Wapusk National Park of Canada Park Use Regulations (SOR/2010-67)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Canada National Parks Act. (Loi)

all-terrain vehicle

all-terrain vehicle means a tracked, wheeled or air-cushioned motorized vehicle designed for travel over trails, marshlands, muskeg, sand, snow or trackless terrain, but does not include a tundra vehicle. (véhicule tout-terrain)

caribou

caribou means a member of the genus Rangifer and includes any part or any derivative of such animal. (caribou)

Chief Executive Officer

Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)

fur-bearing animal

fur-bearing animal means an animal of the following species or type or any part or any derivative of such animal: beaver, short-tailed weasel, long-tailed weasel, coyote, fisher, arctic fox, red fox, river otter, badger, bobcat, marten, mink, muskrat, red squirrel, wolverine, raccoon and lynx. (animal à fourrure)

local use permit

local use permit means a permit issued under section 6. (permis d’utilisation locale)

local user

local user means

• (a) any person who has resided in the Local Government District of Churchill or in any settlement along the Hudson Bay Railway from Bird northward for at least five consecutive years within the period that began on April 24, 1976 and ended on April 24, 1996, and for at least six consecutive months at the time of making an application for recognition as a local user; and

• (b) any person who is a son or daughter of, or an individual adopted in fact by, a person described in paragraph (a). (utilisateur local)

Manitoba trapping permit

Manitoba trapping permit means a permit issued by Manitoba to a resident of Manitoba that authorizes them to trap fur-bearing animals on a registered trapline in the park. (permis de piégeage du Manitoba)

park

park means Wapusk National Park of Canada. (parc)

resource harvest cabin

resource harvest cabin means a rudimentary building in the park that is used primarily for the carrying out of traditional activities and for the exercise of the rights referred to in subsection 2(2) of the Act. (cabane de récolte des ressources)

species

species includes a subspecies, variety or geographically or genetically distinct population of an animal or plant. (espèce)

traditional activity

traditional activity means any of the activities described in paragraphs 3(a) to (c). (activité traditionnelle)

tundra vehicle

tundra vehicle means any tracked or wheeled motorized vehicle designed to provide enclosed seating or accommodation for at least 10 passengers and designed or adapted for cross-country travel on land, wetlands, snow or ice. (véhicule de toundra)

Application

2 In the event of an inconsistency between these Regulations and any other regulations made under the Act, these Regulations prevail to the extent of the inconsistency.

Traditional Activities

3 For the purposes of section 17 of the Act, the following activities that are carried out in the park are traditional renewable resource harvesting activities:

• (a) the gathering of berries, deadwood, flowers and other natural products of the land for domestic use;

• (b) the trapping of fur-bearing animals; and

• (c) the hunting of caribou for domestic consumption.

• 4 (1) A local user may carry out a traditional activity in the park if they are the holder of a local use permit that authorizes them to do so.

• (2) A local user may hunt or possess caribou, or trap or possess fur-bearing animals, in the park if, in addition to being the holder of a local use permit, they are the holder of

  • (a) in respect of the hunting or possession of caribou, a permit issued by Manitoba that authorizes them to hunt caribou in Manitoba; and

  • (b) in respect of the trapping or possession of fur-bearing animals, a Manitoba trapping permit.

• (3) A local user may operate an all-terrain vehicle in the park while they are carrying out a traditional activity in accordance with their local use permit.

• 5 (1) The superintendent shall, each year, for the purpose of the protection of caribou, fur-bearing animals and other fauna and flora in the park and for the maintenance or restoration of the ecological integrity of the park, determine

  • (a) those areas in the park in which traditional activities will be permitted or restricted, taking into account all-terrain vehicle access and the proximity of resource harvest cabins;

  • (b) those areas in the park in which all-terrain vehicle use will be permitted, restricted or prohibited, taking into account the preservation, control and management of the park and the safety of the persons who will be carrying out activities in the park;

  • (c) the beginning and length of the season during which each traditional activity may be carried out;

  • (d) any limit that needs to be placed on the number of local use permits to be issued in respect of a traditional activity, including by reason of the availability of resource harvest cabins; and

  • (e) any limit that needs to be placed on

    • (i) the species or quantity of berries or flowers, or the quantity of deadwood or other natural products, that may be gathered,

    • (ii) the species or number of any species of fur-bearing animals that may be trapped, and

    • (iii) the species or number of any species of caribou that may be hunted.

• (2) The superintendent may, at any time, for the purposes of management of the park, public safety or the conservation of natural resources, close areas of the park to a traditional activity for any period that the superintendent determines necessary.

6 Subject to the other provisions of these Regulations, the superintendent may, on application in accordance with section 7, issue a local use permit to a local user authorizing them to carry out one or more traditional activities in the park.

