Staff Report: Municipal Consent for Bylaw No. 4468 — Capital Regional District Climate Action

Capital Regional District — Report to Board (excerpt)

EPRO2021-027
REPORT TO CAPITAL REGIONAL DISTRICT BOARD
MEETING OF WEDNESDAY, OCTOBER 27, 2021

SUBJECT
Bylaw No. 4468, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”

ISSUE SUMMARY

The need to increase the maximum allowable requisition for the Capital Regional District (CRD) Climate Action and Adaptation Service.

BACKGROUND

The Climate Action Program (the Program) was developed through the Climate Action and Adaptation Service Establishment Bylaw, 2008 (Bylaw No. 3510). The CRD Climate Action Service facilitates regional coordination on climate action and provides direct support to municipalities, electoral areas and the CRD in achieving their objectives to reduce energy use and greenhouse gas emissions and prepare for climate change impacts. Staff also provide technical data and scientific expertise, disseminate information and engage community stakeholders on climate related issues.

Since 2010, the Program has been able to leverage over $2.7 million in external funding and grants for climate-related studies and programing in the capital region. The CRD also supports other partners in accessing grant funds to execute regional initiatives.

The Program’s budget is provided through an annual CRD tax requisition on behalf of all of the participants in the capital region. The bylaw’s maximum allowable requisition has reached its limit and cannot accommodate increased service levels associated with implementation of the CRD’s renewed Climate Action Strategy.

The proposed bylaw amends Bylaw No. 3510 to increase the maximum allowable requisition. Pursuant to Section 349 of the Local Government Act (LGA), this bylaw amendment requires the consent of at least two-thirds of the participating area municipalities and electoral areas. Given that the increase is more than 25% over five years, the proposed bylaw also requires Inspector approval.

ALTERNATIVES

Alternative 1

1. That Bylaw No. 4468, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”, be introduced and read a first, second, and third time;
2. That Bylaw No. 4468 be referred to the Inspector of Municipalities for approval;
3. That staff be directed to proceed with elector approval by way of Municipal Council and Electoral Area Director consent.

Alternative 2
That Bylaw No. 4468 be deferred pending further information from staff.

IMPLICATIONS

Service Delivery Implications
This increase of the Service’s budget would enable the Program to execute two new regional programs and increase corporate energy management activities, as outlined in the Climate Action and Adaptation Community Need. If approved, the activities would be included in the final 2022 Board service plan and budget, and begin in 2022. It is anticipated that staff will be able to leverage these funds to access grants and expand programming.

Financial Implications
The proposed bylaw amendment increases the maximum allowable requisition to the greater of $1,737,635 or an amount that could be raised by a property value tax rate of $0.0130/$1,000 net taxable value of land and improvements within the service area. At a maximum, this allowable requisition would result in an increase of approximately $7.61 per average household, based on an assessment of $809,721 in 2021 rates. The actual impact per household depends upon the annual budget as approved by the CRD Board.

Alignment with Existing Plans & Strategies
The bylaw amendment is directly associated with the implementation of CRD’s Climate Action Strategy, which was approved at the October 13, 2021 Board meeting and was developed in response to the CRD Board’s declaration of a Climate Emergency. If this amendment is not approved, staff will need to revise the stated commitments and timelines within the strategy.

Legislative Implications
Modifications to an establishing bylaw require two-thirds consent of participants. The most cost-effective method is consent on behalf by municipal councils and consent in writing by electoral area directors per ss. 346 and 347 of the Local Government Act.

CONCLUSION

A Board directive to respond to a declaration of a Climate Emergency led to the development of an updated Climate Action Strategy. The establishing bylaw has a maximum requisition limit that needs to be raised to implement key initiatives within the strategy. Pursuant to Section 349 of the Local Government Act, the bylaw amendment requires the consent of at least 2/3 of the participating area municipalities and electoral areas, as well as Inspector of Municipalities approval.

RECOMMENDATION

1. That Bylaw No. 4468, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”, be introduced and read a first, second, and third time;
2. That Bylaw No. 4468 be referred to the Inspector of Municipalities for approval;
3. That staff be directed to proceed with elector approval by way of Municipal Council and Electoral Area Director consent.

Submitted by: Kristen Morley, J.D., General Manager, Corporate Services & Corporate Officer
Concurrence: Larisa Hutcheson, P.Eng., General Manager, Parks & Environmental Services
Concurrence: Robert Lapham, MCIP, RPP, Chief Administrative Officer

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Attachment — Appendix A: Bylaw No. 4468

CAPITAL REGIONAL DISTRICT
BYLAW NO. 4468

A BYLAW TO AMEND THE ANNUAL REQUISITION OF THE REGIONAL CLIMATE ACTION AND ADAPTATION SERVICE (BYLAW NO. 3510)

WHEREAS:

A. The Board of the Capital Regional District wishes to amend Bylaw No. 3510, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008”, to increase the maximum amount that may be requisitioned;
B. Pursuant to s. 349 of the Local Government Act (LGA), participating area approval is required and is to be obtained by Municipal Council and Electoral Area Director consent on behalf, per ss. 346 and 347 of the LGA.

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

1. Bylaw No. 3510, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008”, is amended by replacing Section 6 in its entirety as follows:

“6. In accordance with Section 339(1)(e) of the Local Government Act, the maximum amount that may be requisitioned annually for the cost of the Service is the greater of:
a) One-million, seven-hundred-thirty-seven thousand, six-hundred-thirty-five Dollars ($1,737,635); or
b) A property value tax rate of $0.0130 per One Thousand Dollars ($1,000) that, when applied to the net taxable value of land and improvements in the Service Area, will yield the maximum amount that may be requisitioned for the Service.”

