Saturday, October 10, 2009

 

Time to start those tolls on Sea-to-Sky Highway

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Did I mention that block-buster issues explode into the news on Friday afternoons? Yesterday was no exception. BC Hydro and BC Tranmission Corporation sue Peter Kiewit & Sons ... a story within a story within a story ... by Laila Yuile. Here's an excerpt ... but first, have a look HERE, then:


... if the government gets lower financing rates, then why do a P3 project at all? )

Now, the contractor on the Sea to Sky highway, Peter Kiewit and Sons, is being sued in Supreme Court by BC Hydro and BCTC.

That same contractor – who allegedly failed to pay a pretty big bill submitted by those public utilities – was kept on by the BC government to build the Port Mann project….despite the fact their financing fell through last year. Hmmm. Gets you thinking, doesn’t it?

The whole scenario drew me back to a letter I received from a rather knowledgable reader recently, one that I’ve been mulling over for some time because of the nature of the contents.

Here is the letter, with links inserted by myself where I think it to be appropriate. I think it raises some valid questions about the Port Mann Bridge project, especially in light of the news regarding the BC Hydro/ Peter Kiewit lawsuit :

‘Morning Laila,

I don’t know how familiar you are with the Province’s highway construction programme, but I’ll assume you know nothing and lead up to my most recent peeve.

In the ‘good old days’, before P3’s, when the Province wanted to build a road or bridge, they designed the work, put it out for tender and the lowest qualified bidder was awarded and built the work. Any contractor that had the financial wherewithall, as determined by his bonding company, was ‘qualified’ and entitled to bid on the work, often resulting in 15 or so bidders.

The process was known as Design/Bid/Build. The Province provided the Design, often a Bill of Quantities to ensure that all were bidding with the same parameters, and often made available certain materials, such as gravel and asphalt oil, to reduce the risk and level the playing field.

Under the recently developed P3 process, when the Province decided to build a road or bridge they invited ‘Expressions of Interest’ from (presumably) these same contractors.
However, the projects were usually considerably larger resulting in fewer contractors that could meet the financial qualifications ...


Click HERE for Laila's full column about bidding, bid-rigging and vote-rigging ... with many embedded links. Recommended reading.

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Anonymous has left a new comment:

http://www.cn.ca/en/company-history-bc-rail-1949-present.htm

From the above link I have two questions:

Question 1:

"taxable Canadian corporation..." is that different than a taxable British Columbian crown corporation?


Question 2:

Does anyone know if there is copy of the agreement between B.C. Harbours Board Railway and BCRC?


"In 1984, the British Columbia Railway was financially restructured. Under the new organization, BC Rail Ltd. was formed as a taxable Canadian corporation, 25 per cent owned by the British Columbia Railway Company (BCRC) and 75 per cent owned by a wholly owned subsidiary of BCRC, BCR Properties Ltd. The sole common shareholder of BCRC is the province of British Columbia. Shortly after the reorganization, the BCRC group purchased the B.C. Harbours Board Railway, a 23-mile line linking the national railways to the Robert's Bank super port."


From the PACIFIC COAST AMATEUR HOCKEY ASSOCIATION
RULES AND REGULATIONS - ADDENDA

Item 28 still uses "B.C. Harbours Board Railway" as a defining line of jurisdiction for Surrey MHA http://www.pcaha.bc.ca/rules/ruleszoneregs.html


"......today we're dealing with legislation to wipe out the B.C. Harbours Board. When it comes to transferring certain assets of the Harbours Board, I have no particular concern. The railway is going to be transferred to B.C. Rail; so be it. The operation of the port: maybe that can be handled well by BCDC.

But when it comes to turning over to that particular minister 4, 000 acres of the best farmland in the province, then I have to raise my voice in objection to the legislation before us......

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01088

AUGUST 26, 1983

Anybody want to respond to these questions? - BC Mary.

