National Parks of Canada Land Use Planning Regulations (SOR/2024-230)

Marginal note:Mandatory condition

13 The superintendent must make every permit subject to a condition that the project meet the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association.

Marginal note:Security

• The following provision is not in force.

  14 (1) The superintendent may make a permit subject to a condition that the permit holder deposit with the superintendent any security that the superintendent considers necessary as a guarantee that the permit holder will comply with the conditions of the permit and with these Regulations.

• The following provision is not in force.

  Marginal note:Prohibition

  (2) It is prohibited for a permit holder to begin carrying out a project before the security specified by the permit has been deposited with the superintendent.

• The following provision is not in force.

  Marginal note:Return of security

  (3) The superintendent must return the security to the permit holder after the certificate of completion is issued with respect to the project.

Marginal note:Expiry of permit

• The following provision is not in force.

  15 (1) A permit expires on the earlier of the second anniversary of the day on which the permit is issued or the expiry day specified in the permit.

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  Marginal note:Renewal of permit

  (2) The superintendent may, if the conditions referred to in paragraphs 11(1)(a) to (d) are met, renew a permit for a period of no more than 12 months and may make that permit subject to any additional conditions that the superintendent considers appropriate.

Marginal note:Issuance

16 The superintendent must issue a certificate of completion with respect to a project if the superintendent is satisfied that the permit holder has completed the project and has complied with all of the conditions of the permit and the requirements of these Regulations.

Marginal note:Occupancy authorization

17 The superintendent may include, in the certificate of completion, an authorization for the occupancy of any building, or any part of a building, and may make the authorization subject to conditions, such as that the occupancy be for a particular purpose.

Marginal note:Suspension

• The following provision is not in force.

  18 (1) The superintendent may suspend a permit or an occupancy authorization if the person who holds the permit or authorization has contravened a requirement of these Regulations or any condition of the permit or occupancy authorization.

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  Marginal note:Period of suspension

  (2) The permit or occupancy authorization is suspended until the day on which the superintendent notifies the person who holds the permit or authorization that it is reinstated.

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  Marginal note:Reinstatement

  (3) The superintendent must reinstate a suspended permit or occupancy authorization

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    (a) if the contravention that led to the suspension has been corrected;

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    (b) after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or

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    (c) if proceedings have been instituted, after the person who holds the permit or occupancy authorization has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.

Marginal note:Revocation

• The following provision is not in force.

  19 (1) The superintendent may revoke a permit or occupancy authorization if

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    (a) the superintendent has reasonable grounds to believe that the person who holds the permit or occupancy authorization has provided false or misleading information to the superintendent;

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    (b) the person who holds the permit or occupancy authorization is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit or occupancy authorization; or

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    (c) the permit or occupancy authorization has been suspended twice during the period for which it was issued, other than in any case where it was subsequently reinstated under paragraph 18(3)(b) or (c).

• The following provision is not in force.

  Marginal note:Conditions

  (2) The superintendent must not revoke a permit or occupancy authorization under paragraph (1)(a) unless the superintendent has given the holder of the permit or authorization written reasons and an opportunity to be heard, by written representation, in respect of the proposed revocation.

Marginal note:Notice

20 If the superintendent refuses to issue, amend or renew a permit or refuses to issue an occupancy authorization, or suspends or revokes a permit or occupancy authorization, the superintendent must provide notice in writing of their decision, including the reasons, to the applicant or to the holder of the permit or authorization, as the case may be.

Marginal note:Request for review

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  21 (1) Any person whose application for the issuance, amendment or renewal of a permit has been refused or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision no later than the 30th day after the day on which they receive the notice referred to in section 20. The request must be submitted in writing to the Chief Executive Officer and include the reasons for the request.

• The following provision is not in force.

  Marginal note:Decision of Chief Executive Officer

  (2) The Chief Executive Officer must direct the superintendent to issue or reinstate the permit if, after carrying out the review, the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect to

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    (a) in the case of a refusal to issue, amend or renew a permit, the requirements and matters to be considered under section 11; and

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    (b) in the case of a suspension or revocation of a permit, the reasons set out in section 18 or 19.

• The following provision is not in force.

  Marginal note:Conformity with codes

  (3) A decision of the superintendent is not reviewable by the Chief Executive Officer under this section if it is with respect to the conformity of a structure with any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association.

• The following provision is not in force.

