TOWN OF BANFF COUNCIL FINAL REVISED ORDER OF BUSINESS Regular Meeting of Council Town of Banff Virtual Meeting Monday, 2021 June 28, at 2:00 p.m.
PLEASE NOTE:
Due to the extraordinary circumstances and measures being taken to slow the spread of COVID-19, this meeting will be held virtually using Zoom; all Members of Council will be participating remotely.
Members of the Public may watch the live stream of this Meeting at www.banff.ca/live
MEMBERS OF THE PUBLIC MAY PARTICIPATE REMOTELY IN EITHER/ BOTH OF THE FOLLOWING MANNERS:
• Public wishing to make written submissions may do so by emailing the Municipal Clerk at [email protected] prior to 12:00 p.m. noon on Sunday, 2021 June 27. Submissions received will be included in the Agenda package publicly available through www.banff.ca/AgendaCenter Personal information provided in submissions is collected under the authority of Procedures Bylaw 44-7 and Section 33(c) of the Freedom of Information and Protection of Privacy (FOIP) Act of Alberta, for the purpose of receiving public participation in municipal decision-making. If you have questions regarding the collection and use of your personal information, please contact the FOIP Coordinator at 403-762-1209 or at Banff Town Hall, Box 1260, Banff, Alberta, T1L 1A1;
AND/ OR
• Public wishing to speak during the meeting during the ‘Public Input’ portion of the Agenda must register by contacting the Municipal Clerk at [email protected] or 403-762-1209 prior to 4:30 p.m. on Friday, 2021 June 25.
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 1 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
1.0 CALL TO ORDER
The 2021 June 28 Regular Meeting of Council will be conducted virtually using Zoom and will live streamed on the internet, and recorded, in accordance with Council Policy C8002, Video Recording and Live Streaming of Council Meetings. It will be made available on the Town of Banff website.
2.0 APPROVAL OF AGENDA
2.1 Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Recommendation: That Agenda for the 2021 June 28 Virtual Regular Meeting of Council be approved.
2.2 2021 Council Workplan
Recommendation: That Council receive the 2021 Council Workplan for the Corporate Record.
3.0 ADOPTION OF PREVIOUS COUNCIL MINUTES
3.1 Minutes of the 2021 June 14 Virtual Public Hearing and Regular Meeting of Council
Recommendation: That Council approve the Minutes of the 2021 June 14 Virtual Public Hearing and Regular Meeting of Council.
4.0 INVITED PRESENTATIONS None
5.0 DELEGATIONS
5.1 Banff Inclusive Housing Committee
5.2 Bow Valley Food Alliance – Represented by Marie-Eve Marchand, President
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 2 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
6.0 PUBLIC INPUT ON AGENDA ITEMS
6.1 Written Submissions
6.1.1 Darren Reeder, Executive Director, Banff & Lake Louise Hospitality Association: Letter Re: Preparing for a Summer Reopening, Dated 2021 June 07 (Item 8.1 and Item 8.2)
6.1.2 Kathy Madill-Scott: Email Re: Masks in the Downtown Area, Received 2021 June 13 (Item 8.2)
6.1.3 Jim Davis: Email Re: Council Meeting June 14, Submission on Agenda items 7.1.1 and 9.2, Received 2021 June 13 (Item 6.1.1 and Item 8.2)
**CORRECTED MATERIAL**
6.1.4 Anne Ewen, Chief Curator of Art and Heritage, Whyte Museum: Email Re: Mandatory Masks, Received 2021 June 16 (Item 8.2)
6.1.5 Marion Gundry: Email Re: Masks, Received 2021 June 17 (Item 8.2)
6.1.6 Sonya Lea Ralph: Email Re: Letter for Council, Received 2021 June 18 (Item 8.2)
6.1.7 Jessica Pacheco: Letter Re: Bylaw 436, Dated 2021 June 18 (Item 8.2)
6.1.8 Marsha Laub: Email Re: Mask Regulations, Received 2021 June 21 (Item 8.2)
6.1.9 LETTER REMOVED AT REQUEST OF SUBMITTER
6.1.10 Dr. Vamini Selvanandan, MD CCFP MPH, Past President – Bow Valley Primary Care Network, Chair Elect – Canadian Public Health Association, Email Re: Written Submission for June 28, 2021 Council Meeting, Received 2021 June 22 (Item 8.2)
6.1.11 Ruth Kleinitz: Email Re: Masks, Received 2021 June 19 (Item 8.2)
6.1.12 Joanne Scott and James Scott: Email Re: Mask Bylaw, Received 2021 June 21(Item 8.2)
6.1.13 Brenda Mackie: Email Re: Masks in Banff, Received 2021 June 20 (Item 8.2)
6.1.14 Marion Walls: Email Re: Comment for Consideration in Banff Mask Bylaw Discussion, Received 2021 June 14 (Item 8.2)
6.1.15 Mona Seguin: Email Re: Masks, Received 2021 June 22 (Item 8.2)
6.1.16 Laurie Hardingham: Email Re: For Discussion June 28 Council Meeting, Received 2021 June 23 (Item 8.2)
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 3 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
6.1.17 Lynne Marriott: Action Request Re: COVID-19 Complaint Form, Received 2021 June 23 (Item 8.2)
6.1.18 Julia LoVecchio: Email Re: Rescinding Bylaw 436 – Temporary Masks, Received 2021 June 23 (Item 8.2)
6.1.19 Andrew Matergio: Email Re: Rescind Bylaw 436 – The Temporary Masks Bylaw, Received 2021 June 23 (Item 8.2)
**NEW MATERIALS**
6.1.20 Hailey Turner: Email Re: Bylaw 436, Received 2021 June 21 (Item 8.2)
6.1.21 Michael Mendelman, CEO, Banff Hospitability Collective: Letter, Dated 2021 June 18 (Item 8.2)
6.1.22 Shawn Eltom, Owner/Operator, Banff IGA: Email Re: Request – Banff Town Council to Align with Province’s Health Guidance, Received 2021 June 23 (Item 8.2)
6.1.23 Stephane Prevost, Chef/ Managing Partner, Block Kitchen + Bar and Shoku Izakaya: Letter, Dated 2021 June 24 (Item 8.2)
6.1.24 Jack Eaton, Bar Manager/ Operating Partner, Melissa’s Restaurant & Bar: Email and Letter Re: Mask Mandate Lift Appeal, Received 2021 June 24 (Item 8.2)
6.1.25 Bre Mirynech, People and Culture Coordinator, Banff Collective: Email Re: Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.26 Geoff Hunt, Managing Partner, Magpie and Stump: Email Re: Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.27 Julie Kapuscinski: Email Re: Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.28 Stephanie Wilson, Seniors Sales Manager|Banff Hospitality Collective: Email Re: June 28th – Mask Bylaw – Citizen Letter, Received 2021 June 24 (Item 8.2)
6.1.29 Rachel Chisolm, General Manager, The Bison Restaurant & Bear Street Tavern: Email Re: Bylaw 436, Received 2021 June 24 (Item 8.2)
6.1.30 Peter DuBeau, General Manager|Employee Owner, Moose Hotel & Suites|Pacini Restaurant, Banff Lodgin Co: Email Re: Letter to Council, Receivd 2021 June 24 (Item 8.2)
6.1.31 Jessica Munn Controller|Employee Owner, Banff Lodging Co: Email Re: Province’s Health Guidance, Received 2021 June 24 (Item 8.2) Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 4 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
6.1.32 Cathy Smith: Email Re: Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.33 Katie Tuff, Chief of Operations & Development, Banff Hospitality Collective: Email Re: Town of Banff Mandatory Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.34 Arjun Gersappe, General Manager|Employee Owner, Irwins Mountain Inn & Red Carpet Inn, Banff Lodging Co: Email Re: Bylaw 436, Received 2021 June 24 (Item 8.2)
6.1.35 Jennifer Ruszczak, Collective Chef, Banff Collective: Email Re: Bylaw 436, Received 2021 June 24 (Item 8.2)
6.1.36 Cam Baty, Co-Owner, Rocky Mountain Soap Company: Email Re: Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.37 Chris Thorburn, VP Operations, Employee Owner|Banff Resident, Banff Lodging Co: Email Re: Bylaw 436, Received 2021 June 24 (Item 8.2)
6.1.38 Lexi Robinson, General Manager, Three Bears Brewery & Restaurant: Email, Received 2021 June 24 (Item 8.2)
6.1.39 Jeff OLeary, Sales Manager|Employee Owner, Banff Lodging Co: Email Re: Concerns Regarding TOB Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.40 Callum Mulhern: Email Re: Bylaw 436, Received 2021 June 24 (Item 8.2)
6.1.41 Clare McCann: Email Re: Please Rescind Bylaw 436 – The Temporary Masks Bylaw, Received 2021 June 24 (Item 8.2)
6.1.42 Briar Armitage, General Manager, The Eddie Burger Bar: Email Re: Town of Banff Mandatory Mask Bylaw, Received 2021 June 24 (Item 8.2)
6.1.43 Jon Cooper, Operating Partner, Melissas MisSteak: Letter, Received 2021 June 25 (Item 8.2)
6.1.44 John Etzkorn: Email Re: Please Rescind Bylaw 436 – The Temporary Masks Bylaw, Received 2021 June 25 (Item 8.2)
6.1.45 Megan Roberts: Email Re: Bylaw 436, Received 2021 June 25 (Item 8.2)
6.1.46 Pete Woods, President SkiBig3: Email Re: Town Council Letter – Re: Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.47 Bunny Julius, General Manager, Melissa’s: Email Re: June 28 Council Meeting, Received 2021 June 25 (Item 8.2) Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 5 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
6.1.48 Bunny Julius, General Manager, Melissa’s, on behalf of Patrinos Banff: Email Re: June 28 Meeting, Received 2021 June 25 (Item 8.2)
6.1.49 Mark Hendrikse, Vice President Marking, Pursuit: Email Re: Town of Banff’s Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.50 Darren VanMackelbergh, General Manager, Banff Park Lodge| Bow View Lodge| Peaks Hotel & Suites: Email Re: Please Rescind Bylaw 436 – The Temporary Masks Bylaw, Received 2021 June 25 (Item 8.2)
6.1.51 Maureen VanMackelbergh, General Manager, on behalf of Brewster Mountain Lodge: Letter Re: Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.52 Mathew Steinberg, Assistant General Manager, Irwins Mountain Inn & Red Carpet Inn: Email Re: Rescind Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.53 Trevor Long, Hotel General Manager, Rimrock Resort Hotel: Email Re: Please Rescind Bylaw 436 – The Temporary Masks Bylaw, Received 2021 June 25 (Item 8.2)
6.1.54 Mary Clynch, General Manager, Balkan Restaurant: Email Re: Bylaw 436, Received 2021 June 25 (Item 8.2)
6.1.55 Joe Cowan: Email Re: Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.56 David Pearson, General Manager|Employee Owner, Banff Ptarmigan Inn: Email Re: Bylaw 436, Received 2021 June 25 (Item 8.2)
6.1.57 Andre Quenneville: Email Re: Please Rescind Bylaw 436 – The Temporary Masks Bylaw, Received 2021 June 25 (Item 8.2)
6.1.58 Michael Hall, General Manager, The Rundlestone Lodge: Email Re: Town of Banff Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.59 Glen Dressler: Email Re: Mask Bylaw 436, Received 2021 June 25 (Item 8.2)
6.1.60 Cathy Geisler, VP Sales & Marketing|Employee Owner, Banff Lodging Co: Email Re: Bylaw 436, Received 2021 June 25 (Item 8.2)
6.1.61 Shawn Birch, President & CEO|Employee Owner, Banff Lodging Co: Email Re: Bylaw 436, Received 2021 June 25 (Item 8.2)
6.1.62 David Barbour, General Manager, Banff Gondola by Pursuit Collection: Email Re: Banff Gondola – Concerns, Received 2021 June 25 (Item 8.2)
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 6 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
6.1.63 Carrie McKenna, General Manager, Chuck’s Steakhouse: Email Re: Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.64 Micayla Walker: Email Re: Mask Bylaw, Received 2021 June 25 (Item 8.2)
6.1.65 Jonathan Welsh, Visionary & Socialite, Discover Group: Email Re: Please Work with us to Ask Banff Town Council to Align with Province’s Health Guidance, Received 2021 June 25 (Item 8.2)
6.1.66 Johnathan Welsh, Operating Partner & Cowboy in Training, Banff Trail Riders: Email Re: Please Work with us to Ask Banff Town Council to Align with Province’s Health Guidance, Received 2021 June 25 (Item 8.2)
6.1.67 Dale Sarna, Owner, Banff Beavertails: Email Re: Banff Mask By-law, Received 2021 June 25 (Item 8.2)
6.1.68 Heather Bodnarchuk: Letter, Received 2021 June 26 (Item 8.2)
6.1.69 Mark Calcafucco, Optimum Guy & Other Chef Related Things, Banff Hospitality Collective: Email Re: Masks in Banff, Received 2021 June 26 (Item 8.2)
6.1.70 Jiri Duras, General Manager, High Rollers: Email Re: Concern, Received 2021 June 26 (Item 8.2)
6.1.71 Flo and Lisa Gernier: Email: Covid-19 Masking, Received 2021 June 27 (Item 8.2)
6.1.72 Stuart Black, Co-Chair, and Yannis Karlos, Co-Chair, The Association for Mountain Parks Protection & Enjoyment: Letter Re: Please Rescind Bylaw 436 – The Temporary Mandatory Masks Bylaw, dated 2021 June 23 (Item 8.2)
6.2 Verbal Submissions None
7.0 UNFINISHED BUSINESS None
8.0 BYLAWS AND STAFF REPORTS
8.1 Verbal Briefing: COVID-19 Pandemic Updates as of 2021 June 28
Recommendation: That Council receive the Verbal Briefing for the Corporate Record.
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 7 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
8.2 Request for Direction: Bylaw 436, The Temporary Mandatory Mask Bylaw, Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment
Recommendation That Council provide direction to Administration on how to proceed with the Temporary Mandatory Mask Bylaw.
8.3 Request for Decision: Reconsideration of the 2021 Governance and Finance Committee and Council Calendar
Recommendation: That Council, pursuant to Section 3.6 of Procedures Bylaw 44-7, as amended, suspend Subsections 13.12 a) and b), to reconsider the 2021 Governance and Finance Committee and Council Calendar as follows:
1. By cancelling:
• The 2021 October 12 Regular Meeting of the Governance and Finance Committee; and • The 2021 October 12 Regular Meeting of Council;
2. By scheduling:
• A Regular Meeting of the Governance and Finance Committee for Monday 2021 October 04, at 9:00 a.m.; and • A Regular Meeting of Council for Monday, 2021 October 04, at 9:00 a.m.
8.4 Request for Decision: Central Park Pedestrian Bridge – Update and Naming
Recommendation: That Council approve the recommended name of the future pedestrian bridge connecting Central Park and the Recreation Grounds as “The Nancy Pauw Bridge,” in accordance with the Naming and Sponsorship Policy C1009 and in recognition of the Wim & Nancy Pauw Foundation’s support for the creation of the Bow River pedestrian/cyclist crossing and the Foundation’s longstanding and ongoing contributions to recreation in the Bow Valley.
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 8 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
8.5 Request for Decision: Proposed Election Procedures Bylaw 198-3
Recommendation: That Council give three readings to proposed Bylaw 198-3, the Election Bylaw (Attachment 1).
8.6 Request for Decision: Proposed Business Licence Bylaw 22-10
Recommendation: That Council give three readings to proposed Bylaw 22-10, the Business Licence Bylaw (Attachment 1).
9.0 COMMITTEE REPORTS
9.1 Approved Minutes of the 2021 March 25 Virtual Regular Meeting of the Bow Valley Regional Housing Board
9.2 Approved Minutes of the 2021 April 22 Virtual Regular Meeting of the Bow Valley Regional Housing Board and April 2021 Occupancy & Waitlist Report
9.3 Bow Valley Regional Housing Board May 2021 Occupancy & Waitlist Report
10.0 CORRESPONDENCE
10.1 Les Young: Letter Re: Train Whistle-Free “Quiet Zone”, Dated 2021 May 16
11.0 NEW/URGENT BUSINESS
12.0 CONFIDENTIAL ITEMS
12.1 Confidential Request for Decision: Resignation and Appointment of Public Member to the Community Art Committee
**REVISED MATERIALS**
Released Cover Report
Cover Report and Attachments 1 to 3 held confidential pursuant to Sections 17 (Disclosure to personal privacy) and 19 (Confidential evaluations) of the Freedom of Information and Protection of Privacy Act until such time as Council rises and reports on the matter.
Attachment 4 is a public document.
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 9 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
12.2 Confidential Request for Decision: Resignation and Appointment of Public Member to the Banff Heritage Corporation
**REVISED MATERIALS**
Released Cover Report
Cover Report and Attachments 1 and 2 held confidential pursuant to Sections 17 (Disclosure to personal privacy) and 19 (Confidential evaluations) of the Freedom of Information and Protection of Privacy Act until such time as Council rises and reports on the matter.
Attachment 3 is a public document.
13.0 ADJOURNMENT
Revised Regular Council Agenda prepared by: L. McDougall All Recommendations, as presented, are for discussion purposes only and should not be considered as the opinion or direction of Council. Page 10 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council 2021 Council Workplan Agenda Item #2.2
2021 June 28
This Workplan provides the framework for the actions or decisions required to achieve Council’s strategic goals and service objectives. It is of note that items scheduled as part of the 2022 Service Review as well as items scheduled for 2022 have been included as part of this Workplan for Council’s review. These items will be removed in future iterations of the Workplan.
2019-2022 Strategic Plan
The Town of Banff 2019-2022 Strategic Plan outlines the strategic priorities for our community over the next four years. The Strategic Plan identifies priority areas where our community wants to be better, in terms of:
• Addressing an ongoing problem; • Doing things differently; • Tackling an emerging issue; or • Elevating a community concern.
The Strategic Plan was built on direction from Banff’s long-term plans, combined with new data, deeper research and insights, and Town Council deliberation. The priority areas receive additional attention, in terms of strategic development, staff focus, and resources.
This Plan includes targets, strategies, and tactics for each area and will be updated each year to track progress.
The full Banff Strategic Plan is available at banff.ca/StrategicPlan.
Priority Areas:
• Moving Ahead – Improving Active Routes & Transportation • Enhancing Quality of Life – Addressing Cost of Living • Leading Conservation – Nurturing a Model Environmental Community • Commemorating Heritage – Preserving Cultural Vibrancy • Protecting our Town – Strengthening Emergency Management & Wildfire Preparedness
2021 Service Review
Council’s service priorities are incorporated into the annual service review document. The 2021 Service Review is available at banff.ca/ServiceReview.
Attachment: 2021 Council Workplan
2021 Council Work Plan Item #: 2.2 Page 1 of 1
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
Subject Responsible Department Originally Expected Expected Review Date Council Action Directed From Council Directive (and Sewer Bylaw 17-3 Review Operations Q1 2020 Q3 2020 2021 Q2 Complete scheduled review) Public Smoking Regulatory Review Community Services 2021 Q2 RFD Council Directive Community Services/Environmental Town Wide Speed Limit Bylaw Amendments (COU18-280) Q4 2020 2021 Q2 For Consideration Council Directive Management Risks and liabilities of nonrenewal of Parks Canada solid waste contract Corporate Services/Resource Recovery Q4 2020 2021 Q2 For information Council Directive (COU19-40) For Information - Expected adoption Neighbourhood Notification Change Update (COU19-81) Planning and Development Q4 2020 2021 Q2 Council Directive and implementation Housing Policy Options – Parks Canada Commercial Intensification Town Manager Office 2021 Q2 Update Council Directive (COU18- 143)
Operations Building and Yard Analysis Operations Q3 2020 2021 Q3 Briefing Council Directive
Single Use Item Reduction Strategy Stakeholder Consultation (COU19- Operations Q4 2020 2021 Q4 For Information Council Directive 225) Add signage for nearest public washroom facilities at various trailheads Communications/Planning and and attractions including the Bow Falls parking lot, canoe docks, 2021 Q3 Complete Council Strategic Plan Development Fenland Trail.
Banff summit on mountain forest, wildfire and safety management – Town of Banff, Provincial ministry, Feds, academic – and public Communications/Protective Services 2021 Q2 Council Strategic Plan engagement of community.
Communication engagement plan for FireSmarting private property, Communications/Protective Services 2021 Q2 Briefing Council Strategic Plan combustible roof replacement and conifer tree replacement incentives.
Implement campaign to measure and recruit subscribers to emergency notification system; Campaign to increase awareness of process during Communications/Protective Services 2021 Q2 Briefing Council Strategic Plan an emergency and community evacuation.
Implement emergency communication plan for all residents and Communications/Protective Services 2021 Q2 Briefing Council Strategic Plan commercial sector, customized for neighbourhoods/districts.
Investigate options to provide priority for transit buses vs personal Engineering Q3 2020 2021 Q2 Provide Options to Council Council Strategic Plan vehicles (eg. Transit priority signaling, transit/ bicycle priority lanes)
Provide options for creating regional emergency management plan. Fire Department 2021 Q2 Briefing Council Strategic Plan
Present options for differential tax rates and differential utility rates for Corporate Services 2021 Q2 RFD Council Strategic Plan rental properties.
Implement construction, renovation and demolition sector (CRD), and biosolid waste to diversion rate accounting, and set targets for Operations 2021 Q2 Briefing Council Strategic Plan reductions (deferred to 2021-2022 due to COVID delays)
Page 1 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
Install organics and recycling collection bins for residents in all districts. Deferred due to COVID impact. Capital budget was adjusted deferring Operations 2021 Q2 Briefing Council Strategic Plan implementation over 3 years.
Coordinate development of Town of Banff Council recommendations to Parks Canada during stakeholder consultation to update the 2020 Planning and Development 2021 Q2 Council Strategic Plan Parks Management Plan, relating to heritage preservation.
Present options for land-use bylaw amendments to encourage development of rental housing, including means to encourage Planning and Development 2021 Q2 RFD Council Strategic Plan development of duplex, triplex, 4-plex, apartment style housing.
Continue the “Park n’ Bike” node at the railway station; provide options for a seasonal bike rental kiosk to be operated by a local business/ Planning and Development 2021 Q3 Briefing Council Strategic Plan partnership.
Create a thematic framework for heritage and heritage context Planning and Development 2021 Q3 RFD Council Strategic Plan statements.
Begin development of a framework for engaging with Indigenous Planning and Development 2021 Q3 Briefing Council Strategic Plan communities.
Present a strategy to implement a tracking program for visitor origins to Planning and Development 2021 Q3 Council Strategic Plan understand the extent of the emissions associated with travel to Banff.
Present an assessment of the uptake and impact of Banff’s existing energy rebate programs, rebate programs offered by the provincial Planning and Development 2021 Q3 Council Strategic Plan government, and other energy efficiency programs or subsidies available to residents and businesses
Formalize a "desire line" trail from Mountain Ave. to the Valley View Will include in Trails Master Plan Community Services 2021 Q3 Council Strategic Plan neighbourhood update
Identify tactics to measure economic recovery in the post-COVID period, including a survey of Banff businesses on expectations and Corporate Services 2021 Q3 Briefing Council Strategic Plan metrics. Update Economic Prosperity Impact Model
Facilitate enhancements to effective coordination of three orders of government in planning for and responding to emergencies. (Facilitate Fire Department 2021 Q3 Briefing Council Strategic Plan and encourage Province and Parks Canada to articulate goals of wildfire management and enhance alignment.)
Present options for strategy to encourage Banff organizations to Fire Department 2021 Q3 Briefing Council Strategic Plan enhance emergency preparedness plans.
Require indoor bicycle parking facilities in new multi-family housing Planning and Development 2021 Q3 RFD Council Strategic Plan developments. Present options to require proper development and maintenance of Protective Services/Planning and residential and commercial decks and sheds to prevent animals from 2021 Q3 Council Strategic Plan Development accessing hiding cover
Page 2 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
Present options for pedestrian crossing (over or under) of the CP Engineering/Planning and Development 2021 Q4 Briefing Council Strategic Plan railway between Marmot Cr. and the Industrial District.
Present a green infrastructure site-map and development plan, developed with community partners. Prioritize developments that are collaborative, multifunctional (i.e. to conserve biodiversity, to reduce stormwater runoff, to support the green economy, to strengthen Planning and Development 2021 Q4 Council Strategic Plan community connections etc.) and that integrate both green and grey infrastructure and connections to other green spaces. Apply green infrastructure prioritization to Town of Banff municipal facilities.
Present options for coordinating or supporting community share/barter/cooperative economy for services and equipment.Launch a collaborative ‘Circular Economy Change Lab’ (with residents, local Operations/Community 2021 Council Strategic Plan waste diversion leaders, and subject matter experts from the non-profit Services/Planning and Development and private sectors), focused on collaborating to prevent waste in Banff. Add: including advocacy for extended producer responsibility.
Supplementary Assessment 2019 Bylaw 55-13 Review Corporate Services 2021 Q2 Complete Scheduled Review
Council Remuneration Policy C1005 Human Resources 2021 Q2 Complete Scheduled Review
C116 Communications Communications Q4 2020 2021 Q2 Review and consider changes Scheduled Review Consider with MGA Public Public Participation Policy Communications Q4 2020 2021 Q2 Scheduled Review Participation Regulations 2021 Q2 (presented to G C7003 Public Use of Municipal Facilities Community Services Q3 2020 Review and consider changes Scheduled Review & F on Feb 22, 2021) 2021 Tax Rate Bylaw 240-17 Review Corporate Services 2021 Q2 Review and consider changes Scheduled Review R001 Fire Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
R002 Water Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
R003 Sewer Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
R005 Solid Waste Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
R006 Fleet Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
R007 Staff Housing Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review R008 Transit Reserve Corporate Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review Supplementary Property Tax 2012 Bylaw 238-7 Review Corporate Services 2021 Q2 Review and consider changes Scheduled Review Superseded by later documents. Environmental Stewardship Policy C093 Review Environmental Management Q1 2020 2021 Q2 Scheduled Review Consider rescinding. Q2 2020 Q3 2020 Q1 Council Policy 019-1 Committee Appointments Legislative Services 2021 Q2 Review and consider changes Scheduled Review 2021 Q1 2021 Election Procedure Bylaw 198-2 Review Legislative Services 2021 Q2 Review and consider changes Scheduled Review Recording of Public Meetings Policy C8002 Legislative Services 2021 Q2 Review and consider changes Scheduled Review Building Permit Bylaw Review Planning and Development Q2 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
Page 3 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
Business Licence Bylaw 22-9 Review Planning and Development 2021 Q4 2021 Q2 Review and consider changes Scheduled Review Community Services/Planning and Trails Lighting Policy C7002 2021 Q3 Review and consider changes Scheduled Review Development Committees Honorarium Bylaw 402 Review Corporate Services 2021 Q3 Review and consider changes Scheduled Review Electric Franchse Agreement Bylaw 383 Review Corporate Services 2021 Q3 Review and consider changes Scheduled Review R004 General Capital Reserve Corporate Services Q3 2020 2021 Q3 Review and consider changes Scheduled Review Sidewalk Inspection and Maintenance Policy C7001 Operations 2021 Q3 Review and consider changes Scheduled Review
Snow and Ice Management Policy C108-1 Operations 2021 Q3 Review and consider changes Scheduled Review Review and consider changes with Water System Bylaw Review Operations Q2 2021 Q3 Scheduled Review G&F, then Council. Parking Cash-in-Lieu Policy C017 Planning and Development 2021 Q3 RFD Scheduled Review Municipal Emergency Organization Bylaw 11-5 Review Fire Department 2021 Q3 Review and consider changes Scheduled Review Council Committees Bylaw 350-1 Review Legislative Services ` 2021 Q3 Review and consider changes Scheduled Review Assessment Review Board Bylaw 148-14 Review Corporate Services 2021 Q4 Review and consider changes Scheduled Review
Disposal of Fixed Assets Policy C6001 Corporate Services 2021 Q4 Review and consider changes Scheduled Review Review and consider changes (annual Fees and Charges Bylaw 388-3 Review for 2022 Corporate Services 2021 Q4 Scheduled Review Bylaw) Pets on Municipal Property Policy C7000 Corporate Services 2021 Q4 Review and consider changes Scheduled Review Tax Penalty and Installment Payment Bylaw 339 Review Corporate Services Q4 2020 2021 Q4 Review and consider changes Scheduled Review Review and consider changes (annual Borrowing - Temporary 2021 Bylaw 247-15 Review for 2022 Corporate Services 2021 Q4 Scheduled Review Bylaw) Council Code of Conduct Bylaw 429 Review Legislative Services 2021 Q4 Review and consider changes Scheduled Review Procedures Bylaw 44-7 Review Legislative Services 2021 Q4 Review and consider changes Scheduled Review
Body Worn Cameras Policy C8000 Municipal Enforcement 2021 Review and consider changes Scheduled Review Banff Community Plan (Municipal Development Plan) Bylaw 266 Planning and Development 2021 Review and consider changes Scheduled Review Review Corproate Gifts from the Town Policy C1003 Corporate Services Q4 2020 2021 Review and consider changes Scheduled Review
Fruit Bearing Tree Management Environmental Management Q1 2020 Q3 2020 Complete Consider options Service Review Planning and Review and adjust Solar PV Incentive Program (summer student) Development/Environmental Q3 2020 2021 Q4 2020 Complete Review and consider changes Service Review Management
Section 10.1 expired December 31, 2019. Bylaw will also need to reviewed Protective Services, Engineering, Planning depending on outcome of Paid Parking Traffic Bylaw 16-8 Complete Scheduled Review & Development question. Potential new section to mirror the speeding sections of the Traffic Safety Act.
LUB Framework – Section 3.0.0 Duties and Responsibilities includes Planning and Development Complete Completed Service Review MPC Public Deliberations (COU16- 9) Present Draft Railway Lands ARP to GFC for prelimiary revew and Planning and Development Complete Completedd Service Review comment
Page 4 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
Review skateboard routes Community Services Q3 2020 Q4 2020 2021 Q2 Review and consider changes Service Review Review and renew all out of town utility servicing agreements Corporate Services 2021 Q2 Briefing Service Review
Deliver GIS Strategic Plan Corporate Services 2021 Q2 Briefing Service Review
Create effective signage for the drop off yard to eliminate Operations 2021 Q2 Briefing Service Review contamination Briefing to council prior to 2021 Report with respect to recapitalization of 101 Bear Street Other 2021 Q2 Service Review Service Review Service Review and Update Municipal Sustainable Building Policy (C106) Planning and Development Q3 2020 Q4 2020 2021 Q2 Review and consider changes Scheduled Review
LUB Framework - “Vehicle for Hire” Services Planning and Development Q3 2020 Q4 2020 2021 Q2 Develop and consider options Service Review
Implement new Facilities Energy, Water, and Waste Management Plan Planning and Development 2021 Q2 Briefing Service Review
Complete environmental assessment for Town of Banff Water Permit Planning and Development 2021 Q3 Briefing Service Review
Complete in-house ‘State of the Environment’ report Planning and Development 2021 Q3 Briefing Service Review
Work with municipal, institutional, and commercial partners to explore potential partnerships on corporate PPAs for purchasing renewable Planning and Development 2021 Q3 Briefing Service Review electricity.
Complete legislative update of Bed and Breakfast review Planning and Development 2021 Q3 RFD Service Review Selection process delayed - Anticipate Public Art installation of Bear Street Shared Street Planning and Development 2021 Q3 Service Review 2022 install Revamping of Open Data Corporate Services 2021 Q3 Briefing Service Review
Consider the housing needs and supply for seniors, by integrating the Housing Study with the understanding of housing from the Bow Valley Community Services 2021 Q3 Briefing Service Review Regional Housing Commission.
Deliver annual State of Housing Report Community Services 2021 Q3 Briefing Service Review
New trail route proposed by railway station parking lot developer, Will include in Trails Master Plan Community Services 2021 Q3 Service Review Legacy Trail bypass Cougar St. to Lynx St. update
Provide Council with update on Trails Master Plan Community Services 2021 Q3 Briefing Service Review
Public consultation on future uses at the Fenlands in the vacated hockey academy leasehold space and hiring of consultant to conduct space Community Services 2021 Q3 RFD Service Review analysis (with external funding)
Investigate an external cyber security system audit Corporate Services 2021 Q3 Service Review
IT Disaster Recovery Plan Corporate Services 2021 Q3 Briefing Service Review
Work with residents to hear their concerns for Emergency Fire Department 2021 Q3 Briefing Service Review Preparedness and evacuation plans prior to the fire season of 2021
Page 5 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
Continued Integration and Coordination of the Fire Smart Program Municipal Parks/Protective Briefing to council prior to 2021 Q4 2020 2021 Q3 Service Review with the Urban Forest Management Plan Services/Planning and Development Service Review
Citizen Satisfaction Surveying Communications 2021 Q3 Public engagement Service Review Operations Administration to analyze expenses for garbage collection in 2020 and 2021, given the change in garbage supply under the COVID-19 -19 2021 Q4 Briefing Service Review pandemic, and use this analysis to advise Council on utility rates when the rates are brought back for review in 2021. New policy development post species Planting Design Policy Operations 2021 Q4 selection and design guideline Service Review approval Service Review update Update on progress to be included in Construction of Banff Ave. Affordable Housing Project Community Services 2021 Q4 State of Housing Report and at 2022 Service Review service review Covid-19 update to the 2019 Community Social Assessment (qualitative Community Services 2021 Q4 Briefing Service Review and local data)
Provide options for lighting for Priority 1 trails that are not currently lit, Community Services 2021 Q4 RFD to GFC Service Review in accordance with Town policy
Relaunch Banff Life Programs that were affected by the pandemic Community Services 2021 Q4 Briefing Service Review restrictions as provincial guidance allows.
Determine qualifying criteria and pre-sales process for Banff Ave. units Community Services 2021 Q4 Briefing Service Review
Banff Ave housing design, permitting, construction Engineering 2021 Q4 Capital project update Service Review Safety and structure Assessment of Fire Hall rooftop space as outdoor Q3 2020 Q4 2020 Q1 Facilities 2021 Q4 Capital project update Service Review amenity for tenants 2021 Adding Indigenous education to the training program for the next Governance 2021 Q4 Service Review Council and as appropriate for administrative leaders.
Report to Council with suggestions on other mountain resort communities - consider forgoing the FCM and AUMA conventions in Legislative Services Q1 2020 2021 Q4 Consider options Service Review favour of a tourism focused mountain resort community
Taxi Regulatory Bylaw 24-3 Review Municipal Enforcement Q3 2020 2021 Q4 Review and consider changes Service Review Creation of a Tree Protection Bylaw Municipal Parks, Planning 2021 Q4 RFD - LUB Service Review Tree Reserve Policy Municipal Parks, Planning 2021 Q4 RFD - LUB Service Review Green Fleet alternative fueled vehicles & equipment need and targets Operations Briefing and recommendations to be 2021 Q4 Service Review 2022 – 2023 presented Waiting for Comments (Parks, BCP) LUB CR (Railway) Land Use District amendments (ARP) Planning and Development Q2 2020 Q4 2020 2021 Q4 Service Review Consider adopting
Encroachment Policy for Town Owned Lands Planning and Development 2021 Q4 New policy. Consider options Service Review
Process for a collaborative long range planning scoping exercise, in conjunction with the review and update of the Banff Community Plan, Postponed pending completion of Planning and Development Q3 2020 2021 Q4 Service Review which should include representatives of relevant Committees of Council BNP Management Plan and community
Page 6 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 2.2 Attachment
For Information - Postponed pending Scoping Exercise - Review of Banff Community Plan Planning and Development Q4 2020 2021 Q4 Service Review completion of BNP Management Plan
Convert Municipal Emergency Plan (MEP) to an Incident Command Fire Department 2021 Briefing Service Review System (ICS) platform
Engage/participate in 2021 new parks Management Plan Governance 2021 RFD Service Review
Update busking guidelines to include COVID protocols (if needed) as well as a consideration to add allowable locations in the renewed 200 Municipal Enforcement 2021 RFD Service Review block of Bear Street.
Update monthly information on Municipal Enforcement traffic safety focuses based on the Alberta Traffic Safety Calendar. Note it on Social Municipal Enforcement 2021 Service Review media and add announcements/updates on any days where officers will be out on a focused program Planning and Development Council review of Off-Site Levies Bylaw 59-4 and required parking and Service Review and 2021 RFD housing cash in lieu fees Scheduled Review
Present options for adoption of a Property Assessed Clean Energy (PACE) to help people make energy efficient upgrades to their Planning and Development 2021 RFD Service Review properties financed through property taxes
Extend Transportation Shift Campaign (Visitor Experience Partnership) Communications 2021 Visitor communications Service Review
Colour Code Council Directive Council Strategic Plan Scheduled Review Service Review Priority Complete
Page 7 of 7 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:3.1
Town of Banff Virtual Public Hearing and Regular Council Meeting Unapproved 2021 June 14 MINUTES OF THE VIRTUAL PUBLIC HEARING AND REGULAR MEETING OF COUNCIL of the Town of Banff in the Province of Alberta Virtual Council Meeting Monday, 2021 June 14, at 2:00 pm
COUNCIL MEMBERS PRESENT Karen Sorensen Mayor (Remote Participation) Corrie DiManno Councillor and Deputy Mayor (Remote Participation) Ted Christensen Councillor and Acting Mayor (Remote Participation) Grant Canning Councillor (Remote Participation) Chip Olver Councillor (Remote Participation) Peter Poole Councillor (Remote Participation) Brian Standish Councillor (Remote Participation)
COUNCIL MEMBERS ABSENT None
ADMINISTRATION PRESENT Kelly Gibson Town Manager (Remote Participation) Silvio Adamo Director, Emergency Management, (Remote Participation) Director, Protective Services, and Fire Chief Jason Darrah Director, Communications (Remote Participation) & Marketing Darren Enns Director, Planning & Development (Remote Participation) Adrian Field Director, Engineering (Remote Participation) Chris Hughes Director, Corporate Services (Remote Participation) Alison Gerrits Director, Community Services, and (Remote Participation) Deputy Director Emergency Management Paul Godfrey Director, Operations (Remote Participation) Barbara King Director, Human Resources (Remote Participation) Randall McKay Manager, Strategic Initiatives (Remote Participation) & Special Projects) Tony Clark Manager of Municipal Enforcement (Remote Participation) Caroline McCartney Manager, Operations Support Services (Remote Participation) Jim MacDonald Manager, Water Services (Remote Participation) Dave Michaels Manager, Development Services (Remote Participation) Hailey Monod Asset Management Coordinator (Remote Participation) Ruth Pryor Community Development (Remote Participation) Coordinator Renée Lavergne Information Governance Coordinator (Remote Participation) Lisa Lee Executive Assistant, Mayor’s Office (Remote Participation) Tara Johnston Legislative Advisor (Remote Participation) Libbey McDougall Municipal Clerk (Remote Participation)
Minutes approved by:
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1.0 CALL TO ORDER
To confirm Members of Council, who all participated virtually due to the ongoing COVID-19 Pandemic, as present, the following roll call was conducted:
ROLL CALL:
Present: (6): Mayor Sorensen, Councillor Canning, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
Mayor Sorensen called the virtual Regular Meeting of Council to order at 2:01 p.m.
2.0 APPROVAL OF AGENDA
2.1 Agenda for the 2021 June 14 Virtual Public Hearing and Regular Meeting of Council
Moved by Councillor Standish
That the Agenda for the 2021 June 14 Virtual Public Hearing and Regular Meeting of Council be approved.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
2.2 2021 Council Workplan
Council, by unanimous consent, received the 2021 Council Workplan for the Corporate Record.
3.0 PUBLIC HEARING
3.1 Land Use Bylaw Amending Bylaw 455 – A Bylaw Encouraging Housing Development
Minutes approved by:
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The continuation of Public Hearing for Bylaw 455, commenced on 2021 May 25, was called to Order at 2:06 p.m.
Lee O’Donnell, addressed Council with respect to the proposed Bylaw. Mr. O’Donnell requested that Council consider alternate parking scenarios that might encourage more varied housing styles.
Council, by unanimous consent, closed the Public Hearing with respect to Proposed Bylaw 455 at 2:37 p.m.
Moved by Mayor Sorensen
That with respect to Item 3.1, Land Use Bylaw Amending Bylaw 455 – A Bylaw Encouraging Housing Development, the following be adopted:
That Bylaw 455 be read a second time.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Moved by Mayor Sorensen
That with respect to Item 3.1, Land Use Bylaw Amending Bylaw 455 – A Bylaw Encouraging Housing Development, the following be adopted:
That Bylaw 455 be read a third time.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Minutes approved by:
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4.0 ADOPTION OF PREVIOUS COUNCIL MINUTES
4.1 Minutes of the 2021 May 25 Virtual Public Hearing and Regular Meeting of Council
Moved by Mayor Sorensen
That the following Minutes of the 2021 May 25 Virtual Public Hearing and Regular Meeting of Council be adopted.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
5.0 INVITED PRESENTATIONS
There were no Invited Presentation scheduled as part of this meeting.
6.0 DELEGATIONS
There were no Delegations scheduled as part of this meeting.
7.0 PUBLIC INPUT ON AGENDA ITEMS
7.1 Written Submissions
7.1.1 Darren Reeder, Executive Director, Banff & Lake Louise Hospitality Association: Letter Re: Preparing for a Summer Reopening, Dated 2021 June 07 (Item 9.1, COVID- 19 Pandemic Updates as of 2021 June 14)
Council, by unanimous consent, received Darren Reeder’s Letter, Re: Preparing for a Summer Reopening, dated 2021 June 07, with respect to Item 9.1, COVID-19 Pandemic Updates as of 2021 June 14, for the Corporate Record.
7.2 Verbal Submissions
No Verbal Submissions were provided at this meeting.
Minutes approved by:
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8.0 UNFINISHED BUSINESS
8.1 Request for Decision: Council Remuneration Review Committee Recommendations Report
Moved by Councillor Olver
That with respect to Item 8.1, Council Remuneration Review Committee Recommendations Report, the following be adopted, after amendment:
That Council, pursuant Section 13.13 of Procedures Bylaw 44-7, as amended, reintroduce failed Motion COU21-193, discussed as part of the 2021 May 25 Virtual Public Hearing and Regular Meeting of Council with respect to the Council Remuneration Review Committee Recommendations Report, so as to
1. Adopt proposed Council Remuneration Policy C1005-1, as presented, that would take effective immediately upon the day a new Council is sworn in to reflect the following recommendations of the Committee as presented in their Report:
a. Increase the current 2021 Mayoral annual base remuneration, for the 2021-2025 Mayoral term, as follows:
i. Current 2021 base remuneration plus 1.4 % until 2022 ($98, 075); ii. A 2.5 % increase in 2023, plus inflationary base wage market adjustment; iii. A 2.5% increase in 2024 plus inflationary base wage market adjustment; and iv. A 2.5 % increase in 2025, plus inflationary base wage market adjustment.
b. That the 2021-2025 Councillor annual base remuneration be calculated at one third of that of the Mayoral annual base remuneration, based on the above increases. c. That effective January 1, 2022 that Per Diem rates be adjusted annually by the inflationary base wage market adjustment; d. Replace the “Computer Allowance” with a “Technology Allowance”, to reflect the broader use of various technology, maintaining the current allowance amount. e. Replace “spouse” with “spouse/partner” to include and reflect diversity in relationships; f. Minor clerical and administrative updates to align the policy with current practices and provide clarity and transparency.)
