Meeting of the Board of the Regional District of Kitimat-Stikine to be held Friday, March 26, 2010, commencing at 7:00 p.m. and reconvening if necessary Saturday, March 27,2010, in the Regional District of Kitimat-Stikine Board Room, Suite 300 - 4545 Lazelle Avenue, Terrace. B.C.
AGENDA
A. SUPPLEMENTARY AGENDA:
B. DELEGATIONS & GUESTS:
2:00 p.m.
Enbridge Northern Gateway Pipeline Kevin Brown Northern Gateway Project Michelle Perret Ray Doering Jason Harris
7:00 p.m.
Terrace BC Winter Games Peter Weeber, President Presentation Brian Downie, Director
Lakelse Lake Community Association Gordon Gillam Solid Waste and Recyclable Material Management Service Establishment Amendment Bylaw No. 581
C. PETITIONS & QUESTIONS:
D. MINUTES:
1. Minutes of the February 19 & 20, 2010, Meeting of the Regional District of Kitimat-Stikine. circ
Errors & Omissions:
E. ADOPTION OF MINUTES:
F. BUSINESS ARISING OUT OF MINUTES:
1. Outstanding Business Arising Out of the Minutes Report, dated March 17,2010.
G. CORRESPONDENGE:
1. Letter from John Slater, MLA Boundary-Similkameen, Parliamentary Secretary for Water Supply and Allocation, dated February 24,2010, re: Living Water Smart. circ
2. Letterfrom Harry Nyce, President, UBCM, dated March 3,2010, re:2009 Resolutions. circ
3. Letter from the Honourable Gordon Campbell, Premier, dated March 11, 2010, re: Eurocan Closure. circ
4. Letter from the Honourable Dale Wall, Deputy Minster of Community and Rural Development, dated March 9,2010, re: BC Climate Action Charter circ
5. Letter from the Honourable Kash Heed, Solicitor General, dated March 12,2010, re: Training Funds for Emergency Management Training. circ H. REPORTS:
1. Report from Administration, dated March 17,2010, re: Local Government Treaty Advisory Committee. clrc 2. Report from Administration, dated March 9, 2010, re: Red Chris Mine Environmental Assessment Certificate. circ'
I. PLANNING GOMMITTEE:
J. PERSONNEL & FINANCE COMMITTEE:
K. BYLAWS:
Establishment adoption) 1 . Bylaw NO. 581 (KS South Solid Waste & Recyclable Material Management Service -
2. Bylaw No. 583 (KS ThornhillZoning Amendment - 3'o reading)
3. Bylaw No. 584 (KS Five Year Financial Plan - 3 readings & adoption)
L, NEW BUSINESS:
1. Next Meeting Date: APril 23,2010
2. Economic Development Commission Report:
3. Other:
IN CAMERA:
RISE & REPORT:
QUESTIONS FROM THE MEDIA:
ADJOURNMENT:
M. INFORMATION ONLY:
1. Letter from Danyta Welch, Policy & Program Officer, Local Government Services, UBCM, dated February 22, 2010, re: Community Tourism Program (Phase 2) - Kitsumkalum Boat Launch Upgrades. circ 2. Local Government 2010: Key lssues and Best Practices Agenda, April 29 - 30, 2010, Vancouver, BC. circ
3. UBCM Member Notice, dated March 15,2010, re: Wastewater Systems Effluent Regulations- circ
4. UBCM Member Notice, dated March 17,2010, re: Resolutions Process Review' circ
5. Memo from FCM, dated March 16,2010, re: FCM's National Board of Directors Election' circ
6. Memo from NCLGA, re: 2010 Measuring Up the North lnitiative Award of Excellence' circ
T. Report from Administration, dated March 18, 2010, re: Forrest Kerr Hydroelectric Proiegt Environmental Assessment Certificate. clrc' D-rt NOT RATIFIED
19' 2010 Minutes of the Regional District of Kitimat Stikine meeting held Friday,_February Board Room, and Saturday, Feb-ru ary 20,2010, at the Regional District of Kitimat'stikine Suite 3oo - i545La.ellL a
Members Present:
Chair Harry NYce Presided.
Director Melanie Sondergaard Electoral Area B Director Allan Lanctot ElectoralArea C Director Dave Brocklebank ElectoralArea D Director Ted RamseY Electoral Area E Director Darcie Frocklage ElectoralArea F Director Alice Maitland Village of Hazelton Director Peter Weeber District of New Hazelton Director Bob Corless District of Kitimat Director Angela Brand Danuser District of Stewart Director Carol Leclerc City of Terrace Director Brad Pollard City of Terrace
Others Present:
Robin Austin, MLA (left at 7:30 P.m')
Staff Present:
Bob Marcellin Administrator Lori Stark Recording Secretary Verna Wickie Treasurer Andrew Webber Manager, DeveloPment Services Roger Tooms Manager, Works & Services Ted Pellegrino Planner Ken Newman Planner (Friday OnlY) (Friday Murray Daly Bylaw Enforcement Officer Only)
SUPPLEMENTARY AGENDA: Supplementary Agenda be R046-2010 MOVED by Director Leclerc/Director Maitland that the following added to the Regular Agenda:
Gorrespondence: 1. Letter from Roy Spooner, Barkerville Heritage Trust, dated February 18, 2010, re: Barkerville's Restoration and Preservation Program'
Information OnlY:
1. Letter from Dan Walker, BC Government and Social Service Employees' Union, Ken Union of Robinson, Hospitat Employees' Union, Barry O'Neill, BC Division of the Canadian public Employees BC,'and Reid Johnson, Health Sciences Association, dated February 11, 2OiO, re: tlarch as Community Social Services Awareness Month- February 15, 2. Letter from Gary Bass, Deputy Commissioner, Pacific Region, RCMP, dated 2010, re: Accountability, Oversight and Communications' Carried. D-t NOT RATIFIED'
DELEGATIONS:
Karen Campbell Pembina Institute
Karen Campbell made a presentation to the Board on the Enbridge Gateway Project.
After a question period, Chair Nyce thanked the Delegation.
MINUTES:
Presented were the Minutes of the January 22,2010, meeting of the Regional District of Kitimat Stikine.
R047-2410 MOVED by Director WeeberiDirector Sondergaard that the Minutes of the January 22,2010, meeting be accepted as presented. Carried.
BUSINESS ARISING OUT OF THE MINUTES:
R048-2010 MOVED by Director LanctoUDirector Weeber that resolution R012-05 be removed from the Business Arising out of the Minutes Report dated February 10,2010. Defeated.
R049-2010 MOVED by Director Pollard/Director Leclerc that Staff review the Business Arising Out of the Minutes Report and recommend which resolutions to remove. Carried.
CORRESPONDENGE:
R050-2010 MOVED by Director LanctoUDirector Corless that a letter from the Honourable Bill Bennett, Minister of Community and Rural Development, dated January 29, 2010, regarding Local Government Elections Task Force. be received for information. Carried.
R051-2010 MOVED by Director Leclerc/Director Corless that Directors provide comments on the Local Government Elections Task Force for Administration to compile and send to UBCM. Carried.
R052-2010 MOVED by Director LanctoUDirector Corless that a memo from Harry Nyce, President, UBCM, dated February 10,2010, regarding Local Government Elections Task Force - UBCM Member Consultation Meeting, be received for information. Carried.
R053-2010 MOVED by Director Corless/Director Leclerc that any Director interested be authorized to attend the Local Government Elections Task Force - UBCM Member Consultation Meeting, March 12, 2010. Carried.
R054-2010 MOVED by Director Corless/Director Leclerc that a letter from Councillor Bruce Christensen, Resolutions Chair, North Central Local Government Association, dated January 20, 2010, regarding Resolutions Submission Deadline: March 5, 2010, be received and that Administration send a resolution on the Emergency Measures Program Cuts and establishing mid February Statutory Holiday. Carried. 2 D-t3 NOT RATIFIED
R055-2010 MOVED by Director Leclerc/Director Corless that a letter from Murry Krause, Nominations Chair, North Central Local Government Association, dated January 22,2010, regarding Call for Nominations for 2010 - 2011 NCLGA Executive, be received and that the Regional District nom inate Di rector Lanctot as Reg ional Representative Kitimat-Stikine. Carried.
R056-2010 MOVED by Director Corless/Director Lanctot that a letter from the Honourable Gordon Campbell, Premier, dated February 1, 2010, regarding Funding for Emergency Management Training in Rural Communities, be received for information. Carried.
R057-2010 MOVED by Director Maitland/Director Corless that a letter from Roy Spooner, Barkerville Heritage Trust, dated February 18, 2010, regarding Barkerville's Restoration and Preservation Program, be received and that the Regional District provide a letter of support. Carried.
REPORTS:
R058-2010 MOVED by Director Leclerc/Director Sondergaard that a report from Administration, dated February 12,2010, regarding Heritage Advisory Commission, be received for information.
Carried.
Director Lanctot expanded on his report to the Board, dated February 8, 2010, regarding NCLGA Resolutions.
The meeting recessed at 8:05 p.m. and was scheduled to reconvene Saturday, February 20, 2010, at 9:00 a.m.
The meeting reconvened Saturday, February 20,2010 at 9:00 a.m.
PLANNING COMMITTEE: 1. Application to lnclude Land into the ALR - Old Remo: Lot A, District Lot 1738, Range 5, Goast District, Plan PRP14926
R059-2010 MOVED by Director MaitlandiDirector Sondergaard that a report from Administration, dated February 10, 2010, regarding Application to Include Land into the ALR - Old Remo: Lot A, District Lot 1738, Range 5, Coast District, Plan PRP14926, be received and thatthe Regional District support the application to include the remaining portion of Lot A, District Lot 1738, Range 5, Coast District, Plan PRP14926 into the Provincial Agricultural Land Reserve as ProPosed' carried.
3 D-l .\ NOT RATIFIED 2. Crown Land Application, Gommercial Purpose - Dease Lake: Lot 3, Block 2, Plan 1510, District Lot 3203, Gassiar District
R060-2010 MOVED by Director Maitland/Director Sondergaard that a report from Administration, dated February 8, 2010, regarding Crown Land Application No. 6407796, Commercial Purpose - Dease Lake: Lot 3, Block 2,Plan 1510, District Lot 3203, Cassiar District, be received and that the Regional District has no objections to the application by Dalziel Hunting Limited for lease with purchase option forcommercial purpose for Lot 3 of Block 2,Plan 1510, District Lot 3203 Cassiar District located at Dease Lake provided that as a condition of purchase the subject Crown Lot 3 is legally consolidated with the applicants' adjacent Lots 1 and 2, and that referral is also sent to the appropriate First Nation for their review and comment. Carried. 3. Licence of Occupation for Public Road - Telegraph Creek Area
R061-2010 MOVED by Director Maitland/Director Brocklebank that a report from Administration, dated February 9,2010, regarding Crown Land Application No. 6405407, Licence of Occupation for Public Road - Telegraph Creek Area, be received and that the Regional District has no objection to a Licence of Occupation for dedicated public road access provided that referral is also sent to the Tahltan Band Council for their review and comment. Carried. 4. Thornhill Zoning Bylaw Amendment - Ancillary Structures Residential Zones
R062-2010 MOVED by Director Maitland/Director Leclerc that a report from Administration, dated February 11, 2010, regarding Thornhill Zoning Bylaw Amendment - Ancillary Structures Residential Zones, be received; that under the Bylaw Section of the Agenda, give two readings to Thornhill Zoning Amendment Bylaw No. 583, 2O1O; that the Regional District set the Public Hearing for 7:00 p.m., Tuesday, March 16, 2010 in the Regional District Office; and that the Regional District appoint Directors Lanctot, Pollard and Ramsey to the Public Hearing Committee. Carried. 5. Application for Development Variance Permit No. 76 - 1430 Maple Street, Thornhill
R063-2010 MOVED by Director Maitland/Director Brocklebank that reports from Administration, dated February 11 & 18,2010, regarding Application for Development Variance Permit No. 76 - 1430 Maple Street, Thornhill, Lot 8, Block B of District Lot 1099, Range 5, Coast District, Plan 5217, be received; that the Board approve Development Variance Permit No. 76 requesting a height variance of 1.7 meters; and further approve the applicant's amended request for a total gross floor area variance of 58.4 square meters for an ancillary structure located at 1430 Maple Street in Thornhill. Carried.
