Notice of Alternative Approval Process - Rail Corridor

Friday, June 2, 2017

UPDATE: Deadline for Submissions of Elector Response Forms is Closed.   July 18, 2017.

The outcome of the Alternative Approval Process will be reported at the Thursday, July 20, 2017 CSRD Board meeting.

UPDATE:  View Certificate of Alternative Approval Process Results

 

Notice of Alternative Approval Process

PUBLIC NOTICE is hereby given to the electors of Electoral Areas C, D, E and F of the Columbia Shuswap Regional District (CSRD), the City of Salmon Arm, and the District of Sicamous that approval is being sought for Rail Corridor Trail Service Establishment Bylaw No. 5755 and Rail Corridor Trail Service Loan Authorization Bylaw No. 5756 by use of the alternative approval process (AAP).

Approval to proceed with the adoption of these bylaws is being sought from the electors of Electoral Areas C, D, E, and F of the Columbia Shuswap Regional District and from the electors of the City of Salmon Arm and the District of Sicamous.

Bylaw No. 5755 will establish a service within all of Electoral Areas C, D, E and F of the Columbia Shuswap Regional District, the City of Salmon Arm and the District of Sicamous (the Service Area). The service proposed to be established under Bylaw No. 5755 is to acquire, construct, improve, manage and operate the Rail Corridor Initiative within those parts of the Rail Corridor Trail that are located within the boundaries of the Columbia Shuswap Regional District. Bylaw No. 5756 is to provide the authority to facilitate the borrowing of up to One Million Eight Hundred Forty Thousand Dollars ($1.84 Million) to be repaid over a period not to exceed 25 (twenty-five) years in order to finance the costs of acquiring the abandoned Canadian Pacific Rail Corridor located within the boundaries of the CSRD.

The maximum amount that may be requisitioned annually for the service under Bylaw No. 5755 is the amount equivalent to $0.06 per $1,000 of net taxable value of land and improvements in the Service Area, which will generate a requisition that will allow for repayment of the $1.84 million loan authorization proposed in Rail Corridor Trail Service Loan Authorization Bylaw No. 5756, plus some minor operating costs, if necessary. The annual costs for this service will be recovered through the collection of taxes levied against the value of land and improvements for those properties within the boundaries of the service area (the entirety of the City of Salmon Arm, the District of Sicamous, and Electoral Areas C, D, E, F). The Service Area Establishment Bylaw proposes the following customized cost apportionment formula amongst the Service Area Participants, as follows:

  • 35% from City of Salmon Arm;
  • 30% from District of Sicamous;
  • 12% from Electoral Area C;
  • 3% from Electoral Area D;
  • 15% from Electoral Area E; and
  • 5% from Electoral Area F.

The CSRD Board (the Board) may proceed with the adoption of Bylaw No. 5755 and Bylaw No. 5756 without an assent vote of the electors (referendum) unless at least 10% of the electors of Electoral Areas C, D, E and F of the Columbia Shuswap Regional District, the City of Salmon Arm and the District of Sicamous submit a signed Elector Response Form indicating their opposition to adoption of the bylaws by 4 PM on MONDAY, JULY 17, 2017 at the address below:

Deputy Corporate Officer
Columbia Shuswap Regional District
555 Harbourfront Drive NE
Box 978, SALMON ARM, BC V1E 4P1

The number of valid elector responses required to prevent the Board from proceeding with the establishment of the Rail Corridor Trail Service proposed in Bylaw No. 5755 and a Rail Corridor Trail Service Loan Authorization Bylaw proposed in Bylaw No. 5756 is 2,918.

A copy of the Rail Corridor Trail Service Establishment Bylaw No. 5755, Rail Corridor Trail Service Loan Authorization Bylaw No. 5756, Report(s) to the Board, and the document entitled “Frequently Asked Questions – The Rail Corridor Initiative” are available for public inspection from Friday, June 2, 2017 through Monday, July 17, 2017 at the following locations (during regular business hours, excluding statutory holidays):

  • CSRD office, 555 Harbourfront Drive NE, Salmon Arm
  • City of Salmon Arm municipal office, 500 – 2 nd Ave NE, Salmon Arm, BC
  • District of Sicamous municipal office, 446 Main Street, Sicamous BC
  • and on the CSRD website at www.csrd.bc.ca

Elector Response Forms are available from the CSRD website, at the CSRD office, the City of Salmon Arm and at the District of Sicamous municipal offices at the addresses above.

