THE CORPORATION OF THE CITY OF FERNIE Regular Meeting of Council held at 7:00 pm on September 14, 2015 Council Chambers at City Hall, 501-3rd Avenue, Fernie, B.C.

15 Minute Public Input Period AGENDA

Page

1. Call to Order

2. Approval of Agenda and Late Items (subject to section 17 (1))

3. Adoption of Minutes

6 - 15 3.1 Minutes of Regular Meeting of Council held on August 24, 2015. 2015-08-24 Regular Minutes

4. Business Arising from the Minutes

5. Public and other Hearings, and Consideration of Third Reading or Adoption of Bylaws and Issuance of Permits where applicable after each Hearing

16 - 58 5.1 Public Hearing for Bylaw No. 2272, cited as Official Community Plan Bylaw No. 2231, Amendment Bylaw No. 3, 2014 and Bylaw No. 2278, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 175, 2014.  Statement of the Chair  Summary of staff report by the Director of Planning;  Applicant presentation;  Submissions from the floor;  Applicant response to submissions;  Questions from Council; and  Close the Public Hearing

STAFF RECOMMENDATION: 1. That Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 be read a third time; 2. That Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 be adopted; and

Page 1 of 221 City of Fernie Regular Meeting of Council of September 14, 2015 Agenda

3. That Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 be read a third time and referred to the Ministry of Transportation and Infrastructure for approval. 2015-09-14 R (PH Statement of Chair) 2015-09-09 RTC letter of support - Walls letters of support - Kelly, MacFarlane, Jordan & Embury

59 - 83 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015.

 Summary of Staff Report by the Director of Planning;  Presentation by Applicant (if present);  Submissions from the floor;  Applicant response to submissions;  Questions from Council; and  Close the Public Hearing.

STAFF RECOMMENDATION: That Bylaw No. 2282, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 be read a third time and referred to the Ministry of Transportation and Infrastructure for approval. 2015-09-09 RTC

6. Petitions and Delegation – Requests to address Council

84 - 86 6.1 Tara Beck and Pepper Sterling on behalf of the Fernie Kids Triathlon

2015 letter to the City re- kids triathlon Fernie Kids Triathlon Budget

7. Staff Reports

87 - 101 7.1 Development Variance Permit Application No. 376 for Duncan Maisels and Shannon Takacs for property located at 1362 & 1392 - 5th Avenue. Report from Director of Planning.

STAFF RECOMMENDATION: That Council approve Development Variance Permit Application No. DVPA-376 and give notice of their intention to consider the issuance of Development Variance Permit No. DVP-376 to Duncan Maisels and Shannon Takacs for Lot 3, District Lot 4588, Kootenay District, Plan 6952 (the “Lands”):

Page 2 of 221 City of Fernie Regular Meeting of Council of September 14, 2015 Agenda

a. The minimum front yard setback as set out in section 4.2.5.4 of Zoning Bylaw No. 1750 is varied from 7.50 metres to 7.41 metres along a portion of the west property line only; and b. The minimum parcel area as set out in Section 4.2.5.4 of Zoning Bylaw No. 1750 is varied from 1115 square metres to 892 square metres for each of the two proposed parcels to be created by subdivision of the Lands. 2015-09-09 RTC

102 - 115 7.2 Budget Variance Analysis & Capital & One-Time Project Update Jan-Aug 2015. Report from Director of Finance & Computer Services.

STAFF RECOMMENDATION: That Council accept the Budget Variance Analysis & Capital & One-time Operating Project update for January to August 2015 Report as information. 2015-09-04 RTC

8. Unfinished Business

9. Correspondence

10. Reports of Committees, Committee of the Whole and Commissions

11. Bylaws

116 - 134 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, Bylaw No. 2281, 2015.

STAFF RECOMMENDATION: That Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 be adopted. 2015-09-08 RTC

12. New Business

13. Information Items

135 - 136 13.1 Letter from Ministry of Transportation re New Building Canada Fund - James White Well 2015-08-14 Letter MOT re New Building Canada Fund - James White Well Project

137 13.2 Invitation from Geoscience BC 2015-08-21 Letter from Geoscience BC re Invitation

Page 3 of 221 City of Fernie Regular Meeting of Council of September 14, 2015 Agenda

138 13.3 2015-09-08 Letter from Tourism Fernie re RMI Funding 2015-09-08 Letter Tourism Fernie re RMI Funding

139 13.4 Aging in the Kootenays Workshop Registration Reminder 2015-09-01 Aging in the Kootenays Workshop Registration Reminder

140 - 150 13.5 Regional Access Management Program Min. Forest Lands & Natural Resources (FLNR) 2015-08-25 Email FLNR re Access Submission for 2016-18 Hunting Synopsis

151 - 156 13.6 Low Water Advisory & Water Conservation Request 2015-08-12 letter from Ministry of Forests - Low water Advisory

157 - 198 13.7 CISAL (Sustainable & Inclusive Communities in Latin America) 2015-08-29 CISL Study Tour Results

199 - 200 13.8 Our River Rocks - Elk River Festival 2015-08-28 Email from Elk River Alliance re Elk River Festival

201 - 202 13.9 Liquor Control Policy No. 15-08 2015-08-24 Liquor Control Policy No. 15-08

203 - 206 13.10 LCLB Summer Newsletter LCLB Summer Newsletter

207 13.11 Elk Valley Transit Ridership Report 2015 July Elk Valley Transit Ridership Report

208 13.12 2015-09-09 Ad Request re Remembrance Day 2015-09-09 Request for Support re Remembrance Day

209 13.13 UBCM Invitation Minister Oakes 2015-09-04 UBCM Invitation Minister Oakes

210 - 211 13.14 UBCM Meeting Invite Opposition MLA Opposition Spokesperson for Local Government 2015-08-24 UBCM Invite MLA S. Robinson

212 - 213 13.15 UBCM Newsletter - The Compass 2015-09-09 UBCM Newsletter - The Compass

214 13.16 UBCM Newsletter - The Compass 2015-08-26 UBCM Newsletter - The Compass

215 - 216 13.17 UBCM Newsletter - The Compass 2015-09-02 UBCM Newsletter - The Compass

Page 4 of 221 City of Fernie Regular Meeting of Council of September 14, 2015 Agenda

217 - 219 13.18 UBCM Kidney Foundation Invitation 2015-08-21 UBCM Kidney Foundation Invitation

220 - 221 13.19 MLA Robinson UBCM Email re AgriFood 2015-09-09 Email MLA Robinson UBCM AgriFood

14. Reports from Council

15. Adjourn

15 Minute Public Input Period

Page 5 of 221 THE CORPORATION OF THE CITY OF FERNIE

Minutes of a Regular Meeting of Council held at 7:00 PM on August 24, 2015 in the Council Chamber at City Hall, 501-3rd Avenue, Fernie, BC.

Elected Officials Appointed Staff Mayor M. Giuliano J. Hendricks, Chief Administrative Officer Councillor P. Iddon B. Lennox, Director of Planning <7:03 – 8:45pm> Councillor J. Levesque T. Ruiter, Director of Fire & Emergency Services Councillor D. McSkimming <7:03 – 8:35pm> Councillor D. Schafer S. Zral, Deputy Clerk Councillor J. Warshawsky

CALL TO ORDER Mayor Giuliano called the meeting to order at 7:03pm.

APPROVAL OF AGENDA AND Moved by Councillor McSkimming LATE ITEMS Seconded by Councillor Warshawsky Adopted as amended THAT the Agenda be amended to include the following items 7. 3 Social Media Policy and Item 9.1 2015-08-24 Email from the Wam Bam Dirt Jump Jam re: Bleachers and item 10.2 Resolution from the COTW Meeting held 2015-08-24 re: Acute Staff Shortages in the Elk Valley and that the Agenda as amended be adopted. CARRIED

ADOPTION OF MINUTES

3.1 Moved by McSkimming 2015-08-10 R Seconded by Schafer

THAT the Minutes of the Regular Meeting held on August 10, 2015 be adopted as presented. CARRIED

PUBLIC AND OTHER HEARINGS, AND CONSIDERATION OF THIRD READING OR ADOPTION OF BYLAWS AND ISSUANCE OF PERMITS WHERE APPLICABLE AFTER EACH HEARING 5.1 Mayor Giuliano read out the Chairperson's Statement, a copy of which Public Hearing for Bylaw No. 2281, is attached and forms part of these minutes. cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015. Mayor Giuliano convened the Public Hearing at 7:05pm to receive submissions from the public regarding Zoning Bylaw No. 1750, Amendment Bylaw No. 177, Bylaw No. 2281, 2015 regarding the proposed land use changes from R1 - Single Family Residential to R1B - Single Detached Plus Residential for the property at 761 8th Avenue.

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The Director of Planning provided an overview of his August 20, 2015 Report re: Bylaw No. 2281 cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, Bylaw No. 2281, 2015 noting there were no written submissions received regarding this application.

The Applicant was not present.

Mayor Giuliano called three times for submissions from the floor, hearing none she closed the hearing at 7:10pm.

Third reading and referral to MOT Moved by Councillor Iddon for Approval Seconded by Councillor McSkimming That Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 be read a third time and referred to the Ministry of Transportation and Infrastructure for approval. CARRIED

5.2 Mayor Giuliano convened the Informal Hearing to receive submissions Informal Hearing for Development from the public regarding the proposed variance to vary the minimum Variance Permit No. DVPA-374 for 191-1st Avenue. Report from the side yard setback for a proposed accessory building along the north Director of Planning. property line, as well, to waive the provisions for visibility at intersections for the proposed building.

The Director of Planning provided an overview of his August 20th, 2015 Report re: Development Variance Permit No. DVPA-374 for 191 -1st Avenue noting there was one email received on August 19th, 2015 from Denis Gaudet who noted he was against the subject variance noting issues with parking and safety for pedestrians.

The Applicant was present and provided additional information to Council as to why he chose the location for the garage and stated he will make sure there is space for pedestrians.

Mayor Giuliano called three times for submissions from the floor, hearing none she closed the hearing at 7:15pm.

Moved by Councillor Iddon Seconded by Councillor Schafer That Council authorize the issuance of Development Variance Permit No. DVP-374 to Wolfgang Selent and Colleen Fabi for Lot 10, Block 1, District Lot 4588, Kootenay District, Plan 734:

i. To vary the minimum side yard setback as set out in Section 4.2.1.4 of

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Zoning Bylaw No. 1750 for a 6.02 metres x 4.87 metres accessory building only from 4.5 metres to 1.5 metres along a portion of the north property line; and

ii. To waive the provision for visibility at intersections as set out in section 3.9 of Zoning Bylaw No. 1750 for a 6.02 metres x 4.87 metres accessory building only to be built within the 5.0 metres x 5.0 metres triangular sight distance area. CARRIED

PETITIONS AND DELEGATION – REQUESTS TO ADDRESS COUNCIL 6.1 Lori Bradish on behalf of The Ms Bradish was in attendance to discuss the requests put forth by the Fernie Museum re: Fernie Museum Fall Exhibit - an Immigrant Story - Fernie Museum for the following: The Rise and Fall of Emilio Picariello . Road closure on 5th Street from 2nd Avenue to the alleyway be closed on Sept 18 at 8:00am – Sept 21 at 9:00am; . Use of the small stage (Max Turyk) from Sept 18 – Sept 21 as well the stage to be set up and taken down by city crews; . Permission for Court House Tours; . Use of the City’s office space to host a wine and cheese reception; and . Use of the front parking lot at City hall to display vintage cars. (approx. 6 -10 cars).

Max Turyk Stage Moved by Councillor Iddon Seconded by Councillor Warshawsky THAT Council direct staff in the Leisure Services Department to coordinate with staff in Public Works to ensure the Fernie Museum has the use of the small stage from Max Turyk for their upcoming event to be held from Sept 18 – 21. CARRIED

Road Closure/Barricades Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT Council authorize the road closure on 5th Street from 2nd Avenue to the alleyway and provide barricades for the lowest possible cost. CARRIED

Court House – Wine & Cheese Event Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT Council authorize the Leisure Services Department to coordinate the use of hallway at the Fernie Court House for the Museums wine and cheese event. CARRIED

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City Hall front parking lot Moved by Councillor Iddon Seconded by Councillor McSkimming THAT Council allow the car club to use the front parking lot at City Hall on September 19 to park their vintage car collection. CARRIED

6.2 Mr. Liggett was in attendance and read several letters of support of the Keith Ligget, Fernie A Gathering of upcoming “Fernie A Gathering of Words Event”. Council reviewed the Words (follow up from August 10 COTW budget and accompanying documents.

Discretionary Grant for Scholarships Moved by Councillor McSkimming Seconded by Councillor Iddon THAT Council authorize a grant in the amount of $1450 from the discretionary grants fund to cover the cost of the scholarships for Fernie A Gathering of Words Event. CARRIED

RMI Funding grant – Moved by Councillor McSkimming Fernie A Gathering of Words Event Seconded by Councillor Schafer THAT Council approve a grant in the amount of $4,000 from the RMI Tourism Incentives Investment Fund to assist with the costs associated with the Fernie a Gathering of Words Event and that 50% of the grant amount be held back until the City has received a report from the recipient detailing how the funds were spent and how this investment of RMI funds positively impacted the local tourism economy. CARRIED

6.3 Ms. Tara Beck was in attendance on behalf of the Fernie Kids Triathlon Tara Beck, on behalf of the Fernie to request assistance with the cost of running the event. Kids Triathlon Ms. Beck noted one of the more substantial costs is the cost to rent the fencing. Mr. Hendricks noted that he will work with Ms. Beck to bring the application and budget back to the September 14 Agenda.

STAFF REPORTS

7.1 The Director of Fire and Emergency Services provided an update on the Fire Dispatch July 16, 2015 letter from the Regional District of East Kootenay re: Fire Dispatch Services – Contract Renewal and advised Council that he will provide updates on the process as it moves forward.

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7.2 The Director of Fire and Emergency Services provided an overview of Quarterly Report - 2015 his August 11, 2015 Quarterly Report and responded to questions from Council.

7.3 The Social Media Policy was brought forward from the Committee of Social Media Policy the Whole Meeting held August 24, 2015 for Council's consideration.

The Chief Administrative Officer provided an overview of the Social Media Policy and responded to questions from Council.

Moved by Councillor Levesque Seconded by Councillor Iddon THAT Council approve the City of Fernie Social Media Use Policy and Guidelines in the form attached to this Staff Report dated August 24, 2015. CARRIED

CORRESPONDENCE

9.1 Letter from the Fernie Mountain Bike Club re: Request for Support for Fernie Mountain Bike Club Upcoming Wam Bam Event 2015

Moved by Councillor Iddon Seconded by Councillor McSkimming THAT Council conditionally support the event and request the organizers to submit proper budget numbers and further that they provide bleachers to the event on the understanding that the organizers be responsible for the pickup and return of said bleachers; and

THAT Council approve a grant in the amount of $3,350 from the RMI Tourism Incentives Investment Fund to the Fernie Mountain Bike Club to assist with costs associated with the 2015 Wam Bam Dirt Jump Jam and that 50% of the grant amount be held back until the City has received a report from the Club detailing how the funds were spent and how this investment of RMI funds positively impacted the local tourism economy. CARRIED

9.2 Avalanche Canada re: request for RMI funding for a cross-over style, Avalanche Canada aluminum snowmobile trailer

Moved by Councillor Iddon Seconded by Councillor Schafer

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THAT Council approve a grant in the amount of $3,000 from the RMI Tourism Incentives Investment Fund to Avalanche Canada to assist with the purchase of a snowmobile trailer and that 50% of the grant amount be held back until the City has received a report from the recipient detailing how this investment of RMI funds positively impacted the local tourism economy. CARRIED

9.3 The City of Nelson invites you to an exciting and extremely worthwhile Community Voters Challenge competition. The Community Voters Challenge is a citizens’ initiative intended to increase voter turnout on October 19th, 2015. The City of Nelson supports this initiative and invites you to join in as well.

Moved by Councillor McSkimming Seconded by Councillor Schafer THAT Councillor Levesque bring back a detailed plan with a zero budget outlining the City of Fernie’s participation in the “Community Voters Challenge” for Council’s consideration to the September 14, 2015 Regular Meeting. CARRIED

REPORTS OF COMMITTEES, COMMITTEE OF THE WHOLE AND COMMISSIONS 10.1 Discussion regarding Jemi Fibre vehicles utilizing City Streets. (From Jemi Fibre vehicles utilizing City the COTW Meeting of August 10, 2015) Streets

Moved by Councillor Iddon Seconded by Councillor Warshawsky THAT Council direct staff to forward a letter to Jemi Fibre requesting more information on the length of time they plan to use the city’s streets for hauling as well remind them of school season and posted speed limit signs. CARRIED

10.2 Resolution from the Committee of the Whole Meeting held 2015-08-24 Acute staff shortages in the Elk re: Valley THAT staff be directed to bring the discussion of Acute staff shortages in the Elk Valley forward to the Regular Meeting of August 24, 2015 for Council's consideration. CARRIED

Moved by Councillor Warshawsky Seconded by Councillor Levesque THAT members of Council may participate in a Chamber of Commerce initiative to form a committee in an attempt to resolve the Acute Staffing Shortages in Fernie and the Elk Valley. CARRIED

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BYLAWS

11.1 Bylaw No. 2282 cited as Zoning Bylaw No. 1750 Amendment Bylaw No. Bylaw No. 2282 cited as Zoning 178, Bylaw No. 2282, 2015”. The Director of Planning provided an Bylaw No. 1750 Amendment Bylaw overview of the August 20, 2015 No. 178, Bylaw No. 2282, 2015. Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT Council approve the application submitted by Reto Barrington to text amend Zoning Bylaw No. 1750 related to a campground use in the P-2 - Parks and Open Space zone. CARRIED

Moved by Councillor Iddon Seconded by Councillor Warshawsky THAT Zoning Bylaw No. 1750, Amendment Bylaw No. 178, Bylaw No. 2282, 2015 be given first reading. CARRIED

Moved by Councillor Warshawsky Seconded by Councillor Schafer That Zoning Bylaw No. 1750, Amendment Bylaw No. 178, Bylaw No. 2282, 2015 be given second reading and that Council schedule a public hearing. CARRIED

INFORMATION ITEMS

13.1 The July 24, 2015 Letter from the Union of UBCM -Gas Tax Agreement Municipalities re: Gas Tax Agreement Community Works Fund Payment Community Works Fund Payment was received.

13.2 The July 29, 2015 Letter from Green Communities Committee re: Green Communities Committee re: Corporate Greenhouse Gas Emissions Reduction was received. Corporate Greenhouse Gas Emissions Reductions 13.3 The Building Officials July 2015 Report to Council was received. Building Official's July 2015 Report

13.4 The August 7, 2015 Email from Cabinets Plus Inc. re: Infill Building was Cabinets Plus Inc.re: Infill Building received.

Moved by Councillor Iddon Seconded by Councillor Warshawsky THAT staff be directed to forward a letter to Mr. Gildea explaining that

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Council shares his same concerns and further, that his August 7, 2015 email will become part of the Bylaw update process. CARRIED

13.5 The August 11, 2015 Email from the Fish and Wildlife Compensation Fish and Wildlife Compensation Program was received. Program

13.6 The UBCM Newsletter - The Compass August 12 & 19 Editions were UBCM Newsletter - The Compass received. Aug 12 & 19 Editions

13.7 The August 5, 2015 letter from BC Hydro re: Beautification Funding BC Hydro - Funding Available for Available was received. Community Beautification Projects

Discussion took place regarding the possibility of undergrounding some of the Hydro in James White Park in conjunction with power being supplied to the well pumps.

Mr. Hendricks noted he will investigate this and get back to Council with his findings.

13.8 The August 19, 2015 Email from BasinLink re: Newletter - Issue 76 for BasinLink Newsletter - Issue 76 August 2015 was received. (August 2015)

13.9 The August 5, 2015 letter from Teck re: Mid-year update was received. Teck mid-year update 13.10 The Union of British Columbia of Municipalities Convention Bulletin #3 UBCM Convention Bulletin #3 was received.

13.11 City of Port Coquitlam - The August 19, 2015 Email from the City of Port Coquitlam re: Mayoral Mayoral Challenge Challenge 2015 - Terry Fox Foundation was received.

REPORTS FROM COUNCIL

14.1 Proclamation to officially declare September as Literacy Month in Proclamation to official declare Fernie September as literacy month in Fernie The May 11, 2015 letter from Megan Morton re: Request to consider issuing a Proclamation to officially declare September as Literacy Month in Fernie as part of the Literacy Life Campaign was reviewed at the May 25th Regular Meeting.

Council agreed to issue the proclamation to declare September as Literacy Month in Fernie.

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Moved by Councillor Iddon Seconded by Councillor Levesque WHEREAS Literacy is the key to opportunity for Canadians to increase their life chances and be successful in today’s modern world, as literacy is no longer simply the ability to read and write;

AND WHEREAS Engaging children and youth in literacy programming ensures the best possible environment for getting a head start on literacy and lifelong learning;

AND WHEREAS Solid literacy skills are vital to our country’s social and economic development; literacy offers all Canadians an opportunity to make a substantial contribution to the education, growth and prosperity of Canada.

AND WHEREAS Many organizations across British Columbia, and Canada, including Columbia Basin Alliance for literacy, demonstrate daily – through the work in Fernie – their commitment creating a culture of community based literacy and learning;

NOW THEREFORE, I, Mary Giuliano, Mayor of the City of Fernie, DO HEREBY PROCLAIM the month of September, 2015 as “LITERACY MONTH” in the City of Fernie.

Mary Giuliano Mayor

Councillor McSkimming Councillor McSkimming would like to see a better defined process (Policy) outline for the Resort Municipalities Initiative Fund. (RMI)

Councillor Levesque Councillor Levesque requested a tour of the City Facilities for those members of Council interested in attending.

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ADJOURN Mayor Giuliano adjourned the meeting as 8:55pm.

Mayor Giuliano, Chair

Sheryl Zral, Deputy Clerk

I hereby certify the foregoing to be the correct Minutes of a Regular Meeting of Council held August 24, 2015

3.1 Minutes of Regular Meeting of Council held on August 24,... Page 15 of 221 STATEMENT TO BE READ BY THE CHAIRPERSON OF A PUBLIC HEARING 2015/09/14

These Public Hearings are being convened pursuant to Sections 890 and 922 of the Local Government Act in order to consider the following proposed Bylaws:

1. Official Community Plan Bylaw No. 2231 Amendment Bylaw No. 3, Bylaw No. 2272, 2014 to receive submissions from the public regarding the proposed re- designation of a 0.1073 hectare portion of the subject land from Natural Open Space to Neighbourhood Residential for the property at 4 Cedar Bowl Drive.

2. Zoning Bylaw No. 1750 Amendment Bylaw No. 175, Bylaw No. 2278, 2014 to receive submissions from the public regarding the proposed rezoning of a 0.1073 hectare portion of the subject land from P2 Parks and Open Space to R1B Single Family Detached Plus Residential as shown in grey on the Site Location Map.

3. Zoning Bylaw No. 1750 Amendment Bylaw No. 178, Bylaw No. 2282, 2015 to receive submissions from the public regarding proposed Text Amendments to Zoning Bylaw No. 1750.

At this Public Hearing any person present who believes his or her interest in property is affected by the proposed bylaws shall be given an opportunity to be heard on matters contained in the proposed bylaws.

No one will be, or should feel, discouraged or prevented from making his or her views known.

However, it is important that all who speak at this meeting restrict their remarks to matters contained in the bylaw and it is my responsibility as Chairperson of this hearing to ensure that all remarks are so restricted.

Those of you who wish to speak should, at the appropriate time, commence your address to the Council by clearly stating your name and address. Then you may share your views concerning the proposed bylaws.

Members of Council may, if they so wish, ask questions of you following your presentation. However, the main function of the Council members this evening is to listen to the views of the public.

It is not the function of Council at this Public Hearing to debate the merits of the proposed bylaws with individual citizens.

After this Hearing is concluded, Council may give further consideration to the proposed bylaws.

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STAFF REPORT Council

Date: September 10th, 2015 To: Her Worship Mayor Giuliano and Members of City Council From: Bruce Lennox, Director of Planning Subject: Official Community Plan Bylaw No. 2231, 2014, Amendment No. 3, Bylaw No. 2272, 2014 Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 Alun W. Williams and Jo Williams Lot A, District Lot 4589, Kootenay District, Plan EPP44732 4 Cedar Bowl Drive ______

RECOMMENDATIONS:

1. That Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 be read a third time;

2. That Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 be adopted; and

3. That Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 be read a third time and referred to the Ministry of Transportation and Infrastructure for approval.

PROPOSAL:

As delineated on the attached Appendix “A” of Bylaw No. 2272 and Bylaw No. 2278 respectively, the landowners’ application is to:

1. Amend Official Community Plan Bylaw No. 2231 by re-designating a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from Natural Open Space to Neighbourhood Residential; and

2. Amend Zoning Bylaw No. 1750 by rezoning a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from P2 – Parks and Open Space to R1B – Single Family Detached Plus Residential.

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BACKGROUND:

The application submitted by Alun and Jo Williams to amend Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750 for Lot A, District Lot 4589, Kootenay District, Plan EPP44732 was approved by Council on August 10th, 2015. Council also gave first and second reading to Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 and Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 on August 10th, 2015 and referred it to a public hearing. The Notice of Public Hearing to be held on September 14th, 2015 beginning at 7:00 p.m. at City of Fernie City Hall was posted on the City’s Public Notice Posting Places on September 1st, 2015 and was advertised in the September 3rd, 2015 and the September 10th, 2015 issues of the Free Press newspaper. The Notice of Public Hearing was also mailed to registered owners within a 100 metre radius of the subject property on September 1st, 2015 and hand delivered to occupants on September 1st, 2015. As of September 10th, 2015 in response to the Notice of Public Hearing, two written responses in support of the subject application have been received by the City that are attached for the information and review of Mayor and Council. In a letter addressed to Fernie City Council, Adam Pekarsky and Sonia Heroux of 6 Black Place, Fernie, B.C. note that they “fully support this re-zoning application and look forward to the land being re-zoned from a public park to the private R1B consolidated lot”. In an email to the City dated September 10th, 2105, David Munro of 991 – 4th Avenue, Fernie, B.C. notes that he supports “the proposal by the owners Alun and Jo Williams to rezone the adjacent space at #4 Cedar Bowl Drive”.

As outlined in the Staff Report to Mayor and Council dated August 6th, 2015, in order to receive written representations to address the early and ongoing consultation requirements of Section 879 of the Local Government Act, a “Notice of Application to Amend Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750” (the Notice) was mailed by Staff to registered owners and hand delivered to occupants on May 15th within the area defined by the “Consultation Area Map” attached to the Staff Report dated May 7th, 2015. Consultation under Section 879 is in addition to the legislative requirement for a public hearing. The City received eight written submissions from landowners in the Castle Mountain neighbourhood articulating their concerns and/or opposition to the applicants’ application to amend the OCP Bylaw No. 2231 and Zoning Bylaw No. 1750. The eight written submissions are attached for Mayor and Council’s information and review.

Respectfully submitted,

Bruce Lennox, Director of Planning

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THE CORPORATION OF THE CITY OF FERNIE BYLAW NO. 2272

A Bylaw to amend the Official Community Plan Bylaw No. 2231, 2014

WHEREAS the Council of the City of Fernie, by Bylaw No. 2231, 2014, adopted an Official Community Plan;

AND WHEREAS Council in accordance with Section 879 of the Local Government Act has Authorized Staff to give notice of the application submitted by Alun and Jo Williams of 4 Cedar Bowl Place to amend the Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750 pertaining to the subject portion of Lot A, District Lot A, District Lot 4589, Kootenay District, Plan EPP44732 9 (the “application”) by mail to registered owners and by hand delivery to occupants within the area delineated by the heavy black line on the attached Consultation Area Map in order to receive written representations to address the early and ongoing consultation requirements of Section 879 of the Local Government Act;

AND WHEREAS Council in accordance with 879(2)(b) of the Local Government Act does not consider that any additional consultation is appropriate with the board of the Regional District of East Kootenay, the council of the District of Sparwood, the Ktunaxa Nation Council, the Ministry of Forests, Land & Natural Resource Operations and the Ministry of Transportation & infrastructure that would be in addition to the Public Hearing required under Section 882(3)(d) of the Local Government Act with respect to the Application.

AND WHEREAS Council in accordance with Section 881 of the Local Government act has consulted with School District No. 5 (Southeast Kootenay) and Conseil Scolaire Francophone de la Colombie-Britannique with respect to the Application.

AND WHEREAS Council has deemed it desirous to amend Official Community Plan Bylaw No. 2231 by re-designating certain lands in Schedule B, Land Use Designations of said Bylaw.

Applicant: Alun & Jo Williams Location: North of Castle Mountain Road

NOW THEREFORE, the Municipal Council of the Corporation of the City of Fernie in open meeting assembled ENACTS AS FOLLOWS:

1. This Bylaw may be cited as “Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014”.

2. Schedule B, Land Use Designations to the Official Community Plan Bylaw No. 2231, 2014, is amended by re-designating a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from “Natural Open Space”

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 19 of 221 Page 2

Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 ______

to “Neighbourhood Residential” as shown hatched in grey on the map attached to, and forming a part of, this Bylaw as Appendix “A”.

Read a first time this 10th day of August, 2015.

Read a second time this 10th day of August, 2015.

First two readings passed by a unanimous vote of Members of City Council present and eligible to vote.

Advertised in the Free Press pursuant to Section 892 of the Local Government Act on the 3rd day of September, 2015 and the 10th day of September, 2015.

Submitted to Public Hearing on the 14th day of September, 2015.

Read a third time this ___ day of ______, 2015.

Third reading on ______, by a unanimous vote of Members of City Council present and eligible to vote.

Adopted this _____ day of ______, 2015 by a unanimous decision of Members of City Council present and eligible to vote.

______MAYOR

______DIRECTOR OF CORPORATE ADMINISTRATION SERVICES I hereby certify the foregoing to be the original Bylaw No. 2272

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Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 ______

Appendix “A”

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 21 of 221

THE CORPORATION OF THE CITY OF FERNIE BYLAW NO. 2278 A Bylaw to amend Zoning Bylaw No. 1750

WHEREAS the Council of the City of Fernie has adopted the City of Fernie Zoning Bylaw No. 1750;

AND WHEREAS Council has deemed it desirable to rezone certain lands and that the Zoning Map referred to as Schedule “A” of Zoning Bylaw No. 1750 be amended accordingly.

Applicant: Alun & Jo Williams Location: 4 Cedar Bowl Drive

NOW THEREFORE, the Municipal Council of the Corporation of the City of Fernie in open meeting assembled enacts as follows:

1. This Bylaw be cited as “Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014”.

2. That Zoning Bylaw No. 1750, Schedule A be amended by changing the zoning designation of a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from P2 – Parks and Open Space to R1B – Single Family Detached Plus Residential as shown hatched in grey on the map attached to, and forming a part of, this Bylaw as Appendix “A”.

Read a first time the 10th day of August, 2015.

Read a second time the 10th day of August, 2015.

Notice given in accordance with the Local Government Act and the Community Charter by way of posting on the Public Notice Posting Places on the 1st day of September, 2015 and by publication in the Free Press on the 3rd day of September, 2015 and on the 10th day of September, 2015.

A Public Hearing was held on the ____ day of ______, 2015.

Read a third time the ___ day of ______, 2015.

Approved by the Ministry of Transportation and Infrastructure, pursuant to the Transportation Act, on the ____, day of ______, 2014.

Minister of Transportation and Infrastructure

Adopted this ____, day of ______, 2015.

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 22 of 221 Page 2

Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014

______MAYOR GIULIANO

______DEPUTY CLERK

I hereby certify the foregoing to be the original Bylaw No. 2278

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Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014

Appendix “A”

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 24 of 221

STAFF REPORT Council

Date: August 6th, 2015 To: Her Worship Mayor Giuliano and Members of City Council From: Bruce Lennox, Director of Planning Subject: Official Community Plan Bylaw No. 2231, 2014, Amendment No. 3, Bylaw No. 2272, 2014 Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 Alun W. Williams and W. Jo Williams Lot A, District Lot 4589, Kootenay District, Plan EPP44732 4 Cedar Bowl Drive ______

RECOMMENDATIONS:

That Council:

1. Read Official Community Plan Bylaw No. 2231, Amendment No. 3, Bylaw No. 2272, 2014 a first time and second time and refer it to a public hearing; and

2. Read Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 a first time and a second time and refer it to a public hearing.

