National Parks General Regulations

General Regulations for the Control and Management of National Parks His Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 7(1) of the National Parks Act, is pleased hereby to revoke the National Parks General Regulations made by Order in Council P.C. 1954-1918 of 8th December, 19541, as amended2, and to make the annexed General Regulations for the control and management of National Parks. SOR/54-666, Canada Gazette Part II, Vol. 88, No. 24, December 22, 1954, p. 2823 and 1955 Consolidation, Vol. 3, p. 2446 SOR/75-328, Canada Gazette Part II, Vol. 109, No. 12, June 25, 1975 These Regulations may be cited as the National Parks General Regulations. In these Regulations, Act means the National Parks Act; (version anglaise seulement) cave means any subterranean cavern or area, either natural or man-made; (cavernes) 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 (bateau commercial) Director[Repealed, SOR/93-167, s. 1] explosive means gunpowder, blasting powder, nitroglycerine, gun-cotton, dynamite, blasting gelatine, gelignite, fulminates of mercury or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flora means any plant matter, living or dead, and includes fungi and moulds; (version anglaise seulement) Minister[Repealed, SOR/93-167, s. 1] moor means to make fast or tie up a watercraft to a wharf or to another watercraft or to use a space or stall at a wharf and includes to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 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phenomenon not included within the terms flora and fauna that is located within a Park; (matières naturelles) Park[Repealed, SOR/94-267, s. 1(E)] public recreational facilities means a lawn bowling green, golf course, swimming pool and assembly hall in a park; (installation récréative publique) Superintendent[Repealed, SOR/93-167, s. 1] watercourse means any river, stream, brook, lake, pond, creek or other flowing or standing water in a Park; (version anglaise seulement) watercraft means any boat, canoe, raft, amphibious craft or other type or class of vessel; (embarcation) 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) Sections 28 to 35, 37 and 39 do not apply in the Town of Banff. 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. 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. The Minister may, from time to time, arrange to have public lands in a Park surveyed or resurveyed into lots in townsites or other subdivisions; for any right-of-way of the type referred to in subsection 6(2) of the Act; for the purposes of schools, hospitals, churches and the entertainment of persons visiting the Park; and for the purposes of a cemetery. 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. Except with the permission of the superintendent, no person shall enter on or use public recreational facilities when they are closed to the public. [Repealed, SOR/94-512, s. 2] 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. 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. 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. 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). No person shall, in a Park, undertake any activity designated by the superintendent pursuant to subsection (2) without registering as required by the superintendent prior to undertaking any such activity; and immediately on completing or returning from such activity. 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. 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. 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. A notice posted in accordance with subsection (2) shall include a description of the activity or use to which the restriction or prohibition applies; the extent of restriction, where an activity or use is being restricted; a description of the area to which the restriction or prohibition of entry or travel in that area applies; and a map of the area in which the restriction or prohibition, applies, where that area is not the total area of the Park. 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). 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 engage in that activity or use, or enter and travel in that area on such terms and conditions as the superintendent may prescribe in the permit. 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). In this section, authorization means a pass, licence, ticket or other form of permission authorizing the holder to carry on any designated activity; (autorisation) 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) 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. 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. No person other than the holder of an authorization issued for that purpose in accordance with this section shall engage in a designated activity. The superintendent may, on request, issue an authorization and may prescribe terms and conditions in any such authorization, taking into account the natural and cultural resources of the park; the safety, health and enjoyment of persons visiting or residing in the park; and the preservation, control and management of the park. 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. The superintendent may suspend an authorization, where the holder of it fails to comply with any prescribed term or condition; reinstate the authorization, when the failure referred to in paragraph (a) has been remedied; and revoke an authorization, where the holder of it is convicted of a contravention of these Regulations. 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. [Repealed, SOR/98-252, s. 2] No person shall remove, deface, damage or destroy any flora or natural objects in a Park, other than in accordance with a permit issued under subsection 11(1) or 12(1) or an authorization or permit issued under the National Parks of Canada Land Use Planning Regulations. 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 have a significant adverse environmental impact on the park and its natural resources; jeopardize any cultural, historical and archaeological resources; and pose a danger to public health or public safety. 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. 