THOMPSON-NICOLA REGIONAL DISTRICT
Electoral Area Directors Meeting - Thursday, September 18, 2014
A G E N D A
Time 10:00 a.m. Place: Board Room 4th Floor 465 Victoria Street Kamloops, BC
Page Agenda Item
1. ELECTION OF CHAIR
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA
3. MINUTES
3 - 10 (a) Minutes of the Electoral Area Committee Meeting dated March 13, 2014
Minutes of the Electoral Area Committee Meeting dated March 13, 2014, attached.
Recommendation:
That the minutes of the Electoral Area Committee meeting dated March 13, 2014 be adopted.
4. UNFINISHED BUSINESS
5. NEW BUSINESS
6. REPORTS
11 - 54 (a) Proposed Weed Control Bylaw
Report by the Director of Environmental Services dated September 9, 2014, attached.
Recommendation:
That the Proposed Weed Control Bylaw report from the Director of Environmental Services dated September 9, 2014 be received for information.
Page 1 of 64 THOMPSON-NICOLA REGIONAL DISTRICT Electoral Area Directors Meeting Thursday, September 18, 2014 Page 2 of 2
55 - 59 (b) Establishment of Service Areas
Report form the Corporate Officer dated September 8, 2014, attached.
Recommendation:
That the New Service Establishment report by the Corporate Officer be received.
(c) Gas Tax and Community Involvement
Topic for discussion.
(d) Remote Electronic Building Inspections
Topic for discussion.
60 - 64 (e) Reserves – Building Standards and E911
Report form the Director of Finance dated September 11, 2014, attached
Recommendation:
That the Reserves – Building Standards and E911 report by the Director of Finance dated September 11, 2014 be received for information only.
7. ADJOURNMENT
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THOMPSON - NICOLA REGIONAL DISTRICT
ELECTORAL AREA DIRECTORS MEETING
Thursday, March 13, 2014
MINUTES of a Meeting of the Board of Directors of the ELECTORAL AREA DIRECTORS MEETING held in the Boardroom on Thursday, March 13, 2014 commencing at 10:00 AM.
PRESENT: Director W. Macdonald Electoral Area "B" (Thompson Headwaters) (Chair) Director T. Pennell Electoral Area "A" (Wells Gray Country) Director S. Rice Electoral Area "I" (Blue Sky Country) Director R. Elliott Electoral Area "J" (Copper Desert Country) Director K. Gillis Electoral Area "L" Director R. Murray Electoral Area "M" Director W. Kershaw Electoral Area "O" (Lower North Thompson) Director J. Sternig Electoral Area "P" (Rivers and The Peaks) Director S. Watson Electoral Area "E" (Bonaparte Plateau)
Mr. S. Gill, Chief Administrative Officer Ms. C. Black, Corporate Officer Mr. D. Rae, Director of Finance Ms. R. Sadilkova, Director of Development Services Mr. P. Hughes, Director of Environmental Services Mr. J. Vieira, Manager of Environmental Health Services Mr. D. Labrie, Operations Supervisor, Environmental Health Services Mr. S. Storie, Manager of Community Services Ms. R. Blixrud, Recording Secretary
1. ELECTION OF CHAIR
Director Macdonald was acclaimed to the position of Chair. Director Macdonald assumed the role of Chair.
2. MINUTES
Moved by Director Pennell Seconded by Director Elliott
That the minutes of the Electoral Area Directors meeting dated October 3, 2014 be adopted, as circulated. CARRIED Unanimously
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3. NEW BUSINESS
(a) Update on TNRD and New Afton Mine
Director Elliott advised that she had met with Peter Milobar, Mayor of Kamloops to discuss the potential City of Kamloops boundary expansion which could include the New Afton Mine property and some properties belonging to Domtar.
The Chief Administrative Officer indicated that the City of Kamloops is continuing to consult with affected parties and stakeholders. The City of Kamloops had agreed to continue providing the TNRD with the same requisition amount as the TNRD would have received prior to the proposed boundary expansion.
Discussion commenced regarding the proposed City of Kamloops boundary expansion, the reasons for the expansion and the projected financial implications an expansion would have on the City of Kamloops and the TNRD.
(b) Discretionary Grant Program - Implementation of a Carry Forward on Unused Balances
Discussion commenced regarding changing the discretionary fund to allow an Electoral Area Director to carry forward their remaining discretionary funds to the following year so more than $10,000 can be spent in one year. Projects such as railway safety reports are financed through discretionary funds and are currently paid for over a number of years as they cost more than the annual discretionary fund budget allows.
Discussion commenced regarding how the various Electoral Area Directors choose to spend the discretionary funds and if a carry-forward program would be beneficial. The Director of Finance responded to questions regarding requisition of taxes for the discretionary funds and explained how a carry-forward program would result in a requisition increase for taxpayers.
Discussion commenced regarding increasing the annual discretionary fund to allow those directors to allow more flexibility for the use of discretionary funds.
Moved by Director Gillis Seconded by Director Sternig
That on recommendation of the Electoral Area Directors, the Electoral Area discretionary funds be increased by 25% (to $12,500) per electoral area.
CARRIED
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(c) Regional Solid Waste Management Committee Meeting
Discussion commenced regarding the February 19, 2014 Regional Solid Waste Management Committee meeting. Staff advised that the recommendations from the Regional Solid Waste Management Committee would be taken to the Board of Directors for consideration once more information has been gathered.
4. REPORTS
(a) Invasive Plant Function Review
The Manager of Environmental Health Services presented the Invasive Plant Function Review report dated March 13, 2014 and provided a presentation providing details on the following topics: - BC Weed Control Act and the responsibilities of land owners to conduct weed control - Weed control on TNRD-owned land - History of the TNRD Invasive Plant Program, detailing why the TNRD ceased coordinating the weed control efforts in the region - Role of the Southern Interior Weed Management Committee (SIWMC) in coordinating weed control in the region - Benefits of providing weed control through SIWMC
The Manager of Environmental Health Services provided further details on why there is an issue with weed control in the region, such as each member of SIWMC has a limited budget to treat a large geographic area; Private property owners are treating weeds on their land but the bordering land may be outside of the SIWMC treatment area and therefore weeds continue to spread back on to the private property.
The Manager of Environmental Health Services indicated that should TNRD decide to pursue weed control outside of SIWMC, there would be financial and service implications such as hiring additional staff; Should the TNRD decide to take on the role of a coordinating position once again, the TNRD would have to actively solicit funds from other agencies to provide the service to the other agencies, similar to SIWMC’s current activities.
The Manager of Environmental Health Services highlighted that the proposed solution is to continue to participate in the weed control service provided by SIWMC and elevate concerns to public agencies, such as the Ministry of Transportation and Infrastructure, the Ministry of Forests and CN Rail, to request that they increase funds and change treatment priority areas to assist private property owners.
Discussion commenced regarding the current weed control service provided through SIWMC and what impacts the TNRD would have on the overall issue should the service be offered in-house. On question, the Manager of
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Environmental Health Services indicated that if TNRD were to conduct weed control on its own property and continue to provide the public education on weed control, at least one full-time employee would have to be hired, which would increase the cost to provide the service.
Moved by Director Murray Seconded by Director Rice
That on recommendation of the Electoral Area Directors, that the TNRD continue to contract with the SIWMC to: a. Coordinate weed control on TNRD owned/controlled lands, b. Carry out a public education program pertaining to invasive plants, and c. Provide biological control on private and public lands.
DEFEATED
Moved by Director Gillis Seconded by Director Elliott
That on recommendation of the Electoral Area Directors, the TNRD continue to contract Purity Feed Co. Ltd to administer the equipment loan- out program.
CARRIED Unanimously
Moved by Director Gillis Seconded by Director Elliott
That on recommendation of the Electoral Area Directors the TNRD continue to administer the landowner rebate programs internally.
CARRIED Unanimously
Moved by Director Gillis Seconded by Director Sternig
That on recommendation of the Electoral Area Directors, upon receiving public complaint the TNRD Board of Directors, at their discretion, elevate concerns about weed control on crown land to the appropriate Ministry by way of letter or UBCM/SILGA resolution.
CARRIED Unanimously
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Discussion continued regarding the service, financial and liability impacts that would occur should TNRD stop conducting weed control through the SIWMC. Concerns were expressed regarding the current level of service. Staff advised that TNRD would likely face the same challenges SIWMC is facing with soliciting funds from partner agencies.
Moved by Director Gillis Seconded by Director Elliott
That on recommendation of the Electoral Area Directors, that effective the 2015 calendar year that: (a) the TNRD cease to fund the Southern Interior Weed Management Committee; (b) the TNRD take responsibility for invasive plant management in the TNRD; and that (c) the TNRD solicit funding from agencies that currently have invasive plant management budgets that could collaborate with a TNRD invasive plant management plan.
DEFEATED
Moved by Director Pennell Seconded by Director Murray
That the following motion be reconsidered:
That on recommendation of the Electoral Area Directors, that the TNRD continue to contract with the SIWMC to: a. Coordinate weed control on TNRD owned/controlled lands, b. Carry out a public education program pertaining to invasive plants, and c. Provide biological control on private and public lands.
CARRIED Unanimously
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MAIN MOTION:
Moved by Director Rice Seconded by Director Elliott
That on recommendation of the Electoral Area Directors that the TNRD continue to contract with the SIWMC to: a. Coordinate weed control on TNRD owned/controlled lands, b. Carry out a public education program pertaining to invasive plants, and c. Provide biological control on private and public lands.
AMENDMENT:
Moved by Director Gillis Seconded by Director Pennell
That the words "for a period of one (1) year pending further review of the SIWMC Service" be inserted after the word "contract".
CARRIED Unanimously
QUESTION ON THE MAIN MOTION:
That on recommendation of the Electoral Area Directors that the TNRD continue to contract for a period of one (1) year, pending further review of the SIWMC service, to: a. Coordinate weed control on TNRD owned/controlled lands, b. Carry out a public education program pertaining to invasive plants, and c. Provide biological control on private and public lands.
CARRIED Unanimously
(b) Request for Financial Support - Upgrades to Heating and Cooling (HVAC) System at Pavilion Theatre From Lori Marchand, General Manager, Western Canada Theatre
The Western Canada Theatre delegation information package from January 30, 2014 from the Regular Board meeting requesting financial support for the upgrades to the heating and cooling (HVAC) system for the Pavilion Theatre was presented to the Board.