PROPOSAL:

As delineated on the attached Appendix “A” of Bylaw No. 2272 and Bylaw No. 2278 respectively, the landowners’ application is to:

1. Amend Official Community Plan Bylaw No. 2231 by re-designating a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from Natural Open Space to Neighbourhood Residential; and

2. Amend Zoning Bylaw No. 1750 by rezoning a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from P2 – Parks and Open Space to R1B – Single Family Detached Plus Residential.

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 25 of 221 BACKGROUND:

Council at their Regular Meeting held on May 11th, 2015 approved, by resolution, the application submitted by Alun and Jo Williams of 4 Cedar Bowl Place to amend the Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750 by re-designating and rezoning a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan NEP EPP44732 from Natural Open Space to Neighbourhood Residential and from P-2 Parks and Open Space to R1B – Single Family Detached Plus Residential respectively. Council at their Regular Meeting held on May 11th, 2015 also passed following two resolutions:

1. Authorize Staff to give notice of the application submitted by Alun and Jo Williams of 4 Cedar Bowl Drive to amend the Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750 pertaining to the subject portion of Lot A, District Lot A, District Lot 4589, Kootenay District, Plan EPP44732 by mail to registered owners and by hand delivery to occupants within the area delineated by the heavy black line on the attached Consultation Area Map in order to receive written representations to address the early and ongoing consultation requirements of Section 879 of the Local Government Act and in addition, consult with School District No. 5 (Southeast Kootenay) and Conseil Scolaire Francophone de la Colombie-Britannique, in accordance with Section 881 of the Local Government Act.

2. In accordance with 879(2)(b) of the Local Government Act consider whether any additional consultation is appropriate with the board of the Regional District of East Kootenay, the council of the District of Sparwood, the Ktunaxa Nation Council, the Ministry of Forests, Land & Natural Resource Operations and the Ministry of Transportation & infrastructure that would be in addition to the Public Hearing required under Section 882(3)(d) of the Local Government Act. Staff does not consider that such additional consultation is required given the nature of the application.

In order to receive written representations to address the early and ongoing consultation requirements of Section 879 of the Local Government Act, the “Notice of Application to Amend Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750” (the Notice) was mailed by Staff to registered owners and hand delivered to occupants on May 15th within the area defined by the “Consultation Area Map” attached to the Staff Report dated May 7th, 2015. Consultation under Section 879 is in addition to the legislative requirement for a public hearing. As noted in the Notice all written submissions are public information pursuant to the Freedom of Information and Protection of Privacy Act. The Notice also stated that all written responses would be forwarded to Council for their consideration. The deadline stipulated in the Notice for written submissions was cited as 5:00 p.m. on June 5th, 2015. The City received eight written submissions from landowners in the Castle Mountain neighbourhood articulating their concerns and/or opposition to the applicants’ application to amend the OCP Bylaw No. 2231 and Zoning Bylaw No. 1750. The eight written submissions are attached for Mayor and Council’s information and review.

Staff forwarded the eight written responses to the applicants’ representative in an email dated June 16th, 2015 to give the applicants an opportunity to address the concerns raised by the Castle Mountain landowners by preparing a written response. The landowners’ subsequently prepared a written response dated June 18th, 2015 which is attached for information and review by Mayor and Council.

The Notice provided to the residents within the consultation area noted that if Council were to adopt bylaws re-designating and rezoning the 0.1073 hectare eastern portion of the site, development of the subject lot could be undertaken in accordance with the R1B zone permitted

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 26 of 221 uses, accessory uses and regulations. The Notice stated that the maximum parcel coverage of 40% in the R1B zone when applied to Lot A would be 816 square metres with the existing on-site single detached dwelling and detached garage representing approximately 10.12% parcel coverage. The residual 29.88% parcel coverage would represent approximately 609.27 square metres for on-site construction which could potentially include on-site accessory building(s), a secondary dwelling unit or both. The applicants in their letter to Mayor and Council, City of Fernie, dated June 18, 2015 maintain that their “intention is not to build any accessory building that would compromise the look and beauty of not only” their “home, but rather, add to the charm and delight of our total neighbourhood”. The applicants also note that they “have agreed to significantly limit the size of any further accessory buildings to a square footage which is significantly less than what would be permitted on a “site coverage” basis under the applicable zoning provisions”. In an email to the City dated March 3rd, 2015, the applicants’ representative noted that the applicants “feel that something in the order of 2,000 square feet would be more appropriate” for an accessory building on the subject Lot A if Mayor and Council were to adopt the bylaws for the area being considered for re-designation and rezoning.

In accordance with Section 881 of the Local Government Act, in an email dated August 5th, 2015, School District No. 5 (Southeast Kootenay) noted that their interests are unaffected by the subject Bylaw. Conseil Scolaire Francophone de la Colombie-Britannique has not responded to the referral sent by the City.

Respectfully submitted,

Bruce Lennox, Director of Planning

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 27 of 221

STAFF REPORT Council

Date: May 7th, 2015 To: Her Worship Mayor Giuliano and Members of City Council From: Bruce Lennox, Director of Planning Subject: Official Community Plan Bylaw No. 2231, 2014, Amendment No. 3, Bylaw No. 2272, 2014 Zoning Bylaw No. 1750, Amendment No. 175, Bylaw No. 2278, 2014 Alun W. Williams and W. Jo Williams Lot A, District Lot 4589, Kootenay District, Plan EPP44732 4 Cedar Bowl Drive ______

RECOMMENDATIONS:

That Council:

1. Approve the application submitted by Alun and Jo Williams of 4 Cedar Bowl Place to amend the Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750 by re- designating and rezoning a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from Natural Open Space to Neighbourhood Residential and from P2 – Parks and Open Space to R1B – Single Family Detached Plus Residential respectively.

2. Authorize Staff to give notice of the application submitted by Alun and Jo Williams of 4 Cedar Bowl Place to amend the Official Community Plan Bylaw No. 2231 and Zoning Bylaw No. 1750 pertaining to the subject portion of Lot A, District Lot A, District Lot 4589, Kootenay District, Plan EPP44732 by mail to registered owners and by hand delivery to occupants within the area delineated by the heavy black line on the attached Consultation Area Map in order to receive written representations to address the early and ongoing consultation requirements of Section 879 of the Local Government Act and in addition, consult with School District No. 5 (Southeast Kootenay) and Conseil Scolaire Francophone de la Colombie-Britannique, in accordance with Section 881 of the Local Government Act.

3. In accordance with 879(2)(b) of the Local Government Act consider whether any additional consultation is appropriate with the board of the Regional District of East Kootenay, the council of the District of Sparwood, the Ktunaxa Nation Council, the Ministry of Forests, Land & Natural Resource Operations and the Ministry of Transportation & infrastructure that would be in addition to the Public Hearing required under Section 882(3)(d) of the Local Government Act. Staff does not consider that such additional consultation is required given the nature of the application.

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 28 of 221

PROPOSAL:

As delineated on the attached Appendix “A” the landowners’ current application is to:

1. Amend Official Community Plan Bylaw No. 2231 by re-designating a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from Natural Open Space to Neighbourhood Residential; and

2. Amend Zoning Bylaw No. 1750 by rezoning a 0.1073 hectare portion of Lot A, District Lot 4589, Kootenay District, Plan EPP44732 from P2 – Parks and Open Space to R1B – Single Family Detached Plus Residential.

BACKGROUND:

Section 879 of the Local Government Act

Section 879 of the Local Government Act stipulates that when a local government proposes to amend an Official Community Plan (OCP) it must consider whether the opportunities for consultation with one or more of the persons should be early and ongoing. Consultation under Section 879 is in addition to the legislative requirement for a public hearing. Prior to Council consideration of first and second readings of Bylaw No. 2272 and Bylaw No. 2278 it is recommended that in order to address early and ongoing consultation opportunities for persons within the Caste Mountain neighbourhood, notice of the subject application be mailed to registered owners and hand delivered to occupants within the area delineated by the heavy black line on the attached Consultation Area Map.

Section 879 of the Local Government Act also specifically requires that the local government consider whether the board of the adjacent Regional District, the council of an adjacent municipality, First Nations, and agencies of the Federal or Provincial governments should be consulted. It is recommended that Council consider the requirements of Section 879(2)(b) and determine that no consultation is appropriate with the board of the Regional District of East Kootenay, the council of the District of Sparwood, the Ktunaxa Nation Council, the Ministry of Forests, Land & Natural Resource Operations and the Ministry of Transportation & infrastructure that would be in addition to the Public Hearing required under Section 882(3)(d) of the Local Government Act.

City Staff has referred Bylaw No. 2272 and Bylaw No. 2278 to the City of Fernie Engineering, Fire and Emergency Services and Leisure Services Departments and the City of Fernie Building Official. The Engineering Department noted that the “old B.C. Hydro right-of-way provides an important greenway corridor for wildlife to move within a north/south direction”. The Fire and Emergency Services Department, the Leisure Services Department and the Building Official had no concerns.

Section 881 of the Local Government Act

Section 881 of the Local Government Act requires that a local government when amending an Official Community Plan for an area that includes part of a school district must consult with the school board for that school district. School District No. 5 (Southeast Kootenay) and Conseil Scolaire Francophone de la Colombie-Britannique will be forwarded a referral of Bylaw No. 2272 and for Bylaw No. 2278 if Council were to give them first and second readings.

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 29 of 221

Land Use Application Procedures and Fees Bylaw No. 1706

Land Use Application Procedures and Fees Bylaw No. 1706 sets out procedures to amend the OCP and Zoning Bylaw No. 1750. Under Section 6 of Bylaw No. 1706, Council has three options to consider:

1. approving an application to amend the OCP and Zoning Bylaw and proceeding with amendment bylaws; 2. denying the application; or 3. requesting that the applicant provide additional information prior to making a decision.

Staff recommends that Council approve the subject application to amend the OCP and Zoning Bylaw.

Official Community Plan Land Use Designation and Zoning

The subject “L” shaped 0.204 hectare Lot A was created by Plan EPP44732 that was filed at the Land Title Office in October of 2014. Plan EPP44732 also dedicated park along the north and east boundaries of the 0.1073 hectare area site being considered for designation and rezoning. A section of the Main Loop Trail as delineated on Schedule D, Parks, Trails, Facilities and Open Space Network of the OCP is situated within the dedicated park area on the east side of the site while Caste Creek is located within the dedicated park area on the north side of the site. Plan EPP44732 also dedicated a 42.5 square metres area of road along the southeast corner of the site. The site has been graded and surfaced with gravel. A post and (three) rail fence with a gate providing access from Castle Mountain Road has been installed on the site’s south, north and east sides.

Lot A, District Lot 4589, Kootenay District, Plan EPP44732 which is located in the Castle Mountain neighbourhood designated by Schedule A, Neighbourhoods and Planning Areas of Official Community Plan Bylaw No. 2231 (OCP). The western 967 square metres area of the subject Lot A that fronts on Cedar Bowl Drive is designated Neighbourhood Residential by Schedule B, Land Use Designations, of the OCP and zoned R1B - Single Family Detached Plus Residential. A single detached dwelling and a detached garage are situated on this portion of the site. The eastern 1073 square metres area of the subject Lot A that is subject to the proposed re- designation and rezoning application fronts on Castle Mountain Road and is designated Natural Open Space and zoned P2 – Parks and Open Space. A BC Hydro transmission line that previously traversed through the site within R.O.W Plan 30-B has been relocated.

Given that the subject parcel is split zoned the parcel is situated within each of the zones that apply to it so it must comply with the regulations for each zone. Under the provisions of the P2 zone “no person shall erect any permanent structure on land zoned P2 except where the structure is incidental or required to main use”. Therefore, a building accessory to a permitted use in the R1B zone is not allowed to be constructed on the eastern P2-zoned area of the subject Lot A. As noted in the attached Application to Amend the Official Community Plan and Zoning Bylaw, the landowners wish “to consolidate the zoning of the lot from split R1B & P2 to R1B alone”.

If Council were to redesignate and rezone the 0.1073 hectare eastern portion of the subject Lot A to Neighbourhood Residential and RIB, respectively, the maximum parcel coverage is 40% in the R1B zone which when applied to the subject Lot A would be 816 square metres. The existing on- site single detached dwelling (154.61 square metres) and detached garage (52.02 square metres) represent 10.12% parcel coverage; thereby leaving a residual 29.88% parcel coverage. The

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 30 of 221 residual 29.88% parcel coverage represents 609.37 square metres which potentially could be used to construct an on-site accessory building, secondary dwelling unit or both.

The landowners have installed extensive coniferous tree landscaping along the east and south sides of the area proposed to be redesignated and rezoned in an effort to screen that area from both Castle Mountain Road and from the Main Loop Trail (see attached photographs). The landowners maintain that with reasonable landscaping the subject area will not be significantly visible from either Castle Mountain Road or the Main Loop Trail. The landowners have also indicated their willingness to enter into a Section 219 Covenant registered in favour of the City of Fernie that would limit the size of any further accessory buildings to a maximum of 185.8 square metres (2,000 square feet).

Respectfully submitted,

Bruce Lennox, Director of Planning

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From: fernie city hall

Sent: 1 Friday, September 11, 2015 4:20 PM To: Bruce Lennox Cc: Derek Cimoiini Subject: FW: Submission re: Public Hearing on Sept. 14, 2015 Attachments: SKMBT_C284e15091101550.pdf

From: Roger Walls [mailto:[email protected]] Sent: Friday, September 11, 2015 2:04 PM To: fernie city hall Subject: Submission re: Public Hearing on Sept. 14, 2015

Please find attached a letter regarding the Public Hearing that is coming up on September 14, 2015. Thanks, Roger Walls

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 52 of 221 September 11, 2015

Cityof Femie POBox 190 Femie,B_C VOB lM0 Attention:PlanningDepartment

To Whom It May Concern:

Re: Williams RezoningProposal

Bylaw No. 2272/2278 — #4 Cedar Bowl Drive

Thankyou for forwardingthe PublicNotice regardingthe Public Hearingthat is taking place on September 14, 2015.

My wife and I (Roger and Mona Walls) own the property/house with the civic addressof #12 Cedar Bowl Drive. We are unable to attend the Hearing, but wishto offer the followingwritten comments:

We have no issueswith the Williams’proposal, and wish to support it. It makes sense that the subjectproperty wouldhave a single zoninginsteadof two separate zonings.I’m con?dent that any building/structurethat is erectedon the property, withinthe allowances of the R] B designation, wouldmatch the standardsof the surroundinghomes.

Thank you for the opportunity to provide comments regarding this proposal.

Yours truly,

ogerWal ‘

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5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 53 of 221 5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 54 of 221 Derek Cimolini

From: fernie city hall Sent: September-11-15 4:19 PM To: Bruce Lennox Cc: Derek Cimolini Subject: FW: Property Public Hearing Attachments: 20150903171521501.pdf

From: Steven Kelly[mai|to:Steven.Kel|y@huskyenergvcom] Sent: Friday, September 11, 2015 2:04 PM To: fernie city hall Subject: Property Public Hearing

To Whom it may concern:

With respect to Alun &lo Williams property in the Castle Mountain development in Fernie there have been many concerns voiced over the potential rezoning of open space land to residential use. I offer my opinion in the effort to take a pragmatic common sense approach to this topic, rather than an argumentative one. Iview the use of the converted land useful to the Williams family and beneficial to Fernie from consideration of their significant capital investment, as well as contributing to an ongoing tax base. Considering the limited use & revenue generation of this land previously, one cannot dismiss the economic benefit the community has received. There have been concerns over what the use of this land will be? The Williams land improvements are different from some of the more conventional/traditionalstyles in the neighborhood. With that said, the land is fenced, its clean,well landscaped and well treed. It's a place where their two children play constantly with their dog and build tree houses. I find it different, but not detrimental to my neighborhood. Ifeel confident in saying that any future improvements by the Williamsfamily would be in keeping with what already exists for building or architectural style.

Steve &Julie Kelly #13 Cedar Bowl Place Fernie, BC

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 55 of 221 Derek Cimolini

From: fernie city hall Sent: September-11~15 4:21 PM To: Bruce Lennox Cc: Derek Cimolini Subject: FW: Amendment to Zoning Bylaw 1750 Hearing on Monday

Sent: Friday, September 11, 2015 11:40 AM To: fernie city hall Cc: Gavin Embury (gavin [email protected]) Subject: Amendment to Zoning Bylaw 1750 Hearing on Monday

Re: Lot A, strict Lot 4589, Kooteraay District, Plan Description: EPP4-4732

My husband and I are the owners of 602 6”‘Ave. in Fernie.

We understand that an application has been made to re-zone the area behind the subject property to residential.

This area has been used by the residents for many years and we believe that they have done a Wonderful job in maintaining the area. They have planted numerous trees and it looks great. While there were people leaving garbage behind there at one time, I understand that the owners have taken it upon themselves to make the area tidy

The plan still allows access for the bikers and quadders who use the area regularly and given that we are fully supportive of the proposal.

Ellen and Gavin Embury 602 6thAve. Fernie

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 56 of 221 Derek Cimolini

From: Sheryl Zral Sent: September-14-‘I 5 8:29 AM To: Derek Cimolini Subject: FW: Public Hearing - Williams proposal

Importance: High

fyi

From: fernie city hall Sent: Monday, September 14, 2015 8:18 AM To: DerekCimolini;"BruceLennox' Cc: Suzanne Garand Subject: F\N: PublicHearing - Williamsproposal Importance: High

Again not sure ifyou have this.

From: Trevor MacFarlane[mai|to:Trevor [email protected]] Sent: Friday, September 11, 2015 6:16 PM To: fernie city hall Subject: PublicHearing - Williamsproposal

Dear Council Members,

l reviewed the public hearing notice for the rezoning of Lot A, District Lot 4589, Kootenay District, Plan EPP44732.

I certainly don't have all the details but would liketo offer my comments and support for the proposal.

I do a lot of mountain biking with my family in this area and the pride of ownership is certainly evident. The Williams have done a wonderful job landscaping and creating a space that is congruent with the surrounding area. The trees they planted are tastefully done and really an example for all of us on how an older utility corridor can be beautified.

Rezoning should be supported as I am confident that any structure built will have the same architectural balance and features as the existing building on the adjacent property and from my perspective, this is exactly the type of development we should be encouraging.

Ifyou'd liketo contact me to discuss, my details are below.

Thank you for the consideration.

Sincerely,

Trevor and Sheri MacFarlane, 1001 — 5"‘Avenue, Fernie [email protected]

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 57 of 221 Derek Cimolini

From: Sheryl Zral Sent: September-14-15 8:30 AM To: Derek Cimolini Subject: FW: Public Hearing re Lot A, District Lot 4589, Kootenay District, Plan EPP44732

Importance: High

fyi

From: fernie city hall Sent: Monday,September 14, 2015 8:17 AM To: ‘BruceLennox';Derek Cimolini Cc: Suzanne Garand Subject: FW: PublicHearing re Lot A, District Lot 4589, Kootenay District,Plan EPP44732 Importance: High

Not sure ifyou have this already, butjust in case.

From: DOUGJORDAN[mai|to:[email protected] Sent: Sunday, September 13, 2015 3:37 PM To: fernie city hall Subject: PublicHearing re LotA, District Lot 4589, Kootenay District, Plan EPP44732

To whom it may concern,

I am writing in regards to the rezoning of Lot A, District Lot 4589, Kootenay District, Plan EPP44732. i would like to comment and offer my support for the proposalthat has been put forth by Alun and Jo Williams,of 4 - Cedar Bowl Drive.

My wife and I have been property owners in Fernie since May 2006. Our family has regularly accessed the great network of recreational trails, whether it be for hiking, mountain biking or snowshoeing, that are in adjacent to the above mentioned address. it is evident that a pride of ownership can be seen as one goes by this property. Many natural features have been added to the structural ones that compliment the landscape and visual appeal of the area. Especiallyconsidering the historical utility purpose of the area behind the properties in Castle Mountain residential area.

We are in support of the rezoning proposed‘ There is no doubt that whatever structure that would be placed within the proposed area would continue to compliment what is already on the existing properties. Endeavours such as these, are ones that the City of Fernie and its Councillors should be in support of, and encouraging of its residents.

Sincerely, Doug & Jean Jordan 50 Mt Proctor, Fernie, BC

5.1 Public Hearing for Bylaw No. 2272, cited as Official Com... Page 58 of 221 STAFF REPORT Council

Date: September 9th, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Bruce Lennox, Director of Planning Subject: Bylaw No. 2282 Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 0937657 BC Ltd. (c/o Reto Barrington) Lot A, District Lot 4588, Kootenay District, Plan NEP91181 (Future RV Park)

RECOMMENDATION:

That Bylaw No. 2282, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 be read a third time and referred to the Ministry of Transportation and Infrastructure for approval.

PROPOSAL

Bylaw No. 2282 proposes to text amend Zoning Bylaw No. 1750 by:

 Adding 147. “SPRAY PARK” under Section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re-numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

 Re-labeling Section 4.2.14.3.1 from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

 Replacing the following text in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 59 of 221  Adding the following to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

h. swimming pools, hot tubs and spray parks.

BACKGROUND:

The application submitted by Reto Barrington to amend Zoning Bylaw No. 1750 was approved by Council on August 24, 2015. Council also gave first and second reading to Bylaw No. 2282, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 on August 24th, 2015 and referred it to a public hearing. The Notice of Public Hearing to be held on September 14th, 2015 beginning at 7:00 p.m. at City of Fernie City Hall was posted on the City’s Public Notice Posting Places and on September 1st, 2015 and was advertised in the September 3rd, 2015 and the September 10th, 2015 issues of the Free Press newspaper. As of September 9th, 2015 no written correspondence has been received by the City.

Respectfully submitted,

Bruce Lennox, Director of Planning

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 60 of 221 THE CORPORATION OF THE CITY OF FERNIE BYLAW NO. 2282 A Bylaw to amend Zoning Bylaw No. 1750

WHEREAS the Council of the City of Fernie has adopted the City of Fernie Zoning Bylaw No. 1750;

AND WHEREAS Council has deemed it desirable to amend Zoning Bylaw No. 1750 by amending the text of Section 2.4 – DEFINITIONS and Section 4.2.14 - P2 – Parks and Open Space Zone;

Applicant: 0937657 B.C. Ltd., Inc. No. BC0937657 Properties Affected: P2 – Parks and Open Space zoned properties in the City of Fernie.

NOW THEREFORE, the Municipal Council of the Corporation of the City of Fernie in open meeting assembled ENACTS AS FOLLOWS:

1. This Bylaw may be cited as the “Zoning Bylaw No. 1750, Amendment Bylaw No. 178, Bylaw No. 2282, 2015”.

2. That Zoning Bylaw No. 1750 be amended as follows:

a) That 147. “SPRAY PARK” be added under section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re- numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

b) That Section 4.2.14.3.1 is re-labeled from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

c) That the following text be replaced in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

d) That the following be added to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 61 of 221 Page 2 Bylaw No. 2282, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 ______

h. swimming pools, hot tubs and spray parks.

Read a first time the 24th day of August, 2015.

Read a second time the 24th day of August, 2015.

Notice given in accordance with the Local Government Act and the Community Charter by publication in the Free Press on the 3rd day of September, 2015 and the 10th day of September, 2015.

A Public Hearing was held on the _____ day of ______, _____.

Read a third time the _____ day of______, _____.

Approved by the Ministry of Transportation and Infrastructure, pursuant to the Transportation Act this _____ day of ______, _____.

______Minister of Transportation and Infrastructure

Adopted this _____, day of ______, _____.

______

MAYOR

______

DIRECTOR OF CORPORATE ADMINISTRATION SERVICES

I hereby certify the foregoing to be the original Bylaw No. 2282

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 62 of 221 STAFF REPORT Council

Date: August 24th, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Bruce Lennox, Director of Planning Subject: Bylaw No. 2282 Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 0937657 BC Ltd. (c/o Reto Barrington) Lot A, District Lot 4588, Kootenay District, Plan NEP91181 (Future RV Park)

RECOMMENDATIONS:

1. That Council approve the application submitted by Reto Barrington to text amend Zoning Bylaw No. 1750 related to a campground use in the P-2 - Parks and Open Space zone;

2. That Zoning Bylaw No. 1750, Amendment Bylaw No. 178, Bylaw No. 2282, 2015 be given first reading; and

3. That Zoning Bylaw No. 1750, Amendment Bylaw No. 178, Bylaw No. 2282, 2015 be given second reading and that Council schedule a public hearing.

PROPOSAL

Bylaw No. 2282 proposes to text amend Zoning Bylaw No. 1750 by:

 Adding 147. “SPRAY PARK” under Section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re-numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

 Re-labeling Section 4.2.14.3.1 from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

 Replacing the following text in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 63 of 221

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

 Adding the following to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

h. swimming pools, hot tubs and spray parks.

BACKGROUND:

The applicant also wishes to

 Replace the following text in Section 4.2.14.3.1a. of the P2 – Parks and Open Space Zone:

One building the floor area of which does not exceed 200 square metres in floor area per floor, and not exceeding two stories in height, and in any event, not exceeding 10 metres in height which only contain one or more of the following uses:

WITH

One building the floor area of which does not exceed 350 square metres in floor area per floor, and not exceeding two stories in height, and in any event, not exceeding 10 metres in height which only contain one or more of the following uses:

Respectfully submitted,

Bruce Lennox, Director of Planning

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 64 of 221 STAFF REPORT Committee of the Whole

Date: August 20, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Derek Cimolini, Planner Subject: Bylaw No. 2282 Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 0937657 BC Ltd. (c/o Reto Barrington) Lot A, District Lot 4588, Kootenay District, Plan NEP91181 (Future RV Park)

RECOMMENDATION:

Staff Recommends that Council endorse the following amendments to City of Fernie Zoning Bylaw No. 1750:

That Zoning Bylaw No. 1750 be amended as follows:

a. That 147. “SPRAY PARK” be added under section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re-numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

b. That Section 4.2.14.3.1 is re-labeled from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

c. That the following text be replaced in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 65 of 221 d. That the following be added to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

h. swimming pools, hot tubs and spray parks.

PROPOSAL:

The application submitted by Reto Barrington to amend Zoning Bylaw No. 1750 as follows:

a. That 147. “SPRAY PARK” be added under section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re-numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

b. That the following text be replaced in Section 4.2.14.3.1a. of the P2 – Parks and Open Space Zone:

One building the floor area of which does not exceed 200 square metres in floor area per floor, and not exceeding two stories in height, and in any event, not exceeding 10 metres in height which only contain one or more of the following uses:

WITH

One building the floor area of which does not exceed 350 square metres in floor area per floor, and not exceeding two stories in height, and in any event, not exceeding 10 metres in height which only contain one or more of the following uses:

c. That Section 4.2.14.3.1 is re-labeled from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

d. That the following text be replaced in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

e. That the following be added to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 66 of 221

h. swimming pools, hot tubs and spray parks.

BACKGROUND

The application by Reto Barrington to amend Zoning Bylaw No. 1750 has two parts:

 Part 1: Increase in Building Size: Deals with the request by the applicant to increase the maximum building size from 200 square metres to 350 square metres in section 4.2.14.3.a of Zoning Bylaw No. 1750.

o If Part 1 of the above proposed Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 were approved by Council as proposed by the applicant; it would give the applicant an opportunity to build a 350 square metre office related to the campground use with a convenience store (a change from the currently permitted 200 square metre building). This building may also include laundry facilities, a commercial kitchen, washroom and shower facilities and a games room.

o The application does not specify the purpose of the proposed increase in building size, other than to state that “(The increase in building size is) to allow for suitable amenity for the RV Park.”

o If the bylaw amendment were approved by Council, the applicant would place a temporary tent over an engineered concrete foundation until such a time that he is ready to build a permanent structure.

o This text amendment would allow one building containing an office related to the campground use, a convenience store, laundry facilities, a commercial kitchen, washroom and shower facilities and a games room in future campgrounds to be 350 square metres in area.

 Part 2: Swimming Pools, Hot Tubs and Spray parks Permitted Use: Deals with the request by the applicant to allow swimming pools, hot tubs and spray parks as an accessory use to the permitted campground in the P2: Parks and Open Space zone.

o If Part 2 of the above proposed Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 were approved by Council as proposed by the applicant, it would give the applicant the opportunity to construct a swimming pool, hot tub and spray park as part of the proposed campground.

o This text amendment would allow for swimming pools, hot tubs and spray parks in future campgrounds.

1:200 YEAR FLOODPLAIN

The proposed Zoning Bylaw No. 1750, Amendment Bylaw No. 178, 2015 directly affects Lot A, District Lot 4588, Kootenay District, Plan NEP91181. The subject Lot A is completely in the 1:200 Year Floodplain and is not protected by an engineered (standard) dike. A Hazard Lands Development Permit (HLDP – 45) has been issued for the property and a Section 219 Covenant that is currently registered on title, in relation to the floodplain, states that:

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 67 of 221 The Grantor (0937657 B.C. Ltd.) shall not locate any area used for human habitation, business or storage of goods damageable by floodwaters and no furnace or other fixed equipment damageable by floodwaters in any building, park model trailer or permanent structure at an elevation such that the underside of the floor system is less than .61 metres above the 1:200 year flood elevation G.S.C. Datum for that portion of the Land upon which the building, or permanent structure is to be constructed… This restriction shall not, however, apply to picnic shelters, washroom and shower facilities, laundry facilities, or campsites.

Furthermore, the Section 219 Covenant states that:

Prior to issuance of any building permit for a permanent structure, the Grantor shall obtain a report from a qualified professional with respect to the design and construction of foundations for such permanent structure, and shall cause any foundation for a permanent structure to be to be constructed in accordance with such report and in accordance with all applicable statutes and regulations of the Province of British Columbia and the bylaws of the Grantee (City of Fernie).

 In relation to the proposed increase in building size, the Section 219 Covenant requires the applicant the build the proposed building to an elevation of that which is 0.61 metres above the 1:200 year flood plain, however:

o There is no requirement for the applicant to build access roads, and install services above the 1:200 year floodplain.

o In the occurrence of a 1:200 year flood event, the building, if built to the recommendations of a qualified professional, should rest above the flood waters, but access and egress to and from the building may be cut-off by flood water.

o During the flood event of 2013, the access road to the proposed RV Park (also known as the Great Northern Right-of-Way) was flooded and impassable.

o Furthermore, because the subject Lot A is not protected by an engineered (standard) dike, if the 1:200 year flood event changes the course of the Elk River, the building, although above the 1:200 year flood elevation, may be rendered uninhabitable by means of seclusion.

 In relation to the proposed text amendment to allow swimming pools, hot tubs and spray parks, there is no wording in the Section 219 covenant or the City of Fernie Floodplain Management Bylaw No. 1780 that requires the applicant to build any pools, hot tubs or spray parks to an elevation above the 1:200 year flood plain, therefore:

o City of Fernie Staff supports the construction of pools, hot tubs and spray parks below flood construction level.

o All fixed equipment damageable by floodwaters, including mechanical equipment associated with operation of any pool, hot tub or Spray Park must be located above Flood Construction Level.

o Chemicals associated with the treatment of water in any pool, hot tub or Spray Park must be located above Flood Construction Level

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 68 of 221 OFFICIAL COMMUNITY PLAN BYLAW NO. 2231

The subject Lot A is designated Natural Open Space by Schedule ‘B’, Land Use Designations, of the Official Community Plan (OCP). The request of the applicant to increase the maximum building size from 200 square metres to 350 square metres is inconsistent with following policies contained in the City of Fernie Official Community Plan:

9-B.14 Natural Open Space

“As a result of topography and the presence of watercourses in the community, considerable natural open space areas exist in the City of Fernie. These undeveloped open space areas contribute significantly to the natural setting and our quality of life. In many cases, these areas serve as locations for active and passive recreation. The OCP supports the preservation of these areas in their natural form and also allows their use for recreation and leisure.”

9-B.14.1 Preserve natural open space in the community as a means to provide for active and passive recreation and leisure uses.

9-B.14.3 Permit appropriate uses in natural open space areas including trails, interpretive facilities, habitat protection and restoration, habitat enhancement, erosion control works, fencing, signage and other uses that do not result in degradation of the natural environment.

9-B.14.7 Retain significant natural vegetation wherever possible.

