members also commented that the middle ground has been missing in the forestry debate and recognized the need for community engagement.

It was moved and seconded: That the Forest Advisory Committee recommend that Council consider conducting a resident survey as part of the forestry engagement strategy that would provide for public input into how the municipal forest reserve is managed. CARRIED

5. CORRESPONDENCE

5.1 Municipal Forest Reserve Correspondence - For Information Only

Member Campbell expressed concern with including correspondence in the agenda that includes allegations against named individuals. The Committee heard from the Chair that

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the Municipal Solicitor has looked into this and advised that there are no defamation concerns with respect to the content on the agenda.

6. NEW BUSINESS

6.1 Discussion on New Member With Expertise in Ecosystem Management

The Committee discussed that the membership is already very large and there is significant ecosystem knowledge on existing Committee. The Committee also commented that if expertise was needed, experts could be invited to present or collaborate with the Committee and staff.

It was moved and seconded: That the Forestry Advisory Committee membership be left as is;

And That the Committee consider utilizing subject experts when required. CARRIED

6.2 Responding to Information in Scotch Broom Advertisement

Members expressed concern with the content of an advertisement on scotch broom, including the direction to report any sightings of broom to the Municipality of North Cowichan, use of Forest Service BC logo without permission, and incorrect identification as a noxious weed. The Municipal Forester advised that he has not had any inquiries or reports of broom sightings and the Committee agreed no response to the advertisement author was necessary.

7. ADJOURNMENT

It was moved and seconded: That the Forestry Advisory Committee adjourn the April 8, 2019 meeting at 11:18 a.m. CARRIED

______Signed by Chair Certified by Recording Secretary

5 39

Department of Forest & Conservation Sciences Faculty of Forestry 3607 – 2424 Main Mall Vancouver, B.C. Canada V6T 1Z4 Phone 604 822 1886 Fax 604 822 9133 [email protected]

Mayor Al Siebring Municipality of North Cowichan [email protected] 15 March 2019 Dear Mayor Siebring, It was a pleasure to meet you and the >700 other residents gathered at the Cowichan Preforming Arts Centre on 5 March to hear about North Cowichan’s municipal forests. Your community is clearly passionate about their surroundings and seemed very much to appreciate your presence and stewardship of the issues emerging. The purpose of this letter is to invite a further discussion on whether and how the Municipality of North Cowichan might engage with the Coastal Douglas Fir Partnership (www.cdfcp.ca) and UBC Faculty of Forestry to help advance your communities’ long-term goals for the sustainable use of your forest resources. With that understanding in hand, we might work together to identify ‘made in Cowichan’ approaches to consumptive and non-consumptive use of forest resources to generate revenue, but also enhance amenity, fisheries, wildlife, and recreational values to residents and visitors to your spectacular region.

Last week, I discussed these general ideas with UBC Faculty having engaged in similar activities around BC and the world. Our biographies (below) offer insights on some of the issues we have helped communities address previously, including issues related to forest operations and harvesting, visual quality, fish and wildlife restoration and conservation, Species at Risk planning, recreational opportunity and business planning, and mill-revitalization and value-added products. We also have experience using private and public finance in biodiversity conservation and carbon storage and sequestration projects to facilitate good outcomes, and we have produced academic studies in your region which estimate and map carbon and biodiversity values and their potential to ‘off-set’ the opportunity costs of traditional forest harvest systems.

At this point, I would be interested your input on the idea forming a collaboration between the Municipality of North Cowichan, UBC, and the Coastal Douglas Fir Conservation Partnership to explore how your community might develop forest management plans to sustain economic growth and enhance human well-being. The CDFCP was formed as a roundtable of federal, provincial, NGO and academic science and management staff responsible for natural resource conservation in Coastal Douglas-fir ecosystems, which are currently recognized as the most threatened ecosystems. The CDFCP aims to facilitate collaborative approaches to the conservation of Coastal Douglas-fir ecosystems by working with communities and landowners to achieve shared goals.

At present, the CDFCP has received an opportunity to match federal funds available through Environment and Climate Change Canada’s ‘Priority Places’ program. Discussions with CDFCP members and UBC partners suggest that a UBC – CDFCP – MoNC partnership might leverage enough matching support via in kind and philanthropic contributions to initiate scenario planning. I would be happy to chat further if

40 this is of interest. Below, I have include short Bio’s of the UBC professor’s potentially interested in contributing to your discussions on forest management.

Sincerely,

Peter Arcese

Peter Arcese is Professor and Forest Renewal BC Chair in Conservation at UBC’s Faculty of Forestry, past-Chair of Nature Trust BC, and a member of the Coastal Douglas Fir Conservation Partnership. Arcese provides strategic planning advice to industry, government, land trusts, and the public to maximize the long-term value of natural resources and minimize long-term costs to public lands management. Arcese develops spatial models to explore the ecological and economic consequences of development which include the Municipality of North Cowichan. Arcese has produced >200 scientific papers and books on the ecology, genetics and conservation of bird, large mammal, and plant populations.

Gary Bull is a Professor and Head of Department at the University of British Columbia in Canada. He teaches courses in the emerging bio economy and environmental resource economics. He has worked with First Nations and community forests in Canada for nearly 20 years in order to bridge the gaps between changing technologies, natural resource management and, local and First Nations culture and values. Gary is also a resource economics specialist working with global forest products companies, energy sector, UN FAO, several ENGOs, indigenous organizations and all levels of government. He has worked extensively in countries in Asia, Africa and Latin America; as well as Europe and North America. He has prepared over 200 scientific publications and technical reports for international organizations such as Chatham House, CIFOR, Forest Trends, IIED, IIASA, UNFF and World Bank. Some of his publications can be found at: http://profiles.forestry.ubc.ca/person/gary-bull/

Verena Griess is Asst. Professor in Forest Resources Management. Dr. Griess, arriving to UBC from Munich, Germany in 2014. Verena worked for the Bavarian State Forest Ministry to develop novel management practices that meet multiple objectives, including timber production, to ensure healthy resilient forests for the future. Verena teaches sustainable forest management to graduate and undergraduate students in capstone courses working on BC problems in forest management, and she head’s FRESH, the forest resources and environmental services hub. Researchers at FRESH develop and apply process optimization techniques, and solid silvicultural knowledge to develop sustainable forest management plans that consider economic, ecological and social objectives over strategic timeframes, and allowing decision makers and stakeholders to understand long-term consequences of alternatives.

Stephen Sheppard is Professor and Director of the Collaborative for Advanced Landscape Planning (CALP). CALP is a world-leader in Visual Resource Assessment/Management, Participatory Multi- Criteria Assessment processes to develop and assess land-use and timber harvesting scenarios with multiple stakeholders (eg. Arrow Forest District), climate change visioning of alternative adaptation and mitigation scenarios, Visualization of local scenarios using credible, realistic imagery to help the public, staff, and decision-makers understand possible outcomes, etc. Stephen and his team has worked extensively to help communities create multi-stakeholder management plans through British Columbia.

41 Report

Date April 17, 2019 File: 3900-20

To Council From Karen Robertson, Corporate Officer Endorsed:

Subject Animal Responsibility Bylaw No. 3740, 2019 (adoption)

Purpose

To consider adopting “Animal Responsibility Bylaw No. 3740, 2019” – a bylaw to include provisions for animal welfare, control, licencing, duties of animal owners, penalties, and enforcement.

Background

On April 3, 2019 Council reviewed “Animal Responsibility Bylaw, No. 3740, 2019” and made a few amendments prior to giving the bylaw its first three readings. The amendments were as follows:  Amending the impoundment provisions from 96 hours to 72 hours (under section 95(3) and 99(b);  Removing the section related to aquariums or zoological parks (previously section 9(e); and  Included some language under section 40 (b) to allow owners of female dogs in heat to go on walks provided a competent person is firmly holding the dog on a leash.

Council also asked staff for clarification on:  the relevance of Section 9(c) - premises operated by an institution of education for research, study or teaching purposes; and  the definition of rodeo under Section 35(e).

Discussion

Staff looked into the applicability of Section 9(c) and although it is the SPCA model bylaw, it is unlikely to be relevant to North Cowichan. As such, this provision could be removed.

A rodeo is defined as “an exhibition or contest in which cowboys show their skill at riding broncos, roping calves, wrestling steers, etc.” Staff discovered that a rodeo grand stand was moved to the Vimy Hall and some years ago a rodeo was held; however, in speaking with the event organizers for the Vimy Hall, no cattle have been involved as part of the show for at least the last 12 years. Their focus is on horse shows where kids are taught to ride horses, steer them around barrels, etc. Given this information, this clause could be removed.

