The Cypress Backcountry Access Corridor can now be accessed from 7AM. Note however, that the Cypress Bowl Road continues to be gated until 7AM at Chippendale Drive. In contravention to their park use permit, Cypress resorts has been preventing access to the corridor from 11PM to 9AM and this continues to be their official position. While discussions between BC Parks and Cypress continues, the new manager Russell Chamberlain will allow public access through the BAC once the road is open. It continues to be our position that the BAC should be open 7 x 24 year round and that the road should not be gated unless there is a hazard. It takes at least 45 minutes to drive up the road, get geared up, and access the trailhead which continues to make it impossible to start skiing at first light. In the early winter months backcountry skiers traversing the HSCT from Cypress to Lions Bay require the entire day to complete before dark. You are still required to pick up a free backcountry access tag / waiver from the old lodge. See the map below for the location of the BAC as well as the old lodge. Lot 3B is the designated parking lot for backcountry users and the resort is within their right to refuse parking at lots 1, 2, and 3 which fall within their conrolled recreation area.
 
The PUP is subservient to the Park Act and government authority which states that all parts of the the park shall enjoy year-round public access. The gating of the road and staffing of the booth is being done by Cypress Resorts and is also in contravention of the Park Act. The BAC is an excluded area of the CRA and therefore does not fall under the jurisdiction of the resort. There seems to be a lack of awareness of this significant authority in the tone of the BC Parks letter from Nov 9, 2017.
 
Feel free to present the information below to resort / parks staff / authorities should they not be familiar with the new guidelines.This article is mobile friendly and can be displayed by most smartphones.
 
From: "Aikman, Jennie S ENV:EX" <This email address is being protected from spambots. You need JavaScript enabled to view it.>
Date: November 9, 2017 at 7:29:08 AM PST
To: Monika Bittel 
Cc: "Syroishko, Larry ENV:EX" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, "Wilson, Robert W ENV:EX" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, "Standen, Jim ENV:EX" <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Mel Turner 
Subject: Re: Cypress BAC and our request to BC Parks

Hi Monika,

In follow up from our call yesterday afternoon, I want to confirm that Russell Chamberlain at Cypress Resort has assured they will not be preventing public access through the Backcountry Access Corridor once the park opens at 7AM but will be onsite to monitor public use.

I am looking into having Park Ranger staff present between 7 and 9 AM this weekend to provide any assistance required.

We have agreement that we will continue with this approach as BC Parks works with Cypress Resort to come to an agreement on the long-term plan.

Many thanks to you for your attention to this situation and your focus on fair and practical solutions.

With kind regards,

Jennie


Jennie Aikman
Regional Director, South Coast Region
BC Parks

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Cypress Provincial Park, Park Use Permit #1506 (2006), BAC Sections

3.06 The Permittee shall, during the Ski Season, have the right to charge any person using or passing through the Controlled Recreation Area such fees in such amounts as the Permittee may determine from time to time including, without limitation, fees for parking, skiing, snowboarding, snow sliding and other activities permitted in Schedule "A", provided that no fees may be charged for:

  1. passing through the Controlled Recreation Area along the Backcountry Access Corridors on foot, skis or snowshoes in accordance with section 3.061 so long as the Province is performing its obligations under section 3.064;
  2. using the Snow Play Area for snow play;
  3. passing through or across Parking Facilities for purposes of access to and egress from the Hikers' Trail Trailhead, in accordance with section 3.067; or
  4. using public washrooms or warming and brown bag facilities provided by the Permittee pursuant to paragraph (w) of Schedule "E".

3.061 During the Ski Season, any person may pass through the Controlled Recreation Area along the Backcountry Access Corridors on foot, skis or snowshoes for access to and egress from the Park Area beyond the Controlled Recreation Area but only after

  1. acquiring a season pass from the Province or a day pass from the Permittee for that purpose, which pass shall be issued without charge or other requirement of consideration from the person requesting it, and
  2. in the case of:
    1. a season pass acquired from the Province, executing a written form of waiver and release of liability (or in the case of a minor, an acknowledgment of the risks assumed by the minor in using such corridors) in favour of both the Province and the Permittee, in a form prepared by the Province and agreed to by the Permittee from time to time; and
    2. a day pass acquired from the Permittee, being informed by the Permittee through the use of procedures, signage and tickets (prepared by the Permittee and approved by the Province from time to time) similar to those used by the Permittee in its General Operations in issuing lift tickets, that the person acquiring the day pass is assuming all risks associated with the use of the Backcountry Access Corridor, and in the case of any adult, that the person acquiring the day pass is waiving all claims against the Permittee and the Province and releasing both of them from all liability associated with loss, damage, injury or death occurring through his or her use of the Backcountry Access Corridors.

 3.064 The Province shall patrol the Backcountry Access Corridors at regular intervals during the Ski Season, including daily patrols if necessary, to ensure that such corridors are being used only in accordance with this agreement and the Province shall erect, maintain and enforce compliance with park signs which specify the purpose for which the Backcountry Access Corridors may be used pursuant to section 3.061.

3.067 The Permittee shall at all times during the term of this agreement permit any person to pass through or across Parking Facilities for purposes of access to and egress from the Hikers' Trail Trailhead, and in doing so the Permittee shall not require such person to:

  1. pay a fee or any other consideration to the Permittee for such passage (as distinct from fees for parking);
  2. obtain a pass or other evidence of permission from the Permittee or the Province; or
  3. execute a waiver, release of liability or assumption of risks document in favour of the Permittee or the Province in respect of such use of the Controlled Recreation Area and the Surrounding Lands.

4.01 The Permittee covenants and agrees to

  1. observe, abide by and comply with all the terms and conditions of this agreement;
  2. observe, abide by and comply with subject to section 4.02, all laws, by-laws, orders, directions, ordinances and regulations of any competent governmental authority (including, without limiting the generality of the foregoing, the District of West Vancouver) which, but for section 29 of the Park Act, in any way affect the Controlled Recreation Area, (including the improvements within it) the use and occupation of the land on which they are situate, or that affect the undertaking of the Permittee or the manner in which it carries on its business activities or operations, provided that such is not in breach of any provision of the Park Act;

Cypress Provincial Park Master Plan (1997)

The access strategy for Cypress Provincial Park recognizes the environmental and aesthetic sensitivities of the park’s natural and wilderness areas. Terrain and neighbouring jurisdictions help to control access points in the more remote areas of the park. The present trail system uses many of the old routes developed by hikers and skiers over 50 years ago.

Objectives:

  • To provide year-round public access to all parts of the park subject to protection of environmentally sensitive areas, public safety and the rights granted to CBRL under Park Use Permit 1506;
  • To designate two public access routes through the Controlled Recreation Area;
  • To continue to provide adequate and varied vehicular and hiking access for visitors to experience the park while minimizing effects on the environment, wildlife, cultural features and other visitors’ enjoyment of the park; and
  • To negotiate and secure trail access through private lands at Deeks Creek.

Cypress Road Clearing Contract (1986)

References: