Staff Report: Grant of Statutory Right of Way to BC Hydro

Staff Report: Grant of Statutory Right of Way to BC Hydro

DATE: Tuesday, February 21, 2023
DEPARTMENT: Administration
SUBJECT: 20230221 Grant of Statutory Right of Way to BC Hydro

BACKGROUND

Starlight Stadium is located adjacent to the south side of the Langford Parkway. This is also the corridor for a BC Hydro high voltage transmission line. Congruent with the lines are statutory rights of way registered against the affected properties in favour of BC Hydro. As part of the right of way terms, BC Hydro has the ability to restrict activities within the right of way area given the health and safety risks which may exist due to the voltage.

The City has entered into an agreement with BC Hydro to relocate the existing BC Hydro high voltage transmission line from its current location on the south side of Langford Parkway to City owned land on the north side of the Parkway. As the whole north side of the main field lies within this right of way, the use of this area is limited. While in previous years BC Hydro was willing to permit the City to have a beer garden and media platform within the right of way, during the 2022 season BC Hydro would not allow the beer garden. Their earlier permission was predicated on the planned move of the lines to the north side of the Langford Parkway. The line is being moved at the City’s request to allow for full use of the north side of Starlight Stadium.

COMMENTARY

In order for BC Hydro to move the pole and lines, the City has to grant BC Hydro a statutory right of way to install the pole on City-owned land on the north side of the Langford Parkway. While the City is not receiving any monetary payment for the statutory right of way, the City will benefit from the moving of the line as the area where the pole is currently located cannot be used with the lines in place. Further, the City will be able to discharge the existing statutory right of way from the stadium lands.

When utility works are located on fee simple land such as the City property in question, the utility provider secures their interest through a registered statutory right of way which is a legal instrument that runs with the land and is registered in the Land Title Office. Once the works are finally placed then a survey is completed and a plan defining a specific area of the land is filed in the Land Title Office.

As the granting of a statutory right of way is considered to be a disposition of an interest in land, the City is required to advertise the disposition and it must be approved by Council. The required advertisements have been placed in accordance with the Community Charter.

The map below shows both the existing right of way area and the proposed right of way area.

FINANCIAL IMPLICATIONS

Any costs for the preparation or registration of the documents have been included in the pole relocation budget.

LEGAL IMPLICATIONS

As the property the pole is being moved to is fee simple, there must be a statutory right of way granted in order for BC Hydro to place the pole on the lands. If the statutory right of way is not granted the pole cannot be moved and the stadium lands cannot be used to their full potential. Further, if BC Hydro is unable to move the lines because the SRW is not granted, the City would likely be liable for all costs incurred by BC Hydro to date with respect to the planned line move.

OPTIONS

Option 1
THAT Council
Approve the Statutory Right of Way as attached and authorize the Mayor and CAO or Corporate Officer to execute the documents, subject to minor amendments as may be necessary.

OR Option 2
THAT Council
Not authorize the Statutory Right of Way at this time.

SUBMITTED BY: Marie Watmough, Deputy Director of Corporate Services

Concurrence:
Donna Petrie, Senior Manager of Business Development and Events
Concurrence:
Yari Nielsen, Director of Parks, Recreation and Facilities
Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Marie Watmough, Deputy Director of Corporate Services
Concurrence: Braden Hutchins, Director of Corporate Services
Concurrence:
Darren Kiedyk, Chief Administrative Officer