The ruling affirms Galiano IS. trust committee's power to restrict residential development
The Court of Appeal for British Columbia upheld zoning restrictions on privately managed forest lands on Galiano Island, affirming the local trust committee's authority to prohibit residential development despite provincial legislative changes allowing limited residential use.
The court's ruling reaffirmed the Galiano Island Local Trust Committee's authority to restrict residential development on forest lands. The dispute dates back to 2000 when the committee adopted bylaw no. 127, which prohibits residential use in the "Forest 1 Zone."
The appellants, owners of privately managed forest land, argued that the bylaw was invalid or inapplicable due to subsequent provincial legislation, including the 2004 Private Managed Forest Land Act (PMFLA). They claimed the legislation, which broadly allows for one residential dwelling per parcel, superseded the bylaw. However, the court rejected this argument, ruling that the zoning restrictions were consistent with the trust committee's statutory authority under the Islands Trust Act to regulate land use for environmental protection.
The appellants contended that the bylaw conflicted with earlier provincial forestry laws, including the now-repealed Forest Land Reserve Act (FLRA). They argued that residential use of forest land should qualify as a "forest management activity" under these laws, invalidating the bylaw. However, the Court of Appeal concluded that residential development is not directly related to timber production or harvesting and, therefore, falls within the local government's zoning powers.
The appellants also argued that the PMFLA, which replaced the FLRA, retroactively invalidated the bylaw. The court disagreed, finding that the PMFLA applied only prospectively, leaving pre-existing bylaws intact. The court also emphasized that subsequent legislative changes could not retroactively alter the validity of local bylaws adopted under earlier legal frameworks.
The Court of Appeal upheld the chambers judge's decision, ruling that the trust committee acted within its authority in enacting and applying the zoning bylaw. It found the bylaw's prohibition on residential use reasonable, given the committee's mandate to preserve the island's unique environment. The court dismissed the appeal, affirming that landowners remain subject to local zoning restrictions despite provincial laws allowing limited residential use on managed forest lands.
