ADMINISTRATIVE REPORT

                                                        Date: July 10, 1995


   TO:       Vancouver City Council

   FROM:     General Manager Corporate Services

   SUBJECT:  Legislation on Railway Taxation


   RECOMMENDATION

        THAT Council  endorse the petition  circulated by the  City of  New
        Westminster as  set out  in the  Appendix to  this report  on   the
        withdrawal of the proposed  changes to the assessment and  taxation
        of  railway properties in the Province, and immediately communicate
        this action to the Premier.


   COUNCIL POLICY

   There is  no  applicable  policy  which  directly  affects  this  issue,
   although  from  time  to  time  Council  has  requested  the  Provincial
   Government  to  respond to  its  concerns by  adopting  or  not adopting
   legislation  which either enables  or precludes  the effective operation
   of the City of Vancouver as a municipal corporation.


   BACKGROUND

   The  assessment and taxation of railway properties has been a issue with
   our national railways for some time. The CN and CP railways have made  a
   case to  the Provincial Government that they are  paying too much tax in
   the  Province  and the  situation  negatively affects  their competitive
   position.  This  contention,  coupled  with  the  recent  elimination of
   subsidies in the  Federal Budget, has caused  the Provincial  Government
   to now introduce legislation  which will reduce  by one-half the  amount
   of property tax paid by these railways over the next four years. 

   The  figures quoted  in a  recent UBCM  circular on the  subject suggest
   that  the current  provincial/municipal  railway  taxation levy  is  $45
   million. The  objective is to  reduce this figure  by approximately  $20
   million through the proposed legislation.

   DISCUSSION

   There has been limited  discussion with municipalities  on the issue  of
   railway taxation. The proposed legislation  as reflected in Bill 55, the
   Miscellaneous Statues  Amendment Act (No.3) for  1995, has  engendered a
   negative reaction  from the UBCM  in terms of  its sudden appearance  on
   the  legislative agenda.  The Province,  however, has  indicated that it
   first wishes  to introduce this  legislation and then  involve the  UBCM
   and local governments in  a series of discussions over  the next several
   months in order to  work out  the details of  how the municipal  railway
   tax reductions will be phased in over the next three years.

   UBCM  has responded to the Provincial Government  in strong terms asking
   them  to  not introduce  legislation  that will  interfere/limit railway
   assessments and/or local  (municipal) taxation powers. The  substance of


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   the UBCM response is reflected in the following points.

   1.   A  Poor Approach  to Problem  Solving  - local  government  was not
        asked to  be  part  of the  solution.  Local  government  has  been
        defined  as "the problem" to be fixed.  A foundation of cooperation
        was not explored.

   2.   Unfulfilled  Expectations -  the 1995  Provincial Budget  led us to
        believe there would  be a  consultation process to  define problems
        and develop solutions - not just consultation on implementation.

   3.   Lead Up  Flawed - the  committee set in  place prior to the  Budget
        was not  used properly and  its mandate and  purpose never  clearly
        established.

   4.   Intrusion on Local Autonomy   - any moves, especially undefined, to
        limit local taxing authorities will  be seen as a major  assault on
        local autonomy.

   5.   A  Short Term  Policy - the  approach taken will  require long term
        government  involvement   in   micro-managing   municipal   railway
        assessment and taxation. It  may be an  appealing approach in  year
        one but by  year 15 will be a very poor way of ensuring the desired
        result.

   6.   Flexibility  May  be Seen  as  Discretion  Which  May  be  Seen  as
        Potentially  Discriminatory - the promise of room  to apply a "tool
        kit" of solutions can also be  viewed as opening the way for  their
        selective use.

   7.   Property Tax  Determined to be  the Only Problem  - the  government
        appears  to  have  determined  that  the  competitive  problems  of
        railways can be fixed through property taxation alone.
   8.   An   Apparent  Intrusion  into   the  Integrity   of  an  Impartial
        Assessment System.

   9.   Erosion of Commitment to BC Rail Grants-in-Lieu.


   A review of the impact that  halving the municipal property taxes on  CN
   and CP  properties would have on  the City's tax revenue  indicates that
   approximately $500,000 would be lost.  This loss of tax revenue will  be
   dependent  on  the individual  municipal  contributions to  this overall
   reduction which  is a point  to be  discussed after introduction  of the
   railway  legislation. Council will remember that the Province's position
   seems to be  that Vancouver has deep  pockets and I see nothing  is this
   railway  proposal  which would  change  that impression.  Council should
   also  be  aware  that railway  trackage  and  ancillary  facilities  are
   already assessed  at Commissioner's  rates in  the Utility  Class. These
   rates  are  established  by  the  Province  through  Regulation  to  the
   Assessment  Act.  Moreover, the  current assessment  rate, approximately
   $3,600  per acre, in  no way represents the  real market  value of these
   properties in Vancouver. 

   Besides having a property  valuation advantage, the railways  are asking
   for a tax advantage as well,  which may come at the expense of municipal
   autonomy in property taxation matters.


   CONCLUSION


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   Since the proposed legislation  changes affecting the taxing  of railway
   properties   is  a  direct  intrusion  into  a  municipality's  property
   taxation  powers, Council is urged to endorse  the attached petition and
   immediately communicate this action to the Premier.




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