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I dug up a copy of the conservation covenant on Max Lake.  It was established in 2001 (two Area F directors ago). I did not live in Area F at the time so I do not know how much public consultation was done, etc.  Perhaps someone else recalls the details.

The covenant is a legal device to limit the rights of the owner (any owner) of the property. It includes a long list of restrictions intended to minimize environmental impacts on the wetland and Section 5.2 (l) specifically prohibits the application of "any chemical, herbicide, or pesticide on the Covenant Area".  As I read it, there are only two situations in which these restrictions can be overidden:

  1. The owner can violate the restriction in order to "prevent, abate or mitigate any damage or loss to any real or personal property; or prevent potential injury or death to any individual."
  2. The owner receives written consent of the covenant holders, in this case the covenant is held jointly by the RDOS and The Land Conservancy of British Columbia.

Option 1 is a bit of a stretch given the absence of West Nile in this area (see here—careful what you wish for ;-).  We are trying Option 2.  Specifically, I have asked RDOS staff to send a written request to TLC asking for permission to treat the area as required for mosquito control.  If the TLC agrees, then I will make the same request of the RDOS board.

So here is the bottom line:  The conservation covenant exists and cannot simply be ignored.  The only way the RDOS can legally apply larvicide in and around Max Lake is with the written permission of The Land Conservancy (contact details).  The current owner (Inland Contracting) has no say whatsoever in the matter (indeed, that is the point of the covenant).  Sorry I cannot be of more immediate help.  If it is any consolation, we were up on Forsyth Drive on Saturday night and my whole family got eaten alive (even with repellant, citronella tiki torches, etc.)


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