ADMINISTRATIVE REPORT

                                                                               Date: January 8, 2003

TO:         Standing Committee on City Services and Budgets

FROM:   City Manager

SUBJECT: Property Taxation on Ports and Port Industries: Submission to Province

RECOMMENDATION

THAT Council endorse the statement in Appendix A that presents the collective position of local port host municipalities' on property taxation for port authorities and port-related industries, and that Council instruct the City Clerk to send this statement to the following provincial MLAs: Rick Thorpe, Minister of Competition, Science and Enterprise, Gary Collins, Minister of Finance, George Abbott, Minister of Community, Aboriginal and Women's Services, and Stan Hagen, Minister of Sustainable Resource Management (responsible for the BC Assessment Authority).

COUNCIL POLICY

There is no policy that is directly applicable to this issue, although from time to time Council has provided its perspective to the provincial government on a legislative or policy issue that may impact the effective operation of the City of Vancouver as a municipal corporation, or its financial well-being.

The City of Vancouver and the Vancouver Port Authority (VPA) have a very good working relationship. The guidelines for this relationship are set out in a Charter agreement that was established between the City and the VPA in 1998, which is included as background in Appendix E.

PURPOSE

The purpose of this report is to seek Council endorsement of a statement on the issue of property taxes paid by owners of property within Canadian ports (ie, port authorities and port-related industries) and to forward this statement to the appropriate provincial ministers.

BACKGROUND

As a host municipality to the Vancouver Port Authority and the North Fraser Port Authority, the City of Vancouver provides a full range of municipal services to port properties and related port industries. As with services provided in the rest of the City, our ability to fund these services depends primarily on the property tax system. Where port properties are privately owned, owners are liable for full property taxes. The City also receives full taxes on properties that are owned by port authorities but leased to private concerns on a long term basis. The balance of port property owned and occupied by federally chartered port authorities is exempt from property taxation, however the City does receive payments in lieu of taxes (PILTs) from these port authorities for these properties.

In recent months, the port tenants and property owners have sought to raise public and government awareness about port competitiveness issues, including the potential for changes to municipal property taxation. In response, several host municipalities in the greater Vancouver region that host the Vancouver Port Authority (VPA), the North Fraser Port Authority (NFPA) and the Fraser River Port Authority (FRPA) developed a staff working group to develop a position on property tax changes that could be presented to the province. This statement is intended to represent the position of local government on property taxation that should be considered by the provincial government at the time it is considering any changes to taxation policy in response to industry lobbying.

The city councils of each of the seven municipalities whose staff have participated in authoring this position are being asked to endorse this statement and forward it to the appropriate provincial ministers. These municipalities are: Port Moody, District of North Vancouver, City of North Vancouver, Burnaby, Delta, Richmond and Vancouver.

DISCUSSION

The following reviews additional background related to the issue of the taxation of port property and presents discussion of the rationale for the position being recommended by the staff group.

Canada Marine Act Review

There is currently a review underway of the Canada Marine Act, the federal legislation that governs Canadian port authorities. In October 2002, the City made a submission to the Canada Marine Act Review Panel, which is included here in Appendix B. A summary of the Vancouver Port Authority's submission is in Appendix C. These submissions to the federal review panel are provided as background only; the current report deals with a submission to the provincial government and only on the single issue of property taxes. This undertaking is completely separate from the federal review of the Canada Marine Act.

Industry Position & Lobby Efforts

Over the past two years there has been has been a concerted effort on the part of Greater Vancouver ports and port industries to raise public and government awareness about competitiveness issues vis-à-vis American west coast ports. Their position is that property taxes are a significant impediment to port competitiveness, when compared to their American counterparts, who pay lower property taxes and in certain cases levy their own taxes.

A paper written by Perrin, Thorau & Associates for the BC Ministry of Employment and Investment in early 2001 identified property taxes as "... one of the most significant issues - certainly the most significant issue within provincial jurisdiction ... " relating to ports' competitiveness. In the VPA's recent submission to the federal Canada Marine Act review panel, the payment of PILTs is identified as one of the six main issues they would like addressed in the review (Appendix C).