For: (4): Mayor Sorensen, Councillor Canning, Councillor DiManno, and Councillor Olver Against: (3): Councillor Christensen, Councillor Poole, and Councillor Standish MOTION CARRIED
Minutes approved by:
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9.0 BYLAWS AND STAFF REPORTS
9.1 Verbal Briefing: COVID-19 Pandemic Updates as of 2021 June 14
Moved by Mayor Sorensen
That with respect to Item 9.1, COVID-19 Pandemic Updates as of 2021 June 14, the following be adopted: That Council receive the COVID-19 Pandemic Updates as of 2021 June 14 Verbal Briefing for the Corporate Record.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
9.2 Request for Direction: Bylaw 436, The Temporary Mandatory Mask Bylaw, Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw
Moved by Councillor Christensen
That with respect to Item 9.2, Bylaw 436, The Temporary Mandatory Mask Bylaw, Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, the following be adopted, after amendment:
That Council:
1. Maintain existing Bylaw 436, the Temporary Mandatory Mask Bylaw; 2. Direct Administration to schedule the review of Bylaw 436 as a Standing Item on upcoming Council Agendas until such time as directed by Council.
For: (6): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, and Councillor Poole Against: (1): Councillor Standish
MOTION CARRIED
Minutes approved by:
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Moved by Councillor Standish
That with respect to Item 9.2, Bylaw 436, The Temporary Mandatory Mask Bylaw, Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, the following be adopted, after amendment:
That Council:
3. Direct Administration to return to the 2021 June 28 Virtual Regular Meeting of Council with proposed Bylaws relating to Bylaw 436, that would:
• Remove the requirements for outdoor masking in the Pedestrian Zone; • Repeal Bylaw 436; and • Tie the Temporary Mask Bylaw to the CMHO Order.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Council, by unanimous consent, recessed at 4:00 p.m. to reconvene at 4:15 p.m.
To confirm Members of Council, who all participated virtually due to the ongoing COVID-19 Pandemic, as present, the following roll call was conducted:
ROLL CALL:
Present: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
Council reconvened at 4:16 p.m. with Mayor Sorensen in the Chair.
Minutes approved by:
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9.3 Briefing: Visitor Pay Parking/ Resident Parking Permit Program Update
Moved by Mayor Sorensen
That with respect to the Recommendation contained in Item 9.3, Visitor Pay Parking/ Resident Parking Permit Program Update, the following be adopted:
That Council receive the Visitor Pay Parking/ Resident Parking Permit Program Update Briefing for the Corporate Record.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
9.4 Request for Decision: Lot 14 Deer Street Easement
A Revised Attachment 2, which is to replace Attachment 2, with respect to Item 9.4, Lot 14 Deer Street Easement, was received for the Corporate Record.
Moved by Mayor Sorensen
That with respect to the Recommendations contained in Item 9.4, Lot 14 Deer Street Easement, the following be adopted, after amendment:
That Council:
1. Approve the contents of the Lot 14 Deer Street Easement as presented for residents of 502 to 512 Deer Street who have entered an easement among themselves which allows contiguous access to and from Lot 14 Deer Street (Revised Attachment 1); and 2. Direct that Attachment 1 and the closed meeting discussions remain confidential pursuant to Sections 23 (Local public body confidences), 24 (Advice from Officials), 25 (Disclosure harmful to economic and other interests of a public body) and 27 (Privileged information) of the Freedom of Information and Protection of Privacy Act until such time as the matter has been resolved.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Minutes approved by:
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9.5 Request for Decision: Proposed Asset Management Policy, C1010
Moved by Councillor Christensen
That the Attachment, Proposed Policy C1010, Asset Management Policy, be amended on page 2 of 3, Section 3.0 Principles, fourth bullet, third line, by deleting the words “every five years” and substituting with the words “once per Council Term”.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Moved by Mayor Sorensen
That with respect to the Recommendation contained in Item 9.5, Proposed Asset Management Policy C1010, the following be adopted, as amended:
That Council approve Policy C1010, Asset Management Policy (Amended Attachment).
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
9.6 Request for Decision: Proposed Bylaw 17-4, the Sewer System Bylaw
Moved by Mayor Sorensen
That with respect to the Recommendation contained in Item 9.6, Proposed Bylaw 17-4, the Sewer System Bylaw, the following be adopted:
That Bylaw 17-4 be introduced and read a first time.
Minutes approved by:
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Town of Banff Virtual Public Hearing and Regular Council Meeting Unapproved 2021 June 14 For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Moved by Mayor Sorensen
That with respect to the Recommendation contained in Item 9.6, Proposed Bylaw 17-4, the Sewer System Bylaw, the following be adopted:
That Bylaw 17-4 be read a second time.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Moved by Councillor Canning
That with respect to the Recommendation contained in Item 9.6, Proposed Bylaw 17-4, the Sewer System Bylaw, the following be adopted:
That authorization now be given to read Bylaw 17-4 a third time.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Moved by Councillor Olver
That with respect to the Recommendation contained in the Item 9.6, Proposed Bylaw 17-4, the Sewer System Bylaw, the following be adopted:
That Bylaw 17-4 be read a third time.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Minutes approved by:
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10.0 COMMITTEE REPORTS
10.1 Approved Minutes of the 2021 January 21 Virtual Regular Meeting of the Banff Heritage Corporation
Council, by unanimous consent, received the Approved Minutes of the 2021 January 21 Virtual Regular Meeting of the Banff Heritage Corporation for the Corporate Record.
10.2 Approved Minutes of the 2021 March 18 Virtual Regular Meeting of the Banff Heritage Corporation
Council, by unanimous consent, received the Approved Minutes of the 2021 March 18 Virtual Regular Meeting of the Banff Heritage Corporation for the Corporate Record.
10.3 Approved Minutes of the 2021 January 20 Virtual Regular Meeting of the Banff Housing Corporation
Council, by unanimous consent, received the Approved Minutes of the 2021 January 20 Virtual Regular Meeting of the Banff Housing Corporation for the Corporate Record.
10.4 Approved Minutes of the 2021 February 17 Virtual Regular Meeting of the Banff Housing Corporation
Council, by unanimous consent, received the Approved Minutes of the 2021 February 17 Virtual Regular Meeting of the Banff Housing Corporation for the Corporate Record.
10.5 Approved Minutes of the 2021 January 27 Virtual Regular Meeting of the Banff Public Library Board
Council, by unanimous consent, received the Approved Minutes of the 2021 January 27 Virtual Regular Meeting of the Banff Public Library Board for the Corporate Record.
10.6 Approved Minutes of the 2021 February 24 Virtual Regular Meeting of the Banff Public Library Board
Council, by unanimous consent, received the Approved Minutes of the 2021 February 24 Virtual Regular Meeting of the Banff Public Library Board for the Corporate Record.
Minutes approved by:
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10.7 Approved Minutes of the 2021 March 17 Virtual Regular Meeting of the Bow Valley Regional Transit Services Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 March 17 Virtual Regular Meeting of the Bow Valley Regional Transit Services Commission for the Corporate Record.
10.8 Approved Minutes of the 2021 April 14 Virtual Regular Meeting of the Bow Valley Regional Transit Services Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 April 14 Virtual Regular Meeting of the Bow Valley Regional Transit Services Commission for the Corporate Record.
10.9 Approved Minutes of the 2021 January 21 Virtual Regular Meeting of the Bow Valley Waste Management Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 January 21 Virtual Regular Meeting of the Bow Valley Waste Management Commission for the Corporate Record.
10.10 Approved Minutes of the 2021 February 18 Virtual Regular Meeting of the Bow Valley Waste Management Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 February 18 Virtual Regular Meeting of the Bow Valley Waste Management Commission for the Corporate Record.
10.11 Approved Minutes of the 2021 March 18 Virtual Regular Meeting of the Bow Valley Waste Management Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 March 18 Virtual Regular Meeting of the Bow Valley Waste Management Commission for the Corporate Record.
10.12 Approved Minutes of the 2021 April 20 Virtual Regular Meeting of the Community Art Committee
Council, by unanimous consent, received the Approved Minutes of the 2021 April 20 Virtual Regular Meeting of the Community Art Committee for the Corporate Record.
Minutes approved by:
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10.13 Approved Minutes of the 2021 May 04 Virtual Regular Meeting of the Community Art Committee
Council, by unanimous consent, received the Approved Minutes of the 2021 May 04 Virtual Regular Meeting of the Community Art Committee for the Corporate Record.
10.14 Approved Minutes of the 2021 May 18 Virtual Regular Meeting of the Community Art Committee
Council, by unanimous consent, received the Approved Minutes of the 2021 May 18 Virtual Regular Meeting of the Community Art Committee for the Corporate Record.
10.15 Approved Minutes of the 2021 May 20 Virtual Meeting of the Development Appeal Board
Council, by unanimous consent, received the Approved Minutes of the 2021 May 20 Virtual Meeting of the Development Appeal Board for the Corporate Record.
10.16 Town of Banff Development Appeal Board Written Decision for Appeal #01-21
Council, by unanimous consent, received the Development Appeal Board Written Decision for Appeal #01-21 for the Corporate Record.
10.17 Approved Minutes of the 2021 March 24 Virtual Regular Meeting of the Municipal Planning Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 March 24 Virtual Regular Meeting of the Municipal Planning Commission for the Corporate Record.
10.18 Approved Minutes of the 2021 April 14 Virtual Regular Meeting of the Municipal Planning Commission
Council, by unanimous consent, received the Approved Minutes of the 2021 April 14 Virtual Regular Meeting of the Municipal Planning Commission for the Corporate Record.
11.0 CORRESPONDENCE
No Correspondence was received for this meeting.
Minutes approved by:
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12.0 NEW/URGENT BUSINESS
No items of New/ Urgent Business were scheduled as part of this meeting.
13.0 CONFIDENTIAL ITEMS
13.1 Confidential Request for Decision: 2021 Community Grants Allocation
Councillor Christensen declared a pecuniary interest with respect to Item 13.1, 2021 Community Grants Allocation, and abstained from discussion and voting, as he is a member of two Committees who have applied for a 2021 Community Grant. Councillor Christensen left the virtual Council Meeting at 5:38 p.m.
Moved by Mayor Sorensen
That Council recess at 5:39 p.m. to reconvene in a closed meeting, to be conducted in a confidential Zoom Meeting environment, pursuant to Sections 17 (Disclosure to personal privacy) and 19 (Confidential evaluations) of the Freedom of Information and Protection of Privacy Act., to consider confidential matters with respect to the Item 13.1, 2021 Community Grants Allocation.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish MOTION CARRIED
Council reconvened in closed meeting at 5:40 p.m. with Mayor Sorensen in the Chair.
Council recessed in closed meeting at 5:43 p.m.
Council reconvened in public meeting at 5:44 p.m. with Mayor Sorensen in the chair.
Moved by Mayor Sorensen
That Council rise and report.
For: 67): Mayor Sorensen, Councillor Canning, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Minutes approved by:
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Town of Banff Virtual Public Hearing and Regular Council Meeting Unapproved 2021 June 14
Individuals in attendance during the closed meeting discussions with respect to Item 9.4, Lot 14 Deer Street Easement.:
Clerk: L. McDougall Advice: R. Pryor Observer: A. Gerrits
Moved by Mayor Sorensen
That with respect to Item 13.1, 2021 Community Grants Allocation, the following be adopted, after amendment:
That Council:
1. Adopt the recommendation of the Community Grants Committee to allocate a total of $31,000 in grants to recipients as follows:
FCSS BUILDING BRIDGES GRANT Community and neighbourhood groups and individuals in Banff and Lake Louise Applicant and Project Committee Recommendation Banff Inclusive Housing Committee - Start Up Costs 2000 Sarah Dehghan/Kate Gibson - Project Menstruation 2000 Banff Theatre Collective - One Act Play Festival 2000 Mo Valley - Cheryl Ello - Testimonial videos mens' mental and physical health 1500 Banff Mixed Slo Pitch - safety gear new injury prevention rules 1300 Banff Poet Laureate Committee - Online, interactive presentations, readings and workshops 1200 Tannia Burelo - Rural Mental Health Project Wellness Toolkits 1000 Totals $11,000
COMMUNITY GRANT For registered non-profit societies and charities providing services in Banff $20,000 available. Maximum grant $5,000 Committee Applicant and Project Recommendation
Minutes approved by:
Page 15 of 17
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:3.1
Town of Banff Virtual Public Hearing and Regular Council Meeting Unapproved 2021 June 14 The Whyte Museum - Living With Wildlife and Nature from an Indigenous Perspective 3500 The Banff Sport Medicine Foundation - "Keep Kids in Play" Multimedia Education Resources for Youth Knee Injury Prevention 2800 Banff Mineral Springs Hospital Covenant Foundation - Virtual Reality Project 2500 The Crush Collective - Gear Library - An Accessible Lending Project 2500 Bow Valley Climate Action Society - Envisioning and Preparing for our Low Carbon Future 2000 Banff Public Library - Library Listening Room Series 2000 Banff Skating Club - Operational Support due to Covid 2000 Banff Springs Golf Club -Junior Golf Equipment Project 1500 Community Cruisers - Bike All Winter 1200 Total $20,000
3. Direct that this Report be released as a public document; and 4. Direct that the closed meeting discussions remain confidential pursuant to Sections 17 (Disclosure to personal privacy) and 19 (Confidential evaluations) of the Freedom of Information and Protection of Privacy Act.
For: (6): Mayor Sorensen, Councillor Canning, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
14.0 ADJOURNMENT
Moved by Councillor Standish
That this Council adjourn at 5:48 p.m.
ROLL CALL VOTE:
For: (6): Mayor Sorensen, Councillor Canning, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish
MOTION CARRIED
Minutes approved by:
Page 16 of 17
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:3.1
Town of Banff Virtual Public Hearing and Regular Council Meeting Unapproved 2021 June 14
______Karen Sorensen Libbey McDougall Mayor Municipal Clerk
Minutes approved by:
Page 17 of 17
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.1
June 7, 2021
Mayor Sorensen and Town Council Town of Banff Box 110 Bear Street Banff, AB T1L 1A1
RE: Preparing for a Summer Reopening
Dear Mayor and Council,
The events of the past 15 months have been unlike anything our community has ever experienced. With the release of the Government of Alberta’s Open for Summer Plan, however, there has been a palpable shift in optimism and, an eagerness amongst our business constituents to welcome visitors back to Banff National Park.
The Banff & Lake Louise Hospitality Association (BLLHA) is grateful to the Town of Banff for its role in supporting the community since the pandemic began. We are proud of the work we have done together and the leadership of the town to help ensure the health and safety of Banff’s residents.
As you are aware, the work undertaken by BLLHA and other partners this past year to support the community and local business members has been informed by the Economic Taskforce and a foundational objective to safely reopen the destination. With the destination now decidedly moving towards reopening for summer, we are looking to the Town of Banff to amplify our messages and join us in turning the page to welcome visitors back to safely experience the destination.
At the current rate of vaccination, it would appear that Alberta will be moving toward Stage 3 reopening as early as the last part of June. The reopening plan developed by Banff Lake Louise Tourism and endorsed by the leadership of both organizations is an important step toward preparing the destination to receive visitors and we are certainly looking to the Town of Banff to amplify the tactical aspects of that plan, where, and when appropriate.
As many people have, and may continue to be, impacted by the lingering effects of COVID-19, it is understandable that not everyone may feel comfortable with the return of visitors; however, our shared efforts must be informed by what the data is telling us and then relating that in a manner that is sensitive to all audiences with whom we communicate.
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.1
In a May 8, 2020 news release, Leslie Bruce, on behalf of the Economic Taskforce, stated: “The task force will mobilize a strategy to move from business reopening to a sustainable economy.” After more than a year of being in hold pattern, we are finally able to do this – and, with a renewed sense of awareness and appreciation for all whom live in and visit our community.
As we move quickly to reopen, we will seek to remind and encourage people to be sensitive, thoughtful, and demonstrate acts of random kindness to help lift the human condition. Our shared efforts will focus on the dispersion of visitors, challenging those familiar with Banff National Park to be purposeful when trip planning, and, asking them to pre plan where they intend to visit, to pre plan where they might park, and, to conscientiously leave our destination in a better state than when they arrived.
With the worst of the pandemic behind us, BLLHA is looking to the Town of Banff to align its messaging and policies to provincial health restrictions. In this context, we are looking to the town to rescind the Banff’s Temporary Mask Bylaw on, or prior to, the Alberta government’s anticipated lifting of the province-wide mask mandate, which is expected this month.
In the same manner we aligned as destination leaders to support the health, wellbeing and safety of our community when it mattered most, with our vaccination path on track - thanks to the strong uptake of local residents - it’s time to welcome visitors back to our community and rebuild the foundation of our tourism economy.
Sincerely,
Darren Reeder Executive Director Banff & Lake Louise Hospitality Association
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.2
From: Kathryn Madill To: {Municipal Clerk - Website Mailbox} Subject: Masks in the downtown area Date: Sunday, June 13, 2021 9:19:42 AM
Dear Mayor Sorenson and Town Council,
I am writing with concern about the Tourism sector requesting dropping the by-law that states people in the downtown area must wear masks.
We are reading in the news that mutations and case counts of the Covid virus are on the rise in many places in the world. Even though vaccinations are also on the rise. Wearing of masks is one of the precautions that can be taken to try to stop spread.
The Town of Banff has done a fantastic job of dealing with many hurtles of this pandemic in the past year and a half. Please let us keep doing everything we can to keep this virus at bay. We are not ‘out of the woods’ yet. If people want to come to Banff for a vacation, wearing a mask downtown is not going to stop them from coming here.
Thank you, Kathy Madill-Scott
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.3
From: Jim Davis To: {Municipal Clerk - Website Mailbox} Subject: Council Meeting June 14, Submission on Agenda Items 7.1.1 and 9.2 Date: Sunday, June 13, 2021 11:00:37 AM
I note that at the June 14 Council Meeting will receive a written submission under Agenda Item 7.1.1 from Mr. Darren Reeder of the Banff & Lake Louise Hospitality Association. I also note that the Rocky Mountain Outlook has recently quoted Mr. Reeder as follows “ We are looking to the Town to rescind the Banff’s temporary mask bylaw on, or prior to, the Alberta government’s anticipated lifting of the province-wide mask mandate, which is expected this month ” Town Administration has requested direction from Council as to how to proceed with the Temporary Mask Bylaw under Agenda Item 9.2. I write to inform Council that in my opinion rescinding the Mask Bylaw along the timelines suggested by Mr. Reeder would be reckless and foolhardy. My reasoning is as follows: I feel that the Town of Banff has done an excellent job of mitigating both the health and economic impacts of Covid-19 over the last 15 months. The approach appears to have been guided by science and that should remain the case going forward. The RMO recently quoted the Town’s Director of Emergency Management as follows “ We could be as high as 91 per cent first dose for people 12 and up and nine per cent fully vaccinated,” While local uptake on the first dose of vaccine is laudable, science indicates that the initial dose only offers approximately 30% protection against the Delta Variant which appears to be gaining a significant foothold in Alberta. It is therefore my opinion that rescinding the Mask Bylaw ought to wait until we have a much higher percentage of residents fully vaccinated. Alberta Government pandemic policies are not widely respected and Government leadership approval ratings are among the lowest in Canada. Why would the Town of Banff choose to follow the Provinces lead? Thank for your consideration of my letter and thank you for your effective, science based leadership throughout the course of the pandemic.
Sincerely,
Jim Davis Banff
Sent from Mail for Windows 10
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.4
From: Joan Jones To: {Municipal Clerk - Website Mailbox} Subject: mandatory masks Date: Wednesday, June 16, 2021 12:11:21 PM
Dear Mayor Sorenson and Councillors,
Thank you for your excellent work in keeping Banff safe from Covid, particularly the mandatory mask initiative for downtown. With the new Delta strain and many potentially unvaccined visitors expected this summer, I hope masks will continue to be mandatory in designated areas.
Keep up the great work and stay safe.
Best regards,
Anne Ewen Chief Curator of Art and Heritage Whyte Museum Banff
Sent from Mail for Windows 10
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.5
From: Marion Gundry To: {Municipal Clerk - Website Mailbox} Subject: Masks Date: Thursday, June 17, 2021 1:22:00 PM
I am writing this to voice my concern of lifting the restriction on wearing of masks in the Town of Banff.
I understand that the town is under pressure to lift this restriction. With the swarms of people coming to town now, I encourage you to continue the mask requirement in all inside buildings.. The residents have worked too hard to get the covid numbers down to risk the chance of a spike happening again.
Sincerely, Marion Gundry
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.6
From: Sonya Lea To: {Municipal Clerk - Website Mailbox} Subject: Letter for Council Date: Friday, June 18, 2021 8:34:12 AM
Dear Council Members,
I'm writing today to thank you for your care around masking and distancing in the downtown core during the time of the pandemic. As someone with immunosuppression due to a rare disorder, I felt like my community leaders understood science, and were prioritizing the most vulnerable. I'm glad you didn't allow the politicization of masking in Alberta to influence your choices, and that you supported the businesses who needed to keep this requirement. Likewise, you have preserved the beauty of the downtown, and created safe spaces for visitors to enjoy the Banff vistas. This care and kindness for others is why I came from America to live here five years ago.
One request I'd like to make is to consider noise pollution in the downtown core. While enjoying dinner outdoors at a new restaurant in Banff, we were infringed on by a Roam bus driving by with its bells dinging nearly every five minutes. The buses were almost empty. I wonder if you might consider relocating these buses to depart passengers on side streets so they might preserve the experience of the national park? I'm thrilled that you're providing access to those people who might otherwise not be able to walk the distance. You might also consider that the entire road will be needed for foot passengers and bikes, since Banff is likely to be very busy this summer.
I had hoped you would consider offering a year-round, car-free experience in downtown Banff as they do in Reykjavik, Venice, New Orleans, Seattle (which closed 20 miles of its streets this year), Auckland, Bogata, and Milan (which has closed 22 miles of streets for walking and bikes this year.) Unlike car traffic, which keeps people snarled in stop and go waiting, foot traffic allows people to move at their own pace. This ecopsychologist speaks to the benefits of greening cities, and as Dr. Chrystal Rivers says, walkable cities attract tourism.
Please consider removing the buses so foot traffic can be prioritized.
Thank you for keeping Banff beautiful and safe during this challenging crisis.
Sincerely,
Sonya Lea Ralph
Banff
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Page 1 of 6 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council 6/22/2021 Ten Benefits To Closing Off City Downtowns To Cars | by Christyl Rivers, Phd. | Greener Together | Medium Item #: 6.1.6
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Ten Benefits To Closing Off City Downtowns To Cars All new cities are re-imagined as we emerge from a pandemic present.
Christyl Rivers, Phd. Follow Jul 9, 2020 · 5 min read
Photo by Sanjeev Kugan
A Brief Respite Inspires
Page 2 of 6 https://medium.com/greener-together/ten-benefits-to-closing-off-city-downtowns-to-cars-b527906522bf 1/5
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council 6/22/2021 Ten Benefits To Closing Off City Downtowns To Cars | by Christyl Rivers, Phd. | Greener Together | Medium COVID-19 brought with it the closure of city streets. Air cleared. Birds sang. WildlifeItem #: 6.1.6 made a brief appearance. Natural sounds, refreshing scents, less light pollution, and much less noise became a welcome attraction.
Is this something we could capture for future pandemics and better living? It is entirely possible. Plus, by adding more green space and vertical, as well as layered and horizontal gardens, natural carbon sinks could be added.
Broad, breathable lanes For a brief time, when people did wander outside, they found broad roads where distancing at six feet was not so challenging. Take cars, or at least several cars, off the roads, and you have wide and ample room for pedestrians and bike lanes. The first benefit then, is more space.
Appealing places and spaces Getting people downtown again means making town attractive. With belching cars, traffic, annoyed drivers, roaring motors, and no time to take in the beauty of a city, we steer people away from our dying urban centers. But with eight billion people arriving soon, and tending to seek lives and work in cities, we must find ways to keep them appealing.
Health and safety In New York City, during lock down, the streets went for two full months without a single traffic fatality. It is estimated in Los Angeles, that traffic collisions wrecked more than 6,000 fewer lives. Add to that, less pollution, less aggravation, less hostility, less time getting agitated in search of parking, and less road rage. Add to that, exercise just through walking, bike lanes, jogging paths, in-line skates, fresher air, and a more fit populace.
Mental Health benefits As an ecopsychologist, I am very biased against pollution, unnatural concrete, less biodiversity, and harsh noise. Greening our cities, with median center public gardens and green space is a win/win. It helps soothe our minds and relax our bodies. Human beings need green, and for mental health, physical well-being, and exercise, we need a green city farming revolution. It is also been shown that community interaction with public markets also improves mental health, even as it diminishes food deserts. Page 3 of 6 https://medium.com/greener-together/ten-benefits-to-closing-off-city-downtowns-to-cars-b527906522bf 2/5
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council 6/22/2021 Ten Benefits To Closing Off City Downtowns To Cars | by Christyl Rivers, Phd. | Greener Together | Medium The benefit of returning wildlife and natural sound with biodiversity is pleasantItem for #: 6.1.6 humans, but it is also downright necessary for the long term viability of civilization.
Practicality and utility Creating practical spaces where people can access work space, café space, entertainment spaces and more allows natural flow of foot traffic. Unlike car traffic, which keeps people snarled in stop and go waiting, foot traffic allows people to move at their own pace.
This could be augmented with walk on/ walk off moving sidewalks, for an even more leisurely, and pleasant experience for tourists or shoppers. Self-driving cars with charging stations, and access to bikes and bike lanes would also help.
At present, the reason why bikes have not caught on in some cities is because there are too many cars to make bike riding safe and practical. Lose the cars, and save the lives.
Driving innovation As new cities come into being, new innovations will be driven simply by necessity coming into contact with creativity. A whole new space, such as a modern green city offers space and time for creative minds to engineer all sorts of new possibilities. Flying cars? Vertical gardens? Biodiverse elevators in and outside of tall buildings? Whatever the human mind can envision can be conceived of, created, tested, and finally realized if people have attractive and mentally supportive, distraction free space.
Freeing up Real Estate As more people are allowed to work from home, some city planners are concerned about real estate spaces in cities becoming obsolete. But, on the other hand, people want affordable housing in the city. They may want to set up business closer to where they live.
Imagine fewer, drab ugly parking lots. Imagine fewer parking garages, fewer change gobbling parking meters, fewer citations, fewer cars just sitting around creating heat and blocking space overall.
Converting garage parks and ugly lots to freed up green space, pocket parks for pollinators, and every kind of business — from public market, to craft fair, to eatery, or shoe store — the possibilities are endless. Page 4 of 6 https://medium.com/greener-together/ten-benefits-to-closing-off-city-downtowns-to-cars-b527906522bf 3/5
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council 6/22/2021 Ten Benefits To Closing Off City Downtowns To Cars | by Christyl Rivers, Phd. | Greener Together | Medium Walkable cities attract tourism Item #: 6.1.6 Think of Venice, before she began to sink beneath the rising waters of climate crisis. Or think of New Orleans, or any major city that craves being a tourist destination. International travel is uncertain for the near future, but making local cities attractive to tourists, has huge advantages.
With fewer cars and an infrastructure that accommodates effective and safe public transit, people who arrive without private cars are going to flock to places that invite pedestrian, or biking, accessibility.
More space for water features With more tourists, more water features are desirable. People in large crowds, such as those we see at Seattle’s Center Fountain, love to congregate around water features. With a greener, carbon sink saving, and bio-diverse infrastructure that conserves, filters and protects water, this is entirely possible.
Less carbon emissions added together with more water preservation and protection, makes a much more attractive, clean, and safe place for people and wildlife to enjoy ponds, lakes, fountains, waterfalls, and more.
Bridges, tunnels, overpasses, and connections Getting in and out of city space has always been challenging in cars. But multiple avenues of connection that are largely traffic free offer far more accessibility. Traffic lanes designed especially for buses, or trams, can run on some lines and not others. Subways, pedestrian bridges, walk ways of every width and length can add more access points.
Bridges that allow pedestrians and bikes while keeping dangerous cars off limits can ensure that such accessibility is kept safe and secure.
These are just ten of some envisioned benefits. There are likely to be others. The sense of a shared space, for example, community pride and the ability to navigate without traffic distractions can be imagined to add even more advantage.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council 6/22/2021 Ten Benefits To Closing Off City Downtowns To Cars | by Christyl Rivers, Phd. | Greener Together | Medium
By Greener Together Item #: 6.1.6
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.7
Page 1 of 1
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.8
From: Marsha Laub To: {Municipal Clerk - Website Mailbox} Subject: mask regulations Date: Monday, June 21, 2021 3:44:07 PM
I would like the Mayor and Council to know that I am totally in favour of maintaining the mandatory mask regulations presently in place in the townsite despite any provincial relaxations.
Marsha Laub
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.9
From: L. To: {Municipal Clerk - Website Mailbox} Subject: Mandatory Mask Bylaw Date: Sunday, June 20, 2021 8:59:48 AM
Hello, I just wanted to express my concern about the mask bylaw being lifted in Banff. While I recognize that it is necessary in many ways to get visitors to return to Banff, my concern about the Delta variant is high. Many people that I interact with that work in the service industry have expressed their concerns about the Delta variant. Our concern is that many of us are not fully vaccinated yet and our likelihood of exposure without an indoor mask law is extremely high. I agree that dropping the masks outside is a good idea as adherence is very low. However, with larger groups being allowed into our restaurants, grocery stores and other retailers in town, I feel we will be inviting a bigger problem that will push us into another unwanted and potentially unnecessary "lockdown". These shutdowns are very hard on people's mental and financial health. If we look at Europe and other parts of the world, the Delta variant is forcing some countries to shut down again. I am not sure why our provincial government has decided that we are somehow immune to this problem. It feels as though this is more about politics and less about public health and safety. It is my hope that Banff town council takes this into consideration when they are making decisions about changes to the bylaw. Thank you for taking the time to hear my concerns. I would prefer my name to not be printed or exposed in the media as this could present problems for me at my workplace.
Get Outlook for Android
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.10
From: Vamini Selvanandan To: {Municipal Clerk - Website Mailbox} Subject: Written submission for June 28, 2021 Council Meeting Date: Tuesday, June 22, 2021 9:05:34 AM
Dear Mayor and Town Councillors of the Town of Banff,
Last summer, you voted to bring in the mandatory masking by-law well ahead of the provincial masking mandate to protect residents and visitors of Banff from COVID-19 infection. I thank you for acting early and decisively when the province was slow to show leadership in this matter. Now you are faced with a similar decision on what your role is in protecting visitors and residents beyond provincial mandates.
As a local physician with training and knowledge in public health, I have summarized some key points and recommendations that I hope you will find useful in your deliberations.
Key Points The delta variant of the SARS-CoV-2 virus is now the dominant strain in Alberta. It is 60% more contagious than the alpha variant, which in turn is 70% more transmissible than the original virus, and results in twice the rate of hospitalization. It is not a question of if we will have a fourth wave in Alberta, but when. By making wise choices now, we can control how high the peak of the fourth wave will be and whether strict public health restrictions will have to be instituted again..
We have not yet achieved herd immunity in Banff. Herd immunity requires 2 vaccinations PLUS 2 weeks for 80-90% of the entire population including children. As of June 22nd, the percentage of the Banff/Lake Louise population with 2 doses is 13.7%.
First dose vaccination rates in Banff/Lake Louise of 90% or more are being reported in local newspapers and are misleading and incorrect. While the data coming from Alberta Health Services is not perfect, it is the best we have. Vaccination rates are obtained using the same methodology to determine the numerator (number of people receiving vaccinations assigned to the area) and the denominator (total number of people assigned to the area). Town of Banff officials are reported to be using the numerator from AHS but choosing a different denominator to arrive at 90% or more of people vaccinated. This mixing and matching of data leads to error and is not acceptable or credible when using data for health protection purposes.
Vaccination rates among the 20-39 year olds are extremely low with less than 6% having 2 vaccines as of June 22nd, 2021. With our previous waves of COVID-19 infection, this age group with frontline jobs and many social contacts has been the key population for spread of infection.
No children under 12 are vaccinated and they deserve to be protected.
Recommendations
The requirement for masking outdoors can likely be lifted without a substantial adverse effect on rates of infection. Outdoor spaces are well-ventilated, allow people to spread out and result in a risk of spread that is low.
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.10
Continue indoor masking restrictions, social distancing and hand-sanitizing measures until we have a significant proportion of the total population with 2 doses PLUS 2 weeks. This may take several weeks to a few months.
Continue masking in public transit, taxis and other forms of shared transport where social distancing cannot be practiced and ventilation is variable.
Encourage adults in the 20-39 year old age group to get their first and second doses of vaccines through public/employer messaging, incentives and peer influence. Removing restrictions in a stepwise manner rather than all at once will allow us to more readily recognize adverse trends in infection rates and make minor adjustments without having to resort to severe lockdowns. I thank you for your consideration and trust that you will make the best decision you can.
Sincerely,
Dr. Vamini Selvanandan MD CCFP MPH Family Physician, Public Health Consultant Past President – Bow Valley Primary Care Network Chair Elect – Canadian Public Health Association
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.11
Subject: FW: Masks Date: Tuesday, June 22, 2021 10:07:15 AM
> From: Ruth Kleinitz > Sent: Saturday, June 19, 2021 5:04 PM > To: Lee, Lisa
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.12
Subject: FW: Mask Bylaw Date: Tuesday, June 22, 2021 10:07:46 AM
> From: Joanne Scott > Sent: Monday, June 21, 2021 9:31 AM > To: Lee, Lisa
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.13
Page 1 of 1
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.14
From: Marion Walls To: {Municipal Clerk - Website Mailbox} Subject: Comment for consideration in Banff mask bylaw discussion Date: Monday, June 14, 2021 12:26:21 AM
Hello Banff Town Council
I respectfully request that you retain the mandatory mask bylaw in Banff in its current form, both indoors and outdoors, until 14 days after the vast majority of people who live in I.D. No. 9 have received their second dose of covid-19 vaccine, in order to appropriately protect our residents during the current phase of the covid-19 pandemic.
Specifically, I request that the current mask bylaw stays as is until 14 days after 75% of I.D. No. 9 residents who have received their 1st dose of vaccine have also received their 2nd dose, according to the number of people reported by Alberta Health Services in their daily update. Basing the 75% 2nd dose trigger off of the number of people reported at that same time to have a 1st dose is a simple metric that is not subject to any uncertainties regarding the actual number of residents in I.D. No. 9. A 14 day delay after reaching the 75% 2nd dose trigger allows for enhanced immunity to develop after people receive their 2nd vaccination, which I regard as essential for protecting our health in light of the more transmissible Covid-19 Delta variant clearly gaining traction in Alberta and recent data indicating one dose of vaccine is only about 33% effective against Delta variant.
The recent resurgence in active covid cases in Municipal District of Bighorn, (to 83 cases as of June 12), demonstrates how rapidly the public health situation in an area can deteriorate even though Alberta is on the cusp of Stage 3 reopening, so it is completely reasonable for Banff to set our own health measures that are applicable to our own situation as a tourist destination.
I understand from TOB website that approximately 84% of our population is thought to have at least one dose of vaccine as of June 13. This number is high relative to other parts of Alberta, and it seems to me to be a testament to the concern that our residents have for protecting ourselves and our community. It is also reflective of the care and proactive approach that you as a Council have demonstrated in protecting the health and financial well- being of our town since the pandemic started, as illustrated by your enactment of the mandatory mask bylaw in the first place as well as your advocacy for 1st doses of vaccine at Fenlands.
I believe that extending the current mandatory mask bylaw until our community reaches a threshold of 2nd dose vaccinations helps to keep Banff in control of its own destiny healthwise, and upholds Banff's reputation as a safe place for people to visit. It is disingenuous for Banff and Lake Louise Hospitality association to imply that tourism in Banff is adversely affected unless we appeal to the lowest common denominator in the public with regard to mask usage. If we hold another Fenlands clinic to expedite 2nd doses of vaccine, the criterion of "75% I.D. No. 9 2nd doses plus 14 days delay" can likely be completed in time to allow Banff mask bylaw to be removed by the end of July in any case. That seems to me to be a completely reasonable and prudent time frame after the many sacrifices we have all made since the pandemic started.
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.14 thank you Marion Walls (Banff resident)
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.15
Subject: Masks Date: Wednesday, June 23, 2021 10:40:59 AM
From: Mona Seguin Date: June 22, 2021 at 12:30:31 PM EDT To: "Sorensen, Karen"
,Hi Karen
I would like to put my two cents in regarding masking in Banff. I would like to see the mask bylaw continue for at least the summer. We are all quite used to it and it is important for our health and for the health of our economy to have tourists come to our beautiful town. I certainly don’t think that it will deter tourists from coming here and we will all be safer for it.
Thanks,
Sent from my iPad
Mona Seguin
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.16
From: Laurie Hardingham To: {Municipal Clerk - Website Mailbox} Cc: Laurie Hardingham Subject: For discussion June 28 council meeting Date: Wednesday, June 23, 2021 11:18:32 AM Attachments: IMG 1432.PNG
To Banff Mayor and Council:
When you discuss the Banff Mask Bylaw, please keep in mind that we have worked very hard in Banff to get our active Covid-19 cases down to zero. With the Province of Alberta lifting of almost all restrictions, I sincerely hope that Banff will not do the same. With the Delta Variant set to become the prevalent infecting agent over the next month, I fear another wave of infections with increasing visitation to Banff this summer. Please, please consider keeping the mask bylaw in effect at least for the next month or two until we see how things go after the provincial reopening.
The attached announcements is , I am sure, the first of many. The town of Banff must keep in mind that, although our vaccination rate is high locally, some of the places where our visitors and new staff come from may not be as high.
Sincerely, Laurie Hardingham Banff resident
Please put on agenda for next Town Council Meeting
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Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.17
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.17
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.18
From: Julia LoVecchio To: {Municipal Clerk - Website Mailbox} Subject: Rescinding Bylaw 436 - Temporary Masks Date: Wednesday, June 23, 2021 12:21:31 PM
Dear Banff Council,
I want to start off by stating that the last 18months of our lives in town have been a complete whirlwind - and in many ways no matter what actions were taken by council, someone was going to be impacted - either positively or negatively and I want to thank you for your continual, conscientious approach to Banff's response to covid.
However, our province and the team of health experts providing guidance and recommendations have finally come to a place where we are comfortable with re- opening our communities and while no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction provided from provincial designated health experts.
Banff's municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health - full stop.
A mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration and will erode visitor experience and our destination reputation as a welcoming place.
BUT more importantly, it puts additional stress on our front-line team that must encounter those not in compliance. These amazing people who have been the face of covid management in Banff are not equipped, compensated for or deserved of this role --> it is not fair to put them in this position when they have been through SO MUCH already - let's remove this hurdle for them in this is already challenging environment and help to re-open and re-establish our brand position of being a community that welcomes visitors. As our provincial health authorities have indicated that it is finally time to SAFELY welcome people back - with no masks.
The shared efforts of the Town, BLLT, SB3, BLLHMA, Parks plus all the private businesses supporting our safe reopening with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived goes FAR beyond masking - our push to get to a 90% local vaccination rate is what we should be celebrating by removing the mask bylaw as it is vaccinations that will ensure the health and safety all.
Just like everything we do in good times, we continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, I am asking the Town of Banff to rescind the Bylaw 436, The Temporary
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.19
From: Andrew Matergio To: {Municipal Clerk - Website Mailbox} Subject: Rescind Bylaw 436 - The Temporary Masks Bylaw Date: Wednesday, June 23, 2021 2:52:28 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I, Andrew Matergio, as the owner of Banff Soul Ski and Bike, believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line teams that must encounter those not in compliance. I have seen these issues already first hand - it is one more hurdle my team, and our amazing frontline teams at other businesses, need to manage as we move through this challenging environment towards the re-opening of our tourism based economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff Soul has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include increased cleaning protocols, limiting in store capacity through appointment only shopping, multiple sanitizing stations for clients , options for curbside and online shopping, and most importantly providing our staff with information, encouragement and support to get vaccinated, all with the health of our staff, clients, visitors and community in mind . We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park. With the high vaccination rate achieved in our community (over 90%), masking should become a personal choice, rather than a requirement.
On June 28, I am asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration, Andrew Matergio -- Andrew Matergio
banffsoul.com
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.20
From: Hayley Turner To: Sorensen, Karen; Canning, Grant; Christensen, Ted; Standish, Brian; DiManno, Corrie; Poole, Peter; Olver, Chip Cc: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Thursday, June 24, 2021 12:00:04 PM
Dear Council Members,
Many Albertans are looking forward to the relaxing of provincial restrictions and the start of a return to normalcy. On June 28th, I ask the Town of Banff to rescind Bylaw 436, The Temporary Mask Bylaw, and allow municipal policy to be informed by, and follow, the guidance of Alberta's Chief Medical Officer of Health. Please align our Town with the provincial timelines that lift the province-wide masking mandate, a data driven decision made by our designated medical experts.
Sincerely, -- Hayley Turner | Group Sales Manager Banff Hospitality Collective | (403) 762-2578 www.banffcollective.com
This message contains confidential information and is intended only for the individual named.
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.21
June 18, 2021
Dear Mayor and Council,
We are very excited to be welcoming back our employees and guests with the relaxation of provincial restrictions. On June 28 we ask the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and allow municipal policy to be informed by, and follow, the guidance of Alberta’s Chief Medical Officer of Health.
Sincerely,
Michael Mendelman | CEO | Banff Hospitality Collective
128 EAGLE CRES (COMPOUND), PO BOX 1418, BANFF, ALBERTA, T1L 1B3 CANADA
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.22
From: Eltom, Shawn To: {Municipal Clerk - Website Mailbox} Cc: Eltom, Shawn; Subject: REQUEST - Banff Town Council to align with province’s health guidance. Date: Wednesday, June 23, 2021 9:39:40 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Banff IGA believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff IGA has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, We are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province- wide masking mandate.
Thank you for your consideration,
Thank you,
Shawn
Shawn Eltom
Owner/Operator, Banff IGA
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.23
June 24, 2021
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Block Kitchen + Bar and Shoku Izakaya believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Block Kitchen + Bar and Shoku Izakaya have undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include Plexiglass partitions, proper distancing of tables, daily staff temperature checks, contact sanitization as per AHS recommendations and appropriate signage. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, we asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Stephane Prevost Chef / Managing Partner Block Kitchen + Bar Shoku Izakaya
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.24
From: Jack Eaton To: {Municipal Clerk - Website Mailbox} Subject: Mask mandate lift appeal Date: Thursday, June 24, 2021 1:56:11 PM Attachments: Letter to TOB.pdf
Hi, my name is Jack Eaton and I am the Bar Manager and also one of the operating partners at Melissa’s Restaurant & Bar.
I would like to reach town council with this letter hoping to lift the mask mandate on July 1st along with the provincial governments 'Open for Summer Plan'.
Please take the time to carefully read and take on board what I have written in the letter attached.
If you have any questions or would like to personally reach out to me regarding this matter, please do not hesitate.
Jack Eaton Bar Manager 403 431 0167 Melissa’s Restaurant & Bar
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.24
MELISSA’S RESTAURANT AND BAR
403-762-5511 June 24, 2021 melissasmissteak..com Jack Eaton - Bar Manager/Operating Partner
201 Banff Avenue To whom it may concern, 2nd foor Banff I am writing in regards to the current mask mandate held by the municipality of Alberta Banff. I would like the mask mandate lifted in accordance to Provincial law ending T1L1A9 on July 1st.
