Pemberton and District Recreation Service Transfer

Electoral Area C
Village of Pemberton

Update: February 2024:

The SLRD and the Village of Pemberton are working on the next phase of the recreation service transfer, with a staff report going to the SLRD Board on February 28, 2024.

Background

June, 2023 Update:

Bylaw No. 1784-2022 was adopted by the SLRD Board, following the Alternative Approval Process, allowing the SLRD to provide a financial contribution to the Village of Pemberton for providing recreation services to Electoral Area C on a long-term basis.

The purpose of this bylaw is for Electoral Area C of the SLRD to provide a financial contribution to the Village of Pemberton for providing recreation services to Electoral Area C on a long-term basis. Adoption of the bylaw will not result in increased taxes. Rather, it changes how the tax for this service is collected. Specifically, property owners in Electoral Area C will be taxed under two bylaws (instead of under one bylaw), but at the same level as they would have been taxed under only the one bylaw. This new process is not expected to take effect until 2025.

Summary

The Squamish-Lillooet Regional District (the “SLRD”) has proposed a new bylaw: Squamish-Lillooet Regional District Pemberton and District Recreation Contribution Service Establishing Bylaw No. 1784-2022 (the “Proposed Bylaw”). The participating area of the Proposed Bylaw is the entirety of Electoral Area C (the “Proposed Service Area”).

The purpose of the Proposed Bylaw is to establish a financial contribution service for the Village of Pemberton (the “Village”) to provide recreation services (the “Proposed Service”) to the Proposed Service Area.

Current Status of Recreation Services

The current recreation service is authorized by Pemberton/Area C Community Recreation Local Service Establishment Bylaw No. 646, 1997 (“Bylaw No. 646”) with two participating areas (Electoral Area C & the Village) and is currently being managed and operated by the Village pursuant to a service agreement dated October 2, 2018 between the SLRD and the Village.

The initial term was for 5 years with two renewal terms of 5 years each (the initial 5-year term has since been extended for one additional year to October 1, 2024).

As of July 1, 2019, the Village has been managing and operating the recreation service on behalf of the SLRD. Other than Village staff delivering recreation services (instead of SLRD staff), there have been no other changes.  Specifically, the following aspects have been maintained: recreation service delivery, ownership of recreation assets sitting within the recreation service, the funding model (tax requisition occurring under Bylaw No. 646), and governance structure (PVUS Committee making recommendations to the Board).

Proposed Changes to Recreation Service

With continued growth in the Village as well as the majority of recreation assets being located within Village boundaries, the Board has directed that a proposed reorganization of the recreation service be undertaken on the basis that, upon completion of the reorganization, the intended total taxation from Electoral Area C (under the Proposed Bylaw and Bylaw No. 646) is to remain consistent with the total taxation from Electoral Area C that occurred only under Bylaw No. 646. If the Proposed Bylaw is approved by the electors of Electoral Area C, the outcome of this reorganization is that the SLRD will be making a financial contribution to the Village to provide recreation services to Electoral Area C. 

The purpose of the Proposed Bylaw is for Electoral Area C to provide a financial contribution to the Village for providing recreation services to Electoral Area C on a long-term basis.

The reorganization of the recreation service is intended to result in total taxation occurring under two bylaws instead of under one bylaw, with the two bylaws being:

  1. the Proposed Bylaw - for recreation services to be delivered by the Village;
  2. Bylaw No. 646 - for recreation services limited to: the operating costs of Gates Lake Community Park; and continuing debt obligations (until fully repaid in 2032) of the current recreation service.
  • The total taxation from Electoral Area C combined under the Proposed Bylaw and Bylaw No. 646 is intended to remain consistent with taxation that occurred under Bylaw No. 646.
     
  • The SLRD and the Village will develop a financial contribution agreement to be considered and approved by the Board. This agreement will govern the roles and responsibilities of each party, including how and when the Village submits its funding request each year as well as how and when the SLRD provides feedback into the Village’s funding request. During its annual financial planning process, the Board will consider the Village’s funding request and decide on the level of funding to be requisitioned from Electoral Area C.
     
  • The SLRD and the Village will develop a transfer of assets agreement to be considered and approved by the Board. This agreement will govern the roles and responsibilities of each party regarding the transfer of all SLRD-owned recreation assets (except Gates Lake Community Park) to the Village.

If the Proposed Bylaw is adopted by the Board (and the associated agreements are approved and entered into), there will be no increase to taxation from what would have occurred under Bylaw No. 646 only. Also, recreation services (except Gates Lake Community Park) will continue to be delivered by the Village. However, recreation services will no longer be delivered on behalf of the SLRD; these will be Village services to which the SLRD provides a financial contribution from Electoral Area C property owners pursuant to the proposed Bylaw and pursuant to the terms of a financial contribution agreement.

Other changes will include: the Village will become the owner of recreation assets that were previously-owned by the SLRD (primarily the building known as the Pemberton and District Community Centre and surrounding green space (including the Spray Park and the Nature Play  Park) and the building known as the Youth and Seniors Centre building); the funding model will consist of tax requisitions that occur under the Proposed Bylaw (and paid to the Village pursuant to the terms of a financial contribution agreement) and under Bylaw No. 646 (for debt servicing obligations and operating costs of Gates Lake Community Park); the Pemberton Valley Utilities & Services (PVUS) Committee is not expected to be involved with budget discussions associated the Proposed Bylaw (these discussions will occur at Board meetings), although discussions pertaining to Bylaw. No. 646, specifically the ongoing debt servicing obligations and operating costs of Gates Lake Community Park, will continue to occur at the PVUS Committee with recommendations being made to the Board.

After adoption of the Proposed Bylaw by the Board and once the financial contribution agreement and the transfer of assets agreement are approved by the Board, a second step in the reorganization process is to pursue an amendment of Bylaw No. 646 for the purpose of reducing the stated maximum annual tax requisition amount (as the current stated maximum annual tax requisition amount will be higher than needed). This bylaw amendment requires the consent of the Electoral Area C Director and the Village Council before it can be considered for adoption by the Board.

More information is available in the following staff reports:

Purpose of AAP

The purpose of the AAP is to obtain elector approval of the new financial contribution service bylaw that applies to the entirety of Electoral Area C.

The new service establishing bylaw would result in recreation services being delivered on a long-term basis by the Village, except Gates Lake Community Park would remain with the SLRD.

Members of the public are not expected to see any changes to how recreation services are delivered since the Village has been managing recreation services on the SLRD’s behalf since July 2019.

Property owners in Electoral Area C are not expected to see any changes to overall taxation level for recreation services.  They will however be taxed under two bylaws (instead of under one bylaw) but at the same level as they would have been taxed under only the one bylaw.

Proposed Bylaw

The Proposed Bylaw authorizes the SLRD to requisition up to the greater of $600,000 or $0.4919 per $1,000 of net taxable assessed value of land and improvements in the Proposed Service Area. The SLRD is required to add a mandatory provincial fee of 5.25% to the stated rate per $1,000, this coming to $0.4919 + 5.25% = $0.5177 per $1,000. Therefore, the cost of the Proposed Service is to be borne by all taxable properties in the Proposed Service Area at a maximum annual tax requisition rate estimated as follows for residential properties:

Estimated maximum annual taxation (based on $0.5177 per $1,000)
Property value (residential)Rate per $1,000Annual tax requisition
$100,000$0.5177$51.77
$500,000$0.5177$258.85
$1,000,000$0.5177$517.70

Alternative Approval Process (AAP)

Local governments can use an AAP as a way to obtain elector approval for certain types of proposed bylaws. An AAP is a less expensive process than undertaking an assent voting process (i.e. a referendum). The Inspector of Municipalities (Ministry of Municipal Affairs) has approved the Proposed Bylaw proceeding by way of AAP.

AAP – What is Required

A local government must publish a Notice of Alternative Approval Process for two consecutive weeks in a local newspaper.  In the case of this AAP, the SLRD will publish the Notice in the Pique Newsmagazine on May 5, 2023 and May 12, 2023.

The deadline for eligible electors to submit elector response forms for this AAP is June 12, 2023 at 4:30 p.m.

Eligible electors wishing to express their opposition to the Proposed Bylaw must complete and submit a signed Elector Response Form by the stated deadline of June 12, 2023 at 4:30 p.m.

An eligible elector must provide their full name and residential address.

An eligible non-resident property elector must also provide the address of the property that they own within the Proposed Service Area (they are only entitled to sign and submit one elector response form, regardless of how many properties they may own within the Proposed Service Area.)

For more information on elector eligibility, please see the Elector Eligibility document.

The estimated number of eligible electors within the area defined for the AAP is based on information from various sources.

It has been determined that the number of eligible electors in the Proposed Service Area is 3,028.

If 10% or more of eligible electors in the Proposed Service Area oppose the Board’s intention to adopt the Proposed Bylaw, the Board cannot proceed with consideration of adoption of the Proposed Bylaw without first holding assent voting (a referendum). In this case, 10% of the total number of eligible electors is estimated to be 302. If the 10% threshold is not attained, then the Board may proceed with consideration of adoption of the Proposed Bylaw.

Important Forms and Documents

For more information, please contact:

Angela Belsham
Director of Legislative and Corporate Services
Telephone: 604-894-6371 ext. 240
Email: abelsham@slrd.bc.ca