The Lutsel KSA国际影视传媒檈 Dene First Nation is crying foul after the territorial government unexpectedly cancelled occupancy permits for its newly acquired fishing lodge - a facility that has been operating on the shore of the nearby Stark River for decades.
Now, already coping with a lost season due to the global pandemic, the First Nation says the lodge is being mired in red tape from the Department of Municipal and Community Affairs.
SA国际影视传媒淭he GNWT is marking National Tourism Week by refusing to issue a Ministry of Municipal and Community Affairs (MACA) business licence and cancelling occupancy permits issued in March to Frontier Lodge pending a SA国际影视传媒榩olicy review of MACA requirements for licensing remote lodges,SA国际影视传媒 wrote Lutsel KSA国际影视传媒檈 Chief Darryl Marlowe in a news release issued Wednesday.
Marlowe is frustrated and SA国际影视传媒渇uming.SA国际影视传媒
SA国际影视传媒淚t is a critical element of the Lutsel K'e vision to build a sustainable local economy,SA国际影视传媒 he wrote.
SA国际影视传媒淏ut instead of working to support our vision, it seems like MACA is intent on shutting down a successful tourism business by refusing to grant a new licence,SA国际影视传媒 continued Marlowe.
SA国际影视传媒淚 canSA国际影视传媒檛 even begin to understand the thinking behind this decision.SA国际影视传媒
In a landmark purchase, Lutsel KSA国际影视传媒檈 Dene First Nation acquired the longstanding Frontier Lodge from out-of-territory owners in December of last year. Located a stone's throw from Lutsel K'e, on Great Slave LakeSA国际影视传媒檚 east arm, the lodge boasts world-class pristine fishing waters, drawing tourists from across the world every season.
The recent purchase was meant to spur economic growth and create jobs for Lutsel KSA国际影视传媒檈 community members while opening a tourism gateway to the newly created Thaidene Nene national park.
Those plans have since stalled.
Marlow stated he's mystified as to why the territorial government is throwing up red tape now even though the lodge has been long running fixture in the community for many years.
SA国际影视传媒淭he GNWTSA国际影视传媒檚 failure to consider their own policy gaps shouldnSA国际影视传媒檛 be our problem,SA国际影视传媒 stated Marlowe.
SA国际影视传媒淚tSA国际影视传媒檚 hard enough to try to operate a tourism business in the middle of a pandemic but we didnSA国际影视传媒檛 expect to have to fight the GNWT to license a business that has been operating safely and successfully for decades,SA国际影视传媒 stated Marlowe.
SA国际影视传媒淭he delays, lack of communication and unnecessary burdens being placed on LKDFN by the GNWT are adding to the challenges that all tourism operators are facing in the midst of the COVID pandemic,SA国际影视传媒 he added.
In a follow up interview with Marlowe, the Lutsel KSA国际影视传媒檈 chief said the community learned on Monday that their application was going to be put on hold. SA国际影视传媒淗e had our liquor licence in place, now MACA is saying they have to go under a policy review and develop a new policy,SA国际影视传媒 he said.
SA国际影视传媒淚t was an exciting time when we purchased it - to bring opportunities for my members here, not only for today but for our future generation,SA国际影视传媒 Marlowe told SA国际影视传媒.
SA国际影视传媒 WeSA国际影视传媒檙e leaving a legacy for them, itSA国际影视传媒檚 the first time a First Nation community has owned something this big - as a fishing lodge - so there are a lot of great opportunities for us,SA国际影视传媒 added Marlowe.
Corey Myers is the general manager at Frontier Lodge.
SA国际影视传媒淲eSA国际影视传媒檝e had to jump through hoops just to get set up. This all pertains basically to getting the liquor licence for the lodge,SA国际影视传媒 said Myers.