OCP Schedules M – S Development Permits and Design Guidelines

The subject Lot is not currently located in a Development Permit area, according to Schedules M – R of the OCP. Because of this, no development on the Subject Lot A is subject to Schedule S – Building Design Guidelines. The following proposed structures and works would not be subject to Schedule S – Building Design Guidelines:

 Proposed temporary tent, including scale, form and character, colour, exterior lighting styles and associated landscaping.

 Proposed washroom/change room facilities, including scale, form and character, colour, exterior lighting styles and associated landscaping.

 Proposed hot tub and Spray Park, including fencing, exterior lighting and associated landscaping.

 Overall construction of the site, including lighting, fencing and landscaping of the RV and tent sites.

Subject Lot A has a high visual impact on surrounding developments, especially Parkland Terrace, therefore, the placement of large structures, installation of lighting, and installation of landscaping that do not conform to the Building Design Guidelines should be limited, or completed in a style that conforms to what is set out in the Building Design Guidelines. It is also important to note that there is no guarantee that the proposed tent will be temporary. If the tent remains anywhere on the site, its’ scale, form and character, colour, exterior lighting styles and associated landscaping should be regulated.

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 69 of 221 Sanitary and Water Mains

A sanitary force main and a low-pressure water trunk main that service the Ghostrider subdivision are located in the North end of the subject Lot A. Staff would like to request that the landowner provide a 9.0 metre wide Statutory Right-of-Way so that the City may access this infrastructure for maintenance and emergency purposes.

CAMPSITE BYLAWS IN SURROUNDING COMMUNITIES

In researching the proposal by the applicant to increase the maximum building size from 200 square metres to 350 square metres, City Staff looked at the following bylaws from surrounding communities:

1. Regional District of East Kootenay Consolidated Campground Bylaw No. 2403, 2012 allows:

 Retail Facilities, that being convenience stores and concession stands, provided that maximum floor area does not exceed 50 square metres for the a campground with 100 spaces or less, with 0.37 square metres per additional space over 100 spaces to a maximum of 230 square metres.

 The Fernie RV Park is proposed to be built out to 256 spaces. In the RDEK, the maximum size of a building on a campground with 256 units would be approximately 158 square metres

 A maximum of one (1) single family dwelling.

2. District of Sparwood Campgrounds Bylaw No. 435, 1986 allows:

 A retail facility for the purpose of selling groceries, camping supplies, and souvenirs is permitted to serve the Campground permitted the maximum floor area does not exceed 25 square metres for the a campground with 50 spaces or less, with 0.3 square metres per additional space over 50 spaces to a maximum of 50 square metres.

 The Fernie RV Park is proposed to be built out to 256 spaces. In Sparwood, the maximum size of a building on a campground with 256 units would be 50 square metres (the maximum allowable in their campgrounds bylaw).

 The Bylaw also allows for a dwelling unit including office space for the accommodation of the owner or operator of the campground. The minimum site area for such facility shall be 550 square metres.

3. City of Cranbrook Zoning Bylaw No. 3737, 2012 Tourist Commercial Zone – C-6 states that:

 “No person shall locate an establishment which sells groceries and sundry items in the C-6 Zone which exceeds 47.0 square metres in area.”

 The Bylaw also allows a dwelling unit accessory to a permitted use.

4. District of Elkford Zoning Bylaw No. 737, 2013 Campground Institutional Zone allows:

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 70 of 221  Amenity and administration use

 A retail accessory use, limited to 50 square metres.

 No more than one (1) Employee or one (1) Caretaker Trailer Dwelling.

COMPARABLE BUILDING SIZES IN FERNIE

In researching the proposal by the applicant to increase the maximum building size from 200 square metres to 350 square metres, City staff researched buildings in Fernie that are comparable in both footprint and height to both the currently permitted 200 square metres and the proposed 350 square metres.

 200 square metres and 10 metre maximum height: Comparable to an above average R1 – Single Family Residential Dwelling Unit in both footprint (2152 square feet) and height (32.8 feet). The 10 metre maximum height matches that allowed in the R1 – Single Family Residential Zone, and would easily allow for a two-storey building to be constructed. In the R1 Zone, on a standard 665 square metres (60 foot x 120 foot) lot, a 200 square metre dwelling would occupy approximately 30% of the parcel coverage.

 350 square metres and 10 metre maximum height: Comparable to:

o City Hall (501 – 3rd Avenue)

. Area: The overall footprint of City Hall is approximately 404 square metres, which is somewhat comparable to the proposed RV park building/temporary tent.

. Height: The height of City Hall is approximately 13.5 metres, which is higher than the allowable 10 metre height, but if City Hall’s high ceilings and tall peak were reduced, the proposed building would be very comparable to the proposed RV park building/temporary tent.

o Court House (401 – 4th Avenue)

. Area: The overall footprint of the Court House is approximately 414 square metres, which is larger than the proposed RV park building/temporary tent, but is still comparable.

. Height: The height of Court House is approximately 19 metres, which is not comparable to the proposed RV park building/temporary tent.

o Transfer Station Building (6000 – Highway No. 3)

. Area: The overall footprint of the Transfer Station Building is approximately 522 square metres, which is not comparable to the proposed RV park building/temporary tent.

. Height: The height of the Transfer Station Building is approximately 10 metres, which equal to the allowable 10 metre height, of the proposed RV park building/temporary tent. The scale of the height of the Transfer Station Building taken in context with surrounding structures at the Transfer Station Site will be similar to the Scale of the proposed RV park

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 71 of 221 building/temporary tent taken in context with RVs, and tents parked on the RV Park site.

REFERRAL RESPONSES

The City of Fernie Engineering Department noted that a building of the proposed 350 square metres would create a building that is out of scale with the permitted use.

The City of Fernie Fire and Emergency Services Department had no concerns with the proposed text amendments, although noted that all buildings and sites have proper exit lights, emergency lightning, extinguisher placement and fire safety plans depending on alarm system and occupancy. Furthermore, the City of Fernie Fire and Emergency Services Department have other concerns including secondary access to the site, the regulation of fire pits, the potential for the on-site sale, storage and refill of propane tanks and the inclusion of a site map and site numbering system for emergency response purposes.

The City of Fernie Building Official reviewed the rezoning application and noted that the scale and massing of a 350 square metre building proposal does not appear conducive to recreational campground use and is more suited to a large highway commercial development. The Building department recommended further consultation with the applicant towards scale reduction and aesthetic concerns.

The City of Fernie Leisure Services Department noted that if pools, hot tubs and spray parks are permitted, that they should be exclusively for the use of campground guests, as opening these facilities to the general public could impact attendance and revenues at the Fernie Aquatic Centre. Furthermore, the Leisure Services Department was concerned about the chemicals for treatment of pool, hot tub and spray park water being present below Flood Construction Level.

Interior Health advised that the pools, hot tubs and spray parks, as well as their accessory components such as change rooms and washrooms must be constructed and operated in accordance with Provincial Regulations and Guidelines. For example, the construction of pools, hot tubs and spray parks would require design by a professional engineer.

The Ministry of Forests, Lands and Natural Resources Operations noted that chemicals used in the treatment of pool, hot tub and spray park water should be stored above flood construction level to avoid, in the event of a flood, the chemicals from being released in a concentrated form into the river system.

OPTIONS

Option 1: That Council direct staff to have the applicant resubmit his application:

That Zoning Bylaw No. 1750 be amended as follows:

e. That 147. “SPRAY PARK” be added under section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re-numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 72 of 221 f. That Section 4.2.14.3.1 is re-labeled from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

g. That the following text be replaced in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

h. That the following be added to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

h. swimming pools, hot tubs and spray parks.

Option 2: That Council has staff proceed with the application as submitted:

That Zoning Bylaw No. 1750 be amended as follows:

a. That 147. “SPRAY PARK” be added under section 2.4 DEFINITIONS as set out below and the definitions under Section 2.4 DEFINITIONS be re-numbered accordingly:

147. SPRAY PARK means: a recreation area, for water play, that has spraying water apparatus and little or no standing water.

b. That the following text be replaced in Section 4.2.14.3.1a. of the P2 – Parks and Open Space Zone:

One building the floor area of which does not exceed 200 square metres in floor area per floor, and not exceeding two stories in height, and in any event, not exceeding 10 metres in height which only contain one or more of the following uses:

WITH

One building the floor area of which does not exceed 350 square metres in floor area per floor, and not exceeding two stories in height, and in any event, not exceeding 10 metres in height which only contain one or more of the following uses:

c. That Section 4.2.14.3.1 is re-labeled from 4.2.14.3.1.a.b.a.b.c.d.e. to 4.1.14.3.1.a.b.c.d.e.f.g.

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 73 of 221

d. That the following text be replaced in Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone

a. structures utilized solely for Laundromat purposes for use only by persons occupying the campground, not exceeding 6 metres in height;

b. structures containing only washroom and shower facilities, not exceeding 6 metres in height;

WITH

c. structures utilized for laundry facilities not exceeding 6 metres in height;

d. structures utilized for washroom and shower facilities, not exceeding 6 metres in height;

e. That the following be added to Section 4.2.14.3.1 of the P2 – Parks and Open Space Zone, campground accessory uses:

h. swimming pools, hot tubs and spray parks.

CONCLUSION

Staff Recommends Option 1 to Council. Building sizes in campground bylaws of surrounding communities are not permitted to be 350 square metres. In fact, given the proposed number of sites at the Fernie RV Park, the largest building allowed when applying the campground bylaws of surrounding communities would be 158 square metres (even smaller than the current permitted 200 square metres in the City of Fernie Zoning Bylaw No. 1750). City Staff believes that the current permitted 200 square metres is sufficient for an office related to the campground use with a convenience store, laundry facilities (located elsewhere on the site), a commercial kitchen, washroom and shower facilities (located elsewhere on the site) and a games room. Therefore, the increase to 350 square metres from 200 square metres is not recommended.

Respectfully submitted,

Derek Cimolini, Planner

5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 74 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 75 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 76 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 77 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 78 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 79 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 80 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 81 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 82 of 221 5.2 Public Hearing for Bylaw No. 2282, cited as Zoning Bylaw... Page 83 of 221

August 20, 2015 Re: Fernie Kids Triathlon

Dear Mayor Mary Giuliano and City Council,

I write this letter on behalf of the non-profit board of the Fernie Kids Triathlon (www.ferniekidstri.com). This year marks the fifth year of the kid’s triathlon in Fernie, a great event that continues to involve many hours of volunteer planning and coordination.

Once again this year, we have opened registration for one hundred and fifty children from Fernie, Sparwood, Elkford, Cranbrook, Calgary and beyond. We do limit the registration in order to carefully manage the safety and organization of this event. The registration fee was set in January and kept as low as possible to be affordable for all. Although local sponsors support us with small donations, we find ourselves operating with an extremely tight budget.

One of our greatest costs is the pool rental for the 4 hours of the actual event taking place on September 20th. For the past 3 years, we have applied and were granted a donation from the City to cover this cost. The donation was greatly appreciated.

This year, we have also been straddled with additional costs of greater than $500 for rental of equipment to ensure the safety of our competitors. The fencing is both one of the biggest additional costs, as well as a necessity for the safety of our athletes. Having set our entry fee before the implementation of the City’s new rental fees leaves us in a very tight bind.

We are asking that the Mayor and Council would consider donating the full amount of this year’s pool rental as well as the fencing to help offset our budget. Your continued support contributes to a growing community event that brings families to Fernie and has proven to be a local success.

I would be glad to attend the next council meeting to present this request.

Thank-you for your consideration,

Tara Beck [email protected] phone (250) 423-4447

6.1 Tara Beck and Pepper Sterling on behalf of the Fernie Ki... Page 84 of 221 2015 Fernie Kids Triathlon Budget

Income:

Zone 4 Registrations $3,000 Community Cash Donations $750 Still waiting on some responses.

Total Income: $3,750

Expenses:

Equipment Rental (fencing etc) $600 Pool Fee and Insurance $600 Previously donated by COF Radio Rental $350 Donated by Sparcomm Race Bibs and Signs $100 Building Bike Racks $300 Volunteer and Athlete Concession $500 Swim Caps $300 Athlete Medals $450 Food for Athlete bags $100 Athlete shirts and bags $2,600 Society Fees $50 Website fee $60 Advertising and Promotion $150 2015 - not doing as much due to deficit

Total Expenses: $5,060

Deficit ($1,310)

6.1 Tara Beck and Pepper Sterling on behalf of the Fernie Ki... Page 85 of 221 2015 - not doing as much due to deficit

6.1 Tara Beck and Pepper Sterling on behalf of the Fernie Ki... Page 86 of 221 STAFF REPORT Council

Date: September 9th, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Bruce Lennox, Director of Planning Subject: DVPA-376 – 1362 & 1392 - 5th Avenue – Duncan Maisels and Shannon Takacs

RECOMMENDATIONS:

That Council approve Development Variance Permit Application No. DVPA-376 and give notice of their intention to consider the issuance of Development Variance Permit No. DVP-376 to Duncan Maisels and Shannon Takacs for Lot 3, District Lot 4588, Kootenay District, Plan 6952 (the “Lands”):

a. The minimum front yard setback as set out in section 4.2.5.4 of Zoning Bylaw No. 1750 is varied from 7.50 metres to 7.41 metres along a portion of the west property line only; and

b. The minimum parcel area as set out in Section 4.2.5.4 of Zoning Bylaw No. 1750 is varied from 1115 square metres to 892 square metres for each of the two proposed parcels to be created by subdivision of the Lands.

PROPOSAL:

In order to facilitate a subdivision of the Lands into two separate parcels, the landowners have submitted a Development Variance Permit Application to vary the minimum front yard setback of the two multi family dwelling buildings on the Lands from 7.50 metres to 7.41 metres along a portion of the west property line only and to vary the minimum parcel area for each of two proposed parcels to be created by subdivision of the Lands from 1115 square metres to 892 square metres.

BACKGROUND:

The Lands, civically known as 1362 and 1392 - 5th Avenue, is zoned R4 – Multiple Family Residential (High Density) and designated Residential Infill and Intensification by Schedule B, Land Use Designations, of the Official Community Plan. A Preliminary Layout Approval (PLA) dated July 29th, 2015 was issued by the Approving Officer for the Plan of Proposed Subdivision of Lot 3, District Lot 4588, Kootenay District, Plan 6952. The proposed subdivision would create two new lots with approximate dimensions of 24.4 metres x 36.57 metres each containing one multi family dwelling building. The landowners have submitted the subject Development Variance Permit Application to the City of Fernie to address a condition of subdivision approval outlined in the PLA.

The parcel coverage of the multi family dwelling buildings and accessory buildings existing on each of the two proposed lots to be created by subdivision would be below the maximum allowable parcel coverage of 40% established under Section 4.2.5.4 of Zoning Bylaw No. 1750. Part 5 – Off-Street Parking requirements of Zoning Bylaw No. 1750 states that a total of 8

7.1 Development Variance Permit Application No. 376 for Dunc... Page 87 of 221 spaces are required for each of the two proposed new parcels. Each proposed parcel to be created by subdivision will have 10 parking spaces which exceeds the requirements as set out in Zoning Bylaw No. 1750.

REFERRAL RESPONSES:

The City of Fernie Engineering and Fire and Emergency Services Departments reviewed DVPA- 376 and had no concerns. The Building Official had no concerns relating to spatial separation and exposure to flame spread of the two buildings in regard to the proposed location of the new parcel line.

Respectfully submitted,

Bruce Lennox, Director of Planning

7.1 Development Variance Permit Application No. 376 for Dunc... Page 88 of 221 Development Variance Permit

Development Variance Permit No. DVP-376 Issued to: Duncan Maisels Address: PO Box 1804 Fernie, BC V0B 1M0

Issued to: Shannon Takacs Address: PO Box 1511 Fernie, BC V0B 1M0

1. The Development Variance Permit is issued subject to compliance with all of the bylaws of the municipality applicable thereto, except as specifically varied by this permit.

2. This Development Variance Permit applies to and only to those lands within the municipality described below, and any and all buildings, structures and other developments thereon: Legal Description:  Parcel Identifier: 013-041-622 Lot 3, District Lot 4588, Kootenay District, Plan 6952 (the “Lands)

3. Zoning Bylaw No. 1750 is varied as follows:

a. The minimum front yard setback as set out in section 4.2.5.4 of Zoning Bylaw No. 1750 is varied from 7.50 metres to 7.41 metres along a portion of the west property line only; and

b. The minimum parcel area as set out in Section 4.2.5.4 of Zoning Bylaw No. 1750 is varied from 1115 square metres to 892 square metres for each of the two proposed parcels to be created by subdivision of the Lands.

4. In granting the variance of the Bylaw as specified in Clause 3(a) above, the following conditions imposed: The variance shall only apply to buildings or structures existing, constructed or erected as of the date of issuance of this Permit. In the event that any existing buildings or structures are damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, any reconstruction or construction or erection of any further buildings must be in compliance with the zoning of the subject property as of the date of such damage or destruction.

5. The land described herein shall be developed strictly in accordance with the terms and conditions of this permit and any plans specifications attached to this permit which shall form a part hereof.

6. This Permit shall lapse if the Permittee does not complete subdivision of the Lands into two parcels within two (2) years from the date of this Permit.

7. The terms of this Permit or any amendment to it, are binding on all persons who acquire an interest in the land affected by this Permit.

8. This permit is not a Building Permit.

Authorizing resolution passed by Council of the City of Fernie on: ______

Issued on: ______

______Mary Giuliano, Mayor

______Sheryl Zral, Deputy Clerk

7.1 Development Variance Permit Application No. 376 for Dunc... Page 89 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 90 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 91 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 92 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 93 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 94 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 95 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 96 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 97 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 98 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 99 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 100 of 221 7.1 Development Variance Permit Application No. 376 for Dunc... Page 101 of 221 STAFF REPORT Council

Date: September 4, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Carla Fox, Director of Financial & Computer Services Subject: Budget Variance Analysis & Capital & One-time Project Update – Jan-Aug 2015

RECOMMENDATION THAT Council accept the Budget Variance Analysis & Capital & One-time Operating Project update for January to August 2015 Report as information.

PURPOSE The primary information provided in this 2015 Year-to-date Financial Report is a comparison of the annual budget amounts to actual revenues and expenditures for operating departments and projects, which is presented to Council as information.

BACKGROUND Council adopted the 2015 - 2019 Five Year Financial Plan Bylaw No. 2279 which sets out the proposed expenditures, the proposed funding sources, and the proposed transfers to or between funds for each year of the five year planning period. The revenue projections and budget expenditures presented have been approved by City Council.

All financial information is based on preliminary, unaudited information reported from the municipal financial system. Seasonal variations in municipal operations may affect the proportion of revenues achieved or expenditures incurred to date. This is particularly evident with projects, as the project activity may not have commenced or may have incurred little actual expenditure as at the end of the reporting period.

Operating Eight months through the 2015 fiscal year the overall municipal revenues and expenditures are tracking close to expectations and in line with prior year levels for the period.

Total general fund revenues of $10.7M are at 95% of annual budgeted revenues, Water fund revenues at $1.0 M are at 85%, and Sewer revenues at $993k are at 80%. Total revenues YTD total $12.8M versus an annual plan of $13.8M and prior year of $12.7M.

City-wide operating expenditures are at 58% of the annual budget. Departmental expenditures are tracking on budget and are on par with prior year numbers on a percentage of annual budget basis.

7.2 Budget Variance Analysis & Capital & One-Time Project Up... Page 102 of 221

Operating revenues and expenditure totals for individual departments can be found in the enclosed Budget Variance Report.

Capital A significant amount of project costs are not received until later in the fiscal year, and not all budgeted activities will necessarily take place during the current year due to unplanned or unforeseen factors. Expenditures by individual project can be found in the enclosed Budget Variance Report, under “Capital & One-Time Operating Expenditures”. This report also includes comments by project from the Director responsible.

LEGAL/STATUTORY AUTHORITY 1. 2015-2019 Five Year Financial Plan – “Pursuant to Section 165 of the Community Charter, 2015 – 2019 Five Year Financial Plan Bylaw No. 2279 adopted on the 11th day of May, 2015.

FINANCIAL/BUDGETARY CONSIDERATIONS None required.

OPTIONS 1. THAT Council accept the Budget Variance Analysis & Capital & One-time Operating Project update for January to August 2015 Report as information.

CONCLUSION Quarterly financial reporting provides Council, community, and staff with a regular overview of financial information and supports transparency and accountability of the organization.

Respectfully submitted,

Carla Fox, Director of Financial & Computer Services

Attachments: • Budget Variance Analysis – January – August 2015. • Capital and One-time Operating Project Update – January – August 2015.

7.2 Budget Variance Analysis & Capital & One-Time Project Up... Page 103 of 221 7.2 Budget Variance Analysis & Capital One-Time Project Up...

CITY OF FERNIE

BUDGET VARIANCE ANALYSIS

JANUARY - AUGUST 2015

Page 104 of 221 7.2 Budget Variance Analysis & Capital One-Time Project Up...

GENERAL FUND OPERATING P & L SUMMARY (excludes operating expenditures Funded from Reserve, Disaster Services Expense, & RMI) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments REVENUES: $ $ $ 01-1100 Taxation Real Property 5,298,581 5,301,733 (3,152) 01-1100 Elk Valley Property Tax Sharing 2,723,511 2,723,510 1 01-1200 Special Assessments 35,834 35,834 - 01-2100 Grants in Lieu 79,777 74,640 5,137 01-4200 Fire Protection 342,213 329,965 12,248 01-4430 Garbage Collection 109,824 143,600 (33,776) 01-4710 Arena Rental & Services 68,678 127,500 (58,822) 01-4720 Parks & Fields Rental & Services 7,031 9,775 (2,744) 01-4730 Community Centre Rental & Services 12,244 19,650 (7,406) 01-4735 Max Turyk Rental & Services 5,321 6,500 (1,179) 01-4740 Aquatic Centre Rental & Services 159,608 244,475 (84,867) $405,000 RMI Funding not yet received. Mine Rescue 01-4750 Tourism & Cultural Services 259,527 450,000 (190,473) revenue is accounted for here. 01-4760 Recreation Programming 49,984 25,000 24,984 01-4770 Curling Club 99 500 (401) 01-5100 Permits & Licenses 152,817 159,500 (6,683) 01-5200 Fines 1,135 5,000 (3,865) 01-5300 Facility Rentals/Leases 142,571 175,880 (33,309) 01-5400 1% Utility Tax & Franchise Fees 201,645 200,855 790 01-5600 Penalties and Interest on Taxes/Utilities 80,555 87,320 (6,765) $150,784 Revenue Received for 18th Ave Paving to RV 01-5900 Miscellaneous Revenue 189,738 20,550 169,188 Park 01-6200 Unconditional Transfers - Other Govt's 619,052 555,000 64,052 $50,000 Land Use Planning Grant Received 01-7200 Conditional Transfers - Other Govt's 243,762 684,318 (440,556)

Total General Fund Operational Revenues $ 10,783,507 $ 11,381,105 $ (597,598) - - % of Annual Budget 94.7%

EXPENSES: $ $ $ Comments Legislative & Administrative 745,677 1,414,562 668,885 General Municipal 365,930 575,433 209,503 Planning, Development & Building Inspec. 303,355 505,892 202,537 Operations 989,141 1,791,066 801,925 Leisure Services 1,688,090 2,562,291 874,201 Protective Services 762,891 1,182,021 419,130

Total General Fund Operational Expenses $ 4,855,084 $ 8,031,265 $ 3,176,181

Page 105 of 221 % of Annual Budget 60.5%

Operating Surplus / (Deficit) $ 5,928,423 $ 3,349,840 $ 2,578,583 7.2 Budget Variance Analysis & Capital One-Time Project Up...

WATER & SEWER SUMMARY (excludes expenditures Funded from Reserve, Disaster Services Expense, & RMI)

For the Period January 1, 2015 - August 31, 2015

WATER FUNDS (excludes Capital Revenue & Expenses)

Department Actual 2013 2013 Annual Code Department Actual Budget Variance Comments 03-1200 Water - Frontage Tax 153,168 154,000 (832) 03-4420 Water - Sale of Service 868,907 1,062,240 (193,333) 03-5600 Water - Penalties and Interest 5,660 5,500 160 03-6200 Water - Unconditional Transfers 5,000 - 5,000 Total Water Fund Revenues $ 1,032,735 $ 1,221,740 $ (189,005) % of Annual Budget 84.5% - - 2411 Water - Service of Supply 274,544 590,610 316,066 2412 Water - Administration 6,095 - (6,095) Total Water Fund Operations Expense $ 280,639 $ 590,610 $ 309,971 % of Annual Budget (excluding debt servicing) 47.5% - - Surplus / (Deficit) $ 752,096 $ 631,130 $ 120,966

SEWER FUNDS (excludes Capital Revenue & Expenses) 05-1200 Sewer - Frontage and Specified Area Tax 178,227 179,000 (773) 05-4420 Sewer - Sale of Service 809,508 1,061,640 (252,132) 05-5500 Sewer - Interest of Investments - 05-5600 Sewer - Penalties and Interest 5,045 5,000 45 Total Sewer Fund Revenues $ 992,780 $ 1,245,640 $ (252,860) % of Annual Budget 79.7% - - 2421 Sewer - Service of Supply 154,337 270,900 116,563 2422 Sewer - Plant Operations 203,118 511,116 307,998 2814 Sewer - Debt Charges 19,280 65,425 46,145 Total Sewer Fund Operations Expense $ 376,735 $ 847,441 $ 470,706 % of Annual Budget (excluding debt servicing) 44.5% - - Surplus / (Deficit) $ 616,045 $ 398,199 $ 217,846 Page 106 of 221

Page 2 7.2 Budget Variance Analysis & Capital One-Time Project Up...

LEGISLATIVE, ADMIN & BYLAW EXPENDITURES (excludes operating expenditures Funded from Reserve & Disaster Services Expense) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments 2111 Legislative 142,211 168,330 26,119 2121 Administration 550,925 1,154,978 604,053 2291 Bylaw Enforcement / Animal Control 52,541 91,254 38,713 Total Expenditures $ 745,677 $ 1,414,562 $ 668,885 % of Annual Budget 52.7% Page 107 of 221

Page 3 7.2 Budget Variance Analysis & Capital One-Time Project Up...

GENERAL MUNICIPAL SERVICES EXPENDITURES (excludes operating expenditures Funded from Reserve, Disaster Services Expense, & RMI) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments 2125 Retirement Benefits (excluding FF) 56,212 75,000 18,788 2191 Grants - Athletic/Educational/Comm. Groups 308,476 445,433 136,957 2195 Grants - Economic Dev & Tourism 1,242 55,000 53,758

Total Expenditures $ 365,930 $ 575,433 $ 209,503 % of Annual Budget 63.6% Page 108 of 221

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PLANNING AND DEVELOPMENT EXPENDITURES (excludes operating expenditures Funded from Reserve & Disaster Services Expense) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments 2315 Planning 173,710 319,405 145,695 2316 Development 51,296 75,675 24,379 2292 Building Inspection 78,349 110,812 32,463

Total Planning & Dev Expenditures $ 303,355 $ 505,892 $ 202,537 % of Annual Budget 60.0% Page 109 of 221

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PROTECTIVE SERVICES EXPENDITURES (excludes operating expenditures Funded from Reserve & Disaster Services Expense) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments 2241 Fire Protection 762,891 1,182,021 419,130

Total Protective Services Expenditures $ 762,891 $ 1,182,021 $ 419,130 % of Annual Budget 64.5% Page 110 of 221

Page 6 7.2 Budget Variance Analysis & Capital One-Time Project Up...

OPERATIONS DEPARTMENT EXPENDITURES (excludes operating expenditures Funded from Reserve & Disaster Services Expense) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments 2311 & 2314 & 2318 Operating Services Administration 195,480 - (195,480) This variance will be allocted to different departments for 2015. 2313 Yard & Workshop 81,461 169,342 87,881 2320 Sidewalks 47,634 61,576 13,942 2321 Streets 259,841 463,371 203,530 2322 Street Lighting 119,370 212,925 93,555 2324 Snow Removal 107,173 538,242 431,069 2325 Traffic Services 66,518 79,530 13,012 2326 Drainage 16,246 99,299 83,053 2327 River Dyke Inspections 8,387 26,367 17,980 2328 Fairy Creek Quarry - - - 2431/32 Solid Waste 67,058 107,219 40,161 2433/34 Recycling Operations 19,973 33,195 13,222 Total General Fund Operations Expense $ 989,141 $ 1,791,066 $ 801,925 % of Annual Budget 55.2% Page 111 of 221

Page 7 7.2 Budget Variance Analysis & Capital One-Time Project Up...

LEISURE SERVICES DEPARTMENT EXPENDITURES (excludes operating expenditures Funded from Reserve & Disaster Services Expense) For the Period January 1, 2015 - August 31, 2015

Department Year to Date 2015 Code Department Actual Budget Variance Comments 2131 City Hall Building & Grounds 19,580 37,500 17,920 2511 Cemetery Operations 58,562 100,339 41,777 2710 Building Maintenance - General 573 6,515 5,942 2712 Arena 310,295 578,488 268,193 2713 Community Centre 62,230 84,622 22,392 2714 Aquatic Centre 498,235 763,960 265,725 2715 Community Parks 203,970 292,734 88,764 2716 Max Turyk School 110,028 131,671 21,643 2717 Community Trails 21,967 47,020 25,053 2718 Leisure Services Administration 159,342 176,892 17,550 2719 Recreation Programming 29,605 26,012 (3,593) 2722 Seniors Drop-In Centre 14,116 23,911 9,795 2724 Curling Club 32,264 42,090 9,826 2725 Heritage Library 23,534 41,198 17,664 2726 Dog Pound 2,018 2,562 544 2751 Chamber/Info Centre 25,964 30,660 4,696 2753 Search & Rescue 1,837 6,534 4,697 2755 Courthouse 49,926 70,035 20,109 2758 Museum 4,038 3,420 (618) 2761 Arts Station 25,701 39,613 13,912 2771 Special Events 34,305 56,515 22,210

Total Leisure Services Expenditures $ 1,688,090 $ 2,562,291 $ 874,201 - - % of Annual Budget 65.9% Page 112 of 221

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REVENUE CENTRE COST RECOVERY (excludes operating expenditures Funded from Reserve & Disaster Services Expense) For the Period January 1, 2015 - August 31, 2015

2015 2015 Department Category Actual Budget

Fire Protection Revenues 342,213 329,965 Expenditures 762,891 1,182,021 Net Operating Expenditures 420,678 852,056 Percent Recovery 44.9% 27.9%

Bylaw Enforcement Revenues 53,516 54,000 Expenditures 52,541 90,734 Net Operating Expenditures (975) 36,734 Percent Recovery 101.9% 59.5%

Building Inspection Revenues 90,011 100,000 Expenditures 78,349 110,812 Net Operating Expenditures (11,662) 10,812 Percent Recovery 114.9% 90.2%

Water System Revenues 1,032,735 1,221,740 Expenditures 280,639 590,610 Net Operating Expenditures (752,096) (631,130) Percent Recovery 368.0% 206.9%

Sewer System Revenues 992,780 1,245,640 Expenditures 376,735 847,441 Net Operating Expenditures (616,045) (398,199) Percent Recovery 263.5% 147.0%

Solid Waste Revenues 109,824 143,600 Expenditures 87,031 140,414 Net Operating Expenditures (22,793) (3,186) Percent Recovery 126.2% 102.3%

Arena Revenues 68,678 127,500 Expenditures 310,295 578,488 Net Operating Expenditures 241,617 450,988 Percent Recovery 22.1% 22.0%

Community Centre Revenues 12,244 19,650 Expenditures 62,230 84,622 Net Operating Expenditures 49,986 64,972 Percent Recovery 19.7% 23.2%

Aquatic Centre Revenues 159,608 244,475 Expenditures 498,235 763,960 Net Operating Expenditures 338,627 519,485 Percent Recovery 32.0% 32.0%

Recreation Programming Revenues 49,984 25,000 Expenditures 29,605 26,012 Page 113 of 221 Net Operating Expenditures (20,379) 1,012 Percent Recovery 168.8% 96.1% 7.2 Budget Variance Analysis & Capital One-Time Project Up...