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And another one:

"we wanted to turn over to the B.C. Land Commission control of all of the land that was owned by the B.C. Harbours Board that was not needed for the purposes that the legislation originally came in for - providing the rail line and, shipping the coal. Perhaps 100 acres was all they really needed for that, but all the rest of the land could have been better administered by the Land Commission than it could by the Harbours Board......."

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01092


It would appear that the Consolation Prize as we now know it was being fought over in 1983 between the NDP as the Opposition party with the Social Credit/Liberals wanting to have BC Rail being the sole holders.....

Just how much of this land is required to run a railway and how much of the remainder is being used for the Gateway Project.

As far as the Consolation Prize is concerned what is its footprint, its legal description of land titles.
HON. MR. PHILLIPS: Who do you think has had control of it since 1976? Who do you think is chairman of the Harbours Board?


some sixteen and a half years ago the Social Credit administration in British Columbia was setting up what was then the seventh Crown corporation. That was just the beginning of it. They set up the B.C. Harbours Board, with initial power to borrow up to $25 million. Of course, the government wasn't borrowing money in those days. The people of British Columbia were responsible for a lot of contingent liabilities, and this was one more contingent liability. The province of B.C. didn't borrow the $25 million, but the B.C. Harbours Board did have the authority in the legislation that was given first reading on March 14, 1967.

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01088



Here's a history lesson on the "Consolation Prize" as Finance Minister Gary Collins was being tape recorded by various police forces which eventualy ended up going "Everywhichway" Basi/Virk/Basi and the BC Liberals became involved. It all started with out with WAC Bennett and the

THE CUTHBERT CASE
http://www.ombudsman.bc.ca/resources/reports/Special_Reports/Special%20Report%20No%20-%2003.pdf

One more:

Anonymous has left a new comment on your post "Time to start those tolls on Sea-to-Sky Highway":

"we wanted to turn over to the B.C. Land Commission control of all of the land that was owned by the B.C. Harbours Board that was not needed for the purposes that the legislation originally came in for - providing the rail line and, shipping the coal. Perhaps 100 acres was all they really needed for that, but all the rest of the land could have been better administered by the Land Commission than it could by the Harbours Board......."

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01092


It would appear that the Consolation Prize as we now know it was being fought over in 1983 between the NDP as the Opposition party with the Social Credit/Liberals wanting to have BC Rail being the sole holders.....

Just how much of this land is required to run a railway and how much of the remainder is being used for the Gateway Project.

As far as the Consolation Prize is concerned what is its footprint, its legal description of land titles.

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Comments:
http://www.millergroup.ca/news/index.html?id=05Mar22_1

"S2S Transportation Group is made up of world leaders in highway financing, design construction and operation. Macquaire North America is the project lead and will be arranging the financing.
Peter Kiewit Sons Ltd will undertake the construction. Hatch Mott McDonald will provide design engineering and Miller operations, maintenance and rehabilitation services."

*************************************

Last page of this pdf file:

http://www.partnershipsbc.ca/pdf/STS_RFQ_short-list_05-12-04.pdf

********************************
 
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Well worth a look.

Thanks, 6:50.
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As much as the BC Liberals have tried to hide the total costs of the 2010 Winter Olympics here are http://www.buyusa.gov/canada/en/744.pdf some facts from the US side of the border called US Commerical Service.

"$7 billion on projects in US Dollars." "Capital construction projects associated with the Olympics" listed as well.

CS Vancouver is the contact.... eg. Commerical Service Canada for USA
http://www.buyusa.gov/canada/en/commercialservicevancouver.html

All with the help of Progressive Group where Sean Holman of Public Eye found documents detailing just how much monies was being paid to them to undermine our economy.
 
More thanks to Anon 7:07, and to Sean Holman for his great work at Public Eye Online.

I especially noted this in the "Commercial Services Canada for USA" information. They are describing projects in BC (i.e., Vancouver) where "opportunities" exist for U.S. companies.