7 An application for a local use permit shall be submitted to the superintendent on the form provided by the superintendent and shall include the following information:

• (a) the name and date of birth of the applicant and the address of their permanent residence;

• (b) written evidence that the applicant is a local user;

• (c) in the case of a local use permit to hunt caribou, a copy of the permit issued by Manitoba that authorizes them to hunt caribou in that province; and

• (d) in the case of a local use permit to trap fur-bearing animals, a copy of their Manitoba trapping permit.

• 8 (1) Every local use permit shall contain

  • (a) the name and date of birth of the permit holder;

  • (b) the address of the permanent residence of the permit holder;

  • (c) the period of validity of the permit, which shall be one year;

  • (d) a statement that the transfer or assignment of the permit is prohibited;

  • (e) a description of the traditional activity that the permit holder is authorized to carry out;

  • (f) in the case of a permit to trap fur-bearing animals, a description of the method to be used by the permit holder to indicate their traps and trails;

  • (g) a statement that contravention of a condition of the permit constitutes an offence under section 24 of the Act; and

  • (h) having regard to the determinations made under subsection 5(1), any conditions that are specified by the superintendent to be included in all local use permits that are issued for a given season for a particular traditional activity in respect of the matters set out in paragraphs (a) to (e) of that subsection.

• (2) Despite paragraph (1)(c), local use permits shall not authorize the hunting of caribou or the trapping of fur-bearing animals after April 24, 2031.

• (3) The superintendent may specify that all local use permits that are issued for a given season for a particular traditional activity — and any incidental all-terrain vehicle use — include any supplementary conditions required to ensure the protection of caribou, fur-bearing animals and other fauna and flora and natural resources in the park and for the preservation, control and management of the park, including the maintenance or restoration of its ecological integrity.

9 The holder of a local use permit shall sign their permit on receipt.

• 10 (1) Every holder of a local use permit shall carry it with them whenever they are in the park, and, on request by a park warden or an enforcement officer, shall produce it for examination.

• (2) Every holder of a local use permit to hunt caribou or trap fur-bearing animals shall carry with them — whenever they are in the park — the permit that was issued to them by Manitoba in respect of the traditional activity to which the local use permit applies, and shall, on request by a park warden or an enforcement officer, produce that permit for examination.

• 11 (1) The superintendent may suspend a local use permit if

  • (a) the permit holder fails to comply with these Regulations or the terms and conditions of the permit; or

  • (b) the permit issued by Manitoba to the permit holder in respect of the traditional activity to which the local use permit applies is suspended.

• (2) The superintendent may reinstate a suspended local use permit if the failure that gave rise to the suspension has been remedied by the permit holder.

• (3) The superintendent may revoke a local use permit if

  • (a) the permit holder is convicted of an offence in respect of a contravention of these Regulations;

  • (b) the permit issued by Manitoba to the permit holder in respect of the traditional activity to which the local use permit applies is revoked; or

  • (c) the local use permit has been suspended twice during its period of validity.

• (4) A person whose local use permit has been revoked under subsection (3) is not eligible to apply for another within the 12-month period following the revocation.

Tundra Vehicle Operation

12 No person shall operate a tundra vehicle in the park unless they are

• (a) the holder of a permit issued under section 13; or

• (b) an employee of a permit holder referred to in paragraph (a).

• 13 (1) The superintendent may, on application, issue a permit to operate a tundra vehicle in the park to any commercial operator who is licensed under the National Parks of Canada Businesses Regulations to provide commercial tourism services in the park.

• (2) Every permit issued under this section shall contain

  • (a) the name of the permit holder and the address of their permanent residence;

  • (b) the names of all employees of the permit holder whom the permit holder authorizes to operate a tundra vehicle and the addresses of their permanent residences;

  • (c) the date of issuance of the permit;

  • (d) a statement that the transfer or assignment of the permit is prohibited;

  • (e) a description of the duties of the permit holder and the tundra vehicle operator;

  • (f) a statement that contravention of a condition of the permit constitutes an offence under section 24 of the Act; and

  • (g) any conditions that are specified by the superintendent in respect of

    • (i) the period of validity of the permit,

    • (ii) the areas in the park in which a tundra vehicle may be operated, and

    • (iii) any measures to be taken by the permit holder and the tundra vehicle operator that are necessary to protect the ecological integrity of those areas.

• (3) The permit holder shall sign their permit on receipt.

• (4) Every person who is operating a tundra vehicle in the park shall carry the permit that authorizes their operation of the vehicle with them, and, on request by a park warden or an enforcement officer, shall produce the permit for examination.

• 14 (1) The superintendent may suspend a permit issued under section 13 if the permit holder or the tundra vehicle operator fails to comply with these Regulations or the terms and conditions of the permit.

