BANFF – The boss of Banff National Park is holding the line that commercialization of public space in Banff’s seasonal downtown pedestrian zone with sidewalk restaurant patios won’t be supported by Parks Canada – but the Town of Banff is pushing back.
Sal Rasheed, superintendent of Banff National Park, met with Banff Mayor Corrie DiManno and Town Manager Kelly Gibson Thursday (Jan. 11) to go over the controversial issue, with another meeting to be scheduled with all of council immediately before budget discussions resume Jan. 17.
Rasheed said Parks is not against the pedestrian zone, but the main concern is the proposed expansion of commercial restaurants onto public sidewalks and roads in line with commercial development rules in place since the 1990s.
“The pedestrian zone and the people walking, people enjoying all that the pedestrian zone has to offer is not the issue that Parks has taken,” said Rasheed in an interview with the Outlook.
“In this particular case, we’re talking about commercial development in a zone that does not really facilitate commercial development, it’s public space, and that’s really the heart of the matter.”
Parks Canada has ultimate authority over all land use decisions in the national park townsite.
However, DiManno said the superintendent clarified during her Thursday meeting with him that his 11th hour letter to council on the matter was a suggestion, not direction.
DiManno said the conversation with Rasheed was productive and she is hopeful a way forward can be found.
“Patios are a component on the pedestrian zone so we’re in solution-seeking mode if we are not able to proceed with patios,” she said.
“However, the Town of Banff continues to believe our position is strong and we still have questions that need to be resolved before we would change course on the pedestrian zone as we know it.”
DiManno said council wants to know which specific laws patios on Banff Avenue contravene, which sections of the Banff Park Management Plan apply to patios, and would patios on other streets – such as Bear, Caribou and Wolf streets – also be included in the ban.
“Why is a temporary patio in the pedestrian zone considered a part of the commercial growth cap, but not a patio that has been built on the rooftop of a restaurant?” she said.
DiManno said the Canada National Parks Act calculated the commercial growth cap based on measuring the four walls and roof on every commercial building in Banff, which is why rooftop patios have not been counted as commercial space.
“So again, why are temporary patios that are only deployed in the summer now considered commercial space?” she said.
In his interview with the Outlook, Rasheed said Parks Canada’s position is based on schedule 4 of the Canada National Parks Act, where commercial zones and limits for the national park townsite are fixed in law.
He said there has been a concerted effort in the management plan to define commercial development and “commit to maintaining the long-standing public spaces that are appreciated by Banff residents.”
“We’re certainly not suggesting a ban an on all commercial development or restaurant patios, but Parks Canada has a very consistent, long-standing approach to managing commercial development,” said Rasheed.
“All commercial operators have agreements, licenses and established boundaries under which they operate, and we take a lot of time and patience to make sure we try to treat every lessee fairly under the specific terms and conditions of their agreement,” he added.
“Every agreement is different, and the agreement for a small business in the Town of Banff is probably different than an agreement for the Banff Springs Hotel, for example, so comparing every one equally is akin to comparing apples and oranges.”
In 2020, the pedestrian zone was created in response to the COVID-19 pandemic to give space for pedestrians to social distance, and also allow for businesses to use public space in order to offset financial impacts from public health measures.
The downtown pedestrian zone, which can see as many as 30,000 pedestrians on a busy summer day, continued as a pilot to support economic recovery and boost visitation in 2022 and 2023 post-pandemic.
A survey by Banff and Lake Louise Tourism indicates two-thirds of Banff's businesses support the pedestrian zone, while one third does not. Those businesses in opposition are primarily concerned the outdoor restaurant patios provide an unfair playing field.
Rasheed said allowing commercial restaurant seating outdoors on public land in order to support business viability and safe, social distancing practices was a “reasonable response to unprecedented events taking place globally.”
“As we return to regular business, the proposed permanent and ongoing expansion of commercial activities in public space is no longer supported and is contrary to the laws which ensure this special place is protected,” he said.
“All other aspects of the Town's pedestrian proposal, including public seating and publicly accessible tables are within relevant requirements and will be supported by Parks Canada if passed by council.”
DiManno said she doesn’t understand why Parks Canada continues to frame patios as a COVID-19 measure.
“The Town of Banff has had patios on public streets since 2010 and on private property for decades,” she said.
This latest drama between the Town of Banff and Parks Canada unfolded when Rasheed sent an 11th hour letter to town council a day ahead of council’s Jan. 10 budget meeting, when funds for next summer’s pedestrian zone were to be allocated.
In 1998, when there were concerns about rampant development impacting the surrounding national park environment, the federal government capped the amount of commercial development at an additional 350,000-square-feet over what existed then.
DiManno also publicly raised what would happen if council proceeds with sidewalk restaurant patios as part the pedestrian zone if the Town of Banff has a differing perspective than Parks Canada.
Rasheed didn’t answer that when questioned by the Outlook.
“I'm, you know, not prepared to go there,” he said.
“My letter simply was 'let’s continue on with our conversations' so that we can come to mutually aligned values.”
DiManno said she hopes council gets clear answers at the early morning meeting with Rasheed on Jan. 17 immediately ahead of the resumption of budget deliberations, when the pedestrian zone and any necessary dollars needed will be be discussed.
She said they will continue to discuss the superintendent’s concerns so council can learn how this affects patios on Banff Avenue and other areas.
“We need to be able to explain to residents and businesses equitable application of regulations,” she said.
“It’s my hope our questions can be answered at this time, because I believe patios add vibrancy and character to Banff.”