6. Crown Land Application, Skyline Gold - Bronson Creek Airstrip
R064-2010 MOVED by Director Maitland/Director Brocklebank that a report from Administration, dated February 12, 2010, regarding Crown Land Application No. 6408244 Skyline Gold - Bronson Creek Airstrip, be received and that the Regional District has no objections to the application for land tenure by Skyline Gold Corporation provided that there is no conflict with other tenures and that a referral is sent to the appropriate First Nations groups for their review and comment.
Carried.
4 D-\ ; NOT RATIFIED
7. Crown Land Application, Black Hawk Drilling Ltd. - Bronson Greek Airstrip
R065-2010 MOVED by Director Maitland/Director Leclerc that a report from Administration, dated February 12,2010, regarding Crown Land Application No.6404190 Black Hawk Drilling Ltd. - Bronson Creek Airstrip, be received and that the Regional District has no objections to the application for License of Occupation by Black Hawk Drilling Ltd. provided that there is no conflict with other tenures and that a referral is sent to the appropriate First Nations groups for their review and comment. Carried.
8. Application for Development Variance Permit No. 56 - 3254 River Drive Thornhill
R066-2010 MOVED by Director Maitland/Director Leclerc that a report from Administration, dated February 18,2010, regarding Application for Development Variance Permit No. 56 - 3254 River Drive Thornhill, Amended Lot 3 (Plan 4589), District Lot 370, Range 5, Coast District, be received and that the Board approve that portion of Development Variance Permit No. 56 requesting a variance of 7.47 meters from the required front yard setback for the addition to the existing non-conforming house but not approve the requested 2.8 meter variance from the rear yard setback requirements for additions to the existing non-conforming ancillary building located at3254 River Drive in Thornhill. Carried.
9. Land Use Applications Status Report
R067-2010 MOVED by Director Maitland/Director Sondergaard that a report from Administration, dated February 19,2010, regarding Land Use Applications Status Report, be received for information.
Carried.
10. Nuisance Building -3841Paquette Avenue
R068-2010 MOVED by Director Maitland/Director Brocklebank that the Board of the Regional District of Kitimat-Stikine pursuant to Sections 797.1 , 725 and 698 of the Local Government Act and Division 12 of Part 3 of the Community Charter hereby resolves that:
1. the dwelling structure located a|3841 Paquette Avenue, Thornhill, British Columbia, legally described as District Lot4001, Plan 4550, Lot 10, Range 5 Coast District, PID: 011-513-519 is considered a nuisance and to be in or creates an unsafe condition. 2. the owneriagenUlessee and occupier of the building is hereby ordered to take the following remedial action within 45 days of the receipt of notice of this order:
Remove the dwelling structure in its entirety and fill in any resultant excavation to the median grade level of the surrounding area.
AND BE 1T FURTHER RESOLVED that the Bylaw Enforcement Officer of the Regional District of Kitimat-Stikine BE AND lS HEREBY AUTHORIZED in default of such remedial measures being undertaken by the owner, occupier or tenant, to carry out or have such work carried out and the expense charged to the owner, occupier or tenant. lf unpaid on December 31 in the year in which the work is done, the expense shall be added to and form part of the taxes to be paid on the real property as taxes in arrears or be collected as a debt.
Carried. D-(t NOT RATIFIED
PERSONNEL & FINANCE COMMITTEE:
R069-2010 MOVED by Director Weeber/Director Pollard that the Cheque Register for the period ending January 31,2010, for $842 ,034.10, be accepted as presented. Carried.
R070-2010 MOVED by Director Weeber/Director Frocklage that the Staff Payroll for the month ending January 31, 2010, for $125,390.59, be accepted as presented. Carried.
R071-2010 MOVED by Director Weeber/Director Brand Danuser that a memo from Ted Wilmer, Manager, Finance & Operations, UBCM, dated January 18, 2010, regarding 2010 UBCM Membership Dues, be received and that the Regional District renew their membership for 2Q1Q. Carried.
RO72-2010 MOVED by Director Weeber/Director Brand Danuser that a report from Administration, dated February 11,2010, regarding 2010 Parcel Tax Roll, be received and that the Board schedule tentative dates for the Parcel Tax Roll Review and appoint members to each Review Panel as follows:
South Hazelton Water System to be held: Wednesday, March 10,2010 at l0:00 to 12:00 noon. Members: Director Sondergaard, Treasurer, Verna Wickie, and Ann Wrathall.
Southwest Lakeview Grant-in-aid and Terrace Rural Water to be held: Friday, March 12,2070 from 1 1:00 - I :00 PM. Members: Director Ramsev. Treasurer Verna Wickie and Randv Musselman. Carried.
R073-2010 MOVED by Director Weeber/Director Brand Danuser that a report from Administration, dated February 8,2010, regarding 2010 Draft Five-Year Plan, be received and that the Board approve the 2010 Five-Year Plan. Carried.
R074-2010 MOVED by Director Weeber/Director Pollard that an email from Looking for Love Animal Shelter Society, dated January 11,2009, Letter from Kitimat Community Humane Society, dated February 15,2010 and Shelter Proposal, regarding Kitimat Animal Shelter Funding Request, be received and that the Regional District deny the funding request. Carried.
R075-2010 MOVED by Director Weeber/Director Sondergaard that a report from Administration, dated February 19, 2010, regarding Kitwanga Community Association Grant-in-aid Specified Area Bylaw No. 258, be received and that the Regional District proceed with a bylaw amendment to increase the $25,000 maximum annual requisition limit for the Kitwanga Community Association Grant-in-aid Service Area by 25% and provide public notice of the intent to proceed with this amendment. Carried.
BYLAWS:
Bylaw No.580
Presented for adoption was the Kitimat-Stikine South Hazelton Parks & Recreation Service Establishment Bylaw No. 580, 2O'lO. D-|1 NOT RATIFIED
R076-2010 MOVED by Director Sondergaard/Director Maitland that the KitimatStikine South Hazelton Parks & Recreation Service Establishment Bylaw No. 580,2010 be adopted. Carried.
Bylaw No.583
Introduced and presented for first and second reading was the KitimafStikine Thornhill Zoning Amendment Bylaw No. 583, 2010.
R077-2014 MOVED by Director Corless/Director Leclerc that the Kitimat-Stikine Thornhill Zoning Amendment Bylaw No. 583, 2010 be introduced and read for a first and second time by title only and passed in its first and second reading. Carried.
IN CAMERA:
RISE AND REPORT FROM THE IN CAMERA MEETING:
NEW BUSINESS:
R078-2010 MOVED by Director Leclerc/Director Pollard that Directors Lanctot and Ramsey be appointed as Regional District ex-officio representatives to the Enbridge Northern Gateway Project Community Advisory Board. Carried.
R079-2010 MOVED by Director LanctoVDirector Leclerc that the Regional District invite the Ministry of Forests to make a presentation to the Board on approvals of logging plans and compliance monitoring. Carried.
Director Pollard updated the Board on the Kalum Land and Resource Management Plan Committee and advised he would continue as local government representative but was stepping down as Chair.
Director Brocklebank requested Administration to continue to monitor the Pacific North Coast Integrated Management Area plan for potential effects including impact on the Sports Fishery.
R080-2010 MOVED by Director Brocklebanl
Next Meeting Date:
R081-2010 MOVED by Director Weeber/Director Leclerc that the next meeting be held, Friday, March 26, 2010, commencing at 7:00 p.m. and reconvening if necessary Saturday, March 27,2010.
Carried.
ECONOMIC DEVELOPMENT GOMMISSION:
R082-2010 MOVED by Director Ramsey/Director Weeber that the Regional District support an $8,240 Community Tourism Program grant for the Terrace Power & Sail Squadron's Kitsumkalum Lake Boat Launch Project. Carried. 7 D-t NOT RATIFIED
R083-2010 MOVED by Director Ramsey/Director Sondergaard that the Regional District support in principle the Terrace Rod & Gun Club project to upgrade the Terrace Rifle and Archery Range, support approval of a $30,000 Northern Trust Community Halls and Recreation Facilities grant for the Terrace Rifle Range, and recommend the Club seek other funding sources to cover the $72,000 shortfall. Carried.
R084-2010 MOVED by Director Ramsey/Director Lanctot that the Regional District support approval of a $30,000 Northern Trust Community Halls and Recreation Facilities grant for improvements to the Tse Kya Gathering Place at Hagwilget. Carried.
R085-2010 MOVED by Director Ramsey/Director Leclerc that the Regional District endorse the Wood Industry Attraction Initiative, that Administration be authorized to prepare a draft Memorandum of Understanding with the Skeena Nass Centre for Innovation on Resource Economics (SNICRE) to be ratified by the Regional Board and that the Regional Board approve an application for $20,000 under the Northern Trust "lndustry Attraction" program. Carried.
R086-2010 MOVED by Director Ramsey/Director Weeber that the Regional District support approval of a $10,000 Northern Trust Feasibility Studies and Marketing grant for the Shames Ski Area Feasibility and Business Planning Project. Carried.
ADJOURNMENT:
R087-2010 MOVED by Director Pollard/Director Corless that the meeting be adjourned. Carried.
The meeting adjourned at 10:00 a.m.
