Legal Framework

How the Saturna Island Fire Protection Society Works (in a nutshell):

  • SIFPS is incorporated as a non-profit society under the BC Societies Act.
  • SIFPS is authorized to provide taxpayer-funded fire protection and emergency services under CRD Bylaw No. 2165.
  • The roles and responsibilities of SIFPS are further specified in a ten-year service agreement with the CRD.
  • SIFPS is authorized to provide emergency medical services and patient transportation under a separate collaborative agreement with the BC Emergency Health Service (BCEHS).

The following timeline outlines the evolution of this framework over the last 30 years.

1.  In a referendum held on November 20, 1993, Saturna residents approved the adoption of CRD Bylaw No. 2165 (Saturna Island Fire Protection and Emergency Response Local Service Contribution Establishment Bylaw No. 1, 1993) establishing “a Local Service for the purpose of contributing to the costs incurred by the Saturna Island Fire Protection Society of providing fire prevention and suppression and emergency response services, and medical patient transportation on Saturna Island,” under the provisions of Section 788 (1)(j) of the BC Municipal Act.

2.  In tandem with this, on January 14, 1994, the Saturna Island Fire Protection Society (SIFPS) was incorporated under the Society Act as an independent, non-profit society, whose purpose was:

(a)    to provide fire protection services to the inhabitants of Saturna Island in Electoral Area G;

(b)     to provide emergency response services to the inhabitants of Saturna Island in Electoral Area G.

3.  Saturna residents approved the adoption of CRD Bylaw No. 2165 on the understanding that islanders would maintain control of the operation of fire protection services and that “all assets presently owned, or hereafter acquired, will be the property of the new society” (Letter to Electors, November 1, 1993). Bylaw No. 2165 authorized the collection of property taxes up to a maximum mill rate of .85, with an initial mill rate set at .6806.

4. CRD Bylaw No. 2165 was amended twice in Bylaw No. 2575 (January 1998) and Bylaw No. 2734 (November 1999), which first lowered and then returned the maximum property tax rate to its original figure of .85/$1000 assessed value.

5.  The bylaws of SIFPS (enacted under the Society Act) were amended on January 28, 2018 to address the control of assets in the event of SIFPS’s dissolution:

Part 13 – Dissolution 62. In the event that the Society should at any time be wound up or dissolved, the remaining assets after payment of all debts and liabilities shall be turned over to the CRD to be held solely for the use of providing fire prevention and suppression and emergency response services on Saturna Island within Southern Gulf Island Electoral Area of the CRD or with CRD’s written consent to a recognized charitable organization on Saturna Island provided that the organization enters into an operating agreement with the CRD. This provision was previously unalterable.

6.  At the time that the Society’s bylaws were amended in 2018, approval was also given by SIFPS and the CRD to the “Saturna Island Fire Protection and Emergency Response Services Funding Agreement.” This is the key document governing the relation between the two bodies, and it remains in effect until December 31, 2027, “unless otherwise terminated,” under conditions stated in the Agreement (12.1).

Recognizing the role of SIFPS under CRD Bylaw No. 2165, the Agreement also notes that “By Supplementary Letters Patent dated the 7th day of July 1983, the CRD was granted the function of fire protection and regulation for the Southern Gulf Islands Electoral Area.” Acknowledging their shared authority for the provision of fire protection and emergency response services on Saturna Island, “The parties hereto wish to enter into this Agreement for the purposes of setting out the roles and responsibilities of each.”

With regard to the roles and responsibilities of SIFPS (excerpted from the Agreement):

4.3  The parties agree that subject to the terms of this Agreement and the applicable legislation the Society shall have control, authority and responsibility for managing and providing the Local Service so long as this Agreement is in effect.

8.1 The Society and the CRD agree that any and all assets acquired by the Society using funds received from the CRD Service (the “Assets”) will be owned by the Society and held solely for the use and benefit of providing the Local Service to the Service Area.

9.1 The Society hereby agrees to indemnify and save harmless the CRD, its directors, officers and employees from and against all claims, actions, causes of action, damages, costs and expenses that it may incur or sustain arising out of this Agreement, the Service, the use of the funds paid by the CRD to the Society, or in connection with the provision or the lack thereof of fire protection and emergency services within the Service Area by the Society, its directors, officers, employees, agents or servants, or by the Fire Chief or the volunteer Fire Department, except to the extent that such costs, claims, damages, expenses, suits or demands are caused or contributed to by the negligence or intentional wrongdoing of the CRD, its directors, officers or employees.

The Service Agreement focuses on the fiscal responsibility of SIFPS in relation to its handling of taxpayer funds collected by the CRD, and the indemnification of the CRD and its associates against any actions taken by SIFPS and the services acting under it. It says nothing about the management of fire protection, service levels, etc.

7. Through a combination of donations and loans two emergency service buildings (ESB#1 and ESB#2) were constructed in 2011 for $1.2m. The loans were converted to a mortgage, which was paid off in March 2015. These properties (land and buildings) are wholly owned by SIFPS. Equipment purchased with taxpayer funds (or other monies, e.g., grants) is also owned by SIFPS, per the Service Agreement, sec. 8.1.

8.  The most recent amendment of Bylaw No. 2165 was ratified on February 8, 2023. It expanded the scope of emergency services to include “medical patient transportation” and thereby authorized the use of tax revenues to fund the operation of SIR.