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

Regulations are current to 2017-11-20

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).
 
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