Status
The following is intended to provide the current status of the Federal land from the Federal perspective.
February 28, 2024. Response from Sie Lassen of Public Works and Government Services Canada
From: Lassen, Sie (SPAC/PSPC) <Sie.Lassen@tpsgc-pwgsc.gc.ca>
Date: Tue, Feb 27, 2024 at 11:20 AM
Subject: RE: 2324-333 Comments from the Real Property Internet Site re: Federal property located at 3884 192nd Street, in Surrey, BC
To: Nrobertbell@gmail.com <Nrobertbell@gmail.com>
Cc: Info DGBI / RPB Info (TPSGC/PWGSC) <TPSGC.InfoDGBI-RPBInfo.PWGSC@tpsgc-pwgsc.gc.ca>
Dear Mr. Bell,
This is further to your email of February 16, 2024, enquiring on the Federal property located at 3884 192nd Street, in Surrey, BC.
In response to your questions, please kindly see below:
Q1: I understood that PWGSC would be undertaking a poll of government interest in continued use of the property by Federal Departments. Is that still on the back burner?
A1: Pursuant to the Treasury Board Directive on the Management of Real Property (the Directive), Public Services and Procurement Canada (PSPC) has been engaged to manage the disposal of the property in Cloverdale on behalf of Innovation, Science and Economic Development Canada (ISED). As outlined in Section 4.2.36 of the Directive, the disposition of a property includes a component for due diligence, as well as a “solicitation of public purpose interest” (SPPI), where federal departments, agent Crown corporations, provinces, municipalities and Indigenous groups can identify a public purpose interest in the property.
The disposition of the Cloverdale property is currently paused to allow ISED to address recent developments on the file. As such, no timelines have been set for the launch of the SPPI.
Q2: It is understood that in the interim, the agricultural use of the property continues with single year contracts. Correct?
A2: The property is currently being used for agricultural purposes. ISED is unable to disclose the terms of the lease as it contains sensitive commercial information.
Q3: Given the Indigenous stance, does this file now involve other Federal Government interests? If so, can you provide further clarification?
A3: PSPC is managing the multi-step disposition of the property on ISED’s behalf as per the Directive. PSPC provides recommendations to the disposing department (in this case, ISED) and supports ISED in making decisions. As per Sections 4.2.30 and 4.2.31 of the Directive, ISED “must consult with the Department of Justice Canada, Indigenous Services Canada, and Crown-Indigenous Relations and Northern Affairs Canada when the Crown contemplates a disposal of real property by way of sale, exchange, gift, easement, transfer of administration, or transfer of administration and control”. ISED must also “consult with Indigenous peoples when there is a legal duty to consult about an intent to dispose of real property”.
I hope this information is helpful.
Please continue to use the RPS General Inbox email address (TPSGC.InfoDGBI-RPBInfo.PWGSC@tpsgc-pwgsc.gc.ca) for all future correspondence.
Yours sincerely,
Sie Lassen
September 12, 2023. Response from Mike Bandy of the Agricultural Land Commission
Hello Nigel,
There is nothing additional to report on the matter at this time – the Commission is still in dialogue with affected parties.
Regards,
Mike Bandy | Regional Planner
Agricultural Land Commission
201 – 4940 Canada Way, Burnaby, BC, V5G 4K6
T: 236.468.3276
ALC.Referrals@gov.bc.ca | www.alc.gov.bc.ca
From: Nigel Bell <nrobertbell@gmail.com>
Sent: Saturday, September 9, 2023 3:19 PM
To: ALC Referrals ALC:EX <ALC.Referrals@gov.bc.ca>
Subject: Re: Inclusion of Surrey Federal Land in ALR
Hi Mike,
As of this date, I have not been able to find any additional submissions as suggested in your last email.
Can you advise?
Best regards,
Nigel Bell
July 25, 2023. Response from Ben Black of Federal Public Works
Hi Nigel:
Thanks for your patience with me in providing a delayed response. It’s been a busy spring/early summer!
While I can’t provide the overall report to you, what I can identify is that the report found that overall, there were no species at risk identified at the site, specifically in the forested area. There is a potential critical habitat for Oregon Forestsnail and further targeted Oregon Forestsnail survey work would be required if any potentially planned project works were to take place. Environmental and Climate Change Canada (ECCC) identified critical habitat for Species at Risk Act (SARA) threatened barn owl, however the site does not possess any critical habitat attributes. Critical habitat suitability survey is recommended to confirm the site is not a critical habitat for barn owl.
