Whistler Mountain Master Development Agreement, September 1982
See Part 2 of the MDA.
Schedule "I", Operating Covenants
Whistler covenants and agrees with the Province as follows:
(e) to maintain or cause to be maintained and to provide snow removal on all Access Routes and Parking Facilities
Schedule "A", page 2 (poor quality photo reduction) appears to show Singing Pass access trail with the legend designating it as a Hiking Trail. [A high quality reproduction of Schedule "A" is shown in the next section of this page.]
See Part 1 of the MDA.
Article I - Definitions
"Access Routes" means the access required to be provided under section 4.02 and includes any other access required by government agencies having jurisdiction.
"Hiking Trail" means a trail designated as a hiking trail on Schedule "A".
"Parking Facility" means any vehicular parking lot in the Resort Area that is intended to provide parking space for the users of the Recreation Improvements.
"Recreation Improvement" means any Lift, Day Skier Facility, Maintenance Facility, Parking Facility, Ski Trail and Access Route that is located within or is intended to be constructed within the Resort Area and includes any other similar facility within the Resort Area.
Article IV - Recreation Improvements
4.03 Whistler shall provide or cause to be provided Access Routes
(a) by way of dedicated or gazetted road or by way of right-of-way to each Parking Facility;
Article VII - Covenants of Whistler
7.01 Whistler shall
(n) nothwithstanding Article XVII, permit any person to pass and repass by foot on the Hiking Trails during the months of May to November of each year without fee or charge.
It is our position that the 1982 agreement defines Singing Pass Trail as a Recreation Improvement. At the time, the trail was accessed by a 5 km long roadway that was originally a mining access road - an Access Route. The road terminates at a Parking Facility as defined in Article I of the MDA. Schedule A clearly shows Singing Pass Trail as a designated Hiking Trail.
Based on these definitions and article 4.03 (a), Whistler-Blackcomb is currently not complying fully with the objectives of the MDA as outlined in Article II, specifically section 2.02.
To rectify the situation, Whistler-Blackcomb should restore public vehicular access to Singing Pass trailhead at the 5 KM mark up Fitzsimmons Creek during the period from the first day of May to the last day of November each year, as stipulated in Article VII, section 7.01 (n).
Due to the landslip hazard along the existing right of way to Singing Pass trailhead, an acceptable alternative is provision of public vehicular access to the Fitzsimmons water intake in the same location and construction of a short connector trail to the trailhead.
We have noted on this site that Whistler-Blackcomb is wishing to expand its ski terrain by 25% as reported in the Globe and Mail newpaper on March 30, 2016 (Report on Business, pages 1 and 8). It is time for the Mountain Resorts Branch to stand up and make W-B honour its commitments under the MDA.