Metro Vancouver’s NSWWTP project - Demand for public inquiry - Section 765 Local Government Act

Dear Mayor and Council,
    I write to you on behalf of the North Shore Neighbourhoods Alliance (“the NSNA”) to urge that, following the recent out-of-court settlement of the civil action (“the Action”) between Metro Vancouver (“Metro”) and the project’s initial primary contractor, Acciona, you pass a motion at your next regular Council meeting calling upon our province’s Inspector of Municipalities (“the Inspector”) to initiate an inquiry, pursuant to section 765 of the Local Government Act (“the Act”), into Metro’s apparent gross mismanagement of its North Shore Wastewater Treatment Plant project (“the Project”) since its inception.
    Section 765 of the Act permits a municipality located within a regional district, in this case Metro, to formally call upon the Inspector to initiate an inquiry, to be conducted either by the Inspector or a designate, into any “by-law, order, decision or action made by a regional district board.” Presumably, with respect to the Project, these may include decisions or actions relating to the design and construction of a new plant, as opposed to completing an upgrade of the existing one, the site chosen for the new plant, the choice of primary contractor, the type and terms of the contract, the composition, qualifications and terms of reference of the Project management team, and any change orders issued during the design or construction, such as the move to tertiary treatment from secondary only.
    As with an inquiry conducted pursuant to section 764 of the Act, the inquiry being sought under section 765 must be open to the public. Accordingly, this would preclude ‘behind-the-scenes’ investigations resulting in a report, redacted or otherwise, released months or years hence. Further, the Inspector has the sole authority to determine the inquiry’s terms of reference. Importantly, unlike a ‘section 764 inquiry’, where prior authorization of the provincial Cabinet is required, in this instance the Inspector has sole discretion under section 765 to initiate an inquiry.
    Most importantly, the NSNA is advised that whenever an inquiry is being conducted pursuant to a statutory power, witnesses may be subpoenaed, and their oral testimony may be compelled, along with the disclosure of any and all documents in their care and control. Accordingly, with respect to the settlement of the Action and related matters, any non-disclosure agreements executed by anyone associated with the Project are not enforceable insofar as they would limit the inquiry.
    The Action was initiated by Acciona over four years ago, in March 2022. Information respecting the magnitude of this issue, with its significant financial implications for Metro taxpayers, was first released over two years ago, in March 2024. The convenient excuse of ongoing civil litigation respecting the Project no longer precludes a fulsome inquiry.
    It is long past time to commence a full, truly independent, and public inquiry into this matter, with the broadest terms of reference consistent with common sense. As you are aware, the next municipal elections throughout Metro and across our province are set to take place on October 17th, just 139 days away. A motion by your Council calling for a section 765 inquiry without further delay or hesitation is hereby respectfully requested.

 I ask that neither my name nor my contact information be redacted from this communication.
Yours sincerely,

David Marley
Chairman, NSNA
West Vancouver, BC