Can I live on Lasqueti?

We get 3 or 4 requests a month asking how one goes about visiting / renting / buying / working on Lasqueti, or just about what life is like here. 
Here are few real messages we have received, with apologies for my irreverent answers:

Is there free land in Lasqueti?

No.

Living on the island seems like the perfect place for me to go, I just don't know what I'll do when I get there, or first of all, how I will get there. Any tips or help?

WWOOF...

Is everyone welcome to Lasqueti ?

Only nice people.

I am  just wondering if you have camping available?

No

How much do you have to pay for land on the island

How much do I have to pay or how much do you have to pay?

I was wondering if anyone is allowed to move to Lasqueti Island?

We were wondering if there is some way to stop 'em.

i just need more info on migrating to your community. can you show up and just find crown land to live off of?

No.

i was wanting to see if i am able to survive off the grid with my two small kids
i have most camping gear..please let me know.

I'd like to see that too!

I would like too buy some land on your island ,anything for sale?

Ask Lisa...

Are there any Building Codes on the Island?

Yes, but no Building Inspectors

I must ask:  Life there on Lasqueti seems like a rural paradise - I was wondering; how does one come to live in such a community or are all who live there descended from the original settlers?

It's not (paradise, that is); by moving (generally to Lasqueti, that is); No.

I heard about this place on the radio.  Do you have an area for
vacationers?  What is the weather like?  What is there to do?

No. It rains constantly. Umbrella repair.

 I have recently learned of your paradise and I would very much like to become a member.

It's not paradise!  It's not a club

I am wondering if there is some matter I can apprentice to learn to fully survive on your island. I may have only a few skills, but I wish to contribute as much as I can.

It's all we'd ask of anyone :-)   Try Jessie...

I'm wondering if a resident on the island would consider writing to me
and helping me figure out if moving there is a feasible idea?  I'm looking
for information on living costs and the realities of living off-grid as a
single woman with little experience but a willingness to learn.  Thanks for
your help.

You've come to the right place.

We've never been to the island and wondered if there is a pub at or near
the ferry dock.

Yes!

I would like to know how i would become a member of the lasqueti
community.we are a young couple trying to get away from the everyday
"norm".

Are you saying we're not normal?

I'm travelling around Canada with my friend Aurora, we think that the way you are living is very interesting, so we would like to meet you and stay a few days helping you or wathever. If it's possible please contact me, it would be so nice! thankyou and have a nice day!

We love you already - please come and WWOOF...

Hi. Saw the TV program and would love to live off the grid.

You saw it on TV, so it must be true!

I just saw a tv special on your island. I have to say it was one of the most inspirational things I have seen in a long time. The people that live there off the power and resources of the island amaze me. I think it is wonderful that you have found such a beautiful spot to enjoy the true wonders of the world in their natural state. I am not one that could cope with such a lifestyle, but I admire those that can. I would love to be able to visit the island, do you offer accommodations for people that would like to experience the wonder of your world? I would love to be able to show my children that there is more to life than the conveniences of modern life. It scares me that they could possibly grow up not appreciating the enjoyment of life without tv, computers and cell phones.

Please come - your kids need us.  Visitors...

I came across your web site by accident when I saw your group profile
on http://kiva.org.  I was interested in information about visiting Lasqueti
Island, perhaps as an initial visit to moving and living there.

Please come - Kiva rocks.

Shyte Regulations

In 2005, the rules and regulation concerning wastewater in British Columbia were drastically changed. As part of the Gordon’s Campbell’s obsession with privatization, the Health authorities lost control over such matters as septic fields and greywater. As a result, they have no advice, nor suggestions about these systems. Instead, overseeing greywater and septic planning has been turned over to the private sector industry, in this case the ASTTBC or Applied Science Technologists and Technicians of British Columbia. 
Their website for wastewater information is: http://wastewater.asttbc.org/c/index.php. 
The rules are draconian, and intensely bureaucratic—yet another example of the narrow minded view that one-size-fits-all--in a province of mind boggling diversity in climate, terrain, ecosystems and population density. More and more these days one cannot do the simplest things around the home without falling afoul of the law and becoming a criminal. Here is a sample from the site.

What is an Authorized Person?

The Sewerage System Regulation (SSR) provides for two types of ‘Authorized Person’: a Registered Onsite Wastewater Practitioner and a Professional. No others may plan, install or maintain systems in British Columbia. Doing so is illegal and considered an offense under the Regulation.

Registered Onsite Wastewater Practitioner

Depending on training and qualifications, a Registered Onsite Wastewater Practitioner (ROWP) plans, installs, maintains and/or inspects onsite systems. They are registered with the Applied Science Technologists & Technicians of British Columbia (ASTTBC). To be registered, individuals must complete the required education, a Professional Practice & Ethics exam, provide references, and demonstrate experience by successfully completing a Practice Assessment.

As far as I can tell there have been few prosecutions for breaching these regulations. It is hard to imagine a simple greywater system would excite much interest or criticism. But, if the health department receives a complaint and discovers a gross sewage violation, especially near a watershed used for collecting drinking water, the punishment could be brutal—say a fine of $10,000-$100,000.  

Of course, this author would never dream of inciting anyone to break the law. All suggestions in this little essay are purely theoretical and hypothetical.

