The Dec. 18, 2024 issue of the Driftwood carried an article entitled “Novel Galiano DPA takes next step.” The article discusses Bylaw 283, which focuses on the protection of identified critical aquifer recharge areas by requiring permits for development in these areas.
Although the goal is admirable, the bylaw will not provide much protection because of the many exemptions. Firstly, the bylaw only applies to properties of five hectares or more and includes numerous exemptions — such as for parks, covenanted lands and privately managed forest lands (PMFLs), leaving out many forested properties in critical recharge areas.
Secondly, the bylaw exempts land owned by Indigenous persons with federal Indigenous status who reside in their traditional territory and can prove Indigenous family lineage, apparently applying to those living on their territory of any band anywhere in Canada. This exemption violates a basic principle of land regulation that regulations be based on the merits of the land use, not on the identity of the owner. If approved, this exemption would mean that these specific Indigenous landowners would not need to apply for a development permit in groundwater recharge areas. An exempt landowner could also sell their property after development.
The bylaw was approved by the Galiano Local Trust Committee (LTC) and Trust Executive Committee (EC) despite receiving 40 letters of opposition, emphasizing that protections for Galiano’s groundwater should apply to everyone, and despite receiving legal counsel suggesting that the exemption would likely be considered invalid if challenged in court, thereby potentially incurring legal costs for a body already struggling with its budget. The reason given by the LTC and EC for passing a bylaw with these problems was a desire for reconciliation with First Nations.
The exemption raises numerous unanswered questions, including which traditional territories it would apply to, how joint ownership between Indigenous and non-Indigenous persons would be handled, where the word “person” would apply to lands owned by corporations, what the process for determining eligibility would be, and who would oversee it.
Bylaw 283 is now under review by the Minister of Municipal Affairs for approval. It’s worth noting that as acknowledged by the Galiano trustee who proposed the exemption, all properties currently owned by Indigenous people on Galiano are already exempt, as they do not meet the minimum five-hectare threshold.
This bylaw with these problematic exemptions, if approved by the minister, will set a troubling precedent for future bylaws within the Islands Trust area and beyond, creating unnecessary chaos and division in our communities, weakening the protections and the sustainability of freshwater for everyone.
Carmita Menyhart,
Galiano Island