Notice of City Council Meeting

NOTICE OF CITY COUNCIL MEETING

DATE: MONDAY, JUNE 29, 2009 TIME: 1:30 P.M. PLACE: COUNCIL CHAMBERS

A G E N D A

CALL TO ORDER

1:30 p.m.

Invocation Bouquets Adoption of Minutes Adoption of Agenda Delegations, Correspondence, Bylaws, Official Business and Reports

Note: Agenda and all Communications, Bylaws and Reports for Regular Council Meetings are available from the City Clerk’s Office prior to the meeting, as well as through the City of Lethbridge Website @ http://www.lethbridge.ca

ANNOUNCEMENTS:

DELEGATIONS:

1:40 P.M. 1. Dr. Gary Bowie, Chair, Social Housing in Action, re Approval of Service Delivery Plan, ‘Bringing Lethbridge Home’ 2009-2014 [see Communications A]

2:30 P.M. 2. Glen Martin, President, Glen Martin Consulting Inc. and Wayne McKendrick, Vice President, Western Operations, Extendicare (Canada) Inc., re Extendicare Fairmont Park Assessment and Tax Position [see Communications B and Communications 1]

2:45 P.M. 3. Virgil Grandfield, Concerned Citizen, re Closure of St. Michael’s Long Term Care Beds [see Communications C]

3:00 P.M. 4. Allan Jarvie, Chairperson, Chinook Society for Recovering Addicts, re Letter of Support Recognizing the Services Provided to the Community and Supporting their Fundraising Efforts [see Communications D]

2 COMMUNICATIONS (Copies Enclosed)

INTERNAL COMMUNICATIONS

R.D. 1. From Stan Dilworth, City Assessor, re Request for Ongoing Cancellation of Property Tax for 115 Fairmont Boulevard South (Extendicare (Canada) Inc.), Roll #1-0-836-0115-0001

J.H.C. 2. From Stan Dilworth, City Assessor, re Request for a Partial Refund of the 2007 and 2008 Property Tax for 250 – 24 Street North, Roll # 4-1-240-0250-0001

R.K.P. 3. From Stan Dilworth, City Assessor, re Request for a Partial Refund of the 2008 Property Tax for 150 Lynx Cove North, Roll # 4-0-360-0150-0001

M.A.S. 4. From Stan Dilworth, City Assessor, re Request for a Partial Refund of the 2007 and 2008 Property Tax for 173 Mohawk Road West, Roll # 2-0-465-0173- 0001

K.E.T. 5. From Stan Dilworth, City Assessor, re Request for a Partial Refund of the 2007 and 2008 Property Tax for 21 Queens Road West, Roll # 2-0-550-0021- 0001

R.K.P. 6. From Duane Ens, Regulatory Services Manager, re Unsightly Premise at 151 Ryerson Road West

K.E.T. 7. From Stuart York, General Manager, Recreation and Culture, re Renewal of Contract – Facility Lease Agreement – Bill Kergan Centre

T.H.W. 8. From Dianne Nemeth, City Clerk, re 2009 Municipal Census Report

3 COMMUNICATIONS (Continued) (Copies Enclosed)

EXTERNAL COMMUNICATIONS

B.A.L. A. From Dr. Gary Bowie, Chair, Social Housing in Action, re Approval of Service Delivery Plan, ‘Bringing Lethbridge Home’ 2009 - 2014

R.D. B. From Glen Martin, President, Glen Martin Consulting Inc. and Wayne McKendrick, Vice President, Western Operations, Extendicare (Canada) Inc., re Extendicare Fairmont Park Assessment and Tax Position

B.A.L. C. From Virgil Grandfield, Concerned Citizen, re Closure of St. Michael’s Long Term Care Beds

T.H.W. D. From Allan Jarvie, Chairperson, Chinook Society for Recovering Addicts, re Letter of Support Recognizing the Services Provided to the Community and Supporting their Fundraising Efforts

T.H.W. E. From Shirley Morris, re Request for Refund of Found Money, City Police File #09059462

J.H.C. F. From Carole Stark, Executive Director, Chinook Institute for Community Stewardship, re Castle Special Place – Conceptual Proposal and Update (Castle Head Water Area)

BYLAWS:

FOR SECOND AND THIRD READING:

K.E.T. • BYLAW 5594 – Drainage Bylaw

FOR FIRST, SECOND AND THIRD READING:

• BYLAW 5597 – Amendment to the Traffic Bylaw 3994

OFFICIAL BUSINESS:

M.A.S. • Committee Appointments

REPORTS:

J.H.C. • Follow-Up Action List

INCAMERA REPORTS:

• Personnel Matters (FOIP Section 24) • Compensation (FOIP Section 24) • Advice from Officials (FOIP Section 24)

REQUEST FOR DECISION

Date of City Council Meeting: June 29, 2009

Subject: Request for an ongoing cancellation of property tax for 115 Fairmont Blvd S, Roll # 1-0-836-0115-0001

Submitted By: Stan Dilworth, Assessment & Taxation Manager

RECOMMENDATION: Council deny a cancellation of the property tax for this property.

PURPOSE: Summary: (1) The Extendicare (Canada) Inc. facility does not qualify for exemption under sections 362 and 364 of the Municipal Government Act (MGA). (2) Only City Council, under the authority of section 347 of the MGA, can cancel a tax where Council considers it equitable to do so. A motion cancelling the tax would have to be passed by Council annually. The City would remain responsible to pay the Alberta School Foundation Fund (ASFF) and Green Acres Foundation (GAF) portion of the tax levy.

Extendicare (Canada) Inc. purchased the subject property from the City of Lethbridge in March, 2008. The 2008 tax levy in the amount of $20,185.05 prorated for 9 months was paid by Extendicare. As outlined in their letter, Extendicare has taken out a building permit and has commenced construction of an assisted living project to house 140 residents. The facility will provide care for residents suffering from dementia and is scheduled to open in 2010.

Glenn Martin, a representative for Extendicare inquired about qualifying for a property tax exemption for this facility on February 3, 2009, prior to the commencement of construction. We have exchanged several e-mails, had many telephone conversations, and met twice since his initial contact. Together, we have reviewed the exemption criteria established in section 362 of the MGA and examined Municipal Government Board

1 decisions. We also inquired about practices in other municipalities.

Section 362(1)(g.1) of the MGA provides exemption for properties used in connection with health region purposes and held by a health region under the Regional Health Authorities Act. “Held by” has been defined by the tribunals and courts as physical control. Alberta Health Services may provide funding but is not in physical control of the facility.

Section 362(1)(h) of the MGA provides exemption for properties used in connection with nursing home purposes and held by a nursing home administered under the Nursing Homes Act. The current Extendicare facility at 1821 13 Street North is operated as a nursing home and is exempt from property tax. As outlined in their letter, new assisted living projects are not constituted as nursing homes and do not fall under the provisions of the Nursing Home Act. Therefore, the Fairmont Park facility does not qualify for exemption under the provisions of the Nursing Home Act.

Section 362(1)(m) of the MGA provides exemption for property held by a management body and used to provide senior citizens with lodge accommodation under the Alberta Housing Act. Extendicare (Canada) Inc. is not a management body established under the Alberta Housing Act nor does the facility operate under this Act.

Section 362(n)(iv) of the MGA provides exemption for property held by a non-profit organization and used to provide senior citizens with lodge accommodation defined in the Alberta Housing Act. Extendicare (Canada) Inc. is a “For Profit” company and therefore does not qualify.

Mr. Martin has provided three examples of similar “For Profit” facilities in the Towns of Morinville and Vegreville. In both towns, the local council have exempted these properties under section 347(1) of the MGA. This section states: If a council considers it equitable to do so, it may, generally or with respect to a particular taxable property or business or a class of taxable property or business, do one or more of the following, with or without

2 considerations: (a) cancel or reduce tax arrears; (b) cancel or refund all or part of a tax; (c) defer the collection of a tax. Normally, Councils use this section to cancel or reduce tax arrears and current taxes and would require a new motion to exempt the property tax annually. If Council were to exempt the total annual tax levy, Council would be responsible to pay the requisition portion of the levy for the ASFF and the GAF.

Section 364(1) of the MGA only allows a council to pass bylaws exempting property held by a non-profit organization and therefore this section could not be used to exempt the For Profit Extendicare facility.

To the best of our knowledge, no change to the MGA to provide exemptions for this type of facility are currently being considered by the Province. Bill 23 amending Part 9 Assessment of Property, Part 11 Assessment Review Boards, and Part 12 of the MGA was recently passed on June 4, 2009 with no changes to the property tax exemption criteria. The Province re-enacted the Community Organization Property Tax Exemption Regulation in December 2008 without any changes affecting seniors' accommodations.

The Province does not provide an exemption from the ASFF for this type of property.

IMPLICATION OF RECOMMENDATION

GENERAL: The nature of health care delivery is changing as the population ages. The Province does not provide grants in lieu of property taxes for Health Care facilities to assist municipalities with the cost of municipal services provided to non-profit facilities. The community is forced to absorb these costs.

ORGANIZATIONAL: Any tax concession by Council for this facility may set a precedent for future “For Profit” facilities further eroding the tax base.

FINANCIAL: A refund of the 2009 property tax is $20,406.59 for the vacant land parcel. The City would be responsible to pay the

3 ASFF and the GAF portions in the amount of $4,208.00 and $217.79 respectively.

IMPLICATION/ The City Assessor has been in contact with Glenn Martin, the COMMUNICATIONS: representative for Extendicare (Canada) Inc. many times since February 3, 2009. Mr. Martin understands the Administration’s position with regard to their exemption request.

CITY COUNCIL STRATEGIC PRIORITIES: (mark if applicable sections) I:\Everyone\Reports & Studies\City Council\Towards A Sustainable Future .pdf

Affordable Housing Environmental Policy and Plan Financial Stewardship Communications Strategy and Plan Advocacy on Behalf of the Strategy for E-Business Community Downtown Revitalization Inter-municipal Planning Growth Management

BRIEFING SHEET

Legislation & Policy The property does not qualify for exemption under section 362 or 364 of the MGA. Only City Council under the authority of section 347 of the M.G.A. can cancel a tax where Council considers it equitable to do so.

Options (1) Council can deny the request to cancel the property tax. (2) Council can cancel all or a portion of the 2009 tax levy. The total amount would be $20,406.59. The City would be responsible to pay the ASFF and the GAF levies. The total amount of the ASFF and the GAF would be $4,208.00 and $217.79 respectively. (3) Council can cancel all or a portion of the 2009 municipal tax levy. The total amount would be $15,980.80. Recommended Option (1) Council deny the request to cancel the property tax. If Council chose to exempt the property, it may set a precedent for additional requests in the areas of seniors accommodation and subsidized affordable housing. Council would have to pass a motion cancelling the property tax annually.

Risk Analysis If Council decides to cancel the property tax, Council can anticipate additional requests from property owners providing subsidized affordable housing and seniors accommodations.

Submitted By: Stan Dilworth______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time:

REQUEST FOR DECISION

Date of City Council Meeting: June 29, 2009

Subject: Request for a partial refund of the 2007 and 2008 property tax for 250 24 Street North, Roll # 4-1-240-0250-0001

Submitted By: Stan Dilworth, Assessment & Taxation Manager

RECOMMENDATION: Council approves a partial tax refund in the amount of $1,153.01 for 2007 and $6,052.60 for 2008 in accordance with section 347 of the Municipal Government Act, R.S.A 2000, c. M-26 (MGA).

PURPOSE: The Assessment and Taxation Department received a letter from the property owner, Mrs. Jody Bohle, indicating a portion of the subject property has been leased to the University of Lethbridge since October 1, 2007. Under section 362(1)(d) of the MGA, property used in connection with educational purposes and held by the board of governors of a university under the Post-secondary Learning Act is exempt from taxation. The City Assessor granted the exemption in preparing the 2009 assessment roll. The Assessment and Taxation Department was unaware of this lease to the University of Lethbridge until Mrs. Bohle’s letter of April 7, 2009. Under section 368 of the MGA, a part of a taxable property becomes exempt when the occupant of the property changes to one that qualifies for the exemption and the tax must be prorated for the part of the year in which the part of the property was not exempt. Had the assessor known of the occupancy by the University of Lethbridge from October 1, 2007, this premise would have been exempted for three (3) months in 2007 and all of 2008. Under section 347 of the MGA, only council has the authority to refund a portion of a tax where it considers it equitable to do so.

IMPLICATION OF RECOMMENDATION

FINANCIAL: The partial refund of the 2007 and 2008 property tax is $1,153.01 and $6,052.60. The total property tax refund is

1 $7,205.61 (municipal portion $5,708.07).

IMPLICATION/ The Assessor has contacted the property owner, Mrs. Jody COMMUNICATIONS: Bohle, to inform her of this report to Council. She has indicated that she is satisfied with the Administration’s recommendation.

CITY COUNCIL STRATEGIC PRIORITIES: (mark if applicable sections) I:\Everyone\Reports & Studies\City Council\Towards A Sustainable Future .pdf

BRIEFING SHEET

Legislation & Policy Under section 347 of the Municipal Government Act, only Council has the authority to refund all or part of the tax where it considers it equitable to do so. This refund is in accordance with section 347 of the MGA and complies with the direction given in City Council’s Summary of Fiscal Principles, Practices and Policies.

Recommended Option A partial refund of the 2007 and 2008 property tax in the amounts of $1,153.01 and $6,052.60 totaling $7,205.61 be approved.

Submitted By: Stan Dilworth______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time:

REQUEST FOR DECISION

Date of City Council Meeting: June 29, 2009

Subject: Request for a partial refund of the 2008 property tax for address 150 Lynx Cove North Roll # 4-0-360-0150-0001

Submitted By: Stan Dilworth, Assessment & Taxation Manager

RECOMMENDATION: That a partial property tax refund in the amount of $98.75 for 2008 be approved in accordance with section 347 of the Municipal Government Act, R.S.A. 2000, Chapter M-26 (MGA).

PURPOSE: On June 8, 2009 an inspection was conducted by the assessor at 150 Lynx Cove North at the owner’s request. A data error was detected in the description of the physical characteristics of the improvement. The City Assessor has amended the 2009 assessment roll and mailed an amended 2009 Assessment and Tax Notice to remedy this error. This error also existed on the 2008 assessment and tax roll. The owner has requested a refund of a portion of the 2008 tax levy resulting from this error. Under section 347 of the Municipal Government Act, only Council has the authority to refund all or part of the tax where it considers it equitable to do so.

IMPLICATION OF RECOMMENDATION

FINANCIAL: The partial refund of 2008 will be $98.75 (municipal portion $69.31).

IMPLICATION/ The Assessor has contacted the owner, Norm Weighill, and COMMUNICATIONS: informed him of this report to Council. He is satisfied with the reduction on her 2009 tax levy in the amount of $110.10 (municipal portion $69.31). He indicated that any refund that may be granted by Council will be greatly appreciated.

CITY COUNCIL STRATEGIC PRIORITIES: (mark if applicable sections) I:\Everyone\Reports & Studies\City Council\Towards A Sustainable Future .pdf

1 Affordable Housing Environmental Policy and Plan Financial Stewardship Communications Strategy and Plan Advocacy on Behalf of the Strategy for E-Business Community Downtown Revitalization Inter-municipal Planning Growth Management

BRIEFING SHEET

Recommended Option A partial refund of the 2008 property tax in the amount of $98.75 be approved.

Submitted By: Stan Dilworth______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time:

REQUEST FOR DECISION

Date of City Council Meeting:

Subject: Request for a partial refund of the 2007 and 2008 property tax for 173 Mohawk Road, Roll # 2-0-465-0173-0001

Submitted By: Stan Dilworth, Assessment & Taxation Manager

RECOMMENDATION: That a partial property tax refund in the amount of $103.77 for 2007 and $117.71 for 2008 be approved in accordance with section 347 of the Municipal Government Act, R.S.A. 2000, Chapter M-26 (MGA).

PURPOSE: On June 11, 2009, an inspection was conducted by the assessor at 173 Mohawk Road West at the owner’s request. A data error was detected in the description of the physical characteristics of the improvement. The City Assessor has amended the 2009 assessment roll and mailed an amended 2009 Assessment and Tax Notice to remedy this error. This error also existed on the 2007 and 2008 assessment and tax rolls. The owners have requested a refund of a portion of the 2007 and 2008 tax levies resulting from this error. Under section 347 of the Municipal Government Act, only Council has the authority to refund all or part of the tax where it considers it equitable to do so.

IMPLICATION OF RECOMMENDATION

FINANCIAL: The partial refund of the 2007 property tax will be $103.77 and the partial refund of 2008 property tax will be $117.71. The total property tax refund will be $221.48 (municipal portion $153.93).

IMPLICATION/ The Assessor has contacted the owner, Keith Grier, and COMMUNICATIONS: informed him of this report to Council. He is satisfied with the reduction on the 2009 tax levy in the amount of $ 191.91 (municipal portion $136.32). He would greatly appreciate the partial refund by Council of the 2007 and 2008 tax amounts of $103.77 and $117.71.

CITY COUNCIL STRATEGIC PRIORITIES: (mark if applicable sections) I:\Everyone\Reports & Studies\City Council\Towards A Sustainable Future .pdf

BRIEFING SHEET

Recommended Option A partial refund of the 2007 and 2008 property tax in the amounts of $103.77 and $117.71 totaling $221.48 be approved.

Submitted By: Stan Dilworth______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time:

REQUEST FOR DECISION

Date of City Council Meeting:

Subject: Request for a partial refund of the 2007 and 2008 property tax for 21 Queens Road West, Roll # 2-0-550-0021-0001

Submitted By: Stan Dilworth, Assessment & Taxation Manager

RECOMMENDATION: That a partial property tax refund in the amount of $132.66 for 2007 and $119.29 for 2008 be approved in accordance with section 347 of the Municipal Government Act, R.S.A. 2000, Chapter M-26 (MGA).

PURPOSE: On June 17, 2009, an inspection was conducted by the assessor at 21 Queens Road West at the owner’s request. A data error was detected in the description of the physical characteristics of the improvement. The City Assessor has amended the 2009 assessment roll and mailed an amended 2009 Assessment and Tax Notice to remedy this error. This error also existed on the 2007 and 2008 assessment and tax rolls. The owners have requested a refund of a portion of the 2007 and 2008 tax levies resulting from this error. Under section 347 of the Municipal Government Act, only Council has the authority to refund all or part of the tax where it considers it equitable to do so.

IMPLICATION OF RECOMMENDATION

FINANCIAL: The partial refund of the 2007 property tax will be $132.66 and the partial refund of 2008 property tax will be $119.29. The total property tax refund will be $251.95 (municipal portion $174.88).

IMPLICATION/ The Assessor has contacted the owner, Mark Hudson, and COMMUNICATIONS: informed him of this report to Council. He is satisfied with the reduction on the 2009 tax levy in the amount of $129.98 (municipal portion $92.33). He would greatly appreciate the partial refund by Council of the 2007 and 2008 tax amounts of $132.66 and $119.29.

CITY COUNCIL STRATEGIC PRIORITIES: (mark if applicable sections) I:\Everyone\Reports & Studies\City Council\Towards A Sustainable Future .pdf

BRIEFING SHEET

Recommended Option A partial refund of the 2007 and 2008 property tax in the amounts of $132.66 and $119.29 totaling $251.95 be approved.

Submitted By: Stan Dilworth______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time:

REQUEST FOR DECISION

Date of City Council Meeting: June 29, 2009

Subject: Unsightly Premise at 151 Ryerson Road West

Submitted By: Duane Ens Regulatory Services Manager

RECOMMENDATION: That City Council issue a notice by way of Form B in accordance with City of Lethbridge Bylaw 3193, The Unsightly Premises Bylaw, to the owners of 151 Ryerson Road West, (Kathleen Yellow Horn, and Rick Yellow Horn.)

And further that City Council set the date of July 27, 2009 for this matter to be reviewed at a Public Hearing.

PURPOSE: To provide notice to the property owner(s) Kathleen Yellow Horn and Rick Yellow Horn, that the Regulatory Services Manager has reported to City Council that an investigation of the property has determined that the premises falls within the definition of unsightly premises according to Bylaw 3193 and to set a date for a Public Hearing where the property owner can make a presentation to City Council setting forth reasons why an Order should not be made to remedy the condition on these premises.

IMPLICATION OF RECOMMENDATION

GENERAL: A complaint was received with respect to the condition of this property, and the subsequent investigation revealed the property contains: bagged and loose garbage, dilapidated decking, boxes, tires, as well miscellaneous material, items as identified in the photographs included.

In accordance with section 4 of Bylaw 3193, a notice to the owner and occupant to remedy the conditions found to be in violation of the Bylaw was posted at the address as prescribed in section 7. The owner has failed to remedy the conditions stated in the notice. Form A. 1

IMPLICATION/ That City Council set a Public Hearing date COMMUNICATIONS: approximately 30 days from the date that the Form B is issued to allow the owner the opportunity to make representation to City Council and set forth reasons why an Order should not be made.

Following the Public Hearing, pursuant to City of Lethbridge Bylaw 3193, failing compliance, an Order of City Council may be made by way of Form C advising that the property owner has fifteen (15) days to remedy the untidy or unsightly condition of the property or the City may take the necessary action to remedy the condition of the property, and add the costs to the tax roll of said property.

BRIEFING SHEET

Legislation & Policy Unsightly Premises Bylaw 3193

Public Participation The property owner has a right to address the matter at a Public Hearing date as set out by City Council.

Reports / Documents Photographs of 151 Ryerson Road West, June 19, 2009

Submitted By: Duane Ens ______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time:

REQUEST FOR DECISION

Date of City Council Meeting: June 29, 2009

Subject: Renewal of Contracts – Facility Lease Agreement – Bill Kergan Centre

Submitted By: Stuart York - General Manager Recreation and Culture Stan Martens – Community Based Services Manager

RECOMMENDATION: That the following contract for facility lease agreement with the Southern Alberta Ethnic Centre for the Bill Kergan Centre for 2009-2034 be approved;

And further that:

The Mayor and City Clerk be authorized to sign the contracts.

PURPOSE: To formalize facility lease agreement on the operation of an important City of Lethbridge Facility.

IMPLICATION OF RECOMMENDATION

GENERAL: The City of Lethbridge has partnered with numerous organizations in the provision of affordable recreation & culture opportunities. One method is to work with community groups to provide facilities to organizations in a lease agreement.

The Southern Alberta Ethnic Association has been occupying the Bill Kergan Centre for a number of years, and made a presentation to Council in late 2008, requesting a long term agreement be put in place.

The Southern Alberta Ethnic Association has met with City of Lethbridge staff on several occasion and reviewed the agreement. The attached agreement is a result of those negotiations and has been approved by the SAEA.

