The Columbia Shuswap Regional District (CSRD) has yet to chart a successful route for enforcement around illegal buoys.
Area F (North Shuswap) director Jay Simpson brought the issue to the table at the May 27 Electoral Area Directors meeting, along with a question about ticketing.
"We have a number of residents who regularly comment that we’re not doing what we should be doing and absolutely we aren’t, and we have challenges with that enforcement…," said Simpson. "It seems to me, in terms of illegal buoys, can we not find a way to regulate the installers as opposed to the public who is wanting them installed?
"There are probably six companies around the lake that do that kind of work. Is there not some way we can disrupt that process?"
Regarding enforcement, development services general manager Gerald Christie said the tools available to the CSRD are "rather limited," and he didn't think another bylaw would help. He said the CSRD has communicated directly with installers and even ticketed one of them.
"So we did get some compliance there which is good," continued Christie. "Unfortunately, even though over the years some of our communication to those folks by registered mail has been declined – by one in particular I think, maybe two – we know who those actors are that are out there.
"The unfortunate part is the burden of proof is still on the CSRD when it comes to the enforcement end of things so even though we maybe know who those folks are or maybe somebody said it was this person who installed a buoy that we now know is illegal, it’s still a process for us to go through. That's just the way the legal system works for us to take the next step to hold them accountable."
Area C director Marty Gibbons said there is a "horrendous" problem with illegal buoys in Eagle Bay, and questioned "do we have a non-enforcement policy with this?"
CSRD administrator John MacLean replied "no," and as Christie, said there are challenges with enforcement. He explained the CSRD's dock and buoy regulations were "originally meant to be a partnership between ourselves, Transport Canada and the Province of British Columbia."
"Transport Canada will only address certain aspects, if they’re properly marked – more importantly, if they’re not representing a danger to navigation on the water," said MacLean. "To my knowledge… the Province of British Columbia has been a non-player since the beginning, and our ability to enforce… we would have to enforce on individual properties, on individual buoys, and we are very challenged on how we would approach that."
Gibbons then asked what changes could be made to make the bylaw easier to enforce, and what the effect would be if the bylaw were rescinded. MacLean said the bylaw has been flagged to bring to the EAD and the board for discussion.
"We agree 100 per cent that we need to have a conversation in general about our enforcement policies, our bylaws, to ensure that we’re focusing on those areas where we have an opportunity to be successful and impactful," said MacLean. "We are not aware of an easy path forward on the buoy bylaw where we can be successful and impactful, so we will be asking and engaging with the elected officials on that review."
Staff said tickets currently issued through the bylaw range between $200 and $500. Gibbons argues it's "costing us a lot more to ticket than the tickets are worth," and that the current system for addressing illegal buoys is not working for the CSRD.
"It’s nothing to do with bylaws – It’s just this not something that, in my opinion, is part of our core duties," said Gibbons, adding the provincial and federal governments need to do their job. "They have the power, they have these units to do this, but we do not."
Building and bylaw services manager Marty Herbert said past work with Transport Canada has been a cost effective way of addressing illegal buoys.
"We assist dumps and removal of the buoys and we help with those costs, and for the most part that’s been effective," said Herbert. "The problem is, they aren’t coming up as much as they used to, they don’t have resources and funds either – and the contractors that they hire to remove the buoys are the same ones that put them in.
"When we look at the results of the stuff on the barge that goes to the dump we go, 'why is the dump receiving way less than what they’ve taken from the lake?'"