DULY APPROVED CERTIFIED CORRECT:
Chair Administrator
8 e-1 | OUTSTANDING BUSINESS ARISING OUT OF THE MINUTES March 17,2010 F -'1.1 Resolution ltem Status May 273&"':' ' :' ''j/"\'a'!ah': 453-Ulj'453{0. $cuily Ureeft Uoaes'!13-ii.:1.i.:.::,;'!::::;,,. 47]dl} I -TeleErqph Creek Sreet'Usftlii(i.Seryloat$ea ;',. ,. February Abeyance 046{1:;..:, ' ' June iig4l't:'"" 23941. November 5S342 56542 gooq"zobe September 4F443 i. :,,. . ,.;!i;a11, Monitor January 01245 Hon. :::Iabl€d
0J 4451@9{213 101 153-. {jtri' Meziadin :iAMi6rice February rc-02-05/492-03 Regional District Resource Inventory Map In Progress May 1.8.345 . :.,.,,\itiil,o, ,;.lrivit€Ii{ ;r, :: l September - -.:-:'1', r.,^-;r;i:,,:x1;.r.r,1':*iii'. r ii'.i: 304{211 : iil. ' .Ab yance a?2-wt?id68rtu-eilij41;{f February rc$ffit..". 'tir: , 105,,&,,.'i:'. ..:;', May ' ''':t";:" 2?44i6 ', ... ..ttt,,'," lnves,tigdd Fair.starg Bgidrnifor ttre No'rlhwiliii. |4;;'|n'"' , ' outstdndins 2371103-06 Catt Point Road/Westside Hydro-Extensions ":i Monitor August 31 0-06i026-06/61 9-02 Two Mile Water/Sewer Monitor ' : '::'""')',:: ',i;"'' '.. 33S46 '' . .1,'jiL. ",',llio''" NolthemCorinilotiohi;trpnsportal'on Projiilii;,.,., . ' ,:r ,. Manilor September
,: ',.'1, ...r ' , Bf4S.: Prinee Rupe.rtgbtrtainerlenninal Access 'i:;:,i:;il'." 1.. '.i: M-rj-nitor November 442t404t403-061 Regional Emergency Plan ln Progress rc-0'r-06/354-05 May 216-07 Telegraph Creek Road Hills - MOT Plans Monitor June 2(iwz ";": '-: September ,-;'._iru,Lgwne, i,. iiii';';;iiiii1i,; 'f $:"r Hed -Fko .. .." -."-... OutttanCing October 376{7/10745 BC Climate Action Charter - Forest Service Pile Burning/Smoke Control Plans Monitor November
December NR Review Treaty Negotiations/First Nalions RD Representation Monitor January
023-08 | 37 0 I 225-06/l C-0'l 8-05 RDKS Northern Boundary Extension Outstanding
01 6-05 I 449 I 447 | 426 1248 44 048-08 Skeena lce Arena Replacement Proiect Monitor February 064-08/402-07 Highway 113 and Highway 37 North corner reflectors Monitor r-t 2 March 124-08t272-05t344-99 Hazeltons' Regional TransiUPTA/PTIP/First Nalion Cost Sharing Agreement Outstanding
1 41 -08/261 -071389-03 Communily to Community Forum/Service Anangements - Tahltan Outstanding 145-08t424-06 Hagwilget Bridge Replacement Monitor April
1 78-08 Regional District Water Syslem Conservation $I ,gY,i;:l :l!/./lt, May
197 -081236|2351217 -07 | Proposed Landfill Diversion Credit Program/Recycling Program Options In Progress 072-04t437 -03t446-02 July
267 | 247 I 1 4 4 I 054 -08 | 27 1 | Skeena River Bank Flooding/Erosion - Investigation & Prolect Funding Monitor 270l066-07/339-03/334-99 269t183-08t324-07 t Thornhill Core Sewer System Grant Application Monitor 31 0-06/066-05 September 304/269/1 83-08 Lakelse Lake Sewer System Grant Application Monitor
31 I -08t27 4 -07 I 069-04/464-03 Cranberry Connector - Lobby Efforts Monitor October 345/1 58-08 Dease Lake Fire Department-PEP Accreditation In Progress December 404-08t487 t326-07 Hwy #37 Hydro Extension North Monitor 422t308t237-05
413t044-081 tC-251 Thornhill/Woodlands I mprovements Projects In Progress 4281427-07 4'13-2008 Dease Lake Recreation Centre Project In Progress March 088-09/097-06/1 90/1 89-98 City of Tenace/RDKS Cost Sharing Participation Anangemenls In Progress April 095-09 Old Lakelse Lake Road Hill - Sidewalks Monitor
1 1 8-09 K'SAN Funding Outstanding
1 20-09/209-05 Eliza Creek - Official Name Outstanding May
1 29-09/039-07 Emergency Phone/lnformation Signage - Meziadin Junction Monitor 1 45-09 Sign Control - Regulatory/Enforcement Strategy In Progress '146-09 Development Control - Inspection /Approval Strategy In Progress June 167-09/199{8/369-07 Regional District Boundary Signage Outstanding
1 87/1 65-09/1 08/1 09-08/ Lakelse Lake/Jackpine Flats Liquid Waste Management Plan In Progress 383/336/064-07/455/405-06/
065-05/07 1 -04/408-03 October
27 9 I 267 49 I 326 I 324 -08| Hazelton Rural Fire Service Aqreements In Progress 026-06/98{1 November 304-09 Forest Ken Hydro-electric Project - Alta Gas In Progress 322t243t200-09 South Hazelton lmorovement District Dissolution/Transfer In Progress December 342t1891164-09 f errace2o/o Accommodation Tax Monitor 359-09 Community Wildfire Plan-Tenace Area Fuel Management In Progress 371t3701369135412401 Forceman Ridge/Solid Waste Management Landfill Options/Financial Plan In Progress
238 I 226 49 | 038-0 3/587-02 372-09 Forest Based Green Technology Strategy In Progress
37 3 I 237 I 0 4 1 49 I 328 | 330 I Brauns lsland /Tenace North Water Svstem/North Tenace Sewer In Progress 111{8/311/310-06 066-05t237-041594-02
37 4 I 222 | 200 -09I 224 -08 South Hazelton Water System / Phase I and ll In Progress 259-06t46243fi12-02 380-09 Kitwanga Back Road lmprovemenls Reply Outstanding January 009-10 SNICERE Assistance In Progress
040/01 3-1 0 Solid Waste Management Service Bylaw In Progress 042-10 lskulStikine Wildlife Inventory Reply Outstanding 043-10 Lakelse Lake Watershed Society 2010 Budgel In Progress r-t 3 February Outstanding 051 -1 0 Elections Task Force Response In Progress 068-10 Nuisance Building Order - 3841 Paquette Outstanding 075-10 Kitwanga Grant-in-aid Bylaw Amendment In Progress 079-10 Ministry of Forest Presentation - logging plans/compliance Monitor 080-10 Tenace Rod & Gun Expansion Plans 08t10 SNICRE _ MOU In Progress F-t t
Legislative Office East Annex, Parliament Buildings Victoria, B.C. V8V 1X4 Phone: 250 953-4869 Fax: 250 387-9091 Constituency Office 83!2 - 74'n Avenue Province of P.O. Box 1110 British Columbia Osoyoos, B.C. VOH 1V0 Legislative Assembly John Slater, M.L.A. Phone: 250495-2042 Boundary Similkameen Toll-Free: | 877 652-4304 Parliamentary Secretary Fax: 250495-2077 for Water Supply and Allocation e-mail: [email protected] website: www.johnslatermla.bc.ca
February 24,2010
Dear Mayors, Councillors and Regional District Chairs:
In my letter to you dated December 17,2009I informed you that the provincial government is planning to modernize the ll'ater Act, a key commitment tn Living Water Smart: British Columbis's Water PIan. To help address this challenge, the Province launched the Living Water Smart blog to encourage water stewardship, share ideas and support dialogue on modemizin g the Water AcL
To further stimulate discussion and encourage participation, I am pleased to provide you with the enclosed Water Act Modemization Discussion Paper. The discussion paper proposes principles, goals and objectives to guide the process of modernizing the Water Act. The document also presents possible solutions and options to help realize the proposed goals and objectives.
The proposed solutions are a starting point for consideration and discussion and are intended to assist you in preparing a submission of suggestions or ideas for a modemized, Water Acl. The discussion paper will also help frame the upcoming series of Water Act modemization regional multi-stakeholder workshops that were recently announced.
Further information on modernizing the Water Act, the discussion paper and regional workshops is available from the Living Water Smart website at: www.livinswatersmart.ca. I also encourage you to visit the blog at:
I invite your feedback on all sections ofthe discussion paper and encourage your participation at the upcoming workshops. Your input will play an integral part of informing a modernized Water Act. e - t a
Sincerely,
John Slater, MLA Boundary-Similkameen Parliamentary Secretary for Water Supply and Allocation
Enclosure: British Columbia's Water Act Moderntzation Discussion Paper cc: Honourable Bill Bennett, Minister of Community and Rwal Development Gary Maclsaac, Executive Director, Union of British Columbia Municipalities G-t t
March 3,2010
U\r('\ (n Chair Harry Nyce
Bkr I r\H (il L\tD Regional District of Kitimat-Stikine \lt \t( lt\r^ illt i 300 - 4545 LazeIIe Avenue Terrace, BC V8G 4E1
Dear Chair Nyce: tuib60 1651 ShellkidgeWry Re:2009 RESOLUTIONS Richmd BribhCdurrrhia Canada V6(2!1t9 One or more resolutions sponsored by your Board and submitted for &.go% consideration at the 2009 Convention was referred to the UBCM Executive by hx 604,270.q16 Convention. &mit ubsnt&rbcrra
NESIDENT HARRYN}CE The UBCM Executive met on January 22, 2010 to consider all referred resolutions from 2009. Please find attached a copy of the referred resolution EGCUTTVED.INtsCTOR (s), as well as the Executive's decision on the resolution(s). GAR(MACDAAC Endorsed resolutions will be conveyed to the relevant government deparfunent or other organization.
Where a resolution is referred to a UBCM committee and the committee's decision is not provided, this means that the committee is undertaking further study of the resolution and will make recommendations at a fufure Executive meeting. Your Board will be notified of the final decision on such a resolution. Resolutions referred to the Elections Task Force or Steering Committee on Industrial Taxation will be considered as part of their work.
I trust this information will be of assistance to you. Please feel free to contact Reiko Tagami, UBCM Information & Resolutions Coordinator with any questions. Tel: 604 270 8226 ext. LL5 Email: [email protected]
Harry Nyce President
Enclosure
KITIMAT.STIKINE fr'2 2
200e Br4e TIGHTENING FACILITY PLANNING Kitimat-Stikine RD TIMELINES WHEREAS some health authority timelines for facility replacement planning currenfly average seven years from the time of approvul by the Ministry of Health and the regional hospital districL an unacceptable length of time for planning due to inflationary labour and material cost overmns; / AND WHEREAS the exaggerated time period also results in redundant costs to maintain existing facilities, and the repeated forecast needs and capacity revisions become a self-consuming process:
THEREFORE BE IT RESOLVED that the Province replace facilities in a timely marner, with the goal of. a 4-year length of time from initiat- approval of hospital replacement to construction where feasible. CONVENTION DECISION: NOT CONSIDERED - AUTOMATIC REFERRAL TO EXECUTIVE EXECUTIVE DECISION: ENDORSED AS AMENDED
RESOLUTIONS COMMITTEE COMMENTS The Resolutions Committee adoises that UBCM membership has not praiously considered a resolution requesting a mnximum 4-year length of time from initial approaal of hospital replacement to construction.
Requiring a maximum 4 year length of time may not be nppropriate andlor considered acceptable for nery community depending on their indiaidual circumstances.
Hotteuer, the membership has endorsed resolutions 2008-8129 and 2004-827, which requested that the Proaince inaest inhealth capital at a more appropriate lersel and replace facilitizs in a timely flMnner.
