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Province rebuked for handling of Victoria Harbour marina lease

B.C.’s ombudsperson is calling for more transparency from the province after years of investigating public complaints about the Victoria International Marina approval process.
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The first building will contain retail shops, the marina office, event space and a lounge for yacht crews.

B.C.’s ombudsperson is calling for more transparency from the province after years of investigating public complaints about the Victoria International Marina approval process.

Jay Chalke found shortcomings with how the Ministry of Forests, Lands, Natural Resource Operations and Rural Development communicated its process and consulted the public when it approved a Crown water lot lease for the marina in Victoria Harbour.

Results of the investigation were published in a report, Stem to Stern: Crown Land Allocation and the Victoria International Marina, released Wednesday.

“I think that the public needs to have confidence that when government is allocating a public resource, that the process for doing that is fair and reasonable,” Chalke said. “And a transparent and clear process contributes to public understanding and acceptance, even when people aren’t necessarily in agreement with the decision that government makes.”

In 2011, the ministry approved an application from Community Marine Concepts for a licence of occupation and a subsequent 60-year lease of a Crown water lot.

First announced in 2008, a larger version of the marina hit a wall of opposition. Critics worried about size, location, impact on safety, and views. The marina was redesigned to give paddlers a lighted route under its buildings, and to shave the size of moorage in half.

The $35-million, 28-slip marina, built to accommodate vessels 65 to 175 feet in length, is to open this spring. It occupies a five-acre Songhees site.

Members of the public complained to Chalke’s office that the ministry did not adequately consider Crown land allocation principles in decision-making, gave its assent while other approvals were still pending, and made decisions without adequate consultation.

The office did not find that the decision warranted reconsideration, but did make eight recommendations to the ministry.

Some focus on improved transparency, including keeping the ministry website updated with information about approval processes, developing a policy for public consultation and ensuring lease terms are clearly explained in decisions.

Other recommendations include creating a policy for deciding when and how the ministry should evaluate risks, costs and benefits of a Crown land allocation application and identifying conditions for departing from standard lease lengths.

“With an engaged public and this emerging concept of social licence, I think that clear and transparent decision-making itself is critically important,” Chalke said. The auditor general made similar recommendations in a report 10 years ago, he said.

“The ministry is accepting all of the recommendations in the ombudsperson report as part of its commitment to continuous improvement of Crown land authorization policies and procedures,” Minister Doug Donaldson said in a statement.

Chalke’s office will monitor the ministry’s progress in adopting the recommendations.

asmart@timescolonist.com