PROHIBITED ACTIVITIES

Marginal note:Definitions

• 18. (1) The following definitions apply in this section.

  “hunt”

  « chasser »

  “hunt” means to kill, injure, seize, capture or trap a wild animal, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at a wild animal for any of those purposes.

  “possess”

  « possession »

  “possess” includes, in relation to any person, knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person.

  “traffic”

  « trafic »

  “traffic” means to sell, offer for sale, buy, offer to buy, exchange, give, send, transport or deliver.

  “wild animal”

  « animal sauvage »

  “wild animal” means any individual of the animal kingdom that is not — or is no longer — domesticated, whether living or dead, at any developmental stage — including any egg or embryo — and any part or any derivative of such an individual.

• Marginal note:Prohibited activities

  (2) Except as permitted under this Act, it is prohibited to

  • (a) traffic in a wild animal, a plant, a part of a plant, any other naturally occurring object or product of natural phenomena or a cultural, historical or archaeological resource, whether it is in the Park or has been removed from it;

  • (b) hunt a wild animal in the Park;

  • (c) remove a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena from the Park;

  • (d) possess a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it;

  • (e) disturb, harm or destroy a wild animal or disturb, damage or destroy a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it;

  • (f) harvest timber in the Park;

  • (g) explore for minerals, oil or gas, or conduct an extractive activity, including mining, in the Park;

  • (h) dump or dispose of any substance in the Park;

  • (i) disturb a cultural, historical or archaeological resource in the Park, remove one from it or, whether it is in the Park or has been removed from it, damage, alter, destroy or possess one; or

  • (j) remove a park facility or other park property from the Park or, whether it is in the Park or has been removed from it, damage, alter or destroy a park facility or other park property.

• Marginal note:Exception — superintendent

  (3) Subsection (2) does not apply to the superintendent when he or she is performing his or her functions related to the management of the Park or to any other person authorized by the superintendent when they are performing those functions on the superintendent’s behalf.

• Marginal note:Exception — rescue and rehabilitation of animals

  (4) Subsection (2) does not apply to activities carried out by an organization whose purpose is the rescue and rehabilitation of wild animals if that organization has been authorized by the Minister to carry out those activities.

• Marginal note:Exception — recreational fishing

  (5) Recreational fishing is permitted in the Park, subject to any regulations that may be made under paragraph 20(1)(f).

AGRICULTURAL ACTIVITIES

Marginal note:For greater certainty

19. For greater certainty, subsections 17(1) and 18(2) do not prevent the carrying out of agricultural activities by a lessee of public lands in the Park in accordance with their lease.

REGULATIONS

Marginal note:Regulations

• 20. (1) The Governor in Council may make regulations respecting

  • (a) the preservation, control and management of the Park;

  • (b) the protection of flora, fauna, soil, waters, fossils, natural features and air quality;

  • (c) the protection, management, acquisition, disposition, disturbance, altering, removal or destruction of cultural, historical or archaeological resources;

  • (d) the taking of specimens of flora or fauna for scientific or propagation purposes, and the destruction or removal of dangerous or superabundant flora or fauna;

  • (e) the authorization of the use of lands in the Park, and the use or removal of flora and other natural objects, by Aboriginal people for traditional spiritual or ceremonial purposes;

  • (f) the management and regulation of fishing;

  • (g) the prevention and remedying of any pollution of land or water or any obstruction of waterways;

  • (h) the prevention and extinguishment of fires in the Park or threatening the Park;

  • (i) the issuance, amendment and termination of leases, licences of occupation and easements or servitudes, and the acceptance of the surrender of leases and the relinquishment of licences of occupation and easements or servitudes, of or over public lands in the Park;

  • (j) the restriction or prohibition of activities in the Park and the control of the use of resources and facilities in the Park;

  • (k) the establishment, operation, maintenance and administration and use of works and services of a public character, such as water, sewage, electricity, telephone, gas, fire protection and garbage removal and disposal;

  • (l) the establishment, maintenance, administration and use of roads, streets, highways, parking areas, sidewalks, streetworks, trails, wharves, docks, bridges and other improvements, and the circumstances under which they must be open or may be closed to public traffic or use;

  • (m) the control of traffic on roads, streets and highways and elsewhere in the Park, including the regulation of the speed, operation and parking of vehicles;

  • (n) the control of the location, standards, design, materials, construction, maintenance, removal and demolition of buildings, structures, facilities, signs and other improvements and the establishment of zones governing uses of land and buildings;

  • (o) the control of agriculture, businesses, trades, occupations, amusements, sports and other activities or undertakings, and the places where those activities or undertakings may be carried on;

  • (p) the preservation of public health and the prevention of disease;

  • (q) the inspection of buildings, structures, facilities and other improvements for the purpose of the enforcement of regulations made under paragraphs (n) to (p);

  • (r) the abatement and prevention of nuisances;

  • (s) the use, transportation and storage of pesticides and other toxic substances;

  • (t) public safety, including the control of firearms;

  • (u) the control of domestic animals, including the impounding or destruction of such animals found at large;

  • (v) the control of access to the Park by aircraft;

  • (w) the summary removal from the Park, by park wardens or enforcement officers, of persons found contravening specified provisions of this Act, the regulations or the Criminal Code, and the exclusion from the Park for prescribed periods of those persons or persons convicted of offences under those provisions;

  • (x) the acquisition or the sale of souvenirs, consumer articles and publications; and

  • (y) the removal of private property and the disposal of abandoned property.

• Marginal note:Superintendent’s powers

  (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations,

  • (a) to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park;

  • (b) to issue, amend, suspend and revoke permits, licences and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions; and

  • (c) to order the taking of any action to counter any threat to public health or to remedy the consequences of any breach of the regulations.

Marginal note:Land claims agreements

• 21. (1) The Governor in Council may make regulations respecting the carrying on of traditional renewable resource harvesting activities in any area of the Park in the case where an agreement for the settlement of an Aboriginal land claim entered into by the Government of Canada makes provision for those activities in that area or where Aboriginal people have existing Aboriginal or treaty rights to those activities in that area.

• Marginal note:Variation by superintendent

  (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations, to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park.

Marginal note:Incorporation by reference

• 22. (1) Regulations made under this Act may incorporate by reference any documents produced by a person or body other than the Minister or the superintendent.

• Marginal note:Reproduced or translated material

  (2) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent reproduces or translates from documents produced by a body or person other than the Minister or the superintendent

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulations; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulations.

• Marginal note:Jointly produced documents

  (3) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent produces jointly with another government for the purpose of harmonizing the regulations with other laws.

• Marginal note:Internally produced standards

  (4) Regulations made under this Act may incorporate by reference technical or explanatory documents that the Minister or the superintendent produces, including

  • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (5) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

• Marginal note:Accessibility

  (7) The Minister must ensure that any document that is incorporated by reference in the regulations is accessible.

• Marginal note:Defence

  (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulations is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person.

• Marginal note:No registration or publication

  (9) For greater certainty, a document that is incorporated by reference in the regulations is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.