National Parks of Canada Domestic Animals Regulations (SOR/98-177)

Regulations are current to 2016-06-21 and last amended on 2010-06-17. Previous Versions

National Parks of Canada Domestic Animals Regulations

SOR/98-177

CANADA NATIONAL PARKS ACT

Registration 1998-03-19

National Parks of Canada Domestic Animals Regulations

P.C. 1998-401 1998-03-19

His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to subsection 7(1)Footnote a of the National Parks Act, hereby makes the annexed National Parks Domestic Animals Regulations, 1998.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act[Repealed, SOR/2005-350, s. 2]

domestic animal

domestic animal means an animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival. (animal domestique)

keep

keep[Repealed, SOR/2005-350, s. 2]

keeper

keeper[Repealed, SOR/2005-350, s. 2]

permit

permit means a permit issued under section 4. (permis)

physical control

physical control means

  • (a) in respect of a horse, donkey, mule or llama, restraint by a bridle, tether or hobble, or by such means as circumstances require;

  • (b) in respect of a domestic animal to which paragraph (a) does not apply, restraint by a leash that does not exceed 3 metres in length; or

  • (c) in all cases, confinement in a container, enclosure or motor vehicle suitable for keeping the animal. (moyen de retenue)

  • SOR/2005-350, s. 2.

Application

  •  (1) Subject to subsections (2) and (3), these Regulations apply to parks and, subject to sections 40 and 41 of the Canada National Parks Act, to park reserves as if they were parks.

  • (2) The provisions of these Regulations that are applicable to dogs are subject to the Wood Buffalo National Park Game Regulations.

  • (3) These Regulations do not apply in the town of Banff.

  • (4) The prohibition in paragraph 3(2)(b) and the requirement in section 5 that a domestic animal be kept under physical control do not apply

    • (a) in any park, in respect of a dog that is involved in a search and rescue operation or training for a search and rescue operation that is being conducted under the authorization of the superintendent; and

    • (b) in Wapusk National Park of Canada, in respect of a dog trained in the detection of, or protection from, polar bears that is being used in the park in that capacity.

  • (5) The provisions of paragraphs 5(a) and (b) that require a person to ensure that a domestic animal does not chase, molest, bite or injure wildlife or become a nuisance or cause unreasonable disturbance to wildlife does not apply in respect of a dog trained in the detection of, or protection from, polar bears that is being used in that capacity in Wapusk National Park of Canada if the wildlife in question is a polar bear.

  • (6) Section 3, subsections 4(1) to (4) and (6) to (8), paragraphs 5(a) to (c), sections 6 to 8 and subsections 9(1) to (4) and section 10 do not apply in the Town of Jasper.

  • SOR/2005-350, s. 3;
  • SOR/2010-23, s. 12;
  • SOR/2010-67, s. 26;
  • SOR/2010-140, s. 15.

Prohibitions and Restrictions

  •  (1) No person shall

  • (2) No person shall, except as authorized by a permit,

    • (a) keep a dog or cat in a park for more than 30 days in any year;

    • (b) bring a domestic animal into an area of a park that the superintendent has designated, by a sign or other clearly posted notice, as an area in which domestic animals are not permitted; or

    • (c) graze a horse, donkey, mule or llama in a park.

  • (3) Despite subsections (1) and (2), a person may transport a domestic animal by vehicle directly through a park if the vehicle does not stop in the park other than for service to the vehicle or for emergency purposes.

  • SOR/2005-350, ss. 4, 13(F).

 No person shall bring into or keep in a park a domestic animal that has an infectious disease or a disease that is dangerous to humans, other domestic animals or wildlife in the park.

  • SOR/2005-350, s. 5.

Permits

  •  (1) The superintendent shall, on application, issue a permit authorizing the permit holder to

    • (a) keep a dog or cat in a park for more than 30 days in any year;

    • (b) bring a dog, cat, horse, donkey, mule or llama into an area referred to in paragraph 3(2)(b); or

    • (c) graze a horse, donkey, mule or llama in a park.

  • (1.1) Despite subsection 3(1), the superintendent of Grasslands National Park of Canada may, to facilitate grazing for ecological purposes in the park, on application, issue a permit authorizing the permit holder to graze any domestic animal that is a herbivore in the park.

  • (2) The permits referred to in subsections (1) and (1.1) expire on the earlier of

    • (a) the date of cancellation of the permit, and

    • (b) March 31 of the fiscal year for which the permit was issued.

  • (3) Where a tag is issued with a permit, the permit holder shall ensure that the tag is securely fixed on the means of physical control of the domestic animal.

  • (4) The permit shall contain

    • (a) the name of the permit holder;

    • (b) standard conditions that shall be specified by the superintendent in respect of

      • (i) the area and period of authorized grazing, and

      • (ii) a description sufficient to identify the domestic animal; and

    • (c) any supplementary conditions related to grazing that may be specified by the superintendent for the purposes of the preservation, control and management of the park, including the maintenance or restoration of its ecological integrity, the protection of its cultural, historical or archaeological resources, public safety and the preservation of public health in the park and the enjoyment of persons visiting the park.

  • (5) Notwithstanding anything in these Regulations, the superintendent shall, where it is necessary to do so for the protection of the natural resources of the park or for the safety of the public, prohibit the entrance of a species of domestic animal into the park or into a portion of it.

  • (6) The superintendent shall refuse to issue and shall by written notification cancel a permit if the presence of the domestic animal or the activity in question would be detrimental or is found to be detrimental to the natural resources of the park, to park property, or to the health or safety of the public.

  • (7) A permit applies only in respect of the domestic animal for which it is issued.

  • (8) A permit holder shall produce the permit at the request of the superintendent, a park warden or an enforcement officer.

  • SOR/2005-350, ss. 6, 13(F).

Control of Domestic Animals

 Every person who brings a domestic animal into a park or who keeps a domestic animal in a park shall have the animal under physical control at all times and shall ensure that the animal does not

  • (a) chase, molest, bite or injure any person, other domestic animal or wildlife;

  • (b) become a nuisance or cause unreasonable disturbance to persons, wildlife, property or facilities; or

  • (c) gain access to an area where the animal is prohibited.

  • SOR/2005-350, s. 7.

 In the Town of Jasper, every person who keeps a domestic animal shall ensure that the animal does not

  • (a) chase, molest, bite or injure wildlife;

  • (b) become a nuisance or cause disturbance to wildlife; or

  • (c) gain access to an area where the animal is prohibited.

  • SOR/2010-23, s. 13.
 
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