News and Media

Febrary22/2024

A Win for the People Province Backs Down on Amending the Land Act

Due to an unprecedented public outcry over proposed changes to the Land Act, the province has delayed the legislation amending that Act. Those changes would enable the government to implement and put into place agreements with the 204 BC First Nations pursuant to Section 7 of the Declaration of the Rights of Indigenous Peoples Act. Those agreements, once entered into, have the effect of requiring the government to either obtain prior consent with the Indigenous governing body or establish a joint decision-making agreement. Either way, consent of the Indigenous body would be required.

The Land Act Amendments would allow the government to enter into these agreements with the First Nations concerning all Crown Land in BC, which makes up approximately 95% of the province.

Currently, the government is negotiating a Section 7 agreement with the shíshálh Nation concerning “docks in the swiya.” This announcement merely puts the necessary Land Act Amendments on hold but does not stop these ongoing negotiations.

In a February 21 news release, Nathan Cullen, Minister of Land, Water and Resource Stewardship, said, “Over the past several weeks, I have had the opportunity to discuss proposed amendments to the Land Act with over 650 representatives of stakeholder groups representing tens of thousands of British Columbians, from mining, forestry, oil and gas and clean energy, cattle ranchers, to adventure tourism operators, snowmobilers, hunters and anglers, and many others . . . I’ve also heard that we need to take the time to further engage with people and demonstrate the real benefits of shared decision-making in action. We want to get this right and move forward together.” He concluded: “For that reason, our government has decided not to proceed with proposed amendments to the Land Act.”

We note that PHARA was not included in those discussions Minister Cullen speaks of, notwithstanding that we are the only community we are aware of that is affected by a Section 7 agreement currently being negotiated.

This delay is a win for all those opposed to the province’s ill-thought-out Land Act amendments. In the case of the Sunshine Coast, without those amendments the province cannot continue its implementation of the Section 7 agreement being negotiated in secret between the province and the shíshálh Nation. That agreement would have given the Nation veto power over dock tenure authorizations on the Sunshine Coast.

The province and Nation still plan on revising the Dock Management Plan. Through hundreds of letters, the province has heard loud and clear that they must consult and give fair consideration to the concerns of all stakeholders. The province has said it will publish on March 8 a summary of the concerns expressed through the public engagement process.

Thanks to everyone who helped put pressure on the province to delay the Land Act amendments! Please stay tuned, as the battle to have a say in our dock tenures continues.

PHARA Board

February/11/2024

Mike Smyth Show, Global News

Mike Smyth Show, Global News, 30 second commercial intro at start

January/14/2024

Resident’s Assn Challenges the Dock Management Plan

Sunshine Coast residents and cottagers, represented by the Pender Harbour and Area Residents Association (PHARA) under its Sunshine Coast Dock Management Committee (SCDMC), are opposing proposed amendments to the contentious Sunshine Coast Dock Management Plan, negotiated in secret between the province and the shíshálh Nation— without any consultation with those most affected. Proposed changes include the removal of about 700 boathouses at the end of their tenure and a new maximum dock size which will exclude private vessels over 30 feet.

PHARA’s legal counsel, McMillan LLP (Joan Young and Robin Junger) submitted a letter to Hon. Nathan Cullen, Minister of Water, Land, and Resource Stewardship highlighting significant legal issues. Click here for the legal counsel letter.

PHARA urged the government to extend the January 12, 2024 public comment deadline, pause the process, and engage with PHARA and its legal counsel. Government announced on January 12, 2024 that it has extended the consultation process until mid-February 2024. PHARA continues to press the government to meaningfully engage with residents and cottagers on this flawed Plan.

Pender Harbour and Area Residents Association

January/14/2024

Province Extends Comment Period for DMP

Your support in challenging the proposed Dock Management Plan amendments has led to a last-minute extension of the comment period until February 16, instead of the original deadline of January 12. We attribute this extension, in part, to the letter addressed to Minister Cullen from our legal counsel at McMillan LLP. This additional time is crucial as we continue to attempt a meeting with the Minister responsible, enabling us to directly express our concerns regarding the poorly thought-out amendments to the DMP. If you haven’t read our letter to Minister Cullen, click here.
If you haven’t yet submitted your comments, there is still an opportunity to do so. Please click here, using Reference No. 2412772, to submit your comments to the province (click View Application Details) to submit your comments to the province. Additionally, ensure you send a copy to board@phara.ca, WLRS.minister@gov.bc.ca, premier@gov.bc.ca, and Simons.MLA@leg.bc.ca.