• (2) The superintendent may reinstate a suspended permit if the failure that gave rise to the suspension has been remedied.

• (3) The superintendent may revoke the permit if

  • (a) the permit holder or the tundra vehicle operator is convicted of an offence in respect of a contravention of these Regulations; or

  • (b) the permit has been suspended twice during its period of validity.

• (4) A person whose permit has been revoked under subsection (3) is not eligible to apply for another within the 12-month period following the revocation.

Resource Harvest Cabin Use

15 Resource harvest cabins may be used only for the following purposes:

• (a) the carrying out of traditional activities;

• (b) trapping by aboriginal persons on a registered trapline in the park;

• (c) the exercise in the park, by aboriginal persons, of the rights referred to in subsection 2(2) of the Act; and

• (d) the carrying out by employees of the Parks Canada Agency of functions related to management of the park.

16 No person shall construct, alter, re-build or occupy a resource harvest cabin unless they are the holder of a permit issued under section 17.

• 17 (1) The superintendent may issue a permit authorizing the construction, alteration, re-building or occupation of a resource harvest cabin to

  • (a) a holder of a local use permit, or an aboriginal person who is the holder of a Manitoba trapping permit that authorizes them to trap fur-bearing animals in the park; or

  • (b) an aboriginal person who is exercising, in the park, the rights referred to in subsection 2(2) of the Act.

• (2) The superintendent may issue only one permit for the construction of a resource harvest cabin on a registered trapline.

• (3) Every permit shall specify

  • (a) the location of the resource harvest cabin;

  • (b) the name of the owner of the resource harvest cabin;

  • (c) the activity or activities for which the resource harvest cabin may be used; and

  • (d) the period of validity of the permit, which shall be one year.

18 Every person who constructs, alters or rebuilds a resource harvest cabin shall ensure that it meets the following criteria:

• (a) the floor area of the cabin shall not exceed 29.73 m²;

• (b) the height of the cabin shall not exceed 5 m;

• (c) the cabin shall not have indoor plumbing or sewer service;

• (d) the cabin shall not have a basement or a permanent foundation; and

• (e) the cabin shall be equipped with a fire extinguisher.

19 Every person who constructs, alters, re-builds or occupies a resource harvest cabin shall keep the cabin in good repair and shall ensure that the construction site, if applicable, is kept in a neat and safe condition.

20 Every person who constructs, alters, re-builds or occupies a resource harvest cabin shall remove all garbage, including animal remains, from the cabin and the cabin site and shall dispose of the garbage at a disposal site that is approved by Manitoba and situated outside the park.

Firearms

• 21 (1) No person shall be in possession of, carry, transport or discharge a firearm in the park unless they are the holder of a permit issued by the superintendent under section 22.

• (2) Subsection (1) does not apply to

  • (a) the superintendent, a park warden, an enforcement officer or any other employee of the Parks Canada Agency who is carrying out functions related to the management of the park; or

  • (b) an aboriginal person who is exercising, in the park, the rights referred to in subsection 2(2) of the Act.

22 The superintendent may, on application, issue a permit to the holder of a local use permit to hunt caribou authorizing them to be in possession of, carry, transport and discharge a firearm in the park for the purpose of carrying out that traditional activity, in the following circumstances:

• (a) the person possesses a registration certificate issued under the Firearms Act for the firearm to be identified in their permit;

• (b) the person is authorized under the Firearms Act

  • (i) to be in possession of that type of firearm, and

  • (ii) to carry and transport the firearm;

• (c) the person has submitted with their application a detailed summary of their experience of, and skill at, travelling in the park and the adjacent region; and

• (d) the person has submitted with their application a detailed summary of their skills and experience that demonstrates that they are qualified to safely possess, carry, transport and discharge the firearm in the park.

Notice and Review of Decisions

23 If the superintendent refuses to issue a permit or suspends or revokes a permit, the superintendent shall, as soon as possible after making their decision, provide written notice of it, including reasons, to the applicant or permit holder, as applicable.

• 24 (1) Any person to whom the superintendent has refused to issue a permit or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice described in section 23.

• (2) On receipt of the written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the permit if the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect

  • (a) in the case of a refusal, to the requirements and matters to be considered as set out in these Regulations; and

  • (b) in the case of a suspension or revocation, to the reasons set out in section 11 or 14, as the case may be.

• (3) The Chief Executive Officer shall provide written notice of his or her decision, including reasons, to the person who requested the review.

Consequential Amendments

National Parks of Canada Aircraft Access Regulations

25 [Amendment]

National Parks of Canada Domestic Animals Regulations

26 [Amendment]

27 [Amendment]

28 [Amendment]

Coming into Force

29 These Regulations come into force on March 26, 2010.