Please let me know if you have any further questions/concerns. At this point, any further outreach with the City of Surrey/Province/etc is being deferred while we work through the consultation process with the Katzie, Kwantlen and Semiahmoo First Nations.
Sincerely,
Ben Black, BA, MURP (He/Him/Il)
Regional Manager, Real Estate Services
Public Services and Procurement Canada / Government of Canada
April 11, 2023. Response from Agricultural Land Commission to Request re Progress
Hello Nigel,
The Commission has not yet made a decision on the proposal, and at this point I can’t provide an accurate estimate of when a decision will be made. The Commission has extended the opportunity for the City of Surrey, the Government of Canada, and affected First Nations to comment on the proposal, and will consider the matter upon receipt of input from the above parties. Submissions from the above parties will be compiled and made available on the ALC website once all submissions have been received.
Updates will be posted here as the project progresses:
https://www.alc.gov.bc.ca/proposed-alr-inclusion-of-federal-lands-in-the-city-of-surrey/
Regards,
Mike Bandy | Regional Planner – South Coast, Island, Kootenay
Agricultural Land Commission
Hello Mike,
Just a further question concerning the Federal Lands in Surrey.
Ben Black of Federal PSPC advised that a response letter was sent from them to the ALC concerning the possible inclusion of the Federal Land in the ALR. Can you advise where I can find a copy of this letter?
Best Regards,
Nigel Bell
On Tue, Apr 4, 2023 at 1:14 PM Nigel Bell <nrobertbell@gmail.com> wrote:
Mike Bandy,
I believe it was suggested that the Commission would be making a decision in March of this year about including the Federal Land at 3884 192nd Street in Surrey in the Agricultural Land Reserve.
Can you advise about the status of this?
Best Regards,
Nigel Bell
Wed, Apr 5, 2023. Request for update from Ben Black, PSPC re Species at Risk and ALR status.
Hi Nigel:
Thanks for reaching out. Unfortunately given how this file is tracking there isn’t a lot of information I can share at this point.
I can say that the Species at Risk work was conducted and completed about a week ago. We’re meeting with our environmental teams to better understand the results of the report. This will be taking place over the next few weeks.
I can’t comment on the current federal position with respect to the ALC’s actions on this file. We did provide a response letter to the ALC many weeks ago which I’m surprised hasn’t been posted on their website along with all other feedback.
You may be interested in checking in with the ALC to see if it has been posted on their website and if so, where.
Sincerely,
Ben Black, BA, MURP (He/Him/Il)
Regional Manager, Real Estate Services
Public Services and Procurement Canada / Government of Canada
From: Nigel Bell <nrobertbell@gmail.com>
Sent: April 1, 2023 5:05 PM
To: Black, Ben (SPAC/PSPC) (il-lui / he-him) <Ben.Black@tpsgc-pwgsc.gc.ca>
Hi Ben,
This is just a follow up to my previous email. Two questions:
-
A report concerning Species at Risk on the subject property was, I believe, due in March of this year. Has the report been received, and if so, can its conclusions be shared?
-
The Agricultural Land Commission has indicated its intent to place the subject lands in the Agricultural Land Reserve. This is supported by the City of Surrey, but three Indigenous groups have intervened in this process. What is the current Federal position?
Best regards,
Nigel Bell
January 18, 2023.
The following is the response to Federal Petition e-4128 (Agriculture) by the Minister of Innovation, Science and Industry. Signed by (Minister or Parliamentary Secretary): The Honourable François-Philippe Champagne. Innovation Science and Industry is the custodial department for the Federal Land.
"The Government of Canada recognizes the importance of robust food systems for Canadians. The Government of Canada’s management of real property is guided by the Treasury Board Directive on the Management of Real Property. The objective of the directive is that real property is planned, acquired, used, and disposed of in a manner that supports the delivery of programs and services to Canadians while ensuring best value to the Crown. Accordingly, when federal departments no longer have a program requirement for real property, they are encouraged to declare the land surplus and return it to productive use within the community. Innovation, Science and Economic Development Canada has been in the process of disposal of this property, in accordance with the terms of the directive, but has delayed the next step – the solicitation of public purpose interest with relevant parties – while the Department addresses recent developments on this file."