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Moved by Director Pennell Seconded by Director Elliott
That on recommendation of the Electoral Area Directors, the funding request from Western Canada Theatre for the upgrades to the heating and cooling (HVAC) system for the Pavilion Theatre be denied. CARRIED
Individual Electoral Area Directors were provided the opportunity to make a contribution from the federal gas tax fund towards the heating and cooling (HVAC) system for the Pavilion Theatre:
Director Rice indicated that Electoral Area "I" would contribute $5000. Director Kershaw indicated that Electoral Area "O" would contribute $2000. Director Gillis indicated that Electoral Area "L" would contribute $3000.
Moved by Director Sternig Seconded by Director Pennell
That on recommendation of the Electoral Area Directors, that a policy be developed stipulating that requests for joint contributions from Electoral Area funds first be presented to the Electoral Area Directors prior to Board consideration.
CARRIED Unanimously
(c) Funding for Updates to the Rural Community Profiles and TNRD Regional Profile for Web Portal
The report to the Economic Development, Tourism and Regional Parks (EDTRP) Committee regarding Invest Thompson-Nicola BC Web Portal Maintenance dated January 27, 2014 was presented to the Electoral Area Directors, along with an excerpt from the February 19, 2014 EDTRP Committee meeting minutes.
The Chief Administrative Officer advised that the $300 from each of the 10 Electoral Areas economic development funds is required to ensure the rural community profiles on the Invest Thompson-Nicola BC web-portal are updated.
Moved by Director Elliott Seconded by Director Kershaw
That the Electoral Area Directors recommend to the Board of Directors that $300 from each of the 10 Electoral Areas Economic Funds be contributed towards the annual updates to the rural community profiles and the TNRD regional profile for the Invest Thompson-Nicola BC web portal.
CARRIED Unanimously
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(d) Federal Gas Tax - Community Works Fund Electoral Area Balances
The Director of Finance presented a report dated March 4, 2014 regarding the Federal Gas Tax – Community Works Fund Electoral Area Balances. On question, the Chief Administrative Officer indicated that some Electoral Areas receive more Federal Gas Tax Funding than others because the disbursement calculation is based on population.
Moved by Director Gillis Seconded by Director Watson
That the report from the Director of Finance dated March 4, 2014 regarding Federal Gas Tax – Community Works Fund Electoral Area balances be received for information.
CARRIED Unanimously
5. ADJOURNMENT
Moved by Director Rice Seconded by Director Watson
That the meeting adjourn at 12:30 PM.
CARRIED Unanimously
Certified Correct:
Chair Corporate Officer
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Minutes of the Electoral Area Committee Meeting dated March ... Page 10 of 64 Environmental Services COMMITTEE REPORT
TO: Electoral Area Directors DATE: September 09, 2014
FROM: Director of Environmental Services
SUBJECT: Proposed Weed Control Bylaw
RECOMMENDATION:
That the Proposed Weed Control Bylaw report from the Director of Environmental Services dated September 9, 2014 be received for information.
PETER HUGHES, P.ENG. Approved for Director of Environmental Services Board Consideration CAO
SUMMARY: The BC Weed Control Act is clear that local governments have the authority to appoint inspectors to enforce the Act. The TNRD can create a bylaw clarifying how noxious weed control would be enforced. Consideration should be given to the intent of such a bylaw, such as when and how often enforcement will be conducted. A proposed TNRD weed control bylaw could require up to 0.5 FTE to conduct enforcement. Funding for this positon could be taken from the current Invasive plant EA service budget or the EA service requisition could be increased.
BACKGROUND: Invasive plants continue to be a major challenge for farmers and ranchers in BC. Weeds compete with crops creating additional work and cost to farmers, they also reduce forage value of rangeland by displacing grasses thus reducing productivity of land for ranchers. In addition to the agriculture sector, invasive plants can also be ecologically harmful by reducing biodiversity and out competing native plants. For these reasons it is understandable that invasive plant control has long since been a service provided by the TNRD. The current TNRD Invasive Plant Control Program focuses on landowner assistance. The money collected through this service
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funds rebates to landowners, equipment loan-out, education and awareness, and biological control. These programs primarily focus on assisting landowners who are taking responsibility for the weeds on their property.
DISCUSSION: The BC Weed Control Act states “an occupier must control noxious weeds growing or located on lands and premises, and on any other property located on land and premises, occupied by that person.” Recently, there have been increased calls for the TNRD to take on the additional role of enforcement for landowners who are not controlling noxious weeds on their private lands. On the recommendation of the Invasive Plant Committee, and subsequently the Board at their June 19, 2014 Regular Meeting, staff were directed to research the authority granted to the TNRD under the Weed Control Act to establish a bylaw to allow enforcement of treatment of invasive species on private lands where negligent land owners refuse to treat invasive species and what action could be taken through such a bylaw.
The Weed Control Act gives authority to regional districts to appoint weed control inspectors to enforce and administer the weed control act. The Weed control act lays out the powers and authorities granted to inspectors for enforcement of the act. For example, authority to enter property, process of issuing notices, and recovery of costs if landowners do not control weeds are all covered by the Act. Some regional districts in BC exercise the authority granted under the Act, all regional districts who do so have enacted a bylaw which lays out the specifics of how the act will be enforced. Three examples of bylaws from the other regional districts: Cariboo Regional District, Peace River Regional District and Comox Valley Regional District are attached for reference. Also, a background document that describes how other regional districts manage invasive plants in BC was prepared by staff and is attached to this report. This report will discuss the implications of the TNRD enacting a weed control bylaw.
There are a number of questions and challenges that arise when considering a weed control bylaw. Will enforcement be done on a complaint basis only or will an inspector do regular “rounds” through the regional district? Most regional districts who have a bylaw, enforce on a complaint basis, this would operate similar to unsightly premise bylaws (and have similar challenges). Another question is will all listed noxious weed species be treated the same or will more invasive weeds be prioritized over less invasive? Noxious weeds are very prevalent, most
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rural properties would contain at least a small number of plants that are on the provincial noxious weed list. Typically the discretion would be up to the inspector, however there are many factors that complicate when enforcement should be carried out. For example a property may have prevalent noxious weeds but also be surrounded by crown land that also has prevalent noxious weeds, should a weed notice be issued in this scenario if a particular weed species is spread throughout an area? A bylaw should clarify the intent of enforcement. Invasive plant experts agree that unless a plant is in a very limited area and the infestation is small, eradication is likely not possible, control of spread should be the goal. Defining “control” is challenging because different control methods have different results. For example biological control with insects will usually not kill the invasive plants, but instead will stunt growth, reduce seeds, and overall reduce the health of the plant, whereas chemical control will kill the plant. The current TNRD Invasive Plant Control Program offers free biological control insects (pending availability) for knapweed and other species. Will this be an accepted form of control even though knapweed may still be prevalent on a property? The aforementioned questions are challenges that are faced by all local governments. In researching this report it appears that many regional districts that have in the past utilized bylaw enforcement are trending away from this approach and are focusing on assistance and education; however, are maintaining the enforcement bylaw but use it minimally.
One option to consider which would avoid many of the challenges mentioned above is for the TNRD to adopt a bylaw targeted at “new invader” species only. Under the current TNRD Invasive Plant Program there is a set list of new invader species for which 100% of the control cost is covered by a TNRD rebate (noxious weeds not on the “new invaders” list qualify for 50% rebate). New invader weeds are highly invasive plants that are not found in the TNRD or are in very small isolated populations. The new invaders list is set by the TNRD Invasive Plant Committee. It is important to control these new species so they don’t get a foothold and become wide spread in the TNRD. Scotch Thistle is an example of a new invader species we have kept from establishing in the TNRD. It is wide spread in the North Okanagan and usually appears in a few isolated populations in the South Eastern TNRD each year.
As an example, recently, it has been a challenge getting a landowner to treat a scotch thistle infestation even though 100% of the cost is rebated by the TNRD. In this case an enforcement bylaw would be tool at our disposal to ensure new invaders are controlled. The drawback of a
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bylaw which only focuses on new invaders is it won’t address the common complaints of prevalent weeds such as spotted knapweed or orange hawkweed.
Enforcement of a bylaw is typically done by a regional district staff person. It is difficult to estimate the staff time required because it would greatly depend on how the bylaw is structured and the level of enforcement expected. If a bylaw was adopted which included all noxious weeds it would require much more staff time than a new invaders only bylaw. For consideration, the Columbia Shuswap Regional District had a part-time employee who worked full-time seasonally, at one point the Peace River regional district had 3 full time inspectors. Both of these regional districts conduct enforcement on a complaint basis covering all listed noxious weed. For discussion purposes, if the TNRD took on an enforcement role on a complaint basis and the bylaw included all noxious weeds, it is estimated a 0.5 FTE would be required. Enforcement of a bylaw that was intended to control only new invader species only enforcement would require much less time and could therefore possibly be done with current staff levels.
Another important question to consider is how will enforcement be funded? Funding for an inspector could either come out of the current Invasive Plant EA service requisition (reducing the money available for the current assistance programs) or tax requisition for the service could be increased to cover the additional staffing costs without jeopardizing existing programs.
CONCLUSION:
The Weed Control Act gives authority to regional districts to appoint weed control inspectors to enforce and administer the weed control act. It is opinion of staff that if a bylaw is established it should be used as a last resort option to control invasive plants on property of private landowners unwilling to address the problem. Education and promotion of the TNRD programs should be considered first. The bylaw should only be applicable to fee simple lands. Enforcement of the bylaw should be complaint driven but the weed control inspector should have discretion as to applicability of the bylaw to avoid situations such as where one neighbor simply complains about another as a result of previous conflict. A bylaw similar to that adopted by the Cariboo Regional District which is brief, concise and easy to apply is suggested. It is estimated that 0.5 FTE would be required to administer such a bylaw if all noxious weeds were
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to be included in the bylaw, however, if only new invader species were applicable a bylaw could be administered using existing staff. It would be a decision of the Board as to whether funding for the additional staff required would come from the existing budget or through increased tax requisition.
