Memorandum of Agreement ITC - South Pender LTC

Extracted text (beginning)

1 
MEMORANDUM OF AGREEMENT 
between the 
SOUTH PENDER ISLAND LOCAL TRUST COMMITTEE 
and the 
TRUST FUND BOARD (BOARD) 
concerning the 
COORDINATION OF ACTIVITIES AMONG 
THE TRUST FUND BOARD  
AND THE SOUTH PENDER ISLAND  LOCAL TRUST COMMITTEE 
 
 
 
WHEREAS pursuant to section 22(2) of the Islands Trust Act each Local Trust 
Committee may enter into agreements with municipalities, regional districts and boards of 
school trustees, respecting the coordination of activities in the local trust area; 
 
NOW THEREFORE the South Pender Island Local Trust Committee, and the Trust 
Fund Board agree as follows: 
 
 
1.0 PURPOSE 
 
1.1 The purpose of this memorandum is to assist the Islands Trust Fund Board ("Board") in 
the discharge of its statutory responsibilities while ensuring that the South Pender Island 
Local Trust Committee is able to discharge its statutory responsibilities and duties.  This 
protocol is also intended to promote procedural certainty and fairness for land owners 
and land use applicants involved in the land use regulation process on any island within 
the Islands Trust Area. 
 
1.2 This memorandum seeks to promote cooperation and communication between the 
Board and the South Pender Island Local Trust Committee in order to achieve the 
purposes set out in section 1.1. 
 
 
2.0 ROLES AND RESPONSIBILITIES 
 
2.1 Under the Islands Trust Act the Board is a corporation with the responsibility to carry out 
the object of the Islands Trust by administering and managing property of the Islands 
Trust Fund.  The Board is required by the Islands Trust Act to create and implement a 
plan for the acquisition, management and disposal of land. 
 
2.2 The South Pender Island Local Trust Committee is given the responsibility under the 
Islands Trust Act to carry out the object of the Islands Trust by regulating the 
development and use of land within the South Pender Island Local Trust area and by 
enforcing bylaws of the South Pender Island Local Trust Committee. 
 
 

 
 2 
3.0 CONSULTATION PROCESS 
 
Local Trust Committee Bylaws 
 
3.1 Where the South Pender Island Local Trust Committee considers a draft bylaw may 
have an impact on the responsibilities of the Board, the South Pender Island Local Trust 
Committee will refer the draft bylaw to the Board for comment by the Board before any 
public hearing is held regarding the bylaw.  The South Pender Island Local Trust 
Committee will consider Board comments on the bylaw received by the South Pender 
Island Local Trust Committee before the public hearing. 
 
Trust Fund Plan 
 
3.2 The Board will refer to the South Pender Island Local Trust Committee any revisions to or 
replacement of the Trust Fund Plan for comment before the plan is submitted for 
approval in accordance with the Islands Trust Act. 
 
Donations Intended for Board 
 
3.3 If a land owner who has made an application to the South Pender Island Local Trust 
Committee proposes to donate an interest in land or money to the Board in 

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