Options

7030 Trans-Canada Highway | Duncan, BC V9L 6A1 Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca 42 Page 2

2. That “Animal Responsibility Bylaw No. 3740, 2019” be amended to remove Section 9(c) and 35(e); And That Council give “Animal Responsibility Bylaw No. 3740, 2019” third reading, as amended.

Implications

Should Council select option 1, the bylaw would be in effect upon adoption as was presented on April 3, 2019. Amendments would need to be considered through future amendments to the bylaw.

Should Council select option 2, the amendments could be considered at the meeting and voted on. If changes are made, a full 24 hours must be given between third reading and adoption for regulatory bylaws and therefore, the bylaw would be placed on the May 1, 2019 agenda for adoption.

Recommendation

That Council select one of the following options: 1. That Council adopt “Animal Responsibility Bylaw No. 3740, 2019” – a bylaw to include provisions for animal welfare, control, licencing, duties of animal owners, penalties, and enforcement.

2. That “Animal Responsibility Bylaw No. 3740, 2019” be amended to remove Section 9(c) and 35(e); And That Council give “Animal Responsibility Bylaw No. 3740, 2019” third reading, as amended.

Attachment(s): Animal Responsibility Bylaw No. 3740, 2019

7030 Trans-Canada Highway | Duncan, BC V9L 6A1 Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca 43

The Corporation of the District of North Cowichan Animal Responsibility Bylaw Bylaw 3740, 2019 A Bylaw to Regulate the Keeping of Animals in the District of North Cowichan Contents

PART 1 – INTRODUCTION 1 Title 2 Definitions

PART 2 – APPLICATION 3-5 Keeping of Animals 6-7 Identification for the Keeping of Cats 8-9 Prohibited Animals 10-11 Exemptions

PART 3 – ADMINISTRATIVE DUTIES OF THE POUNDKEEPER 12-15 Appointing a Poundkeeper 16 Monthly Reporting 17 Money Received

PART 4 – ANIMAL WELFARE 18 Animal Cruelty 19 Basic Animal Care Requirements 20-21 Outdoor Shelter Requirements 22 Sanitation Requirements 23 Tying Animals 24 Transport of Animals in Motor Vehicles 25-26 Exercising Dogs from a Motor Vehicle or Bicycle 27 Traps

PART 5 – ANIMAL CONTROL 28 Animals on private property 29-32 Dogs in public places 33-34 Other Animals in public places 35 Animal Performances 36-37 Animals damaging public property 38 Animals chasing or harassing 39-40 Dogs in heat

PART 6 – LICENSING 41-44 Obtaining Dog licenses 45-55 Collars and licence tags 56-58 Licensing of Kennels 59 Duties of the Deputy Director of Financial Services

PART 7 – AGGRESSIVE DOGS 60-63 Aggressive Dog 64-68 Licensing an Aggressive Dog 69-76 Duties of an Aggressive Dog Owner 77 Aggressive Dog Signage 78-81 Appeal of Aggressive Dog Designation

PART 8 – GUARD DOGS 82 Guard Dogs

PART 9 – ANIMAL NUISANCES 83-84 Animal Waste 85 Noisy Dogs 86-87 Feeding Wildlife

PART 10 – SEIZING AND IMPOUNDING ANIMALS 88-91 Authority to Seize and Impound 92 Care of Impounded Animal 93-95 Informing the Owner of Impoundment 96-97 Redeeming an Animal from the Pound 98 No liability for injury to Animal 99-103 Disposition of unredeemed Animals 104 Euthanization of Impounded Animals 105 Adoption

PART 11 – PENALTIES AND ENFORCEMENT 106 Enforcement 107-108 Provision of information 109 Entering property for inspection 110 Right of Refusal to Release from Impoundment 111-115 Offences

PART 12 – GENERAL PROVISIONS 116 Severability 117 Repeal

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The Council of The Corporation of the District of North Cowichan enacts as follows:

PART 1 – INTRODUCTION

Title 1. This Bylaw may be cited as “Animal Responsibility Bylaw No. 3740, 2019”.

Definitions 2. In this Bylaw:

“Aggressive Dog” means any Dog that meets any one of the following conditions: a) has, with or without provocation, attacked, bitten or caused injury to a Person or has demonstrated a propensity, tendency or disposition to do so; b) has bitten, killed or caused injury to a Companion Animal or a Farm Animal; c) has aggressively pursued or harassed a Person or Companion Animal or a Farm Animal; d) is owned or kept primarily, or in part, for the purpose of dog fighting or is trained for dog fighting; or e) is a dangerous dog as defined by Section 49 of the Community Charter.

“Animal” means any member of the Kingdom Animalia excluding humans.

“Animal Control Officer” means any Person who is: (a) A Poundkeeper; (b) A Peace Officer; (c) A Bylaw Compliance Officer; or (d) A Person appointed by the Council as an Animal Control Officer.

“At-Large” means an Animal: a) in or upon a public place, or b) in or upon the lands or premises of any Person other than the Owner of the Animal without the express or implied consent of that Person, while not under the direct and continuous control of the Owner or a Competent Person.

“Biting” or “Bitten” means the breaking, puncturing or bruising of the skin by an Animal with its teeth.

“Cat” means a male or female of the species felis catus and does not include any hybrid of felis catus.

“Choke Collar” means a slip collar or chain that may constrict around the Animal’s neck as a result of pulling on one end of the collar or chain and includes pinch or prong collars, but does not include a martingale collar.

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“Companion Animal” means a domesticated Animal kept for companionship to a Person rather than other forms of utility or profit and which may lawfully be kept on residential property in accordance with the Municipality’s zoning regulations.

“Competent Person” means a person of sufficient age, capacity, height and weight to ensure an Animal under their control will be obedient to their commands or to physically restrained the Animal if required.

“Council” means the Municipal Council of The Corporation of the District of North

“Deputy Director of Financial Services” means the person designated by Council as the Financial Administrator for the Municipality, or their delegate.

“Dog” means any Animal of the canis familiaris species, irrespective of age or sex.

“Kennel” means a structure on and/or a use of land for the purpose of sheltering, boarding, and/or breeding 4 or more dogs.

“Exotic Animals” means:

(a) alien invasive species as defined by the Spheres of Concurrent Jurisdiction - Environment and Wildlife Regulation, BC Reg 144/2004; (b) controlled alien species as defined by the Controlled Alien Species Regulation, BC Reg 94/2009; and (c) wildlife species identified in Schedule “B” or “C” to the Designation and Exemption Regulation, BC Reg 168/90.

“Farm Animals” means domesticated cows, donkeys, mules, llamas, emus, ostriches, swine, sheep, or goats, and all other animals that are solely used for agricultural purposes.

“Guard Dog” means a Dog that is specifically trained for or used primarily for the purposes of guarding property, including residential, commercial, or industrial property;

"Leash" means a line or chain, or use of a line or chain that does not exceed 6 feet (1.83 metres) in length and is of sufficient strength to restrain a Dog without breaking.

“Municipality” means the Municipality of North Cowichan or the area within its jurisdiction.

“Muzzled” means properly fitted with a humane device placed over the mouth of a Dog that allows the dog to pant and drink, and that is of sufficient strength and design to prevent the Dog from biting any Person or Animal or from removing the device.

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“Owner” means any Person:

(a) to whom a licence for a Dog has been issued pursuant to this Bylaw; (b) who owns, is in possession of, or has the care or control of any Animal; or (c) who harbours, shelters, permits or allows any Animal to remain on or about the Owner’s land or premises.

“Park” includes public parks, playgrounds, squares, greens, driveways, roadways, paths, and buildings which are posted, designated or zoned as Park by the Municipality.

“Pen” means a six-sided outdoor enclosure with a roof and floor sufficient to prevent the escape of an Animal and to prevent the entry of children and other persons except those persons authorized by the Owner.

“Permanent Identification” means identification for an Animal in the form of a microchip or tattoo that contains the contact information of the Owner.

“Person” means a natural or legal Person.

“Poultry” includes chickens, turkeys, ducks, geese and pigeons.

“Pound” means any facility designated by the Municipality and operated by the Municipality or its agent as an impoundment or boarding facility in accordance with this Bylaw.

“Poundkeeper” means the Person or Persons appointed from time to time by Council for the purpose of maintenance, operation and regulation of a Pound in accordance with the provisions of this Bylaw, including the care, euthanasia and disposal of Animals and the collection and remission of fees; or the authorized employee or agent of any corporation or society with which Council has an agreement to act as Poundkeeper.

“Public Place” means all land owned, held, operated or administered by any level of government, including a school district.

“Unlicensed Dog” means any Dog over the age of 4 months that is not registered for a licence by the Municipality, or for which the license for the current year has not been paid as provided in this Bylaw, or to which the licence tag provided for by this Bylaw is not attached.

