Recycling depot temporarily closes
Village to seek legal advice after finding out facility was operating on territorial land
April Hudson
Northern News Services
Thursday, April 7, 2016
INUVIK
Fort Simpson's recycling depot is shut down until further notice after questions were raised about the land's ownership.
Rowe's Recycling has operated out of this quonset hut for the past 30 years, according to Pat Rowe. - April Hudson/NNSL photo
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Rowe's Recycling runs out of a quonset hut at the end of the island, which sits on Commissioner's land.
On April 4, community member Reg Bellefontaine, who said he is competing to become the recycling depot licence holder in Fort Simpson, delivered a letter to village council informing them Rowe's Recycling does not own or lease the land it operates on.
"I cannot compete fairly against any arrangement that includes the free use of public property and facilities by my competition," Bellefontaine wrote in that letter.
Mayor Darlene Sibbeston confirmed there is no lease on the site in question.
When reached for comment, Pat Rowe said the depot is currently working on the issue, which he said "is in litigation."
He said the business opened in 1989 after a "handshake deal" with the Village of Fort Simpson but added he hadn't been aware the village did not own or lease the land.
Department of Lands spokesperson Leslie Campbell said in an e-mail that while the lands are administered by the Commissioner of the Northwest Territories, the buildings on the property belong to the Village of Fort Simpson, which has never held tenure on the land.
"The current bottle depot contractor is purchasing the infrastructure from the village so they may apply for a lands lease," she stated.
Campbell said the Department of Lands asked Rowe's Recycling to apply for a lease, which the business can do once it has proof of ownership of infrastructure on the site.
Bellefontaine said he is concerned the village would be on the hook for any environmental cleanup for the site.
Additionally, he brought up a line in Fort Simpson's business licensing bylaw that stipulates "No person shall operate a business from public or private property without the permission of the said property owner."
"Knowing this, how could the village have been issuing business licences ... without the permission of the legal property owner?" Bellefontaine wrote.
"The village obviously needs to get good advice to avoid any future liability it may assume regarding this property."
Sibbeston said she wants to see the issue resolved and acknowledged the current situation means the village is in contravention of its business bylaw.
She added she expects the issue will be dealt with in council chambers at a later date.
"We're getting some legal advice, and then we'll present all the information, and then we will move forward," she said.
She also questioned the timing of the complaint.
"I don't understand why this is only coming to light now," she said.
"Essentially, it's not the village's responsibility to dole out the recycling. There are two competitors in the community now who are vying for that business opportunity ... Either way, somebody is not going to be happy."
The morning of April 5, Rowe said he was meeting with the village and planned to get in touch with the territorial government in an effort to resolve the matter.