Competitiveness Factors

Property taxes are one of a great number of factors that impact port competitiveness between the US and Canada, which include:

It is very misleading to make comparisons between Canadian and US ports by isolating any one of these elements, such as property taxes. The status of port competitiveness at a point in time should be assessed as the synthesis of all relevant factors, taking into account the complex interrelationships among them. There has been a large number of studies conducted and reports written on the subject of port competitiveness over the past decade, and a selection of these is listed in Appendix D.

All Canadians Benefit from BC Ports

If it is determined that property taxes are indeed hindering port competitiveness, equity would dictate that any related subsidy would be provided at the federal level, since port authorities are part of a national infrastructure that benefits all Canadians and not just local residents and businesses. The VPA alone contributes $1.6 billion to the national GDP and generates $3.5 billion in economic output, according to their own analysis. It is the provincial and federal governments that are the direct beneficiaries of the economic activity generated by the local ports (via incremental sales, income and excise taxes), as illustrated in the following table.

BREAKDOWN OF TAXES GENERATED BY
VANCOUVER PORT AUTHORITY ACTIVITIES, 2000 ($ MILLIONS)

Federal Government

$366

59%

BC Government

$167

27%

Alberta Government

$18

3%

Saskatchewan Government

$7

1%

Manitoba Government

$9

1%

Property Taxes to Local Governments from VPA & Tenants

$55

9%

Total

$622

100%

Note that property taxes received by municipalities do not increase with greater port economic activity, as do the income, sales and excise tax revenues received by senior governments.

Source: Vancouver Port Authority website, www.portvancouver.com, Economic Impact section.

GVRD Ports Competitiveness Review Task Group

In order to develop a coordinated regional response to the 2001 Perrin, Thorau & Associates report mentioned above, the GVRD Ports Competitiveness Review Task Group was created and chaired by GVRD staff. This group was comprised of representatives from various municipalities, as well as from the Union of BC Municipalities, Translink, senior governments, the Vancouver Port Authority (VPA), and port industry.

Informal Municipal Working Group

In November 2002, District of North Vancouver staff brought together a working group on port issues, whose membership is comprised of a small subset of the members of the original GVRD Task Group, and is limited only to representatives of municipalities that are host to one of the three local port authorities. This group has been created with the objective of quickly developing and delivering a succinct message to the provincial government regarding port taxation, and ensuring that this message reaches the appropriate audience, so that it can be taken into consideration before any changes to taxation policy are considered. The statement in Appendix A of this report was authored by this group.

Precedent for Provincial Intervention in Property Tax Policy: Bill 55

In the early 1990s, the railway industry successfully lobbied the provincial government with the message that they were paying too much tax in BC and that the situation negatively affected their competitive position. This contention, coupled with the elimination of federal subsidies to the industry, resulted a change to provincial legislation that put limits on the property tax paid by rail properties. BC municipalities' tax revenues were significantly affected by Bill 55. Despite the serious consequences for many municipalities in BC, there was little consultation in the development of this legislation.

City of Vancouver Revenues From Ports and Port Industry

Currently the City receives over $3 million in payments-in-lieu-of-taxes from the two port authorities in its jurisdiction, and a significant amount of property taxes from port industries situated on or adjacent to port authority land. A change to provincial property tax policy could affect some of this revenue, which would mean either a drop in tax revenues for the City, or that other property taxpayers would have to pay more to compensate for the lost revenues.

CONCLUSION

The cumulative impact of seven Greater Vancouver city councils endorsing and forwarding the statement in Appendix A to the appropriate provincial MLAs will provide a counter-balance to the recent significant industry lobbying on the issue of property taxation for port authorities and related industries. Cities should continue to receive municipal PILTs/property taxes from port authorities and their tenants, and it is important that provincial decision-makers hear from local governments and understand all of the equity issues involved before considering any changes to tax policy.

* * * * *

 

APPENDIX A
PROPOSED PROVINCIAL SUBMISSION FOR CONSIDERATION
IN ANY CHANGE TO PORT TAX POLICY

SUBMISSION TO THE
PROVINCE OF BRITISH COLUMBIA

PORT COMPETITIVENESS REVIEW

ON BEHALF OF

CITY OF PORT MOODY

DISTRICT OF NORTH VANCOUVER

CITY OF NORTH VANCOUVER

CITY OF VANCOUVER

CITY OF BURNABY

CORPORATION OF DELTA

CITY OF RICHMOND

December 2002

Property Taxation on Ports & Port Industries
Comments for Consideration in Provincial Review

Our ports are significant economic generators for the entire country
We recognise that our local port authorities are very important economic generators for the city, region, province and country, and we value the presence of these industries within our municipal boundaries.