Septic Fields

The ASTTBC swears by the septic field. This time honored method involves digging out an area for large holding tank, and a 50’ by 50’ absorption field. Drainage pipes are buried in the field to disperse the waste. A mantle of specially approved gravel is laid to a depth of 10” along the pipes followed by another 3’ of imported sandy soil to improve absorption. In some places this method works very well, but it does have its problems.   What happens when the homeowner’s yard is a rock bluff, which cannot be dug? Or, suppose the area is entirely under water during the winter months? These are not unusual circumstances in rural areas. In these cases, putting in septic field is a complete waste of time and money.

Then there is the problem of disposal. A septic tank has to be cleaned out every three to five years. These systems work on the basis of creeping failure. As solids build up in the tank and dispersal pipes, there is less space for the sludge and scum to settle out before seeping into the leaching field. Unattended, your system backs up, bringing a pond or stinking rotted sewage to the surface. Beware, when this happens your field has failed, and the whole thing will probably have to be replaced. In many rural areas it is simply not practical to bring in a truck to pump out your tank. Tankers must be barged over to isolated islands at great expense, and some areas are simply inaccessible for these large unwieldy vehicles. In these cases, it is not uncommon for the landowner to take matters into his own hands and simply pump out the filthy contents of his tank on some remote area of his property. So why go to the enormous expense of installing a septic system in the first place?  

There are other problems as well. A septic field is not a closed system and there cannot help but be some contamination of ground water. When a number of these fields are located in a crowded subdivision, wells and drinking water will be dangerously contaminated-- as happened on Mayne Island a few years ago. Plus these systems are vulnerable to physical damage. Grease, chemicals, diapers, coffee grounds, paper, plastics tampons, indeed, anything other than human waste, will clog and eventually destroy your septic field. Care must be taken not to compact the soil and pipes by forgetting their location and driving over them. And be careful not to get too intimate with your tank during inspection and cleanout. Every year there are always a few poor souls who pass out and expire, asphyxiated by the delicate fumes of their own waste. 

Yes, I know. The great appeal of septic fields is that they encourage the comforting yet antiquated flush toilet. A quick jerk of the chain and all those embarrassing sights and smells vanish magically into the void forever. Such squeamishness may be regarded as criminal in the near future. So what are the alternatives? 

Shyte Alternatives

If Septic Tanks have their failings, what are the alternatives? 

No Toilet

When the urge strikes in the big outdoors and no “rest room” is available, look for a well-drained site with diggable soil, 150’ from the nearest lake or stream.  The most powerful soil enzymes are in the top 8”, so dig a hole to that depth and cover.  Use as little toilet paper as possible.  Even better, crap into a plastic bag and pack it out.  Of course, all toiletries like diapers, tampons, sanitary napkins and condoms should also be taken home and disposed of properly.   

Outhouse 

This time honored method works fine over the short term when the density of people is low.  Outhouses though, leach their contents into watersheds over time as the waste is not sealed in a watertight container.  In some parts of the undeveloped world it is not uncommon to see a drinking well and outhouse within a few feet of each other.  This is obviously a recipe for disaster.  But, an outhouse is better than nothing, so if you must use this method look for a well drained site at least 150’ from the nearest watershed. 

Composting Toilets 

In isolated inaccessible rural areas the most sensible and safest method for disposing of human wastes is composting. 

Composting Toilet

In isolated inaccessible rural areas the most sensible and safest method for disposing of human wastes is composting. If you are short on time and long on money, a reliable commercial composting toilet can be purchased or constructed. Look online for factory made units and plans. The rudiments of rot allow for two methods of composting. Anaerobic (without oxygen) compost occurs when turds are all piled up on each other with no added organic material. This is what happens in the traditional outhouse. Here the process moves slowly and often incompletely. Foul smelling compounds like hydrogen sulfide are released and little heat is generated to kill pathogens. Aerobic composting (with oxygen) works quite differently. Handfuls of organic material sawdust, grass clippings, peat, straw or leaves are added each day after use. Periodically the contents are mixed by hand or motor for several weeks. The process takes place quite quickly and few smells and a lot of heat are generated. To add piss or not to add piss is an interesting question. Urine mixed with caca will present special problems, but it can be impossible to completely separate it.   Piss is very high in nitrogen and can smother the composting process, so much additional organic matter will have to be added for successful composting if large quantities are being added to the mix. As urine is close to sterile when fresh, some simply collect it and store separately. It makes an excellent fast acting garden fertilizer when diluted 3 to 1 with water.  

A Homemade Composting Toilet

A homemade shyte composter can be easily assembled from simple materials. The container must be waterproof and leak free. It should also be kid and animal proof. A 4 to 45 gallon steel drum works nicely. (see diagram my book pg. 12) Or consider a 4’X4’X4’ wooden box lined with plastic with enough overlap to keep out the rain. This is also a good size to maximize heat retention. Top with a piece of plywood and add sawdust after each use. (see diagram my book pg. 14) It should take two people about 8 years to fill. Temperature is critical for successful composting. Organic materials do not begin to break down until the temperature reaches 18C, ands things slow down during the winter months. Paint the box black and leave it in the sun--- or even add a heating coil if you want it to process quickly. If the pile is too wet or too dry composting will be delayed. Below 40% moisture stops the process all-together, while above 70% causes the anaerobic process to take over. Somewhere in between leaves the pile damp but not sopping. 

How to Use your Composting Toilet

Remember you can never add too much sawdust, straw or leaves to your toilet and to your composter. Microorganisms need carbon for energy and growth. They also utilize a small amount of nitrogen. Thirty parts carbon to one part nitrogen is optimum for composting. Less than 20 to one and the pile starts to stink.   The Ph will be slightly acidic so add a dash of lime or ashes now and again. For speedy action the pile should be thoroughly mixed every month for the first 6 months and then every 3 months. This feeds oxygen, nitrogen and carbon to the bacteria that are doing all the work. Keep your shyte stirring tools separate from regular gardening implements. 

