Skip to main content

Bill C-70

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

REGULATIONS

Regulations

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

    (a) the preservation, control and management of parks;

    (b) the protection of flora, soil, waters, fossils, natural features, air quality, and cultural, historical and archaeological resources;

    (c) the protection of fauna, the taking of specimens of fauna for scientific or propagation purposes, and the destruction or removal of dangerous or superabundant fauna;

    (d) the management and regulation of fishing;

    (e) the prevention and remedying of any obstruction or pollution of waterways;

    (f) the prevention and extinguishment of fire on park lands or threatening park lands, and requiring persons residing or being in the vicinity of such a fire to report it or to assist in its extinguishment;

    (g) the issuance, amendment and termination of leases, licences of occupation and easements or servitudes, and the acceptance of the surrender or resiliation of leases and the relinquishment of licences of occupation and easements or servitudes, of or over public lands

      (i) in towns and visitor centres, for the purposes of residence, schools, churches, hospitals, trade, tourism and places of recreation or entertainment,

      (ii) in resort subdivisions, for the purpose of residence,

      (iii) outside towns, visitor centres and resort subdivisions, for the purposes of schools, churches, hospitals, service stations, tourism and places for the accommodation, recreation or entertainment of visitors to parks, and

      (iv) in the town of Banff, for the purpose of the exercise by a local government body of functions entrusted to it under section 36;

    (h) the restriction or prohibition of activities and the control of the use of park resources and facilities;

    (i) the establishment, operation, maintenance and administration of works and services of a public character, such as water, sewage, electricity, telephone, gas, fire protection, garbage removal and disposal and cemeteries, including the designation, granting and maintenance of plots in cemeteries, and respecting the use of those works and services;

    (j) 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;

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

    (l) the surveying of public lands, the making of plans of surveyed lands, the delimitation in such plans of the boundaries of towns, visitor centres, resort subdivisions and cemeteries, the designation of surveyed lands as towns, visitor centres, resort subdivisions or cemeteries and the subdividing of lands so designated;

    (m) 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;

    (n) the control of businesses, trades, occupations, amusements, sports and other activities or undertakings including the places where they may be carried on;

    (o) the preservation of public health and the prevention of disease;

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

    (q) the abatement and prevention of nuisances;

    (r) the determination of fees, rates, rents and other charges for the use of park resources and facilities, the provision of works and services referred to in paragraph (i) and improvements referred to in paragraph (j), and the issuance and amendment of permits, licences and other authorizing instruments pursuant to subsection (3);

    (s) public safety, including the control of firearms;

    (t) the use, transportation and temporary storage of pesticides and other toxic substances;

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

    (v) the acquisition or disposition of prehistoric and historic objects and reproductions of them and the sale of souvenirs, consumer articles and publications;

    (w) the authorization of the use of park lands, and the use or removal of flora and other natural objects, by aboriginal people for traditional spiritual and ceremonial purposes;

    (x) the control of access to parks by air;

    (y) maximum amounts of fines in respect of contraventions of provisions of the regulations or of permits, licences or other authorizing instruments issued pursuant to the regulations, for the purposes of subsection 25(2); and

    (z) the summary removal from a 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 a park for prescribed periods of those persons or persons convicted of offences under those provisions.

Roads and other improve-
ments

(2) The establishment or use of any improvement referred to in paragraph (1)(j) does not operate to withdraw lands from a park.

Powers of superinten-
dents

(3) Regulations made under this section may authorize the superintendent of a park, in the circumstances and subject to the conditions that may be specified in the regulations,

    (a) to vary any requirement of the regulations for purposes of public safety or the conservation of natural 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 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 in the park.

Taxes on residents and land

17. (1) The Governor in Council may make regulations

    (a) levying taxes on residents of a park, or on rights or interests in land in a park, to be applied to the cost of health and welfare or hospital services supplied to residents of the park;

    (b) levying taxes on rights or interests in land in a park, to be applied to the cost of the establishment, maintenance, operation and administration of works and services referred to in paragraph 16(1)(i), to be levied with respect to

      (i) all lands in the park, other than land in a park community,

      (ii) lands in areas of the park specified by the regulations, or

      (iii) lands benefited by those works or services; and

    (c) respecting the sale or forfeiture of lands and rights or interests in lands for non-payment of taxes.

Property taxes in park communities

(2) The Governor in Council may make regulations respecting a tax on land to be paid by owners of land in park communities, including buildings, structures, improvements and other fixtures, and holders of leases and licences of occupation of such lands, to be applied to the establishment, maintenance, operation and administration of community facilities and services, including public works and recreational, health, hospital and emergency facilities and services.

