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Conservationists question Norquay summer use

Conservationists are baffled as to why Parks Canada would consider summer use at Banff’s Mount Norquay given previous court cases handed the federal government the mandate to say no.

Conservationists are baffled as to why Parks Canada would consider summer use at Banff’s Mount Norquay given previous court cases handed the federal government the mandate to say no.

In an agreement with Parks Canada, the former owners of the Norquay ski hill, Banff Lifts Ltd., gave up summer use in exchange for development of Mystic Ridge as part of the 1989 long-range planning process.

Conservationists say that agreement was given legal validity in a series of court cases in which a subsequent owner, Peter White, challenged Parks Canada’s denial of his application to reinstitute summer use as far back is 1997.

Specifically, White sought to overturn a decision of then-superintendent Charlie Zinkan, denying a business licence to reinstate summer use of Norquay’s North American chair lift.

“It’s clear from the court decisions that Parks Canada was perfectly within its rights to continue to say no to summer use at Norquay,” said Wendy Francis, program director for the Yellowstone to Yukon (Y2Y) Conservation Initiative.

“The fact that they have done an about-face on that suggests to us this is linked to their increased emphasis on visitation, tourism and a philosophy that seems to be shifting to be more accommodating of business interests in Banff.”

Finalized new site guidelines for development and use at Norquay were released mid-October. They set up the conditions under which Parks Canada would consider proposals advanced through a long-range plan.

Norquay wants to bring back summer use, with hopes of using the North American chair to whisk visitors to the teahouse, as well as developing a guided via ferrata operation on cliffs above.

Via ferrata is an adventure activity, popular in Europe, which would involve the construction of a mountain path fixed with cables, ladders and bridges to Norquay’s upper cliffs.

If approved by Parks Canada as part of a long-range plan, summer use would run between June 15 and Oct. 15 and draw an estimated 16,000 visitors over the five-month period.

Parks Canada officials say the court case was not about summer use, saying the focus was whether the superintendent properly exercised his discretion in denying a business licence for summer use of a ski lift.

“The court determined that the superintendent acted within his jurisdiction by considering the criteria for issuing a business licence under the National Park Business Regulations,” said Banff superintendent Pam Veinotte in a written statement to the Outlook.

“The court did not make a statement regarding the future of summer use.”

Francis said Parks Canada’s response simply does not adequately address the fact that Parks Canada was perfectly within its right to continue to refuse summer use.

“There was a commitment made to the Canadian people and why did that change?” she said.

“I have not yet heard any substantial reason to justify why there has been a change in policy in relation to summer use at Norquay.”

Veinotte said management plans and previous ski area long-range plans are policy documents, noting it is expected that polices will evolve over time as circumstances change and new information and data becomes available.

She said two policy documents guided the creation of the finalized Norquay site guidelines – the 2006 ski area management guidelines and the 2010 Banff National Park Management Plan.

She said the 2006 guidelines specifically allow changes in summer use at all ski areas and outline the conditions that must be met before changes will be considered.

She said the park management plan was updated in 2010 after extensive public review.

But Francis said Parks Canada seems to want to have it both ways.

She said the agency was quite clear back in 1988 that policies represented the ultimate development potential for the ski hill, including no summer use. Yet, just 22 years later, Parks has changed its tune.

“That was supposed to be permanent and yet now they’re saying the next long-range plan will be the ultimate build-out scenario for Mount Norquay,” said Francis. “What do we believe?”

Veinotte said any changes to summer use will only be considered if environmental improvements and mitigations are put in place and the criteria in the ski area management guidelines can be met.

She said the site guidelines do not approve changes to summer use, rather they outline site specific conditions that must be met in order for Parks Canada to consider a summer use proposal.

“A decision on a specific proposal for summer use, including whether or not to approve changes to summer use, will only be made through review and approval by the Minister of a long-range plan and the associated application of the Canadian Environmental Assessment Act (CEAA),” said Veinotte.

But that gives Francis and others in the environmental community little comfort. They remained concerned that wildlife will be at risk, including grizzly bears.

While Parks says there were minister-led consultations during development of 2006 ski area guidelines, Francis said there has never been any actual public debate on whether summer use should be reconsidered at Norquay.

“Yes, there is still an environmental assessment process and, while it’s not a done deal technically, I’m afraid we don’t have much confidence that this will prevent summer use from happening,” she said.


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