Rayne had applied for a development permit with the Alberni-Clayoquot Regional District (the District) but it was stalled due to a covenant registered on this property relating to flood management. The covenant, which listed the Ministry of Environment, Lands and Parks (which had authority over flood management at the time) as the grantee, restricted building within a certain distance from the shoreline without an engineer-certified plan.

Rayne was told by the District that they would need to contact the Ministry of Forests (the ministry) to confirm the covenant’s requirements were met prior to considering their development application. When Rayne contacted the ministry, they were told the District had jurisdiction over flood management and the ministry could not help.

Not knowing where to turn, Rayne contacted us for assistance.

We investigated whether the ministry’s response to Rayne followed a fair process. In response to our investigation, the ministry reviewed the relevant engineering report provided and determined it satisfied the requirements of the covenant. The ministry confirmed this with the District, which allowed the District to then review Rayne’s development permit application.