ORGANIZATIONAL City of Lethbridge will be responsible for:

• Structural Maintenance • Heating, lighting, ventilation maintenance

1 • Security System • Major Maintenance to building infrastructure.

Southern Alberta Ethnic Association responsible for :

• All ongoing operations including booking of facility, subleasing of office space • All utilities including garbage collection • All janitorial services • Replacement of program related equipment • Parking lot snow removal and cleaning • Carrying of proper general liability and property insurance

Public Participation The City of Lethbridge met with the Southern Alberta Ethnic Association to discuss the lease agreement and the implications of a long term lease.

Reports / Documents Draft Agreement

Southern Alberta Ethnic Association

Submitted By: ______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

Revision Date & Time: 25/06/2009 2:16 PM

REQUEST FOR DECISION

Date of City Council Meeting: June 15, 2009

Subject: 2009 Census

Submitted By: Aleta Neufeld, Deputy City Clerk

RECOMMENDATION: The 2009 Census Count is complete indicating the total population for the City of Lethbridge as of April 1, 2009 to be 85,492, an increase of 1.82% over the 2008 figure.

PURPOSE: To report the official population count for the City of Lethbridge as of April 1, 2009

IMPLICATION OF RECOMMENDATION

GENERAL: Each resident counted identifies community growth patterns and assists in planning for future services and development. City Census provides an accurate count and ensures that our community receives its share of grant funding from the provincial and federal governments.

IMPLICATION/ The information will be submitted to the Province by the COMMUNICATIONS: legislated deadline of September 1, 2009.

BRIEFING SHEET

Reports / Documents 2009 Census Report for the City of Lethbridge is available at the City Clerk’s Office and on the City of Lethbridge’s website.

Submitted By: ______Reviewed By: ______City Treasurer: ______City Solicitor: ______Reviewed & Endorsed by City Manager: ______City Manager’s Comments: ______

OFFICE OF THE MAYOR MEDIA RELEASE Release June 25, 2009

Lethbridge Census City grew by 1,532 people between 2008 and 2009

Lethbridge, Alberta – The City of Lethbridge continues to grow with the official 2009 census result at 85,492, a 1.82 per cent growth rate. All areas of the City experienced some growth over the past year with the strongest growth occurring in the Legacy Ridge, Southgate, SunRidge and Copperwood subdivisions.

“The Census results reflect a vibrant, dynamic community showing a continued sustainable growth pattern”, says Mayor Bob Tarleck. “Census information is valuable to the City for planning the management of our future growth. It also ensures that the City receives its share of funding from the federal and provincial governments.”

As a result of the federal and provincial funding, the City of Lethbridge will receive approximately $500 for every person counted. Funding received from these sources will be used for community facilities such as the new Fire Hall and the expansion of Scenic Drive North.

The City is pleased with the commitment of the census takers and the response from residents. “The participation of residents in the 2009 census ensures the City achieved an accurate number,” says Aleta Neufeld, Deputy City Clerk. The census taken asked for the number of people living in the household, their age and gender.

Region 2009 2008 Change in Change in #'s (2009) % (2009) North Lethbridge 24,835 24,514 321 1.31% South Lethbridge 30,168 29,773 395 1.33% West Lethbridge 30,489 29,673 816 2.75% Totals 85,492 83,960 1,532 1.82%

For more information: Aleta Neufeld, Deputy City Clerk Telephone: 403.320.4083

Backgrounder

• Census has been done each year by the City since 2005

Year Population Percentage Increase 2009 85,492 1.82% 2008 83,960 2.78% 2007 81,692 3.78% 2006 78,713 1.96%

• 5,116 households used the online form to submit the data

• City of Lethbridge has 35,638 households in 2009

• Vacancy rate is 4.71%

• There were 342 dwellings under construction at the time of the 2009 census

• Census was conducted April 1 to April 22, 2009

• Employed 170 workers

The key shifts in population growth from 2008 to 2009 are as follows: • North Lethbridge is attributed to: o Legacy Ridge Area, Areas 113/115 1018 to 1424 people increase of 406 people 39.88% increase • South Lethbridge is attributed to o Coulee Creek, Area 720 462 to 692 people increase of 230 people 49.78% increase • West Lethbridge is attributed to o Copperwood Area, Areas 1015/1016 387 to 821 people increase of 434 people, 112.14% increase (new subdivision two years ago) o SunRidge Area, Areas 904/915 751 to 927 people increase of 176 people 23.44% increase

Detailed Census Information is available on the City of Lethbridge website at www.lethbridge.ca/census. Citizens can also view the census demographics through the City’s Interactive Webmap at www.gis.lethbridge.ca. This map viewer allows citizens to view and search City census information in an interactive map display that they control.

June 23, 2009

Letter to His Worship Mayor Tarleck and Members of City Council

Re: Approval of Service Delivery Plan, ‘Bringing Lethbridge Home’ 2009-2014

Social Housing in Action (SHIA) requests an opportunity to present the Housing First Service Delivery Plan (2009-10) to City Council for approval and subsequent submission to Alberta Housing and Urban Affairs on Monday, June 29th, 2009.

This Housing First Service Delivery Plan is based on our community plan to end homelessness “Bringing Lethbridge Home” approved by City Council on June 15th, 2009. This service delivery plan is a requirement of Housing and Urban Affairs prior to the release of the operating grant 2009-10. The Housing First Service Delivery Plan clearly outlines the Housing First focus of the recommended funded services, the alignment with the provincial 10 Year Plan to End Homelessness and Lethbridge’s 5 year Plan to End Homelessness.

The community stakeholder consultation held in March 2009 included a review of the success of the Housing First approach in Lethbridge. The result of this review includes strengthening the goals and strategies in our community plan to more fully implement Housing First throughout the supported agencies and programs. This will require a service delivery model that is grounded in the Housing First philosophy and an integrated delivery system that is innovative, systemic and comprehensive. The Service Delivery Plan incorporates these considerations and is attached for your review and approval.

It is our belief this model provides the required direction to further provide ‘housing for all’ in a comprehensive, inclusive and system-wide community effort. The continued leadership and commitment of the City of Lethbridge is significant in achieving the goals and strategies outlined in this important effort.

Thank you in advance for your consideration.

Yours truly,

Dr. Gary Bowie Chair, Social Housing in Action

City Hall, 910 - 4th Avenue South Lethbridge, Alberta T1J 0P6 Phone: 403.320.3917 Fax: 403.380.2512 Email: [email protected] Website: www.bringinglethbridgehome.ca 2009/10

Bringing Lethbridge Home Housing First

Service Delivery Plan 2009‐10 Prepared for Alberta Housing & Urban Affairs

Presented by Social Housing in Action to City Council June 29, 2009 Contents

Housing First in Lethbridge ...... 3 Bringing Lethbridge Home ...... 3 Our Vision ...... 3 Our Mission ...... 4 Our Core Beliefs ...... 4 Our Values and Guiding Principles ...... 4 The City of Lethbridge, SHIA and the Housing First Program ...... 6 Lethbridge Housing First Program ...... 6 History & Mandate: ...... 6 Project Description...... 7 Case Management Conferences ...... 7 Furniture Bank ...... 8 Training, Technical Assistance and Staff Development ...... 8 Research and Evaluation ...... 9 Data Collection & Analysis ...... 9 Currently Funded and Priority Housing First Programs (2009‐10) ...... 9 Budget ...... 10 Appendix A Lethbridge Housing First System Map ...... 11 Appendix B Bringing Lethbridge Home Community Plan to End Homelessness and Action Plan ...... 12

Housing First in Lethbridge

Since 2005, Lethbridge has focused on ending homelessness and City Council has recently approved a revised 5 Year plan “Bringing Lethbridge Home” that focuses, along with the provincial plan, on the core beliefs of a Housing First approach, rapid housing, client centered community support services and the prevention of homelessness.

This Service Delivery Model has been carefully designed by Social Housing in Action (SHIA), in consultation with clinical and service delivery experts and community stakeholders and grounded in the provincial and community plans. SHIA is the community‐based organization dedicated to ending homelessness through a Housing First approach and represents a healthy and collaborative cross‐section of community leaders and organizations that includes citizens, service providers, funders, government, and various organizations including people of aboriginal ancestry.

According to the Homeless Census 2008, it is painfully clear that homelessness is one of the most critical social and economic issues facing our community. Increasing homelessness, low vacancy rates and a high proportion of the community living with low incomes all contribute to the current condition. Building critical partnerships, initiatives and strategies to literally provide permanent housing and the 'right' to the hundreds of individuals and families whose circumstances have forced them to live without access to secure, affordable and safe housing in Lethbridge is the priority.

Bringing Lethbridge Home represents a profound change in the way we address homelessness in our community. Rather than moving the homeless people of our community from service to service, shelter and resulting in a life back on the street, Bringing Lethbridge Home focuses squarely on providing the right supports to get people into safe, secure and affordable housing. This Housing First focus lies at the heart of Bringing Lethbridge Home and is the key to ending homelessness in Lethbridge and Alberta.

Bringing Lethbridge Home

Our Vision Bringing Lethbridge Home … Permanent Housing for all people living in Lethbridge

Our Mission To ensure permanent housing for all people living in Lethbridge by creating and implementing an innovative, systemic and comprehensive plan

Our Core Beliefs We believe that Lethbridge will end homelessness through a Housing First approach and

Prevention of homelessness through emergency assistance, eviction prevention strategies, employment opportunities, income support and required support services Rapid Re‐housing of people who find themselves in a homeless situation The availability of community and coordinated client‐centered support services for all people as required to access and sustain permanent housing and restore stability in their lives Our Values and Guiding Principles We believe…

Any response to ending homelessness is based on Housing First; giving people who are homeless the safety, security and dignity of their own home before all else. All people have the right to be housed. Permanent housing is accessible, safe and affordable. A community is strengthened economically and the health and social well being of people improves through equal access to safe and affordable housing. Innovation is required for access to safe and affordable housing. Support services are integral for the successful housing of all people. The creation of opportunities for self reliance, social integration and community participation, including activities such as employment which supports people to successfully sustain their housing The leadership and support of all orders of government is essential to ensure all people are able to access housing opportunities and end homelessness. Continuous learning and the development and implementation of evidence practice is critical Community involvement and volunteerism is required to achieve the strategic goals Cooperation and collaborative partnerships best serves the community

Our Goals and Targets

Bringing Lethbridge Home to end homelessness requires a comprehensive strategic plan with the achievement of the following goals and targets.

Goal 1‐ Develop and increase permanent housing opportunities

Overall Target: 1000 new affordable housing units are created by 2014 Year 1 Targets: 200 new units and 5 Rapid Housing short‐stay units Mid‐term Target: 400 more affordable housing units and 30 supportive housing units

Goal 2‐ Reduce NIMBY through education, positive communication, and neighbourhood relations

Overall Target: Community acceptance for supported or affordable housing developments and services Year 1 Target: City wide social marketing campaign is implemented Mid‐term Target: Housing proposals and support programs are accepted by the neighbourhoods impacted

Goal 3 ‐ Continue to implement and expand a Lethbridge based “Housing First” approach

Overall Target: Move 750 homeless or near homeless, into permanent housing with supports by 2014 Year 1 Target: 150 homeless or near homeless are permanently housed with required supports Mid‐term Target: 300 more homeless or near homeless are permanently housed with supports

Goal 4 ‐ Provide enhanced and coordinated services for people who are homeless or near homeless

Overall Target: • Lethbridge has a comprehensive Clinical Detox Centre by 2012 • Community Report Card published annually Year 1 Target: Plan for Clinical Detox centre initiated Mid‐term Target: Support for Clinical Detox centre secured

Goal 5 ‐ Ensure access to emergency shelter and housing options when needed, but work to move people quickly to permanent housing

Overall Target: Average length of stay at an emergency shelter is less than 7 days by 2014 Year 1 Target: Rapid Re‐housing plan developed for emergency shelters with support from Pathways to Housing Community Outreach Team and other Outreach services Mid‐term Target: Number of sheltered homeless decreased to 2005 levels

Goal 6 ‐ Prevent people from becoming homeless

Overall Target: Reduce the need for emergency shelter; short‐term stays and for crisis situations only Year 1 Target: Number of sheltered homeless reduced to 2008 levels Mid‐term Target: Number of sheltered homeless decreased to 2005 levels

The City of Lethbridge, SHIA and the Housing First Program

This Housing First Service Plan is submitted to Alberta Housing & Urban Affairs and the Government of Alberta to outline our plan to house people in Lethbridge. We have clearly combined funding streams to ensure maximum impact on achieving the goals and outcomes of the local, provincial and federal funding streams. The City of Lethbridge is the Community Entity for the homeless and housing initiative in Lethbridge and Social Housing in Action is the designated Community based organization mandated to implement the plan to end homelessness through Housing First. All the plan’s goals support the Housing First approach. The majority of funds for the Housing First program are available through the province, however the federal Homelessness Partnering Strategy funds provide funding for the operations of the essential services aligned with the Housing First approach.

Lethbridge Housing First Program

History & Mandate: Based on an extensive community & clinical consultation process (Spring, 2007) a Housing First Steering committee designed and implemented the Pathways to Housing Community Outreach Team (PHCOT) through the Canadian Mental Health Association (CMHA). The PHCOT is an evidence‐based program, aligned with the goals and outcomes of the 5 year Plan (Bringing Lethbridge Home) to End Homelessness. The PHCOT is integral in the systemic community efforts to end homelessness in Lethbridge.

The mandate of the PHCOT is to provide permanent housing: secure, affordable and sustainable housing for the homeless and those at risk

The team has engaged the community, stakeholders and agencies to refer, create awareness of the service and educate stakeholders, maximize and access referrals, educate and improve the outreach service. Although the model is designed by the stakeholders, it is grounded in evidence based practice. Clinical supervision is integral to the process and activities and are aligned and augmented in a Case management model with existing community supports. The outcomes are clear and fully aligned with the 5 year Plan to End Homelessness and the Provincial Plan:

1. Permanent housing for people who are homeless or near homeless 2. Connect homeless to community support and resources 3. Improve the health status of clients 4. Support stable tenancy for those currently homeless or at risk 5. Reduce use of ancillary services (police, EMS, ER, in‐patient beds)

Project Description The Lethbridge Housing First approach is the direct result of the Innovative Outreach Pilot Project program. It has been supported through multiple collaborative community partnerships. Intensive Case Management is utilized for multi‐barriered homeless or at‐risk clients who require long‐term housing and supports. Another program component provides similar but shorter term services to less complex clients. All funded agencies utilize a Housing First approach and are aligned with the 5 year Plan.

The PHCOT provides a variety of services including accessing housing options, getting people into housing, eviction prevention, and assisting people to find more appropriate housing (i.e. finding appropriate housing for a family of 4 living in a one‐bedroom apartment). The project serves all categories of homeless and those at risk of homelessness. A significant percentage of clients are the absolute homeless population and are the priority within this service delivery model. The PHCOT also provides addiction counseling and referrals to addiction and mental health services. Staffing includes a Case Manager, Clinical Supervisor, Outreach workers, a Follow‐up Team and Addictions Counselor aligned with support from collaborative partnerships and other agencies.

The Lethbridge Housing First model and the anticipated outcomes are further defined through the System Map (Appendix One). Due to the systemic and comprehensive nature of the Lethbridge Housing First approach, it is imperative this model be clearly understood by all the stakeholders. A Housing First Committee of SHIA developed, implemented and oversees the Housing First approach and based on the monitoring and evaluation of the outcomes, continuously improves the program. The Core Process demonstrates the client centered approach that is utilized:

Case Management Conferences A Case Management model is utilized by the PHCOT and other programs. The PHCOT conferences are conducted by the Clinical Supervisor. This is a multi‐disciplinary conference and includes as standing members: Addictions & Mental Health, Community Housing, Alberta Employment and Immigration, Alberta Assured Income for the Severely Handicapped (AISH) and the PHCOT. Case Management for complex cases are initiated by the Case Manager and include outside service professionals and agencies as required. Case Conferences will also be conducted with the Resource

Centre and other shelters and programs to further support their Outreach services as needed. Priorities for Housing First will be considered based on predetermined criteria including the client’s vulnerability, complexity and need for rapid housing. Due to the low vacancy rates and difficulty in obtaining housing, short stay stabilization units are utilized for people requiring immediate housing.

Housing First also includes the supports required to access and sustain safe and secure housing. These include support and advocacy in people’s ability to access emergency funding and income support, practical problem solving, connecting people to supports such as subsidized housing, money management planning, food cooperatives, cooperative kitchens, counseling services, or other required supports.

Housing First programs also assist individuals in negotiating with landlords and utility companies, attend and advocate for individuals during court appearances, develop individual service plans to address goals related to housing, employment, skill development, supports and finances and provide support to landlords and support people in emergencies and in preventing evictions. Follow‐up support is critical to the success of people sustaining permanency.

Furniture Bank

Once housing is secured, people are also supported by the PHCOT in their efforts to access basic necessities such as basic household items and furniture, food, clothing and transportation.

As people access permanent housing, the Housing First programs require ready access to basic household items and furniture. PHCOT and other programs receive donations and additional items are required on an ongoing basis. The goal is to secure space for a Furniture Bank that will store these essential s and people can access the basic items to set up a home.

Training, Technical Assistance and Staff Development Training and education is a critical and a proactive component of Housing First. It will significantly contribute to the success of the Housing First approach in Lethbridge and will continue to provide staff in all the programs the tools, skills and knowledge required to be successful.

Education and training opportunities are available to all Housing First Programs and agencies including allied services/agencies and stakeholders.

Minimum standards of training are in place for all staff and includes at least the following: • Housing First Programs, Guiding Principles, Core process and Policy • Outreach and Follow‐up • Community Support systems • First Aid • Workplace Health and Safety • Addictions

• Concurrent disorders • Landlord Tenant Act and mediation strategies • Effective Communication Strategies, • Mental Health • Cultural Awareness and Competency • Motivational Interviewing • Technical competency including an online data base system (HOMES) for data collection, Case Management, monitoring and evaluation.

Lethbridge is aligned with the City of Toronto Streets to Homes Mentorship Program. Program staff accesses the training and education opportunities. Lethbridge also consults with experts on Policy issues, implementation and evaluation of the Lethbridge Housing First Program and evidence based practices. Training and education has also included the Housing First conference in Red Deer, Pathways Outreach training from Dr. Sam Tsemberis, New York, Judy Graves and Malcolm Cox, City of Vancouver and the Vulnerability Index utilized in Calgary and New York. These learning opportunities will continue.

Research and Evaluation

Data Collection & Analysis SHIA is supported through a Research and Evaluation Committee. This committee is responsible for the ensuring a system is in place for the ongoing monitoring and evaluation of the Housing First programs and other activities of SHIA. A Lethbridge based monitoring and evaluation system is designed and currently implemented to demonstrate the success of Housing First, the 5 year Plan and the achievement of the evidence based outcomes. Regular monitoring of the outputs and the outcomes will occur on a regular, ongoing basis in an effort to continually learn and improve the programs.

Priority Service Areas

Currently Funded and Priority Housing First Programs (2009‐10) The 5 year Plan Bringing Lethbridge Home clearly defines the expectations and services required to end homelessness through the Housing First approach. This occurs through the funding of core services to achieve the goals and outcomes. These include a one‐stop Resource Centre with multi‐disciplinary services, transition and outreach services and housing, supportive housing for youth and the PHCOT.

Coordination and Community Support systems are also critical for the ongoing and continued success of Housing First in Lethbridge. These include the Project Homeless Connect, a Housing Registry, planning & development for priority capital homeless projects, developing and maintaining positive community & landlord‐tenant relations and training and education programs.

The priority for Housing First programs will be the permanent housing of people currently on the street and in the Emergency shelters. Community and inter‐agency protocols for engagement, assessment and

9 intake, Case management, referral, planning, support and follow‐up are currently being established through the Housing First Committee and programs to meet this priority for 2009‐10. Contract Management

As the Community Entity, the City of Lethbridge oversees the Contract Administration for approved funded projects. Contract administration at the City of Lethbridge is based on accepted industry standards and is grounded in municipal policy. The funding allocations are determined based on the need s in the community, alignment with the Housing First approach the 5 year Plan and the agency’s ability to successfully achieve the intended outcomes. Recommendations are forwarded to City Council by SHIA for approval. At this time, currently funded agencies are established, have a proven track record to deliver the services and are prepared to commit to the implementation of the 5 year Plan.

Budget

Appendix A - Lethbridge Housing First System Map

Vision: Bringing Lethbridge Home … Permanent Housing for all people living in Lethbridge

Core Beliefs: Prevention, rapid re-housing, community coordinated client centred support services, permanent housing, innovation, ability to participate in community life, collaborative partnerships

Mission: To ensure permanent housing for all people living in Lethbridge by creating and implementing an innovative, systemic and comprehensive plan

Coordinating and Educating and Building Collaborative Building Capacity & Increasing Preventing Advocating maximizing access to Building Awareness Community Self Esteem Permanent Homelessness support services and Partnerships to enable Self-Reliance Housing Options resources

Outputs Indicators of Success Client Access Resources Core Process Housing First (BLH) Provincial 10 Year Number of people Plan to End  Police/Justice Funding Streams referred to Short-term Indicators Intake & People: Homelessness  Hospital Volunteers PHCOT (From When)  People are engaged and receive  M.U.S.T. (Street Assessment D ischarge information re: community  Staﬀ Number of Admissions  Are permanently Everyone has Outreach) Engage resources and supports  Community Number Clients Housed access to safe Client  People are housed and sustain  Harbour House Partners and Conferenced aﬀordable housing (YWCA) Housing beyond 3,6,9,12 Services Number Intakes/  Are connected to  Emergency Shelter months Information Assessments vs. Community Prevention of Resource Centre Monitor & Housing  Access appropriate community Space and Number of Clients with Supports and Homelessness  Drop-ins & Evaluate Plan resources and supports Equipment Housing Plans Resources Referrals From Community Number of Referrals Essential Services Community Mid-term Indicators Support Services to Community Have improved and Supports are Programs/Agencies Clients access housing Agencies health status when Maintained  Project Homeless Implement  Reduction in utilization of Number of housed Connect Plan/Advocacy Client Centred and emergency services and improved & Support Vulnerability Indexes health status & nutrition Completed Are supported for Community Driven Initiatives Vacancy Rates stable tenancy Long-term Indicators Case Load Rations  Funding aligned  Low Recidivism Rate Recidivism Rate Show a reduced with Community Reconnection with friends,family, - Eviction use of Emergency Support Systems Plan cultural groups Legislation & - Abandonment Services  Community Increased participation in  Community Policing Number of People Standards Mediation community life  Street Outreach Housed  Federal  Database System (M.U.S.T.) Number of Dicharges  Provincial  University of  Addictions & Mental from PHCOT  Municipal Lethbridge Health Number of Training   SHIA Employment and Education Sessions  City of Lethbridge  Community Partners 11 City Council Meeting Monday, June 15, 2009

• Dr. Gary Bowie, Chair, Social Housing in Action Committee (SHIA), re Revised Community Plan “Bringing Lethbridge Home” 2009 – 2014

555-E

B.A. LACEY:

WHEREAS “Bringing Lethbridge Home” was approved by the City Council on September 17, 2007 outlining strategies to end homelessness in Lethbridge

AND WHEREAS further revisions are deemed necessary to align with the provincial ten year plan to end homelessness

THEREFORE BE IT RESOLVED THAT the letter from Dr. Gary Bowie, Chair, Social Housing in Action, submitting the revised Community Plan “Bringing Lethbridge Home” 2009 – 2014 be received as information and approved

AND FURTHER THAT Dr. Bowie and Ms. Randell be thanked for their presentation.

