A municipality should have residents — and grizzly bears and mountain goats don’t count, according to B.C. Green Party leader Andrew Weaver who tabled a private member’s bill in the legislature Wednesday aimed squarely at the controversial Jumbo Glacier Mountain Resort Municipality.   Weaver’s bill to amend the Local Government Amendment Act would repeal the Liberal government’s 2012 changes to legislation that made it possible for mountain resort municipalities to exist without residents.   The 2012 changes were designed to push through development of Jumbo Glacier Resort, a proposed 6,300 bed resort in the wilderness of the Purcell Mountains, 55 kilometres west of Invermere — a project strongly opposed by local residents and First Nations.   Jumbo Glacier Mountain Resort Municipality was created in November 2012 and the province then appointed a mayor and two councillors. Even though the municipality had no residents or buildings, it became eligible for provincial government grants of $200,000 a year and about $50,000 in federal gas tax money.

The existence of the municipality has been a flashpoint for many opponents and, with the future of the development now in doubt, there is a renewed push to scrap the no-resident municipality. 

“The idea of a town with no people and an appointed mayor and council to preside over that town is preposterous and flies in the face of local democracy and local decision-making,” said Robyn Duncan executive director of Wildsight, an organization that has been on the front lines of the Jumbo fight.   “It is completely unacceptable that an unelected body can make land-use decisions and be accountable to no one,” she said.   It is a view shared by Weaver, who is adamant that provincial laws should not be used to help specific projects succeed or fail.   “The fact that you can create a municipality with no people and no buildings and put in a mayor and two councillors and give them government money is truly bizarre — only in B.C.,” he said.   The reason the “ridiculous loophole” exists is because the government had a pet project that it wanted to succeed, Weaver said, admitting that the chance of his bill getting the support of government is almost non-existent.   “I am hopeful, but I don’t think it will go through as long as (Energy and Mines Minister) Bill Bennett is in government. This was his clearly his pet project and he was a huge advocate for it,” he said.   If the bill did go through, it is likely the resort municipality would argue to be grandfathered in, Weaver said.   “But this is essentially a shot across the bow. It’s saying clean up your act government. This kind of shenanigans has to stop,” he said.   If nothing else, the realities of climate change should give the government pause, said Weaver, who is a climate scientist.   Between 1985 and 2005 glaciers in that area lost 15 per cent of their total mass and glaciologists predict that, by 2100, glaciers that the resort is relying upon for year-round skiing will not exist, he said.   “It makes no sense on so many levels.”   Last year, after 24 years of controversy, Environment Minister Mary Polak pulled the project’s environmental assessment certificate, concluding the billion dollar project had not substantially started during the 10 years since the certificate was granted.   Proponents, Glacier Resorts Ltd. and the Phaedias Group, have said they plan to appeal that decision and are considering changing the proposal to a smaller resort that would not need to go through a full environmental assessment.   However, any proposal to build in the area will face a legal challenge from the Ktunaxa First Nation, who have been given leave to appeal to the Supreme Court of Canada, based on a freedom of religion argument that could set a precedent for indigenous people worldwide.   The area at the foot of Jumbo Glacier is known as Qat’muk by the Ktunaxa people who believe it is where the Grizzly Bear Spirit was born, goes to heal itself and returns to the spirit world.   Jumbo Glacier Mountain Resort Municipality Mayor Greg Deck, former mayor of Radium Hot Springs, said he hopes the government does not repeal the legislation.   “The wisdom of the original legislation was that it anticipated doing really good planning in advance, through a resort municipality, and I believe that is still valid,” he said.   People who disagree with plans for the Jumbo Valley should not try and take away a tool that could be valuable in other areas, Deck said.   In the meantime, the municipality is deferring acceptance of government grants until the situation around the development clarifies.   “We are a little bit hostage to legal challenges. The Ktunaxa appeal adds a bit more uncertainty which we have to wait out,” Deck said.   The bulk of the municipality’s money has gone on defending a series of legal challenges, Deck said.   “It’s a bit frustrating when people say we shouldn’t be spending money and then they keep suing us.”