As part owner of a restaurant in town that has suffered massive set backs throughout the course of this pandemic, I would like to raise awareness to the importance of getting all the businesses back to normal as quickly as possible. We have a bar with a current capacity of 563. Our capacity was reduced to 197 in February 2021, then after a closure we opened up to a patio capacity of 26 seats. With high associated costs with an establishment as large as ours, it is very diffcult to keep going with the constant moving target that covid has put on us. We have complied and jumped through all the hoops that have come our way and we fnally can see a light at the end of the tunnel.
As the provinces top doctors advise our Premier with opening plans, we have to respect their knowledge and move forward along with them. Holding a mask mandate any longer than July 1st will be extremely hard to control when we have bands and bar service until 2am. With the town vaccination rate higher than any other Municipality in the province, we have done our best to be protected and welcome tourists from all over the country. I would assume there will be no aid in enforcement to these blanket directives and we have already had multiple physical confrontations with guests unwilling to wear masks, I just don’t know how we are going to manage this when the province opens and the town does not follow suit.
As a long term local and one of Banff’s biggest advocates, we are hoping you hear our plea so we can all start getting back to normality and make this Pandemic a distant memory.
Yours sincerely Jack Eaton 403 431 0167
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.25
From: Bre Mirynech To: {Municipal Clerk - Website Mailbox} Subject: Mask Bylaw Date: Thursday, June 24, 2021 2:22:15 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COV D-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line teams (myself included) that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff Hospitality Collective has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors and their teams. These include fit for work forms, COVID-19 rapid testing, cleaning protocols, and more. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, I am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration
--
Bre Mirynech | People and Culture Coordinator
www.banffcollective.com
https://www.banffcollective.com/
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.26
From: Geoff Hunt To: {Municipal Clerk - Website Mailbox} Subject: Mask Bylaw Date: Thursday, June 24, 2021 4:00:59 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, we at Magpie and Stump believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. The Magpie and Stump has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include daily staff wellness screening, bi-weekly covid rapid testing, sanitizer stations throughout the building, to name a few. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, the Magpie managers and staff are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Geoff Hunt Managing Partner Magpie and Stump
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.27
From: Julie Kapuscinski To: {Municipal Clerk - Website Mailbox} Subject: Mask Bylaw Date: Thursday, June 24, 2021 2:52:18 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front- line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff Hospitality Collective has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, I am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Julie Kapuscinski
--
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.28
From: Stephanie Wilson To: {Municipal Clerk - Website Mailbox} Subject: June 28th - Mask bylaw - Citizen letter Date: Thursday, June 24, 2021 2:52:56 PM
Dear Banff Council,
While we have all been impacted by covid in different challenging ways it is imperative that our destination begins to recover tourism, the life line of our beautiful community and buisnesses. I believe it is in the best interest of our guests and community members to end the mask bylaw and align with the provincial guidelines which were informed by the top designated health experts and leaders.
Keeping the mask by-law in place puts undue stress on our hard working employment force. I have seen first hand the negative impacts having to enforce so many rules has had on employees this year, it is unfair to continue to ask them to uphold rules that contradict the provincial guidelines and will surely be complied with less and less as we re-open for summer.
We all want to move forward from covid in a safe way and I think every business has done their part to support that. Alongside an incredibly high vaccination rate, we are ready to re-open safely without a mask by-law.
Thanks for your time, dedication, and consideration.
All the best, Stephanie Wilson Senior Sales Manager | Banff Hospitality Collective E: [email protected] |
This message contains confidential information and is intended only for the individual named.
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.29
From: Rachel Chisholm To: {Municipal Clerk - Website Mailbox} Subject: Re: Bylaw 436 Date: Thursday, June 24, 2021 3:12:12 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, The Bison Restaurant and Bear Street Tavern believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. The Bison Restaurant and Bear Street have undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include; 6 foot distancing between all tables and service stations, increased sanitation measures and frequency of sanitation, regulating the amount of people allowed in the restaurant at once to reduce transmission, filling out daily fit for work surveys to ensure all staff are healthy and able to work, compiling guest information for contact tracing, scheduling staff in different teams so that no teams cross over- minimizing transmission between staff and abiding by AHS guidelines for isolation periods and exposure protocol. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
In addition to the confusion and frustration this might cause for guests and staff alike, I can't help but think about the environmental impact. Banff national park strives to be an environmentally friendly destination, with preservation of the park being one of the town's top priorities. Over the past year, the increase of waste from masks alone has been monumental. While there are alternative options for disposable masks, most front line workers in town (primarily hospitality), have been encouraged to wear disposable masks for health and safety purposes suggested by AHS. I, for one of many, am tired of seeing masks; disposable or not, littered all over the streets and trails of our beloved mountain town. We will have a long way to go to restore the balance of minimizing waste in the Bow Valley, but I feel as though this is a
Page 1 of 3 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.29 necessary step in the right direction.
On June 28, we asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration, Rachel Chisholm General Manager The Bison Restaurant & Bear Street Tavern 213, 211 Bear Street Po Box 3959 Banff, AB T1L 1E4
On Thu, Jun 24, 2021 at 2:38 PM Rachel Chisholm
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, The Bison Restaurant and Bear Street Tavern believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re- opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. The Bison Restaurant and Bear Street have undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include; 6 foot distancing between all tables and service stations, increased sanitation measures and frequency of sanitation, regulating the amount of people allowed in the restaurant at once to reduce transmission, filling out daily fit for work surveys to ensure all staff are healthy and able to work, compiling guest information for contact tracing, scheduling staff in different teams so that no teams cross over- minimizing transmission between staff and abiding by AHS guidelines for isolation periods and exposure protocol. We continue to go above and beyond to ensure a safe work
Page 2 of 3 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.29 environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, we asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration, Rachel Chisholm General Manager The Bison Restaurant & Bear Street Tavern 213, 211 Bear Street Po Box 3959 Banff, AB T1L 1E4
Page 3 of 3 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.30
From: Moose GM - Peter DuBeau To: {Municipal Clerk - Website Mailbox} Subject: Letter to council Date: Thursday, June 24, 2021 3:19:03 PM
Correspondence for use as needed in letter to council:
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, My colleagues and I at the Moose Hotel & Suites believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. We at the Moose have undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include adapting to all steps, phases and stages as they come with safety in mind. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, we are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Peter DuBeau General Manager | Employee Owner Moose Hotel & Suites | Pacini Restaurant
BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.31
From: Jessica Munn To: {Municipal Clerk - Website Mailbox} Subject: Province"s health guidance Date: Thursday, June 24, 2021 3:32:58 PM
Hello,
On June 28, I am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate. “
Thank you for your consideration.
Kindly,
Jessica Munn Controller | Employee Owner
BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.32
From: Casey Smith To: {Municipal Clerk - Website Mailbox} Subject: Mask bylaw Date: Thursday, June 24, 2021 3:55:46 PM
To Banff Town Council, Please consider rescinding your mask bylaw on the same date as the Alberta Provincial guidelines are relaxed. As you all know we are in the “tourism business”. Every roadblock you put in place for our tourists, leads not just to their frustration, but damage to the mental health of each of our workers who must try to police an outdated bylaw. Up until now, we have all been in this together, the front-line workers have done their best to uphold all of TOB’s bylaws. I would find it impossible to uphold a continuation of a mask bylaw, when the rest of the province no longer has such restrictions. A continuance of a mask bylaw will only make an already abused hospitality worker have to try to explain the unexplainable. Sincerely, Cathy Smith
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.33
From: Katie Tuff To: {Municipal Clerk - Website Mailbox} Subject: Town of Banff Mandatory Mask Bylaw Date: Thursday, June 24, 2021 4:13:10 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front- line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff Hospitality Collective has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include voluntarily closing our businesses and opening a COVID-19 rapid testing center. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, I am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Katie Tuff
Katie Tuff | Lotsa stuff Chief of Operations & Development Banff Hospitality Collective www.banffcollective.com
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.33
Page 2 of 2
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.34
From: IMI & RCI General Manager - Arjun Gersappe To: {Municipal Clerk - Website Mailbox} Subject: bylaw 436 Date: Thursday, June 24, 2021 4:19:44 PM
On June 28th I am asking the Town of Banff to rescind the Bylaw 436, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
I not only think this is crucial but avoids any confusion and backlash front line staff encounter while working. This has been a stressful 18 months for everyone and we being so close to the end of this lets please make smart decisions.
Thank you.
Arjun Gersappe General Manager | Employee Owner Irwins Mountain Inn & Red Carpet Inn
BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.35
From: Jennifer Ruszczak To: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Thursday, June 24, 2021 4:43:04 PM
Dear Banff Council,
I appreciate you taking the time to read this letter. Thank you for continuing to navigate the town and it's visitors through these unprecedented times. While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
I believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff Hospitality Collective and all its venues have undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors.Including providing rapid testing to all employees and other local businesses in town. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, I'm asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Jennifer Ruszczak
Jennifer Ruszczak | Collective Chef | Banff Collective | banffcollective.com
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.35
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.36
From: Cam Baty To: {Municipal Clerk - Website Mailbox} Subject: Mask bylaw Date: Thursday, June 24, 2021 4:51:58 PM
Dear Mayor and Council,
Let’s celebrate the Alberta Government lifting all restrictions on July 1st by following suit. The province is the most educated health authority within the region, and we should follow their guidance. Banff has discouraged tourists during covid and it’s time to welcome them back without conditions.
Please follow the provinces advice and eliminate masks July 1st.
Thank you,
Cam
Cam Baty
Co-Owner Rocky Mountain Soap Company
Rocky Mountain Soap Co. | rockymountainsoap.com SIMPLE, NATURAL INGREDIENTS.
NOTE: I batch process my emails weekly so it may take several days to get back to you. If it¹s urgent, please call my cell or put URGENT in the subject header. Thank you for your patience.
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.37
From: Chris Thorburn To: Sorensen, Karen; Canning, Grant; Christensen, Ted; Standish, Brian; DiManno, Corrie; Poole, Peter; Olver, Chip Cc: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Thursday, June 24, 2021 5:11:06 PM
Mayor and Council,
As we look ahead to Stage 3 it is clear that there are mixed emotions and anxiety as public health restrictions are removed. I am writing with an employer perspective as you debate next steps with respect to Bylaw 436 and ask that Banff align its COVID response with provincial health policy.
For the past 16 months, Banff Caribou Properties has been operating safely and fully aligned with all public health measures. Many of these measures have had severe economic impacts on the health of the tourism industry, the local business community and hospitality workers of Banff. Misalignment with provincial health policy leaves our front line workers in a precarious position. Asking businesses to educate, support and require visitors to wear masks beyond June 30th while suggesting they are not required to enforce the requirement puts front line employees in an unfair and impossible situation. Confusion and frustration leads to unnecessary conflict at a time when our efforts should be allowing for individuals to make their own personal choice as they assess the risks. In fact, many visitors will exert their personal choice in the coming months and continue to wear masks beyond legislated requirements – a walk down main street Canmore or Downtown Vancouver will provide ample evidence of this.
Albertans were asked to ‘buckle down’ one last time to save our health care system and vaccinate to allow us to ‘return to normal’. Cases and hospitalizations have been dropping quickly for well over a month and with Banff’s cases now at zero and a local vaccination rate as high as 90% (with second doses quickly following), it’s time to follow the advice of Dr. Hinshaw and take the lessons we’ve learned by applying them to future risks as they may present themselves. Dr. Hinshaw stated this week: "As cases drop and vaccinations rise, we all must get ready to face a new kind of challenge, learning to live with COVID as restrictions ease and life starts to feel closer to the one we knew before COVID-19 arrived."
I strongly support that Banff rescind Bylaw 436 and aligns its COVID policies with the province.
Chris Thorburn VP Operations | Employee Owner | Banff Resident BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.38
From: Lexi Robinson To: {Municipal Clerk - Website Mailbox} Date: Thursday, June 24, 2021 5:12:53 PM Attachments: Bears no pad.png
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Three Bears Brewery and Restaurant believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Three Bears Brewery and Restaurant has undertaken many initiatives over the 8 months beyond masking that have ensured the health and safety of visitors. These include; 6 foot distancing between all tables and service stations, increased sanitation measures and frequency of sanitation, regulating the amount of people allowed in the restaurant at once to reduce transmission, filling out daily fit for work surveys to ensure all staff are healthy and able to work, compiling guest information for contact tracing, scheduling staff in different teams so that no teams cross over- minimizing transmission between staff and abiding by AHS guidelines for isolation periods and exposure protocol. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
In addition to the confusion and frustration this might cause for guests and staff alike, I can't help but think about the environmental impact. Banff national park strives to be an environmentally friendly destination, with preservation of the park being one of the town's top priorities. Over the past year, the increase of waste from masks alone has been monumental. While there are alternative options for disposable masks, most front line workers in town (primarily hospitality), have been encouraged to wear disposable masks for health and safety purposes suggested by AHS. I, for one of many, am tired of seeing masks; disposable or not, littered all over the streets and trails of our beloved mountain town. We will have a long way to go to restore the
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.38 balance of minimizing waste in the Bow Valley, but I feel as though this is a necessary step in the right direction.
On June 28, we asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
-- LEXI ROBINSON GENERAL MANAGER Three Bears Brewery & Restaurant (403) 985-8038 threebearsbanff.com Banff Hospitality Collective
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.39
From: Jeff OLeary To: {Municipal Clerk - Website Mailbox} Subject: Concerns regarding TOB mask bylaw Date: Thursday, June 24, 2021 5:17:34 PM Importance: High
Dear Banff Council,
I had an anecdotal experience this week with a friend who was looking for help to book a room and he decided to visit Canmore instead of Banff as a result of our mask bylaw including outdoor spaces. I’m confident this scenario is being repeated many times over. I also have real concerns for the ambassadors trying to enforce the bylaw that to my knowledge only exists in Banff within Alberta, maybe Canada, in the sense that it includes outdoor spaces. I believe it will be negatively received and lead to unpleasant interactions.
The Banff Lodging Company will continue to do the best we can to find the balance between comfort and safety as it is an expectation from our guests. We as a destination have sacrificed our economy for safety the past 15 months and even though I felt it was at times excessive, I do understand it was with the best of intentions.
Now I believe it’s time to shift to supporting tourism, being open and welcoming, and not discouraging people to visit with what I believe are excessive bylaws.
I would like to ask the Town of Banff to rescind Bylaw 436 and ensure our approach coincides with the Province of Alberta, especially considering the great job the community has done protecting residents with vaccines.
Thanks for your time,
Jeff OLeary Sales Manager | Employee Owner P:403-760-7580 BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.40
From: Callum Mulhern To: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Thursday, June 24, 2021 9:32:57 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I belive it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta's Chief Medical Officer of Health.
After listening to the last council meeting regarding Bylaw 436, it is to my understanding that certain council members are worried for the health and safety of Frontline workers, including hospitality staff, with regards to interacting with the public. If Bylaw 436 is revoked Frontline workers can still voluntarily wear masks if they choose to do so. Hospitality workers, specifically servers and bartenders, have served thousands of seated maskless patrons over the last 15 months. Now that vaccine rates have exceeded 70% and are readily available in Town, it should be up to ones personal discretion if they want to wear a mask, not mandated by Town Council.
I have been employed in Town as a server and bartender for the whole pandemic and would like to see tourism safely return to Banff. Being vaccinated is more protective than wearing a mask, so I see no issue in removing the mask bylaw and aligning ourselves with the province.
On June 28, I ask the Town of Banff to rescind Bylaw 436, the Temporary Mask Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Callum Mulhern
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.41
From: Clare McCann To: {Municipal Clerk - Website Mailbox} Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw Date: Thursday, June 24, 2021 10:36:36 PM
June 24, 2021
Banff Town Council
Banff has possibly the highest vaccination rate in the province and currently has zero active cases of COVID-19. The advantageous position we now enjoy puts Banff in an excellent place to confidently welcome visitors after a tumultuous year-and-a-half.
During the COVID-19 pandemic, Banff's business community has consistently followed the guidance provided by Alberta's Chief Medical Officer of Health. Clare McCann believes that municipal policy decisions should also be informed by provincial guidelines and direction from designated health experts. Deviating from expert advice by extending the temporary bylaw will not only make it challenging for front-line staff to manage visitor expectations, but could also cause confusion, frustration, and distrust among visitors.
Banff's success in vaccinating its citizens should be celebrated and seen as an example for communities struggling to convince their citizens to be vaccinated. Continuing to mandate masks in outdoor spaces would dilute the positive impact that Banff could have as it would fail to convey the normalcy that can be achieved through high vaccination rates.
Banff knows how to make guests feel safe and welcome, and the community has gone over and above to ensure the safety of staff, citizens and visitors. Please show your support for the community that has endeavoured to follow provincial guidelines and expert health advice.
Clare McCann asks that on June 28, the Town of Banff rescind Bylaw 436, the Temporary Masks Bylaw effective July 1, 2021.
Kindest regards,
Clare McCann
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.42
From: Briar Armitage To: {Municipal Clerk - Website Mailbox} Subject: Town of Banff Mandatory Mask Bylaw Date: Thursday, June 24, 2021 11:16:07 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, The Eddie Burger + Bar believes it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. The Eddie Burger + Bar has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include; 6 foot distancing between all tables and service stations, increased sanitation measures and frequency of sanitation, regulating the amount of people allowed in the restaurant at once to reduce transmission, filling out daily fit for work surveys to ensure all staff are healthy and able to work, compiling guest information for contact tracing, scheduling staff in different teams so that no teams cross over- minimizing transmission between staff and abiding by AHS guidelines for isolation periods and exposure protocol. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
In addition to the confusion and frustration this might cause for guests and staff alike, I can't help but think about the environmental impact. Banff national park strives to be an environmentally friendly destination, with preservation of the park being one of the town's top priorities. Over the past year, the increase of waste from masks alone has been monumental. While there are alternative options for disposable masks, most front line workers in town (primarily hospitality), have been encouraged to wear disposable masks for health and safety purposes suggested by AHS. I, for one of many, am tired of seeing masks; disposable or not, littered all over the streets and trails of our beloved mountain town. We will have a long way to go to restore the balance of minimizing waste in the Bow Valley, but I feel as though this is a
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.42 necessary step in the right direction.
On June 28, we are asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration, Briar Armitage | General Manager The Eddie Burger Bar #6 137 Banff Avenue 403-762-2230 www.eddieburgerbar.ca
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Jon Cooper Item #: 6.1.43 Operating Partner, Melissas MisSteak
Town of Banff Council Members,
Hello,
This letter is regarding the town council’s upcoming debate over whether or not to follow the Alberta government’s regulations to remove the mask bylaw. My name is Jon Cooper, and I am one of the operating partners at Melissas MisSteak here in Banff, and also a longtime local.
There are many sides to this argument. As a business, we have been severely limited in our capacity to operate, as has everyone else in town. It has been a tough 16 months for the town and it is good news that we are finally at the end of this.
I would however like to address the human issue that will arise if we go against Alberta’s top doctors’ recommendations. It is no secret that, as a business in Banff, we cannot select our customer base, and not every patron we welcome into our business will share our mindset on the requirement of wearing masks or even “if Covid exists.” Since we have opened, there have been continuous daily and weekly negative interactions with guests in relation to mask enforcement. This has been difficult for us to enforce, even when it was widely understood that masks were the law and necessary. If you take away the provincial backing, this job becomes entirely more difficult. If we felt that there was more assistance in the enforcement by the Town of Banff bylaw, it would make it easier, but more often than not, it is my servers, managers, doormen, or myself dealing with this confrontation, and on occasion, this has turned physical. This occurred when people understood it was a provincial law; if the provincial regulations are taken away, then we are faced with an unsolvable solution.
I understand that Calgary and Edmonton health regions have chosen to extend the mask bylaw due to a lower than ideal vaccination rate, however, that is not the case in Banff, as we are one of the highest vaccinated municipalities in Alberta, and our residents are protected.
I hope that next week, when you debate this issue, you will consider the economic impact of this decision, and how it will impact the many local businesses that have been waiting over a year for this opening. All of us have fully complied to every regulation set by the Government thus far. We must consider the human aspect and the issues we will be faced with; think of all the hospitality employees, whose job should only be providing great customer service, and not fighting with patrons as to why we still have a mask bylaw (against AB regulations). It would be a different story if we, as hospitality workers, were not required to enforce these regulations with no support. However, based on my previous experience, I can fairly expect that we will be on our own for this fight on the busiest weekend of the year.
Thank you for taking the time to read and consider my input on this situation, if you have any questions feel free to reach me at
Sincerely,
Jon Cooper
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.44
From: John Etzkorn To: {Municipal Clerk - Website Mailbox} Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw Date: Friday, June 25, 2021 6:57:17 AM
June 24, 2021
Banff Town Council [email protected]
Banff has possibly the highest vaccination rate in the province and currently has zero active cases of COVID-19. The advantageous position we now enjoy puts Banff in an excellent place to confidently welcome visitors after a tumultuous year-and-a-half.
During the COVID-19 pandemic, Banff's business community has consistently followed the guidance provided by Alberta's Chief Medical Officer of Health. John Etzkorn believes that municipal policy decisions should also be informed by provincial guidelines and direction from designated health experts. Deviating from expert advice by extending the temporary bylaw will not only make it challenging for front-line staff to manage visitor expectations, but could also cause confusion, frustration, and distrust among visitors.
Banff's success in vaccinating its citizens should be celebrated and seen as an example for communities struggling to convince their citizens to be vaccinated. Continuing to mandate masks in outdoor spaces would dilute the positive impact that Banff could have as it would fail to convey the normalcy that can be achieved through high vaccination rates.
Banff knows how to make guests feel safe and welcome, and the community has gone over and above to ensure the safety of staff, citizens and visitors. Please show your support for the community that has endeavoured to follow provincial guidelines and expert health advice.
John Etzkorn asks that on June 28, the Town of Banff rescind Bylaw 436, the Temporary Masks Bylaw effective July 1, 2021.
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.45
From: Megan Roberts To: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Friday, June 25, 2021 8:01:06 AM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, I believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived.
On June 28, I am asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Megan Roberts
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.46
From: Pete Woods To: {Municipal Clerk - Website Mailbox} Subject: town council letter - re: Mask Bylaw Date: Friday, June 25, 2021 8:18:24 AM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, SkiBig3 believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. SkiBig3 has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include full refunds for guest cancellations, no charge for guest changes, daily check-in and temp checks with each employee, intensive cleaning regiment in the retail, rental and office, over and above the PPE requirements, testing employees. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, we are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Pete Woods
PETE WOODS President, SkiBig3 SkiBig3: Banff Sunshine, Lake Louise, Mt Norquay T: 403 760 7733
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.46
Page 2 of 2
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.47
From: Bunny Julius To: {Municipal Clerk - Website Mailbox} Subject: June 28 council meeting Date: Friday, June 25, 2021 8:29:48 AM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, (Melissa’s) believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. (Malissa’s) has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include (we have installed the only electronic sanitizing temperature taking and information collecting machine in the bow valley all the necessary PPE that is required put out emails to staff encouraging them to get there jab and complied with every condition set by AHS and the town of Banff). We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, (I Bunny Julius am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you,
Bunny Julius General Manager, Melissa’s
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.48
From: Bunny Julius To: {Municipal Clerk - Website Mailbox} Subject: June 28 meeting Date: Friday, June 25, 2021 8:34:47 AM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, (Patrinos Banff) believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. (Patrinos Banff) has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include (following all AHS and town of Banff recommendations installing and maintaining extensive PPE ). We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, (I Bunny Julius) am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration, (Bunny Julius)
Thank you,
Bunny Julius General Manager, Melissa’s
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.49
From: Hendrikse, Mark To: {Municipal Clerk - Website Mailbox} Subject: Town of Banff’s Mask Bylaw Date: Friday, June 25, 2021 9:26:58 AM
Dear Banff Council,
As VP Marketing of Pursuit and the Chair of the board for BLLT, I’m concerned that Banff’s misalignment with provincial health guidelines will continue to create visitor confusion and negatively impact our destination’s reputation. If not addressed, this will continue to put our destination and our primary industry at significant risk at a very perilous time. At the peak of infections, these extra measures made sense, but with current case counts and new infection rates as low as they are, we need to align back to the provincial standard and trust that all the precautions our member businesses have put in place will be enough to ensure all our visitors and community members have a safe and enjoyable summer.
I urge you to act quickly as the summer will be over in no time. We need all forces working for us to ensure the long-term sustainability of our community.
Thank you,
Mark
MARK HENDRIKSE Vice President, Marketing [email protected]
M 403.431.0860
______
PURSUITCOLLECTION.COM
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Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.50
From: Darren VanMackelbergh To: {Municipal Clerk - Website Mailbox} Cc: Frank Denouden Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw Date: Friday, June 25, 2021 9:37:07 AM
June 24, 2021
Banff Town Council [email protected]
Banff has possibly the highest vaccination rate in the province and currently has zero active cases of COVID-19. The advantageous position we now enjoy puts Banff in an excellent place to confidently welcome visitors after a tumultuous year-and-a-half.
During the COVID-19 pandemic, Banff's business community has consistently followed the guidance provided by Alberta's Chief Medical Officer of Health. Darren VanMackelbergh, on behalf of the Banff Park Lodge and our collection of hotels, believes that municipal policy decisions should also be informed by provincial guidelines and direction from designated health experts. Deviating from expert advice by extending the temporary bylaw will not only make it challenging for front- line staff to manage visitor expectations, but could also cause confusion, frustration, and distrust among visitors.
Banff's success in vaccinating its citizens should be celebrated and seen as an example for communities struggling to convince their citizens to be vaccinated. Continuing to mandate masks in outdoor spaces would dilute the positive impact that Banff could have as it would fail to convey the normalcy that can be achieved through high vaccination rates.
Banff knows how to make guests feel safe and welcome, and the community has gone over and above to ensure the safety of staff, citizens and visitors. Please show your support for the community that has endeavoured to follow provincial guidelines and expert health advice.
Darren VanMackelbergh asks that on June 28, the Town of Banff rescind Bylaw 436, the Temporary Masks Bylaw effective July 1, 2021.
Kindest regards,
DARREN VANMACKELBERGH Banff Park Lodge | Bow View Lodge | Peaks Hotel & Suites General Manager e. [email protected] p. 403.760.6132 | m. 403.763.8086
222 LYNX STREET, BANFF AB banffparklodge.com
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.51
Page 1 of 1
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.52
From: IMI & RCI Assistant GM - Matthew Steinberg To: {Municipal Clerk - Website Mailbox} Subject: Rescind Mask Bylaw Date: Friday, June 25, 2021 9:59:59 AM
Good Morning On June 28, Matthew Steinberg is asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration.
Matthew Steinberg Assistant General Manager Irwins Mountain Inn & Red Carpet Inn P:403-762-4184 BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.53
June 25, 2021
Banff Town Council [email protected]
Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw
Banff has possibly the highest vaccination rate in the province and currently has zero active cases of COVID-19. The advantageous position we now enjoy puts Banff in an excellent place to confidently welcome visitors after a tumultuous year-and-a-half.
During the COVID-19 pandemic, Banff's business community has consistently followed the guidance provided by Alberta's Chief Medical Officer of Health. The Rimrock Resort Hotel as a business, believes that municipal policy decisions should also be informed by provincial guidelines and direction from designated health experts. Deviating from expert advice by extending the temporary bylaw will not only make it challenging for front-line staff to manage visitor expectations, but could also cause confusion, frustration, and distrust among visitors.
Banff's success in vaccinating its citizens should be celebrated and seen as an example for communities struggling to convince their citizens to be vaccinated. Continuing to mandate masks in outdoor spaces would dilute the positive impact that Banff could have as it would fail to convey the normalcy that can be achieved through high vaccination rates.
Banff knows how to make guests feel safe and welcome, and the community has gone over and above to ensure the safety of staff, citizens and visitors. Please show your support for the community that has endeavoured to follow provincial guidelines and expert health advice.
The Rimrock Resort Hotel asks that on June 28, the Town of Banff rescind Bylaw 436, the Temporary Masks Bylaw effective July 1, 2021.
On Behalf of The Rimrock Resort Hotel,
Trevor Long Hotel General Manager, Rimrock Resort Hotel
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.54
From: Mary Clynch To: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Friday, June 25, 2021 10:25:47 AM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, The Balkan believes it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. The Balkan has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include; 6 foot distancing between all tables and service stations, increased sanitation measures and frequency of sanitation, regulating the amount of people allowed in the restaurant at once to reduce transmission, filling out daily fit for work surveys to ensure all staff are healthy and able to work, compiling guest information for contact tracing, scheduling staff in different teams so that no teams cross over- minimizing transmission between staff and abiding by AHS guidelines for isolation periods and exposure protocol. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
In addition to the confusion and frustration this might cause for guests and staff alike, I can't help but think about the environmental impact. Banff national park strives to be an environmentally friendly destination, with preservation of the park being one of the town's top priorities. Over the past year, the increase of waste from masks alone has been monumental. While there are alternative options for disposable masks, most front line workers in town (primarily hospitality), have been encouraged to wear disposable masks for health and safety purposes suggested by AHS. I, for one of many, am tired of seeing masks; disposable or not, littered all over the streets and trails of our beloved mountain town. We will have a long way to go to restore the balance of minimizing waste in the Bow Valley, but I feel as though this is a
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.54 necessary step in the right direction.
On June 28, we asking the Town of Banff to rescind Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration -- Mary Clynch General Manager | Balkan Restaurant
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.55
From: Joe To: {Municipal Clerk - Website Mailbox} Subject: Mask Bylaw Date: Friday, June 25, 2021 10:38:05 AM
Banff Council,
I would like to express my strong opinion that council should follow AHS guidelines and rescind the mask bylaw at the upcoming meeting. Retaining the bylaw would put every business owner and their staff in the untenable position of having to enforce confusing and contradictory regulations. Subjecting staff and residents to the stress of constantly dealing with visitor conflict is patently unfair. Members of council are not experts and should not presume to be more knowledgeable than the Chief Medical Officer.
Thank you for your consideration, Joe Cowan
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.56
From: BPI GM - David Pearson To: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Friday, June 25, 2021 10:51:51 AM
On June 28, I am requesting the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province- wide masking mandate.
I believe this is important in the reintroduction of Banff as a popular tourist destination but also as a long-term resident that believes the time is now based on all known factors.
Kind regards,
David Pearson General Manager | Employee Owner Banff Ptarmigan Inn P:403-760-7558 BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.57
From: Andre Quenneville To: {Municipal Clerk - Website Mailbox} Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw Date: Friday, June 25, 2021 10:50:22 AM
June 25, 2021
Banff Town Council [email protected]
Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw
Banff has possibly the highest vaccination rate in the province and currently has zero active cases of COVID-19. The advantageous position we now enjoy puts Banff in an excellent place to confidently welcome visitors after a tumultuous year-and-a-half.
During the COVID-19 pandemic, Banff's business community has consistently followed the guidance provided by Alberta's Chief Medical Officer of Health Andre Quenneville believes that municipal policy decisions should also be informed by provincial guidelines and direction from designated health experts. Deviating from expert advice by extending the temporary bylaw will not only make it challenging for front-line staff to manage visitor expectations, but could also cause confusion, frustration, and distrust among visitors.
Banff's success in vaccinating its citizens should be celebrated and seen as an example for communities struggling to convince their citizens to be vaccinated. Continuing to mandate masks in outdoor spaces would dilute the positive impact that Banff could have as it would fail to convey the normalcy that can be achieved through high vaccination rates.
Banff knows how to make guests feel safe and welcome, and the community has gone over and above to ensure the safety of staff, citizens and visitors. Please show your support for the community that has endeavoured to follow provincial guidelines and expert health advice.
Andre Quenneville asks that on June 28, the Town of Banff rescind Bylaw 436, the Temporary Masks Bylaw effective July 1, 2021.
Kindest regards, Andre Quenneville
Banff, AB
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.58
From: RSL GM - Michael Hall To: {Municipal Clerk - Website Mailbox} Subject: Town of Banff Mask Bylaw Date: Friday, June 25, 2021 11:08:28 AM
Hello,
I am writing to express my hope that the Town of Banff will decide to rescind Bylaw 436, The Temporary Masks Bylaw, at the upcoming town council meeting.
The safety of our staff and guests remains paramount, and we will continue with many of the extra safety protocols our staff have worked so hard to establish and uphold over the past year. In order to help support these ongoing measures whilst also helping to reignite the local economy, however, I strongly believe that some of these safety protocols must continue to evolve in line with the rapidly changing regional landscape surrounding Covid, with its huge decline in infection rates and hospitalisations (thanks in large part to the successful vaccination campaigns).
From our perspective it is essential that the messaging of the town remains consistent with the provincial guidelines. If the town’s policies are out of step with the province’s health guidelines it is going to create confusion and frustration amongst our visitors and provoke widespread non- compliance. This risks undermining the rest of our safety messaging and the progress that has been made. The town must have a common-sense approach, and a continuation of the mask mandate when it has been lifted provincially will simply prove unenforceable, adding to the conflict and stress the local workforce has already suffered in the past year. I also fear such a continuation risks adding extra voice and support to the conspiracy-peddling, anti-lockdown and anti-vaccine minority who have already hindered our progress in the fight against Covid thus far.
Regards,
Michael Hall General Manager The Rundlestone Lodge P:403 762 4125 ext. 5003 BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.59
From: glen To: {Municipal Clerk - Website Mailbox} Subject: Mask Bylaw 436 Date: Friday, June 25, 2021 11:15:09 AM
I am a long time resident of Banff, a home owner in a Banff, a father in Banff, and manage a business in Banff.
I am asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration.
Glen Dressler
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.60
From: Cathy Geisler To: {Municipal Clerk - Website Mailbox} Cc: Sorensen, Karen; Canning, Grant; Christensen, Ted; Standish, Brian; DiManno, Corrie; Poole, Peter; Olver, Chip Subject: Bylaw 436 Date: Friday, June 25, 2021 11:59:09 AM
Mayor and Council,
As we prepare for Stage 3 I am writing in support of a Council decision on June 28 that will align Banff’s COVID response with provincial health policy.
With acknowledgment for the leading role that TOB has played in protecting our community and residents since the onset of the pandemic, it is critical now, that the TOB recognizes the far reaching impact that TOB bylaws and messages have on visitors and efforts towards tourism recovery.
As a business operator with a high volume call centre fielding calls, emails and inquiries for hotel stays and Banff experiences, we continue, even today to field questions from visitors about: 1. Is Banff open? 2. Do I still have to wear a mask?
The layered bylaws and ‘stay away’ messages from the TOB continue to leave visitors with confusion and uncertainty around visitation to Banff, and specifically, people are vocally making the decision not to travel to Banff based on the outdoor mask bylaw. This is a regular theme on our social media posts and in our phone conversations. This is a strong deterrent working against efforts to kickstart any sense of economic recovery for the short summer season we have upon us.
It is time to change the way we support our community through this next stage as we learn to live with COVID. Dr Hinshaw said it herself just this week: "As cases drop and vaccinations rise, we all must get ready to face a new kind of challenge, learning to live with COVID as restrictions ease and life starts to feel closer to the one we knew before COVID-19 arrived."
I strongly support that Banff rescind Bylaw 436 and aligns its policy with the province.
Thank you for your time and commitment.
Cathy Geisler VP Sales & Marketing | Employee Owner
P:1-800-563-8764 | 403 760 7584 BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company ny
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.61
From: Shawn Birch To: {Municipal Clerk - Website Mailbox} Subject: Bylaw 436 Date: Friday, June 25, 2021 12:14:42 PM
Banff Mayor and Council,
Banff as we know it is completely reliant on the tourism industry. Tourists are essential to support our businesses and our businesses in turn bear the lion’s share of municipal property taxes. Meanwhile the pandemic continues to put enormous strain on our entire commercial sector. The provincial re-opening plan and the lifting of nearly all health restrictions on July 1st is a moment we have all been waiting for. However, this re-opening announcement has yet to have any serious impact on our main “harvest season” of summer. At best we are forecasting only a marginally better summer than the historically worst summer of 2020. The opportunity to affect the summer season is fading and with the tapering and fast approaching end of government subsidies I believe the commercial sector remains in a very precarious situation. We need all the help we can get and as our municipal government you now need to be focused on economic recovery as vaccines have presented a new reality with substantially lower risk of virus spread and severe outcomes. It is in Banff’s best interest to support economic recovery by not undermining the provincial health authority through additional layers and confusing messages.
On June 28th I am asking the Town of Banff to rescind the entire Bylaw 436 (The Temporary Masks Bylaw), and ensure our local approach coincides with the provincial timelines that lift the province- wide masking mandate.
Shawn Birch President & CEO | Employee Owner P:403-760-7579 BanffLodgingCo.com
Banff Lodging Co. | A division of Banff Caribou Properties Ltd. An employee-owned company
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.62
From: Barbour, David To: {Municipal Clerk - Website Mailbox} Subject: Banff Gondola - Concerns Date: Friday, June 25, 2021 12:29:06 PM Attachments: image002.png
Good morning,
I was recently made aware of the Town of Banff’s decision to hold a meeting June 28th to decide whether to extend the mandatory mask policy and that the town was leaning towards extending the policy until the end of August however not actually enforce the policy and leave that to the businesses due to fears of staff being abused and putting them in harms way. While we acknowledge that we do not fall under bylaw jurisdiction we have supported all Town of Banff’s initiatives throughout the pandemic and our would like to continue to support the town in their guidance.
As a General Manager responsible for the safety as well as physical and mental well-being of over 200 colleagues and leaders I wanted to express my deep concern with this proposal. Throughout the pandemic, our teams have ensured that health and safety of our guests and colleagues have been paramount in our operation. We have enforced a mandatory mask policy, enforced social distancing as well as spent hours upon hours in cleaning and sanitizing to ensure that we do our part to stop the spread. We feel like we have been extremely successful in these initiatives.
If this bylaw with 0 enforcement does go through we are putting all of our teams in that same danger the town is worried about their ambassadors receiving. I feel is completely unfair to our hard working teams that have received their fair share of abuse already throughout the pandemic and many of which are not in the best place with their mental health already. I highly suggest that we do follow AHS and the province’s guidance or we are going to end up with completely unmotivated, unhappy and quite frankly abused colleagues and leaders throughout the town of Banff that deserve better.
We understand that Banff is a unique location and love being able to call it the place we work and play. Please consider the mental health of our staff when the decision is made and follow most other communities in following AHS guidance. Our team have been laid off, received abuse from anti- maskers, worked to reopen multiple times and are gearing up for a very busy Summer, asking them to do this when we are hopefully so close to the return to ‘normal’ is too much.
Thank you for listening to our concerns and have an excellent day.
Regards,
David Barbour General Manager Banff Gondola by Pursuit Collection [email protected]
T 403.762.2523 ext 6801 M: 403-762-7643
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.63
From: Carrie McKenna To: {Municipal Clerk - Website Mailbox} Subject: mask bylaw Date: Friday, June 25, 2021 2:08:48 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, we at Chuck's Steakhouse, believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front- line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Chuck's Steakhouse has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include multiple hand sanitizer stations, everyday staff covid screening questionnaires, twice weekly covid testing availability, enhanced cleaning and sanitizing, among other protocols. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, we are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Carrie McKenna General Manager Chuck's Steakhouse 101 Banff Ave. P.O.Box 1356 Banff AB 403-762-4825
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.64
From: Micayla Walker To: {Municipal Clerk - Website Mailbox} Subject: Mask Bylaw Date: Friday, June 25, 2021 3:00:38 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Park Distillery believes it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front- line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Park Distillery has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include 6 foot distancing between all tables and service stations, increased sanitation measures and frequency of sanitation, regulating the amount of people allowed in the restaurant at once to reduce transmission, filling out daily fit for work surveys to ensure all staff are healthy and able to work, compiling guest information for contact tracing, scheduling staff in different teams so that no teams cross over- minimizing transmission between staff and abiding by AHS guidelines for isolation periods and exposure protocol. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
In addition to the confusion and frustration this might cause for guests and staff alike, I can't help but think about the environmental impact. Banff national park strives to be an environmentally friendly destination, with preservation of the park being one of the town's top priorities. Over the past year, the increase of waste from masks alone has been monumental. While there are alternative options for disposable masks, most front line workers in town (primarily hospitality), have been encouraged to wear disposable masks for health and safety purposes suggested by AHS. I, for one of many, am tired of seeing masks; disposable or not, littered all over the streets and trails of our beloved mountain town. We will have a long way to go to restore the balance of minimizing waste in the Bow Valley, but I feel as though this is a necessary step in the right direction.
On June 28, we are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.64
Page 2 of 2
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.65
From: Jonathan Welsh To: {Municipal Clerk - Website Mailbox} Subject: Re: Please work with us to ask Banff Town Council to align with province’s health guidance. Date: Friday, June 25, 2021 3:20:30 PM Importance: High
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Discover Banff Tours Ltd believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Discover Banff Tours Ltd has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include spacing on our vehicles, increased cleaning protocols and plexiglass glass shields . We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, We are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Regards
Direct: 403-760-7696 | Toll Free: 1-877-565-9372 Ex 401 | Fax: 403-760-7651 | http://www.banfftours.com
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.66
From: Jonathan Welsh To: {Municipal Clerk - Website Mailbox} Cc: Julie Canning Subject: Re: Please work with us to ask Banff Town Council to align with province’s health guidance. Date: Friday, June 25, 2021 3:22:52 PM Importance: High
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Banff Trail Riders believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health. We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. Banff Trail Riders has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. These include development of online waivers, increased cleaning protocols new product development for private groups / cohorts and plexiglass glass shields . We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, We are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Regards
Jonathan Welsh Operating Partner & Cowboy in Training [email protected] D: 403-760-7696 F: 403-760-7651 C: 403-763-3089
Banff Trail Riders 132 Banff Avenue, Box 2280, Banff, Alberta T1L 1C1, Canada :: horseback.com :: 1-800-661-8352 Facebook Twitter #horsebackbanff
Page 1 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.66
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Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.67
From: Dale Sarna To: {Municipal Clerk - Website Mailbox} Subject: Banff Mask By-Law Date: Friday, June 25, 2021 3:26:02 PM
Dear Municipal Clerk, We would like to express our feelings on the Banff Mask By-Law and would like to support the idea that masks are not mandatory in the Town of Banff. We agree with many businesses that this is a decision that should be left to the customers to decide as running businesses and enforcing masks is tricky to do and doesn't necessarily makes sense. Best regards, Dale
-- Dale Sarna Owner Banff Beavertails #120 Banff Ave/201 Banff Ave Banff Ave T1W 1E7
This communication is intended for the use of the recipient to which it is addressed and may contain confidential, personal and/or privileged information. Please contact us immediately if you are not the intended recipient of this communication, and do not copy, distribute, or take action relying on it. Any communication received in error, or subsequent reply, should be deleted or destroyed.
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.68
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.69
From: Mark Calcafuoco To: {Municipal Clerk - Website Mai box} Subject: Masks In Banff Date: Saturday, June 26, 2021 1:13:37 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, Banff Hospitality Collective believes it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration This confusion not only erodes the experience of the visitor and our destination reputation as a welcoming place, but it puts additional stress on our front-line team that must encounter those not in compliance We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived BHC has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors These include conducting daily fit for work checks, rapid testing open to all staff, additional sanitizing stations throughout venues, physical distancing in venues etc We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park
Wearing of masks in the Bow Valley has proven to be extremely helpful and got us all through these tough times They have served their purpose They have also added a tremendous amount of garbage to landfill, litter in our streets, parks, trails, etc that will take ample time to fully recover from As a town that prides itself on being environment focused, it is time to let the masks go and put an end to the disruption it has caused to the National Park
We very much appreciate the efforts put forward by Parks and TOB staff throughout this whole pandemic, keeping us safe and holding others accountable to wear their masks and follow all protocols, I personally cannot thank you all enough, I can’t imagine the levels of stress you have all gone through, and are currently going through
On June 28, BHC is asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province- wide masking mandate
Thank you for your consideration,
Mark Calcafuoco | Optimum Guy & Other Chef Related Things
Banff Hospitality Collective Banff, AB
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.90
From: Jiri Duras To: {Municipal Clerk - Website Mailbox} Subject: Concern Date: Saturday, June 26, 2021 2:27:31 PM
Dear Banff Council,
While no two people may be at exactly the same place with respect to Alberta fully relaxing restrictions in Stage 3, High Rollers believe it is in the best interest of our community to have municipal policy decisions informed by provincial guidelines and the direction from designated health experts.