How long before your compost is safe to handle? Much depends on temperature. If you keep it above 18C you should have beautiful compost in 6 to 8 months. If your composter is outside and unheated, the time will be a good deal longer. Always err on the side of caution! Anyone with a serious infection like Hepatitis B, Giardia, or Cryptosporidium should be prepared to compost for several years. Never use your compost directly on food that will be eaten directly from the garden. Use instead on fruit trees and ornamentals.

But here’s a thought. When your composter fills up, simply abandon it and build another. The main thing is to keep fecal matter dry and isolated until it is thoroughly composted and safe. If you don’t feel comfortable or have the time to put extra energy into such things as turning the pile, and obsessing on temperature and moisture you really do not have to. Just mix your movement with sawdust in a watertight container and forget it. It will take longer to work out, but 15 years down the road when the box rots or rusts away it will be no danger to anyone. And using this homemade fertilizer in the orchard is not really necessary either, although it makes one feel a part of the great cycle of life and closer to the planet.

Greywater

Everyone living in a rural area should have a working greywater system. Most do not, and many others do not even know what it is. For the record, greywater is all household waste water except sewage/toilet water (better known as black water). It includes water from laundry, dishes and the bath. Because of dangerous fecal contamination, it would not include diaper rinse, or water used in cleaning animal stables, or bath water from someone with a communicable disease. But the line is a fine one. Greywater will usually contain some level of black materials like dead skin, food particles hair saliva, grease, detergents, crap residue , bacteria and chemicals. The question is how much is too much?

Because of the possible dangers, most municipalities do not distinguish between black and grey water. All household wastewater is considered black and must be disposed of in a sewer pipe, septic field or collecting depot. In areas with septic fields only, this puts a tremendous strain on the system. Our wastewater authorities are encouraging the use of septic fields to dispose of greywater, but owners should realize that the life of their field can be greatly prolonged by reducing water input. As an alternative, a simple system can be set up for home use cheaply and easily. Here area few suggestions. 

• Greywater systems do not work well in crowded areas. If you have only a quarter acre and are surrounded by other homes some other alternative may have to be found. 
   
• Greywater is best absorbed and neutralized by living plants. Soil organisms break down organic materials into water soluble plant nutrients. Plant roots take up these nutrients and much of the water as well. The pure water left over seeps down to replenish the aquifer.   As a sensible precaution do not use greywater directly on anything you will eat later like radishes, carrots, potatoes and lettuce. Instead place your outflow in orchards, pasture, and on ornamentals. Lawn watering is acceptable but beware of possible contamination for animals and children. If you prefer a self regulating system, site your outflow on a well drained part of your property well away from streams and neighbors. Dig out a 6’X6” hole and fill with sand to filter and increase absorption. 
   
• Filter and strain all greywater to remove the larger particles of food, grease, etc.—compost or feed this to your chickens. Set up a steel drum or wooden box with different layers of materials for additional filtering (see diagram my book pg. 20). Sawdust or woodchips is best for your first layer. Direct the outflow into your leach field—an upside down flower pot with the pipe stuck in the top makes for splash free dispersal.   Dilute with 50% freshwater for best results although this is not always necessary. On well drained sandy soil figure about a half gallon of greywater per week for every square foot of soil—less for hardpan. Keep an eye on things to see how the plants respond.
   
• Your ideal system might include a pit lined with plastic and filled with topsoil. Greywater would feed the trees and ornamentals in the pit without leakage into surrounding soil. If you want to get fancy bury some perforated plastic pipe to disperse the filtered water like a septic field. (see my diagrams pg 22 &23) 
   
• Keep greywater in pipes or underground as much as possible. Do not spray on plants or hard surfaces as this defuses the water into microscopic droplets, which could spread contaminants. Do not store for more that a day or two or allow to puddle. A thick mulch of hay, wood chips or even cardboard speeds decomposition and provides protection for youngsters and pets.
   
• Avoid bleach, fabric softeners, boron, phosphates, ammonia, chemical cleaners, and hot water, as these will damage plants.

I dyde shyte on Lasqueti

So what are we to make of this story of caca, piss and dishwater? It is unfortunate that the authorities are clinging to old 19^th century technologies in dealing with human waste problems today. Septic fields and sewer pipes certainly had their place at one time, but the many shortcomings of these systems dictate the need for a whole new approach. And consider the wastage of all that good humanure for fertilizer in a world of rapidly increasing hunger. Increasing populations and the shortage of fresh water will eventually force major changes in how this problem is handled. The writing is on the wall. It is a great pity that government and the private sector are not aggressively encouraging alternative technologies, especially in Canada’s Gulf Islands, where public treatment and cleanout facilities are sparse or nonexistent, except on the larger ones. After all, people have to dump their personal wastes and wash water somewhere. 

As Aesop candidly observed way back in ancient Greece

“I dyde shyte tre grete toordes.”

(Fables of Aesop, Caxton Translation, Vol. 15, 1484).

Hopefully this little essay will spark some discussion about these much neglected, yet critically important subjects.

Suggested Reading

The Humanure Handbook: A Guide to Composting Human Manure by Joseph C. Jenkins, 2005: Chelsea Green Publishing, PO Box 607, Grove City, PA.16127.

April 2009

This week's article from Linda Gilkeson's email list is about hardening off seedlings. You can get on this list by emailing Linda at info [at] lindagilkeson [dot] ca. She lives on Salt Spring, so her tips are directly useful for us. You can read all her past articles at the link she cites below.

