National Parks of Canada Cottages Regulations (SOR/79-398)

Regulations are current to 2014-04-02

National Parks of Canada Cottages Regulations

SOR/79-398

CANADA NATIONAL PARKS ACT

Registration 1979-05-10

National Parks of Canada Cottages Regulations

P.C. 1979-1385 1979-05-09

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 make the annexed Regulations respecting cottages in National Parks in the townsites of Wasagaming, Waskesiu and Waterton Lakes and in the subdivisions of Clear Lake, Lakeview and Lake Edith.

 [Repealed, SOR/2004-35, s. 2]

INTERPRETATION

 In these Regulations,

“accessory building”

“accessory building” means a building or structure on a cottage lot that does not form part of the cottage; (dépendance)

“accessory use”

“accessory use”, with respect to land, an addition or a subordinate building or structure or part thereof, means a use that is subordinate or incidental to the principal permitted use of that land, addition, building or other structure; (usage secondaire)

“addition”

“addition”[Repealed, SOR/94-577, s. 1]

“cottage”

“cottage” means a building with facilities for sleeping, cooking, eating and sanitation; (chalet)

“cottage lot”

“cottage lot”[Repealed, SOR/94-577, s. 1]

“development”

“development” means the erection, alteration, reconstruction, structural repair, enlarging, demolition, removal or relocation of, or the addition to, a cottage or accessory building; (aménagement)

“development permit”

“development permit” means a permit issued pursuant to section 7; (permis d’aménagement)

“Director”

“Director”[Repealed, SOR/94-577, s. 1]

“erect”

“erect” includes to construct, excavate ground for a foundation, lay a foundation or remove or change the location or orientation of a cottage or accessory building or any part thereof; (construire)

“floor area”

“floor area” means the total horizontal area, measured between exterior faces of walls, of an accessory building and of each habitable storey of a cottage and includes the area of roofed porches and roofed terraces; (aire de plancher)

“front lot line”

“front lot line” means,

  • (a) in the case of an interior lot, an imaginary line drawn between the front lot corner survey posts that usually corresponds with the line delineating the public road right-of-way, and

  • (b) in the case of a corner lot

    • (i) with equal frontage, the front boundary line of the lot, and

    • (ii) with unequal frontage, the boundary line of the lot along the narrowest street frontage of the lot

    as designated by the superintendent; (limite avant du terrain)

“front yard”

“front yard” means that area of a lot that fronts on the public road right-of-way on which the majority of cottages have vehicular access and is usually the narrowest portion of the lot fronting on the road and includes an area of land extending across the full width of the lot and back from the front lot line to a cottage; (cour avant)

“front yard depth”

“front yard depth” means the minimum perpendicular distance from the front lot line to a cottage, clear of projections; (profondeur de la cour avant)

“height”

“height” means the vertical distance of a building measured from the lowest level of the surrounding grade to

  • (a) the parapet, in the case of an existing flat roof,

  • (b) the deck line, in the case of a mansard roof, or

  • (c) the mean height level between eaves and ridge, in the case of a gable, hip or gambrel roof; (hauteur)

“lessee”

“lessee” means the lessee of a cottage lot; (locataire)

“major alterations”

“major alterations” means alterations to an existing cottage or accessory building that increase its floor area by more than 10 per cent; (réparation majeure)

“minor alterations”

“minor alterations” means alterations to an existing cottage or accessory building that increase its floor area by 10 per cent or less; (réparation mineure)

“National Building Code”

“National Building Code” means the National Building Code of Canada, 1995, published by the National Research Council of Canada’s Institute for Research in Construction in 1995, as amended from time to time; (Code national du bâtiment)

“National Fire Code”

“National Fire Code” means the National Fire Code of Canada 1995 as amended from time to time; (Code national de prévention des incendies)

“one-half storey”

“one-half storey” means a storey that is under a roof and has at least two top wall plates located not more than 0.6 m above the floor of the storey; (demi)

“rear lot line”

“rear lot line” means

  • (a) in the case of a regular shaped lot, the boundary line connecting the rear lot pins, and

  • (b) in the case of an irregular shaped lot, an imaginary line drawn parallel to and at the maximum distance from the front lot line; (limite arrière du terrain)

“rear yard”

“rear yard” means that area of a lot that extends across the full width of the lot between the cottage or an accessory building and the rear lot line; (cour arrière)

“rear yard depth”

“rear yard depth” means the distance measured horizontally from the rear lot line to the nearest part of a cottage or main accessory building, clear of projections; (profondeur de la cour arrière)