Ultimately, municipal policy around COVID-19 should be informed by and follow the guidance provided by Alberta’s Chief Medical Officer of Health.
We believe a mask bylaw that is different from the provincial direction will likely result in visitor confusion and frustration. This confusion not only erodes the experience of the visitor and our destination's reputation as a welcoming place, but it puts additional stress on our front- line team that must encounter those not in compliance. We have seen these issues already - it is one more hurdle our teams need to manage as we move through this challenging environment towards the re-opening of our tourism economy.
Our shared efforts to ensure a safe reopening can be supported with measures to help disperse visitors, helping those familiar with Banff National Park to be purposeful in planning their trip in advance, and asking people to conscientiously leave our destination in a better state than when they arrived. High Rollers has undertaken many initiatives over the past year beyond masking that have ensured the health and safety of visitors. We continue to go above and beyond to ensure a safe work environment while offering the kind of hospitality people expect in Banff National Park.
On June 28, we are asking the Town of Banff to rescind the Bylaw 436, The Temporary Masks Bylaw, and ensure our local approach coincides with the provincial timelines that lift the province-wide masking mandate.
Thank you for your consideration,
Hospitably yours,
Jiri Duras | General Manager High Rollers 110 Banff Ave, Banff AB (403) 762-BOWL (2695) www.highrollersbanff.com
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.71
From: Flo Grenier To: {Municipal Clerk - Website Mailbox} Subject: Covid 19 - Masking Date: Sunday, June 27, 2021 7:01:57 AM
Honorable Town Counsel Members,
I had the opportunity to visit Banff this past week and I wish to address my following observation and concern.
To begin, I believe the town residents have to be congratulated for overcoming the number of Covid 19 cases from being a hot spot in the province and having near zero cases during our visit. While visiting your town and respecting the rule of masking outdoors, it was very frustrating to see the number of people wondering the streets without wearing them. I for one cannot stand wearing a mask but out of respect I followed the rules of your town. There didn't seem to be any enforcement on this mandated request. If you want to advertise masking than there must be a consequence (fines) or don't bother requesting the public to do so. No doubt the pandemic had negative impact on your economy and as far as I see it you are leaving money on the table if you are not fining those that are not following your rules. My guestimate was that almost 30 % of the street wondered were not masking.
So my final thoughts is to enforce or remove the signage so that the rule followers are more comfortable when visiting.
Thank you for listening.
Sincerely,
Flo and Lisa Grenier Spruce Grove , Alberta
Page 1 of 1 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 6.1.72
Board of Directors June 23, 2021 Yannis Karlos Co-Chair Director, Banff Banff Town Council Hospitality Collective [email protected]
Stuart Back Co-Chair VP, Operations, Banff Jasper Collection Subject: Please rescind Bylaw 436-The Temporary Masks Bylaw by Pursuit
Tracy Lowe Banff has possibly the highest vaccination rate in the province and currently has zero active cases General Manager of COVID-19. The advantageous position we now enjoy puts Banff in an excellent place to Chateau Lake Louise confidently welcome visitors after a tumultuous year-and-a-half.
Alison Brewster During the COVID-19 pandemic, Banff's business community has consistently followed the Councilor, ID9 guidance provided by Alberta's Chief Medical Officer of Health. The Association of Mountain Crosbie Cotton Park Protection and Enjoyment (AMPPE) believes that municipal policy decisions should also be Director, National Parks informed by provincial guidelines and direction from designated health experts. Deviating from Ski Areas Association expert advice by extending the temporary bylaw will not only make it challenging for front-line
Jonathan Welsh staff to manage visitor expectations, but could also cause confusion, frustration, and distrust CEO, among visitors. Discover Banff Tours Banff's success in vaccinating its citizens should be celebrated and seen as an example for Mike Day Owner, Evil Dave’s Grill communities struggling to convince their citizens to be vaccinated. Continuing to mandate masks in outdoor spaces would dilute the positive impact that Banff could have as it would fail to convey Barbara Kosterski the normalcy that can be achieved through high vaccination rates. Principal, PERK Consulting Banff knows how to make guests feel safe and welcome, and the community has gone over and Peter DuBeau above to ensure the safety of staff, citizens and visitors. Please show your support for the General Manager, community that has endeavoured to follow provincial guidelines and expert health advice. Moose Hotel & Suites
Brad Pierce AMPPE asks that on June 28, the Town of Banff rescind Bylaw 436, the Temporary Masks Board Counsel Bylaw effective July 1, 2021. Partner, Borden Ladner Gervais Your office can contact our Director of Communications, Debbie Harksen if you have any Mark Bohnet questions. She can be reached at [email protected] or by telephone 587-335-0829. Board Treasurer Partner, Baker Tilly Kindest regards, Rockies LLP.
Clare McCann Owner, Bikescape Stuart Back Yannis Karlos Co-Chair Co-Chair
Page 1 of 1
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
For June 28, 2021 Meeting Covid 19 Data Slides for Banff/ID 9 Health Region
Page 1 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021
Page 2 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021
• Zero active cases recorded on June 18 (stayed at zero for 4 days) • First time at zero cases since Oct 1, 2020 • On June 22nd, 1 new active case was diagnosed
Page 3 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021
Page 4 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021
806 total cases
Page 5 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021
Page 6 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021
Alberta: 36 (4th highest in Canada)
Yukon, Manitoba, SK have the top 3 ACR/100K
Canada: 25
Banff/ID 9: 7
Page 7 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021 Variant Activity in Alberta over last 24 days
Page 8 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021 12 All 1st dose in and ages Banff/ID 9 older
Provincial 64% 60.4% Map ECC 96% 86.9% Estimates *
Fully 12 All vaccinated and ages in Banff/ID older 9 Provincial 18.2% 17.2% Map ECC 27% 25% Estimates *
*ECC has used an estimated population of 9500 – Alberta Health population is using 13, 451
Page 9 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #:8.1 Distribution Received for the Corproate Record Received from: Administration Date: 2021 June 28
Presented June 28, 2021 Provincial Vaccination Rates (as of June 24, 2021) 12 and All ages older
First dose 71.3% 60.7% Fully vaccinated 34.3% 29.2%
Page 10 of 10 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 REQUEST FOR DIRECTION Subject: Bylaw 436, The Temporary Mandatory Mask Bylaw, Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment
Presented to: Council Date: 2021 June 28
Submitted by: Kelly Gibson, Town Manager Item #: 8.2
RECOMMENDATION That Council provide direction to Administration on how to proceed with the Temporary Mandatory Mask Bylaw.
BACKGROUND
Reason for Report At the June 14, 2021, Regular Meeting of Council, Council directed administration to bring back Bylaw 443 – Temporary Mandatory Mask Bylaw for review.
Summary of Issue On July 27, 2020, the Temporary Mandatory Mask Bylaw was originally approved by way of motions COU20-187 to COU20-193. On August 14, 2020, Council amended the bylaw to include specific outdoor areas where mask use would be mandatory by way of motions COU20-213 though COU20- 216. The outdoor area was expanded by Council on September 21, 2020 to include additional outdoor areas in the core and the remainder of Banff Avenue. The Bylaw was further amended on November 30, 2020, by way of motions COU20-388 through COU20-392 to address further expanding the Pedestrian Zone and minor textual additions. No further changes have been made to the municipal bylaw since then.
The Province of Alberta implemented a mask mandate December 8, 2020, which supersedes the indoor portion of our municipal bylaw. On May 26, 2021, the Premier announced the Open for Summer Plan that had the potential to have the provincial mask mandate lifted by late June or early July. Since the last Council meeting, the Premier and Chief Medical Officer of Health have confirmed that the provincial masking mandate will be lifted on July 1, 2021.
On June 22, Dr. Hinshaw announced that face coverings will continue to be mandatory in some limited and specific settings which include:
• acute care facilities; • continuing-care facilities; • public transit; • taxis; and • commercial ride-sharing vehicles.
Council Report: Bylaw 436, The Temporary Mandatory Mask Bylaw, Item #: 8.2 Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment Page 1 of 5 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Administration has undertaken a review of some other municipalities in Alberta that have recently been reviewing their current mask bylaws.
A summary of those findings are as follows:
Municipality Date Action taken Result of Decision Reviewed City of Calgary June 21 Motion to rescind mask bylaw Mask bylaw to remain in failed in a tie vote (7-7) – effect until at least July 5 motion to return on July 5th City of June 22 Resolution to deactivate mask Mask bylaw in place until Edmonton bylaw passed 2 readings and decision of 3rd reading on failed to get unanimous consent June 25th is made. to go to third. Subsequent (Administration can verbally motion to return for 3rd reading update council on the on June 25th. outcome at the meeting). City of June 15 Motion to rescind mask bylaw Mask bylaw will remain in Lethbridge defeated in a 5-4 vote effect beyond July 1st with no proposed date for review at this time. Town of n/a Town council will not review Mask bylaw will remain in Canmore the mask bylaw until their next effect until at least July 6th. meeting on July 6th Town of April 15th Town council voted to repeal Municipal mask bylaw has Cochrane the bylaw and align with future not been in effect since April decisions of the province 15th and will therefore not be for July 1st. Town of Jasper June 15th Town council voted to repeal Municipal mask bylaw will the mask bylaw and align to the not be in effect for July 1st. province’s Stage 3 opening. City of Airdrie June 21 Town council voted to repeal Municipal mask bylaw will the mask bylaw and align with not be in effect for July 1st. Stage 3 direction of the province
Medical Guidance on Masking As with many aspects of the pandemic, there have been differences in opinion on various approaches taken. Administration wanted to share in this report the publicly stated rationale for the removal of the mask mandate by Alberta’s Chief Medical Officer of Health. Also included, is the perspective from medical professionals affiliated with the Edmonton Zone Medical Staff Association Committee. Administration has included this perspective in particular because Dr. Lynora Saxinger who is a member of this committee has made herself available to provide medical advice and guidance to Banff council in the past.
Chief Medical Officer of Health of Alberta At the June 22, 2021 CMOH press conference, Dr. Hinshaw stated the rationale behind the decisions made specific to stage 3. She stated that this upcoming period of time represents a new phase in the pandemic where we transition from mandatory restrictions to a time with less mandatory barriers, while still being thoughtful about how to manage risks. She explained that her recommendations have
Council Report: Bylaw 436, The Temporary Mandatory Mask Bylaw, Item #: 8.2 Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment Page 2 of 5 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council been made by looking at the current epidemiology of cases province wide and the high and increasing protection of vaccine. She stated that her decision to continue mandatory masking for continuing and acute care was related to people in these settings being at the highest risk of severe outcomes related to Covid. The decision on mandatory masking in transit, taxis and commercial rideshare businesses was tied to the fact that these settings are small enclosed indoor spaces where people may have no choice but to use when they haven’t yet had a chance to get a second dose of vaccine. Other than these specific locations identified for provincial mandatory masking, Dr. Hinshaw indicated her belief that it is reasonable to shift into a broad province wide approach where people can make decisions about what works best for them. She shared that her own personal approach will likely include masking until two weeks has past after her second dose of vaccine and then in settings of high risk after that.
When asked at the press conference directly about municipalities continuing with their mandatory mask bylaws beyond July 1st, Dr. Hinshaw responded by stating that the individual use of masks is a very reasonable approach for people to make as they manage their own risks. She also stated that municipalities certainly retain the ability to set local rules for their particular context.
At the most recent meeting held between Municipal CAO’s and the Chief Medical Officer of Health on June 23, 2021, Dr. Hinshaw made the statement that “covid is not over”. She stated that thanks to vaccines, the province is moving out of a time where the health care system could be overwhelmed. And as a result, the province is now switching to a different approach where we learn to live with covid and allow people to navigate their own risks with few mandatory restrictions and more of a recommendation framework moving forward. She stated that AHS and the CMOH will continue to provide information and advice to people to assist them in navigating their own risks.
Edmonton Zone Medical Staff Association (EZMSA) A letter is attached from the EZMSA Strategic Covid 19 Pandemic committee which was sent to both Edmonton and Calgary City councils in advance of their deliberations on their mask bylaws. In summary, the committee recommended the wearing of masks in indoor spaces until such time as 70% of the city’s populations had received two doses of vaccine. The rationale for this was tied to the presence of the new delta variant in Alberta (B.1.617.2) which they indicated is known to spread more rapidly than previous variants and that is known to be less effective with those with only a single dose of vaccine. The argument was made that until more Albertans have full protection with two doses, indoor masking should be maintained in order to not jeopardize the reopening of schools and workplaces in the fall.
Council Report: Bylaw 436, The Temporary Mandatory Mask Bylaw, Item #: 8.2 Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment Page 3 of 5 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
With the Provincial mask mandate expiring on July 1st, Council has several options to explore with respect to its own mask bylaw:
Option Description Indoor Masking Outdoor Masking End Date End Date 1) Do not amend This option leaves the existing At Council’s At Council’s existing Bylaw 436 Bylaw in place (indoor and Discretion Discretion outdoor masking) and administration will continue to bring the Bylaw back as a regular agenda item. 2) Bylaw 457 This option would repeal the July 1, 2021 On Approval of bylaw entirely. This would Bylaw remove the outdoor masking requirement when the bylaw comes into effect and the indoor masking requirements would fall under the provincial mandate until July 1. 3) Bylaw 436-1 This bylaw would align the July 1, 2021 July 1, 2021 removal of both indoor and outdoor mask requirements with the provincial masking mandate and would be in effect until July 1. 4) Bylaw 458 This bylaw is an amending At Council’s On Approval of bylaw that would leave the Discretion Bylaw indoor masking requirements in place and remove the outdoor masking requirements immediately. *Dates assume three readings prior to July 1, 2021
Response Options Council may:
1. Leave the existing Bylaw 436 in place and advise Administration to place this on upcoming Agendas as a reoccurring Agenda item; or 2. Give first reading and propose additional amendments to one of the proposed Bylaws prior to second and third reading; or 3. Give three readings to on of the proposed Bylaws.
IMPLICATIONS OF DECISION
Internal Resources The Safety Ambassadors will continue their education role with respect to The Temporary Mandatory Mask Bylaw.
Council Report: Bylaw 436, The Temporary Mandatory Mask Bylaw, Item #: 8.2 Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment Page 4 of 5 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Communication Any bylaw amendments will be posted on the Town of Banff website once approved.
Banff Community Plan Not applicable.
Council Strategic Priorities Not applicable.
Legislation/Policy The following Subsections of the Municipal Government Act provide Council with the authority to pass a bylaw mandating masks:
7 A council may pass bylaws for municipal purposes respecting the following matters:
(a) the safety, health and welfare of people and the protection of people and property; (b) people, activities and things in, on or near a public place or place that is open to the public;
[…]
8 Without restricting section 7, a council may in a bylaw passed under this Division
(a) regulate or prohibit;
[…]
ATTACHMENTS Attachment 1: Bylaw 436, the Temporary Mandatory Mask Bylaw Attachment 2: Proposed Bylaw 457, the Repeal Bylaw 436 Bylaw Attachment 3: Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw Attachment 4: Redlined Version – Proposed Bylaw 436-1, The Temporary Mandatory Mask Bylaw Attachment 5: Proposed Bylaw 458, the Temporary Mandatory Mask Bylaw Amending Bylaw Attachment 6: Redlined Version –Bylaw 436, The Temporary Mandatory Mask Bylaw, Reflecting Proposed Bylaw 458 Attachment 7: Letter from Edmonton Zone Medical Staff Association (EZMSA) Strategic Covid 19 Committee
Circulation date: 2021 June 20
Submitted By: On Original Kelly Gibson, Town Manager
Council Report: Bylaw 436, The Temporary Mandatory Mask Bylaw, Item #: 8.2 Review and Consideration of Proposed Bylaw 436-1, the Temporary Mandatory Mask Bylaw, Proposed Bylaw 457, The Temporary Mandatory Mask Repealing Bylaw, and Proposed Bylaw 458, The Temporary Mandatory Mask Bylaw – Fifth Amendment Page 5 of 5 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1 TOWN OF BANFF
BYLAW 436
Temporary Mandatory Mask and Face Coverings
Being a Bylaw of the Town of Banff to Mandate the Use of Masks Within Enclosed Public Spaces and the Pedestrian Zone Amended 2020.11.30 Bylaw 449
WHEREAS the Section 7 (a) of Municipal Government Act, R.S.A. 2000, c. M-26 empowers Councils to pass Bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property;
AND WHEREAS the Section 7(b) of the Municipal Government Act, R.S.A. 2000, c. M-26 empowers Councils to pass Bylaws for municipal purposes respecting people, activities and things in, on or near a public place or place that is open to the public;
AND WHEREAS Section 8(a) of the Municipal Government Act, R.S.A. 2000, c. M-26 further states that Council may pass a bylaw to regulate an activity and Section 9(b) further empowers a Council to respond to present and future issues in their municipality;
AND WHEREAS the Novel Coronavirus is present within the Town of Banff, and it causes the disease COVID-19 that is readily communicable from person to person and carries a risk of serious complications such as pneumonia or respiratory failure, and may result in death;
AND WHEREAS the spread of COVID-19 has been declared a pandemic by the World Health Organization on 2020 March 11;
AND WHEREAS there exists a pressing need for establishments to implement appropriate measures and regulations to better prevent the spread of COVID-19 and protect the health, safety and well-being of the residents of, and visitors to, the town of Banff within both enclosed public spaces and the Pedestrian zone where physical distancing is often difficult to maintain; Amended 2020.09.21 Bylaw 443 Amended 2020.08.14 Bylaw 438
AND WHEREAS the mandatory requirement to wear masks is further deemed to be a reasonable, practicable, and effective method of limiting the spread of COVID-19, when combined with other health measures, for the health, safety and well-being of residents of, and visitors to, the town of Banff; Amended 2020.09.21 Bylaw 443
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have strongly recommended that Albertans wear masks or face coverings to limit the spread of COVID-19 where physical distancing cannot be maintained;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 1 of 8 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1
1.0 CITATION
1.1 This Bylaw may be cited as the Temporary Mandatory Mask Bylaw.
2.0 DEFINITION
2.1 In this Bylaw, words have the meanings set out in the Municipal Government Act, R.S.A. 2000, c. M-26, except that:
a) Bylaw Services Officer means an employee of the Town who has been appointed to the position of Bylaw Enforcement Officer or Bylaw Services Officer pursuant to the Bylaw Enforcement Officers Bylaw or Town of Banff Land Use Bylaw;
b) Cohort means small groups of people whose members, who are always the same individuals, do not always keep two (2) metres apart, and who limit close interactions to those same people within their own cohort group rather than switching daily contacts or engaging in close interactions with others outside that circle;
c) Enclosed Public Space or Establishment means the interior area of any building or structure to which the public is invited or permitted access, either expressly or by implication regardless of whether a fee is charged for entry, in order to receive or to provide goods or services, including but not limited to the public areas of the following:
i. Restaurants, cafés, cafeterias, and outdoor patios associated with these establishments; ii. Retail establishments including exterior merchandise displays; iii. Shopping malls or similar structures that contain multiple places of businesses; iv. Grocery stores; v. Churches, mosques, synagogues, temples, or other places of worship; vi. Libraries, museums, art galleries, recreational facilities, cinemas, theatres, concert venues, special event venues, convention centers, or other similar entertainment, cultural, or leisure facilities; vii. Common areas of sports facilities, sports clubs, gyms, yoga studios, or other similar Establishments, such as lobbies, elevators, and locker rooms/ changing rooms; viii. Common areas of hotels, motels, and other short-term rentals, such as lobbies, elevators, meeting rooms or other common use facilities; ix. Health and wellness facilities and personal services facilities; x. Temporary facilities, such as construction trailers and temporary sales offices; xi. Municipal facilities, including Town Hall, and any community centre, cultural, arts or leisure centre, recreational or sporting facility, parks building, client service centre or indoor parking facility; and, xii. Other businesses, organizations and places that are permitted to operate in accordance with the Government of Alberta’s Relaunch Strategy.
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 2 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1
Provided that the following are not considered an Enclosed Public Space for the purposes of this Bylaw:
xiii. Schools, as defined by the School Act, RSA 200 c S-3; xiv. Day Care facilities, as defined in the Town of Banff Land Use Bylaw; xv. Portions of buildings that are being used for the purpose of providing day camps; xvi. Offices of professional service providers such as lawyers and accountants where clients receive services in areas not open to the general public; xvii. Hospitals, independent health facilities, and offices of regulated health professionals; and xviii. School Bus, as defined in the Town of Banff Traffic Bylaw.
d) Mask means a cloth, surgical, or medical face covering that securely covers the nose, mouth, and chin, is in contact with the surrounding face without gapping, and effectively filters respiratory droplets; Amended 2020.11.23 Bylaw 444
e) Operator means the person or organization who is the registered land owner as per the Town of Banff’s Tax Roll or the person who controls, governs, directs, or is responsible for the activity carried on within the Enclosed Public Space or Establishment and can include the person who is actually in charge at any particular time;
f) Peace Officer means the following persons while that person is in the exercise or discharge of their power or duties: a Community Peace Officer appointed under the Peace Officer Act, a member of the Royal Canadian Mounted Police, or a park warden appointed under the National Parks Act of Canada;
g) Pedestrian Zone means an outdoor pedestrian area, including but not limited to such areas as a sidewalk, alleyway, and public gathering space, located within the townsite as depicted in Schedule A to this Bylaw; Amended 2020.09.21 Bylaw 443 Amended 2020.08.14 Bylaw 438 Amended 2020.11.30 Bylaw 449
h) Person included a corporation and the heirs executors, administrators, or other legal representatives of a person;
i) Public Vehicle means a bus, taxi, or other vehicle that is used to transport members of the public for a fee;
j) Town of Banff or Town means the Corporation of the Town of Banff and, where the context requires, the land included within the boundaries of the Town of Banff;
k) Town of Banff Notice of Offence means any ticket or tag, in a form approved by the Town or authorized under the Provincial Offences Procedures Act, issued for any offence in which a penalty may be paid out of court in lieu of appearing to answer a summons.
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 3 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1
3.0 INTERPRETATION
3.1 No provisions of this Bylaw are intended to conflict with a Federal or Provincial statue, regulation, or order, including an order made under the Emergency Management Act. RSA 200, c E-6.8, as amended.
4.0 EXEMPTIONS
4.1 This Bylaw does not apply to:
a) A child who is younger than two (2) years of age, or a child who is under five (5) years of age chronologically or developmentally and who refuses to wear a Mask and cannot be persuaded to do so by their caregiver;
b) A Person with a medical condition, including breathing or cognitive difficulties, or a disability, that prevents them from safely wearing a Mask;
c) A Person who is unable to put on or remove their Mask without the assistance of another Person;
d) A Person who is hearing impaired, or communicating with a Person who is hearing impaired, where the ability to see the mouth is essential for communication;
e) A Person who needs to temporarily remove their Mask, provided they are able to maintain a distance of at least six feet from any Persons who are not members of the same household or Cohort, for the purposes of:
i. Receiving services that require the removal of their Mask; ii. Actively engaging in athletic or fitness activity in an Establishment such as a sports facility, sports club, gym, yoga studio, or other similar Establishments; iii. Consuming food or drink; or iv. An emergency or medical purpose.
f) Those outdoor spaces not included in the Pedestrian Zone as depicted in Schedule A of this Bylaw.
4.2 A Person who is employed by, or is an agent of, the Operator of an Enclosed Public Space is not obligated to wear a Mask while:
a) In an area of the premises that is not designated for public access; or b) When located either within or behind a physical barrier including but not limited to a Plexiglas barrier.
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 4 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1
5.0 MANDATORY MASK IN ENCLOSED PUBLIC SPACES
5.1 Subject to Section 4, Exemptions, every Person who enters or remains in an Enclosed Public Space shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.2 Persons who are in line to enter into an Enclosed Public Space shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.3 The Operator of an Enclosed Public Space shall post, at every entrance to the Establishment used by the public, prominent and clearly visible signage that contains the following messages:
All persons entering or remaining in these premises must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436.
5.4 The Operator of an Enclosed Public Space shall ensure the availability of hand sanitizing stations at all public entrances of the Establishment.
5.5 The Operator of an Enclosed Public Space shall ensure all employees are aware of the regulations as set out in this Bylaw and shall create a policy for their specific Establishment addressing it.
5.6 A Person must wear a Mask in a Public Vehicle, unless the Person is separated from other Persons by an installed screen, shield, or other barrier.
6.0 MANDATORY MASK IN THE PEDESTRIAN ZONE
6.1 Subject to Section 4, Exemptions, every Person who enters or remains in the Pedestrian Zone shall wear a Mask in a manner that covers their mouth, nose, and chin.
6.2 The Town of Banff shall post prominent and clearly visible signage that contains the following message throughout the Pedestrian Zone:
All persons entering or remaining in this area must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436. Amended 2020.09.21 Bylaw 443
6.3 The Town shall ensure, wherever possible:
a) That every person who is not wearing a Mask when entering into the area is provided with a verbal reminder to do so and, if applicable, of the exemptions set out in Section 4. Amended 2020.09.21 Bylaw 443
6.4 The Town shall provide hand sanitizing stations throughout the Pedestrian Zone.
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 5 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1
6.5 [DELETED] Amended 2020.09.21 Bylaw 443
6.6 [DELETED] Amended 2020.09.21 Bylaw 443
7.0 VIOLATIONS AND ENFORCEMENT
7.1 Enforcement of this Bylaw is the sole responsibility of the Town of Banff Bylaw Enforcement or a Peace Officer.
7.2 Any Person found to be violating any provision of this Bylaw is guilty of an offence and may be served by the Town of Banff Bylaw Enforcement, or a Peace Officer, with a verbal or written notice stating the nature of the violation and may be provided with a reasonable time limit for the satisfactory correction thereof.
7.3 Any person who hinders or obstructs a person lawfully carrying out the enforcement of this Bylaw is guilty of an offence.
7.4 When a Person is alleged to have contravened any provision of this Bylaw, a Bylaw Services Officer or Peace Officer may issue a Town of Banff Notice of Offence which shall state:
a) The nature of the offence;
b) The penalty payable in connection with the offence; and
c) The time period within which the penalty must be paid.
7.5 A Town of Banff Notice of Offence shall be deemed to be sufficiently served for the purposes of this Bylaw if served personally on the accused.
7.6 In lieu of prosecution, the individual named in a Town of Banff Notice of Offence may elect to voluntarily make payment to the Town of the penalty amount specified in the Town of Banff Notice of Offence.
7.7 If the payment specified in the Town of Banff Notice of Offence is not paid in accordance with the terms of the Notice of Offence and in the time required by the Notice of Offence, a prosecution may be commenced for the alleged contravention of this Bylaw. Notwithstanding the foregoing, nothing in this Bylaw shall prevent any Bylaw Services Officer or Peace Officer from issuing a violation ticket pursuant to the provisions of the Provincial Offences Procedure Act or from laying an information in lieu of issuing a Town of Banff Notice of Offence.
7.8 A fine of $150 is liable to:
a) A Person who is convicted of an offence under this Bylaw; and b) An Operator who fails to display the prescribed signage.
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 6 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 1
8.0 SEVERABILITY
8.1 If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw.
9.0 SCHEDULES
9.1 Schedule “A” forms part of this Bylaw. Amended 2020.08.14 Bylaw 438
10.0 ENACTMENT
10.1 This Bylaw comes into force at 12:00 p.m. noon on 2020 July 31.
READ A FIRST TIME this 27th day of July, 2020.
READ A SECOND TIME, as amended, this 27th day of July, 2020.
READ A THIRD TIME, as amended, this 27th day of July, 2020.
SIGNED AND PASSED this 27th day of July, 2020.
On Original Karen Sorensen Mayor
On Original Kelly Gibson Town Manager
Town of Banff Bylaw 436 – Mandatory Mask Bylaw Page 7 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council E V Item #: 8.2 A F F N L P Attachment 1 A T B O M R A M P O R C U R C P I
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CT W IE V R E IV Town of Banff R Bylaw 436 - Schedule A
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Date Created: 2020-11-30 6:12:29 PM The Town of Banff does not guarantee the quality, content, accuracy, or completeness of the information, text, and graphics, Coordinate System: NAD 1983 UTM Zone 11N and assumes no liability for any damages or loss of any kind that might arise from the use of, misuse of, or the inability to use this product. Produced By: Town of Banff - GIS Dept (weatherhogj) The information provided should not be used as a substitute for legal, accounting, real estate, business, tax, or other professional advice. File Name: Mask_Bylaw_December
Town of Banff Bylaw 436 – Temporary Mandatory Mask Bylaw Page 8 of 8 Amended 2020.11.30 Bylaw 449 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 2 TOWN OF BANFF
BYLAW 457
Being a Bylaw of the Town of Banff to Repeal Bylaw 436 Which Mandates the Use of Masks Within Enclosed Public Spaces and the Pedestrian Zone
WHEREAS the Council of the Town of Banff had enacted Bylaw 436 on 2020 July 27 to mandate the use of masks within enclosed public spaces and the outdoor pedestrian Zone;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
1. Bylaw 436, The Temporary Mandatory Mask Bylaw, is hereby repealed.
2. This Bylaw comes in force on the day it is passed
READ A FIRST TIME this xx day of XXXX, 20XX.
READ A SECOND TIME this xx day of XXXX, 20XX.
READ A THIRD TIME this xx day of XXXX, 20XX.
SIGNED AND PASSED this xx day of XXXX, 20XX.
Karen Sorensen Mayor
Kelly Gibson Town Manager
Proposed Town of Banff Bylaw 457 – Repealing Bylaw for the Temporary Mandatory Mask Bylaw 436 Page 1 of 1
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 3
TOWN OF BANFF
BYLAW 436-1
Temporary Mandatory Mask and Face Coverings
Being a Bylaw of the Town of Banff to Mandate the Use of Masks Within the Pedestrian Zone
WHEREAS the Section 7 (a) of the Municipal Government Act, R.S.A. 2000, c. M-26, empowers Councils to pass Bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property;
AND WHEREAS the Section 7(b) of the Municipal Government Act, R.S.A. 2000, c. M-26, empowers Councils to pass Bylaws for municipal purposes respecting people, activities and things in, on or near a public place or place that is open to the public;
AND WHEREAS Section 8(a) of the Municipal Government Act, R.S.A. 2000, c. M-26, further states that Council may pass a bylaw to regulate an activity and Section 9(b) further empowers a Council to respond to present and future issues in their municipality;
AND WHEREAS the Novel Coronavirus is present within the Town of Banff, and it causes the disease COVID-19 that is readily communicable from person to person and carries a risk of serious complications such as pneumonia or respiratory failure, and may result in death;
AND WHEREAS the spread of COVID-19 has been declared a pandemic by the World Health Organization on 2020 March 11;
AND WHEREAS there exists a pressing need to implement appropriate measures and regulations to better prevent the spread of COVID-19 and protect the health, safety and well-being of the residents of, and visitors to, the town of Banff within the Pedestrian zone where physical distancing is often difficult to maintain;
AND WHEREAS the mandatory requirement to wear masks is further deemed to be a reasonable, practicable, and effective method of limiting the spread of COVID-19, when combined with other health measures, for the health, safety and well-being of residents of, and visitors to, the town of Banff;
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have ordered by way of Chief Medical Officer of Health (CMOH) Order 22-2021, effective 2021 May 13, that all Albertans wear masks or face coverings to protect them from exposure to COVID-19 and to prevent the spread of COVID-19;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
Proposed Town of Banff Bylaw 436 – The Temporary Mandatory Mask Bylaw Page 1 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 3
1.0 CITATION
1.1 This Bylaw may be cited as the Temporary Mandatory Mask Bylaw.
2.0 DEFINITION
2.1 In this Bylaw, words have the meanings set out in the Municipal Government Act, R.S.A. 2000, c. M-26, and CMHO Order 2021-22, except that:
a) Bylaw Services Officer means an employee of the Town who has been appointed to the position of Bylaw Enforcement Officer or Bylaw Services Officer pursuant to the Bylaw Enforcement Officers Bylaw or Town of Banff Land Use Bylaw;
b) CMOH Order 2021-22 means the Chief Medical Officer of Health Order 2021-22 issued to implement additional measures respecting masking which have been deemed necessary to protect Albertans from exposure to COVID-19 and to prevent the spread of COVID-19 throughout the Province of Alberta;
c) Mask means a cloth, surgical, or medical face covering that securely covers the nose, mouth, and chin, is in contact with the surrounding face without gapping, and effectively filters respiratory droplets;
d) Operator means the person or organization who is the registered land owner as per the Town of Banff’s Tax Roll or the person who controls, governs, directs, or is responsible for the activity carried on within the Enclosed Public Space or Establishment and can include the person who is actually in charge at any particular time;
e) Peace Officer means the following persons while that person is in the exercise or discharge of their power or duties: a Community Peace Officer appointed under the Peace Officer Act, a member of the Royal Canadian Mounted Police, or a park warden appointed under the National Parks Act of Canada;
f) Pedestrian Zone means an outdoor pedestrian area, including but not limited to such areas as a sidewalk, alleyway, and public gathering space, located within the townsite as depicted in Schedule A to this Bylaw;
g) Person includes a corporation and the heirs, executors, administrators, or other legal representatives of a person;
h) Town of Banff or Town means the Corporation of the Town of Banff and, where the context requires, the land included within the boundaries of the Town of Banff;
i) Town of Banff Notice of Offence means any ticket or tag, in a form approved by the Town or authorized under the Provincial Offences Procedures Act, issued for any offence in which a penalty may be paid out of court in lieu of appearing to answer a summons.
Proposed Town of Banff Bylaw 436-1 – Mandatory Mask Bylaw Page 2 of 6
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 3
3.0 INTERPRETATION
3.1 No provisions of this Bylaw are intended to conflict with a Federal or Provincial statue, regulation, or order, including an order made under the Emergency Management Act. RSA 200, c E-6.8, as amended.
4.0 EXEMPTIONS
4.1 This Bylaw does not apply to:
a) A child who is younger than two (2) years of age, or a child who is under five (5) years of age chronologically or developmentally and who refuses to wear a Mask and cannot be persuaded to do so by their caregiver;
b) A Person with a medical condition, including breathing or cognitive difficulties, or a disability, that prevents them from safely wearing a Mask;
c) A Person who is unable to put on or remove their Mask without the assistance of another Person;
d) A Person who is hearing impaired, or communicating with a Person who is hearing impaired, where the ability to see the mouth is essential for communication;
e) A Person who needs to temporarily remove their Mask, provided they are able to maintain a distance of at least six feet from any Persons who are not members of the same household or Cohort, for the purposes of:
i. Consuming food or drink; or ii. An emergency or medical purpose.
f) Those outdoor spaces not included in the Pedestrian Zone as depicted in Schedule A of this Bylaw; and
g) Any other exceptions as set out in CMOH Order 22-2021.
5.0 MANDATORY MASK IN THE PEDESTRIAN ZONE
5.1 Subject to Section 4, Exemptions, every Person who enters or remains in the Pedestrian Zone shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.2 The Town of Banff shall post prominent and clearly visible signage that contains the following message throughout the Pedestrian Zone:
All persons entering or remaining in this area must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436-1. Proposed Town of Banff Bylaw 436-1 – Mandatory Mask Bylaw Page 3 of 6
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 3
5.3 The Town shall ensure, wherever possible that every person who is not wearing a Mask when entering into the area is provided with a verbal reminder to do so and, if applicable, of the exemptions set out in Section 4.
5.4 The Town shall provide hand sanitizing stations throughout the Pedestrian Zone.
6.0 VIOLATIONS AND ENFORCEMENT
6.1 Enforcement of this Bylaw is the sole responsibility of the Town of Banff Bylaw Enforcement or a Peace Officer.
6.2 Any Person found to be violating any provision of this Bylaw is guilty of an offence and may be served by the Town of Banff Bylaw Enforcement, or a Peace Officer, with a verbal or written notice stating the nature of the violation and may be provided with a reasonable time limit for the satisfactory correction thereof.
6.3 Any person who hinders or obstructs a person lawfully carrying out the enforcement of this Bylaw is guilty of an offence.
6.4 When a Person is alleged to have contravened any provision of this Bylaw, a Bylaw Services Officer or Peace Officer may issue a Town of Banff Notice of Offence which shall state:
a) The nature of the offence;
b) The penalty payable in connection with the offence; and
c) The time period within which the penalty must be paid.
6.5 A Town of Banff Notice of Offence shall be deemed to be sufficiently served for the purposes of this Bylaw if served personally on the accused.
6.6 In lieu of prosecution, the individual named in a Town of Banff Notice of Offence may elect to voluntarily make payment to the Town of the penalty amount specified in the Town of Banff Notice of Offence.
6.7 If the payment specified in the Town of Banff Notice of Offence is not paid in accordance with the terms of the Notice of Offence and in the time required by the Notice of Offence, a prosecution may be commenced for the alleged contravention of this Bylaw. Notwithstanding the foregoing, nothing in this Bylaw shall prevent any Bylaw Services Officer or Peace Officer from issuing a violation ticket pursuant to the provisions of the Provincial Offences Procedure Act or from laying an information in lieu of issuing a Town of Banff Notice of Offence.
6.8 A fine of $150 is liable to A Person who is convicted of an offence under this Bylaw.
Proposed Town of Banff Bylaw 436-1 – Mandatory Mask Bylaw Page 4 of 6
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 3
7.0 SEVERABILITY
8.1 If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw.
9.0 SCHEDULES
9.1 Schedule “A” forms part of this Bylaw.
10.0 REPEAL
10.1 Bylaw 436, The Temporary Mandatory Mask Bylaw, is repealed.
11.0 ENACTMENT
11.1 This Bylaw comes into force when it receives third reading and is signed by the Mayor and the Town Manager or designates.
11.2 This Bylaw remains in effect until:
11.2.1 CMOH Order 2021-22 is rescinded by the Chief Medical Officer of Health for the Province of Alberta; or 11.2.2 Renewed or extended by a duly enacted Bylaw of the Council or the Town of Banff.
READ A FIRST TIME this xx day of XXXX, 202X.
READ A SECOND TIME this xx day of XXXX, 202X.
READ A THIRD TIME this xx day of XXXX, 202X.
SIGNED AND PASSED this xx day of XXXX, 202X.
Karen Sorensen Mayor
Kelly Gibson Town Manager
Proposed Town of Banff Bylaw 436-1 – Mandatory Mask Bylaw Page 5 of 6
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council E V Item #: 8.2 A F F N L P Attachment 3 A T B O M R A M P O R C U R C P I
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Town of Banff Bylaw 436-1 – Temporary Mandatory Mask Bylaw Page 6 of 6 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 4 Redlined Version
TOWN OF BANFF
BYLAW 436-1
Temporary Mandatory Mask and Face Coverings
Being a Bylaw of the Town of Banff to Mandate the Use of Masks Within Enclosed Public Spaces and the Pedestrian Zone Amended 2020.11.30 Bylaw 449
WHEREAS the Section 7 (a) of Municipal Government Act, R.S.A. 2000, c. M-26 empowers Councils to pass Bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property;
AND WHEREAS the Section 7(b) of the Municipal Government Act, R.S.A. 2000, c. M-26 empowers Councils to pass Bylaws for municipal purposes respecting people, activities and things in, on or near a public place or place that is open to the public;
AND WHEREAS Section 8(a) of the Municipal Government Act, R.S.A. 2000, c. M-26 further states that Council may pass a bylaw to regulate an activity and Section 9(b) further empowers a Council to respond to present and future issues in their municipality;
AND WHEREAS the Novel Coronavirus is present within the Town of Banff, and it causes the disease COVID-19 that is readily communicable from person to person and carries a risk of serious complications such as pneumonia or respiratory failure, and may result in death;
AND WHEREAS the spread of COVID-19 has been declared a pandemic by the World Health Organization on 2020 March 11;
AND WHEREAS there exists a pressing need for establishments to implement appropriate measures and regulations to better prevent the spread of COVID-19 and protect the health, safety and well-being of the residents of, and visitors to, the town of Banff within both enclosed public spaces and the Pedestrian zone where physical distancing is often difficult to maintain; Amended 2020.09.21 Bylaw 443 Amended 2020.08.14 Bylaw 438
AND WHEREAS the mandatory requirement to wear masks is further deemed to be a reasonable, practicable, and effective method of limiting the spread of COVID-19, when combined with other health measures, for the health, safety and well-being of residents of, and visitors to, the town of Banff; Amended 2020.09.21 Bylaw 443
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have strongly recommended that Albertans wear masks or face coverings to limit the spread of COVID-19 where physical distancing cannot be maintained;
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have ordered by way of Chief Medical Officer of Health (CMOH) Order 22-2021, effective 2021 May 13,
Page 1 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council that all Albertans wear masks or face coverings to protect them from exposure to COVID-19 and to prevent the spread of COVID-19;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
1.0 CITATION
1.1 This Bylaw may be cited as the Temporary Mandatory Mask Bylaw.
2.0 DEFINITION
2.1 In this Bylaw, words have the meanings set out in the Municipal Government Act, R.S.A. 2000, c. M-26, except that:
a) Bylaw Services Officer means an employee of the Town who has been appointed to the position of Bylaw Enforcement Officer or Bylaw Services Officer pursuant to the Bylaw Enforcement Officers Bylaw or Town of Banff Land Use Bylaw;
b) Cohort means small groups of people whose members, who are always the same individuals, do not always keep two (2) metres apart, and who limit close interactions to those same people within their own cohort group rather than switching daily contacts or engaging in close interactions with others outside that circle;
c) Enclosed Public Space or Establishment means the interior area of any building or structure to which the public is invited or permitted access, either expressly or by implication regardless of whether a fee is charged for entry, in order to receive or to provide goods or services, including but not limited to the public areas of the following:
i. Restaurants, cafés, cafeterias, and outdoor patios associated with these establishments; ii. Retail establishments including exterior merchandise displays; iii. Shopping malls or similar structures that contain multiple places of businesses; iv. Grocery stores; v. Churches, mosques, synagogues, temples, or other places of worship; vi. Libraries, museums, art galleries, recreational facilities, cinemas, theatres, concert venues, special event venues, convention centers, or other similar entertainment, cultural, or leisure facilities; vii. Common areas of sports facilities, sports clubs, gyms, yoga studios, or other similar Establishments, such as lobbies, elevators, and locker rooms/ changing rooms; viii. Common areas of hotels, motels, and other short-term rentals, such as lobbies, elevators, meeting rooms or other common use facilities; ix. Health and wellness facilities and personal services facilities; x. Temporary facilities, such as construction trailers and temporary sales offices; xi. Municipal facilities, including Town Hall, and any community centre, cultural, arts or leisure centre, recreational or sporting facility, parks building, client service centre or indoor parking facility; and, xii. Other businesses, organizations and places that are permitted to operate in accordance with the Government of Alberta’s Relaunch Strategy.