This Federal file has now been taken over by Ben Black, Regional Manager, Real Estate Services, PSPC
December 22, 2022. Ben replied as per the red text that follows.
Hi Nigel:
My responses are listed below in red font.
Sending best wishes along to you as well during the holiday season!
Sincerely,
Ben Black, BA, MURP (He/Him/Il)
Regional Manager, Real Estate Services
Public Services and Procurement Canada / Government of Canada
Hi Ben,
Thanks for the response. I have three things I would like to ask about:
-
What is the Federal position regarding the possible inclusion of the property in the Agricultural Land Reserve? I’m unable to comment on the federal position with respect to the ALR consideration at present. Canada is considering this recent news and the impact it may have on the sale of the property and will evaluate all factors in making a final decision relative to the property. In an update recently provided to the First Nations (Kwantlen, Katzie and Semiahmoo), the City of Surrey, MVRD, the Lessee (Heppell’s), amongst other interests we indicated that Canada will be taking some additional time to hear input from the three first nations to ensure we fully document any information they may have relative to their historical use/association with the site. For that reason, the solicitation of public purpose interest to the stakeholders will be deferred until we have the information mentioned above.
-
Is the inventory of interest in use of the property completed? If so, can you disclose those interests? It is not. As per the response to #1, this process has been paused until further notice pending important work with Kwantlen, Katzie and Semiahmoo. The three nations requested Canada pause the solicitation process to allow sufficient time to review historical use/association information with them over the coming months.
-
Has the Species at Risk study been completed? If so, can you share? The work is underway. A draft report is expected in March 2023.
-
Has the Indigenous interest in the property been clarified? Can you share? As per the answers to #1 & 2 above.
Best wishes of the season,
Sincerely,
Nigel Bell
December 19, 2022
Hi Ben,
Thanks for the response. I have three things I would like to ask about:
-
What is the Federal position regarding the possible inclusion of the property in the Agricultural Land Reserve?
-
Is the inventory of interest in use of the property completed? If so, can you disclose those interests?
-
Has the Species at Risk study been completed? If so, can you share?
-
Has the Indigenous interest in the property been clarified? Can you share?
Best wishes of the season,
Nigel Bell
October 21, 2022
He responded to a request for information about what appeared to be a tour of the Federal Land and that was observed by a neighbour.
To answer Shauna’s question below, we haven’t been made aware of any event taking place around the ISED Cloverdale site. It may be something that was organized by the Heppell family which we wouldn’t necessarily be privy to.
I can verify that the only activity that PSPC (on behalf of ISED) has requested on/around the property of late is an updated appraisal for the property and a Species at Risk study to examine what sensitive wildlife/ecosystems may be present.
I’ll verify with our client in Ottawa but they have not made us aware of anything that would involve a tour bus/politicians. The level of interest from all parties remain high on this site.
June 10, 2022. This Refers to the Latest Status of the Federal Disposal Process Currently Underway.
I spoke with federal Public Works today to understand the current status of the disposal process which is underway for the Federal property in Surrey that is bordered by 192nd Street and 36th Ave. ISED’s Cloverdale Site was declared surplus to its program requirements in 2016 and PSPC was engaged to undertake the necessary disposal with due diligence in accordance with TB’s Directive on the Management of Real Property. In reference to 4.2.34, PSPC plans to formally solicit expressions of public interest from all levels of governments and Indigenous groups later this year for further discussions into next year. Note that in the Directive, section 4.2.34 under heading 4.2 reads as follows:
Real property practitioners in a custodian department are responsible for the following: Soliciting expressions of public purpose interest in all or a portion of the site simultaneously from federal departments, agent Crown corporations, provinces, municipalities, and Indigenous groups;
Discussions with First Nations interests are ongoing. It was emphasized that this falls into the federal legal sphere and not under the disposal policy . It is understood that any possibility of including the land in the ALR will need to await the results of the request for expressions of interest. Action to alter the Surrey Campbell Heights plan to include the federal agricultural and woodland current use is independent of the federal disposal policy. This means that efforts to persuade Surrey to alter that plan should continue. I will post this to Beautifulbrookswood.com website. In support of our efforts to preserve these lands, please feel free to circulate this message as you wish.
