The original historic restaurant and pub at the Silva Bay Marina were completely destroyed by a fire in the fall of 2017. Following the accident, the current property ownership took over in 2018 with the intent to safely rebuild and restore these critical community amenities. However, because the recent court ruling has restricted access to our primary water infrastructure, construction and operations for the new restaurant facility are at a standstill until the water issue is resolved.

The dispute began when neighbors near the off-site well had been complaining about the water lot well for quite a while. When we acquired the property and shared our new development directions, those complaints grew stronger as neighbors worried we might overuse the off-site well water. Following these complaints, the Islands Trust issued us a bylaw ticket and a strict deadline, stating we could no longer use the water source. Because the Trust refused to discuss alternative solutions or negotiate, we were forced to take the matter to court to secure the water rights that the property had actively relied on for over 50 years. Ultimately, the court ruled against us, and we are currently restricted from using the infrastructure.

Following the court’s decision, we are legally restricted from using the main water infrastructure. While there is an on-site well, testing has shown its flow rate is too slow to support marina operations. Consequently, we cannot provide water to the docks, floatplanes, or boaters. This ruling also impacts the local community, as a neighboring property that shares this exact same water source has also lost access to its residential water supply.

While rainwater harvesting works wonderfully on a smaller scale, scaling it for a commercial resort is entirely different. First, navigating pioneering regulatory approvals is much smoother for government bodies than for private commercial developments. Second, a hotel and restaurant consume a significant amount of water. To store enough rainwater to survive the dry summer months, the storage tanks would likely need to be twice the size of the actual hotel. Furthermore, community members have expressed serious concerns that harvesting rainwater on such a massive scale would negatively impact local groundwater recovery. While our current plans already include massive water storage to satisfy fire and provincial regulations, it is simply not enough for a full summer restaurant operation.

We did test the existing on-site well, but the results showed that the water flow rate is simply too slow and unstable to support any commercial operations or marina uses. This evaluation is fully backed by professional hydrogeologist data. Because the underground flow on our property cannot safely sustain a restaurant, hotel, or marina, the off-site well remains the only viable lifeline for the site.

It’s about 500 metres North from Silva Bay along North Rd. The water demand of our operation is proved by the test of our hydrologist from Waterline Resource. All of our commercial groundwater usage is strictly governed by the Water Sustainability Act (WSA). The supply of the wells are sufficient for Silva Bay’s water demand, proven by well testing during a drought season (which is also a requirement from WSA).

Modern water fixtures have proven to significantly reduce water consumption. We have designed all water fixtures in the facility to have low water consumption. We also plan to educate and encourage guests to preserve water by making them aware of the importance of water on the island. All of our commercial groundwater usage is strictly governed by the Water Sustainability Act (WSA). The supply of the wells are sufficient for Silva Bay’s water demand, proven by well testing during a drought season (which is also a requirement from WSA). In addition, there will be a water cistern built on site that could store water we purchase in case of drought.

Any commercial groundwater usage in British Columbia is strictly governed by the BC Water Sustainability Act (WSA), which enforces clear rules that prioritize domestic residential water use over commercial activity. Under provincial policy, during times of seasonal water scarcity or drought, essential household and residential water needs are legally protected and prioritized ahead of any commercial allocations. This ensures that in the dry season, local residents do not have to worry about water shortages due to resort or marina operations.

To completely guarantee this safety, the water demand for our new infrastructure has been rigorously and entirely calculated by qualified hydrogeology professionals from Waterline. We are fully committed to continuously monitoring our water usage and strictly adhering to all provincial government regulations. Furthermore, our mandatory well tests were intentionally conducted during the peak drought season to prove scientifically that the well’s supply is entirely sufficient for the resort’s needs without ever drawing down or threatening the neighborhood’s residential supply.

The opening timeline is currently postponed. While our original development plan was to rebuild the historic restaurant destroyed in the 2017 fire and add a boutique 16-room hotel, unexpected hurdles have brought construction to a complete standstill.

First, we hit severe delays due to complex local archaeological requirements regarding the protection of midden sites on the property. Second, the recent court ruling completely cut off our access to the primary water infrastructure. Because a hotel and restaurant require a sustainable, high-volume water supply to safely and legally operate, the entire project is on hold. A new opening date cannot be determined until these archaeological considerations are resolved and we successfully secure water rights for the property.

During redevelopment work, potential Cultural Shell Deposits (shell midden) were identified on the property. This is an expected and common find on coastal digs in this region, and the discovery was treated with complete transparency.

The current owners immediately paused construction to ensure the site was well taken care of, bringing in a professional archaeology team (Campfire Archaeology and Heritage Ltd.) to handle the assessment. A formal site inspection confirmed that these were disturbed archaeological deposits, which had likely been used by the original builders back in the 1970s as sub-base backfill around the old restaurant foundation and shoreline riprap.

The necessary heritage permits were applied for and successfully obtained, meaning this is no longer an active issue blocking our progress. While an ongoing study is currently underway to fully document the site, the archaeological requirements for this phase have been resolved.

Yes, the marina remains open, and we continue to offer both transient and permanent moorage. The marina office also remains open and fully operational. However, because we no longer have access to the primary water infrastructure, all marina activities that require water have been suspended. This means services such as dockside water hookups, and public shower rooms are currently unavailable.

Signatures are being collected both in person and online, exclusively from Gabriola Island residents.

Signatures are being collected both in person and online, exclusively from Gabriola Island residents. Physical signing forms are available at local businesses across the island, including North Road Sports, Gabriola Home and Garden, Nature Spirit Health Foods, Wishbone Specialty Gifts, Gabriola Cannabis Dispensary, Island Meat and Deli, Colleen’s, The Village Liquor Store, and Arbutus Building Supplies. You can also find our team at information booths at the Saturday Market and the Sunday Market at Page’s Resort.

To sign online, simply visit: change.org