March 8, 2007

TransLink Legislation Missing

In a classic move to manipulate the news, Transportation Minister Kevin Falcon gave embargoed interviews on March 7th prior to the release of the TransLink Governance Review Panel Report on March 8th. The evening before the release, Global TV's Keith Baldrey was able to report on the key details of the about to be released report, and the Vancouver Sun was able to echo that coverage. When Falcon finally issued a news release on Thursday, one major item was missing. Enabling legislation was not introduced in the Legislature, no date was given when it would be tabled and the questions it would answer could not be answered by Falcon. A "backgrounder" to Falcon's news release, is notable for what it does not contain, namely the obligations of the provincial government.

The Panel recommended that:

Appendix 11.5 of the Panel's report provided a 74 word outline of what it saw as the basic requirements for the government's 30-year plan; clearly there is a little work yet to be done. It might be wise to apply the reporting requirements recommended by the Auditor General to the 30-year plan the province is to produce. If the new governance structure were to go into effect January 1, 2008, the province would already be 3 months behind schedule on making its 30-year plan public. The Plan's Appendix also provided a 240 word outline of what it saw as the requirements for TransLink's 10-year Strategic Plan.

With a stroke of the legislative pen, wielded by the government's majority, the structure and mandate of both the transit authority and the regional districts can be changed within a few days. In that context, it is vitally important for the Campbell government to declare whether it supports the Greater Vancouver Regional District's Livable Region Plan. The Panel's report spoke about integrated transportation planning when it said section 4(f ) in the GVTA Act: "… requires TransLink to identify the effects on the regional transportation system of the regional growth strategy, municipalities' official community plans, major development proposals and provincial highway infrastructure plans." On March 24, 2006, the GVRD conducted a workshop to review key issues involving population growth in the region. The background paper stated: "The regional transportation system, including roads and transit, plays a critical role in shaping and reinforcing residential growth." Falcon may be getting things backward by using transportation to drive regional growth rather than molding regional growth through transportation strategies that are compatible with the Livable Region Plan. A 30-year plan that doesn't deal with that issue is worthless.

The Panel's report claimed that one of the benefits of its recommendations is: "Clear delineation of responsibility between the elected Council of Mayors and the non-elected TransLink Board and independent commissioner." That is nothing but a questionable assertion. Is it a political decision to ban photo-radar on the Pattulo Bridge? Is it a political decision to determine the nature of a median for that bridge? The answers to those questions determine who makes them in the new "clear delineation of responsibility". Anyone who thinks the new 11 person unelected "professional" TransLink Board will not be making political decisions is dreaming. The Panel recommended that the new board be appointed by a temporary transition board of three people, but who doesn't understand that those people would simply be doing the government's bidding?

Falcon kicked off his new governance structure with some political decisions. He announced that his old enemy, the parking stall tax, would be killed. He also announced that the Council of Mayors will have "… the authority to increase fuel taxes within TransLink's service area by up to three cents per litre in the coming years, on the condition that additional revenues from any increase in fuel taxes is balanced with increases in property taxes and other revenues (including fares) …" In other words, Falcon ruled out options such as sharing part of BC's windfall profits from natural gas with the region. Usually tax announcements are made by the Minister of Finance, but with his announcement on gas taxes, fares and property taxes, Falcon acted as Minister of Finance, and he's already fixed the split between some sources of revenue. The Panel provided political cover for Falcon by recommending a one-third, one-third, one-third split between gas tax, fares and property taxes, but the Campbell government will have to take responsibility for the revenue structure when they finally introduce legislation.

The Panel recommended the appointment of "an Independent Office of the TransLink Commissioner". Don't you just love it when the government uses the word "independent" in the title of the bodies it appoints? It is as if they have to send a political message that they aren't responsible, even though everyone knows they carry the ultimate legislative weapon to affect any decision. Missing from the Panel's report are the criteria the Commissioner must use in carrying out the duties of approving (or rejecting) fare increases.

The government's news release said: "The Province intends to move forward with the recommendations so that the new TransLink structure will restore public confidence, provide sustainable funding and meet environmental priorities of British Columbians." The least they could have done is to mention a timeline, including a date for the introduction of legislation.