Ports are primarily a federal responsibility
The responsibility of Canadian ports falls under federal jurisdiction - the Ministry of Transportation - and therefore the responsibility of keeping the ports competitive is primarily a federal responsibility. We acknowledge and appreciate that the Minister of Transportation, the Honourable David Collenette, has appointed a four-member expert panel to undertake consultations with stakeholders in an effort to review the Canada Marine Act (CMA) to identify recommendations for improvement.

However, our position is that competitive gains or CMA recommendations should not be at the expense of the host municipalities. The benefits of the ports are realised in all regions of Canada, and the federal government should take the lead role in addressing ports' competitiveness problems, rather than download these responsibilities onto municipalities. Most of the competitiveness issues that have been raised by ports fall under the domain of federal responsibilities, and require subsidy or investment level on the part of the Canadian federal government, as is provided by the US federal government.

The presence of the ports creates real costs for municipalities
There are significant municipal costs associated with the provision of services to ports and port industries, including police and fire services, and land use planning. It is important to note that some of these costs, while significant, are not necessarily direct cash outlays but rather are embedded/implied in peak staffing requirements or potential liability costs associated with emergency response on port lands.

Revenues from property tax and PILTs are crucial for municipalities
In order to help offset the costs of providing services to ports and port industries, it is absolutely necessary that ports and their tenants pay property taxes and payments in lieu of taxes (PILTs) in full and on time. If these revenues were to be decreased or eliminated, this would directly increase the financial burden on other local property taxpayers, and in addition, the provision of municipal services to port authorities and their tenants may ultimately be compromised.

Property taxes and/or PILTs are not the main obstacle to port competitiveness
Because there are so many differences in competitive factors between US and Canadian ports, we cannot just compare property taxes paid by ports in these two countries in isolation. Several factors under the control of the federal government could greatly improve port authorities' and related industries' competitiveness and their ability to make appropriate capital investments, and in dollar terms these would have a much greater benefit to ports than the reduction or elimination of municipal taxes and/or PILTs. These include:

- eliminating the requirement for port authorities to remit an annual stipend based on gross revenues,

- making available a wider range of tools available to port authorities for financing capital investment,

- where appropriate, granting ports the authority to acquire and dispose of real property on behalf of the federal Crown without the necessity of Supplementary Letters Patent, as well as the right to retain the proceeds of sales of federal real property, and

- playing a more strategic role in terms of legislation and investment that would facilitate the development of the comprehensive national transportation infrastructure.

Tax rate capping is not the solution
Municipalities basically have one major source of revenue to finance the services they deliver: property taxes. Any radical change to the property tax system will have extensive consequences for local governments. Municipalities are not structured in a way that lends itself to the use of property tax schemes or incentives to stimulate economic activity. When property tax revenues are decreased, there is no offsetting revenue generated elsewhere for a municipality. By comparison, federal government tax exemptions can be designed to stimulate investment activity, which in turn will generate a net gain via increased corporate income taxes.

A tax class shift is not the solution
The port municipalities do not support the concept of shifting Class 4 major industrial port properties to lower tax rate property classes, such as the light industrial or business class. The outcome of this approach would be only to generate a very significant loss in tax revenues that would have to be borne by the other property classes. Municipalities are going concerns operating with budgets that have been developed over many years, assuming a certain level of taxation from various established sources. Cities financial health rely on these revenue streams being sustained.

An argument that has been put forward port industry lobbyists that the ratio of Class 1 resident tax rates to Class 4 heavy industrial rates is as high as 10 to 1. While this fact is accurate, it needs to be understood in the following context. Taxation as measured in dollars per square foot of land is similar for both residential and heavy industry, because industrial land is assessed at approximately 10% of the value of residential land.