CAPITAL AND ONE-TIME OPERATING PROJECTS 2015 UPDATE AS OF AUG 31, 2015 Project Is On Hold Project In Progress GENERAL CAPITAL AND ONE-TIME 2015 ACTUAL Projext Complete Dept % Spent Project OPERATING PROJECTS BUDGET SPENT Project Completion Start Date Date PROJECT STATUS Onsite review of facility lighting requirements is complete. Based on information gathered detailed designs have Energy Efficiency Retrofits Leisure $ 95,100 - 0.0% Aug-15 Dec-15 been completed and draft tender documents have been prepared for review. Tender release is anticipated this fall to allow for implemetation prior to the end of the year. Memorial Arena - Penalty Box Upgrades Leisure $ 15,000 $ 14,596 97.3% Jun-15 Project complete.

Installation of playground apparatus, sod and wood fibre safety surfacing material are complete and the park was Ridgemont Park - Playground Upgrade Leisure $ 120,000 $ 80,111 66.8% May-15 Aug-15 opened for use in August. Installation of trees and benches to be undertaken by City crews as work schedules permit.

Aquatic Centre - Main Pool Pump Replacement Leisure $ 10,000 $ 8,881 88.8% 1-Sep Project complete. Community Centre - Table and Chair Replacement Leisure $ 54,000 - 0.0% Aug-15 Project Complete. Arts Station - Fire Supression System Upgrade Leisure $ 23,385 23,953 102.4% Mar-15 Project complete. In addition to the $61,000 City contribution, $50,000 in federal grant funding provided through the Enabling Assessibility Fund has been dedicated to this project. Based on preliminary design work it has been determined that the installation of a lift at the arena as originally anticipated isn't viable without significant and costly alterations to the existing facility. Recent estimates set the cost at approximatley $160,000 or $49,000 over Memorial Arena - Accessibiliby Lift Installatioin Leisure $ 111,000 - 0.0% 1-Oct 30-Dec budget. Staff are investigating the possibility of redirecting the budgeted funds towards improving accessiblity at City Hall and met with the firm that did the preliminary work on the arena project on August 4th to discuss alternatives. The possibility of redirecting the grant funds to an alternate project will be confirmed before spending any money on the City Hall project. Expenditures to date include replacement of the exhaust systems in the Community Center and Curling Rink Maintenance Placeholder Leisure $ 75,000 $ 28,821 38.4% Mar-15 Dec-15 kitchens. Terms of Reference to be developed and incorporated into an RFP. Anticipate release of RFP in the 4th quarter of Leisure $ 75,000 0.0% 1-Oct 30-Dec Recreation Facility Study - Plan Development 2015 and project completion in 2016. Fire Safety Plans (7) Leisure $ 25,000 0.0% 1-Sep 30-Dec In progress - Completion set for December 2015 Terms of Reference to be developed and incorporated into an RFP. Anticipate release of RFP in the 4th quarter of Leisure $ 20,000 0.0% 1-Oct 30-Dec Downtown Beautification - Design Plan 2015 and project completion in 2016. James White Park - Dangerous Tree Inspection and Removal Leisure $ 15,000 $ 10,265 68.4% May-15 Jul-15 Project complete. Max Turyk - Day Care Space Storage, Kitchen Improvements Leisure $ 11,000 $ 4,633 42.1% May-15 Jul-15 Project complete. Max Turyk - Facility Signage Leisure $ 8,500 0.0% Aug-15 Oct-15 Work in progress - fall completion anticipated. Courthouse - Facility Signage Leisure $ 8,500 0.0% Aug-15 Oct-15 Work in progress - fall completion anticipated. City Hall - Facility Signage Leisure $ 8,500 0.0% Aug-15 Oct-15 Work in progress - fall completion anticipated. Public Works Office Leisure $ 5,500 $ 1,929 35.1% Apr-15 Apr-15 Project Complete. Locker room converted to men and women's. Added to men's lockers. Max Turk - Ceiling Tile Replacement (Daycare) Leisure $ 5,000 $ 6,500 130.0% Apr-15 Apr-15 Project complete. Senior Drop-in Centre - Parking Lot Railing (north side) Leisure $ 2,375 $ 2,435 102.5% Jul-15 Jul-15 Project complete. Budget allocation will be combined with Accessibility Lift budget if City Hall project is determined to be feasible City Hall Accessibility Investigation Leisure $ 15,000 0.0% 1-Sep 30-Dec and reallocation of grant funds is permitted. Expenditures relate to: the purchase of a Wildfire Skidtanx Unit which was installed in the Ford 1 Ton to replace the Bush Truck; the purchase of a used GMC Yukon to replace the Ford 1 Ton; and a used emergency response Fire Department - Mobile Equipment Upgrades Fire Dept $ 43,000 $ 42,982 100.0% Jun-15 Jun-15 vehicle to replace the cube van. The cube van was sold due to the excessive cost of needed mechanical repairs. Fire Department bush truck was sold at the end of August. Project complete. On June 22nd the consulatant presented the final report to the Committee of the Whole where recommendations and next steps were discussed. A working group meeting is scheduled for August 27th to review the recommendations and formulate a realistic plan for the Fernie Program. Paul Wortley, Emergency Emergency Preparedness Review Fire Dept $ 30,000 $ 29,660 98.9% Jan-15 Jun-15 Social Services Director, has been proactive and had numerous recruitment meetings with potential volunteers and is now working on a Emergency Social Services Directive/Plan. Training opportunities have been communicated to City staff by Emergency Program Coordinator Ruiter, the RDEK and EMBC. Several meetings have been held involving City Planning staff and the local City solicitor to review definitions and

Page 114 of 221 Zoning Bylaw - Update Planning $ 25,000 13,628 54.5% May-15 Dec-15 identify deficiencies in the current Bylaw. Services of outside an consultant will be engaged in the fall of 2015 for further review of the Bylaw with a goal of incorporating current best practices. Development Cost Charge Bylaw - Major Update Planning $ 20,180 - 0.0% Mar-15 Dec-15 Bylaw adopted March 23, 2015. Working with USL to finalize DCC Procedures Manual (draft complete). Project to be initiated near the completion of the Zoning and Subdivision & Development Servicing Bylaw Development Process Review Planning $ 30,000 0.0% Mar-15 Dec-15 Updates. 7.2 Budget Variance Analysis & Capital One-Time Project Up...

CAPITAL AND ONE-TIME OPERATING PROJECTS 2015 UPDATE AS OF AUG 31, 2015 Project Is On Hold Project In Progress GENERAL CAPITAL AND ONE-TIME 2015 ACTUAL Projext Complete Dept % Spent Project OPERATING PROJECTS BUDGET SPENT Project Completion Start Date Date PROJECT STATUS ISL has completed a draft submission of the Bylaw and a current issues table for staff to review. It is anticipated Subdivision and Development Servicing Bylaw - Update Engineering $ 50,000 0.0% 4th Quarter that the updated Bylaw will come forward to Council early in the 4th quarter. Floodplain Mngt Mapping (Fairy Creek, Elk River) - Update Draft RFP complete. Project on-hold pending completion of study being undertaken by the Elk River Alliance for Planning $ 90,875 0.0% Bylaw the RDEK as there is a potential to reduce the scope of the project depending on the data provided by the study. GIS Upgrade ($16k net of current $5k) + Hardware Engineering $ 21,500 $ 17,655 82.1% Jun-15 Project complete. Terms of Reference for this project have been discussed with the GHG Reduction Committee. Next steps are to Composting Pilot Project Waste $ 25,000 - 0.0% 4th Quarter approach Consultants familiar with Organic Removal, formulate ToR for next steps to bring Organic Removal to the whole community. Work to commence in the 4th Quarter of 2015. Feasibility Study for Elk River Pedestrian Bridge Operations $ 25,000 - 0.0% Aug-15 Dec-15 Request for Proposal for feasibility study to commence on this project by end of 3rd Quarter. GPR Analysis complete, next step is to determine whether the analysis provided sufficient data to delinate the Stork Cemetery Delineation of Boundary (Fencing) Operations $ 10,000 - 0.0% Jul-15 Oct-15 boundary of the Stork Cemetery such that a fence could be constructed. Mountview Neighbourhood - Paving Operations $ 1,044,163 $ 114,307 10.9% Jul-15 Sep-15 Paving underway in Mountview - 70% Complete 6th Avenue - Paving Operations $ 100,000 $ 9,251 9.3% Jul-15 Oct-15 Paving to begin in 2nd week of September A replcement mower valued at $23,900 is currently on order and quotations will be sought in the 3rd quarter for Mobile Equipment Operations $ 299,000 - 0.0% Jun-15 Dec-15 a new Backhoe. HR Contract - 1 year term Admin $ 40,000 - 0.0% Waiting on confirmation of participation from neighbouring communities. TOTAL GENERAL CAPITAL AND ONE-TIME PROJECTS $ 2,556,578 $ 409,606 $ 2,019,648

2015 ACTUAL WATER CAPITAL PROJECTS Dept % Spent PROJECT STATUS BUDGET SPENT

Oversize Watermain - Highway 3 to Cedars Development Water $ 25,000 $ 50,000 200.0% Mar-15 2014 Project Approved. Invoicing took place in 2015. Budget amendment needed to accommodate this Project planning commenced in 2012 and is currently awaiting final environmental approvals. 2015-2019 Five Year Financial Plan Bylaw No. 2279 adopted on May 11, 2015 anticipates funding this project with a combination of Federal Gas Tax Transfer Funds and City reserves. With the July 24, 2015 announcement that the City was James White Park Well Water $ 2,542,000 $ 92,969 3.7% May-15 2016 approved for a $1,652,516 grant through Canada's Small Community grant program for this project, the Gas Tax funds and a portion of the City reserves previous budgeted to be expended on this project can be redirected to allow the completion of other infrastructure upgrades. Given that environmental approval has yet to be received, it is anticipated that engineering will be completed in 2015 but constructioin will be deferred to 2016. Annual Galvanized Watermain Replacement Water $ 241,923 $ 33,699 13.9% Jul-15 Oct-15 Tender closed in July and the contract has been awarded. Construction is 40% Complete TOTAL WATER CAPITAL PROJECTS $ 2,808,923 $ 176,668 -

2015 ACTUAL SEWER CAPITAL PROJECTS Dept % Spent PROJECT STATUS BUDGET SPENT

This project has been deferred to 2016. Currently waiting on provincial approval of the Liquid Waste Management Sewer Master Plan Sewer $ 100,000 $ - 0.0% 2016 Plan (which recommended development of the Sewer Master Plan) and an integral component to developing the Design nearing completion; project is tender ready. Complications with BC Hydro Servicing upgrades are resulting Burma Road Lift Station Upgrade Sewer $ 325,000 $ 41,535 12.8% Apr-15 2016 in some delays. Construction may be delayed until 2016. Sewer Treatment Plant - Outfall Upgrade Sewer $ 1,500,000 $ 1,246,635 83.1% Mar-15 Oct-15 Project is currently 95% complete. Annual Rehabilitiatioin and Replacement Sewer $ 200,000 $ 12,967 6.5% Jul-15 Oct-15 Tender closed in July and the contract has been awarded. Construction is 40% complete.

Page 115 of 221 TOTAL SEWER CAPITAL PROJECTS $ 2,125,000 $ 1,301,137

TOTAL CAPITAL AND ONE-TIME PROJECTS $ 7,490,501 $ 1,887,411 25.2% STAFF REPORT Council

Date: September 8, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Bruce Lennox, Director of Planning Subject: Bylaw No. 2281 Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 Mathew Harold Bennett 761 – 8th Avenue

RECOMMENDATION:

That Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 be adopted.

PROPOSAL

Bylaw No. 2281 proposes to:

1. Rezone one 668.91 square metre lot legally described as Lot 4, Block 71, District Lot 4588, Kootenay District, Plan 734A from R1 – Single Family Residential to R1B – Single Detached Plus Residential. The rezoning would enable the landowner to renovate an existing accessory building to include a secondary detached dwelling unit in accordance with the applicable provisions of the Official Community Plan, the Zoning Bylaw and the Building Bylaw.

BACKGROUND:

The application submitted by Mathew Harold Bennett to amend Zoning Bylaw No. 1750 Lot 4, Block 71, District Lot 4588, Kootenay District, Plan 734A was approved by Council on July 27th, 2015. Council also gave first and second reading to Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 on July 27th, 2015 and referred it to a public hearing. The Public Hearing was held on August 24, 2015 beginning at 7:00 p.m. at City of Fernie City Hall. The notice of Public Hearing was posted on the City’s Public Notice Posting Places on August 6th, 2015 and was advertised in the August 13th, 2015 and the August 20th, 2015 issues of the Free Press newspaper. The Notice of Public Hearing was also mailed to registered owners within a 100 metre radius of the subject property on August 6th, 2015 and hand delivered to occupants on August 6th, 2015. Bylaw No. 2281 was read a third time on August 24th, 2015 and sent to the Ministry of Transportation and Infrastructure on August 25th , 2015. The Ministry of Transportation and Infrastructure approved the subject Bylaw on September 3rd, 2015.

Respectfully submitted,

Bruce Lennox, Director of Planning

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 116 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 117 of 221 Page 2

Zoning Bylaw No. 1750, Amendment Bylaw No. 177, Bylaw No. 2281, 2015

Adopted this _____ day of ______, ______.

______MAYOR GIULIANO

______CORPORATE OFFICER

I hereby certify the foregoing to be the original Bylaw No. 2281.

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 118 of 221 Page 3

Zoning Bylaw No. 1750, Amendment Bylaw No. 177, Bylaw No. 2281, 2015

Appendix “A”

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 119 of 221 STAFF REPORT Council

Date: August 20th, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Bruce Lennox, Director of Planning Subject: Bylaw No. 2281 Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 Mathew Harold Bennett 761 – 8th Avenue

RECOMMENDATION:

That Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 be read a third time and referred to the Ministry of Transportation and Infrastructure for approval.

PROPOSAL

Bylaw No. 2281 proposes to:

1. Rezone one 668.91 square metre lot legally described as Lot 4, Block 71, District Lot 4588, Kootenay District, Plan 734A from R1 – Single Family Residential to R1B – Single Detached Plus Residential. The rezoning would enable the landowner to renovate an existing accessory building to include a secondary detached dwelling unit in accordance with the applicable provisions of the Official Community Plan, the Zoning Bylaw and the Building Bylaw.

BACKGROUND:

The application submitted by Mathew Harold Bennett to amend Zoning Bylaw No. 1750 Lot 4, Block 71, District Lot 4588, Kootenay District, Plan 734A was approved by Council on July 27, 2015. Council also gave first and second reading to Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 on July 27th, 2015 and referred it to a public hearing. The Notice of Public Hearing to be held on August 24, 2015 beginning at 7:00 p.m. at City of Fernie City Hall was posted on the City’s Public Notice Posting Places and on August 6, 2015 and was advertised in the August 13, 2015 and the August 20, 2015 issues of the Free Press newspaper. The Notice of Public Hearing was also mailed to registered owners within a 100 metre radius of the subject property on August 6th, 2015 and hand delivered to occupants on August 6th, 2015. As of August 20th, 2015 no written correspondence has been received by the City.

Respectfully submitted,

Bruce Lennox, Director of Planning

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 120 of 221 STAFF REPORT Council

Date: July 22, 2015 To: Her Worship Mayor Giuliano and Members of Council From: Bruce Lennox, Director of Planning Subject: Bylaw No. 2281 Zoning Bylaw No. 1750, Amendment Bylaw No. 177, 2015 Mathew Harold Bennett 761 – 8th Avenue

RECOMMENDATIONS:

That Council:

1. Approve the application submitted by Mathew Bennett to amend Zoning Bylaw No. 1750 by rezoning Lot 4, Block 71, District Lot 4588, Kootenay District, Plan 734A from R1 – Single Family Residential to R1B – Single Detached Plus Residential; and

2. That Zoning Bylaw No. 1750, Amendment Bylaw No. 177, Bylaw No. 2281, 2015 be given first and second readings, and that Council schedule a public hearing.

PROPOSAL

Bylaw No. 2281 proposes to:

1. Rezone one 668.91 square metre lot legally described as Lot 4, Block 71, District Lot 4588, Kootenay District, Plan 734A from R1 – Single Family Residential to R1B – Single Detached Plus Residential. The rezoning would enable the landowner to renovate an existing accessory building to include a secondary detached dwelling unit in accordance with the applicable provisions of the Official Community Plan, the Zoning Bylaw and the Building Bylaw.

BACKGROUND

ZONING BYLAW NO. 1750

The subject Lot 4 is currently zoned R1 – Single Family Residential by Schedule A of Zoning Bylaw No. 1750. The request of the landowners to rezone Lot 4 from R1 – Single Family Residential to R1B – Single Detached Plus Residential is consistent with and supported by “Purpose” statement of the R1B zone outlined in Zoning Bylaw No. 1750:

The purpose of the R1B Zone is to provide for the development of single-detached residential units with the option of developing a secondary residential dwelling unit in the form of an attached or detached residential unit.

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 121 of 221 LOT INFORMATION

The subject Lot 4, civically known as 761 – 8th Avenue is a flat mid-block lot located on 700 block of 8th Avenue, and therefore is suitable for rezoning. The subject Lot 4 is not situated in the 1:200 year floodplain of the Elk River.

As delineated on attached aerial photography there is a single family dwelling unit and a detached accessory building currently located on the subject Lot 4. The detached accessory building would be renovated to include a secondary detached dwelling unit. Properties in the vicinity of Lot 4, as delineated on attached zoning map are as follows:

1. One 668.92 square metre R1-zoned lot abutting the north property line of the subject Lot 4. A single-family dwelling unit and accessory building is located on this lot.

2. One 668.92 square metre R1-zoned lot abutting the south property line of the subject Lot 4. A single-family dwelling unit is located on this lot.

3. One 668.92 square metre R1-zoned lot directly across 8th Avenue to the east of the subject Lot 4. A single-family dwelling unit is located on this lot.

4. One 668.92 square metre R1-zoned lot directly across the lane to the west of the subject Lot 4. This lot contains a single-family dwelling unit.

LAND USE APPLICATION PROCEDURES AND FEES BYLAW NO. 1706

Land Use Application Procedures and Fees Bylaw No. 1706 sets out procedures to amend the Zoning Bylaw. Under Section 6 of Bylaw No. 1706, Council has three options to consider:

1. Approving an application to amend Zoning Bylaw No. 1750 and proceeding with the amendment bylaw;

2. Denying the application or;

3. Requesting that the applicant provide additional information prior to making a decision.

Staff recommends Option 1 that Council approve the subject application to amend Zoning Bylaw No. 1750 and proceed with the amendment bylaw.

OFFICIAL COMMUNITY PLAN BYLAW NO. 2231

The subject Lot 4 is designated Residential Infill and Intensification by Schedule ‘B’, Land Use Designations, of the Official Community Plan (OCP). The OCP supports increasing housing opportunities and maximizing the utility of existing infrastructure in the Annex.

The request of the landowners to rezone the subject Lot 4 from R1 – Single Family Residential to R1B – Single Detached Plus Residential is consistent with and supported by the following policies contained in the City of Fernie Official Community Plan:

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 122 of 221 1-A Housing

1-A.1 Encourage a spectrum of residential dwelling types, locations and densities in order to accommodate various socio-economic groups, age groups, and lifestyles in Fernie.

1-A.4 Support Infill and redevelopment throughout the City, locating housing close to existing services, in accordance with each neighbourhood plan.

1-A.5 Encourage and support more diverse housing stock in each neighbourhood to meet priority need for seniors, low-income families, young families and people with disabilities.

1-A.7 Work towards increasing the overall density of housing in the existing urban area as a means to optimize the City’s investments in infrastructure and as a means to reduce service delivery costs.

9-A Managing Development – General Policies

9-A.1 Promote the efficient use of land, provide greater transportation choices, reduce public servicing costs and achieve environmental benefits through compact development.

9-A.2 Support the development of compact neighbourhoods that enable convenient and close access from home to an appropriate mix of jobs, shopping, amenities and daily needs.

9-A.3 Ensure the efficient use and financial viability of existing and planned investment in public infrastructure.

9-A.6 Promote and support development of a wide range of housing options for all income levels and needs.

FERNIE AFFORDABLE AND ATTAINABLE HOUSING STRATEGY

The request of the applicant to rezone the subject Lot 4 from R1 – Single Family Residential to R1B – Single Detached Plus Residential is consistent with and supported by the following Proposed Values and Action Items contained in the Fernie Affordable and Attainable Housing Strategy:

3.1 Foundational Values

 Fernie residents and prospective residents should be able to secure safe, appropriate housing that is affordable for their income level.

 Affordable, attainable housing is an essential community good. Within its jurisdiction, the City of Fernie will work towards an inclusive community that provides housing opportunities for people of all ages.

4.2 Role #2 – Establishing Regulations

 Action # 6 – Proactively review City zoning, subdivision and building bylaws to ensure regulations and standards are not a barrier to affordable housing development.

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 123 of 221

REFERRAL RESPONSES

The City of Fernie Engineering Department noted that the water service on the subject Lot 4 may need to be upsized due to an increase in fixture counts.

The City of Fernie Fire and Emergency Services Department had no concerns with the proposed rezoning application, although noted that access to the proposed secondary dwelling unit must be maintained during the winter months.

The City of Fernie Building Official reviewed the rezoning application and noted that the existing accessory building was constructed with building permits and that it is suitable for the development of a secondary detached dwelling unit.

Respectfully submitted,

Bruce Lennox, Director of Planning

11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 124 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 125 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 126 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 127 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 128 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 129 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 130 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 131 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 132 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 133 of 221 11.1 Bylaw No. 2281, cited as Zoning Bylaw No. 1750, Amendme... Page 134 of 221 I/1<%O

New Building Canada Fund — Small Communities Fund

MINISTRY OF TRANSPORTA TIONAND I F N'E 5C - 940 Blanshard Street, Victgri§?E?ZE

August 14, 2015 Cliff# 236684

Her Worship Mary Giuliano Mayor of the City of Fernie Box 190 Fernie, BC VOB lM0

Dear Mayor Giuliano:

Re: New Building Canada Fund - Small Communities Fund (NBCF-SCF) Project #N20l72 - ,|ames White Well Project

It is my pleasure to inform you that your application for funding under the New Building Canada

Fund — Small Communities Fund (NBCF-SCF) has been approved at a maximum federal/provincial contribution of $1,652,516.

Please ensure that all public information material for the approved project clearly and prominently indicates funding is provided from the NBCF-SCF.

The Province will require you to submit online periodic progress reports along with budget forecasting reports using the new online Local Government Information System. Details outlining this requirement will be sent to the project Contact shortly.

Claim form information along with final report requirements will soon be available on the website: www.gov.bc.ca/smallcommunitiesfund.

A contribution agreement will be sent to your Chief Administrative Officer.

Please note, it is your responsibility to obtain and comply with all necessary authorizations and/or permits as an ongoing condition of our funding.

If you have any questions regarding the above, please do not hesitate to contact Liam Edwards, Executive Director, Local Government Infrastructure and Finance Branch, Ministry of Community, Sport and Cultural Development, at 250-387-4060.

../2

BRITISH o COLUMBIA Canad'a'.

13.1 Letter from Ministry of Transportation re New Building ... Page 135 of 221 I wish you every success with your infrastructure project.

Yours truly,

Patrick C. Livolsi, P. Eng. Provincial Co—Chair,Oversight Committee, Small Communities Fund Assistant Deputy Minister Infrastructure and Major Projects Division

cc: Honourable Bill Bennett, MLA Kootenay East

Sean Nacey, Senior Manager Infrastructure Development Branch Ministry of Transportation and Infrastructure

Liam Edwards, Executive Director Local Government Infrastructure and Finance Branch Ministry of Community, Sport and Cultural Development

Dave Cockwell Director of Operational Services City of Fernie

13.1 Letter from Ministry of Transportation re New Building ... Page 136 of 221 ‘ . '''t/e'v._ ' Ge s Glance Mayor Mary Giuliano 43 Fernie City Box 190 Fernie, BC VOB IMO

Dear Mayor Mary Giuliano, CITYOF FERNW Re: Geoscience BC’s 10"‘Anniversar Dinner Tltursda October 8”‘2015——Invitation

On behalf of the Geoscience BC Board, it is my sincere pleasure to invite you to join us at Geoscience BC‘s 10”‘Anniversary Dinner on Thursday, October 8, 2015. The Dinner will be hosted in the Pan Pacific Hotel Oceanview Suites in Vancouver.

The 10"‘Anniversary Dinner will be a relaxed celebratory event that will integrate light historical anecdotes and highlight Geoscience BC’s incredible successes over our first decade of operations. Since 2005, we have established ourselves as a respected, independent organization delivering relevant and timely earth science in British Columbia. We expect 200 guests will join us for this important event, including First Nations leaders, MLAs, ministers and representatives from the mineral, mining and energy (natural gas) sectors. An invitation has also been extended to the Premier to attend this event as our guest of honour.

The creation of Geoscience BC 10 years ago was a milestone for the province. Our respected, independent work supports a strong economy, attracts investment and plays an important role in guiding land use decisions. We have relied heavily over the past decade on the strategic advice and support from municipal councils across British Columbia. We appreciate the importance of your ongoing support and look forward to your participation in the celebration of this milestone.

Date: Thursday, October 8"‘,2015

Time: 5:00 pm » lO:00 pm Guests: ~200 First Nation, Government & resource sector leaders Location: Oceanview Suites, Pan Pacific Hotel, Vancouver 999 Canada Place, Vancouver, B.C. Dress: Business Casual

As a non—profitorganization, we are unfortunately not able to offer complimentary tickets to this event. We appreciate your understanding ofthis limitation and hope you will considerjoining us for the celebration. To confirm your participation, please visit and register through the event webpage at http://www.g§osciencebc.com/s/GeoscienceBCDav.asp.

Sincerel

Robin Ar e in President and CEO Geoscience BC

cc: Hon. Rich Coleman, Minister of Natural Gas Development, Minister Responsiblefor Housing, and Deputy Premier Hon. Bill Bennett, Minister of Energy and Mines and Minister Responsible for Core Review Hon. Steve Thomson, Minister, Forests, Lands and Natural Resource Operations Suite 1101 — 750 West Fender Street Geoscience BC Board Vancouver BCV6C2T7 T6o4.662.4147| F6o4.662.4io7 geosciencebmcom

13.2 Invitation from Geoscience BC Page 137 of 221 W TOURISM NIB’

To: Mayor Giuliano, Council, and the City of Fernie

From: Tourism Fernie Board of Directors

RE: RMI Planning and RDS implementation

We, the Board of Directors of Tourism Femie, strongly believe that RMIfunding is an essential mechanism for bettering the quality of tourism infrastructure in Fernie. This funding can make a difference when we, as a community, differentiate ourselves in the intense and highly competitive tourism marketplace.

We, however, have concerns around the timing of the stakeholder engagement, the lack of committee meetings over the last couple years, and the unfocused way in which the City has spent RMIfunds.

We strongly believe that the City of Fernie, and the business and tourism related industries, need to come up with an overarching strategy and direction through which all RMIand RDS projects get filtered. Allrelated infrastructure and spending must be done with an eye to marketing Fernie as a destination for traveler dollars. In essence, we all need to be rowing in the same direction. Without such a plan, any monies spent willbe spent with no means of tracking an ROI, and with no long-term goal that everybody can focus on.

Sincerely, Tourism Fernie Board Directors,

yle Hamilton, Secretary

[email protected] | T: 250423 2037 BOX1928, 5423 2NDAVE, FERNIE,BC,VOB 1M0 I TOURISMFERNIECOM

13.3 2015-09-08 Letter from Tourism Fernie re RMI Funding Page 138 of 221 WORKSHOP: Regional Demographic Shifts

The Aging Kootenays: Exploring Impacts & Opportunities

The Association of Kootenay Boundary Local Governments and the Columbia Basin Rural Development Institute are partnering to offer a day long workshop exploring the implications of the Kootenay-Boundary’s aging population. This demographic shift will create new challenges and opportunities for our region. The workshop will bring together local government, education, health and seniors advocacy leaders to learn more about emerging opportunities and innovative solutions relevant to our rural region.

This workshop will explore: • demographics and related implications • economic development impacts • why we choose to live here and stay here • innovative solutions • regional response scenarios • next step actions for the Kootenay-Boundary

Date: Wednesday, October 7, 2015 Time: 9:30 a.m. - 3:30 p.m. Location: Warfield Community Hall, 900 Schofield Highway, Trail, BC Cost: $75 (includes lunch)

To register email [email protected] or call 250.365.1208. Registration is open for AKBLG members exclusively until September 7th.

13.4 Aging in the Kootenays Workshop Registration Reminder Page 139 of 221 Suzanne Garand

From: Mary Giuliano Sent: Tuesday, September 01, 2015 9:44 AM To: Suzanne Garand Subject: FW: Proposed Access Submissions for 2016/18 Hunting Synopsis Attachments: Access regulation proposals Table Submission 2016_psit.xlsx

Another info item, thank you

From: Martin, Doug FLNR:EX [mailto:[email protected]] Sent: Tuesday, August 25, 2015 9:54 AM To: 'Mike Sosnowski'; 'Dave McBeath'; Krebs, John A FLNR:EX Cc: Knapik, Mike B FLNR:EX; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; 'Johnson, Ian'; '[email protected]'; '[email protected]'; '[email protected]'; Mary Giuliano; 'Nancy Newhouse'; '[email protected]'; Freeze, Paul FLNR:IN; '[email protected]'; '[email protected]'; Phil Iddon; 'Randy Byford'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; XT:Elkford, District ENV:IN; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; 'John Bergenske'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; Rasmussen, Paul FLNR:EX; Burley, Patricia ENV:EX; Caravetta, Joe ENV:EX; Smith, Darrell R AGRI:EX; Edney, George A FLNR:EX; Cox, Lisa D FLNR:EX; Knapik, Mike B FLNR:EX; Stent, Patrick FLNR:EX Subject: RE: Proposed Access Submissions for 2016/18 Hunting Synopsis

Sorry everyone. It helps to attach the file

From: Martin, Doug FLNR:EX Sent: Tuesday, August 25, 2015 9:37 AM To: 'Mike Sosnowski'; Dave McBeath; Krebs, John A FLNR:EX Subject: RE: Proposed Access Regulation changes for 2016é17

Dear SRMAC member The Ministry of Forest Lands and Natural Resource is proposing a number of changes to our regional access management program for the 2016-2018 Hunting and Trapping Regulation Synopsis. Over the last decade the Kootenay Region has experienced a rapid increase in both resident and non resident motorised recreational use. The objective of the attached proposed changes is to reduce the impacts of motorized access on wildlife populations, habitats and sensitive ecosystems as well as to provide some diversity in hunting recreational opportunity. Although the SRMAC table has not formally met for some time, we feel that the broad representation of recreational interests at the table would be the best venue for public recreationalist consultation for these proposed ammendments . The attached table is a summary of the proposed regulatory changes that the Ministry will be submitting to Victoria for consideration this fall. An additional public consultation period will be provided for all proposed regulation changes once all regional submissions have been received. This generally occurs in November and December. Please distribute and discuss these with members of your sector. On September 29 , we will be hosting an informal SRMAC meeting in Sparwood ( venue to be announced) to discuss specific concerns and comments raised by the table sectors. We will also be accepting any comments from you or your sector prior to the meeting. We would appreciate it if any comments could be submitted by e-mail.

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13.5 Regional Access Management Program Min. Forest Lands & ... Page 140 of 221 If you require any additional information please advise me by e-mail and I will attempt to accommodate your request.

If you are no longer the SRMAC representative for your sector we would appreciate it if you could advise us of the proper contact information .

Thank you

J Doug Martin Senior Ecosystem Biologist.

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13.5 Regional Access Management Program Min. Forest Lands & ... Page 141 of 221 From: Martin, Doug FLNR:EX Sent: Tuesday, August 25, 2015 9:37 AM To: 'Mike Sosnowski'; Dave McBeath; Krebs, John A FLNR:EX Subject: RE: Proposed Access Regulation changes for 2016é17

Dear SRMAC member The Ministry of Forest Lands and Natural Resource is proposing a number of changes to our regional access management program for the 2016-2018 Hunting and Trapping Regulation Synopsis. Over the last decade the Kootenay Region has experienced a rapid increase in both resident and non resident motorised recreational use. The objective of the attached proposed changes is to reduce the impacts of motorized access on wildlife populations, habitats and sensitive ecosystems as well as to provide some diversity in hunting recreational opportunity. Although the SRMAC table has not formally met for some time, we feel that the broad representation of recreational interests at the table would be the best venue for public recreationalist consultation for these proposed ammendments . The attached table is a summary of the proposed regulatory changes that the Ministry will be submitting to Victoria for consideration this fall. An additional public consultation period will be provided for all proposed regulation changes once all regional submissions have been received. This generally occurs in November and December. Please distribute and discuss these with members of your sector. On September 29 , we will be hosting an informal SRMAC meeting in Sparwood ( venue to be announced) to discuss specific concerns and comments raised by the table sectors. We will also be accepting any comments from you or your sector prior to the meeting. We would appreciate it if any comments could be submitted by e-mail. If you require any additional information please advise me by e-mail and I will attempt to accommodate your request.