PART 2 – APPLICATION

Keeping of Animals

3. No Person shall keep more than 6 Companion Animals, consisting of not more than 3 Dogs over the age of 8 weeks and not more than 5 Cats over the age of 12 weeks.

4. A Person must not keep rabbits in an outdoor Pen, cage or run, unless the Pen, cage or run is securely enclosed to prevent escape and to ensure the safety of the rabbits from predators.

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5. A Person who keeps bees must: (a) provide adequate water for the bees on the Person’s property; and (b) maintain the bees in a condition that will reasonably prevent swarming.

Identification for the Keeping of Cats

6. Every Owner of a Cat shall affix, and keep affixed, sufficient identification on the Cat by means of a collar, harness, traceable tattoo, microchip or other suitable device, such that a Person finding the cat At-Large in the Municipality can identify and contact the Owner.

7. Every Owner of a Cat apparently over the age of 6 months, shall upon request by the Animal Control Officer, provide evidence to the Animal Control Officer’s satisfaction, that such Cat has identification in accordance with Section 6 of this Bylaw.

Prohibited Animals

8. No Person shall either on a temporary basis or permanent basis: (a) breed; (b) possess; (c) ship; (d) release; (e) exhibit for entertainment; or (f) display in public; any Exotic Animal.

9. Despite the prohibitions in Section 8 of this Bylaw, an Exotic Animal may be kept at or on: (a) premises operated by the BC Society for the Prevention of Cruelty to Animals; (b) a veterinary hospital under the control of a veterinarian registered as a member of the BC Veterinary Medical Association; (c) premises operated by an institution of education for research, study or teaching purposes; or (d) premises operated by the RCMP or municipal police forces; but a Person must not permit an Exotic Animal to run At-Large.

Exemptions

10. This Bylaw does not apply to a Dog belonging to and actively working for a government law enforcement agency having jurisdiction in BC.

11. Any Owner of a Dog used as a certified guide animal pursuant to the Guide Animal Act is exempt from the licensing fees set out in this Bylaw.

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PART 3 – ADMINISTRATIVE DUTIES OF THE POUNDKEEPER

Appointing a Poundkeeper

12. Council may establish one or more Pounds for the keeping and impounding of Dogs and other Animals, and the Poundkeeper shall make all rules and regulations not inconsistent with this Bylaw pertaining to the administration of the Pound(s).

13. Council may enter into an agreement with any Person or organization to act as a Poundkeeper for the establishment, maintenance, operation, and regulation of a Pound and the enforcement of any of the provisions of this Bylaw.

14. The Poundkeeper must keep a record book in a form prescribed by the Deputy Director of Financial Services from time to time, showing therein a description of every Animal impounded, the Owner of the Animal if any, the length of time of such impoundment, the final disposition of each impounded Animal, and all funds received and disbursed in respect of the operation of the Pound.

15. Every Poundkeeper must keep the Pound clean and in good repair, and must supply the Animals impounded therein with sufficient and wholesome food and water, and with reasonable shelter, segregation and care as circumstances may warrant.

Monthly Reporting

16. The Poundkeeper must report monthly on the operation and maintenance of any Pound in their charge to the Municipality.

Money Received

17. The Poundkeeper must pay to the Deputy Director of Financial Services all funds for licence fees received by them under this Bylaw within 30 days after receipt thereof.

PART 4 – ANIMAL WELFARE Animal Cruelty

18. Notwithstanding any other provision of this Bylaw, no Person shall:

(a) abandon any Animal; (b) in any way use poison, air pellet guns, bows and arrows, firearms, sling shots, or similar on any Animal; (c) tease, torment, beat, kick, choke, or provoke an Animal; (d) cause, permit or allow an Animal to suffer; or (e) train or allow any Animal to fight.

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Basic Animal Care Requirements 19. The Owner of an Animal must ensure that the Animal is provided with: (a) sufficient clean, potable drinking water; (b) suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; (c) clean and disinfected food and water receptacles that are located so as to avoid contamination by excreta; (d) the opportunity for regular exercise sufficient to maintain good health; and (e) necessary veterinary care to maintain the health and comfort of the Animal or when the Animal exhibits signs of pain, injury, illness or suffering.

Outdoor Shelter Requirements

20. An Owner of an Animal must ensure that the Animal has protection from all elements and must not allow the Animal to suffer from hyperthermia, hypothermia, dehydration, discomfort, or exertion causing unnecessary pain, suffering, or injury.

21. A Person must not keep an Animal outside, unless the Animal is provided with a shelter that provides: (i) protection from heat, cold and wet that is appropriate to the Animal’s weight and type of coat; (ii) sufficient space to allow the Animal the ability to turn about freely and to easily stand, sit and lie in a normal position; at least two times the length of the Animal in all directions, and at least as high as the Animal’s height measured from the floor to the highest point of the Animal when standing in a normal position, plus 10%; (iii) protection from the direct rays of the sun at all times; and (iv) bedding that will assist with maintaining normal body temperature.

(a) A Person may not confine a Dog to a Pen for a period in excess of 10 hours within any 24 hour period.

Sanitation Requirements

22. A Person must not keep an Animal in a shelter, Pen, cage, or run unless the shelter, Pen, cage or run is regularly cleaned and sanitized with all excreta removed and properly disposed of at least once a day, and free from wild vermin.

Tying Animals

23. A Person must not cause, allow or permit an Animal to be: (a) tethered to a fixed object or vehicle where: (i) a Choke Collar forms part of the securing apparatus, or (ii) a rope, cord or chain is tied directly around the Animal’s neck; or (iii) the Animal’s collar or harness is not properly fitted, or is attached in a manner that could injure the Animal or enable the Animal to injure itself by pulling on the tether.

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(b) tethered to a fixed object, except with a tether of sufficient length to enable the Animal to sit, stand, and lie normally. (c) tethered to a fixed object for longer than 2 hours within a 24 hour period; (d) tethered to a traffic control device or support thereof, any fire hydrant or fire protection equipment, handrails or any other object in such a way as to obstruct the public or create a nuisance; or (e) tethered within 3 metres of an entrance or exit from any public building.

Transport of Animals in Motor Vehicles

24. No Person shall: (a) transport any Animals in a motor vehicle outside the passenger compartment or in an uncovered passenger compartment unless the Animal is adequately confined in a Pen or cage which is securely fastened to the vehicle, or secured in a body harness or other manner of fastening adequate to prevent the Animal from jumping or falling off the vehicle or otherwise injuring itself; or

(b) keep an Animal confined in an enclosure, including a motor vehicle, without adequate ventilation by means of open windows or operating mechanical device that supplies fresh or cooled air to prevent the Animal from suffering distress, discomfort or heat related injury. Such enclosed space or vehicle, if stationary, shall be in an area providing sufficient shade to protect the Animal from direct rays of sun at all times such that the ambient temperature in the enclosure does not exceed 23 degrees Celsius and/or the Animal does not exhibit signs of distress.

Exercising Dogs from a Motor Vehicle or Bicycle

25. A Person must not: (a) exercise a Dog by allowing it to run next to a moving motor vehicle; or (b) exercise a Dog by allowing it to run next to a bicycle, unless the Dog is attached to the bicycle by an apparatus that allows the Person to retain two-handed control of the bicycle at all times.

26. Section 25(b) does not apply to a Person exercising a Dog in a Designated Off-Leash Dog Area if the Dog is not tethered and bicycle riding is allowed in the area.

Traps

27. A Person must not use, set or maintain a trap or device that is designed to capture an Animal by the foot, leg, or neck.

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PART 5 – ANIMAL CONTROL Animals on private property

28. The Owner of an Animal, not including bees, must not allow the Animal to trespass on any private property.

Dogs in public places

29. The Owner of a Dog must not allow the Dog to be in a Public Place unless the Dog is on a Leash with one end securely affixed to a collar or harness securely attached to the Dog, and the other end held by a Competent Person.

30. Every Owner of a Dog must ensure that any Person who has care, custody or control of their Dog is a Competent Person.

31. Despite Section 29, the Owner of a Dog may allow the Dog to be off-leash in the areas listed in Schedule B to this Bylaw, so long as the Dog is under the effective control of a Competent Person such that it will obey verbal or hand commands to come when directed to do so.

32. No Person may permit a Dog in their care or custody to obstruct other users of a pathway or Municipal sidewalk.

Other Animals in public places

33. The Owner of a snake or other reptile must not allow the snake or other reptile to be in a Public Place unless the Animal is securely confined in a cage or other container.

34. The Owner of an Animal other than a Dog a snake or other reptile, or a spayed or neutered Cat must not allow the Animal to be in a Public Place unless the Animal is under the direct control of a Competent Person.

