Capital Regional District Bylaw No. 3743

CAPITAL REGIONAL DISTRICT

BYLAW NO. 3743

A BYLAW TO ESTABLISH A SERVICE FOR THE PURPOSE OF HARBOURS ENVIRONMENTAL ACTION

WHEREAS:

A. The Regional Board of the Capital Regional District may establish a service the Board considers necessary or desirable for all or part of the Regional District;

B. The Capital Regional District Core Area Liquid Waste Management Plan approved by the Minister of Environment contains a commitment by the Capital Regional District to coordinate harbour environmental protection and improvement efforts;

C. The Board of the Capital Regional District wishes to establish a service to protect and improve the environmental quality of Portage Inlet, Gorge Waterway, Victoria Harbour, Esquimalt Harbour and Esquimalt Lagoon;

D. The consent of the participants is not required under Section 24(7) of the Environmental Management Act; and

E. The approval of the Inspector of Municipalities has been obtained under Section 801(1)(a) of the Local Government Act.

NOW THEREFORE the Regional Board of the Capital Regional District in open meeting assembled enacts as follows:

1. Service

   The Service being established and to be operated is a service for the purpose of coordinating and implementing harbours environmental protection and improvement initiatives within Portage Inlet, Gorge Waterway, Victoria Harbour, Esquimalt Harbour and Esquimalt Lagoon, including:

   a. Monitoring, mapping, reporting and public education on issues relating to the marine and shore area environments; b. Coordination and collaboration with public authorities and other persons on issues relating to the marine and shore area environments; and c. Implementing programs related to rehabilitation and improvement of the marine and shore area environments.

2. Service Area Boundaries

   The boundaries of the service area are coterminous with the boundaries with the combined areas of the City of Colwood, Township of Esquimalt, District of Langford, District of Saanich, City of Victoria and the Town of View Royal.

3. Participating Areas

   The participating areas are the City of Colwood, Township of Esquimalt, District of Langford, District of Saanich, City of Victoria and the Town of View Royal.

4. Cost Recovery

   As provided in Section 803 of the Local Government Act, the annual cost of providing the Service shall be recovered by one or more of the following:

   a. Property value taxes imposed in accordance with Division 4.3 of Part 24 of the Local Government Act; b. Fees and charges imposed under Section 363 of the Local Government Act; c. Revenues raised by other means authorized by the Local Government Act or another Act; d. Revenues received by way of agreement, enterprises, gift, grant or otherwise.

5. Cost Apportionment

   a. The annual costs for the service, net of grants and other revenues, shall be apportioned on the basis of the population of the participating areas; and b. Population, for the purpose of this section, is the population estimate as determined annually by the Regional Planning Services department of the Capital Regional District.

6. Maximum Requisition

   The maximum amount that may be requisitioned under Section 803 for the Service will be the greater of:

   a. Two hundred and seventy-five thousand dollars ($275,000); or b. An amount equal to the amount that could be raised by a property value tax rate of $0.0053 per ONE THOUSAND DOLLARS ($1000.00) which when applied to the net taxable value of the land and improvements within the Service Area, will yield the maximum amount that may be requisitioned for the Service.

7. Expiration Date of this Bylaw

   This bylaw will be in force and effect from the date of its adoption until midnight on December 31, 2012.

8. Citation

   This Bylaw may be cited as the Harbours Environmental Action Service Establishment Bylaw No. 1, 2010.