------CARRIED

ACTION: Community Services ………………………………..

Sent: Tuesday, June 23, 2009 1:53 PM

Dear Mayor Tarleck and Council:

Castle Special Place – Conceptual Proposal & Update

As the facilitator for the Castle Special Place citizens’ initiative, I am enclosing the draft conceptual proposal from the initiative’s Working Group, which I indicated in my May update letter would be sent in mid June. Also enclosed is a Frequently Asked Questions document about the process and proposal. The working group of the citizens’ initiative is currently circulating these materials to the outer circles of the initiative and beyond. The Working Group will be considering feedback during its next meeting in the week of July 6th. The enclosed documents and a cover letter from me are also be posted on the initiative’s website at www.castlespecialplace.ca

Members of the Working Group will be following up by contacting you in the near future regarding your questions on the draft proposal and the possibility of a presentation to you by the Working Group.

This draft proposal was developed through 12 months of extensive dialogue and information sharing, during which the Working Group (38 organizations, businesses, disposition holders and adjacent landholders) of the Citizens’ Initiative discussed and weighed alternative approaches and trade- offs. Rationale are provided in the proposal for the specific recommendations.

Reviewing the Draft Conceptual Proposal

• The Executive Summary and the Frequently Asked Questions document provide an introduction and accessible overview of the proposal’s key points and answers to common questions.

• The core of the proposal is primarily:

o Section 7, Principles for the Castle Special Place (page 11), which you received last November and would be familiar with from the delegation’s presentation to Council . o Section 10, Types of Protected Areas Proposed and Rationale (page 16-28).

o Section 11, Additional Recommendations (page 28-29).

• This proposal was developed through a consensus based process by the Working Group as an integrated ‘package’ of ideas, the foundation of which is the Principles for the Castle Special Place (Section 7). The recommendations contained in the proposal should be considered as a whole package, rather than individual recommendations in isolation from the others. Reading it as a package would provide you with an accurate understanding of this integrated proposal.

To Recap the Process to Date

Last November you would have received the principles document for comment. Those principles are now part of the conceptual proposal. Since June 2008, the Working Group has been meeting regularly, and since November, making use of the principles to draft the enclosed conceptual proposal for the protection of the Castle Special Place. Along with its regular meetings held every three to four weeks, the Working Group has held four background information meetings to inform its discussions on what types of legislated protected areas to recommend; two of which were open to the general public. At all of the information meetings, resource people were invited to share their expertise, including regarding the watershed, the natural environment and cumulative effects, the details of the protected areas establishment process, and the legislation and management of each type of provincial protected area.

The enclosed proposal is only the front-end work of the protected area establishment process. The province would hold public consultations should the Minister of Tourism, Parks and Recreation decide to proceed with legislating Castle Special Place protected area within the province’s protected areas and parks network.

An open invitation existed throughout the citizen’s initiative for any user or interest group, disposition holder or adjacent landholder with an active interest in the Castle Special Place and not currently involved in this process, to join and participate in the level of their choice, including on the Working Group.

Sincerely

Carole Stark Executive Director Chinook Institute for Community Stewardship P O Box 8618 Canmore, AB T1W 2V3 Ph: 403-678-4040

Conceptual Proposal

Castle Special Place – Legislated Protected Areas

Castle Special Place Citizens’ Initiative Final Draft for Circulation June 18, 2009

Conceptual Proposal Castle Special Place – Legislated Protected Areas

Executive Summary This conceptual proposal from the Castle Special Place Citizens’ Initiative focuses on the 1,041 km2 Castle Special Place as mapped (Map 1) and designated by the Alberta Government as a protected area (Appendix I), with the exception of the lands held by the Castle Mountain Resort (CMR) and ski hill (a private development for which there is a municipally approved Area Structure Plan). The size is 1,035 km2 (400 mi2) without the resort lands.

It is submitted to the Minister of Tourism, Parks and Recreation and her department in response to: 1. Broad, local and regional concern for achieving better short and long-term protection of the Castle Special Place. 2. The September 2007 announcement that the ministry hopes to see locally-driven citizens’ initiatives put forward proposals for protected areas and parks. It was an announcement made in conjunction with the successful citizens’ initiative for a new Provincial Park and Recreation Area at Drayton Valley, and emphasized again with the Minister’s April 2009 release of the Alberta Government’s Alberta’s Plan for Parks as the new policy for provincial protected areas and parks.

The Citizens’ Initiative proposes that the present types of recreational uses and summer grazing permits continue within the ecological limits of the Castle Special Place. Oil and gas activities will continue in conjunction with the existing leases in accordance with the September 2003 agreementi between the provincial departments responsible for energy and legislated protected areas. The Citizens’ Initiative proposes legislating the entire protected area (except the CMR lands) within the province’s current protected areas and parks legislation. In effect, we are recommending Phase III for implementing the Alberta Government’s protected area designation. We recommend that approximately 99 per cent of the Castle Special Place be a Wildland under the province’s wildland parks legislation. That legislation also accommodates zoning for management purposes within Wildlands. We are recommending special protection zones within the Wildland for the Big Sage Brush site, Front Range Canyons/Castle Headwaters, and the Vision Quest sites. Zoning is recommended instead of categories other than Wildland, because other categories have one or more inappropriate limitations of specific uses, such as hunting, fishing, summer cattle grazing or First Nations cultural and spiritual uses.

The remainder of the Castle Special Place is the existing West Castle Wetlands Ecological Reserve and the five current Provincial Recreation Areas (PRAs), which with our recommendations total about 12 km2 (4.5 mi2) or one per cent of the Castle Special Place. We recommend that the Ecological Reserve remain with its current boundaries. Beaver Mines Lake, Castle Falls, Lynx Creek and Syncline would be upgraded to provincial parks, with some expansion in the boundaries of Beaver Mines Lake (to about 4.5 km2 or 2 mi2) and some minor expansion of Castle Falls and Lynx Creek. Castle River Bridge is recommended to remain as a PRA and Syncline Cross-Country Ski Area is recommended as a PRA. Syncline and Castle River Bridge would be linked with a small provincial park in between, giving a total land area of about 4 km2 for the entire unit of Syncline, Castle River Bridge, the cross-country ski area and the link in between.

We concur with the province’s original reasons for designating the Castle Special Place as a protected area. Furthermore we have updated those with new information and in the context of the Alberta Government’s current priorities and policies, particularly Alberta’s Plan for Parks, the Land Use Framework and Water for Life Strategy. With legislated protection as a Wildland along with an existing Ecological Reserve and four

Page 2 of 42 small Provincial Recreation Areas and parks: 1. This premier water source is secured, protected and restored. Urgent action is needed, considering water allocations in the Oldman River Basin exceed supply. Castle Special Place provides an unsurpassed 1/3 of the annual water flow for the Oldman Basin. 2. Quality, equitable opportunities are provided for outdoor recreation, education, interpretation and First Nations' cultural uses associated with the natural environment and cultural heritage of the Castle Special Place. 3. The natural ecosystem, including the scenery, plants and animals upon which outdoor recreation, summer cattle grazing, guiding and tourism depend, are sustained, protected and restored. The Castle is Alberta’s most biologically diverse area, and is of national and international significance. 4. Gateway communities could begin to share in the additional economic benefits that accrue from provincial legislated protected areas. This includes what the province calculates are an annual total of 23,480 person-years of employment and $2.7 billion in economic activity directly generated by public and visitor use of the total provincial protected areas and parks. 5. Ecological goods and service, such as protection of soils, clean air and buffering from floods, which are also have economic value, are restored and provided. 6. A sound legislative framework for the protection and management of this protected area is needed. The framework should achieve a designated protected area that is implementable and enforceable for that purpose.

Participants in the Citizens’ Initiative were self-selected. User, interest and community groups, disposition holders, adjacent landholders, First Nations, businesses and municipal governments with an active interest in the Castle Special Place were all invited to develop the initiative. They participated at the level of their choice, with the most time-consuming level being the Working Group. Work kicked off with a June 2008 workshop in Pincher Creek. All on the Working Group are businesses representatives, residents or groups with members resident in the Livingstone-Macleod constituency or Lethbridge. (Lethbridge residents are the largest user group of the Castle.)

The Working Group includes people, companies and organizations in the following sectors: Adjacent landholders & landholder groups Guides and Outfitters Commerce Municipal Governments Community leaders & groups Recreation Groups Conservation Organizations Recreation/Conservation Organizations Disposition holders Researchers Environmental Organizations Stewards First Nations Watershed Groups

This broad-based Working Group met every three to four weeks through the past year. It sought and shared information, drafted the principles and proposal for the Castle Special Place, and sought and incorporated feedback from the whole Citizens’ Initiative and beyond. Meetings were run by an independent, professional facilitator and decisions were reached through consensus. Throughout the process, an open invitation for participation was communicated through letters, www.castlespecialplace.ca, articles and letters in local newspapers, and in person.

Page 3 of 42

Conceptual Proposal Castle Special Place – Legislated Protected Areas

Table of Contents

Executive Summary 2 1. Area of Focus 7 2. Focus of the Citizens Initiative 7 3. How Citizens’ Initiative and Conceptual Proposal Came About 7 4. Who is Involved in the Initiative 8 5. How the Citizens’ Initiative Worked 9 6. Proposed boundary 10 7. Principles for the Castle Special Place 11 8. Why a Legislated Protected Area 12 9. Why a Legislated Protected Area Instead of the “Special Management” Approach 13 10. Why the Castle Special Place 15 11. Types of Protected Areas Proposed and Rationale 16 12. Additional Recommendations 28 13. Benefits to Communities 29 14. How proposal relates to Alberta Government priorities 34 15. How proposal relates to Alberta Government Policies and Strategies 37 16. Those in Support, Including Others Contacted 38 17. Future involvement 38 18. Chronology of the Conservation History of Today’s Castle Special Place 40

Maps

1. Castle Special Place – Working Group Focus 6 2. Castle Special Place – Current 17 3. Castle Special Place – Proposed Protected Area Designations 18 4. The Road Map Today & Tomorrow 30

Figures 1. Spectrum of Provincial Protected Areas and Parks 20

Page 4 of 42

Appendices

I. Alberta Government decision designating the Castle Special Place as a protected area. II. Castle Special Place Working Group List III. Short Chronology of the Conservation History of Today’s Castle Special Place

Page 5 of 42 Map 1. Excerpts from Alberta Government map showing Castle Special Place (Castle Special Management Forest Land Use Zone)

NOTE: Scale on this excerpt is smaller than the 1:1,000,000 listed on the map key. Each square on map equals 93 km2 (36 mi2) Page 6 of 42

Conceptual Proposal Castle Special Place – Legislated Protected Areas

1. Area of Focus The focus of the Castle Special Place Initiative is the Castle Special Placeii as mapped (Map 1) and designated by the Alberta Government as a protected area (Appendix I), with the exception of the lands held by the Castle Mountain Resort and ski hill (a private development). The Government’s highlights of its decision, including the goals of preservation, heritage appreciation, outdoor recreation and economic development that the Castle designated protected area is to meet, and its news release are attached (Appendix I).

The Castle Special Place is all public land (Crown land) located entirely within Alberta’s Rocky Mountain Forest Reserve and is bounded on the south by Waterton Lakes National Park, the west by the provincial border, the north by the divide between the Castle and Crowsnest watersheds (i.e. the summit of the Adanac Road) and the east by the Forest Reserve Boundary. The northern boundary is south of the Forest Reserve boundary and by public road is about 11 km south of Blairmore, 10 km south of Hillcrest and 9 km west of Beaver Mines. It encompasses headwater tributaries of the Castle, Oldman and Waterton Rivers. It does not include the lands drained by the Crowsnest River. Thus, for example, it does not include Tent Mountain and the Ptolemy, North and South York and Byron Creek valleys.

2. Focus of the Citizens Initiative The focus has been to develop through a broad-based, citizen-led process, a conceptual proposal for protecting the Castle Special Place within the province’s current protected areas and parks legislation. Alberta’s protected areas and parks legislation consists of three Acts: Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act; Provincial Parks Act (which includes Wildland Parks); and Willmore Wilderness Park Act. The Willmore Wilderness Park Act does not provide for any new Wilderness Parks.

3. How Citizens’ Initiative and Conceptual Proposal Came About In early 2008, an extensive database (over 260 entries) of user, interest and community groups, disposition holders, adjacent landholders, First Nations, businesses and municipal governments with an active interest in the Castle Special Place (137 individual organizations or stakeholders) was developed by the secretariat for the Citizens’ Initiative. All were invited in writing to a full-day workshop June 2008 in Pincher Creek, with follow-up by phone to all non-attendees regarding their interest in participating. This first step was the outcome of a November 2007 meeting hosted by Royal Dutch Shell Canada and chaired by the Southwest Alberta Sustainable Community Initiative (SASCI) to which representatives of Alberta Tourism, Parks, Recreation and Culture were invited to explain the protected area and park establishment process, including the Drayton Valley model. Along with the host and chair, councillors of four municipal governmentsiii and representatives of some locally active, conservation organizations and of a prior wildland park initiative participated.

Page 7 of 42

Castle Special Place Citizens’ Initiative formally began with the June 2008 workshop. The initiative’s objective was to prepare and submit to the provincial minister responsible for protected areas and parks, a conceptual proposal for designating the Castle Special Place as a set of legislated protected areas, along with endorsements and broad support of the proposal from the communities. The initiative is in response to the Minister of Tourism, Parks, Recreation and Culture’s September 2007 announcement that he is interested in such citizen initiatives bringing forth proposals. This was reiterated by the current Minister for Tourism, Parks and Recreation upon announcing the Alberta Government’s new policy for protected areas and parks – Alberta’s Plan for Parks.

Initial work focused on determining the proposal boundary and developing a set of principles guiding how we worked together and our discussion of what boundaries and categories of legislated protected areas to recommend for the Castle Special Place.

4. Who is Involved in the Initiative Participants in this citizens’ initiative were self-selected. An open invitation for participation was communicated throughout the process for user, interest and community groups, disposition holders, adjacent landholders, First Nations, businesses and municipal governments with an active interest in the Castle Special Place and not currently involved to join and participate at the level of their choice.

The process involved three overlapping circles of participation based on the preference of the participant, with communication between each circle and the volunteered time commitment increasing from the outer, largest circle to the inner. The inner most Working Group circle involved 38 organizations, businesses, disposition holders, community leaders and adjacent landholders, and 2 observers. It met monthly, with work also done between meetings. The next was those who wanted to participate in general meetings with the Working Group in addition to receiving updates from it (an additional 9 different organizations, businesses, disposition holders and adjacent landholders). The outermost is those who simply wanted updates on the work by email or mail (an additional 25). With update letters by email and mail, all were given opportunities to comment on the drafts developed by the Working Group.

Appendix II is a list of those on the Working Group. All are a) residents of Livingstone-Fort Macleod constituency or are representing groups that have members resident there; or b) representing businesses operating within the Castle Special Place; or c) Lethbridge residents. (The largest user group of the Castle Special Place is the residents of Lethbridge, as determined by earlier visitor surveys.)

The Working Group includes people, companies and organizations in the following sectors:

Adjacent landholders & landholder groups Guides and Outfitters Commerce Municipal Governments Community leaders & groups Recreation Groups

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Conservation Organizations Recreation/Conservation Organizations Disposition holders Researchers Environmental Organizations Stewards First Nations Watershed Groups

No one sector dominated the makeup of the Working Group. For example, conservation and environmental organizations in total comprised one- third of the Working Group.

5. How the Citizens’ Initiative Worked The Citizens’ Initiative reached a consensus on a principles document to guide: a) operations of Working Group, and b) its recommended classifications of legislated protected areas and parks for the Castle Special Place.

Principles for Functioning of the Castle Special Place Working Group

1. The Castle Special Place Working Group is an open and broadly inclusive, public interest proponent sharing a common purpose to protect the Castle Special Place. 2. The Working Group functions through a transparent, consensus-building process, led by a neutral facilitator to draft and recommend a conceptual proposal for protecting the Castle within the current provincial system of Parks and Protected Areas. 3. Invitations for participation include those with an active interest in the Castle Special Place, regardless of location of residence. 4. Decisions of the working group are made by consensus. If consensus cannot be reached, decisions can be made by following the majority opinion, but with allowance for recording and reporting of minority opinions. 5. Communications within the working group and with the larger committee include the use of internet tools and a website to report meeting notes, and circulate information and ideas. 6. Other user groups, the general public, and the municipal, provincial and First Nations governments within the region of the Castle Special Place are informed of the group’s work, including the principles and conceptual proposal it drafts. 7. The principles and conceptual proposal written by the Working Group will be publicly accessible.

Working Group meetings were run by the independent facilitator, who also provided advice on process for the initiative and its working group. An internal website and email list was developed to aid the Working Group in its own communications and sharing of information and ideas. A secretariat coordinated and arranged for the resources needed by the initiative to function, including funding, information needed by the Working Group, maintaining and updating the database and websites, coordinating meeting dates and locations, secretarial work and communication functions, such as meeting notes and circulation of update letters from the facilitator. Funding for the citizens’ initiative was raised by participant organizations and through in-kind contributions.

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From June 2008, the Working Group met every three or four weeks, and since November, using the principles to draft this conceptual proposal. Along with its regular meetings, the Working Group has held four background information meetings to inform its discussions on what types of legislated protected areas to recommend, two of which were open to the general public. Resource people were invited to share their expertise, including information on the watershed, the natural environment and cumulative effects, the details of the protected areas establishment process, and the legislation and management of each type of protected area.

The Working Group, through letters from the facilitator, circulated and sought comments from the outer two circles on the draft principles document. Delegations of the Working Group also made presentations on the initiative and principles document to the four municipal councils, the City of Lethbridge Council, the MLA for Livingstone-Macleod, other organizations’ annual public events (e.g. Holding the Reins held annually by the Rural Team of the Oldman Watershed Council), and a Feb. 9, 2009 meeting convened by the Assistant Deputy Minister of Alberta Tourism, Parks and Recreation with his counterparts in the Energy, Environment, Aboriginal Affairs and Sustainable Resource Development (Land Use Secretariat and Public Lands) Departments. They shared information and sought comments at the presentations. Once the Working Group considered the feedback from that outreach and a final draft was completed, it was posted on the public website and circulated (by mail, or email) to the outer two circles and all on the database, but not currently part of any one of the three circle participants. The same communications and outreach process was followed for the conceptual proposal before it was submitted it to the Minister of Tourism, Parks and Recreation.

Through the secretariat, the Working Group has maintained a website www.castlespecialplace.ca with information about the initiative and the open invitation to participate, as well as outcomes of this citizens initiative’s work. The general public is kept in touch with the initiative and the existence of the website through letters to the editor, columns and articles in the daily and weekly newspapers of the southwest region. In update letters from the Working Group’s facilitator, all on the database and not currently participating were reminded of the website and the open invitation to participate.

6. Proposed boundary Boundary for the set of proposed legislated protected areas is the same as that which the Alberta Government designated as a 1,041 km2 protected area (Castle Special Place, 1998, Appendix I), with the exception that the lands of the Castle Mountain Resort are not included in the proposed legislated protected areas. • Castle Mountain Resort lands total 611 ha or 0.6% of the Castle Special Place. • Total size of the proposed legislated protected areas is 1,035 km2 In addition to the gateway communities, Castle Mountain Resort (CMR) provides roofed accommodation and associated facilities for the Castle Special Place, as well as downhill skiing. Although it is not included within the proposed legislated protected areas, it is important to note for management purposes of both that the 611 ha site does encompass environmentally significant lands, as noted in the province’s Environmentally Significant Areas assessments and its Natural Resources Conservation Board’s findings. Rationale for not including the four-season resort lands held by CMR Inc. are: • Municipal District of Pincher Creek approved, following local consultation, a boundary and Area Structure Plan for those lands.

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• It is up to CMR Inc. and the shareholders whether they would like to be part of the province’s protected areas network, e.g. as per Elkwater & Hidden Valley Ski Area (Cypress Hills Provincial Park), Canmore Nordic Centre Provincial Park or Kananaskis Village & Nakiska (Evans Thomas Provincial Recreation Area).

7. Principles for the Castle Special Place The Working Group used the following principles in its deliberations of what legislated protected areas classifications to recommend for the Castle Special Place. The Citizens’ Initiative encourages the province to adopt these same principles in making its decisions on our conceptual proposal and implementing legislated protected areas for the Castle.

The following principles are inter-related and the order of the listing does not convey a set order of priority. Rather, the ordering is for ease of reading.