Many of our members have inquired about the Waterfront Protection Coalition and our association with them. We want to clarify that we wholeheartedly support this parallel group. The Waterfront Protection Coalition operates with a distinct set of resources, a mandate that spans the coast and province, and is actively raising funds for legal and other initiatives.

It’s important to note that PHARA specifically concentrates on the Sunshine Coast, particularly the shíshálh swiya region. Our newly established Sunshine Coast Dock Management Committee comprises approximately 20 representatives, not only from the Pender Harbour area but also from the entire Sunshine Coast, including lakes and islands, such as Nelson and Hardy. These representatives provide updates to their respective members following our meetings.

Our organization has fostered a nearly decade-long relationship with the Sunshine Coast Regional District (SCRD), the Provincial government, and the Nation. PHARA’s primary strategy is to advocate for a pause in the Dock Management Plan (DMP) and for all involved parties to engage in collaborative discussions to find a viable solution. Our focus lies in challenging the DMP on legal grounds, and any funds we raise are strictly allocated for legal fees.
We extend our gratitude to those who have contributed to our legal funds. Although we are unable to thank each of you personally, your support plays a vital role in defeating the amended DMP.
Thank you for your ongoing support. We encourage members to consider contributing to our legal fund. If you can assist, the easiest method is via e-transfer using the following steps:

1. Add PHARA as a new contact (name: PHARA, email: board@phara.ca).
2. Go to “Send Transfers By” and select “email.”
3. For the initial e-transfer, set a security question and answer. (This is a formality; we have auto deposit.)
4. Once PHARA is added, proceed to the “Send via Interac e-Transfer” page.
5. Select your account, specify the amount, and in the Message box note DMP Legal Fund.
6. Check the box confirming PHARA’s auto deposit registration.
7. Click Continue to complete the process.

For larger donations exceeding e-transfer limits, cheques can be sent to PHARA, Box 15, Madeira Park, V0N 2H0

Thank you from your PHARA Board.

December/20/2023

UPDATE ON PROPOSED DOCK MANAGEMENT PLAN AMENDMENTS

The Pender Harbour and Area Residents Association (PHARA) continues to react to the ill-thought and overly onerous proposed new changes to the DMP.

PHARA met virtually with the shIshálh/province on Nov 24. We were given an overview of the proposed changes to the DMP. As we know, the proposed amendments included unrealistic limits to dock area and length, insisting on the removal of boathouses at the end of their tenure period and the expansion of the DMP to cover the entire shIshálh swiya, including freshwater lakes. Supporting documents and the engineering report on which the proposed changes were based on came later. When questioned about changes to the four Zones and the Light Penetration issue, we were told in no uncertain terms that those would not be discussed or considered. The meeting was more a nod to giving PHARA an overview than any real consultation.  

Needless to say, the proposed amendments have created an uproar throughout the Sunshine Coast. Our phones have been ringing off the hook and we’ve received a great many emails about the issue as well as copies of emails sent to the government by residents about the impracticality of the changes and questioning the why.

On Nov 30 the shIshálh and province gave an overview of the proposed changes to the SCRD board. In physical attendance were about 150 people and some 250 via Zoom. This was probably the largest turnout ever for a SCRD board meeting with overflow crowds filling the lobby. Leonard Lee did a great job of asking good pertinent questions while a few in the crowd and on Zoom were allowed to ask questions. Not a lot of answers were given. The only change to the initial PHARA meeting was that the deadline for comments was extended from Dec 14 to Jan 15. Len made a motion that the deadline be extended to late May, but that hasn’t happened yet. 

We have postponed a proposed meeting between PHARA and the shIshálh/province as we need more time to frame our dozens of questions and concerns as well as needn’t to properly review the engineering report. As the new proposals will affect most of the Sunshine Coast, we are forming a broader group called the Sunshine Coast Dock Management Committee, and will be working with a number of other community groups, commercial operators, yacht clubs and others who will be affected by the proposed amendments.  