  Marginal note:Notice of decision

  (4) The Chief Executive Officer must provide written notice of their decision, including the reasons, to the person who requested the review.

Marginal note:Maintenance

22 Every person who has a land use agreement for a parcel must ensure that any structure located on the parcel is maintained in good repair, including by ensuring that

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  (a) the structure is maintained in a structurally sound condition, capable of safely sustaining its own weight and any load to which it may be subject;

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

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  (c) exterior walls are maintained to prevent deterioration due to weather, rot or insects, including by painting, restoring or repairing the walls, coping and flashing and by weatherproofing joints;

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  (d) the roof, including its fascia board, soffit, cornice and flashing, is maintained in a watertight condition to prevent leakage of water into the structure;

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

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

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  (g) all plumbing, drain pipes, water pipes and plumbing fixtures are maintained in good working order and are free from leaks and defects;

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  (h) the electrical wiring and all electrical fixtures are maintained in good working order; and

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  (i) crawl spaces and areas under porches, landings and decks are securely enclosed to prevent wildlife access.

Marginal note:Appearance

23 Every person who has a land use agreement for a parcel must ensure that the appearance of the parcel, and of any structure located on the parcel, is compatible with the natural characteristics of the park in which it is located and the characteristics of the surrounding area.

Marginal note:Outdoor storage

24 Every person who has a land use agreement for a parcel must ensure that no item is stored outdoors on the parcel other than in a manner that does not detract from the appearance of the parcel and does not interfere with the use and enjoyment of nearby lands.

Marginal note:Application — section 26

25 Section 26 applies in respect of any lands leased or licensed for the purpose of residential occupancy in the following areas:

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  (a) the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada;

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  (b) the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada;

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  (c) the visitor centre of Waskesiu, the Lakeview Resort Subdivision and the Clare Beach Subdivision, located in Prince Albert National Park of Canada, excluding the whole of Blocks 11 to 23, as shown on plan No. 93824 filed in the Canada Lands Surveys Records at Ottawa, a copy of which has been deposited in the Saskatchewan Land Surveys Directory under No. 101942872; and

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  (d) the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada, excluding the whole of Block 64, as shown on plan No. 101515 filed in the Canada Lands Surveys Records at Ottawa, a copy of which has been deposited in the Land Titles Office in Neepawa under No. 54045.

Marginal note:Floor area of cottages

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  26 (1) Every person who holds a lease or licence of occupation for a parcel must ensure that the total floor area of all residential buildings located on the parcel does not exceed

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    (a) 130 m², in the case of the visitor centre of Waskesiu, the Lakeview Resort Subdivision and the Clare Beach Subdivision, located in Prince Albert National Park of Canada;

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    (b) 130 m², in the case of the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada;

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    (c) 150 m², in the case of the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada; and

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    (d) 150 m², in the case of the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada.

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  Marginal note:Measurement

  (2) For the purposes of subsection (1), the floor area must be measured between the interior faces of the walls for each habitable storey of the building and must include the floor area of any roofed porches and roofed terraces.

Marginal note:Application

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  27 (1) Any person who has a land use agreement for a parcel may apply for a compliance report in respect of a structure located on the parcel or in respect of the use of the structure or parcel. The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act.

• The following provision is not in force.

  Marginal note:Issuance

  (2) The superintendent must, on application, issue a compliance report in respect of the conformity of the structure or of the use with the requirements of these Regulations.

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  Marginal note:Deemed compliance

  (3) The compliance report must specify any requirement of these Regulations that is deemed to be met with respect to the structure or the use by reason of the application of subsection 45(1) or section 46, as the case may be.

Marginal note:Inspection

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  28 (1) Subject to section 30, the superintendent may, at any reasonable time and for the purpose of verifying compliance with the conditions of an authorization or permit or with the provisions of these Regulations, enter any place in a park

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    (a) in order to inspect a project carried out in accordance with an authorization or permit; or

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    (b) if the superintendent believes on reasonable grounds that a project has been, is being or is likely to be carried out in that place without an authorization or permit.

• The following provision is not in force.

  Marginal note:Duty to assist

  (2) The owner or person in charge of the place, and every person in the place, must give all assistance that is reasonably required for the superintendent to exercise their powers or carry out their duties and functions under subsection (1) and must provide the superintendent with any information that the superintendent may reasonably require for that purpose.