Protocol Agreement Salt Spring LTC - CRD

Extracted text (beginning)

PROTOCOL AGREEMENT REGARDING THE PROVISION OF PARKLAND
BETWEEN
THE SALT SPRING ISLAND TRUST COMMITTEE
AND
THE SALT SPRING PARKS AND RECREATION COMMISSION REPRESENTING
THE CAPITAL REGIONAL DISTRICT
WHEREAS the Salt Spring Island Trust Committee and the Salt Spring Island Parks and Recreation Commission consider
it in the public interest of the Salt Spring 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 Salt Spring Island Trust Committee in relation to the provision of park land at the time of
subdivision, and the responsibility of the Salt Spring Island Parks and Recreation Commission to develop, operate, and
maintain community parks for recreation purposes;
AND WHEREAS The Salt Spring Island Trust Committee has local government jurisdiction under Section 27 of the
Islands Trust Act for land use regulation on Salt Spring Island within the Capital Regional District;
AND WHEREAS the Salt Spring Island Trust Committee 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 parks 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-lieu 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 within the Salt Spring Island Electoral Area
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 Salt Spring Island Parks and Recreation Commission by Bylaw 327 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 within the Salt Spring Island Electoral Area;
AND WHEREAS the Salt Spring Island Parks and Recreation Commission has an interest in the identification and
acquisition of land for community parks purposes through the powers exercised by the Salt Spring Island Trust Committee
in relation to the requirements for the provision of park land, or cash-in-lieu payments, at the time o

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