National Parks General Regulations (SOR/78-213)

Regulations are current to 2017-10-13 and last amended on 2017-02-13. Previous Versions

National Parks General Regulations

SOR/78-213

CANADA NATIONAL PARKS ACT

Registration 1978-03-03

General Regulations for the Control and Management of National Parks

P.C. 1978-596 1978-03-02

His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 7(1) of the National Parks Act, is pleased hereby to revoke the National Parks General Regulations made by Order in Council P.C. 1954-1918 of 8th December, 1954Footnote 1, as amendedFootnote 2, and to make the annexed General Regulations for the control and management of National Parks.

Short Title

 These Regulations may be cited as the National Parks General Regulations.

Interpretation

 In these Regulations,

Act

Act means the National Parks Act; (version anglaise seulement)

cave

cave means any subterranean cavern or area, either natural or man-made; (cavernes)

commercial boat

commercial boat means a vessel that carries persons or cargo for hire or reward and includes a vessel chartered or hired for pleasure purposes by or on behalf of the persons carried on the vessel. (bateau commercial)

Director

Director[Repealed, SOR/93-167, s. 1]

explosive

explosive means gunpowder, blasting powder, nitroglycerine, gun-cotton, dynamite, blasting gelatine, gelignite, fulminates of mercury or other metals, coloured fires and every other substance made, manufactured or used to produce a violent effect by explosion or a pyrotechnic effect and includes fuses, fireworks, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, railway track torpedoes, fusees and other signals and every other adaptation or preparation of any such substance; (explosifs)

flora

flora means any plant matter, living or dead, and includes fungi and moulds; (version anglaise seulement)

Minister

Minister[Repealed, SOR/93-167, s. 1]

moor

moor means to make fast or tie up a watercraft to a wharf or to another watercraft or to use a space or stall at a wharf and includes to dock, beach, store or anchor a watercraft; (amarrage)

natural object

natural object means any natural material, soil, sand, gravel, rock, mineral, fossil or other object of natural phenomenon not included within the terms flora and fauna that is located within a Park; (matières naturelles)

Park

Park[Repealed, SOR/94-267, s. 1(E)]

public recreational facilities

public recreational facilities means a lawn bowling green, golf course, swimming pool and assembly hall in a park; (installation récréative publique)

Superintendent

Superintendent[Repealed, SOR/93-167, s. 1]

watercourse

watercourse means any river, stream, brook, lake, pond, creek or other flowing or standing water in a Park; (version anglaise seulement)

watercraft

watercraft means any boat, canoe, raft, amphibious craft or other type or class of vessel; (embarcation)

wharf

wharf means any wharf, dock, pier, jetty, quay, landing, breakwater, mole or sea-wall or any floating structure or device that may be used to moor watercraft. (quais)

  • SOR/82-949, s. 1;
  • SOR/88-12, s. 1;
  • SOR/91-142, s. 1(F);
  • SOR/93-167, s. 1;
  • SOR/94-267, s. 1(E);
  • SOR/94-512, s. 1.

Application

 Sections 28 to 35, 37 and 39 do not apply in the Town of Banff.

  • SOR/90-235;
  • SOR/98-252, s. 1.

 Subsections 5(1) and (2), sections 29 to 31, paragraphs 32(1)(a) and (b) and sections 33 to 35, 37 and 39 do not apply in the Town of Jasper.

  • SOR/2010-23, s. 3.

Use of Public Lands or other Public Property Within a Park

 A person may use or occupy public lands or other public property within a Park if that person does so in accordance with the Act, the regulations made thereunder and any agreement made between the Government of Canada and the government of the province within which the Park is situated.

 The Minister may, from time to time, arrange to have public lands in a Park surveyed or resurveyed

  • (a) into lots in townsites or other subdivisions;

  • (b) for any right-of-way of the type referred to in subsection 6(2) of the Act;

  • (c) for the purposes of schools, hospitals, churches and the entertainment of persons visiting the Park; and

  • (d) for the purposes of a cemetery.