Attachments: BC Weed Control Act Invasive Plant Bylaw Background Report TNRD Sept 2014 Cariboo Regional District Bylaw 4740 Peace River Regional District Bylaw 2121 Comox Valley Regional District Bylaw 2374
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 15 of 64 11112014 --Ad
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This Act is Curr ent to August 27, 2014
WEED CONTROL ACT [RSBC ISile] CHAPTER 487
Coni:H!s 1 DeftniiSons 2 Duty to control noldous weeds 3 Appointment and powet'$ or ln!JPectol'$ 4 Notice to control noxious weeds s Noldous weed control reguleiSoM 6 Form of notice and m~od of service 7 COntrol of noxious weeds by illiSpeetor 8 Recovery of costs 9 Weed control committees 10 Weed conavl officers 11 Weed conavlagreements 12 Highways 13 Ovwn land 14 Exemptloos 15 Ofrence 16 Power to make re<;~ullltlons
Daflnltlons 1 (1) In tills Act:
(a) the council af a municipality, and (b) die board af a regional dlstl1c:t; •inaJMctor• means a person appointed by the minister under section 3, and includes a weed control officer appointed by a cauneil under section 10; •miniater" indudes a person designated in writing by the minister; •municipality" includes a regional district; Proposed Weed Control Bylaw Report by the Director of Enviro... Page 16 of 64 1ll 9/8/2014 Weed Control Act "notice" means a notice issued by an inspector under section 4; "noxious weed" means a weed designated by regulation to be a noxious weed, and includes the seeds of the noxious weed; "occupier.. means a person who
(a) is in physical possession of land, premises or property, or (b) is responsible for, and has control over, the condition of, the activities conducted on and the persons allowed to enter or use, land, premises or property. (2) For this Act (a) there may be more than one occupier of land, premises or property, (b) a municipality may be an occupier of land, premises or property, and (c) the government may be an occupier of land, premises or property.
Duty to control noxious weeds 2 In accordance with the regulations, an occupier must control noxious weeds growing or located on land and premises, and on any other property located on land and premises, occupied by that person.
Appointment and powers of inspectors 3 (1) the minister may appoint inspectors for this Act under the Public Service Act.
(2) At any time during daylight hours, an inspector may enter any land, premises, except a residence, and property for any purpose relating to the administration or enforcement of this Act or the regulations, and may inspect and examine the land, premises and property. (3) An inspector who enters land, premises or property under subsection (2)may require an occupier of the land, premises or property (a) to give the inspector all reasonable assistance in connection with the entry, inspection and examination, (b) to answer all proper questions relating to the inspection and examination, and (c) for the purposes of paragraphs (a) and (b), to attend at the land, premises or property with the inspector.
Notice to control noxious weeds Proposed Weed Control Bylaw Report by the Director of Enviro... Page 17 of 64 http://www .bclaws.ca/Recon/document/1 D/freeside/00_96487_o 1 218 9/8/2014 Weed Control Act 4 (1) An inspector may serve a notice directing an occupier, in accordance with the notice, to control noxious weeds growing or located on land, premises or property occupied by the occupier.
(2) If a notice is served on an occupier the occupier must promptly bring the notice to the attention of the owner of the land, premises or property that is the subject of the notice.
Noxious weed control regulations 5 The Lieutenant Governor in Council may make regulations
(a) to control noxious weeds on land, premises, property or a class of land, premises, or property, or (b) respecting a process or a class of process considered particularly susceptible to noxious weeds or to the injurious distribution or effect of noxious weeds.
Form of notice and method of service 6 (1) A notice must be in the prescribed form and contain the information required under the regulations.
(2) A notice (a) may be served personally on the occupier to whom it is directed, (b) may be sent by registered mail addressed to the occupier to whom it is directed, or (c) may be left with any person who is, in the opinion of the inspector leaving the notice, (i) over the age of 16 years, and (ii) occupying residential or business premises on the land that is the subject of the notice. (3) If an inspector (a) is unable to serve a notice under subsection (2) and the inspector believes that the occupier to whom the notice is directed is evading service, (b) is unable to ascertain any occupier of the land, premises or property that is the subject of the notice, or (c) is of the opinion that it is unreasonable or impractical to serve under subsection (2) the occupier to whom the notice is directed, the inspector may serve the notice by posting it in a conspicuous place on the Proposed Weed Control Bylaw Report by the Director of Enviro... Page 18 of 64 http:/lwww.bclaws.ca/Recon/document/ID/freeside/00_96487_01 3/8 9/8/2014 Weed Control Act land, premises or property that is the subject of the notice, and the notice is served for the purposes of this Act at the expiration of 3 days immediately following the date that the notice was posted.
Control of noxious weeds by inspector 7 (1) If
(a) a notice is served under section 6 and, in the opinion of an inspector, noxious weeds are not controlled (i) within the time, which must not be less than 5 days, specified in the notice, or (ii) in the manner specified in the notice, or (b) an inspector is of the opinion that, in order to prevent the injurious distribution and effect of noxious weeds, it is necessary to immediately control the noxious weeds, an inspector may, without notice, take the action considered necessary to enter on any land, premises or property and control noxious weeds. (2) If an inspector controls noxious weeds under subsection (1), the inspector must prepare a statement of the costs of the control, and send the statement, verified by affidavit, (a) if the noxious weeds were controlled on land, premises or property in a municipality, other than a regional district, to the designated municipal officer, and (b) if the noxious weeds were controlled on land, premises or property other than that referred to in paragraph (a), to the minister. (3) If the municipal officer or minister to whom a statement is sent under subsection (2) issues a certificate in respect of the amount of the statement, every occupier of the land, premises or property on which or in which the noxious weeds were controlled is jointly and severally liable to pay the amount specified in the certificate to the municipality or the minister.
Recovery of costs 8 (1) If the amount specified in a certificate issued under section 7 is not paid, the municipal officer or minister who issued the certificate may,
(a) if the noxious weeds were controlled on land or an improvement in a municipality, other than a regional district, send a certificate containing (i) a legal description of the land, (ii) a description of the improvement and legal description Proposed Weed Control Bylaw Report by the Director of Enviro... Page 19 of 64 http:/lwww.bclaws.ca/Recon/document/ID/freeside/00_96487_01 4/8 9/8/2014 Weed Control Act of the land on which it is located, (iii) the name of the owner of the land or improvement, and (iv) the total amount of the money owing, to the duly appointed collector of taxes for that municipality, or (b) if the noxious weeds were controlled on land or an improvement, as defined in the Taxation (Rural Area) Act, which are not located in a municipality, other than a regional district, send the certificate referred to in paragraph (a) to the Surveyor of Taxes appointed under the Taxation (Rural Area) Act. (2) On receipt of a certificate referred to in subsection (1), the municipal collector or the Surveyor of Taxes must enter in the tax roll the amount set out in the certificate in respect of the land or improvement referred to in it, and the amount is then deemed for all purposes to be, as applicable, (a) taxes in arrear of the municipality under the Community Charter, or (b) delinquent taxes under the Taxation (Rural Area) Act, and the provisions for collection and recovery of taxes contained in those Acts apply to those amounts.
Weed control committees 9 (1) The council of a municipality may establish one or more weed control committees, each consisting of
(a) one member of the council appointed by the council, (b) one resident in the municipality appointed by the council, (c) one member of the ministry appointed by the minister, (d) one member in good standing, appointed by the council, of a society that is incorporated under the Society Act and that has as a primary purpose the protection of the environment or the encouragement of anti-pollution measures, and (e) one member appointed by the minister responsible for the Public Health Act. (2) A member of a weed control committee holds office for a period of one year. (3) If a council establishes a weed control committee under subsection (1), that council (a) must notify the minister in writing of the names of the persons Proposed Weed Control Bylaw Report by the Director of Enviro... Page 20 of 64 http://www .bclaws.ca/Recon/document/1 D/freeside/00_96487_o 1 5/8 9/8/2014 Weed Control Act appointed, (b) must provide secretarial or clerical assistance for the weed control committee, (c) must designate the member of the weed control committee appointed by council to be chair, and (d) may provide for the payment of expenses to weed control committee members. (4) A weed control committee must, with respect to its municipality, (a) advise the minister and the council on all matters relating to noxious weeds and noxious weed control, (b) compile a list of weeds that it considers to be noxious and to require control, and submit the list to the minister and the council, (c) advise the council on the appointment of weed control officers, and supervise weed control officers, (d) assist in the organization and administration of weed control programs, (e) not later than October 1 in each year, submit to the minister and the council an annual report, and estimates for the next year, respecting weed control matters, and (f) perform other duties the Lieutenant Governor in Council prescribes.
Weed control officers 10 (1) A council may appoint one or more inspectors and weed control officers to enforce and administer this Act in the municipality.
(2) If an inspector is appointed by a council, it must notify the minister in writing of the name of the inspector. (3) If the minister is of the opinion that additional inspectors or weed control officers are required in a municipality for the purpose of effectively enforcing and administering this Act and the regulations in the municipality, the minister may appoint one or more inspectors for that purpose.
Weed control agreements 11 (1) The councils of 2 or more municipalities may enter into an agreement respecting noxious weed control and an agreement respecting the costs of noxious weed control in all or part of those municipalities.
(2) On behalf of the government the minister may enter into an agreement with the council of a municipality for noxious weed control and the costs of Proposed Weed Control Bylaw Report by the Director of Enviro... Page 21 of 64 http:/lwww.bclaws.ca/Recon/document/ID/freeside/00_96487_01 6/8 9/8/2014 Weed Control Act noxious weed control in all or part of (a) that municipality, or (b) land, premises and property that are not within, but adjoin, the boundaries of that municipality.
Highways 12 (1) In this section, "highway" means a highway as defined in the Transportation Act.
(2) If a highway is owned by the government, but is in the possession of a municipality, other than a regional district, that municipality is the occupier of that highway. (3) If a highway is owned by the government and is not in the possession of a municipality, the occupier of that highway is the minister responsible for the administration of the Transportation Act on behalf of the government. (4) If a new highway is constructed, or an existing highway is rerouted, within the boundaries of a municipality, other than a regional district, by or under the direction of the government, the minister responsible for the administration of the Transportation Act, on behalf of the government, is the occupier of that highway while it is being constructed or rerouted.
Crown land 13 If unoccupied land is owned by the government, the occupier of that Crown land is that member of the Executive Council designated by the minister to be the occupier on behalf of the government.
Exemptions 14 (1) If, in the opinion of the Lieutenant Governor in Council, an area of British Columbia not in a municipality, other than a regional district, is waste land or sparsely populated land, the Lieutenant Governor in Council may exempt that area from this Act.
(2) If, in the opinion of the council of a municipality, other than a regional district, an area of British Columbia in the municipality is waste land or sparsely populated land, the council of that municipality may, by bylaw and with the consent of the minister, exempt that area from this Act.
