Order Amending Schedule 5 to the Canada National Parks Act (Sunshine Village Ski Area): SOR/2019-255
Canada Gazette, Part II, Volume 153, Number 14
SOR/2019-255 June 25, 2019
CANADA NATIONAL PARKS ACT
P.C. 2019-922 June 22, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 36(2) of the Canada National Parks Act footnote a, makes the annexed Order Amending Schedule 5 to the Canada National Parks Act (Sunshine Village Ski Area).
Order Amending Schedule 5 to the Canada National Parks Act (Sunshine Village Ski Area)
1 Schedule 5 to the Canada National Parks Act footnote 1 is amended by adding the following at the end of that Schedule:
Sunshine Village Ski Area
In Banff National Park of Canada, the following described area:
The whole of parcel JT and avalanche areas 1 and 2 and the fibre optic right-of-way as shown on Plans 107995, 107996 and 108040 in the Canada Lands Surveys Records at Ottawa, copies of which have been deposited in the Alberta Land Titles Office in Calgary under numbers 1910580, 1910581 and 1910678, said parcel, areas and right-of-way containing 1062 hectares, more or less.
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
In 1981, prior to the creation of the Canada National Parks Act and associated provisions regarding ski areas in national parks, the Parks Canada Agency signed a lease with the current ski area operator at Sunshine Village. The current lease expires in May 2020. In order for the Parks Canada Agency to enter into a new lease and licences of occupation for the ski area, the name and description of the ski area in the vicinity of Sunshine Village needs to be added to Schedule 5 of the Canada National Parks Act pursuant to subsection 36(2).
The ski area at Sunshine Village is one of three internationally recognized downhill ski areas in Banff National Park of Canada. It is the second-largest ski area in Canada’s national parks covering approximately 900 hectares of diverse mountain terrain. The area includes important habitat for a wide variety of wildlife including some species at risk, e.g. Westslope cutthroat trout. The ski area offers winter and summer recreational opportunities in an alpine and subalpine setting, attracting visitors from around the world.
Subsection 36(1) of the Canada National Parks Act states that leases and licences of occupation may only be granted for the purposes of commercial ski facilities that are listed in Schedule 5 of the Act which currently include: Lake Louise Ski Area, Mount Norquay Ski Area, Marmot Basin Ski Area, and Mount Agassiz Ski Area. Sunshine Village Ski Area has yet to be added to Schedule 5 of the Act largely due to ongoing discussions surrounding ski area boundaries. In 2000, during the drafting of the Canada National Parks Act, a provision (subsection 36(2)) was added “to allow for the name and description of a commercial ski area in the vicinity of Sunshine Village” to be added by Order in Council to Schedule 5 once the boundary discussions were finalized.
In keeping with obligations under the Canada National Parks Act, national park ski area operations, development and use are managed within a well-defined system of policies and plans, including the Banff National Park Management Plan, Parks Canada Ski Area Management Guidelines, site-specific Ski Area Site Guidelines and a Ski Area Long-Range Plan. These tools support the complex interplay of ensuring ecological and cultural resources are protected while providing for exceptional visitor experiences and supporting economically viable operations at ski areas.
The Site Guidelines for the Sunshine Village Ski Area (Site Guidelines) are based on an analysis of the ski area’s current situation and Parks Canada’s ski area objectives for resource protection and restoration, visitor experience, and sustainable business planning for the operator. They are also the process by which the ski area boundaries are established. The development of the Site Guidelines included public consultations and engagement with Indigenous groups. The Site Guidelines were approved by the Chief Executive Officer for Parks Canada in December 2018.
The Order Amending Schedule 5 of the Canada National Parks Act (the Order) amends Schedule 5 of the Canada National Parks Act to add the name and description of the commercial ski area in the vicinity of Sunshine Village in Banff National Park of Canada, as was intended when the Act was created in 2000.
The Order amends Schedule 5 of the Canada National Parks Act to add the name “Sunshine Village Ski Area” and the description of land measuring approximately 1 062 hectares which represents lands identified in the Site Guidelines.
The boundaries for the ski area were established through development of the Site Guidelines. Draft Site Guidelines, as well as the draft Executive Summary of the Strategic Environmental Assessment, were made available for review and comment by the general public, stakeholders and Indigenous groups during the summer of 2018. The draft Site Guidelines included explicit reference and maps to the boundaries of the ski area.
Engagement activities on the draft Site Guidelines included: public notices, open house, web site availability, and bilateral meetings. This resulted in over 4 000 comments and submissions from across the country and outside Canada. Comments were received primarily from skiers who use the area, but comments were also received from the ski area operator, local and regional tourism and ski organizations, environmental organizations, and Indigenous groups. Relatively few comments specific to the ski area boundary were submitted. However, some boundary adjustments were made in response to the feedback received.
Based on the range of public engagement activities that have occurred to date with respect to the draft Site Guidelines, which include explicit reference and maps to the proposed boundaries of the ski area, and in light of the fact that significant public consultations were previously held on all sections of the Canada National Parks Act (including subsection 36(2)) prior to its coming into force in 2000, a request for exemption from prepublication was requested and approved.
Modern treaty obligations and Indigenous engagement and consultation
Banff National Park of Canada lies within Treaty 6, 7 and 8 lands, as well as the homeland of the Métis people of Alberta. The ski area itself is within Treaty 7 lands. The ski area in the vicinity of Sunshine Village has been in operation in Banff National Park of Canada since the 1920s. There are no identified modern treaty implications associated with adding the name and description of the ski area to Schedule 5 of the Canada National Parks Act. Engagement on the draft Site Guidelines for Sunshine Village Ski Area included outreach to Indigenous groups who did not express concern in this regard.
No other regulatory or non-regulatory options were considered. Pursuant to subsection 36(2) of the Canada National Parks Act, “[T]he Governor in Council may, by order, add to Schedule 5 the name and description of a commercial ski area in the vicinity of Sunshine Village in Banff National Park of Canada, but that Schedule is not otherwise subject to amendment by the Governor in Council.”
Costs and benefits
There are no incremental costs for this amendment. The current lease for Sunshine Village Ski Area expires in May 2020. Adding the name and description of a commercial ski area in the vicinity of Sunshine Village in Banff National Park of Canada to Schedule 5 of the Canada National Parks Act, as was intended when the Act was created in 2000, means that the Parks Canada Agency can enter into a new lease and licences of occupation with a ski operator pursuant to subsection 36(2).
Small business lens
The small business lens does not apply to this amendment, as there are no costs to small businesses.
The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs to business.
Regulatory cooperation and alignment
The ski area boundaries are all within the lands legislated for Banff National Park of Canada. The land survey and land description to be included in Schedule 5 for the boundaries of the ski area were undertaken by Natural Resources Canada and registered with the Surveyor General of Canada.
Strategic environmental assessment
As per The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, Parks Canada has completed a Strategic Environmental Assessment that examined the environmental effects of all of the future operations and potential growth and development at the ski area, including the boundaries for the lease and the licences of occupation. Mitigation and monitoring requirements were prescribed for the operator. Subject to these mitigations, it was determined that there would be no significant adverse environmental effects from implementing any aspect of the site guidelines.
The amendment will add the name and description of Sunshine Village Ski Area to Schedule 5 of the Canada National Parks Act. Defining the boundary in Schedule 5 will have a positive environmental effect in the long run as it restricts ski area development and use to a well-defined area.
Gender-based analysis plus
There are no assessed gender-based analysis plus (GBA+) implications of adding the name and description of a ski area to Schedule 5 of the Canada National Parks Act. No groups would be affected disproportionately by the amendment nor have concerns been expressed by stakeholders regarding possible consequences on different groups.
Implementation, compliance and enforcement, and service standards
A ski area in the vicinity of Sunshine Village has been in operation in Banff National Park of Canada since the 1920s. The Parks Canada Agency is already managing the lands and the ski area has been subject to all regulations related to operating a business within a national park since that time.
Once the Order is made, and the amendments to Schedule 5 of the Canada National Parks Act come into force immediately, the Parks Canada Agency will enter into a new 42-year lease and licences of occupation with an identified ski operator for the ski area. It is anticipated that the signing of a new lease, and associated licences of occupation, will occur as soon as possible after the legislative amendment in order to ensure continuity of ski operations.
Acting Field Unit Superintendent
Banff Field Unit
Parks Canada Agency
Parks Canada Agency