Animal Performances

35. No Person shall operate or carry on a public show, exhibition, carnival or performance, whether temporary or permanent, in which Animals are required to perform tricks, fight, participate in, or otherwise accompany exhibitions or performances for the entertainment of an audience; however, nothing in this Section shall prohibit or restrict the following: (a) exhibitions, parades or performances involving horses or ponies or in which individuals ride horses or ponies; (b) exhibitions involving dogs; (c) displays or showings of animals in agricultural fairs or pet shows; (d) magic acts; or (e) rodeos; provided that the exhibition, parade or performance in no way causes an Animal to be treated in an inhumane manner.

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Animals damaging public property

36. The Owner of an Animal must not allow the Animal to damage or destroy any building, structure, tree, shrub, plant, or turf in a Public Place.

37. The Owner of any Animal must compensate the Municipality for any and all damage done by that Animal to Municipal property in violation of Section 36.

Animals chasing or harassing

38. No Owner may permit their Animal to chase, harass, molest, attack, injure or kill a Person or Animal.

Dogs in heat

39. Every Owner of a female Dog in heat must ensure that is the Dog remains within an enclosed building or Pen until she is no longer in heat.

40. The Owner of a female Dog in heat may allow the Dog to leave the building or Pen in order to urinate or defecate on the Owner’s private lands, or go for a walk, if a Competent Person: (a) firmly holds the Dog on a Leash, and (b) immediately returns the Dog to the building or Pen upon completion of the urination or defecation or walk.

PART 6 – LICENCING Obtaining Dog licenses

41. No Person shall keep any Dog over the age of 4 months unless a valid and subsisting licence has been issued in respect of that Dog under this Bylaw.

42. Every Owner of a Dog must make application to the Municipality for a licence on the form provided by the Municipality and pay the fee prescribed in the Fees Bylaw.

43. Upon receipt of the complete application and payment of the prescribed fee, the Municipality or Poundkeeper may issue a receipt that is deemed to be the licence, and a corresponding licence tag for the Dog.

44. Fees paid for Dog licences are non-refundable.

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Collars and licence tags

45. Every licence and corresponding licence tag issued under this Bylaw:

(a) expires on the 31st day of December of the year in which it is issued; and (b) is valid only in respect of the Dog for which it is issued.

46. A licence must not be issued to, or in the name of, any Person under the age of 18 years.

47. Every Owner must ensure that a valid licence tag is affixed and displayed on a collar, harness or other suitable device which is worn at all times by the Dog for which the licence is issued.

48. Where a licence or licence tag is lost or destroyed, the Owner must promptly make application to the Municipality to replace the licence or licence tag and pay the fee prescribed in the Fees Bylaw.

49. No Person other than the licensed Owner of the Dog may remove a licence tag issued pursuant to this Bylaw from the subject Dog.

50. A Person who finds and takes possession of an Animal At-Large in the Municipality shall immediately provide the Poundkeeper with a description and photo of the Animal, where possible, and provide that Person’s name and address for contact purposes.

51. Where the Owner of a Dog in respect of which a licence has been issued under this Bylaw sells or otherwise ceases to be the Owner of the Dog, the licence is automatically cancelled upon the expiry of 7 days from the change in ownership.

52. If the licensed Owner of a Dog transfers the ownership of the Dog to another Person, that Person must obtain a new licence for that Dog by paying the transfer fee as prescribed in the Fees Bylaw and surrendering the licence tag previously held by that Dog to the Municipality, on or before the expiry of 7 days from the date of change of ownership.

53. Where a Dog has been duly licensed in another municipality or regional district, that Dog may be licensed in the Municipality upon registration of the dog with the Municipality and payment of the licence transfer fee prescribed in the Fees Bylaw.

54. Where a Dog attains the age of 4 months during a calendar year, the licence fee payable for the Dog in that year shall be that of a replacement licence as prescribed in the Fees Bylaw.

55. An Owner whose licensed Dog has been lost, stolen, gone missing, or died may apply to transfer that Dog’s former licence tag to a replacement dog in the prescribed form and by paying the replacement licence fee as prescribed in the Fees Bylaw.

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Licensing of Kennels

56. No Person shall keep or maintain more than 3 Dogs, or board Dogs for purposes of utility or profit, unless that Person has first obtained a Kennel Licence under this Bylaw and paid the applicable fee as prescribed in the Fees Bylaw.

57. Kennel licence fees become due and payable on the 28th day of February each year, or as soon thereafter as a Person begins to keep or maintain a Kennel.

58. A Kennel licence shall be obtained by making application in the form prescribed by the Municipality to the Municipality or Poundkeeper and paying the applicable fees as prescribed in the Fees Bylaw.

Duties of the Deputy Director of Financial Services

59. The Deputy Director of Financial Services shall keep a record of all Dogs for which a licence has been issued, and such record shall contain the date of issuance of the licence, the licence number, a description of the Dog, and the name, address, and telephone number of the Owner of the Dog.

PART 7 – AGGRESSIVE DOGS Aggressive Dog

60. Where the Poundkeeper determines that a Dog meets the definition of an Aggressive Dog, the Poundkeeper may issue a written notice to the Owner of that Dog advising of that determination and advising the Owner of the requirements of this Bylaw with respect to Aggressive Dogs.

61. The notice set out in Section 60 may be served on the Owner: (a) personally by handing the notice to the Owner; (b) by handing the notice to a Person on the Owner’s property who appears to be over the age of 19 years; (c) by posting the notice upon some part of the Owner’s property and by sending a copy to the Owner by regular mail, in which case the notice is deemed to have been received by the Owner 5 days after the notice was mailed; or (d) by mailing a copy by prepaid registered mail to the last known address of the Owner.

62. A dangerous dog may also be dealt with by the Municipality in accordance with Section 49 of the Community Charter.

63. All Animal Control Officers are designated as animal control officers for the purpose of Section 49 of the Community Charter.

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Licensing an Aggressive Dog

64. An Owner must apply for an Aggressive Dog Licence within 14 days of receiving a notice under Section 60.

65. No Person shall own or keep any Aggressive Dog unless the Dog is licensed as an Aggressive Dog with the Municipality by an Owner who is over 19 years of age, who has paid the applicable fee as outlined in the Fees Bylaw, and who keeps the Dog in compliance with Sections 66 through 72 of this Bylaw.

66. An Owner of an Aggressive Dog shall supply the following documentation to the Municipality when first applying for a licence for an Aggressive Dog: (a) a complete licence application for the Dog; (b) written confirmation from a licensed veterinarian that the Dog has been neutered or spayed; and (c) proof that the Dog has Permanent Identification, with the details of the Permanent Identification outlined on the application.

67. In addition, the Owner of an Aggressive Dog shall supply the following documentation to the Municipality each calendar year by no later than January 30th: (a) Proof that a policy of liability insurance is in force and provides third party liability coverage in a form satisfactory to the Municipality, in minimum amount of $1,000,000, for any injuries which may be caused by the Dog; (b) A side view, full body color photo of the Dog; and (c) Payment of the Aggressive Dog licence fee as outlined in the Fees bylaw.

68. If the Owner of an Aggressive Dog does not comply with Sections 66 through 73 of this Bylaw, the Aggressive Dog’s Licence is subject to immediate cancellation and the Dog may be seized or otherwise dealt with as an Unlicensed Dog.

Duties of an Aggressive Dog Owner

69. Every Owner of an Aggressive Dog must: (a) Secure the Dog by a collar or harness and a Leash that is a maximum length of 1.83 metres or 6 feet when not on the Owner’s property; (b) Ensure the Dog is not At-Large within the Municipality at any time; (c) Keep the Dog Muzzled when not on the Owner’s property; (d) Post a clearly visible sign in the form outlined in Schedule A to this Bylaw at all points of entry onto any premises where the Dog is being kept, temporarily or permanently; and (e) At all times while the Dog is on the Owner’s property, keep the Dog securely confined either indoors or, if outdoors, in a Pen that is: i. located in a rear yard; ii. locked to prevent casual entry by another Person; and iii. has been inspected and approved by an Animal Control Officer.

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70. An Owner of an Aggressive Dog must not allow the Aggressive Dog to be:

(a) on any school grounds; (b) within 30m of any playground apparatus; or (c) in the areas listed in Schedule B to this Bylaw.

71. A Pen referred to in Section 69(e) must:

(a) be of sufficient height and strength and stability to contain the Dog and form a confined area with no side in common with a perimeter fence; (b) be located in a rear yard; and (c) have a secure top attached to all sides, and have a single entrance which is self-closing and has a lock.

