Protocol Agreement North Pender LTC - CRD

Extracted text (beginning)

PROTOCOL AGREEMENT REGARDING THE PROVISION 
OF PARKILAND BETWEEN 
THE NORTH PENDER ISLAND LOCAL TRUST COMMITTEE 
AND THE PENDER ISLANDS PARKS AND RECREATION COMMISSION 
REPRESENTING 
THE CAPITAL REGIONAL DISTRICT 
 
WHEREAS the North Pender Island Local Trust Committee (the "Trust Committee") and the Pender Islands 
Parks and Recreation Commission (the "Commission") consider it in the public interest to coordinate their 
administrative procedures to ensure the acquisition of appropriate lands for community parks, given the powers 
of the Trust Committee regarding the provision of parkland at the time of subdivision, and the responsibility of 
the Commission to develop, operate, and maintain community parks for recreation purposes; 
 
AND WHEREAS the Trust Committee's jurisdiction includes: 
 
i) the authority, through the Official Community Plan (the "OCP"), to state broad 
objectives and policies respecting the form and character of existing and proposed 
parkland use, and to designate the approximate location and type of present and 
proposed parkland use, and to designate the approximate location and type of present 
and proposed public park facilities, pursuant to Section 945 of the Municipal Act, and 
 
ii) the authority to designate lands for park use in regulatory bylaws, pursuant to Section 
963 of the Municipal Act, and 
 
iii) the power to require, at the time of subdivision, that park land be provided, or cash-in- 
lieu be paid, pursuant to Section 992 of the Municipal Act 
 
AND WHEREAS the Capital Regional District has jurisdiction over the community parks pursuant to Division 
XIV of its Letter Patent and as such is entitled to the possession and control of land on North Pender Island 
dedicated to the public for a park or public square, pursuant to Section 992 of the Municipal Act, and has the 
authority to acquire, develop, operate and maintain community parks; 
 
AND WHEREAS the Capital Regional District pursuant to its Supplementary Letters Patent dated (27th day of 
February, 1976), established the Commission by Bylaw 1577 (Oct 28/87) and in such bylaw delegated to the 
Commission all of the administrative powers of the Regional Board with respect to the development, 
maintenance and operation of all community parks on North Pender Island; 
 
AND WHEREAS the Commission has an interest in providing community parks for recreational purposes and 
the Trust Committee has an interest in identifying community parklands which 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 the Commission; 
 
NOW THEREFORE both parties agree as follows: 
 
1 
 

1 The intent of the Commission and the Trust Committee is to improve the coordination of 
administration procedures between the Commission and the Trust Committee with respect to 
the Trust Committee's powers regarding the provision of parkland, pursuant to Sectio

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