Page 2 of 8
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Provided that the following are not considered an Enclosed Public Space for the purposes of this Bylaw:
xiii. Schools, as defined by the School Act, RSA 200 c S-3; xiv. Day Care facilities, as defined in the Town of Banff Land Use Bylaw; xv. Portions of buildings that are being used for the purpose of providing day camps; xvi. Offices of professional service providers such as lawyers and accountants where clients receive services in areas not open to the general public; xvii. Hospitals, independent health facilities, and offices of regulated health professionals; and xviii. School Bus, as defined in the Town of Banff Traffic Bylaw.
b) CMOH Order 2021-22 means the Chief Medical Officer of Health Order 2021-22 issued to implement additional measures respecting masking which have been deemed necessary to protect Albertans from exposure to COVID-19 and to prevent the spread of COVID-19 throughout the Province of Alberta;
d)c)Mask means a cloth, surgical, or medical face covering that securely covers the nose, mouth, and chin, is in contact with the surrounding face without gapping, and effectively filters respiratory droplets; Amended 2020.11.23 Bylaw 444
e)d)Operator means the person or organization who is the registered land owner as per the Town of Banff’s Tax Roll or the person who controls, governs, directs, or is responsible for the activity carried on within the Enclosed Public Space or Establishment and can include the person who is actually in charge at any particular time;
f)e) Peace Officer means the following persons while that person is in the exercise or discharge of their power or duties: a Community Peace Officer appointed under the Peace Officer Act, a member of the Royal Canadian Mounted Police, or a park warden appointed under the National Parks Act of Canada;
g)f) Pedestrian Zone means an outdoor pedestrian area, including but not limited to such areas as a sidewalk, alleyway, and public gathering space, located within the townsite as depicted in Schedule A to this Bylaw; Amended 2020.09.21 Bylaw 443 Amended 2020.08.14 Bylaw 438 Amended 2020.11.30 Bylaw 449
h)g) Person included a corporation and the heirs executors, administrators, or other legal representatives of a person;
i)h) Public Vehicle means a bus, taxi, or other vehicle that is used to transport members of the public for a fee;
j)i) Town of Banff or Town means the Corporation of the Town of Banff and, where the context requires, the land included within the boundaries of the Town of Banff;
k)j) Town of Banff Notice of Offence means any ticket or tag, in a form approved by the Town or authorized under the Provincial Offences Procedures Act, issued for any offence in which a penalty may be paid out of court in lieu of appearing to answer a summons. Page 3 of 8
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
3.0 INTERPRETATION
3.1 No provisions of this Bylaw are intended to conflict with a Federal or Provincial statue, regulation, or order, including an order made under the Emergency Management Act. RSA 200, c E-6.8, as amended.
4.0 EXEMPTIONS
4.1 This Bylaw does not apply to:
a) A child who is younger than two (2) years of age, or a child who is under five (5) years of age chronologically or developmentally and who refuses to wear a Mask and cannot be persuaded to do so by their caregiver;
b) A Person with a medical condition, including breathing or cognitive difficulties, or a disability, that prevents them from safely wearing a Mask;
c) A Person who is unable to put on or remove their Mask without the assistance of another Person;
d) A Person who is hearing impaired, or communicating with a Person who is hearing impaired, where the ability to see the mouth is essential for communication;
e) A Person who needs to temporarily remove their Mask, provided they are able to maintain a distance of at least six feet from any Persons who are not members of the same household or Cohort, for the purposes of:
i. Receiving services that require the removal of their Mask; ii. Actively engaging in athletic or fitness activity in an Establishment such as a sports facility, sports club, gym, yoga studio, or other similar Establishments; iii. Consuming food or drink; or iv. An emergency or medical purpose.
f) Those outdoor spaces not included in the Pedestrian Zone as depicted in Schedule A of this Bylaw.
g) Any other exceptions as set out in CMOH Order 22-2021.
5.0 MANDATORY MASK IN ENCLOSED PUBLIC SPACES
5.1 Subject to Section 4, Exemptions, every Person who enters or remains in an Enclosed Public Space shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.2 Persons who are in line to enter into an Enclosed Public Space shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.3 The Operator of an Enclosed Public Space shall post, at every entrance to the Establishment used by the public, prominent and clearly visible signage that contains the following messages: Page 4 of 8
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All persons entering or remaining in these premises must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436.
5.4 The Operator of an Enclosed Public Space shall ensure the availability of hand sanitizing stations at all public entrances of the Establishment.
5.5 The Operator of an Enclosed Public Space shall ensure all employees are aware of the regulations as set out in this Bylaw and shall create a policy for their specific Establishment addressing it.
5.6 A Person must wear a Mask in a Public Vehicle, unless the Person is separated from other Persons by an installed screen, shield, or other barrier.
5.0 MANDATORY MASK IN THE PEDESTRIAN ZONE
5.1 Subject to Section 4, Exemptions, every Person who enters or remains in the Pedestrian Zone shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.2 The Town of Banff shall post prominent and clearly visible signage that contains the following message throughout the Pedestrian Zone:
All persons entering or remaining in this area must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436. Amended 2020.09.21 Bylaw 443
5.3 The Town shall ensure, wherever possible:
a) That every person who is not wearing a Mask when entering into the area is provided with a verbal reminder to do so and, if applicable, of the exemptions set out in Section 4. Amended 2020.09.21 Bylaw 443
5.4 The Town shall provide hand sanitizing stations throughout the Pedestrian Zone.
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5.5 [DELETED] Amended 2020.09.21 Bylaw 443
5.6 [DELETED] Amended 2020.09.21 Bylaw 443
6.0 VIOLATIONS AND ENFORCEMENT
6.1 Enforcement of this Bylaw is the sole responsibility of the Town of Banff Bylaw Enforcement or a Peace Officer.
6.2 Any Person found to be violating any provision of this Bylaw is guilty of an offence and may be served by the Town of Banff Bylaw Enforcement, or a Peace Officer, with a verbal or written notice stating the nature of the violation and may be provided with a reasonable time limit for the satisfactory correction thereof.
6.3 Any person who hinders or obstructs a person lawfully carrying out the enforcement of this Bylaw is guilty of an offence.
6.4 When a Person is alleged to have contravened any provision of this Bylaw, a Bylaw Services Officer or Peace Officer may issue a Town of Banff Notice of Offence which shall state:
a) The nature of the offence;
b) The penalty payable in connection with the offence; and
c) The time period within which the penalty must be paid.
6.5 A Town of Banff Notice of Offence shall be deemed to be sufficiently served for the purposes of this Bylaw if served personally on the accused.
6.6 In lieu of prosecution, the individual named in a Town of Banff Notice of Offence may elect to voluntarily make payment to the Town of the penalty amount specified in the Town of Banff Notice of Offence.
6.77.7 If the payment specified in the Town of Banff Notice of Offence is not paid in accordance with the terms of the Notice of Offence and in the time required by the Notice of Offence, a prosecution may be commenced for the alleged contravention of this Bylaw. Notwithstanding the foregoing, nothing in this Bylaw shall prevent any Bylaw Services Officer or Peace Officer from issuing a violation ticket pursuant to the provisions of the Provincial Offences Procedure Act or from laying an information in lieu of issuing a Town of Banff Notice of Offence.
7.8 A fine of $150 is liable to:
a) A Person who is convicted of an offence under this Bylaw; and b) An Operator who fails to display the prescribed signage.
6.8 A fine of $150 is liable to A Person who is convicted of an offence under this Bylaw.
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8.07.0 SEVERABILITY
8.1 If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw.
9.0 SCHEDULES
9.1 Schedule “A” forms part of this Bylaw. Amended 2020.08.14 Bylaw 438
10.0 REPEAL
10.1 Bylaw 436, The Temporary Mandatory Mask Bylaw, is repealed.
10.011.0 ENACTMENT
10.1 This Bylaw comes into force at 12:00 p.m. noon on 2020 July 31.
11.1 This Bylaw comes into force when it receives third reading and is signed by the Mayor and the Town Manager or designates.
11.2 This Bylaw remains in effect until:
6.8.1 CMOH Order 2021-22 is rescinded by the Chief Medical Officer of Health for the Province of Alberta; or 6.8.2 Renewed or extended by a duly enacted Bylaw of the Council or the Town of Banff.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 5 TOWN OF BANFF BYLAW 458
Being a Bylaw of the Town of Banff to Amend The Temporary Mask Bylaw 436
WHERE AS it is desirable to further amend the Temporary Mask Bylaw Number 436 so as to ensure that the Bylaw reflects the most recent information with respect to mask effectiveness and Provincial Regulations;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
1.0 CITATION
1.1 This Bylaw may be cited as “The Temporary Mask Amending Bylaw – Fifth Amendment”.
2.0 PROVISIONS
2.1 The Temporary Mask Bylaw, being Bylaw 436 of the Town of Banff, is hereby amended:
2.1.1 By deleting the sixth “AND WHEREAS” clause in its entirety and replacing with the following:
AND WHEREAS there exists a pressing need for establishments to implement appropriate measures and regulations to better prevent the spread of COVID-19 and protect the health, safety and well-being of the residents of, and visitors to, the town of Banff within enclosed public spaces where physical distancing is often difficult to maintain;
2.1.2 By deleting the eight “AND WHEREAS’ clause in its entirety and replacing with the following:
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have ordered by way of Chief Medical Officer of Health (CMOH) Order 22-2021, effective 2021 May 13, that all Albertans wear masks or face coverings to protect them from exposure to COVID-19 and to prevent the spread of COVID-19;
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2.1.3 In Section 2.0, Definitions,
• By deleting definition 2.1.b) “Cohort” in its entirety and substituting with the following:
b) CMOH Order 2021-22 means the Chief Medical Officer of Health Order 2021-22 issued to implement additional measures respecting masking which have been deemed necessary to protect Albertans from exposure to COVID- 19 and to prevent the spread of COVID-19 throughout the Province of Alberta;
• By deleting definition 2.1.g) “Pedestrian Zone” in its entirety and renumber the remaining subsections accordingly.
2.1.4 In Section 4.1 by deleting subsection f) in its entirety and substituting with the following:
f) Any other exceptions as set out in CMOH Order 22-2021.
2.1.5 By deleting Section 6.0 “Mandatory Masks in the Pedestrian Zone” in its entirety.
2.1.6 By deleting Section 9.0 “Schedules” in its entirety and removing Schedule A from Bylaw 436.
2.1.7 Section 10 “Enactment” by adding a new Subsection 10.2, as follows:
10.2 This Bylaw remains in effect until:
10.2.1 CMOH Order 2021-22 is rescinded by the Chief Medical Officer of Health for the Province of Alberta; or 10.2.2 Renewed or extended by a duly enacted Bylaw of the Council or the Town of Banff.
3.0 SEVERABILITY
3.1 If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw.
4.0 ENACTMENT
4.1 This Bylaw comes into force when it receives third reading and is signed by the Mayor and the Town Manager or designates.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
READ A FIRST TIME this xx day of XXXX, 202X.
READ A SECOND TIME this xx day of XXXX, 202X.
READ A THIRD TIME this xx day of XXXX, 202X.
SIGNED AND PASSED this xx day of XXXX, 202X.
Karen Sorensen Mayor
Kelly Gibson Town Manager
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 6 Redlined Version to Reflect Amendments Outline in Bylaw 458 TOWN OF BANFF
BYLAW 436
Temporary Mandatory Mask and Face Coverings
Being a Bylaw of the Town of Banff to Mandate the Use of Masks Within Enclosed Public Spaces and the Pedestrian Zone Amended 2020.11.30 Bylaw 449
WHEREAS the Section 7 (a) of Municipal Government Act, R.S.A. 2000, c. M-26 empowers Councils to pass Bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property;
AND WHEREAS the Section 7(b) of the Municipal Government Act, R.S.A. 2000, c. M-26 empowers Councils to pass Bylaws for municipal purposes respecting people, activities and things in, on or near a public place or place that is open to the public;
AND WHEREAS Section 8(a) of the Municipal Government Act, R.S.A. 2000, c. M-26 further states that Council may pass a bylaw to regulate an activity and Section 9(b) further empowers a Council to respond to present and future issues in their municipality;
AND WHEREAS the Novel Coronavirus is present within the Town of Banff, and it causes the disease COVID-19 that is readily communicable from person to person and carries a risk of serious complications such as pneumonia or respiratory failure, and may result in death;
AND WHEREAS the spread of COVID-19 has been declared a pandemic by the World Health Organization on 2020 March 11;
AND WHEREAS there exists a pressing need for establishments to implement appropriate measures and regulations to better prevent the spread of COVID-19 and protect the health, safety and well-being of the residents of, and visitors to, the town of Banff within both enclosed public spaces and the Pedestrian zone where physical distancing is often difficult to maintain; Amended 2020.09.21 Bylaw 443 Amended 2020.08.14 Bylaw 438
AND WHEREAS there exists a pressing need for establishments to implement appropriate measures and regulations to better prevent the spread of COVID-19 and protect the health, safety and well-being of the residents of, and visitors to, the town of Banff within enclosed public spaces where physical distancing is often difficult to maintain;
AND WHEREAS the mandatory requirement to wear masks is further deemed to be a reasonable, practicable, and effective method of limiting the spread of COVID-19, when combined with other health measures, for the health, safety and well-being of residents of, and visitors to, the town of Banff; Amended 2020.09.21 Bylaw 443
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have strongly recommended that Albertans wear masks or face coverings to limit the spread of COVID-19 where physical distancing cannot be maintained;
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Redlined Version to Reflect Amendments Outline in Bylaw 458
AND WHEREAS the Government of Alberta and the Chief Medical Officer of Alberta have ordered by way of Chief Medical Officer of Health (CMOH) Order 22-2021, effective 2021 May 13, that all Albertans wear masks or face coverings to protect them from exposure to COVID-19 and to prevent the spread of COVID-19;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
1.0 CITATION
1.1 This Bylaw may be cited as the Temporary Mandatory Mask Bylaw.
2.0 DEFINITION
2.1 In this Bylaw, words have the meanings set out in the Municipal Government Act, R.S.A. 2000, c. M-26, except that:
a) Bylaw Services Officer means an employee of the Town who has been appointed to the position of Bylaw Enforcement Officer or Bylaw Services Officer pursuant to the Bylaw Enforcement Officers Bylaw or Town of Banff Land Use Bylaw;
b) Cohort means small groups of people whose members, who are always the same individuals, do not always keep two (2) metres apart, and who limit close interactions to those same people within their own cohort group rather than switching daily contacts or engaging in close interactions with others outside that circle;
b) CMOH Order 2021-22 means the Chief Medical Officer of Health Order 2021-22 issued to implement additional measures respecting masking which have been deemed necessary to protect Albertans from exposure to COVID-19 and to prevent the spread of COVID-19 throughout the Province of Alberta;
c) Enclosed Public Space or Establishment means the interior area of any building or structure to which the public is invited or permitted access, either expressly or by implication regardless of whether a fee is charged for entry, in order to receive or to provide goods or services, including but not limited to the public areas of the following:
i. Restaurants, cafés, cafeterias, and outdoor patios associated with these establishments; ii. Retail establishments including exterior merchandise displays; iii. Shopping malls or similar structures that contain multiple places of businesses; iv. Grocery stores; v. Churches, mosques, synagogues, temples, or other places of worship; vi. Libraries, museums, art galleries, recreational facilities, cinemas, theatres, concert venues, special event venues, convention centers, or other similar entertainment, cultural, or leisure facilities;
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vii. Common areas of sports facilities, sports clubs, gyms, yoga studios, or other similar Establishments, such as lobbies, elevators, and locker rooms/ changing rooms; viii. Common areas of hotels, motels, and other short-term rentals, such as lobbies, elevators, meeting rooms or other common use facilities; ix. Health and wellness facilities and personal services facilities; x. Temporary facilities, such as construction trailers and temporary sales offices; xi. Municipal facilities, including Town Hall, and any community centre, cultural, arts or leisure centre, recreational or sporting facility, parks building, client service centre or indoor parking facility; and, xii. Other businesses, organizations and places that are permitted to operate in accordance with the Government of Alberta’s Relaunch Strategy.
Provided that the following are not considered an Enclosed Public Space for the purposes of this Bylaw: xiii. Schools, as defined by the School Act, RSA 200 c S-3; xiv. Day Care facilities, as defined in the Town of Banff Land Use Bylaw; xv. Portions of buildings that are being used for the purpose of providing day camps; xvi. Offices of professional service providers such as lawyers and accountants where clients receive services in areas not open to the general public; xvii. Hospitals, independent health facilities, and offices of regulated health professionals; and xviii. School Bus, as defined in the Town of Banff Traffic Bylaw. d) Mask means a cloth, surgical, or medical face covering that securely covers the nose, mouth, and chin, is in contact with the surrounding face without gapping, and effectively filters respiratory droplets; Amended 2020.11.23 Bylaw 444 e) Operator means the person or organization who is the registered land owner as per the Town of Banff’s Tax Roll or the person who controls, governs, directs, or is responsible for the activity carried on within the Enclosed Public Space or Establishment and can include the person who is actually in charge at any particular time; f) Peace Officer means the following persons while that person is in the exercise or discharge of their power or duties: a Community Peace Officer appointed under the Peace Officer Act, a member of the Royal Canadian Mounted Police, or a park warden appointed under the National Parks Act of Canada; g) Pedestrian Zone means an outdoor pedestrian area, including but not limited to such areas as a sidewalk, alleyway, and public gathering space, located within the townsite as depicted in Schedule A to this Bylaw; Amended 2020.09.21 Bylaw 443 Amended 2020.08.14 Bylaw 438 Amended 2020.11.30 Bylaw 449 h)g) Person included a corporation and the heirs executors, administrators, or other legal representatives of a person; i)h) Public Vehicle means a bus, taxi, or other vehicle that is used to transport members of the public for a fee;
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j)i) Town of Banff or Town means the Corporation of the Town of Banff and, where the context requires, the land included within the boundaries of the Town of Banff;
k)j) Town of Banff Notice of Offence means any ticket or tag, in a form approved by the Town or authorized under the Provincial Offences Procedures Act, issued for any offence in which a penalty may be paid out of court in lieu of appearing to answer a summons.
3.0 INTERPRETATION
3.1 No provisions of this Bylaw are intended to conflict with a Federal or Provincial statue, regulation, or order, including an order made under the Emergency Management Act. RSA 200, c E-6.8, as amended.
4.0 EXEMPTIONS
4.1 This Bylaw does not apply to:
a) A child who is younger than two (2) years of age, or a child who is under five (5) years of age chronologically or developmentally and who refuses to wear a Mask and cannot be persuaded to do so by their caregiver;
b) A Person with a medical condition, including breathing or cognitive difficulties, or a disability, that prevents them from safely wearing a Mask;
c) A Person who is unable to put on or remove their Mask without the assistance of another Person;
d) A Person who is hearing impaired, or communicating with a Person who is hearing impaired, where the ability to see the mouth is essential for communication;
e) A Person who needs to temporarily remove their Mask, provided they are able to maintain a distance of at least six feet from any Persons who are not members of the same household or Cohort, for the purposes of:
i. Receiving services that require the removal of their Mask; ii. Actively engaging in athletic or fitness activity in an Establishment such as a sports facility, sports club, gym, yoga studio, or other similar Establishments; iii. Consuming food or drink; or iv. An emergency or medical purpose.
f) Those outdoor spaces not included in the Pedestrian Zone as depicted in Schedule A of this Bylaw.
f) Any other exceptions as set out in CMOH Order 22-2021.
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4.2 A Person who is employed by, or is an agent of, the Operator of an Enclosed Public Space is not obligated to wear a Mask while:
a) In an area of the premises that is not designated for public access; or b) When located either within or behind a physical barrier including but not limited to a Plexiglas barrier.
5.0 MANDATORY MASK IN ENCLOSED PUBLIC SPACES
5.1 Subject to Section 4, Exemptions, every Person who enters or remains in an Enclosed Public Space shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.2 Persons who are in line to enter into an Enclosed Public Space shall wear a Mask in a manner that covers their mouth, nose, and chin.
5.3 The Operator of an Enclosed Public Space shall post, at every entrance to the Establishment used by the public, prominent and clearly visible signage that contains the following messages:
All persons entering or remaining in these premises must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436.
5.4 The Operator of an Enclosed Public Space shall ensure the availability of hand sanitizing stations at all public entrances of the Establishment.
5.5 The Operator of an Enclosed Public Space shall ensure all employees are aware of the regulations as set out in this Bylaw and shall create a policy for their specific Establishment addressing it.
5.6 A Person must wear a Mask in a Public Vehicle, unless the Person is separated from other Persons by an installed screen, shield, or other barrier.
6.0 MANDATORY MASK IN THE PEDESTRIAN ZONE
6.1 Subject to Section 4, Exemptions, every Person who enters or remains in the Pedestrian Zone shall wear a Mask in a manner that covers their mouth, nose, and chin.
6.2 The Town of Banff shall post prominent and clearly visible signage that contains the following message throughout the Pedestrian Zone:
All persons entering or remaining in this area must wear a mask or face covering that covers the nose, mouth, and chin as required pursuant to Town of Banff Bylaw 436. Amended 2020.09.21 Bylaw 443
6.3 The Town shall ensure, wherever possible:
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a) That every person who is not wearing a Mask when entering into the area is provided with a verbal reminder to do so and, if applicable, of the exemptions set out in Section 4. Amended 2020.09.21 Bylaw 443
6.4 The Town shall provide hand sanitizing stations throughout the Pedestrian Zone.
6.5 [DELETED] Amended 2020.09.21 Bylaw 443
6.6 [DELETED] Amended 2020.09.21 Bylaw 443
7.0 VIOLATIONS AND ENFORCEMENT
7.1 Enforcement of this Bylaw is the sole responsibility of the Town of Banff Bylaw Enforcement or a Peace Officer.
7.2 Any Person found to be violating any provision of this Bylaw is guilty of an offence and may be served by the Town of Banff Bylaw Enforcement, or a Peace Officer, with a verbal or written notice stating the nature of the violation and may be provided with a reasonable time limit for the satisfactory correction thereof.
7.3 Any person who hinders or obstructs a person lawfully carrying out the enforcement of this Bylaw is guilty of an offence.
7.4 When a Person is alleged to have contravened any provision of this Bylaw, a Bylaw Services Officer or Peace Officer may issue a Town of Banff Notice of Offence which shall state:
a) The nature of the offence;
b) The penalty payable in connection with the offence; and
c) The time period within which the penalty must be paid.
7.5 A Town of Banff Notice of Offence shall be deemed to be sufficiently served for the purposes of this Bylaw if served personally on the accused.
7.6 In lieu of prosecution, the individual named in a Town of Banff Notice of Offence may elect to voluntarily make payment to the Town of the penalty amount specified in the Town of Banff Notice of Offence.
7.7 If the payment specified in the Town of Banff Notice of Offence is not paid in accordance with the terms of the Notice of Offence and in the time required by the Notice of Offence, a prosecution may be commenced for the alleged contravention of this Bylaw. Notwithstanding the foregoing, nothing in this Bylaw shall prevent any Bylaw Services Officer or Peace Officer from issuing a violation ticket pursuant to the provisions of the Provincial Offences Procedure Act or from laying an information in lieu of issuing a Town of Banff Notice of Offence.
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7.8 A fine of $150 is liable to:
a) A Person who is convicted of an offence under this Bylaw; and b) An Operator who fails to display the prescribed signage.
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8.0 SEVERABILITY
8.1 If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw.
9.0 SCHEDULES
9.1 Schedule “A” forms part of this Bylaw. Amended 2020.08.14 Bylaw 438
10.0 ENACTMENT
10.1 This Bylaw comes into force at 12:00 p.m. noon on 2020 July 31.
10.2 This Bylaw remains in effect until:
10.2.1 CMOH Order 2021-22 is rescinded by the Chief Medical Officer of Health for the Province of Alberta; or 10.2.2 Renewed or extended by a duly enacted Bylaw of the Council or the Town of Banff.
READ A FIRST TIME this 27th day of July, 2020.
READ A SECOND TIME, as amended, this 27th day of July, 2020.
READ A THIRD TIME, as amended, this 27th day of July, 2020.
SIGNED AND PASSED this 27th day of July, 2020.
On Original Karen Sorensen Mayor
On Original Kelly Gibson Town Manager
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.2 Attachment 7
Mayor Don Iveson 2nd Floor, City Hall 1 Sir Winston Churchill Square Edmonton, Alberta T5J 2R7
Mayor Naheed Nenshi Calgary Mayor’s Office 800 Macleod Trail SE Calgary, Alberta T2P 2M5
June 3, 2021
EZMSA Office Suite 201 12315 Stony Plain Road NW Edmonton, Alberta T5N 3Y8
Re: Alberta’s Open for Summer Plan
Dear Mayor Iveson and Mayor Nenshi:
As you are aware, the EZMSA’s Strategic COVID-19 Pandemic Committee has expressed concern about Stage 3 of Alberta’s Open for Summer plan which could occur on June 24th. Currently, 36% of Albertans over the age of 12 have had no dose of the COVID vaccine, 64.4% a single dose and only 10.4% are fully protected. Given this low level of full protection, the known ability of the new delta variant (formerly B.1.617.2, “Indian variant”) to spread more rapidly than previous variants, and the delta variant’s ability to infect two-thirds of those with only a single dose, it is clear that lifting all restrictions, including the ban on indoor social gatherings, is a bad idea. This reckless relaxing of precautions and allowing super-spreader events to take place is likely to jeopardize the smooth reopening of schools and workplaces in the fall.
The purpose of this letter is to ask that you consider taking the brave and meaningful steps you and your city councils took earlier in the epidemic, when the government was not prepared to act to protect its citizens. Your actions then, particularly in August of last year to mandate masks in indoor spaces, made a difference in controlling the spread of the virus and preventing disease in Edmontonians and Calgarians.
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Our Committee strongly urges you to take similar actions during this Stage 3 of the province’s reopening plan, that is, requiring that masks be worn in indoor spaces until such time as 70% of your respective city’s populations have received two doses of COVID vaccine.
Thank-you for considering this matter.
Sincerely,
Dr. Noel Gibney
Dr. James Talbot Co-Chairs, Strategic COVID-19 Pandemic Committee Edmonton Zone Medical Staff Association
CC: Dr. Erika MacIntyre, President, EZMSA Dr. Scott Beach, President, Calgary and Area Medical Staff Society Mr. Bin Lau, Strategic Advisor to the Mayor, City of Edmonton Ms. Devery Corbin, Chief of Staff, City of Calgary
Page 2 of 2 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 REQUEST FOR DECISION Subject: Reconsideration of the 2021 Governance and Finance Committee and Council Calendar
Presented to: Council Date: 2021 June 28
Submitted by: Libbey McDougall, Item #: 8.3 Municipal Clerk
RECOMMENDATION That Council, pursuant to Section 3.6 of Procedures Bylaw 44-7, as amended, suspend Subsections 13.12 a) and b), to reconsider the 2021 Governance and Finance Committee and Council Calendar as follows:
1. By cancelling:
• The 2021 October 12 Regular Meeting of the Governance and Finance Committee; and • The 2021 October 12 Regular Meeting of Council;
2. By scheduling:
• A Regular Meeting of the Governance and Finance Committee for Monday 2021 October 04, at 9:00 a.m.; and • A Regular Meeting of Council for Monday, 2021 October 04, at 9:00 a.m.
BACKGROUND
Reason for Report In accordance with Section 193 (1) of the Municipal Government Act, Council “may decide at a council meeting at which all the councillors are present to hold regularly scheduled council meetings on specified dates, times and places”. Each year at the Annual Organizational Meeting, Council considers and approves a meeting schedule for the upcoming year.
Summary of Issue Council traditionally meets on the second and fourth Monday of every month at 2:00 p.m. In the case of a statutory holiday, Council will meet on the first working day following the holiday.
The Governance and Finance Committee was established in 2015 with a purpose to enable Committee Members to maintain continuing oversight of the governance, policy and financial affairs of the Town of Banff where the focus is on broader and more strategic items. These meetings serve as an opportunity for Committee Members to seek clarification on matters relating to Council business. In 2019, due to the increasing length of Council meeting Agendas, Administration proposed that a Governance and Finance Committee meeting be scheduled for the morning of each scheduled Council meeting. This practice continued in 2021.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Council set the 2021 Governance and Finance Committee (GFC) and Council meeting schedule as part of their 2020 Virtual Annual Organizational Meeting of Council. For the month of October, the first meeting day for both the GFC and Council is Tuesday, 2021 October 12. This day will be the last regular meetings prior to the 2021 Municipal Election.
Planning for the Election is underway, and it is anticipated that the Town of Banff will hold at least three Advance Polling days. The first of which is anticipated to take place the Thanksgiving weekend (October 09 – October 11) so as to provide an opportunity for university students who have come home for the holiday to vote. While the next dates are anticipated to take place later the following week.
Administration is recommending the Council amend their 2021 Calendar so that the last regular meetings of 2017-2021 Council occur on Monday 2021 October 04, prior to the first anticipated Advance Polling day.
To formally amend the 2021 Governance and Finance Committee and Council Calendar, Council must first suspend the following Subsections of the Procedures Bylaw 44-7, as amended:
13.12 An adopted motion may be revisited at a subsequent Meeting at which the original motion was decided via a motion to rescind or amend something previously adopted provided it has not been acted upon. The motion:
a) Requires a notice of motion; b) May be made by a Member who voted on the prevailing side, a Member who was not present when the vote was taken on the motion in question, or any Member after six months have passed;
Section 3.6 of Procedures Bylaw 44-7, as amended, states that “In the absence of statutory obligations, any provisions of this bylaw may be temporarily altered or suspended on a case-by-case basis by a majority vote of the Members present or by Unanimous Consent.”
Response Options Council may:
1. Amended the 2021 Governance and Finance Committee and Council Calendar as proposed; or 2. Propose further amendments to the 2021 Governance and Finance Committee and Council Calendar.
IMPLICATIONS OF DECISION Budget N/A
Internal Resources N/A
Council Report: Reconsideration of the 2021 Governance and Finance Item #: 8.3 Committee and Council Calendar Page 2 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Communication The Revised 2021 Governance and Finance Committee and Council Calendar will be posted through www.banff.ca
Banff Community Plan N/A
Council Strategic Priorities N/A
Legislation/Policy Procedures Bylaw 44-7, as amended, outlines how Council may reconsider its decisions.
Section 193 (1) of The Municipal Government Act states that Council “may decide at a council meeting at which all the councillors are present to hold regularly scheduled council meetings on specified dates, times and places.” Council determined its 2021 Governance and Finance Committee and Council Calendar as part of the 2020 October 26 Virtual Annual Organizational Meeting of Council by way of motion COU20-300.
Other N/A
ATTACHMENTS Attachment: 2021 Governance and Finance Committee and Council Calendar
Submitted By: On Original Libbey McDougall, Municipal Clerk
Reviewed By: On Original Kelly Gibson, Town Manager
Council Report: Reconsideration of the 2021 Governance and Finance Item #: 8.3 Committee and Council Calendar Page 3 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 Attachment
2021 COUNCIL & GOVERNANCE AND FINANCE COMMITTEE CALENDAR
2021 January Meeting Meeting Type Time Location
Monday, January GFC Service Review 9:00 a.m. – 12:00 Council 11 p.m. Chamber*
Monday, January GFC Regular 9:00 a.m. Council 11 Chamber*
Monday, January Council Regular 2:00 p.m. Council 11 Chamber*
Wednesday, GFC Service Review 9:00 a.m. – 4:00 Council January 13 p.m. Chamber*
Friday, January 15 GFC Service Review 9:00 a.m. – 4:00 Council p.m. Chamber* Monday, January GFC Service Review 9:00 a.m. – 4:00 Council 18 p.m. Chamber*
Wednesday, GFC Service Review 9:00 a.m. – 4:00 Council January 20 p.m. Chamber*
Friday, January 22 GFC Service Review 9:00 a.m. – 4:00 Council p.m. Chamber* Monday, January GFC Service Review 9:00 a.m. – 12:00 Council 25 p.m. Chamber*
Monday, January GFC Regular 9:00 a.m. Council 25 Chamber*
Monday, January Council Regular 2:00 p.m. Council 25 Chamber*
Wednesday, Council Special: Budget 9:00 a.m. – 4:00 Council January 27 p.m. Chamber*
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 Attachment 2021 February Meeting Meeting Type Time Location
Monday, February GFC Regular 9:00 a.m. Council 08 Chamber*
Monday, February Council Regular 2:00 p.m. Council 08 Chamber*
Monday, February GFC Regular 9:00 a.m. Council 22 Chamber*
Monday, February Council Regular 2:00 p.m. Council 22 Chamber*
2021 March Meeting Meeting Type Time Location
Monday, March GFC Regular 9:00 a.m. Council 08 Chamber*
Monday, March Council Regular 2:00 p.m. Council 08 Chamber*
Monday, March GFC Regular 9:00 a.m. Council 22 Chamber*
Monday, March Council Regular 2:00 p.m. Council 22 Chamber*
2021 April Meeting Meeting Type Time Location
Monday, April 12 GFC Regular 9:00 a.m. Council Chamber*
Monday, April 12 Council Regular 2:00 p.m. Council Chamber*
Tuesday, April 20 Council Special 1:00 p.m. Council Chamber*
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 Attachment Monday, April 26 GFC Regular 9:00 a.m. Council Chamber*
Monday, April 26 Council Regular 2:00 p.m. Council Chamber*
Monday, April 26 Council Special 9:00 a.m. Council Chamber*
2021 May Meeting Meeting Type Time Location
Monday, May 03 Council Special 1:00 p.m. Council Chamber*
Monday, May 10 GFC Regular 9:00 a.m. Council Chamber*
Monday, May 10 Council Special 9:00 a.m. Council Chamber*
Monday, May 10 Council Regular 2:00 p.m. Council Chamber*
Tuesday, May 25 GFC Regular 9:00 a.m. Council Chamber*
Tuesday, May 25 Council Regular 2:00 p.m. Council Chamber*
2021 June Meeting Meeting Type Time Location
Monday, June 14 GFC Regular 9:00 a.m. Council Chamber*
Monday, June 14 Council Regular 2:00 p.m. Council Chamber*
Monday, June 28 GFC Regular 9:00 a.m. Council Chamber*
Monday, June 28 Council Regular 2:00 p.m. Council Chamber*
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 Attachment 2021 July Meeting Meeting Type Time Location
Monday, July 12 GFC Regular 9:00 a.m. Council Chamber*
Monday, July 12 Council Regular 2:00 p.m. Council Chamber*
2021 August Meeting Meeting Type Time Location
Monday, August GFC Regular 9:00 a.m. Council 09 Chamber*
Monday, August Council Regular 2:00 p.m. Council 09 Chamber*
2021 September Meeting Meeting Type Time Location
Monday, GFC Regular 9:00 a.m. Council September 13 Chamber*
Monday, Council Regular 2:00 p.m. Council September 13 Chamber*
Monday, GFC Regular 9:00 a.m. Council September 27 Chamber*
Monday, Council Regular 2:00 p.m. Council September 27 Chamber*
2021 October Meeting Meeting Type Time Location
Tuesday, October GFC Regular 9:00 a.m. Council 12 Chamber*
Tuesday, October Council Regular 2:00 p.m. Council 12 Chamber*
Monday, October Council Swearing In 2:00 p.m. Council 25 Ceremony Chamber*
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 Attachment 2021 November Meeting Meeting Type Time Location
Monday Council AOM 9:00 a.m. Council November 01 Chamber*
Monday, GFC Regular 9:00 a.m. Council November 08 Chamber*
Monday, Council Regular 2:00 p.m. Council November 08 Chamber*
Monday, GFC Regular 9:00 a.m. Council November 22 Chamber*
Monday Council Regular 2:00 p.m. Council November 22 Chamber*
Monday, GFC Service Review 9:00 a.m. – 4:00 Council November 29 p.m. Chambers*
2021 December Meeting Meeting Type Time Location
Wednesday, GFC Service Review 9:00 a.m. – 4:00 Council December 01 p.m. Chamber*
Monday, GFC Service Review 9:00 a.m. – 12:00 Council December 06 p.m. Chamber*
Monday, Council Regular 2:00 p.m. Council December 06 Chamber*
Wednesday, GFC Service Review 9:00 a.m. – 4:00 Council December 08 p.m. Chamber*
Monday, GFC Service Review 9:00 a.m. -12:00 Council December 13 p.m. Chamber*
Monday, Council Regular 2:00 p.m. Council December 13 Chamber*
Wednesday, GFC Service Review 9:00 a.m. – 4:00 Council December 15 p.m. Chamber*
Monday, GFC Service Review 9:00 a.m. – 4:00 Council December 20 p.m. Chamber*
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.3 Attachment
Meeting Type Original Date Start Time New Date Location Motion Number Service Review 2021 January 11 Cancelled No Agenda Meeting of Items GFC Service Review 2021 January 13 Cancelled COU21-8 Meeting of GFC Service Review 2021 January 15 Cancelled COU21-8 Meeting of GFC Service Review 2021 January 25 Cancelled COU21-8 Meeting of GFC Regular New Meeting 9:00 a.m. 2021 January Council COU21-8 Meeting of 25 Chamber* GFC Special Meeting New Meeting 1:00 p.m. 2021 April 20 Council COU21-111 of Council Chamber* Regular 2021 April 26 Cancelled No Agenda Meeting of Items GFC Special Meeting New Meeting 9:00 a.m. 2021 April 26 Council Called by of Council Chamber* Mayor Special Meeting New Meeting 1:00 a.m. 2021 May 03 Council Called by of Council Chamber* Mayor Regular 2021 May 10 Cancelled No Agenda Meeting of Items GFC Special Meeting New Meeting 9:00 a.m. 2021 May 10 Council Called by of Council Chamber* Mayor
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.4 REQUEST FOR DECISION Subject: Central Park Pedestrian Bridge – Update and Naming
Presented to: Council. Date: 2021 June 28
Submitted by: Adrian Field, Item #: 8.4 Director of Engineering, and Jason Darrah, Director Communications & Marketing
RECOMMENDATION That Council approve the recommended name of the future pedestrian bridge connecting Central Park and the Recreation Grounds as “The Nancy Pauw Bridge,” in accordance with the Naming and Sponsorship Policy C1009 and in recognition of the Wim & Nancy Pauw Foundation’s support for the creation of the Bow River pedestrian/cyclist crossing and the Foundation’s longstanding and ongoing contributions to recreation in the Bow Valley.
BACKGROUND Reason for Report
• To provide an update of the procurement, design, regulatory approvals, consultation and construction schedule for the pedestrian/cyclist bridge at Central Park • To provide Council with the opportunity to name the bridge.
Summary of Issue A bridge connection between Central Park and the Recreation Grounds (as well as the attractions and historic sites on both sides of the river) has been envisioned since the 1914 “Report on Design for the Layout of Banff Town Site” by Thomas H. Mawson & Sons.
In 2007 and 2008, a bridge was contemplated and approved but experienced technical and budgeting challenges and was cancelled pending further funding becoming available.
In 2013, a first pedestrian bridge was completed at Muskrat Street, primarily to replace the aging sanitary sewer mainline, without constructing a new pipe in the riverbed. The new pedestrian bridge hid the utility pipe with the bridge structure and provided a crossing for residents wanting to commute by active modes of transportation and for visitors walking or cycling from downtown to the popular Bow Falls and other tourist attractions. The Town of Banff records 5,000 crossings per day, in peak season, on this pedestrian bridge, for a total of 900,000 crossings in 2019.
The original location crossing of the Bow River at Central Park remained a Council priority to further advance the goal of fostering active modes of transportation and to increase winter safety, to prevent residents and visitors from crossing the frozen river in unsafe conditions.
The new pedestrian and cyclist crossing has been supported by Banff residents in multiple consultations over the past 30 years, and it is a key project in the Transportation Master Plan and the Town of Banff Strategic Plan. The bridge supports the Town’s priority for sustainable transportation and reduced vehicle traffic within the townsite. The bridge will create a valuable pathway for pedestrians and cyclists travelling between downtown, the popular recreation area, and the Cave & Basin National Historic Site, which is the birthplace of Canada’s national parks system. Council Report: Central Park Pedestrian Bridge – Update and Naming Item #: 8.4 Page 1 of 9
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With more than 4 million visitors to Banff each year, the bridge will ease traffic flow across the main Bow River Bridge, provide a safe winter crossing for residents in the Cave Avenue and Birch Avenue areas, and encourage visitors and residents to enjoy our town in a vehicle-free manner. Banff’s most recent municipal census (2017) identified 48% of the population commute to work by bicycle or walking in the winter, and 62% in summer. The new bridge is expected to increase those rates.
The bridge will dramatically expand access to the town’s open space, and the potential for events and activities, by connecting Central Park with the Recreation Grounds. The bridge will also provide the “last mile” to connect Roam Transit routes centred in the downtown core with attractions and neighbourhoods in the southwest corner of the town site, and to all major destinations in Banff National Park.
The Central Park pedestrian bridge has been listed in the capital plan under “No Year Identified” because adequate funding was not secured.
In January 2020, the Wim and Nancy Pauw Foundation committed to donate $2.5 million towards designing and building the bridge, pending other funders close a shortfall for the $5.5 million project. The project received $800,000 from the Town of Banff in the 2020 budget process, subject to approval of a $2.2 million grant from the Government of Canada. In May 2021, the federal government confirmed investing $2.2 million in this project through the Public Transit Infrastructure Stream (PTIS) of the Investing in Canada Plan.
Design, permitting, consultation, construction update A Request for Expressions of Interest was issued in December 2020 and received 10 responses from qualified design-build teams. Following approval of the federal funding in early 2021, a Request for Proposals (RFP) was issued to three shortlisted teams; three responses were received in May 2021. Following extensive review of the responses and an interview process, StructureCraft was awarded the contract for the design-build of the structure. Renderings of the bridge are provided below and in the attached presentation.
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The selected design is a glulam arch with structural steel support which has many positive design attributes including:
• The ability to maintain max 5% slope for the entirety of the deck and approach ramps; • Minimizing encroachments into Central Park and the Recreation Grounds; • The use of natural materials and adherence to the Banff Design Guidelines; • The structure is entirely out of the water for all but extreme flood events; • The arch will create minimal interference with landscape views, while providing enough clearance for elk migration passage in winter; • Construction activities associated with the foundation and abutments can occur above the waterline – greatly minimising environmental impacts during construction; and • The use of wood as the principal construction material - and associated reduction on embodied carbon - vs steel construction.
Detail design is ongoing and the regulatory approvals process is underway with:
• The Department of Fisheries and Oceans; • Transport Canada Navigation Protection Program; and • Parks Canada (Basic Impact Assessment process underway with July submission pending).
The Federal funding to communities through the Investing in Canada Plan provides long-term, stable funding delivered by Infrastructure Canada to:
• Help communities reduce air and water pollution, provide clean water, increase resilience to climate change and create a clean-growth economy; • Build strong, dynamic and inclusive communities; and • Ensure Canadian families have access to modern, reliable services that improve their quality of life.
Under the program, project proponents are encouraged to engage with Indigenous groups early on in the project planning phase. This allows project proponents to provide project information to Indigenous groups and provide them with the opportunity to ask questions, note any concerns, or offer support for the project. Project proponents are then able to consider concerns and answer questions prior to submitting their application for funding, creating a more efficient, timely and streamlined approval process.