72. The Owner of an Aggressive Dog must:

(a) Allow an Animal Control Officer to photograph the Dog, on demand. (b) Within one week of moving the Dog to a new place of residence, provide the Poundkeeper with the new address where the Aggressive Dog is kept. (c) Within one week of selling or giving away the Dog, provide the Poundkeeper with the name, address and telephone number of the new Owner. (d) Within one week of the death of the Dog, provide the Poundkeeper with a veterinarian’s certificate of death. (e) Advise an Animal Control Officer immediately if the Dog is At-Large. (f) Advise an Animal Control Officer immediately if the Dog has bitten or attacked any Person or Companion Animal or Farm Animal.

73. In addition to the requirements of Section 70, if the Poundkeeper considers that an Aggressive Dog can be retrained and socialized, or that the bite or injury from any attack was the result of improper or negligent training, handling, or maintenance, the Poundkeeper may impose, as a condition of licensing, conditions and restrictions in respect of the training, socialization, handling and maintenance of the Aggressive Dog.

74. Where the Owner of an Aggressive Dog requests that the Dog be destroyed, the Poundkeeper may arrange to have the Dog humanely destroyed. In such cases, the Owner must sign a form for the release of the Dog to the Municipality for the purposes of humane destruction.

75. An Owner, following a period of at least 2 years from the date stated on the written notice under Section 60, may apply to the Municipality for relief from the requirements of Sections 67(a) and 69 through 73 provided that: (a) the Municipality has received no further complaints in regard to that Dog’s aggressive behaviour during the two-year period; and (b) the Owner provides satisfactory proof that the Owner and the Dog have successfully completed a course designed and delivered by a qualified dog behavior professional to address the Dog’s aggressive behaviour.

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76. If a Dog displays aggressive behaviour again after relief has been granted pursuant to Section 74, the requirements of Section 67 through 73 shall apply in perpetuity.

Aggressive Dog Signage

77. Every Owner of an Aggressive Dog must prominently display at each entrance to the property and building in or upon which the Dog is kept, a warning in writing, as well as with a symbol, similar, to the one shown in Schedule “A” of this Bylaw, which sign must be posted so that it cannot be removed and which will be visible and capable of being read from the sidewalk, street or lane abutting the entrances to the property or building.

Appeal of Aggressive Dog Designation

78. The Owner of any Dog that has been designated an Aggressive Dog may, within 14 calendar days of receipt of that notice, request in writing to the Manager of Fire & Bylaw Services that they reconsider the decision of the Poundkeeper. The request for reconsideration must be accompanied by written submissions setting out why the Owner of the Dog believes the Dog is not an Aggressive Dog.

79. If the written request for reconsideration is received by the Municipality within the timeframe allowed, the Manager of Fire and Bylaw Services will provide the Owner and the Poundkeeper is received with an opportunity to make representations regarding the Aggressive Dog.

80. After the hearing, the Manager of Fire & Bylaw Services may confirm, reverse or amend the decision designating the Dog as an Aggressive Dog and may cancel or modify any restrictions, requirements or conditions imposed by the Poundkeeper and impose any new or additional restrictions, requirements or conditions as he or she deems necessary or appropriate in the circumstances.

81. If a licence is cancelled under Section 68 of this Bylaw, the Owner of the Dog may appeal the cancellation in writing to the Manager of Fire & Bylaw Services within 96 hours of such cancellation, and the process set out in Sections 79 and 80 will apply to such reconsideration.

PART 8 – GUARD DOGS

82. Every Owner of a Guard Dog must ensure that:

(a) the Guard Dog is securely confined in an area within the Owner’s property or the premises being guarded that is adequate to ensure the Guard Dog cannot escape; (b) the Owner’s property or the premises being guarded are reasonably secure against unauthorized entry, including, where the Guard Dog is outdoors, completely enclosed by means of a 2-metre high fence constructed in accordance with Municipal bylaws and any gates in such fence are reasonably secured against unauthorized entry;

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(c) warning signs are posted on the Owner’s property or the premises being guarded, at each driveway or entranceway and all exterior doors, advising of the presence of a Guard Dog, with lettering clearly visible from the lesser of the curb line or 15 metres from the Owner’s property or premises; and (d) the Municipality is notified of the address of the property which the Guard Dog will be guarding, the approximate hours during which the Guard Dog will be performing guard duties, the breed, age, sex and licence number of the Guard Dog and the full names, address and telephone numbers of the Owner and any other individual who will be responsible for the Guard Dog while it is on guard duty.

PART 9 – ANIMAL NUISANCES Animal Waste

83. Every Person must remove and sanitarily dispose of any excrement deposited by a Dog in their care and custody.

84. No Person who has removed Dog excrement may deposit same into a public litter receptacle except where the excrement is securely contained in an impermeable bag or other impermeable container so as not to ooze, leak or fall out in the public litter receptacles.

Noisy Dogs

85. No Person may allow or permit a Dog to bark, howl, yelp, cry or make other noises:

(a) continuously for ten minutes or more without significant periods of rest; (b) sporadically for a cumulative total of 15 or more minutes within 1 hour; (c) in a manner that that unduly disturbs the peace, quiet, rest, comfort or tranquility of the surrounding neighbourhood or vicinity, or of Persons in the neighbourhood or vicinity; or (d) otherwise in such a manner as to cause a nuisance.

Feeding Wildlife

86. A Person must not intentionally feed or leave food out for the purposes of feeding:

(a) Cervidae (deer) (b) Procyon lotor (racoons); (c) Sciurus (squirrels); (d) feral Sylvilagus floridanus or Oryctolagus cuniculus (rabbits); or (e) bears, coyotes, cougars, wolves, or other Animals designated as dangerous wildlife under the Wildlife Act, RSBC 1996, c. 488; or (f) ownerless Cats or Cats without identification.

87. Despite Section 86(f), any Person may feed ownerless Cats subject to the following:

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(a) the Person must be registered with a Municipally approved organization with a Trap Neuter Release program;

(b) the Person must maintain a plan for the care, feeding and mandatory spaying/neutering, tattooing, and vaccination of each ownerless Cat;

(c) the plan must be in writing and registered with a Municipally approved organization with a Trap Neuter Release program, the Municipality’s Poundkeeper, and the local office of the Society for the Prevention of Cruelty to Animals (SPCA);

(d) outdoor feeding stations must be located on private property and may only contain food and be available for feeding for up to 45 minutes maximum, once per day;

(e) outdoor shelter must be provided for any ownerless Cat on the property where the feeding station is located.

PART 10 – SEIZING AND IMPOUNDING ANIMALS

Authority to Seize and Impound

88. The Animal Control Officer may immediately seize and impound:

(a) a Dog that is At-Large in contravention of this Bylaw; (b) any Unlicensed Dog; (c) any Animal that is straying or trespassing on private property; or (d) any Animal that is on unfenced land and not securely tethered or contained.

89. The Poundkeeper may impound any Animal brought to the Pound by any other Person.

90. The Animal Control Officer may, where they have reason to believe that an Unlicensed Dog has taken refuge on a premises: (a) request the occupant of such premises to provide proof that the Dog is the subject of a current and valid licence and is wearing the associated licence tag, or to surrender the Dog to the Animal Control Officer; (b) enter and search any place, including a place that is occupied as a private dwelling, subject to the requirements of Section 16 of the Community Charter.

91. The Animal Control Officer is authorized to employ such assistance as is deemed necessary or advisable to seize and impound any Dog in pursuance of this Bylaw, and the expense of such employment shall be added to the fees chargeable by the Animal Control Officer as outlined in the Fees Bylaw.

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Care of Impounded Animal

92. If the Poundkeeper considers that an impounded Animal requires:

(a) A vaccination; (b) Flea treatment; (c) Worm treatment; (d) Examination by a veterinarian; or (e) Urgent veterinary care to alleviate any pain or suffering as recommended by a veterinarian; then the Poundkeeper may cause such care to be provided at the sole cost and expense of the Animal’s Owner.

Informing the Owner of Impoundment

93. Where an Animal is impounded pursuant to this Bylaw, within 24 hours: (a) the Poundkeeper must make reasonable effort to contact the Owner of an impounded Dog if it is wearing a licence tag by calling the most recent telephone number in the licence information for the Dog; (b) the Poundkeeper must make reasonable effort to determine the Owner of the Animal, other than a Dog wearing a licence tag, by posting a notice on the Pound’s social media site, including a photograph and description of the Animal and the contact information for the Poundkeeper.

94. Where the Poundkeeper has identified the Owner of an impounded Animal but is unable to reach the Owner by telephone, a notice of impoundment may be delivered by mail and shall be sent to the last known address of the Owner, in which case the notice shall be deemed to have been received by the Owner 72 hours after deposit thereof in any post box within the Municipality.

