TC - Islands Trust Council / BIM Protocol Bylaw No. 72

Bowen Municipality · Adopted Bylaws · Other Bylaws

This is a readable archive copy. For the authoritative wording, including maps and amendments, check the PDF we hold and the Islands Trust listing. The index date (July 17, 2000) is a listing date, not necessarily the adoption or effective date.

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ISLANDS TRUST COUNCIL BYLAW NO. 72

************************************************************************************************************************* A bylaw to adopt a Protocol with the Bowen Island Municipality *************************************************************************************************************************

WHEREAS pursuant to Section 9(1) of the Islands Trust Act, the Trust Council, for the purpose of carrying out the object of the Trust, may enter into agreements with the government of British Columbia; respecting the coordination of activities within the Trust Area;

NOW THEREFORE the Islands Trust Council, in open meeting assembled, enacts as follows:

Citation 1. This bylaw may be cited for all purposes as "Islands Trust Council/Bowen Island Municipality, Protocol Bylaw No. 72, 2000."

Protocol 2. The protocol agreement attached as Schedule “A” and entitled “Islands Trust Council/Bowen Island Municipality Protocol” is approved pursuant to Section 9(1) of the Islands Trust Act.

Severability 3. If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by a decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of the bylaw.

READ A FIRST TIME THIS 16TH DAY OF JUNE , 2000

READ A SECOND TIME THIS 16TH DAY OF JUNE , 2000

READ A THIRD TIME THIS 16TH DAY OF JUNE , 2000

APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS THIS 28TH DAYOF JUNE , 2000

ADOPTED THIS 17TH DAY OF JULY , 2000

_____________________________________ _____________________________________ SECRETARY CHAIR

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SCHEDULE A

ISLANDS TRUST COUNCIL/BOWEN ISLAND MUNICIPALITY PROTOCOL

This Protocol Agreement (“Agreement”) dated for reference June 19, 2000 is

BETWEEN:

ISLANDS TRUST COUNCIL ("Trust Council") AND: BOWEN ISLAND MUNICIPALITY ("Municipality")

(Referred to as the “Parties”)

WHEREAS:

Under Section 9(1) of the Islands Trust Act, the Trust Council may enter into an agreement with an island municipality respecting the coordination of activities in the Trust Area;

The Bowen Island Municipality is an island municipality established by letters patent dated 4th day of December, 1999 and has the authority to enter into agreements;

Both Parties share responsibility to carrying out the object of the Islands Trust Act within their relative areas of jurisdiction; and

The Parties met to discuss respective areas of responsibility and to develop principles, processes and conditions for the coordination of efforts within the Bowen Island Municipality.

NOW THEREFORE, the Trust Council and the Municipality agree as follows:

1.0 PRINCIPLES

The Parties agree to the following principles to guide the development and maintenance of positive relations:

1.1 Respect of each others’ jurisdiction with a commitment to promoting a spirit of mutual understanding and respect;

1.2 A desire to foster open and direct dialogue about each others’ directions or concerns;

1.3 Recognition of each others’ resource limitations and the benefits of working together;

1.4 The need to reflect both island community interests and the provincial mandate associated with the Islands Trust Act and Local Government Act;

1.5 A desire to share information in a manner consistent with legislative or legal requirements;

1.6 An aim to provide effective and efficient services to Bowen Island Municipality; and

1.7 Both parties will utilize best effort to create a successful Islands Trust/Bowen Island Municipality relationship and acknowledge there is no precedent in this regard. 2.0 COMMUNITY PLANNING PROCESS

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2.1 The Trust Council will provide a 30 day notice of intent for Policy Statement Bylaw Amendments and a 30 day referral, unless otherwise mutually agreed, for proposed amendments.

2.2 Either party may give written notice that a consultation meeting be conducted by the Party providing the notice or referral within 10 days of receipt of such documentation.

3.0 FINANCIAL ARRANGEMENTS

3.1 The Trust Council shall advise the Municipality of the requisition estimate by October of each year, and requisition confirmation, subject to Ministerial approval, by April 1st of each year for the Trust Area services.

3.2 The Trust Council shall consult with the Municipality by October of 2000 and 2001 concerning the planning services contract fee in accordance with the Letters Patent.

4.0 ADMINISTRATIVE ARRANGEMENTS

4.1 Agendas and minutes for regular meetings of Trust Council and the Municipality will be provided on a regular basis to the designated staff.

4.2 Either Party receiving an inquiry or complaint relating to a matter which is within the jurisdiction of, or may reasonably be of interest to, the other Party shall forward the appropriate information to the other Party.

4.3 Both Parties agree to direct concerns regarding administrative requirements, resource allocation and staffing to the respective chief administrative officers.

4.4 Unresolved operational matters shall be directed to the respective chief elected officer or their designates.

5.0 INITIATIVES WITH OTHERS

5.1 After consultation with the other party, either Party will provide written notice respecting requests for the Federal, First Nation and Provincial governments to enact legislation that may affect the activities of the other Party relative to the Bowen Island Municipality.

5.2 In addition to the requirements under the Letters Patent both Parties will endeavour to provide opportunities for the other Party to provide input to or involvement in agreements with other organizations that may impact the activities of the other Party.

6.0 COMMUNICATIONS

6.1 The Parties agree to schedule, by October of each year, regular meetings of the Islands Trust Executive Committee and Municipality to review the implementation of the protocol or other areas of mutual interest.

6.2 The Islands Trust Executive Committee and/or Trust Council and the Municipality shall provide an opportunity to meet and deal with matters requested in writing, within 14 days of such a request being delivered, unless otherwise agreed to by both parties.

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6.3 Both Parties will encourage active staff liaison to promote the effective coordination of activities.

6.4 Both Parties agree to pursue alternate methods of dispute resolution before initiated legal proceedings directed at the other Party.

7.0 CONDITIONS

7.1 Nothing in this Agreement shall be construed so as to fetter the legislative discretion of either of the Parties or oblige either of the Parties to adopt or prevent either of the Parties from adopting any bylaw or resolution.

7.2 The interpretation of terms used in this Agreement shall be governed by the interpretation provisions of the Islands Trust Act and the Local Government Act.

7.3 This Agreement may be amended by agreements in writing between the Bowen Island Municipality and the Islands Trust Council.

7.4 The Executive Director of the Islands Trust and the Chief Administrative Officer of the Bowen Island Municipality may enter into Letters of Understanding to provide administrative details for implementing this protocol upon the resolution of both Parties.

7.5 Information and notification pertinent to this Agreement shall be delivered to:

Islands Trust Council Islands Trust 2nd Floor, 1627 Fort Street Victoria, BC V8R 1H8 Fax: 250-405-5155

Bowen Island Municipality Bowen Island Municipality Municipal Hall Bowen Island, BC V0N 1G0 Fax: 604-947-0193

7.6 The officials of each Party who shall be responsible for the notices and the administration of this Agreement are:

Islands Trust Council: the Executive Director of the Islands Trust; and

Bowen Island Municipality: the Chief Administrative Officer of the Municipality

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As evidence of their agreement of the above terms, the Parties have executed this Agreement as set out below: