Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning & Environment

FROM:

General Manager of Engineering Services in consultation with the Director of Current Planning

SUBJECT:

Administration of False Creek Waterbody

 

RECOMMENDATION

GENERAL MANAGERS' COMMENTS

CITY MANAGER'S COMMENTS

COUNCIL POLICY

There is no current policy on the administration of the waters of False Creek beyond the existing Zoning Bylaws regulating certain lots.

SUMMARY

Staff believe there is merit to investigating the options available to the City for taking on all or part of the administration of False Creek. However, preliminary review has indicated there are advantages and disadvantages that need to be thoroughly reviewed before acquiring delegated Federal authorities, or entering into a management agreement for Provincial lands in False Creek. Staff believe it will be necessary to contract a consultant with experience in the area of port divestiture, and who has familiarity with senior government processes. In addition, outside legal advice may be required by the Director of Legal Services.

It is expected to take several months to develop the options and identify the processes to achieve those options given the need for discussions with senior governments.

PURPOSE

This report provides Council with an overview and a proposed course of action for management options in False Creek. It also outlines the implications of the Vancouver Port Authority's proposed divestiture of its responsibilities in False Creek. This report recommends that staff, with the aid of a consultant, undertake a review of available options for the City's involvement in the administration of False Creek and report back.

BACKGROUND

The waters of False Creek are currently within the jurisdiction of the Vancouver Port Authority. Waterlots in False Creek are owned by the City, the Province, Pacific Place Holdings Limited, and Canadian Metropolitan Properties Corporation. In addition, numerous federal and provincial agencies, and City departments have jurisdiction or interests over a broad range of Creek activities (Appendix A).

False Creek is one of the City's most popular recreational areas and a magnet for activity. Pressures on False Creek for increased use, and development on its edges, continue to grow. A water use plan has been discussed for several years; however, due to the lack of City involvement and jurisdiction, it has never proceeded. The lack of a clear and organized management plan makes administration difficult, as has been demonstrated by the situation with unauthorized vessels anchoring in False Creek.

In 1999, under the new Canada Marine Act, new port authorities were created across Canada and the Vancouver Port Corporation (VPC) was replaced by the Vancouver Port Authority(VPA). The VPA has decided that the boundaries for the new authority should not include False Creek since it no longer functions as a Port as it did when industrial uses were prevalent. As such, the VPA has approached the City with the suggestion that the City consider taking over some or all of its False Creek responsibilities.

In addition, in response to concerns voiced by the City regarding certain activities on Provincial waterlots, the Province has suggested that the City may wish to consider entering into an agreement with the Province, to take over the management of all Crown Provincial lands in False Creek.

The following discussion outlines some of the implications of the Port's intended divestiture of its responsibilities in False Creek and the Province's suggestion of a lease, and suggests that staff, with the aid of a consultant, review and report back on options for the City's involvement in the future administration of False Creek.

DISCUSSION

Current Jurisdictions in False Creek

1. The City of Vancouver
The City's authority over the waters of False Creek is limited. At present, the City's jurisdiction with respect to zoning, derived from the Vancouver Charter and detailed in its Zoning By-law, extends only to the regulation of "land use" on waterlots in False Creek other than those owned by the Province. Also, the City has control over activities in or on City owned or leased waterlots, for example, the By-law regulating overnight anchoring on City owned or leased waterlots. Should the City decide to take on any further management role in False Creek, the authority would need to come from the Federal or Provincial governments.

2. Federal Government
Currently, Federal responsibilities in False Creek are administered by the VPA which is responsible for:

· vessel speed limits;
· approval processes for marine events;
· emergency response to pollution reports and other accidents; and
· control of aircraft and dangerous goods movement.

In addition, the Coast Guard has a limited responsibility for navigation in the Creek relative to Federal marine law, which they administer for all waters outside of designated ports, under the Navigable Waters Protection Act, the Oceans Act and the Canada Shipping Act. Their responsibilities include:

· administration of the Navigable Waters Protection Act, which ensures that structures, that would limit the public right of navigation, are not constructed without permit in navigable waters;
· maintenance of aids to navigation;
· response to vessels in distress; and
· response to oil pollution from vessels in these waters.