The Committee notes that this resolution was also endorsed and submitted by Bulkley-Nechako RD and Skeena-Queen Charlott e RD. fr'3 t
BRITISH Cor-ulrere The Best Place on Earth
March l l, 2010
. rf atF .\f Flany Nyce, Chair l,\ i Regional District of Kitimat-Stikine 300 - 4545 Lazelle Avenue Terrace, B.C. V8G 4EI
Dear Harry:
Thank you for your follow up letter regarding the economic impact of the closure of the Eurocan pulp mill in Kitimat.
I appreciate your taking the time to share your thoughts with me as they relate to the need for ongoing support in addressing the immediate challenges and ongoing concerns that the region will face in the longer term as a result of this closure. I have shared copies of your letter with the Honourable Bill Bennett, Minister of Community and Rural Development, and with the Honourable Pat Bell. Minister of Forests and Range, for their information as well.
Again, thank you for writing.
pc: Honourable Bill Bennett Honourable Pat Bell
Province of British Columbia vancouver 2010 PO Box 9041 Stn Prov Govt Office of the Premier (L- Victoria BC \W.gov.Dc.ca v8\r 9El F-Y I
BRITISH COLJVT-EIA The Best Place on Earth
Ref: 135040 l,{AR 0 I2010
Mr. Harry Nyce Chair Regional District of Kitimat-Stikine 3 00-4545 Lazelle Avenue Terrace, BC V8G 4E1
Dear Chair Nyce:
I am writing with regard to the British Columbia Climate Action Charter (Charter) and to encourage you to sign the Charter, making climate action apart of the future of your community.
I am pleased to share that, to date, 178 British Columbia local govemments have signed the Charter, along with the Province of British Columbia (Province) and the Union of British Columbia Municipalities (UBCM), demonstrating a significant shared commitment to address global warming, reduce greenhouse gas emissions and make all British Columbia communities more sustainable over the long term.
Under the Charter, local govemments pledge to three things: be carbon neutral in corporate operations by 2012; measure and report on their communities' greenhouse gas emission profile; and work to create complete, compact and more energy efficient communities.
I appreciate that the Charter may raise concerns for some local governments in terms of potential impiications, particularly for smaller communities. I want to assure you that the Province and the UBCM are committed tc building local government capacity to address climate change and ensure they have the tools and supports necessary to take action. For example, the provincial Climate Action Revenue Incentive Program provides grant funding to offset 100 percent of the carbon tax paid by local governments that have signed the Charter. In addition, the BC Climate Action toolkit (www.toolkit.bc.cal) has been developed to provide local governments with the latest in news, resources and advice on how to take action to reduce both corporate and community-wide greenhouse gas emissions.
l2
Ministry of CommunitY Office of the Deputy Minister Mailing Address: Location: Prov 6"'Floor, 800 Johnson Street and Rural DeveloPment PO Box 9490 Stn Govl Victoria BC V8W 9N7 Victoria Phone: 2503874104 www gov.bc.calcd Fa,x: 250 387-79'13 tr-'t 2
Mr. Harry Nyce Page2
I strongly believe that the Charter is an important step in helping us meet our collective climate action objectives. As we move forward together, I would ask that you consider signing the Charter and join in the development of a greener, more energy efficient and sustainable British Columbia with reduced greenhouse gas emissions.
If you remain disinclined to being a signatory to the Charter, I would very much appreciate knowing your reasons, as I want to understand clearly your motivation for not participating.
While I respect your right to choose not to engage in the process, I hope that through further discussion, we can come to an agreement that moves your community forward in partnership rvith the Province and communities across Britisb Colurnbia in taking action on climate change.
Sincerely,
-p,/i furi Dale Wall Deputy Minister pc: President Union of British Columbia Municipalities Cr-;'l
BRITISH ColulasIe
March 12,2010
I J il;
Mr. Harry Nyce Chair Regional District of Kitimat-Stikine 300 - 4545 Lazelle Avenue ferrace BC V8G 4El
Dear Mr. Nyce:
I am responding to your January 25,201 0 letter, regarding funding of F irst Itesponder, Emergency Management (EM) and Emergency Social Services (BSS) training in fiscal 20l0lll.
Historically, the BC Ilmergency Health Services Commission has helped puy to train the firefighters at the Justice Institute in exchange for departments voluntarily helping the paramedics. Cutting the training saved the Emergency Health Services Commission $250,000 a year and was part of a very difficult decision to find budget savings, More recently, the Emergency Health Service Commission reinstated $35,000 in funding as a temporary measure to '[-he ensure training needs are met through to the end of March 2010. Province and the Fire Chief s Association of British Columbia continue to be engaged in discussions to determine longer term solutions to this budget shortfall,
Efl and ESS training conlinnes to be lbnded by British Coh-rmbia Association of Emergency managers and Emergency Social Services Association through to the end of March 2010. The Province is currently exploring all possible avenues to help support local governments in funding this traininc in fiscal 2010111.
..t2
Ministry of Ofice of the Mailing Address: Public Safety Minister PO Box 9053 Stn Prov Govt and Solicitor General Victoria BC V8!f 9E2 (r'5'?-
Mr. Hany Nyce Page 2
We continue to immensely value the contribution that all emergency personnel and volunteers conttibute to the Province. Further, we recognize how extremely fortunate we are to have such a dedicated and committed group of people who donate their time and services to the benefit of all British Columbians.
Thank you for your letter and I can assure you that we are working to effectively resolve the issues you have highlighted.
Yours truly,
Kash Heed Solicitor General pc: The Honourable Kevin Kruger Mr. Robin Austin, MLA Mr. Doug Donaldson, MLA Mr. Gary Coons, MLA District of Kitimat North Central Local Government Association u-tt
To: Regional Board From: Administration Date: March 17,2010
Re: Local Government Treaty Advisory Committee
The attached memorandum has been distributed to northwest local governments. Given renewed treaty negotiations with Kitselas and Kitsumkalum, the Ministry of Aboriginal Relations and Reconciliation asked the Regional District to survey regional local governments on how they would like to be involved in these treaty negotiations.
Decisions are requested of each local government on:
(1) Whether or not to reconstitute the Skeena Treaty Advisory Committee (STAC) (2) Whether or not to modify the STAC membership or geographic area covered by the Advisory Committee (3) An appointment from each local government to the STAC. (4) Desired level of participation within the STAC (e.9., active member or observer).
Local councils might also begin to consider preferences regarding a STAC representative to the treaty negotiations. Former Kitimat Mayor George Thom was the TAC representative in earlier rounds of treaty negotiations in the region.
The Regional District Board is also asked to comment on the four issues listed above. At the February Board meeting the Board appointed Director Lanctot as its STAC representative.
Recommendation
That the Skeena Treaty Advisory Gommittee be reconstituted for at least the Tsimshian Treaty Area and that the Regional District be an active member on that Committee.
Prepared by/contact Bob Marcel I i n/And rew Webber
H-t & Resional District of Kitimat-Stikine 300 - 4545 Lazelle Avenue Tenace, BC VBG 4E1 Tel (250) 615-6100 Fax (250) 635-9222 Our file no STAC
TO: Boards and Councils Village of Hazelton District of Kitimat District of New Hazelton District of Port Edward City of Prince Rupert District of Stewart City of Terrace Regional District of Kitimat-Stikine Skeena Queen Charlotte Regional District
FROM: Bob Marcellin Administrator
DATE: March 17,2010
RE: Local Government Treaty Advisory Commiftee Kitselas/Kitsumkalum Treaty Tables
ln response to renewed activities at the Kitselas and Kitsumkalum Treaty Tables the Ministry of Aboriginal Relations and Reconciliation has requested direction from the Regional District on how to involve local government in these current treaty negotiations, to share information, consider local government interests and seek advice on matters affecting local government jurisdiction. Usually involvement is through a Treaty Advisory Committee (TAC) comprised of affected local governments with a TAC representative appointed to liaise with the Provincial Negotiation Team. Previously this role was provided by the Skeena TAC. First established in 1996 the Skeena TAC was formed to deal with the Nisga'a, Tsimshian and Haisla Tables and later the Gitanyow and Gitxsan Tables. The Skeena TAC has been inactive for several years due to inactivity at the negotiating tables.
Originally the Skeena TAC consisted of the Chair/Mayor or delegate from the Regional District of Kitimat-Stikine, Skeena Queen Charlotte Regional District, Village of Hazelton, District of Kitimat, District of New Hazelton, District of Port Edward, City of Prince Rupert, District of Stewart and City of Terrace. Regional District of Kitimat-Stikine administration provided the Secretariat function. Former Kitimat Mayor George Thom was engaged as the Skeena TAC Associate to act as the Skeena TAC representative and to report to TAC.
At a recently held Local Government Treaty Orientation Workshop in Terrace it was suggested that the Skeena TAC be reactivated and that local governments in the area be canvassed regarding support and participation in a reactivated TAC. Please confirm Board/Council interest in a reactivated TAC along previous or modified lines. Appointment of a delegate in the event a TAC is reestablished would also be useful.
Attachments: Skeena TAC Inaugural Terms of Reference Skeena TAC Associate Terms of Reference UBCM and Province of BC Local Government Treaty Participation Protocol
N1RDKS Admin\General AdministratoMdministrato/s Lette6\201o\Local Govmmenl Treaty Advisory Kilselas Kitsumkalum Trealy Tables{3 17-10-doc t1 -t 3
January 18,2OLO Province of British Columbia
{ \
[ocal Government Treaty Orientation Workshop
Regional District of Kitimat Stikine and City of Terrace
Location: Regional District of Kitimat Stikine, Suite 300, 4545 Lazelle Avenue, Terrace, BC
Draft Aeenda
7. Treaty Orientation
2. Local Government Treaty Advisory Committees
a. Protocol between uBcM and Province of British cotumbia
b. Decision: Reconstitution of Kitimat-stikine Treaty Advisory Committee
c. Appoinment of Kitimat-Stikine Treaty Advisory Committee Representative to Provincial Negotiation Team
3. Update,'Tfeaty Negotiations, Tsimshian First Nation Treaty society l-/-t..l
l*
Discussion Record of Inaugural Skeena Treaty Advisory Committee (TAC) Meeting February 2, L995 Kitimat Stikine Regional District Boardroom
Present:
District of Kitimat Trafford Hall, Ad ministrator (altemate)
District of New Hazelton Councillor Peter Weeber
District of Port Edward Mayor Edward WamPler
City of Prince RuPert Mayor John Kuz
District of Stewait - ---MayorAndY Burton
City of Terrace Mayor Jack Talstra Kitimat-Stikine RI) Chairperson Joanne Monaghan
Skeena-Queen Charlotte RI) Bryce Barnewall, Administrator
UBCM Richard TaYlor to Chaiqperson ]oanne Monaghan, Kitimat Stikine Regional District called the meeting order at 10:10 am and welcomed those present'
Richard Taylor reviewed the purposes of the meeting. He explllned T"3ty Advisory Committe", *"." provided fot .rt aer the Protocol between UBCM and the provincial goverrunent. Copies of the "Protoco and the Urrion of BC Municipalities" ut a tlr" "Memorand n the Province of BC and the Union of BC Municipalities" suggested that TAC e members reviewed the four important clauses H-i i
the "main table" negotiation process, and is designed to deal with a specific genre or xfu-set of issues and includes the principal parties to the main negotiation table and, in this case, locil goa ernmen t rep resen t atiae s.