If you are no longer the SRMAC representative for your sector we would appreciate it if you could advise us of the proper contact information .

Thank you

J Doug Martin Senior Ecosystem Biologist.

13.5 Regional Access Management Program Min. Forest Lands & ... Page 142 of 221 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Combine the existing Brewer AMA East Kootenay Amend Over the past decade the area has Doug Creek MVAHC Closure and the been extensively developed as a Dutch Creek MVAHC closures result of forest operations. Both plus the Goldie Creek AMA into existing closures plus the proposed one AMA. Expand to include all expansion provide important fall area above the existing south range for elk, mule deer and whit- facing lands on the Dutch Creek tailed deer. Also important migration Drainage above (but not corridor for all species. The area is inclusive) of the Brewer/Dutch seeing an increased in hunting and Creek Road. 4-26 non hunting ATV traffic plus the construction of several unauthorized ATV trails.

Convert the existing Big Sand AMA East Kootenay Amend Area is receiving increased pressure Doug Creek MVAHC to an AMA. from non hunting ATV and off road Objective would be to maintain traffic. The area has also been seasonal access on the main identified as important huckleberry access into this closure but production for Grizzly bears. restrict access on all side Increased motorized access into these mineral exploration and forestry habitats is resulting in an increased roads. 4-22 recreational and commercial harvest of huckleberries. Increased motorised non-hunting recreational traffic is increasing the risk of disturbance and displacement of wildlife in important migration, and low to mid elevation winter range. Page 143 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 1 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Convert Lime and Iron Creek AMA East Kootenay Amend 6 stream crossings in Iron Creek Doug VAHC to AMA. Change boundary where vehicle use could damage to include west side of Lime habitat, vehicle access to Lime Creek Creek bridge. 4-22 VAHC requires crossing Bull River.

Convert Rusty & Deer Creek AMA West Kootenay Support AMA Protect the mule deer that stage Doug VAHC to AMA 4-15 along the ridge & are vulnerable to localized overharvest.

Convert Rialto Creek/Tulip AMA West Kootenay Amend - map Illegal trail building, constant Pat Creek VAHC to AMA. 4-15 needs revision enforcement issues. Reduce and disturbance and displacement to description in migrating mule deer and sheep. WMU section needs to be correct

Convert Cambridge, AMA West Kootenay Amend - map Area is threatened by heavy off-road Pat Sheppard/Malde/Tiger Creek needs revision vehicle use. Area is important mule VAHC to AMA. 4-09 and deer winter range, threatened by description in noxious weed invasion. WMU section needs to be more detailed Page 144 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 2 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Expand Haynes Tower/Swanson VAHC East Kootenay Amend Recent extensive logging and road Irene VAHC to include Harrison. 4-22 upgrades have occurred throughout the upper Bull River (west side). The majority of the area is within a motorized vehicle hunting closure except for the headwaters of the Bull River. This drainage has also been extensively logged recently allowing for very easy access into goat habitat. Amending the current MVHC to include the headwaters of the Bull River would move the northern boundary of this closure approximately 5 km straightline distance north. In 2014, we conducted a goat inventory in this area (Unit 4B) which indicated a 55% decline in the population of goats since the last inventory in 2004. Page 145 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 3 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Convert Leadville Creek VAHC AMA West Kootenay 1988 as VAHC - Road development into Leadville Doug to AMA 4-06 - Closure point on amend to Creek opened up access to areas that main road upstream of 8km AMA? supported deer and elk populations mark moving towards winter ranges (wildlife connectivity corridors). Caribou in area were considered vulnerable to mistaken harvest or poaching.

Convert Sanca VAHC to AMA. 4- AMA West Kootenay Amend - map Reduce displacement and disturbance Doug 06 needs revision of mule deer migrating to winter and ranges. Area has been heavily logged, description in increasing vulnerability of mule deer. WMU section Winter ranges are threatened by needs to be noxious weed invasion, spread by more detailed - vehicles. amend to AMA?

Ammend AMA in Alexander Crk AMA East Kootenay Amend Avoid winter disturbance of Bighorn Doug 4-23. Change the existing sheep on winter ranges. seasonal restriction on east slope of Alexander to restrict the use of motorized vehicles during winter months on identified mid to high elevation grass land winter ranges. Page 146 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 4 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Switch the Wigwam AMA 4-02 AMA East Kootenay Amend The current open road is extremely Doug from the west road to the east rough and involves 2 stream road crossings. This change will reduce conflict with residents and the guide- outfitter who required a permit to access cabins from the new road. Most valuable winter range is on the east side.

Amend Baynes Lake AMA. 4-22 AMA East Kootenay Amend Amend existing AMA to include the Irene sand island due to increased motorized use causing habitat loss and disturbance to nesting curlews and FN arch sites.

Create new AMA at Kindersley AMA East Kootenay New Motorized / mechanized use of lick. Irene mineral lick. 4-35?

Expand 9 Mile VAHC to include VAHC East Kootenay Amend New roads have increased access to Irene new roads off Mt. Glen. 4-24 Bighorn Sheep habitat. Wildfire has substantially increased sightability in area. Page 147 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 5 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Create Pend d'Oreille AMA. 4- AMA West Kootenay New There has been recent damage to Doug, Pat 08 conservation properties and illegal trail building throughout the valley. An extensive trail network and rough roads cross through this entire area. BCTS intends to start logging in the Limpid and Wallack drainages in the fall of 2015 which will create new roads as well as increase the quality of existing roads; this will increase hunting pressure on populations of ungulates; protection of GAR Order designations in the area (WHA and UWR); Prevention of increased high elevation habitat damage by ATV’s and ORV’s; protection of the high quality ungulate wintering habitat.

Ammend the Upper Elk Valley AMA East Kootenay Amend To exclude snowmobiles above a Irene/Peter AMA (Mt. Bleasdale). 4-23 certain elevation as new logging roads are providing access into goat and sheep winter range. Amend Galton AMA (close AMA East Kootenay Amend Increased vehicle access, sheep Doug roads lower down). 4-02 disturbance. Page 148 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 6 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend

Amend Broadwood/Wigwam AMA East Kootenay Amend The road corridor provides anglers Irene Flats closure to closed all year with access to remote stream habitat (currently open June 15 to July utilized by bull trout for staging during 15). 4-02 their spawning migration from the upper Kootenay River system. Bull Trout are vulnerable to exploitation during this time. An increase in poaching during the road opening over the last two years has been reported. It was recommended by the Kootenay Angling Management Plan Review Committee (KAMPRC) to close the road access year round. Given the status of bull trout as a listed species and the transboundary and regional importance of the Wigwam River bull trout population, additional conservation tools are valuable to ensure long term sustainability.

Expand Barnes LAKE AMA. 4- AMA East Kootenay Amend Difficult for COS to enforce currently. Doug 23 is in EK Buckworth-Corn Creek VAHC 4- AMA West Kootenay eliminate Corn To protect elk and staging mule deer, Doug 07 Crk 1996 VAHC reduce spread of invasive weeds from & create FSR into good UWR (John Gwillim Buckworth data). AMA Page 149 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 7 13.5 Regional Access Management Program Min. Forest Lands & ...

Proposed regulation change Type (proposed) Area New, remove Rationale Staff lead or amend Page 150 of 221

Copy of Access regulation proposals Table Submission 2016_psit 9/2/2015 8 BRITISH COLUMBIA

August 12, 2015

To: Lower Columbia, West Kootenay and East Kootenay watershedwater licence holders

Re: Low Water Advisory and Water Conservation Request

Many areas in Southeast BC are facing critical water shortages. The purpose of this letter is to request your participation in voluntary water usage reductions for the remainder of the dry season and to give you advance noti?cation of the potentialfor regulated restrictions on water licences should conditions worsen.

In response to continueddry conditionsand declining stream flows, the Province of British Columbia has declared Level 3 drought conditionsfor the Lower Columbia, West Kootenay and East Kootenay watersheds. Find theinformation bulletinsonline at: http2//www.Iivingwatersmart.ca/drought/advisorieshtml

The source of water for your water licencehas been identified as being within the Lower Columbia, West Kootenay or East Kootenay watersheds. We are asking licence holders to help water conservation efforts by voluntarily reducing their licenced allocated water use by 30%. Reducing all water use is important; especiallywhere licenced water use is not supportedby licenced storage. If your water licence includes a storage component, we encourage you to considernot diverting water for the purpose of storage at this time.

Many licensees have already prepared and have reduced consumption to deal with water supply shortages and low stream?ow conditionsthrough drought management plans, water conservation programs and voluntary reductions.

Water conservation is everyone’s responsibility. The documentsincluded with thisnotice providean overview of our areas recent climatic situation and water conservation information. Further information and regular situationalupdates can be found at the following websites: 0 Drought advisoriesand information bulletins: hltp://www.|ivingwatersmart.ca/drought/advisories.html 0 Drought information and drought maps by water basin: http://www.livingwatersmartcaldroughtl 0 Snowpack and water supply conditions: http://bcrfc.env.gov.bc.ca/bullctins/watersupply/currenthtm 0 Low stream?ow advisories:http://bcrfc.env.gov.bc.ca/Iow?ow/index.htm

Page 1 of 2

Ministry of Forests, Lands and Kootenay-Boundary MailingAddress: Telephone: 250 48‘)v8540 Natural Resource Operadons Water Management 205 Industrial Road G Facsimile:250 4898506 Cranbrook BC V1C 7G5 Website: w\vw.env.gov.bc.ca/\vsd

13.6 Low Water Advisory & Water Conservation Request Page 151 of 221 To: Lower Columbia, West Kootenay and East Kootenay watershed water licence holders

- lnforrnation and tips for ranchers and the agriculture industry: http://www.agf.gpv.bc.ca/resmgmgpublist/Water.htm#drotghl 0 lnfonnation regarding fish habitat protection and the FisheriesProtection Policy: Imp1//www.dfo-mpo.go.ca/pnw-ppe/nol/index—eng.hlml

If you have questions about drought or drought conditions, please contact Tara DeCourcy at [email protected].

Conserving water is everyone’s responsibility, even more so in times of water shortage. Thank you for your support.

Yours truly, //%/A’ Garth Wiggill - A/ RegionalExecutiveDirector Kootenay Boundary Region

/ka

Page 2 of 2

13.6 Low Water Advisory & Water Conservation Request Page 152 of 221 BRITISH CQPUMWA

LOW STREAM FLOW ADVISORY

KOOTENAY— COLUMBIA REGION CONSERVINGWATER IS EVERYONE’SRESPONSIBILITY

CURRENTWATER SUPPLIES required to ease these low flow conditions, but Rivers in Southeast BCare currently with the expected hot and dry weather in the experiencing low or very low stream flow current forecast for the Kootenay Columbia conditions for this time of year. For information region, we all must prepare in the eventthat on the Basin Map of Hydrologic Drought Levels the river levels continue to drop. and the drought classification regions with the For information on Low Streamflow Bulletins Kootenay Columbia watersheds, visit: and Advisories, visit: http://bcrfc.env.gov.bc.ca/lowflow/droughtmap.htm http://bcrfc.env.gov.bc.ca/lowflow/index.htm

why are we experiencing these low water IMPLICATIONS flows? The very low water flows we are experiencing This winter produced a below normal snowpack are affecting water supply in various regions; throughout much of our region, and we have this may extend to lower than normal lake and since experienced a dry, hot spring and reservoir levels, including reduced groundwater summer. Over the past 60 days, the levels. In some areas, fish and other aquatic precipitation in the Kootenay and Lower organisms are already being adversely affected. Columbia regions have ranged between below For long term implications and proactive ways 40% of normal up to 60% of normal. to move forward visit: Temperatures in this area from early April to http://cbt.org/newsroom/?view&vars=1&content=Mu|ti beginning of August have also been hotter than media&WebDoclD=3151 normal. The heat and sunshine has abundant DRINKINGWATER caused rapid evaporation of soil water and Low water levels can result in warmer water surface water, causing river levels to recede temperatures and an increase in the quicker than usual. concentrations of nutrients or contaminants, which can lead to poor waterquality. It is How low are water flows? critical to ensure that there is an alternate Many of the streams in the Lower Columbia, drinking water source, or contingency plan, West Kootenay and East Kootenay watersheds available for all communities. if you have an are at record low levels for this time of year and supply tested water quality now, the levels being experienced are normally alternate for you be better prepared if the need arises to expected 3 to 6 weeks from now. These will use that secondary supply in the future. Plan in streams usually experience their lowest flows of advance if disinfection or similar measures are the year in either late summer or during the likely to be necessary, and be prepared for winter months depending on the geographic more intensive monitoring if your supplies region when the demand on the water is less. Significant, prolonged and widespread rainfall is

13.6 Low Water Advisory & Water Conservation Request Page 153 of 221 LowStreamflowAdvisory - Kootenay Columbia regions Conserving Water is Everyone's Responsibility

experience low water levels. For information on season for many crops, and during the hottest the Provincial DrinkingWater Program, visit: and driest part of the summer. Without http://www2.gov.bc.ca/gov/content/environment/air- appropriate amounts of water, many crops will Iand-water/water/watehquality/drinking-water- be stressed. A single summer's low flows can quality/how-drinking-water-is-protected-in~bc have |ong—termimpacts on crops that take longer themselves, as FISHANDAQUATICECOSYSTEMS to establish such fruit deadly trees and grape vines. This, in turn, has the Low water levels in streams can be for ' potential to considerably economic fish. When water levels drop in rivers and affect prosperity supplies. To streams, fish and other aquatic life can be and food learn about improving irrigation efficiency stranded in small pools. Low water flows can and different strategies for managing during times also lead to higher water temperatures, which of reduced water availability, visit: increase stress and deaths in fish and other http://www2.gov.bc.ca/gov/content/industry/agriculture aquatic species. Low water can also expose -seafood/agricultural-land—and-environment/agriculture- physical barriers that prevent fish from reaching water/publications spawning grounds and may affect fish that have already been identified by the Species At Risk WHAT YOU NEEDTO DO Act as endangered species. Withdrawal of water for domestic, agricultural For information on fish and fish habitat visit: and industrial use contributes to low http://www.env.gov.bc.ca/w|d/fishhabitats/ streamflows. Reducing water use and carefully For information on angling closures visit: managing vulnerable water supplies will help http://www.env.gov.bc.ca/fw/fish/regulation5/ ensure that there is sufficient waterto last throughout the end of summer and autumn GROUNDWATER months. Ifyou share your water source with Groundwater and surface water are other licensees, you are encouraged to work fundamentally interconnected. It is often together, conserve and share your water and difficult to separate the two because they consider in-stream needs. "feed" each other. Aquifers are major sources of drinking and irrigation water. They also water Metering interact closely with streams, sometimes Water metering is an important tool which can discharging water into a stream or lake, and help us become moreaware of the amount of sometimes receiving water from that very water we use and need. Water meters provide stream or lake. it is because of this connection that immediate feedback as to whether your that groundwater must also be conserved in conservation measures are working and if more times of low water levels. For more information conservation is required. if available for your on groundwater visit: intake system, the Province strongly encourages http://www.env.gov.bc.ca/wsd/p|an;protect_sustain/gro undwater/library/faq_grdwater.htm| everyone to consider installing a water meter or any other device that monitors water usage. AGRICULTURE Many of the sources for irrigation water in British Columbia are surface water supplies that are snowme|t—fed and therefore at risk during low flows. Low flow conditions can limit the water available for irrigation duringthe growing

August 12, 2015 Page 2

13.6 Low Water Advisory & Water Conservation Request Page 154 of 221 Low streamflow Advisory - Kootenay Columbia regions Conserving Water is Everyone’s Responsibility

Water conservation tips include: NEXTSTEPS —> Checkfor leaks in infrastructure, pipes Given the extremely low stream flow conditions and hoses, and encourage other water in the Lower Columbia, West Kootenay and East users to do the same Kootenay water basins, local government and ——>Install meters, pressure gauges and water suppliers should implement water other devices to monitor use and check restrictions and examine which stage of these for system leaks restrictionis necessary at this time. They should —> Implement watering restrictions, and for also determine at what point it willbe home owners, promote watering only necessary to stop watering public parks, early in the morning, not during the gardens, medians and other similar areas. hottest point of the day, and on gardens on|y—not driveways, roads or sidewalks. The B.C. government is identifying the need to

—> For agricultural irrigation, implement an issue requests for water conservation and irrigation scheduling program using real- provide low streamflow advisories to local time weather data from sites such as governments, local water suppliers and key www.farmwest.com or www.farmzone.com stakeholders. if stream flows remain at or —> Improve water system efficiencies when below record levels, and if water conservation and wherever possible. measures are not effective, restrictions based priority water rights may be imposed. —> Educate large usersand your local on licence community on the supply system and Government may limit the number of, or the need for water conservation. impose restrictions on, new licences, regulate storage or place conditions on existing licences. —-> Implement drought response and water conservation plans. As conditions deteriorate, more extreme emergency measures may be necessary. —-> Communicate with your customers and community about low water levels and REGULARUPDATES what they can do to reduce water status stream low streamflow waste. The of flow and bulletins and advisories in the province are provided on the River Forecast Centre website: Visit www.livingwatersmart.ca for more http://bcrfc.env.gov.bc.ca/ conservation tips.

Resource information on drought can be found at: http://www.livingwatersmart.ca/drought/

e August 12,2015 Page 3

13.6 Low Water Advisory & Water Conservation Request Page 155 of 221 13.6 Low Water Advisory & Water Conservation Request Page 156 of 221 Sheryl Zral

From: Mary Giuliano Sent: Saturday, August 29, 2015 10:32 AM To: Sheryl Zral Subject: FW: Study Tour follow-up Attachments: LTR-CISAL-Thank you-Giuliano-150820.pdf; RPT - CISAL. Study Tour report 150826.docx; Study Tour to Canada 150818_BC.docx; Fernie. CISAL FRM-IK Form 150709.xlsx

For the next agenda info item please

tiFrom: Suzanne Belliveau [mailto:[email protected]] Sent: August-26-15 12:37 PM To: Mary Giuliano Cc: Jim Hendricks Subject: Study Tour follow-up

Dear Mayor Giuliano,

I hope this email finds you well. As a follow-up to the CISAL Study Tour, I am pleased to share with you a Thank You letter from FCM International’s Director. We very much appreciated the participation of Fernie in the workshop to make our study tour a success.

For your interest, I would also like to share with you the report from the whole study tour, which highlights the learnings from the various workshops, meetings, and visit to the Elk Valley region. I am also sending you a more concise article that we will soon be posting on our website with a few pictures from our workshop in Elkford. Please feel free to use the article in your own communication locally, whether on your website or social media, and if there are any pictures that you would like at a higher resolution, I would be happy to share them. You may find some tips about communicating about the City’s involvement in the international program in this toolkit: http://www.fcm.ca/Documents/tools/International/Engaging_Your_Community_in_International_Projects_EN.pdf

Finally, we would really like to demonstrate Fernie’s participation in the study tour, recognizing that several people in the municipality were involved in the workshop. FCM’s value added in international programming is drawing on the expert resources from municipalities, and we would like to show this in-kind contribution to the donor. I am sending you the In-Kind form, partially completed, but please review and have it signed by yourself or another participant.

We hope to count on Fernie’s continued interest and support in the program, and I would be happy to provide any additional information you would like.

Sincerely, Suzanne

Suzanne Belliveau

Program Manager, CISAL | FCM International Gestionnaire de programme, CISAL | FCM International T. 613-907-6221

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13.7 CISAL (Sustainable & Inclusive Communities in Latin Ame... Page 157 of 221

August 26, 2015

Her Worship Mayor Mary Giuliano City of Fernie City Hall 501-3rd Ave., Box 190 Fernie, B.C., V0B 1M0

Dear Mayor Giuliano: On behalf of FCM International, we would like to thank you and your team in the City of Fernie for participating in the first Study Tour of the CISAL program (Sustainable and Inclusive Communities in Latin America). CISAL is a five-year program that aims to strengthen local governments working with the mining sector in Peru and Colombia. FCM has recognized that many Canadian municipalities have a long history of mining and have experience in managing the impacts of resource development, while leading processes to achieve economic diversification, environmental sustainable and the long-term well-being of their community. Through CISAL, we aim to capitalize on these experiences and foster spaces for mutual learning between municipal experts, such as the Study Tour that was organized last June. The success of the program hinges on the participation of municipalities and municipal experts, such as yourself, and we greatly appreciate your collaboration. The Study Tour participants were very satisfied with the experience, having learned from Fernie and neighbouring communities, and would like to also relay their gratitude. In annex, you will find the final report from the Study Tour and a brief article that can be found on the FCM website. Thank you again for your valuable contributions and ongoing support of FCM International. We hope to count on your continued involvement in the program. Should you require more information, please do not hesitate to contact Suzanne Belliveau, Program Manager, CISAL at [email protected]. Sincerely,

Sébastien Hamel Director, FCM International

13.7 CISAL (Sustainable & Inclusive Communities in Latin Ame... Page 158 of 221

CISAL Study Tour 2015

May 31 - June 11

British Columbia – Alberta – Ontario

Photo: The representative of Teck Resources shows the CISAL delegation the operations at Fording River Mine

13.7 CISAL (Sustainable & Inclusive Communities in Latin Ame... Page 159 of 221 2

Table of Contents Study Tour at a Glance ...... 3 1. Introduction ...... 4 2. Summary of the Study Tour ...... 5 Mining and municipalities in British Columbia ...... 5 FCM Annual Conference and General Meeting in Edmonton, Alberta ...... 6 Program Steering Committee and other meetings in Ottawa ...... 7 3. Highlights of Learning from the Study Tour ...... 8 Context and Legal Frameworks ...... 8 Local Economic Development ...... 12 Local Government Associations ...... 15 Cross- cutting themes: Environment and Aboriginal groups ...... 17 Other ...... 21 4. Participant Evaluations ...... 22 5. Lessons Learned ...... 24 6. Conclusions ...... 25 7. Recommendations ...... 27 ANNEX 1: List of participants ...... 29 ANNEX 2: Agenda of the Study Tour ...... 30 ANNEX 3: Vancouver workshop agenda ...... 31 ANNEX 4: Agenda for workshop in Elkford ...... 33

Photo: The CISAL delegation from Colombia and Peru at a workshop in Vancouver together with Garth Frizzell, City Councillor of Prince George Sabrina Mtodzianowska of CIRDI, and Gary MacIsaac of UBCM

13.7 CISAL (Sustainable & Inclusive Communities in Latin Ame... Page 160 of 221 3

Study Tour at a Glance Quick facts from the Study Tour

Item Number Details Number of Colombian and Peruvian 8 male 4 LGA representatives participants on the Study Tour 2 female 3 Federal government representatives 2 CISAL national staff Number of Canadian municipalities involved in 5 Kimberley, Elkford, Sparwood, the Study Tour Fernie, Regional District A Number of Canadian elected officials and 12 male 4 Mayors municipal staff participating 5 female 7 Councillors 6 Staff Number of Canadian volunteer hours to 146 hours organize the Study Tour Number of participants from other sectors and 18 male 6 Federal government orders of government participating in the 13 female 4 Provincial government Study Tour and Program Steering Committee 3 Academia meeting 3 Mining sector 7 FCM staff 2 DFATD representatives 1 National Aboriginal organization Percent of participants that identified learnings 8/9 Only one participant did not that could be adapted to their context or (89%) submit a written evaluation where they would like to receive technical assistance

Photo: The CISAL delegation from Colombia and Peru get a tour of the Sullivan Mine Powerhouse, Kimberley

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1. Introduction The Sustainable and Inclusive Communities in Latin America (CISAL) Program implemented by the Federation of Canadian Municipalities (FCM) is a $20.5 million five- year regional initiative (2014-2019) to strengthen the capacity of local governments in Colombia and Peru to successfully manage the impacts and benefits from mining development and to promote sustainable economic growth for women and men in Latin America. To achieve this, CISAL applies a peer-to-peer capacity building approach drawing on the human resources from municipalities in Canada that have experience working with the mining sector. As a first step in the capacity building process, a Study Tour to Canada was organized for the key program partners in Colombia and Peru. It was a high-level mission, inviting the Executive Directors of the partner Local Government Associations, as well as representatives from the national governments of Peru and Colombia – the Ministry of Mines and Energy in Peru and the Ministry of Environment and Sustainable Development in Colombia – that form part of CISAL’s Program Steering Committee (see Participant List in Annex 1). The overall objective of the mission was to build the relationship between FCM, program partners, and Canadian municipalities and to increase understanding and generate the political buy-in of the CISAL program early in the initiative. The three specific objectives include:

1. To increase understanding among the program partners and stakeholders about the mining and municipal context in Canada, as well as Colombia and Peru, and to identify the potential areas of technical assistance that could be provided throughout program implementation; 2. To increase the understanding among the Colombian and Peruvian partners about FCM, its members and its governance structure to identify capacity building opportunities between LGAs; and, 3. To hold the first Program Steering Committee (PSC) meeting to review and approve the CISAL Program Implementation Plan (PIP), the Annual Work Plan (AWP) 2015-2016, and the Annual Report for 2014-15. To achieve these objectives, the Study Tour brought participants to three provinces in Canada. The mission started in British Columbia holding a workshop with a range of stakeholders to discuss mining and local development, followed by a field visit to a mining region in the Elk Valley. The mission continued to Edmonton, Alberta to participate in FCM’s Annual Conference and General Meeting. Finally, the mission ended in Ottawa to hold the PSC meeting with members of the Department of Foreign Affairs, Trade and Development (DFATD) and hold additional meetings with representatives from the national government and other program stakeholders. The agenda for the mission can be found in Annex 2. This report summarizes some of the highlights and

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learnings from the Study Tour and is intended for internal use and for all of the people who contributed to and participated in the Study Tour.

2. Summary of the Study Tour

Mining and municipalities in British Columbia A workshop was organized in British Columbia with the support of the Canadian International Resources and Development Institute (CIRDI). The workshop brought together representatives from the provincial government (Ministry of Energy and Mines, Ministry of Aboriginal Relations and Reconciliation), the municipal sector (Union of BC Municipalities), the academic sector (University of BC & SFU), the mining sector (Teck Resources), and the study tour participants to discuss mining and local development in Canada, Colombia and Peru. The main topics discussed were the permitting and royalties system in each of the countries, the role of municipalities and the mining sector in promoting local economic development, the engagement of indigenous groups in the consultation process and with benefit sharing agreements, and the contribution of the academic sector in this field. The learnings from the workshop can be found in section 3.

The Study Tour continued to the Elk Valley region to the city of Kimberley. Kimberley is a small city that began as a mining camp to support mining operations. The Sullivan Mine was in operation for over 100 years, and in 1999 announced it closure. The city has implemented strategies to diversify its economy into tourism to remain sustainable after the mine closed, including a rebranding of the city to a Bavarian Mountain theme and promoting the high quality of life and diverse recreational opportunities. The former mine is now also transformed to promote tourism. The City of Kimberley described the transformation to study tour participants. Then were taken to a railway line entering the former underground mine where the tour guide provided a full explanation of mining operations in the valley. The City of Kimberley also organized a visit to the Sun Mine under development, which is transforming part of the old mine site into a field of sun panels that will generate electricity for the municipality that will be sold to

Photo: Kevin Wilson, Economic Development Officer of the City of Kimberley shows the CISAL delegation the city’s branding strategy as a Bavarian town

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the state owned electricity company, BC Hydro. This initiative was supported by FCM’s Green Municipal Fund.

The following day the tour continued to Elkford. Representatives from the neighbouring communities of Sparwood, Fernie, the Regional (rural) District A, and members of Teck Resources came together in a workshop. The municipalities shared their stories of the history of mining in the communities and their efforts to diversify the economy. They shared the good practice of negotiating a Tax Sharing Agreement with the province and mining company to receive additional revenue for their municipal budgets. Teck shared its experience of coordinating with the First Nations groups in the area and creating the Cumulative Effects Management Framework or working group. Representatives from Colombia and Peru also shared the context of municipalities and the challenges they face in their respective countries working with the mining sector. The workshop was followed by a visit to the Fording River Mine with representatives from Teck.

FCM Annual Conference and General Meeting in Edmonton, Alberta The participants were invited to FCM’s Annual Conference and General Meeting in the neighbouring province of Alberta, in Edmonton, the provincial capital. It began with a meeting with other FCM International delegations for an “FCM 101” to better understand how Canadian municipalities are organized and how FCM operates. The main purpose of the attendance in the AGM was for participants to have a greater understanding of FCM, how it is organized, how it does advocacy with the Federal Government, and how it elects its President and board members. Study Tour participants saw the keynote addresses where leaders of the federal political parties addressed over a thousand municipal leaders. They heard some of the issues that municipalities are facing, including infrastructure, housing, and the troubled history with First Nations and the steps that are being taken to reconcile the relationship with Canadian Aboriginal Peoples. They participated in a Policy Marketplace, where members had discussions on the challenges

Photo: Alfonso Velasquez Tuesta, Executive President of Sierra Exportadora Peru, speaks with Minister Ed Fast and Roger Anderson, Chair of the Regional Municipality of Durham, ON at FCM’s Annual General Meeting

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relating to environment, infrastructure, women in politics, rural development, and socio- economic local development.

Special sessions were also organized for the participants, including a CEO’s Reception, inviting the delegations from all FCM International programs. At the reception, Minister for International Trade, Ed Fast addressed the group, speaking of the advances and priorities relating to development and trade. The President of FCM, Brad Woodside, expressed the profound impact that his international work, and particularly the visit to Colombia and Peru, has had on him personally. FCMI also arranged a workshop on Democratic Governance, in which the Executive Director of FColM was invited to speak about democratic governance in Colombia. A CISAL Meet & Greet was organized to invite Canadian elected to officials to meet the delegation, listen to the context of municipalities and mining in Colombia and Peru, and receive information on how to participate in the program. Finally, a session was also organized with the FCM team working on the CEDI program – Community Economic Development Initiatives – that brings together First Nations and municipalities, and its partners Cando and the Department of Aboriginal Affairs and Northern Development Canada to discuss the context of Aboriginal peoples in Canada and their relationship with municipalities.

Photo: FCM’s Brock Carlton, CEO, and Brad Woodside, Past President, sign an MoU with the Federation of Colombian Municipalities represented by Gilberto Toro, Executive Director and Marcella Jaramillo, Director of the Technical Management Program Steering Committee and other meetings in Ottawa The Study Tour ended in Ottawa in order to hold the first Program Steering Committee (PSC) of the Initiative. The meeting was attended by representatives of DFATD, the Director of FCMI, the Deputy CEO of FCM, and the FCM Steering Committee on International Relations (SCIR) Governance Representative of the program. The PSC meeting had the objective of establishing itself formally, reviewing and approving several key documents: the Terms of Reference for the PSC, the Program Implementation Plan (PIP), the AWP and the Annual Narrative Report. The CISAL Program Director and team presented the summary of these documents, as well as the

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strategy for gender, inclusion and environment, and the budget. There was a lot of discussion between the members, with some adjustments requested to the PIP. All documents were approved in principle. For more information, see the minutes of the PSC meeting in a separate report.

In addition to the PSC meeting, the topics of environmental management and transparency were touched upon through meetings with representatives from Natural Resources Canada, Environment Canada, the Canadian Environmental Assessment Agency, and the Federal Office for Corporate Social Responsibility, as well as Publish What you Pay and FCM’s Green Municipal Fund.

3. Highlights of Learning from the Study Tour The Study Tour was designed around specific learning objectives that would give participants a broad knowledge on the context of mining and municipalities in Canada in order to identify areas for potential technical assistance. However, the Tour also facilitated an exchange between Colombia, Peru and Canada and a comparison the different contexts. This section will summarize some of the information received in the various discussions and the main learnings identified by participants in the evaluations.

