February 6, 2025: BC Appeal Court Upholds Galiano Island Local Trust Committee Bylaw

Extracted text (beginning)

Bowen, Denman, Gabriola, Galiano, Gambier, Hornby, Lasqueti, Mayne, N. Pender, Salt Spring, Saturna, S. Pender, Thetis 
 
 
 
 
 
February 6, 2025 – for immediate release 2025-02-IT 
BC Appeal Court Upholds Galiano Island Local Trust Committee Bylaw 
Lək̓ ʷəŋən, METULIYE/Victoria, B.C. – The British Columbia Court of Appeal has released its 
decision on Galiano Forest Lot Owners Association, Preston Family Forest Ltd., Olaf Knezevic, 
Winstanley Forest Ltd., and Boscher Construction Ltd. v. Galiano Island Local Trust Committee. 
The unanimous decision dismissed the appeal of the owners of properties that are designated 
private managed forest land under provincial legislation in favour of the Galiano LTC.  
The case has a long legal history, beginning in 1991 when the previous owner of the properties, 
MacMillan Bloedel, announced plans to sell its forestry lands on Galiano Island, which were zoned 
for one-family dwelling per parcel. In response, the Galiano LTC adopted bylaws in 1992 to, among 
other things, create a “Forest 1 Zone” to restrict residential use of several of the properties. 
MacMillan Bloedel challenged the bylaws, and while the trial court initially ruled against the LTC, 
the Court of Appeal upheld the bylaws in 1995, affirming the LTC’s authority under the Islands Trust 
Act and the Municipal Act to restrict the residential use of the properties. 
In 2000, the Galiano LTC adopted Land Use Bylaw No. 127, which continues the F1 zoning 
applicable to the properties, including the prohibition on residential use. Since then, there have 
been legislative changes, including the enactment of the Forest Land Reserve Act and then the 
Private Managed Forest Land Act. The owners argued that the legislation rendered the F1 zoning in 
Bylaw No. 127 invalid or inapplicable to their properties. The Court of Appeal disagreed finding that 
the LTC’s decision to adopt and apply Bylaw No. 127 to the properties was reasonable. The Court’s 
decision reaffirms the LTC’s authority to restrict residential use of the properties under Bylaw No. 
127 in alignment with its mandate to preserve and protect the Islands Trust Area.  
“This ruling provides important clarity on the authority of local trust committees to enact and 
enforce land use bylaws in accordance with the Islands Trust’s mandate,” said Galiano Island LTC 
Chair Tim Peterson. “It reaffirms our responsibility to uphold policies that preserve and protect the 
Trust Area.” 
 
- 30 -  
Islands Trust is a special-purpose government representing over 30,000 people living within the 
Islands Trust Area and 10,000 non-resident property owners. The Islands Trust Area is located 
within Coast Salish territory and is the homeland to many Coast Salish Peoples who have called 
this place home since time immemorial. Islands Trust is responsible for preserving and protecting 
 
News Release 
200 - 1627 Fort Street Victoria B.C. | V8R 1H8 
Telephone 250.405.5151 |  
Toll Free via Service BC in Vancouver 

First 3,000 characters. Open the original for the whole document.