A general discussion ensued on the confidentially provisions. Clarification will be sought on how the confidentiality provisions of the Nisga'a negotiations would affect this TAC Process. The provisions of the Sechelt framework agreement were mentioned favourably.
CONFIRMATION OF "BOUNDARIES' AND CONFIRMATION OF "MFMBERSHIP'
Itwas agreed that the following municipalities and regional districts together with the representatives approved by council or boards would corstitute the TAC: Village of Hazelton Mayor Alice Maitland District of Kitimat Mayor Richard Wozney Trafford Hall, Administrator (alternate) District of New Hazelton Councillor Peter Weeber District of Port Edward MayorEdward Wampler Robert Earl, Administrator (alternate) City of Prince Rupert Mayor John Kuz District of Stewart Mayor Andy Burton City of Terrace Mayor Jack Talstra Councillor Val George (alternate) Kitimat-Stikine RI) Chairperson Joanne Monaghan Skeena-Queen Charlotte RI) Bryce Barnewall, Administrator
It was agreed that this TAC should be the TAC provided for under the Protocol for the Pu{Poses of the present Nisga'a and forthcoming Ts aisla negotiations. 'athtc^'yott i*o €nxsit' fiao;D z.o{a.t - ftr"4';;inerz {/Q'L A concern was expressed about the need for coordination with adjacent TACs. A ioint meeting at sometime was suggested. As a member of the Provincial Regional Caucus it was suggested the TAC representative should become aware of adjoining negotiations and communicate this information to the full Skeena TAC.
The focus of the TAC initial work should be to identify interests and that point 2 in the Protocol was the basic Terms of Reference of the TAC.
NOTICE TO THE PROVINCIAL GOVERNMENT t-tL
. attend Provincial Regional Caucus and Treaty Negotiations as needed; . inform and consult with the TAC on local interests affected; and r identify local goverrunent issues and prepare suggested responses. B) KNOWLEDGE/SruITS . familiarity with the region and local govemment issues and concems; e good analytic skills and including the ability to analyze treaty (legal language); and o familiar with the negotiation process under BC Treaty Commission agreement.
A draft advertisement would be prepared by staff and circulated to the members for approval. It would appear in the five local papers (Prince Rupert, Terrace, Kitimat, Stewart and Smithers). Costs of the ad would be paid by Kitimat Stikine Regional District on the understanding that a share would be recovered from Skeena Queen Charlotte Regional District.
A working budget was discussed based on 10 day commitment of TAC representative time per month, travel, secretariat out of pocket costs and a small contingency. It was estimated that $60,000 would be needed a year to mount this level of effort. Due to the precedent nature of Nisga'a and other new negotiations UBCM wishes to play a role in assisting with the analysis of mandate and policy issues.
It was agreed that the two regional districts be requested to make a budget allocation and that the provincial government be approached for support of the TAC.
It was agreed that a Press Release would be issued by the Chair.
The meeting adjourned at 1:00 pm
25.85.T-SF2M * ." Jarr. 3. 1996 l1:08/.M UN ION OF BC I./IUN I C IPAL I T I ES llo. 5:i94 P 3/g f) -l 1
ROLES AND RESPONSIBILITIES OF THE SKEENA TREATY ADVISORY COMMITTEE ASS OCIATE
This document establishes the roles and responsibilities of the Skeena TAC associate with respect to participation in heaty negotiations.
The appointment is made in the context of IIBCM/Ministry of Aboriginal Affairs Protocol on loczl tove[lment involvernent in Treaty Negotiations- l- scoPE
The Village of Hazelton Diskicts of Kitimat, New Flazelton, Port Edward and Stewart and rerrace together with the skeena-eueen charlotte stikine Regional District constitute the skeena Treaty
The TAC Associate representative appointment is made with respect to the provincial tovernEtelt Nr-1ga'a negotiab,ng team and shall be the TAC Representative within the meaningof the hotocol.
The TAC representative may be called on to monitor or represent local governnrent at other negotiations at the direction of the TAC.
should identi-fy arrd inform TAC or uBcM Aborisinal Affairs of ecope of direct responsibilities that would be of concern to ts.
2. GENERAL RESPONSIBILTTIES
ptiPary PurPose of thgTAC is to be responsible for identifying and deterrrining whatt. issues 'dir_ectly -affect local government' and proriaing advice r.I recornmendations through the Provincial Regional Cauctrs to the hovinaaf rregotiators as to the local govemment interest in those issues.
The overall role arrd resporuibility of the TAC Rep is to: ' monitor, review and report on negotiations; ' attend Provincial Regional Caucus and treaty negotiations as the TAC represerrtative; . identify locd governrnent issues and prepare reqponses; and . inform and consult with the TAC on local interests affected.
Other responsibilities indude: . SupportlocalgovemurentrcpresentativesattendingRAG . ljn J. l99t) I 1 :094lv| Ulll0N 0F B(l }JIJNICIPALITIES r,ro 53t4 P S/rt H-l )
The TAC Rep shall establish means of deterrnining the local government interests. The TAS Rep shall report regulatly to the TAc chair and tull TAC on pragress of negotiations.
The TAC Rep shdl immediately seek the views of the TAC when a matter is tabled that has not previously been discusied by the TAC and has local gor"*"nt implications. 3.3 ADMINISTRATION
The basic administration supportwillbe providedbyKitimat-Stikine RegionalDisrrict. This indudes fax, photocopying, meetingioom etc.
The TAC representative is responsible forTAC adminishatioru induding ' notice of rreetings . agenda and materials ' rninutes . other logistical arrangenrents
4. OTHER
4.7 RELATIONSHIPTOMEPN
Th9 TAC Rep shall only deal with the media on the instmctions of the TAC Chair who is the primarily media spokesperson for the TAC.
5. UNDERSTANDINGS
In as much that the Skeena TAC does not have a forrnal agreement with the prowincial government on the conduct of negotiations the Skeena faC understandiigr of the relationship are set out in AppendirA.
6. FINANCVADMINISTRATION
fJt_e faC Rep shall have the discretion in detenrrining which sessions are relevant and of importance to local governmmt to attend
The TAC Rep shall PrePare regular work plans for the consideration of the TAC Chair-
Date: Mzy 9,1995 .Jtn.3.l996 ll:lOA[4 UNION ClF BI }l[UiIIIiI,i.LITIES Ho 53e4 P 6/s t-l- I q
APPENDIX A
UNDERSTANDING OF THE RELATIONSHIP BETWEEN SKBBNA TAC AND PROVINCIAL NISGA'A NEGOTIATING TEAM
DEEINIIIONS
nMolJ'mealB "MElron'ruriDuMoFuwpeRstaNDnrIG" or the agreement signedbetween the Province of British Columbia and the Union of BC Municip"alities on March ZZ,199g- okot@ot" means the agreement signed between the Province of British Columbiaand the Union of BC Municipalities on Septemb er 19,1994 regarding iocal government participation in healr negotiations. nk'ovINCIALTBAM" means the British Colurnbia govenrnent's foeatynegotiations team for the Nisga'a negotiations, nCHtEF NgcorhroR" means the Negotiator mandated. by the province to lead and conduct the bea$r negotiations for the province of the Nisgia n.go6u6o*.
"REGIONaL CAUCUS' means that ca.u5us composed of provincial line minisbry, crown lgrporation and agency staff, officials and consultants which provides advice to the Chief Negotiator regarding provincial interests.
"REGIONAL ADr/SORY COMMITIEE', or ',RACU means the committee of nthird party' interests, including local 6overnment, that provides advice to British Columbia and canada regarding their interests in the Nisga;a negotiations. nTRn^ATy orAC', ADyIsoRy cot,wrrrreEo or means the committee composed of elected officials for local governmenb to provide advice to and, participate iri tf," negotiation proc€ss in the Nisga'a negotiation area/ as per S.4c of the protocoi
'TAC CHArRn means the etected official who, by agreenrent of the TAC, chairs the TAC arrd has the responsibility of the conduct of the ieC-
"TAC RBP, means the individual nomirrated by the TAC to be the official liaison, s_pokesperson and representative of the TAC in the Nisga'a negotiations, as per S.4c oi the Protocol
7 PARTICIPATION IN NEGOTIATIONS
a) For adninistrative Pu{pos-es, the Skema TAC witl be cornposed o( local government represmtatives from within the sphere of socio+conomic influence of treaty negotiations affecting the local governmmts, within the northwest of BC. (jF . Jan. 3. l996 I I : llA)'{ UNIOH BC ilIU}'IICIPALITIES l{0. 5394 P, 8/9 H - | lD
b) The Chief Negotiator will appoint one person from the provincial negotiating team to act a theliaison to the TAC and local government
c) The Chief Negotiator is responsible to the provincial governrnent for the conduct of the negotiations.
d) The TAC is resporuible to its constihrent local governments irr relation to the task of the identifying direct local government interests in each negotiation and ensuring they are accounted for in the negotiation process.
e) The TAC Chair has the ultimate responsibility for the operatiorrs and conduct of the TAC and for its relations with the Treaty Negotiator and the province- The TAC Chair is the signing authority for the TAC.
The TAC Rep has a dual responsibility - to the Chief Negotiator as a member of the provincial tearn and to the TAC Chair and the TAC as the official representative of the TAC to the provincial tearru
(1) in all matters h"tiqg to do with the conduct of negotiations, the TAC Rep's p;nnry resporuibility is to the Chief Negotiator-
(2) In all matters related to the substance of the negotiations, the TAC Rep has the responsibility, as per Section 4.d-Z of the Protocol, for identifying and deterrrining what issues 'directly affect local goverment'r and for providing related advice and recommendations to the Chief Negotiator.
