The Regional District of Fraser-Fort George is looking to repeal one of its bylaws to achieve what some directors described as a rare chance to hand responsibilities back to the provincial government.
A report was presented on the 2013 Subdivision Servicing Bylaw at the board of directors’ final meeting of 2024 on Thursday, Dec. 19.
That bylaw sets out requirements for the construction of drinking water and sewage systems in new subdivisions in the district’s Electoral Areas A, C, D, E, F, H and H.
The report by district staff heard at the meeting said that in the last four years, seven variances for sewage and water requirement have been up for consideration.
“A fundamental challenge with the current servicing bylaw is the overlapping role of the province and the local government in rural subdivision,” the report said.
“A subdivision servicing bylaw gives the Regional District the ability to manage development pursuant to the policies and regulations within Official Community Plans and the zoning bylaw.
“The subdivision approval process wis ultimately the responsibility of (the Ministry of Transportation and Transit), but an effective subdivision servicing bylaw assists the (provincial approving officer) in specifying the level of service required. The regulations stipulated in the zoning and subdivision bylaws are binding on the PAO’s decision-making process.”
The report further argues that in the absence of rules set out by local governments like the regional district, the PAO bases its decisions on provincial legislation and guidelines.
The regional district's standards do not vary significantly from the province’s rules, but some discrepancies between the two have created some issues, like with the exclusion of sand mounds and mandatory sewage systems for lots one hectare in size or smaller.
With that in mind, the report offered four options for directors to pursue:
- Ask administration to review the bylaw and propose amendments that would only set requirements for drinking water,
- Revise the bylaw’s requirements for both drinking water and sewage,
- Prepare a report on repealing the bylaw entirely or
- Provide an alternative direction for administration to pursue.
Director Dannielle Alan (Electoral Area H) said after the district was required to use its staffing and resources to undertake a housing needs assessment, the third option represented a chance to hand responsibility back to the province for a change.
“Another consideration is the province keeps changing the rules over time,” Alan said. “Which forces us to change the rules, which forces us to do different things. It would be great to leave it in the hands of the province and let them do their job.”
Vice-chair Art Kaehn (Electoral Area E) said he was in favour but wanted to know if repealing the entire bylaw would eliminate rules for other aspects of subdivisions that need to remain in place.
He was told by general manager of community and development services Kenna Jonkman that the bylaw only concerns the water and sewage servicing for subdivisions. Jonkman added that should the third option be approved by the board, staff would inform the PAO of the district’s intent and work with them as well as the district’s legal counsel to assess the status of current subdivision applications from developers.
Should the board desire, Jonkman said the board could amend its development applications procedures bylaw to require developers to provide information on their plans for water and sewer servicing when they make rezoning applications under certain circumstances.
Director Simon Yu, the mayor of Prince George, wondered if there would be problems in future should the bylaw be repealed with nothing to replace it. Jonkman said if there are disputes, the district would consider what bylaws were in place when the initial decision was made.
Ultimately, directors voted in favour of the third option and staff will return with a report on repealing the bylaw at a later date.
The board of directors’ first meeting of 2025 will be held on Jan. 23, followed by a committee of the whole budget meeting on Jan. 24.