While we don’t expect a significant turnaround to these proposals, despite their lack of the most basic of common sense, we now feel our only option is to seek legal counsel to fight these changes. In the near future, we may be asking the community for support of this challenge.

December/7/2023

UPDATE ON PROPOSED AMENDMENTS TO THE DOCK MANAGEMENT PLAN

Dear Concerned Sunshine Coast Residents, Dock, Foreshore, and Boathouse Owners and PHARA Members,

We wanted to provide you with an update on the recent developments concerning the proposed amendments to the Dock Management Plan (DMP).

The Pender Harbour and Area Residents Association (PHARA) is actively engaged in addressing the proposed changes to the DMP. At a virtual meeting with representatives from the shIshálh/Province on November 24th, PHARA was presented with an overview of the proposed amendments, though not given the particulars. Those changes encompassed various aspects, such as dock area and length limitations, boathouse removal upon tenure completion, and the extension of the DMP to cover the entire shIshálh swiya, including freshwater lakes. This information was also sent to dock owners on the same day.

Subsequently, supporting documents and an engineering report, forming the basis of the proposed changes, were provided. Despite our inquiries regarding adjustments to the four Zones and the light penetration issue, we were informed that these matters would not be open for discussion. The meeting primarily served to provide PHARA with an overview rather than fostering substantial consultation.

The proposed amendments have generated significant concern throughout the Sunshine Coast, leading to an influx of phone calls and emails expressing dissatisfaction and questioning the practicality of the changes. The shIshálh and province presented the proposed amendments to the SCRD board on November 30th, with a notable turnout of approximately 100 individuals in physical attendance and 180 participating via Zoom. This marked one of the largest turnouts for a SCRD board meeting, and Area A representative Leonard Lee, among others, posed pertinent questions. Unfortunately, the responses provided were limited.

A small development is the extension of the comment deadline from December 14th to January 12, 2024, however, due to the significant impact of the changes, this is still not sufficient. Representative Len proposed an SCRD motion, supported by the entire Board, to further extend the deadline to mid-May, this extension has not been implemented as of yet. PHARA has also requested the same extension directly.

Additionally, recognizing the widespread impact of the proposed amendments, we are in the process of forming a broader coalition called the Sunshine Coast Dock Management Committee (SCDMC). 

The aim of the SCDMC is to represent all areas of the Sunshine Coast, including commercial operators, clubs, associations, lake shore groups, various business sectors and non-profit organizations affected and soon to be affected by the proposed changes. Our goal is to unite the Sunshine Coast, pool our resources and speak with the loudest voice possible. 

We are currently exploring all legal and political avenues under a global approach meaning that all residents in the Sunshine Coast are being taken into consideration while exploring these options. Our goal is to minimize the impact of the DMP on the Sunshine Coast and surrounding areas to the greatest extent possible. Legal opinions and strategies can take a bit of time to formulate, but will we keep everyone updated as we gain new information. We will be reaching out to the community for assistance with these endeavors and providing more information on how we will proceed in regards to our fundraising initiatives. 

We very much appreciate your support and look forward to welcoming some fresh ideas through the SCDMC. To further assist our efforts, we ask you please join PHARA. Go to phara.ca and click on Join Us. The more members we have, the stronger our voice.

Sincerely,

PHARA

November/26/2023

UPDATE ON PROPOSED AMENDMENTS TO THE DOCK MANAGEMENT PLAN

Dear Concerned Sunshine Coast Residents, Dock, Foreshore, and Boathouse Owners, and PHARA Members,

We wanted to provide you with an update on the recent developments concerning the proposed amendments to the Dock Management Plan (DMP).

The Pender Harbour and Area Residents Association (PHARA) is actively engaged in addressing the proposed changes to the DMP. At a virtual meeting with representatives from the shIshálh/province on November 24, PHARA was presented with an overview of the proposed amendments, though not given the particulars. Those changes encompassed various aspects, such as dock area and length limitations, boathouse removal upon tenure completion, and the extension of the DMP to cover the entire shIshálh swiya, including freshwater lakes. This information was also sent to dock owners on the same day.

Subsequently, supporting documents and an engineering report forming the basis of the proposed changes were provided. Despite our inquiries regarding adjustments to the four zones and the light penetration issue, we were informed that these matters would not be open for discussion. The meeting primarily served to provide PHARA with an overview rather than fostering substantial consultation.