CONPIDENTIATITY AND INFORMATION SI{ARING
4 The TAC Rep, the TAC and the local governrnents they represent and all staff and contract personnel are subject to any and all rules of confidentidity that may be agreed to by Canada, the Province and the First naHon, and as set out in their agreements, for the full duration of each set of negotiations and as agreed to in the UBCMhotocol.
b) The TAC Rep may share with the TAC any infonnation from sessions whidr the parties have detersrined to be public.
c) The TAC Rep, subject to the terms of above, may share with the TAC inftnnation which is available only to the Parties and whish directly affects local govemments-
d) The TAC Rep will share the information set out above with the TAC only if each meurber agrees on behalf of their local government that they wtll confine discussion of this information to nin carneran sessions of their local governments and not to disdose sudr information to the public until the information is made H-lt1
MruonelrouM Uuoens-renorvc 9F bct tcert rHr PnouxcE oF BnrnsH Coruunrn and nrn Umon or Bnrrrsn Coruunn Mulucpeunrs
r,ocer cormnNrr.c# penrrcrpenoN rN rnr Nrw Rmenoxsnrp wrrH Frnsr N^lnoxs rN BC
l,lernorandurn of Understanding (MOU) fhis The Parties rccogr.izc thac local govcrnmcnc I rcplaccs a prcviously signcd MOU and rwo jurisdiccions may bc afected by drc ncgociarion ofland, supporcing Prorocol Agrccmcne which dealr wirh local rcsourcc and cconomic developmcnr agrcemcncs govcrnmcnt with parricipacion in rcary negoriadors. This First Necioru. new MOU incorporeEcs drc spirit and intcnr of tlosc The Pardcs accept drat local govcrnmcnr corudtutes carlicr commiuncns and cnends thcm a to includc unique and special interest in rhcnegodadon of a ralge thc negotiation and implcmenetion of thc full rengc of agrcemcnts wi*r First Nadorx iJuding mod.- ofagrccmcnts cncompasscd by thc provincc's New dly trcadcs and non-ueary land rcsourcc and Rdadonship wirh FirsrNarions in B.C- iconomic dcvclopmen c arrangcmcncs. The Partics acknowledge TTIE PARTIES: drar local tovernrnencs are dcvclopingworking reladonships ori,l, .h.i. Fi.r. Nadons neighbours and d-rat dris MOU Thcparties to r.his MOU are encourages local govemmencs and First Natio* ao .o^-unla. . Thc Provincc ofBritish Columbia (rJrc province) as and inform each odrcr about marers ofmutual interesc represcnccd by thc Minisry ofAboriginal Relacions and Rcconciliation (MARR): and THEREFORB . lThc Union of Bricish Columbia Municipalitics (UBCM) rcpresencing all municipalide; and This MOU rcflecrs regional dissics of Brlcish Col_rmbia rl-re dcvclopment of the relationship bcrwecn dre Pardes in responsc o thc evoludon of the rcary process and progress made since the Ncw \trHEREAS: Reladonship vision documcnt was developed in 200 5- It defincs a rencwed commirmenc by tj,rc parcics ro, The Pardes agrcc drar recent courc dccisions have rcsufted in changes to thc way the Crown consula widr o conrinue a process for local governme nc First Nadons wirh.respecr to decisions madc by the participarion in rhc negociadon and Crown thar have rhe potcncial co impacr Aboriginal implemcntacion rights and tide. of treaties: . consulr and cxchange information wi*r local The Pardes a&nowledgc rhat thc province and B.C- govcrnmcnts on other agrccmenrs outside drc B-C. trearyprocess: and . :" consuh on mattcrs ofmutual interesr including tJrose marters rhat will have a signficant imp.i on lool government j urisfi ctron.
The Hon- Michael deJong Srran Gimse, President Minister ofAboriginal Relations md Reconciliation Union of BC Municipalicies
a-- t- z-z-.-z-"'r..-R " Datc First Nacions Relacions Commireq UBCM H-\ tg 't
Tieatylmplemcntation: Prior to thc cffective dare, local governmcnr and rhc Province will discuss local
The loca.l govcmmcnt and how localgovernment will be decc involved/informed during drc implemencation of thcsc *H{"r'" invo information ro participation ar meerings and providing advicc. On d're eFcctivc date, the Firsr Nation and neigfrbouringlocal govcmmena \ ,ilI dcal dirccdy with Local Government each other. Local govcrnmcnts and rJre First Narion will work togethcr to dcvclop and build dreir relationship. ed advisors to Attend..ce Local govemmcnr rcprcscnmrives thcir interests. artend ueary-rclatcd Based on thcir intcrests and the level ofactiviry ofa induding main tablcs, sidc ncgodadon, local governments and drc province will joindy ilaceral mccdngs. dcterminc dre levcl of involvcmcnr ranging from receiving information Interests: Local govcrnmcnr reprcscnratives arc to pardcipadon at mecrings arrd providing advicc. rcsponsible for dcfining and rcpresencing t}reir inrercsrs in mattcrs relarcd ro negotiadons and for sharing rhcse Locd govcrnmcns ane responsiblc for dcfiningand sharing intcrests and orher relevanr informacion wirh r_he rhcir intcrqss and odrcr relevanr information provincial ncgodadng cam. with rhc Provincc, and will advise the provhce how their inrerests may Provirling advice Locd govemmenr rcpresenedvcs be addressed- will cngagc in discussioru and contribute advicc on all Local governmcnE represcntarives are subject co any matcers conccming the furure local govemment-First and all confdcndaliry rules and pracdccs drar apply ro Nation reladonship. a negodacion. Thcy may, a6cr consultacion with the Provhce, sharc confdendal informarion wir:h dreir Sructure V/ifiin dre area defned by a First Nation,s respccdve councils and regional disricr boards, odrer Statcment of lnrcnq local govcrnmcnrs will collccrively local govcrnmencs or TACs, and with UBCM on an dctcrminc how rhcy will be organized to participate in in-camera basis. a negociation - c-g. as a TAC or an altemarc strucrure _ goriator of contacr(s) CovrvrurqcerroN BETwEEr.r THE PRovINcEAND THE UBCM Involvenenc Based on thcir inrcrests and the levcl of acdviryat rl-rc specific trcary tablc, local govcrnmencs The Provincc will share information with UBCM and/ may dcterminc the levd ro which thev wish to be or a body dcsignarcd by r.hc UBCM on dle provincc's involvcd ranging from receiving informadon ro approaches ro rhc devclopment of non-treary hiciatives participation ar mecdngs and providing advice. under d're New Rclationship. The parrics will work together on idenriSing the appropriare Confidentiality: Local govcrnmcnr represcnca.ives avcnues for rlis informadon sharing. who participarc in TACs or aftemarc srucrures irre The subjccr to any and all con6dentialicy rules and pracdces Provincc will providc UBCM with: thar apply to a negodacion. . a lisr of all conduded agre emenu with First Nadons They may, after corsultation wirh the lead provincial updaced sem i-annually; and negotiator, share confidenrial informadon with rheir . a currcnt li$ ofprovincial governmeor contac$ reqpccrive councfu and rcgional district boards, odrcr updatcd scmi-annu"Ily. local governments or TACs, and widr UBCM on an UBCM will monitor drc progress ofprovincial in-camera basis. notificacion and consulation with local govemmens on relevanr agrcemcnts witl Firsr Nacions. Rous eNo RrsroNstrrurrrs RespecrrNc Ornrn Acnmumms RsvrEw
The Province This MOU will be revicwed *re e years from the date ofsigning unless che Parcies The Province will initiare contacr witi a local joindlragrec ro an earlier governmcntwhen;
. an agrcemcnt witha First Nacion on a maccr rcladng to land, resources or cconomic developmenc wiII bc ncgociaed; and . drc outcomc of negotiarions will afFccr the local governmcnci jurisdicrion, operacions or provision ofscrviccs. H-r l
To: Regional Board From: Administration
Date: March 9, 2010
Re: Red Ghris Mine EnvironmentalAssessment Gertificate
Below is text from an email sent by the BC Environmental Assessment Office (EAO). The Red Chris Development Company is requesting a five year extension on the mine development approval issued in August 2005. The Red Chris property is located just southeast of lskut. The project was taken through the environmental review process by bcMetals. Ownership of the property is currently held by lmperial Metals. ln the Certificate Extension Request, the company notes the project was delayed by court proceedings regarding the issuing of federal government approvals. The project was also awaiting progress on electrical power availability. Construction of the Northwest Transmission Line to Bob Quinn improves the viability of the project. The 2005 environmental review however did not evaluate a transmission line from Tatogga to Bob Quinn. The project for the purposes of the environmental review ended at Highway 37 near Tatogga, evaluating an access road and powerline between the highway and the minesite. lssues for the Regional District at the time of the environmental review focused on local recruitment and potential social impacts on lskut. There is also a concern that waste from the mine or camp not overrun the landfill north of lskut. None of these issues prevent support for a five year extension to the EA Certificate.
At some point approval will be needed by the mining company or builder of an electrical transmission line for a line from Bob Quinn, where the Northwest Transmission line is to terminate, and Tatogga Lake. The Regional District should be very reluctant to accept a powerline constructed at a scale and along a route which only meets the needs of the Red Chris project.
You are receiving this e-mail because, according to the EnvironmenfalAssessmenf Office (EAO)'s records, your agency or First Nation was involved in the environmental assessrnent (EA) of the Red Chris Porphyry Copper Gold Mine Project (Project). Red Chris Development Company Ltd. (Proponent) wrote to EAO on February 25, 2010, requesting a five-year extension for the EA certificate that vvas issued for the Project. I have attached this letter for your information.
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The original EA certificate for the Project was lssued on August 24, 2005. Condition #8 of the EA certificafe sfafes that the Project must be substantially started within five years from the date the EA certificate was lssued or the EA certificate will expire. The Proponent has provided reasons in its letter why the Project has not been substantially started.
The EnvironmentalAssessment Act (Act) provides for a one-time extension of an EA certificate for up to five years. As per the policy and practice of EAO, when a proponent requesfs such an extension, appropriate regulatory agencies and First Nations are provided an opportunity to comment on the request. H-)?
Io asslsf with EAO decision-making, please respond to the following question:
' After reviewing the EA certificate, including allthe mitigation meas.tres contained therein, has there been any material and specific changes in circumstances since the original EA that could impact the conclusions reached in the EA certificate? That is, after considering the effect of allthe mitigation measures, are there still changes in circumstances that should be considered by EAO in deciding whether to grant an extension to the EA certificate?
It is important to note that this referral relates solely to the Proponentb reguesf for an extension for its EA cerlificate and is not intended to re-visitissues that were addressed in the original EA of the Project.
Given the nature of this referral, we ask for your response by March 31, 2010. If you do not provide comments by that date, EAO will assume that you do not have any concerns with the Proponent's requesf. Please note that EAO may request the Proponent to respond to any comments you may submit.
Once all the relevant information is gathered, a decision will be made by either the Executive Director of EAO or the Minister of Environment (both are given the authority to make this decision under the Act) to:
-extend the deadline specified in the EA certificate, on one occasion only, for not more than five years; or, -refuse to extend the deadline.
A copy of the original EA certificate along with additional information about the EA of the Project can be viewed at the EAO's website at: 23B.html
Yours truly,
Garry Alexander Project Assessme nt D irector
Recommendation: write the BG Environmental Assessment Office supporting an extension to the Environmental Assessment Certificate for the Red Ghris Mine and advise Red Ghris Development Company and the EAO of its position regarding extension of the provincial electrical grid along the Highway 37 corridor.
Prepared by/contact Andrew Webber tl-?3
February 25,2010
Mr. Garry Alexander Project Assessment Director Environmental Assessment Office 2no floor 836 Yates Street PO Box 9426 Stn Prov Govt Victoria, BC. VBW 9V1
Dear Mr. Alexander:
Re: Red Chris Project - EA Certificate M05-02 Request for a Five-Year Extension of the EA Certificate M05-02
Please accept this letter as our request for a five-year extension of the Red Chris Porphyry Copper-Gold Mine Project ("Project") Environmental Assessment Certificate M05-02 ("Certificate") under Section 18 of the Environmental Assessment Act SBC 2002, c.43 ("Act").
Condition B of the Ceftificate requires RCDC to substantially start construction of the Project within five years of the date of issuance of the Certificate, August 24th,2005.
