Ron Bolin: May 21, 2013
Following a search for the proper venue, on Thursday, April 4, of this year I sent an email to Ms. June Hicklin, Advisory Officer, Local Government Department, Ministry of Community, Sport and Cultural Development regarding the degree to which a public referendum under provincial guidelines provided obligations on both the municipality which prepared the referendum question and officiated at its taking, as well as the public which approved it. This is the correspondence which took place:
Ms. Hicklin:
I would like to understand the position of the Ministry in its administration of referenda carried out by municipal governments in BC. While I recognize that the issue in this instance may be moot, I seek a ruling on the nature of the reciprocal relationship between a public body and the public in the case of a referendum held under the community charter and/or the Local Government Act. The circumstances in this case are as follows:
-The City of Nanaimo, wishing to see a Conference Centre built in downtown Nanaimo made an agreement with a US developer to build the Centre as well as a hotel to serve it.
-A referendum in this regard was placed before the public in November 2004. The referendum question put forward was: “Are you in favour of adopting “NEW NANAIMO CENTRE LOAN AUTHORIZATION BYLAW 2004 NO. 5750” to permit the City to borrow up to 30 million dollars and carry out the terms of a partnering agreement with Triarc International Inc. for the development of the New Nanaimo Centre project?”
-The result of the referendum was favourable by a vote of 52% to 48%
-The terms of the Triarc partnering agreement were that Triarc would build a conference centre at a cost of $52.5 million to the city and, reciprocally, would build a Marriott hotel to service the centre at their expense.
-The $30 million was borrowed, but the conference centre cost was subsequently escalated to $72.5 million (no total project cost review has ever been released) without the benefit of another referendum and no hotel was ever built. Read the rest of this entry »

