TC - Natural Area Exemption Certificate Fees Bylaw 115

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ISLANDS TRUST COUNCIL 
 
BYLAW NO. 115 
 
 
 
THIS BYLAW IS CONSOLIDATED FOR CONVENIENCE ONLY AND IS 
NOT TO BE CONSTRUED AS A LEGAL DOCUMENT 
 
 
This copy is consolidated for convenience only and is amended by the following: 
 
Bylaw No. Amendment No. Adoption Date 
 
Bylaw No. 190 Amendment No. 01-2022 November 3, 2022 
  

 
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ISLANDS TRUST COUNCIL 
 
BYLAW NO. 115 
 
  
 
A bylaw to prescribe fees for issuing Natural Area Exemption Certificates 
  
 
Whereas Section 49.3 of the Islands Trust Act provides that Islands Trust Council may issue a Natural Area 
Exemption Certificate for the purposes of protecting natural area values or amenities of an eligible natural 
area property;  
 
WHEREAS  Section  363(1)  of  the Local  Government  Act provides  that  a  local  government  may,  by  bylaw, 
impose fees related to a service provided and the exercise of regulatory authority; and 
 
NOW THEREFORE the Islands Trust Council, having jurisdiction in respect of the Trust Area in the Province of 
British Columbia pursuant to the Islands Trust Act, enacts as follows: 
 
1.0 Citation 
 
1.1 Bylaw No. 93, being “Islands Trust Council Natural Area Exemption Certificate Fees Bylaw, 2004" is 
repealed in its entirety. 
 
1.2 This bylaw may be cited as the "Islands Trust Council Natural Area Exemption Certificate Fees Bylaw 
No. 115, 2006.” 
 
2.0 Interpretation 
 
2.1 In this bylaw: 
 
“Applicant” means the owner of the property to be subject to a Natural Area Exemption Certificate, 
or an agent authorized by the owner to apply on its behalf. 
 
 “Application Fee” is payable to the “Islands Trust”. 
  
“Covenanted Area” is that area of the Land that is proposed to be covenanted and which meets the 
criteria of an “eligible natural area property”  
 
“Eligible natural area property” means property so designated under section 49.1 of the Islands Trust 
Act. 
 
 “Islands Trust” means the Chief Administrative Officer or his/her authorized representative. 
 
“Natural area exemption certificate” means a certificate issued under section 49.3 of the Islands Trust 
Act. 
  
 

 
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3.0 Natural Area Exemption Certificate Application Fees 
 
3.1 (a) Prior  to  the  processing  of  an  application  for  a  Natural  Area  Exemption  Certificate,  the 
applicant must deliver to the Islands Trust $275 as Phase 1 of the Application Fee.  
 
 (b) An application administration fee in the amount of $50 being a portion of the fee referred to 
in paragraph (a), is not refundable in any event. 
 
 (c) If the application is not processed for any reason, the Islands Trust must pay to the Applicant 
an amount equal to the fee paid, less $50. 
 
3.2 (a) If  Trust  Council  passes  a  resolution  instructing  the  Secretary  to  issue  a  Natural  Area 
Exemption Certificate to the Applicant, then the application enters Phase 2 of the application 
process and, in order to proceed, the Applicant must deliver to the Islands Trust $175. 
 
4.0 Extraordinary Co

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