Setting the Record Straight: Why Process Matters as Much as Policy
I want to be 100% crystal clear: I have never supported Bylaw 4373 (the MOCP) in its current form. Alongside the Area F and Area I Advisory Planning Commissions, I have consistently stated that this plan is deeply flawed. It fails to represent the reality of our rural lifestyles, our agricultural and forestry sectors and does not represent the future of West Cowichan. My position on the flaws of this OCP has not changed; if anything, the events of the past few months have only reinforced it.
However, I also need to be clear on a second point: I do not support a knee-jerk ‘repeal’ motion at this week’s Board. In governance, “fast” is rarely “fixed.” Here is why a rushed repeal is a risk we shouldn’t take:
- The “Reset” Myth: A repeal motion does not automatically reinstate the previous Community Plan (HOCP). Under BC Interpretation Act, a law, once a plan is repealed, it is legally dead – the creation of 4373 repealed the HOCP.
- The Planning Vacuum: Repealing without re-enacting or replacing the OCP creates a legislative vacuum. It will destabilize regional governance – This puts existing development applications in limbo, creates exposure for potential litigation and importantly, instantly deletes our Development Permit Areas (DPAs). This leaves our environment and wildfire zones unprotected and creates a bigger mess than the one we are already sitting in.
- Conflicts with the “STOP” Motion: The Board already agreed to a “STOP” motion to halt activity associated to MOCP. A repeal is an active, high-speed, intense legislative process that involves public hearings and provincial referrals—the exact opposite of “stopping.”
A ‘one-size-fits-all’ approach is what created this complexity; Mill Bay and West Cowichan have distinct priorities that a single plan cannot bridge. We need the time to develop a ‘Repeal and Replace’ strategy that honors our sub-regional identity rather than rushing a flawed solution. We cannot clean up in four weeks a mess that took four years to make. We must move at the speed of the community, not the speed of an election cycle.
Let’s do this right. Let’s do it responsibly. Let’s fix the foundation before we try to move back into the house.