If the VPA decides to withdraw from False Creek, there are several options open to the Federal government. Under the new Canada Marine Act, the Federal government has the ability to assign authority to other agencies; however, it is reluctant to take such actions at present. Alternatively, the VPA, as an arm of the Federal government governed by its own bylaws and letters patent could either divest itself of False Creek entirely, or could delegate its powers to a designated agency to administer its areas of authority.

a. Divestiture
If the Port divests itself of False Creek without the VPA or the Federal government designating an alternative agency to take over its responsibilities, the Port's administration and Bylaws will no longer govern False Creek. This would result in a number of changes to the management of False Creek.

First, the area will revert to the status of an undesignated waterway, regulated only by the residual powers of the Coast Guard outlined above.

Second, divestiture would result in the elimination of the harbour headline, the boundary which designates the edge of the navigable waterway. At present, this boundary limits development (such as the extent of marinas) and activities (such as anchoring) in the navigable part of the Creek.

Third, the waterlots underlying the area currently designated as the navigable channel are Crown lands; since the Province has indicated that they would like to minimize their involvement in False Creek, it is unlikely that they would take on a management role in regard to these lands.

b. Delegation
Alternatively, the VPA has the authority to delegate powers to another organization, such as the City of Vancouver; indications are that this is not their preferred option.

3. Provincial Government
The Province is the major land owner in False Creek and has suggested that it may be interested in having the City administer its False Creek holdings, including those currently leased to other parties including the City, through a management agreement, such as a lease.

Administrative Options

If no one steps forward to administer False Creek, only the regulations within the mandate of the Coast Guard would be enforced. Alternatively, the City may choose to take on some level of administration for the Creek. The amount of administrative authority could vary from a minor policing role, to managing the activities and actions of Creek users.

There are some obvious advantages to pursuing greater administrative power over the False Creek waterbody. The consolidation of management under one body may open opportunities and simplify the coordinated use of False Creek to permit many of the Blueways recommendations to occur. Having greater control over Provincial waterlots would provide the City with not only broader enforcement capabilities, it would also allow the City to be more involved in the planning of activities and uses taking place in the Creek to fully incorporate False Creek as a part of the city. In addition, a management agreement with the Province has the potential for increasing City revenues through sub-leases.

However, there will also be costs and potential liabilities involved, and a significant amount of research will be required before a decision can be made regarding the various management options open to the City.

Consultancy Requirements
Given the complexity of the possible relationships with senior governments, staff believe it is necessary to contract the services of an experienced consultant. The consultant would be selected based on experience in the areas of port divestiture and familiarity with senior government processes. The consultant, administered through the Engineering Department, would also work in close liaison with the Planning Department and other civic departments with responsibilities related to False Creek.

In addition, Legal Services has requested that funding of up to $5,000 be made available for outside legal advice that may be required by the Director of Legal Services.

FINANCIAL IMPLICATIONS

Funding up to $25,000 is required to fund consultant services and outside legal advice. The recommended source of funds for this City initiative is the year 2000 Operating Budget, without offset.

SOCIAL AND ENVIRONMENTAL IMPLICATIONS

The continued management of False Creek is necessary to sustainably manage recreational uses and environmental issues for the benefit of the citizens of Vancouver.

CONCLUSION

False Creek is a major resource for the City of Vancouver. When the Vancouver Port Authority removes False Creek from its mandate, there will be no administration of the activity on the Creek beyond basic safety monitoring by the Coast Guard. In addition, the Province has indicated that it is interested in having the City administer its False Creek holdings. This report recommends a staff review of options, for Council to consider, for the City to take on some administrative role for False Creek. Consultant services are requested to assist in the development of the options and the processes to achieve them.

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APPENDIX A
JURISDICTIONS IN FALSE CREEK

Federal

Department of Fisheries & Oceans
Canadian Coast Guard
Environment Canada
Transport Canada

False Creek Harbour Authority
Vancouver Port Authority

Granville Island Trust

Provincial

Ministry of the Environment, Lands and Parks
BC Assets & Lands Corporation
Ministry of Health -- Vancouver/Richmond Health Board

City of Vancouver

Vancouver Parks and Recreation
Vancouver Police (Waterfront Team)
Community Services
Engineering Services
Real Estate Services

Partnerships

Burrard Inlet Environmental Action Program (BIEAP)

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