Offence 15 A person commits an offence who knowingly
(a) contravenes this Act, (b) contravenes a regulation made under section 5, Proposed Weed Control Bylaw Report by the Director of Enviro... Page 22 of 64 http://www .bclaws.ca/Recon/document/1 D/freeside/00_96487_o 1 718 9/8/2014 Weed Control Act (c) obstructs an inspector in the lawful exercise of his or hers duties under this Act, or (d) refuses or neglects to comply with a notice served on the person.
Power to make regulations 16 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act. (2) Regulations in respect of methods used to control noxious weeds must not be made under subsection (1) unless the Environment and Land Use Committee established under the Environment and Land Use Act approves the methods.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada
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Invasive Plant Report Bylaw Investigation
September 2014
Prepared by: Dennis LaBrie, EHS Operations Supervisor Thompson Nicola Regional District 300-465 Victoria St. Kamloops BC V2C 2A9
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Executive Summary
The 2014 TNRD Invasive Plant Programs involve the following program components: 50 50 cost-share, new invaders rebate, biological control, sprayer loan-out, treatments carried out on TNRD sites, summer student funding, and education initiatives. The Sprayer Loan-Out Program is operated under contract for the TNRD by Purity Feed Co. Ltd.
The 2014 Biological Control Program and portions of the Education Program are delivered under contract for the TNRD by the Southern Interior Weed Management Committee (SIWMC).
This report will investigate the pros and cons, of enacting a proposed bylaw as a new program component. This report will discuss staffing requirements, program delivery, and budget implications. Backgrounder information will be presented, including Provincial Invasive Plant Control trends, describing the evolution of Regional Weed Control Committees in the Province. This information is needed when contemplating a new bylaw, as we can learn from the experiences of others who have bylaw enforcement and from those Regional Districts who have recently ceased the function of bylaw enforcement.
Many local governments are opting out of providing weed control services and are enabling not for profit weed control committees to undertake weed control activities on their behalf. In frequent cases, local bylaws that were once relied on for enforcement, are being shelved in favor of having the regional committee undertake control in various other forms.
In the TNRD’s case, there is no bylaw or enforcement authority granted by the Board of Directors, to direct staff (or a dedicated bylaw inspector) to carry out these activities. Some members of the public would like to see that enforcement of invasive plant infestations be taken on as a function of the TNRD for any weed on the weed list deemed to be invasive. This document will review existing programs in the Province and attempt to provide some baseline information on what a potential bylaw will look like and how a proposed bylaw can best serve the TNRD. Examples of complaints received in 2014, are attached in Appendix B for your review.
The goal of this report is to promote discussion amongst decision makers. Program delivery can take on many forms, and there are as many bylaws as there are Regional Districts in the province all with different components that meet the needs of local constituents. See appendix C Invasive Plant Bylaws.
It is recommended that a proposed bylaw be investigated thoroughly to ensure that the legislation once enacted will have the desired effect.
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Table of Contents
1. Executive Summary ...... 02 2. Introduction ...... 0Error! Bookmark not defined. 3. Treatments on TNRD Lands ...... 05 4. Regional weed Control comittiees vs Local government Weed committees ...... 08 5 Regional Invasive Plant Committee map………………………………………. .... 09 6. Pest Management Plans ...... 11 6. Regional Invasive Plant Committiee list for BC ...... 14 7. Complaints regarding the lack of enforcement ...... 15 8. Budget Implicatons of a new bylaw ...... 15 9. Survey questionaires ...... 15 10. Opportunities and Challenges ...... Error! Bookmark not defined.6 11. Bylaw Considerations - bylaw officer Vs in house staff...... 12. Sample notice to destroy weeds...... 12. Considerations regarding a proposed bylaw ......
Appendicies
01. Appendix A TNRD Noxious Weed Program Financial Statement...... Error! Bookmark not defined.7 02. Appendix B Complaints in 2014 no Bylaw to control Invasive Plants...... 18 03. Appendix C Invasive Plant Blaws...... 19 04. Appendix D – 2013 TNRD Annual Report...... 20
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Introduction
The Thompson-Nicola Regional District (TNRD) Invasive Plant Program is a multi- faceted approach to weed control in the region. The TNRD underwent a comprehensive review of the whole program in 2013 and this information was presented to the Board of Directors for their review and consideration early in 2014.
This report will focus on what other jurisdictions are doing in regards to bylaws and program components. TNRD provides assistance to landowners facing Invasive plant problems by delivering an assistance program focusing on rural private landowners needs. This is a voluntary program that has been long standing. The focus on the program is to provide assistance to those wanting to control troublesome and highly competitive invasive plants. Incentives in the form of financial rebates, or the free use of TNRD equipment suit the varied needs of landowners. The TNRD does not currently have an enforcement program in place to force those not wanting to undertake weed control to be responsible for infestations on their land.
The TNRD receives on average, four to five complaints per year, from landowners who experience problems with neighboring landowners who are either absentee owners, or who have other land management priorities. They either do not regard the problem as highly as those making the complaints, or they have other concerns affecting their land management decisions. Often but not always, there are financial considerations that come into play, and those negligent landowners are very often facing financial difficulties resulting in the in ability to pay for control measures.
The current Invasive Plant Program is achieved by a partnership with the Southern Interior Weed Management Committee (SIWMC) and Purity Feed Ltd. to provide control programs for the treatment and management of invasive plants on private lands only. The TNRD offers rebates and equipment loan-out programs. For landowners wishing to
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treat their property through a licensed contractor, or on by controlling the weeds on their own, rebates for pesticide purchase are available, provided they possess a valid applicators license. The pesticide rebate program is administered in house.
Treatments on TNRD Lands
Funding is provided to the SIWMC for the treatment of invasive plants on landfills, transfer stations, and other land under the jurisdiction of the TNRD.
The management of invasive plants on Crown lands falls under the jurisdiction of the Ministry of Forests, Lands & Natural Resource Operations (MFLNRO), the Ministry of Transportation and Infrastructure (MOTI), Ministry of Agriculture (MOA) and the Ministry of Environment (MOE).
The TNRD’s Invasive Plant programs are as follows:
Participation in SIWMC Single Agency Delivery Program Biological Control Program Education and Awareness Program Sprayer Loan-Out Program 50-50 Cost Share Rebate Program Herbicide Rebate Program New Invaders Program
The 2014 annual report is not available as of this writing. For a full summary of program activities and a complete description of program deliverables, please refer to:
Appendix D – 2013 TNRD Annual Report.
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Regional Weed Control Committees vs Local government weed control committees - trends
Provincially there is a move to establish Regional Invasive Plant control committees. These entities are usually non for profit organizations and operate under the Societies Act as a charity. There are many advantages of doing so, and these regional weed committees have been found to represent a broader spectrum of society than what local governments have established under the guidance of weed control act regulations.
Provincial staffing levels in the “range and weed control sector” have been drastically reduced. As an example, local weed control undertaken in the past at the MOF District level, has nearly vanished. In its place, a regional approach to weed control has been the course for most regions. As a result, regional weed control committees have gained access over recent years to more and more of the provincial funding, once dedicated at the district level, to support their regional activities. Access to provincial funding has increased in recent years, as the Ministry of Forests and the Ministry of Agriculture have undergone restructuring and amalgamation over the past five years.
In the past there were 15 regional invasive plant/weed management committees within British Columbia with two more recently established in 2014, the most recent established in the West Kootenay Region. A listing of the established regional invasive plant/weed control committees is below:
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Regional Invasive Plant Committees
Map courtesy of: The Invasive Species Council
1. Coastal Invasive Plant Committee Coastal Invasive Plant Committee (CIPC) Ph: 250-857-2472 www.coastalinvasiveplants.com Email: [email protected] The CIPC covers the geographic areas of Vancouver Island, the Gulf Islands and the Regional Districts of Powell River, Strathcona, and Mount Waddington, occurring on the Mainland Coast.
2. Greater Vancouver Invasive Plant Council Greater Vancouver Invasive Plant Council (GVIPC) Ph: 604-880-8358 www.gvipc.ca Email: [email protected] The GVIPC covers all lands within the Metro Vancouver Regional District.
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3. Fraser Valley Fraser Valley Invasive Plant Partnership Ph: 604-615-WEED(9333) Email: [email protected] www.fraservalleyweeds.com The FVIPP covers the boundaries inclusive in the Fraser Valley Regional District, from east of Hope to west of Abbotsford/Mission, and north to Skatin and Lil’wat territory. Adjacent communities may also be included in the FVIPP where invasive plant infestations are observed.
4. Sea to Sky Corridor Sea to Sky Invasive Species Council Ph: 604-935-7665 Email: [email protected] uSSISC covers all lands in the Sea to Sky Corridor from Lions Bay to height of land on the Duffy Lake Road (Hwy 99).
5. Okanagan-Similkameen South Okanagan-Similkameen Invasive Plant Society (SOSIPS) Ph: 250-404-0115 www.rdos.bc.ca Email: [email protected] SOSIPS covers all lands within the Regional District Okanagan-Similkameen (RDOS), including the municipalities of Summerland, Penticton, Oliver, Osoyoos, Keremeos and Princeton. Please direct all inquiries to SOSIPS or for further information on invasive plants in this region, refer to the RDOS website.
6. Boundary Boundary Weed Management Committee (BWMC) Ph: 250-446-2232 www.rdkb.com Email: [email protected] The BWMC program covers all lands within the Kettle River Drainage; the Boundary portion of the Regional District of Kootenay Boundary.
7. Central and West Kootenay Central Kootenay Invasive Plant Committee (CKIPC) Ph: 250-352-1160 www.kootenayweeds.com Email: [email protected] The CKIPC program covers the Central Kootenay Regional District and areas A & B of the Kootenay Boundary Regional District from the Paulson Summit East.
8. East Kootenay East Kootenay Invasive Plant Council (EKIPC) Ph: 1-888-55-EKIPC (35472) www.ekipc.com Email: [email protected]
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The EKIPC covers all land within the Regional District of East Kootenay and is approximately 26,000 km2 in size.
9. Central Okanagan Central Okanagan Regional District (CORD) Ph:250-469-6218 www.regionaldistrict.com/departments/inspections/inspections_noxweeds.aspx Currently there is no invasive plant committee in the Central Okanagan. Please direct inquiries to CORD.
10. North Okanagan North Okanagan Regional District (NORD) Ph:250-550-3749 www.rdno.ca Currently there is no invasive plant committee in the North Okanagan. Please direct inquiries to NORD.
