Crown Leases within Local Government Jurisdiction

Year
2007
Number
B112
Sponsor(s)
Alert Bay

WHEREAS the Integrated Land Management Bureau administers Crown foreshore leases that fall within the taxation jurisdictions of coastal communities within British Columbia; AND WHEREAS improvements on foreshore leases falling within those taxation boundaries enjoy municipal services and are subject to municipal taxation, but the local government has limited collection tools in relation to these taxes; AND WHEREAS consultation with local governments is not required prior to the renewal of a Crown foreshore lease: THEREFORE BE IT RESOLVED that the Union of BC Municipalities urge the Province to require the Integrated Land Management Bureau to: - consult with the applicable local government prior to the renewal of a Crown lease; and - provide language in standard tenure agreements to clarify that tenure holders must pay all taxes, fees and charges levied by any government, including a local government jurisdiction; AND BE IT FURTHER RESOLVED that, should a Crown Lessee default upon its local taxes, the Province will compensate the local government for this loss of revenue and, at its earliest opportunity, cancel the Crown lease.

Provincial Response

MINISTRY OF AGRICULTURE LANDS The Ministry of Agriculture and Lands Ministry, through the Integrated Land Management Bureau ILMB, has an extensive process for review and adjudication of all Crown land applications including renewals. All new Crown land tenure applications and renewals, where issues have been raised or as appropriate, are referred for comments and consideration by agencies within the provincial government, as well as federal and local government. First Nations also receive referral requests to identify potential conflicts or concerns. Standard tenure language in Crown land tenure documents include statements clearly outlining the responsibilities of the applicanttenure holder with respect to payment of fees, taxes and other requirements of government. However, if a tenure holder defaults in their responsibilities with respect to their tenure conditions, the provincial government may pursue remedies only within the appropriate legislative authority which does not encompass local government compensation. The Ministry does however, notify local government if a tenure holder proceeds to default or abandon their tenure to allow the appropriate local government the opportunity to seek a remedy. If a local government becomes aware of an issue with a tenure holder, at any time, they are encouraged to contact their local ILMB office to discuss possible options.

Convention Decision
Endorsed