Update on Mudge Island's Bylaw Enforcement Policy Advocacy
We wanted to provide an update on the Mudge Island Community Association’s (MICA) ongoing efforts to work with Islands Trust to develop an effective bylaw enforcement policy for Mudge Island. Our focus is on gaining clarity on how the Gabriola Island Local Trust Committee (which oversees Mudge Island) handles investigations and enforcement.
Background: Islands Trust and How It Works
For those unfamiliar, Islands Trust is a unique governing body responsible for managing land use and protecting the environment on the Gulf Islands. Each island has a Local Trust Committee (LTC) that manages zoning and local land use issues, while the broader Islands Trust Council oversees matters that affect multiple islands. Bylaw enforcement falls under the authority of the Islands Trust Council, rather than individual Local Trust Committees.
The “May vs. Must” Debate
At our most recent town hall, there was considerable discussion about the language used in bylaw enforcement policies—specifically whether enforcement is discretionary (“may”) or mandatory (“must”). Many of you raised concerns about how this ambiguity impacts the fairness and consistency of enforcement on Mudge Island.
We learned that investigations are at the discretion of bylaw officers, and the Gabriola LTC does not have the authority to require investigations in every case. The Islands Trust Council, through its Regional Planning Committee, is responsible for setting the broader bylaw enforcement policy that guides these decisions.
MICA’s Involvement
Upon learning that the Islands Trust was updating its bylaw enforcement policy, MICA submitted a formal letter to the Regional Planning Committee advocating for clarity and fairness in enforcement, with a particular focus on the “may vs. must” language. Several of our members attended the meeting where this was discussed. Though we, the public, could listen, participation was limited to committee members.
Trustee Elliott did a commendable job representing Mudge Island’s concerns. She advocated for a balanced approach that allows discretion but includes clear guidelines to ensure consistent enforcement. Many of the trustees from other islands who were members of the committee indicated that this could happen on their islands and were very empathetic. However, during the discussion, it became clear that staff were resistant to specifying guidelines for when discretion should be used prior to investigation and were only open to discretion based on bylaw enforcement’s workload.
Trust and Bylaw Enforcement
An interesting theme emerged during the meeting: some trustees raised concerns about a growing distrust between island residents and the Islands Trust, especially around bylaw enforcement. There has been a rise in complaints, and Ombudsmperson's report on the Islands trust indicated that the current approach needs to be addressed. One trustee repeatedly asked if the updated policy addressed these trust issues, but it wasn’t clear if staff fully acknowledged the concerns.
Our Next Steps
While we appreciated the trustees’ efforts, we felt that the updated policy draft still does not adequately address the “may vs. must” question or the underlying approach to enforcement. As a result, MICA submitted a second letter with specific recommendations for improving the policy.
In drafting this second letter, we took a collaborative approach, knowing that we’ll be working with Islands Trust staff on Mudge Island’s bylaws in the future. We want to ensure that any guidelines for discretion are clear, fair, and reflective of the community’s needs.
What’s Next?
We will continue to advocate for a more transparent and effective bylaw enforcement policy that benefits Mudge Island. Below are links to the documents we’ve submitted and recordings of the relevant meetings for those who wish to learn more or get involved. We intend to provide a submission to the trust council on what can happen on and Island based on the current and proposed bylaw enforcement policy.
Included Materials:
