Whereas, under the Community Charter, the soil and freehold of every highway is vested in the municipality and a municipal Council may regulate and prohibit in relation to all uses of or involving a highway but subject to the Utilities Commission Act and to all orders given under that Act; And whereas, the British Columbia Utilities Commission has full and exclusive jurisdiction to hear and determine any matter within its authority under the Utilities Commission Act and permits provincially regulated pipelines to be located within municipal highways despite objections from municipalities that the pipelines can hinder the ability of municipalities to manage highways and other utilities that use highway corridors; And whereas, the urban landscape in the Lower Mainland has changed significantly since the development of the provincial utility regulators, absent of modernization which enables local governments to oversee the orderly use of municipal roads, resulting in unforeseen jurisdictional disagreements and a lack of clarity over regulatory functions: Therefore be it resolved, that the Province, with the assistance of UBCM, undertake a holistic review of the regulatory framework surrounding provincial utility undertakings and update legislation accordingly to enable a collaborative approach to planning and managing civic infrastructure corridors.
Ministry of Attorney General Government is committed to a collaborative approach to planning and managing utilities and civic infrastructure in a way that best meets the needs of British Columbians in their communities. On August 1, 2019, the British Columbia Utilities Commission BCUC established an inquiry to examine the regulation of energy utilities affiliated with municipalities and regional districts The Inquiry. The Inquiry seeks to provide clarity to the BCUC, utilities and municipalities regarding the appropriate level of regulation required to meet the needs of stakeholders while respecting existing oversight tools and objectives at the local government level. While the research and analysis completed as part of the Inquiry will not specifically look at the issue of a regulatory framework surrounding provincial utility undertakings, there may be findings from this inquiry that are relevant to this particular issue. Further, staff within the Ministry of Attorney General will consult with colleagues in relevant ministries Ministry of Municipal Affairs and Housing, Ministry of Transportation and Infrastructure, Ministry of Forests, Lands, Natural Resources and Regional Development, etc. on the subject of a full-scale holistic review. An update from the BCUC Inquiry and the internal Ministry consultations will be shared with participants at the 2020 UBCM Convention.