Once an application for project funding is received, Infrastructure Canada reviews the information provided by the project proponent and considers whether any further information or further Indigenous consultation is required. Infrastructure Canada requested that the Town of Banff proceed with a process for confirming the existence of the following:
1. Potential for the project to have adverse impacts on Aboriginal and/or treaty rights. There must be a link between the funding of a project and the project's potential negative impacts on an Indigenous groups’ Aboriginal or treaty rights.
Infrastructure Canada reviews the information from the proponent and considers whether the project may cause changes to the environment, such as changes to surface water, groundwater, and land resources. If changes to the environment are identified, the Department considers Council Report: Central Park Pedestrian Bridge – Update and Naming Item #: 8.4 Page 4 of 9
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whether these changes could result in adverse (ie: hostile, unfavourable, or harmful) impacts to Aboriginal and/or treaty rights in the project area and/or in neighboring communities.
2. The existence (claimed or established) of Aboriginal and/or treaty rights in the project area. Infrastructure Canada reviews the information provided by the proponent and reviews the Federal Aboriginal and Treaty Rights Information System (ATRIS) to determine which Indigenous groups may potentially be adversely impacted by a Project and should be consulted.
If a project might adversely impact one or more Indigenous group, the Department has a legal duty to consult and where appropriate to accommodate, which it needs to fulfill prior to providing funding to the proponent.
The Town of Banff notified, provided project information and an opportunity for each of the following Treaty 7 First Nations and Métis Nation of Alberta Region 3 to ask questions, note any concerns, or offer support for the project:
• Bearspaw First Nation (Stoney-Nakoda); • Chiniki First Nation (Stoney-Nakoda); • Wesley First Nation (Stoney-Nakoda); • Blood Tribe (Kainai Nation) (Blackfoot); • Piikani Nation (Blackfoot); • Siksika Nation (Blackfoot); and • Tsuut'ina Nation (Sarcee).
To date, six of the above noted First Nations have expressed an interest in the project along with the Métis Nation of Alberta Region 3. It is expected the results of engagement with Indigenous groups will be finalized within the next six weeks.
Subject to the various regulatory approvals, construction is targeted to start onsite at low water in the fall of 2021. If this start date can be met, completion of the bridge construction could be achieved in the summer of 2022.
Naming: The Wim & Nancy Pauw Foundation represents the philanthropic efforts of a hospitality company founded and based in Banff. Funded by the profits of Banff Caribou Properties, Ltd., and Banff Lodging Company, the goal of the Foundation is to reinvest in Banff, supporting projects that contribute to a more active, vibrant and happy community.
Between 2013 and 2020, the Wim & Nancy Pauw Foundation has gifted $2,127,000 to grassroots community initiatives that meet one of three pillars: Active Lifestyles, Enhancing Education, and Community Building.
In March 2021, for the second year, the Foundation donated $90,000 to the Town of Banff to ensure youth and young adults have access to recreational activities at an affordable price. The donation supports a variety of recreation programs offered by the town, including $19,000 for the town’s Mountain Adventurers out of school programs, $18,000 to fund the Summer Youth Drop-In program, and $10,000 has been earmarked to support programs at The Basement youth drop-in centre. The Council Report: Central Park Pedestrian Bridge – Update and Naming Item #: 8.4 Page 5 of 9
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Foundation has also allocated $33,000 to the BanffLIFE Mountain Adventure program for residents between 18 and 30 years, and the Mountain Life program for the 30 plus age group. These contributions represent only a small portion of the funding the Foundation has provided for the benefit of Banff and Bow Valley residents.
This $2.5 million donation to the Town of Banff for the bridge project is the first capital donation the Wim & Nancy Pauw Foundation has approved.
In 2020, Gord Lozeman, Board Chair for the Wim & Nancy Pauw Foundation explained the reason for the capital investment:
The Wim & Nancy Pauw Foundation supports active lifestyles and mountain recreation. We support the vision for a pedestrian and cycle friendly town. Getting this bridge built will expand the trail network and will help get people to more areas of the Park without increasing traffic. It will also create a beautiful viewpoint for residents and visitors.
In recognition of the contributions of the Wim & Nancy Pauw Foundation to our community, Administration recommends Council name the new pedestrian and cyclist bridge the “Nancy Pauw Bridge.”
The Naming and Sponsorship Policy provides the following guidance:
Municipal Naming of Town of Banff properties and assets (such as parks, buildings, structures and neighbourhoods) is the process for Town Council to assign a long-term or permanent name, in order to provide unambiguous identification of locations to enhance navigation within the Banff town site. Municipal Naming also serves as a means to celebrate our culture, role in the national park, and the unique identity of this mountain community, its heritage, geography, flora, fauna or natural features associated with the town. Town Council can commemorate important events or honour the outstanding achievements or significant community contributions of groups, organizations or individuals.
Wim Pauw moved to Banff in 1969 where he worked as a front desk agent at the YWCA, a lift operator at the Banff Gondola, and an electrician with Henry’s Electric. He eventually made his fortune building a successful hospitality company in Banff. Wim met Nancy in the 1990s while cycling on a 3,100 mile trans-continental trip from the east coast to the west coast of the United States. Over 22 years together, they grew the company, pursued adventure and learning and maintained a belief in their community as core components of their lives. After a courageous battle with cancer, Nancy Pauw passed away in 2018.
Nancy was passionate about cycling, skiing, and a wide range of sports and outdoor pursuits. The Foundation leaders indicate that Nancy had an active, healthy, and happy life, and this legacy continues to guide the Wim & Nancy Pauw Foundation today.
Since Nancy Pauw has given so much to the community of Banff, and whose principles guide the Foundation’s continued support and inspiration to our community, Administration recommends naming the cycling/pedestrian bridge - a critical connection for active transportation and adventure - to memorialize Nancy Pauw’s legacy.
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The recommended name conforms to the Principles set out in the Naming and Sponsorship Policy, Section 6.2, specifically subsections a, h, and i. In addition, the recommended name follows the Policy Requirements of Section 6.3, and specifically subsection k, l and m, as excerpted:
k) In infrequent circumstances an individual may be commemorated... 1) A person who demonstrates excellence, courage or exceptional dedication to service in ways that bring special credit to the Town of Banff, the Bow Valley, Banff National Park, Province of Alberta, or Canada; 2) A nationally known person who volunteers or gives extraordinary help or care to individuals, families or groups, or supports community services or humanitarian causes... l) When naming a property after an individual, assignment should seek to better reflect the diversity of the Banff community, and demonstrate equal consideration of genders. m) When using a name of an individual, the individual shall be deceased, or in rare circumstances, be retired (and therefore no longer active in their field of expertise).
The Policy also states:
Naming or renaming a Town property, on behalf of an individual event or organization requires the written consent of the named party or the named party’s representative.
Administration has consulted with Wim Pauw and the Wim & Nancy Pauw Foundation leadership and both are in support of this recommended commemoration.
According to the Procedures of the Policy (Section 6.4), the Town Manager will submit up to three shortlisted names for consideration by Town Council (only one is submitted), and
1) Rationale for each naming or renaming option, with relevance to the property • Nancy Pauw, like so many residents, moved to Banff and prospered, and gave back to the community in significant and generous ways that affect many residents • The bridge represents the active lifestyle and adventure that Nancy Pauw’s own life embodied and inspired • The bridge would not be possible without the guiding legacy of the Foundation that she and Wim Pauw nurtured
2) Any special considerations or due diligence undertaken in evaluating the name, possibly including documented support from relevant stakeholders • Stakeholder family and corporate foundation were consulted and support for this recommended name is embraced
3) Any cost or other implications of assigning a name • Since the bridge is to be built, there are no costs associated with renaming an existing asset
4) A map or illustration, including the address of the Town property • As included above
5) Recommendation of preferred name, or recommendation to not assign a name. • As indicated above: the Nancy Pauw Bridge Council Report: Central Park Pedestrian Bridge – Update and Naming Item #: 8.4 Page 7 of 9
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Response Options Council may:
1. Approve the naming of the pedestrian bridge as the “Nancy Pauw Bridge” in accordance with the Naming Policy C1009 and in recognition of Nancy Pauw’s legacy and the Foundation’s contribution to recreation in the Bow Valley; or 2. Defer a naming decision for the bridge and provide Administration with direction for further information relating to naming the bridge.
IMPLICATIONS OF DECISION
Budget The project is proceeding within total budget of $5.5 million.
Internal Resources The project is being managed by Engineering with input from other departments including Planning, Community Services and Operations.
Banff Community Plan
o Provide a transportation system that encourages and complements pedestrian movements and cycling. o Provide a transportation system that enhances the resident and visitor experience. o Provide a transportation system that is economically and environmentally sustainable. o Improve pedestrian and cyclist safety and enjoyment by creating a defined and contiguous system of pathways throughout the town. o Improve trail connectivity to the national park. o Build a system of open spaces, trails and parks that reinforce connections to the natural environment. o Increase the use of Banff parks and trails.
2019-22 Banff Strategic Plan Targets Include:
o Increase by 100% (over 2018) active mode crossings of the Bow River. o Build a second pedestrian crossing between Central Park and the Recreation Grounds. o Build a minimum of 4 kilometre of additional active mode trails/bike lanes/sidewalks, primarily key linkages and connections.
Communication Details of the bridge construction project will be posted to the Town of Banff website and site signage, with regular construction updates provided to stakeholders and the wider community throughout the construction period.
The name of the bridge will be communicated through the website, GIS information records, information material and commemorative plaque on site.
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ATTACHMENTS Attachment: Design & Construction Update
Submitted By: On Original Adrian Field and Jason Darrah Directors of Engineering and Communications & Marketing
Reviewed By: On Original Kelly Gibson, Town Manager
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Central Park Pedestrian Bridge
Council update June 2021
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Overview
• History of ped bridge at this site • Overview of process so far • Design parameters & site overview • Schedule • Winning bid images & design attributes
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History
• Mawson plan 1914 • 2007/2008 process • ToB project in 10 year capital plan but “No Year Identified” until 2020 • PAUW funding in 2020 • ICIP funding approved applied for in 2019, approved in 2021 • Targeting completion for 2022
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Funding
Pauw Foundation $2.5M Town of Banff $800k Investing in Canada Infrastructure Programme $2.2M Total $5.5M
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Procurement process
• Expression of interest issued December 2020 - Ten responses • Request for Proposal issued March 2021 to three shortlisted Design-Build groups • RFP is performance based – proponents are scored on their ability to respond to the project objectives • Structurecraft awarded the Design-Build contract in May 2021
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Schedule • Approvals: • Basic Impact Assessment • Department of fisheries and oceans • Transport Canada/Navigable waters • Indigenous consultation • Targeting start on site in Fall 2021 • Completion Summer 2022 • Principal risks are in approvals and consultation
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Questions?
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Naming the bridge • Policy C1009 identifies Council's role in naming municipal assets • Commemorating individuals is possible in certain circumstances • The Nancy Pauw Bridge is recommended in recognition of her inspiration and guidance to the Foundation that gives back to Banff
Page 28 of 28 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.5 REQUEST FOR DECISION Subject: Proposed Election Procedures Bylaw 198-3
Presented to: Council Date: 2021 June 28
Submitted by: Libbey McDougall, Item #: 8.4 Municipal Clerk/Returning Officer
RECOMMENDATION That Council give three readings to proposed Bylaw 198-3, the Election Bylaw (Attachment 1).
BACKGROUND Reason for Report To replace Town of Banff Election Bylaw 198-2.
Summary of Issue Since the 2017 Banff General Election the Local Authorities Election Act has been revised twice by the Government of Alberta. As a result, changes to the Town’s Election Bylaw must be made to ensure legislative compliance and to provide clarity prior to the 2021 General Election.
The current Election Bylaw has been in place since 2007. In this time, the Local Authorities Election Act has undergone significant changes with the two substantial updates since the 2017 election. Proposed Election Bylaw 198-3 repeals Bylaw 198-2, the previous Elections Procedures Bylaw, with the intent to reorganize the contents of the previous Elections Procedures Bylaw. Due to the complexity of the reorganization, administration is asking for a new bylaw rather than amending the previous bylaw.
The Local Authorities Election Act (the “Act”) and the Municipal Government Act (the “MGA”) establish the general rules for the conduct of election for municipal councils and school boards. The Act provides for what an elected authority must and may do with regard to a municipal election. The MGA provides that where Council is required or authorized to do something, it may be done by bylaw.
Proposed Amendment 15 to the Instrument of Entrustment of Local Government Function the Town of Banff addresses, amongst other issues, the changes to the Local Authorities Election Act. This Amendment has not yet been finalized but its approval is anticipated prior to the 2021 election.
The proposed Election Bylaw 198-3 establishes Council’s direction by bylaw as provided at the 2020 December 14 Virtual Regular Meeting of Council:
COU20-447 Moved by Mayor Sorensen
That Council:
1. Appoint Libbey McDougall, Municipal Clerk, as the Returning Officer for the 2021 Municipal Election; 2. Appoint Chris Hughes, Director, Corporate Services as the Substitute Returning Offer for the 2021 Municipal Election; 3. Authourize the returning officer to:
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a. Provide a minimum of one advance vote; b. Assign two deputies to conduct a vote at the residence of any elector, in order to take the votes of an elector, who, because of physical incapacity, is unable to attend a voting station or an advance voting station, to provide them the opportunity to vote on the same days and times of an Advance Vote or Election Day; c. Provide for special ballots, for which application may be made in writing, by telephone, by fax, in person, by e-mail, and by secure website; and d. Designate location for institutional voting stations.
The Act provides that an elected authority must:
Bylaw 198-3 Comments By resolution appoint a substitute returning officer Section 4.2 Directed - COU20-447 By bylaw ensure automated voting system equipment Section 14.2(c) Current practice follows the used for the taking of votes of the electors is not part Act. of or connected to an electronic network before the close of the polls
The Act provides that an elected authority may:
Bylaw 198-3 Comments Enter into an agreement with one or more elected Section 3.1 Current practice authorities for the conduct of an election. By resolution appoint a returning officer Section 4.1 Directed - COU20-447 By bylaw provide that a returning officer may N/A (Section 5.1 Not directed by Council. establish one or more locations in addition to the directs submission Current practice follows the local jurisdiction office, where a deputy may receive to local jurisdiction Act. nominations office) By bylaw require that every nomination be N/A Not directed by Council accompanied by a deposit in the amount specified by bylaw. By bylaw provide for events in circumstances of a Section 6.1 Current practice follow the death of a candidate Act. By bylaw provide for a voting station to be opened Section 10.1 Current practice follows the before 10:00 am Act. Provide for special ballots Section 11.0 Directed COU20-447 Removed “by fax” as the Town has a shared fax system which is not secure for the transmittal of personal information By bylaw direct the secretary to prepare a permanent N/A Not directed by Council. electors register of residents in the municipality who Current practice follows the are entitled to vote in elections. Act.
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By bylaw provide for additional pieces of N/A Not directed by Council. identification required for a person to verify the Current practice follows the person’s name and current address. Act.
By bylaw set out blind elector template N/A No request from elector for template or direction. The Act provides for other forms blind elector assistance at the voting station. By resolution provide, or designate the returning Section 12.1 Directed COU20-477 officer to provide for elector assistance at home voting, who because of physical disability is unable to attend a voting station or and advance voting station By resolution designate, or authorize the returning Section 13.1 Directed - COU20-447 officer to designate the location of one or more institutional voting stations. By bylaw provide for the taking of votes of the Section 14.1 The current practice is to use electors by means of voting machines, vote recorders tabulators to count the votes or automated voting systems, and the bylaw must of the electors. The procedures prescribe… are based on current practices:
[…] the form of the ballot Section 8.0 Current practice follows the Act […] the directions for the marking of the ballot by an Section 15.2 Current practice follows the elector Act […]the directions for voting procedures to be used Section 14.0 & 15.0 Current practices – follow the and followed and 17.0 procedures from the Act as closely as possible By bylaw allow the returning officer to count the Section 16.0 New – the ability to start the special ballot box, advance vote box, and institutional count of the special ballots ballot box starting at 7:30 p.m. on election day early will help expedite the declaration of unofficial results on election night. The advance votes are counted by tabulator at time of voting. By resolution divide the local jurisdiction into voting N/A Not directed. subdivisions and from time to time alter their The Town of Banff is boundaries, or may by resolution authorize the considered one voting returning officer to do so. jurisdiction. By bylaw authorize the returning officer to designate Section 7.1 Current practice more than one voting station for each subdivision. Authorize the presiding deputy to post the printed Section 9.1 New instructions in languages other than English at the voting stations as the local jurisdiction considers appropriate.
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Response Options Council may give three readings to the proposed Election Bylaw 198-3 as presented or amended.
OTHER INFORMATION Budget
Internal Resources The Election Bylaw allows the Town of Banff Returning Officer to administer general elections in an equitable manner.
Communication Proposed Bylaw 198-3 will be posted on the Town of Banff Website if approved by Council.
Banff Community Plan Local Economy Social Environmental
Council Strategic Priorities Bylaw 198-2 is slated for review during a year when a municipal election has been scheduled.
Legislation/Policy Proposed Election Bylaw 198-3 meets all the requirements of the Local Authorities Election Act and the Municipal Government Act.
Other
ATTACHMENTS Attachment 1: Proposed Bylaw 198-3, The Election Bylaw; and Attachment 2: Bylaw 198-2, The Election Bylaw
Circulation date: 2021 June 04
Submitted By: On Original Libbey McDougall, Municipal Clerk/Returning Officer
Reviewed By: On Original Kelly Gibson, Town Manager
Council Report: Proposed Election Bylaw 198-3 Item #: 8.5 Page 4 of 4
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.5 Attachment 1 TOWN OF BANFF BYLAW 198-3 Election Bylaw
A Bylaw of the Town of Banff, in the Province of Alberta, to Delegate Authority and to Establish Election Procedures
The Council of the Town of Banff, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS:
1.0 CITATION
1.1 This bylaw may be cited as the “Election Bylaw”.
2.0 DEFINITIONS
2.1 Unless otherwise specified, words used in this bylaw have the same meaning as defined in the Municipal Government Act, RSA 2000, c M-26 or the Local Authorities Election Act, RSA 2000, C L-21.
2.2 In this bylaw:
a. “secrecy sleeve” means an open-ended envelope, in the form approved by the Returning Officer, intended to be used to cover a ballot card to conceal the markings made by the elector without covering the initials of the deputy;
b. “tabulator” means a vote recorder that reads completed ballots and counts the number of votes: i) for each candidate in an election; ii) for and against the bylaw in a vote on a bylaw; and iii) in the affirmative and in the negative in a vote on a question;
c. “Town” means the Town of Banff.
3.0 JOINT ELECTIONS
3.1 The Director, Corporate Services is authorized to enter into agreements on behalf of the Town, to conduct elections on behalf of another local jurisdiction whose boundaries may or may not be contiguous with the Town but do have areas in common.
4.0 RETURNING OFFICER
4.1 The Municipal Clerk is hereby appointed the Returning Officer for the Town (hereinafter referred to as the “Returning Officer”) for all elections.
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4.2 The Director, Corporate Services is hereby appointed as the substitute Returning Officer for the Town, should the Returning Officer be unavailable or unable to fulfill their duties due to illness, absence or other incapacity.
5.0 NOMINATIONS
5.1 Nominations shall be submitted at the local jurisdiction office at any time during the nomination period.
6.0 DEATH OF A CANDIDATE
6.1 If a candidate dies after being nominated the returning officer must post notice of the death in conspicuous location in all relevant voting stations.
7.0 VOTING STATIONS
7.1 The Returning Officer is authorized to designate more than one voting station and the location of all voting stations for the election.
8.0 FORM OF THE BALLOT
8.1 The Returning Officer must establish the form of ballot for each election and may use a single ballot card of all offices for which an election is being held.
8.2 The names of candidates on each ballot shall be arranged alphabetically in the order of surnames and, if 2 or more candidates have the same surname, the names of those candidates shall be arranged alphabetically in the order of their given names.
9.0 INSTRUCTIONS FOR VOTERS
9.1 The Returning Officer is authorized to post the printed instructions for voters in languages other than English at the voting station as the Returning Officer deems appropriate.
10.0 VOTING HOURS
10.1 All voting stations shall be kept open continuously on election day from 10 a.m. until 8 p.m.
10.2 The presiding deputy shall determine when it is 10 a.m. and when it is 8 p.m.
11.0 SPECIAL BALLOTS
11.1 Electors may vote by special ballot in any Town election.
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11.2 An application for a special ballot may be made to the Returning Officer:
a. in writing;
b. by telephone;
c. in person;
d. by e-mail;
e. by secure website designated by the Returning Officer.
11.3 For a general election:
a. applications for special ballots must be submitted between August 1 of the year in which the general election is held and 4:30 on election day; and
b. completed special ballots must be received by the Returning Officer no later than 7:00 p.m. on election day.
11.4 For any other election or a vote on a bylaw or question, the application periods and receipt deadline for special ballots must be stated in the resolution fixing the date of the election.
12.0 ELECTOR ASSISTANCE AT HOME
12.1 The Returning Officer may provide for the attendance of 2 deputies at the residence of an elector, during the hours of an advance or election day voting station is open, in order to take the votes of an elector who, because of physical disability, is unable to attend a voting station or an advance voting station to vote.
13.0 INSTITUTIONAL VOTING
13.1 The Returning Officer may designate the location of one or more institutional voting stations in addition to all other voting stations.
14.0 USE OF TABULATORS
14.1 The Returning Officer may provide for the taking of votes of electors by means of voting machines, vote recorders, or automated voting systems, and if so provided, will follow the procedures set out in this bylaw.
14.2 When a tabulator is used in an election, the Returning Officer shall:
a. ensure that the tabulator has been pre-tested and is accurate and in good working order;
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b. take whatever reasonable safeguards may be necessary to secure the tabulator against unauthorized access, entry, use, or tampering; and
c. ensure that the tabulator must not be part of or connected to an electronic network, except that the tabulator equipment may be securely connected to a network after the close of polls for the purpose of transmitting information to the local jurisdiction.
14.3 Notwithstanding anything in this bylaw, in the event of a malfunction or unavailability of a tabulator, the Returning Officer may make any directions that they deem necessary to ensure the effective conduct of the election including:
a. The vote procedures to be used;
b. The taking of votes; and
c. The counting of votes.
15.0 VOTING TABULATOR PROCEDURES
15.1 Each elector shall be given one ballot card that has been initialed by the deputy issuing the ballot card and a secrecy sleeve.
15.2 Electors will mark their ballot:
a. by completely filling in the designated space next to the name of the candidate they wish to vote for; and
b. in the case of a ballot for a bylaw or question, by completely filling in the designated space next to the “for” or “against” or “yes” or “no”.
15.3 After marking their ballot, electors will place the completed ballot card within the provided secrecy sleeve and deliver the secrecy sleeve containing the ballot card to the deputy supervising the tabulator and ballot box.
15.4 The deputy supervising the tabulator and the ballot box:
a. must verify the deputy’s initials on the ballot card;
b. must insert the ballot card directly into the tabulator, ensuring that the ballots are not exposed; or
c. permit the elector to insert the ballot card directly into the tabulator.
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15.5 If the tabulator rejects a marked ballot, the elector will be offered the opportunity to make changes to their ballot, and once changes are made, will place the ballot within the provided secrecy sleeve and feed it into the tabulator to be counted. If the tabulator rejects the ballot, the elector will be offered the opportunity to complete a replacement ballot.
15.6 If the elector completes a replacement ballot, the original ballot will be deemed spoiled.
15.7 If the elector declines a replacement ballot, the original ballot will be deemed rejected for the election of those offices where the ballot has been marked in such a way as to result in the tabulator rejecting the ballot.
15.8 If a tabulator fails at any time while a voting station is open, electors will insert their ballots directly into an auxiliary ballot box.
15.9 When the elector’s ballot card has been accepted by the tabulator and deposited into the ballot box, the elector shall leave the voting station.
16.0 COUNTING OF VOTES
16.1 This section applies to all ballots not counted by a tabulator at the time of voting, including special ballots, elector assisted at home ballots, institutional ballots, and ballots deposited in an auxiliary ballot box.
16.2 Following the close of a voting station, ballots deposited in an auxiliary ballot box may be counted by inserting them into a functioning tabulator.
16.3 Any time after 7:30 p.m. on election day, the Returning Officer is authorized to count the special ballot box, elector assisted at home ballot box, and the institutional ballot box, by inserting the ballot cards into a functioning tabulator.
17.0 RECOUNT
17.1 If the Returning Officer conducts a recount for any election, the Returning Officer may use tabulators to complete the count.
18.0 REPEAL
18.1 Bylaw 198-2, Election Procedures Bylaw, is repealed.
19.0 ENACTMENT
19.1 This bylaw comes into force when it receives third reading and is signed by the Mayor and the Town Manager or designates.
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READ A FIRST TIME this xx day of month, 20xx.
READ A SECOND TIME this xx day of month, 20xx.
READ A THIRD TIME this xx day of month, 20xx.
SIGNED AND PASSED this ______day of ______, 20xx.
______Karen Sorensen Mayor
______Kelly Gibson Town Manager
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.5 Attachment 2
BYLAW 198-2
BEING A BYLAW OF THE TOWN OF BANFF, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR GENERAL ELECTION PROCEDURES
AND WHEREAS the Local Authorities Election Act, RSA 2000, Chapter L-21 (the Act) authorizes a council to establish election procedures;
WHEREAS the Act authorizes a council to provide for the taking of the votes of the electors by means of voting machines, vote recorders or Automated Voting System, and that such a bylaw will prescribe the form of the ballot, the directions for the marking of the ballot by the elector, and the directions for voting procedures to be used;
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta, duly assembled, enacts as follows:
CITATION 1. This bylaw may be cited as the “Election Procedures Bylaw.”
INTERPRETATION 2. In this bylaw, a) Any reference to a named act is a reference to an Act of the Legislature of Alberta, as amended from time to time.
b) Where a bylaw references a Town of Banff staff position, department or committee, the reference is deemed to be to the current name that the staff position, department or committee is known by.
c) Words importing the masculine gender include the feminine gender and words importing the feminine gender include the masculine gender.
3. The definitions in Schedule A will apply to the corresponding words if the first letter of that word is capitalized in this bylaw.
AUTHORITY 4. This bylaw applies to all Town of Banff elections.
5. The Returning Officer, appointed in accordance with the Act, is responsible for conducting Town elections.
6. The Returning Officer may appoint as many Deputies, Constables and other persons as he or she decides are necessary to assist with any requirements of this bylaw or the Act.
7. The Manager of Corporate Services is authorized to enter into agreements on behalf of the Town to conduct elections on behalf of other elected authorities in Banff.
8. In the event that the election for the offices of councillors and mayor are held in conjunction with an election for school board trustees or representatives, or any other election, the provisions of this bylaw shall apply in a like manner to the other election.
Page 1 of 6 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.5 Attachment 2
9. The Returning Officer, when necessary, is authorized to make application to the Minister of Municipal Affairs and the Lieutenant Governor in Council for the requisite directions or regulations pursuant to the Act for the approval and implementation of the procedure prescribed by this bylaw or any other directions or regulations for conducting an election permitted by the Act.
AUTOMATED VOTING SYSTEM 10. The tabulation of election results may be done by means of an Automated Voting System, as directed by the Returning Officer.
11. When an Automated Voting System is used in the election, the Returning Officer shall: a) Ensure that the Automated Voting System has been pre-tested and is accurate and in good working order; and b) Take whatever reasonable safeguards may be necessary to secure the Automated Voting System against unauthorized access, entry, use, tampering or any other unauthorized use of the Ballot Cards or tabulated results.
12. In the event of a malfunction or unavailability of the Automated Voting System or any of its components, the Returning Officer may make any directions that he or she deems necessary or desirable with respect to: a) The voting procedures to be used; b) The taking of votes; c) The counting of votes; and d) Where required, for a recount under s.98 of the Act.
BALLOTS 13. Following nomination day, the Returning Officer shall cause sufficient Ballot Cards for the election to be printed.
14. The Ballot Card shall be assembled in more or less the follow order and contain separate ballots for the following unless elected by acclamation or inapplicable: a) Candidates for the office of mayor b) Candidates for the office of councillor c) Candidates for the office of public school trustee or representative d) Questions e) Bylaws f) Any other offices as may be specified or required by the Act or any other applicable legislation
15. Ballots for candidates may be in the general form prescribed by the Returning Officer.
PRE-VOTE PROCEDURE 16. A copy of the “Instructions for Electors” shall be posted within each Voting Compartment, at a conspicuous location within the Voting Station, and these instructions shall remain posted until the close of the Voting Station.
17. Before the vote commences: a) In the presence of other Deputies, staff, agents and electors, the deputies or the election staff of the Returning Officer shall cause the Vote Tabulator to print a copy of all totals in its memory pack one hour or less before the opening of the poll.
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.5 Attachment 2
b) If the totals are zero for all candidates, questions and bylaws, the deputies shall ensure that the zero printout remains affixed to the Vote Tabulator until the results are printed by the Vote Tabulator after the close of the poll at 8 p.m. c) If the totals are not zero for all candidates, questions and bylaws, the deputies shall immediately notify the Returning Officer and shall conduct the vote using a separate Ballot Box designed for storage of marked but untabulated Ballots until the Vote Tabulator is made operational or the Returning Officer provides a replacement Vote Tabulator that complies with sections 11(a) and (b) of this bylaw.
VOTING PROCEDURE 18. Each elector eligible to vote shall be given one Ballot Card that has been initialled by the Deputy, and a Secrecy Sleeve.
19. Upon receiving the Ballot Card and Secrecy Sleeve, the elector shall forthwith proceed to the Voting Compartment to vote.
20. While in the Voting Compartment, the elector shall mark the Ballots only with the Marking Device provided in the compartment, by completing the oval pointing to his/her choice of candidate, or where there is more than one vacancy, the candidates of his/her choice. Where the ballot includes a bylaw or question, the elector shall mark his/her vote within the portion of the ballot containing the affirmative or negative, whichever way he/she decides to vote.
21. The elector may not mark his/her ballot for more candidates than there are offices to be filled, or, where the ballot includes a question or a bylaw, the elector may not mark his/her ballot both in the affirmative and negative for any one question or bylaw.
22. After the elector has finished marking the Ballot Card and has completed voting he/she shall: a) Insert the Ballot Card into the Secrecy Sleeve without showing the markings on the Ballot Card to anyone and without folding the Ballot Card; and b) Leave the Voting Compartment and deliver the Secrecy Sleeve containing the Ballot Card to the Deputy supervising the Ballot Box and Vote Tabulator; and c) Observe the placing of his/her Ballot Card through the Vote Tabulator into the Ballot Box by the Deputy.
23. In the event that the elector has made a mistake when marking the Ballot, the elector may request another Ballot Card upon returning the original Ballot Card to the Deputy who issued the original Ballot Card, and the original Ballot Card shall be marked “spoiled” by the Deputy and not be counted or included in the tally of election results.
24. If a Ballot Card is rejected by the Vote Tabulator, the Deputy supervising the Vote Tabulator and Ballot Box must advise the elector to request another Ballot Card from the Deputy who issued the original Ballot Card, and the original Ballot Card shall be marked “spoiled” by the Deputy and not be counted or included in the tally of election results.
25. If an elector refuses to request another Ballot Card, the Deputy supervising the Vote Tabulator and Ballot Box must mark the Ballot Card “rejected.”
26. The Deputy supervising the Ballot Box and Vote Tabulator shall, after verifying the Ballot Card contains the initials of an Deputy in the specified area, insert the marked Ballot Card contained in the Secrecy Sleeve into the Ballot Box so that the Ballot Card is extracted from the Secrecy Sleeve without exposing the marks made on the Ballot Card by the elector. Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.5 Attachment 2
27. Where a Vote Tabulator is available in the Voting Station but fails to operate, the Deputy supervising the Vote Tabulator and Ballot Box shall: a) Insert the Ballot Card from within the Secrecy Sleeve into the separate Ballot Box designed for storage of marked but untabulated Ballots; and b) Insert the Ballot Cards into a Vote Tabulator following the close of the Voting Station.
28. Each elector shall follow the voting procedure contained in this bylaw and as posted in the Voting Station, and upon the deposit of his/her Ballot Card into the Ballot Box, the elector shall immediately leave the Voting Station.
29. The voting procedure described in this Bylaw shall apply during an advance vote, an institutional vote and an incapacitated electors vote, insofar as is practicable and may be modified as necessary at the discretion of the Returning Officer.
POST-VOTE PROCEDURE 30. The Portable Ballot Boxes used in the advance vote, the incapacitated vote and the institutional vote shall be sealed upon the completion of the vote in which they are used, and shall not be unsealed and opened until the close of Voting Stations on election day.
31. The Returning Officer may direct that the sealed Portable Ballot Boxes be brought to the Voting Station where they remain sealed until they are opened for the counting of Ballots by the Vote Tabulator and may make any other direction he/she deems necessary for the storage and disposition of the Portable Ballot Boxes.
32. At the close of the Voting Station on election day, or as soon after as is reasonably possible, the Returning Officer shall: a) Insert the Ballot Cards from the Portable Ballot Boxes into the Vote Tabulator; b) Secure the Vote Tabulator against receiving any more ballots; c) Activate the Vote Tabulator to produce two copies of the Tally Register Tape (or such other number as directed by the Returning Officer), complete the ballot account and attach one copy of the Tally Register Tape to the ballot account; d) Count the unused Ballot Cards and place the unused Ballot Cards, the voted Ballots, the declined Ballots, and the spoiled Ballots, together with the voting register, two copies of the Tally Register Tape, and all oaths, declarations and statements, if any, in the Ballot Box; e) Seal and initial the Ballot Box and provide the sealed Ballot Box for delivery to storage.
33. Ballots which are voided (rejected) shall not be counted in the tabulation of results for the election. For the purposes of this bylaw, a void (rejected) Ballot is one which: a) Has not been marked or has not been marked sufficiently for the Vote Tabulator to discern a vote; b) Has been marked for more candidates than there are offices to be filled, or where there is only one vacancy, for more than one candidate; or, in the event of a bylaw or question, has been marked both in the affirmation and negative; c) Has been marked outside of the space indicated on the Ballot for the placing of a mark; d) Has been torn, defaced, or dealt with in such a way by an elector so that he/she can thereby be identified; e) Does not bear the initials of a Deputy.
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34. If, at the close of the poll, the Returning Officer is of the opinion that it is impracticable to count the vote with the Vote Tabulator, he/she may direct that all the votes cast in the election be counted manually following the provisions of the Act governing the counting of the votes.
35. After the tabulation of results at the Voting Station, the Ballot Boxes, the Vote Tabulators, and the Automated Voting System shall be stored as directed by the Returning Officer.
36. If the Returning Officer makes a recount pursuant to the Act, the voted Ballots will be recounted by the same Automated Voting System.
37. Upon the completion of the tabulation of the election results, the Returning Officer shall retain the programs and the memory packs of the Automated Voting System in accordance with the provisions of the Act for the keeping of ballots.
ENACTMENT/TRANSITION 38. Schedule “A” forms part of this bylaw.
39. Bylaw 176 and Bylaw 198-1 are repealed upon this bylaw coming into force.
40. This bylaw comes into force when it receives third reading and is signed by the Mayor and the Town Manager or designates.
Read a first time this 16th day of July, 2007.
Read a second time this 16th day of July, 2007.
Read a third time this 16th day of July, 2007.
Approved on behalf of the Town of Banff:
John Stutz Date Mayor
Robert Earl Date Town Manager
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SCHEDULE “A” – Definitions
2. The following definitions will apply to the corresponding words if the first letter of that word is capitalized in this bylaw: a) Automated Voting System means an automated or electronic system designed to automatically count and record votes and process and store the election results. b) Ballot means the part of the Ballot Card on which is printed the office to be voted on, the names of the candidates, the bylaw name and number or the questions, if any, and containing the spaces in which the elector is to mark his or her vote. c) Ballot Box means a container in the form prescribed by Ballot Box Regulation 387/2003 and approved by the Returning Officer, intended to contain the voted Ballot Cards for the Vote Tabulators at the Voting Station. d) Ballot Card means a paper card in a form approved by the Returning Officer, listing the ballots to be voted on in the election. e) Constable means a person appointed as Constable under the Local Authorities Election Act. f) Deputy means a deputy returning officer appointed under the Local Authorities Election Act. g) Memory Pack means a removable cartridge with a memory that stores the tabulated totals to votes in an election. h) Portable Ballot Box means a container in the form prescribed by Ballot Box Regulation 387/2003 and approved by the Returning Officer, intended to contain the voted Ballot Cards in an institutional vote, and advance vote, or an incapacitated vote. i) Secrecy Sleeve means an open ended envelope in a form approved by the Returning Officer, intended to be used to cover the Ballot Card so as to conceal the markings made on the Ballot Card by the elector without covering the initials of the Deputy. j) Returning Officer means the person appointed under the Local Authorities Election Act to conduct the Town of Banff election. k) Tally Register Tape means the printed record generated by a Vote Tabulator showing the number of accepted ballots, the ballots read and results of the ballots read by the Vote Tabulator. l) Vote Tabulator means the automated voting system unit designed for use at the Voting Station to receive ballots and automatically scan a specified area or areas on the ballot card and record the results. m) Voting Compartment means a table, desk or shelf arranged so that an elector is screened from observation and may mark the elector’s ballot without interference or interruption. n) Voting Station means the place where an elector votes.
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 REQUEST FOR DECISION Subject: Proposed Business Licence Bylaw 22-10
Presented to: Council Date: 2021 June 28
Submitted by: Darren Enns, Item #: 8.6 Director of Planning and Development
RECOMMENDATION That Council give three readings to proposed Bylaw 22-10, the Business Licence Bylaw (Attachment 1).
BACKGROUND Reason for Report The Town of Banff Business Licence Bylaw has remained relatively unchanged since 2006 and is on Council’s workplan for review.
Summary of Issue The purpose of Banff’s Business Licence Bylaw is multi-fold, and includes:
• Regulating business operations carried on within the municipality; • Providing a legislative vehicle to market Banff as a tourist destination; and, • Ensuring business activity is consistent with higher-level policies and legislation.
The enabling legislation for a Business Licence Bylaw is the Municipal Government Act, Part 2, Division 1, Section 7(e) which states:
7. A council may pass bylaws for municipal purposes respecting the following matters: (e) businesses, business activities and persons engaged in business;
The existing bylaw has proven effective at achieving the primary purposes outlined above and administration is therefore recommending only minor amendments to address evolving issues governed by the Bylaw. These are summarized below and attached as a “red-line” version of the Bylaw (Attachment 2).
• Updating of Bylaw References; The Bylaw many outdated references either to obsolete agencies or to legislation which has subsequently changed. These have all been reviewed and updated; • Updated Penalties; In order to keep penalties relevant, penalties for non-compliance are proposed to escalate. For example, the penalty for operating without a business licence is intended to increase from $500 to $2,000; • Refining the conditions for establishing the Bylaw’s applicability, notably around advertising. The existing Bylaw applies to any business advertising in Banff which is an extremely broad definition. The new definition allows for interpretation on whether or not that business is conducting, or intends to actively conduct business in the town site; and, • Grammatical and spelling corrections.
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Administration had also considered amendments to the “Violations” rates which have fallen out of relevance over time and likely need to be increased significantly. In light of the current economic situation, proposed increases have been deferred to the 2022 Fees and Charges report. Also, potential changes to Bed and Breakfast properties within the Bylaw have been deferred to an upcoming report on Bed and Breakfast regulatory amendments.
Contractual Agreement with Banff Lake Louise Tourism The Town of Banff has had a Business Licence Bylaw since 1990 and the bylaw has made a connection between Business Licensing and destination marketing since 1991. The primary mechanism for this is “Schedule B” of the Business Licence Bylaw, which is a fee schedule for various sectors that flows through the Town of Banff to its contractor Banff Lake Louise Tourism (BLLT) for destination marketing purposes. The Town currently has a six-year contract that commenced on January 1, 2017 and will be renewed on January 1, 2023 for a further 6-year term unless Council makes a motion at the June 28th meeting to no longer collect Schedule B fees.
Response Options Council may give three readings to the proposed Business Licence Bylaw 22-10 as presented or amended.
OTHER INFORMATION Budget The Town collected approximately $7.2M in business licence fees in 2019, of which $236,000 represented the base fee retained by the Town and $7M represented Schedule B fees which flow through to BLLT.
Internal Resources The Business Licence bylaw is administered primarily by the Business Licence Clerk, a 0.8 FTE position within the Planning and Development Department. Monitoring and enforcement responsibilities are shared between Planning, Municipal Enforcement, and Street Use Permits.
Communication Proposed Bylaw 22-10 will be posted on the Town of Banff Website if approved by Council.
Banff Community Plan Local Economy • Encourage year-round tourism and related economic activities directed and supported by Banff ’s Vision, Banff • Promote Banff ’s unique mountain community.
Social • Co-operate with other levels of government and agencies to achieve goals. Environmental • Showcase Banff as a leader in environmental practices and hospitality
Council Strategic Priorities Bylaw 22-10 is noted for review in 2021.
Council Report: Proposed Business Licence Bylaw 22-10 Item #: 8.6 Page 2 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
ATTACHMENTS Attachment 1: Proposed Bylaw 22-10, the Business Licence Bylaw Attachment 2: Redline Comparison (Bylaw 22-9 and 22-10)
Circulation date: 2021 June 16
Submitted By: On Original Darren Enns, Director, Planning and Development
Reviewed By: On Original Kelly Gibson, Town Manager
Council Report: Proposed Business Licence Bylaw 22-10 Item #: 8.6 Page 3 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 1 BYLAW 22-10 BEING A BYLAW OF THE TOWN OF BANFF, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR LICENSING OF BUSINESSES OPERATING WITHIN THE TOWN OF BANFF
WHEREAS the Council of the Town of Banff deems it necessary to provide for the regulation and Licensing of all Business carried on within the municipality;
AND WHEREAS Banff is, first and foremost, a town within a National Park and World Heritage Site whose purposes and objectives are set out in the Banff National Park of Canada Management Plan and Banff Incorporation Agreement;
AND WHEREAS the Council of the Town of Banff has dedicated a certain proportion of Business Licence fees levied against Businesses in the Town for the purpose of marketing the Town as a tourist destination area;
AND WHEREAS Sections 7 and 8 of the Municipal Government Act, RSA 2000, Chapter M-26 authorizes a Council to gives the Council authority to pass such a Bylaw;
NOW THEREFORE, the Council of the Town of Banff, in the Province of Alberta, duly assembled, enacts as follows:
CITATION
1. This Bylaw may be cited as the “Business Licence Bylaw.”
DEFINITIONS
2. In this bylaw:
a) Any reference to a named act is a reference to an Act of the Legislature of Alberta, as amended from time to time; b) Any reference to a Town of Banff staff position, department or committee, the reference is deemed to be to the current name that the staff position, department or committee is known by. c) The definitions in Schedule “A” will apply to the corresponding words if the first letter of that word is capitalized in this bylaw: assembled, enacts as follows:
LICENSING REQUIREMENTS
3. Except as otherwise provided for in this Bylaw, a Licence is required to carry on or operate any of the following Businesses:
a) Resident Business b) Non-Resident Business
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4. The following conditions are sufficient to establish that a Business is being carried on:
a) Proof of one transaction or offer to transact, or b) Any advertising of a Business where, in the opinion of the Licence Inspector, the business intends to transact within the Town of Banff.
5. Residents and non-residents of the Town shall be entitled to equal rights in all matters relating to the issuance of Licences.
6. Separate Licences are required if two or more owners are operating Businesses from the same Business Premises.
7. No Licence shall be required to carry on or operate any Business that is exempt under the provisions of any Statute of Canada or the Province of Alberta. The onus of proving that a Business is exempt from requiring a Licence is on the Business alleging the exemption.