Construction of the Project has not been substantially started for two reasons:
1. Development of the Project was delayed by a judicial review of the validity of Federal environmental approvals for the Project. This judicial review was initiated in the Federal Couft in June 2006 and ultimately decided by the Supreme Court of Canada. In a decision released on January 21,2010 the Supreme Couft of Canada declined to set aside the Federal Government's environmental assessment of the Project and ruled there was no justification in requiring Red Chris to repeat the environmental assessment process when there was no challenge to the substantive decisions made by Federal Responsible Authorities.
2. Development of the Project was contingent upon a positive commitment by the Province on the availability of hydroelectric power for the Project from BC Hydro at Highway 37 near Tatogga at standard industrial rates or other form feasible for the viability of the Project or an alternative viable power source including all necessary approvals as may be required under the Environ menfal Asses sme nt Act.
lil'ql {.iiril l}r'rg.}c1r1111"111 { r;ullr;ir:r l"t
RCDC is requesting that the Certificate be extended under Section 18(4) of the Act for a five year period. RCDC understands that under the Act, an extension to the Certificate can only occur on one occasion, yet RCDC will appreciate your consideration for extension in light of the above circumstances where RCDC could not have started any developmentalwork on site.
Thank you for your considerations in this matter. Please always feel welcome to cafl me at (604) 488 2673 or email me at [email protected] if you have any question.
Regards,
Yours very truly, Development Gompany Ltd.
Red Chris Developmcnt Cornpanl' [,td. 488 - 625 Howe St., Vancouver, British Columbia, Canada V6C2T6 Tel: l (604)683 0140 Fa* | (604) 683 0126 5-ll
REGIONAL DISTRICT OF KITIMAT.STIKINE BYlaw No.581
A bylaw to amend the Garbage Disposal Local Service Establishment Bylaw No.330, 1992.
WHEREAS under Garbage Disposal Local Service Establishment Bylaw No. 330, 1992, (.Bylaw No. 330") the Regional District of Kitimat-Stikine established a service for the purpose of converting authority for garbage disposal within Electoral Areas A, B, C, D and E. the District oi New Hazelton and the Village of Hazelton originally granted by supplementary Letters Patent, to a service established by bylaw;
AND WHEREAS the Board of the Regional District of Kitimat-Stikine wishes to amend the service established by Bylaw No. 330;
AND WHEREAS two-thirds of the participants in the service have consented to the adoption of this Bylaw;
AND WHEREAS the approval of the Inspector of Municipalities has been obtained under Section 802(3) of the Local Government Act;
NOW THEREFORE, the Board of the Regional District of Kitimat-Stikine in open meeting assembled enacts as follows:
1. Garbage Disposal Local Service Establishment Bylaw No.330, 1992 is amended as follows:
1.1 by deleting section 1 and replacing it with the following:
'The function of Garbage Disposal amended under Garbage Disposal Local Service Establishment Bylaw No. 330, 1992 continues as a service for:
(a) the operation of municipal solid waste disposalfacilities;
(b) the operation of a service for the collection, storage and management of municipal solid waste and recyclable material; and
(c) the provision of other services in connection with the services under (a) or (b) that may from time to time be authorized by an approved solid waste management Plan."
1.2 by deleting section 3 and replacing it with the following: ,'The costs of providing the service established under Section 1 shall be recovered by one or more of the following: (a) property value taxes imposed in accordance with Division 4.3, of Part 24 of the Local Government Act; K-\ 7 -2-
(b) fees and charges imposed under section 363 of the Local Government Act:
(c) revenues raised by way of agreement, enterprise, gift, grant or othenruise; or
(d) revenues raised by other means authorized under the Local Government Act or another Act."
1.3 by deleting Section 4 and replacing it with the following:
"The maximum amount that may be requisitioned annually under Section 805 and Section 806 of the Local Government Act shall be $1 ,250,000.00."
"This Bylaw may be cited as the "Kitimat-Stikine Solid Waste and Recyclable Material Management Service Establishment Amendment Bylaw No. 581 ,2010."
READ a first time this 22"o _day of January ,2010.
READ a second time this 22no day of January - ,2010. READ a third time this 22"d day of Januarv - ,2010. CONSENT of the Village of Hazelton, District of New Hazelton and Electoral Areas A, B, C, D, and E Directors obtained this 16th day of Februarv ,2010. - APPROVED by the Inspector of Municipalities on the 5th day of---Merch-, 2010.
ADOPTED this day of ,2010.
Chair Administrator n- 2'l
REGIONAL DISTRICT OF KITIMAT.STIKINE Bylaw No.583
A bylaw to amend the Regional District of Kitimat-Stikine Electoral Area "E" Zoning Bylaw No. 194, 1983.
The Board of the Regional District of Kitimat-Stikine, in open meeting assembled, enacts as follows:
1 . The Thornhill Zoning Bylaw No. 194 shall be amended as follows:
a) In the RL (Low Density Residential) Zone, Sections 4.3.1 (b) delete (i) in its entirety and replace as follows:
(i) No ancillary building or structure shall exceed 68 sq. meters in gross floor area.
b) ln the Rl (Single Family Residential) Zone, Sections 4.3.2 delete (b) in its entirety and replace as follows:
(b) Regulations of use: No ancillary building or structure shall exceed 68 sq. meters in gross floor area.
c) In the R2 (Two Family Residential) Zone, Sections 4.3.3 (b) delete (i) in its entirety and replace as follows:
(i) No ancillary building or structure shall exceed 68 sq. meters in gross floor area per dwelling unit.
d) ln Section 3.10.0 Access, add the following subsection 310.2
3.10.2 Where the property is not serviced by a community sewer system, a 3.0 meter wide access corridor to the rear yard shall be provided along one side property line.
This Bylaw may be cited as the "Kitimat-Stikine Thornhill Zoning Amendment Bylaw No.583, 2010".
READ a first time this 2Os day of February ,2010.
READ a second time 2O'n day of Februarv ,2010. this - A Public Hearing with respect to this bylaw was held on the 16th day of March , 2010.
READ a third time this day of. 2010.
ADOPTED this day of ,2010. h--5 |
REGIONAL DISTRICT OF KITIMAT.STIKINE BYLAW NO. 584
A bylaw to establish the Five Year Financial Plan for the years 2010 - 2014
The Regional District of Kitimat-Stikine, in open meeting assembled, enacts as follows:
I . Schedule "A" attached hereto and made part of this bylaw is hereby adopted as the Five Year Financial Plan for the Regional District of Kitimat-Stikine for the years 2010 - 2014 inclusive. This bylaw may be cited as the "Kitimat-Stikine Five-Year Financial Plan Bylaw No.584,2010".
READ a first time this day of 2010.
READ a second time this day of 2010.
READ a third time this day of 2010.
ADOPTED this day of 2010.
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': :-: 'r(i-: l'' r: i-: : ;'.i 300 - 4545 Lazelle Avenue 'l'a Terrace, BC, V8G 4E1 RE: Community Tourism Program (Phase 2) - Kitsumkalum Boat Administration provided Launch Upgrades by UBCM Funding provided by Dear Chair and Board, Province of B.C. Thank you for submitting an applicaton for the above noted project. I am pleased to advise you that your application for funding has been approved in the amount of $8,244.58. A cheque in the amount of $6,783.M will follow shortly under seParate cover.'This amount represents 75 percent of the total ipproved grant. BRrrrsu The remaining 25 percent will be available once we have received a final ColuMgra report and financial summary for the project. Thc Bcsr Placc on Earth The Province of British Columbia has provided funding for this program. Acceptance of this grant indicates agreement to the terms and conditions of the program, as per section 6.0 of the Program and Application Guide. For program information, visit the Funding Programs The final report is due by April 15, 2010 and must demonstrate that the section at: funding was used to improve tourism activity in the community. The www,ubcm.ca report should also contain the following: r { description of the completed project; LGPS Secretariat . Statistical data around number of visits or anticipated visitor traffic based on enhanced services or available activi[es; Local Government House . Projected revenues; 525 Government Street Victoria, BC, V8V 0AB Quantity of products produced; and . Anecdotal information or media clippings. E-mail: [email protected] Phone: (250) 356-5134 In addition, a statement from the Chief Financial Officer, verifying the Fax: (250) 356-5119 total cost of the project, is required. Where applicable, this statement should idenfifv other contributions such as in-kind contributions, matching funding, or other revenue sources that were required to complete this project. rn-\-a If y* have any questions or concerns, or wish to vary your project in any waf t please contact Local Government Program Services at (250) 355-5134 or [email protected]. We wish you every success with your project. Sincerely, b^rv--erh Danyta Welch Policy & Program Officer cc: AndratW&ber, Manager of Danlopment Seruices I ,-* ' t ' .-.,i ,i,l;r, l' i: I f{fr," i"iPE l; ,/i, t; I lat L.: it l- i; \-1, I R CANADA POSTES I I P POST Y CANADA li, G i iJ t' P i*I R G ii ' .a RETURN POSTAGE GUARANTEED PORT DE RETOUR GARANTI INIIIIIIIII LOCRT GOVERNMENT 2OIO: KEY ISSUES AND BEST PRACTICES THE ACENOR - APNTL 29TH,2OLO Owner and Occupier Liability Daniel R. Bennett Bull, Housser and Tupper LLP Donald lidstone, Q.C. Lidstone & Companv . Occupiers Liabitity Act and local Sovernment responsibility . Responsibility to inspect, maintain, repair trails, look outs, rights of way, etc. for hazards . centers and other U e Parks, arenas, community Case Law & Legislative civic property . Sidewalks and highways Brian Craig MacFarlane Taylor . Nuisance claims Bull, Housser & Tupper LLP City of Surrey . Loss claims by local Sovernments . Survey of recent local government case law . Best practices in addressing claims . Survey of recent legislation and regulations . Dealing with aging infrastructure - practical suggestions 9:55 Questions and Discussion 2:2O Questions and Discussion I Lessons tearned & Governments Need to Know in 2010 | Guy McDannold Francesca Marzari Adrienne Atherton -: Staples McDannold Stewart Young Anclerson Municipal Insurance Association of BC . Overview of key considerations . Kev issues in municipal insurance . Lessons learned . Update on the Health Care Costs RecoverSt A67 . Best Dractices . Latest developments on enforceability of insurance covera8e . Limitation periods: New developments as additional named insured . Trends: Tort claims, nuisance, procurement . Update on MIABC coverage and programs . AvoidinB and reducing litigation claims 3:05 Questions and Discussion 10:55 Questions and Discussion 3:15 Refreshment Adiournment 11:05 Refreshment Adiournment Risk Ma Erent Watson Keith R. Gibson City of Vernon Municipal Insurance Association Donald Lidstone, Q.C. of British Columbia Lidstone & Company . EstablishinB an inter-municipal emergency program . Pre zoning for eco-density and amenities . LimitinS liability during emergency program operations: . Ad hoc zoning for leverage The 2009 North Okanagan Experience . Newest climate change lools . Emergency planning . Creen development is economic development . MinimizinB and transferring risk o SettinS up and evaluating your risk mana8ement scheme . LimitinS liability from unexpected risks 1221O Questions and Discussion - Severe changes in weather, fire interface hazards, H1N1, etc. 4:35 Questions and Discussion 12:2O Networking Luncheon 4:50 Chair's Closing Comments 5:00 Conference Concludes for Day One rn-2 3 LOCAL GOVERNMENT 201.0: IGY ISSUES AND BEST PNNCUCES THE ACENNR - APNrL 3OTH, 2OIO are the Rules? lWhat | Donald Lidstone, Q.C. lisa Parkes Lidstone & Company City of Coquitlam . Open and closed meeting rules . Retreats/shirtsleeve sessions Procedural Fairness . The London case P.D. (Don) MacDonald Borden Ladner Cervais LLP 2:00 Questions and Discussion . Understanding procedural fairness: Process and content . Legitimate expectations . Zonin,, development approvals Bvlaw Enforcement . or discipline of oiTicers Termination Rob Carnegie liz Holitzki . revocation, suspension of licenses Refusal, City of Chilliwack District of West Vancouver . Enforcement oroers . Bylaw adjudication forum update . Prosecution: When should you use it? 9:50 Questions and Discussion . InjuncLion: War stories and more . Local Bovernment bylaws: Enforcement on reserve lands . Best Dractices 3:00 Questions and Discussion fohn Tuck BC Ministry of Attorney Ceneral 3:10 Refreshment Adjournment . Privacy rules update: What does this mean for 1'ou? . Surveillance cameras . Transmitting personal, private or third party information Local Covernments & First Nations to police or social service agencies . Tort of breach oi privacy Sandra Carter . Elected official duty oi confidentiality Valkyrie Law Croup LLP . MeetinS the duty to consult? . face from Aboriginal claims and Discussion Liability risks municipalities 10:45 Questions . Financial implications of reserve servicing 10:55 Refreshment Adiournment 4:'15 Questions and Discussion 4225 Chair's Closing Comments Chris Murdy 4:30 Conference Concludes Murdy & McAllister . Powers - Statutory officers - Delegation . liability Personal CONFERENCE - Cross negligence, corruption, bad faith UPCOMING . lndemnification Doi n s B u s i ne s s Wi th Co n tam i n ated L . Termination of employees/officers and elaritv, April 2Bth, 2010 in Va information, visit our website at email [email protected] to request a brochure. 