SA国际影视传媒淲e are now required to have a MACA business licence, which was never required before . . . Now weSA国际影视传媒檝e been told we require a MACA business licence which requires occupancy permits from the fire marshal, the whole nine yards. Whereas in the past, our tourism licence was all that was needed,SA国际影视传媒 said Myers.
From the get-go, Myers said he's received scarce feedback from the GNWT.
SA国际影视传媒淲e didnSA国际影视传媒檛 receive feedback or information other than this is a policy decision that needs to be discussed until last Friday - when I was told our occupancy fire permits for the building were being rescinded,SA国际影视传媒 he said.
Myers believes the lodge is being targeted because it was recently purchased by the First Nation.
SA国际影视传媒淎s long as the (previous owners) owned it, they could have kept renewing their licence and operating their business as they had been for decades. But because it was sold, now weSA国际影视传媒檙e being held to a standard that other lodges are not being held to, which is wrong.
SA国际影视传媒淚tSA国际影视传媒檚 an unnecessary bureaucratic trap,SA国际影视传媒 said Myers.
LKFN is calling on the GNWT to SA国际影视传媒渆xempt Frontier Lodge from the MACA business licence requirement until GNWT can address its own policy issues,SA国际影视传媒 according to Wednesdays news release.
MACA released the following statement to SA国际影视传媒 late Thursday.
"The Department of Municipal and Community Affairs would like to clarify the work it is doing with the Lutsel KSA国际影视传媒檈 Dene First Nation to ensure that the Frontier Lodge meets all requirements for the safe operation of their property. The safety of residents and visitors to the NWT is our highest priority," stated spokesperson Jay Boast.
According to Boast, "MACA has not denied the lodge a business license.
In fact, MACA has been proactive in working with the owners to ensure they understand the requirements under the Business Licencing Act, the Fire Prevention Act and the Liquor Act.,' he continued.
"MACA has been reviewing the requirement of fishing lodges to have a business licence. Previously fishing lodges operated under a tourism license. In this case, the lodge has also applied for a liquor licence which then triggers the need for a business licence. Here are some important points under consideration as part of this situation:
o Liquor licences are issued to the specific owners of a fishing lodge (or other licensed establishment) and are not transferable without the approval of the Liquor Licencing Board.
o Section 7 of the Liquor Act requires new applicants and owners seeking to transfer a liquor licence to make an application for approval by the Board. A transfer application requires the same documentation as a new liquor licence application. Section 14 of the Liquor Act also gives the Board authority to approve or deny a liquor licence transfer application.
o Subsection 17(1) of the Liquor Regulations require that a floor plan be approved for new applicants and license transfer applications;
o Subsection 17(2)(b) of the Regulations require both the Fire Marshal and Public Health Officer to confirm that the proposed facility will meet the requirements of their respective governing legislation (in the case of the Fire Marshal, this includes consideration of the occupancy load of the proposed licenced area submitted in the conditionally approve liquor license application).
Also, on the issue of Business Licensing for remote lodges, there may be other legislative considerations including:
1) The Business Licensing Act and Regulations - requires an inspection be conducted prior to Issuing a Business License to confirm fire safety requirements;
2) The Liquor Licensing Act and Regulations - also requires an inspection to confirm fire safety requirements should a lodge owner wish to serve alcohol;
3) The Fire Prevention Act authorizes the Fire Marshal to conduct fire safety inspections;
4) There is currently no exemption provisions outlined in the Business License Regulations nor the Fire Prevention Act," stated Boast.
During a recent meeting with the lodge owner, Boast wrote MACA proposed a way forward for LKDFN to "involve the assistance of a professional with requisite skills of adopted codes and standards outlined in the Fire Prevention Regulations so that the owner can address any significant issues prior to a formal inspection taking place."
"MACA is also researching any other available options to identify ways forward in an effort to assist the Lutsel K'e Dene First Nation and other remote lodges in meeting requirements. We are committed to working with all parties involved to come to a reasonable resolution that ensures the safety of residents and visitors."