8. No Licence shall be required by the operator or participants to carry on or operate a craft sale, a rummage sale, a flea market or a residential garage sale where the duration of the activity is less than seven consecutive days.
9. No Licence shall be required by a Non-Resident Business to deliver goods within the Town when those goods are purchased by the recipient from a place or business outside the Town.
10. No Licence shall be issued to a Business carried on or to be carried on partly in the Town and partly elsewhere in Banff National Park unless a Licence has first been issued by Her Majesty the Queen in right of Canada or her designate.
11. No Licence shall be issued until such time as the Applicant holds current and valid Municipal, Provincial or Federal permits, approvals licences or clearances as required by the relevant Municipal, Provincial, or Federal bylaws, statutes or regulations, including a valid Town of Banff development permit where applicable.
12. No Licence shall be issued to a Business which, in the opinion of the Licence Inspector, is not necessary to meet the purposes and objectives of the Town as are set out in the "Town of Banff Incorporation Agreement" made between the Government of Canada and the Government of the Province of Alberta as of the 12th day of December, 1989 and further referred to in the Town of Banff Land Use Bylaw, the Banff Community Plan, and Banff National Park of Canada Management Plan.
13. No Licence shall be issued for Hawkers.
LICENCE APPLICATION AND FEES
14. Every Applicant for a Licence, for renewal of a Licence, or for a transfer of Licence:
a) must provide the following information, in the form prescribed by the Licence Inspector:
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i. The civic and legal address for the proposed place of Business; ii. The trade name under which the proposed Business will operate; iii. Where the Applicant is a sole proprietorship or partnership, the full name, mailing address and telephone number of the Applicant or Applicants; iv. Where the Applicant is a corporation, the full name and mailing address of the principal managing employee or employees and the telephone number of the Business; v. Any certificate, authority, Licence or other document of qualification under this or any other Bylaw, or under any Statute of Canada or the Province of Alberta that may be required in connection with the carrying on of the Business; vi. Such other information as the Licence Inspector may reasonably require.
15. An Application for a Licence or for a renewal of a Licence shall not be considered by the Licence Inspector until the fees as set out in this bylaw have been received by the Town. Unless otherwise indicated in this bylaw, the fees shall be:
a) $180; and b) the amounts in Schedule “B;” and c) in the case of a Non-Resident Business, $180.
16. Any Non-Resident Business in the Service sector may be issued up to two (2) temporary Business licences per calendar year, which shall be valid for thirty (30) consecutive days from issue, upon approval from the Licence Inspector for a Licence fee of:
a) 182; plus b) $146, allocated as a Schedule B fee.
17. Any Non-Resident Business that is engaged in class 400, 401 or 500 may be issued a temporary Licence, valid for twenty-four hours from issue from the Licence Inspector for a Licence fee of:
a) $124; plus b) $99.00, allocated as a Schedule B fee.
18. Any Non-Resident Business who has held a temporary Business Licence in accordance with section 16 or section 17 and who subsequently applies for an annual Licence within the same calendar year shall be credited with the fee amount already received.
19. Notwithstanding the fees set out in this bylaw, if an Applicant for a Resident Business Licence satisfies the Licence Inspector by way of statutory declaration or otherwise that the gross annual revenue of the Business is $30,000.00 or less, the total Business Licence fee shall be $180, with 50% of the fee allocated as a Schedule “B” fee.
20. When a Licence is issued to a Business to carry on operations in two or more Business Sectors from the same Business Premises, the Licence fee shall be calculated as $180 plus the fee amounts in Schedule “B” for each Business Sector Fee in which the Business operates.
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21. Temporary Sales located in an established commercial premises will be subject to a daily Licence fee of:
a) $180/day if already licensed elsewhere in Banff for the same category; b) $770/day if not licensed elsewhere in Banff for the same category.
22. The Business Licence Fee, pursuant to Schedule “B”, for each Hotel, Bed and Breakfast Home, and Bed and Breakfast Inn with greater than four rooms shall be determined by the Town each year in accordance with the following:
a) Every Hotel, Bed and Breakfast Home and Bed and Breakfast Inn, greater than four rooms, shall provide to the Licence Inspector, or to any person authorized by the Licence Inspector, on or before November 15, of each year, with the information specified in Section 22(b) of this Bylaw; b) For 2007, and each year thereafter, the Business Licence Fee shall be an amount equal to 50 percent of the Alberta Tourism Levy, as defined in the Tourism Levy Act, RSA 2000, c. T- 5.5, payable by that Hotel, Bed and Breakfast Home or Bed and Breakfast Inn with greater than four rooms, for the prior year, subject to any acceptable adjustments thereto as reported in an acceptable form, to the Licence Inspector by such business or their authorized agent which shall include any chartered accountant authorized on behalf of such businesses to provide this information to the Licence Inspector; c) Any amendment to this bylaw provision shall not be operative until the expiry of 12 consecutive months commencing as of the first day of the January following the year in which any such amendment is passed by Council.
23. All Business licence fees are due and payable:
a) For all Business except for Hotels, Bed and Breakfast Homes, and Bed and Breakfast Inns with greater than four rooms, thirty days after the date invoices are sent to Licensees.
i. Notwithstanding section 23(a), All Business except for Hotels, Bed and Breakfast Homes, and Bed and Breakfast Inns with greater than four rooms may enter into a payment plan with the Town to make three equal payments due on March 31, June 30, and September 30 of each calendar year, providing: . The Licensee’s account with the Town is in good standing, . The Business Licence for which the fee is due is active from January 1 to December 31 of the calendar year, and . The Licence Inspector has not approved a reduction of the fee in accordance with section 19 of this bylaw.
ii. If a Licensee who has entered the payment plan in accordance with section 23(i) fails to make two consecutive payments, the full amount owing is due and payable and the Licensee is ineligible for the payment plan for the next calendar year.
b) For Hotels, Bed and Breakfast Homes, and Bed and Breakfast Inns with greater than four rooms, following issue of an invoice, in accordance with the following:
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Percentage of Annual Fee Date Payment is Due 20% March 31 25% June 30 40% September 30 15% December 31
24. Charitable and Non-Profit Organizations and Family Day Homes, as defined in this Bylaw, are exempt from all requirements of this Bylaw.
25. If a Hotel, Bed and Breakfast Home, or Bed and Breakfast Inn with greater than four rooms ceases operations for any reason within a licensing year, the Business licence fee up to the date the Business ceases operations is due and payable.
26. Any Resident or Non-Resident Business which commences Business or operation after January 1st and has not previously been in operation in that calendar year shall pay prorated amount of the appropriate Licence fees provided for in this bylaw, which amount shall be prorated on a quarterly basis.
27. The Licence Inspector may allow any Business closed for a renovation for which a development permit or a building permit has been issued to pay a prorated Licence Fee, based on the period of time the Business is closed due to the renovations.
28. Licence fees must be paid in full by the due date. Post-dated cheques must be valid the date on which payment is due. A Licence fee is non-refundable. Unpaid Licence fees are a debt owed to the Town.
29. Where a Licence fee has been paid by an uncertified cheque the Licence:
a) may be issued subject to the cheque being accepted and cashed by the bank, and b) will be automatically revoked if the cheque is not accepted and cashed by the bank on which it is issued.
30. The fee to replace a lost licence is $25.
31. A Licensee may transfer a Licence issued to him to another person or to another Business Premises, or change the information contained on the Licence upon approval of the Licence Inspector.
32. All Licence fees shall be used:
a) for the administration and enforcement of this Bylaw, for visitor experience project funding, and for other municipal services, and b) in the case of Schedule “B” for the marketing and promotion of the Town as a tourist destination area.
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TERM OF LICENCE
33. Every annual Licence issued under the provisions of this Bylaw, unless revoked, cancelled or surrendered, shall terminate at midnight on the 31st day of December of the year in which said Licence was issued.
34. Notwithstanding Section 33, unless the Town is notified in writing of surrender or cancellation, a Business holding a valid Licence on December 31st is deemed to wish to renew that Licence for a subsequent year, and the Town will issue an invoice to that Business for the fee owing in accordance with this bylaw. If the Licence fee is not received by the Town within the time periods provided for in Section 23, the fee will be subject to monthly interest charges, until such time that it is paid or is determined by the Licence Inspector that the licence is surrendered or cancelled. Where interest is charged, it shall be charged on the outstanding balance each month and the monthly rate of interest used to calculate the interest owing shall be one and one half percent (1.5%).
35. Where the Town has approved a quarterly payment structure for Business licence fees, the Licence will be considered surrendered if any of the four payments is not received in full by the Town within thirty days of the due date provided for in this Bylaw.
POSTING OR PRODUCTION OF LICENCE
36. A Licensee shall:
a) post the Licence in a prominent visible location in the Business Premises; or b) if it is not practical to post the Licence, produce the Licence forthwith upon demand by a Licence Inspector or Bylaw Services Officer.
NATIONAL PARK REGULATIONS
37. The granting of a Licence pursuant to this Bylaw does not of itself establish that the holder of the Licence is a "Resident" as defined in the National Parks Lease and Licence of Occupation Regulations (Canada) as amended.
CONSULTATIONS
38. The Licence Inspector may consult, prior to issuing or renewing a Licence, with the Province of Alberta, the RCMP, Parks Canada, Alberta Health Services, and any Town Department to determine whether they are in possession of information which, in the opinion of the Licence Inspector, renders it inappropriate for an Applicant to be issued a Licence.
39. The Licence Inspector may determine that it is inappropriate to issue a Licence to an Applicant where the safety, health or welfare of the public may be at risk due to the issuance of a Licence.
40. With respect to Licence renewal, the Licence Inspector may renew the Licence without consulting the Town Planning and Development department, if the Town Planning and Development
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department has previously confirmed that all necessary approvals required under the Town’s Land Use Bylaw have been obtained, and,
a) There has not been a change in the Business ownership since the Town Planning and Development department gave approval, and, b) The Business has been carried on continuously at the same Business Premises and in the same manner.
41. Subject to the provisions of this Bylaw, upon receipt of an Application for a Licence, the Licence Inspector may,
a) Grant a Licence, or b) Refuse a Licence, if the Applicant is in breach of this or any other Bylaw of the Town, does not have occupancy (if required pursuant to the Town's Building Permit Bylaw), has not met the requirements of this Bylaw, or in the Licence Inspector's opinion, there are other just and reasonable grounds for the refusal of the Application.
INSPECTIONS
42. Where a Business requires a Business licence or is Licensed, then the Business Premises and surrounding lot may be inspected by a Licence Inspector or Bylaw Services Officer, who shall at all reasonable times have the right to enter upon any Business Premises required to be Licensed under the provisions of this Bylaw for the purpose of inspection or for the purpose of ascertaining if the provisions of this or any other Bylaw of the Town are being complied with.
43. A Licence Inspector or Bylaw Services Officer may inspect a Business Premises or site at which a contractor is working for the purpose of ascertaining if the provisions of this or any other Bylaw of the Town are being complied with.
44. A person whom a Licence Inspector reasonably believes is carrying on a Business requiring a Business Licence, or who is an Applicant, shall,
a) permit and assist in all inspections requested by a Licence Inspector or Bylaw Services Officer; b) furnish to a Licence Inspector or Bylaw Services Officer all identification, information, or documentation related to the inspection or Licensing requirement; and c) not provide to a Licence Inspector or Bylaw Services Officer false or misleading information or information intended to mislead with regard to any matter or thing arising in connection with the Licensing of the Business.
45. No person shall attempt to prevent, obstruct or hinder a Licence Inspector or Bylaw Services Officer from making an inspection authorized by this Bylaw.
46. During an inspection authorized under this Bylaw, a Licence Inspector or Bylaw Services Officer may examine any Business record or document for the purpose of enforcing this Bylaw, remove any relevant record or document from the Business Premises for the purpose of copying it, and will provide a receipt for any document or record so removed.
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REFUSAL, REVOCATION, SUSPENSION
47. A Licence Inspector shall refuse an Application if, in the opinion of the Licence Inspector, any Licensing requirements of this bylaw have not been met or the Licence Inspector has reasonable grounds to believe that operation of the Business poses a danger to the safety, health or welfare of the public.
48. A Licence Inspector may suspend or revoke a Licence if:
a) The Licensee fails to comply with the Licensing requirements of this bylaw; or b) The Licence Inspector has reasonable grounds to believe that operation of the Business poses a danger to the safety, health or welfare of the public.
49. The Licence Inspector may make inquiries and receive information, including information from the Applicant, to determine whether there are just and reasonable grounds for the refusal of an Application, or a revocation, or a suspension of a Licence.
50. A suspension of a Licence may be:
a) for a period of time not exceeding the unexpired term of the Licence; or b) where the suspension is for non-compliance with the licensing requirements of this bylaw, until the holder of the suspended Licence proves compliance to the satisfaction of the Licence Inspector.
51. A Licence may be revoked or suspended for non-compliance with any law or regulation notwithstanding that the holder of the Licence has not been prosecuted for a contravention of that law, where the Licence Inspector has reasonable grounds to believe that the Licensee poses a danger to the safety, health or welfare of the public, to the protection of property.
52. When an Application for a Licence is refused, or when a Licence is revoked or suspended, the Licence Inspector shall notify the Applicant or Licensee, in writing, of the refusal, revocation or suspension and the reasons for it:
a) by delivering a notice to the Applicant or Licensee personally; or b) by delivering a notice by registered mail to the Applicant’s or Licensee’s most recent place of Business or residence as shown on the Licence or Application.
53. After the delivery of a notice of the refusal of an Application or a suspension or revocation of a Licence, the Business shall not be carried on until such time as a Licence is issued or the suspended Licence is reinstated.
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APPEALS
54. Where an Application for a Licence has been refused, a Licence revoked or suspended or an exemption has been refused, the Application may appeal the decision to Council. All appeals shall be made in writing addressed to the Licence Inspector of the Town and received by the Town within 45 days of the date of issue of refusal, revocation or suspension.
55. Any Applicant for a License may appeal to Council the License fee imposed or the Business Sector of Business applied to the Applicant. All appeals of Licence fee or Business Sector shall be made in writing addressed to the Licence Inspector of the Town and received by the Town, on or before the due date for payment of the Licence fee.
56. Upon receipt of any appeal under Section 54 or 55 Council, or a Committee appointed by Council, shall,
a) Schedule and hold an appeal hearing not more than thirty days following receipt of appeal; b) Advertise the date, time and details of the appeal hearing at least once a week for two consecutive weeks in at least one newspaper or other publication circulating in the area to which the appeal relates; c) Allow any third party to make written or oral representation in support of or in opposition to the appeal at its first regular meeting following receipt of the recommendation; d) If a Committee hears the appeal, make a written recommendation to Council within fifteen days of the hearing following which Council shall make a decision upon the appeal; e) If Council hears an appeal, make a decision on the appeal.
57. Council may extend the time frames referred to in Section 54 and 56 of this Bylaw, but any such extension shall not exceed fifteen (15) days in total.
VIOLATIONS
58. Any Person who contravenes a provision of this bylaw or the terms of any permit issued pursuant to this bylaw is guilty of an offence and is liable for the penalty set out in Schedule “C”, or if no penalty is specified in Schedule “C” for the offence, for the penalty in accordance with Section 61of this bylaw.
59. When a corporation commits an offence under this bylaw, every principal, director, manager, employer or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence.
60. If a partnership is guilty of an offence under this bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence.
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61. Violation tickets:
a) Where a Licence Inspector reasonably believes that a person has contravened any provision of this bylaw, the Licence Inspector or Bylaw Services Officer may serve upon the person a Violation Ticket, allowing payment of the specified penalty set out in Schedule “C” for the offence, and the recording of such payment by the Court shall constitute acceptance of a guilty plea and the imposition of a fine in the amount of the specified penalty. b) This section shall not prevent any Licence Inspector or Bylaw Services Officer from issuing a ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedure Act or from laying an information in lieu of issuing a Violation Ticket.
62. Except as otherwise provided in this Bylaw, a person who is guilty of an offence under this Bylaw for which a penalty is not otherwise provided, is liable to a fine of not less than $200.00 and not more than $500.00.
63. The imposition of a fine either by issuance of a Violation Ticket or by summary conviction in court shall not relieve any person so fined from any debt owing to the Town for an unpaid Business Licence.
TRANSITION
64. If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw.
65. Schedules “A,” “B,” and “C” form part of this Bylaw.
66. Bylaw 22-9 is repealed upon this Bylaw coming into force.
67. This Bylaw comes into force when it receives third reading and is signed by the Mayor and the Town Manager or designates.
READ A FIRST TIME this xx day of XXXX, 202X. READ A SECOND TIME this xx day of XXXX, 202X. READ A THIRD TIME this xx day of XXXX, 202X.
SIGNED AND PASSED this xx day of XXXX, 202X.
Karen Sorensen Mayor
Kelly Gibson Town Manager
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SCHEDULE “A” – DEFINITIONS
1. Applicant means a person who applies for a Licence or the renewal of a Licence required by this Bylaw.
2. Application means a written Application for a Business licence or renewal thereof required under this Bylaw.
3. Business means a) a commercial, merchandising or industrial activity or undertaking; b) a profession, trade, occupation, calling or employment, or c) an activity providing goods or services, whether or not for profit and however organized or formed, including a co-operative or association of persons.
4. Business Licence and License, Licensed and Licensing means a Licence issued pursuant to this Bylaw.
5. Business Premises includes any store, office, dwelling, warehouse, yard, building, enclosure or other place occupied, or capable of being occupied, for the purpose of carrying on a Business and in which place the carrying on of a Business is a permitted or discretionary use under the Town’s Land Use Bylaw.
6. Business Sector and Business Sectors means any one of the following: lodging, restaurants/bars, retail, transportation/attractions/entertainment, or service.
7. Bylaw Services Officer means an employee of the Town who has been appointed to the position of Bylaw Enforcement Officer or Bylaw Services Officer pursuant to Bylaw Enforcement Officer Bylaw 5-2.
8. Carry on, carrying on, carried on and carries on means to conduct, operate, perform, keep, hold, occupy, deal in or use, for a fee or exchange of benefits, whether as principal or agent.
9. Charitable Organization means a) any incorporated or unincorporated organization that is formed for a charitable purpose, including a philanthropic, benevolent, educational, health, humane, religious, cultural, artistic or recreational purpose, so long as the purpose is not part of a Business, or b) a person who makes solicitations for contributions to be used for a charitable purpose and who is not connected to any incorporated or unincorporated organization that is formed for the charitable purpose for which the solicitation is made.
10. Development Officer means a person appointed as Development Officer to fulfil the duties specified in the Town of Banff Land Use Bylaw.
11. Family Day Home means the accessory use of a dwelling, operated under contract with a Family Day Home Agency, to provide care and supervision on an ongoing basis of six or fewer children including, where applicable, the provider’s own children.
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12. Family Day Home Agency means an individual, partnership, group of individuals or a corporation that contracts with a Child and Family Services Authority to administer a family day home service, which may include provider recruitment, selection, training, and monitoring; assistance to parents with choosing a home; enrolment and placement of children in homes; and may also include the collection of parent fees and payment of providers.
13. Hawker means any person who: a) goes from house to house selling or offering for sale any merchandise or service, or both, to any person, and who is not a wholesale or retail dealer and direct seller in that merchandise or service, and not having a permanent place of business in the municipality, or b) sells merchandise or a service, or both, on the streets or roads or elsewhere than at a building that is his permanent place of business.
14. Licensee means the holder of a valid and subsisting Licence issued pursuant to the provisions of this Bylaw.
15. Licence Inspector means the Town’s Manager of Corporate Services or any other person as may be authorized by Council to enforce the provisions of this Bylaw.
16. Lodging means a person, corporation or organization resident in Banff engaged in the rental of accommodation on a short term basis, including hotels, motels, hostels, and bed & breakfasts.
17. Non-Profit Organization means a club, society, or association that's organized and operated solely for social welfare, civic improvement, pleasure or recreation, or any other purpose except profit.
18. Non-Resident Business means a Business that is carried on, in whole or in part, within the Town, but neither maintains a permanent place of Business within the incorporated boundaries of the Town nor is listed on any current Town tax assessment roll.
19. Resident Business means any Business that locates or maintains a permanent place of Business within the incorporated boundaries of the Town, including commercial operations, licensed home occupations and bed and breakfast operations.
20. Restaurant/Bar means a person, corporation or organization resident in Banff engaged in the retail sale of food or beverage to the public for consumption within the premises or off the site, and, without limiting the foregoing, includes licensed drinking establishments, restaurants, cafes, delicatessens, ice cream shops, tea rooms, lunchrooms and take-out restaurants.
21. Retail means the sale or offering for sale of tangible personal property from a premises in the Town of Banff to a consumer for purposes of use and not for resale, and without limiting the forgoing includes the retail sale of groceries, beverages, baked goods, household goods, clothing, jewellery, furniture and appliances, hardware, printed matter, confectionery, gifts and souvenirs, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationery and similar goods, minor public services, such as postal services and film processing depots, and convenience retail stores from within an enclosed building.
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22. Service means a person, corporation or organization engaged in the operation of a business in Banff which primarily serves residents or businesses defined as Lodging, Restaurants/Bars, Retail, Ski area or Transportation/Attraction/Entertainment; and without limiting the forgoing includes; agency sales or distributors, automotive, banks, full service banking machines (when no local branch), brokerages, business support services, car washes, cleaning services, contractors, currency exchanges, educational services, financial institutions, garages, laundry and linen supplies, marriage commissioners, newspapers, personal services including massage and spa, printing businesses including publishers, designers and websites, property development firms, property management companies, repair services, service stations, towing companies, trades, travel agencies, and wholesalers.
23. Town means the Corporation of the Town of Banff and, where the context requires, the land included within the boundaries of the Town of Banff.
24. Transportation/Attraction/Entertainment means a person, corporation or organization resident in the Town of Banff engaged in the operation of public transportation, a photography, film or video production business, a tour and/or guide business, or in the operation of a business which primarily operates as a business encouraging patrons to use its facilities and, without limiting the foregoing, includes movie theatres, live theatres, bowling alleys, pool rooms, museums, gondola lifts, arcades, rentals, golf courses and tennis courts; or in the business of selling, providing or distributing tour packages, tour arrangements and reservation services.
25. Temporary Sales means the selling of goods or services, including food and beverages from a temporary location in any place where the public has an expected right of access, but not including sales to a wholesale or retail dealer in any such goods.
26. Violation Ticket means any ticket or tag in a form approved by the Town of Banff, authorized under the Provincial Offenses Procedures Act, issued for any offence for which a penalty may be paid out of court in lieu of appearing to answer a summons.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
SCHEDULE “B” – 2021 BUSINESS LICENCE FEES
2021 Fee Resident Business Licence Fee (base amount) - Section 15(a) per licence + schedule $180.00 Non-Resident Business Licence Fee (base amount) - Section 15(a) per licence + schedule $180.00 Non-Resident Service Sector 30 Day Temporary Licence - Section 16 per licence $328.00 Non-Resident Class 400,401,500 One-Day - Section 17 per licence $223.00 Resident Business with Gross Revenue Deduction - Section 19 per licence $180.00 Multiple Business on One Premise - Section 20 per licence $180.00 Temporary Retail Sales - licensed elsewhere - Section 21(a) per licence/per day $180.00 Temporary Retail Sales - not licensed elsewhere - Section 21(b) per licence/per day $770.00 Business Sector Class 2021 Fee Sector I - Lodging Lodging - Hotels, B&B Inns, and B&B Homes with greater than four (4) rooms 100 Fee determined annually in accordance with Section 22 of the Bylaw Lodging - B&B Homes with four (4) rooms or less (per pillow) 101 $46.53 Sector II - Restaurant/Bar Restaurant/Bar (per seat) 200 $39.39 Sector III - Retail Retail Sales (per square foot) 300 $2.12 Cannabis Retail (per square foot) 300 $2.12 Sector IV -Transportation, Attractions and Entertainment Photographers/Videos 400 $537.78 Activities/Guiding/ Reservations/DMC/ Event Planners Owner/Operator or one employee 401A $537.78 Two to five employees 401B $657.30 Six to nineteen employees 401C $776.82 Twenty or over employees 401D $896.33 Heli Skiing/Heli Hiking 402 $4,063.32 Horse Livery 403 $7,887.61 Movie Theatres (per screen) 404 $1,314.61 Motor Vehicles 1 – 2 Vehicles 405A $1,195.10 3 - 6 Vehicles 405B $1,792.64 7 – 19 Vehicles 405C $3,585.28 20 – 25 Vehicles 405D $5,975.46 26 – 30 Vehicles 405E $10,755.84 31 – 35 Vehicles 405F $13,146.04 36 – 40 Vehicles 405G $16,737.86 41 – 45 Vehicles 405H $19,121.49 46 – 50 Vehicles 405I $21,511.66 Over 50 Vehicles 405J $23,901.84 Rental Cars 406 $2,390.20 Sector V - Service Agency or Sales Business, Business Support, Contractors, Automotive Repair, Service or other Owner/Operator or one employee 500A $537.78 Two to five employees 500B $657.30 Six to nineteen employees 500C $776.82 Twenty or over employees 500D $896.33 Bank/Financial Institution 504 $6,214.48 Banking Machines / Full Service ATM (per ATM) 505 $1,804.58 Newspapers 506 $3,346.26 **Minimum Business Licence Fee $537.78
Proposed Town of Banff Bylaw 22-10 – Business Licensing Page 14 of 15
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
SCHEDULE “C” – SPECIFIED PENALTIES
Section Description Amount 3 Carrying on or operating a Business within or $500.00 plus $100.00 per day partially within the Town without a valid and for each day the offence subsisting Business Licence. continues after conviction 45 Refusing a Licence Inspector or Bylaw Services $500.00 Officer from conducting any inspection authorized by this bylaw 36 Failing to post the Business Licence in a $200.00 conspicuous place on the Business premises of the Licensee
Proposed Town of Banff Bylaw 22-10 – Business Licensing Page 15 of 15
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing BYLAW 22-910 – OFFICE CONSOLIDATION
BEING A BYLAW OF THE TOWN OF BANFF, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR LICENSING OF BUSINESSES OPERATING WITHIN THE TOWN OF BANFF
WHEREAS the Council of the Town of Banff deems it necessary to provide for the regulation and Licensing of all Business carried on within the municipality,
AND WHEREAS Banff is, first and foremost, a town within a National Park and World Heritage Site whose purposes and objectives are set out in the Banff National Park of Canada Management Plan and Banff Incorporation Agreement;
AND WHEREAS the Council of the Town of Banff has dedicated a certain proportion of Business LicenseLicence fees levied against Businesses resident in the Town for the purpose of marketing the Town as a tourist destination area;
AND WHEREAS Sections 7 and 8 of the Municipal Government Act, RSA 2000, Chapter M-26 authorizes a councilCouncil to gives the Council authority to pass such a Bylaw;
NOW THEREFORE, the Council of the Town of Banff, in the Province of Alberta, duly assembled, enacts as follows:
CITATION 1. This Bylaw may be cited as the “Business LicenseLicence Bylaw.”
DEFINITIONS 2. In this bylaw:
Any reference to a named act is a reference to an Act of the Legislature of Alberta, as a) amended from time to time; b) Any reference to a Town of Banff staff position, department or committee, the reference is deemed to be to the current name that the staff position, department or committee is known by. c) The definitions in Schedule “A” will apply to the corresponding words if the first letter of that word is capitalized in this bylaw:
LICENCINGLICENSING REQUIREMENTS Except as otherwise provided for in this Bylaw, a LicenseLicence is required to carry on or operate any 3. of the following Businesses: Page 1 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing a) Resident Business b) Non-Resident Business
4. The following conditions are sufficient to establish that a Business is being carried on:
a) Proof of one transaction or offer to transact, or b) Any advertising of a Business where, in the opinion of the Licence Inspector, the business intends to transact within the Town of Banff.
5. Residents and non-residents of the Town shall be entitled to equal rights in all matters relating to the issuance of LicensesLicences.
Separate LicensesLicences are required if two or more owners are operating Businesses from the same 6. Business Premises.
7. No LicenseLicence shall be required to carry on or operate any Business that is exempt under the provisions of any Statute of Canada or the Province of Alberta. The onus of proving that a Business is exempt from requiring a LicenseLicence is on the Business alleging the exemption.
8. No LicenseLicence shall be required by the operator or participants to carry on or operate a craft sale, a rummage sale, a flea market or a residential garage sale where the duration of the activity is less than seven consecutive days.
9. No Licence shall be required by a Non-Resident Business to deliver goods within the Town when those goods are purchased by the recipient from a place or business outside the Town.
10. No LicenseLicence shall be issued to a Business carried on or to be carried on partly in the Town and partly elsewhere in Banff National Park unless a LicenseLicence has first been issued by Her Majesty the Queen in right of Canada or her designate.
11. No LicenseLicence shall be issued until such time as the Applicant holds current and valid Municipal, Provincial or Federal permits, approvals licenseslicences or clearances as required by the relevant Municipal, Provincial, or Federal bylaws, statutes or regulations, including a valid Town of Banff development permit where applicable.
12. No LicenseLicence shall be issued to a Business which, in the opinion of the Licence Inspector, is not necessary to meet the purposes and objectives of the Town as are set out in the "Town of Banff Incorporation Agreement" made between the Government of Canada and the Government of the Province of Alberta as of the 12th day of December, 1989 and further referred to in the Town of Banff Land Use Bylaw, the Banff Community Plan, and Banff National Park of Canada Management Plan and Appropriate Use Guidelines.
13. No LicenseLicence shall be issued for Hawkers.
LICENSELICENCE APPLICATION AND FEES
Page 2 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing 14. Every Applicant for a LicenseLicence, for renewal of a LicenseLicence, or for a transfer of LicenseLicence:
a) must provide the following information, in the form prescribed by the Licence Inspector: i. The civic and legal address for the proposed place of Business; ii. The trade name under which the proposed Business will operate; iii. Where the Applicant is a sole proprietorship or partnership, the full name, mailing address and telephone number of the Applicant or Applicants; iv. Where the Applicant is a corporation, the full name and mailing address of the principal managing employee or employees and the telephone number of the Business; Any certificate, authority, LicenseLicence or other document of qualification under this or any other Bylaw, or under any Statute of Canada or the Province of Alberta that may be v. required in connection with the carrying on of the Business; vi. Such other information as the LicenseLicence Inspector may reasonably require.
15. An Application for a LicenseLicence or for a renewal of a LicenseLicence shall not be considered by the LicenseLicence Inspector until the fees as set out in this bylaw have been received by the Town. Unless otherwise indicated in this bylaw, the fees shall be:
a) $180; and b) the amounts in Schedule “B;” and c) in the case of a Non-Resident Business, $180.
amended 2010.12.16 Bylaw 303 amended 2017.01.01 Bylaw 367 amended 2018.01.01 Bylaw 388 amended 2018.01.01 Bylaw 388-1 amended 2020.12.07 Bylaw 388-3
16. Any Non-Resident Business in the Service sector may be issued up to two (2) temporary Business Licenseslicences per calendar year, which shall be valid for thirty (30) consecutive days from issue, upon approval from the LicenseLicence Inspector for a LicenseLicence fee of:
a) 182; plus b) $146, allocated as a Schedule B fee
added 2010.12.16 Bylaw 303 amended 2017.01.01 Bylaw 367 amended 2018.01.01 Bylaw 388 amended 2018.01.01 Bylaw 388-1 amended 2020.12.07 Bylaw 388-3 For 2014, and each year thereafter, any
17. Any Non-Resident Business that is engaged in class 400, 401 or 500 may be issued a temporary Licence, valid for twenty-four hours from issue from the Licence Inspector for a LicenseLicence fee of:
a) $124; plus b) $99.00, allocated as a Schedule B fee.
amended 2013.12.24 Bylaw 331 amended 2014.11.24 Bylaw 341 amended 2017.01.01 Bylaw 367
Page 3 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing amended 2018.01.01 Bylaw 388 amended 2018.01.01 Bylaw 388-1 amended 2020.12.07 Bylaw 388-3
18. Any Non-Resident Business who has held a temporary Business LicenseLicence in accordance with section 16 or section 17 and who subsequently applies for an annual LicenseLicence within the same calendar year shall be credited with the fee amount already received.
added 2010.12.16 Bylaw 303 amended 2017.01.01 Bylaw 367
19. Notwithstanding the fees set out in this bylaw, if an Applicant for a Resident Business LicenseLicence satisfies the LicenseLicence Inspector by way of statutory declaration or otherwise that the gross annual revenue of the Business is $30,000.00 or less, the total Business LicenseLicence fee shall be $180, with 50% of the fee allocated as a Schedule “B” fee.
amended 2010.12.16 Bylaw 303 amended 2017.01.01 Bylaw 367 amended 2018.01.01 Bylaw 388 amended 2018.01.01 Bylaw 388-1 amended 2020.12.07 Bylaw 388-3
When a LicenseLicence is issued to a Business to carry on operations in two or more Business Sectors from the same Business Premises, the LicenseLicence fee shall be calculated as $180 plus the fee 20. amounts in Schedule “B” for each Business Sector Fee in which the Business operates.
amended 2010.12.16 Bylaw 303 amended 2017.01.01 Bylaw 367 amended 2018.01.01 Bylaw 388 amended 2018.01.01 Bylaw 388-1 amended 2020.12.07 Bylaw 388-3
21. Temporary Sales located in an established commercial premises will be subject to a daily LicenseLicence fee of:
a) $180/day if already licensed elsewhere in Banff for the same category; b) $770/day if not licensed elsewhere in Banff for the same category.
Page 4 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing amended 2010.12.16 Bylaw 303 amended 2017.01.01 Bylaw 367 amended 2018.01.01 Bylaw 388 amended 2018.01.01 Bylaw 388-1 amended 2020.12.07 Bylaw 388-3
22. The Business Licence Fee, pursuant to Schedule “B”, for each Hotel, Bed and Breakfast Home, and Bed and Breakfast Inn with greater than four rooms shall be determined by the Town each year in accordance with the following:
a) Every Hotel, Bed and Breakfast Home and Bed and Breakfast Inn, greater than four rooms, shall provide to the Licence Inspector, or to any person authorized by the Licence Inspector, on or before November 15, of each year, commencing in 2006with the information specified in Section 22(b) of this Bylaw;
amended 2013.12.24 Bylaw 331
For 2007, and each year thereafter, the Business Licence Fee shall be an amount equal to 50 percent of the Alberta Tourism Levy, as defined in the Tourism Levy Act, RSA 2000, c. T- b) 5.5, payable by that Hotel, Bed and Breakfast Home or Bed and Breakfast Inn with greater than four rooms, for the prior year, subject to any acceptable adjustments thereto as reported in an acceptable form, to the Licence Inspector by such business or their authorized agent which shall include any chartered accountant authorized on behalf of such businesses to provide this information to the Licence Inspector;
c) Any amendment to this bylaw provision shall not be operative until the expiry of 12 consecutive months commencing as of the first day of the January following the year in which any such amendment is passed by Council.
23. All Business Licencelicence fees are due and payable:
a) For all Business except for Hotels, Bed and Breakfast Homes, and Bed and Breakfast Inns with greater than four rooms, thirty days after the date invoices are sent to Licensees. i. Notwithstanding section 23(a), All Business except for Hotels, Bed and Breakfast Homes, and Bed and Breakfast Inns with greater than four rooms may enter into a payment plan with the Town to make three equal payments due on March 31, June 30, and September 30 of each calendar year, providing: . The Licensee’s account with the Town is in good standing, The Business LicenseLicence for which the fee is due is active from January 1 to December . 31 of the calendar year, and The Licence Inspector has not approved a reduction of the fee in accordance with . section 19 of this bylaw. ii. If a Licensee who has entered the payment plan in accordance with section 23(i) fails to make two consecutive payments, the full amount owing is due and payable and the Licensee is ineligible for the payment plan for the next calendar year.
amended 2011.12.19 Bylaw 312
Page 5 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing
b) For Hotels, Bed and Breakfast Homes, and Bed and Breakfast Inns with greater than four rooms, following issue of an invoice, in accordance with the following:
Percentage of Annual Fee Date Payment is Due 20% March 31 25% June 30 40% September 30 15% December 31
24. Charitable and Non-Profit Organizations and Family Day Homes, as defined in this Bylaw, are exempt from all requirements of this Bylaw.
amended 2008.03.27 Bylaw 278
25. If a Hotel, Bed and Breakfast Home, or Bed and Breakfast Inn with greater than four rooms ceases operations for any reason within a licensing year, the Business Licencelicence fee up to the date the Business ceases operations is due and payable.
Any Resident or Non-Resident Business which commences Business or operation after January 1st and has not previously been in operation in that calendar year shall pay prorated amount of the appropriate LicenseLicence fees provided for in this bylaw, which amount shall be prorated on a quarterly 26. basis.
27. The LicenseLicence Inspector may allow any Business closed for a renovation for which a development permit or a building permit has been issued to pay a prorated LicenseLicence Fee, based on the period of time the Business is closed due to the renovations.
28. Licence fees must be paid in full by the due date. Post-dated cheques must be valid the date on which payment is due. A LicenseLicence fee is non-refundable. Unpaid Licence fees are a debt owed to the Town.
amended 2014.11.24 Bylaw 341
29. Where a LicenseLicence fee has been paid by an uncertified cheque the LicenseLicence:
a) may be issued subject to the cheque being accepted and cashed by the bank, and will be automatically revoked if the cheque is not accepted and cashed by the bank on which b) it is issued.
30. The fee to replace a lost licenselicence is $25.
31. A Licensee may transfer a LicenseLicence issued to him to another person or to another Business Premises, or change the information contained on the LicenseLicence upon approval of the LicenseLicence Inspector.
Page 6 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing 32. All LicenseLicence fees shall be used:
for the administration and enforcement of this Bylaw, for visitor experience project funding, a) and for other municipal services, and b) in the case of Schedule “B” for the marketing and promotion of the Town as a tourist destination area.
TERM OF LICENSELICENCE Every annual LicenseLicence issued under the provisions of this Bylaw, unless revoked, cancelled or surrendered, shall terminate at midnight on the 31st day of December of the year in which said 33. License Licence was issued.
amended 2010.12.16 Bylaw 303
34. Notwithstanding Section 33, unless the Town is notified in writing of surrender or cancellation, a Business holding a valid LicenseLicence on December 31st is deemed to wish to renew that LicenseLicence for a subsequent year, and the Town will issue an invoice to that Business for the fee owing in accordance with this bylaw. If the LicenseLicence fee is not received by the Town within the time periods provided for in Section 23, the fee will be subject to monthly interest charges, until such time that it is paid or is determined by the LicenseLicence Inspector that the licenselicence is surrendered or cancelled. Where interest is charged, it shall be charged on the outstanding balance each month and the monthly rate of interest used to calculate the interest owing shall be one and one half percent (1.5%).”%).
35. Where the Town has approved a quarterly payment structure for Business Licenselicence fees, the LicenseLicence will be considered surrendered if any of the four payments is not received in full by the Town within thirty days of the due date provided for in this Bylaw. .
POSTING OR PRODUCTION OF LICENSELICENCE 36. A Licensee shall:
a) post the LicenseLicence in a prominent visible location in the Business Premises; or if it is not practical to post the LicenseLicence, produce the LicenseLicence forthwith upon demand by a b) License Licence Inspector or Bylaw Services Officer.
NATIONAL PARK REGULATIONS The granting of a LicenseLicence pursuant to this Bylaw does not of itself establish that the holder of the LicenseLicence is a "Resident" as defined in the National Parks Lease and LicenseLicence of Occupation
Page 7 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing 37. Regulations (Canada) as amended.
CONSULTATIONS The LicenseLicence Inspector may consult, prior to issuing or renewing a LicenseLicence, with the Province of Alberta, the RCMP, Parks Canada, Headwaters RegionalAlberta Health AuthorityServices, and any Town Department to determine whether they are in possession of information which, in the opinion of 38. the LicenseLicence Inspector, renders it inappropriate for an Applicant to be issued a LicenseLicence.
39. The LicenseLicence Inspector may determine that it is inappropriate to issue a LicenseLicence to an Applicant where the safety, health or welfare of the public may be at risk due to the issuance of a LicenseLicence.
40. With respect to LicenseLicence renewal, the LicenseLicence Inspector may renew the LicenseLicence without consulting the Town Planning and Development department, if the Town Planning and Development department has previously confirmed that all necessary approvals required under the Town’s Land Use Bylaw have been obtained, and,
a) There has not been a change in the Business ownership since the Town Planning and Development department gave approval, and, b) The Business has been carried on continuously at the same Business Premises and in the same manner.
Subject to the provisions of this Bylaw, upon receipt of an Application for a LicenseLicence, the License 41. Licence Inspector may,
a) Grant a Licence, or Refuse a LicenseLicence, if the Applicant is in breach of this or any other Bylaw of the Town, does not have an occupancy permit (if required pursuant to the Town's Building Permit Bylaw), has not met the requirements of this Bylaw, or in the LicenseLicence Inspector's opinion, there are b) other just and reasonable grounds for the refusal of the Application.
Page 8 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing
INSPECTIONS Where a Business requires a Business Licencelicence or is Licensed, then the Business Premises and surrounding lot may be inspected by a LicenseLicence Inspector or Bylaw Services Officer, who shall at all reasonable times have the right to enter upon any Business Premises required to be Licensed under the provisions of this Bylaw for the purpose of inspection or for the purpose of ascertaining if the 42. provisions of this or any other Bylaw of the Town are being complied with.
43. A Licence Inspector or Bylaw Services Officer may inspect a Business Premises or site at which a contractor is working for the purpose of ascertaining if the provisions of this or any other Bylaw of the Town are being complied with.
A person whom a LicenseLicence Inspector reasonably believes is carrying on a Business requiring a 44. Business LicenseLicence, or who is an Applicant, shall,
permit and assist in all inspections requested by a LicenseLicence Inspector or Bylaw Services a) Officer; furnish to a LicenseLicence Inspector or Bylaw Services Officer all identification, information, or b) documentation related to the inspection or Licensing requirement; and c) not provide to a LicenseLicence Inspector or Bylaw Services Officer false or misleading information or information intended to mislead with regard to any matter or thing arising in connection c) with the Licensing of the Business.
No person shall attempt to prevent, obstruct or hinder a LicenseLicence Inspector or Bylaw Services 45. Officer from making an inspection authorized by this Bylaw.
During an inspection authorized under this Bylaw, a LicenseLicence Inspector or Bylaw Services Officer may examine any Business record or document for the purpose of enforcing this Bylaw, remove 46. any relevant record or document from the Business Premises for the purpose of copying it, and will provide a receipt for any document or record so removed.
REFUSAL, REVOCATION, SUSPENSION A LicenseLicence Inspector shall refuse an Application if, in the opinion of the LicenseLicence Inspector, any Licensing requirements of this bylaw have not been met or the LicenseLicence Inspector has reasonable
Page 9 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing 1.47. grounds to believe that operation of the Business poses a danger to the safety, health or welfare of the public.
amended 2008.03.27 Bylaw 278
2.48. A Licence Inspector may suspend or revoke a Licence if:
a) The Licensee fails to comply with the Licensing requirements of this bylaw; or The LicenseLicence Inspector has reasonable grounds to believe that operation of the Business b) poses a danger to the safety, health or welfare of the public.
amended 2008.03.27 Bylaw 278
3.49. The Licence Inspector may make inquiries and receive information, including information from the Applicant, to determine whether there are just and reasonable grounds for the refusal of an Application, or a revocation, or a suspension of a Licence.
amended 2008.03.27 Bylaw 278
4.50. A suspension of a Licence may be:
a) for a period of time not exceeding the unexpired term of the Licence; or b) where the suspension is for non-compliance with the licensing requirements of this bylaw, until the holder of the suspended Licence proves compliance to the satisfaction of the Licence Inspector.