Elector Response Forms MUST be in the form established by the Columbia Shuswap Regional District and only those persons who qualify as electors of Electoral Areas C, D, E, F OR electors of the City of Salmon Arm OR electors of the District of Sicamous are entitled to sign an Elector Response Form.

In order to sign an Elector Response Form in relation to the alternative approval process (AAP), a person must either be a resident elector or a non-resident property elector (not both) within the proposed service area. For the purposes of this AAP, the following jurisdictions apply: the City of Salmon Arm, the District of Sicamous, and Electoral Areas C, D, E and F of the Columbia Shuswap Regional District (CSRD).

A resident elector is an individual who is qualified to vote in a jurisdiction by virtue of living (residing) in the jurisdiction. To sign an elector response form as a resident elector, a person must:

  • be 18 years of age or older; and
  • be a Canadian citizen; and
  • have lived in British Columbia for at least six months immediately prior to signing this Elector Response Form; and
  • have lived in the jurisdiction (City of Salmon Arm, District of Sicamous, Electoral Areas C, D, E or F of the CSRD) for at least 30 days prior to signing this Elector Response Form; and
  • not be disqualified by any enactment from voting in an election or otherwise disqualified by law.

 A non-resident property elector is an individual who does not live (does not reside) in the participating service area but is entitled to vote by virtue of owning real property in that jurisdiction. To sign an elector response form as a non-resident property elector, a person must:

  • not be entitled to register as a resident elector in the participating service area; and  be 18 years of age or older; and
  • be a Canadian citizen; and
  • have lived in British Columbia for at least six months immediately prior to signing this Elector Response Form; and
  • not be disqualified by any enactment from voting in an election or otherwise disqualified by law; and
  • have owned property in the jurisdiction (City of Salmon Arm, District of Sicamous, Electoral Areas C, D, E or F of the CSRD for at least 30 days prior to signing this Elector Response Form.
          - If a property is owned by more than one individual, only one of them may sign an elector response form; the person signing must have written consent of a majority of the other property owner(s) to sign.
          - A person may register as a non-resident property elector in relation to only one parcel of real property in the service area. 

NOTE: There is no Corporate Vote – No corporation is entitled to be registered as an elector or to have a representative registered as an elector.

For additional information on the Alternative Approval Process, please contact:

Lynda Shykora
Deputy Corporate Officer
Columbia Shuswap Regional District
Phone: 250.833.5939 (direct) OR 250.832.8194
Toll-free: 1.888.248.2773
Email: admin@csrd.bc.ca

View Notice (PDF)

Elector Response Forms

If you are opposed to the adoption of Bylaw No. 5755 and Bylaw No. 5756 , you can sign an Elector Response  Form if you qualify as an elector of the Service area.   Please print the Elector Response Form, follow the instructions on the form, and return the completed  Elector Response Form to the CSRD office.  All Elector Response Forms must be received by the CSRD on or before 4 pm on Monday, July 17, 2017 to be considered.

All Elector Response Forms must have an original signature.

In order to sign an Elector Response Form as a non-resident elector (an individual who does not live (does not reside) within the Service  Area), a Consent/Authorization form is required if the property is owned by more than one individual.   In this case, only one individual may sign an Elector Response Form -  the person signing must have written consent of a majority of the other property owner(s) to sign.   

 

Bylaws for Reference:

Bylaw No. 5755, Rail Corridor Service Establishment Bylaw No. 5755 (pdf)

Bylaw No. 5756, Rail Corridor Service Loan Authorization Bylaw No. 5756 (pdf)

Information Materials

Note: The information on the estimated annual tax impact for an average residential taxpayer in each of the participating jurisdictions is depicted on Page 7 of the Frequently Asked Questions – The Rail Corridor Initiative document, and on Page 6 of the Board Report dated May  15, 2017:

Publication entitled “Frequently Asked Questions – The Rail Corridor Initiative” dated May 20, 2017. (pdf) 

Report to Board dated  May 15, 2017 – Alternative Approval Process (AAP) Rail Corridor Trail Service and Loan Authorization  

Report to Board dated May 15, 2017 (pdf) – Amendment to Rail Corridor Trail Service Establishment Bylaw No. 5755 (amendment at Third Reading to reduce maximum requisition)

Report to Board dated April 20, 2017 (pdf) – Readings of Bylaw No. 5755 and Bylaw No. 5756; Endorse the Alternative Approval Process; and resolution to provide that the participating area approval relative to the Rail corridor Service and associated Loan Authorization is to be obtained for the entire service - area (on an area-wide basis).  

Rail Corridor Map (pdf)

CP Rail Corridor Report