Future Of Ski Trails

Update - March 2, 2010

The ski club board and Land Tenure Committee are very pleased with the draft Official Community Plan as presented by the City planning department on February 10.

Whitehorse Cross Country Ski Club (WCCSC) position on new city OCP

The city of Whitehorse released its new draft Official Community Plan (OCP) last week. The ski club is delighted with the proposal for a new non-motorized city park/recreation area comprising most of our trail network (all but privately owned lands at the north and south ends). Intended to offer stronger long term protection for the Mt. McIntyre Recreation Area as well as McIntyre Creek, this proposal (#38, 39 and 40) is deserving of member support.

Also very positive, is the city's tentative proposal (#2) to ask Yukon Government to place a moratorium on future mineral staking within city limits. WCCSC will urge the city to move forward with this proposal (ie: change "may" to "will").

One item that needs clarification is proposal #49.  ATCO is the private landowner of Block 49 and 50 and they have asked the city to redesignate the private land to it's orginal  designation as Rural/Non Designated. City planners changed the designation to Recreational in the previous OCP without consulting the owner.  So, now ATCO is working with the city to designate the land according to their preference. The city has suggested "country residential'  as a more appropriate designation.

The ski club's  Pierre Harvey trail and a portion of the World Cup 10K cross ATCO land (Block 49 and 50).  The club has an agreement in place with ATCO that gives permission to  use the land and they are continuing to discuss options for the future. 

The change requested by ATCO is a corporate decision to ensure that there is a clear definition of the privately owned land and is not a statement of proposed future use.  ATCO is committed to a continued dialogue with the Whitehorse Cross Country Ski Club and the Land Tenure Committee.

The ATCO land does not form part of the proposed Mt. McIntyre park/recreation area. Nor do Crown grant lands on the Copper Haul Road at the south end of our trail network.

The 'WCCSC' does not object to the re-designation of Raven's Ridge Phase II land to "Country Residential". We have already re-routed our trails around that planned development.

Ski club members are encouraged to send in their comments on the new OCP proposals to the city by the March 8th deadline.

What protection do the trails have now?

• The trails on Commissioner’s Land are owned by YTG but protected by the City of Whitehorse Official Community Plan which will designate the area as Green space - Park when the new OCP is approved
• The club has a Lease Agreement with ATCO (pending as of October 2, 2009) that gives us permission to cross their land. The lease term is 5 years and offers assurance that we can use the trails for that period.
• The club has a Letter of understanding with Coyne & Sons regarding use of the trails that cross or are adjacent to Crown Grants owned by the company.

Is that enough protection or could we lose the trails in the future?

• The OCP is a document that can be reviewed and changed over time. It can be changed any time by City Council. The ski club will have to be vigilant during each review of the OCP.
• The lease with ATCO is for 5 years only and can be terminated with 6 months notice.
• There is still the possibility of mineral exploration and further private development.
• The city is growing and pressure on the land is increasing.

What options do we have for better protection?

• Park Reserve status similar to Chadburn Lake Reserve that would protect the public lands from further surface and subsurface land dispositions. Once established, parks are more likely to be retained. Scroll down to see a map of the proposed Park Reserve. 
• A stronger classification in the Official Community Plan. (pending as of February 10, 2010)
• Other options could be proposed and investigated.

What can we do to improve the protection of the trails?

• We can continue to encourage the use of the Mt McIntyre Recreation Area and foster a good working relationship with all user groups through the MMMURA user group committee
• Continue to foster a good relationship with ATCO and with Raven’s Ridge Developments so that if future development does occur, there may be an opportunity to co-exist.
• Write letters to city officials to support the changes to the OCP and Yukon government officials to let them know how much you value the trails and that you support efforts to improve the protection of the trails on the publicly owned land.
• Encourage all trail users to voice their support for long term protection

The club's trails cross both public (93%) and private land (7%). The private land is owned by ATCO Power Ltd., a subsidiary of ATCO. The club has a 5-year lease with ATCO, at a nominal annual cost of $1, for a portion of their Lots 49 and 50- the 79 ha area shaded in purple on the "Areas of Interest" map. (see map below).

The ski trails cross a portion of the mineralized "Copper Belt". Most of the subsurface beneath the trail system has been staked for mineral exploration. A large number of claims staked in October 2007 are still pending approval. Although this long delay is quite exceptional, it is still possible that these claims will be approved. In addition to the claims, the ski trails cross parcels of surveyed lands called Crown Grants. On these lands the subsurface rights have been sold. This is quite exceptional. Typically, subsurface rights are retained by the Crown and leased to mining companies who pay royalties to the Crown for the privilege of extracting minerals.

Lots 49 and 50 are old Crown Grants. The surface is owned by ATCO Power. But the subsurface is owned by H. Coyne and Sons. Thus, even with a lease from ATCO, the club does not have full protection of these lands.

A change to the free entry system of mineral staking will be required to eliminate the threat of mineral exploration or development on lands beneath the trail system. For example, our "areas of interest" could be withdrawn from staking, and claims (valid for a year) could not be renewed. Unless such measures are taken, it remains to be seen if the OCP would ultimately provide the protection we seek. In the long term, the extinguishment of subsurface mineral rights, and the creation of a park remain our vision for the protection of this iconic urban outdoor recreation asset.

In 2008, the Club wrote to EMR Ministers at that time, Lang and later, Cathers, regarding staking within City limits and, specifically, within our trail network. The Ministers' responses were cordial, but they did not directly address our concerns. In a joint meeting between the City and YG officials last fall, it was evident that the two government's could not agree on this issue. Recent correspondence (September, 2009) from the City of Whitehorse indicates that the two governments are discussing the issue, but no significant progress has been made to date.

MAP 1 Ski Club's Areas of Interest

MAP 2 Proposed Park Reserve

This map shows the present Chadburn Lake Park Reserve which does not allow mineral staking, and the proposed Mt McIntyre Park Reserve.  The bright green  areas are the Chadburn Lake Park Reserve (39 sq km which is 9.3% of the area of Whitehorse) and the proposed Mt McIntyre Park Reserve (10 sq km or 2.4% of the area of Whitehorse).