National Parks General Regulations (SOR/78-213)

Short Title

1 These Regulations may be cited as the National Parks General Regulations.

Interpretation

2 In these Regulations,

Act

Act means the National Parks Act; (version anglaise seulement)

cave

cave means any subterranean cavern or area, either natural or man-made; (cavernes)

commercial boat

commercial boat means a vessel that carries persons or cargo for hire or reward and includes a vessel chartered or hired for pleasure purposes by or on behalf of the persons carried on the vessel. (bateau commercial)

Director

Director[Repealed, SOR/93-167, s. 1]

explosive

explosive means gunpowder, blasting powder, nitroglycerine, gun-cotton, dynamite, blasting gelatine, gelignite, fulminates of mercury or other metals, coloured fires and every other substance made, manufactured or used to produce a violent effect by explosion or a pyrotechnic effect and includes fuses, fireworks, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, railway track torpedoes, fusees and other signals and every other adaptation or preparation of any such substance; (explosifs)

flora

flora means any plant matter, living or dead, and includes fungi and moulds; (version anglaise seulement)

Minister

Minister[Repealed, SOR/93-167, s. 1]

moor

moor means to make fast or tie up a watercraft to a wharf or to another watercraft or to use a space or stall at a wharf and includes to dock, beach, store or anchor a watercraft; (amarrage)

natural object

natural object means any natural material, soil, sand, gravel, rock, mineral, fossil or other object of natural phenomenon not included within the terms flora and fauna that is located within a Park; (matières naturelles)

Park

Park[Repealed, SOR/94-267, s. 1(E)]

public recreational facilities

public recreational facilities means a lawn bowling green, golf course, swimming pool and assembly hall in a park; (installation récréative publique)

Superintendent

Superintendent[Repealed, SOR/93-167, s. 1]

watercourse

watercourse means any river, stream, brook, lake, pond, creek or other flowing or standing water in a Park; (version anglaise seulement)

watercraft

watercraft means any boat, canoe, raft, amphibious craft or other type or class of vessel; (embarcation)

wharf

wharf means any wharf, dock, pier, jetty, quay, landing, breakwater, mole or sea-wall or any floating structure or device that may be used to moor watercraft. (quais)

Application

2.1 Sections 28 to 35, 37 and 39 do not apply in the Town of Banff.

2.2 Subsections 5(1) and (2), sections 29 to 31, paragraphs 32(1)(a) and (b) and sections 33 to 35, 37 and 39 do not apply in the Town of Jasper.

Use of Public Lands or other Public Property Within a Park

3 A person may use or occupy public lands or other public property within a Park if that person does so in accordance with the Act, the regulations made thereunder and any agreement made between the Government of Canada and the government of the province within which the Park is situated.

4 The Minister may, from time to time, arrange to have public lands in a Park surveyed or resurveyed

• (a) into lots in townsites or other subdivisions;

• (b) for any right-of-way of the type referred to in subsection 6(2) of the Act;

• (c) for the purposes of schools, hospitals, churches and the entertainment of persons visiting the Park; and

• (d) for the purposes of a cemetery.

Public Recreational Facilities

• 5 (1) The superintendent may, by posting notices on or in the immediate vicinity of public recreational facilities, fix the days and the hours of the day during which such facilities shall be open to the public.

• (2) Except with the permission of the superintendent, no person shall enter on or use public recreational facilities when they are closed to the public.

• (3) and (4) [Repealed, SOR/94-512, s. 2]

• (5) In Georgian Bay Islands National Park and St. Lawrence Islands National Park, no person shall use firewood supplied by the superintendent unless that person is issued a camping permit pursuant to the National Parks Camping Regulations or is issued a firewood permit.

• (6) In Georgian Bay Islands National Park and St. Lawrence Islands National Park, a shower permit, a firewood permit and a mooring permit may be obtained at designated self-registration sites.

• (7) and (8) [Repealed, SOR/94-512, s. 2]

Hazardous Activities

• 6 (1) The superintendent may require any person to register at the office of the superintendent or at such other place as may be specified by the superintendent prior to and on completing, in a Park, any activity that, in the opinion of the superintendent, may present a hazard to the person.

• (2) The superintendent shall designate any activity in respect of which registration is required pursuant to subsection (1) by posting notices at the office of the superintendent, at all information offices or centres located in a Park and at any place specified by the superintendent pursuant to subsection (1).

• (3) No person shall, in a Park, undertake any activity designated by the superintendent pursuant to subsection (2) without registering as required by the superintendent

  • (a) prior to undertaking any such activity; and

  • (b) immediately on completing or returning from such activity.

• (4) Where an activity has not been designated by the superintendent pursuant to subsection (2), a person who wishes to do so may, prior to undertaking that activity, register at the office of the superintendent or at such other place as may be specified by the superintendent, on condition that the person register again immediately on completing or returning from that activity.

Restricted and Prohibited Activities, Uses and Travel

• 7 (1) The superintendent may, where it is necessary for the proper management of the Park to do so, designate certain activities, uses or entry and travel in areas in a Park as restricted or prohibited.

• (2) Notice of a restriction or prohibition referred to in subsection (1) shall be posted by the superintendent at park warden offices and information bureaus in the Park or at entrances to the Park.

• (3) A notice posted in accordance with subsection (2) shall include

  • (a) a description of the activity or use to which the restriction or prohibition applies;

  • (b) the extent of restriction, where an activity or use is being restricted;

  • (c) a description of the area to which the restriction or prohibition of entry or travel in that area applies; and

  • (d) a map of the area in which the restriction or prohibition, applies, where that area is not the total area of the Park.

