1. Between 1960 and 1990, recreational subdivisions were designated within the Northern Saskatchewan Administration District [NAD] with the intent of providing a “wilderness experience”.

 

1. The Resort Subdivision [RS] of Whelan Bay was one of these subdivisions and is located along the south shore of the Whiteswan Lakes in Northern Saskatchewan.

 

1. The Resort Subdivision of Whelan Bay is supervised by a Northern Municipal Advisor from the Northern Municipal Services Branch, Ministry of Government Relations

 

1. The immediate and home legislation is the Northern Municipalities Act, 2010 [NMA] which along with various other Acts and Regulations sets the governance regime for this community.

2. The RS is not incorporated and does not have a mayor or council.

 

1. However, in the case of cottage communities “recreational subdivisions “such as Whelan Bay the government made legislated provisions for the creation of Cabin Owners’ Association and for a dedicated tax revenue trust account:

 

Cabin Owners’ Association

287.1(1) A cabin owners’ association must:

(a) be incorporated as a membership corporation pursuant to The Non-profit

Corporations Act, 1995; and

(b) meet any criteria specified by the minister.

(2) The board of a cabin owners’ association of a recreational subdivision may:

(a) act in an advisory capacity to the minister with respect to the affairs of

the recreational subdivision; and

(b) recommend to the minister any measures that may tend to the betterment

of the finances and welfare of the recreational subdivision and its inhabitants.

2009, c.M-28.1, s.11.

 

DIVISION 2

Northern Municipal Trust Account

Account continued

287.2(1) The Northern Revenue Sharing Trust Account is continued as the

Northern Municipal Trust Account.

(2) The purpose of the northern municipal trust account is to provide for the

administration of funds and property held by the minister for the following

purposes:

(a) the benefit of northern municipalities generally;

(b) the administration of the district as a northern municipality;

(c) the disbursement of revenues derived from collection of taxes and other

revenues on behalf of northern hamlets and the district, including northern

settlements and recreational subdivisions.

 

1. At the suggestion and behest of the then Northern Municipal Advisory branch, the ratepayers of the recreational subdivision of Whelan Bay incorporated the Whelan Bay Cottager’s Association Inc. [WBCA].  WBCA came into existence on or about 20/05/1986 with the mutual object of the WBCA being designated a Cabin Owner’s Association (current legislation s 287.1) for the purpose of, among other things, the opening and operation of a Northern Municipal Trust Account as contemplated by current s- 287.2 dedicated to the use and expenditure of tax revenues generated from within the recreational subdivision of Whelan Bay.

                             

1. Shortly thereafter the ratepayers and members of the WBCA elected a group of directors to represent the community and to make recommendations as to the affairs of their community.

 

1. Since inception the WBCA developed and maintained an excellent collaborative mutually beneficial working relationship with the Northern Municipal Branch and its Advisors assigned to the Whelan Bay subdivision.  This included creating and managing a S 287.2(2) administrative budget.

 

1. Correspondence from the early days indicate that the RS contributed continually to the purchase and maintenance of the docks, concrete pads, fish shack, etc.  It also indicates that the Lodge had been paid historically to install and remove the docks in the early years as the Cottagers did not have the means to do so. Later years saw the Cottagers installing the docks themselves.                                    

 

1. In 1983 the boat launch required a major repair to the launch facility and breakwater that required ten new concrete pads.  The cost of $8,500.00 was born by the WBCA by having the Ministry charge the costs to the S 287.2 trust account held at the direction of the WBCA for the recreation subdivision cottage owners.

 

1. In 1992 Art Lundquist (the Whiteswan Lake Lodge Owner) made a proposal to take over the campground.

 

1. More remedial work was needed in 1995.  Requests to DNR at this time to pick up the costs to install needed additional pads were unsuccessful. In 1995 the WBCA received approval to improve the boat launch area for a cost of approximately $3,500.00.  The WBCA supplied the labour and funding of $3,500.00 and which came out the recreational subdivisions trust fund.

 

1.  WBCA has and was paying all the bills for a public docking facility and a fish filleting building. In 2000 the Cottagers requested financial contribution and support from SERM.

 

1. Saskatchewan Environment and Resource Management (SERM) stated they did not contribute to the cost of running a docking and fish cleaning facility once such items had been passed from SERM to a cottagers’ owner group such as the WBCA.

(It is significant to note that SERM passed ownership of the docking area, pads and filleting building to the Cottager’s Association, not Parks. It is now Parks, in the person of (Susan Graham) that is stating that Parks was entitled to and therefore had the authority to transfer the docks pads and filleting building to their Lessee)

 

1. According to Susan Graham - Manager of Business Development and Leasing, Ministry of Parks, Culture and Sport, in 2005 the access road, docks and boat launch were included in the Park Lease. This was new information to WBCA.  The WBCA was never made privy to the lease that Susan was referring to.  The lease was not publicized and requests to view it were refused when requested this year, (2021/2022) despite the law states a signed document is no longer a private matter.