95. Notices of impoundment shall include the following information: (a) date and time of the impoundment; (b) description of the Animal; (c) how application may be made for release of the Animal; (d) costs of seizure, expenses to the date of the Notice and any continuing costs and expenses; and (e) that the Animal will become the property of the Municipality and may be sold or destroyed after the expiration of 72 hours from the date of the impoundment, unless sooner redeemed.

Redeeming an Animal from the Pound

96. The Owner of an Impounded Animal or the Owner’s authorized agent may redeem the Animal from the Pound by: (a) Proving Ownership of the Animal to the satisfaction of the Poundkeeper and, in the case of an Owner’s agent, satisfying the Poundkeeper of the agent’s authority to act on the Owner’s behalf;

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(b) Paying to the Poundkeeper: (i) any applicable licence fees; (ii) the applicable impoundment fees as outlined in the Fees Bylaw; (iii) the applicable maintenance fees prescribed in the Fees Bylaw; and (iv) any veterinary costs incurred in respect of the Animal during the impoundment period; and (c) Satisfying the Poundkeeper that the Owner is in compliance with Part 4 of this Bylaw.

97. The Owner of an impounded Animal is liable to pay the seizure and impoundment fee and boarding and maintenance fees, regardless of whether or not the Owner redeems the Animal.

No liability for injury to Animal

98. No provision of this Bylaw shall be construed as making an Animal Control Officer or the Municipality liable to any Person for injury to, sickness or death of an Animal, whether or not incurred while the Animal is in the custody of the Poundkeeper or the Animal Control Officer.

Disposition of unredeemed Animals

99. An Animal becomes the property of the Municipality if it is not redeemed within hours after:

(a) Its impoundment, or (b) In the case of a licensed Dog, within 72 hours of the Owner being notified of the impoundment pursuant to Section 93 or 94 of this Bylaw.

100. Where an Owner has commenced an appeal under Section 78, the time set out in Section 99 does not begin to run until after the Manager of Fire and Bylaw Services has issued their decision regarding the request for reconsideration.

101. If an Animal becomes the property of the Municipality, the Poundkeeper may:

(a) Sell the Animal on behalf of the Municipality for an amount not less than the amount of any fees and charges outstanding, plus the cost of a licence for the Animal, if applicable; (b) Cause the Animal to be surrendered to the British Columbia Society for the Prevention of Cruelty to Animals or any other organization or Person for the purpose of adoption; (c) Deal with the Animal in accordance with the requirements of applicable federal or provincial legislation; or (d) May cause the Animal to be humanely destroyed.

102. Where any Animal is sold pursuant to Section 101(a) above, all property therein shall pass to the purchaser and all rights of property in the Animal that existed before the sale shall be extinguished.

103. Where an impounded Animal is sold or adopted out pursuant to this Bylaw, any monies received by the Poundkeeper for the Animal will be applied against the fees and costs of impounding, boarding, outstanding licences for, and adopting out the Animal.

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Euthanization of Impounded Animals

104. Notwithstanding any other provisions of this Bylaw, if an impounded Animal is suffering from an injury, sickness or incurable disease or from any other cause, the Poundkeeper, may, in their discretion, immediately cause the Animal to be destroyed if he is of the opinion that: (a) such Animal would not survive such injury, disease or sickness; (b) such sickness or disease constitutes a health hazard to other Animals or humans that cannot be otherwise reasonably addressed; or (c) the Animal is unduly suffering.

Adoption

105. Every Person wishing to adopt an animal from the Pound must: (a) make an application to the Poundkeeper on the form prescribed by the Poundkeeper and pay the fee set out in the Fees Bylaw; and (b) where applicable, license the Dog pursuant to this Bylaw.

PART 11 – PENALTIES AND ENFORCEMENT

106. This Bylaw may be enforced by an Animal Control Officer, and any other Person or class of Persons designated by Council to enforce Municipal bylaws.

Provision of information

107. If a Person occupies premises where a Dog is kept or found, the Person must provide the following information when requested by an Animal Control Officer:

(a) The Person’s name, address and telephone number; (b) If the Person is not the Dog’s Owner, the Owner’s name, address and telephone number; (c) The number of Dogs kept on the premises; (d) The breed, sex, age, name and general description of each Dog kept on the premises; (e) Whether each Dog kept on the premises is licensed, and if so, the licence number(s).

108. If a Person has apparent custody of a Dog, the Person must provide the following information when requested by an Animal Control Officer:

(a) The Person’s name, address and telephone number; (b) If the Person is not the Dog’s Owner, the Owner’s name, address and telephone number; (c) The breed, sex, age, name and general description of each Dog owned by or in the custody of the Person; (d) Whether each Dog owned or in the custody of the Person is licensed, and if so, the licence number(s).

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Entering property for inspection

109. In accordance with Section 16 of the Community Charter, an Animal Control Officer at reasonable times may enter onto and into real property to inspect and determine whether the requirements and prohibitions of this Bylaw are being complied with.

Right of Refusal to Release from Impoundment

110. The Poundkeeper may refuse to release an Animal to any Person, including its Owner, where: (a) the Animal has been seized by an Animal Control Officer under Section 49 of the Community Charter less than 21 days prior, or is the subject of an application by the Animal Control Officer under Section 49 of the Community Charter; (b) the Animal is required to be dealt with in a different manner under applicable federal or provincial legislation, including but not limited to the Wildlife Act, the Prevention of Cruelty to Animals Act or the Animal Disease Control Act; or (c) the Poundkeeper has determined under Section 104 of this Bylaw that the Animal is subject to suffering that cannot be reasonably addressed other than by the Animal’s humane destruction.

Offences

111. No Person shall hinder, delay, or obstruct in any manner, directly or indirectly, an Animal Control Officer from in carrying out their duties and powers under this Bylaw, including, without limitation: (a) providing false information; (b) unlocking or unlatching or otherwise opening a vehicle or enclosure in which an impounded Animal has been placed; (c) removing or attempting to remove any Animal from the possession of an Animal Control Officer; or (d) removing, or attempting to remove, an Animal from the Pound except in accordance with this Bylaw.

112. Any Person who causes, permits or allows anything to be done in contravention or violation of this Bylaw, or who neglects or fails to do anything required to be done pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon summary conviction to pay a fine of not more than $10,000.

113. This Bylaw may also be enforced by a ticket in accordance with Division 3 of Part 8 of the Community Charter.

114. Section 115 and 116 shall not prevent the Municipality, or an authorized person on behalf of the Municipality, issuing and enforcing a ticket under the Municipality’s Bylaw Offence Notice Enforcement Bylaw.

115. Each day an offence continues, or is permitted to exist, constitutes a separate offence.

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PART 12 – GENERAL PROVISIONS Severability

116. If any part, section, sub-section, sentence, clause or sub-clause of this Bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the invalid section shall be severed and the severance shall not affect the validity of the remaining portions of this Bylaw.

Repeal

117. “Animal Control Bylaw 1995” is hereby repealed.

______Read a first, second, and third time on April 3, 2019 Adopted on ______

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SCHEDULE “A” to Animal Responsibility Bylaw No. 3470

Actual Size of Sign: 30.5 cm x 23.5 cm [12 inches x 9.25 inches] Red lettering. Black graphic of Dog’s head.

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SCHEDULE “B” to Animal Responsibility Bylaw No. 3470

Designated Off-Leash Dog Areas

(a) Chemainus Lake Park (b) Herd Road Park (c) Osborne Bay Park (d) Somenos Dog Park; (e) Fuller Lake Park boat launch area where designated by signs; (f) Chemainus Ball Park, from September 1 to March 15 (g) Kin Beach Park foreshore, excluding other areas of Kin Beach Park, from October 1 – June 15; (h) Maple Bay Beach foreshore, excluding other areas of Maple Bay Beach, from October 1 to June 15; (i) Wul’aam’ (Echo) Park (j) Municipal Forest Reserve

25 68 The Corporation of the District of North Cowichan Fees Amendment Bylaw, 2019 Bylaw 3745

The Council of The Corporation of The District of North Cowichan enacts as follows: 1 The Schedule of “Fees Bylaw”, No. 3603, is amended (a) by repealing section 2 [Animal Fees] and substituting the following:

