Scientific Reports and Studies 

In April 2015, the province released a Draft Dock Management Plan (Draft DMP) for Pender Harbour. The Draft DMP imposed strict restrictions on the owners of foreshore leases and renewals of existing leases. It also divided the harbour into 3 zones (different restrictions were applied to each zone without any scientific basis).  

The draft DMP was withdrawn due to public outcry and following a town hall meeting in May 2015. As a result of this, in November 2015 former AG Barry Penner, K.C., was retained by the province to undertake an independent review of the Draft DMP. He wrote a comprehensive report (the “Penner Report”) which included 13 recommendations. The Penner Report is referenced in the June, 2016 Gov to Gov agreement, though the majority of the recommendations were never addressed by the province.  

In March 2018, a study on the impacts of docks in Pender Harbour by M.C. Wright and Associates was released. It was commissioned by the Ministry of Forests, Lands and Natural Resources. This very detailed report makes many references to the lack of certainty around the study. Words used throughout (like “may”, “possibly” and “might”) attest to the lack of definitive causation in the report. 

In October of 2018, the Foundation Agreement was signed with the province and the Sechelt Nation, essentially forming a joint working group to oversee foreshore leases and dock management in Pender Harbour.  

In March of 2019, in response to the M.C. Wright report, the Pender Harbour and Area Residents Association (PHARA) retained experts directly refuting the science behind the DMP and sent the reports to the province (environmental, engineering and safety report).  

In March of 2021, the province and the shíshálh Nation released a new version of the DMP.  

In January 2023 PHARA sent a letter to the government and shíshálh Nation asking 22 questions, many regarding Section 7 of the Declaration Act. To date, none of those questions has been answered. 

On November 24, 2023, the province released new proposed amendments (soliciting public consultation (they only asked for comments, there has been no discussion about consultation or collaboration, closing on 12/Jan/2024) allegedly based on an engineering report by McElhanney Ltd dated January 2023.  

Under the new proposed amendments, the Penner Report recommendations and the community’s environmental, engineering and safety studies were not addressed and in subsequent discussions with the province and the shíshálh Nation, the two parties refused to discuss two of the key issues raised by PHARA: light transmission in docks and the arbitrary implementation of the three Zones. In the new proposed amendments the affected region will be expanded to include virtually the entire Sunshine Coast (including freshwater lakes), impose retroactive dock size restrictions, and ban all of boathouses regardless of previous tenure status. 

Due to public outcry over the proposed new amendments, the December 14, 2023 deadline to comment was extended to January 12, 2024.  

On March 14, 2024, the province released a summary of the 1,700 or so public comments. On August 1, the province released changes to the DMP based in part on consultations with affected groups.