Backroom deals and bribes could become the way business is done in B.C. under new legislation giving unprecedented power to the government to push through favoured projects, says Union of B.C. Municipalities president Frank Leonard.
The Saanich mayor has been fighting a pitched battle against the Significant Projects Streamlining Act for almost eight months, and still holds out hope for "11th hour" talks with Deregulation Minister Kevin Falcon. But the province has barely noticed the howls of the UBCM executive to this point, and the expectation Thursday was that the bill would pass third reading this week.
The skimpy little act is vague to the point of giving government virtually free rein to expedite approvals for almost any project it deems "significant," regardless of whether the venture has the support of local government.
Fish farms, malls, Wal-Marts in Oak Bay, small mines or gravel pits -- any and all are contenders for the designation, which essentially gives such projects a fast and easy ride through the approval process.
While the province is assuring municipalities that it means no harm, Leonard and several other B.C. mayors are alarmed by the immense power the government has handed itself.
"When a law is created that gives more power to one side, then there has to be more checks and balances at the other end. That's called democracy," says Leonard.
"That's all been thrown out the window by this bill. And maybe nobody intends to do anything wrong, but bad things can happen with a bill like this. Bad ministers and bad developers are going to be able to dance under this act, and there will be nothing that anyone can do about it."
The very designation of a project as significant -- a term that goes undefined in the act -- essentially signals to local governments and citizens that it's going to be approved no matter what, says Leonard. (Falcon has denied that, contending that an expedited "no" is still going to be preferable to one that takes two or three years to arrive at.)
Several resource-town mayors are on side with the bill, which they see as a way to get big projects built quickly in their communities. Donna Barnett, mayor of 100 Mile House, chastised naysayers in a news release this week, saying she believes government will listen when municipalities say no.
"From where I sit in rural B.C. ... I see a door being opened," wrote Barnett. "For once, I don't see the government trying to take something away from my community."
Campbell River Mayor Lynn Nash says he's still on the fence, but expects debate to be lively Saturday when the Committee of Resource Communities meets to discuss the bill.
"My biggest concern is that there doesn't appear to be any regulations with this that would indicate exceptions. And if this really is carte blanche, I do indeed have a problem," says Nash.
There are some limitations: Projects that involve agricultural land, aboriginal title or trigger the provisions of the Environmental Assessment Act are excluded from the bill. But that won't stop any number of potentially controversial developments from being fast-tracked, as environmental-assessment regulations kick in only in certain cases.
A new mine producing less than 75,000 tonnes a year, for instance, will be fair game for streamlining. So will a gravel pit with an annual capacity of 500,000 tonnes or less. Or a small power plant, or tourist resort with fewer than 600 commercial beds.
The UBCM also fears the act could be used to override taxation, development cost charges, building bylaws and subdivision requirements.
Decision-making in B.C. is infamously bureaucratic, and the government deserves considerable credit for trying to cut through the province's 390,000 regulations. But the ct goes far beyond reducing red tape, says Leonard, and marks a return to the days of deals struck behind closed doors.
"Falcon thinks I'm out to lunch on this, that we'll look back on the economic growth this is going to bring and think that it turned out to be the best thing ever," says Leonard.
"But how can citizens have any faith in public process under an act like this? It's a sham."
jpaterson@tc.canwest.com