ANIMAL FEES (Section 2) Item Column 1 Column 2 Description Amount Licence Fees 1 Dog Licence Fee $35 2 Dog Licence Late Fee (after February 28) $10 additional 3 Aggressive Dog Licence Fee (minus any previous amount paid in the same $100 licencing year towards the Dog) 4 Aggressive Dog Licence Late Fee (after February 28) $25 additional 5 Dog Licence Transfer Fee $5 6 Dog Tag Replacement Fee $5 7 Kennel Licence Fee $125 8 Kennel Late Fee (after February 28) $25 additional Seizure and Impoundment Fees 9 Seizure and Impoundment fee for a spayed or neutered Cat $25 10 Seizure and Impoundment fee for an unspayed or unneutered Cat (upon $100 proof of sterilization within 30 days of the impoundment date, the Owner will be refunded $75.00) 11 Seizure and Impoundment fee for any Animal other than a Cat or Dog $Actual Cost 12 Seizure & Impoundment fee for licensed Dog (Excludes Aggressive Dogs) $50 – 1st impoundment 13 Seizure & Impoundment fee for an licensed Dog (Excludes Aggressive $100 Dogs) – 2nd impoundment 14 Seizure & Impoundment fee for licensed Dog – 3rd and subsequent $200 impoundment (Excludes Aggressive Dogs)

15 Seizure & Impoundment fee for an unlicensed Dog (Excludes Aggressive $150 Dogs) –1st impoundment 16 Seizure & Impoundment fee for a unlicensed Dog (Excludes Aggressive $200 Dogs) – 2nd impoundment 17 Seizure & Impoundment fee for an unlicensed Dog (Excludes Aggressive $300 Dogs) – 3rd and subsequent impoundment 18 Seizure and Impoundment fee for an Aggressive Dog – 1st impoundment $200 19 Seizure and Impoundment fee for an Aggressive Dog – 2nd impoundment $300 Seizure and Impoundment fee for an Aggressive Dog – 3rd and $400 20 subsequent impoundments Charge for any third party assistance required and employed to seize and $Actual Cost 21 impound any Dog

Boarding & Maintenance Fees

$15 per 24-hour 22 Boarding or maintenance charge for any Animal other than a Cat period or portion thereof $10 per 24-hour 23 Boarding or maintenance charge for a Cat period or portion thereof

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2 70 Report

Date April 17, 2019 File:

To Council From M. Frame, General Manager of Financial and Protective Services Endorsed:

Subject Financial Plan and Property Tax Rates Bylaws

Purpose

To introduce Bylaw 3747, Five-Year Financial Plan, 2019 and Bylaw 3749, Tax Rates Bylaw, 2019.

Background

On June 20, 2018 Council provided direction to staff to prepare the 2019 – 2023 Financial Plan based on the following five guiding principles:

 Support Council’s goals and objectives  Align with the Revenue, Tax and Budget Policy  Maintain service levels  Plan for targeted infrastructure renewal  Targeted community development

Staff prepared the five-year department operating and capital budgets based on maintaining existing service levels while striving to meet the other four principles.

In the fall of 2018, Council hosted three public information meetings in Crofton, Chemainus, and the South end to provide information to, and seek input from, the public on the proposed 2019 tax rates, proposed capital projects, proposed tax rates, priority projects and preliminary budget. Consultation was also provided through PlaceSpeak and the online budget simulation tool called “Citizen Budget.” The findings from that process were presented to Council on November 19, 2018.

Following those meetings, Council reviewed various aspects of the Financial Plan as follows:

 November 19, 2018 – Update on Town Hall Meetings and Initial Review of the Operating Budget  December 3, 2018 – Operating Budget (continued) and Introduction of the Capital Budget  December 10, 2018 – Grants in Aid Review  December 17, 2018 – Utility Budget and Financial Plan Review  February 4, 2019 – Roads, Cycling and Sidewalk Capital Project Review  February 15, 2019 – Forestry Budget  March 6, 2019 – To consider endorsing Financial Plan (including new Climate position)  March 20, 2019 – Finalize Financial Plan and 2.95% tax increase

7030 Trans-Canada Highway | Duncan, BC V9L 6A1 Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca 71 Page 2

Discussion

A Service Review was conducted by Kevin Ramsay, of Innova Strategy Group, in the fall of 2018. This highlighted the need to address the under-resourcing and investment in internal infrastructure to mitigate risk, ensure efficiency and accountability, and improve the customer experience. In response to both those reviews and discussions with Council, staff brought forward for Council’s consideration higher service level requests that included the need for a Chief Building Inspector, a position to address Land Administration, and other positions and initiatives such as a Business Applications Analyst and Procurement Advisor, Business Continuity Plan, Crisis Communications Plan, Budget Software and Prospero Ticketing software.

Approval of the Financial Plan was held in abeyance pending Council’s completion of its strategic priorities and the Strategic Planning process. Now that this process is complete and the Strategic Plan is adopted, the service level requests (positions and initiatives) have been realigned to meet the finalized Council priorities resulting in many of the initial proposed positions and initiatives being eliminated.

The main changes made to the budget were to reprioritize the new positions. The Chief Building Inspector (Service), RCMP Crime Analyst (Safer Communities) and the Senior Environmental Specialist (Environment) were considered best aligned with the Strategic Plan and necessary to meet Council’s Strategic Priorities.

Options

Give three readings to Bylaw 3747, Five-Year Financial Plan, 2019 and Bylaw 3749, Tax Rates Bylaw, 2019. Schedule a special Council Meeting to amend Bylaw 3747.

Implications

The Financial Plan contains a sustainable tax increase while maintaining existing service levels, aligning with Council’s Strategic Plan and providing capital spending sufficient for infrastructure renewal. The total General Municipal Tax Requisition is $30,020,821. Financial Plan contains a property tax increase of 2.95%. The tax increase on an average home assessed at $445,350 is $48.74.

Recommendation

That Council give first three readings to “Bylaw 3747, Five-Year Financial Plan, 2019”

That Council give first three readings to “Bylaw 3749, Tax Rates Bylaw, 2019”

7030 Trans-Canada Highway | Duncan, BC V9L 6A1 Ph 250.746.3100 Fax 250.746.3133 www.northcowichan.ca 72 The Corporation of the District of North Cowichan Five-Year Financial Plan Bylaw, 2019 Bylaw 3747

Contents 1 Financial plan establishment 2 Objectives and policies 3 Expenditure authority 4 Cheque signing authority 5 Ratification of payments 6 Repeal Schedule 1 Schedule 2 WHEREAS section 165 [financial plan] of the Community Charter requires that Council annually adopt a financial plan for the year the plan is to come into force and the following 4-years, before Council adopts its annual property tax bylaw; AND WHEREAS Council has undertaken a process of public consultation regarding the financial plan, as required under section 166 [public process for development of a financial plan] of the Community Charter; NOW THEREFORE, the Council of The Corporation of the District of North Cowichan enacts as follows: Financial plan establishment 1 Schedule 1, attached to and forming part of this Bylaw, is adopted as North Cowichan’s 5-year financial plan. Objectives and policies 2 Schedule 2, attached to and forming part of this Bylaw, sets out Council’s objectives and policies for the years 2019 through 2023 regarding (a) the proportion of total revenue that is proposed to come from (i) property value taxes, (ii) parcel taxes, (iii) fees, (iv) proceeds from borrowing, other than borrowing under section 177 [revenue anticipation borrowing] of the Community Charter, and (v) other sources, (b) the distribution of property value taxes among the property classes that may be subject to the taxes, and

73 (c) the use of permissive tax exemptions. Expenditure authority 3 This Bylaw authorizes North Cowichan’s municipal officers to expend in each year the sums of money shown in columns 2 through 6, Schedule 1, for the purposes described in column 1, Schedule 1. Cheque signing authority 4 All North Cowichan cheques must be signed by any two of the Mayor, Chief Administrative Officer, General Manager of Financial and Bylaw Services, Corporate Officer, or their deputies. Ratification of payments 5 All payments already made from municipal revenues for the current year are ratified and confirmed. Repeal 6 “Five-Year Financial Plan Bylaw, 2018”, No. 3687, is repealed. ______

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2 74 Schedule 1 Proposed Expenditures, Funding Sources and Fund Transfers

Item Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Description 2019 2020 2021 2022 2023 1 Revenues 2 Property Taxes 31,866,689 34,001,219 35,947,569 37,210,206 38,267,684 3 Parcel Taxes 4,613,230 4,799,250 4,992,883 5,169,309 5,358,703 4 User Fees 11,799,534 12,867,454 14,007,105 14,935,329 14,986,514 5 Other 7,938,994 7,286,939 21,912,769 5,974,881 2,507,939 6 56,218,447 58,954,862 76,860,326 63,289,725 61,120,840 7 Expenses 8 General Operating 34,149,136 34,788,724 35,989,310 36,552,380 37,131,077 9 Sanitary Sewer Operating 3,208,248 2,964,597 2,971,629 3,030,020 3,087,810 10 Water Operating 3,066,414 3,064,090 3,066,031 3,127,180 3,189,570 11 Interest on Debt 1,042,426 1,405,653 2,136,000 2,428,138 2,423,045 12 Amortization 9,612,200 9,757,400 9,787,400 9,811,400 9,811,400 13 51,078,424 51,980,464 53,950,370 54,949,118 55,642,902 14 Annual Surplus / (Deficit) 5,140,023 6,974,398 22,909,956 8,340,607 5,477,938