Provisions in regulations

(3) Regulations made under subsection (2) may

    (a) establish classes of land, including buildings, structures, improvements and other fixtures;

    (b) prescribe the manner of assessing the value of any class of land;

    (c) determine the rate to be applied to the assessed value of any class of land in any park, or prescribe the manner of determining that rate;

    (d) exempt certain land from taxation in whole or in part;

    (e) provide for local improvement taxes applicable to land that benefits from specified improvements; and

    (f) make provision for the collection and administration of taxes, including interest on unpaid taxes, and the imposition of penalties for non-payment of taxes, including the forfeiture of lands, leases and licences of occupation.

Recovery of tax

(4) A tax imposed under this section

    (a) is a debt due to Her Majesty in right of Canada, owed by the person by whom the tax is payable and by any other person to whom the land is transferred or the lease or licence of occupation is assigned; and

    (b) in the case of a tax payable by the owner, constitutes a charge against the land.

Resource harvesting in certain parks

18. (1) The Governor in Council may make regulations respecting the exercise of traditional renewable resource harvesting activities in

    (a) Wood Buffalo National Park;

    (b) Wapusk National Park;

    (c) Gros Morne National Park;

    (d) any park established in the District of Thunder Bay in the Province of Ontario; and

    (e) any park established in an area where the continuation of such activities is provided for by an agreement between the Government of Canada and the government of a province respecting the establishment of the park.

Land claims agreements

(2) Where an agreement for the settlement of an aboriginal land claim that is given effect by an Act of Parliament makes provision for traditional renewable resource harvesting activities or the removal of stone for carving purposes within any area, the Governor in Council may make regulations respecting the carrying on of those activities or the removal of stone for those purposes in a park that is established in that area.

Regulations respecting resource harvesting

(3) Regulations made under subsection (1) or (2) may

    (a) specify what are traditional renewable resource harvesting activities;

    (b) designate classes of persons authorized to engage in those activities and prescribe the conditions under which they may engage in them;

    (c) prohibit the use of renewable resources harvested in parks for other than traditional purposes;

    (d) control traditional renewable resource harvesting activities;

    (e) authorize the removal and disposal of any equipment or harvested resources left in a park in contravention of the regulations, and provide for the recovery of expenses incurred in their removal and disposal; and

    (f) notwithstanding anything in this subsection, authorize the superintendent of a park

      (i) to close areas of the park to traditional renewable resource harvesting activities for purposes of park management, public safety or the conservation of natural resources,

      (ii) to establish limits on the renewable resources that may be harvested in any period, or to vary any such limits established by the regulations, for purposes of conservation, and

      (iii) to prohibit or restrict the use of equipment in the park for the purpose of protecting natural resources.

Removal of carving stone

(4) In regulations made under subsection (2), subsection (3) may be applied to the removal of stone for carving purposes.

Variations by superinten-
dent

(5) Regulations made under this section may authorize the superintendent of a park, in the circumstances described and to the extent provided in the regulations, to vary any requirement of the regulations for purposes of public safety or the conservation of natural resources in the park.

ENFORCEMENT

Designation of park wardens

19. The Minister may designate persons appointed under the Public Service Employment Act, whose duties include the enforcement of this Act, to be park wardens for the enforcement of this Act and the regulations in any part of Canada and for the preservation and maintenance of the public peace in parks, and for those purposes park wardens are peace officers within the meaning of the Criminal Code.

Designation of enforcement officers

20. The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in relation to specified parks, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.

Certificate of designation and oath

21. (1) Every park warden and enforcement officer shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

Limitation of powers

(2) A certificate of designation provided to an enforcement officer shall specify the provisions of this Act or the regulations that the enforcement officer has the power to enforce and the parks in which that power applies.

Crossing private property

(3) In the discharge of their duties, park wardens, enforcement officers and persons accompanying them may enter on and pass through or over private property.

Arrest by warden or officer

22. (1) A park warden or enforcement officer may, in accordance with and subject to the Criminal Code, arrest without warrant

    (a) any person whom the warden or officer finds committing an offence under this Act; or

    (b) any person who, on reasonable grounds, the warden or officer believes has committed or is about to commit an offence under section 27.

Arrest by warden

(2) A park warden may, in accordance with and subject to the Criminal Code, arrest without warrant any person whom the warden finds committing an offence under any other Act in a park.

Search and seizure

23. (1) A park warden or enforcement officer may

    (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

    (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

Authority to issue warrant

(2) If a justice of the peace, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building or any vehicle, vessel or other conveyance, or in any package or receptacle,

    (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or

    (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence,

the justice of the peace may issue a warrant authorizing a park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.