Quoting Linda:
How you harden off tender seedlings can have a long term effect on the   crop. Hardening off is the process of reducing the growth rate of seedlings by exposing them to cooler conditions and less water and fertilizer. As their growth is checked, plants accumulate food reserves, which they can use to produce new roots faster when they are transplanted. Hardening off also thickens the cuticle and wax layers on leaves, which helps plants to withstand wind and weather and protects leaves from sunburn.

Some plants can be hardened off to withstand frost, including the cabbage family, lettuce, most greens and onions. If transplants plants are too large, however, exposure to temperatures under 5-10oC for more than a couple of weeks can make some of them send up seedstalks.

The tricky thing is that there is a disadvantage to over-hardening plants. Such plant are slow to begin growth and may never really recover, resulting in lower yields and later maturing crops. Transplants suffering from uneven watering, from being rootbound or chilled become over-hardened. Plants for sale have usually been hardened off by the time they reach the market so they become over-hardened if they hang around too long before they are set out. [Find out when your local nursery brings in new stock, buy your transplants the day they arrive and plant them out immediately or else pot them on]. Home grown seedlings that were started too early suffer the same fate if they end up being held too long in small pots.

Hardening off is least helpful for tender plants, such as tomatoes,   peppers, cucumber, melons, squash, and celery. Ideally, you want to time the seeding date for these so that transplants reach the right size to go into the garden just as the weather becomes warm and stable (good luck with that!). Such tender plants are better off being started later rather than earlier so they don’t experience a check in their growth. In any case, if seedlings are becoming rootbound and the weather still isn’t warm enough to put them out, they should be potted in larger containers and kept in.

Hardening off for tender crops mainly means getting them used to direct sunshine. Tender plants that have been started under glass can be seriously damaged or even die from sunburn if suddenly moved outdoors (really!). Sunburn damage on cucumbers and squash (the most susceptible group) appears as light tan spots and blotches on leaves and stems.

What to do: Gently harden off transplants you have grown by gradually   exposing them to direct sun and outdoor conditions. Starting with an hour or so the first day, set them out for a longer period each day, taking about a week to get them used to a whole day outdoors. Move them indoors if nights are cooler than normal. Once they are set out, keep sheets of plastic, floating row cover, cloches or other covers handy to protect transplants from an late cool spell.

May 2009

WHAT TO PLANT THIS MONTH: It's not too late to plant leeks, for harvest through the winter and into next May.  Parsley planted now will last over the winter in the garden, barring three weeks under heavy snow (and even then it did come back from the roots)  And it's not too late to start celeriac indoors, for transplanting into the garden when it's truly warm later in the month. It will last through next April. 

First week of July

 This week: last chance to plant beets, carrots, and rutabagas for late fall/winter harvest. If it's hot, a cover of burlap or newspaper will help keep the seedbed moist until the seeds sprout (Remove this as soon as they have sprouted).

This is also the time to plant seeds for overwintered cauliflower, to be harvested next spring. If you didn't get seeds for this crop this year, make a mental note to get them when you order seeds next winter. It's the sweetest cauliflower you will ever taste, and great to have at that time of year.

Look for and prepare a place where you will be able to sow hardy greens in a couple of weeks-- chard, kale, arugula, spinach, Chinese cabbage and other Asian greens.

Early August

 The arrival of August shift us into the next phase of planting for winter eating. August 1st is the halfway point between Summer Solstice and Fall Equinox-- Lammas, in the Celtic and old British calendars, a harvest festival in which bread baked from the first wheat harvest of the year was blessed. Bread blessings sound good to me! The shortening of the days means that seed can be sown for overwintered onions (Onions are sensitive to day-length and might bolt to seed too early if planted sooner). Walla Walla is the main variety grown in this area-- a large, delicious onion that will be ready for harvest around July 1st next year (OK, it's not exactly winter eating, but it does fill the gap left by the last of the stored onions, before next year's crop will be ready). Seed a few rows in any spot in the garden, cover with a little protection against the worst winter weather, then transplant next spring into that year's onion area.

You can sow all the Asian greens now for fall harvest, plus fall and winter lettuces, arugula, kale, winter radishes, spinach, scallions and corn salad. Corn salad, also known as mache ("mosh"), is especially hardy, and works well as a cover crop as other things get harvested.

Tips for seedling survival in hot weather: If your soil dries especially quickly, so that daily watering is not enough to germinate seeds, try covering the seeded area with cloth or a couple of layers of newspaper. Check each day and remove as soon as the seeds have sprouted. After this, to shelter the babies from too much sun, I've been using upturned bedding plant trays, those lattice-work black or grey plastic trays that a dozen or so small pots come in from nurseries. They let in about 50% of the light. They turn up at the Free Store, or maybe a neighbour has a few spares, if you don't have any. Shade cloth would work, too.

Early September-October

 The best time to plant for fall and winter eating may have just passed, but if you haven't been able to do it yet I'd suggest going out there right now and sowing some lettuce, arugula, spinach and corn salad, especially if you have room in the greenhouse or a cold frame or any other place you could shelter after the weather turns. It is probably not too late to plant cilantro, which is surprisingly hardy-- one Lasqueti gardener had hers survive outside last winter, with no protection, through all that snow and cold. If you can get transplants from a neighbour, or find plants for kale, Asian greens, or lettuce at a nursery, that would put you a couple of weeks ahead of direct seeding. 