11:50 Questions and Discussion 1 2:00 Networking Luncheon n-3^l TO: Chief Administrative Offi cers Directors of Engineerin g/Planni ng FROM: Jared Wright, Senior Policy Analyst DATE: March 15,2010 RE: Wastewater Systems Effl uent Regulations Please be advised that Environment Canada has posted the attached draft Wastewater Systems Effluent Regulations for public consultation. In February 2009,the Canadian Council of Ministers of the Environment (CCME) endorsed a Canada-wide Strategy for the Management of Municipal Wastewater Effluent. In order to implement the strategy, Environment Canada is proposing new regulations under the Fisheries Act. The new regulations are designed to establish national effluent quality standards that will reduce risks to human and environmental health. The proposed regulations are targeted to be published in the Canada Gazette, Part I later in March 2010 for an opportunity for input from stakeholders and interested parties- Once the regulations are published in the Canada Gazette,local governments and other stakeholders will have 60 days to provide feedback. It is anticipated that the attached draft regulations will be enacted as legislation under the Fisheries Act. Local governments can send their comments directly to Environment Canada. Comments or suggestions can also be sent to the British Columbia Water and Waste Association (BCWWA) at ruvefflu_e_nl@b_-c_uny-a.o,ry. BCWWA will then review and collate local government submissions, and depending on the nature and level of concem, will either prepare an independent response or forward the collated comments to Environment Canada as received- In either case, local governments will copied on the BCWWA response. An Environment Canada media advisory, a backgrounder on the CCME strategy, and draft regulations can also be found at: http://www.ec.gc.caldefault.asp?lang:En&n:7l4D9AAE- I &news:7 I ECFF5C-B4BA-4B24-BEAE-5C684F7DFD4F .n - tl. L *\' I hx, 1:\ MEMBERNOTTCE TO: Mayor and Council Chair and Regional District Board FROM: UBCM Resolutions Committee DATE: March 77,2070 RE: RESOLUTIONS PROCESS REVIEW Resolution 2008-8737 requested that each Area Association prioritize and submit only their top 5 resolutions for debate at Convention; that ihe UBCM Executive be asked to bring forward a maximum of 25 member resolutions for debate at Convention; and that UBCM develop a tracking system for resolutions. At the 2009 Conventiory members endorsed a policy paper on the resolutions process with the recommendation that UBCM bring forward options for amending the resolutions process to the 2010 Area Assoiiation conferences, and present a poliry paper for member consideration at the 2010 Convention. A discussion Paper and member survey (survey is Appendix B in the discussion paper) on the options for amending the resolutions piocess are attached to this member nofice. An online survey is also available and can be found on the UBCM website: -being The discussion paper is circulated at this time to give members an opportunity to review the information before the 2010 Area Association conferences. A UBCM Executive member and staff person will present the discussion paper at the conferences. There will be a questibn and answer period where -embeis can ask for clarification on the options presented in the paper. The survey is the main forum for members to provide feedback into the resolutions Process. Please note that the purpose of the Area Association sessions rs to present and clarifu the options in the paper, while the survey provides an opportunity for memberc to comment oa the options. Survey responses (either online or hard copy) must be received by UBCM by May gO,201LO. Comments-provided from the member survey will inform the 2010 policy paper on the resolutions process and the proposed changes to the resolutions sessions. If you have any questions about the discussion paper or survey, please contact: Marylyn Chiang, Policy Analyst Ph:604.270.8226ext.770 E-mail:[email protected] m-5 ''rnL$CM Fs.knrion of Cmadia l\tunici1relities Fld{mrion anadicnnc ds municimlirls March 16,2O1O Memorandum to FCM Municipal Members THIS MESSAGE IS ADDRESSED TO ALL MEMBERS INTERESTED IN RUNNING FOR A POSITION ON FCM'S NATIONAL BOARD OF DIRECTORS CONSENT FORM The Federation of Canadian Municipalities (FCM) 73'o Annual Conference will be held in Toronto (Ontario) from May 28 to 31 , 2010. The FCM Annual General meeting will be held during the conference on Sunday, May 30th from 10:00 -11:45, which will be followed by the election of FCM's National Board of Directors from 12:30 to 14:00. To be registered on the list of candidates, please send us the completed Consent Form with a resolution from your municipal council by May 8,2010. Please see the following applicable FCM By-Laws: Article 4, Section 2 - Eligibility Only elected municipal officials are eligible to be Directors. lf a Director ceases to hold such an office, his or her position as a Director shall thereupon automatically be vacated. Article 4, Section 19 - Election of Directors Each person seeking to be elected as a Director at the Annual General Meeting shall: a) be an elected municipalofficial, b) have the approval of their Municipal Council, c) be present at the meeting where he or she is to be elected, except where there is evidence, which is found satisfactory by the Chair of the meeting, that the absent person has consented and remains willing to serve as a Director. WHEREAS any Directors referenced in Article 4.00 are to be elected based on a municipal or geographic boundary, and no such candidate seeks election from that municipal or geographic boundary, then such position shall be elected by Accredited Representatives of the Municipal Members from that province or territory. For a copy of the FCM election procedures and consent form please visit www.fcm.ca and click on Individuals who do not submit their consent form to the FCM office by May 8, 2010 may still put fonrvard their name during the election, however their name will not be pre-printed on the official ballot. No individual will be eligible to run for a FCM board seat without a duly completed consent form and a resolution from their municipal council. Should you have any questions regarding elections please contact Mr. Melvin Jomphe at (613) 907-6236 or [email protected] 0omm- fuMxN Coralia Bulhoes, CA Director, Operations and Chief Elections Officer nr-b,l 2O1O MEASURING UP THE NORTH INITIATIVE AWARD OF EXCELLENCB PURPOSE: The Measuring Up The North Initiative Award of Excellence recognizes local governments, businesses, groups, individuals and other entities that have shown innovation and ingenuity in our quest to build more livable, age-friendly, disability-friendly universally designed inclusive communities for all of our residents and visitors in the NCLGA region. This annual award will be given out at the North Central Local Government Association AGM & Convention in May. The NCLGA MUTN Awards Committee invites your nominations of local governments, individuals, groups or businesses that have made a significant contribution to making their communities more livable, accessible and inclusive and where a significant impact has resulted. AWARD CRITERIA: persons with disabilities and all people above and beyond what is required by law or regulation. of the following areas: Awareness, Cultural, Commercial or Retail, Education, Employment, Hospitality, Houses or Housing or Accommodation, Information, Infrastructure, Marketing, Municipal Buildings, Outdoor Recreation, Planning, Practices, Policy, Recreation/Entertainment, Transportation, Tourism or other. following types of disability: mobility, agility, hearing, seeing, speaking, cognitive, or mental health. boundaries of the North Central Local Government Association region. citizen or group who should provide strong evidence in support of their nominee's commitments and contribution to improving accessibility and inclusion for people with disabilities and older adults. business that was not selected for an Award in a previous year may do so by completing a new nomination form and providing up-to-date information in support of that nomination. DEADLINE: Please note that the deadline for nomination is Friday April 9, 2010 @ 5:00 p-m. Nomination forms can be found online at http://www.nclqa.cal or the attached nomination form can be completed and fonryarded to the Selection Committee via the NCLGA office. Email:[email protected]. Fax: (250) 564-6514 Mail: 206-155 George Street Prince George, BC, V2L 1P8 m-1 I To: Regional Board (lnformation Only) From: Administration Date: March 18,2010 Re: Forrest Kerr Hydroelectric Proiect - E nvironmental Assessment Gertificate The BC Environmental Assessment Office has allowed an amendment to the Environmental Assessment Certificate for Coast Mountain Hydro Corporation's Forrest Kerr Hydroelectric Project. This amendment allows the construction of a project with a generation capacity of 195 megawatts, up from 112MW, an increase in the transmission line to Bob Quinn from 138kV to 287kV and deletion of 150 kilometres of transmission line from Bob Quinn to Meziadin. The new Forrest Kerr Project anticipates construction of the Northwest Transmission Line to Bob Quinn. The Regional District was asked by the BC Environmental Assessment Office for its views on the request for a certificate amendment. The Regional District expressed concerns mostly around increased diversion of water for energy production and need to maintain minimum water flows in the river. The Regional District position was that a further environmental assessment was needed. The company conducted additional work on water flows and potential fisheries impacts. The amendment certificate for example notes new studies on "ramping"-impacts that might be caused by sudden releases of water due to a powerhouse shut down. Those agencies with jurisdiction on these issues appeared content to recommend approval on the amendment certificate. Conditions of the original approval by the BC Environmental Assessment Office still apply to the prolect. The proponent is required to maintain minimum water flows in the lskut River (of 16.6 m3/s)or may seek a lower level through consultation with fisheries agencies or, once operating, through an "adaptive management program." The approval requires the project to be substantially started by March, 2013. Representatives of the parent company of Coast Mountain Hydro, AltaGas Renewable Energy Inc., have a standing invitation to attend a Kitimat-Stikine Regional Board meeting. Prepared by/contact Andrew Webber