Municipalities located within national parks are subject to
unique development constraints. The federal National Parks
Act and provincial Parks Towns
Act enable agreements between the federal and provincial
governments for incorporation of towns within national parks. Once
incorporated, park towns are treated like ordinary towns under
the Municipal Government Act with some
differences.
In early 1990, Canada and Alberta entered into the Town of Banff
Incorporation Agreement under which the federal government retained
ultimate authority for development and planning in Banff. The
Incorporation Agreement required the municipality to prepare a land
use bylaw (like any other municipality in Alberta) which would not
be effective until approved by the Minister. The Minister created a
Management Plan for Banff National Park which provided an overall
framework for development in Banff. The Incorporation Agreement
provided that the terms of the Management Plan were to prevail