Context and Legal Frameworks During the workshop in Vancouver, participants most appreciated the comparison of the contexts, permitting processes and taxation systems between Canada, Peru, and Colombia. The learning that they found most interested or surprising were that the decentralization of authority and government competencies in Canada to the provincial governments, the roles and responsibilities of different orders of government on mining development, and the decentralized distribution of mining royalties to municipalities in Peru. Garth Frizzell, Councillor of Prince George recognized that “Tax sharing is better in Peru than British Columbia”.

Canada

In Canada the provincial government is responsible for resource development and land-use decision-making,

Photo: Gary MacIsaac, Executive Director of UBCM explains the municipal context in British Columbia to CISAL Delegation

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the federal government is responsible for resource development in the northern territories and relations with Aboriginal Peoples, and there are shared responsibilities relating to economic development, environmental protection and health and safety. Each province has its own legislation, and so there are 13 different sets of legislation. In the case of British Columbia, mining is a significant economic activity. There are 15 mines that are in operation and the main products based on their value are: coal, copper, gold, and other metals. BC generated 7 billion in mineral production, which represents 3 % of GDP and the sector employs more than 30,000 people.

In terms of the permitting process, the following points were highlighted by Jamie Disbrow of the Ministry of Mines and Energy:

- Mining projects in BC are regulated under the Mines Act, and the Health and Safety and Reclamation Act. The Environmental Assessment Act defines the size of projects that will be subject to an Environmental Assessment Process. - The Ministry of Energy and Mines and the Ministry of Environment are involved in the permitting process. The decision maker is the Chief Inspector of Mines who has two areas of responsibility: permitting and the health and safety of workers. - The permitting processes begin at establishing tenure and granted through a mineral licensing program. A person can stake a claim for mineral titles online by outlining an area of a potential mineral deposit first. Later, the company submits a Notice of Work for exploration. - If the company wants to proceed to development there is an approval and consultation process. There is First Nations consultation and public review, where the referrals are presented to residents and local governments. - It takes up to a year for the permitting process; this is after the environmental assessment process (180 days).

Regarding the taxation system in British Columbia, Jon Kittmar of the Ministry of Mines and Energy noted that an operator of a producing mine must pay one of two taxes depending on the phase of operation:

- Net Current Proceeds Tax: 2% of operating cash flow, paid every year until the operator recovers capital investment and mine starts earning positive net revenue - Net Revenue Tax: Equals 13% of net revenue and is paid in years where capital costs have been fully recovered and the mining operation is making positive net revenue.

The mineral tax has generated $1 billion in revenue for the provincial government and encourages the development of new mines by charging a lower royalty at the beginning.

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However, it is subject to commodity price fluctuations and can be administratively challenging because the companies file their return on fair market value.

These taxes go to the Province and are not directly distributed to municipalities, even though the municipalities often have increased pressures on municipal services and wear on infrastructure from having the mine nearby. This is why in the Elk Valley region, where there are 5 mines in operation, they have negotiated the Elk Valley Tax Agreement. There are approximately 12,000 residents in the Elk Valley distributed between Elkford, Sparwood, and Fernie. In order to negotiate the tax agreement, these municipalities, the Regional District A, the provincial government and the mining company came together. The municipal boundaries were redrawn so that mines were included in the boundary and would pay a municipal property tax. The agreement that was drafted ensured that there was certainty for the mining company and the municipalities about the amount of tax that would be paid. Initially it was a fixed rate negotiated that began at 16,000 CAD/year and increased to 500,000 CAD/year. In 2007, a long-term, 25-year agreement was re-negotiated and signed; the value of the tax is based on a formula; and will go up with the lesser of the increase Consumer Price Index or the average residential tax increase.

Peru

Mining is a significant contributor to the national economy; it is in first place in the world for gold production and second for silver. In Peru there are three classifications of mining –

1) large and medium scale mining of more than 2,000 hectares, which is under the jurisdiction of the Ministry of Energy and Mines;

2) Small-scale mining of up to 2,000 hectares;

3) Artisanal mining, up to 1000 hectares

and a small productive capacity. The Photo: Fernando Castillo Torres, Director General of Social latter two are under the jurisdiction of Management , Ministry of Energy and Mines Peru, speaks about the context of mining and royalties in Peru the regional government.

With regards to the permitting process, to receive a mining concession, the company fills out a form that indicates the coordinates. The company must wait for a Concession

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Title before initiating mining activity. Mining titles are classified as metallic or non- metallic. A concession is not given without the permission of the owner of the land/topsoil.

There are currently 49,287 concessions that are titled, representing 21 million hectares of land; there is an additional 11 million hectares of land that is in concession and in process of obtaining title.

In Peru, the royalties that are paid are referred to as the Regalía Minera, which is the remuneration paid to the State by those that have mining titles or concessions. The Regalía is calculated every three months, with a monthly distribution to the municipalities and regional governments where mining occurs. The tax rate is between 1 and 12% depending on the phase of operation; at 100% operation, the operators pay 12% tax rate. The tax is then redistributed to local and regional (departmental) governments; 80% goes to local governments, 15% to regional governments, and 5% to Universities. Of the tax going to local governments, 20% goes directly to district municipalities where the minerals are produced, 20% to the provincial municipalities where the mineral is produced, and the 40% to the municipalities in the department but that are not directly in the area of influence of the mineral production.

Colombia

In Colombia there are two main forms of mining that co-exist: formal mining and illegal mining. Within the latter category there are two types: 1) traditional mining, which includes artisanal and small-scale mining by those who do not have a mining title and 2) mineral extraction that is associated with criminal activities. Of the 14,357 identified “mining production units”, 63% do not have a mining title, and 72% of these are small- scale miners. In terms of formal mining, the main type of mineral extracted is precious

Photo: Luis Alfonso Sierra Castro, Coordinator of Land Use Planning, Ministry of Environment and Sustainable Development Colombia speaks about mining and the environment in Colombia

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metals like gold and silver (37%), coal (25%), and construction materials (10%). The country of origin of the mining companies include Canada in first place (43%), followed by South Africa (30%); Colombian companies make up only 4% of the total.

The Ministry of Environment and Sustainable Development is in charge of the overall territorial land use planning. Law 99, in which the former Ministry of the Environment was created, is about sustainable development, and aiming to guarantee the conservation of ecosystems and the environmental sustainability of productive activities, including mining. According to Law 388, the municipalities are responsible for the land use planning in their jurisdiction, and the use, transformation and occupation of the land in accordance with environmental strategies and cultural traditions. Finally, Law 685 gives the private sector the right to explore and exploit a mineral deposit at its own risk, through a concession contract. The zones that are excluded from that right are national and regional parks, forest reserves, wetlands and “paramos” (moors), and restricted areas are Indigenous and Afro-Colombian territories. Municipalities, however, cannot declare any zones as excluded from mining.

These laws are important to the context, because there are conflicts between orders of government and the decisions at national level and the local level with respect to mining. The State has the right to the subsoil and it is the Ministry of Mines and Energy that gives titles to mining companies. There is no consultation process required prior to giving out the title. Generally, the local population is opposed to mining and when there is a vote, the population is largely against the mining project. Colombia is among the world’s richest countries in biodiversity, with a high percentage of its territory defined as protected areas, and indigenous territories. However, Colombia has a history of armed conflict which affects large territories that coincide with many of the zones that are rich in natural resources or protected areas. Despite the diverse landscape, there are currently 9,500 titles in different phases of the mining cycle covering an area of approximately 6 million hectares, and another 19,000 requests for titles are under review.

Local Economic Development

“For local governments, the main message is that even though there is potential to benefit for mining over many years and receive tax money, the local elected officials have to think about alternative economic vocations (tourism or other) so that the institutional capacity of the local governments, its budget and projects do not depend only on the royalties from extraction.”

- Luis Alfonso Sierra, Colombian Ministry of the Environment and Sustainable Development

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Participants of the Study Tour were very satisfied with the visit to a mining region in Canada to see first-hand how municipalities have responded to challenges and opportunities from mining activity. In the words of Alfonso Velasquez Tuesta, Executive President of Peru’s Sierra Exportadora, “Undoubtedly the trip was fantastic; it would normally be difficult to get to the spaces and territories that we visited and enjoyed… and getting to know mining regions that are now tourist areas, and the largest coal mine in British Columbia.”

One of the most common learning points noted by participants was the strong relationship that the municipalities have with the mining companies, something that is not typically seen in Colombia and Peru. The constructive relationship and dialogue has facilitated local economic development with a vision of sustainability, to be viable after the mine closes, and to be attractive to the workforce to stay and live while in operation. It was noted that achieving this sustainability can be done through Corporate Social Responsibility, thinking of it not as philanthropy but as a shared value. Luis Alfonso Sierra of the Colombia Ministry of Environment and Sustainable Development stated “For local governments, the main message is that even though there is potential to benefit for mining over many years and receive tax money, the local elected officials have to think about alternative economic vocations (tourism or other) so that the institutional capacity of the local governments, its budget and projects do not depend only on the royalties from extraction.”

During the workshop in Elkford, the mayors and other representatives of the municipalities of If it wasn’t for coal mining Elkford, Sparwood and Fernie shared their and the work that they did community’s histories and long-term visions. early on, we wouldn’t be a Mayor MacDougall of Sparwood noted that “if it wasn’t for coal mining and the work that they did small community; we would early on, we wouldn’t be a small community; we not be here. It was the coal would not be here. It was the coal mines that mines that built our built our communities and that build the Elk communities and that build Valley region.” Although the communities were the Elk Valley region. created because of mining, they want to stay Photo: Dean McKerracher, Mayor of Elkford, chairs viable with or without the mines. Mayor Mary the workshop in Elkford with the CISAL delegation, Giuliano of Fernie described their strategy of the District of Sparwood, the City of Fernie, the Regional District of the Kootenays, and Teck Resources

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diversifying into tourism. Fernie is a destination for skiing, biking, golfing, and outdoor recreation in general. This makes it attractive both for those that work at the mine and a wider population looking for a high quality of living. They are also looking into getting a college campus in the municipality to offer a more sustainable future for a diverse population.

In Elkford, the focus is also on making the community attractive so that workers choose to reside in the community with their families. To do this, they recognize that they need to ensure adequate municipal services, recreational opportunities, accommodations and diverse job opportunities. The taxes received in the Elk Valley Tax Sharing Agreement have gone towards investments in infrastructure upgrades, such as a) fire services to ensure that there is full coverage in the Elk Valley, b) skating rinks and pools to ensure recreational opportunities for residents , and c) senior’s housing. The municipality’s dialogue with the mining company, Teck, has reinforced the message of the need for a good place for the workers to live and the Company has since donated 1 million dollars towards the Trans Canada Trail, a local golf course, and medical equipment for the local medical clinic.

The visit to Kimberley, which showed an example of a how a community can continue to be strong economically following a mine closure, was also highlighted by several participants as one of the most interesting learning points. The participants saw the transformation of the city into a Bavarian town to attract tourism, the transformation of an old mine site into a tourist attraction and museum, and the recuperation of a mine site into a field of solar panels, generating energy and resources for the community. The

Photo: Scott Sommerville, CAO of the City of Kimberley shows the CISAL Delegation the Sun Mine at the former site of Sullivan Mine

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development of the “sun mine” was made possible with financing from Teck as part of its CSR program, as well as through FCM’s national programs that support the recovery of brownfield sites. Alfonso Velasquez described the learning point: “In Kimberley, a city that used to live off the mine and then lost many jobs when the mine closed, but was able to maintain a policy for recovering the land and the mining company had the commitment to recover these spaces, and even invest in solar energy – this is a gratifying experience showing how with good dialogue one can achieve agreements that improve the quality of life of the neighbours.”

In addition to the Canadian examples, the Executive President of Peru’s Sierra Exportadora shared the program being developed in Peru called “Productive Mayor”. The program aims to empower municipalities and mayors as leaders of local development. The program helps the municipalities examine market trends on demand and consumption, as well as current production and competitive advantages, to identify products and programs that can be rolled out at the local level. One example is the production of various berries, which have a different harvest time than in northern countries that produce berries, which then gives them a niche in the export market. The program also supports municipalities to develop roundtables on economic development to strengthen their role in the promotion of local production.

The Canadian elected officials who heard of the Productive Mayor program were interested and see the potential to learn from the experience. In general, the Canadian participants were very keen to know more of the Colombian and Peruvian contexts and recognize the potential for mutual learning. Curtis Helgesen, CAO of Elkford states The most interesting part of the experience so far has been to slowly understand the governance aspects and differences – I think this will continue to be the biggest component of obtaining an understanding of how governance is structured in Peru and Colombia, and how we can then correlate provincial and federal opportunities and challenges here in Canada, to what would be meaningful and beneficial for our counterparts in Latin America.” It was really interesting to know the way in which FCM operates, Local Government Associations the weight of the decisions of the The most common learning identified by municipal order of government and nearly all of the participants was about its influence at a national scale. the strength of FCM as an institution, which was observed at the Annual - Diana Pombo, CISAL Colombia General Meeting (AGM) in Edmonton. “It Manager was really interesting to know the way in which FCM operates, the weight of the decisions of the municipal order of government and its influence at a national scale”, says Diana Pombo, the CISAL Manager in

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Colombia. At the AGM participants saw the scale of the membership of FCM, with over 2,000 elected officials participating, and how this allows FCM to speak on behalf of municipalities from across the country with a single voice, a lesson that was particularly resounding to the Peruvian LGA representatives. They also saw the political weight of the institution through its ability to convene the main federal party leaders deliver keynote speeches to municipal leaders, during this important federal election year. The AGM also served to show how FCM is organized and how the President and board members are elected. This was identified as a possible area of capacity building and support for our partner LGAs.

The participants were also able to see the wider reach of FCM’s international programs, meeting

Photo: Eduardo Carhuaricra, General Manager of the Association of delegations from Ukraine and the Municipalities of Peru (AMPE), and Gilberto Toro of the Federation of Caribbean. While there was little Colombian Municipalities participate in a discussion on rural municipalities at FCM’s Annual General Meeting space for sharing lessons and experiences between the delegations, the impact and appreciation of the work that FCM is doing abroad was well- noted. The speeches by President Brad Woodside increased visibility to CISAL and FCM’s international work in general, recounting the impact that his experience in Colombia had on him noting the scroll of names of hundreds of mayors who have been murdered as a result of the political and criminal violence that has been a predominant contextual feature in that country for four decades. The CISAL delegation also met with representatives from several mining communities across the country in a Meet & Greet session, sharing the context and challenges in Peru and Colombia. The Canadian municipalities could relate to these challenges from their own experience and several expressed interested in contributing to the program.

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Cross- cutting themes: Environment and Aboriginal groups Given the nature of the study tour exploring the challenges and experiences around mining and local development, there was an emphasis on environmental management and on the engagement of Aboriginal peoples during the mining life cycle. One of the most significant learnings identified by Luis Alfonso Sierra was the “structure and division of responsibilities in Canada for environmental impact assessments, the relation with municipalities and with indigenous communities.”

Representatives from the federal government explained the system relating to environmental assessments and regulations. The federal government is promoting responsible mining, under the principle of sustainable development, accountability and transparency. This includes support to innovation, science and technology and the green mining initiative, whose main objective is to reduce the footprint of mining, manage waste, improving technologies, ecosystem risk management, and rehabilitation. Environmental management is a shared responsibility between federal and provincial government, and each province has their own legislation regarding assessments and regulations.

For environmental impact assessments (EIA), it is the Canadian Environmental Assessment Agency that is responsible for the process, and it is Environment Canada that provides the technical resources (chemists, geologists, environmental engineers etc). The requirement for an EIA depends on the size of the proposed project. Once the assessment is undertaken it is the federal Minister of Environment who has final approval, unless the decision is made for it to go to an independent review panel. Assessments typically have a turnaround time of 2 years. During operation, the environmental monitoring process is strong and there is a 99% compliance rate because each year 1/3 of existing mines are visited by enforcement staff and hence operators know that they are being monitored.

Where there was a lack of clarity found in the EIA process was around the inclusion of social factors in the assessment. While the representative from Environment Canada noted that it was a very integral and important part of the assessment, the representative from the CEAA noted that the main focus is on the environment and the only social factors considered are those that are related to the environmental factors and their impact. It was highlighted that in Peru there is no lack of clarity in this respect and the weight of the social factors in an assessment is now much greater than environmental factors, a weight that has increased over time.

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Photo: Fording River Mine, Elk Valley, British Columbia

The topic of mining and environment is intimately linked as well to the topic of Aboriginal engagement. In Canada, there are three types of Aboriginal Peoples - 61% are First Nations, 32% Métis and 4.5 % Inuit. Many of the mining projects are developed in remote areas where the population is scarce and in areas that are traditional Aboriginal lands. It is the Federal Government that has the duty to consult with the Aboriginal Peoples before a project is carried out. However, the mining companies know the importance of engaging early and directly with the Aboriginal groups as they can have an impact on the development and operation of the mining project. The mining companies also recognize the mutual benefit of providing opportunities to Aboriginal workers. Many have negotiated Impact-Benefit Agreements with Aboriginal groups and provincial governments that guarantee employment and training opportunities for their people, or procure goods and services from Aboriginal- owned businesses.

Although Aboriginal consultation is an important part of the initial mine permitting process, Canada has not signed onto the Indigenous and Tribal Peoples Convention 169 of the International Labour Organization. Included in this convention is the topic of

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indigenous rights to free and prior inform consent. Both Colombia and Peru1 are signatories to the international convention. Rather, the underlying policy Aboriginal consultation extends back to the royal proclamation of 1763, that forms the basis of land claims of Aboriginal peoples in Canada, recognizing certain rights to the land, and gives the fiduciary duty of care on the Crown. The rule around the ability of an Aboriginal group to veto projects is also a grey area that can depend on the nature of the development. The Aboriginal and treaty rights are protected from unjustified infringement, but they are not absolute. If it is shown that the government has completed the consultation process in a justified manner (that accommodates traditional rights, and ensures culturally important areas are not affected) the project can proceed. If this is not done well, the Aboriginal group can get an injunction and stop the project. This also reinforces the importance of early engagement and strong partnerships with benefits for all.

During the Study Tour, three examples of Aboriginal engagement were highlighted.

1. Economic Community Development Agreements. In British Columbia, there are 34 tribal groupings, and within that 203 individual First Nations groups. There were no historic treaties negotiated in B.C. other than in the Northeast and on and so the question of land claims is not clear, which can pose difficulties when it comes to natural resource development. In 2005, the Ministry of Aboriginal Relations and Reconciliation changed its approach to working with First Nations, to develop a more constructive relationship and partnership when it comes to the mining sector. In 2008, a policy was developed on sharing revenue from mineral taxes through Economic Community Development Agreements (ECDA). The Ministry and First Nations groups group discuss the conditions either within or prior to the larger consultation process. The revenue that is shared is based on a percentage and so fluctuates with the tax fluctuations. The funds go into a bank account or trust and are to be invested in areas such as governance, economic development, training, and housing, as defined in consultation with the community. There are currently 33 First Nations groups that have ECDAs from 19 mine projects.

11 It was noted by the Peruvian Government Representative that in Peru, the use of the term Aboriginal or “Indigenous” is restricted to mostly forest living peoples of the Amazon basin with pre-Colombian roots and few peoples, even those speaking pre-Colombian languages such as Quechua and who live largely traditional agrarian lives in the highlands, where much of the formal mining occurs, are not recognized as “Indigenous” peoples thus warranting application of ILO Art. 169 and the right to “prior consultation”. This is not the case in Colombia, where there are many Indigenous and Afro-Colombian peoples recognized in the Constitution and whose right to prior consultation is formally recognized.

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2. Teck and the Ktunaxa Nation. In the Elk Valley region, Teck´s coal mine operations are within the Ktunaxa traditional territory. Teck has developed a relation of respect with the Ktunaxa Nation, based on early and continued engagement. They have developed agreements that include points on employment, procurement, and environment. Through a working group, they discuss opportunities to increase First Nations employment, through training, and to increase procurement from First Nations businesses. The environment is one of the main concerns of the Ktunaxa and so they have developed Biodiversity management programs lead by the Ktunaxa to monitor environmental effects. A Cumulative Effects Management Framework or Working Group was established that also includes stakeholders from the nearby municipalities of Elkford, Sparwood and Fernie. Through this group, Teck provides economic support to conduct studies on the impacts to the environment, health, and traditional land uses, and will support projects to improve conditions.

Photo: Teck Resources operations in Elk Valley, British Columbia

3. FCM’s First Nations – Municipal programs. FCM has two national programs that work with First Nations communities to bring them closer to the municipality .- the Community Economic Development Initiative (CEDI) and the Community Infrastructure Partnership Program (CIPP). The purpose of the programs is to

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increase collaboration between First Nations and adjacent municipalities and to build capacity to engage in joint economic development projects. Historically there has been little collaboration between First Nations and municipalities, even if they are nearby. There has also been little economic activity on reserve land, although this is changing with the increase in extractive and natural resource development activity. The approach begins with simply convening the leaders of the two entities. There are no natural venues or mechanisms for such coordination, and so the program facilitates spaces to listen and learn from one another, share knowledge and identify areas of mutual interest. The result is developing arrangements and agreements for shared infrastructure, regional planning, and municipal services, including fire response and wastewater. While not specific to mining, the process and tools for constructive dialogue are relevant for joint planning and negotiations relating to mineral development. The program has anecdotal cases of municipalities and First Nations applying the dialogue principles to address the topic of nearby mining projects in exploration.

While the context of Aboriginal Peoples and mineral development in Canada is complicated, there are parallels to the issues that indigenous and Campesino (peasant) communities in Peru and Colombia, offering a wealth of good practices that could be further explored and shared throughout the life of the program.

Other It is important to recognize that there were several other topics covered and learning points that arose in the discussions with key stakeholders. Participants learned of academic programs and research being conducted internationally. UBC’s Keevil Institute of Mining Engineering has a training program for the local governments, offered online through EduMine, which provides them with a comprehensive background for the introduction of financial and regulatory supervision of mining. The Institute will also initiate a program in Peru to support Peru’s River Basin Councils to strengthen water stewardship in mining areas. This program would be done together with the Canadian International Resources and Development Institute (CIRDI). CIRDI is conducting research and capacity building support in several countries where there is exctracitve activity, including Colombia and Peru. Their focus is on fiscal and regulatory governance, integrated resource management, and livelihoods and employment. They will foster collaboration and learning on these topics through an innovation lab – “Co-Laboratory” – bringing together academia, private sector, NGOs and governments.

Other topics include Corporate Social Responsibility and Transparency. In the topic of CSR, Channa Pelpola of Teck Resources highlighted their successes in Canada and abroad through the development of a sustainability strategy that focusses on 6 elements - biodiversity, water, materials, energy, people, and community. A good example is the

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closure of Kimberley’s Sullivan mine, one of the stops on the Study Tour, in which the mining company, local government and community had a roundtable process to develop the strategy for post mine-closure; this included transferring ownership to the municipality and transforming reclaimed land into the Sun Mine, which was partially financed by the company.

From the federal government, Jeffrey Davison, explained the new role of the Office of the Extractive Sector Corporate Social Responsibility Counsellor, which is to promote and explain the responsibility of mining companies and expectations of the Government of Canada, including what is expected to the companies and how they should adhere to IFC standards. If there are concerns of problems arising between the community and company, the company is encouraged to be open and talk about the problems they are having and look for ways to resolve differences with authorities before they become conflicts. The Office would offer potential solutions and resources for taking steps forward. The Office also encourages transparency and adhering to the standards to disclose information. The company should report on its conduct and management of impacts, including how it shares benefits with local communities. The issue of transparency is also promoted by Publish What You Pay Canada, part of the global coalition of civil society organizations that promotes transparency in the extractive sector, with emphasis on payments for rights to extract resources. It was noted that the initiative is primarily focussed, at least initially, on extractive activity outside of Canada, encouraging governments and companies to disclose what is paid and received in royalties. However, there is the recognition that within Canada, there is not this level of transparency. An act was recently passed which requires companies to disclose the amount of tax paid, but the government has no obligation to report on the amount received.

4. Participant Evaluations At the end of the trip, participants were asked to evaluate the Study Tour, identify priority areas that could be addressed or adapted during the program, and provide recommendations to improve a future Study Tour. The results of the overall tour were very positive and participants were satisfied with the Tour, as shown in the following table where each point was rated on a scale of 1 to 5.

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AVERAGE DESCRIPTION RATING The Study Tour fulfilled my expectations 4.57 The organization of the Study Tour was well thought out 4.71 The topics and presenters were appropriate for the audience 4.29 The methodology was appropriate to facilitate learning 4.57 The logistics of the tour were well carried out 5.00 The Study Tour has provided learnings that will be useful in my work 4.50 I am satisfied with my participation and ability to contribute to the exchange of experiences 4.57 I feel that I have had the ability to influence the program 4.29 In general, I am satisfied with the Study Tour and it has been beneficial 5.00

This level of satisfaction indicates an excellent level of success in meeting expectations and sharing knowledge between a diverse array of project partners and stakeholders. This was also a great opportunity for FCM and its newly hired CISAL team and the donor to learn about the program context in Colombia and Peru and some of our higher level representatives.

Of the nine participants from Peru and Colombia, eight of the participants (89%) identified some of the learnings from the tour that could be adapted to their context and areas where they would like to receive more technical assistance. These include:

1. Organize events for municipal organizations with the participation of political representatives in Peru and Colombia, taking advantage of general elections and the change of President and representatives in the Congress.

2. Improve the consultation and negotiation processes with the indigenous communities.

3. Strengthen the relationship between mining companies and municipalities. 4. The governance structures of FCM, its organization and election process. 5. Training for municipalities and exchange of experiences on managing municipalities in mining regions.

6. Conflict management and relationship with First Nations. 7. Articulation between the different orders of government in Canada.

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8. Experience in economic development and governance.

9. Strengthening the capacity of local government to have a greater productive capacity.

10. Participatory processes, accountability and transparency mechanisms.

11. The recovery of mining areas into useful spaces, such as solar energy.

12. The Productive Municipality program of Peru can also be shared and replicated in other countries; the international recognition would empower the program locally. Photo: Carlos Lopez, Executive Secretary of the Network of Urban and Rural Municipalities (REMURPE) speaks about municipal challenges in Peru at the workshop in Elkford, B.C. 5. Lessons Learned Participants identified a few I believe there are topics that Canada can lessons learned from study tour. learn from and improve, especially in terms Firstly, all were very amazed by of transparency in the extractive sector, the warmth, friendliness and and the alignment of prior consultation, to hospitality of all of the people that align with the international Community and hosted the delegation and that agreement on [ILO Art.] 169. participated in the events. There is general recognition of the great - Fernando Castillo Torres, Peru Ministry of potential of the technical Energy and Mines assistance from the volunteers of municipalities, as well as the recognition that there are differences and weaknesses in Canada as compared with its partners in the Americas; hence there is potential for Canadian municipalities to learn as well through the program. Fernando Castillo Torres, of the Ministry of Energy and Mines, Peru noted: “I believe there are topics that Canada can learn from and improve, especially in terms of transparency in the extractive sector, and the alignment of prior consultation, to align with the international Community and agreement on [ILO Art.]

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169.” The process to recruit will be important to find the most pertinent and effective Canadian technical assistance for FCM-CISAL’s partners.

From the perspective of the Canadian participants, the CAO of Elkford reflected on the main lessons that the municipality can bring to the program, such as Elkford’s success in communicating and working in collaboration with all partners involved. He notes the important role of local governments in this collaboration in order to maintain the best interests for the community, while at the same time understanding that those interests are at times competing with industry and other levels of government. “Sometimes you have to be cognizant that as a municipal level of government, some issues may be beyond your control, and instead of being ‘for’ or ‘against’ the issue, make sure you are ‘for’ the interests of your community, without picking sides.”

In terms of the organization of the Study Tour, lessons learned include ensuring a more active role of the Colombian and Peruvian partners and having more spaces for discussion. There were certain moments during the Study Tour where the participants had more personalized discussions with the speakers and municipal representatives, which were considered some of the most beneficial moments. In general, the sessions were too heavy on powerpoint presentations and some presenters were reading from the slides or notes.

Greater lead time for the organization and defining the list of participants would allow for a greater level of FCM municipal member participation and logistics preparation.

6. Conclusions The first Study Tour achieved its objective of fostering greater understanding, interest in and collaboration between FCM, our partners in Peru and Colombia, and our member municipalities in Canada. The partners better understood FCM and what the program could offer in building capacity at the local level and with the local government associations. This understanding allowed them to actively participate in the Program Steering Committee meeting, which was noted by the representatives of DFATD and led to the approval in principle of the PIP, the AWP and the annual narrative report.

The learning objectives were achieved; participants saw and heard about the Canadian context, the legal frameworks, the relationship between municipalities and the mining sector, experiences in local economic development, environmental management, the Aboriginal context, as well as how an LGA can advocate effectively with the federal government. Overall, the participants are very satisfied with the tour and were able to identify specific topics where the three countries can collaborate and learn from each other.

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It was even noted and shared by one Peruvian LGA Rep. to his colleague from Peru after participating in FCM’s Annual Conference that perhaps the two Peruvian LGAs should consider joining forces to influence the National Government. This was particularly pertinent after seeing the argument of one voice by municipal representatives and manifested quite clearly by FCM in Canada.

It was also observed during the Meet and Greet during the Annual Conference in Edmonton with Canadian Municipalities interested in CISAL, that there is a great deal that can be learned not only between Colombia, Peru and Canada but also between Canadian mining communities that operate in different parts of the same province and in different provinces under often very different regulations. This is a natural role for FCM to share good practices across Canada with its membership base and CISAL activities in Canada offer an interesting opportunity to increase understanding and collaboration across Canadian communities working with the mining sector.

Photo: CISAL Delegation receives a tour of theUnderground Mining Railway in Kimberley, B.C.

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7. Recommendations Based on the evaluations and discussions with various participants, there are several recommendations to improve future Study Tours and for next steps in the Program for FCM and its partners to consider.

Recommendations for a future study tour:

1. Considering that the participants are and will be mayors and other government officials, it is recommended that the tour be no more than eight days.

2. The agenda should be less ambitious, including more down time to rest and to debrief each day on what was seen and heard in order to better assimilate the information.

3. Some information and presentations can be sent to participants in advance to leave more space for interaction and group reflection on the issues and learning observed and experienced. A more in-depth briefing with participants on the Canadian context using these PowerPoints would be very beneficial before leaving for Canada.

4. Have prior dialogue with the LGs and participants through FCM on the learning objectives and priority topics in order to better shape the agenda.

5. Ensure that there is adequate time for exchanges and interaction between the Canadians, Peruvians and Colombians, more than just questions and answers, in order to enhance the reflections and comparison between the contexts.

6. In the visits to the mines, have a space to speak with the directors that are related to community relations and CSR.

7. Ensure that there is time during the process to have a continual evaluation of the study tour, including testimonies from the participants. The testimonies can be documented from the beginning, and then processed at the end. Recommendations for FCM and CISAL:

1. As a next step, the CISAL team and partners should work with the local governments to identify the characteristics and challenges faced at the local level, in order to prioritize the technical assistance needed and to match with Canadian municipalities with similar characteristics.

2. The program should coordinate with the provincial municipal associations to mobilize expertise that can work directly with LGA’s to assess the capacity, identify areas for strengthening, and provide coaching in areas such as advocacy.

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3. Based on the learnings from the Study Tour, review with the LGA partners where FCM could provide coaching, such as in organizing events inviting representatives of the federal government to put municipal issues on the agenda.

4. The program can explore how to capitalize on existing programs, such as the Productive Mayor program of Sierra Exportadora, to promote local economic development.

5. There is a great opportunity to share good practices within Canada, in addition to between northern and the southern countries. Knowledge sharing and developing collaboration between multiple sectors and across mining regions of the Americas will be an important component of the third outcome stream.

6. All technical assistance activities and exchange of experiences should ensure that there is learning and sharing from all parties, as Canadian municipalities will also learn much from the experiences of their LG counterparts in Latin America.

7. Various types of technical assistance beyond the local government, such as the mining sector or Aboriginal organizations could be capitalized on and mobilized through the program.

8. FCM can explore more opportunities to collaborate with the academic sector, including participation in CIRDI’s Co-laboratory and coordination with the Keevil Institute’s initiative to strengthen Peru River Basin Committees.

