To protect Tsartlip community members and reinforce the community’s vision for the future, Tsartlip worked with Woodward and Company to create and adopt three new bylaws – Residency and Community Protection By-law, Trespass By-law, and Disorderly Conduct and Nuisance By-law – and to begin the development of two additional bylaws – Building and Development By-law and a Zoning and Land Use By-law.
Bylaws are an important part of every community’s organizational structure, providing clear, easy-to-follow guidelines for major changes in the community. Until now, Tsartlip has relied on bylaws developed in the early 1990s, leaving procedural gaps regarding modern issues such as new development, trespass, and more.
Now, with the help of law firm Woodward and Company, Tsartlip is developing fresh, new bylaws that will help paddle Tsartlip into its next era of development.
While the bylaws cover topics ranging from new builds to trespassing, the intention of the bylaws is not to make things more difficult for Tsartlip community members. Instead, the bylaws are developed with the safety of Tsartlip’s community in mind and prioritize ensuring value-aligned behavior on behalf of outside development firms and non-residents visiting the community.
The first of the five bylaws – the Tsartlip Building and Development By-law – will offer guidance for the construction, use, and repair of buildings at Tsartlip, and will create a process for Council to assess subdivision requests. Specifically, it sets out a list of which development activities will require a Tsartlip development permit, and defines the environmental protection, heritage resource protection, and technical building standards requirements that must be met to obtain a permit. This bylaw will support Tsartlip by guiding decision-making as more development takes place. It is intended only to apply to commercial, for-profit development, and should not impact individual community members’ small-scale projects.
The Zoning and Land Use By-law divides Tsartlip’s land into three zones – commercial, residential, and agricultural – and sets standards for each zone. The bylaw will set out what is and is not allowed in each zone and will set forth general land-use and building requirements. This bylaw will benefit Tsartlip by preventing land-use conflicts and ensuring future development is in line with the Tsartlip community’s vision for land use.
The Residency and Community Protection By-law creates a standard process to temporarily or permanently remove a resident from the Tsartlip reserve when necessary to protect the safety of the community. The bylaw is carried out by the Complaints Administrator and the community’s brand-new Residency Tribunal. The bylaw includes a provision allowing for a quicker process in cases where there is a particular danger to the community and the person at issue has committed one of several designated violent offences. Significant procedural requirements are built into this bylaw to ensure fairness to all involved, including a hearing and an appeals process.
The Trespass By-law clearly defines what it means to “trespass” on reserve and creates a process to order those who engage in trespass to leave the reserve. It also defines consequences for trespass, including a fine of up to $1,000, imprisonment for up to 30 days, or both. The purpose of this bylaw is to simplify the process of removing non-residents from the reserve when necessary.
Finally, the Disorderly Conduct and Nuisance By-law “prohibits certain behaviours on reserve and prescribes penalties for committing them.” It applies to disorderly-conduct behaviours such as drunkenness and fighting and to nuisance behaviours such as loud noises, abandoned cars, and the creation of excessive smoke. Potential consequences for these behaviours include receiving an order to stop the behaviour or an order to pay a fine.
Tsartlip looks forward to weaving in these new bylaws to protect the community and the community’s vision for the future of Tsartlip.
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