 

1. The WBCA on and after the date that Susan Graham stated, continued to pay to have the dock maintained, installed and moved (due to changing water levels) as well as removing it at the end of the season.

 

1. In 2010 six additional pads were supplied by the WBCA, for an additional $7,920.00.

 

1. In 2021 alone the WBCA paid $14,865.00 for ten new concrete pads and approximately $13,308.90 in gravel and crushed rock.

 

1. Between the 1990’s and present date, the WBCA has invested in the original plastic type floating dock which was replaced with a custom-made steel dock (surviving to this day), a floating segmented aluminum dock complete with cables run out into the lake with screw piles in the lake and screw piles on shore. The latest is a roll in aluminum dock.  The WBCA partnered with the then Whiteswan Lodge operator to install screw piles with cables in the Lake to anchor floating log booms to create a breakwater, which unfortunately did not work.

 

1. WBCA has installed many concrete pads throughout the years as they were damaged, flooded or buried.

 

1. Throughout the years the WBCA has supplied road fill, road base, road gravel and crushed rock to help improve the docking area, parking area and road down to the area.  At times with the help of the Lodge in equipment, but often with a professional contractor or volunteer labour and machinery from Roland Barrett and other cottagers.

 

1. At the request of the Government Ministries and without limiting the foregoing, SERM, WBCA and its members have faithfully supplied, maintained, and improved the boat launch facilities in the subdivision of Whelan Bay on the Whiteswan Lakes through thick and thin for all to use.

 

1. According to Susan Graham – Manager of Business Development and Leasing, Ministry of Parks, Culture and Sport in 2005 the government “sold” their assets from the site to the then lessee.  Included with the asset sale was the boat launch and boat dock of the day.  Because of this the Lessee, 101257477 Saskatchewan Ltd. (the Lodge) has denied normal access to the WBCA and requests an access fee.

 

1. The Whelan Bay Cottagers Association and/or the Northern Municipal Services, in our name, have been supplying a dock and launch facilities to the public since SERM pulled out of supplying or funding the dock in the early 1990’s. WBCA had a special service agreement with Sask Highways to service the road and parking area.

 

1. The Whelan Bay Cottagers have supplied concrete launching pads since 1982 when DNR could no longer fund them. How could the Minister of Parks, Culture and Sport sell a privately owned boat launch and docks situated on a public reserve which is part and parcel of the riparian zone controlled by the Water Security Agency, when generating a commercial lease for Sask Ltd for Parcel C?

 

1. The WBCA historically maintained the road, parking area, fish filleting and launch area completely by themselves.  When the Lodge took over the fish filleting shack and it was included in the lease must have happened after the year 2000.  But at no time did Parks or anyone else discuss the situation or ownership with us.

 

1. Trying to remove the public road down to the boat launch and claim it is a part of a commercial lease is against the Parks Act, the Northern Municipalities Act, The Provincial Parks, Protected Areas, Recreation Sites and Antiquities Act and the Highways Traffic Act. This is not a road requiring a toll fee!

 

 

 

Dock Committee Report

Meeting March 25th. 2019

 

 

Members in Attendance:  Rod Bell, Rod Wotherspoon, Mike Fisette, Don Radcliffe

Special Guest: Walter Halliday (White Swan Lake Lodge Owner)

 

Purpose of the meeting was to meet with Walter Halliday to discuss possible options at the docking area located by the Lodge.

Walter looked at the situation and came up with the following recommendations:

Install the two docks with the iron dock on the right-hand side as it may protect the aluminum dock somewhat from wave action if it is located to the left side.

Install two sets of loading pads between the docks with space between the pads and between the docks and pads, previous installations had the dock too close to the pads.

The treed land to the left of the existing docking area will be removed to accommodate this installation and rocks interfering with the installation in the lake will be removed by the White Swan Lake Lodge.

White Swan Lake Lodge will look after any and all permits required to accomplish this installation.

If the Whelan Bay Cottagers Association repair both docks and supply the pads to site, the White Swan Lake Lodge will install the pads and assume all maintenance for the docks going forward. This includes installation and removal of the docks yearly.

The White Swan Lake Lodge also committed to replace the fish filleting shack which will be available to campers and cottagers alike.

 

The Whelan Bay Cottagers Committee agreed to take this proposal along with costs back to the next Directors meeting for approval.

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The following agreement was made in a meeting between Walter Halliday and Rod Wotherspoon, Mike Fisette and Don Radcliffe held at the Whiteswan Lake Lodge May 18, 2019 

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The following points were exchanged via this document:

Walter will not sign the “agreement”, he does not do that but claims in Saskatchewan your word is binding and he will uphold his end of the bargain.