11. Columbia-Shuswap Columbia-Shuswap Regional District (CSRD) Ph:250-832-8194 www.csrd.bc.ca Currently there is no invasive plant committee for the Columbia-Shuswap. Please direct inquiries to CSRD.
12. Thompson-Nicola Southern Interior Weed Management Committee (SIWMC) Ph:250-851-1699 www.siwmc.ca Email: [email protected] The SIWMC covers the Thompson-Nicola Regional District, with an area of 45,279 square kilometers. It includes ten municipalities (Ashcroft, Barriere, Cache Creek, Chase, Clearwater, Clinton, Kamloops, Logan Lake, Lytton and Merritt) as well as ten electoral areas.
13. Cariboo, Chilcotin, Coast Cariboo Chilcotin Coast Invasive Plant Committee (CCCIPC) Ph: 250-392-1400 www.cccipc.ca Email: [email protected] The CCCIPC covers the Cariboo Regional District and the Central Coast Regional District. This ranges from Hixon north of Quesnel, south to 70 Mile House, east to Wells Grey Park, and west to the Pacific Ocean.
14. Northeast Northeast Invasive Plant Committee (NEIPC), Peace River Regional District Ph: 250-784-6838 www.peaceriverrd.bc.ca Email: [email protected] Fort Nelson Invasive Plant Management Committee Ph: 250-233-8745 Email: [email protected]
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The NEIPC covers all areas of the Peace River Regional District. The FNIPMASC covers all areas within the Northern Rockies Regional Municipality boundary and is approximately 85,000 square km.
15. Northwest Northwest Invasive Plant Council (NWIPC) Ph: 1-866-44WEEDS (449-3337) www.nwipc.org Email: [email protected] The NWIPC covers four regional districts: Bulkley-Nechako, Fraser Fort George, Kitimat- Stikine, and Skeena Queen Charlotte; and, the Stikine Region adjacent to the Yukon border, and all municipalities within these regions.
Pest Management Plans (PMP)
The TNRD is preparing a new Pest Management Plan (PMP) for Invasive plants and vegetation management at all waste stations throughout the TNRD. The new plan will be in effect from May 01, 2015 thru to April of 2019. This plan will guide control measures on newly constructed Eco depots, refuse transfer stations, closed landfills and community parks.
Local weed control committees operate under Regional Pest management Plans on Public Crown lands. (PMP’s) The province have recently established a new PMP for this purpose. The new PMP is far reaching and is an all-encompassing plan that is multi- jurisdictional in nature. It is the writer’s opinion that most of the Regional Weed Control Committees do not have the finances to establish and maintain an operating pest control plan (PMP).
The writer feels that this is one reason that the ministry of FLNRO has worked to establish regional PMP plans that can be used by many jurisdictions including use by Non for profit Regional Invasive Plant Committees.
Ministry of FLNRO Grants in aid to these nonprofit groups, have increased over the years regarding Regional Weed Committees. For instance within the TNRD, the SIWMC receives an annual grant in the neighborhood of 114K vs the 24K that the TNRD has secured annually to assist weed control program operating and delivery of services.
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It is the writer’s opinion that there is a provincial move towards this type of delivery service model. It is the writers understanding that none of the Invasive plant committees listed above have an enforcement program. This is an important trend to note when
considering to enact a new enforcement bylaw. Invasive Plant Pest management Plan for the Southern Interior of BC on Crown Lands. In effect from May 1, 2014 to April 30, 2019 - Appendix E
Bylaws
Sample bylaws are attached for your review and consideration. For the purposes of this report, and for brevity reasons, not every bylaw in the appendix is discussed, but several bylaws/Regional Districts program offerings and bylaws that were recently rescinded are highlighted. Some of the more relevant neighboring jurisdictions closer to the TNRD situation, are discussed. Recent events leading to changes in organizations where the bylaw has been shelved, or its function reduced are geared to giving a summary of the provincial Invasive Plant bylaw status.
Cariboo Regional District (CRD)
The CRD maintains an Invasive Plant program very similar to the TNRD’s that offers assistance to landowners in the form of: herbicide dispensing, spray equipment loan-out, and a 50 50 cost share program. Many of the components of the services adopted in this region, were adopted from the TNRD model who pioneered these types of programs years ago. The Invasive plant programs in the CRD are run very successfully and highly popular with rural landowners.
Over the course of late 2007 and early 2008, an Invasive Plant Regional Strategic Plan was collaboratively developed and adopted by all land managers in the region. The Plan was created by the Cariboo Chilcotin Coast Invasive Plant Committee (CCCIPC) and covers the geographic regions included in the Cariboo Regional District and Central Coast Regional District. The CRD provides a board member, to this organization. The Cariboo Regional District (CRD) is actively involved in all aspects of the CCCIPC’s activities. Strategies and a detailed prioritization process were developed for all invasive plant species of concern so that a regional approach to control could be maintained.
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The CRD maintains a bylaw that can be utilized to control invasive plants on private property. The bylaw was revised in 2012 and is as follows. BYLAW NO. 4740 “A bylaw of the Cariboo Regional District, in the Province of British Columbia, to prohibit the accumulation of invasive plants on private property and provide for the recovery of the cost of abatement of such invasive plants.” It has not been tested in the courts however, but remains a useful tool whereby offenders who refuse help, are given 21 days to comply with an order to destroy weeds.
Columbia Shuswap Regional District:
The Columbia Shuswap Regional District (CSRD) reviewed its mandate in the fall off 2012 after the weed control officer left the organization and a complete review of how the CSRD delivered the service was undertaken. The CSRD contemplated its mandate and bylaws and explored other models for invasive plant management that exist in BC. The study was commissioned by Juliet Craig of Silverwing Ecological Consulting. The bylaw that allowed for the requisition of tax to pay for former service has not been exercised since 2012. As a result of the CSRD study the Columbia Shuswap Invasive Species Society (CSISC) was formed focusing in invasive plants, milfoil and zebra mussels.
Peace River Regional District (PRD) The Peace River Regional District does not maintain a PMP. They instead operate under the inter-agency ministry PMP for crown land. A new bylaw was recently enacted that was revised from an older out-dated bylaw. The bylaw lists the plants in the local strategic plan which is collaborative with the local regional weed committee and current with the strategic plan for the area. The PRD is currently moving away from the pooled delivery model, as they find that the expectations rise, the money shrinks and the weeds grow.
This Regional District has created a progressive Control & Enforce regime which includes a local bylaw under the BIN system, allowing for a warning ticket and then a
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monetary ticket for violators. Staff feel it is best if all occupiers manage invasives on the lands they control. Bylaw # 2121 Adopted on August 07, 2014 has yet to be tested in court.
Central Okanagan Regional District:
The Central Okanogan Regional District has taken another route and adopted a simple bylaw that focus on plant height rather than a species list. All roadside plants including grasses are targeted by the bylaw to be cut to specific heights throughout the growing season. This soft solution meets the needs of this agricultural area, without focusing on conflicts with orchardists, vineyards, and other growers and intends to reduce plant height and somewhat reduce the seed source of invasive plants without the conflict of herbicide possibly affecting desirable crops.
Pressures on Regional Weed Committees to Diversify
Local weed control committees are facing pressures to include invasive species as their mandate. This further increases pressures on budgets as available funds are dedicated to varied control concerns.
Another impact on Invasive plant control budgets, is the fact that the list of terrestrial plants on the Provincial Invasive Plant list will be increasing from less than 50 plants to over 120 plants. Legislation soon will be adopted for the year 2015, includes listed
weeds provincially that will be deemed to be invasive. Information via oral presentation, Val Miller, Ministry of Forests Lands, natural Resource Operations (FLNRO) – Invasive species council presentation February, 2014.
As regulations change, so do the pressures on budgets. In 2015 there will be 3 categories of weeds vs the present 2 categories of weeds on the invasive list established by the province (FLNRO). All of these pressures are bound to affect program delivery as more and more weed species are targeted for control.
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In the TNRD region there has been pressure on the local Regional Weed Committee (SIWMC) to diversify and accept Eurasian milfoil as a target plant. The southern Interior weed Management Committee has resisted aquatic plant management up to the current time. Other jurisdictions have now changed their name and mandate to include the term “Invasive species” as a target for control including aquatic organisms, fish, snails, and aquatic weeds and other invasive organisms.
When examining whether or not to enact a new bylaw, it is important to look at existing program components and how stable they may be in the future. If any of the current TNRD program components will be changing as a result of legislation, in the short term looking 5 years in to the future these matters should be investigated before a bylaw is initiated.
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CARIBOO REGIONAL DISTRICT
BYLAW NO. 4740
A bylaw of the Cariboo Regional District, in the Province of British Columbia, to prohibit the accumulation of invasive plants on private property and provide for the recovery of the cost of abatement of such invasive plants
WHEREAS the Cariboo Regional District has established an invasive plant management service pursuant to the “Cariboo Regional District Weed Control Extended Service Establishment Bylaw No. 3483, 1998”, and amendments thereto, and;
WHEREAS, pursuant to the Local Government Act, being Chapter 323 of the Revised Statutes of British Columbia, and amendments thereto, a Board may prohibit persons from causing or permitting invasive plants to collect or accumulate around their premises and provide for the recovery of costs of abatement of such invasive plants;
NOW THEREFORE, the Board of the Cariboo Regional District, in open meeting assembled, enacts as follows: 1. Title
(a) This Bylaw may be cited for all purposes as the “Cariboo Regional District Invasive Plant Management Regulation Bylaw No. 4740, 2012”.
2. Definitions
In this Bylaw:
(a) “Board” means the Cariboo Regional District Board;
(b) “Invasive Plants” has the same meaning as ‘noxious weeds’, meaning any part, seeds, or propagule of species named in Schedule ‘A’ attached to this Bylaw;
(c) “Occupier” means a person who (a) is in physical possession of land, premises or property, or (b) is responsible for and has control over the condition of, the activities conducted on and the persons allowed to enter or use, land, premises or property;
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(d) “Owner” means the person or persons, including a corporation or company, registered in the records of a land title office as owner in fee simple of a Real Property or, where there is a registered agreement for sale and purchase of the Real Property, the registered agreement for sale and purchase, and includes that person’ authorized agent;
(e) “Real Property” means lands, premises, buildings, structures and other improvements affixed to the land;
(f) “Regional District” means the Cariboo Regional District;
(g) “Service Area” means the portion of the Cariboo Regional District within which this bylaw applies, as established in “Cariboo Regional District Weed Control Extended Service Establishment Bylaw No. 3483, 1998”, and amendments thereto;
(h) “Weed Control Officer” means a person appointed by or contracted by the Board to enforce this Bylaw.
