Vol. 150, No. 12 — June 15, 2016

Registration

SI/2016-32 June 15, 2016

FINANCIAL ADMINISTRATION ACT

Banff National Park of Canada Siksika Nation Castle Mountain Land and Timber Claim Settlement Agreement Rent and Fee Remission Order

P.C. 2016-428 June 3, 2016

His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of the Environment and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), makes the annexed Banff National Park of Canada Siksika Nation Castle Mountain Land and Timber Claim Settlement Agreement Rent and Fee Remission Order.

Banff National Park of Canada Siksika Nation Castle Mountain Land and Timber Claim Settlement Agreement Rent and Fee Remission Order

Interpretation

Definitions

1 The following definitions apply in this Order.

licence of occupation means a licence of occupation granted under section 18 of the Regulations for lands located adjacent to the Castle Mountain Chalets site or the Storm Mountain Lodge site. (permis d’occupation)

Regulations means the National Parks of Canada Lease and Licence of Occupation Regulations. (Règlement)

Settlement Agreement means the Siksika Nation Castle Mountain Land and Timber Claim Settlement Agreement between Canada and the Siksika Nation. (entente de règlement)

Siksika entity means a corporation, limited partnership or other entity whose ownership and controlling interest is 100% controlled by, or beneficially held in trust for, the members of the Siksika Nation. (entité siksika)

special lease means a lease granted under paragraph 3(1)(e) of the Regulations for

Remission

Special leases

2 Remission is granted to a Siksika entity lessee of any special lease of the monies payable for rent under subsection 6(1) of the Regulations with the exception of $1.00 per year.

Licences of occupation

3 Remission is granted to a Siksika entity licensee of any licence of occupation of the monies payable for the fee under section 18 of the Regulations with the exception of $1.00 per year.

Coming into Force

Date of execution

4 This Order comes into force on the day on which the Settlement Agreement is fully executed, but if it is made after that day, it comes into force on the day on which it is made.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order grants remission to a Siksika entity lessee of any special lease of the monies payable for rent, and to a Siksika entity licensee of any licence of occupation of the monies payable for a fee, under the National Parks of Canada Lease and Licence of Occupation Regulations with the exception of $1.00 per year.

Objective

Ongoing economic development, cultural and spiritual opportunities within the Castle Mountain area are essential to the Siksika Nation for settlement of the Castle Mountain Land and Timber claim. Consequently, as part of the settlement agreement, the Siksika Nation were presented with four economic opportunities through commercial leases. This Order addresses the rent and fee remissions associated with these leases.

Background

Recognizing the exceptional situation of negotiating a specific claim with roots in Canada’s first national park, the Banff National Park of Canada, Indigenous and Northern Affairs Canada, the Siksika Nation and the Parks Canada Agency entered into negotiations in 2004 to settle the Castle Mountain Land and Timber Claim.

The settlement sets out a cash amount for compensation and incorporates additional elements pertaining to Siksika’s ongoing use of the land in Banff National Park of Canada for spiritual, cultural and commercial purposes. Canada presented the settlement offer to the Siksika Nation on October 28, 2013, and it was accepted on May 12, 2014.

The land in the park will continue to be vested with the Crown after settlement, and the Canada National Parks Act and Regulations, and national park policies, will continue to apply. The settlement includes four specific commercial (lease) opportunities within the park.

Two of the commercial leases — Storm Mountain Lodge and Castle Mountain Chalets — are bungalow-type accommodation for park visitors, currently operated under leases held by third parties. The leasehold interests would need to be purchased by the Siksika Nation on a willing-seller, willing-buyer basis within one year of the effective date of settlement. At both properties, a licence of occupation would be required for lands on which ancillary operational infrastructure is located.

The third commercial opportunity is Castle Mountain Hostel (youth hostel) run by a not-for-profit organization under a licence of occupation that is replaced annually. In order to make this property available, the licence with the not-for-profit organization would not be replaced and a lease would be issued upon request to a Siksika-owned or controlled entity in the form of a band council resolution.

The fourth commercial opportunity is Castle Mountain Campground, which is currently operated by Parks Canada. This too would be made available upon request to a Siksika-owned or controlled entity under a lease in the form of a band council resolution.

The National Parks of Canada Lease and Licence of Occupation Regulations require payment of land rent that is market-based for leases, and market-based annual fees for licences of occupation, for public lands outside the Town of Banff for the accommodation of visitors to Banff National Park of Canada.

As part of the settlement negotiations, agreement has been reached for the Siksika-owned or controlled entity to pay a nominal rent of $1.00 per year for each lease and licence issued. Storm Mountain Lodge and Castle Mountain Chalets would each require one lease and one licence of occupation (the latter for ancillary operational infrastructure), and Castle Mountain Hostel and Castle Mountain Campground would each require a lease.

Implications

The rent and fee remission associated with this Order-in-Council would provide for a fair and final resolution of the Siksika Nation claim, in keeping with Canada’s Specific Claims Policy, and provide future certainty for Banff National Park of Canada lands. It would also contribute to a renewed, nation-to-nation relationship with the Siksika Nation, based on the recognition of rights, respect, co-operation and partnership in respect of the operation of Banff National Park of Canada, and facilitate the continued provision of high quality accommodation services to visitors in the park. This Order in Council could potentially lead to new opportunities for community and economic development that would bring long-term benefits to Siksika Nation members. These investments, in turn, can generate spin-off economic benefits and the potential for new business partnerships with neighbouring communities.

Contacts

Rachel Grasham
Director
Policy, Legislative and Cabinet Affairs
Parks Canada
Telephone: 819-420-9115
Email: rachel.grasham@pc.gc.ca

Dave McDonough
Park Superintendent
Banff National Park of Canada
Parks Canada
Telephone: 403-762-1510
Email: dave.mcdonough@pc.gc.ca