The Costs of Energy-related Linear Property on Local Governments in Canada and the Role of That Local Government Revenue Tool Can Play in Addressing these Costs

This chapter focuses solely on the various costs that ERLP brings to local governments, the evidence regarding these costs, and the tools that a local government can employ to recover these costs. Given that local governments across Canada are generally constrained to raising revenues through property taxes and various user levies, including those associated with regulation, this paper will focus on the application of local property taxes on ERLP as well as discuss the likelihood of charges that can be levied pursuant to local government regulatory powers, via rights-of-way by-laws, and fees pursuant to local government powers to enter bilateral rights agreements. Overall, the chapter finds that there are options available to local governments to not only take actions to minimize the costs imposed by ERLP but also to recoup the identified costs. Each option not only to minimize costs but also to recoup costs has areas of strengths and weaknesses, suggesting that no only a multipronged approach will be necessary, conditional on the specific jurisdictional characteristics, but also that these tools may not be able to minimize or recoup all the specific costs incurred.