51. A LicenseLicence may be revoked or suspended for non-compliance with any law or regulation notwithstanding that the holder of the LicenseLicence has not been prosecuted for a contravention of that law, where the LicenseLicence Inspector has reasonable grounds to believe that the Licensee poses a danger to the safety, health or welfare of the public, to the protection of property.
52. When an Application for a LicenseLicence is refused, or when a LicenseLicence is revoked or suspended, the LicenseLicence Inspector shall notify the Applicant or Licensee, in writing, of the refusal, revocation or suspension and the reasons for it:
a) by delivering a notice to the Applicant or Licensee personally; or by delivering a notice by registered mail to the Applicant’s or Licensee’s most recent place of b) Business or residence as shown on the LicenseLicence or Application.
5.53. After the delivery of a notice of the refusal of an Application or a suspension or revocation of a LicenseLicence, the Business shall not be carried on until such time as a LicenseLicence is issued or the suspended LicenseLicence is reinstated.
amended 2008.03.27 Bylaw 278 Page 10 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing
APPEALS 6.54. Where an Application for a Licence has been refused, a Licence revoked or suspended or an exemption has been refused, the Application may appeal the decision to Council. All appeals shall be made in writing addressed to the LicenseLicence Inspector of the Town, and received by the Town within 45 days of the date of issue of refusal, revocation or suspension.
amended by Bylaw 261
55. Any Applicant for a License may appeal to Council the License fee imposed or the Business Sector of Business applied to the Applicant. All appeals of LicenseLicence fee or Business Sector shall be made in writing addressed to the LicenseLicence Inspector of the Town and received by the Town, on or before the due date for payment of the LicenseLicence fee.
Upon receipt of any appeal under Section 54 or 55 Council, or a Committee appointed by 56. Council, shall:,
a) Schedule and hold an appeal hearing not more than thirty days following receipt of appeal; b) Advertise the date, time and details of the appeal hearing at least once a week for two consecutive weeks in at least one newspaper or other publication circulating in the area to which the appeal relates; c) Allow any third party to make written or oral representation in support of or in opposition to the appeal at its first regular meeting following receipt of the recommendation; d) If a Committee hears the appeal, make a written recommendation to Council within fifteen days of the hearing following which Council shall make a decision upon the appeal; e) If Council hears an appeal, make a decision on the appeal.
57. Council may extend the time frames referred to in Section 5254 and 56 of this Bylaw, but any such extension shall not exceed fifteen (15) days in total.
VIOLATIONS Any Person who contravenes a provision of this bylaw or the terms of any permit issued 58. pursuant to this bylaw is guilty of an offence and is liable for the penalty set out in Schedule “C”, or if no penalty is specified in Schedule “C” for the offence, for the penalty in accordance with Section 61of this bylaw.
59. When a corporation commits an offence under this bylaw, every principal, director, manager, employer or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence.
Page 11 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION TownofBanffBylaw 22-9 – Business Licensing 60. If a partnership is guilty of an offence under this bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence.
61. Violation tickets:
Where a LicenseLicence Inspector reasonably believes that a person has contravened any provision of this bylaw, the LicenseLicence Inspector or Bylaw Services Officer may serve upon the person a Violation Ticket, allowing payment of the specified penalty set out in Schedule “C” for the offence, and the recording of such payment by the Court shall constitute acceptance of a a) guilty plea and the imposition of a fine in the amount of the specified penalty. b) This section shall not prevent any LicenseLicence Inspector or Bylaw Services Officer from issuing a ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedure Act or from laying an information in lieu of issuing a Violation Ticket.
62. Except as otherwise provided in this Bylaw, a person who is guilty of an offence under this Bylaw for which a penalty is not otherwise provided, is liable to a fine of not less than $200.00 and not more than $500.00.
63. The imposition of a fine either by issuance of a Violation Ticket or by summary conviction in court shall not relieve any person so fined from any debt owing to the Town for an unpaid Business Licence.
TRANSITION If any clause in this Bylaw is found to be invalid, it shall be severed from the remainder of the 64. Bylaw and shall not invalidate the whole Bylaw.
65. Schedules “A,” “B,” and “C” form part of this Bylaw.
66. Bylaw 22-8 and Bylaw 255 are9 is repealed upon this Bylaw coming into force.
67. This Bylaw comes into force on January 1, 2007Month, Day, Year.
Read a first time this 27thXXX day of November, 2006. Month, Year.
Read a second time this 11thXXX day of December, 2006Month, Year.
Read a third time this 11thXXX day of December, 2006Month, Year.
Approved on behalf of the Town of Banff: Page 12 of 15 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2
Karen Sorensen Date Mayor
Kelly Gibson Date Town Manager
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION Town of Banff Bylaw 22-10 – Business Licensing
SCHEDULE “A” - DEFINITIONS Applicant means a person who applies for a LicenseLicence or the renewal of a LicenseLicence required by this 1. Bylaw.
2. Application means a written Application for a Business Licenselicence or renewal thereof required under this Bylaw.
3. Business means
a) a commercial, merchandising or industrial activity or undertaking; b) a profession, trade, occupation, calling or employment, or c) an activity providing goods or services,
whether or not for profit and however organized or formed, including a co-operative or association of persons. 4. Business Licence and License and Licence, Licensed and Licensing means a LicenseLicence issued pursuant to this Bylaw.
5. Business Premises includes any store, office, dwelling, warehouse, yard, building, enclosure or other place occupied, or capable of being occupied, for the purpose of carrying on a Business and in which place the carrying on of a Business is a permitted or discretionary use under the Town’s Land Use Bylaw.
6. Business Sector and Business Sectors means any one of the following: lodging, restaurants/bars, retail, transportation/attractions/entertainment, or service.
7. Bylaw Services Officer means an employee of the Town who has been appointed to the position of Bylaw Enforcement Officer or Bylaw Services Officer pursuant to Bylaw Enforcement Officer Bylaw 5-2.
8. Carry on, carrying on, carried on and carries on means to conduct, operate, perform, keep, hold, occupy, deal in or use, for a fee or exchange of benefits, whether as principal or agent.
9. Charitable Organization means
a) any incorporated or unincorporated organization that is formed for a charitable purpose, including a philanthropic, benevolent, educational, health, humane, religious, cultural, artistic or recreational purpose, so long as the purpose is not part of a Business, or b) a person who makes solicitations for contributions to be used for a charitable purpose and who is not connected to any incorporated or unincorporated organization that is formed for the charitable purpose for which the solicitation is made.
Page 14 of 19
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION Town of Banff Bylaw 22-10 – Business Licensing
Development Officer means a person appointed as Development Officer by resolution of 10. Council to fulfil the duties specified in the Town of Banff Land Use Bylaw.
11. Family Day Home means the accessory use of a dwelling, operated under contract with a Family Day Home Agency, to provide care and supervision on an ongoing basis of six or fewer children including, where applicable, the provider’s own children.
Definition 11 added 2008.03.27 Bylaw 278
12. Family Day Home Agency means an individual, partnership, group of individuals or a corporation that contracts with a Child and Family Services Authority to administer a family day home service, which may include provider recruitment, selection, training, and monitoring; assistance to parents with choosing a home; enrolment and placement of children in homes; and may also include the collection of parent fees and payment of providers.
Definition 12 added 2008.03.27 Bylaw 278 13. Hawker means any person who:
a) goes from house to house selling or offering for sale any merchandise or service, or both, to any person, and who is not a wholesale or retail dealer and direct seller in that merchandise or service, and not having a permanent place of business in the municipality, or b) sells merchandise or a service, or both, on the streets or roads or elsewhere than at a building that is his permanent place of business.
14. Licensee means the holder of a valid and subsisting LicenseLicence issued pursuant to the provisions of this Bylaw.
15. Licence Inspector means the Town’s Manager of Corporate Services or any other person as may be authorized by Council to enforce the provisions of this Bylaw.
16. Lodging means a person, corporation or organization resident in Banff engaged in the rental of accommodation on a short term basis, including hotels, motels, hostels, and bed & breakfasts.
17. Non-Profit Organization means a club, society, or association that's organized and operated solely for social welfare, civic improvement, pleasure or recreation, or any other purpose except profit.
18. Non-Resident Business means a Business that is carried on, in whole or in part, within the Town, but neither maintains a permanent place of Business within the incorporated boundaries of the Town nor is listed on any current Town tax assessment roll.
19. Resident Business means any Business that locates or maintains a permanent place of Business within the incorporated boundaries of the Town, including commercial operations, licensed home occupations and bed and breakfast operations.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION Town of Banff Bylaw 22-10 – Business Licensing
20. Restaurant/Bar means a person, corporation or organization resident in Banff engaged in the retail sale of food or beverage to the public for consumption within the premises or off the site, and, without limiting the foregoing, includes licensed drinking establishments, restaurants, cafes, delicatessens, ice cream shops, tea rooms, lunchrooms and take-out restaurants.
21. Retail means the sale or offering for sale of tangible personal property from a premises in the Town of Banff to a consumer for purposes of use and not for resale, and without limiting the forgoing includes the retail sale of groceries, beverages, baked goods, household goods, clothing, jewellery, furniture and appliances, hardware, printed matter, confectionery, gifts and souvenirs, tobacco, pharmaceutical and personal care items, automotive parts and accessories, office equipment, stationery and similar goods, minor public services, such as postal services and film processing depots, and convenience retail stores from within an enclosed building.
Service means a person, corporation or organization engaged in the operation of a business in Banff which primarily serves residents or businesses defined as Lodging, Restaurants/Bars, Retail, Ski area or Transportation/Attraction/Entertainment; and without limiting the forgoing 22. includes; agency sales or distributors, automotive, banks, full service banking machines (when no local branch), brokerages, business support services, car washes, cleaning services, contractors, currency exchanges, educational services, financial institutions, garages, laundry and linen supplies, marriage commissioners, newspapers, personal services including massage and spa, printing businesses including publishers, designers and websites, property development firms, property management companies, repair services, service stations, towing companies, trades, travel agencies, and wholesalers.
23. Town means the Corporation of the Town of Banff and, where the context requires, the land included within the boundaries of the Town of Banff.
Transportation/Attraction/Entertainment means a person, corporation or organization resident in the Town of Banff engaged in the operation of public transportation, a photography, film or video production business, a tour and/or guide business, or in the operation of a business which primarily operates as a business encouraging patrons to use its facilities and, 24. without limiting the foregoing, includes movie theatres, live theatres, bowling alleys, pool rooms, museums, gondola lifts, arcades, rentals, golf courses and tennis courts; or in the business of selling, providing or distributing tour packages, tour arrangements and reservation services.
25. Temporary Sales means the selling of goods or services, including food and beverages from a temporary location in any place where the public has an expected right of access, but not including sales to a wholesale or retail dealer in any such goods.
1.26. Violation Ticket means any ticket or tag in a form approved by the Town of Banff, authorized under the Provincial Offenses Procedures Act, issued for any offence for which a penalty may be paid out of court in lieu of appearing to answer a summons.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION Town of Banff Bylaw 22-10 – Business Licensing
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION Town of Banff Bylaw 22-10 – Business Licensing
SCHEDULE “B” – 2021 BUSINESS LICENCE FEES
2021 Fee Resident Business Licence Fee (base amount) - Section 15(a) per licence + schedule $180.00 Non-Resident Business Licence Fee (base amount) - Section 15(a) per licence + schedule $180.00 Non-Resident Service Sector 30 Day Temporary Licence - Section 16 per licence $328.00 Non-Resident Class 400,401,500 One-Day - Section 17 per licence $223.00 Resident Business with Gross Revenue Deduction - Section 19 per licence $180.00 Multiple Business on One Premise - Section 20 per licence $180.00 Temporary Retail Sales - licensed elsewhere - Section 21(a) per licence/per day $180.00 Temporary Retail Sales - not licensed elsewhere - Section 21(b) per licence/per day $770.00 Business Sector Class 2021 Fee Sector I - Lodging Lodging - Hotels, B&B Inns, and B&B Homes with greater than four (4) rooms 100 Fee determined annually in accordance with Section 22 of the Bylaw Lodging - B&B Homes with four (4) rooms or less (per pillow) 101 $46.53 Sector II - Restaurant/Bar Restaurant/Bar (per seat) 200 $39.39 Sector III - Retail Retail Sales (per square foot) 300 $2.12 Cannabis Retail (per square foot) 300 $2.12 Sector IV -Transportation, Attractions and Entertainment Photographers/Videos 400 $537.78 Activities/Guiding/ Reservations/DMC/ Event Planners Owner/Operator or one employee 401A $537.78 Two to five employees 401B $657.30 Six to nineteen employees 401C $776.82 Twenty or over employees 401D $896.33 Heli Skiing/Heli Hiking 402 $4,063.32 Horse Livery 403 $7,887.61 Movie Theatres (per screen) 404 $1,314.61 Motor Vehicles 1 – 2 Vehicles 405A $1,195.10 3 - 6 Vehicles 405B $1,792.64 7 – 19 Vehicles 405C $3,585.28 20 – 25 Vehicles 405D $5,975.46 26 – 30 Vehicles 405E $10,755.84 31 – 35 Vehicles 405F $13,146.04 36 – 40 Vehicles 405G $16,737.86 41 – 45 Vehicles 405H $19,121.49 46 – 50 Vehicles 405I $21,511.66 Over 50 Vehicles 405J $23,901.84 Rental Cars 406 $2,390.20 Sector V - Service Agency or Sales Business, Business Support, Contractors, Automotive Repair, Service or other Owner/Operator or one 500A $537.78 Two to five employees 500B $657.30 Six to nineteen employees 500C $776.82 Twenty or over employees 500D $896.33 Bank/Financial Institution 504 $6,214.48 Banking Machines / Full Service ATM (per ATM) 505 $1,804.58 Newspapers 506 $3,346.26 **Miniumum Business Licence Fee $537.78
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 8.6 Attachment 2 OFFICE CONSOLIDATION Town of Banff Bylaw 22-10 – Business Licensing
SCHEDULE “C” – SPECIFIED PENALTIES
Schedule C Penalties amended 2013.12.24 Bylaw 331
Section Description Amount
3 Carrying on or operating a Business within or partially within the $500.00 plus $100.00 per day for each day Town without a valid and subsisting Business LicenseLicence. the offence continues after conviction.
45 Refusing a LicenseLicence Inspector or Bylaw Services Officer $500.00 from conducting any inspection authorized by this bylaw.
36 Failing to post the Business LicenseLicence in a conspicuous $200.00 place on the Business premises of the Licensee.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 9.1
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 10.1
Banff Town Council May 16/2021 Banff Town Administration Banff, AB
RE: Train whistle-free “Quiet Zone”
I do not agree with the idea of a train whistle-free “Quiet Zone” for Banff. My main reason is safety. The reason trains used to blow whistles, and now sound horns, is to let everyone and everything know that a massive xxx,000s of tons/tonnes of equipment is moving, or about to move. No body and no thing is going to win in a collision with a moving train unless it is just starting to move.
It has been pointed out that there has been a great increase in train traffic since the 50’s and 60’s, and there could be a greater increase if Canadian Pacific starts moving petroleum products by rail due to a lack of pipelines.
There may be some nostalgia and heritage attached to the old steam engines, but I am sure the residents living near the rail line in those days were happy to have the sound buffers in place when the big Northern and Selkirk locomotives rumbled by with all the extra noise that a steam engine’s extra external moving parts made, whereas a diesel locomotive’s mechanicals are all inside a metal shell.
And that is the buffalo in the china shop - the lack of sound buffers between the Liricon parking lot and places like Mount Edith House and the Day Care center, which was referenced by Mr. Locke and Ms. Douglas in their letters to Council and Administration.
Both Liricon Capital and Town Council/Administration bear responsibility for this problem. For all the “science” that Liricon developed for their parking lot proposal, did none of it factor in the consequences of what removing so many tress in the area next to Mount Edith House and the Day Care center would bring about? And was there no question on the part of the Town regarding this lack of “science”, or oversight as the tree removal took place?
Perhaps that end of the parking lot should be closed until proper sound barriers can be installed. With the tourist season likely to be quieter again this summer due to COVID, even a temporary wall would help alleviate some of the problem until a proper screen of trees can be developed. I have often heard that the Town has a policy of “remove a tree - replace that tree”. Is Liricon being held to that policy?
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 10.1
One aspect that many supporters of the quiet zone propose is to reduce the loudness of the horns. It sounds logical if one thinks of a car horn, but I am not sure that this would be true for a diesel horn. There is also the aspect that horns are loud for a reason - to make sure that everyone and everything knows of the train’s presence. The length of each sounding of the horn is also a deliberate pattern, going back to the days before radios were part of a train crew’s equipment. The Town’s ability to regulate the use of the horns may depend on whether the rail line is considered to be within Banff’s town limit or if it is considered to be on the outskirts of town. CP’s rail line runs through the center of Canmore but it runs along the boundary of Banff, so it is not a fair comparison.
I sympathize with the seniors who live at Mount Edith House who have their sleep disrupted each night, and also with the Day Care staff who have to deal with children made cranky by the noise. I know that coyotes and dogs feel compelled to howl at the sound, but I am sure that that happened with steam whistles as well. A proper sound barrier will help with the first two situations, and only Mother Nature can help with the third.
One last point that I would like to make, which has been brought to my attention by a couple of people. Although the petition speaks specifically about Canadian Pacific trains, would this quiet zone apply to the Rocky Mountaineer trains once they return, and whatever other rail service may be in the future with Liricon’s “transportation hub” plans? Various rail companies may use horns from different manufacturers with different tones, but a diesel horn with another note is still a diesel horn.
Thank you. Les Young
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council For Public Release Date: 2021-06-28 Dept: Municipal Clerk, Corporate Services, Town of Banff Item#: 12.1
RELEASED REQUEST FOR DECISION Subject: Resignation and Appointment of Public Member to the Community Art Committee
Presented to: Council Date: 2021 June 28
Submitted by: Libbey McDougall, Agenda #: 12.1 Municipal Clerk
RECOMMENDATION
That Council:
1. Accept Connor Gravelle’s resignation and thank him for his service on the Community Art Committee; 2. Appoint one public member to the Community Art Committee to complete the remainder of a three year term ending on the 2023 Annual Organizational Meeting of Council; 3. Thank all individuals who applied to serve on the Community Art Committee as part of this recruitment campaign; 4. Direct that this Report becomes a public document after Council rises and reports on the matter; and 5. Direct that Confidential Attachments 1 through 3, and the closed meeting discussions, remain confidential pursuant to Sections 17 (Disclosure to personal privacy) and 19 (Confidential evaluations) of the Freedom of Information and Protection of Privacy Act.
BACKGROUND
In accordance with Town of Banff Policy C019-1, Committee Appointments, Council is required to appoint public members to various internal committees, corporations, commissions and boards at the Annual Organizational Meeting (AOM) of Council.
Mr. Gravelle was appointed to his first three year term in 2020, which was due to expired on the 2023 Annual Organizational Meeting of Council:
COU20-306 Moved by Councillor Christensen
That with respect to Recommendation 2 contained in Item 4.1, Appointment of Public Members to Boards, Commissions, Committees, and Corporations, the following be adopted: That Council:
2. Appoint the following three public members to a three year term to the Banff Community Art Committee ending on the 2023 Annual Organizational Meeting of Council:
Released Council Report: Resignation and Appointment of Public Member Item #: 12.1 to the Community Art Committee Page 1 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
i. Charlene Quantz-Wold; ii. Connor Gravelle; and iii. Derek Beaulieu.
For: (7): Mayor Sorensen, Councillor Canning, Councillor Christensen, Councillor DiManno, Councillor Olver, Councillor Poole, and Councillor Standish MOTION CARRIED
Mr. Gravelle notified Administration in early 2021 May that he would be resigning from his position on the Community Art Committee.
Administration responsible for the Community Art Committee approached the Municipal Clerk to ascertain the Community’s options for appointing at one new member to fill the vacancy. In accordance with Sections 6.11 of Policy C109-1, Committee Appointments:
6.11 All applications will remain on file until the following Fall recruitment campaign. These applicants may be contacted throughout the year if a vacancy occurs on any board.
There were some applications on file, and those individuals were contacted to ascertain their interest in serving on this Committee. The Committee also requested that Administration conduct a Recruitment Campaign. This Campaign ran between 2021 May 27 and 2021 June 11. Those applications received, as well as those on file who indicated their interest, were sent to the Community Art Committee for consideration in accordance with Administrative Policy A1006. The Committee’s recommendation to Council is included as Confidential Attachment 3.
SUMMARY OF ISSUE
The Community Art Committee is appointed by Council as part of its Annual Organizational Meeting. It advises Council on opportunities to acquire and place public art throughout the town. The Committee is comprised of seven (7) members, consisting of one (1) Councillor and six (6) members of the public.
For 2021, the Committee is dedicated to the Bear Street Public Art Installation.
To ensure the Community Art Committee can achieve quorum for its meetings, it is recommended that Council appoint a Public Member to complete the remainder of a three year term ending on the 2023 Annual Organizational Meeting of Council.
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
ATTACHMENTS
Confidential Attachment 1: Community Art Committee Public Member Applications Chart; Confidential Attachment 2: Community Art Committee Public Member Applications; Confidential Attachment 3: Community Art Committee Recommendation to Council; Attachment 4: Council Policy C103, Public Art
Submitted By: On Original Libbey McDougall, Municipal Clerk
Reviewed By: On Original Kelly Gibson, Town Manager
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4
POLICY C103 Public Art Approved by Council Date: May 8, 2006 Motion: COU06-163 Department: Community Art Committee
1.0 POLICY It is the policy of the Town of Banff that public art will be managed by the Community Art Committee. The Community Art Committee has determined its vision, mission, and mandate as follows:
Vision: To enrich Banff through public art.
Mission: The Town of Banff seeks to celebrate and expand the diverse and unique nature of Banff through public art. Through siting, acquiring, commissioning and facilitating arts for public spaces, we will create links between the cultural, human, and geographic aspects of Banff. We will provide opportunity for discovery, moments of reflection, dialogue, and engagement – enriching the quality of life for residents and visitors alike.
Mandate: The primary purpose of the Community Art Committee is to enhance the Banff town site with diverse art forms. To fulfill that objective, the committee is charged with setting goals and making plans that articulate the vision and mission, engaging the community, and implementing through an integrated process, policies, and procedures which identify and select new opportunities for public art.
2.0 PURPOSE This policy clarifies the role of the Community Art Committee in the public art process from selection through to installation, and provides the guidelines and procedures to be followed for the acquisition of public art and effective project development.
The installation of public art throughout the Town declares to visitors and residents Banff’s commitment to culture and identifies Banff as a healthy, vital, and proud community. Public art has the potential to: • Document the past and provide a legacy for the future; • Contribute to civic pride; • Contribute to economic development and tourism; • Enhance the commercial atmosphere of Banff; • Provide creative opportunities and challenges for artists; • Create and raise awareness of assets in the community; • Involve residents in shaping the community; • Stimulate private investment in cultural resources: • Develop partnerships and collaborations among community members; • Convey to the public the significant role the Town of Banff plays in developing public art in the community; • Portray a positive image of the municipality; • Improve visitor experience; and • Improve quality of life.
Page 1 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 2 of 11
Public art will also provide another means to realize the objectives of the Heritage Tourism Strategy, significantly contribute to downtown enhancement, and improve the visitor experience. Public art addresses the following goals of the Banff Community Plan: • 3.2.3 Development Quality – by creating assets in the community. • 3.2.7 Tourism and Economy – by enhancing the natural and cultural heritage to support tourism. • 3.2.8 Transportation and Parking – by encouraging more pedestrian movement. • 3.2.11 Community and Visitor Services – by adding to the aesthetics of Banff.
3.0 SCOPE This policy establishes a framework to govern the conception, selection, commissioning, siting, installation, acquisition, maintenance, and conservation of all art located on lands within the Town’s jurisdiction.
4.0 RESPONSIBILITIES
4.1 The Community Art Committee: As set out in the committee’s Terms of Reference (attached as Appendix A) Amended 2017.09.25 COU17-198
4.2 The Community Art Committee Town of Banff Staff Liaison: is responsible for providing administrative support to the Community Art Committee and facilitation between artists, contractors, Town of Banff staff, Council, and Community Art Committee members.
4.3 Council: Any public art installations upon or involving the use of public lands must have the prior approval of Council.
5.0 RELATED POLICIES The Public Art Policy shall be consistent with the policies, bylaws, and regulations applicable to the Town of Banff, including but not limited to, the following: • Banff Community Plan • Town of Banff Heritage Resource Policy • Town of Banff Street Pole Banner Policy • Town of Banff Land Use Bylaw • Town of Banff Street Use Bylaw • Banff National Park Management Plan • Town of Banff Model Class Screening / Canadian Environmental Assessment Act • Town of Banff Purchasing Policy
Town of Banff Policy: Public Art C103
Page 2 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 3 of 11 6.0 DEFINITIONS
6.1 Public Art Program refers to the entire process by which the Town of Banff Community Art Committee places art in public locations. This includes, but is not limited to: proposing locations, creating competitions, arranging commissions, fundraising, jurying, awarding, adjudicating, siting, installing, collecting, promoting, maintaining, inventory management, and relocating and decommissioning all works of art held within the Town of Banff’s Public Art Collection.
6.2 Community refers to the town of Banff proper. While the town of Banff is the primary community this committee seeks to serve, the wider community of the Bow Valley, Alberta, Canada, and the sensibilities of our international tourist market will be considered in realizing the goals of the Community Art Committee.
6.3 Art is defined as any medium of artistic expression resulting from the human creative process. For the purposes of the Community Art Committee, art shall be of the highest quality at all times and shall also serve the criteria of this program.
7.0 PROCEDURES
7.1 General Procedures – Administration
a) Funding Sources: Council will provide an annual allocation to the Public Art Capital Reserve. In addition, the Community Art Committee will use other sources of funding when available and appropriate, such as: • Grants; • Donations and gifts; • Gifts-in-kind; • Partnerships and co-sponsors; and • New funding mechanisms created by Council.
b) Budget: Council is responsible for approving the use of all capital budgets. If a public art project is under consideration, administration will make a submission in the Capital Budget Plan. In some circumstances, a project may be brought forward after the budgeting process, but only if funds are available in the Public Art Capital Reserve.
The budget for any public art project will include an allocation for administration for the art and all its related costs and maintenance. The maintenance allocation must be ten percent of the total budget for the project and will be set aside in the Recreation Operation Reserve. Unused amounts from this reserve may be factored into future projects, depending on the nature and scope of the project, and the likelihood of future maintenance concerns.
c) Management of the Public Art Program: The management of the Town of Banff’s public art program is the responsibility of the Community Art Committee.
Town of Banff Policy: Public Art C103
Page 3 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 4 of 11 d) Dedication of Town Resources: To support the public art program, the Community Art Committee will collaborate and consult with other Town departments where different perspectives and skills are required, such as: Planning and Development; Community Services; Corporate Services; Engineering; and Operations. Depending on the nature and scope of the project, dedication of additional Town resources through the departments will vary.
e) Staffing Requirements and Town Support Staff The Town of Banff will support the work of the Community Art Committee by providing staff resources as outlined in the committee’s terms of reference.
f) Public Engagement While the committee recognizes the importance of community-building, it acknowledges that the committee’s first responsibility is public art. It is the desire of the committee to engage the community defined earlier in an active relationship with works of public art. Residents of Banff may be involved in the work of the Community Art Committee in a number of different capacities including participating in public art selection open houses; becoming a committee member; acting as a jury member in the art selection process; or planning and implementing events, celebrations, and unveilings.
g) Communication The Community Art Committee will keep residents of Banff well informed of its initiatives and projects through the use of various forms of media, including press releases and other such announcements.
7.2 General Procedures – Public Art Projects
a) Initiating Projects: The Community Art Committee is responsible for initiating public art projects, including developing an ongoing inventory that identifies key sites and types of projects, as well as encouraging private sector and other initiatives.
b) Artwork Selection Criteria: The Community Art Committee encourages the consideration of challenging as well as traditional art forms in its public art program. The Committee will evaluate all public art pieces for its collection according to the following requirements:
• Relevance to the Town of Banff; • Relevance to the Request For Proposal (RFP) or Call to Artists; • Relevance to the Heritage Tourism Strategy; • Quality of work; • Uniqueness; • Ability to withstand the weather conditions of this area; • Ease of maintenance; and • Ability to meet the conditions of the contractual agreements between the Town and the artist.
Town of Banff Policy: Public Art C103
Page 4 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 5 of 11 c) Artist Selection Criteria: Artists shall be professionals having proven exhibition experience and sound creative History. A history of public work is preferred
d) Site Selection Criteria: The Community Art Committee will work with Planning and Development, Engineering, Community Services, and other prospective project partners to identify the most appropriate location for public art. Before a site is selected, a number of different factors must be taken into consideration, including: • Public accessibility to the artwork, visibility and potential for profile; • Environmental impact; • Traffic and pedestrians; • Structural, electrical, and mechanical considerations; • Maintenance; • Budget; • Project aesthetics; • Potential to fulfill Town objectives, goals, and departmental initiatives; • Public safety; • Town employee safety; • Potential theft or defamation; and • Partnership potential.
e) Methods of Art Selection: There are four different methods of selecting art for a public art project: • Open Call – Invites any artist to submit a proposal for a public art project. A jury appointed by the Community Art Committee will adjudicate the selection process based on the appropriateness and quality of art for placement within the town; • Limited/Invitational Call – Invites selected artists to submit proposals. A jury will be appointed by the Community Art Committee for the selection process; • Direct Award/Commission – A specific artist is chosen by the Community Art Committee to develop a public art piece for an identified site; and • Acquisition of an existing work as selected by the Community Art Committee.
f) Selection Panels/Juries: In the case of the first two methods mentioned in the previous section, the Community Art Committee is responsible for appointing a jury which will adjudicate on the appropriateness and quality of art. A jury will be appointed for each project, made up of individuals with professional expertise, practicing artists, and members of the community. Jury size is determined by the scope of the project, but a five to seven member jury is generally desirable. Throughout the jury process minutes will be taken, records kept, and information will be clearly communicated. All information exchanged between the jury is strictly confidential until the announcement of a winner.
g) Agreements/Contracts: The selected artist will enter into a written contract with the Town following the approval of the proposed project. Contracts over $2,000 must be co-signed by the Manager of Corporate Services for the purchase of products or services. While other
Town of Banff Policy: Public Art C103
Page 5 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 6 of 11 agreements may be necessary, depending on the nature and scope of the project, the contract will include:
• Description of project; • Work timeline and installation plans; • Description and list of materials; • Proof of artist insurance; • Drawings as approved by a structural engineer; • Liaison with and payment to sub-contractors; • Payment schedules; • Plaquing; • A maintenance and conservation plan; • Copyright; • Reproduction rights; • Property transfer; • Property of the artist; • Assignment of contract; • Warranty; and • Handling of disputes.
A general template will be used for drafting contracts between the Town and artists. However, additions and/or revisions to this contract will occur depending on the nature and scope of the project.
h) Insurance: Public art on public land will be insured under the Town’s property insurance, which covers the Town for all risks related to direct physical loss or damage to an art piece.
i) Safety & Liability:
For all projects, a safety audit and liability assessment will be undertaken in conjunction with a structural engineer and the Town of Banff Risk Management Coordinator, and will be based on project and environmental variables associated with each installation.
Artists participating in the selection process will work with the structural engineer to create an engineering drawing for the proposed art project. Once an art project has been selected and approved, the artist will submit an engineer stamped drawing. During various stages of installation, the engineer will be present to ensure that structural engineering standards for the project have been met. The Community Art Committee will complete a final evaluation of all projects including, but not limited to, an evaluation of: project administration and related procedures, contracts, calls/invitations to artists, jury processes, installations, and openings.
Town of Banff Policy: Public Art C103
Page 6 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 7 of 11 Upon substantial completion, a final review of the installation by the Community Art Committee will be conducted. Subsequently, any outstanding conditions or aspects of the project found to be unsatisfactory or unsound will be addressed until the committee is satisfied with the state of the project.
j) Periodic Policy Review: Upon completion of each public art project, the Community Art Committee will review this policy and recommend any necessary policy amendments. Council must approve any amendments to the public art policy before they come into effect.
7.3 General Procedures – Management
a) Public Art Collection The Community Art Committee is responsible for the public art collection. This entails keeping clear and thorough records of each acquisition, ensuring the provision of routine care and maintenance, and addressing any related issues that may arise.
b) Ownership, Rights, and Responsibilities As per federal legislation, copyright of an artistic work, including preliminary drawings, models, sketches, and work incidental to the production of the artwork will remain with the artist.
Reproductions of artwork may be used for public relations, marketing, and educational purposes. As per federal legislation, reproduction rights of an artistic work belong to the owner of the artwork. In most instances, the Town will be the sole owner of the artwork. In other instances, jointly owned works between the Town and artists require each party to inform the other of each new, one-time use of these rights and the purpose thereof. Other conditions of ownership must clearly grant reproduction rights to the Town of Banff. Failure to do so may void the Town’s ability to collect the work.
c) Materials and Warranty Materials will be supplied by the artist and will be indicated in the artist’s proposal to the Town prior to the award of contract. A detailed maintenance plan will also be included in the artist’s proposal.
The artist will provide to the Town warranties with respect to materials and workmanship. This will guarantee and maintain the work of art against all defects of materials or workmanship following installation and acquisition. The artwork will be the responsibility and at the risk of the artist up to and including the date of delivery of the artwork to the location designated by the Town.
Upon delivery, regardless of the stage of completion, the Town will assume responsibility for the artwork, and will keep and maintain insurance against all risks and file any necessary claims in the event of damage to or destruction of the artwork. The Town will accept responsibility for the site where artwork is to be installed, and will also be responsible for providing a storage area for materials and equipment during installation.
d) Routine Care and Maintenance
Town of Banff Policy: Public Art C103
Page 7 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 8 of 11 It is the responsibility of the Town of Banff to maintain all works of art, including periodic cleaning, routine site checks, conservation, and repair of damages in accordance with the artist’s approved maintenance plan. An appropriate Town department may be responsible for the care and maintenance of public art pieces unless the Town has recommended to retain a more qualified contractor to undertake this task, or has deemed another body responsible.
e) Plaquing Town of Banff public art installations must be clearly labelled with a standard Town of Banff plaque including the following information: • Name of piece • Name of artist • Date of piece • Credit line citing all parties involved in the acquisition of the work including grantors, partners, the Town of Banff, etc. • One line description to create context for public (may be optional).
The plaque will be considered a requirement of the installation and will be included in the RFP process. The plaque will be the artist’s responsibility but final approval (including text and design) rests with the Community Art Committee. All costs associated with plaques will be included in the overall budget for the project.
8.0 ATTACHMENTS 8.1 Appendix A – Community Art Committee Terms of Reference as attached to but not forming part of this policy. Amended 2017.09.25 COU17-198 9.0 REVISION HISTORY 2006.05.08 Policy approved. 2006.09.25 Policy Amended COU06-253 2017.09.25 Policy amended COU17-198
This policy shall be in effect on the date it is approved by resolution of Council.
Approved on May 8, 2006 per Council motion COU06-163.
John Stutz Robert Earl Mayor Town Manager
Town of Banff Policy: Public Art C103
Page 8 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 9 of 11 TOWN OF BANFF Terms of Reference Community Art Committee
1.0 COMPOSITION OF COMMITTEE
1.1 The Community Art Committee (the “Committee”) is comprised of seven (7) members, consisting of one (1) Councillor and six (6) members of the public eligible in accordance with the Town of Banff Committee Appointments Policy.
1.2 Committee members should include representatives from the Whyte Museum of the Canadian Rockies and the Banff Centre if possible, as well as the local art and business community. Council shall encourage representation from the tourism industry when appointing public members.
1.3 Members of the Committee will be appointed by Council directly in accordance with the Town of Banff Procedures Bylaw and Committee Appointments Policy.
1.4 The Committee shall elect a chairperson and a vice-chairperson from among their members at the first regular meeting following an annual organizational meeting of council.
2.0 STATEMENT OF PURPOSE
2.1 The purpose of the Committee shall be to advise the Town of Banff Council (the “Council’) on matters pertaining to public art.
3.0 DUTIES AND POWERS
3.1 The Committee is advisory in nature, making recommendations to Council by way of motion at a Committee Meeting and submitted to a subsequent council agenda for consideration by way of report.
3.2 The Committee shall:
(a) Create a public art policy that will:
Town of Banff Policy: Public Art C103
Page 9 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 10 of 11 • Establish processes and criteria for the selection, placement and maintenance of public art; • Identify funding mechanisms for public art, independent of capital budget funding; • Identify opportunities for community engagement, education, and enjoyment of public art; and, • Establish processes for gifts, donations, bequests and loans of artworks.
(b) Plan and implement public art projects in accordance with the public art policy;
(c) Develop private sector public art and public/private partnerships for public art;
(d) Act in an advisory capacity to Council on matters pertaining to the purchase or acquisition of public art;
(e) Review Town of Banff initiatives involving opportunities for public art;
(f) Conduct its operations and meetings in accordance with the Town of Banff Procedural Bylaw and the Committee Appointments Policy; and,
(g) Act in a manner respecting the Corporation of the Town of Banff, Banff National Park, the community, residents, and visitors.
3.3 The provisions of the Municipal Government Act regarding pecuniary interest shall apply to all members of the Committee.
4.0 MEETINGS
4.1 Regular meetings of the Committee will be set by resolution of the Committee.
4.2 Committee meetings shall be scheduled to occur a minimum of three times annually, based on the work requirements of the Committee. Other meetings may designated as working meeting.
4.3 Committee members are expected to attend all meetings; however, it is recognized that Committee members may be unable to attend some meetings due to conflicts with other commitments or unforeseen circumstances. It is important that the Chair be informed prior to any absences.
4.4 Where a committee member fails to attend 75% of the meetings of the Committee in a 12 month period, the Chair shall discuss the reason for the absences with the member and may ask the individual to resign, if the member has not discussed the reasons for the absences in advance with the Chair.
Town of Banff Policy: Public Art C103
Page 10 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.1 Attachment 4 Page 11 of 11 4.5 A member’s record of attendance may be submitted to Council with respect to renewal of the Committee term.
4.6 All Committee meetings shall be open to the public, with items protected by the Freedom of Information and Protection of Privacy Act discussed in camera in accordance with usual procedures.
4.7 The Committee meeting is to comply with the requirements of the Municipal Government Act, as amended, and the Procedural Bylaw of the Town of Banff, as amended or repealed and replaced from time to time.
5.0 LIAISON
5.1 A representative from Planning and Development will act as the primary liaison between the committee and the Town of Banff administrative staff and will support the working activities of the Committee. Other administrative staff shall attend and/or provide information to the Committee as required by the chair.
5.2 The representative from the Planning and Development shall act as recording secretary and will facilitate communications between the Committee and Council through the distribution of meeting minutes and reports.
5.3 Planning and Development shall provide clerical support, including but not limited to, agenda package preparation, meeting scheduling, and meeting notification.
6.0 REVIEW
6.1 The Committee Terms of Reference shall be reviewed in the year preceding a general election to ensure that they reflect the current mandate of the Committee.
Town of Banff Policy: Public Art C103
Page 11 of 11 Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council For Public Release Date: 2021-06-28 Dept: Municipal Clerk, Corporate Services, Town of Banff Item#: 12.2
RELEASED REQUEST FOR DECISION Subject: Resignation and Appointment of Public Member to the Banff Heritage Corporation
Presented to: Council Date: 2021 June 28
Submitted by: Libbey McDougall, Agenda #: 12.2 Municipal Clerk
RECOMMENDATION That Council:
1. Accept Alexandra Montgomery resignation and thank her for her service on the Banff Heritage Corporation; 2. Appoint one public members to the Banff Heritage Corporation to complete the remainder of a three year term ending on the 2022 Annual Organizational Meeting of Council; 3. Direct that this Report becomes a public document after Council rises and reports on the matter; and 4. Direct that the Confidential Attachments 1 and 2, and the closed meeting discussions, remain confidential pursuant to Sections 17 (Disclosure to personal privacy) and 19 (Confidential evaluations) of the Freedom of Information and Protection of Privacy Act.
BACKGROUND In accordance with Town of Banff Policy C019-1, Committee Appointments, Council is required to appoint public members to various internal committees, corporations, commissions, and boards at the Annual Organizational Meeting (AOM) of Council.
Council, as part of the 2019 October 28 AOM, passed the following motion:
COU19-282 Moved by Councillor Poole
That with respect to Recommendation 2 contained in Item 7.0, Appointment of Public Members to Boards, Committees, Corporations, and Commissions, the following be adopted:
That Council:
2. Appoints the following public member director to a three year term on the Banff Heritage Corporation Board ending on the 2022 Annual Organizational Meeting of council:
• Alexandra Montgomery.
MOTION CARRIED
Released Council Report: Appointment of Public Members Item #: 12.1 to the Banff Heritage Corporation Page 1 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Ms. Montgomery notified Administration in early 2021 May that she would be resigning from her position on the Banff Heritage Corporation (BHC).
Administration responsible for the BHC approached the Municipal Clerk to ascertain the Corporation’s options for appointing at one new member to fill the vacancy. In accordance with Sections 6.11 and 6.12 of Policy C109-1, Committee Appointments:
6.11 All applications will remain on file until the following Fall recruitment campaign. These applicants may be contacted throughout the year if a vacancy occurs on any board.
6.12 Unsuccessful applicants will be notified and put on a wait-list so that any unexpected vacancies can be filled quickly.
As there was an application remaining on file, the Municipal Clerk reached out to the applicant to determine whether there was interest in serving on this Corporation. The application was then sent to the BHC for consideration in accordance with Administrative Policy A1006. The BHC’s recommendation to Council is included as Confidential Attachment 2.
SUMMARY OF ISSUE The Banff Heritage Corporation consists of eight (8) directors and two (2) ex-officio representatives.:
• Four (4) public member directors appointed by Council; • One (1) Council director, and one (1) alternate Council director (as per motion COU05-245); • One (1) Parks Canada director; • One (1) Whyte Museum of the Canadian Rockies director; • One (1) Eleanor Luxton Historical Foundation director ; • One (1) ex-officio advisor (non-voting member) from the Province of Alberta; and • One (1) ex-officio advisor (non-voting member) from the Alberta Association of Architects.
This year, the BHC is dedicated to completing the Banff Heritage Master Plan.
To ensure the BHC can achieve quorum for its meetings (majority (more than half) of all the voting members, as per Procedures Bylaw 44-7, as amended) it is recommended that Council appoint a public member to complete the remainder of a three year term ending on the 2022 Annual Organizational Meeting of Council.
ATTACHMENTS Confidential Attachment 1: Confidential Banff Heritage Corporation Application; Confidential Attachment 2: Confidential Banff Heritage Corporation Recommendation to Council; and Attachment 3: Banff Heritage Corporation Terms of Reference
Released Confidential Council Report: Appointment of Public Members Item #: 12.1 to the Banff Heritage Corporation Page 2 of 3
Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council
Submitted By: Libbey McDougall, Municipal Clerk
Kelly Gibson, Town Manager
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Final Revised Agenda for the 2021 June 28 Virtual Regular Meeting of Council Item #: 12.2 Attachment 3
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