There are serious concerns with the agreement that the Park Board expects CCAs to sign by September 30, 2017. One of the issues is the ability of the Park Board to evict a CCA from their community centre.
We want to explain about each concern and show why CCAs are asking Park Board Commissioners to have the Park Board lawyer and CCA lawyer review the agreement.
Please read this series of blog posts on each of the six key concerns.
Original CCA Concern: Sections 20.1 and 20.3 give the Park Board the ability to arbitrarily oust the CCA. The Park Board need only state that it has “reasonable concerns” about a CCA’s ability to manage a space in a “safe, professional and compliant manner” to evict a CCA from all or a portion of their community centre, or to remove unused space from the jurisdiction of the CCA. This language is unreasonable and entirely subjective. Park Board need not demonstrate that a CCA was unable to act in a “safe, professional and compliant manner,” but only that its concerns are “reasonable.” This is too much power to grant to the Park Board and makes the CCA vulnerable to permanent removal.
Further, Sections 20.1 and 20.3 allow the Park Board to remove new or renovated space from the scope of the proposed JOA if the CCA had ever been in breach of the JOA regardless of whether the breach had been remedied. Parts of Section 20 must be removed.
Park Board Response: Some CCAs expressed concern that the Park Board can remove a CCA from all or a portion of the community centre if the Park Board has concerns that the CCA can manage the space in a safe, professional and compliant manner. The JOA does not include any wording that allows the Park Board to take existing space away from a CCA or terminate the JOA, except in the case of a material breach.
To clarify, the sections of the JOA that relate to whether the CCA can manage space in a safe, professional and compliant manner are only related to expanding current facilities (for example, the new childcare centre at Kensington) or replacing facilities (for example, a new community centre). In those circumstances, we will work with the CCA to assess the new space, determine whether it is consistent with what is currently programmed and amend the JOA as needed.
CCA Response to Park Board: This is untrue. Section 20.2 states:
If, during the Term, any space in the Jointly Operated Facilities needs to be closed for reasons of safety (for example, removal of asbestos) or is unused by the Association for the purposes contemplated under this Agreement for a sustained period, then such space may be removed from the scope of the Jointly Operated Facilities.
Furthermore, as stated in our original concerns, we are extremely uncomfortable with the language as written, as it gives Park Board too much power to decide arbitrarily if a CCA is “safe, professional and compliant” and to use this as grounds for termination or removal of space. Please see our concerns highlighted above.