Assiniboine Slopes Provincial Ecological Reserve Regulations, E-0.01 Reg 1

1 ASSINIBOINE SLOPES PROVINCIAL ECOLOGICAL RESERVE E-0.01 REG 1 The Assiniboine Slopes Provincial Ecological Reserve Regulations being Chapter E-0.01 Reg 1 (effective September 4, 1986). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 ASSINIBOINE SLOPES PROVINCIAL E-0.01 REG 1 ECOLOGICAL RESERVE Table of Contents 1 Title 2 Interpretation 3 Ecological reserve designated 4 Entry and activity without a permit 5 Entry and activity with a permit 6 Permits 7 Permit cost 8 Required conditions in permit 9 Reporting 10 Posting Appendix 3 ASSINIBOINE SLOPES PROVINCIAL ECOLOGICAL RESERVE E-0.01 REG 1 CHAPTER E-0.01 REG 1 The Ecological Reserves Act Title 1 These regulations may be cited as The Assiniboine Slopes Provincial Ecological Reserve Regulations. Interpretation 2 In these regulations: (a) “department” means the Department of the Environment; (b) “ecological” means of or pertaining to the interrelationships between living organisms and their environment; (c) “environment officer” means a person appointed pursuant to section 13 of The Department of the Environment Act, 1984; (d) “motor vehicle” means motor vehicle as defined in The Highway Traffic Act; (e) “non-consumptive” means not using up, destroying or removing from the reserve plants, animals or any other material; (f) “permit” means a valid and subsisting permit issued by the department pursuant to these regulations; (g) “permittee” means the person to whom a permit is issued; (h) “reserve” means the land designated in section 3 as the Assiniboine Slopes Provincial Ecological Reserve. 12 Sep 86 cE-0.01 Reg 1 s2. Ecological reserve designated 3 The land described in the Appendix is hereby designated as the Assiniboine Slopes Provincial Ecological Reserve. 12 Sep 86 cE-0.01 Reg 1 s3. Entry and activity without a permit 4 Entry on the reserve without a permit for the sole purpose of conducting non- consumptive nature observation and appreciation without the use of a motor vehicle and the conduct of that activity without a permit by: (a) an individual; or (b) a group composed of not more than five individuals; is hereby authorized. 12 Sep 86 cE-0.01 Reg 1 s4. 4 ASSINIBOINE SLOPES PROVINCIAL E-0.01 REG 1 ECOLOGICAL RESERVE Entry and activity with a permit 5 The individuals authorized in a permit may enter on the reserve and conduct, where authorized in the permit: (a) monitoring of and research with respect to the interrelationships between living organisms and their environment; (b) in case of individuals authorized in a permit who are students, or teachers of those students, in: (i) a school to which The Education Act applies; or (ii) an educational institution to which The Department of Advanced Education and Manpower Act applies; nature observation for the purpose of learning about the interrelationships between living organisms and their environment; (c) hunting, trapping or hunting and trapping for the purpose of research or animal population control; (d) hay harvesting; (e) grazing of cattle, sheep and horses; (f) non-consumptive nature observation and appreciation by a group composed of six or more individuals that takes place without the use of a motor vehicle; or (g) all or any combination of the things described in clauses (a) to (f). 12 Sep 86 cE-0.01 Reg 1 s5. Permits 6 The department shall not issue a permit to enter and conduct activities on the reserve unless the applicant for the permit submits to the department an application in writing containing: (a) the name of the applicant; (b) where the person who will be responsible for directing the activity on the reserve is not the applicant, the name of the person who will be responsible for directing the activity; (c) the number of individuals who will be entering the reserve and, where known to the applicant at the time the application is submitted, the names of those individuals; (d) a description of the proposed activity and methodology; (e) a description of the portion of the reserve to be used, with an accom- panying map; (f) a description of the means of access to the reserve; (g) a statement regarding the proposed frequency and proposed duration of the use of the reserve and the proposed dates of the activity; and 5 ASSINIBOINE SLOPES PROVINCIAL ECOLOGICAL RESERVE E-0.01 REG 1 (h) a statement regarding the predicted ecological impact of the activity that will be undertaken within the reserve and the methods that will be used to determine this impact. 12 Sep 86 cE-0.01 Reg 1 s6. Permit cost 7 The department shall not issue a permit to enter and conduct: (a) hay harvesting; (b) grazing; or (c) hay harvesting and grazing; activities on the reserve unless the applicant for the permit submits to the department a fee equal to the dues and fees prescribed in The Provincial Lands Regulations for issuing a hay permit or a grazing permit, as the case may be, on provincial lands. 12 Sep 86 cE-0.01 Reg 1 s7. Required conditions in permit 8 Every permit issued by the department authorizing the conducting of activities on the reserve is to contain the following conditions: (a) a condition that the permit is subject to cancellation in the event that: (i) there has been a breach of the terms of the permit or of: (A) any Act or regulations made pursuant to an Act; or (B) any Act of the Government of Canada or any regulations made pursuant to such an Act; that apply to activities in the reserve; (ii) the department is satisfied that the activities on the reserve of the individuals authorized to enter the reserve under the permit are adverse to living organisms or to the environment or to the interrelationships between living organisms and the environment; (iii) there is a conflict between the activities of the individuals authorized to enter the reserve under the permit and: (A) persons engaged in the management of the reserve; or (B) another permittee; or (iv) the permittee has failed to make use of the reserve in a period of time that the department considers reasonable; (b) a condition that the individuals authorized to enter the reserve under the permit shall not introduce into the reserve any plant or animal species, unless explicitly authorized to do so in the permit; 6 ASSINIBOINE SLOPES PROVINCIAL E-0.01 REG 1 ECOLOGICAL RESERVE (c) a condition that the individuals authorized to enter the reserve under the permit shall not leave in the reserve any articles or materials taken by them into the reserve, unless explicitly authorized to do so in the permit; (d) a condition that the permit shall be in the possession of one of the individuals who is authorized to enter the reserve under the permit and who is on the reserve while any of the individuals who are authorized to enter the reserve under the permit are on the reserve; and (e) those conditions that the department considers necessary to preserve the unique or representative parts of the natural environment associated with the reserve. 