Current Status of Lafarge Application

Updated May 9, 2008

Lafarge received Approval in Principle 6 years ago to build a ready-mix concrete batch plant on the former Sterling Shipyard site of the East Vancouver Port Lands (EVPL) in the City of Vancouver.

Lafarge have notified the Port that they intend to proceed with the project. They must now complete the work to fulfill and update the remaining conditions of the Approval in Principle. This work includes noise and air quality monitoring, as well as traffic impacts and marine habitat studies.

The Vancouver Fraser Port Authority (VFPA) will work with Lafarge to prepare for final approval of the Project. All conditions of Lafarge’s Approval in Principle issued in 2002 still apply. New proposal elements will be subject to an environmental assessment process is accordance with the Act.

VFPA will continue to communicate with area residents on the project through a variety of means including the EVPL Liaison Group, the VFPA website, and a public information meeting.

Supreme Court Decision Regarding VPA's Jurisdictional on Schedule C Lands with Respect to Lafarge Application

Updated June 18, 2007

On May 31, 2007, the Supreme Court of Canada rendered its decision on an appeal by the Government of British Columbia concerning jurisdiction over Schedule C lands. They dismissed the appeal confirming that VPA has the authority to lease the former Sterling Shipyards site to Lafarge for the proposed use. Full text of the court ruling can be read here.

The decision means that the former Sterling Shipyard Lands are not federal lands but that the use proposed by Lafarge for the site is sufficiently “integrated” with “shipping and navigation” to satisfy the controls set forth under the Canada Marine Act.

The Government of British Columbia’s appeal to the Supreme Court of Canada followed a ruling in February 2004 by the BC Court of Appeal. That court ruling stated that VPA has land use jurisdiction over its Schedule C lands and the City's bylaws did not apply as the property is public property of Canada and falls within the legislative jurisdiction of Parliament over navigation and shipping.


Background Information on Lafarge Application

In 2000, VPA acquired the former Sterling Shipyard site under Schedule C in its Letters Patent. While most of the lands managed by VPA fall under Schedule B (federal real property), new lands purchased directly by the VPA are held under Schedule C, unless VPA subsequently requests Transport Canada to transfer them into Schedule B.

In 2002, after an extensive review and public consultation process, VPA issued an approval in principle to Lafarge to build a ready-mix concrete batch plant on the former Sterling Shipyard site. This approval is subject to a number of conditions including the court’s determination that VPA has the appropriate land use authority over Schedule C lands. Other conditions require Lafarge to appropriately mitigate construction and operational impacts on adjacent residential areas and the environment.

For further background information on the application including the approval in principle, please follow this link.

Background Information on the Lafarge Review Process

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