Letter of Understanding - Capital Regional District (SEM)

Extracted text (beginning)

BUILDING PERMIT LITIGATION 
 
 
 
 
LETTER OF UNDERSTANDING 
BETWEEN STAFF ADMINISTRATIONS OF 
 
THE ISLANDS TRUST 
AND  
THE CAPITAL REGIONAL DISTRICT 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
JANUARY 2002 
 
 
 
 
 
 
 

BUILDING PERMIT LITIGATION 
 
LETTER OF UNDERSTANDING 
BETWEEN STAFF ADMINISTRATIONS OF 
THE ISLANDS TRUST AND THE CAPITAL REGIONAL DISTRICT 
 
 
 
WHEREAS the Islands Trust has jurisdiction over an area that has been established as 
a provincial land trust under the Islands Trust Act; 
 
AND WHEREAS the Islands Trust through its Local Trust Committees has local 
government jurisdiction under Section 27 of the Islands Trust Act for land use regulation 
in those local trust areas within the Salt Spring Island and the Southern Gulf Islands 
electoral areas of the Capital Regional District; 
 
AND WHEREAS the Capital Regional District has functional jurisdiction on Salt Spring 
Island and the Southern Gulf Islands for Building Inspection under Building Regulation 
Bylaw #1042 (Local Government Act Part 21); 
 
AND WHEREAS the Capital Regional District Board and the North Pender, South 
Pender, Mayne, Salt Spring, Galiano, and Saturna Island Local Trust Committees 
entered into a Protocol Agreement July 20, 1999 to provide for cooperation regarding 
administrative and jurisdictional issues; 
 
AND WHEREAS the staff of the Islands Trust and the Capital Regional District wish to 
make an agreement at the administrative level to facilitate the cost sharing of litigation of 
building permits as follows: 
 
 
1. The Executive Director or designate of the Capital Regional District (hereafter called 
the "CRD") may initiate a request for joint defense and cost sharing when: 
 
• the CRD is given notice that a CRD Building permit will be challenged: 
 
• the CRD is of the view that the Building Permit is being challenged because of 
the content of the relevant local trust committee bylaw or activity on behalf of the 
Islands Trust. 
 
• The Islands Trust is of the view that a Trust Bylaw is challenged because of a 
building permit being issued by the CRD in error which is contrary to the Trust 
Bylaw. 
 
2. Both parties as mutually agreed will share legal information as deemed appropriate 
to discuss joint litigation options. 
 
3. Both parties will agree on the following for joint litigation efforts: 
 
• the degree of information and legal advice that will be shared; 
 

 
• the lead law firm and inter law firm communications; 
 
• the scope of costs to be shared (CRD legal, Islands Trust legal, organizational 
costs and other expenses); and 
 
• cost sharing mechanics (billing frequency) 
 
4. Withholding a Permit: 
 
• Where a local trust committee has directed the CRD to withhold a permit under 
section s.929(4) of the Local Government Act, the Trust bears the sole 
responsibility for any liability for damages claimed arising from that action. 
 
• Where the CRD believes that a permit should be withheld under section 
s.929(4) of the Local Governm

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