CAPITAL REGIONAL DISTRICT BYLAW NO. 4304

A BYLAW TO AMEND THE ESTABLISHING BYLAW FOR THE CORE AREA AND WESTERN COMMUNITIES LIQUID WASTE MANAGEMENT SERVICE (BYLAW NO. 2312)

WHEREAS:

A. Under Bylaw No. 2312, Liquid Waste Management Core Area and Western Communities Service Establishment Bylaw No. 1, 1995, the Regional Board converted a service established by Supplementary Letters Patent, Division VII dated December 28, 1967, as amended by further Supplementary Letters Patent, for the function of acquisition, design, construction, operation, maintenance, renewal, and administration of trunk sewers and sewage disposal facilities within all member municipalities of the Regional District except the District of Sooke and the Southern Gulf Islands, and converted such service to the authority of a bylaw under the Local Government Act;

B. The construction of a wastewater treatment plant on January 1, 2021 is Provincially mandated to be completed by the Capital Regional District, and such construction forms part of its liquid waste management plan pursuant to the Environmental Management Act;

C. The service expansion has always contemplated the participation of the Esquimalt Nation and the Songhees Nation as partners of the service participants and has allocated treatment capacity requested by each First Nation;

D. A surcharge will apply when a participant exceeds its allocated treatment capacity, as an incentive to reduce flows or purchase additional treatment capacity, and in transferring treatment capacity, a participant will be compensated for the costs paid and interest foregone; and

E. The Board wishes to amend Bylaw No. 2312 to establish the agreed-upon cost sharing provisions, recognize the Capital Regional District’s partnership with the Esquimalt First Nation and Songhees First Nation, formalize the cost-sharing formula applied for design capacity benefit for capital, land and operating costs, and make other amendments to modernize the establishing bylaw;

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

Bylaw No. 2312, “Liquid Waste Management Core Area and Western Communities Service Establishment Bylaw No. 1, 1995” is hereby amended as follows:

Minor Amendments

(a) In the preamble, replace the references to the Local Government Act as follows: 774.2 with 341; 796 with 332; and 801.4 with 346;

(b) In section 4(1)(a), replacing the reference to Division 4.3 of Part 24 with Division 2 of Part 11;

(c) In section 4(1)(b), replacing the reference to 797.2 of the Local Government Act with 397 of the Local Government Act;

(d) In section 6, replacing the reference to 800.1(1) of the Local Government Act with 339(1) of the Local Government Act;