The B.C. government announced July 24 that a proposal for an all-season resort in the West Kootenay will not require an environmental assessment.
The Zincton wilderness resort would include 5,000 hectares on both private and public land in the Selkirk Mountains between New Denver and Kaslo.
The decision to forego an environmental assessment was made by B.C.'s Environmental Assessment Office (EAO), after an 18-month review. In the decision, Alex MacLennan, chief executive assessment officer of the EAO wrote, "I am confident the EAO conducted its review in accordance with established processes and legal obligations."
The Zincton proposal is at the second of a approval process managed by the province's Mountain Resort Branch, an agency set up to facilitate resort development as part of the Ministry of Tourism, Arts, Culture and Sport.
An environmental assessment would have added detailed focus on environmental impacts as part of the approval process, which is carried out by the Ministry of Environment and Parks. Such an assessment is required on any mountain resort that proposes to build more than 2,000 beds. Zincton would have fewer than 1,700, but the EAO has the discretion to order an assessment under special circumstances even with fewer than 2,000.
Two organizations formally asked the EAO to make such an exception.
On Nov. 7, 2023, the environmental group Wildsight submitted a to the ministry that Zincton require an environmental assessment. The Sinixt Confederacy wrote to the minister in February 2024 supporting Wildsight’s application.
Both groups said the development would have negative impacts on caribou, grizzly bears, mountain goats, mule deer and wolverines by disturbing connectivity corridors, especially for grizzlies, and causing habitat fragmentation.
These concerns were expressed despite the proposal’s inclusion of a 10,000-acre summer wildlife corridor and protection zone in its plans.
The two groups were also concerned about the potential impacts on the local community, economy, water, wastewater, public access, carbon footprint and cumulative effects.
In the Sinixt letter asking for a full assessment, the chair of the Colville Confederated Tribes Jarred Erickson wrote that the Sinixt have a constitutional right to hunt in Canada since the Supreme Court of Canada's decision in R. v. Desautel, which declared the Sinixt an aboriginal people of Canada. Erickson wrote that this gives the Sinixt “a constitutionally protected right to ... be engaged and consulted on anything that would impact those rights.â€
In a news release, David Harley of New Denver, who is spearheading the Zincton project, called the decision "an important milestone for Zincton"
"We remain committed to developing a project grounded in environmental stewardship, community resilience, and Indigenous collaboration," he wrote. "We look forward to working closely with the province, Indigenous Nations, local communities, and stakeholders as we continue through the B.C. regulatory process."
Harley's news release goes on to state that "Zincton is envisioned as a low-impact mountain destination rooted in regenerative tourism, sustainable employment, and long-term ecological health."
In an email to the Nelson Star following the EAO's decision, Wildsight's Alli Banting wrote that the decision overlooks ecological issues, First Nations opposition, and many other community concerns.
"Projects like this must be assessed based on ecological risk and the potential impacts to communities," she wrote, "not just the technical threshold of bed unit counts."
The Nelson Star reached out to the Sinixt Confederacy with no immediate response.
The Regional District of Central Kootenay is also as supporting an environmental assessment.
Lack of a environmental assessment does not automatically green-light the project. It is now at the second, or Formal Proposal stage of a five-stage process. The third stage is the Interim Agreement Decision, followed by Master Plan Review and Master Plan Decision.
Those stages looks at a variety of administrative, logistical, and regulatory impacts of the project, and co-ordinates with other provincial agencies, First Nations, and local governments. It also looks at market viability and financial feasibility.
In the EAO decision, MacLennan wrote that the Mountain Resorts Branch process will be adequate both for environmental protection and for Indigenous rights.
"While the project could cause effects on multiple valued components and First Nations' Section 35 rights, these effects can be adequately considered by the Mountain Resorts Branch under the review process required by the All-Seasons Resorts Policy."
He said First Nations will still have the opportunity to participate in the Mountain Resorts Branch process, which will "ensure their values and concerns are considered."