BANFF – The Town of Banff is battling with Parks Canada over what it sees is the federal agency’s creation of a new policy framework for managing commercial development that flies in the face of the legislated growth cap in place since 1998.
Administrative officials say policy direction for the municipality in the new Banff National Park management plan is generally straightforward, but recent correspondence from Parks Canada seeks to alter the past understanding, agreement and management of commercial uses in non-commercial districts.
They say the new Banff field superintendent Sal Rasheed believes or interprets that commercial development under the new management plan should potentially include bed and breakfast homes, home-based businesses and concessions in public buildings outside of commercial districts.
“Seemingly, Parks Canada has taken the position that the new management plan has created a new policy framework for the commercial cap, which we vehemently disagree with,” said Darren Enns, the director of planning and development for the Town of Banff.
“The commercial cap is governing four walls and roofs when it comes to commercial floor space in Banff, and we as the Town of Banff do not take the perspective that that is changeable by anything less than a change to the National Parks Act.”
Commercial development was capped at an additional 32,516 square metres in 1998 in response to concerns of rampant development harming the ecological integrity of the national park coming out of the two-year, $2 million Banff-Bow Valley Study.
The maximum commercial floor area permitted in the community under the Canada National Parks Act is 361,390 square metres. This was based on development that already existed in the commercial districts of the town as of June 1998 or that Parks Canada had approved prior to that date plus the additional 32,516.
This amount of commercial space has now been fully allocated by way of a series of random commercial draws over the years. Most allotments have been developed, but some are still pending such as the allotment for the train station lands.
The new management plan, which was approved in August, specifically states commercial development includes “development for the primary purpose of providing or supporting, in whole or in part, the purchase, rental or sale of goods, services, overnight accommodation, and other commodities.”
It states commercial growth must conform to the approved community plan, must not exceed the maximum permitted floor area and is within the commercial zones described in Schedule 4 of the Canada National Parks Act.
Parks Canada also wants to see the municipality put a quota on the home occupation businesses that will be permitted, including bed and breakfast homes and bed and breakfast inns, in residential land use districts established by the municipal government.
Town of Banff administrators say the management plan seems to suggest the cap should include bed and breakfasts and home occupations that have never been regulated under the long-standing legislated commercial growth limits.
They argue this approach represents an internal misunderstanding at the local Banff field unit about the fundamental structure and approach to commercial growth management that was accepted and implemented in 1998 and enshrined in the Canada National Parks Act.
“This is an example of the management plan creating a confusing situation for the Town of Banff,” Enns said
“I think there’s a bit of statutory awareness that has to happen in order to reconcile that perspective with the legislative reality that we live under.”
Town Manager Kelly Gibson said the Town is developing a formal response to Parks Canada on the conflicting language on the commercial cap.
“I want to make it completely clear the Town of Banff wants to respect the commercial cap that’s put in place and we have no intention of changing that,” he said.
The Town of Banff also says its relationship with the local Banff National Park field unit has taken a rocky turn in recent months, particularly concerning communication.
Administration cites examples such as Parks Canada’s recent refusal to involve the Town in consultation about development permits issued at local ski hills, telling the municipality they are not an “impacted stakeholder" in these decisions.
The Town argues otherwise, particularly given the townsite houses ski hill employees, back-of-house support and transportation systems.
“We do feel that there’s substantial impact to the Town of Banff so we will continue to argue that,” Gibson said.
“We respect the fact that’s not our jurisdiction for planning decisions to be made. What we would look for is consideration and at least a heads up that these are going on so we can prepare and plan and respond.”
Town administrators say they would welcome a courtesy phone call as a start to improve communications.
“Communication with Parks Canada has been a challenging area for us of late, which is unfortunate,” Enns said, though he noted there was great communication with senior park leadership and Senator Karen Sorensen, a former Banff mayor, on the proposed 200 block of Banff Avenue redevelopment.
The superintendent of Banff National Park was unavailable for an interview on this matter until sometime in the New Year, however, Parks Canada sent an emailed statement in response to the issues raised by the municipality.
The statement said Parks Canada did not attend the council meeting where the matter was discussed and therefore cannot comment on what was discussed. The meeting, however, is recorded and is available on the Town’s website for anyone to watch.
Parks Canada said the regular exchange of information between the Town of Banff and Parks occurs in various ways, including the Intergovernmental Liaison Committee (IGL) set up under the incorporation agreement to provide a forum for the exchange of views and discussion of matters of mutual interest.
The statement said the committee, which consists of the park superintendent, Banff mayor and Banff town manager, meets regularly, as recently as November.
"Further, key Parks Canada managers meet on a monthly basis with the Town to discuss matters of mutual interest,” the statement read. “Parks Canada values the professional and collegial relationship shared with the Town of Banff.”
Banff council has asked administration to come back with a report detailing the implications of the new management plan on the Town of Banff.
“For clarity in the community, I think that would be really helpful,” said Coun. Grant Canning.