One such project is:

vancouver Port Expansions announced described as:

DeltaPort: expanding facilities by 50 acres for operations and storage and a 3rd berth. Lynnterm, Centerm, Vanterm expansions announced.

"DeltaPort project has begun and is scheduled for completion in 2009. The main on-site components include: a wharf to create the 3rd berth, creation of land for a container storage yard, tug moorage area, ship access channel, terminal services and infrastructure."

So far as I know, BC Rail still owns DeltaPort.
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Debacle in Delta
How the Campbell government is engineering a disaster.

By Rafe Mair
TheTyee.ca - July 23, 2007

Part of expansion plans

The Campbell government, faking open government, has held phony "open" cabinet meetings with the real business done behind closed doors. Thus it's not surprising that residents of Delta weren't told about the real Deltaport expansion by candid politicians but from Freedom of Information exercises done by a suspicious (rightly) media and residents who (rightly) smelled a rat.

Let's do what the governments should do and lay out the real story ...
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Have you noticed this about blogs... if there is only one to three comments... it takes the third to fourth comments to start the ball rolling.

Good on ya.
 
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and this:

http://74.125.93.132/search?q=cache:YkgkoriLsSUJ:www.delta3berthinfo.org/sites/delta3berthinfo.org/files/BCRC%2520Port%2520Sub%2520Presentation%2520to%2520DCLC.ppt+BC+Rail+owns+Deltaport&cd=2&hl=en&ct=clnk&gl=ca
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http://www.cn.ca/en/company-history-bc-rail-1949-present.htm

From the above link I have two questions:

Question 1:

"taxable Canadian corporation..." is that different than a taxable British Columbian crown corporation?


Question 2:

Does anyone know if there is copy of the agreement between B.C. Harbours Board Railway and BCRC?




"In 1984, the British Columbia Railway was financially restructured. Under the new organization, BC Rail Ltd. was
formed as a taxable Canadian corporation, 25 per cent owned by the British Columbia Railway Company (BCRC) and 75 per cent owned by a wholly owned subsidiary of BCRC, BCR Properties Ltd. The sole common shareholder of BCRC is the province of British Columbia. Shortly after the reorganization, the BCRC group purchased the B.C. Harbours Board Railway, a 23-mile line linking the national railways to the Robert's Bank super port."


From the PACIFIC COAST AMATEUR HOCKEY ASSOCIATION
RULES AND REGULATIONS - ADDENDA

Item 28 still uses "B.C. Harbours Board Railway" as a defining line of jurisdiction for Surrey MHA http://www.pcaha.bc.ca/rules/ruleszoneregs.html


"......today we're dealing with legislation to wipe out the B.C. Harbours Board. When it comes to transferring certain assets of the Harbours Board, I have no particular concern. The railway is going to be transferred to B.C. Rail; so be it. The operation of the port: maybe that can be handled well by BCDC.

But when it comes to turning over to that particular minister 4, 000 acres of the best farmland in the province, then I have to raise my voice in objection to the legislation before us......

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01088

AUGUST 26, 1983
 
"we wanted to turn over to the B.C. Land Commission control of all of the land that was owned by the B.C. Harbours Board that was not needed for the purposes that the legislation originally came in for - providing the rail line and, shipping the coal. Perhaps 100 acres was all they really needed for that, but all the rest of the land could have been better administered by the Land Commission than it could by the Harbours Board......."

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01092


It would appear that the Consolation Prize as we now know it was being fought over in 1983 between the NDP as the Opposition party with the Social Credit/Liberals wanting to have BC Rail being the sole holders.....

Just how much of this land is required to run a railway and how much of the remainder is being used for the Gateway Project.

As far as the Consolation Prize is concerned what is its footprint, its legal description of land titles.
 
