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NDP charge Jumbo building in avalanche path
The Official Opposition B.C. NDP went on the offensive in terms of the Jumbo Glacier Resort (JGR) battle Nov. 4.
A Question Period charge of Environment Minister Mary Polak stemmed from information received from Panorama-based company RK Heli-Ski, which outlines how JGR has located the foundations of a building in a Class 4 avalanche path.
The exchange began when Opposition Leader John Horgan asked Polak if the provincial government was withdrawing its Environmental Assessment Certificate for JGR due to a failure to meet conditions of the certificate. The resort proponents had until Oct. 12 to meet a large list of certificate requirements or face losing the right to develop in the high alpine valley 55 km west of Invermere.
The following is the debate/exchange as recorded in Hansard, with Columbia River-Revelstoke MLA Norm Macdonald and Nelson-Creston MLA Michelle Mungall joining the NDP leader in the attack.
JUMBO GLACIER RESORT PROPOSAL ENVIRONMENTAL ASSESSMENT PROCESS AND SITING OF LODGE
John Horgan: When projects are approved through the environmental assessment process, they usually are approved with conditions. If a project doesn’t meet those conditions, approval is often withdrawn. Proponents at the Jumbo Glacier Resort have consistently been unwilling or unable to meet the conditions of their application through the environmental assessment process and the requirements of their certificate.
My question is to the Minister of Environment. Has she withdrawn their certificate?
Hon. Mary Polak: The member will likely be aware that I visited, together with compliance and enforcement staff, the Jumbo Glacier Resort proposed site, viewed the progress that they had made in order to add to the information that I have for the decision I will ultimately need to make. The member will also likely be aware that we are required to provide an opportunity for the First Nation to comment on the potential decision that will be made. We are working with Ktunaxa on that consultation, and I will render a decision shortly after that.
Madame Speaker: The Leader of the Official Opposition on a supplemental.
Horgan: Well, thank you, Hon. Speaker, and I thank the minister for her answer.
The Jumbo Glacier Resort specifically committed to ensure that their residential and commercial structures were located completely outside avalanche zones. The Minister of Energy knows about avalanches. He said not that long ago that there are 10,000 to 15,000 avalanches a year in British Columbia.
Yet the Jumbo Glacier Resort has put the only foundation that they’ve been able to pour to this point in time, their day lodge, right in a Class 4 avalanche zone. For the minister’s edification, a Class 4 avalanche zone is really, really bad. In fact, it says: “A class 4 could destroy a railway car, large truck, several buildings and forests up to four hectares.” It’s a big deal.
Again, my question. This is to the Minister of Environment. Seeing that the only place that Jumbo has put any construction is in a class 4 avalanche zone, will she now withdraw the permit?
Hon. M. Polak: I’m sure the member knows that as a statutory decision-maker, it would be inappropriate for me to comment with respect to the details of any kind of analysis that I have undertaken in supporting my position up to this point and the ultimate decision that I will make. But it is very important that we allow the process to unfold, that we allow First Nations to respond appropriately, provide us with that information. That is made even more important in the ensuing time since the decision on the Tulsequah Chief mine, which was also about substantially started.
Madame Speaker: The Leader of the Opposition on a further supplemental.
Horgan: I’m pleased to see that the minister now believes that process is important. Just in April of this year, by order-in-council, she exempted ski hills from the environmental assessment process, and it was only after First Nations resisted that that she backtracked. So I’m glad to see she’s on process now.
Again, I want to go back to the footings and the foundation that was laid in a Class 4 avalanche zone for the Jumbo Glacier Resort. The last time an avalanche went through there in 2012, there wasn’t significant damage — but in 2009, 10,000 tonnes of snow travelling at 320 kilometres an hour. I’m fairly confident the minister will agree with me — not a good place to put a day lodge, probably not a good place to put a resort.
In light of the evidence that the first construction process that Jumbo has engaged in has potentially put people at risk, surely the minister understands the importance of this, and she’ll withdraw any prospect of a permanent application on this site.
Hon. M. Polak: I know that the member has a tremendous past experience working in a government position and well understands the role of a statutory decision-maker. The deadline of October 12 for the project to be substantially started was investigated by myself, along with compliance and enforcement officers. We will review that information, as is appropriate; we will take submissions from the First Nation, as is appropriate; and I will render the decision. But it would be completely inappropriate for me to comment on any of the details of that at this stage of the process.
