CANMORE – The Town of Canmore wants to be part of the Natural Resources Conservation Board’s review of the Silvertip gondola project.
Administration is seeking $250,000 in the 2023 operating budget for outside legal counsel, which if approved, would see the Town apply for intervenor status and participate in the NRCB process as the proposed project moves forward.
“The Town believes we should apply for intervenor status and be involved to make sure to represent the community in that project,” said Town CAO Sally Caudill at the Nov. 17 finance committee meeting.
“Our Town solicitor has sourced legal counsel who would have expertise in this type of project and work with them to develop a capital project for what that work might entail.”
Under the proposal, the Town’s solicitor would lead the project and work with the municipal infrastructure branch on the provincial environmental impact assessment for the project.
However, outside legal counsel was identified to run the municipality’s participation at the hearings, while the Town’s solicitor would set internal goals, stakeholder engagement and prepare evidentiary presentations.
“This project will require specialized legal counsel and may require retaining consultants depending on internal subject matter expertise,” the staff request stated.
Caudill said the intent of hiring a solicitor more than a year ago was to have a greater role in active litigation. However, active legal proceedings – particularly the multiple cases between the Town and Three Sisters Mountain Village Properties Limited (TSMVPL) – means there are numerous legal matters being handled at the same time.
“We’re still outsourcing a good bit of legal work he was ultimately going to be doing,” she said, adding that hiring a solicitor has allowed the Town to better identify future roles the municipality should have such as taking part in the proposed gondola project.
The budget request advises it is vital for the Town to take part in the NRCB proceedings, particularly given its experience with the NRCB in relation to the lands owned by TSMVPL.
“The Town’s experience with 1992 NRCB review regarding Three Sisters Golf Resorts Inc. and the subsequent treatment of this decision by provincial tribunals on two separate occasions indicates issues with the extent to which an NRCB decision will impact matters that are otherwise under municipal authority.”
The budget requests states that "participation in the NRCB review on the part of the Town is an opportunity to demonstrate strong public service and to engage with other organizations and levels of government on topics of livability and environment.”
“Not participating in the NRCB review in a fulsome manner will create legal, regulatory, financial and reputational risks for the Town as the NRCB decision could create uncertainty regarding the scope of municipal jurisdiction going forward,” according to the budget request.
The budget ask notes that Section 619 "prevails over municipal statutory plans, land use bylaws, subdivision approvals and development approvals", despite continuing to argue against this throughout the Land and Property Rights Tribunal hearings against TSMVPL and the upcoming Court of Appeal hearing in April.
Public engagement on the proposed gondola project began in April and continued until June 13 with comments going to the former Alberta Environment and Parks (AEP) ministry.
The gondola, if ultimately approved, would include a base station in the Palliser Trail area that would go to Silvertip Village Resort and continue to a Mount Lady MacDonald station.
Stone Creek Resorts Inc. – which owns Silvertip Village Resort – is the proponent for the project that encompasses roughly 14.9 hectares, with 13.9 hectares being in Bow Valley Wildland Provincial Park.
An environmental impact assessment will come back with a focus on potential impacts on wildlife, vegetation, land use management and a socio-economic assessment.
Stone Creek Resorts committed to completing an environmental impact assessment and engaging with Indigenous communities in 2016. A project summary had previously been submitted to the NRCB in 2016.
A project description had been submitted in 2021, but rejected by the former AEP.
“Unfortunately, the project as proposed is inconsistent with the current land management direction set forth under the Bow Valley Wildland Provincial Park protected area designation and the provisions of the South Saskatchewan Regional Plan,” the AEP letter stated, but added it didn’t stop any future projects from being proposed.
Representatives for Stone Creek Resorts appeared at both Canmore and Bighorn councils in the spring, but it was emphasized decisions at either municipal council would be years away.
The EIA process is expected to take six to 12 months to complete and it would then go to the NRCB for reviewing the application. If an objection is received, a hearing would take place and evidence reviewed with a decision estimated to take about six months.
If it’s deemed in the public interest by the NRCB, the Mount Lady MacDonald area would have to be redesignated a provincial park, public lands amalgamated into the park and amendments made to the South Saskatchewan Regional Plan.
If it reaches that stage, Bighorn and Canmore councils would individually be able to approve or deny development permits. Canmore council would also have to decide on amending land use planning such as the Silvertip area structure plan.
The Silvertip area structure plan was approved by Canmore council in 2007. The area has land that is considered a wildlife corridor at both the lower and upper Silvertip corridors surrounding the Silvertip Golf Course.
A working group of area landowners of the Town, Stone Creek, the province and Canmore Community Housing was established by the previous Town council for a path on how to manage the lower corridor.
There is also significant flood mitigation work expected to take place in the coming years, running through 2026.
The area of the proposed gondola project is in Canmore’s municipal borders, but also provincial and MD of Bighorn lands as well as steep creek flood and mitigation lands and two area structure plans.
In the Bow Valley, there are existing gondolas at Sulphur Mountain, Sunshine Village and Lake Louise. A proposal for a gondola has been made previously by Liricon Capital from the townsite to the base of Mount Norquay.
