Council Approves Entering Public Access/Ongoing Maintenance Agreement for Burlington Canal Pier with Hamilton Oshawa Port Authority
MY TAKE:It was a sad day when we learned of the Burlington Canal Pier would be closed, so I'm very grateful we'll entering into this agreement with the Hamilton Oshawa Port Authority (HOPA), who has taken carriage of this site. I want to thank City staff for their extensive work on this and a special thanks to Burlington MP Karina Gould who has been pivotal in these discussions and connections with the ministry and other stakeholders. MP Gould has been unwavering in her support to see this area open back safely. Reopening of the pier can't come soon enough and this agreement is one more step in that direction. Thank you to everyone who has collaborated in getting the Burlington Canal Pier open again.
• • •
Over the past year, considerable progress on establishing an arrangement for continued public access to the Burlington Canal Piers has been made jointly by Burlington and Hamilton including most recently with the transfer of operating authority of these piers to HOPA by Transport Canada.At our Sept. 20 meeting, Burlington City Council unanimously approved the City to proceed with an agreement with HOPA for public access and ongoing maintenance of the Burlington Canal Pier and to report back to Council with a status update and recommendations for consideration.Here is the full motion:
- Authorize the City Manager to proceed with negotiating an agreement with the Hamilton-Oshawa Port Authority for public use and ongoing maintenance of the Burlington Bay Canal shipping pier under terms as generally outlined in engineering services department report ES-43-22; and
- Direct the City Manager to report back to the Environment, Infrastructure and Community Services Committee following negotiations to provide a status update and recommendations related to the proposed public access and maintenance agreement.
BACKGROUND:The Burlington Canal Piers (both Burlington and Hamilton sides) are held in federal ownership. In addition to their function for shipping, the piers have a long history of recreational use by the public for walking, cycling, and watching the ships come through the canal. In the fall of 2020, Transport Canada formally advised both the City of Burlington (CoB) and the City of Hamilton of their intention to close the piers to the public, due to safety concerns.In December 2021, Transport Canada installed a lockable gate on both piers, preventing the public from accessing the piers at the portion where they project into Lake Ontario. Recognizing the strong desire to maintain public access, both cities have worked closely and engaged in joint discussions with Transport Canada to determine a strategy for the re-opening. Transport Canada has agreed in principle that the piers could be re-opened if each city assumes liability and ongoing responsibilities for recreational use of the pier. The federal government, under Transport Canada would retain ownership and continue operation of the shipping functions of the pier.In July 2021, a preliminary risk assessment of both piers was prepared by the City of Hamilton Risk Management group, providing an overview of identified risks and recommendations for improvements to mitigate risk to public safety. The risks identified include trip hazards related to uneven surfacing, water hazards due to the unencumbered pier edge, requirements for rescue equipment and other risk issues.During this period, numerous meetings have taken place between CoB, City of Hamilton, Halton Region, Transport Canada, and the Hamilton Oshawa Port Authority (HOPA). As Council is aware, HOPA is a regulated federal agency with responsibility for operation of the harbour. A concerted effort has been made to find a suitable arrangement to address the concerns of all parties, while maintaining both the commercial and recreational functions of the piers.As a result, in July 2022 Transport Canada officially transferred responsibilities for management of the piers to HOPA. Going forward, both cities will now be required to work directly with HOPA to negotiate and develop a formal public access and ongoing maintenance agreement. A similar agreement has been developed between the City of Oshawa and HOPA and will be used as a basis for developing the agreement, although specific terms of an agreement between HOPA and CoB will be guided by discussions to date with HOPA and the respective needs of the parties at this location.Based on preliminary discussions with HOPA, the general parameters for the agreement will include the following:
- The piers will continue to be maintained for shipping operations and responsibility for this function will reside directly with HOPA.
- HOPA will be responsible for structural and underwater infrastructure components of the piers to maintain their primary purpose for shipping.
- HOPA will be responsible for any pier structural and surface improvements to address deficiencies and safety issues identified. Safety improvements will address identified risks in the above noted report and including stable and level pier surfacing, new railings, lighting, water safety equipment and other improvements to ensure the pier is safe for public recreational use.
- City to provide ongoing minor or regular maintenance of the pier surface and any public amenity features such as waste receptacles, benches etc. in keeping with maintenance standards in City park facilities including sweeping, cleaning, waste collection and minor repairs.
- City to assume responsibility for operation of the gate, which may include annual winter closure.
- City to assume liability for public access and recreational use of the pier.
CoB has agreements for public use and maintenance of lands owned by other agencies including Hydro One, Conservation Halton and other agencies, providing precedents for this contemplated agreement between CoB and HOPA.HOPA will begin planning for the required pier infrastructure and safety improvements this year, with construction of the works planned to occur in 2023. The timing and length of time for construction completion will be contingent on the extent of pier repairs required, which is being assessed by a qualified engineering firm engaged by HOPA.Once the improvements have been made to address risks identified and an agreement is in place, the pier could be re-opened for public use. The date for re-opening will be confirmed at a later date by the City Manager.RELATED LINKS: