Policy
The Galiano Club is committed to the prevention trespass and breaches (Community Forest only) on the lands owned and managed by the Club.
When a breach or trespass occurs, the Galiano Club will address the issue expeditiously with the intent of rectifying the breach or trespass.

Definitions

  • Breaches occur when the board, employees, volunteers or contractors do something not allowed under the covenant.
  • Trespasses occur when someone else does something not allowed under the covenant. Trespasses can become breaches if nothing is done about them.

Procedures

  • Taking a consistent approach to enforcement is important to both protect the Galiano Club lands and to ensure the Galiano Club retains its ability to pursue legal action if necessary.
  • The Galiano Club will investigate any breaches or trespasses on a case by case basis, based on either direct observation or on an oral or written complaint provided by a reliable source. The Galiano Club will make every effort to keep the personal information of a complainant confidential; however, confidentiality cannot be guaranteed.
  • Where possible, the Galiano Club will work to achieve voluntary compliance before further action is taken.

Trespasses

  • In order to prevent possible trespasses, the Galiano Club will provide maps at the entrances to the properties and install signs on shared boundaries with neighbouring properties.
  • When a trespass occurs, a police report will be made about each trespass.
  • The Galiano Club will contact the person(s) or company responsible for the trespass and ask that the trespass be corrected voluntarily, including setting a time frame for the voluntary compliance.
  • If agreement on voluntary compliance cannot be reached, a mediator may be considered.
  • If the trespasser does not remedy the breach within the acceptable time period, the Galiano Club may initiate remediation. The person(s) or company responsible will be expected to pay any costs associated with remediation.
  • The remediation will vary based on the nature of the trespass. The Galiano Club may consult with professionals or the covenant holders on the most effective correction.
  • Every effort will be made to resolve and correct the trespass informally.
  • Efforts to resolve and correct the trespass will be shared with the covenant holders when the trespass occurs in the Community Forest.
  • The Galiano Club will document all interactions associated with a trespass and ultimately may pursue a formal resolution, including possible legal action.

Breaches—Community Forest only

  • In order to prevent possible breaches, the Galiano Club will have an information sheet on what can and cannot be done in the Community Forest.
  • This information sheet will be available to all board members, staff, contractors and volunteers who use or work in the Community Forest.
  • Where there is a specific activity, such as a broom blitz, the information sheet will be reviewed with the participating volunteers.
  • Where there is a need for an activity which may be considered a breach, such as thinning trees to improve forest health, the activity will be discussed with the covenant holders prior to the activity occurring.
  • Should a breach occur, the individual will be asked to immediately cease the activity.

Process

  • The Galiano Club will review each complaint to determine whether there is sufficient evidence of a trespass or breach. Specifically:
  • Review the terms of the covenant (if applicable) to determine whether the suspected trespass or breach may be a contravention of one or more terms of the covenant and identify each provision of the covenant that may have been contravened. Concurrently notify the covenant holder of the suspected breach or trespass.
  • Contact the person(s) or company, informally if appropriate or formally if necessary, to give notice of the suspected trespass breach or and, where applicable, request that the person(s) or company cease all activities that are creating the trespass or breach.
  • Conduct a site visit to document any evidence of the alleged trespass or breach and assess the extent of any resulting damage to the property.
  • Assess all available information and use best judgement to interpret the significance of the trespass or breach.
  • If there has been no trespass or breach, advise the complainant and the covenant holder (if applicable) and close the file.
  • If there has been a trespass or breach, notify the person(s) or company in writing, outlining the nature of the trespass or breach and requiring that all contravening activity to cease immediately.
  • A minor trespass or breach is one that has resulted in minor or limited damage; a major trespass or breach is one that has caused permanent or extensive damage or is on-going.
  • Where there is a minor trespass or breach, the Lands Committee will recommend to the Board the necessary steps, if any, to be taken to remedy the trespass or breach.
  • Where there is a major trespass or breach, the Galiano Club work with the covenant holder (if applicable), to prepare a report. Specifically, the report will include:
  • Photographs taken from the standard reference points, where possible.
  • Detailed, written notes and mappings of all damage to the affected amenities. For example, if trees have been cut down, the report would include a record and map of the number of trees cut and the diameter, age and species of each stump. Photographic images of the stump would include a reference object, such as a ruler, to indicate the scale.
  • A comparison of the baseline documentation and relevant monitoring records with the changed condition of the site.
  • A signed statement by the Galiano Club confirming that the data collected is an accurate record of the violation. All written notes and other recorded information must be dated and signed by the site inspector.
  • If the Galiano Club is concerned that the activity may also be a violation of a federal or provincial statute, or local bylaw, a report will be made to the appropriate authorities.
  • All correspondence with the person(s) or company will be sent by registered mail and copied to the covenant holder (if applicable).
  • If the person(s) or company voluntarily remedies the breach or trespass, the Galiano Club will then:
  • Inspect and document the remediation work when it is completed
  • Report completion of remediation to the Board.
  • Where the person(s) or company continues the activity or fails to undertake required remediation of the damage all available enforcement options will be considered, including legal action.
  • The Galiano Club will maintain a written record of all trespasses or breaches, including documentation of any investigation and follow-up.

Approved July, 2022