Through early October you can sow lettuce, spinach, arugula, and Asian greens, under a cold frame or in a greenhouse, that will germinate and stay small through the winter and begin to grow quickly when the days lengthen in February, giving you salads in the early spring, before you need the greenhouse for tomatoes etc.      Whatever you do, be sure to get cover crops on the bare patches in the garden as they appear after harvest. If you are able to do only one thing for your next year's garden, this is the best.      Make a note of the fall and winter crops you wish you'd gotten seed for this year, for next year's seed ordering. The whole schedule of what to plant when is on the main page of the Zero Mile Diet site. 

Lasqueti past forest conditions: 1875 survey

This series of articles were published for the general public to increase knowledge of historical forest conditions, with emphasis on Lasqueti Island (Xwe?etay/Xwe”i”tay). Most of it will also apply to the whole CDF and parts of the dryer CWH areas. The forest conditions do not only mean trees; grasses and openness were also part of the landscape condition.

As I get more information, I continue to reassess my historical forest conditions knowledge and learn. I made a spreadsheet of Carey’s 1875 legal survey information from which to do some analysis. Here are some draft results. This should allow us to understand forest conditions in 1875. Any mistakes are my fault in either the spreadsheet or my analysis. I used survey page numbers within the spreadsheet to make it easier to check; I have already found some mistakes in my fist draft. I found it hard to accurately transcribe old notes, both onto a spreadsheet and even to Carey’s closing remarks. My spreadsheet is available to anyone for use and I would appreciate any corrections if found.

... Please see the attached PDF for the complete report ...

Logging History

Logging history of Lasqueti (Xwe?etay/Xwe”i”tay)

While doing my research on pre-settlement CDF forests, I picked up a lot of additional information about historical logging and logging on Lasqueti. Much of the logging history of Lasqueti needs to be interpreted from other areas, because I have found little direct information.

This report documents:

• First Nation use

• Rat Portage Timber lease

• Machinery used by Rat Potage/Hillis Logging

• General Logging history

• Johnny Osland and local oral history

• Other patterns from logging

• Summary of logging on the Unceded lands/Crown Lands

And covers periods:

• pre-1920
• 1920 - 1940's
• 1947 - late 1960's
• 1976 - present

... Please see attached PDF for complete report ...

Pre-settlement Wildfire information

I write this to get us all thinking about our goals/visions and options (how to achieve our goals) about our forests. For more than ten years I have been studying “What were our CDF pre-settlement forests like?” off the side of my desk. I’ll start with a hypothesis: Lasqueti forests were more open (less dense), multiple aged and diameters, less brush, created by active management with fire, experienced/used to frequent ground fires, often with small patch to larger prairie areas of forbs/forage and of coarse stands of nice old-growth trees. The northern Coast Salish frequently burned Lasqueti (Xwe?etay/Xwe”i”tay) to increase both wanted plant & fauna habitat for their food needs on the island. I believe such a forest (pre-contact) can be burned relatively safely (without crowning out and killing all/most of the trees) and would be at a lower wildfire risk than what we have today.

If this hypothesis is correct, then our present forest is quite different; much denser, lots of fuel, filled with fire ladders, and too many crowns touching one another; in other words, just waiting for a major stand replacing fire to happen. Like what has been occurring up & down the west coast. The fire return was from about 6 to 45 years, which increases our wildfire risk with each additional decade without a fire. We need a to thin out the forest and possibly re-introduce fire by controlled burns, to protect our forests. This presentation is the first (part 1) about the pre-settlement CDF forest and is mostly about the time between wildfires and the mix of what old-growth was like on the island from my research.

... Please see attached PDF for full report ...

Regional districts: representative democracy

How are regional districts supposed to function, and what is the role of regional directors?

Regional districts, municipalities and the Islands Trust were created by the provincial government, and exist mainly under the Local Government Act and the Community Charter.

The provincial “Primer on Regional Districts in British Columbia” (https://www.regionaldistrict.com/media/28095/Primer_on_Regional_Districts_in_BC.pdf) explains some of the fundamental principles that underlie regional districts, including:

• “Regional districts are federations of municipalities and electoral areas. As such, they represent a balancing of two contending needs for accountability – accountability to the municipal members and accountability to the public.”
• “representation for electoral areas comes from directly elected directors”
• “Accountability to citizens is achieved at the general local government elections but also through on-going opportunities for the public to be involved.”
• “the board is a forum for inter-municipal cooperation and not a separate government”
• “Regional districts are for the most part voluntary organizations .... they only provide the services that their members or their residents agree they should provide.”
• “Regional districts are for the most part consensual organizations ... they only do what their municipal members and the public agree they should do.”
• “extensive procedures are set out in the Local Government Act for obtaining consent of the member municipalities and, in the case of rural areas, elector assent, whether in the form of referendum, petitions or counter-petition”
• “Each regional district provides services appropriate to its circumstances.”
• “regional districts require a close matching between the benefits and costs of services. The intent is that residents ‘pay for what they get’”.

Regional districts are a form of “representative democracy” founded on the principle of elected officials representing a group of people (as are most Western-style democracies).

In a representative democracy, the people vote for representatives, who then vote on policy initiatives. The foundation of representation is that the elected representative identifies the will of the majority of their constituents. If the desires of the community differ from their own personal view, they ought to put aside their own interests to advance those of the community as a whole (i.e. listening more than telling).

In our case, we elect a representative to sit as a director on the PRRD board. As our representative, for any major issue, he/she is supposed to identify and advance (i.e. represent) the will of the people.

