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Wednesday, May 1, 2013 PM40008236
Vol. 55 No. 18 Sicamous, B.C., • 1.25 (GST included) • www.eaglevalleynews.com
Kyllo remains strong part of Liberal vision Old Town: Legal action a learning experience for Shuswap candidate. By Lachlan Labere Eagle Valley News
Premier Christy Clark’s confidence in BC Liberal Shuswap candidate Greg Kyllo remains high, despite his past involvement in a development that led to the destruction of sensitive fish habitat. During a visit last Wednesday morning to Kyllo’s Sicamous business, TA Structures, Clark spoke briefly to a 2010 court decision against developers of Old Town Bay for the alteration of fish habitat, used recently by the candidate’s critics, and opponents, as ammunition against him. Clark said Kyllo isn’t one who makes excuses, and has spent $275,000 to remediate the site. She added that while the case was well known in Sicamous, residents still elected Kyllo to municipal council with a sizeable majority. “Misunderstandings and mistakes happen,” said Clark. “We are defined by how we deal with them. And taking responsibility, not making excuses, is who Greg Kyllo is.” Kyllo agreed the damage that occurred in 2007 resulted from a misunderstanding of federal and provincial regulations, including the Riparian Areas Regulation, which was enacted in the Fish Protection Act in 2004. “There was some misunderstanding with respect to the regulations that were in place, with DFO and what their regulations were – it was also the same time the new Riparian Area Regulation came out from the provincial government,” Kyllo told the News. “There was a lot of confusion around that. Unfortunately, some decisions were made that were not in line with the Riparian Area Regulation, and some logging occurred in areas that were deemed to be sensitive fish habitat.” Kyllo says $300,000 has since been spent on restoring the damaged area, and it continues to be monitored. Simply chalking it up to a mistake, however, isn’t enough for Shuswap Environmental Action Society president Jim
Clark campaign comes to town: Shuswap BC Liberal candidate Greg Kyllo and TA Structures’ staff look on as B.C. Premier Christy Clark addresses a supportive Sicamous crowd Wednesday morning. Photo by Lachlan Labere
Harmed habitat: In this 2009 photo, wood piles sit near the shore in Old Town Bay from land clearing that resulted in charges being laid by the Department of Fisheries and Oceans for destruction of sensitive fish habitat. File photo Cooperman, who views the past infraction as a hit to both Kyllo’s credibility, as well as the BC Liberals. “I think it’s appalling that the BC Liberal party would allow a candidate to run with a track record like Mr. Kyllo’s, that involved a blatant disregard of federal laws and resulted in severe damage to fish habitat,” says Cooperman. In 2007, the Department of Fisheries and Oceans received a tip regarding land clearing done in January and June of that year related to the Old Town Bay resort development in Sicamous. In 2009, a representative of DFO told the News that after a lengthy investigation, DFO would be pursuing charges under the Fisheries Act for harmful alteration of fish habitat against the developers, numbered company 0702905 B.C. Ltd., and partners Jack Irwin of Salmon Arm, and
brothers Greg and Todd Kyllo. In a June 2009 interview, Greg told the News that he and his partners were looking to clear their names in court. “I can say we are looking forward to presenting our side of the case and looking for full vindication of any wrongdoing,” said Kyllo. In April 2010, legal counsel for the numbered company entered a guilty plea in Salmon Arm court. Charges against Irwin and the Kyllos were stayed, with the company accepting responsibility for the damage caused by land clearing at the mouth of the Eagle River and on Shuswap Lake. The company agreed to pay a sum of $375,000, including a $5,000 fine; $70,000 to the Fraser Basin Council for use in such projects as the Shuswap Lake Integrated Planning Process; and $300,000 towards re-
mediation of the damaged site. Federal Crown prosecutor Todd Gerhardt said the $375,000 penalty should serve as a deterrent to other foreshore developers. In May 2011, Kyllo said he and his brother had divested themselves of the majority interest in the Old Town Bay project, retaining about four acres in the proposed village centre for a future marina. Kyllo says the experience with DFO was not lost on him, either as a business person or candidate. “When you’re in business and trying to create employment… and move things forward, you’re moving at a fairly fast pace,” said Kyllo. “I think, if I’ve learned anything from that, it is to maybe take a sober, second look at projects before you move forward – to just maybe step back and maybe re-evaluate things before one goes charging ahead.” Asked how he thinks this incident might hinder his credibility in the eyes of the electorate, Kyllo says you have to measure the good with the bad. “I think we have to weigh all the positive impacts the company has had in the area with respect to job creation and community service, and weigh that against some mistakes that were made,” said Kyllo. What’s really important is we’ve done full restoration of the area and we’re moving forward. I’ve certainly learned from that and I think that’s made me an even stronger candidate in moving forward.”