Land use officials have shelved their latest proposal for permitting accessory dwelling units (ADUs) on Salt Spring Island, putting that housing initiative on the back burner and focusing first on improving their relationship with First Nations leadership.
The deferral of proposed Bylaw 537 came Thursday, March 7, as the initiative was returned to the Salt Spring Local Trust Committee (LTC) for adoption, after a Feb. 28 approval by the Islands Trust Executive Committee (EC).
The measure had been read three times in a single LTC meeting in late January and seemed poised to be adopted swiftly; trustees instead have pumped the brakes, citing a Feb. 2 letter to the EC from Tsawout First Nation Chief Abraham Pelkey expressing Tsawout’s “deep concern and continuing opposition” to the bylaw, as well as frustration with the process — saying they were not consulted or even informed that the January meeting was taking place, nor given time to express opposition before it happened.
“The Salt Spring LTC lobbied us through much of last summer and fall, months after presenting a version of Bylaw 530 that was almost the same as Bylaw 537, and which we could not support,” wrote Pelkey. “They then told us they would sponsor a potlatch to build a relationship for reconciliation, but never did so.”
At the LTC meeting March 7, trustees worried a miscommunication during what they understood to be an informal, broad-ranging meeting with Tsawout representatives had led to a sense that a promise had been broken. Salt Spring trustee Laura Patrick said the meeting where the idea of a potlatch came up was itself borne out of discussions the Trust Council had in June, when the Ministry of Municipal Affairs spoke about the importance of crafting relationships with First Nations leadership.
In that spirit, and as an “individual trustee,” Patrick said, she had sent a letter to Pelkey to congratulate him on his election, introducing herself, and requesting a general meeting to discuss working together in the future.
The resulting gathering was not specifically about the ADU bylaw or any other policy, Patrick said; further, her recollection was that while everyone present supported a suggestion made “to host a feast with all 13 First Nations,” at the time it was left for future planning.
Regional planning manager Chris Hutton said Islands Trust staff did continue the conversation around what that feast would look like, and were working to get “some sort of buy-in from Tsawout staff that there was a desire to proceed.”
“Had that been an avenue [everyone] wanted to pursue, that would have come back to the LTC,” said Hutton. “The understanding on the part of the Islands Trust was that this feast was not surrounding Bylaw 530, it was around our overall engagement and relationship-building.”
Hutton pointed out the Islands Trust recently received a $150,000 grant for First Nations relationship efforts — some of which could likely be allocated for a potlatch.
“Often, we are misunderstood,” said Thetis Island trustee Peter Luckham, who was acting as LTC chair March 7. “There is a misunderstanding here, and we need to resolve that misunderstanding.”
Luckham expressed further concern that the letter suggested Pelkey’s interpretation was that the EC, which he chairs, “approved” the bylaw — a characterization he worried would cause “further offence,” as EC was in receipt of Pelkey’s letter when they acted.
“We don’t ‘approve’ it,” said Luckham. “It’s just another check mark on that journey. It comes back [to LTC] and ultimately, we can decide today to proceed no further.”
That distinction is subtle; the motion, made on Feb. 28 by Lasqueti Island trustee Tim Peterson and carried unanimously by the EC, was indeed that the committee “approve Salt Spring Island Local Trust Committee Bylaw No. 537.” EC approval does not put a bylaw into force, but it is the final procedural hurdle before an LTC may adopt it.
“And I think [the potlatch plan] probably was a kernel, a seed of an idea more than it was a formalized proposition,” said Luckham. “I don’t think we got to a place where there was a decision being made, or necessarily even an invitation.”
Luckham, who was not at the Tsawout meeting in question, said he had heard about the potlatch proposal — and remembered thinking it was a great idea, but that it was not developed any further.
“Clearly there was hurt here, for want of a better term,” he continued. “There was something of an idea that was put forward and we haven’t followed through with that, and we can take responsibility, I think. So let’s fix it.”
Patrick agreed, despite saying she was “inclined” to adopt Bylaw 537, as the 369 properties it would affect already have permission for a secondary suite.
“This is not an increase in density,” said Patrick, addressing what had been a concern expressed by Tsawout representatives in the past, as they have the only reserve on Salt Spring Island at Fulford. “I was in favour of moving quickly with this version of the bylaw, because I believe the community was tired of hearing us talk about accessory dwelling units, and we had more important work to get to.”
But, she said, trustees should have done a better job.
“We should have sat down, government to government, with First Nations,” said Patrick. “We are on a journey of learning and relationship-building, and it is a journey that’s fraught with bumps and potholes. But we should’ve.”
Trustee Jamie Harris repeatedly emphasized that he was not himself part of any meeting or promise to hold a potlatch.
“That letter is of great concern. Chief Pelkey is concerned,” said Harris. “Until the record is set straight, I am not in any way, shape or form able to support adoption of the bylaw at this time.”
Trustees agreed to hold off on adoption of Bylaw 537, and by resolution directed staff to schedule a meeting between the LTC and Tsawout First Nation leadership.
Bylaw 537 would add a new map to Salt Spring Island’s planning documents, indicating where ADUs would be allowed — essentially everywhere secondary suites are already permitted, except for lands subject to excessive saltwater intrusion and those subject to the existing moratorium on new connections within the North Salt Spring Waterworks District’s service area. Salt Spring’s LTC has asked staff to develop a streamlined spot-zoning “pilot project” to allow residents request their properties be added to the map.