Nigel Bell
Dialogue with Billy Ng, Real Estate Advisor for Public Works and Government Services Canada
May 4, 2021
Hi Nigel,
Thanks for the call last week to discuss recent questions raised by Brookswood Neighbours (via emails/calls).
As discussed:
1. With regards to your “Federal Land Website” email (attached), we wish to acknowledge receipt of your email and thank-you for sharing your website with us.
2. With regards to your “Future Land Transfers” email (attached), we wish to acknowledge receipt of your email and thank-you for sharing the news article with us.
3. With regards to an earlier call requesting for the contact info of Indigenous groups under consultation, we will ask the Indigenous groups if they wish to be contacted and let you know. We will likely have another meeting with them this summer and will let you know then.
Thanks again.
Billy Ng
April 8, 2021
Just got off the phone with Billy Ng of PWGSC. He advised that they are waiting for Treasury Board to approve the next stage regarding the Federal Lands. The next stage is his department going out to the other federal departments to ask if they have an interest in the property. This should happen by the end of this year. There are no plans to sell the property at this time.
I asked if he could reveal who the principal Indigenous group is that is involved in negotiations. He said he would advise, but needed to seek a legal opinion first.
We confirmed our understanding of the City of Surrey position and the Campbell Heights plans.
He revealed that our correspondence to other federal departments resulted in his needing to respond as that correspondence comes back to him. I said that that has the effect of raising awareness...
Nigel Bell
Feb. 9, 2021, 3:07 p.m.
Thank-you for your interest in Innovation, Science and Economic Development Canada (ISED)’s surplus property (“Cloverdale Site”) in Surrey, BC. Public Services and Procurement Canada (PSPC) is assisting ISED in the divestiture of this property in accordance with Treasury Board’s Directive on the Sale or Transfer of Surplus Real Property, available online at: https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12043.
As part of the divestiture process, we will circulate this property to all other federal departments/agencies/Crown corporations, provincial ministries and local regional/municipal governments to provide them an opportunity to acquire this property for a public purpose that could include environmental protection and/or conservation. This is in conjunction with our current, ongoing consultation with local Indigenous groups as well. The pending circulation will include a property description and, in it, will include description of the forested area (including Anderson Creek). We understand our circulation will reach all government entities with environmental protection and/or conservation mandates and programs for their considerations.
Based on our current divestiture schedule, our circulation is anticipated to occur later this year followed by discussions with interested entities.
Warm regards,
Billy Ng
Real Estate Advisor,
Real Estate Services
Public Works and Government Services Canada
Government of Canada
219 - 800 Burrard Street,
Vancouver BC V6Z 0B9
billy.ng@pwgsc-tpsgc.gc.ca | Telephone: 604-764-5803 | Facsimile: 604-775-6634
Subject: Federal Land in surrey
Dear Billy,
I am a resident of Brookswood, a neighborhood in the Township of Langley, British Columbia. I am writing to you in regards to a piece of land, owned by the federal government, that is located on the border of the City of Surrey and the Township of Langley.
The approximate area of this land is along 196th-192nd, and between 36th and 44th ave. The property is on the Surrey side and is part of a long term plan for industrial development. Part of this land is actively used for farming, and I have read an email from the farmer of the land, who wrote the following; “The soil is some of the best and limited amount of class 1 soils we have in the province, and ideally situated as far as our traditional weather patterns go for early to market AG products”.
The other portion of the land is old and new growth forest. The forest is full of wildlife, wildflowers, a river, and lush trees. On any given day, you will see woodpeckers, blue jays, owls, squirrels, and in the past deer. Deeper into the forest is Anderson Creek, which appears to be an active salmon run. Along the creek are eagle nests. Several residents (including myself) have seen up to 20 eagles hunting the river and forest for food. This forest is not only home to an abundance of wildlife, and it's also one of the few forests left in the area.
In recent years, developers and the City of Surrey cut down hectares of forests to make space for Campbell Heights development. Please don’t let this happen to this last untouched area. The residents of the area want to continue to enjoy the beauty of the forest and all the lives in it.
Thank you for your support.