I would be interested to hear other perspectives - please feel free to comment below.

Regional districts: who is represented?

Regional districts: how are new services established?

Lasqueti receives a number of regional services via PRRD, including the fire department, solid waste management, barge ramp, library, regional parks, etc.

How are regional services established?

Recall from the provincial “Primer on Regional Districts in British Columbia” _{(https://www.regionaldistrict.com/media/28095/Primer_on_Regional_District...)} that regional districts are for the most part voluntary and consensual organizations.  Regional districts are designed to only provide the services that their residents agree they should provide.

The Local Government Act codifies these principles in law in Part 10 (Regional Districts: Service Structure and Establishing Bylaws), Division 4 (Approval of Establishing Bylaws).

In general, new services must be “approved” by Lasqueti in one of four ways (section 342):

1. A referendum with at least 50% of the votes in favour (section 344: approval by assent of the electors).
2. A “counter-petition” with no more than 10% of the electors against (section 345 and Community Charter section 86). This “alternative approval process” can only be done for certain types of services.
3. A petition signed by owners of at least 50% of the parcels and at least 50% of the land value (section 337). This also requires consent in writing by the regional director or a 2/3 vote by the Board.
4. Consent by the regional director on behalf of the electoral area in writing (section 347) for certain services, provided the service does not require borrowing.

The North Island 911 dispatch system would require two new regional services for Lasqueti: house numbering and 911 emergency telephone service.  As these services already exist for other areas in the PRRD, the PRRD tried to establish these on Lasqueti by amending the establishing bylaws (section 350) and passing the first 3 readings of the amendments at the Dec 17, 2014 Board meeting. This means the PRRD Board has approved them in-principle and adoption now hinges only on a single vote by the Board for final reading.

Approval from Lasqueti was done by “consent on behalf of Lasqueti” by our regional director, Merrick, without any prior community consultation. This consent may have followed the letter of the law, but did not follow the foundational principle that regional districts are supposed to only provide the services that the community agrees they should provide (i.e. consensual and voluntary).

What should have happened in a well-functioning, representative democracy? Consent from our regional director should only have been granted following meaningful community consultation of the new "proposed services", and after he received a clear mandate from the community to request the new services. Given that the Lasqueti community has so overwhelmingly objected to the new services, the consent granted by our regional director should not have occurred.

Regional districts: service withdrawl

Regional District service withdrawal can only be initiated by regional director.

The Lasqueti Island Volunteer Fire Department operates as a “regional service.”
During the past couple of years, PRRD representatives and staff have made multiple statements that the PRRD may take away this regional service.
For example:

• “if by the end of 2018 we are unable to show significant forward movement then I will likely recommend the board consider rescinding this service bylaw. ... I would argue that 9-1-1 service is a valuable service even if you don’t have a local fire/FR service...” _{(PRRD staff Thoms, Nov 2016)}
• "We'll either do it properly or not at all" _{(PRRD Chair Brabazon, July 2017, Powell River Peak)}
• “I think it would not be advisable for Lasqueti to stubbornly insist on Option C if it means rejecting RD support for our Emergency Services.” _{(Merrick, July 2017)}
• “...we are in real danger of losing the service if we carry on dithering about dispatch while all else sits in limbo.“ _{(Merrick, Nov 2016)}

The Local Government Act lays out the process by which a regional service may be “withdrawn” in Part 10 (Regional Districts: Service Structure and Establishing Bylaws), Division 6 (Dispute Resolution in Relation to Services), sections 361-372. The basic steps include:

1. To initiate service withdrawal, a participant must give written notice to the Board, to all other participants in the service, and to the Minister.
2. If there has not been a “service review” in the past 3 years, then a service review must first be done.
3. The Minister must either require a service review, further negotiations, mediation or arbitration.

Key points, according to my understanding:

(a)  The PRRD cannot start the process to withdraw our fire department service unless the Lasqueti regional director makes the request (as the “participant” representative).

(b)  The service withdrawal process is overseen by the Ministry.  Given that the majority of residents want to keep the regional fire department service -- according to the 2015 PRRD survey (> 90% of responses) -- it seems unlikely that the Minister would take a favourable view if the Lasqueti director were to initiate this process against the wishes of the community.

This is consistent with the consensual and voluntary nature of how regional districts are supposed to provide regional services.

This leaves a question: would our current PRRD director, and any future PRRD directors, publicly commit to NOT initiating a withdrawal of our fire department service without majority community support?  If so, withdrawal of our regional fire department service cannot happen.

Regional districts: a 9-1-1 service cannot be withdrawn

The previous note described how only the regional director, following the will of the people he/she is supposed to represent, can initiate a withdrawal from a regional service (not the PRRD Board or staff).

There are, however, some services from which service withdrawal is impossible.

The “Regional District Service Withdrawal Regulation 398/2000” exempts 4 services from withdrawal:

1. an emergency telephone system, including an emergency 911 system;
2. a transit service;
3. a regional parks service; and
4. solid waste and recycling regulation, storage and management.

This means that, if the PRRD imposes a 911 service on Lasqueti, against the wishes of the majority of the community, then it would be impossible to withdraw from that service, even if we later found that our locally-designed solutions would work better.

When I brought the “No Withdrawal” regulation to the attention of the PRRD staff, the response from the CAO included:
“Creatively thinking, I suppose there is one way out of the 911 service.  That would be to dissolve the fire department.  With no fire department it could be logically reasoned that there is no need for a 911 service.” _{(PRRD CAO Radke, March 2015)}.
An alternative staff perspective was “I would argue that 9-1-1 service is a valuable service even if you don’t have a local fire/FR service” _{(PRRD staff Thoms, Nov 2016)}.