The proposed amendments have generated significant concern throughout the Sunshine Coast, leading to an influx of phone calls and emails expressing dissatisfaction and questioning the practicality of the changes. The shIshálh and province presented the proposed amendments to the SCRD board on November 30, with a notable turnout of approximately 100 individuals in physical attendance and 180 participating via Zoom. This marked one of the largest turnouts for an SCRD board meeting. Area A representative Leonard Lee, among others, posed pertinent questions. Unfortunately, the responses provided were limited.

A small development is the extension of the comment deadline from December 14 to January 12, 2024. However, due to the significant impact of the changes, this is still not sufficient. Representative Lee proposed an SCRD motion, supported by the entire Board, to further extend the deadline to mid-May. This extension has not been implemented as of yet. PHARA has also requested the same extension directly.

Additionally, recognizing the widespread impact of the proposed amendments, we are in the process of forming a broader coalition called the Sunshine Coast Dock Management Committee (SCDMC).

The aim of the SCDMC is to represent all areas of the Sunshine Coast, including commercial operators, clubs, associations, lakeshore groups, various business sectors, and non-profit organizations affected and soon to be affected by the proposed changes. Our goal is to unite the Sunshine Coast, pool our resources, and speak with the loudest voice possible.

We are currently exploring all legal and political avenues under a global approach, meaning that all residents of the Sunshine Coast are being taken into consideration while exploring these options. Our goal is to minimize the impact of the DMP on the Sunshine Coast and surrounding areas to the greatest extent possible.

Legal opinions and strategies can take a bit of time to formulate, but we will keep everyone updated as we gain new information. We will be reaching out to the community for assistance with these endeavours and providing more information on how we will proceed with regard to our fundraising initiatives.

We very much appreciate your support and look forward to welcoming some fresh ideas through the SCDMC. To further assist our efforts, we ask that you please join PHARA if you are not already a member. Go to phara.ca and click on Join Us. The more members we have, the stronger our voice.

Sincerely,

PHARA

October/15/2022

Dock Management Plan.

Ignoring Pender Harbour Resident’s Concerns

As of October 2022, we sent three emails with attachments on April 13, June 14 and October 10 requesting acknowledgement and response from those we had been dealing with (Jasmine Paul and Kevin Haberl who have since moved on). The October 10 letter was addressed to hiwus Warren Paull and Murray Rankin, Minister of Indigenous Relations and Reconciliation again asking for an acknowledgment and response (see below). It was cc’d to Doug Caul, Deputy Minister, Ministry of Indigenous Relations and Reconciliation; Heinz Dyck, Chief Negotiator, Ministry of Indigenous Relations and Reconciliation; Greg Mouchain, Manager, Authorizations (Land), Ministry of Forests; Steven Feschuk, Rights and Title Office, shíshálh Nation; Leonard Lee, Director, Area A, Sunshine Coast Regional District, Nicholas Simons, MLA Powell River-Sunshine Coast. To date, we have not received a single response.

That original letter is below:

DMP Response Letter to Jasmine and Kevin – April 6, 2022

Dear Hiwus Warren Paull and Honorable Ministers Rankin and Conroy: 
The following email was sent to your staff on April 13, 2022 and again on June 14, 2022. To date, six months after our initial email request, we have received no response or even an acknowledgment of receipt of our email and attached letter. We are aware that Jasmine Paul and Kevin Haberl are no longer in their previous positions, so we are forwarding this to you. We are respectfully requesting a reply to this email so we can move forward. Should your staff wish further clarification, please have them contact us directly. 
Best regards,
Peter Robson, Bill Charlton, Sean McAllister

When the Provincial Government and the shíshálh Nation imposed a new set of onerous regulations concerning dock placement and construction in Pender Harbour without consulting the local community, the community was shocked and angered. In some areas, docks would have to be removed for environmental reasons, though there was no supporting science. Other areas would require new docks to be shared. New dock construction requirements were not based on real science and would actually cause danger. Unproven technologies were given as fact.

This is the major issue of concern for Pender Harbour and will have ramifications throughout BC. 

“Progress on revising Dock Management Plan”