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

Marginal note:Superintendent’s order

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  29 (1) The superintendent may order the taking of any action in the park that the superintendent considers appropriate to counter a threat to public health or to remedy the consequences of a contravention of these Regulations, including ordering a person to

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    (a) stop work on a project;

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    (b) stop the use or occupation of a structure, in whole or in part; or

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    (c) demolish, remove, repair or replace a structure.

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  Marginal note:Taking of action by superintendent

  (2) Subject to section 30, if the action ordered by the superintendent under subsection (1) is not taken, the superintendent may, at any reasonable time and on reasonable notice, enter any place, including any structure, in which the action was to be taken, and may take that action.

Marginal note:Exception — dwelling‑place

30 The superintendent must not enter a dwelling‑place, or any place that is intended to be used and is being used as a permanent or temporary dwelling‑place, unless the superintendent has given notice to the occupant at least 24 hours in advance and obtained their consent to enter.

Marginal note:Definition of subdivision

31 In sections 32 to 40, subdivision means the division of a parcel into two or more parcels, the consolidation of two or more parcels or an alteration to the boundaries of parcels where they are adjoining.

Marginal note:Application for preliminary approval

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  32 (1) Any person who has a land use agreement may apply to the Minister, in the form approved by the Minister, for the preliminary approval of a subdivision.

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  Marginal note:Requirements

  (2) The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include

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    (a) the name of the applicant and their contact information;

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    (b) a description of any project that the applicant proposes to carry out on the land subject to the subdivision, including

    • (i) its location, including the municipal address, if any,

    • (ii) a description of the project site that includes a description of any existing structures and land features, and

    • (iii) an indication of the type of proposed structures, if any, and their proposed uses;

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    (c) information demonstrating that the proposed subdivision is in the interests of the park, having regard to

    • (i) the nature and extent of any proposed project,

    • (ii) the park management plan and, in the case of a park community, the community plan, and

    • (iii) principles of responsible environmental stewardship and heritage conservation; and

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    (d) a description of the proposed subdivision, including

    • (i) a site plan of the existing parcels and a description of their uses,

    • (ii) a site plan of the parcels resulting from the subdivision and a description of their proposed uses, and

    • (iii) information demonstrating that the land subject to the subdivision is suitable for the proposed use.

Marginal note:Pre-application meeting

33 The application for the preliminary approval of a subdivision may be submitted only after the applicant has consulted with the superintendent with respect to the land use planning process.

Marginal note:Public consultation

34 The superintendent may consult with the public with respect to an application for the preliminary approval of a subdivision.

Marginal note:Consultation with Indigenous peoples

35 If a proposed subdivision has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, the superintendent must consult with the Indigenous peoples who may be affected before making a decision in respect of the preliminary approval of the subdivision.

Marginal note:Preliminary approval

36 The Minister may grant a preliminary approval for a subdivision if

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  (a) each parcel that results from the subdivision has direct access to a public roadway;

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  (b) any proposed project referred to in paragraph 32(2)(b) is in conformity with the provisions of the Act and these Regulations; and

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  (c) the subdivision is in the interests of the park, having regard to

  • (i) the nature and extent of any proposed project referred to in paragraph 32(2)(b),

  • (ii) the park management plan and, in the case of a park community, the community plan, and

  • (iii) principles of responsible environmental stewardship and heritage conservation.

Marginal note:Conditions of preliminary approval

37 The Minister may make the preliminary approval of the subdivision subject to any conditions that the Minister considers appropriate, including that the applicant

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  (a) make a request under the National Parks of Canada Lease and Licence of Occupation Regulations to amend or surrender a lease or licence of occupation for purposes relating to the subdivision before applying for a permit under subsection 7(1) of these Regulations for a project that the applicant proposes to carry out on the land subject to the subdivision; and

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  (b) apply for the permit under subsection 7(1) within one year after the day on which the preliminary approval is granted.

Marginal note:Revocation of preliminary approval

38 The Minister may revoke the preliminary approval of the subdivision if

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  (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information; or

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  (b) the applicant is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the preliminary approval.

Marginal note:Expiry of preliminary approval

39 The preliminary approval of a subdivision expires on the earlier of the second anniversary of the day on which the approval is granted by the Minister under section 36 or the day specified by the Minister in the approval.

Marginal note:Final approval

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  40 (1) The Minister may, on application, grant a final approval of a subdivision that has received a preliminary approval under section 36 and make the final approval subject to any conditions that the Minister considers appropriate.

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  Marginal note:Fee

  (2) The application for the final approval must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act.

Marginal note:Prohibition

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  41 (1) It is prohibited for a person who holds a lease or licence of occupation for a parcel to enter into or be a party to a timeshare agreement in respect of the parcel or any structure located on the parcel.

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  Marginal note:Definition of timeshare agreement

  (2) In subsection (1), timeshare agreement means an agreement entered into on or after the day on which these Regulations come into force between a person who holds a lease or licence of occupation for a parcel and another person that confers rights on the other person with respect to the use of the parcel or a structure located on the parcel for one or more periods in each year, whether the agreement is for a fixed or unfixed number of years.

Marginal note:Establishment

42 The superintendent of a park may establish committees to advise the superintendent on any matter relating to land use planning.

Marginal note:Definition of former regulations

43 In sections 44 to 46, former regulations means the Town of Jasper Zoning Regulations, the National Parks Building Regulations, the National Parks Signs Regulations or the National Parks of Canada Cottages Regulations, as they read immediately before the coming into force of these Regulations.

Marginal note:Permit under former regulations

44 Every permit issued under any of the former regulations that is valid immediately before the day on which these Regulations come into force continues in effect for the remainder of the period during which it would have been in effect had these Regulations not come into force, unless it is suspended or revoked in accordance with these Regulations.

Marginal note:Pre-existing structure

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  45 (1) A person who has a land use agreement for a parcel on which a structure was constructed or installed prior to the day on which these Regulations come into force is deemed to meet the requirements of section 23 and subsection 26(1) with respect to the structure if, immediately before the day on which these Regulations come into force, the requirements applicable with respect to the structure under the former regulations were met.

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  Marginal note:When provision ceases to apply

  (2) Subsection (1) ceases to apply with respect to a structure if, on or after the day on which these Regulations come into force,

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    (a) the floor area of the structure is increased; or

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    (b) a substantial portion of the structure is rebuilt, other than in the case where it is rebuilt because it has been damaged or destroyed by a natural or accidental cause and there is no increase to the floor area of the structure.

Marginal note:Pre-existing occupancy

46 Despite subsection 3(2), if a building was occupied for a particular purpose immediately before the day on which these Regulations come into force and the occupancy was permitted under the former regulations, the occupancy is permitted to continue under these Regulations.

47 [Amendments]

48 [Amendments]

49 [Amendments]

50 [Amendments]

51 [Amendments]

52 [Amendments]

53 [Amendments]

54 [Amendments]

55 [Amendments]

56 [Amendments]

57 [Amendments]

58 The following Regulations are repealed:

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  (a) Town of Jasper Zoning RegulationsFootnote ⁶;

  • Return to footnote ⁶C.R.C., c. 1111; SOR/92‑61, s. 1; SOR/2004‑314, s. 1

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  (b) National Parks Building RegulationsFootnote ⁷;

  • Return to footnote ⁷C.R.C., c. 1114

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  (c) National Parks Signs RegulationsFootnote ⁸; and

  • Return to footnote ⁸C.R.C., c. 1130

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  (d) National Parks of Canada Cottages RegulationsFootnote ⁹.

  • Return to footnote ⁹SOR/79‑398; SOR/2004‑35, s. 1