These responses do not seem very logical given that the majority of residents and landowners want to keep our regional fire department service (> 90% of responses in the 2015 PRRD survey).

The inability to withdraw from 911 is part of the rationale in the E-DAC recommendation for a 5-year review after implementing the locally-developed and supported Option C dispatch system.

If, after 5 years, the community, fire department and PRRD agree that the system should transition to a 911 system, then that would be possible. Conversely, if 911 is imposed on the community, and after 5 years, we realize that our Option C would have been better, tough luck.

The Option C dispatch system was developed with effort to consult with the community and fire department, as well as to meet the requirements, in order to best meet the interests of all stakeholders. Regional districts are supposed to provide the services that the community wants. Regional districts are not supposed to force services upon communities, especially a service subject to the “No Withdrawal” regulation.

Regional districts: enlightened self-interest

Whose interests are regional directors supposed to represent?

The Union of BC Municipalities (UBCM) and the BC Ministry of Community Services “Regional District Tool Kit” includes a comprehensive set of fact sheets and guides.

Discussion Guide 1 (Regional / Local Interests) addresses the question “Whose interests should directors promote at the board table?”

Some relevant quotes (described in the tool kit as the principle of “enlightened self-interest”):

• “Underlying the regional district model is the principle of self-interest, which maintains that a jurisdiction’s decision to participate in services that are provided through the regional district should be based on the jurisdiction’s own interest.”
   
• “In all, there will be many instances when a jurisdiction’s own, local interest is furthered by the willingness of its regional board representatives to compromise and collaborate with others to pursue regional initiatives. In these instances, however, local interests are not being compromised for the benefit of the broader regional community.”
   
• “The true test comes when a jurisdiction’s interest, as understood by its director(s), is not furthered by initiatives that are deemed by others to benefit the region as a whole. In these cases, whose interests should the director promote? The principle of self-interest, as described here, appears to suggest that the director should act on the interests of his or her own jurisdiction.”

My understanding is that our regional director is supposed to promote the interests of our jurisdiction (Lasqueti), while also aiming to cooperate to meet regional goals. This “enlightened self-interest” is consistent with the consensual and voluntary nature of regional districts as representative democracies.

Contrary to the UBCM/provincial principles, some within the PRRD seem to believe that a regional director should prioritize regional interests over local interests, as indicated by two agenda items on a recent PRRD agenda (Aug 17, 2017):

1. “Which hat am I wearing now” by E. Mina was written for local vs. national interests.  The original article was modified by someone in the PRRD to change “global” to “regional”. I checked with the author and verified that references to bylaws and legislation requirements weren't applicable to regional districts.
2. “Supporting the Board Decision” by G. Cuff was written for municipal councils.

These two items suggest that global/council interests should take precedence over local interests. However, neither are fully applicable to regional districts because regional districts are not a separate level of government (they are federations of municipalities and electoral areas). The role of regional director is different from an MP, MLA and municipal councilor.

This distinction is crucial when there is a conflict between local and regional interests. Enlightened self-interest indicates that the Lasqueti regional director should give precedence to Lasqueti interests, with consideration for regional interests, and not prioritize regional interests over Lasqueti interests.

Regional districts: individuals are immune from legal action in their duties

Simply put: PRRD regional directors, employees, officers and volunteers are protected from legal actions related to their duties.

The Local Government Act lays this out in Part 18 (Legal Proceedings in Relation to Local Governments and Other Authorities), Division 2 (Immunities and Indemnities).

Section 738 (Immunity for individual local public officers) defines “local public officers” to include regional board directors, officers and employees of the regional district, volunteer firefighters, volunteers under the supervision of an officer or employee of the regional district, and regional district committees.

Section 738 states that no action for damages may be made against a local public officer or former local public officer related to their duties in their role as a local public officer, except if they have acted with dishonesty, gross negligence, malicious or wilful misconduct, or defamation (libel or slander).

This legislation directly contradicts the message recently conveyed by our regional director.

In the Sept 13, 2017 Lasqueti email list, Director Anderson wrote “NI911 will offer Lasquetians and the Board of the Powell River Regional District protection in the case of litigation. Who are the volunteers that are willing to put their personal lives at risk should an error occur?”

In fact, the implication that individual Lasquetians and PRRD Board members may be held personally liable if NI911 is not implemented is simply not true.

Regardless of which dispatch system is used, Section 738 of the Local Government Act guarantees that our volunteer Fire Chief, firefighters, dispatchers and First Responders can rest assured that they are not taking on personal liability risk by volunteering for the department. Same for everyone else involved in our recent interactions with the PRRD (e.g. volunteers on advisory committees, regional board members, and PRRD staff).

LIVFD volunteers fulfilling their duties, using the tools and resources provided, are PROTECTED and IMMUNE from legal action related to their duties. Plain and simple.

Regional districts: policy decisions are protected from liability

Regional districts: operational decisions are not protected from liability

Disclaimer: The following is intended for educational purposes, and not as legal advice.

Policy decisions are immune from liability, but operational decisions are not.

To understand how this applies to regional services, it is important to understand the legal distinction between policy decisions and operational decisions. “The dividing line between ‘policy’ and ‘operation’ is difficult to fix, yet it is essential that it be done” (Just v. British Columbia).

Generally, operational decisions relate to “the practical implementation of the formulated policies, it mainly covers the performance or carrying out of a policy” (Brown v. British Columbia). That is, policy decisions relate to the course of action chosen (i.e. policy direction), while operational decisions relate to how that course of action is carried out.