• (4) No person shall engage in an activity or use or enter and travel in an area that has been designated as restricted or prohibited pursuant to subsection (1) otherwise than in accordance with the terms and conditions prescribed in a permit issued under subsection (5).

• (5) The superintendent may, on application to him by any person, in respect of any activity or use restricted or prohibited pursuant to subsection (1) or any entry and travel in an area that has been restricted or prohibited, pursuant to that subsection, issue to that person a permit to

  • (a) engage in that activity or use, or

  • (b) enter and travel in that area

  on such terms and conditions as the superintendent may prescribe in the permit.

• (6) The superintendent may, if it is necessary for the preservation, control and management of the Park, suspend or revoke a permit issued under subsection (5).

Authorization

• 7.1 (1) In this section,

  authorization

  authorization means a pass, licence, ticket or other form of permission authorizing the holder to carry on any designated activity; (autorisation)

  designated activity

  designated activity means any activity in a park, including travel, entry in an area of a park and the use of any facility in a park, that is designated in accordance with subsection (2). (activité désignée)

• (2) The superintendent may, where it is necessary for the proper management of the park, designate the activities other than those referred to in section 7 that may be carried on only by the holder of an authorization for that purpose.

• (3) The superintendent shall post a list of designated activities and their description in the park warden offices and information bureaus in the park or at the entrances to the park.

• (4) No person other than the holder of an authorization issued for that purpose in accordance with this section shall engage in a designated activity.

• (5) The superintendent may, on request, issue an authorization and may prescribe terms and conditions in any such authorization, taking into account

  • (a) the natural and cultural resources of the park;

  • (b) the safety, health and enjoyment of persons visiting or residing in the park; and

  • (c) the preservation, control and management of the park.

• (6) The holder of an authorization shall, at the request of the superintendent or a park warden or other park officer, produce the authorization for inspection.

• (7) The superintendent may

  • (a) suspend an authorization, where the holder of it fails to comply with any prescribed term or condition;

  • (b) reinstate the authorization, when the failure referred to in paragraph (a) has been remedied; and

  • (c) revoke an authorization, where the holder of it is convicted of a contravention of these Regulations.

8 Except where it is indicated by a notice posted by the superintendent at the entrance to a cave that entry therein is permitted, no person shall enter any cave in a Park without the permission, in writing, of the superintendent.

9 [Repealed, SOR/98-252, s. 2]

Preservation of Property

10 No person shall remove, deface, damage or destroy any flora or natural objects in a Park except in accordance with a permit issued under subsection 11(1) or 12(1).

• 11 (1) The superintendent is authorized, on application, to issue a permit authorizing the permit holder to take flora or natural objects for scientific purposes from a park, or for the removal and use of natural objects for construction purposes within a park, if the applicant demonstrates in writing that the performance of those activities will not

  • (a) have a significant adverse environmental impact on the park and its natural resources;

  • (b) jeopardize any cultural, historical and archaeological resources; and

  • (c) pose a danger to public health or public safety.

• (2) The permit shall specify the kind and amount of and the location from which flora or natural objects may be removed and set out the terms and conditions.

• (3) Where natural objects are removed for the purpose of constructing other than a public work within a Park, every person on removal of such natural objects shall pay to the superintendent the sum of 25 cents for each cubic yard of such natural objects or fraction thereof.

• 12 (1) The superintendent may issue a permit to any person authorizing the person to remove, deface, damage or destroy any flora or natural objects in a Park for purposes of Park management.

• (2) A permit issued by the superintendent under subsection (1) shall specify the kind and amount of and the location from which flora or natural objects may be removed, defaced, damaged or destroyed and the conditions applicable to the permit.

13 No person shall remove, deface, damage or destroy any signboard, sign or notice placed, posted or erected in a Park by the superintendent, or any public building, fence or other structure in a Park.

• 14 (1) Subject to subsection (2), no person shall wilfully remove, deface, damage or destroy any prehistoric or historic artifacts or structures in a Park.

• (2) A superintendent may issue a permit to any person authorizing that person to remove specimens of prehistoric or historic artifacts or structures from a Park for the purpose of public display in a museum.

Aircraft Operations

15. and 15.1 [Repealed, SOR/97-149, s. 1]

Use of Water Resources

16 No person shall pollute any watercourse.

17 No person shall obstruct or divert, by means of a pipe or otherwise, any watercourse, except as authorized by a permit issued by a superintendent.

• 18 (1) A superintendent may issue a permit to any person for a period not exceeding 10 years authorizing the person to take water for domestic, business or railway water supply purposes within a Park from

  • (a) any watercourse;

  • (b) any Park well; or

  • (c) any Park water supply system other than a waterworks system for a townsite or subdivision.

• (2) Notwithstanding subsection (1), a superintendent shall not issue a permit to any person to take water unless the person submits to the superintendent

  • (a) a statement specifying the purpose for which the water is required;

  • (b) a description of the method to be used to take the water;

  • (c) a statement specifying the location of any equipment to be installed in taking the water;

  • (d) a document setting out the results of a water quality test that show that the quality of the water to be taken is suitable for the purpose for which it is required; and

  • (e) a description of any impairment to the resources of the Park that may result from the installation of the equipment referred to in paragraph (c).

• (3) The superintendent shall revoke a permit issued under subsection (1) if its holder is convicted of a contravention of these Regulations.

• (4) On the expiry or revocation of a permit issued under subsection (1), the person who was issued that permit shall immediately remove any equipment installed in taking the water and restore the site of the equipment to the extent possible to its original state.