 

Boat Dock and Launch Area Agreement

​

“The Agreement”

 

There are two parties to this Agreement:

 

The Whelan Bay Cottagers Association Inc.

AND

The White Swan Lake Lodge (Owner: Walter Halliday)

 

 

The Whelan Bay Cottagers Association Inc. will provide, at its expense:

• The repaired iron dock;

• The repaired aluminum dock;

• New concrete loading pads delivered to the site at Whelan Bay, SK before the end of June, 2019.

The Whelan Bay Cottagers Association Inc own the iron dock, the aluminum dock and the new concrete boat launch pads.

 

The White Swan Lake Lodge will, at its expense:

• If practical reuse existing concrete loading pads for a base for the two docks to roll in and out on;

• Remove trees and stumps and displace rocks to accommodate installation of new concrete pads and docks;

• Dispose any old concrete that can not be salvaged and tree stumps at the Whelan Bay Landfill;

• Install new concrete loading pads in the water and leveling concrete loading pads on the ground leading to the concrete pads placed in the water;

• Complete this installation as soon as reasonably practical following the spring hatching period - Fisheries state rocks or pads cannot be disturbed until after June, 2019 due to the fish hatching period;

• Install repaired iron dock adjacent to existing concrete pads as soon as practical following the ice melt to accommodate boat launching until the installation of the new concrete pads and aluminum dock can be completed following the fish hatching period;

• Assume all maintenance for the two docks including the installation and removal of the docks yearly;

• Replace the existing fish filleting shack which will be available to campers and cottagers alike;

• Landscape the docking area to allow for the installation of the two docks with boat loading/unloading pads between them;  

• Be responsible to obtain all the necessary permits, in its own name, that are required to carry out the items noted above.

Termination:

Either party may terminate this Agreement on thirty (30) calendar days written notice, or if prior to such action, the other party materially breaches any of its representations, warranties or obligations under this Agreement.

Negotiating Changes:

The scope of the Services to be provided shall not be changed in any material respect without a mutually agreed upon change order executed by an authorized representative of each party.

Boat Launch User Fees:

It’s mutually agreed there are no Boat launch user fees.

In the future, if either party to this Agreement wish to implement a Boat launch user fee, both parties to this Agreement must mutually agree upon user fee rates, the method of collection and user fee revenue cost sharing.

Signed this _______ day of ______________, 2019 at _____________________ , Saskatchewan                     

 

 

_________________________________________

Don Radcliffe, President, Whelan Bay Cottagers Association Inc.

The Whelan Bay Cottagers Association (WBCA)

 

 

_________________________________________

Walter Halliday, Owner

The White Swan Lake Lodge

 

 

________________________________________

Witness

 

 

 

The WBCA were informed that despite having made these former agreements the Lodge Owner wanted to charge an access fee to use the WBCA boat launch.

 

The WBCA called a special meeting of the cottagers to see how the Cottagers wanted to proceed with this development.

The WBCA cancelled the special meeting when Sandra Halliday wrote the following in Facebook postings both on the Lodge Facebook and the Whiteswan Lake Facebook.

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The Whiteswan Lake Resort would like to make sure the Cottage Owners know that it is the intention of the Whiteswan Lake Lodge to keep the boat launch open and operational for all to use, as we have in the past. We will be at the special on October 2nd to answer any questions that the residents of Whelan Bay may have.

​

Sandra Halliday removed the prime reason for the special meeting, a special meeting can only deal with the one topic it was called for.

 

However

​

Since that post the Lodge Owner has informed us, they had an agreement to get paid for the Cottagers to have access to our boat launch, and that was what they were referring to when they posted “as we have in the past”.  No one on the WBCA Board of Directors, past or present, agree with the statement referring to a fee being paid in the past.  The WBCA did not make any such agreement in any way with the Lodge Owners.

The Northern Municipal Advisor did not make any agreement to pay for Cottagers to access their own boat launch with the Lodge.  The only bill paid by the NMS was a bill the Lodge had with Greenland Waste in arrears from 2020 for just under $5,000.00 and there was no agreement other than the two agreements posted above.  The Lodge does not own the rights to the use of the property the docks and pads are on; nor do they own the rights to the public road down to the docks that now ends some significant distance under water.

 

The Lodge Owner stated that he would never meet with the board of the WBCA unless the present President resigns.  However there has been two meetings between the Lodge Owners and the WBCA directors since.  During the second meeting the Lodge Owner left the meeting in the middle of receiving an explanation the Lodge Owner requested. There was no form of agreement nor any plan to meet over this subject or any other in the future.  Despite this, the WBCA is always open to discussion with its members but will not be bullied, blackmailed nor dictated to.

 

The WBCA will proceed as in past practice and we will be installing our docks once the ice is off the lake, and we will not be paying to access our boat launch site via a public road.