Some examples from court judgements may help clarify:

• A system of lighthouse inspection is policy (including frequency of inspections or even no inspections); performing a specific inspection of a lighthouse is operational.
• A system of ice removal from roads is policy (including choosing to implement a summer schedule in November); removing ice on a specific section of road is operational.
• A system to identify and remove hazardous trees along roadsides is policy (even if it is unwritten, inspection is done by a civil servant who is not an arborist, and only a fraction of the identified trees are removed); carrying out the identification and removal of hazardous trees is operational (given the budget and resources allocated).
• A system of danger rock removal from highways is policy (including decisions to postpone treatment); treatment of highway sections with falling rock danger is operational.
• A system to respond to fires is policy (including dispatch, use of maps, and use of professional and volunteer firefighters); following that system in response to a specific fire is operational.

To minimize liability risk, operational decisions must be reasonable. “Where, ultimately, the contested decision is operational, the standard tort analysis applies, and the requisite standard of care is one of reasonableness” (Gobin v. British Columbia).

My understanding of how this applies to dispatch Option C: Policy decisions include choosing to use a call centre, and the choice of procedures for (i) the call centre to handle calls, (ii) volunteer dispatchers to follow in response to calls, (iii) use of the locally-developed mapping tool to locate incidents, and (iv) use of locally-implemented VHF repeaters. Operational decisions relate to how those items are carried out. The most important actions to limit liability risk would be following the procedures established, within the limits of the policy decisions and resources allocated.

The PRRD can set any reasonable policy without liability risk because policy decisions are protected from liability (http://lasqueti.ca/democracy-corner/liability-protections). Our volunteer dispatchers, fire fighters, and first responders are also immune from liability when conducting their operational duties (http://lasqueti.ca/democracy-corner/legal-immunity). One of the call centres we have checked out handles emergency calls for other communities in BC. Procedures can be established to ensure that the policies can be operationally carried out. Based on my understanding, the Option C dispatch system simply does not create a significant liability risk.

qathet Regional District: A case study of democratic process at the qRD

How Well did E-DAC Serve our Fire Dep't and Community?

In the Sept. 2018 issue of Our Isle and Times, Merrick asked “people to reflect on how well the EDAC committee served our beleaguered dispatchers and our Fire Department.” This is a good and relevant question and, as the former chair of the Emergency Dispatch Advisory Committee (E-DAC), I thought that it would be useful to provide some background facts and current status.

• E-DAC was created by the qathet Regional District (qRD) in early 2016 to explore, evaluate and recommend solutions for the dispatch system used by the Lasqueti Island Volunteer Fire Department (LIVFD).
• There were 9 members: 5 were members of the LIVFD (including the Fire Chief and head dispatcher), and 2 were former Fire Chiefs.
• E-DAC met 18 times over 10 months, held two public forums, researched options, and contributed hundreds of hours of volunteer effort.
• The qRD provided no budget for E-DAC, and the approx. $1,000 expenses for travel and product evaluation were covered by donations.
• E-DAC identified the values and interests of the community (from public forums), the LIVFD (from a dep’t meeting) and qRD (from their terms for the committee).
• E-DAC spent considerable effort to design local solutions that balanced the interests of the community, LIVFD and qRD. The E-DAC evaluated and compared the current system, the North Island 9-1-1 system and 3 locally designed solutions.
• At the well-attended 2nd public forum, the participants were in unanimous support for a local solution (Option C). At a meeting, LIVFD dispatchers agreed unanimously to support this option. E-DAC subsequently voted unanimously to recommend Option C.
• E-DAC delivered a comprehensive 300+ page report in Dec. 2016 that met the terms set by the qRD (see http://www.e-dac.ca).

The E-DAC final report included 4 recommendations to the Regional Board:

1. To support LIVFD implementing the locally-designed Option C.
2. To support LIVFD creating a fire dep’t support committee to allow members of the public to help the LIVFD Fire Chief and dep’t members.
3. To support LIVFD completing and deploying the Incident and Resource Locator Tool, which had such strong support that E-DAC voted unanimously that this tool should be adopted with any dispatch system.
4. To lobby Telus to ensure reliable telephone service.

The Fire Chief has initiated the fire dep’t support committee. So far, it has helped with some reporting and the picnic, and it will evolve as more people volunteer to help.

Further GPS data collection is being planned to advance the mapping tool, which was considered to be critical to the Lasqueti dispatch system by the expert hired by qRD to do an operational review of Option C.

After receiving the E-DAC report in Dec. 2016, the qRD Board has taken the following actions: A legal opinion. Then an operational review (that did not include a site visit to Lasqueti). Then a 2nd legal opinion (to which I was invited, but denied after I travelled to Powell River). Then a 2nd operational review by the same expert (including a site visit to Lasqueti), which resulted in a positive report on Option C. Then a 3rd legal opinion in Dec 2017.

Since Dec. 2017, there has been absolute silence on this issue from the qRD.

The E-DAC completed its term and report in Dec. 2016. The qRD has had the E-DAC report and recommendations for all of 2017 and 2018.

In my view, the members on the E-DAC provided a commendable and honourable service to our dispatchers and our Fire Department, and to the Lasqueti community as a whole, while respecting and trying to work cooperatively with the qRD. We followed an open, consultative and respectful process that treated the community, LIVFD and qRD as partners to seek solutions that best met all interests. The E-DAC demonstrated how our community can unite if a good process is followed.