The BC assessment/tax system does not need major revision
The port municipalities' position on this issue is that allowances have already been made to accommodate Class 4 major industrial properties (exemptions on some infrastructure, favourable depreciation period), which came out of negotiations with port industries several years ago. The current structure recognizes and incorporates many of the recommendations from these past discussions. Additionally, the BC assessment scheme is recognized as one of the fairest and easiest to administer property assessment processes in the world.

The MFA credit rating is potentially at risk
If autonomy over taxation - that is, the ability of each city to set its own tax rates - is compromised via senior government dictating or limiting rate setting policy, it is possible that the credit rating of municipalities (through the MFA) may slip below its current AAA rating, which would result increased borrowing costs for all BC municipalities, Translink and the GVRD. This is because credit rating agencies will evaluate such a change as a restriction on the BC municipal sector's ability to repay its debt. There is precedent for this: in February 2002, Standard and Poors stated: "The ratings (of the MFA) also are supported by the MFABC member municipalities' strong liquidity and tax rate-setting autonomy over their local assessment bases."

Port downloading has already been absorbed by municipal governments
Through the downloading federal costs and responsibilities in recent years, such as disputes over PILT payments, the discontinuation of port policing, minimal funding of infrastructure and roads, etc., port municipalities are already contributing significantly to ports' competitiveness.

Municipal taxpayers should not subsidise a federal infrastructure facility
If it is determined that ports and or port industries should not pay property taxes, it is the federal government that should fund this subsidy, not local property taxpayers. The following three arguments strongly support this assertion.

- Our local port authorities benefit all Canadians, not just local municipal taxpayers. For example, according to recent VPA statistics, the Vancouver Port Authority currently generates almost 62,000 jobs and $1.6 billion of GDP Canada-wide. It is unfair to ask local taxpayers to subsidise national infrastructure.

- Municipal governments do not earn any incremental revenue associated with the economic activity generated by the port, while the provincial and federal governments enjoy direct cash benefits in the form of sales, income and excise taxes, plus the annual stipend remitted by port authorities to the federal government.

- As a capital tax, property tax in general is a regressive tax and is therefore not effective as a means of income redistribution. If ports and/or related industries require subsidy, then revenues associated with income tax rather than property tax should be used to ensure basic socio-economic equity among those who are paying.

It is noted this inequity is exacerbated in a situation in which ports would be required to remit an annual stipend to the federal government and at the same time be exempted from paying local property taxes. This would amount to a transfer of funds generated using a regressive tax source (from municipal governments) to the federal government, which has access to progressive tax sources. By any objective standard, this is unfair and counters basic principles of equity in taxation that are valued throughout Canadian society.

APPENDIX B
CITY OF VANCOUVER SUBMISSION TO THE CANADA MARINE ACT REVIEW PANEL

 

Issue #1. Payments-in-Lieu of Taxes & Ports' Competitiveness

Recommendation D - Real Property Transactions and Proceeds of Sales. The City of Vancouver recommends that where appropriate, the federal government grant port authorities the authority to acquire and dispose of property on behalf of the federal Crown without the necessity of Supplementary Letters Patent, and as well, the right to retain the proceeds of sales of federal real property, in order to ensure the most efficient use of real property and to contribute to ports' overall financial well-being.

Issue #2. Firefighting

Issue #3. Policing

Issue #4. False Creek Jurisdiction Divestiture

Conclusion

APPENDIX C
SUMMARY OF VANCOUVER PORT AUTHORITY SUBMISSION TO
THE CANADA MARINE ACT REVIEW PANEL

Canada Marine Act Review
Updated October 24, 2002


What's At Stake
The Canada Marine Act Review is a critical event for the Port of Vancouver, as well as for its customers and stakeholders. It will have a substantial impact on the port's long-term competitiveness and its ability to effectively meet its users' needs. If a number of key implementation issues are not adequately addressed, the vital contribution that the Port of Vancouver currently makes to the Canadian economy will erode. Significant growth opportunities across all business sectors will be lost.

With the right regulatory environment, we can pursue these growth opportunities and nearly double the jobs and economic activity generated by the Port of Vancouver by 2020. But if changes aren't made, we will not be able to undertake the level of infrastructure development necessary to make this happen - or even to maintain our current competitive position.

Access to capital is the single greatest risk to the Port of Vancouver's competitiveness. To continue growing and competing with U.S. ports on the west coast of North America, while providing cost effective services for port users, the Port of Vancouver must have access to sufficient private and public sector capital to meet its infrastructure needs.