1. The current provincial system of designated Protected Areas and Parks is adopted as the basis for obtaining legislative protection for the Castle Special Place. 2. Land and resources remain as public property within the Castle Special Place (excepting the current private lands of the Castle Mountain Resort). 3. The rights of the existing disposition holdersiv are honouredv as long as those uses conform to the other principles herein. 4. The ecological integrity is not harmed by human activity. The three main objectives for maintaining ecological integrity are: a. Key natural processes are sustained within normal ranges of variation, b. Viable populations of native species (including rare species) are maintained or restored in natural patterns of abundance and distribution, and c. Human uses compatible with the maintenance of ecological integrity are allowed. vi 5. The watershed is protected from activities and facilities that could be harmful or unsustainable.vii 6. The underlying causes of invasive, non-native plant species within the Castle Special Place are addressed. The removal of these species is a high priority. 7. Human use is managed so that it does not compromise ecological integrity. 8. Jurisdictionsviii effectively work together for the purposes of maintaining ecological integrity and managing human use within the Castle Special Place. 9. Traditional subsistence and recreational uses are maintained as long as those uses conform to the rest of the principles herein. 10. Accessix for recreational use is maintained where such use is demonstrated to be ecologically sustainable and appropriate. 11. Aboriginal placesx, their cultural usexi and their history are protected. 12. All management policies are enforceable, properly resourced and enforced. 13. Public education and information is available and disseminated, including about the values of the Castle Special Place and its regulations. 14. New residences and roofed, visitor accomodation are not compatible within the Castle Special Placexii. 15. Principles from the province’s Vision, Mission and Goals for protected areas are applied:

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a. The area is valued as a natural landscape that protects from harm and degradation the environmental diversity of the Castle Special Place. b. The Castle Special Place is protected from harm and degradation, in perpetuity as an example of the diversity of Alberta’s natural heritage and related cultural heritage. c. The primary goal of protecting from harm and degradation in perpetuity is balanced with three other goals: heritage appreciation, outdoor recreation and heritage tourism. i.Opportunities are provided for heritage appreciation; to explore, understand and appreciate the area’s natural heritage, and to enhance public awareness of our relationship to and dependence upon the natural world. ii.A variety of natural landscape-dependent outdoor-recreation opportunities, including wilderness and opportunities for solitude, and related facilities and services are provided where these are consistent with the rest of the principles for the Castle Special Place. iii.Alberta residents and visitors are encouraged to discover and enjoy the area's natural and cultural heritage through a variety of nature-based, outdoor recreation and tourism opportunities and services, where these are consistent with the rest of the principles for the Castle Special Place.

8. Why a Legislated Protected Area a) Alberta Government has designated the Castle Special Place as a protected area and the other 80 Special Places it likewise designated as protected areas have since been legislated. b) This conceptual proposal, in effect, recommends Phase III of the implementation of that decision (copy in Appendix I): legislated protection within the provincial system of protected areas and parks (Principle 1). c) Recent Alberta Government surveys of Albertans found that a large majority believe the province should establish more protected areas and parks to balance residential growth and industrial development in the provincexiii and that Albertans’ top priority for investment by the Tourism, Parks and Recreation Department is the setting aside of more land in an undisturbed state as new protected areas and parksxiv. d) Albertans’ interest in protection of the Castle Special Place, including the nominations and interest of local Albertans, was one of the reasons the province gave for designating it as a protected area. That interest was stated as being “considerable” by the Minister responsible for protected areas in 2007. e) Through the provisions of the Public Lands Act, the province has placed much of the Castle Special Place under Crown Reservations for legislated protected areas (Castle Consultative Notation, park; Big Sage Brush Protective Notation, natural area). However, the reservations are an interdepartmental referral tool. They have expiry dates and are not designed to deal with protecting the natural environment, special features, cultural sites and over the long-term, protecting the area from harm and degradation. The protected areas and parks legislation is designed for that.

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9. Why a Legislated Protected Area Instead of the “Special Management” Approach a) Very broad, local and regional consensus supports the need for legislated protection of the Castle Special Place and that “special management” of multiple resource development, commercial development and public use is not adequate. b) Needed protection cannot be achieved through continuation of the current special management and associated Forest Land Use Zone (FLUZ) regulation under the Forest Act. With legislated protection of the Castle Special Place within the province’s protected areas and parks legislation, instead of “special management:” • This premier water source receives security, protection and restoration. Urgent action is needed, considering water allocations in the Oldman River Basin exceed the supply. Castle Special Place provides an unsurpassed 1/3 of the annual water flow for the Basin. • Quality, equitable opportunities are provided for outdoor recreation, education, interpretation and First Nations' cultural uses associated with the natural environment and cultural heritage of the Castle Special Place. • The natural ecosystem, including the scenery, plants and animals upon which outdoor recreation, summer cattle grazing, guiding and tourism depend, are sustained, protected and restored. The Castle is Alberta’s most biologically diverse area, and is of national and international significance. • Gateway communities could begin to share in the additional economic benefits that accrue from provincial legislated protected areas. This includes what the province calculates are an annual total of 23,480 person-years of employment and $2.7 billion in economic activity directly generated by public and visitor use of the total provincial protected areas and parks. • Ecological goods and service, such as protection of soils, clean air and buffering from floods, which are also have economic value, are restored and provided. • A sound legislative framework for the protection and management of this protected area is needed. The framework should achieve a designated protected area that is implementable and enforceable for that purpose.

c) Through the past 11 years, application of “special” integrated resource management and the FLUZ regulation have not met the goals specified in the Alberta Government’s decision designating the Castle as a protected area and in its associated Special Places 2000: Alberta’s Natural Heritage Policy and Implementation Plan. The goals stated in the protected area decision and policy were: • Preservation – to designate natural landscapes that preserve the full range of environmental diversity and special natural features of Alberta. • Heritage Appreciation – to include landscapes that ensure, for all Albertans and visitors, the opportunity to explore, understand and appreciate the full range of Alberta’s natural heritage. • Outdoor Recreation – to include natural landscapes throughout Alberta that ensure opportunities for a variety of resource-based, dispersed recreation pursuits. • Tourism and Economic Development – to include areas capable of supporting tourism infrastructure and sustaining long-term economic viability of adventure travel and ecotourism, including extended tours in unspoiled natural landscapes. d) Since the Government’s decision designating the Castle as a protected area, Sustainable Resource Development has clarified that the FLUZ regulation does not provide for protection of FLUZ lands as a designated protected area.

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e) The FLUZ regulation only addresses one type of use, motorized recreation, and as a regulation under the Forest Act, it does not set as a purpose for the Castle Special Place the maintenance of its ecological integrity (Principle 4) and its overall protection, including as the “water tower” for the whole of the Oldman River Basin and as Alberta’s most biologically diverse area (Principles 5 and 15). It does not: • Provide any protection regarding sale or lease of public land for resource extraction or commercial development purposes. (Does not meet Principles 1, 2 and 14). • Address Principle 7, Human use is managed so that it does not compromise ecological integrity. • Address any other type of recreation, education or heritage appreciation. • Address protection of aboriginal places, their cultural use and history. (Principle 11) f) It is important to use the legislative tool kit designed for protected areas that makes the province’s protected area decision implementable, fundable and enforceable (Principle 11). Protection through a regulation under the Forest Act, the primary purpose of which is a sustained yield of timber, instead of through legislation designed for designated protected areas has resulted in cumulative and unsustainable environmental and social impacts. It has resulted in degradation of the protected area instead of its protection and restoration. For example, compare the state of Bob Creek Wildland Park, previously part of the north end of the Crowsnest Forest (C5 Forest Management Unit), Rocky Mountain Forest Reserve and associated Black Creek Heritage Rangeland (the Whaleback Special Place) designated a year after the Castle to that of the Castle Special Place. g) Adverse impacts predicted by the province’s Natural Resources Conservation Board (1993), if legislated protection was not put in place, are today occurring. h) Alberta Government Boards (e.g. Alberta Energy & Utilities Board, 2000) and independent scientific assessments (Arc Wildlife Services Ltd., 2004) have concluded that the ecosystem health and sustainability of the Castle Special Place have seriously diminished as a result of the cumulative impact of human activities. The most recent report again emphasized that legislated protection is needed. Examples of the cumulative impacts: • At one time recorded as one of the best sport fisheries in Alberta, second only to the Oldman River, adult numbers for all three sport fish have diminished. • Once an area that produced world-trophy bighorn sheep rams, the long-term viability of the bighorn sheep herd now remains tenuous. • Densities of roads and other linear disturbances open for motorized use exceed the thresholds for sustaining viable populations of bull trout, moose, elk, wolves and grizzly bears. • Cumulative damage has weakened low-elevation riparian zones, in turn adversely affecting watershed health, including water quality, aquatic species and capacity to buffer floods. • Introduction of agronomic species and weeds is now wide-spread, reducing the ecological integrity of the Castle Special Place and its natural productivity.

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10. Why the Castle Special Place We concur with the reasons given by the Alberta Government for the Castle Special Place being a designated protected area (Appendix I). In addition to the government’s own reasons stated below in italics, we have used new information to update those where appropriate (updates are underlined) and have added some reasons (in regular font). a) Alberta’s premier source of flowing water and the “water-tower” for much of southern Alberta (Oldman River Basin) provides a third of the annual water flow for the entire Basin. • Legislated protection as protected area/park recommended by international Rosenberg Forum on Water Policy (2007). b) Profound cultural and sacred value to the Nitsitapii, Piikani [Peigan], Siksika, Kainaiwa [Blood] and Blackfeet First Nations, as well as the Nakoda [Stoney] and K’tunaxa [Kootenay] First Nations. • Relatively intact remnant of the wildlands the Nitsitapii have occupied for more than 1,000 years and whose culture is interpreted at the Head-Smashed-In Buffalo Jump World Heritage Site. • Archeological and spiritual sites of continental significance. • Ancient trails and mountain passes. • Spiritual sites still in use today. c) Outstanding opportunities for heritage appreciation and outdoor recreation, including wildland recreation in all seasons. • Montane grasslands were part of the foundation for early cattle ranching in Alberta and one of the oldest stock associations. Summer grazing continues today. • Rich guiding, outfitting and wilderness heritage including historic trails. • Popular, year-round outdoor recreation area. d) A unique abundance of plant and animal species. e) Highest biological diversity in Alberta. • Half of all the vascular plant species recorded in Alberta can be found here; 145 of them are rare. • The majority (135) of the 174 species of butterflies recorded in Alberta can be found within the Castle. • Endangered and rare species lists include a total of 187 plant species (vascular and non-vascular), 6 plant communities, 14 mammals, 44 birds, 3 reptiles, 5 amphibians, 2 fish, 10 butterflies and spider species that reside in the Castle Special Place.

f) Encompasses Alberta’s second largestxv montane landscape, which is the most biologically productive natural sub-region of the Rocky Mountains. One quarter (about 260 km2 or 100 mi2) of Castle Special Place is Montane. g) Crucial to the state and health of the Crown of the Continent Ecosystem and the greater chain of Rocky Mountain ecosystems by virtue of its strategic location. h) Next to the Whaleback – North Porcupine Hills unit, encompasses Alberta’s second largest montane landscape. The Montane is the most biologically productive natural sub-region of the Rocky Mountains. i) Rare landforms and climatic patterns. j) Unique features, including:

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• Wind-swept Front Range Canyons where the grassland meets the alpine; a landscape unique in Canada. • Accessible hiking and ridge-walking with breathtaking scenery. • Bighorn Sheep habitat of extremely high quality. The area holds 7 per cent of Alberta’s wintering Bighorn Sheep. • Viable populations of Golden Trout found nowhere else in Alberta. • Vegetation transition zone from southern to northern Rocky Mountain flora. • Outstanding huckleberry production provided by large stands of tall huckleberry. k) Outstanding features that include: • 33 alpine lakes, nine of which contain introduced trout. • 26 headwaters streams, 23 of which contain native and/or introduced trout; • Alberta’s most extensive stands of alpine larch and white-bark pine. • Highest plant species diversity in Alberta outside of Waterton Lakes National Park, including 145 species of rare vascular plants (four times as many as Banff National Park), and more than one-third of the rare plant species in Alberta.

l) Greater diversity of alpine and sub-alpine communities. • Big Sagebrush is a known, specific plant “hotspot,” with rare plant communities and 82 rare species. • Graminoid and herbaceous alpine communities not found further north – about 100 species commonly found here are rare or absent further north. • Surviving populations of all Alberta species of large carnivores. • Critical migration corridor for large carnivore populations. • Rare mammals and those with limited distributions (wandering shrews, red-tailed chipmunks). • Disproportionately important for butterflies and contains species found nowhere else in Alberta (Roadside skipper, Clodius Parnassian, Two-tailed swallowtail, Olympia marble). • Over one-third (480) of the 1,400 species of spiders known in Canada occur in the Castle Special Place.

11. Types of Protected Areas Proposed and Rationale We put forward the recommendations below with the intent that: • Our children and grandchildren inherit a Castle Special Place that is largely an undeveloped natural landscape that retains its primeval character, including its irreplaceable capacity to capture the snows and rain and release quality water to residents of the Oldman River Basin. • The Castle Special Place’s wild scenery and respite from the developed landscape, natural abundance and diversity of plants and animals, First Nations cultural and sacred sites, and our collective histories and outdoor adventures associated with that natural landscape be preserved. In the context of population growth, climate change, development and ever-changing outdoor recreation technology, this and the principles (section 8) confer that there are social and ecological limits to a potentially ever-expanding and currently unsustainable use of the Castle Special Place. If we are not mindful of and planning based on the limits now, we and our children will lose the Castle as a special place.

Map 2 depicts the current designations and Map 3 our recommended category of protected areas for the Castle Special Place. The principles listed under section 8 above provide the overall rational for the categories of protected areas and parks recommended below.

Page 16 of 42 Map 2. Castle Special Place – Current

Page 17 of 42 Summary of Protected Area Classifications (Summary only. Check with TP&R for complete descriptions.)

Wildland Provincial Provincial Ecological Park Parks (4) Recreation Reserve Area (2) Approximate 1,023 km2 7 km2 total 4 km2 0.9 km2 2 2 2 2 Size (395 mi ) (3 mi ) (1.5 mi ) (0.4 mi )

Recreation Access Fee none none none none Use by Foot, Y Y Y Y Paddle Camping - Y Y n/a X Backcountry Horse use M* M* Y X Fishing Y Y Y X Hunting Y E M E Cycling, Mountain M* M* Y X Biking

Power Boating Y Y M* X

Off-Road Vehicles E X M* X

Snowmobiling

Motor Vehicles & E Y Y E Auto Touring Outdoor Recreation X except Y Y X Facilities primitive Camping - Auto X M Y X Access Campgrounds Map Scale: is square mile in size. Aircraft Landing X X X X Wildland - Purpose Resource Use Trapping Y X Y X Alberta’s Wildland Park legislation defines the purpose of designated Wildlands: Livestock Grazing M M* Y E ...are established, and are to be maintained, Oil & Gas E E E X • for the preservation of Alberta’s natural heritage, Exploration, Development • for the conservation and management of flora and fauna, Commercial X M Y X • to facilitate their use and enjoyment for outdoor recreation, education and the Tourism Facilities appreciation and experiencing of Alberta’s natural heritage, Mining – E E E E Subsurface • for the preservation of specified areas, landscapes and natural features and Minerals objects in them that are of geological, cultural, historical, archeological, Cultivation X X X X anthropological, paleontological, ethnological, ecological or other scientific interest Timber Harvesting X X X X or importance, Mining – Surface X X X X Minerals • to ensure their lasting protection for the benefit of present and future generations. Roads & Utility E E E X Table Corridors Telecommunication E E E Y = Permitted. Towers E = Exception – that in existence at the time of designation of the protected area is permitted to continue. Mainline Pipelines E* E* E* X M = May be permitted. M*= May be permitted on specific routes or waters designated for this purpose. Or grazing permitted as part of ongoing management for lands in Montane, Parkland or Grassland Natural Regions. E = Not permitted except for wildlife management purposes or where already existing may be permitted on designated routes. Map 3. Castle Special Place – Proposed E* = Discouraged or permitted with strict conditions when no alternatives exist. X = Prohibited, except free hold mineral rights. Page 18 of 42

Public Roads The following recommendations are made with the understanding that the roads listed below (and depicted on Maps 2 and 3) are currently maintained as public roads by municipal and provincial governments – some with appropriate seasonal closures – and hence, that those would continue to be maintained as public roads. • Secondary Road #774 (Hamlet of Beaver Mines to Castle Mountain Resort), all-season road. • Beaver Mines Lake Road (#774 to Beaver Mines Lake), all-season road. • Castle Falls Road (#774 to Castle Falls Provincial Recreation Area/Provincial Park), closed in winter, wildlife winter range. • O’Hagan Road (#774 to Lost Creek Road), closed in winter, snowmobile trail. • Lynx Creek or Seven Gates Road (#507 to Lynx Creek Provincial Recreation Area/Provincial Park), closed in winter within Castle Special Place, part of it is a snowmobile trail. • Adanac Road (Hillcrest to Lynx Creek Provincial Recreation Area/Provincial Park), closed in winter, snowmobile trail. • Satoris Road (Blairmore to Lynx Creek Provincial Recreation Area/Provincial Park), closed in winter, snowmobile trail. • Lost Creek Road (Lynx Creek Provincial Recreation Area/Provincial Park to Lost Creek), closed in winter.

The categories of protected areas and parks considered in detail, along with abbreviations used in the table of recommendations below are illustrated in Figure 1.

In keeping with Principle 1, we are not recommending any of the Castle Special Place as a national park.

We propose that the present types of recreational uses and the summer grazing permits continue within the ecological limits of the Castle Special Place. Oil and gas activities will continue in conjunction with the existing leases in accordance with the September 2003 agreementxvi between the provincial departments responsible for energy and legislated protected areas.

We are recommending that the vast majority of the Castle Special Place, 99 per cent, 1,023 km2 or 395 mi2, be Wildland under the Wildland Parks legislation. That legislation also provides for zoning within Wildlands. We are recommending special protection zones within the Wildland for the Big Sage Brush site, Front Range Canyons/Castle Headwaters, and the Vision Quest sites. Zoning is recommended instead of categories other than Wildland, because those other categories in the context of these sites have one or more inappropriate limitations regarding specific uses, such as hunting, fishing, summer cattle grazing or First Nations cultural and spiritual uses.

The remainder of the Castle Special Place is the existing West Castle Wetlands Ecological Reserve and the five current Provincial Recreation Areas (PRAs), which with our recommendations total about 12 km2 (4.5 mi2) or one per cent of the Castle Special Place. We recommend that the Ecological Reserve remain with its current boundaries. Beaver Mines Lake, Castle Falls, Lynx Creek and Syncline would be upgraded to provincial parks, with some expansion in the boundaries of Beaver Mines Lake (to about 4.5 km2 or 2 mi2) and minor expansion of Castle Falls and Lynx Creek. Castle River Bridge is recommended to remain as a PRA and Syncline Cross-Country Ski Area is recommended as a PRA. Syncline and Castle River Bridge would be linked with a small provincial park in between, giving a total land area of about 4 km2 for the

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entire unit of Syncline, Castle River Bridge, the cross-country ski area and the link in between. Associated with these designations should be appropriately located (in terms of use and ecological protection) staging areas for backcountry equestrian, hunting, fishing and designated motorized trails.

The primary goal of the principles and recommended protected areas is protection of the natural environment and ecological integrity (including the watershed health) of the Castle Special Place from harm and degradation in perpetuity. That primary goal is balanced with other goals for nature-based recreation, education, heritage appreciation and honoring the current dispositions consisting of the oil and gas leases, annual permits for summer cattle grazing, trap lines and recreation leases.

Figure 1. Spectrum of Provincial Protected Areas and Parks Page 20 of 42

Categories of Protected Areas Recommended, Location and Rationale for Each

Backcountry of the Castle Special Place This totals 99 per cent or about 1,023 km2 or 395 mi2 of the Castle Special Place (SP).

Backcountry is all of the Castle Special Place, except the Castle Mountain Resort lands and the following Front Country areas: • West Castle Wetlands Ecological Reserve (ER), 0.94 km2. • Beaver Mines Lake Provincial Recreation Area (PRA): proposed Provincial Park (PP) (current PRA, Beaver Mines Lake and Boy Scouts of Canada, Camp Impeesa, about 4.5 km2 or 2.5 mi2. • Castle Falls PRA: proposed PP, about 1.3 km2 or 0.5 mi2. • Castle River Bridge PRA, Syncline PRA as proposed PP and Syncline Cross-Country Skiing Forest Recreation Trails proposed PRA with PP between current Syncline and Castle River Bridge PRAs, about 4 km2 or 1.5 mi2 • Lynx Creek PRA; proposed PP, about 1 km2 or 0.4 mi2.

Recommendation Rationale

1. Wildland & MOU Continuing Grazing Permits 1. Wildland All as a Wildland based on Wildland Park legislation, along with a • Best fit for applying the principles (section 8 above) to Castle SP. Memorandum of Understanding (MOU) and Letter of Understanding • Wildland Parks are large, undeveloped natural landscapes that continuing the current, annual summer grazing permits similar to that retain their primeval character. Similar to Willmore Wilderness done for Bob Creek Wildland. Park, but with a key distinction of also providing for designated trails and staging areas for off-road, motorized recreation where ecologically sustainable. • HR designation would invoke uncharted legal waters regarding public use of the road-accessible valley bottoms and backcountry use (e.g. designated motorized trails, First Nations cultural and spiritual use, camping by foot, horse or mountain bike access, which are all acceptable in Castle SP) and would pose difficulties as a precedent for other HRs. • ERs provide the highest level of protection and are suitable in some Castle locales, but not all in regards to recreation values. However, we are not recommending any additional parts of the Castle SP as ERs (beyond the existing West Castle Wetlands ER), lest the Castle Special Place lands outside the ERs become regarded and

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Recommendation Rationale managed as less significant than what is in an ER. The whole of the Castle SP is culturally and environmentally significant provincially or nationally.

2. Grazing MOU & Letter of Understanding 2. Grazing MOU & Letter of Understanding • Memorandum of Understanding between Sustainable Resource • Retains existing security of seasonal grazing permits Development (SRD) and Tourism, Parks & Recreation as per Bob • Principle 3 (honour existing dispositions) & 4 (protect ecological Creek Wildland Park MOU for continuation of grazing permits and integrity, particularly of the Montane grasslands). day-to-day management of those under Lands Division, SRD. • Unlike the words “heritage rangeland”, the word “wildland” doesn’t • Letter of Understanding between SRD, TP&R and grazing permit convey to the visitor that the summer grazing permits will continue, holders. or the role of cattle grazing in maintaining the ecological integrity of • In lieu of part or all of the Castle SP being HR, the role of summer the Montane grasslands. cattle grazing and that heritage needs to be addressed in visitor management and interpretive services, and possibly through the name the province chooses for the Castle SP protected areas

3. Special Protection Zones within the Wildland 3. Special Protection Zones Sites that require special management consideration within the Each is in lieu of a particular protected area category other than Wildland through zoning. Wildland, because an aspect of that other category was not workable from a particular recreation perspective, such as keeping the area open for hunting.

3.1. First Nations Cultural Sites – Special measures needed to provide 3.1. First Nations Cultural Sites Special Protection Zone culturally sensitive protection of the vision quest sites and their use • These sites are of profound cultural significance to the First (including protection of the view from and to the site). Nations. Many are still in use by them today. • Principle 11 (protect aboriginal places).

3.2. Big Sage Brush (PNT) Site 3.2. Big Sage Brush Special Protection Zone • Extension of the site/zone to (but not including) the South • Currently under Crown Reservation for protection, it contains a Castle River. concentration of a number of rare plants and includes a rare • Provide protection for the vegetation comparable to an ER. plant community. • Ecologically warrants an ER, but hunting not permitted in ERs and it is suitable for hunting to continue through the site. • Zone proposed to provide the other protective measures (other than closure to hunting and fishing) available with an ER. • Expansion to river to better encompass concentration of rare

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Recommendation Rationale plants and rare plant communities.