15 Add back: Unfunded Amortization 9,612,200 9,757,400 9,787,400 9,811,400 9,811,400

16 Capital Expenditures 17 General Capital 26,816,605 35,806,500 12,354,200 8,991,400 7,386,046 18 Sanitary Sewer Capital 3,426,000 3,703,700 19,128,510 6,120,400 835,370 19 Water Capital 5,042,430 1,075,000 1,445,000 1,386,000 1,269,120 20 35,285,035 40,585,200 32,927,710 16,497,800 9,490,536

21 Proceeds from Borrowing (10,000,000) (25,000,000) (5,000,000) 0 0 22 Principal Payments on Debt 1,086,673 1,192,571 2,099,243 2,580,166 2,578,623 23 Transfers to or between Reserve Funds (1,073,559) (863,995) 3,024,862 (508,777) 1,156,283 24 Transfers to or between Accumulated Surplus (10,545,926) 818,022 (354,459) (417,182) 2,063,896 25 (20,532,812) (23,853,402) (230,354) 1,654,207 5,798,802

26 Financial Plan Balance 0 0 0 0 0

3 75 Schedule 2 Financial Objectives and Policies 1. Funding Sources

Property taxation is North Cowichan’s principal revenue source. As a revenue source, property taxation is simple to administer and relatively easy for residents to understand. It is also a stable and reliable source of revenue for services that are hard or undesirable to fund on a user-pay basis. User fees and charges form the next largest portion of North Cowichan’s revenue and are collected from a variety of municipal services, permits, and licences. User fees attempt to align the value of a service to those who use the service. It is generally preferable to charge a user fee for services to specific users, than to levy a general tax on all property owners. The table below shows the proportion of North Cowichan revenue proposed to be raised from each funding source in 2018.

Table 1 - Sources of Revenue

Item Column 1 Column 2 Column 3 Revenue Source % of Total Revenue Dollar Value 1 Property Taxes 48.1 31,866,689 2 Parcel Taxes 7.0 4,613,230 3 User Fees and Charges 17.8 11,799,534 4 Proceeds from Borrowing 15.1 10,000,000 5 Other 12.0 7,938,994 6 Total 100% 66,218,447

Council’s objectives and policies regarding funding sources are to (a) use property taxes for services that do not lend themselves to a user-pay approach, (b) allocate 10% to 15% of municipal property tax revenue to capital projects, (c) charge user fees, where possible, to align services with those who use them, and (d) look for new revenue sources.

2. Distribution of Property Tax Rates

Council’s objectives and policies regarding the distribution of property tax rates are to strive to (a) set tax rates and ratios that maintain tax stability between property classes while factoring in non-market growth within classes, (b) set Class 4 (Heavy Industry) at the provincial average tax ratio and at no more than 3 times Class 6 (Business), (c) set Class 5 (Light Industry) at no more than 2 times Class 6 (Business), (d) set Class 6 (Business) at no more than 2 times Class 1 (Residential), (e) set Class 7 (Managed Forest) at no more than 2 times Class 6 (Business), (f) set Class 8 (Non-profit and Recreation) tax ratio at 1.00, to assist sector, and (g) set Class 9 (Farm) tax ratio at 1.00, to encourage local farm production.

4 76 Table 2 – 2018 Property Tax and Ratios Distribution

Item Column 1 Column 2 Column 3 Column 4 Property Class % of Total Property Dollar Value Ratios Taxation 1 Residential 67.4 20,240,600 1.00 2 Utilities 0.7 200,300 8.21 3 Supportive Housing 0.0 0 1.00 4 Major Industrial 14.9 4,473,300 8.48 5 Light Industrial 3.3 983,700 4.35 6 Business and Other 13.3 3,980,300 2.63 7 Managed Forest 0.1 47,300 3.93 8 Recreation/Non-profit 0.2 63,200 1.00 9 Farm land 0.1 32,100 1.00 10 Total 100% 30,020,800

3. Permissive Tax Exemptions

North Cowichan supports local non-profit organizations through permissive tax exemptions. Each year a list of these exemptions are included in the annual Report. Permissive property tax exemptions are governed by the North Cowichan Permissive Tax Exemption Policy.

In addition, the Municipality offers a tax incentive program to encourage new commercial and residential mixed use development to locate within the existing commercial core areas, and to encourage development of industrial land. Revitalization property tax exemptions are governed by the Municipality’s Revitalization Tax Exemption Bylaw.

5 77 The Corporation of the District of North Cowichan Tax Rates Bylaw, 2019 Bylaw 3749

The Council of The Corporation of the District of North Cowichan enacts as follows: 1 This bylaw imposes tax rates for the year 2019 (shown on the Schedule attached to and forming part of this bylaw), on the assessed value of all land and improvements within the Municipality of North Cowichan, for the following purposes:

(a) North Cowichan general municipal purposes - Column A; (b) Chemainus Business Improvement Area - Column B; (c) Cowichan Valley Regional District (excluding the Island Savings Centre and Theatre Grant) - Column C; (d) Cowichan Valley Regional District's Island Savings Centre - Column D; (e) Cowichan Valley Regional District's Theatre Grant – Column E; (f) Cowichan Valley Regional Cowichan River Flood Management - Column F; (g) Cowichan Valley Regional Hospital District - Column G. 2 The tax rates and percentage additions shall be payable at the Municipal Hall, 7030 Trans-Canada Highway, Duncan, British Columbia.

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78 Schedule

2019 TAX RATES

(Dollars of Tax per $1,000 of Net Taxable Value)

A B C D E F G Property Class General Chemainus Cowichan CVRD CVRD CVRD Cowichan Municipal Business Valley Island Theatre Cowichan Valley Improvement Regional Savings Grant River Regional Area District Centre Flood Hospital (CVRD) Mgmt. District

Residential 3.6463 0.75990 0.60865 0.06026 0.01826 0.50824 Utility 29.8490 2.65970 2.13028 0.21092 0.06390 1.77885 Supportive Housing 0.0000 0.75990 0.60865 0.06026 0.01826 0.50824 Major Industry 30.9329 2.58370 2.06941 0.20489 0.06207 1.72803 Light Industry 15.8492 2.58370 2.06941 0.20489 0.06207 1.72803 Business 9.5773 1.86180 1.49119 0.14764 0.04473 1.24520 Business – Area 1 4.2500 Business – Area 2 3.5000 Business – Area 3 2.5000 Managed Forests 14.3477 2.27970 1.82595 0.18079 0.05477 1.52473 Recreational/ Non-Profit 3.6463 0.75990 0.60865 0.06026 0.01826 0.50824 Farm 3.6463 0.75990 0.60865 0.06026 0.01826 0.50824

2 79 The Corporation of the District of North Cowichan Fees Amendment Bylaw, 2019 Bylaw 3744

The Council of The Corporation of The District of North Cowichan enacts as follows:

1 The Schedule of “Fees Bylaw”, No. 3603, is amended (a) in section 6 [Engineering Fees] by repealing items 30 and 32 and substituting the following:

ENGINEERING FEES (Section 6) Item Column 1 Column 2 Description Amount 30 Waste Collection – Annual, per dwelling unit $91 32 Waste Collection – Recycling bag $2

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CORPORATE OFFICER PRESIDING MEMBER

80 Report

Date March 16, 2019 File:

To Council

From Walter Wiebe, Senior Manager, Financial Services Endorsed:

Subject 2019 Garbage rate increase

Purpose

The purpose of this report is to present Council with a fees and charges amendment bylaw that will formalize the garbage rate increases as outlined in the 2019-2023 Financial Plan which was supported by Council at its March 20, 2019 meeting.

Background

The 2019-2023 financial plan includes a revenue budget of $1,255,800 for garbage and recycling collection. This is a 2% increase from the 2018-2022 financial plan which was $1,232,600. The 2019 cost for garbage and recycling collection included in the 2019-2023 financial plan is $1,243,640.

The garbage service is funded by collection fees and contributions from Recycle BC only with no funding from general taxation.

Discussion

The waste collection rate per dwelling per year was $88 in 2018 and requires increase to $91 to fund the increase operating costs for the garbage and recycling service.

Recycling bags are sold for $1 each (including GST) and the cost to purchase those bags have increased beyond $1 per bag. The rate requires an increase to $2 each (including GST) to cover the cost of the bags.

Recommendation

That Council give first three readings to “Fees Amendment Bylaw (No. 2 Waste Collection Fees), 2019” No. 3744 – a bylaw to provide for a 2% rate increase to cover the increased costs associated with waste collection.

Attachment(s): 1

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