VPA Objectives
The Vancouver Port Authority (VPA) fully supports the objectives of the National Marine Policy and the Canada Marine Act (CMA).

The most important of these objectives is to provide marine infrastructure that effectively supports achievement of local, regional and national social and economic objectives, and promotes Canada's competitiveness and trade. Port management on the basis of commercial principles, and reasonable costs of service for users are also important guiding principles.

The VPA believes, however, that many provisions of the CMA are at cross purposes to these objectives. The legislation does not adequately reflect the fact that Canada's national ports are key strategic assets that must be kept strong, growing and competitive.

In particular, the CMA needs to be revised to improve ports' access to capital in the following ways:

More specifically, the Port of Vancouver believes the following revisions to the Canada Marine Act are necessary to better meet the objectives of the legislation, and to safeguard the competitiveness of Canada's Port Authorities and the industries they serve:

APPENDIX D
SELECTED REFERENCES ON COMPETITIVENESS OF CANADIAN & BC PORTS

DATE

TITLE

AUTHOR

COMMISSIONED BY

2002

City of Vancouver submission to the Canada Marine Act Review Panel

City of Vancouver City Manager

n/a

2002

Competitive Factors Influencing Greater Vancouver's Ports

Mud Bay Consulting

GVRD Ports Competitiveness Review Task Group

2001

Options to Improve the Competitiveness of Ports in British Columbia

Perrin, Thorau & Associates

BC Ministry of Employment and Investment

2000

Canada/US Port Competitiveness Study

Sparks Companies Inc.

Transport Canada

2000

Competitiveness of BC Ports - Report of BC Ports Competitiveness Committee

Industry

Industry

2000

Moving Forward - A Guide on the Importance of Transportation in Canada

Western Transportation Advisory Council & the Van Horne Institute

Western Transportation Advisory Council

2000

Competitiveness of Canadian Ports - presentation at ACPA

Port Authorities

Canadian Port Authorities

1999

The Working Waterfront

Industrial Waterfront Working Group

District of North Vancouver

1999

Review of Pilotage Issues

Canadian Transportation Agency

Canadian Transportation Agency (Federal Government)

1999

Port Task Force Report

Transport Canada

Government, Industry & Port Authorities

1999

Ships Dock, People Work: Economic Impact of Waterfront Industry on the Greater Vancouver Region

IWest Georgia Consultants Ltd.

Vancouver Port Authority

1999

Capital Investment by US West Coast Ports

Dorsey and Whitney LLP

Industry

1998

Grain Handling and Transportation Review

Hon. Willard Estey

Minister of Transport Canada

1998

Infrastructure Challenges and Solutions - Presentation to BC Business Summit 98

RV Wilds, Chair of Greater Vancouver Gateway Council

Industry

1997

Presentations and Recommendations for the Gateway 97 Forum

Industry

Industry

1996

British Columbia Freight Transportation System Study

KPMG Consulting, Sandwell Inc. & Acres International Ltd.

Transport Canada, Pacific Region

1995

Directions for Growth - Report and Recommendations on the Competitive Position of the Greater Vancouver Sea Ports

Industry

Greater Vancouver Gateway Council

1994

International Competitiveness of Western Canadian Transportation

Transport Institute, University of Manitoba

Western Economic Diversification Canada

1993

Ports in Canada - Future Competitiveness

John Christopher, Research Branch, Library of Parliament

Federal Government

1993

Study of Public Charges and Financial Assistance at Ports

Peat Marwick Stevenson & Kellogg, Peat Marwick Thorne

Transport Canada

1993

Competitiveness and The Greater Vancouver Gateway - An Institutional Problem?

Jonathon Seymour and Associates

Vancouver Port Corporation

1992

Factors Affecting the Competitiveness of Canada's West Coast Ports

Ekstrom Port Consultants

Various western provincial ministries

1992

Port Costs and Productivity Factors

McCague Cargomaster Services, Inc.

BC Ministry of Transportation & Highways

1992

Port of Saint John Property Taxation Task Force

Adam McBride & Parul Shukla, Saint John Port Corporation

Port of Saint John

 

LINK TO APPENDIX E


cs20030116.htm