3.3. Front Range Canyons and Castle Headwaters – For the 3.3. Front Range Canyons and Castle Headwaters Special Protection headwaters of the West and South Castle Rivers currently closed Zone to public motorized use and the Front Range Canyons. Instead of a Willmore Wilderness Park like designation and an ER • Front Range Canyons - Provide for protection of the vegetation designation for the Front Range Canyons due to some limitations of and reclamation of the natural gas operations there comparable those designations. to ER criteria, including closure and reclamation of all the • Front Range Canyons are a landscape that is ecologically industrial roads back to a natural landscape when roads no unique in Canada. (E.g. Foothills Grassland extends right up to longer needed by company under their License of Occupation. the Alpine.) • Front Range Canyons - Provide for study of reclamation to a • Ecologically warrants ER status, including serves as an state comparable to that of an ER. example of an ecosystem that has been modified by humans • Provide for wilderness recreation opportunities by continuing and that offers an opportunity to study the recovery of the current closures to motorized recreation. ecosystem from that modification (part of Royal Dutch Shell • Address concern that there is no area in the Castle SP greater Canada’s mature gas field). But suitable for hunting and fishing than 10 km (6 mi.) from a designated motorized trial or to continue (uses not permitted in ERs). industrial road in use. Average person can backpack 16 km (10 • Long history (dating back to 1909) of the cultural and ecological mi.) in a day in mountain terrain and equestrian users can travel wilderness values in the Castle SP. farther than that. Thus, no wildernessxvii opportunities today • No protected area designation is available that is equivalent to remain in the Castle. Willmore Wilderness Park in protecting a wilderness landscape while providing for wilderness (non-motorized) recreation, particularly hunting, fishing, equestrian use and commercial guiding and outfitting. Wildland Parks are open to motorized use on designated trails, which is contrary to the cultural and ecological values of wilderness. Zone proposed so area managed comparable to Willmore Wilderness Park.

Front Country of the Castle Special Place

This totals 1 per cent or about 12 km2 (4.5 mi2)of the Castle Special Place (SP).

The following comprises the Front Country of the Castle Special Place. • West Castle Wetlands Ecological Reserve (ER); (0.94 km2). • Beaver Mines Lake Provincial Recreation Area (PRA); proposed Provincial Park (PP) (current PRA, Beaver Mines Lake & Boy Scouts of Canada, Camp Impeesa; about 4.5 km2 or 2.5 mi2). • Castle Falls PRA; proposed PP (about 1.3 km2 or 0.5 mi2).

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• Castle River Bridge PRA, Syncline PRA as proposed PP and Syncline Cross-Country Skiing Forest Recreation Trails proposed PRA with PP between current Syncline and Castle River Bridge PRAs, about 4 km2 or 1.5 mi2. • Lynx Creek PRA; proposed PP (about 1 km2 or 0.4 mi2).

With the exception of backcountry trails (non-motorized & designated motorized trails), this Front Country and the adjacent four-season Castle Mountain Resort (CMR) encompass the recreation facilities for the Castle Special Place and the most intensive public use.

Recommendations Regarding Whole Front Country Rationale

1. Provide quality recreation experiences and minimize human To improve quality of experiences and minimize impact. impact. Achieve ecologically-sustainable recreation use by planning • Principles 4 (protect ecological integrity), 5 (protect watersheds), 7 appropriate locations and having predictability of use in space and time. (manage human use) and 15 (preservation, outdoor recreation, heritage appreciation & tourism). 2. Plan based on social and ecological limits, rather than continually • Much of this Front Country (roads and camping) is along water courses facilitating increasing numbers. or at Beaver Mines Lake, which requires particular planning and care to protect and restore the watershed. Virtually all of it is located in the 3. Reduce cumulative impacts of all human use to ecologically Montane, which requires particular care as a unit in the Castle Special sustainable levels. Place as it is: o The most popular for road-accessed, outdoor recreation. o The most biologically productive landscape of the Rocky Mountain region (e.g. includes diverse bird habitat & critical winter & riparian habitat for wildlife). o Important for summer cattle grazing. o Includes important riparian habitat, in turn key for health of the watershed. o Alberta Environment has stipulated, “It is important that the ecological integrity of montane landscapes not be compromised or severely modified through inappropriate or incompatible development or other land uses.”

4. Apply Principles (in section 8), particularly 2 (keep as public land open • Public land not allocated to private- sector use (commercial or to public), 5 (protect watershed, particularly riparian habitat, streams industrial) is scarce in southern Alberta and the total population and stream beds, including ephemeral streams, wetlands, and lake and continues to increase. its shores) and 14 (no new residences or roofed accommodation.) • Castle SP is a premier, headwater source of water in Alberta and the current watershed health and water quality can be improved. • Assists the gateway communities (Crowsnest Pass, Pincher Creek,

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Recommendation Rationale Beaver Mines, Brocket, Burmis, Cowley and Lundbreck) and Castle Mountain Resort, where such development is more appropriate.

5. Organized Random Camping Consider options and provide environmentally-appropriate, designated • Water and sanitation needed for campers. areas for road-accessed, organized random camping within the • Principles 15 (preservation, outdoor recreation, heritage appreciation & proposed PPs and PRAs below. tourism), 4 (protect ecological integrity) & 5 (protect watershed, particularly riparian habitat).

6. Number of Campsites Not sure that more campsites are needed at this time or appropriate. • Recommendation 5 (designated areas for organized random camping) Plan numbers based on social and ecological limits. and the large number of empty sites in the campgrounds, including the most popular campground (Beaver Mines Lake).

7. Upgrade Campgrounds Upgrade water supply, access to trails and suitability of sites for a • Will assist in alleviating pressure for random camping and problem of spectrum of campers (tents to large RVs, and equestrian and OHV / people sneaking in to use facilities at Camp Impeesa (e.g. showers). snowmobile campers) in campgrounds.

8. Provide Additional Staging Areas Principles 15 (preservation, outdoor recreation, heritage appreciation Provide appropriately located staging areas for backcountry use • and tourism), 4 (protect ecological integrity) and 5 (protect watershed, (equestrian, hunting, fishing and off-road motorized recreation) in particularly riparian habitat). conjunction with PPs and PRAs, and as stand-alone staging areas, such as in the vicinity of the end of the Lost Creek road,

Recommendations Regarding Provincial Recreation Areas & Rationale Ecological Reserve

9. West Castle Wetlands ER • Contains critical trout spawning area, rare plants and animals, including Maintain as an ER (0.94 km2). a rare mammal. • Downstream of ER is also important spawning habitat. • Ecological integrity of ER depends on intact forest, health of the West Castle River watershed, and management of cattle, motorized

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Recommendation Rationale recreation and Castle Mountain Ski Resort (located immediately upstream). • Regarding the three points above and Principle 9 (traditional recreation use), rather than expanding the ER (which would close more of the river to fishing), the ER surrounded by Wildland should accomplish protection needed within ER (e.g. close OHV use off current designated trails and random camping in riparian habitat. OHVs currently trespass along river bed.) Principles 4 (protect ecological integrity) and 5 (protect watershed), • ER and surroundings is a priority management issue. Principles 7 (manage human use) and 15 (preservation, outdoor recreation, heritage appreciation and tourism).

10. Upgrade protection status and in some cases expand PRAs • PPs protect our natural heritage from degradation and harm, while providing the facilities to support outdoor recreation. “They are 10.1 Beaver Mines Lake, Castle Falls, Lynx Creek and Syncline distinguished from Wildland Parks by their greater range of outdoor would be upgraded to provincial parks, with some expansion in the recreation facilities, the extent of road access, and the interpretive boundaries of Beaver Mines Lake (to about 4.5 km2 or 2.5 mi2) and educational programs and facilities that are available” for the and minor expansion of Castle Falls and Lynx Creek. Castle River xviii public. Protection has a higher priority than in PRAs . PRAs are Bridge is recommended to remain as a PRA and Syncline Cross- established and “managed with outdoor recreation as the primary Country Ski Area is recommended as a PRA. Syncline and Castle objective” instead of protection of the ecological integrity of the River Bridge would be linked with a small provincial park in natural environment. between, giving a total land area of about 4 km2 for the entire unit • Principles 4 (protect ecological integrity), 5 (protect watersheds), 7 of Syncline, Castle River Bridge, the cross-country ski area and (manage human use) and 15 (preservation, outdoor recreation, the link in between.. heritage appreciation and tourism). 10.2 Pubic roads are not included in the PPs to avoided conflict with use of roads by hunters and snowmobilers. 10.3 Concept includes linkage with trails in the adjacent Wildland for day-use, as well as backcountry use..

11. Beaver Mines Lake PRA • PP provides higher level of and more emphasis on protection of 11.1 Expand (include lake, Scouts of Canada, Camp Impeesa), but do natural environment and the Lake (maintain ecological integrity of not include public road and designated motorized trail up South Lake) than PRA. Castle R. • PP would provide increased level of protection and quality of visitor 11.2 Establish as PP. (Total size about 4.5 km2 or 2 mi2) experience; providing day-use, overnight camping and staging areas 11.3 Principle 14 applies to visitor accommodation and as such does for backcountry use to the southward side of Secondary Road #774. not apply to Camp Impeesa, which is a private camp. Upgrade of • Throughout Alberta, lakes are the most popular camping destination

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Recommendation Rationale camp facilities and a residence as needed for operation of the and popular for day-use. Camp is acceptable within the proposed park. • Park proposed to stay on eastward side of S Castle road/designated trail in order to retain S Castle R corridor as much as possible in Wildland for wildlife movement • Road and designated trail not included so hunters don’t have to encase fire arms for short mile through park to staging area for backcountry. • Suitable staging location for wilderness block of the South and West Castle R. headwaters, Front Range Canyons, and beyond into north Waterton. • Principle 3 (honouring existing dispositions) regarding Camp Impeesa.

12. Castle Falls PRA • Higher level of protection than PRA. 12.1 Expand to encompass adjacent area used for random camping. • Expansion includes area used for random camping and as PP provides 12.2 Establish as PP. (Total size about 1.3 km2) for recommendation 5 above (designated area for organized random camping). • Currently non-designated motorized trails (summer or winter) and public road ends at campground.

13. Castle River Bridge & Syncline PRAs • Initially all proposed as PP to place more emphasis on environmental protection due to importance of river corridor. However, PPs are not 13.1 Expand to encompass appropriate areas for organized random open to OHV and snowmobile use. Thus, retaining Castle R Bridge as a camping and also by linking the two PRAs with PP in between PRA and then linking this by PP to and including Syncline campground along Castle and West Castle River valley and including Syncline (Area of Syncline and proposed park along the rivers does not include Cross-Country Skiing Forest Recreation Trails as a designated motorized trails.). Cross country ski area as a PRA. This PRA. Upgrade Syncline to a PP as part of the PP along the rivers. 2 2 links Castle River Bridge campground and future designated areas for (Total size about 4 km or 1.5 mi ) organized random camping with designated motorized trails. Also 13.2 Apply Principles 4 (protect ecological integrity), 5 (protect provides for non-motorized trail between campgrounds. watersheds), 7 (manage human use), 11 (protect aboriginal places). • Planned and managed as a unit would provided increased level of 13.3 Ideally, keep facilities (other than existing public road), to eastward protection and quality of visitor experience. Provides for day-use (non- side of Castle R, except at Castle R Bridge campground and motorized trails), overnight camping and staging areas for motorized and southeastward side of W Castle R. (I.e. no facility development non-motorized backcountry use to the northward side of Secondary Rd extending along both sides of the river valleys). #774 and non-motorized to the southward side. • A wildlife movement corridor, grassland for wildlife and cattle, gathering location for fall cattle roundup, habitat for species listed as “sensitive” (e.g. Northern Pygmy Owl), and at Castle River forks (junction of W and

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Recommendation Rationale S Castle Rivers) includes potential archeological sites of provincial significance. Facility development kept to west and north sides of Castle and W Castle R downstream of Syncline, south side of W Castle R at Syncline and away from S Castle R corridor to junction with W Castle R. applies to principles 4, 5, 7 and 11. • Principle 15 (preservation, outdoor recreation, heritage appreciation and tourism).

14. Lynx Creek PRA • Higher level of environmental protection than PRA. 14.1 Expand downstream along Carbondale R, on north side of road to • Expansion includes area used for random camping and as PP provides include area used for random camping. Between river and road for recommendation 5 above (designated area for organized random proposed as part of the Wildland. camping). 2 14.2 Establish as PP, with exception of the road. (About 1 km in total) • Not including the public road in the PP means hunters don’t need to 14.3 Keep facilities (other than existing public road) to southwest side of encase firearms for short mile through park and continuance of winter Lynx Creek and north side of road downstream of Lynx Creek. use of road as a snowmobile trail. • Principles 4 (protect ecological integrity), 5 (protect watersheds), 7 (manage human use) and 15 (preservation, outdoor recreation, heritage appreciation and tourism). • Nature of terrain limits keeping camping to one side of the Creek and River. Wildlife habitat and movement needs to be considered.

12. Additional Recommendations

Although different categories of protected areas are recommended for different parts of the Castle Special Place, we recommend that one management plan be done for the entire unit of protected areas.

The Working Group is very concerned that legislated protection for the Castle Special Place within Alberta’s protected areas and parks system is fully implemented in a timely manner. In particular, sufficient resources and enforcement capability need to be provided to ensure that the entire spectrum of allowed uses comply with management objectives and regulations for protecting the ecological integrity of the Castle Special Place. To assist in that regard, we recommend that as soon as the Castle is legislated under the protected areas and parks legislation, the province establish and resource an advisory group consisting of user groups, businesses, interest groups and disposition holders active in the Castle Special Place, as well as adjacent landholders to provide ongoing advice and monitor that management planning, implementation of the management objectives, and enforcement of regulations by the responsible authorities is sufficiently resourced and carried out in a timely and diligent manner.

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Sacred Paint Site Located adjacent to the northeast boundary of the Castle Special Place, outside of the protected area designated by the province is the Sacred Paint site. The Sacred Paint Site (10 km2 (4 mi2) is under a Crown Reservation (PNT, Protective Notation) by the province (Culture and Community Spirit Department) and is part of a ( km2 or mi2 in size) that in addition to the paint (ochre), encompasses medicinal plants, which may be naturally disjunct occurrences or historic/pre-historic introductions by the Piikani. This area is also located entirely within year-round grazing leases.

For the Piikani, Siksika, Kainaiwa and Blackfeet First Nations, this internationally significant, sacred site is an integral part of the whole Castle Special Place and is the root of the name in the Blackfoot language for the lands of the Castle Special Place – I’tai sah kòp [Where We Get the Paint]. We recommend that Alberta Tourism, Parks and Recreation, and Culture and Community Spirit jointly take a lead on working with the Piikani First Nation and the grazing lease holders to ensure appropriate, legislated long-term protection of the site.

13. Benefits to Communities (At the big, conceptual level)

Benefits are outlined under category headings that correspond with the stated desired outcomes of three of the Alberta Government policies and strategies (Water for Life, Land Use Framework and Alberta’s Plan for Parks), as those desired outcomes are also statements of desired community benefits. Plus, we have also outlined some under the additional heading of A Sense of Place. Map 4 provides a graphic depiction of some of the benefits.

Water for Life (Water for Life Strategy)

Across the full spectrum of interests affected by or interested in the Castle, none disagree with the importance of legislated protection of the Castle for its irreplaceable value as the key water source. It has been known for several years that water allocations in the Oldman River Basin exceed the supply. Residents and holders of water licences in the Basin place a priority on ensuring the quality and quantity of water can be naturally supplied. That entails timely protection of the source. Securing and protecting the Castle Special Place – southern Alberta’s “water tower” – under Alberta’s protected areas and parks legislation will be a decisive action to meet this expressed priority and the government’s desired outcomes in the Renewed Water for Life Strategy. a) Reliable, quality water supplies for a sustainable economy • Alberta Government policy has identified the area of the Castle Special Place as a “very important water producing area”xix • A recent international forum on water policyxx in which the Environment Minister and Department participated, recommended protecting the Oldman River basin headwaters, noting the value of establishing the proposed Wildland Park. • One of the two most threatened river basinsxxi in the entire Saskatchewan River system is the Oldman, for which the Castle Special Place provides almost a third (30 per cent) of the annual flow, capturing the highest amount of annual precipitation of any location in Alberta and releasing it downstream into the Waterton, Oldman and Castle Rivers.

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Map 4. The Alberta Road Map

Today Tomorrow with Castle Protected Area Legislated

• Largest water source without protection. Average summer flows • Water tower of Oldman River Basin secure & protected. in Oldman system at 40% of what they were 100 years ago. • Beaver Mines, Brocket, Burmis, Cowley, Crowsnest Pass, • Castle Special Place no longer ecologically sustainable due to Lundbreck & Pincher Creek benefit as gateway communities. cumulative impacts. • A major destination for the Cowboy Trail and Trail of • Shortfall of wildland and outdoor recreation areas in southern the Great Bear travel themes. Alberta. • Internationally significant Wildland for southwest Alberta. Base map from Alberta Motor Association. Page 30 of 42

• Other jurisdictions in North America have protected their headwaters in legislated protected areas. This includes, for example, the capitol of Alaska and in Alberta, the Town of Slave Lake (Grizzly Ridge Wildland Park) and the City of Calgary, historically with part of its headwater supply protected in Banff National Park and the Ghost River Wilderness Area, and more recently in the Elbow-Sheep Wildland Park. • Source water protection is a key element in not only securing safe water supplies, but also in preparing for the impacts of climate change, through better watershed management to mitigate the effects of lower snowfall, greater rainfall delivered more quickly and lower base flows in later seasons. b) Safe, secure drinking water supply • Legislating the designated protected area within the protected areas and parks system would secure the largest single source of water for the drinking water supply for more than 96,600 Albertans and significant livestock populations directly downstream of the Castle Special including the Town of Pincher Creek and City of Lethbridge. • It would provide the necessary legislation and management framework for addressing cumulative impacts with a focus to restoring the quality of water flowing from the Castle Special Place. c) Healthy aquatic ecosystems • Legislating the Castle Special Place within the protected areas and parks system provides the implementable and enforceable framework necessary for protecting and restoring aquatic ecosystems, particularly for protecting and restoring intact forests and riparian vegetation, and reducing the amount of unvegetated linear disturbances. o Linear disturbances (seismic lines, roads, pipelines, etc) are the primary physical, human disturbance in the Castle Special Place. o One third of the designated protected area would naturally be old growth forest, which in this area requires 250 years before developing old-growth characteristics. However, due to clear-cut logging, less than nine per cent of the Castle is old-growth, having a direct impact on aquatic ecosystems such as redds for trout, and the timing of water flows from the Castle. • Maintenance and recovery of bull trout and west-slope cutthroat populations (fish provincially listed as species of concern) will be facilitated by a legislated protected area.

People-friendly communities and recreational opportunities (Alberta’s Plan for Parks) People-friendly communities with ample recreational and cultural opportunities (Land-Use Framework) Legislated protection of the Castle Special Place within Alberta’s protected areas and parks legislation would: • Noticeably increase the quality of public experiences in the Special Place (including motorized and non-motorized recreation), provide equitable opportunities for outdoor recreation, and protect the integrity of the ecosystem upon which all those experiences depend, as a result of protected area legislation and planning that by design is focused on protection and outdoor recreation.

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• Provide for historic outdoor recreation activities and the associated businesses that cannot be accommodated in national parks, particularly guiding and outfitting, hunting and the more recent off-road motorized recreation. • Help protect additional supply to assist with meeting the current demand. For many years now, Waterton Lakes National Park located next door to the Castle, is full each peak season. Demand for intact natural environments and quality outdoor recreation in protected natural environments annually exceeds the capacity of that park. To meet the demand, and realize the economic benefits from that, this conceptual proposal would protect more supply.

A Sense of Place Southwest Alberta has a long history of local conservation voices and action for the protection of what is now the Castle Special Place. (See Appendix III for a chronology). Historian Graham MacDonald in Where the Mountains Meet the Prairies wrote of the late 1880s, “The importance of the nearby mountains as a source of headwaters, fish and wildlife brought together apparently disparate individuals in a discussion of public reserves and their ideal nature.” Those reserves included today’s Castle Special Place from 1914 through 1954. Today, such people have again come together with the same common purpose, this time seeking to achieve the Castle’s protection within the province’s current protected areas and parks legislation.

• With legislated protection of the Castle Special Place, communities would gain a place for in situ heritage appreciation and interpretation of our cultures associated with this remnant piece of Alberta’s original wilderness landscape. o An important part of defining today’s character and sense of place for the southwest communities. o Of profound prehistoric, historic, cultural and spiritual significance for the Nitsitapii (Blackfoot speaking First Nations): the Siksika, Kainaiwa [Blood Tribe], Piikani [Peigan] and Blackfeet First Nations. At least 1000 years of continuous occupation and use by the Piikani and their ancestors.xxii Also of importance for the Nakoda [Stoney] and K’tunaxa [Kootenay]. o Stone cairns, more than 300 years old, still mark some of the ancient trails.xxiii o Recorded European exploration in the Castle starts in the late 1700s with K’tunaxa guides taking La Bossi and Le Blare, assigned by David Thompson, across what is believed to be Middle Kootenay Pass, and includes the better known exploration of Thomas Blakiston of the Palliser Expedition in 1858. o The landscape that provided settlers of the adjacent plains with water, wild game, sport fishing, logs for homes and a sanctuary from the summer heat and dry winds of the adjacent plains (settlement on adjacent lands began late 1800s and early 1900s). o Some of Alberta’s earliest livestock grazing associated with Montane grasslands and part of the range of the early stock associations still in existence today (e.g. Pincher Creek Stockmen’s Association, 1933). o Remnant part of the wilderness that was the base for commercial guiding and outfitting, which began here in 1909. • Would protect and provide the framework for the restoration of the ecological integrity upon which outdoor recreation and research in this popular Special Place depends. • Would protect the backdrop of the landscape that defines the region and entices residents and visitors alike into its wilds. • A destination for the Cowboy Trail and Trail of Great Bear travel themes.

