Background

Previously, Nanaimo City Council passed a motion to support the Greater Nanaimo Harbour Association's exploration of a potential not-for-profit society to manage Nanaimo's water lot properties. As per this motion, the City of Nanaimo, in partnership with Snuneymuxw First Nation and the Nanaimo Marina Association hosted a public forum on 2017-September-30 entitled "The Future of Nanaimo Harbour".

Current Governance Model

The Nanaimo Harbour Commission was created in 1961 and the Port was continued as the Nanaimo Port Authority pursuant to the Canada Marine Act which received Royal Assent on the 11th day of June 1998. The Canada Marine Act created 18 Port Authorities, each with their own Letters Patent, and who are responsible to Parliament through Transport Canada.

As established by the Canada Marine Act Port Authorities are governed by a Board of Directors that are selected by the Federal, Provincial and Municipal Government.  As per the Nanaimo Port Authority Letters Patent, the City of Nanaimo selects one member to sit on the Board.

For further information on Port Authorities and the Canada Marine Act please refer to the Transport Canada website.

Previous presentations to Council from the Nanaimo Harbour Association

Special Council Meeting 2017-MAR-27:

Presentation from Odai Siri, Don Prittie and Robert Wiebe, regarding Nanaimo Marina Association.

Greater Nanaimo Waterfront Association Constitution

Committee of the Whole Meeting 2016-NOV-14:

Presentation from Odai Siri, Don Prittie, Ian MacPherson, Des Bosa and John Ngyuen, on behalf of the Nanaimo Marina Association and Boating BC

Council Motions

Council has previously passed the following motions pertaining to this topic.

Minutes Committee of the Whole Meeting 2016-NOV-14:

    It was moved and seconded that the following two recommendations be referred to Staff for input and to return to Council with options on how to proceed:

  1. That Council move to support Nanaimo Marina Owners, also known as the Nanaimo Marina Association, in their efforts to change the Nanaimo Port Authority’s Lease Rate scheme; so that it becomes a model based on the marina business’s income;
  2. That Council support efforts to work with Snuneymuxw First Nation, the City of Nanaimo, the Marina industry and the Community-At-Large to form a not-for-profit Society tasked with becoming the official steward of Nanaimo’s water lots; and,
  3. That Mayor and Council send a letter to Ottawa with the Nanaimo Marina Association delegation indicating that the City of Nanaimo strongly supports the Nanaimo Marina Association and the community’s efforts for a change to the fair market approach to the lease rates.

The motion carried unanimously.

Minutes Committee of the Whole Meeting 2016-DEC-12:

    By unanimous consent Council directed Staff to prepare a draft resolution to be submitted to the Federation of Canadian Municipalities and for Council to approve at the 2016-DEC-19 regular Council meeting on the topic of the fair market approach to the lease rates for marinas.

Minutes Special Council Meeting 2016-DEC-19:

   It was moved and seconded that Council:

  1. adopt the resolution to change the federally governed Port Authority lease rates structure to reflect a fair market value approach.
  2. direct Staff to submit the adopted resolution to the Federation of Canadian Municipalities for consideration at the 2017 Annual Conference and Trade Show.

The motion carried unanimously.

It was moved and seconded that the adopted 2017 Federation of Canadian Municipalities resolution regarding Port Authority Lease Rates be forwarded to the Nanaimo Port Authority, the Marina Association, Leonard Krog, MLA; and Sheila Malcolmson, MP Nanaimo-Ladysmith. The motion carried unanimously.

The Following motion was put forward for consider at the annual Federation of Canadian Municipalities 2017-JUN-01:

MARINA LEASE RATES

WHEREAS under the Canada Marine Act the Nanaimo Port Authority is required to set the lease rate structure for water lots at market value.

WHEREAS the Nanaimo Marina Owners contest that the Nanaimo Port Authority lease rates structure does not represent a fair market approach;

WHEREAS the Nanaimo Marina Owners recommend a fair market model based on a business owners' income;

THEREFORE BE IT RESOLVED that the Federation of Canadian Municipalities work with the Nanaimo Port Authority to develop a lease fee model that is based on a fair market approach.

Minutes Council Meeting 2017-APR-03:

        It was moved and seconded that Council support the Greater Nanaimo Waterfront Association’s efforts to work with the Snuneymuxw First Nation, the City of Nanaimo, the Regional District of Nanaimo, the marine industry and the community at large to form a not‑for-profit Society tasked with becoming the official steward of Nanaimo’s water lot properties. The motion carried.

Presentations made at the forum

The public forum held on 2017-September-30 included the following presentations:

Nanaimo Marina Association Presentation

Snuneymuxw First Nation Presentation

Boating BC Association Presentation

Next Steps

  • City staff will continue to engage with stakeholders to determine next steps.

Last updated: October 31, 2017

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