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NCC defies stop-work order, then gets temporary permit

Agrees to pay daily fine

JANE GEORGE

Site work continued this week at the NCC construction site in Iqaluit, despite the city's stop-work order of Sept. 3. (PHOTO BY JIM BELL)

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Nunavut Construction Company continued work this week on a $25-million Iqaluit construction project, despite a stop-work order issued by the city because the company started work before finalizing its development agreement.

During a city council meeting on Sept. 9, councillors directed the company to pay a fine for each day it violated the stop-work order, and an additional fine for not respecting the order.

The city's planning and lands office issued the stop-work order on Sept. 3.

But Sheldon Nimchuk, NCC's acting director, told council on Tuesday that NCC wasn't trying to "pull the wool" over anyone's eyes by deciding to continue site work.

Nimchuk said continuing work was the "only option," because if the company stopped work while the city settled the details, the building's foundation wouldn't be ready for the laying of concrete by the end of October. If the concrete isn't in place before winter, the project might have to be delayed for another year.

"As the city goes forward to be more stringent in its regulations ... that's laudable, but what happens in planning is on par with southern cities, but what happens with weather isn't on par," Nimchuk told city council.

But on the recommendation of the city's planning and lands officer, councillors voted four-to-one to grant NCC a temporary permit to conduct site grading and to request a financial deposit, guaranteeing the company's compliance with municipal standards.

Keith Irving, chair of city council's planning and lands committee, was initially unimpressed. Irving said making an exception for NCC would set a precedent for future developers.

"We issued a stop-work order and you ignored it," Irving said.

He added he grappled with his decision, but decided to give NCC some leeway because it was Iqaluit's first major development agreement.

"The next time, obviously, the next developer can't have that degree of latitude," Irving said.

Councillor Lynda Gunn said the city should "hold its guns" and clamp down on the firm, and Councillor Glen Williams suggested the city should "rap their knuckles."

But Councillor Chris Wilson cautioned against looking at the issue in black-and-white terms and urged the city to collaborate with developers.

"There's going to be issues and there's going to be issues, and that's why we're here," Wilson said.

A city engineer told councillors that NCC respected the "spirit of the agreement" and even planned to erect a bus shelter in front of the planned building.

The project is comprised of four buildings, containing 50,000 square feet of office space and more than 100 rental units.

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