Hornby Island Housing Agreement Bylaw No. 178, 2024

Extracted text (beginning)

HORNBY ISLAND LOCAL TRUST COMMITTEE 
BYLAW NO. 178 
___________________________________________________________________________________ 
A BYLAW TO AUTHORIZE A HOUSING AGREEMENT 
____________________________________________________________________________________ 
WHEREAS the Hornby Island Local Trust Committee is the Local Trust Committee having jurisdiction on 
and in respect of the Hornby Island Local Trust Area, pursuant to the Islands Trust Act; 
 
AND WHEREAS Section 483 of the Local Government Act and Section 29 of the Islands Trust Act permit 
the Local Trust Committee to enter into a housing agreement; 
 
AND WHEREAS the Hornby Island Local Trust Committee wishes to enter into a Housing Agreement; 
 
NOW THEREFORE the Hornby Island Local Trust  Committee enacts  in open meeting assembled as 
follows: 
 
1. This Bylaw may be cited for all purposes as “Hornby Island Housing Agreement Bylaw No. 
178, 2024”. 
 
2. Any one Trustee of the Hornby Island Local Trust Committee are authorized to execute 
an agreement in  the  form attached to this Bylaw with the HORNBY ISLAND  HOUSING 
SOCIETY, a society  incorporated under  the  laws of  the province  of British  Columbia 
under incorporation number S-0028556. 
 
READ A FIRST TIME THIS  1
ST
    day of NOVEMBER , 2024 
READ A SECOND TIME THIS  1
ST
    day of NOVEMBER , 2024 
READ A THIRD TIME THIS 1
ST
    day of NOVEMBER , 2024 
APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 
 20
TH
  day of NOVEMBER , 2024 
ADOPTED THIS 18
TH
  day of  DECEMBER , 2024 
 
 
             ____ 
CHAIRPERSON                  SECRETARY 

LAND TITLE ACT 
TERMS OF INSTRUMENT – PART 2 
 
 
Housing Agreement and Section 219 Covenant 
(Section 438 Local Government Act and Section 219 Land Title Act) 
 
THIS AGREEMENT DATED FOR REFERENCE THE 1st OF November, 2024is BETWEEN: 
 
HORNBY ISLAND HOUSING SOCIETY, a society incorporated under the laws of the province of 
British Columbia under incorporation number S-0028556.  
 
(the “Owner”); 
AND: 
 
HORNBY ISLAND LOCAL TRUST COMMITTEE, a corporation under the Islands Trust Act, having 
an office at 2
nd
 Floor, 1627 Fort Street, Victoria, B.C., V8R 1H8 
(the “Trust Committee”)  
AND:  
 
M’AKOLA HOUSING SOCIETY, a society incorporated under the laws of the province of British 
Columbia under incorporation number S-18870.  
 
 (the “Lessee”) 
WHEREAS: 
A. The Owner is the registered owner of the Lands situated at 5040 Central Road and legally described 
as: 
PID 028-221-401 
LOT 1, SECTION 11, HORNBY ISLAND, NANAIMO DISTRICT, PLAN VIP87990 
 
 
(the “Lands”); 
 
 
B. The Owner intends to construct on the Lands a residential development that will include Affordable 
Housing Units (hereinafter defined) to rent, by way of a Tenancy Agreement, at an affordable rate to 
Qualified Renters (hereinafter defined); 
 
C. The Trust Committee may, pursuant to Section 29 of the Islands Trust Act and Section 483 of the Local 
Government Act, enter into an agreement with an ow

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