HON. MR. PHILLIPS: Who do you think has had control of it since 1976? Who do you think is chairman of the Harbours Board?


some sixteen and a half years ago the Social Credit administration in British Columbia was setting up what was then the seventh Crown corporation. That was just the beginning of it. They set up the B.C. Harbours Board, with initial power to borrow up to $25 million. Of course, the government wasn't borrowing money in those days. The people of British Columbia were responsible for a lot of contingent liabilities, and this was one more contingent liability. The province of B.C. didn't borrow the $25 million, but the B.C. Harbours Board did have the authority in the legislation that was given first reading on March 14, 1967.

http://www.leg.bc.ca/hansard/33rd1st/33p_01s_830826a.htm#01088



Here's a history lesson on the "Consolation Prize" as Finance Minister Gary Collins was being tape recorded by various police forces which eventualy ended up going "Everywhichway" Basi/Virk/Basi and the BC Liberals became involved. It all started with out with WAC Bennett and the ]
THE CUTHBERT CASE http://www.ombudsman.bc.ca/resources/reports/Special_Reports/Special%20Report%20No%20-%2003.pdf
 
For those of the public who are still struggling with the "No Comment" comments regarding various scandals AND the fact that the question was directed to someone other than the AG of BC during Mister Opall's four year duration as an MLA:

A History lesson:

MR. McGEER: Mr. Speaker, is it proper for a question to be asked of one Member of the executive council and the answer to be given officially by another?

MR. SPEAKER: Usually the proper course is that if there's been an error by the Member asking a question as to jurisdiction of particular Ministers, the question is sent back by the Clerks to the particular Member and redirected to the proper Minister. But there may be occasion when, out of courtesy, it merely is passed over to the proper Minister rather than sending it back."


There you have it, its the Speaker's responsibility to ensure that the correct Minister answers the question or the Speaker's Clerks.... none other than PAB.

http://www.leg.bc.ca/hansard/30th3rd/30p_03s_731024p.htm#00909
 
Re the Cuthbert case, reading the whole page, I felt such pain for that family,it was like reading a story and the last few pages pulled out of the book.
What happened to the Cuthberts, did they get it back?

They fought a hard long fight, and they won, they felt so strongly that when Maureen died (I found her Obit)Maureen Swenson Cuthbert July 24, 1923 October 24, 2007 they wrote this

Maureen was always interested in politics, supporting individuals and
parties who recognized the obligations and contribution of the common man to
our communities. In 1968, Roy and Maureen risked their future and challenged
the original intent and purpose for the expropriation and use of Roberts
Bank farm lands. In 1981, those principles were recognized and established precedent in expropriation law as title to their property was returned.
--
The Cuthberts were lucky, the fight continued by others,here are other families `The Brunswick `Point farm lands`.relatives to the Cuthberts

Read Bullet 45

http://www.cariboord.bc.ca/CRDDirectors/2006%20agendas/Nov2006/November%2017,%202006/TAC%204.5.pdf

EM
 
Thanks so very much for this find, EM.

It got me thinking back to some adult conversations I overheard as a child ... to do with the history of how Mud Bay was dyked (how do you spell that?) which enabled Mud Bay to be reclaimed as prime farm land ... lands created from the silt of the Fraser River, the Niklmekl and another one which I can't remember ... is anybody familiar with that part of BC history?

The gist of what a small child overheard (and it may be all wrong) is that certain lucky people were awarded these choice, fertile flatlands, while a lot of other people were left to wonder why.

It sounds like the kind of hornets' nest which the Cuthberts encountered in their battle over land.
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EM,

I want to thank you again for the privilege of seeing this vibrant, tragic piece of BC history.

It shows that an original sin ... like the "sale" of BC Rail, for example ... cuts a swathe of havoc through the province; things get nastier, uglier, and anti-social the longer the basic issue is left unresolved.

It's so easy to see how the initial land-grab was twisted into becoming the Tsawwassen Treaty.

It takes a guy like Gordo to think up these things.

Sheesh.
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Gordo was only following in the footsteps of the Federal Liberals when they sold off CNR.
 
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