“side lot line”

“side lot line” means the boundary line of a lot that connects the front lot corner pins to the corresponding rear lot corner pins; (limite latérale du terrain)

“side yard”

“side yard” means that area of a lot between the side lot line and the nearest part of a cottage or main accessory building, clear of projections; (cour latérale)

“side yard width”

“side yard width” means the distance measured horizontally from the nearest point of the side lot line toward the nearest part of a cottage or main accessory building, clear of projections; (largeur de la cour latérale)

“storey”

“storey” means that portion of a cottage or accessory building that comprises the space between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling above it; (étage)

“structural alteration”

“structural alteration”[Repealed, SOR/94-577, s. 1]

“Superintendent”

“Superintendent”[Repealed, SOR/94-577, s. 1]

“trailer”

“trailer” means a vehicle or portable structure having no foundation other than wheels, jacks or skirtings and constructed to permit occupancy for dwelling purposes or for the carrying of goods; (remorque)

“yard”

“yard” means the land contained within the property lines of a cottage lot that is not covered by a building or other structure. (cour)

  • SOR/94-577, ss. 1, 9;
  • SOR/97-307, s. 1;
  • SOR/2004-35, ss. 3, 7(F).

APPLICATION

 These Regulations apply to all lands leased for residential purposes in the visitor centre of Wasagaming and Clear Lake Resort Subdivision in Riding Mountain National Park of Canada, in the visitor centre of Waskesiu and Lakeview Resort Subdivision in Prince Albert National Park of Canada, in the visitor centre of Waterton Lakes Park in Waterton Lakes National Park of Canada and in Lake Edith Resort Subdivision in Jasper National Park of Canada.

  • SOR/2004-35, s. 4.

RESTRICTIONS

 No person shall, on a cottage lot,

  • (a) erect, alter, enlarge or reconstruct a cottage or an accessory building except in accordance with section 5 or 6;

  • (b) erect a cottage other than a one-family cottage;

  • (c) erect more than one cottage; or

  • (d) use an accessory building for sleeping or living accommodation or permit or allow it to be used for such a purpose.

COTTAGE REQUIREMENTS

  •  (1) Every cottage erected, altered, reconstructed, added to or enlarged after the coming into force of these Regulations shall comply with the following requirements:

    • (a) the floor area shall not exceed one hundred and eleven square metres, except in

      • (i) the visitor centre of Waterton Lakes Park and Lake Edith Resort Subdivision, where the maximum floor area shall be one hundred and fifty square metres, and

      • (ii) the visitor centre of Wasagaming and Clear Lake Resort Subdivision, where the maximum floor area shall, if no accessory building is used to accommodate guests overnight, be one hundred and thirty square metres;

    • (b) the front yard depth shall be at least six metres;

    • (c) the side yard width not abutting a street shall be at least two metres;

    • (d) the side yard width abutting a street shall be at least five metres;

    • (e) the rear yard depth shall be at least eight metres;

    • (f) the height shall not exceed one and one-half storeys or six metres, whichever is the lesser;

    • (g) the appearance of the cottage shall be compatible with the natural characteristics of the park in which it is located; and

    • (h) the development shall not adversely affect the characteristics of the surrounding area.

  • (2) Paragraph (1)(a) does not apply to the reconstruction of a cottage that was erected prior to May 10, 1979 and was subsequently damaged or destroyed by a natural or accidental cause.

  • (3) A cottage described in subsection (2) shall not be reconstructed to exceed the floor area of the cottage that existed prior to the damage or destruction.

  • SOR/85-1040, s. 1;
  • SOR/94-577, s. 2;
  • SOR/97-307, s. 2;
  • SOR/2004-35, s. 5.

ACCESSORY BUILDING REQUIREMENTS

 Every accessory building erected, altered, reconstructed, added to or enlarged after the coming into force of these Regulations shall comply with the following requirements:

  • (a) the total floor area in the aggregate of all accessory buildings on a cottage lot shall not exceed 37 square metres;

  • (b) the accessory building shall be located

    • (i) at least five metres from the cottage, clear of all projections,

    • (ii) clear of all projections, at least

      • (A) one metre from the lot lines, if it is located in that portion of a side or rear yard that does not abut on a street, or

      • (B) five metres from the lot lines if it is located in that portion of a side or rear yard that abuts on a street;

  • (c) the accessory building shall not be located in a front yard;

  • (d) the height shall not exceed three metres or one storey, whichever is the lesser;

  • (e) the building materials used for the exterior finish of the accessory building shall be of the same quality as those used for the cottage;

  • (f) the appearance of the accessory building shall be compatible with the cottage and the natural characteristics of the park in which it is located; and

  • (g) the development shall not adversely affect the characteristics of the surrounding area.