If the members think that I should abandon the role of statutory decision-maker for some kind of ad hoc decision-making process, they should say so. But it would be inappropriate for me to comment on the details of it.
Norm Macdonald: What the Leader of the Opposition said…. I’ll just restate. The process that the minister now says she’s committed to is the same process you tried to eliminate six months ago, and you remember standing here and apologizing for that. You didn’t look happy that day, but that’s our starting point, right? Okay.
R.K. Heli-Ski told the minister the new location for the day lodge is sitting in a Class 4 avalanche path. They provided pictures to the minister showing the new site hit by a slide with speeds of over 300 kilometres per hour. As the Leader of the Opposition said, class 4 is 10,000 tonnes. The certificate is ten years old. It ran out on October 12, two weeks before the date Jumbo Glacier Resort poured a pad of concrete, claiming it is the foundations of a day lodge.
It’s in the wrong place, and it is in an avalanche path. So what’s going on, Minister? What’s going on?
Hon. M. Polak: I thank the member for his submission. I look forward to the submission from the Ktunaxa, and then I will render a decision appropriately.
Madame Speaker: Columbia River–Revelstoke on a supplemental.
Macdonald: The minister had staff up there. The new lodge site is not where it’s supposed to be. It was moved. It is now in the path of a Class 4 avalanche path. It contravenes condition 36, which is clear, and it defies common sense, frankly, right?
The minister has cited Jumbo Glacier Resort for three other infractions, and the Ktunaxa have pointed out another seven infractions. Is it possible that the minister believes that a slab of concrete in the wrong place, which happens to be an avalanche path, represents the substantial start of a billion-dollar resort? Is that credible?
Hon. M. Polak: As a statutory decision-maker, it would be absolutely inappropriate for me to make comments with respect to those submissions from the member opposite. If the member would like to have a briefing with respect to the appropriate role of statutory decision-makers, I can arrange that for him.
JUMBO GLACIER RESORT PROPOSAL AND CONSULTATION WITH KTUNAXA NATION
Michelle Mungall: Not only has Jumbo Glacier Resort failed to meet the requirement to build outside of avalanche zones; they have also failed to meet the first condition required of them. That is to consult respectfully with First Nations.
When responding to the Ktunaxa Qat’muk declaration, which is the nation’s public declaration that Jumbo is a sacred place for them and a part of their spiritual practice, Jumbo Glacier Resort mocked and ridiculed the Ktunaxa. They set up a website with the bold heading “Qat’muk declaration not credible,” and it goes on to ridicule the nation for speaking out.
Mocking the Ktunaxa is not respectful. Does the minister agree?
Hon. M. Polak: I understand the member’s concern for the Ktunaxa and the fact that their voice in this process needs to be heard. That is precisely why I await their submission as it leads up to my final decision.
Madame Speaker: The member for Nelson-Creston on a supplemental.
Mungall: Well, four years ago Kathryn Teneese, the chair of the Ktunaxa Nation council, was in the Legislature to tell her nation’s story. She explained that after generations of Ktunaxa being put through residential schools where they were disciplined for speaking their own language and sharing their spiritual beliefs, it took incredible courage to make public their spiritual connection with Qat’muk.
“Unfortunate and unacceptable” was the response from Jumbo Glacier Resort. The ridicule and mockery was all too familiar for the Ktunaxa.
Again, to the Environment Minister: if she doesn’t consider this acceptable, how can she do anything but not support this unreasonable resort?
Hon. M. Polak: Well, once again, the inconsistency on the other side rears its head once more. While on one hand we have a member who advocates that I make the decision about this resort here on the floor of this Legislature without taking the time to hear a submission from the Ktunaxa, we then have a member who outlines her concern for the Ktunaxa’s position and the very important role that they play in leading up to such an important decision. But that inconsistency on this project is not new.
I quote from a previous NDP Premier. This was written to the Jumbo Resort proponents. “I hope that you will be able to proceed on this project and that one day we may see this international venture realized. May I wish you good luck with the further formal assessment and review of your project” — former NDP Premier Mike Harcourt.
Lead image: Foundation to a building at the Jumbo Resort village site. RK Heli-Ski image
Ian Cobb/e-KNOW