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ANNEX 1: List of participants

No. Name Position Institution 1 Gilberto Toro Executive Director Federation of Colombian Municipalities 2 Marcela Jaramillo Director of the Federation of Colombian Technical Municipalities Management 3 Luis Alfonso Sierra Coordinator of Land Ministry of Environment and Castro Use Planning Sustainable Development Colombia 4 Eduardo Carhuaricra General Manager AMPE - Association of Meza Municipalities of Peru 5 Carlos López Executive Secretary REMURPE – Network of Urban and Rural Municipalities 6 Fernando Castillo Torres Director General, Ministry of Energy and Social Management Mines, Peru 7 Alfonso Velasquez Executive President Sierra Exportadora, PCM Tuesta 8 Cesar Bedoya Local Governance FCM Specialist CISAL (Peru) 9 Diana Pombo Colombia Manager FCM CISAL 10 Christopher Yeomans Program Director FCM CISAL 11 Suzanne Belliveau Program Manager FCM CISAL 12 Rosemary Underhay Interpreter 13 Carla Dango Interpreter

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ANNEX 2: Agenda of the Study Tour Time Sunday Monday Tuesday Wednesday Thursday Friday Saturday May 31 June 1 June 2 June 3 June 4 June 5 June 6 AM Flight Lima-TO Workshop on Fly Vancouver to Drive to Elkford Fly to Edmonton Annual Annual 215A-1115A Mining and Local Cranbrook Cranbrook- Conference Conference Development 855A-1121A Workshop with Calgary Edmonton Edmonton Fly from Vancouver municipalities 910A- 959A Bogota-San Opening and CISAL Meet & Salv-TO. Lunch provided Drive to Kimberly Lunch provided plenary Greet 5:41A-7:40- Workshops and 15:30 study tour PM Peruvians fly Workshop Meetings with Visit the Fording FCM Briefing FCMI Workshop Sessions on TO to Continued municipality of River mine First Nations Vancouver Kimberly & 16:00-18:02 MEAL municipalities

Group Dinner Visit to Sun mine Drive to Fernie Free evening CEO Reception Mayor’s provided reception Sunday Monday Tuesday Wednesday Thursday Friday Saturday June 7 June 8 June 9 June 10 June 11 June 12 June 13 AM AGM Elections Fly to Ottawa CSR Meetings with Colombian fights Edmonton - Ottawa NRCAN, MAC, Ottawa – Toronto 7:30am -1:22pm Program Steering FCM 6:00am – 7:07am Committee Toronto – Bogota 8:20am – 1:05pm PM Free afternoon Meetings with Program Steering Tourism in Ottawa – Toronto Kady Seguin – Committee Ottawa 2:00pm – 3:07pm Gala event Transparency Meeting with Toronto – Lima embassies 5:55pm – 12:45

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ANNEX 3: Vancouver workshop agenda Workshop on Mining and Local Development in BC

Strategy Room 320. Morris J. Wosk Centre for Dialogue, Simon Fraser University Location: 580 W. Hastings Street, Vancouver, BC

Time Description Who Organization

8:45 Arrival of participants Introduction 9:00 Introduction and presentation of Christopher Yeomans FCM participants

9:15 Greetings on behalf of Colombian and Alfonso Velasquez Tuesta Peruvian guests Session 1: Legal framework and mining royalties 9:30 Mining context and mineral tax in BC Jon Kittmer, Ministry of Energy Senior Economist and Mines

9:50 Permitting process in BC Diane Howe Ministry of Energy Deputy Chief Inspector of and Mines Mines, Permitting

10:10 Mining royalties and permitting in Peru Fernando Castillo Torres Ministry of Energy Director General, Social and Mines, Peru Management 10:30 Discussion on mining royalties and FCM permitting in each country 11:00 Coffee break Session 2: Mining and Local Development 11:15 Local governments and mining in BC Gary MacIsaac Union of BC Executive Director Municipalities

11:35 Single industry municipalities in Garth Frizzell Councillor, Prince Northern BC George 11:50 Productive municipalities and LED Alfonso Velasquez Tuesta Sierra Exportadora

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12:10 Discussion on Mining and Local FCM Development 12:30 Lunch Session 3: First Nations and community engagement with the mining sector 13:30 Revenue sharing agreements with province Jamie Dower BC Ministry ARR 13:50 CSR programs and community Canna Pelpola, Teck Resources development Manager, Social Limited Responsibility 14:10 Practices and policies in Aboriginal Amy Crook Fair Mining engagement Executive Director Collaborative

14:00 Discussion FCM

14:30 Coffee break Session 4: Canada’s International Focus 14:45 Canadian International Resources and Kristina Henriksson CIRDI Development (CIRDI)’s program in Peru 15:10 Institute of mining and the Peruvian River Andre Xavier Keevil Institute of Basins Councils Mining Engineering 15:20 Environmental challenges relating to Luis Alberto Giraldo Ministry of mining in Colombia Fernandez Environment, Director General of Land Colombia Use Planning 15:40 Discussion FCM Closing 16:00- Conclusions y Close Christopher Yeomans FCM 16:30

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ANNEX 4: Agenda for workshop in Elkford Time Topic Who 7:00 Leave hotel in Fernie, drive to Elkford All 8:15 Arrival and greeting of participants Suzanne Belliveau, Dorothy Szawlowski 8:30 Opening and welcoming remarks from Elkford Mayor Dean McKerracher, Mayor Elkford 8:40 Presentation of participants Group 8:50 Opening remarks from the CISAL Delegation Alfonso Velasquez Tuesta 9:00 Brief overview of the context and history of mining Cal McDougall, Mayor and municipalities in the Elk Valley Sparwood

9:15 Elk Valley Tax Sharing Agreement Curtis Helgesen, CAO Elkford

9:40 Discussion on the Tax Sharing Agreement Other EVTSA members

10:00 Break 10:15 Teck and the Ktunaxa First Nations Casey Brennan, former Coordinator Aboriginal Cumulative Effects Working Group Affairs Teck 10:40 Discussion of the CEWG Other members of CEWG

11:00 Local Economic Development Open discussion with Elk (Strategies for long-term development, economic Valley municipalities diversification, planning for mine closure)

11:30 Mining and development in Peru Carlos Lopez, REMURPE 12:00 Lunch

Visit to the Fording River Mine Time Topic Who 1:00 Bus from Elkford to Fording Mine Fording River employee 2:00 Tour of Fording River Mine Fording River employee 4:00 Arrival to Elkford Fording River employee 4:00 Tour of downtown Elkford Curtis Helgesen

5:00 Return to Fernie Free night

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Representatives from Peru and Colombia visit Canadian mining regions

In June 2015, partners of the Sustainable and Inclusive Communities in Latin America (CISAL) Program travelled to mining regions in Canada to better understand the mining and municipal context in Canada and identify potential areas of technical assistance. Participants included Executive Directors of the local government association partners in Colombia and Peru, as well as representatives from the national environment and mining ministries of both countries. This study tour marked the beginning of CISAL’s capacity- building efforts. Canadians, Colombians and Peruvians were able to learn about each other’s experience in dealing with the challenges and opportunities inherent to resource communities and build the foundation of a fruitful and lasting partnership.

The study tour took participants to British Columbia to learn from successful experiences in the mining sector. Participants also met with municipal representatives at FCM’s Annual General Meeting in Edmonton, and federal government representatives in Ottawa. Among the many topics covered, the Colombian and Peruvian representatives were most interested in the strong relationships between mining companies and municipalities, the long-term strategies to achieve sustainability at the local level, and the effective governance structures of FCM.

Comparing the mining contexts of each country A workshop was organized in Vancouver with the support of the Canadian International Resources and Development Institute (CIRDI). The workshop brought together representatives from the provincial government, the municipal sector, the academic sector, the mining sector, and the study tour participants to discuss mining and local development in the three countries. While the legal frameworks vary in each country, the challenges faced by local governments and communities can be very similar.

Mining municipalities and sustainability The Mayor of the City of Kimberly, Don McCormick, described the transformation his city went through following the announcement that the Sullivan Mine would close. The municipality developed strategies to diversify its economy and remain sustainable. “It has been fantastic getting to know mining regions that have transformed themselves –in the case of Kimberly- into tourists areas” described Alfonso Velasquez, President of Sierra Exportadora Peru, a key CISAL partner for local economic development.

The City of Kimberley’s Chief Administrative Officer, Scott Sommerville, took the group to the former underground mine which has been transformed into a tourist attraction. The group was then taken to the Sun Mine, which is transforming the reclaimed mine site into a field of solar panels that will generate and sell electricity, benefiting Kimberly’s regional economy.

Good practices in Elkford and neighboring communities

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In Elkford, representatives from the communities of Elkford, Sparwood, Fernie, Regional District A, as well as Teck Resources, came together for a workshop chaired by Elkford Mayor Dean McKerracher highlighting the constructive relationship between the local government and mining sector, and the strategies the municipalities have employed to strengthen and diversify their economy.

About CISAL

The CISAL program is a $20 million, five-year initiative (2014-2019) funded by the Government of Canada’s Department of Foreign Affairs, Trade and Development (DFATD). CISAL partners work to strengthen the capacity of local governments in Colombia and Peru to successfully manage the impacts and benefits of mining development and promote sustainable economic growth.

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IN-KIND CONTRIBUTION REPORT

Please mail completed form to: 24 Clarence Street, Ottawa ON K1N 5P3 or fax it to (613) 241-7117 FCM Tracking Number: See Guidelines on In-Kind Contributions for instructions. For further assistance, call: (613) 241-5221. Project: CISAL Activity: Organization of Study Tour to Elk Valley Start date: 15-May End date: 6/2/2015 Municipality/Organization: City of Fernie Form filled by: Signature: Date: TIME CONTRIBUTIONS (Number of days) Overseas Travel Activities In Canada Activities FCM Use

Mission/ Position Workshop/ Coordinat- Research/ Total Code Reports & Workshop/ Volunteer Standard Participant Name Prep Meeting ion/ Document Other Number of Value (see Follow-up Meeting ID Rate below) (includes Coaching Review Days travel days)

1. Giuliano, Mary M1 0 0 0 1 1 - 2. Qualizza, Auge M1 1 1 - 3 Lennox, Bruce M1 1 1 - 4 McSkimming, Dan M1 1 1 - 5 - 6 - Total Time Contributions 0 0 0 4 0 0 0 4 - Position codes Municipalities/Municipal Associations Community/Non-Profit Organizations Other Institutions/Organizations M1 Elected officials CN Staff U University/College O Other (please specify) M2 Senior Management V Volunteers B Business (Chief administrators, city managers, directors) CO Consultants M3 Staff (includes management) IN Interns OTHER CONTRIBUTIONS (Attach supporting documents) Value ($) FCM Use Hospitality (accommodation, meals, tourism activities, souvenirs) Approved by: Local Transportation Facility or Equipment Rental

Page 198 of221 Communications/Translations Approval date: Other donations (please specify) Activity code: Cash donations/community fundraising Total Days for Overhead: 0 Total Other Contributions - Total In-Kind Contribution: 4.00 Sheryl Zral

From: Mary Giuliano Sent: Friday, August 28, 2015 2:01 PM To: Sheryl Zral Subject: FW: Our River Rocks - Elk River Festival Attachments: elkriverSFDfestival2015_poster (3).pdf; elkriverSFDfestival2015_poster.jpg

Can we have this on the agenda please, info items,thank you

From: Edwards Rebecca SPO [ mailto:[email protected] ] Sent: Thursday, August 20, 2015 2:05 PM To: Edwards Rebecca SPO Cc: Strom Sharon SPO Subject: Our River Rocks - Elk River Festival

On behalf of Lee-Anne Walker of the Elk River Alliance, I am forwarding this information about the upcoming Our River Rocks - Elk River Festival and Great Canadian Shoreline Cleanup.

The festival takes place at Fernie Community Centre on Saturday, September 26 from 4 p.m. to midnight and the Great Canadian Shoreline Cleanup comes to Fernie, Sparwood and Elkford on Sunday, September 27 from 1 to 4 p.m.

Please consider putting up the attached poster or sending details of these great community events to anyone who is interested in the Elk River.

Many thanks, Rebecca

Rebecca Edwards Communications Coordinator Teck Community and Aboriginal Affairs, Sparwood

116 Centennial St, Box 1777, Sparwood, V0B 2G0 [email protected] 250.425.8218

You have been sent this email as a result of your involvement in the Elk Valley Community of Interest Advisory Partners group. Please reply with Unsubscribe in the subject line if you no longer want to receive information of this nature. Thank you.

1

13.8 Our River Rocks - Elk River Festival Page 199 of 221 the presents the 5th Annual... El River Ftiva Get involved and show your Fun Events for Everyone! love & care for the Elk River Saturda, Sep. 26t 4p - midnigh @ th Ferni Communit Centr

 th El River 4 - 8p Rocki’ River Fher Learn how businesses/organizations benefit Skill Even 5 - 7p from the Elk River and steward it for future generations. Join this first ever fly fishing skills event. Youth (under 19) Adult (19-59) Masters (60+) Events include: casting accuracy, dexterity with rod Blu Drink 4p onwar assembly/speed, match the hatch, identification of fish and invertebrates, tall fish tale telling. Entry fee: $20 Youth; $40 adult (includes a membership r o th Rock 4 - 8p to ERA & free water bottle). Kids fishy fact pond. Purchase local art which features the Elk River, make Rock Art, manipulate rocks to build a River Our River Rock Socia Mandala, or build a critter on the rocks. wit D Con 8:30 - 11:30p El River Phot Cont River Ra & Silen uctio Tag your favourite memory of the Elk Win some amazing prizes & support river stewardship. River on Instagram and Facebook with #MyElkRiver" and win! Brough t yo b:

Elkford ATV Club

#MyElkRiver Sunda, Sep. 27t 1 - 4p; Ferni, Sparwoo & Elkfor Grea Canadia 1 - 4pm: MEET in Fernie at the Annex Pond; Sparwood at the Leisure Centre and Elkford Aquatic Centre. Adopt an Shorelin Cleanup area and help keep the Elk River beautiful, clean and safe. Find out all the details about these events and more at: El Riverllianc.c

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Liquor Control and Ministry of Small Business, Red Tape Licensing Branch Reduction and Minister Responsible for the Liquor Distribution Branch POLICY DIRECTIVE No: 15 - 08

August 24, 2015

To: All LCLB staff All Industry Associations All Local Government, First Nations, and Police Agencies

Re: Early Opening of Liquor-primary Establishments during the 2015 Rugby World Cup (taking place in the UK) Sept. 18 – Oct. 31.

Introduction This is to announce a temporary policy change to permit liquor-primary (including liquor- primary club) establishments greater flexibility in hosting televised games of the Rugby World Cup outside of normal liquor service hours. There is no change to the hours of liquor service.

Present Policy Existing Branch policy states that patrons must not be in a liquor-primary establishment from the time of closing to 6:00 a.m. If the establishment is open for non-liquor service activities after 6:00 a.m., all patrons must vacate the premises at least one half hour before the start of the liquor service hours as stated on the liquor licence, e.g. if the liquor service hours begin at 11:00 a.m. all patrons must leave by 10:30 a.m.

New Policy During the Rugby World Cup, taking place from September 18 to October 31, 2015, a temporary policy will be in place with the following terms and conditions: • A liquor-primary establishment may open to the public for non-liquor service prior to 6:00 a.m. provided there is a minimum of 1 hour between the end of liquor service the preceding evening and the opening for the rugby game. For example: if the establishment’s liquor service ends at 2:00 a.m. patrons may not re-enter the establishment until at least 3:00 a.m. • The half hour interval described above under “Present Policy” is repealed so there is no requirement for patrons to vacate the premise a half hour prior to the start of liquor service as stated on the licence. • Minors are not permitted in the establishment during the hours of liquor service unless specifically permitted under the terms and conditions of the liquor licence, but minors are permitted outside the hours of liquor service. • Liquor must be securely stored or supervised by staff to ensure that it is not consumed during the hours when liquor service is not permitted. • The person capacity for the establishment is in effect even outside liquor service hours. Licensees may not, at any time, have more persons in the establishment than the stated person capacity on the licence.

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13.9 Liquor Control Policy No. 15-08 Page 201 of 221 • As always, patrons may not bring liquor into the establishment at any time and intoxicated persons are not permitted in the establishment at any time. • This policy is in place only for the 2015 Rugby World Cup games between September 18 to October 31, 2015. • Licensees are not required to apply to the LCLB for approval but it is recommended licensees check with their local government regarding any restrictions on hours of operation.

Please be advised that licensed establishments are subject to inspection by branch staff and police at all times.

Further Information Further information regarding liquor control and licensing in British Columbia is available on the Liquor Control and Licensing Branch website at www.pssg.gov.bc.ca/lclb. If you have any questions regarding these changes, please contact the Liquor Control and Licensing Branch toll free in Canada at 1-866-209-2111 or 250 952-7049 if calling from the Victoria area.

Original signed by

Doug Scott Assistant Deputy Minister and General Manager Liquor Control and Licensing Branch

13.9 Liquor Control Policy No. 15-08 Page 202 of 221 13.10 LCLB Summer Newsletter

v Issue 9 SOL Events: What Manufacturers Need to Know Liquor Line Summer 2015 Liquor tasting events are popular with both Liquor Control & Licensing Branch Newsletter customers and manufacturers alike. If you are hosting a tasting, read on to learn how to licence the event. Most Sellers, Servers to Obtain Serving It Right Training On-site events can be held in an endorsed All liquor licensees in British Columbia aircraft while it is on the lounge or tasting room, and must follow all should be aware of new requirements for ground in B.C. Ferment the rules of that endorsement. A SOL cannot having responsible beverage service train- on Premises licensees, be used to temporarily extend the hours of a ing (Serving It Right program). managers and staff licensed area, unless the SOL holder is an inde- continue to be exempt As of Sept. 15, 2015, most people who sell pendent party, and the manufacturer tempo- from Serving It Right or serve liquor – including those in food rary suspends the existing endorsement. requirements. primary establishments – will be required to If a tasting event includes products from other Servers work for the SOL holder both small and large SOL events will need the have completed the training and obtained As of Sept. 15, 2015, all manufacturers, or if the event is to be held in Special Event Server certificate, unless they certification. Furthermore, re-certification Serving It Right certifi- an unlicensed part of the property, the manu- When a tasting event is held under a SOL, the already hold a valid Serving It Right certificate. will be required every five years. cates will have a five-year facturer must apply for a SOL and temporarily servers are considered staff of the SOL holder, validity period, after Under the new rules, all licensees, manag- suspend their existing endorsement. even if those staff are employees of the manu- Remember, manufacturers or agents may which they will expire facturer. This means that any contraventions only donate liquor for fundraisers when all ers, and servers in most establishments For off-site events, manufacturers and their and need to be renewed. would impact both the manufacturer/agent proceeds from the event will be directed to a where liquor is served or sold directly to the agents may obtain a SOL only if they are the Any existing certificates and the SOL holder. charitable purpose. Note that all liquor served public must have Serving It Right certifica- only manufacturer or agent present. If more without an expiry date at a SOL event must be transferred to the SOL tion. Previously, some of these groups were than one licensed manufacturer or agent par- Manufacturers should also note new require- will be deemed to have holder, typically by invoice or receipt. exempted from having certification. Serving It Right teaches essential skills. Photo: go2HR ticipates, the host of the event must apply for ments coming into place Sept. 15, 2015 for expired on Sept.15, 2020. Liquor store staff who will require Serving the SOL. liquor service. All paid and unpaid servers at Serving It Right is a self-study course that To obtain a Serving It Right certificate, candi- It Right certification as of Sept. 15 include: educates licensees, managers and servers dates take a course and must pass an exam. managers and staff at BC Liquor Stores and Did you Know? about their legal responsibilities when serv- The course material is free but payment is Caution Needed for Farmers’ Markets duty free stores, licensees, managers and Since April 2015, all applications for Special ing alcohol, and provides techniques to help required to write the exam either online ($35) staff of wine stores (except sacramental Occasion Licences have been processed prevent problems related to liquor service, or using the print option ($40). wine stores), and agents and staff at rural In June 2014, manufacturers began applying differently from a farmers’ market. Manufac- through a new online service, called Special such as over-service. It is administered by agency stores. Online: www.servingitright.com to sell products at farmers’ markets. To date, turers are not eligible to have on-site festival Occasion Licences Online (SOLO) at go2HR, the tourism industry’s human resource nearly 130 manufacturers have been granted stores. Only wine stores and Licensee Retail Servers who will require Serving It Right association. Special Event Server course authorizations to sell at markets across the Stores can create temporary stores at tasting- www.solo.bcldb.com all serv Requirements for responsible beverage ser- certification as of Sept.15 include: - The course has been updated to include province. However, some applications cannot focussed food and beverage festivals. ers at food primary establishments, unpaid vice training are also coming into effect for be granted because the market doesn’t meet information about Canada’s low risk drinking 3. Free samples are permitted. servers at Liquor Primary Clubs, and flight holders of Special Occasion Licences (SOL). the program criteria. Here are some points to guidelines, the social and health costs of alco- Under the farmers’ market authorization, Contact Information attendants serving alcohol on board any keep in mind: hol and why alcohol is regulated. An abridged version of Serving It Right, called manufacturers can offer samples – but samples Phone (Weekdays, business hours) the Special Event Server (SES) program, has 1. Not all markets must be provided for LCLB Headquarters been designed for those serving liquor at SOL are true farmers’ free, and only in limited - Direct: 250 952-5787 (Victoria area) Alcohol Sense Display now Mandatory events. This course and exam must be com- markets. volumes. Patrons must - Toll-free: 1 866 209-2111 (B.C. only) In spring 2015, licensees received a package of pleted by Sept. 15, 2015 : Licensing Help Desk: 250 952-7049 A real farmers’ mar- sample within the sales posters and tent cards promotingAlcohol Sense, • all SOL licensees and managers at events ket has an emphasis area, and not remove Renewal Help Desk: 250 952-7039 with fewer than 500 people, and SOLO Help Desk: 1 855 999-7656 an online resource about responsible alcohol on and is made up them from the sales consumption that includes tips for parents in • all servers (paid or volunteer) who work at a entirely of local - pro area to other areas of Email talking to their children about drinking. SOL event, regardless of size. duce and related farm the market. Remember, Questions: [email protected] products that people it’s up to all licensees Applications: liquor.licensing@gov. All licensed establishments and liquor retail Those who already hold a valid Serving It Right make, bake or grow to ensure their activi- bc.ca stores that sell or serve liquor to the public are certificate do not need to take the Special and does not include ties are compliant with Website required to display at least one item from the Event Server program. The Serving It Right certificate continues to be required for licens commercially made A farmers’ market features local produce and farm products liquor policy. www.pssg.gov.bc.ca/lclb package. The period of voluntary compliance has - products or services. To learn more, see the www.solo.bcldb.com now come to an end, and liquor inspectors will ees and managers at SOL events attended by Flea markets and commercial markets are not following Policy Directives: be checking for the display requirement. To learn 500 or more people. Course materials are free Mail whether you register online or not. The cost farmers’ markets as set out by liquor policy. • Farmers’ markets: www.pssg.gov.bc.ca/lclb/ Liquor Control and Licensing Branch more, see Policy Directive 15-03. Download It’s up to the manufacturer to make sure a docs-forms/policy-directive-2014-11.pdf PO Box 9292 Stn Prov Govt Alcohol Sense posters from the LCLB website, or for the online exam is $20. market fits the rules. • Temporary stores: www.pssg.gov.bc.ca/lclb/ Victoria BC V8W 9J8 contact us. Online: www.specialeventserver.com docs-forms/policy-directive-2014-12.pdf 2. A farmers’ market is not the same as a In Person You might not see it, but • Farmers’ markets in indoor, licensed places: 4th Floor 3350 Douglas St. You can still talk about it. Find Alcohol Sense online at food and beverage festival. Healthy choices about alcohol and moderation begin by having a www.pssg.gov.bc.ca/lclb/docs-forms/policy- Victoria BC conversation with your kid – because you’re the best resource they www.HealthyFamiliesBC.ca A food and beverage festival is licensed have. If you’d like some help getting started, visit AlcoholSenseBC.ca

Page 203 of 221 directive-2014-21.pdf

4 1 13.10 LCLB Summer Newsletter

A Word from the Use OneStop to Renew Licences and More Liquor Sales in Grocery Stores Now Permitted

General Manager As a licensee, you may already use the One- your subscription code and PIN along with In response to public demands for more Existing LRS holders can move anywhere in Independent Wine Store licence holders ince the last issue of Stop Business Registry to renew your licence the instructions on how to get set up online. convenience in purchasing liquor, the the province, as long as they are no closer may relocate their shops. If they do relocate, Sthis newsletter, my every year. It only takes about 15 minutes to set up your Province of British Columbia announced than one kilometre from an existing LRS or VQA stores must only sell VQA product, and team at the Liquor Control online account. Once completed, you can But did you know that you can do other on April 1st, 2015 that it would begin BC Liquor Store (some exemptions apply). IWS stores must sell only 100% B.C. wine and Licensing Branch has access the online services 24 hours a day, transactions using OneStop? In fact, since to accept applications for liquor sales The previous rule limiting relocations of products. been working steadily seven days a week. April 30th, 2015, the following applications within grocery stores. retail stores to no more than five kilometres to implement the many Plans are also under way to auction the may ONLY be completed online: Please keep a copy of your BCeID User ID and away from the original location has been changes recommended in The two new models for liquor sales in opportunity to apply for a limited number password handy, since you will need it when- dropped. the January 2014 Liquor • requests from licensees with a catering grocery stores are: of new wine store licences to create “wine ever you use OneStop. If you forget your ID Policy Review Final Report. licence or endorsement to notify LCLB of • the “store within a store” model: gives BC Liquor Stores may also choose to relo- on shelves” stores. The auction will be open or password, contact BCeID at BCeID@gov. upcoming catering events, shoppers a one-shopping cart experi- cate, but they must also be one kilometre to eligible grocery stores only, and is antici- bc.ca or 604 660-2355 (Vancouver area) or The pace of change over the last year has • requests from eligible licensees at golf ence, and way from an existing retail store. pated in fall 2015. 1 888 356-2741 (toll-free in B.C.), to have it been rapid. We know that operating your courses and ski hills to use one of their • the “wine on shelves” model: gives reset. Independent Wine Store (IWS) licence hold- Not all grocery stores are eligible to become business is your focus, and keeping up with approved temporary use areas for an event, shoppers access to 100% B.C. wines and ers may apply to convert their licence into a liquor sales location. Eligible grocery stores government changes isn’t always easy. But • requests from manufacturers with on-site If you use a paper-based renewal process, wine tastings. a Licensee Retail Store licence, but must must obtain the majority of their sales from help is close at hand. store endorsements to sell product at a you will receive a renewal application form Since the moratorium on new Licensee observe the one kilometre rule. A conversion food products and be at least 10,000 square farmers’ market, and in the mail. Please fax it with a credit card Our staff are always happy to help answer feet. Liquor purchases will have to be made • requests from liquor-primary licensees to number (Visa, MasterCard, and AMEX), or Retail Stores continues to be in place, will allow these licensees to sell all types of your questions – from our team at our licens at specific tills, where cashiers will hold a - host all-ages events at their establishment. mail it with a cheque or money order. The government has increased the flexibility liquor products, not just wine. However, as ing help desk to our liquor inspectors in the Serving It Right certificate. LCLB fax number and address are on page for relocations in order to create these an LRS, these licensees will not be allowed to field. Also, be sure to check out our website, Please remember that event authorization one of the renewal application form. Please new liquor sales locations. participate in the “wine on shelves” model For more information, see policy directives where you’ll find the newest policy directives requests must be entered in advance of the send both pages of the renewal application. nor be able to sell wine directly to Special 15-05 (Conversion of Independent Wine and up-to-date Terms and Conditions guides. event being held. Timelines vary – see your For the “store within a store” model, LCLB cannot accept credit card payment over Occasion Licence holders. Store) and 15-01 (Liquor in grocery stores, Terms and Conditions Guide for details. existing Licensee Retail Store (LRS) Among the key recent changes are: the phone unless we’ve received your com and minimum distances) or visit: - licence holders are able to apply to relo- For the “wine on shelves” model, only exist- www.pssg. • enabling liquor sales in eligible grocery If you haven’t used OneStop before, please pleted renewal form. cate to an eligible grocery store. ing Vintners Quality Alliance (VQA) and gov.bc.ca/lclb/policy/relocation stores, contact our OneStop Help Desk at 250 952- • online applications for Special Occasion 7039 (Victoria area callers) or 1 888 544- OneStop Business Registry: www.bcbusi- Licences, 0443 (toll-free in B.C.). You will be emailed nessregistry.ca/index.htm • mandatory display of social responsibility Terms and Conditions Clarified Policy Updates material in licensed establishments, and • new requirements for Serving It Right train- Be sure to Renew your Licence on Time! Every day, our staff and inspectors help While your club or hotel may offer an “open The Liquor Control and Licensing Branch ing for food primary licensees and others. licensees to clarify the rules around bar” service, you must specify the quantity issues policy directives to alert licensees operating an establishment. Here are and it cannot be unlimited. More changes are coming, now that the new of any changes to operating rules. These some recent topics and trends of note. directives may affect your establish- Liquor Control and Licensing Act received Observe the maximum pours Be sure to check out our Terms and ment. Here are some directives issued Royal Assent in May 2015. We are working All servers should be aware of maximum Conditions guides for full information. since summer 2014: hard to develop the regulations needed to serving sizes for different types of liquor. bring the new Act into force. If you have any Don’t post pictures of inspectors Remember that pitchers of beer and bottles • 15-04 New regulations regarding the suggestions for changes to the regulations, Recently, there have been a few cases of wine cannot be served to a single patron length of time to keep records feel free to contact your industry association. where licensees have posted photos – they must only be served to two or more • 14-16 Endorsements for licensees We consult with them as part of the process, of inspectors and minor agents within persons. Meanwhile, a whole bottle of who operate ski hills or golf courses to and we count on them to reflect your views. their establishment. This is prohibited, distilled liquor cannot be sold to patrons, extend activities to outdoor areas up to Policy updates we’re working on include: just as alerting staff or patrons of the even if the bottle is kept behind the bar. This 26 times a year • broadening eligibility for liquor sales at presence of an inspector or agent is “hosted bottle service” is not permitted. • 15-06 Liquor Distribution Branch may not permitted. The reason for this is to place advertisements regarding govern- farmers’ markets, Get approval for structural changes ensure the personal safety of inspectors ment liquor stores • allowing manufacturers to offer patrons If you are making changes to your existing liquor that was not produced on site, and minor agents. Remember, the pur- • 15-01 Liquor in grocery stores, and Every liquor licensee in British Columbia If your mailing address, fax or email approved plan, be sure to let LCLB know • developing a process to auction the oppor- is required to renew their liquor licence address has changed, inform us in writ- pose of inspections is to protect public changes to the 5 km rule for liquor tunity to apply for licences for the sale of first. Any new construction such as adding a once a year, and pay the annual licence ing (signed by a shareholder or owner). safety and ensure compliance with the retail relocations 100% BC wine in grocery stores, and lounge or patio, altering entrances and exits, renewal fee. Fax a change of contact request to 250 law. Posting pictures or alerting staff or • 14-18 Process for notification for • reviewing the penalty schedule. or changes to the size or location of the 952-7066. Be sure to include your liquor patrons to an inspection could lead to a all-ages, liquor-free events at liquor As a courtesy, we send renewal notices liquor service bar, must be approved. To learn more about the status of Liquor licence number. contravention. primary licensees and manufacturers two months before your renewal is due. Policy Review policy changes, check out our The law requires pre-approval of structural with a lounge endorsement If you did not receive a renewal notice For more information, see the renewal Unlimited bar service is not permitted web page. Go to www.pssg.gov.bc.ca/lclb/ alterations because it affects the- estab by fax, email or postal address, it is section in the If You Have a Liquor With wedding and party season under- index and click on the Liquor Policy Review lishment’s floor plan and, in some cases, likely that we do not have your correct Licence section of our website: way, clients may ask for establishments For additional information and to see icon. to offer “unlimited service” during the the person capacity. Be sure to submit a all the directives, visit us at www.pssg. address. www.pssg.gov.bc.ca/lclb/haveaLL/ Structural Change Application and receive renewing time of the event for a flat rate. Note gov.bc.ca/lclb/resources/index Douglas S. Scott approval prior to going ahead with any work. Page 204 of 221 Assistant Deputy Minister and General Manager that such service is not allowed. 2 3 13.10 LCLB Summer Newsletter

