Commentary on Final Municipal Governance Agreement

After months of intense negotiations and careful consideration of the issues, the Waskesiu Community Council entered into an agreement with Parks Canada to facilitate the establishment of Waskesiu as a provincial municipality within Prince Albert National Park.

The 44-page agreement was signed and intialed by Don Ravis, Council chair and Herve Langlois, Council vice-chair.  It was also initialed by Kevin Van Tighem, PANP Superintendent.  It is being forwarded to Canada’s Minister of the Environment.

This agreement translates the agreement-in-principle approved by the Waskesiu community on July 2, 2006 into a legal document.  The vast majority of the terms remain intact but, as will be noted below, some significant improvements have been made.

The agreement is the legal framework on which provincial legislation will be based.  Such legislation is required to empower the municipality to assume its responsibilities and to collect fees and taxes to support municipal programs and services.  Provincial officials were consulted throughout this process in order to ensure compatibility between legislative requirements and the undertakings in this agreement.  Not all provisions of this agreement will become part of provincial legislation; only those relating to municipal responsibilities and powers.

The agreement also defines Parks Canada’s responsibilities and undertakings to the municipality. The financial commitments include $1.85 million capital funding; forgiveness of an $800,000 utility loan; $150,000 in transition funding; and an annual $25,000 contribution towards the cost of maintaining the day use area.  In addition, Parks Canada will transfer assets, including buildings, streets and roads, large and small equipment, and vehicles to the municipality for the nominal sum of $1.  These are outlined in Schedule A at the end of the agreement.

The agreement includes several improvements compared to the agreement-in-principle. The most noteworthy include:

• Article 3  - A statement of purposes for the municipality;  
• Article 4 - A description of municipal powers, authority, duties and functions; only bylaws impacting on the environment need to be submitted to the Minister for approval – under the agreement-in-principle, all bylaws would have required such approval.
• Article 7 – The first $70,000 municipal payment for Planning and Development services will commence in 2011; a two-year delay resulting in a savings of $140,000 to the municipality.
• Article 8 – Parks Canada will complete the sewage treatment facility at its own cost.
• Article 10 – Land rent on third party leases will be reduced to $1 per annum beginning in 2008, once property taxes are levied.
• Article 11- Although Parks Canada will continue to operate the utility services – sewer, water and garbage – until 2010, ownership of the utilities will be transferred to the municipality in 2008 and billings for these services will be made for the municipality beginning in 2008.  This change was made to allow the municipality to begin establishing capital reserves in 2008.  Additionally, beginning in 2010, Parks Canada will contribute to capital reserves and/or debt servicing like any other utility customer.
• Article 12 – The $800,000 utility capital loan is permanently forgiven.  As previously agreed to, Parks Canada has agreed to pay all costs associated with the study and repair, including structural repair, of the Highway 263 erosion on the road to the golf course.
• Article 14 – Parks Canada will continue to pay tuition fees on behalf of its employees’ children.  Although not part of the agreement, it was again confirmed that Saskatchewan Department of Learning has no intention of including Prince Albert National Park and Waskesiu in any provincial school division.
• Article 15 – Sets out dispute resolution mechanisms which, for a selected number of issues, may be referred to mediation and arbitration, if necessary.  The Municipality will nominate two representatives to sit on a committee that deals with the use of Parks Canada housing in the townsite. Parks Canada has also indicated it may release additional lots, subject to amendments to the Waskesiu Community Plan.
• Article 16 – Sets out the terms under which this agreement comes into effect.  It must be ratified by the Municipality of Waskesiu when it is incorporated.
• Schedules – Detail all assets – buildings and equipment – to be transferred to the Municipality at nominal cost.  Parks Canada has agreed to provide a lot in its existing compound, including two Quonset type buildings, for municipal storage and operational use.

Conclusion  - It is important to remember that Waskesiu remains part of Prince Albert National Park and under the umbrella of the National Parks Act.  Although the Municipality will be able to exercise most traditional municipal powers, it will not have authority over land use planning and development issues.

As well, during the negotiations, attempts were made to identify services that might be provided jointly, or under lease arrangements, in order to minimize duplication of equipment costs.  For example, Parks Canada will retain the road grader equipment, which will be available to the municipality under a lease arrangement.

The parties understand that this agreement will work best through a cooperative and collaborative approach going forward.  To this end, it was agreed that a Relationship Agreement will be developed to reinforce this approach.

The negotiation of this agreement took much longer than expected but both parties were determined to get it right.  Assisted by legal counsel, both parties did their due diligence in an effort to minimize the potential for conflict in the years ahead.  To be sure, issues will arise and unanticipated consequences will need to be addressed as this agreement is implemented.  Given the magnitude of this undertaking, we can expect some hiccups along the way.  Having said that, this agreement will serve the interests of the community well, allowing the community to set its priorities and determine the levels of service it wishes to pay for, and, with any luck, enabling future councils to arrest the slow decline in the state of our amenities that we have witnessed for several years.

Herve Langlois, Chair

Local Governance Committee

Waskesiu Community Council

January 10, 2007