3. Regulation
(a) Every owner or occupier of Real Property within the Service Area shall ensure that his or her property be cleared of and remain free from all Invasive Plants listed in Schedule ‘A’ to this Bylaw. The invasive plants shown on Schedules ‘B’ & ‘C’ attached to and forming part of this bylaw are exempt in the areas shown.
4. Authority to Inspect
(a) A Weed Control Officer is authorized to enter upon any Real Property within the Service Area at any time during daylight hours, for the purpose of inspecting the Real Property in order to ascertain whether Invasive Plants listed in Schedule ‘A’ to this Bylaw are present.
5. Notification to Owners and Occupiers
(a) If the Weed Control Officer determines that there are Invasive Plants present on any Real Property within the Service Area, he or she may serve written notice to the Owner of such Real Property, to control the invasive plants in such a manner as set out in the written notice within twenty-one (21) days of the date of such mailing.
(b) If, after the expiry of twenty-one (21) days from the mailing date of the written notice, the Invasive Plants have not been treated as set out in the written notice and no appeal from the Weed Control Officer’s order has been filed, it shall be lawful for the Regional District, by its employees, agents or contractors, to enter upon such Real Property to control the Invasive Plants by any means necessary, at the expense of the Owner of the Real Property.
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6. Costs of Controlling Invasive Plants
(a) The actual costs incurred by the Regional District for controlling the Invasive Plants, if unpaid on the 31st day of December in any year, shall be added to and form part of the taxes applicable in respect of such Real Property as taxes in arrears.
7. Notice
Where notice is to be given pursuant to this bylaw, such notice shall be given in writing. Notice shall be deemed sufficiently delivered if:
(a) personally served upon the Owner of the Real Property that is the subject of the notice; or
(b) mailed by registered mail to the last known address of the owner of the Real Property, and subsequently signed for by or on behalf of the Owner.
8. Appeals
(a) The Owner of the property named in the written notice issued under Section 5(a) may appeal the written notice to the Board within ten (10) days of receipt of the written notice and the Board shall hear and decide upon the appeal at its next regularly scheduled meeting, and the decision of the Board shall be final.
9. Offence and Penalty
(a) Refusal by any Owner or Occupier of Real Property to permit or allow the Weed Control Officer or any other Regional District employee or contractor to enter onto the property for the purpose of controlling the Invasive Plants as specified in the notice served in accordance with this Bylaw shall constitute a violation under this Bylaw.
(b) Every person who contravenes a provision of this Bylaw shall be liable on summary conviction to the penalties prescribed by the Offence Act, being Chapter 338 of the Revised Statutes of British Columbia, and amendments thereto.
10. Severability
(a) If any provision of this Bylaw is found invalid by any court of competent jurisdiction, the offending portion shall be severed. Such decision shall not affect the validity of the remaining portions of this bylaw.
11. Headings
(a) The headings in this Bylaw are inserted for convenience and reference only and in no way define, limit or enlarge the scope of this bylaw or any portion thereof.
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12. Repeal
(a) Cariboo Regional District Invasive Plant Management Regulation Bylaw No. 4514, 2009 is hereby repealed.
READ A FIRST TIME THIS 9th DAY OF March , 2012.
READ A SECOND TIME THIS 9th DAY OF March , 2012.
READ A THIRD TIME THIS 9th DAY OF March , 2012.
ADOPTED THIS 9th DAY OF March , 2012.
Chair
Corporate Officer
I hereby certify that the foregoing is a true and correct copy of Bylaw No. 4740, cited as the “Cariboo Regional District Invasive Plant Management Regulation Bylaw No. 4740, 2012” as adopted by the Cariboo Regional District Board the _9th_ day of March , 2012.
Corporate Officer
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Cariboo Regional District Invasive Plant Management Regulation Bylaw No. 4740, 2012
Schedule ‘A’
INVASIVE PLANTS
Annual Sow Thistle (Sonchus oleraceus) Baby’s Breath (Gypsophila paniculata) Black Henbane (Hyoscyamus niger) Blueweed (Echium vulgare) Burdock (Arctium spp.) Canada Thistle (Cirsium arvense) Cleavers (Galium aparine) Common Bugloss (Anchusa officinalis) Common Crupina (Crupina vulgaris) Common Tansy (Tanacetum vulgare) Common Toadflax (Linaria vulgaris) Dalmatian Toadflax (Linaria dalmatica) Diffuse Knapweed (Centaurea diffusa) Dodder (Cuscuta spp.) Field Scabious (Knautia arvensis) Gorse (Ulex eurpaeus) Green Foxtail (Setaria viridis) Himalayan Balsam (Impatiens glandulifera) Hoary Alyssum (Berteroa incana) Hoary Cress (Cardaria spp.) Hound’s-tongue (Cynoglossum officinale) Jointed Goatgrass (Aegilops cylindrica) Knotweed Species (Fallopia secies, Polygonum species) Kochia (Kochia scoparia) Leafy Spurge (Euphorbia esula) Marsh Plume Thistle (Cirsium palustre) Meadow Knapweed (Centaurea pratensis) Night-flowering catchfly (Silene noctiflora) Nodding Thistle (Carduus nutans) Orange Hawkweed (Hieracium aurantiacum) Oxeye Daisy (Leucanthemum vulgare) Perennial Pepperweed (Lepidium latifolium) Perennial Sow Thistle (Sonchus arvensis) Plumeless Thistle (Carduus acanthoides) Puncturevine (Tribulus terrestris) Purple Loosestrife (Lythrum salicaria) Purple Nutsedge (Cyperus rotundus)
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Cariboo Regional District Invasive Plant Management Regulation Bylaw No. 4740, 2012
Schedule ‘A’ - continued
Quackgrass (Agropyron repens) Rush Skeletonweed (Chondrilla juncea) Russian Knapweed (Acroptilon repens) Russian Thistle (Salsola kali) St. John’s Wort (Hypericum perforatum) Scentless Chamomile (Matricaria maritime) Scotch Thistle (Onopordum acanthium) Spotted Knapweed (Centaurea biebersteinii) Sulphur Cinquefoil (Potentilla recta) Tansy Ragwort (Senecio jacobaea) Tartary Buckwheat (Fagopyrum tataricum) Velvetleaf (Abutilon theophrasti) White Cockle (Lychnis alba) Wild Chervil (Anthriscus sylvestris) Wild Mustard (Sinapsis arvensis) Wild Oats (Avena fatua) Yellow Flag Iris (Iris pseudacorus) Yellow Nutsedge (Cyperus esculentus) Yellow Starthistle (Centaurea solstitialis)
-- end --
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 43 of 64 Proposed Weed Control Bylaw Report by the Director of Enviro...
Legend SCHEDULE 'B' Orange and Yellow Hawkweed Containment Area CARIBOO REGIONAL DISTRICT Electoral Area Boundary INVASIVE PLANT MANAGEMENT Roads REGULATION Community Boundary BYLAW No. 4740, 2012 Lakes
'B' 'Wells' 'C' 'I' 'Quesnel'
'A'
'F' 'D'
'Williams Lake (Airport)' 'J' 'Williams Lake'
'H' 'K' 'E' 'G'
'100 Mile House' 4 'L' Page 44 of 64
Meters 0 24,500 49,000 98,000 Proposed Weed Control Bylaw Report by the Director of Enviro...
SCHEDULE 'C' Legend Field Scabious Containment Area CARIBOO REGIONAL DISTRICT Electoral Area Boundary INVASIVE PLANT MANAGEMENT Roads REGULATION Community Boundary BYLAW No. 4740, 2012 Lakes
'B'
'Wells'
TH OR 7 A WN YG 9H HI
H 'C' E W LL Y VI MCLEAN RD MCLEAN ER RK BA
R
A BARKERVILLE HWY
N
C
H
R D
'B' 'Quesnel'
SWIFT RIVER FSR
QUESNEL-HYDRAULIC RD
'A' Page 45 of 64
'I' Meters 0 2,750 5,500 11,000 4 PEACE RIVER REGIONAL DISTRICT Bylaw No. 2121, 2014
A bylaw to control invasive plants and noxious weeds
WHEREAS the Local Government Act authorizes the Regional Board to require the owners or occupiers of real property, or their agents, to clear their property of invasive plants;
AND WHEREAS the Peace River Regional District has adopted "Invasive Plant Control Ser-Vice Establishment Conversion Bylaw No. 2120, 2014;
AND WHEREAS it is deemed advisable and expedient for the protection of the Regional District's economy, environment and social values from invasive plants that such powers be exercised and necessary and sufficient regulatory measures be enacted;
NOW THEREFORE, the Board of the Peace River Regional District, in open meeting assembled enacts as follows:
CITATION 1. This bylaw may be cited for all purposes as "Invasive Plant Control Bylaw No. 2121, 2014".
DEFINITIONS: 2. In this bylaw:
a. Invasive plants are plants that are not native to this portion of northeast BC, most having originated from Europe and Asia, which cause negative economic, environmental and/or social impacts.
b. Noxious weeds are plants that cause damage significant enough that they are placed on a noxious weed list in legislation like the Weed Control Act providing for enforced management of infested sites.
c. Invasive plant and/or noxious weed means any plant specified in Schedule "A" of this bylaw.
d. Occupier means a person who is in physical possession of land, premises or property or is responsible for and has control over the condition or activities and is allowed to enter or use the land, premises or property.
e. Owner means the person or persons, including a corporation or company registered in the records of a land title office as owner in fee simple of a Real Property.
f. Real Property means lands, premises, buildings, structures and other improvements affixed to the land.
g. Manager of Invasive Plants means the person appointed by the Peace River Regional District Board, or designate, for the purposes of enforcing and administering this bylaw.
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 46 of 64 Peace River Regional District Bylaw No. 2121,2014
REGULATION:
3. No person who is an Owner or Occupier of Real Property shall allow any Invasive Plant or Noxious Weed to grow on that Real Property.
4. The Manager of Invasive Plants, or designate, may enter any Real Property for the purposes of enforcing and administering this bylaw.
5. Every person who is found guilty of an offence under this bylaw shall be liable upon summary conviction by a fine not exceeding five thousand dollars $5000.00, plus the cost of prosecution.