A Word from the Use OneStop to Renew Licences and More Liquor Sales in Grocery Stores Now Permitted

General Manager As a licensee, you may already use the One- your subscription code and PIN along with In response to public demands for more Existing LRS holders can move anywhere in Independent Wine Store licence holders ince the last issue of Stop Business Registry to renew your licence the instructions on how to get set up online. convenience in purchasing liquor, the the province, as long as they are no closer may relocate their shops. If they do relocate, Sthis newsletter, my every year. It only takes about 15 minutes to set up your Province of British Columbia announced than one kilometre from an existing LRS or VQA stores must only sell VQA product, and team at the Liquor Control online account. Once completed, you can But did you know that you can do other on April 1st, 2015 that it would begin BC Liquor Store (some exemptions apply). IWS stores must sell only 100% B.C. wine and Licensing Branch has access the online services 24 hours a day, transactions using OneStop? In fact, since to accept applications for liquor sales The previous rule limiting relocations of products. been working steadily seven days a week. April 30th, 2015, the following applications within grocery stores. retail stores to no more than five kilometres to implement the many Plans are also under way to auction the may ONLY be completed online: Please keep a copy of your BCeID User ID and away from the original location has been changes recommended in The two new models for liquor sales in opportunity to apply for a limited number password handy, since you will need it when- dropped. the January 2014 Liquor • requests from licensees with a catering grocery stores are: of new wine store licences to create “wine ever you use OneStop. If you forget your ID Policy Review Final Report. licence or endorsement to notify LCLB of • the “store within a store” model: gives BC Liquor Stores may also choose to relo- on shelves” stores. The auction will be open or password, contact BCeID at BCeID@gov. upcoming catering events, shoppers a one-shopping cart experi- cate, but they must also be one kilometre to eligible grocery stores only, and is antici- bc.ca or 604 660-2355 (Vancouver area) or The pace of change over the last year has • requests from eligible licensees at golf ence, and way from an existing retail store. pated in fall 2015. 1 888 356-2741 (toll-free in B.C.), to have it been rapid. We know that operating your courses and ski hills to use one of their • the “wine on shelves” model: gives reset. Independent Wine Store (IWS) licence hold- Not all grocery stores are eligible to become business is your focus, and keeping up with approved temporary use areas for an event, shoppers access to 100% B.C. wines and ers may apply to convert their licence into a liquor sales location. Eligible grocery stores government changes isn’t always easy. But • requests from manufacturers with on-site If you use a paper-based renewal process, wine tastings. a Licensee Retail Store licence, but must must obtain the majority of their sales from help is close at hand. store endorsements to sell product at a you will receive a renewal application form Since the moratorium on new Licensee observe the one kilometre rule. A conversion food products and be at least 10,000 square farmers’ market, and in the mail. Please fax it with a credit card Our staff are always happy to help answer feet. Liquor purchases will have to be made • requests from liquor-primary licensees to number (Visa, MasterCard, and AMEX), or Retail Stores continues to be in place, will allow these licensees to sell all types of your questions – from our team at our licens at specific tills, where cashiers will hold a - host all-ages events at their establishment. mail it with a cheque or money order. The government has increased the flexibility liquor products, not just wine. However, as ing help desk to our liquor inspectors in the Serving It Right certificate. LCLB fax number and address are on page for relocations in order to create these an LRS, these licensees will not be allowed to field. Also, be sure to check out our website, Please remember that event authorization one of the renewal application form. Please new liquor sales locations. participate in the “wine on shelves” model For more information, see policy directives where you’ll find the newest policy directives requests must be entered in advance of the send both pages of the renewal application. nor be able to sell wine directly to Special 15-05 (Conversion of Independent Wine and up-to-date Terms and Conditions guides. event being held. Timelines vary – see your For the “store within a store” model, LCLB cannot accept credit card payment over Occasion Licence holders. Store) and 15-01 (Liquor in grocery stores, Terms and Conditions Guide for details. existing Licensee Retail Store (LRS) Among the key recent changes are: the phone unless we’ve received your com and minimum distances) or visit: - licence holders are able to apply to relo- For the “wine on shelves” model, only exist- www.pssg. • enabling liquor sales in eligible grocery If you haven’t used OneStop before, please pleted renewal form. cate to an eligible grocery store. ing Vintners Quality Alliance (VQA) and gov.bc.ca/lclb/policy/relocation stores, contact our OneStop Help Desk at 250 952- • online applications for Special Occasion 7039 (Victoria area callers) or 1 888 544- OneStop Business Registry: www.bcbusi- Licences, 0443 (toll-free in B.C.). You will be emailed nessregistry.ca/index.htm • mandatory display of social responsibility Terms and Conditions Clarified Policy Updates material in licensed establishments, and • new requirements for Serving It Right train- Be sure to Renew your Licence on Time! Every day, our staff and inspectors help While your club or hotel may offer an “open The Liquor Control and Licensing Branch ing for food primary licensees and others. licensees to clarify the rules around bar” service, you must specify the quantity issues policy directives to alert licensees operating an establishment. Here are and it cannot be unlimited. More changes are coming, now that the new of any changes to operating rules. These some recent topics and trends of note. directives may affect your establish- Liquor Control and Licensing Act received Observe the maximum pours Be sure to check out our Terms and ment. Here are some directives issued Royal Assent in May 2015. We are working All servers should be aware of maximum Conditions guides for full information. since summer 2014: hard to develop the regulations needed to serving sizes for different types of liquor. bring the new Act into force. If you have any Don’t post pictures of inspectors Remember that pitchers of beer and bottles • 15-04 New regulations regarding the suggestions for changes to the regulations, Recently, there have been a few cases of wine cannot be served to a single patron length of time to keep records feel free to contact your industry association. where licensees have posted photos – they must only be served to two or more • 14-16 Endorsements for licensees We consult with them as part of the process, of inspectors and minor agents within persons. Meanwhile, a whole bottle of who operate ski hills or golf courses to and we count on them to reflect your views. their establishment. This is prohibited, distilled liquor cannot be sold to patrons, extend activities to outdoor areas up to Policy updates we’re working on include: just as alerting staff or patrons of the even if the bottle is kept behind the bar. This 26 times a year • broadening eligibility for liquor sales at presence of an inspector or agent is “hosted bottle service” is not permitted. • 15-06 Liquor Distribution Branch may not permitted. The reason for this is to place advertisements regarding govern- farmers’ markets, Get approval for structural changes ensure the personal safety of inspectors ment liquor stores • allowing manufacturers to offer patrons If you are making changes to your existing liquor that was not produced on site, and minor agents. Remember, the pur- • 15-01 Liquor in grocery stores, and Every liquor licensee in British Columbia If your mailing address, fax or email approved plan, be sure to let LCLB know • developing a process to auction the oppor- is required to renew their liquor licence address has changed, inform us in writ- pose of inspections is to protect public changes to the 5 km rule for liquor tunity to apply for licences for the sale of first. Any new construction such as adding a once a year, and pay the annual licence ing (signed by a shareholder or owner). safety and ensure compliance with the retail relocations 100% BC wine in grocery stores, and lounge or patio, altering entrances and exits, renewal fee. Fax a change of contact request to 250 law. Posting pictures or alerting staff or • 14-18 Process for notification for • reviewing the penalty schedule. or changes to the size or location of the 952-7066. Be sure to include your liquor patrons to an inspection could lead to a all-ages, liquor-free events at liquor As a courtesy, we send renewal notices liquor service bar, must be approved. To learn more about the status of Liquor licence number. contravention. primary licensees and manufacturers two months before your renewal is due. Policy Review policy changes, check out our The law requires pre-approval of structural with a lounge endorsement If you did not receive a renewal notice For more information, see the renewal Unlimited bar service is not permitted web page. Go to www.pssg.gov.bc.ca/lclb/ alterations because it affects the- estab by fax, email or postal address, it is section in the If You Have a Liquor With wedding and party season under- index and click on the Liquor Policy Review lishment’s floor plan and, in some cases, likely that we do not have your correct Licence section of our website: way, clients may ask for establishments For additional information and to see icon. to offer “unlimited service” during the the person capacity. Be sure to submit a all the directives, visit us at www.pssg. address. www.pssg.gov.bc.ca/lclb/haveaLL/ Structural Change Application and receive renewing time of the event for a flat rate. Note gov.bc.ca/lclb/resources/index Douglas S. Scott approval prior to going ahead with any work. Page 205 of 221 Assistant Deputy Minister and General Manager that such service is not allowed. 2 3 13.10 LCLB Summer Newsletter

v Issue 9 SOL Events: What Manufacturers Need to Know Liquor Line Summer 2015 Liquor tasting events are popular with both Liquor Control & Licensing Branch Newsletter customers and manufacturers alike. If you are hosting a tasting, read on to learn how to licence the event. Most Sellers, Servers to Obtain Serving It Right Training On-site events can be held in an endorsed All liquor licensees in British Columbia aircraft while it is on the lounge or tasting room, and must follow all should be aware of new requirements for ground in B.C. Ferment the rules of that endorsement. A SOL cannot having responsible beverage service train- on Premises licensees, be used to temporarily extend the hours of a ing (Serving It Right program). managers and staff licensed area, unless the SOL holder is an inde- continue to be exempt As of Sept. 15, 2015, most people who sell pendent party, and the manufacturer tempo- from Serving It Right or serve liquor – including those in food rary suspends the existing endorsement. requirements. primary establishments – will be required to If a tasting event includes products from other Servers work for the SOL holder both small and large SOL events will need the have completed the training and obtained As of Sept. 15, 2015, all manufacturers, or if the event is to be held in Special Event Server certificate, unless they certification. Furthermore, re-certification Serving It Right certifi- an unlicensed part of the property, the manu- When a tasting event is held under a SOL, the already hold a valid Serving It Right certificate. will be required every five years. cates will have a five-year facturer must apply for a SOL and temporarily servers are considered staff of the SOL holder, validity period, after Under the new rules, all licensees, manag- suspend their existing endorsement. even if those staff are employees of the manu- Remember, manufacturers or agents may which they will expire facturer. This means that any contraventions only donate liquor for fundraisers when all ers, and servers in most establishments For off-site events, manufacturers and their and need to be renewed. would impact both the manufacturer/agent proceeds from the event will be directed to a where liquor is served or sold directly to the agents may obtain a SOL only if they are the Any existing certificates and the SOL holder. charitable purpose. Note that all liquor served public must have Serving It Right certifica- only manufacturer or agent present. If more without an expiry date at a SOL event must be transferred to the SOL tion. Previously, some of these groups were than one licensed manufacturer or agent par- Manufacturers should also note new require- will be deemed to have holder, typically by invoice or receipt. exempted from having certification. Serving It Right teaches essential skills. Photo: go2HR ticipates, the host of the event must apply for ments coming into place Sept. 15, 2015 for expired on Sept.15, 2020. Liquor store staff who will require Serving the SOL. liquor service. All paid and unpaid servers at Serving It Right is a self-study course that To obtain a Serving It Right certificate, candi- It Right certification as of Sept. 15 include: educates licensees, managers and servers dates take a course and must pass an exam. managers and staff at BC Liquor Stores and Did you Know? about their legal responsibilities when serv- The course material is free but payment is Caution Needed for Farmers’ Markets duty free stores, licensees, managers and Since April 2015, all applications for Special ing alcohol, and provides techniques to help required to write the exam either online ($35) staff of wine stores (except sacramental Occasion Licences have been processed prevent problems related to liquor service, or using the print option ($40). wine stores), and agents and staff at rural In June 2014, manufacturers began applying differently from a farmers’ market. Manufac- through a new online service, called Special such as over-service. It is administered by agency stores. Online: www.servingitright.com to sell products at farmers’ markets. To date, turers are not eligible to have on-site festival Occasion Licences Online (SOLO) at go2HR, the tourism industry’s human resource nearly 130 manufacturers have been granted stores. Only wine stores and Licensee Retail Servers who will require Serving It Right association. Special Event Server course authorizations to sell at markets across the Stores can create temporary stores at tasting- www.solo.bcldb.com all serv Requirements for responsible beverage ser- certification as of Sept.15 include: - The course has been updated to include province. However, some applications cannot focussed food and beverage festivals. ers at food primary establishments, unpaid vice training are also coming into effect for be granted because the market doesn’t meet information about Canada’s low risk drinking 3. Free samples are permitted. servers at Liquor Primary Clubs, and flight holders of Special Occasion Licences (SOL). the program criteria. Here are some points to guidelines, the social and health costs of alco- Under the farmers’ market authorization, Contact Information attendants serving alcohol on board any keep in mind: hol and why alcohol is regulated. An abridged version of Serving It Right, called manufacturers can offer samples – but samples Phone (Weekdays, business hours) the Special Event Server (SES) program, has 1. Not all markets must be provided for LCLB Headquarters been designed for those serving liquor at SOL are true farmers’ free, and only in limited - Direct: 250 952-5787 (Victoria area) Alcohol Sense Display now Mandatory events. This course and exam must be com- markets. volumes. Patrons must - Toll-free: 1 866 209-2111 (B.C. only) In spring 2015, licensees received a package of pleted by Sept. 15, 2015 : Licensing Help Desk: 250 952-7049 A real farmers’ mar- sample within the sales posters and tent cards promotingAlcohol Sense, • all SOL licensees and managers at events ket has an emphasis area, and not remove Renewal Help Desk: 250 952-7039 with fewer than 500 people, and SOLO Help Desk: 1 855 999-7656 an online resource about responsible alcohol on and is made up them from the sales consumption that includes tips for parents in • all servers (paid or volunteer) who work at a entirely of local - pro area to other areas of Email talking to their children about drinking. SOL event, regardless of size. duce and related farm the market. Remember, Questions: [email protected] products that people it’s up to all licensees Applications: liquor.licensing@gov. All licensed establishments and liquor retail Those who already hold a valid Serving It Right make, bake or grow to ensure their activi- bc.ca stores that sell or serve liquor to the public are certificate do not need to take the Special and does not include ties are compliant with Website required to display at least one item from the Event Server program. The Serving It Right certificate continues to be required for licens commercially made A farmers’ market features local produce and farm products liquor policy. www.pssg.gov.bc.ca/lclb package. The period of voluntary compliance has - products or services. To learn more, see the www.solo.bcldb.com now come to an end, and liquor inspectors will ees and managers at SOL events attended by Flea markets and commercial markets are not following Policy Directives: be checking for the display requirement. To learn 500 or more people. Course materials are free Mail whether you register online or not. The cost farmers’ markets as set out by liquor policy. • Farmers’ markets: www.pssg.gov.bc.ca/lclb/ Liquor Control and Licensing Branch more, see Policy Directive 15-03. Download It’s up to the manufacturer to make sure a docs-forms/policy-directive-2014-11.pdf PO Box 9292 Stn Prov Govt Alcohol Sense posters from the LCLB website, or for the online exam is $20. market fits the rules. • Temporary stores: www.pssg.gov.bc.ca/lclb/ Victoria BC V8W 9J8 contact us. Online: www.specialeventserver.com docs-forms/policy-directive-2014-12.pdf 2. A farmers’ market is not the same as a In Person You might not see it, but • Farmers’ markets in indoor, licensed places: 4th Floor 3350 Douglas St. You can still talk about it. Find Alcohol Sense online at food and beverage festival. Healthy choices about alcohol and moderation begin by having a www.pssg.gov.bc.ca/lclb/docs-forms/policy- Victoria BC conversation with your kid – because you’re the best resource they www.HealthyFamiliesBC.ca A food and beverage festival is licensed have. If you’d like some help getting started, visit AlcoholSenseBC.ca

Page 206 of 221 directive-2014-21.pdf

4 1 Elk Valley Transit Ridership Report 2015

2015 2014 2013 Month Passengers Passengers Passengers January 580 738 708 February 540 666 655 March 548 657 640 April 566 762 739 May 554 751 810 June 716 542 395 July 518 553 448 August 455 421 September 616 678 October 704 854 November 568 667 December 544 559

13.11 Elk Valley Transit Ridership Report Page 207 of 221 Suzanne Garand

From: Mary Giuliano Sent: Thursday, September 10, 2015 1:05 PM To: Suzanne Garand Subject: FW: show support for Remembrance Day

Under info at the next agenda please, thank you From: [email protected] [mailto:[email protected]] Sent: Wednesday, September 09, 2015 11:43 AM To: Mary Giuliano Subject: show support for Remembrance Day

You have received an email from LS Grounds via the Fernie website Contact Us form.

Topic: show support for Remembrance Day Name: LS Grounds Email: [email protected] Phone: 250-363-3422 Message:

Good Day,

Each year the military newspapers produce special Remembrance Day editions to honor those who have given their life in service to Canada, and those who currently protect our country

We extend to you an invitation to show your support to the troops of the past and present by purchasing an ad i n one or more of these special Remembrance Day editions.

May we forward more information on this opportunity?

LS Grounds, BP

Advertising Assistant Local & National Advertising Lookout Forces Newspaper Department of National Defense / Government of Canada [email protected] Tel: 250-363-3422 www.lookoutnewspaper.com

1

13.12 2015-09-09 Ad Request re Remembrance Day Page 208 of 221

Please join

Honourable Minister of Small Business and Red Tape Reduction

and

The Small Business Roundtable

For a presentation of the winners of:

Open for Business Awards

UBCM Annual Convention Vancouver Convention Centre 999 Canada Place, Meeting Room 1 Vancouver, B.C.

3:15 pm – 4:45pm Tuesday, September 22, 2015

Please RSVP by September 18th to: The Small Business Roundtable Secretariat

Telephone: (250) 952-0403 Fax: (250) 952-0113

Email: [email protected]

13.13 UBCM Invitation Minister Oakes Page 209 of 221 //" , MLA l’ (Coquit|am-Maillardville) Victoria Ollieez Room 201 Parliament Buildings Victoria, BC VBV1X4

_ Community Office:

P"°V'"°° °f 102 — 1103 Austin Avenue British Columbia Coquitlam, BC v3K 3P5 Legislative Assembly Telephone: 604 933-2001 Facsimile: 604 933-2002

Selina Robinson, MLA (Coquil|am-Maillardville)

August 24, 2015

Mayor Giuliano and Council City of Fernie Box 190 Fernie, BCVOB1M0

Dear Mayor Giuliano and Council,

I hope that you've enjoyed the summer and you had an opportunity to take a break. I am writing to remind you that my caucus colleagues in the Official Opposition are available and eager to meet with you at the upcoming Union of BCMunicipalities annual conference in Vancouver, September 22-25.

As the Opposition Spokesperson for Local Government, former City Councilor for Coquitlam, and past Executive member of the Lower Mainland LocalGovernment Association, I continue to be passionate about strengthening our communities through local leadership. I believe that local government is closest to our constituents and has the knowledge and flexibility to be most responsive to community needs.

I have been paying close attention to your successes and your challenges. This past spring I travelled to all five area association meetings to hear directly from you about the issues facing your communities. I heard concerns related to aging infrastructure, offloads to local governments, and the sometimes difficult relationship between local and other orders of government. At every area association meeting, I saw the passion and commitment you all have for your communities. Thank you for bringing that to your role. It really does make a difference.

I would love the opportunity to meet with you at the UBCM.Ifyou would like to set up a meeting with me or any of my colleagues, please contact Elena Banfield at 250-952-7647 or elena.banfie|[email protected]. Enclosed is a list of all Opposition MLAsand their Spokesperson areas, so you know who works on issues important to your community. Also, please join us for the Official Opposition UBCMBreakfast for all delegates on Friday, September 25, at 6:45 AM at the Fairmont Waterfront Hotel. We look forward to seeing you there.

Allthe best,

Selina Robinson, MLA Opposition Spokesperson for LocalGovernment

UHIFOR >.UnIon emu. ®

13.14 UBCM Meeting Invite Opposition MLA Opposition Spokespe... Page 210 of 221 and the New Democrat Opposition Team

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Jane snln, MLA NicholasSlmbns, MLA Shane Slmpsa?, MLA ElalreYmvana.MLA Bumabylnugheed Powell K»Sunshina caasi VancDuvu—Nas\ings Norlh Island Dapmymda, ln-imigiaxian coaml Emnomic Devrbprrlenl. Ernnamk DevelopmentJabs. Tlanxponallon and Mvlllcuilurallsm SmalllnslnesxAn alld?llrllle Labourand Skills,Camus Chair ln?asirutlule.5.: Fenles ac Yransll

New Democrat OfficialOpposition 250 387 3655 Room 201 Parliament Buildings www.bcndpcaucus.ca Victoria V8V1X4 ndp@|eg.bC.Ca OFWCML 0F‘P05lTl0N

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13.14 UBCM Meeting Invite Opposition MLA Opposition Spokespe... Page 211 of 221 Suzanne Garand

From: Sheryl Zral Sent: Friday, September 11, 2015 10:29 AM To: Suzanne Garand Subject: FW: New Requirements for Provincial Transfer Program; Convention Updates

From: Union of BC Municipalities [mailto:[email protected]] Sent: Wednesday, September 09, 2015 11:48 AM To: Sheryl Zral Subject: New Requirements for Provincial Transfer Program; Convention Updates

Having trouble viewing this e-mail? Click here

Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. UBCM Newsletter Header Small

New Requirements for Provincial Transfer September 9, 2015 Program

Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet. Effective September 1, 2015, updated program requirements are in place for UBCM Logo all communities participating in the Municipal & Regional District Tax (MRDT) program, including changes to application, renewal and reporting requirements. Communities are now also able to apply to increase the MRDT from 2% to 3%. Read more

Wood Stove Exchange Funding Available

Right-click here to download pictures. To help protect your privacy, Outlo ok prevented automatic download of Applications are now being accepted for the 2015 Provincial Wood Stove this picture from the In ternet. twitter-icon Exchange. This program provides funding to promote the replacement of old Follow us on Twitter high polluting wood stoves with cleaner heating options and provides tips to encourage the efficient operation of wood-burning appliances. Read more Final Week for Online Convention Registration Right-click here to download pictures. To help pro tect your privacy, Outlook prevented automatic download of this picture from the Internet.

UBCM's 2015 Convention is only a few weeks away, so our online registration will be closing on September 11. If you have a change to an existing registration, please email [email protected] . After September 11, all registration requests will be handled on-site and in person at the Registration Services Office located in the Coat Check at the Vancouver Convention Centre. Derek Edwards to Highlight Convention Banquet

Canadian comedian Derek Edwards will be sharing his unique brand of rural humour with delegates attending the 2015 UBCM Convention banquet. Edwards is the only Canadian winner of the prestigious Vail International Comedy Competition, is a two time Gemini nominee and has been nominated

numerous times as Best Standup Comic at the Canadian Comedy Awards. Derek's numerous TV credits include The New Red Green Show, A&E's Comedy on the Road, Just For Laughs, and CBC's Comics. Read more

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13.15 UBCM Newsletter - The Compass Page 212 of 221

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Union of BC Municipalities | 60 - 10551 Shellbridge Way | Richmond | BC | V6X 2W9 |

Canada

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13.15 UBCM Newsletter - The Compass Page 213 of 221 Sheryl Zral

From: Union of BC Municipalities [[email protected]] Sent: Wednesday, August 26, 2015 1:01 PM To: Sheryl Zral Subject: Energy Efficiency Working Group, C2C Forum and Climate Leadership Plan

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Nominations Open for Energy Efficiency August 26, 2015 Working Group

UBCM has been invited to participate in a provincial working group on energy efficiency requirements for large and complex buildings ('Part 3' buildings in the BC Building Code). Three representatives and three alternates can be nominated to join the working group. Read more

C2C Forums: Relationships and Reconciliation

The Truth and Reconciliation Commission's "Calls to Action" document, Follow us on Twitter released in June of this year, identifies specific, practical steps to repair the relationship between Aboriginal people and the rest of Canada. UBCM's Regional Community to Community (C2C) Forum program provides assistance to help build strong foundations for such relationships here in B.C. Read more Climate Leadership Plan Deadline Extended

The Province is currently developing a new Climate Leadership Plan to move forward with provincial climate action commitments. Individuals and organizations wishing to provide written submissions about their vision for BC's new climate action plan now have until Monday, September 14, 2015 to offer input. Read more

© Copyright Union of British Columbia Municipalities 2015

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13.16 UBCM Newsletter - The Compass Page 214 of 221 Page 1 of 2

From: Union of BC Municipalities [[email protected]] Sent: Wednesday, September 02, 2015 2:34 PM To: Sheryl Zral Subject: C2C, Housing, Funding and Pest Management

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Community to Community Forum September 2, Intake Announced 2015

The Fall intake for the 2015/16 Regional Community to Community (C2C) Forum is now open. First Nations and local governments may apply for up to $5,000 in matching funds to bring together elected officials from neighbouring communities to discuss common goals and pursue opportunities for joint action. Read more Indigenous Cultural Competency Training Now Available

The Truth and Reconciliation Commission's recently released "Calls to Action" document urges all levels of government to Follow provide skills-based intercultural competency training to public us servants. The UBCM First Nations Relations Committee has on been working with the Provincial Health Services Authority in Twitter BC since February 2015 to provide an Indigenous Cultural Competency (ICC) Training module for BC elected officials and local government staff. The pilot cohort will begin on September 28. Read more 2015 Affordable Housing Series

The second webinar in the 2015 Affordable Market Housing Webinar Series will be held on September 24th. The Calgary based non-profit organization, Attainable Homes, will discuss how entry-level homebuyers can achieve home ownership. Read more Animals in Overheated Vehicles Survey

At the 2014 UBCM Convention, a resolution was passed requesting government action to enable local governments to enact bylaws allowing rescue of dogs left in overheated vehicles. In a recent Government of British Columbia news release, the Province has committed to reviewing and discussing the issue. Read more Funding & Resources Update

Each month we provide an update on UBCM funding programs and information on other programs or resources that may be of interest to local governments and First Nations. Read more

file:///O:/Admin/Agendas/%20Regular%20Agenda/2015%20Regular%20Agenda/2015-09-... 9/4/2015

13.17 UBCM Newsletter - The Compass Page 215 of 221 Page 2 of 2

Proposed Changes to the Integrated Pest Management Regulation

The Ministry of Environment is proposing changes to the Integrated Pest Management Regulation relating to the sale and cosmetic use of pesticides. The proposed revisions are designed to ensure that: pesticides will be used by people with knowledge and training; pesticides will be used as part of an integrated pest management process; and that public interaction with pesticide vendors at the point of sale will increase. Deadline Nearing to Submit RCMP Contract Feedback

In March 2012, the Province and the federal government signed the current 20-year RCMP contract. It calls for a review of substantive matters at five-year intervals. While the five- year period ends in April 2017, issues that local governments wish to submit to the Province for consideration as part of that review must be submitted well in advance. Read more

© Copyright Union of British Columbia Municipalities 2015

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Union of BC Municipalities | 60 - 10551 Shellbridge Way | Richmond | BC | V6X 2W9 | Canada

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13.17 UBCM Newsletter - The Compass Page 216 of 221 Suzanne Garand

From: Mary Giuliano Sent: Tuesday, September 01, 2015 9:49 AM To: Suzanne Garand Subject: FW: Special Invitation to Mayors & Councils attending UBCM 2015 September Attachments: Invitation to Mayors and Councils.pdf

Another info item

From: Karen Philp [mailto:[email protected]] Sent: Friday, August 21, 2015 3:14 PM To: Mary Giuliano; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]' Cc: Jim Hendricks; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]' Subject: Special Invitation to Mayors & Councils attending UBCM 2015 September

Hello Mayor Guiliano, Mayor Juras, Mayor McCormick, Mayor McDougall, Mayor Pratt, Mayor Reinhardt, Mayor Taft & Regional Director Crane & Regional Chair Gay;

As you may know, 1 in 10 of the citizens living in Fernie, Canal Flats, Kimberley, Sparwood, Cranbrook, Radium Hot Springs & Invermere is affected by kidney disease. There is no cure, and only a kidney transplant helps people live well & able to contribute to their family & community. If you & your Council are attending UBCM this year, we hope you will join us for a glass of wine & appetizers during our very special Mayors & Councils: Saving Lives Through Organ Donation Reception immediately after UBCM ends on Thursday. We’re just upstairs in the Coal Room of the Pan Pacific Hotel, so not far to walk!

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13.18 UBCM Kidney Foundation Invitation Page 217 of 221 Phone: 604-736-9775 ext. 224 Toll Free: 1-800-567-8112 Cell: 604-817-5900 Who are you walking for? Register for your local Kidney Walk at www.kidneywalkbc.ca These simple steps could save a li fe.

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13.18 UBCM Kidney Foundation Invitation Page 218 of 221 13.18 UBCM Kidney Foundation Invitation

The Kidney Foundation of Canada, BC & Yukon Branch invites you to a special Reception & Awards Presentation

MAYORS AND COUNCILS: SAVING LIVES THROUGH ORGAN DONATION

Special Citizen’s Leadership Award presentation to The Honourable Amrik Virk, Minister for Technology, Innovation and Citizens’ Service

DURING UBCM 2015, PLEASE JOIN US FOR COCKTAILS & HORS D’OEUVRES

Thursday September 24 | 4:00 – 6:30 pm Coal Harbour Room, Pan Pacific Hotel (next to the Vancouver Convention Centre East)

Kindly RSVP to Karen Philp by September 18 at [email protected] Page 219 of 221

Logyn Awaiting Kidney Transplant fernie city hall

From: NDP Sent: Wednesday, September 09, 2015 5:17 PM Subject: From MLA Selina Robinson - Opposition Committee for Agriculture and Food UBCM meeting. Attachments: MEDIA RELEASE - Opposition Committee for Agriculture and Food coming to ....pdf

Dear Mayor and Councillors,

We are a few weeks before the 2015 UBCM and I hope to have a chance to touch base and to hear from you about some of the activities that are going on in your community when we all gather in Vancouver.

I thought I would take this opportunity to let you know that the Opposition Committee for Agriculture and Food has been able to secure space and a meeting time on Tuesday Sept 22 at the Waterfront Hotel. If you have some thoughts or concerns related to agriculture and food in our Province, here’s an opportunity to present to this committee. Details are in the media release that is attached.

I look forward to seeing you soon.

Selina

Selina Robinson , MLA -Mrdve Opposition Spokesperson for Local Government and Sports 102-1108 Austin Avenue ouitlam 5 hone: 604-9-2001 a: 604-9-2002 mail: [email protected]

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13.19 MLA Robinson UBCM Email re AgriFood Page 220 of 221

Chair Vice Chair Lana Popham, MLA Vicki Huntington, MLA Parliament Buildings Parliament Buildings Victoria, BC V8V 1X4 Victoria, BC V8V 1X4 Phone: 250 479‐4154 Opposition Standing Committee for Phone: 604 940‐7924 Email: [email protected] Agriculture and Food Email: [email protected]

MEDIA RELEASE

For Immediate Release Sept 2, 2015

Opposition Committee for Agriculture and Food coming to Vancouver

Victoria, BC ‐ The Opposition Standing Committee for Agriculture and Food will be in Vancouver on Tuesday, September 22, during the UBCM 2015 convention to hear presentations on issues affecting agriculture and food in the Lower Mainland and from across the province.

“This is the committee’s fourth public meeting and I’m excited to hear what elected representatives from across the province have to contribute,” says committee chair Lana Popham. “With the focus at UBCM on local government, this is an opportunity for elected officials to discuss agricultural issues facing their communities.”

The Opposition Committee was established in response to concerns that the B.C. government was not taking a balanced approach in the creation of its agriculture and food policies. The committee is made up of five Opposition MLAs and one Independent. It is the first committee of its kind in British Columbia.

“We would like to hear from anyone who is interested,” says committee vice chair and Independent MLA Vicki Huntington. “We want to better understand how the government’s current agriculture strategies are affecting the Lower Mainland, as well as different municipalities across the province.”

The committee is holding a public meeting in Vancouver on Tuesday, September 22nd. Anyone interested in participating may email [email protected] or call 250‐479‐4154 to arrange a time. The meeting will be held at the Cheakamus Room at the Waterfront Hotel, 900 Canada Place Way.

Presentations should be approximately 10 minutes in length.

‐30‐ Media Contact: 250‐952‐7596

Robin Austin (Skeena), (Burnaby ‐ Edmonds), (Kootenay West), (Powell River ‐ Sunshine Coast)

13.19 MLA Robinson UBCM Email re AgriFood Page 221 of 221