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Sustainable prosperity supported by our land and natural resources. (Alberta’s Plan for Parks) Healthy economy supported by our land and natural resources. (Land Use Framework) • Wildlands, wilderness and other such natural environments like the Castle Special Place are the products of centuries of natural processes. As such, more cannot be built to meet needs and demands now or in the future. This basic principle underscores the importance of protecting enough of today’s existing supply to meet current and future needs. • Economic benefits from legislated protected areas are sustainable for local and regional economies over the long-term, assist communities and businesses with diversifying, and help them weather the boom-bust cycles of resource extraction and global commodity markets. All such benefits would accrue to southwest Alberta with the Castle protected area legislated. • When compared on an equivalent land area basis, person-years of employment and economic activity annually generated by the provincial legislated protected areas are comparable to that of the logging and agriculture sectorsxxiv. o Legislating the Castle Special Place would provide a tangible boost for sustainable diversification of local economies. o The Castle is not suitable for agriculture, other than the annual, summer cattle grazing permits, which would remain in place with the Castle as legislated protected areas. o There are no commercial sawmills operating in southwest Alberta. • The Municipality of Crowsnest Pass, Municipal District of Pincher Creek, City of Lethbridge, Town of Pincher Creek, and other gateway communities in those municipal jurisdictions will have the opportunity to begin to share in the additional employment and economic activity currently generated by legislated protected areas and parks elsewhere in Alberta. • Beaver Mines, Brocket, Burmis, Cowley, Crowsnest Pass, Lundbreck and Pincher Creek would directly benefit as gateway communities. o The gateway communities would have the key land-base needed to retain and attract new residents through amenity migration, enabling them to compete favorably with other North American communities along the Rocky Mountainsxxv. (Amenity migration is the movement to rural or smaller towns of people whose employment or income does not require they live in a specific location.) o Of particular importance to Crowsnest Pass where the resident population has declined as much as 24 per cent from that of 1982, including a decline of 8.2 per cent between 2001 and 2006. o Would become centres for providing additional public and visitor services for the proposed Castle Wildland, Provincial Recreation Area and parks. • Increased tax revenues for the province are expected, in keeping with the $461 million currently received annually through public and visitor use of all of Alberta’s legislated protected areasxxvi and in regards to the national and international significance of the Castle Special Place within the Canada-US Crown of the Continent Ecosystem. The Crown was a focus of National Geographic’s geo-tourism mapping project. • A recent international forum in which the Alberta Environment participated on water policyxxvii noted that establishing the proposed wildland park would pay for itself over and over again in the economic value of the ecological services it provides alone. • Ecological goods and services, such as wildlife, soils and clean air would be secured and restored for communities of southern Alberta, including the enhanced protection from flood and drought that comes with protection and restoration these unsurpassed, headwater streams of the Oldman, Castle and Waterton Rivers.

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Healthy ecosystems and environment (Alberta’s Plan for Parks and Land-Use Framework) • Castle Special Place is a key part of the international Crown of the Continent Ecosystem, both in its outstanding biological diversity and its role in the health of that ecosystem, including as habitat for wildlife with large or trans-boundary home ranges (e.g. carnivores, bighorn sheep, elk and mountain goats). It is Alberta’s largest designated protected area within that ecosystem. • Legislating the Castle within Alberta’s protected areas system provides the necessary implementable and enforceable legislation for mitigating and reducing cumulative impacts and for managing the intensity, location and timing of use. • The provincial and international significance of the Castle Special Place is outlined under section 10, Why the Castle Special Place?

14. How proposal relates to Alberta Government priorities With the province’s new Alberta Plan for Parks, the Alberta Government has given the Tourism, Parks and Recreation Department a leadership role in the establishment of legislated protected areas and parks. However, given the nature of the Castle Special Place and its cultural and environmental significance at a provincial and national scale, legislating the Castle protected area within the province’s system of protected areas and parks would also directly assist five additional Ministers in meeting their priorities.

Listed below are the relevant priorities quoted from the December 2006 and March 2007 mandate letters Premier Ed Stelmach gave the Ministers, and how legislating the designated protected area within the current protected areas and parks Acts would help deliver on those priorities.

Alberta Government Priority Legislating the Castle Protected Area Would Deliver

Environment • Manage Alberta’s water resources to • Security, protection & restoration of one of Alberta’s premier headwater sources of water for ensure the province has the quality and one of the driest regions. quantity of water needed now and into • Castle Special Place receives and captures the most annual precipitation of any the future to support population and location in Alberta; releasing it to the environment and communities down stream. economic growth. Although less than 4% of the land area of the Oldman River Basin, it provides almost a third (30%) of the annual water flow for the entire Basinxxviii and beyond into the Saskatchewan River system. • Water allocations in the Oldman River Basin exceed supply. Plus, climate change is altering and reducing supply. Both further accentuate the urgent importance of legislating the Castle as protected areas. • The health of the watershed, particularly timing of flows (directly affected by

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Alberta Government Priority Legislating the Castle Protected Area Would Deliver commercial logging of intact forests) and water quality, is presently below what it could be with legislated protection of the Castle. • Oldman River Basin encompasses much of southern Alberta; from the Town of High River to the St. Mary River headwaters in the US and from the BC border to downstream of Taber and including Lethbridge. More than 600,000 Albertans reside there. • Address the impacts of development on • A necessary component for achieving cumulative effects management at the regional scale land, air, water and biodiversity, at a of the South Saskatchewan region. E.g. in terms of security and protection of the main regional level, through a cumulative water source, wildlife habitat, protection of soils, and recovery of species at risk on public effects management system that is lands. integrated with Alberta’s Land-use • A recent independent reportxxix reviewing the current state of ecological knowledge for Framework. the Castle Special Place and the province’s Energy Utilities Boardxxx and Natural Resources Conservation Board (NRCB)xxxi have all concluded that the status quo, cumulative use is not sustainable within the Castle Special Place. • The NRCB ruled that a legislated protected area for most of the Castle Special Place was needed as the primary mitigation measure for the impacts of developing a four season resort at the West Castle site. That development has been built without the mitigation measure concurrently being in place, resulting in the predicted, unsustainable cumulative impacts of today. • Sufficient legislated protected areas are a basic component of sustaining ecological integrity at the regional or landscape scale.

Energy • Ensure Alberta’s energy resources are • Management of all cumulative impacts in the designated protected area, so that current developed in an environmentally environmental management efforts by the energy sector (located on the eastern edge) are sustainable way. more effective in the over-all goal of rectifying the currently, unsustainable cumulative usexxxii. • An opportunity to showcase the decommissioning & full reclamation of a natural gas field at the end of its lifespan, and located within an environmentally significant area of national significance. • Eastern edge (78 ¼ mi2 or 19%) of Castle Special Place is leased, primarily as the western part of Royal Dutch Shell Canada’s Waterton Gas Field, which is a mature, natural gas field. • As the primary disposition holder of mineral rights in the Castle, May 2008, Shell provided a letter stating they are not opposed to the creation of a park,xxxiii are committed to full participation in a process engaging all stakeholders in the proposal, and that they need to understand how establishment will affect their interests in the

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area. They have been an active part of this citizen’s initiative’s working group. (March 200*) • As per free-hold mineral rights (old Burns Coal Mine) located in the middle of Elbow-Sheep Wildland Park, legislated designation of the Castle would not affect the 10.5 mi2 of free-hold mineral rights located in the northeast section, in the areas of Hastings Ridge, Willoughby Ridge and Jackson Creek.

Aboriginal Affairs • Continue to implement the Aboriginal • Economic opportunities for the Piikani First Nation in particular by virtue of: Self-sufficiency strategy to improve • Brocket being one of the gateway communities to the Castle Special Place as a Aboriginal participation in the economy legislated protected area. and economic development in • The Castle being a comparatively intact remnant of the wilderness that sustained the Aboriginal communities. ancient cultures interpreted at Head-Smashed-In Buffalo Jump World Heritage Site (i.e. protection of the land base and significant cultural sites associated with the culture interpreted at the World Heritage Site). • The continental, cultural and spiritual significance of sites encompassed by the Castle Special Place; includes sites still used today. • Alberta’s Plan for Parks commitment to: • Encourage aboriginal participation in protected area/park planning. • Partnerships for development and delivery of interpretive programs.

Sustainable Resource Development • Develop a Biodiversity Strategy to • Effective protection of what the province has assessed as Alberta’s most biologically diverse conserve biological diversity and enable area. sound management on Alberta’s natural • The legislative framework needed to sustain and restore the ecological integrity of this site, resources on a sustainable basis. including the habitat for a large number of species listed as being rare or at risk of extirpation in Alberta. • Implementation of habitat protection for two-thirds of the focal species in the Department’s Southern Headwaters Species at Risk Project (SHARP). SHARP was initiated in order to protect the increasing number of species at risk and to prevent others from becoming at risk of extirpation in the headwater region of the Oldman River Basin. E.g. Wolverine, Long- Toed Salamander, Pileated Woodpecker, Harlequin Duck, Vagrant Shrew and Grizzly Bear. • SRD lists Alberta’s protected areas and parks system at the top of its list of key actions by the government to conserve biological diversity. http://srd.alberta.ca/fishwildlife/biodiversity.aspx • Endangered and rare species lists include 187 plant species, 6 plant communities, 14 mammals, 44 birds, 3 reptiles, 5 amphibians, 2 fish and 10 butterflies, as well as spider species that reside in the Castle Special Place.

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Alberta Government Priority Legislating the Castle Protected Area Would Deliver • Legislating the designated protected area would be a marked contribution for implementing the province’s Grizzly Bear Recovery Plan. • Address competing use of land through • Enhanced public trust in the new, regional land-use planning process by completing the planning and decision-making directed phased implementation of the primary land-use decision made for this site (designated a by the completion and implementation protected area) as a part of the lengthy, prior regional planning processxxxiv. of the Land-use Framework.

Tourism, Parks & Recreation • Develop a plan for provincial parks and • A significant increase in the supply of designated wildlands & outdoor recreation areas to recreation areas to accommodate meet the substantial population growth that has occurred in southwest AB. population growth and improve quality • Increase in that supply with the very site the Alberta Government has recognized has of life opportunities. having considerable interest from Albertans in its establishmentxxxv. • Lead the development of a culture • 1982 – Minister responsible wrote there is a shortfall of wildland and recreation policy encompassing Alberta’s cultural, areas in southern Alberta. historical and natural heritage. • Since 1982 - Population within 1 ¼ hours drive of Castle Special Place has [Addressed below under the current increased by 21%. (Total Alberta population grew 10.6% during 2001-2006) Ministry]. • Largest single user group of the Castle Special Place is the residents of Lethbridge, where the population has grown by 44% since 1982. • Implementable and enforceable legislative framework to mitigate and manage the currently unsustainable, cumulative impacts within the Castle Special Place. This in turn restoring the quality of public experiences in the area (including motorized and non-motorized recreation), equitable opportunities for outdoor recreation, and the integrity of the ecosystem upon which all those experiences depend.

Culture and Community Spirit • Lead the development of a culture • Addresses the keystone of access to cultural experiences and opportunities by policy encompassing Alberta’s cultural, protecting a provincially and internationaly significant landbase and in situ pre- historical and natural heritage. history and history associated with: • Promote and support culture in Alberta • The Nitsitapii: Piikani [Peigan], Siksika, Kainaiwa [Blood] and Blackfeet by working with partners to implement First Nations, as well as the Nakoda [Stoney] and K’tunaxa [Kootenay] First The Spirit of Alberta: Alberta’s Cultural Policy and establishing a Premier’s Nations. Council on Arts and Culture. • European exploration. • Alberta’s early guiding and outfitting. • By protecting a significant piece of the original wilderness land-base for those cultures, legislating the Castle Special Place provides opportunities for interpretation

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and for experiencing those cultures in situ, as well as for the First Nations to continue cultural and spiritual practices there.

15. How proposal relates to Alberta Government Policies and Strategies

How the proposal relates to the Water for Life strategy and Alberta’s Plan for Parks is addressed above in section 11, Benefits to Communities. Each of the desired outcomes of that strategy and policy are used as headings in section 11, categorizing the Community Benefits..

Land-Use Framework The primary, regional land-use decision has been made by the Alberta Government regarding this site. It designated the 1,041 km2 Castle Special Place as a protected area. Implementing that protected area decision through Alberta’s protected areas and parks legislation is consistent with and supports the province’s land-use planning policy – the Land Use Framework. Other sites designated as protected areas the same day as the Castle, including Marguerite Wildland Park (larger than the Castle at 1,963 km2) in the Lower Athabasca planning region, have all been legislated within the current protected areas and parks legislation. Legislation and continuance of the Castle Special Place as a designated protected area is needed if the desired outcomes of the Framework are going to be met for the South Saskatchewan region.

Implementing the protected area designation through the protected areas Actsxxxvi would meet the Framework’s three desired outcomes of regional land-use planning as described in section 11 under each desired outcome. Alberta’s Plan for Parks is one of the government’s policies providing strategic direction to regional land-use planning and is aligned with the Land-Use Framework through the same desired outcomes and the same commitments to work with Aboriginal peoples and address gaps in protecting biological diversity.

Legislating the Castle protected area provides the province with a cornerstone for achieving an integrated land-use plan for the South Saskatchewan region, one that sustains water, land, air and biological diversity. The Framework defines conservation as “The responsible preservation, management and care of our land and of our natural and cultural resources.” For public lands in the region, it would help deliver the preservation part of a conservation strategy as sought through the Framework’s Strategy #4: “Develop a strategy for conservation and stewardship on private and public lands.”

16. Those in Support, Including Others Contacted

[Organizations on the Working Group are presently reviewing this final draft with their boards and membership. It is also currently in circulation to the rest on the outer two circles of the Citizen’s Initiative and beyond to contacts on the database.]

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Listed in Appendix III are those who agree in principle with this conceptual proposal, that is, they agree with principle number one: “The current provincial system of designated Protected Areas and Parksxxxvii is adopted as the basis for obtaining legislative protection for the Castle Special Place,” and the boundary as described in section 6.

Also listed in Appendix III are those agreeing with the conceptual proposal in principle and specific content of the recommendations; specifically section 7, Principles for the Castle Special Place and section 10 Types of Protected Areas Proposed and Rationale.

17. Future Involvement

The Castle Place Citizen’s Initiative was formed from the outset for a specific purpose: to undertake development of a conceptual proposal for protecting the Castle Special Place within the province’s current protected areas and parks designations. It is not the intention of the Citizen’s Initiative to reconvene to undertake the task of management planning. As with all new protected areas and parks, it is the Tourism, Parks and Recreation Department that undertakes management planning and the public consultation associated with it. While the Citizen’s initiative has been a transparent and inclusive process, and open to all who wished to participate, some who for whatever reason may have not participated in the process, but may want to participate in the management planning.

Those who wish to be involved in the future and how

Members on the Working Group have indicated that they are willing to be contacted by the Department when it undertakes management planning.

[Organizations on the Working Group are presently reviewing this final draft with their boards and membership, including how the wish to be involved if the Minister proceeds with legislating the protected area. This proposal is also currently in circulation to the rest on the outer two circles of the Citizen’s Initiative and beyond to contacts on the database.]

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Footnotes

i Energy IL 2003-25, Honouring Existing Mineral Commitments In Legislated Provincial Protected Areas, Sept. 2003, ii See www.tpr.alberta.ca/parks/managing/establishing.asp#special Full name is Castle Special Management Forest Land Use Zone. As described on the government website, Forest Land Use Zones are not designated protected areas (e.g. they have no bearing on industrial activity or other uses) http://srd.alberta.ca/lands/usingpublicland/recreation/fluz/default.aspx iii Municipal District of Pincher Creek, Municipality of Crownest Pass, Town of Pincher Creek and I. D. Number 4 (Waterton). Castle Special Place falls within the municipal jurisdiction of the M.D. of Pincher Creek. iv A disposition holder is any entity (e.g. person or company) that has a legal agreement with the province, which conveys specific rights of occupation or use of either the surface or the subsurface that are different from the rights of the general public (e.g. license of occupation, grazing permit, trap-line license, timber quota). v Honoured means the right would not be dismissed out of hand. One of the provincial government’s roles is to negotiate with the existing disposition holders should protected area or park designation require any changes in their existing rights. vi The definition of ecological integrity is taken from Noss, R.F. 1995. Maintaining ecological integrity in representative reserve networks. World Wildlife Fund Canada and World Wildlife Fund United States, Discussion Paper. In Arc Wildlife Services Ltd. 2004. Selected Ecological Resources of Alberta’s Castle Carbondale: A Synopsis of Current Knowledge. Compile by Arc Wildlife Services Ltd., Calgary, Alberta. Prepared for CPAWS Calgary/Banff and Shell Canada. 216 pp. vii Unsustainable and sustainable in this document refer to the principles of “sustainable development” which entail the management of human use and its cumulative effects with the aim of protecting the environment so that today’s use does not foreclose meeting future needs into the indefinate future. The term was coined by the Brundtland Commission (United Nations. 1987. Report of the World Commission on Environment and Development. General Assembly Resolution 42/187, Dec.11, 1987) and defined as development that "meets the needs of the present without compromising the ability of future generations to meet their own needs." viii Jurisdictions apply broadly, including federal and provincial (e.g. the adjacent Waterton Lakes National Park and British Columbia), departments within the Alberta provincial government, and municipal and First Nation governments. ix “Access” is used here in the general meaning of the term and is not confined to only road and off-road “motorized access.” It is used to mean a way of getting to, approaching, reaching or entering and includes all forms of motorized and non-motorized means (e.g. foot, horse, paddle and bicycle). x Aboriginal places include pre-historic, historic, spiritual and cultural sites. xi Cultural use includes traditional ceremonies, subsistence hunting and fishing, gathering of ceremonial items and gathering of medicinal plants by the First Nation cultures indigenous to the area. xii The Castle Special Place does not include the existing Castle Mountain Resort and the area provided the resort within the municipal Area Structure Plan. xiii Ipsos-Reid survey, August 23, 2007

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xiv Alberta Tourism, Parks and Recreation. 2008. Survey of Albertan’s Priorities for Provincial Parks. Final report submitted by The Praxis Group for Alberta Tourism, Parks & Recreation. Edmonton, AB. xv Second to Whaleback – North Porcupine Hills unit; part of which is protected in the Bob Creek Wildland Park and Black Creek Heritage Rangeland. xvi Energy IL 2003-25, Honouring Existing Mineral Commitments In Legislated Provincial Protected Areas, Sept. 2003, xvii Wilderness is the name given tracts of land or water that are not visibly altered by human activity – remnant pieces of the primeval. Its definition has both ecological and cultural components. Perceived overcrowding or the lack of opportunities for solitude, and the evidence of human impacts or developments on the natural environment are agreed upon by users as the two main factors that degrade wilderness (Stankey, G. H. 1985. Visitor Attitudes and Behavior: Research on visitor behavior, perceptions, motivations and on factors such as visitor conflict and crowding. National Wilderness Research Conference, Colorado State University. Fort Collins, Colorado. xviii Excerpts from province’s website on types of protected areas and parks www.tpr.alberta.ca/parks/managing/flashindex.asp xix A Policy for Resource Management of the Eastern Slopes (1977) xx Rosenberg International Forum on Water Policy. March Program Synopsis & Lessons for Canada & Alberta. Pp. 90-91. xxi “The combination of climate warming, by way of its effects on glacial melt, evaporation and accelerated spring melt, plus high water temperatures, increasing human populations, agricultural use and industrial development” are the primary factors threatening these basins, the other being the Bow. Rosenberg International Forum on Water Policy. March 2007. Program Synopsis & Lessons for Canada & Alberta. P. 56. xxii Reeves, Brian and Sandra Peacock. 2001. “Our Mountains are Our Pillows,” An Ethnographic Overview of Glacier National Park. Glacier National Park Montana. xxiii Alberta Wilderness Association. 1986. Eastern Slopes Wildlands, Our Living Heritage. Alberta Wilderness Assoc., Calgary, AB. xxiv Dobson, Stephen and John Thompson. 1996. Parks and Protected Areas: Their Contribution to the Alberta Economy, a Discussion Paper. Alberta Environmental Protection, Edmonton, AB. xxv Compilation of research on resource economics identified four key factors for attracting those who have choices and where they live and locate their business, or retire. Those four factors are proximity to protected areas; well developed community planning structure, proximity to an airport with scheduled flights and adequate health and education services. (Pacific Analytics Inc. Nov. 2005) xxvi Ibid. xxvii The forum addresses water-stressed regions around the world. Rosenberg International Forum on Water Policy. March 2007. Program Synopsis & Lessons for Canada & Alberta. Pp. 90-91. xxviii Alberta Environment, flow volume calculations, April 18, 2006. xxix Arc Wildlife Services Inc. 2004. xxx Alberta Energy Utilities Board. 2000. xxxi Natural Resources Conservation Board. December 1993. Decision Report: Application to Construct Recreational and Tourism Facilities in the West Castle Valley, near Pincher Creek, Alberta. xxxii Alberta Energy Utilities Board. 2000. Decision 2000-17: Shell Canada Ltd. Application to drill four critical sour gas wells and construct and operate related pipelines and facilities, Castle River area; and Arc Wildlife Services Inc. 2004. Selected Ecological Resources of Alberta’s Castle Carbondale: A synopsis of Current Knowledge. Calgary, AB. xxxiii At that time, the Castle Special Place proposed as 90% Wildland Park and 10 % Provincial Park as the Andy Russell-I’tai sah kóp Parks. xxxiv For an example, see Dec. 2007 letter from Livingstone Landowners Group in Appendix V.

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xxxv E.g. Jan. 31, 2007 letter from Tourism, Parks, Recreation & Culture Minister and March 18, 1998 announcement of protected area designation, xxxvi Alberta’s protected areas & parks legislation consists of two Acts: Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act and Provincial Parks Act. A third, the Willmore Wilderness Park Act, does not provide for any new Wilderness Parks. xxxvii The provincial system of designated protected areas and parks consists of the following types of protected areas and the legislation for them: Natural Areas, Heritage Rangelands, Wildland Parks, Ecological Reserves, Provincial Parks and Provincial Recreation Areas.

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Appendix I. Addendum

In the Alberta Government’s March 18, 1998 News Release and highlights of their decision on the Castle Special Place, four goals are referred to for the area: preservation, heritage appreciation, outdoor recreation and tourism/economic development.

The Government’s Special Places 2000: Alberta’s Natural Heritage Policy and Implementation Plan at the time defined each goal as follows:

Preservation – to designate natural landscapes that preserve the full range of environmental diversity and special natural features of Alberta.

Heritage Appreciation – to include landscapes that ensure, for all Albertans and visitors, the opportunity to explore, understand and appreciate the full range of Alberta’s natural heritage.

Outdoor Recreation – to include natural landscapes throughout Alberta that ensure opportunities for a variety of resource-based, dispersed recreation pursuits.

Tourism and Economic Development – to include areas capable of supporting tourism infrastructure and sustaining long-term economic viability of adventure travel and ecotourism, including extended tours in unspoiled natural landscapes.

Today, those goals are similarly defined by the Government (from www.tpr.alberta.ca/parks/managing/flashindex.asp).