  • SOR/94-577, s. 3.

DEVELOPMENT PERMIT

  •  (1) Subject to section 9, no person shall erect, alter, reconstruct, repair the structure of, add to, enlarge, demolish, remove from a cottage lot or relocate on the same cottage lot a cottage or an accessory building unless a development permit for that purpose has first been issued by the superintendent.

  • (2) Every application for a development permit shall be made on a form provided by the superintendent and shall be accompanied by a non-refundable application fee of $50.

  • (3) On approval of the application, the application fee shall be credited to the development permit fees.

  • (4) The superintendent shall issue a development permit where

    • (a) in the case of a cottage, the proposed development meets the requirements set out in section 5; and

    • (b) in the case of an accessory building, the proposed development meets the requirements set out in section 6.

  • (5) On approval of an application for a development permit, the applicant shall pay the following development permit fees:

    • (a) $60 in the case of minor alterations; and

    • (b) $100 in the case of major alterations.

  • SOR/94-577, ss. 4, 9;
  • SOR/2004-35, s. 7(F).

 A development permit shall be valid for the period stated therein or, if no period is stated therein, for one year from the date the permit is issued.

 No development permit is required for repairs made in the course of normal maintenance of a building on a cottage lot that would not affect the structural integrity or susceptibility to fire of a cottage or an accessory building or substantially change its exterior appearance.

PLANS AND SPECIFICATIONS

 Every application for a development permit, other than for repairs to the structure, or the removal or demolition, of a cottage or an accessory building, shall be accompanied by the following documents:

  • (a) plans showing the building’s interior and exterior layout; and

  • (b) site plans.

  • SOR/94-577, s. 5.

NATIONAL BUILDING CODE AND NATIONAL FIRE CODE

 No person shall undertake a development unless the work is carried out in accordance with the applicable standards set out in the National Building Code or the National Fire Code.

  • SOR/94-577, s. 5;
  • SOR/97-307, s. 3.

MAINTENANCE STANDARDS

[SOR/94-577, s. 5]
  •  (1) No person shall erect, alter, repair, add to or enlarge a cottage or an accessory building except in accordance with the following minimum maintenance standards:

    • (a) every part of a cottage or an accessory building shall be maintained in a structurally sound condition, capable of safely sustaining its own weight and any load to which it may be subject;

    • (b) materials that have been damaged or that show evidence of rot or other deterioration shall be repaired or replaced;

    • (c) exterior walls shall be maintained to prevent deterioration that is due to weather, rot or insects by painting, restoring or repairing the walls, coping or flashing and by weatherproofing joints where required;

    • (d) a roof including its facia board, soffit, cornice and flashing shall be maintained in a watertight condition to prevent leakage of water into a dwelling;

    • (e) rotted or damaged doors, door frames, window frames, sashes and casings, broken glass and missing or defective door and window hardware shall be repaired or replaced;

    • (f) outside stairs or porches shall be maintained free from defects that constitute a hazard and all treads, riser and supporting structural members that are rotted or deteriorated shall be repaired or replaced;

    • (g) all plumbing, drain pipes, water pipes and plumbing fixtures in every cottage shall be maintained in good working order and free from leaks and defects;

    • (h) where the safety of a cottage requires minimum electrical standards, all electrical standards, and all electrical equipment installations and wiring in the cottage shall be in accordance with the requirements of

      • (i) C.S.A. C22.1 “Canadian Electrical Code, Part 1”, and

      • (ii) the laws of the province in which the Park is situated; and

    • (i) the electrical wiring and all electrical fixtures located or used in a cottage or an accessory building shall be maintained in good working order.

  • (2) No lessee shall permit his cottage or accessory building to deteriorate below the standards specified in subsection (1).

RIGHTS OF ENTRY AND INSPECTION

  •  (1) Where the superintendent of a park in which a cottage or an accessory building is located has reasonable grounds to believe that the cottage or accessory building does not conform to these Regulations, the superintendent may enter and inspect that cottage or accessory building, at a reasonable time and on producing proper identification, after

    • (a) the superintendent has given twenty-four hours notice to the occupant or, where there is no occupant, the owner; and

    • (b) the occupant or, where there is no occupant, the owner of the cottage or accessory building has given permission to the superintendent to enter.