12 Sep 86 cE-0.01 Reg 1 s8. Reporting 9 Every permit issued by the department authorizing the conducting of monitoring or research activities on the reserve shall contain the following conditions, in addition to the conditions described in section 8: (a) a condition that the permittee shall, within six months of the completion of the activity, file a report with the department which includes, if applicable: (i) a description of the methodology used in the activity; (ii) an inventory of plant and animal life identified during the activity; (iii) a description of landforms and soil conditions in the activity area; (iv) any other descriptive information regarding the reserve that, in the opinion of the permittee, would be of interest to the department or the public; and (v) a statement of the results obtained from the activity and any conclusions or recommendations reached; (b) a condition that, where the activity is authorized by a permit whose term is greater than one year, the permittee shall file: (i) an annual interim report; and (ii) a final report on completion of the activity; containing the information described in clause (a); and (c) a condition that, where an interim report is required pursuant to clause (b), the interim report shall be filed within six months following March 31 of each year. 12 Sep 86 cE-0.01 Reg 1 s9. Posting 10(1) The minister shall cause the reserve to be posted on or along its outer boundary at an average interval of not more than 800 metres measured along the boundary. 7 ASSINIBOINE SLOPES PROVINCIAL ECOLOGICAL RESERVE E-0.01 REG 1 (2) Each location posted in accordance with subsection (1) is to have: (a) one sign that identifies the reserve; and (b) one sign that provides notice that a permit may be required authorizing entry into, or the conducting of activities on, the reserve. (3) Each sign posted in accordance to subsection (1) is to be a minimum of 900 square centimetres in area. 12 Sep 86 cE-0.01 Reg 1 s10. Appendix ASSINIBOINE SLOPES PROVINCIAL ECOLOGICAL RESERVE 1 All those lands in Township 26, in Range 30, west of the First Meridian, described as follows: (a) those portions of Section 32 lying to the south and west of the boundary of the Shellmouth Reservoir, as shown on Plan of Record No. 65Y02343 in the Land Titles Office for the Yorkton Land Registration District, and to the north of the Togo-Calder Provincial Community Pasture fence; (b) Legal Subdivisions 7 and 8 and those portions of the north-east, north- west and south-west quarters of Section 33 lying to the south and west of the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and to the north of the Togo-Calder Provincial Community Pasture fence; (c) that portion of the road allowance west of and adjacent to the north-west quarter of Section 33 lying to the south of the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and to the north of the Togo-Calder Provincial Community Pasture fence. 2 All those lands in Township 27, in Range 30, west of the First Meridian, described as follows: (a) those portions of the north-west and south-west quarters of Section 2 lying outside the boundary of the Shellmouth Reservoir, as shown on Plan of Record No. 65Y03883 in the Land Titles Office for the Yorkton Land Registration District, and to the south of the Togo-Calder Provincial Community Pasture fence; (b) those portions of Section 3 lying outside the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and to the south of the Togo-Calder Provincial Community Pasture fence; (c) those portions of Section 4 lying outside the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and to the north of the Togo-Calder Provincial Community Pasture fence, including that portion of the north-east quarter taken for a roadway, as shown on Plan of Record No. X 4040 in the Land Titles Office for the Yorkton Land Registration District; 8 ASSINIBOINE SLOPES PROVINCIAL E-0.01 REG 1 ECOLOGICAL RESERVE (d) those portions of the north-west, south-east and south-west quarters of Section 9 lying to the south of the Togo-Calder Provincial Community Pasture fence, including that portion of the south-east quarter taken for a roadway, as shown on Plan of Record No. X 4040 in the Land Titles Office for the Yorkton Land Registration District; (e) that portion of the south-west quarter of Section 10 lying to the south and west of the Togo-Calder Provincial Community Pasture fence; (f) that portion of the road allowance south of and adjacent to the south-west quarter of Section 2 lying outside the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and west of the eastern boundary of that quarter; (g) that portion of the road allowance west of and adjacent to the north- west and south-west quarters of Section 2 lying outside the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and to the south of the Togo-Calder Provincial Community Pasture fence; (h) that portion of the road allowance south of and adjacent to the south- west quarter of Section 3, and south of and adjacent to the south-west and south-east quarters of Section 4, lying outside the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a), and to the east of the Togo-Calder Provincial Community Pasture fence, including all intersections; (i) that portion of the road allowance west of and adjacent to the north- west and south-west quarters of Section 3 lying outside the boundary of the Shellmouth Reservoir, as shown on the plan referred to in clause (a); (j) that portion of the road allowance west of and adjacent to the south- west quarter of Section 10 lying to the south of the Togo-Calder Provincial Community Pasture fence; (k) that portion of the road allowance south of and adjacent to the south-west quarter of Section 10, and south of and adjacent to the south-west and south- east quarters of Section 9, lying to the south-west of the Togo-Calder Provincial Community Pasture fence, including all intersections. 12 Sep 86 cE-0.01 Reg 1. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2001