Goals: Four goals reflect our collective commitment to maintaining a network of parks and protected areas for present and future generations. The primary goal of preservation is balanced with three other goals: heritage appreciation, outdoor recreation and heritage tourism. Achieving these goals contributes to our cultural identity, health, well-being and economic prosperity.

Preservation - to preserve, in perpetuity, a network of parks and protected areas that represent the diversity of the province's natural heritage and related cultural heritage.

Heritage Appreciation - to provide opportunities to explore, understand, and appreciate Alberta's natural heritage, and to enhance public awareness of our relationship to and dependence upon the natural world.

Outdoor Recreation - to provide a variety of natural landscape-dependent outdoor recreation opportunities and related facilities and services.

Heritage Tourism - to encourage Alberta residents and visitors to discover and enjoy the province's natural heritage through a variety of outdoor recreation and nature-based tourism opportunities, facilities and accommodation services. Appendix II

Castle Special Place Working Group O = Observer

Type of Organization Organization First Name Last Name (Member or representative of) 1 Adjacent Landholder landholder Brian Hamilton 2 Adjacent landholder landholder, Division #1 John Russell 3 Adjacent landholder landholder, Gladstone Valley, Division #3 Phil Hazelton 4 Adjacent landholder landholder, Gladstone Valley, Division #3 Hilah Simmons 5 Commerce Beaver Mines Jolaine Kelly 7 Commerce The Fly Shop & Alberta Fly Fishing Adventures Alan & Susan Brice 8 Community Assoc. Beaver Mines Kevin Kelly 9 Community Assoc. Castle Mountain Resort Community Gerry Stefanson 10 Community member Municipality of Crowsnest Pass Larry Mitchell Community member Municipality of Crowsnest Pass Garry Taje 11 Conservation Alberta Native Plant Council Mary Ann Johnson 12 Conservation Crowsnest Conservation Society Rick Cooke Conservation Crowsnest Conservation Society Bill Paton 13 Conservation Nature Conservancy of Canada Kristie Romanow Conservation Nature Conservancy of Canada Anne Stevick 14 Conservation Trout Unlimited - Oldman Chapter Richard Burke Conservation Trout Unlimited - Oldman Chapter Mike Lamb 15 Disposition – grazing permit Bev Evert 16 Disposition – grazing permit Mac Main 17 Disposition - petroleum Royal Dutch Shell Canada Roger Creasey Disposition - petroleum Royal Dutch Shell Canada Alan Dunlop 18 Environment Canadian Parks & Wilderness Soc. Gregoire Belland Environment Canadian Parks & Wilderness Soc. Sarah Elmeligi Environment Castle-Crown Wilderness Coalition Judy Huntley 19 Environment Castle-Crown Wilderness Coalition Gordon Petersen 20 Environment Sierra Club of Canada Dianne Pachal 21 First Nation Piikani First Nation, Crow-Eagle Traditional Trail Edwin Small Legs Ride 22 First Nation Piikani First Nation, Piikani Community Wellness Margaret Plain Eagle Society 23 Guide & Outfitter Tread Softly Adventures Cameron Welsh Guide & Outfitter Alberta Fly Fishing Adventures Alan & Susan Brice 24 Landholder Group Chinook Area Land Users Association (CALUA) Larry Frith 25 Municipal Gov. I.D. 4 (Waterton) Dr. Brian Reeves 26 Municipal Gov. Town of Pincher Creek Andrew Colley 27 Recreation Alpine Club of Canada, Rocky Mt. & Tim Greir Calgary Sections 28 Recreation Kelly Rinaldi 29 Recreation Syncline Castle Trails Association Wendy Ryan 30 Recreation, Conservation Hillcrest Fish & Game Association Ross Macdonald Recreation, Conservation Hillcrest Fish & Game Association Tony Stoklosa 31 Recreation, Conservation Lethbridge Fish & Game Association Ian Gazeley Recreation, Conservation Lethbridge Fish & Game Association Don Sheppard 32 Recreation, Conservation Southern Alberta Bowhunters Association Mike Philip 33 Research Independent John Hancock O Research Magill University Olivier La Rocque 34 Service Club Rotary Club of Pincher Creek Karin Buhrmann 35 Service Club Scouts Canada, Chinook Council Mike Bingley Stewards West Castle Wetlands Ecological Reserve Bree Stefanson-Korobanik O Synergy Associations Southwest Alberta Sustainable Community Initiative David Green 36 Watershed Group Castle-Crown Wilderness Coalition James Tweedie 37 Watershed Group Oldman Watershed Council Stephanie Palnechek Watershed Group Oldman Watershed Council Leta Pezderic 38 Watershed Group Pincher Creek Watershed Group Bradley Bustard

List updated May 28, 2009 Appendix III Short Chronology of the Conservation History of Today’s Castle Special Place

1883 Area rancher, Fredrick W. Godsal of the South Fork Ranchi writes William Pearce, Superintendent of Mines, Dominion of Canada urging that “without delay,” reserves be set aside forever from settlement for public use (“camping and holiday making”) and to prevent these lands from being “spoiled.” (He was also one of the founders and the first vice- president of the Pincher Creek Stockmen’s Associations.)

1911 Today’s Castle Special Place becomes part of the national Rocky Mountains Forest Reserve.

1914 Waterton Lakes National Park (established 1895) is expanded to include today’s Castle Special Place as far north as the Carbondale River. It had been part of the national Forest Reserve.

1921- Castle moved out of the national park and moved back into the national Rocky Mountains 1954 Forest Reserve as a game preserve. (In 1921, the boundary between Castle and national park becomes what it is today.)

1934 Responsibility for all natural resources in the Province of Alberta (established 1905) transfers from federal to provincial jurisdiction.

1950 Owing to competition for forage between game and livestock, decision made to phase out horse and sheep grazing, with the last sheep grazing permit (Yarrow Creek valley) discontinued 1954 and horse permits ending in 1956.

1968 Pincher Creek Fish and Game Association advocates the Castle be protected as a recreational wilderness.

1968 Alberta Wilderness Association formed at Lundbreck. It also takes up the cause of provincial legislated protection for the Castle.

1974 Following public hearings on the future of the Eastern Slopes Region, and presentations from area residents for the legislated protection of the Castle as a “wildland recreation area,” the Alberta Government’s Environment Conservation Authority recommends a large wildland recreation area be established in the headwaters of each of the major river basins, including the Oldman River Basin.

Alberta Government places much of the Castle under Crown Reservation for a future park.

1977 Alberta Government issues A Policy for Resource Management of the Eastern Slopes, noting for the southern Eastern Slopes “two areas are particularly significant: the Castle River headwaters and the Kananaskis-Elbow-Sheep area” and describes the Castle as a very important water producing area and as having a high potential for wildland recreation.

1989 Castle-Crown Wilderness Coalition formed at Pincher Creek. Focused on establishment, restoration, maintenance and environmental protection of the Castle.

1995 As a part of the Alberta Government’s Special Places 2000: Alberta’s Natural Heritage Policy and Implementation Plan for establishing legislated protected areas and parks, area residents, including members of the Piikani First Nation, nominate the Castle for protection.

1995 Crowsnest Forest Stewardship Society formed. Focused on continuation and sustainability of multiple use opportunities, while maintaining environmental objectives in the Crowsnest Forest, Rocky Mountain Forest Reserve.

1998 The Alberta Government designates the Castle Special Place as a protected area. Based on the recommendation of a local advisory committee, it decides to phase in the protection starting with a Forest Land Use Zone, rather than legislating it as a protected area at that time.

i South Fork Ranch was 20,000 acres located between the Middle Fork (Crowsnest River) and South Fork (Castle River) of the Oldman River. Mr. Godsal was also a mountain climber and climbing peaks in the Castle. BYLAW 5594

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A BYLAW OF THE CITY OF LETHBRIDGE TO REGULATE STORM SEWERS AND STORM DRAINAGE IN THE CITY OF LETHBRIDGE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

WHEREAS the Municipal Government Act authorizes a municipality to pass Bylaws for municipal purposes respecting public utilities and services provided by the municipality;

AND WHEREAS regulating storm sewers and storm drainage within the City of Lethbridge is desirable;

AND WHEREAS it is deemed expedient to update and consolidate the bylaws which control and regulate storm sewers and storm drainage in The City of Lethbridge;

NOW THEREFORE THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, ENACTS AS FOLLOWS:

1.00 TITLE

1.1. This Bylaw may be referred to as the “Drainage Bylaw”.

2.00 INTERPRETATION AND DEFINITIONS

2.1. Unless the context specifically indicates otherwise, the meaning used in this Bylaw shall be as follows:

2.2. “Animal Waste” means all forms of waste from animals or the treatment of animals, and includes animal carcasses or parts;

2.3. “Biomedical Waste” means medical waste that requires proper handling and disposal because of environmental, aesthetic, health or safety concerns and includes, but is not limited to:

2.3.1. human anatomical waste; 2.3.2. infectious human waste; 2.3.3. infectious animal waste; 2.3.4. microbiological waste; 2.3.5. blood and body fluid waste; and

1 2.3.6. medical sharps, such as needles, syringes, blades, or other clinical or laboratory materials capable of causing punctures or cuts;

2.4. “City” means the municipal corporation of The City of Lethbridge, and includes the geographical area within the boundaries of The City of Lethbridge where the context so requires;

2.5. “City Manager” means the Person designated by Council as the Chief Administrative Officer of the City or that Person’s designate;

2.6. “Connection” means a pipe or conduit installed between a Premises and the Storm Drainage System for the purpose of draining Storm Drainage from the Premises;

2.7. “Decorative Pond” means an artificial body of water for ornamental purposes but does not include fish ponds;

2.8. “Director” means the Infrastructure Services Director of the City of Lethbridge or his duly authorized agent or representative;

2.9. “Foundation Drainage” means Water collected beneath the surface of the ground by a foundation drain or weeping tile;

2.10. “General Medical Waste” means non-hazardous medical waste and includes, but is not limited to, soiled dressings, sponges, surgery drapes, lavage tubes, casts, catheters, disposable pads, disposable gloves, specimen containers, lab coats and aprons, tubings, filters, towels and disposable sheets, but excludes Biomedical Waste;

2.11. “Hazardous Waste” means waste that is generated from any Premises and has one or more hazardous properties as described in the Environmental Protection and Enhancement Act, Waste Control Regulation (Alta. Reg. 192/96), Schedule 1, as amended or any act passed in replacement of it;

2.12. “Industrial Waste” means waste generated by commercial or industrial activities that presents health, safety or environmental concerns, and includes, but is not limited to, lime, sulfur, asbestos, contaminated soils, empty chemical containers and drums, carbon, acids, caustics, sludge, and industrial sump Water, but excludes Hazardous Waste and Biomedical Waste;

2.13. “Interceptor” means a receptacle approved by the Director and designed to prevent oil, grit and other matter from passing from the source into the Storm Drainage System;

2.14. “Municipal Government Act” means the Municipal Government Act, R.S.A. 2000, chapter M-26, as amended or any act passed in replacement of it;

2.15. “Negative Drainage” means, on a Parcel with a single detached, semidetached or duplex dwelling, the continuous downward slope from the property line to the elevation of finished ground surface at any point immediately adjacent to the building on all sides of the Parcel;

2.16. “Negative Impact” means impairment of or damage to, or the ability to cause impairment of or damage to:

2.16.1. the Storm Drainage System; 2.16.2. human health or safety; 2.16.3. property; or 2.16.4. the environment;

2.17. “Officer” means any Person designated as a Bylaw Enforcement Officer by the City Manager;

2.18. “Parcel” means the aggregate of one or more areas of land described in a certificate of title;

2.19. “Person” means any individual, or any business entity including, but not limited to, a firm, partnership, association, corporation, society or legal entity;

2.20. “Premises” includes lands and buildings or both, or a part thereof;

2.21. “Prohibited Material” means any Substance that may, directly or indirectly, obstruct the flow of Water within the Storm Drainage System or may have a Negative Impact, and includes, but is not limited to:

2.21.1. soil, sediment, waste or other solid matter; 2.21.2. fecal matter, Animal Waste; 2.21.3. cooking oils and greases; 2.21.4. gasoline, motor oil, transmission fluid, and antifreeze; 2.21.5. solvents; 2.21.6. paint; 2.21.7. cement or concrete wastes; 2.21.8. sawdust, wood, fibreboard or construction material; 2.21.9. Yard Waste; 2.21.10. pesticides, herbicides or fertilizers; 2.21.11. Biomedical Waste or General Medical Waste; 2.21.12. Hazardous Waste;

3 2.21.13. Industrial Waste; 2.21.14. soaps or detergents; 2.21.15. Water from hot tubs; and 2.21.16. any Substance or combination of Substances that emits an odor.

2.22. “Provincial Offences Procedure Act” means the Provincial Offences Procedure Act, R.S.A.2000, chapter P-34, as amended or any act passed in replacement of it;

2.23. “Release” has the meaning of “release” as defined in the Environmental Protection and Enhancement Act, R.S.A. 2000, chapter E-12, as amended or any act passed in replacement of it;

2.24. “Remedial Order” means a remedial order written pursuant to Section 545 of the Municipal Government Act.

2.25. “Reserve” means a Parcel designated on its certificate of title as municipal reserve, school reserve, municipal and school reserve, environmental reserve or public utility lot, or a Parcel administered by the City as if it had such reserve designation;

2.26. “Sideyard” means that portion of a Parcel extending from the front yard to the rear yard and between the side property line of the Parcel and the closest side of the principal building;

2.27. “Storm Drainage” means runoff that is the result of precipitation;

2.28. “Storm Drainage System” means the system for collecting, storing and disposing of Storm Drainage, and includes:

2.28.1. the catch basins, sewers and pumping stations that make up the storm drainage collection system, 2.28.2. the storm drainage facilities, structures or things used for storage, management and treatment to buffer the effects of the peak runoff or improve the quality of the storm water, 2.28.3. the sewers and pumping stations that transport storm drainage to the location where it is treated or disposed of, 2.28.4. the storm drainage outfall structures, and 2.28.5. the Surface Drainage Facilities, but 2.28.6. does not include plumbing or service connections in buildings;

2.29. “Street” means any thoroughfare, highway, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway, or other place, whether publicly or privately owned, any part

4 of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles, and includes:

2.29.1. a sidewalk (including the boulevard portion of the sidewalk), 2.29.2. if a ditch lies adjacent to and parallel with the roadway, the ditch, and 2.29.3. if a street is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be.

2.30. “Substance” has the meaning of “substance” as defined by the Environmental Protection and Enhancement Act, R.S.A. 2000, chapter E-12, as amended or any act passed in replacement of it;

2.31. “Surface Drainage Facility” means any facility or facilities associated with drainage or control of Storm Drainage that is ultimately directed to a Street or Storm Drainage System, and includes, but is not limited to:

2.31.1. a grass swale; 2.31.2. a concrete or asphalt walkway, gutter or swale; 2.31.3. a drainage control fence or structure; or 2.31.4. the sloping and contouring of land to facilitate or control Storm Drainage;

2.32. “Water” means all water in any form on or under the surface of the ground;

2.33. “Yard Waste” means waste from gardening or horticultural activities and includes, but is not limited to, grass, leaves, plants, tree and hedge clippings, and sod.

2.34. Each provision of this Bylaw is independent of all other provisions and if any provision is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw remain valid and enforceable.

2.35. Any headings, sub-headings, or tables of contents in this Bylaw are included for guidance purposes and convenience only, and shall not form part of this Bylaw.

2.36. All the schedules attached to this Bylaw shall form a part of this Bylaw.

5 3.00 COMPLIANCE WITH OTHER LAWS

3.1. Nothing in this Bylaw relieves a Person from complying with any provision of any federal or provincial law or regulation, other bylaw or any requirement of any lawful permit, order or licence.

4.00 DISCHARGES TO THE STORM DRAINAGE SYSTEM

4.1. No Person shall Release, or allow to be Released any Prohibited Material into the Storm Drainage System, except as permitted in Subsection 4.2.

4.2. The following may be Released into the Storm Drainage System:

4.2.1. Foundation Drainage; 4.2.2. Water from a portable swimming pool, Decorative Pond or fountain, having a capacity of 3,000 litres or less; 4.2.3. subject to the restrictions in the Water Service Bylaw, Water resulting solely from: 4.2.3.1. irrigating or otherwise watering a lawn, garden and trees or other landscaping; or 4.2.3.2. washing of single-family or semi-detached homes with potable water; 4.2.3.3. water resulting from extinguishing fires; 4.2.4. materials used for snow and ice control; 4.2.5. a discharge to the Storm Drainage System which has been approved in writing by the Director.

5.00 UNAUTHORIZED DISCHARGES

5.1. Any Person who, in contravention of this Bylaw, Releases, or causes or allows any Prohibited Material to be Released into the Storm Drainage System, shall immediately take all reasonable measures to:

5.1.1. notify the 911 emergency telephone number if there is any immediate danger to human health or safety; 5.1.2. notify the Director; 5.1.3. notify any other Person that may be directly affected by the discharge; 5.1.4. mitigate the discharge, including, but not limited to, taking measures to prevent the obstruction of the Storm Drainage System or measures to prevent a Negative Impact; and 5.1.5. cover and clearly mark all hoses used to direct Water to the Storm Drainage System to protect the public from injury.

6 5.2. Nothing in this Section relieves a Person from complying with the requirements of any federal or provincial law or regulation, other bylaw or any requirements of any lawful permit, order, or licence.

6.00 DIRECTING STORM DRAINAGE

6.1. Except where a Parcel has Negative Drainage, no Person shall allow downspouts, eavestroughing, piping or other means of directing Storm Drainage on a Parcel to terminate within 2 metres of:

6.1.1. a Reserve; 6.1.2. a Surface Drainage Facility, except where such Surface Drainage Facility is located in a Sideyard; or 6.1.3. a Street.

6.2. No Person shall directly connect or allow direct connection of downspouts, eavestroughing, piping or other means of directing roof drainage to a foundation drain or weeping tile.

6.3. Except in an emergency, no Person shall direct or pump impounded Water from a parcel to the Storm Drainage System without written consent of the Director.

7.00 RETENTION OF STORM DRAINAGE

7.1. The Director may require the owner or occupant of a Parcel to treat or restrict, impound or otherwise retain Storm Drainage on such Parcel.

7.2. On-site retention is required for all commercial, industrial, institutional and multi-family developments. The volume of on-site storage required will be determined by the Director based on the available capacity downstream of a Connection.

7.3. Any Person who owns or occupies a Parcel on which the Director has directed an Interceptor be located pursuant to Section 7.1 shall:

7.3.1. keep the Interceptor in good working condition at all times; and 7.3.2. service the Interceptor often enough so that it does not become overloaded.

7.4. No Person shall deposit, or cause or allow, any Interceptor residue to be deposited into the Storm Drainage System.

8.00 USE OF STORM DRAINAGE 8.1. Without the written consent of the Director, no Person shall use any Storm Drainage or impounded Storm Drainage in the Storm Drainage

7 System owned or under the control of the City for private or commercial activities including, but not limited to, construction or irrigation purposes.

9.00 INTERFERENCE WITH THE STORM DRAINAGE SYSTEM

9.1. Any Person who owns or occupies a Parcel on which a Surface Drainage Facility is located shall ensure that:

9.1.1. no building or other structure is constructed, erected, placed, or allowed to remain on or over the Surface Drainage Facility; and 9.1.2. the Surface Drainage Facility remains clear of soil, silt, Yard Waste, debris, ice, snow or other matter which may obstruct, restrict or prevent the flow of Storm Drainage within the Surface Drainage Facility or the Storm Drainage System.

9.2. Notwithstanding Subsection 9.1, a fence may be constructed over a Surface Drainage Facility provided there is a vertical clearance over the top of the Surface Drainage Facility of at least 0.15 metres.

10.00 COMPLIANCE WITH INSTRUMENTS REGISTERED ON TITLE

10.1. The owner of a Parcel shall comply with the terms and conditions of any easement, utility right-of-way, caveat, restrictive covenant, or any other document that has been registered on the title of the Parcel to protect a drainage structure, swale, ditch or other Surface Drainage Facility, or the stability of a slope.

11.00 CONNECTIONS

11.1. No Person shall make, alter or remove, or permit the making, alteration or removal of, any Connection to the Storm Drainage System without the written approval of the Director.

11.2. Applications for the installation, alteration or removal of a Connection shall be made in writing to the Director.

11.3. The Director may approve the installation, alteration or removal of a Connection upon such terms and conditions as the Director considers necessary and the payment in advance of the cost or estimated cost of the installation, alteration or removal of the Connection.

11.4. The installation, alteration or removal of a Connection shall be carried out at the expense of the applicant.

8 11.5. No Person shall re-use a Connection that has been discontinued, altered or removed without first obtaining the written consent of the Director.

11.6. Where the use of a Connection is discontinued, the owner of the Premises which was serviced by such Connection shall immediately notify the Director in writing and the owner shall pay to the City, in advance, the cost of disconnection.

12.00 DISCONNECTIONS

12.1. The Director may, in addition to any other remedy available, disconnect or seal off the Parcel from the Storm Drainage System or take such other action as is necessary to prevent a discharge of Storm Drainage from entering the Storm Drainage System where the discharge:

12.1.1. contains a Prohibited Material; 12.1.2. creates an immediate danger to any Person; 12.1.3. interferes with or endangers the operation of the Storm Drainage System; or 12.1.4. may otherwise cause or result in a Negative Impact.

12.2. Where the Director has taken action pursuant to Subsection 12.1, such action may be maintained or continued until evidence satisfactory to the Director has been produced to assure that no further harmful discharge will be made.

12.3. Where the Director has taken action pursuant to Subsection 12.1, the Director may, by notice in writing, advise the owner or occupier of the Premises from which the discharge was emanating, of the cost of taking such action and the owner or occupier shall forthwith reimburse the City for all such costs which were incurred.

13.00 AUTHORITY OF DIRECTOR

13.1. The Director may:

13.2. delegate any or all of the powers granted to the Director pursuant to this Bylaw;

13.3. establish any conditions or requirements of an approval or permit to Release Water to the Storm Drainage System, including, but not limited to:

9 13.3.1. testing, monitoring or reporting requirements; 13.3.2. equipment or equipment maintenance requirements; and 13.3.3. filtration, settling or other treatment requirements;

13.4. order the testing of any discharge to the Storm Drainage System; and

13.5. establish fees for approvals or permits.

13.6. Notwithstanding any other provision in this Bylaw, the Director may establish rates, volumes and locations of discharges, including, but not limited to:

13.6.1. overland flows to a City owned Parcel, including a Reserve; 13.6.2. discharges into a Storm Drainage System; and 13.6.3. discharges to a Street.

