Attachment 2: Letter from Mayor David Screech to Minister Trevena

Re: File reference 286501 – handyDART Facility

We are in receipt of your letter dated June 17, 2019 regarding the imposition and development of the handyDART facility on lands within the Town of View Royal (2401 Burnside Road West) contrary to land use zoning described in the Town’s bylaws.

We further understand that the Ministry of Transportation & Infrastructure (the Ministry) intends to unnecessarily designate the subject property arterial highway to take advantage of section 14(2) of the Interpretation Act. We understand that the statute is broad enough without developing and constructing improvements on an arterial highway.

Based on the engagement of the general public and Town Council regarding the 2018 BC Transit handyDART facility application, your intentions are in direct opposition to the wishes of the Town of View Royal and the neighbourhood surrounding the subject property.

In addition, the use of 14(2) is not consistent with commitments made by the Provincial Government when petitioned by the Union of BC Municipalities in 2001. We have attached the details of resolution B36, 2001 and the commitment that Crown corporations should abide by local zoning and land use bylaws.

We recognize that the proposed handyDART location has significant benefit to the region and BC Transit. We are concerned that the development is not supported by our community and comes with significant issues that ordinarily are addressed as part of the development and approval process.

We look forward to meeting with representatives from the Ministry and project proponent, BC Transit, to discuss the process moving forward.

Sincerely,

Mayor David Screech

Enclosure

cc. Honourable John Horgan, Premier of British Columbia Ms. Mitzi Dean, MLA Esquimalt-Metchosin Ms. Erin Pinkerton, BC Transit Town of View Royal Council

Union of BC Municipalities 2001 Resolution Number B36: “Interpretation Act”

sponsored by the City of North Vancouver

WHEREAS Section 14.2 of the Interpretation Act explicitly exempts the Crown and Crown Corporations from being bound by local bylaws regarding land use, development and improvements;

AND WHEREAS over the last three years the Provincial Government has made amendments to the Local Government Act promising the empowerment of local governments;

THEREFORE BE IT RESOLVED that the UBCM petition the Provincial Government to amend the Interpretation Act to make Crown Corporations or their agents subject to municipal and regional district rules.

Provincial Response:

MINISTRY OF COMMUNITY, ABORIGINAL AND WOMEN’S SERVICES

The provincial government has committed that crown corporations should abide by local zoning and land use bylaws. To this end, the Premier has written to the Chief Executive Officers of all crown corporations, requesting they honour this principle in their day-to day operations. As well, the Premier has directed the Crown Agencies Secretariat to work with the crown corporations to address the implications of the commitment. This work is currently underway.