Protocol Agreement Galiano LTC - CRD

Extracted text (beginning)

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PROTOCOL AGREEMENT REGARDING THE PROVISION OF PARKLAND
BETWEEN
THE GALIANO ISLAND LOCAL TRUST COMMITTEE
AND
THE GALLIANO ISLAND PARKS AND RECREATION COMMISSION REPRESENTING
THE CAPITAL REGIONAL DISTRICT

WHEREAS the Galiano Island Local Trust Committee and the Galiano Island Parks and
Recreation Commission consider it in the public interest of the Galiano Island Community for its
Local Trust Committee and Parks and Recreation Commission to coordinate their administrative
procedures to ensure the acquisition of appropriate lands for community parks, given the powers
of the Galiano Island Local Trust Committes in relation to the provision of park land at the time
of subdivision and the responsibility of the Galiano Island Parks and Recreation Commission to
develop, operate and maintain community parks;

AND WHEREAS the Galiano Island Local Trust Committee has local government jurisdiction
under Section 27 of the Islands Trust Act for land use regulation in the Galiano Island Local Trust

Area within the Capital Regional District;
AND WHEREAS the Galiano Island Local Trust Committee jurisdiction includes:

i) The authonty, through its Official Community Plan, to generally state broad objectives
and policies respecting the form and character of existing and proposed park land use, and
to designate the approximate location and type of present and proposed park land use, and
to designate the approximate location and type of present and proposed public park
facilities, (See Section 945 of the Municipal Act);

ii) The authority to designate lands for park use in regulatory bylaws (see Section 963 of
the Municipal Act);

iii) the power to require, at time of subdivision, that park land be provided, or cash-in-liew
be paid (See Section 992 of the Municipal Act);

AND WHEREAS the Capital Regional District has jurisdiction over community parks pursuant
to division XIV of its Letters Patent and as such is entitled to the possession and control of land
within the Galiano Island Community Parks Defined Area dedicated to the public for a park, and
has the authority to acquire, develop , operate and maintain community parks (See Section 992 of
the Municipal Act);

AND WHEREAS the Capital Regional District, pursuant to its supplementary Letters Patent
dated 28th day of August 1975, has established the Galiano Island Parks and Recreation

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Commission by bylaw 2292, and in such bylaw delegated to the Galiano Island Parks and
Recreation Commission all of the administrative powers of the Regional Board with respect to
the development, maintenance, and operation of all community parks within the Galiano Island
Community Parks Defined Area:

AND WHEREAS the Galiano Island Parks and Recreation Commission has an interest in the
identification and acquisition of land for community parks purposes through the powers exercised
by the Galiano Island Local Trust Committee in relation to the requirements for the provision of
park land, or cash-in-liew paymen

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