The court case concerned whether Silva Bay could continue using the existing off-site well under the zoning rules that are already in place. The Court concluded that Silva Bay had not established that right.
But that does not mean the existing zoning can never change.
Silva Bay is now seeking a zoning solution that would expressly permit the off-site well to supply the Silva Bay waterfront development, subject to appropriate limits, monitoring and environmental safeguards.
Rather than continuing to debate only what historical zoning permits, the community and Islands Trust can consider directly whether a carefully regulated use of the existing well should be allowed today.
THE CHANGE
Today vs. Proposed
Today
Proposed
The requested zoning change is specific to the water-supply function — not a wholesale rezoning of the well property for commercial development.
What Would the Zoning Change Do?
The off-site well is located on a parcel that is presently zoned residential. Under the existing zoning, the well cannot presently be used to supply the separate commercial waterfront property unless Silva Bay can establish some other legal entitlement to do so.
The proposed zoning change would address that problem directly. It would permit the well parcel to serve the Silva Bay waterfront development for a defined water-supply purpose, rather than leaving that use dependent on the historical lawful non-conforming use argument that is now before the Court of Appeal.
The objective is not to open the property to unrestricted commercial development. It is to address the specific land-use issue that has prevented the longstanding well from continuing to serve the Silva Bay waterfront.
THE SAFEGUARDS
A Defined and Regulated Water Use
Measured
Quantity withdrawn can be metered.
Limited
Maximum withdrawal rates or volumes.
Monitored
Well levels and performance tracked.
Stored
40,000-gallon cistern reduces peak demand.
Responsive
Action required if thresholds are reached.
The precise safeguards should be informed by professional groundwater evidence and the applicable regulatory process. The principle is simple: permit the amount of water that the evidence demonstrates can responsibly be used, and regulate that use accordingly.
What the Rezoning Would / Would Not Do
The rezoning would
- ✓ Expressly authorize the existing well to serve Silva Bay
- ✓ Allow defined water-use limits
- ✓ Permit monitoring and safeguards
- ✓ Provide a clear legal framework
The rezoning would not
- ✕ Authorize unlimited groundwater extraction
- ✕ Remove provincial groundwater regulation
- ✕ Eliminate environmental oversight
- ✕ Authorize an unrelated large-scale development
Why Pursue Rezoning While the Appeal Continues?
Silva Bay continues to believe that the historical use of the well was legally protected, and we are pursuing that position in the Court of Appeal.
But an appeal addresses the past: what rights arose under historical use and existing legislation? Rezoning addresses the future: what should be permitted now? Those processes can proceed at the same time.
If a workable zoning solution can be reached, Silva Bay does not need to rely exclusively on litigation to determine whether the redevelopment can move forward. We believe that is preferable for everyone — it allows Islands Trust, Silva Bay and the Gabriola community to focus on the actual proposal, the actual water requirements and the safeguards that can be put in place today.
PROCESS
Rezoning Is a Public Process
Professional evidence
→
Rezoning application
→
Public & community input
→
Islands Trust review
→
Conditions / safeguards
→
Decision
A rezoning process is not simply a private discussion between Silva Bay and Islands Trust. It provides an opportunity for professional evidence to be reviewed, concerns to be raised, questions to be answered, and the community implications of the proposal to be considered.
Why We Believe This Fits the Islands Trust Mandate
We recognize Islands Trust’s responsibility to preserve and protect the unique character, environment and amenities of the Gulf Islands. We believe a carefully designed zoning solution can respect that mandate.
Silva Bay is already an established commercial waterfront and marina location. The proposed redevelopment is modest in scale and seeks to restore many of the hospitality and commercial uses that historically made Silva Bay a gathering place for Gabriola and the surrounding Gulf Islands.
At the same time, the water source can be subjected to modern testing, monitoring and limits that were never available when the well was first developed decades ago.
The issue therefore need not be framed as a choice between protecting Gabriola and redeveloping Silva Bay. The question is whether both objectives can be achieved through thoughtful regulation. We believe they can.
Why Community Input Matters
We want Gabriola residents to understand exactly what we are asking for and what safeguards could accompany it. We also believe residents should ask those who will make future land-use decisions on Gabriola:
Should Islands Trust consider a zoning solution that allows the existing well to serve Silva Bay?
What environmental safeguards should accompany that permission?
If professional evidence demonstrates that a defined level of extraction can occur responsibly, should the redevelopment be allowed to rely on that water?
Is there a constructive path by which Islands Trust and Silva Bay can work together to move the project forward?
OPTIONS
The Choice Before Us
We want Gabriola residents to understand exactly what we are asking for and what safeguards could accompany it. We also believe residents should ask those who will make future land-use decisions on Gabriola:
1. Appeal
Resolve historical legal rights.
2. Alternative water source
Not presently economically viable.
3. Rezoning
Consider regulated use of the existing well.
Silva Bay is pursuing the appeal, but we believe the third option offers the clearest opportunity for a practical community solution.
WHAT WE ARE ASKING ISLANDS TRUST TO CONSIDER
- Permit the existing well to serve the approved Silva Bay development
- Limit that permission to the specific Silva Bay use
- Establish appropriate water-use limits
- Require monitoring based on professional groundwater evidence
- Protect neighbouring wells and Gabriola’s groundwater
CIVIC ACTION
Make Your Views Known
Ask trustee candidates where they stand on the future of Silva Bay.
Ask
Would you support fair and timely consideration of a properly supported rezoning application?
Question
What groundwater safeguards would you require?
Discuss
Raise Silva Bay at candidate meetings and community forums.
Contact
Tell candidates directly what outcome you want for Silva Bay.
Listen
Action required if thresholds are reached.
Questions to Ask Gabriola Trustee Candidates About Silva Bay
- Would you support fair consideration of a rezoning that permits the existing Silva Bay well to serve the redevelopment if professional evidence supports it?
- What safeguards would you require to protect neighbouring wells and groundwater?
- Would you be prepared to work constructively with Silva Bay and the community to find a solution?
- If you would not support such a rezoning, what viable alternative do you believe would allow Silva Bay to be redeveloped?