6. Each day that a violation of this bylaw continues or is allowed to continue constitutes a separate offence.
7. The actual costs incurred by the Regional District for controlling Invasive Plants, if unpaid on the 31st day of December in any year, shall be added to and form part of the taxes applicable in respect of such Real Property as taxes in arrears.
8. If any section, subsection, sentence, clause or phrase of this bylaw is for any reason held to be invalid by the decision of a court competent jurisdiction, the remainder of this bylaw will remain in full force and effect.
REPEAL:
9. "Noxious Weed Control By-law No. 992, 1995" is hereby repealed.
READ A FIRST TIME this 15th day of May '2014. READ A SECOND TIME this 15th day of May '2014. READ A THIRD TIME this 15th day of May '2014. ADOPTED this ~ day of August , 2014.
•• ~earen Goodmgs, ~L~ Cha1r
I hereby certify this to be a true and correct copy of Bylaw No. 2121, 2014 titled, "Invasive Plant Control Service Establishment Bylaw No. 2121, 2014", as adopted by the Peace River Regional District Board on , 2014.
Corporate Officer
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SCHEDULE 'A'
Common name(s) Latin names Annual bluegrass PoaAnnua Baby's breath Gypsophila paniculata Big headed knapweed Centaurea macrocephala Blueweed Echium vulgare Brown knapweed Centaurea jacea Burdock Arctium spp. Canada thistle Cirsium arvense Cheat grass Bromus tectorum Chicory Cichorium intybus Comfrey Symphytum spp Common tansy Tanacetum vulgar Common toadflax Linaria vulgaris Creeping bell flower Campunaula rapunculiodes Cypress spurge Euphorbia cyparissias Dalmatian toadflax Linaria dalmatica Dame's Rocket Hesperis matronalis Diffuse knapweed Centaurea diffusa Field scabious/Blue button Knautia arvensis Goat's-beard or salsifly Tragopogon spp Green foxtail Sertaria viridis Himalayan balsam Impatiens glandulifera Hoary alyssum Bereroa incana Hoary cress Cardaria draba Hound's-tongue Cynoglossum officinale Jointed goatgrass Aegi/ops cylindrical Knotweed species Fal/opia spp Kochia Kochia scoparia Leafy spurge Euphorbia esula Marsh thistle Cirsium palustre Mountain bluet Centaurea Montana Mustard, dog Eruscastrum gal/icum Night-flowering catchfly Silene noctiflora Nodding thistle Carduss nutans Orange hawkweed Heiracium aurantiacum Oxeye daisy Chrysanthemum leucanthemum Perennial pepperweed Lepidium latifolium L. Plumeless thistle Carduus acanthoides Purple loosestrife Lythrum spp.
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SCHEDULE 'A'
Common name(s) Latin names Rush skeletonweed Chondrilla juncea Russian thistle Sa/sola kali Scentless chamomile Matricaria perforata Scotch broom Cytisus scoparius Shasta daisy Leucanthenum x superbum Sow thistles Sonchus spp. Spotted knapweed Centaurea biebersteinii St. John's Wort Hypericum perforatum Stinking mayweed Anthemis cotula Sulphur cinquefoil Potentilla recta Tall buttercup Ranunculus acris Tansy ragwort Senecio jacobeae Tartary buckwheat Fagopyrum tataricum Velvetleaf Abutilon theophrasti White cockle Lychnis alba Wild caraway Carvi commun Wild mustard Sinapsis arvensis Wild parsnip Pastinaca sativa Wormwood or Absinthium Artemisia absinthium Yellow clematis Clematis tangutica Yellow hawkweed Heiracium pratense
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 49 of 64 REGIONAL DISTRICT WEED CONTROL REGULATION BYLAW
The following is a consolidated copy of Bylaw 2347 being “Regional District Weed Control Regulation Bylaw 2001” and includes the following bylaws:
BYLAW BYLAW NAME ADOPTED PURPOSE NO. 2347 Regional District Weed Control March 26, 2001 To eradicate noxious weeds Regulation Bylaw 2001” located in Areas A, B, C and K. 2704 Regional District Weed Control Sept 27, 2004 Amends Schedule A by adding Regulation Bylaw 2001”, 7 more noxious weeds Amendment Bylaw No. 1 2760 Regional District Weed Control Feb 23, 2005 Amends Schedule A by adding Regulation Bylaw 2001”, Dalmatian Toadflax Amendment Bylaw No. 2 2774 Regional District Weed Control March 25, 2005 Amends Schedule A by adding Regulation Bylaw 2001”, Himalayan Blackberry Amendment Bylaw No. 3
This bylaw may not be complete due to pending updates or revisions and therefore is provided for reference purposes only. THIS BYLAW SHOULD NOT BE USED FOR ANY LEGAL PURPOSES. Please contact the corporate legislative officer at the Comox Valley Regional District to view the complete bylaw when required.
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 50 of 64 REGIONAL DISTRICT OF COMOX-STRATHCONA
BYLAW NO. 2347
A BYLAW TO REGULATE NOXIOUS WEEDS
WHEREAS the Board of the Regional District of Comox-Strathcona adopted Bylaw No. 2346 being “Regional District Weed Control Service Establishment Bylaw 2001” on the 26th day of March, 2001;
AND WHEREAS under Section 797.1(1)(d) of the Local Government Act, a Regional District may exercise the regulatory powers of a municipality under Section 725(1)(e) of the Local Government Act to require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths;
AND WHEREAS the Regional District deems the plants listed in Schedule ‘A’ to this Bylaw to be noxious weeds;
AND WHEREAS the Regional District wishes to enact a Bylaw to eradicate the noxious weeds listed in Schedule ‘A’ within Electoral Areas ‘A’, ‘B’, ‘C’ and ‘K’ of the Regional District of Comox-Strathcona;
NOW THEREFORE, the Board of the Regional District of Comox-Strathcona, in open meeting assembled, enacts as follows:
1. CITATION
This Bylaw may be cited for all purposes as the “REGIONAL DISTRICT WEED CONTROL REGULATION BYLAW 2001”
2. DEFINITIONS
In this Bylaw:
a) Administration Officer means a person appointed under that title by the Board pursuant to its powers under the Local Government Act. b) Board means the Board of the Regional District of Comox- Strathcona c) Bylaw Enforcement means a person appointed by or contracted by the Board Officer to enforce this Bylaw. d) Occupier has the same meaning as in the Local Government Act. e) Owner has the same meaning as in the Local Government Act. f) Real property has the same meaning as in the Local Government Act. g) Regional District means the Regional District of Comox-Strathcona
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 51 of 64 Bylaw No. 2347 – “Regional District Weed Control Regulation Bylaw 2001” Page 2
3. PROHIBITION
Every owner or occupier of real property in Electoral Areas ‘A’, ‘B’, ‘C’ and ‘K’ of the Regional District of Comox-Strathcona, or that person’s agent, shall ensure that his or her property be cleared of, and remain free from, all noxious weeds listed in Schedule ‘A’ to this Bylaw.
4. AUTHORIZED INSPECTION OFFICER
A Bylaw Enforcement Officer or the Administration Officer is authorized to enter upon any real property within the Regional District at all reasonable times, after having given notice to the owner or occupier, for the purpose of inspecting the same property in order to ascertain whether noxious weeds listed in Schedule ‘A’ to this Bylaw are present.
5. NOTIFICATION TO OWNERS AND OCCUPIERS
1) If the Administration Officer determines that there are noxious weeds present on any property within the Regional District, he or she shall notify the owner or occupier of such real property, by letter, to take steps to eradicate the weeds within fourteen (14) days of the date of the inspection.
2) If, after the expiry of 14 days from the date inspection, the noxious weeds have not been eradicated to the satisfaction of the Administration Officer and no appeal from the Administration Officer’s order has been filed, it shall be lawful for the Regional District, by its employees, agents or contractors, to enter upon such real property to eradicate the noxious weeds by any means necessary, at the expense of the person defaulting.
6. COSTS OF ERADICATION
The charges incurred by the Regional District for eradicating the weeds, if unpaid on the 31st day of December in any year, shall be added to and form part of the taxes applicable in respect of such real property as taxes in arrears.
7. NOTICE
Where notice is to be given pursuant to this bylaw, such notice shall be given in writing. Notice shall be deemed sufficiently delivered if:
a) personally service upon the owner or occupier of the property affected by such notice; or b) mailed by registered mail to the address of the real property or the last known address of the owner or occupier, and subsequently signed for by or on behalf of the owner or occupier.
8. PENALTY
Every person who contravenes a provision of this Bylaw commits an offence and is liable on summary conviction to the penalties prescribed by the Offence Act.
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9. SEVERABILITY
If any provision of this Bylaw is found invalid by any court of competent jurisdiction, the offending portion shall be severed. Such decision shall not affect the validity of the remaining portions of this bylaw.
10. HEADINGS
The headings in this Bylaw are inserted for convenience and reference only and in no way define, limit or enlarge the scope of this bylaw or any portion thereof.
11. COMING INTO FORCE
This bylaw shall come into force and take effect on or after the date of its adoption.
TH READ A FIRST AND SECOND TIME THIS 26 DAY OF MARCH 2001.
TH READ A THIRD TIME THIS 26 DAY OF MARCH 2001.
TH ADOPTED THIS 26 DAY OF MARCH 2001.
“D.M. Andrews” “B. Randall” ______Chair Manager of Corporate Administration
I hereby certify the foregoing to be a true and correct copy of Bylaw 2347 being “Regional District Weed Control Regulation Bylaw 2001” as adopted by the Board of the Regional District of Comox-Strathocna on the 26th day of March, 2001.
“B. Randall” ______Manager of Corporate Administration
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REGIONAL DISTRICT OF COMOX-STRATHCONA
BYLAW NO. 2774 (AMENDMENT)
“REGIONAL DISTRICT WEED CONTROL REGULATION BYLAW 2001, AMENDMENT BYLAW NO. 3”
SCHEDULE ‘A’
Purple Loosestrife (Lythrum Salicaria) Japanese Knotweed (Polygonum cuspidatum) Yellow Flag Iris (Iris pseudacorus) Spotted Knapweed (Centaurea biersteinii) English Ivy (Hedera helix) Giant Cow Parsnip (Hogweed) Heracleum mantegazzianum) Scotch Broom (Cytisus scoparius) Gorse (Ulex europaeus) Dalmatian Toadflax (Linaria dalmatica) Himalayan Blackberry (Rubus discolor)
Proposed Weed Control Bylaw Report by the Director of Enviro... Page 54 of 64 Legislative Services COMMITTEE REPORT
TO: Electoral Area Directors DATE: September 8, 2014
FROM: Corporate Officer
SUBJECT: Establishment of Service Areas
RECOMMENDATION(S):
1. That the New Service Establishment report by the Corporate Officer be received.
Carolyn Black Approved for Corporate Officer Committee Consideration CAO
BACKGROUND:
In 2014 the establishment of five new services/service areas were investigated and public assent processes carried out.