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There are no residents or buildings in the municipality of Jumbo, B.C. The only development proposal planned for the voterless town — the Jumbo Glacier Ski Resort — has been sent back to the drawing board by the province and a Supreme Court judge is considering an application to dissolve the municipality.

But, for now, activity in the Jumbo Glacier Mountain Resort Municipality will continue as usual, says Mayor Greg Deck.

The Kootenays municipality of Jumbo was created by the provincial government (some say undemocratically) in 2012 for the sole purpose of dealing with the controversial Jumbo Glacier Resort project, but in July the Environment Ministry allowed its environmental certificate to expire after ruling the project had not been substantially started in time to meet its permit deadline.

Read Democracy Interrupted: How Jumbo Glacier Resort Became a Municipality with No Residents

That means plans for a massive all-season, wilderness ski resort in the heart of the Jumbo Valley must either be scrapped or proponents must start from scratch and ask the province for a new environmental assessment.

“We want to finish the Official Community Plan by the end of the year. We don’t want it to be a problem because it was left undone. It’s a good insurance policy,” Deck told DeSmog Canada.

“We are doing business as usual with an eye on how the proponents will work out the differences with the province,” said Deck, former mayor of Radium Hot Springs and chair of the Columbia Basin Trust.

The project has a long, controversial history. In 1991, Oberto Oberti of Pheidias Project Management Corp. and Glacier Resorts first envisioned a massive all-season ski resort in the wilderness, about 55 kilometres west of Invermere, but the project was bitterly opposed by environmental groups, the Ktunaxa First Nation and many local residents.

Despite the opposition, the province granted an Environmental Assessment Certificate in 2004 and it was renewed in 2009. But progress on constructing the 6,300 bed resort before the October 2014 deadline was almost non-existent and Environment Minister Mary Polak pulled the certificate.

A spokeswoman for the Community, Sport and Cultural Development Ministry said the proponent’s choices now include seeking a judicial review of Polak’s decision or resubmitting the proposal.

“Regardless of the proponent’s decision the municipality will remain intact until a decision is made by government about its future,” she said.

Resort spokesman Tommaso Oberti could not be contacted by DeSmog Canada, but, after Polak’s decision, he told media outlets that directors are reviewing the decision and plan to speak to ministry officials about ways to move forward.

A hint of the next step came in a February 2014 letter from Oberto Oberti to Deck which said “If everything else failed, (which I really think is an impossible case), Glacier would simply re-apply for the [environmental assessment] certificate.”

Deck does not see any problem with the municipality continuing to do business.

“I wouldn’t rule out a development proposal yet…and I am optimistic the municipality will survive,” he said.

However, Jumbo council has decided to defer accepting the annual Small Community Grant of $200,000.

“We thought it prudent to say ‘hang on to it for now,’” Deck said.

“There is a notion that we would be profligate just because we are in favour of destination resorts, but we are very frugal with the funding we have and our previous funding allows us to continue for the rest of the year.”

The municipality initially received a $260,000 provincial grant and, since 2012, has received the grant of $200,000 a year, most of which has been spent on building a bridge into the municipality and legal fees. About $50,000 in federal gas tax money has also flowed to Jumbo.

Another threat to the municipality’s existence is an application to the B.C. Supreme Court by the West Kootenay EcoSociety to dissolve the municipality.

Lawyers for the EcoSociety argued in court last week that the province exceeded its discretionary powers by creating a municipality with no voters. Justice Grace Choi has reserved her decision.

EcoSociety executive director David Reid said he is not expecting a fast decision, as it is a complicated case that challenges the discretion of the cabinet and the use of public resources to support corporate interests.

Even though the environmental assessment certificate for the resort has been yanked, the Jumbo Valley remains at risk for as long as the municipality exists, Reid said.

“Does it sit there forever? Is there no deadline?” he asked.

Image Credit: Lynne Martel via Pique Magazine

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