Memorandum of Agreement ITC - Islands Trust Council

Extracted text (beginning)

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MEMORANDUM OF AGREEMENT
between the
ISLANDS TRUST COUNCIL (COUNCIL)
and the
TRUST FUND BOARD (BOARD)
concerning the
COORDINATION OF ACTIVITIES AMONG
THE TRUST FUND BOARD
AND LOCAL TRUST COMMITTEES

WHEREAS pursuant to section 8.1 of the /slands Trust Act the Islands Trust Council may, for the
purpose of carrying out the object of the Trust, on its own behalf or on behalf of one or more
Local Trust Committees, enter into agreements with one or more of the government of British
Columbia; the government of Canada, an agent of the government of British Columbia or

Canada; or a municipality, regional district or board of school trustees, respecting the
coordination of activities within the Trust area;

AND 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 Islands Trust Council, 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 each local trust
committee ("LTC") of the Islands Trust 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 LTCs in order to achieve the purposes set out in section 1.1.

2.0 ROLES AND RESPONSIBILITIES

2.1 Under the /slands 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 /slands Trust Act to create and implement a
plan for the acquisition, management and disposal of land.

2.2 LTC's are given the responsibility under the /slands Trust Act to carry out the object of the

Islands Trust by regulating the development and use of land within the local trust area for
each local trust committee and by enforcing bylaws of the LTC.

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LTC Bylaws

3.1

Where a LTC considers a draft bylaw may have an impact on the responsibilities of the
Board, the LTC will refer the draft bylaw to the Board for comment by the Board before

any public hearing is held regarding the bylaw. The LTC will consider Board comments
on the bylaw received by the LTC before the public hearing.

Trust Fund Plan

3.2

The Board will refer to every LTC any revisions to or replacement of the Trust Fund Plan

for comment before the plan is submitted for approval in accordance with the /slands
Trust Act.

Donations Intended for Board

3.3

If a land owner who has made an application to a LTC proposes to donate an interes

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