Service Public Assent Process Result Whitecroft Fire Protection Service Petition Approved Spences Bridge Park Financial Referendum Defeated Contribution 70 Mile House Fire Protection Petition Defeated Financial Contribution Paul Lake Fire Protection Financial Petition Approved Contribution and Loan Authorization Area “N” Alternative Waste Collection Director Consent/Waste Approved Service Management Act
Establishment of Service Areas Policy No. 6.1.1 (adopted February 18, 1988 & amended March 4, 2008) provides guidance and identifies the general process for the establishment of new services to the Board and to staff. In addition to Board Policy No. 6.1.1, the establishment of new services is governed by the provisions of the Local Government Act.
Establishment of Service Areas Report form the Corporate Off... Page 55 of 64 September 8, 2014 Page 2 of 3 Subject: Establishment of Service Areas
Establishing Bylaw LGA 800(1)
In order to operate a service, the Board must first adopt an establishing bylaw for the service in accordance with this Division.
Approval of Establishing Bylaws (LGA 801)
An establishing bylaw has no effect unless, before its adoption, it receives the approval of the inspector of Municipalities and participating area approval.
Subject to the associated provisions for each method of approval, participating area approval may be obtained by assent of the electors, alternative approval, petition or consent on behalf of the electors/municipality.
Responsibility for obtaining approval (LGA 801.1)
The Board may choose the method of approval. The Board is responsible for obtaining approval. The Board is responsible for the costs.
Methods of Approval (LGA 801.2 to 801.5)
1. Assent (Referendum)
2. Alternative Approval Process limited to services where the tax requisition is no more than the equivalent of 50¢/$1,000 of assessment or relates to sewage, water or solid waste/recycling
3. Petition
4. Consent on behalf of electors may be undertaken if the service requires no requisition limit, the participating area includes an entire electoral area and no borrowing is required to establish the service.
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Other Provisions (LGA 801.5 & 801.6)
Electoral Area Director consent, in writing, is required for service establishment when the method of approval is petition or consent on behalf of the electors.
If a Director refuses to give consent, the Board may, by a 2/3 vote, dispense with the Electoral Area Director’s consent and give participating area approval by consenting to adoption of the bylaw on behalf of the electors. That Director may appeal to the minister for a review (this must be commenced within 14 days of the Board resolution to adopt).
If the service includes borrowing money as a condition of service establishment, approval must be sought for both establishment and loan authorization as if it were one bylaw.
Re-submission to Electors for Approval (LGA 159)
If a bylaw that requires the assent of the electors does not receive that assent, a bylaw for the same purpose may not be submitted to the electors within a period of 6 months from the last submission except with the ministers’ approval.
Attachment(s)
Board Policy 6.1.1
Establishment of Service Areas Report form the Corporate Off... Page 57 of 64 THOMPSON-NICOLA REGIONAL DISTRICT Board Policy Manual
Adopted by Board of Directors POLICY NO. Effective Date February 18, 1988 6.1.1
Amended by Board of Directors Amendment Date(s): March 4, 2004 File No: Click here to enter text. SUBJECT: ESTABLISHMENT OF SERVICE AREAS Category: Legal Matter – Service Establishment
PURPOSE: To provide guidance with regard to the process to determine establishment of a service area
APPLICATION: This policy applies to the Board of Directors and staff
REFERENCE: Former policy No. 11.3
POLICY
1. If a proposal is deemed to be generally feasible, the boundaries of the proposed local service area must be clearly established on a map, and a map of the proposed local service area is prepared.
2. Assessment information with regard to value of land and buildings applicable to the proposed local service area is compiled.
3. The Director(s) must establish the method of taxation for the proposed service:
(a) land only; (b) improvements only; (c) land and improvements; or (d) parcel tax.
4. A budget is prepared (by the Director(s), resident proponent groups and staff) to determine the capital debt requirement, as well as operational and maintenance costs applicable to the proposed service.
5. Once the method of taxation has been determined and a budget has been prepared, the requisition rate (dollars for $1,000 of assessed value) for the proposed service is established.
6. If there is some question as to the feasibility of a proposal, a feasibility study, engaging consultants, may be necessary. The completion of a study must be approved by the Board of Directors.
7. With the establishment of the requisition rate, an informational presentation is prepared,
Page 1 of 2
Establishment of Service Areas Report form the Corporate Off... Page 58 of 64 Category: Legal Matter – Service Establishment Policy No. 6.1.1 Subject: ESTABLISHMENT OF SERVICE AREAS
8. The Director(s) representative of the jurisdictions in which a new service is proposed to be established, along with Administrative staff, shall hold an open public information meeting with residents of the area requesting a service, or with a proponent group representing those residents to outline the procedure and determine the general acceptance of the proposal.
The presentation at the meeting shall include examples of what the cost to the taxpayer would be on:
(a) a residential property; (b) a business property;
as well as any other information pertinent to the service.
9. At the public information meeting, general acceptance of the proposal will be determined by either a straw poll or a show of hands to indicate residents’ interest in establishing the proposed service. The tone of the meeting should enable the Director(s), in consultation with administrative staff, to decide whether they decide it is in the best interest of both the people within the local area and the Thompson-Nicola Regional District to recommend to the Board of Directors to proceed with the proposed service.
Page 2 of 2
Establishment of Service Areas Report form the Corporate Off... Page 59 of 64 Finance COMMITTEE REPORT
TO: Electoral Area Directors DATE: September 11, 2014
FROM: Director of Finance
SUBJECT: Reserves – Building Standards and E911
RECOMMENDATION:
That the Reserves – Building Standards and E911 report by the Director of Finance dated September 11, 2014 be received for information only.
DOUGLAS RAE Approved for Director of Finance Board Consideration CAO
SUMMARY:
A topic for discussion requested for this meeting is “Excesses in surpluses in Building Funds and E911… how to handle surpluses unlikely to be used in these services”. The intent of this report is to provide factual information to support this discussion and to make a recommendation on future budget strategy.
Reserves – Building Standards and E911 Report form the Direc... Page 60 of 64 September 11, 2014 Page 2 of 5 Subject: Reserves – Building Standards and E911
BACKGROUND:
Building Department:
These reserves are operating reserves, meaning they are intended to be used to offset future operational expenses – in other words, they allow us to draw on them as needed to reduce volatility in tax rates. They make up part of the overall matrix of revenues in the building department which also include building inspection permit fees and contract for service revenues with other local governments.
Historically, the building department operating reserves and surpluses have been allowed to grow in years of greater development and then been drawn on in other years. As can been seen in the chart above, the reserve has been drawing down since its peak in 2009 and is currently somewhat less than what was there in 2007.
In terms of taxation, this service is funded by all electoral areas within the TNRD.
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E911:
E911 has both operating and capital reserves, the majority of which is capital. Operating reserves (green in the chart above) have been drawn down significantly over the last five years in order to offset tax increases that would otherwise have been necessary.
As with the building department operating reserves, the E911 operating reserves are intended to do exactly that; to reduce tax volatility over the long term.
In terms of taxation, all electoral areas and member municipalities with the exception of the City of Kamloops fund this service.
DISCUSSION:
Reserves – Building Standards and E911 Report form the Direc... Page 62 of 64 September 11, 2014 Page 4 of 5 Subject: Reserves – Building Standards and E911
As noted above, both of these services operating reserves are designed to reduce volatility in taxation. These and other operating reserves are one of the main tools used by Finance in managing this for the TNRD as a whole, not just for these services in isolation.
The TNRD services can be grouped broadly as those that all areas fund, those that all areas except Kamloops fund, and those that only the electoral areas fund.
In managing the volatility of taxes in the various areas of the TNRD, Finance can use these reserves to reduce taxation volatility because of the participating areas. When looked at in total over a five year horizon, we can use reserves in the library or administration service areas that everyone pays into (or benefits from) to adjust tax rates as necessary. However, we must then use the E911 reserves to further adjust tax rates for member municipalities and elector areas without further impacting Kamloops, if that is necessary, and then we must again use the building department reserve to again adjust tax rates for electoral areas without impacting the other further. This is possible because they individually effect each of the broad groups listed above.
In this way use of these reserves allows us to manage the revenue requirements for not only these services, but all the others as well. Drawing down on the building department reserve can allow, for example, for extra expenditures to be made in one of the other E/A services such as noxious weed control or emergency management programs without increasing E/A tax rates overall.
With all of that in mind, the needs of the particular services in which these reserves reside is also considered. For example, in March 2014 of this year the building department reserve balances formed part of the discussion held at a Committee of the Whole meeting regarding recommended increases in permit fees and the overall balance of funding of building services between taxation and other sources.
In setting it annual budget, Finance always considers the requirements over the next five years at a minimum, and this analysis of expected future revenues and expenditures informs the decisions about funding of these reserves (or draws from). In doing so, we are balancing new growth as it becomes available, changes in service levels and potential future capital projects, and contingencies for the unknown.
Reserves – Building Standards and E911 Report form the Direc... Page 63 of 64 September 11, 2014 Page 5 of 5 Subject: Reserves – Building Standards and E911
Overall analysis of the outlook for 2015 to 2018 currently suggests that increases in taxes are likely necessary in some of those services that all areas fund, should current surplus levels decline as projected in the 5-year plan (Library, most notably).
However, we anticipate that draws on the E911 operating reserve will offset this to keep taxation rates lower than otherwise. In addition, use of the building department reserves can further absorb minor increases in other E/A services. These are all decisions that must be made on an annual basis as the budget is developed and considered for approval.
Lastly, it should be made clear that these reserves represent a one-time shot and not ongoing replacement of taxation. Once used to reduce taxation in a given year the funds are gone and taxation goes back up the following year.
Capital reserves:
E911 capital reserves are different in that they are intended to fund expected future infrastructure needs for the E911 service. Specifically, the next generation of E911 equipment is on the horizon and the cost is still unknown, although we know it will be significant.
Reserves – Building Standards and E911 Report form the Direc... Page 64 of 64