Fredericton turns to N.B. commission to help settle standoff over funding for new pool

Fredericton city staff will ask New Brunswick's Local Governance Commission to intervene in a proposed aquatic centre that hit a snag after mayors from surrounding municipalities voted earlier this year against contributing to its construction.

Local Governance Commission would weigh in on whether new pool should be financed regionally

Aidan Cox · CBC News · Posted: Sep 24, 2024 6:58 AM EDT | Last Updated: September 24

Fredericton councillors are asking for help settling a dispute that is now tying up progress on constructing a new aquatic centre. (City of Fredericton)

A newly formed provincial commission is being asked to help resolve an impasse between New Brunswick municipalities that has left a proposed aquatic centre in procedural limbo.

Fredericton city councillors voted Monday to ask the Local Governance Commission to intervene after directors with the Capital Regional Service Commission failed to agree on whether the multimillion dollar project should be funded by neighbouring communities or solely by the city.

"If this can't be called a regional facility, I search and I search to see what would justify a facility being regional in nature," Coun. Eric Megarity said.

"It's sad that it comes down to this and I'm really disappointed."

A new aquatic centre has long been on the list of capital projects the city has planned to pursue. Pressure has mounted in recent years in light of the University of New Brunswick's plan to close the Sir Max Aitken Pool, where the city's competitive swim clubs are based.

Speaking to councillors on Monday, chief administrative officer Steve Hart said that in the past, the city would have to initiate large capital projects on its own and seek funding partners to make them happen.

A pool with four diving boards and people swimming — The aging Sir Max Aitken Pool is the only competitive swimming pool in Fredericton, and the 2020 estimated cost of a replacement was $40 million. (Fredericton Diving Club)

Since local government reform in 2023, Hart said, the province has indicated it will only help fund large sport, recreational and cultural infrastructure if an entire region is working together to share costs.

The Capital Regional Service Commission, also known as RSC 11, is governed by a board of directors that includes the mayors of the municipalities within the region's boundaries.

In May, a committee within the regional commission recommended the proposed new pool be considered regional, with a cost-sharing formula based on population, tax base and proximity to the pool.

But in June, members of the board voted down three separate motions to categorize the aquatic centre as regional, sub-regional or local, leaving the project in procedural limbo.

A man wearing a shirt and suit jacket in Fredericton council chambers. — Steve Hart, the chief administrative officer for the City of Fredericton, says a decision by the Capital Regional Service Commission's board in June has left the pool project in an unclear position. (Aidan Cox/CBC)

"So the outcome, at this point, procedurally is unclear," Hart said.

"What was clear is that the majority of mayors of our region indicated that they did not want to participate in funding the pool via the RSC.

"And that leaves us, the City of Fredericton, in a predicament in terms of what are those pathways and how do we get there when there is an absolute need for an aquatic facility in in the city."

Uncharted territory

Monday's vote by councillors is aimed at getting the Local Governance Commission to review the decision by the regional commission, but the potential outcome is unclear, said Coun. Greg Ericson, who fills in for Mayor Kate Rogers as director when she's unavailable.

Ericson said he believes the pool project would be first to go through the review process and to be analyzed against the provisions in the Regional Services Delivery Act.

But he said he hopes the commission can either rule on whether the project should be regional or send the question back to the regional commission to decide.

A man wearing a suit and tie speaks inside Fredericton city council chambers. — Fredericton Coun. Greg Ericson says it's unclear how the Local Governance Commission will rule, but he hopes it helps settle whether the pool project should be paid for partly by neighbouring communities or solely by the city. (Aidan Cox/CBC)

"We would like to see them clarify how the act was supposed to be interpreted and then performed because, I mean, I don't think it was the intent of the legislators to have a facility come out through this process undetermined, right?" Ericson said.

According to information on the province's website, the Local Governance Commission is an arm's-length, independent expert body that is mandated to rule or make recommendations on matters affecting local governments, local boards, regional service commissions and rural districts.

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The resolution voted for on Monday also has the city asking the province if it would help fund the pool, even if it doesn't get support from regional partners.

Ericson said the city hoped to build the pool with help from neighbouring municipalities.

Without that, the project would cost Fredericton residents more and would result in steep user fees for people living just outside city limits.

A cost estimate for the aquatic centre hasn't been provided since 2020, when it was pegged at about $40 million, and a detailed design process for the proposed pool is still underway.