Thetis Island Information Notice

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Bowen, Denman, Gabriola, Galiano, Gambier, Hornby, Lasqueti, Mayne, N. Pender, Salt Spring, Saturna, S. Pender, Thetis 
 
 
Aug 31, 2023   
 
Islands Trust Releases Legal Opinion about Emergency Options for Thetis Island Property that Poses Fire Risk 
 
In response to community concern about a fire on a Thetis Island property that has been subject to bylaw enforcement, 
the Islands Trust Executive Committee decided to make public a legal opinion about the scope of emergency powers 
available to the Province of British Columbia, the Cowichan Valley Regional District, the Thetis Island Improvement District 
and the Thetis Island Local Trust Committee.  
 
Since September 5, 2019, the Thetis Island Local Trust Committee has been pursuing bylaw enforcement against the 
owner of 88 Pilkey Point Rd, Thetis Island, in response to the unlawful use of the property as an automobile salvage yard 
and for the operation of an unlawful vehicle repair and welding business outdoors. The property owner has been ordered 
by the BC Supreme Court to cease the unlawful uses and to remove the large amount derelict vehicles, salvage materials 
and auto parts from his property. He has failed to comply with a B.C. Supreme Court order and has been found in 
contempt of court. A sentencing hearing will be scheduled in the near future.  
 
Despite the court order and significant efforts by Islands Trust bylaw compliance and enforcement staff to encourage the 
owner to seek compliance, the property remains a hazard. A fire on the property in April 2023 renewed community 
concerns about the potential risk the property poses to neighbouring properties, which prompted Executive Committee 
to request a legal opinion on emergency options. 
 
The legal opinion received states that it is unlikely that the Province or a local government could successfully declare a 
state of local emergency under the Emergency Program Act in this case. Generally, the Fire Services Act authorizes the 
provincial fire commissioner to inspect fire hazards, and take steps to remove the hazards. However, it is unlikely that this 
would achieve the clearing of materials and debris from the property in this case, as it is unlikely the commissioner would 
view all materials on the property as hazardous. The Local Government Act authorizes regional districts, such as the 
Cowichan Valley Regional District, to declare an emergency. However, according to the legal opinion, the courts’ 
interpretation of the word “emergency” is not applicable in this case because the fire was successfully extinguished in a 
few hours and does not require immediate emergency action by the regional district. The powers of improvement 
districts are more limited than municipalities and do not include  emergency powers. Furthermore, under the Thetis 
Island Improvement District Fire Regulation By-Law No. 53. Section 1(a), the Fire Chief is not authorized to inspect the 
property or to issue orders to remove materials and debris. Th

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