Letter of Understanding Ministry Transportation

Extracted text (beginning)

LETTER OF UNDERSTANDING
REGARDING THE SUBDIVISION APPROVAL PROCESS
Within the ISLANDS TRUST AREA
BETWEENthe Ministry of Transportation and Highways as represented by the
Provincial Approving Officer and District Highways Manager
ANDthe Office of the Executive Director of the Islands Trust
1.PURPOSE
To delineate respective roles, clarify processes, and promote consultation in areas of mutual
interest concerning the subdivision approval process within the Islands Trust Area.
2.PRINCIPLES
Both parties acknowledge the following:
•          the legislative authority of the two agencies is recognized;
•          actions taken on the basis of this letter of understanding must be within the context of
current legislation; and
•          procedural certainty within the subdivision approval process is beneficial to the public as
well as both agencies.
3.ROLE STATEMENTS
3.1The Ministry of Transportation and Highways Provincial Approving Officer is appointed by
Cabinet under the Land Title Act to make decisions on the subdivision of land. The function
for the Islands Trust Area is undertaken by two Provincial Approval Officers, one is located
in Nanaimo and one is located in New Westminster. Staff support for this function is located
in the District Highways Managers' offices. The Provincial Approving Officer has the
authority to approve subdivision plans. The Provincial Approving Officer seeks input from
various Provincial Ministries, local governments and other agencies prior to considering the
issuance of Preliminary Layout Approval for subdivision applications. The Provincial
Approving Officer is also charged with the responsibility to approve the final plan of
subdivision if it is not considered to be against the public interest to do so. He or she is
consulted before the issuance of a Preliminary Layout Approval and signs the final
subdivision plans. The Land Title Act, the Municipal Act, the Condominium Act and the
Local Services Act also give the Provincial Approving Officer discretionary powers including
the right to refuse the approval of a subdivision if:

the subdivision does not conform to all applicable provisions of provincial
legislation or local government's bylaws, or the subdivision plan is, in his or her
opinion, against the public interest.
3.2The Islands Trust's object is to "preserve and protect the Trust Area and its unique
amenities and environment for the benefit of the residents of the Trust Area and of the
province generally, in cooperation with municipalities, regional districts, improvement
districts, and other persons and organizations, and the government of the Province."
3.3The Islands Trust is the authority responsible for land use planning in the Gulf Islands.
Authority for Islands Trust activities is set out in the Islands Trust Act and the Islands
Trust Policy Statement sets out the general policies of Islands Trust Council which are
designed to support the object of the Islands Trust. Local trust committees provide local

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