Relationship between IHS and city of Port Alberni is ‘complex,’ says CAO

Relationship between IHS and city of Port Alberni is ‘complex,’ says CAO

Full documentation of railway is not complete: Pley

The Western Vancouver Island Industrial Heritage Society tentatively holds ownership of the Alberni Pacific Railway, says City of Port Alberni CAO Tim Pley.

Pley responded on Monday to Port Alberni resident Roland Smith, who last week revealed he was able to reserve the name “Alberni Pacific Railway Ltd.” because no one else had the claim. Smith took the drastic action when the city failed to answer his repeated requests for the name of the railway’s owner.

Pley provided both a verbal and written response to Smith’s questions regarding the railway during a Monday, Oct. 23, meeting of council.

Smith felt that documentation about the railway’s organizational structure and registered owner was unclear, and successfully applied to the Corporate Registry to reserve the name “Alberni Pacific Railway Ltd.” to test his theory that it does not exist.

According to Pley, most of the confusion around the railway’s true owner stems from the complex relationship between the city of Port Alberni and the Western Vancouver Island Industrial Heritage Society (IHS).

Between 2012 and 2016, the city-owned McLean Mill National Historic site was operated by the IHS, and an operating agreement provided for IHS use of rails that the city held a land-use agreement for.

“That relationship evolved over many years, and for the most part, the agreements had leases that evolved over time, as well,” Pley said. “It appears to me that they evolved as needs arose.”

This led to some cases of documents that were not complementary or dated, said Pley.

When the McLean Mill Society took over McLean Mill in 2017, a number of “administrative gaps” arose. The most difficult part, said Pley, was that the IHS was the operator of the APR.

“This is the heart of Mr. Smith’s letter,” said Pley. “If there is an ownership, it belongs to IHS, the permanent operator of APR.”

In his written response to Smith, Pley further explained that in the early years of the railway’s operation, the IHS operated the railway for the city, so the point of ownership “may have been considered to be moot.” Which explains how Smith ended up reserving the name.

The city has to decide if they want to take on operation of the APR or move it over to the McLean Mill Society.

“We don’t currently have an operating agreement,” said Pley. “We’ve got all the pieces we need to ensure they’re operating safely and without liability risk to the city.”

The primary piece for this winter, he said, is to clarify who will be operating the train moving forward, and have whoever that operator may be under contract.

Pley’s full response to Roland Smith is in the city council agenda package, available below.

Oct23 CompleteOPT Lk by Elena Rardon on Scribd

Just Posted

AW Neill Elementary School in Port Alberni. (NEWS FILE PHOTO)
SD70 chooses new name for AW Neill School in Port Alberni

New name honours Nuu-chah-nulth Peoples’ connection to region

Douglas Holmes, current Alberni-Clayoquot Regional District chief administrative officer, is set to take on that position at the Regional District of Nanaimo come late August. (Submitted photo)
Regional District of Nanaimo’s next CAO keen to work on building partnerships

Douglas Holmes to take over top administrator role with RDN this summer

Ron MacDonald fields questions at a news conference in Halifax on Sept. 27, 2011. THE CANADIAN PRESS/Andrew Vaughan
Finding ‘comfortable’ indigenous monitor tough task in Tofino-area shooting death

Julian Jones case hampered by difficulty finding a civilian comfortable with privacy protocols

Port Alberni RCMP officer in command Insp. Eric Rochette presents longtime community policing volunteer Louie Aumair with a OIC appreciation certificate. (SUBMITTED PHOTO)
Port Alberni RCMP honour longtime volunteer

First responders receive support from broader community

The Dock+ is located on Harbour Road in Port Alberni. (SUSAN QUINN / Alberni Valley News)
PROGRESS 2021: Port Alberni’s food hub still growing a year later

The Dock hopes to open a retail store on Alberni’s busy waterfront

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

Most Read