Public Recreational Facilities

  •  (1) The superintendent may, by posting notices on or in the immediate vicinity of public recreational facilities, fix the days and the hours of the day during which such facilities shall be open to the public.

  • (2) Except with the permission of the superintendent, no person shall enter on or use public recreational facilities when they are closed to the public.

  • (3) and (4) [Repealed, SOR/94-512, s. 2]

  • (5) In Georgian Bay Islands National Park and St. Lawrence Islands National Park, no person shall use firewood supplied by the superintendent unless that person is issued a camping permit pursuant to the National Parks Camping Regulations or is issued a firewood permit.

  • (6) In Georgian Bay Islands National Park and St. Lawrence Islands National Park, a shower permit, a firewood permit and a mooring permit may be obtained at designated self-registration sites.

  • (7) and (8) [Repealed, SOR/94-512, s. 2]

  • SOR/82-949, s. 1(F);
  • SOR/86-582, s. 1;
  • SOR/88-12, s. 2;
  • SOR/89-287, s. 1;
  • SOR/91-560, s. 1;
  • SOR/92-251, s. 1;
  • SOR/93-167, s. 6(E);
  • SOR/94-512, s. 2.

Hazardous Activities

  •  (1) The superintendent may require any person to register at the office of the superintendent or at such other place as may be specified by the superintendent prior to and on completing, in a Park, any activity that, in the opinion of the superintendent, may present a hazard to the person.

  • (2) The superintendent shall designate any activity in respect of which registration is required pursuant to subsection (1) by posting notices at the office of the superintendent, at all information offices or centres located in a Park and at any place specified by the superintendent pursuant to subsection (1).

  • (3) No person shall, in a Park, undertake any activity designated by the superintendent pursuant to subsection (2) without registering as required by the superintendent

    • (a) prior to undertaking any such activity; and

    • (b) immediately on completing or returning from such activity.

  • (4) Where an activity has not been designated by the superintendent pursuant to subsection (2), a person who wishes to do so may, prior to undertaking that activity, register at the office of the superintendent or at such other place as may be specified by the superintendent, on condition that the person register again immediately on completing or returning from that activity.

  • SOR/82-949, s. 1(F);
  • SOR/93-167, s. 6(E).

Restricted and Prohibited Activities, Uses and Travel

  •  (1) The superintendent may, where it is necessary for the proper management of the Park to do so, designate certain activities, uses or entry and travel in areas in a Park as restricted or prohibited.

  • (2) Notice of a restriction or prohibition referred to in subsection (1) shall be posted by the superintendent at park warden offices and information bureaus in the Park or at entrances to the Park.

  • (3) A notice posted in accordance with subsection (2) shall include

    • (a) a description of the activity or use to which the restriction or prohibition applies;

    • (b) the extent of restriction, where an activity or use is being restricted;

    • (c) a description of the area to which the restriction or prohibition of entry or travel in that area applies; and

    • (d) a map of the area in which the restriction or prohibition, applies, where that area is not the total area of the Park.

  • (4) No person shall engage in an activity or use or enter and travel in an area that has been designated as restricted or prohibited pursuant to subsection (1) otherwise than in accordance with the terms and conditions prescribed in a permit issued under subsection (5).

  • (5) The superintendent may, on application to him by any person, in respect of any activity or use restricted or prohibited pursuant to subsection (1) or any entry and travel in an area that has been restricted or prohibited, pursuant to that subsection, issue to that person a permit to

    • (a) engage in that activity or use, or

    • (b) enter and travel in that area

    on such terms and conditions as the superintendent may prescribe in the permit.

  • (6) The superintendent may, if it is necessary for the preservation, control and management of the Park, suspend or revoke a permit issued under subsection (5).

  • SOR/82-949, ss. 1(F), 2;
  • SOR/93-167, s. 6(E);
  • SOR/2017-21, s. 10.
 
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