BRF - Potential Legislative and Procedure Change by the IT in Relation to Forest Protection

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Islands Trust Briefing Page 1 
 
 
 
 
BRIEFING 
 
 
To: Executive Committee  For the Meeting of: November 18, 2020 
     
From: CAO  Date Prepared: November 12, 2020 
     
SUBJECT:
  
Potential legislative and procedure change by the Islands Trust in relation to forest 
protection 
 
 
PURPOSE: For Executive Committee to receive an initial report reviewing the recommendations of the 
Raincoast Conservation Foundation received at the September 2020 Trust Council meeting and to 
consider any recommendations to further any potential policy reform. 
BACKGROUND:  
Following the presentation at Trust Council in September by Raincoast Conservation 
Foundation, Trust Council made the following motion(s). 
 
THAT Executive Committee reviews the recommendations of Raincoat Conservation 
Foundation regarding the policy reform to protect endangered forests and habitats 
within the Islands Trust Area and provide recommendations to Trust Council. 
 
THAT the Islands Trust Council request the Province enhance the Trust’s jurisdiction over 
tree cutting bylaws to make its jurisdiction equal to that of  municipalities under Section 
8 of the Community Charter. 
Those recommendations were included in the package provided by RainCoast to the meeting in 
September, and generally consist of the following: 
1. Establish Development Permit Areas to protect forest ecosystems and regulate forest 
practices on private lands  
2. Seek enforceability of Development Permits  
3. Pursue the implementation of tree cutting permits and forest management regulations.  
4. Use zoning (i.e. Conservation Zoning) as a way to regulate tree removal and retention on 
private lands.  
5. Continue to pursue and support other tools available for “protecting and preserving the 
islands unique amenities and environment” 
Several of these policy requests generally are associated with or directly relevant to current and ongoing 
strategic initiatives of the Island Trust.  A brief review of each of the recommendations follows: 
 
1. Establish Development Permit Areas to protect forest ecosystems and regulate forest 
practices on private lands  
 

Islands Trust Briefing Page 2 
The Islands Trust currently has the authority to protect forest ecosystems through the use of 
development permits.  Currently there are forestry DPAs in the Galiano Island and North 
Pender Island Local Trust Areas.  There are however limitations associated with how 
comprehensive the level of protection can be in the application of DPs to regulate forestry. 
 
In 1997 the Islands Trust lost the case, Denman Island vs 4064 Company.  In this matter the 
LTC established a DP area to protect forest areas and included a specific regime for tree 
cutting.  The landowner challenged the DP, stating that the Trust did not have the authority 
to regulate forestry on a general landscape level.  The courts agreed.  Since then the Trust 
has had more confidence in establishing DPs for very specific forest elements, for instance 

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