  • (2) and (3) [Repealed, SOR/2004-35, s. 6]

  • SOR/94-577, s. 6;
  • SOR/2004-35, ss. 6, 7(F).

NOTICE

  •  (1) The superintendent, after carrying out an inspection pursuant to section 13 and determining that a cottage or an accessory building does not conform to these Regulations, shall issue a written notice to the occupant or owner of the cottage or accessory building specifying the remedial measures required to bring the cottage or accessory building up to the standards prescribed by these Regulations.

  • (2) The notice issued pursuant to subsection (1) shall specify a date by which the remedial measures are to be carried out.

  • SOR/94-577, ss. 6, 9;
  • SOR/2004-35, s. 7(F).

SUSPENSION AND CANCELLATION

  •  (1) The superintendent may suspend a development permit if he has reasonable grounds to believe that any work or operation under the permit has been conducted in violation of these Regulations.

  • (2) A development permit suspended pursuant to subsection (1) shall be reinstated if

    • (a) the holder of the permit is acquitted of any charge laid in respect of the alleged violation that was the grounds for the suspension; or

    • (b) no charge is brought against the holder of the permit in respect of an alleged violation within 30 days of the date of the suspension.

  • (3) The superintendent may cancel any development permit where the holder of the permit is found guilty of a violation of these Regulations.

  • SOR/94-577, s. 9;
  • SOR/2004-35, s. 7(F).

USES INCIDENTAL TO CONSTRUCTION

  •  (1) Subject to subsections (2) and (3), no person shall place on a cottage lot any construction apparatus or temporary structure other than a tool shed or scaffold necessary for construction on the cottage lot.

  • (2) Subject to subsection (3), the superintendent may permit a construction apparatus or temporary structure other than a tool shed or scaffold to be placed on a cottage lot where the construction apparatus or temporary structure is necessary for construction and does not adversely affect the appearance, safety, use, or enjoyment of surrounding properties.

  • (3) A construction apparatus or temporary structure permitted to be placed on a cottage lot pursuant to subsection (1) or (2), shall be removed by the holder of the development permit or an agent of the holder of the development permit immediately after completion of the construction.

  • SOR/94-577, s. 7;
  • SOR/2004-35, s. 7(F).

 Where any construction on a cottage lot is discontinued, abandoned or completed, or where a development permit has expired, all construction apparatus and temporary structures on the cottage lot shall immediately be removed by the lessee and in default thereof the superintendent may remove the construction apparatus and temporary structures and may reinstate the cottage lot and charge the costs of such removal and reinstatement to the lessee.

  • SOR/94-577, s. 9;
  • SOR/2004-35, s. 7(F).

STORAGE IN YARDS

  •  (1) A lessee may store in the rear or side yard of his cottage lot any garden equipment, garden furniture, firewood, boats, boat trailers and other items normally associated with the enjoyment of a cottage on condition that those items are stored in a manner that does not detract from the appearance of the cottage lot and does not interfere with the use and enjoyment of neighbouring cottage lots.

  • (2) No person shall store a cabin trailer, motor home or camper-truck on a cottage lot.

OFF-STREET PARKING FACILITIES

  •  (1) No person shall

    • (a) reconstruct, enlarge or erect any structure on a cottage lot without providing off-street automobile parking spaces in such locations as shall be approved by the superintendent; or

    • (b) provide off-street automobile parking spaces or parking within a front yard or within a side yard abutting a street, unless in the opinion of the superintendent, the special layout and terrain of the cottage lot does not allow a reasonable alternative.

  • (2) Each off-street automobile parking space shall measure not less than six metres by three metres.

  • (3) There shall be at least one off-street automobile parking space for each cottage lot.

  • SOR/94-577, s. 9;
  • SOR/2004-35, s. 7(F).

FENCES AND HEDGES

  •  (1) No person shall, on a cottage lot, construct a fence or cultivate a hedge that is incompatible with the natural characteristics of the park in which the cottage lot is located.

  • (2) Fences erected on a cottage lot shall not be in excess of one and one-half metres above grade in height and shall not be spiked or barbed so as to be a potential danger to persons or animals.

  • SOR/94-577, s. 8.

MOBILE ACCOMMODATION

 No person shall use a cabin trailer, motor home, camper-truck or tent on a cottage lot for the purpose of a temporary or permanent residence.

SWIMMING POOLS

 No person shall construct or install a swimming pool on a cottage lot.