2. This Bylaw may be cited as the “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”.

READ A FIRST TIME THIS
__ day of 20__

READ A SECOND TIME THIS
__ day of 20__

READ A THIRD TIME THIS
__ day of 20__

APPROVED BY THE INSPECTOR OF MUNICIPALITIES THIS
__ day of 20__

APPROVED BY TWO-THIRDS OF PARTICIPANTS THIS
__ day of 20__

ADOPTED THIS
__ day of 20__

CHAIR
CORPORATE OFFICER

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CAPITAL REGIONAL DISTRICT
BYLAW NO. 4468

A BYLAW TO AMEND THE ANNUAL REQUISITION OF THE REGIONAL CLIMATE ACTION AND ADAPTATION SERVICE (BYLAW NO. 3510)

WHEREAS:

A. The Board of the Capital Regional District wishes to amend Bylaw No. 3510, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008”, to increase the maximum amount that may be requisitioned;
B. Pursuant to s. 349 of the Local Government Act (LGA), participating area approval is required and is to be obtained by Council and Electoral Area Director consent on behalf, per ss. 346 and 347 of the LGA.

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

1. Bylaw No. 3510, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008”, is amended by replacing Section 6 in its entirety as follows:

“6. In accordance with Section 339(1)(e) of the Local Government Act, the maximum amount that may be requisitioned annually for the cost of the Service is the greater of:

a) One-million, seven-hundred-thirty-seven thousand, six-hundred-thirty-five Dollars ($1,737,635); or

b) A property value tax rate of $0.0094 per One Thousand Dollars ($1,000) that, when applied to the net taxable value of land and improvements in the Service Area, will yield the maximum amount that may be requisitioned for the Service.”

2. This Bylaw may be cited as the “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”.

READ A FIRST TIME THIS
27th day of October 2021

READ A SECOND TIME THIS
27th day of October 2021

READ A THIRD TIME THIS
27th day of October 2021

APPROVED BY THE INSPECTOR OF MUNICIPALITIES THIS
__ day of 20__

APPROVED BY TWO-THIRDS OF PARTICIPANTS THIS
__ day of 20__

ADOPTED THIS
__ day of 20__

CHAIR
CORPORATE OFFICER

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Letter to Mayor and Council (CRD)

Date: November 1, 2021
File: 3900-30

To: Mayor and Council, City of Langford
Attention: Braden Hutchins, Corporate Officer
2nd Floor – 877 Goldstream Avenue
Victoria, BC V9B 2X8
Via email: bhutchins@langford.ca

RE: MUNICIPAL CONSENT FOR BYLAW NO. 4468
CAPITAL REGIONAL DISTRICT CLIMATE ACTION AND ADAPTATION SERVICE ESTABLISHMENT BYLAW, 2008, AMENDMENT BYLAW NO. 2, 2021

The Capital Regional District is seeking municipal consent for Bylaw No. 4468, a bylaw to amend the annual requisition of the regional climate action and adaptation service.

On October 27, 2021 the Capital Regional District (CRD) Board gave three readings to Bylaw No. 4468, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”.

In order to adopt Bylaw No. 4468, municipal consent is required from 2/3rds of participants which include all 13 member municipalities and the 3 electoral areas, by way of Electoral Area Director consent on behalf of electors.

Please have your Council consider the bylaw at an upcoming meeting and return a response to us no later than December 17, 2021. Your Council resolution may be worded as follows:

That Council [consent/not consent] to the CRD adopting Bylaw No. 4468, “Capital Regional District Climate Action and Adaptation Service Establishment Bylaw, 2008, Amendment Bylaw No. 2, 2021”

As background information, please find attached the proposed bylaw and staff report. In addition to municipal Council consideration, the bylaw will be forwarded to the Inspector of Municipalities for approval before returning to the CRD Board for adoption.

In addition, on October 13, 2021 the CRD Board approved a new Climate Action Strategy and directed staff to forward this plan to municipalities and electoral areas for information.

Following a comprehensive planning process that included consultation with both the CRD Climate Action Inter-Municipal Task Force and the CRD Climate Action Inter-Municipal Working Group, this new strategy aligns with municipal priorities and provides clarity on the role the CRD can play as a leader in climate action over the next five years.

The bylaw to amend the annual requisition for the regional climate service we are asking your Council to consider reflects the goals and priorities of this plan. More specifically, this funding is required to execute regional programming related to building energy retrofits and electric vehicle adoption, and to improve energy management in the facilities and infrastructure that provide CRD programs and services to the communities we serve.

Please find the CRD Climate Action Strategy attached as background information for your Council. Additional details, including business cases for the key components of the plan, are available at www.crd.bc.ca/climate.

In order to give your municipality an opportunity to ask questions, our staff would be pleased to meet with your staff and/or Council to share information about this bylaw amendment and the new CRD Climate Action Strategy. If you have questions or would like to request a presentation, please contact General Manager, Parks & Environmental Services Larisa Hutcheson at lhutcheson@crd.bc.ca or by telephone at 250.360.3085.

If you have questions about the approval process, please contact Deputy Corporate Officer Marlene Lagoa at mlagoa@crd.bc.ca or by telephone 250.360.3127.

Sincerely,

Kristen Morley, JD
Corporate Officer
General Manager, Corporate Services

Attachments: Bylaw No. 4468; Staff Report and Appendices; Climate Action Strategy (Updated Oct. 13, 2021); Presentation

cc: Darren Kiedyk, Chief Administrative Officer
David Sametz, Land Development Planner