14.00 APPROVALS

14.1. A Person to whom a written approval has been issued pursuant to this Bylaw shall ensure every provision and condition of that approval is complied with.

14.2. Every Person who relies on a written approval issued pursuant to this Bylaw has the onus of proving that they were the holder of a valid and subsisting approval.

15.00 INSPECTIONS

15.1. Subject to the entry notice provisions of the Municipal Government Act, a designated officer of the City, bearing proper identification, may inspect, observe, measure, sample and test the Water or Storm Drainage on any Premises in order to determine whether or not this Bylaw or an approval granted pursuant to this Bylaw is being complied with.

16.00 REMEDIAL ORDERS

16.1. Where an Officer who is also a designated officer believes a Person has contravened any provision of this Bylaw, he may issue to the Person a Remedial Order, pursuant to Section 545 of the Municipal Government, to remedy the infraction.

16.2. Every Remedial Order written with respect to this bylaw must:

16.2.1. indicate the Person to whom it is directed;

10 16.2.2. identify the property to which the Remedial Order relates by municipal address or legal description; 16.2.3. identify the date that it is issued; 16.2.4. identify how the Premises fails to comply with this Bylaw; 16.2.5. identify the specific provisions of the Bylaw the Premises contravenes; 16.2.6. identify the nature of the remedial action required to be taken to bring the Premises into compliance; 16.2.7. identify the time within which the remedial action must be completed; 16.2.8. indicate that if the required remedial action is not completed within the time specified, the City may take whatever action or measures are necessary to remedy the contravention; 16.2.9. indicate that the expenses and costs of any action or measures taken by the City under this Section are an amount owing to the City by the Person to whom to order is directed; 16.2.10. indicate that the expenses and costs referred to in this Section may be attached to the tax roll of the property if such costs are not paid by a specified time; 16.2.11. indicate that an appeal lies from the Remedial Order to the City Council, if a notice of appeal is filed in writing with the City Clerk within fourteen days of the receipt of the Remedial Order.

16.3. A Remedial Order written pursuant to this Bylaw may be served personally upon the owner of the Premises to which it relates, or it may be left with a Person apparently over the age of 18 years at the Premises.

16.4. If, in the opinion of an Officer, service of the Remedial Order cannot be reasonably affected, or if the Officer believes that the owner of the Premises is evading service, the Officer may post the Remedial Order in a conspicuous place on the Premises to which the Remedial Order relates, or on the private dwelling place of the owner of the Premises, as registered at the Land Titles Office or on the municipal tax roll for the Premises, and the Remedial Order shall be deemed to be served upon the expiry of three (3) days after the Remedial Order is posted.

16.5. Every Person who fails to comply with a Remedial Order issued pursuant to this Bylaw within the time set out in the Remedial Order commits an offence.

17.00 INTERFERENCE WITH CITY FORCES

17.1. No Person shall hinder, interrupt or cause to be hindered any employee of the City or its contractors, servants and agents or

11 workers, in the exercise of the powers or duties as authorized or required in this Bylaw.

18.00 OFFENCES AND PENALTIES

18.1. Any Person who contravenes any provision of this Bylaw by: doing any act or thing which the Person is prohibited from doing; or failing to do any act or thing the Person is required to do is guilty of an offence and any offence created pursuant to this Bylaw is a strict liability offence for the purposes of prosecution under this Bylaw.

18.2. Any Person who is convicted of an offence pursuant to this Bylaw is liable for every day or part thereof upon which such offence occurs or continues, on summary conviction to a fine not exceeding $10,000 or imprisonment for not more than one year, or both, and in default of payment of any fine imposed, to imprisonment for a term not exceeding one (1) year.

18.3. Where an Officer believes that a Person has contravened any provision of this Bylaw, the Officer may, in addition to any other remedy at law, serve upon the Person a violation ticket, in the form provided under the Provincial Offences Procedure Act.

18.4. Where there is a specified penalty listed for an offence in Schedule “A” to this Bylaw, that amount is the specified penalty for the offence.

18.5. Where there is a minimum penalty listed for an offence in Schedule “A” to this Bylaw, that amount is the minimum penalty for the offence.

18.6. Notwithstanding specified and minimum penalties set out in Schedule ` “A” to this Bylaw:

18.6.1. where a Person contravenes the same provision of this Bylaw twice within one twelve month period, the specified penalty payable in respect of the second contravention shall be double the amount of the specified penalty for a first offence; 18.6.2. where a Person is convicted of the same provision of this Bylaw twice within one twelve month period, the minimum penalty for the second conviction shall be twice the amount of the minimum penalty for a first offence; 18.6.3. where a Person contravenes the same provision of this Bylaw three or more times within one twelve month period, the specified penalty payable in respect of the third and

12 subsequent contraventions shall be triple the amount of the specified penalty for a first offence; and 18.6.4. where a Person is convicted of the same provision of this Bylaw three or more times within one twelve month period, the minimum penalty for the third and subsequent convictions shall be triple the amount of the minimum penalty for a first offence.

18.7. This Section shall not prevent any Officer from issuing a violation ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedure Act.

18.8. The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a Person from the necessity of paying any fees, charges or costs from which that Person is liable under the provisions of this Bylaw or any other bylaw.

19.00 COMMENCEMENT

19.1. This Bylaw will come into full force and effect on the date of final passing thereof.

READ A FIRST TIME THIS ______day of ______, A.D., 2009

______MAYOR CITY CLERK

READ A SECOND TIME THIS ______day of ______, A.D., 2009

______MAYOR CITY CLERK

READ A THIRD TIME THIS ______day of ______, A.D., 2009

______MAYOR CITY CLERK

SCHEDULE “A”

SPECIFIED AND MINIMUM PENALTIES

SECTION OFFENCE MINIMUM SPECIFIED PENALTY PENALTY 1st offence 1st offence 4.1 Release a Prohibited Material $500 $3000 4.2.2 Discharge exceeding 3000 L $75 $500 5.1.1, 2 & 3 Fail to notify of discharge $75 $500 5.1.4 Fail to mitigate prohibited discharge $500 $3000 5.1.5 Fail to cover or clearly mark hoses $75 $200 6.1 Allow termination within 2m $75 $300 6.2 Connect directly to foundation drain or $75 $500 weeping tile 6.3 Pump/Direct water from a Parcel $500 $1500 7.3 Fail to maintain Interceptor $500 $1500 7.4 Deposit Interceptor residue $500 $3000 8.1 Unauthorized use of Storm Drainage $500 $1000 9.1.1 Allow structure on or over a Surface $500 $1500 Drainage Facility 9.1.2 Fail to ensure Surface Drainage Facility $500 $1500 remains clear of debris 9.2 Insufficient clearance over a Surface $500 $1500 Drainage Facility 11.1 Unauthorized Connection to Storm $500 $1500 Drainage System 11.5 Unauthorized re-use of Connection $500 $1500 11.6 Failure to notify Director of discontinuation $75 $300 14.1 Violate approval or condition of approval $500 $1500 16.5 Fail to comply with Remedial Order $250 $500 17.1 Hindering authorized City employee $500 $1000

14 Office of: City Solicitor June 12, 2009

For Submission to City Council Meeting of June 29, 2009

His Worship the Mayor and Members of City Council

RE: Bylaw 5597 Amendment to the Lethbridge Traffic Bylaw 3499

Attached hereto for Council’s consideration and three reading is Bylaw 5597 to amend the existing Lethbridge Traffic Bylaw. The purpose of this Bylaw is to propose a speed limit change based on an assessment of the University Drive corridor and discussions with Alberta Transportation.

Douglas s. Hudson, Q.C. City Solicitor

BYLAW 5597 ------

A BYLAW OF THE CITY OF LETHBRIDGE TO AMEND BYLAW 3499 THE LETHBRIDGE TRAFFIC BYLAW OF THE CITY OF LETHBRIDGE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:

1. Bylaw 3499 – the Lethbridge Traffic Bylaw of the City of Lethbridge is hereby amended.

2. Bylaw 3499 is hereby amended by deleting the present Section 201 (6):

“201 (6) 100 Kilometres per hour: (a) University Drive northbound from 50 metres north of Bridge Drive to the north city limit. University Drive southbound from the north city limit to 300 metres north of Bridge Drive.”

3. Bylaw 3499 is hereby amended by deleting the present Section 201 (4):

“201 (4) 80 Kilometres per hour: (a) University Drive northbound from 50 metres north of Walsh Drive to 50 metres north of Bridge Drive. University Drive southbound from 300 metres north of Bridge Drive to 150 metres north of Walsh Drive.”

And inserting the following:

201 (4) 80 Kilometres per hour: (a) University Drive northbound from 50 metres north of Walsh Drive West to the north city limit. University Drive southbound from the north city limit to

150 metres north of Walsh Drive West.

4. This Bylaw shall come into effect on the date of final passage thereof.

READ A FIRST TIME this ______day of ______, A.D. 2009

______MAYOR CITY CLERK

READ A SECOND TIME this ______day of ______, A.D. 2009

______MAYOR CITY CLERK

READ A THIRD TIME this ______day of ______, A.D. 2009

______MAYOR CITY CLERK

Moved by: M.A. SIMMONS

Mayor R.D. Tarleck

OFFICIAL BUSINESS

COMMITTEE APPOINTMENTS

545-D

BE IT RESOLVED THAT the appointment of Alderman Parker to the Lethbridge and District Exhibition Board for the period June 24 to July 31, 2009 and

Alderman Wickersham for the period August 1 to August 12, 2009, be approved. FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

Estimated Council Date Page Item Responsibility Status Completion Date

To ensure capsules are removed and contents distributed and capsules refilled September 2009, 2034, 2059 and March 7/05 89 City Clerk for the next period (no time capsules from 2084 2006 Centennial)

Jan. 9/06 10 Purchase of land in Fairmont Park City Solicitor May 1/08 1/2 to be conveyed to Medican

Land swap with Elim Society for Jan. 8/07 11 acquisition of land for road right-of-way for City Solicitor June, 2009 Documents at Land Titles the future North Scenic Drive

Review request to incorporate water May 26/08 218 Water Conservation Request Ad Hoc Committee June, 2009 conservation measures as part of Environment Plan & Policy Initiative Airport Governances and Potential Identify options and make June 23/08 266 Ad Hoc Committee June, 2009 Partnership recommendations to City Council

Lethbridge College Residence March 9/09 105 City Solicitor April 30/09 Debenture to be prepared Development Project

July 7/08; Sale of neighborhood commercial land in 106 City Solicitor March 31/10 Closing date extended to March 31/10 March 9/09 Sunridge (Howler Developments Ltd.)

Mayor & City Clerk to execute March 23/09 137 SHIA Funding Agreements Mayor April 30/09 appropriate funding agreements April 6/09 159 Land Sale - Water Tower Site City Solicitor May 19/09 Execute related agreements Land Sale - 820/830 - 7 St. N. to April 6/09 161 Lethbridge Native Women's Transition City Solicitor June 15/09 Sent to lawyer for N.W.T.H.S. Home Society Approval of the Heritage Advisory City Clerk to send "Notice of Intent to Committee's recommendation that the May 19/09 210 City Clerk August 10/09 Designate" to the owner of the Acadia Acadia Block be designated as a Block (614-3 Ave. S.) Municipal Historic Resource

Mayor, City Council, City Clerk and City Solicitor 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - MAYOR, CITY COUNCIL, CITY CLERK & CITY SOLICITOR

Estimated Council Date Page Item Responsibility Status Completion Date

Approval of the Heritage Advisory City Clerk to send "Notice of Intent to Committee's recommendation that the Designate" to the owner of the David May 19/09 211 David James Whitney House be City Clerk August 10/09 James Whitney House (3202-28 St. designated as a Municipal Historic S.) Resource

Approval of the Heritage Advisory City Clerk to send "Notice of Intent to Committee's recommendation that the May 19/09 211 City Clerk August 10/09 Designate" to the owner of the Hick- Hick-Sehl Building be designated as a Sehl Building (618-3 Ave. S.) Municipal Historic Resource

Approve agreement between Alberta Health Services & the City of Lethbridge Mayor & City Clerk to sign the June 1/09 237 to provide interim service for ambulance Mayor & City Clerk June 15/09 agreement dispatching to the City & surrounding communities Issue Notice in Form B; schedule June 15/09 254 Unsightly Premises - 1910 - 4 Ave. N. City Clerk July 13/09 hearing for July 13/09 Issue Notice in Form B; schedule June 15/09 254 Unsightly Premises - 237 - 14 St.N. City Clerk July 13/09 hearing for July 13/09 Issue Notice in Form B; schedule June 15/09 255 Unsightly Premises - 320 - 13 St. N. City Clerk July 13/09 hearing for July 13/09

Contract for facility maintenance agreements for 2009-2011 for: 1) Lethbridge Southwest Little League Baseball; June 15/09 258 2) Little League Alberta District 1 Mayor & City Clerk June 29/09 Execute agreements Foundation; 3) Lethbridge North Little League Baseball; 4) Prairie Baseball Academy Society

County of Lethbridge - sub-agreement for Execute sub-agreement with County June 15/09 257 Mayor & City Clerk July 31/09 Airport of Entry Status of Lethbridge

Mayor, City Council, City Clerk and City Solicitor 2 Revised 6/25/2009 FOLLOW UP ACTION LIST - CITY MANAGER Estimated Council Date Page Item Responsibility Status Completion Date

City Manager 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - COMMUNITY SERVICES Estimated Council Date Page Item Responsibility Status Completion Date Facility Lease Agreement for the Bill Manager of Recreation, City Solicitor is reviewing the final April 28/08 177 June 29/09 Kergan Centre Parks & Culture draft

Administration to complete a comprehensive review of the Civic Lethbridge Curling Club's request for a Director of Community Sports Field/LSCO/YMCA/City March 23/09 131 comprehensive planning review of the May 1/10 Services Hall/Civic Ice Arena area, and report Civic Sportsfield back to City Council during 2011-20 CIP Discussions

Canada Games Council request for City to hold a "Passing the Torch" Director of Community May 4/09 189 support for the Canada Summer Games August 15/09 legacy event at the ENMAX Centre in Services in Prince Edward Island August, prior to the start of the Games

Community Services 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - CORPORATE SERVICES Estimated Council Date Page Item Responsibility Status Completion Date Provide $20,391 in-kind services for Request for support for the Lethbridge 2009 with $12,500 provided in the May 19/09 205 City Treasurer July 1/09 International Airshow (July 25 & 26) budget & the additional funded from contingencies

Establish a budget of $500,000 Request from Real Estate & Land funded from the Affordable Housing Development to develop eight affordable May 19/09 218 City Treasurer July 1/09 Fund, with any proceeds from the sale housing lots at the intersection of Temple of these lots credited back to the Blvd. W. and Metis Trail W. Affordable Housing Fund

Provide $494,555 from the Community Capital Grant budget and Approval of applications for the 2009 June 1/09 238 City Treasurer July 1/09 $300,508 one time allocation from Community Capital Grant Program GST rebates (and adjust budget sheets accordingly)

Increase annual budget for the City's cost of providing border services at the June 15/09 257 City Treasurer August 1/09 Provide funding from contingencies Lethbridge Country Airport to $132,200 for 2009 through 2011

Corporate Services 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - INFRASTRUCTURE SERVICES Estimated Council Date Page Item Responsibility Status Completion Date Bicycle corridors and bicycle/pedestrian Oct. 1/07 433 Transportation Manager Dec. 14/09 Update Bicycling Bylaw 3515 corridors Complete evaluation of river crossing locations; Request Province of April 28/08 185 Circulation Roadways Planning Study Transportation Manager September, 2009 Alberta to amend Special Basic Capital Grant Review request to incorporate water Water Conservation Request & May 26/08 218 Ad Hoc Committee June 29/09 conservation measures as part of Environmental Plan/Policy Environment Plan & Policy Initiative Vehicle Energy Efficiencies re: V4/V6 Review and report back to City June 9/08 240 Fleet Services Manager Dec. 14/09 Engines versus V8 Council Undertake an evaluation and rebuild Land Development System Evaluation Urban Construction July 7/08 286 Dec. 14/09 of system for reviewing and approving and Rebuild (LaSER) Manager new land developments Pilot project to evaluate waste collection Waste & Recycling Administration to report results to City Feb. 23/09 70 July 27/09 methods in the Downtown Core Manager Council Canadian Paraplegic Association (parking Administration to report to City Feb. 23/09 77 in the downtown core for those with Transportation Manager Sept. 21/09 Council on the feasibility of physical disabilities) implementing the solutions

Review operating practices and procedures with the intention of improving the speed of snow removal, Feb. 23/09 72 Snow and ice removal operations Transportation Manager Oct. 5/09 keeping the costs to a minimum and maintaining the level of service within the current snow removal policy -- and report back to City Council.

Administration to review the feasibility Waste & Recycling of a Curb Side Chipping Program and March 9/09 97 Curb Side Chipping Program March 1/10 Manager provide a recommendation to City Council

Infrastructure Services 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - INFRASTRUCTURE SERVICES Estimated Council Date Page Item Responsibility Status Completion Date Administration to prepare a progress report and presentation for City Protective Plumbing Program, and storm G.M., Water, Wastewater Council on the progress of the LPPP March 9/09 100 Sept. 21/09 and sanitary sewer system improvements & Storm Water and potential improvements to those areas which experienced overland flooding. Lethbridge Astronomy Society - Director of Infrastructure Refer to Environment Committee to June 15/09 251 designating Popson Park as an "Urban Oct. 31/09 Services review and report back to Council Dark Sky Preserve"

Infrastructure Services 2 Revised 6/25/2009 FOLLOW UP ACTION LIST - PLANNING & DEVELOPMENT Estimated Council Date Page Item Responsibility Status Completion Date

The Environmental Policy Council Strategic Initiative will begin in 2009. Water conservation will be a component of this initiative and it is Director of Planning & Jan. 22/07 23 Sustainable Water Use Practices 2010 recommended that implementation of Development any water conservation measures be part of the implementation plan that will be developed from the Environmental Policy Program

Downtown Revitalization Consider incorporating a memorial to May 14/07 196 Worldwide Day Recognizing Labour Dec. 31/2010 Manager miners in downtown gateways Develop options and budget Central Neighbourhood Issues Senior Community June 23/08 262 Fall, 2009 implications and report back to City Identification Study Planner Council Proceed with a Land Use Bylaw Senior Community Nov. 10/08 445 Micro Wind Turbines Spring, 2009 amendment to establish a definition Planner and standards for wind generation

Corporate Initiatives 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - BYLAWS Estimated Council Date Page Responsibility Status Completion Date Designation Bylaw to be prepared for the Bylaw to be prepared - after the 60 May 19/09 210 City Solicitor July 27/09 Acadia Block (614-3 Ave. S.) days notice has passed

Designation Bylaw to be prepared for the Bylaw to be prepared - after the 60 May 19/09 211 David James Whitney House (3202-28 St. City Solicitor July 27/09 days notice has passed S.) Designation Bylaw to be prepared for the Bylaw to be prepared - after the 60 May 19/09 211 City Solicitor July 27/09 Hick-Sehl Building (618-3 Ave. S.) days notice has passed

Bylaws 1 Revised 6/25/2009 FOLLOW-UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS Estimated Council Date Page Item Responsibility Status Completion Date SS S-08-80; Visitor Information Services Sept. 29/08 392 City Solicitor Oct. 31/08 Awaiting return from CCTA (Chinook Country Tourist Association) E-08-11; Amendment - Design Bowron Dec. 8/08 506 Substation 674S Capacity Upgrade (GP City Solicitor Jan. 15/09 Contract to be amended Technologies Ltd.) E-09-03; Sole Source; Bowron Substation Jan. 26/09 36 Capacity Upgrade (Rising Edge City Solicitor Feb. 23/09 Contract sent for execution Technologies Ltd.)

EQ-09-32; Sole Source - Henderson Lake

April 20/09 170 Water Quality Mitigation (H20 Logics, City Solicitor June 6/09 Contract to be executed Sherwood Park) S-09-30; Sole Source - Henderson Lake Water Quality Mitigation - Liquid Live April 20/09 170 City Solicitor June 6/09 Contract to be executed Micro-Organisms (Advanced Water Technologies, Taber) SC-09-09; Asphalt Supply (Tollestrup April 20/09 176 City Solicitor June 6/09 Contract to be executed Construction Inc.)

S-09-38; Sole Source - Cogeneration May 4/09 193 System Power Export Implementation City Solicitor June 30/09 Awaiting return from Rising Edge (Rising Edge Engineering Ltd., Calgary)

C-09-08; Firehall Renovation, 5th Ave. N. May 18/09 212 City Solicitor June 15/09 Awaiting return from Dawson Wallace (Dawson Wallace Construction, Calgary)

E-05-20; Electrical Meter Management May 18/09 212 Services - final 3-year option (Itron City Solicitor June 29/09 Awaiting return Canada, Mission, B.C.) C-09-19; ENMAX Renovations: Contract to be executed contingent Demolition, Foundations, Earthwork, May 18/09 213 City Solicitor June 29/09 upon approval of funding under the Concrete (Ward Bros. Construction Ltd., MSI Grant Program Lethbridge)

Tenders and RFP's 1 Revised 6/25/2009 FOLLOW-UP ACTION LIST - TENDERS & REQUESTS FOR PROPOSALS Estimated Council Date Page Item Responsibility Status Completion Date

S-09-41; University Drive Improvements, June 1/09 232 Roadway Design & Construction Services City Solicitor June 29/09 Awaiting return (Associated Engineering Ltd.)

S-09-09; University Drive Improvements, June 1/09 232 Roadway Design & Construction Services City Solicitor June 29/09 Awaiting return from Stantec (Stantec Consulting Ltd.) S-06-01; Quality Control & Assurance June 1/09 233 Testing - 3-year extension (AMEC Earth & City Solicitor June 29/09 Awaiting return from AMEC Environmental Ltd.) C-09-17; Pre-Engineered Sanitation June 15/09 259 Vehicle Storage Building (Clark Builders City Solicitor July 27/09 Contract to be executed of Calgary)

Tenders and RFP's 2 Revised 6/25/2009 FOLLOW UP ACTION LIST - FINANCE COMMITTEE Estimated Council Date Page Item Responsibility Status Completion Date

Allocate $342,369 from MRSR for capital expansion - credit MRSR with March 19/07 96 Galt Museum Expansion Project City Treasurer Dec. 31, 2011 Museum operating surpluses through 2008 and naming funds through 2011 (reduced to $169,316 in 2008)

Finance Committee 1 Revised 6/25/2009 FOLLOW UP ACTION LIST - COMPLETED ITEMS Estimated Council Date Page Item Responsibility Status Completion Date

Completed 1 Revised 6/25/2009