Protocol Agreement Mayne LTC - CRD

Extracted text (beginning)

PROTOCOL AGREEMENT REGARDING THE PROVISION 
OF FARKLAND BETWEEN 
THE MAYNE ISLAND LOCAL TRUST COMMITTEE 
AND THE MAYNE ISLAND PARKS AND RECREATION COMMISSION 
REPRESENTING 
THE CAPITAL REGIONAL DISTRICT 
 
WHEREAS the Mayne Island Local Trust Committee and the Mayne Island Parks and Recreation Commission consider it 
in the public interest of the Mayne Island Community for its Local Trust Committee and Parks and Recreation Commission 
to coordinate their administrative procedures to ensure the acquisition of appropriate lands for community parks given the 
powers of the Mayne Island Local Trust Committee in relation to the provision of park land at the time of subdivision, and 
the responsibility of the Mayne Island Parks and Recreation Commission to develop, operate, and maintain community 
parks for recreation purposes; 
 
AND WHEREAS the Mayne Island Local Trust Comniittee jurisdiction includes: 
 
i) the authority, through its Official Community Plan, to generally state broad 
objectives and policies respecting the form and character of existing and proposed 
park land use, and to designate the approximate location and type of present and 
proposed park land use, and to designate the approximate location and type of 
present and proposed public park facilities (see Section 945 of the Municipal Act); 
 
ii) the authority to designate lands for park use in regulatory bylaws (see 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-heu be paid, under Section 992 of the Municipal Act; 
 
AND WHEREAS the Capital Regional District has jurisdiction over the community parks pursuant to Division XIV of its 
Letters Patent and as such is entitled to the possession and control of land on Mayne 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 Mayne Island Parks and Recreation Commission by Bylaw 1948 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 Mayne Island; 
 
AND WHEREAS the Mayne Island Parks and Recreation Commission has an interest in the identification and acquisition 
of land for community parks purposed through the power exercised by the Mayne Island Local Trust Committee in relation 
to the requirements for the provision of park land, or cash-in-lieu payments, at the time of subdivision; 
 
AND WHEREAS the Mayne Island Parks and Recreation Commission has an interest in providing community parks for 
recreational purposes and the Mayne Island Local Trust Committee has an intertst in identifying community park lands 
which preserve and protect the 

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