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. 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. 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. 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. Subject to subsection (2), no person shall wilfully remove, deface, damage or destroy any prehistoric or historic artifacts or structures in a Park. 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. [Repealed, SOR/97-149, s. 1] No person shall pollute any watercourse. 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. 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 any watercourse; any Park well; or any Park water supply system other than a waterworks system for a townsite or subdivision. Notwithstanding subsection (1), a superintendent shall not issue a permit to any person to take water unless the person submits to the superintendent a statement specifying the purpose for which the water is required; a description of the method to be used to take the water; a statement specifying the location of any equipment to be installed in taking the water; 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 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). The superintendent shall revoke a permit issued under subsection (1) if its holder is convicted of a contravention of these Regulations. 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. The superintendent may permit the temporary taking of water from any watercourse or Park water supply system to a place outside the Park in the case of drought, fire, contamination of a water supply or other emergency, for the duration of such emergency. The Minister may enter into an agreement with a municipality or water district adjacent to a Park for the supply of water from the Park. The Minister may enter into an agreement with persons residing on land adjacent to a Park for the supply of water from the Park for domestic purposes and for use in establishments providing tourist accommodation. The use on a watercourse of any type of motorized watercraft, water-skiing equipment or sub-surface diving equipment is prohibited except as permitted by a sign or notice placed, posted or erected by the superintendent at or near the watercourse. [Repealed, SOR/82-949, s. 6] No person shall use on a watercourse a watercraft that contains washroom facilities unless that watercraft is equipped with a holding tank and a pumping system. No person shall moor any watercraft in the approach to or in the lee of any wharf in such a manner as to obstruct the free flow of water traffic to and from such wharf. The superintendent may erect lettered or symbolic signs or devices designating a wharf or other location in a Park as requiring a mooring permit. No person shall moor a watercraft at a wharf or other location designated pursuant to subsection (1) without a mooring permit issued by the superintendent or obtained in the manner described in subsection 5(7). [Repealed, SOR/94-512, s. 3] The superintendent may erect signs or devices at a stall or space in or alongside a wharf, or at any other location designated pursuant to subsection 24(1), reserving the stall, space or location for use by a type or class of watercraft and for the period set out on the signs or devices. Where a stall or space or other location is reserved for a particular type or class of watercraft for a period of time, no person shall moor any watercraft of another type or class in that stall, space or location during that period. The superintendent may erect signs or devices specifying the period of time during which any watercraft may be moored at any wharf or at any other location designated pursuant to subsection 24(1). No person shall moor a watercraft at a wharf or other location for a period longer than that specified by the superintendent pursuant to subsection (1). Where, in the opinion of the superintendent or of a Park Medical Officer or a medical or sanitary inspector, a nuisance exists on any premises in a Park, the superintendent may order the owner, lessee, licencee or any other occupier of the premises to abate the nuisance and cleanse the premises. Where the owner, lessee, licencee or any other occupier of any premises where a nuisance exists fails, after reasonable notice from the superintendent, to abate the nuisance and cleanse the premises, the superintendent may take such steps as are necessary to abate the nuisance and to cleanse the premises. The owner, lessee, licencee or other occupier of the premises shall pay the costs of abating the nuisance and cleansing any premises referred to in subsection (2) that are incurred by the superintendent. No person shall deposit any snow, leaves, rubbish or any matter of an offensive nature in a Park except in such places, at such times and under such conditions as the superintendent specifies. No earth-pit privy, out-closet or privy vault shall be erected or used in any townsite or subdivision in a Park in which a water and sewer system has been installed. All earth-pit privies, out-closets or privy vaults on property that is not capable of being serviced by a Park water and sewer system shall be designed, located and maintained in accordance with standards approved by the superintendent. All buildings in a Park used for the purpose of residence, business or tourist accommodation shall have a plumbing system including an adequate supply of potable water and suitable sanitary fixtures, except that such buildings in outlying areas not serviced by a Park water supply and sewer system shall have sanitary privies, chemical closets or other such conveniences as the superintendent may approve. Where there is no Park water supply and sewer system in a Park, sewage or water waste shall be drained into a septic tank or other disposal system approved by the superintendent, which shall, where considered necessary by the superintendent, be equipped to chlorinate or otherwise treat the effluent. Any person occupying or using a public area in a Park shall at all times maintain the area in a satisfactory condition; and when vacating the area, restore the area to its natural condition as nearly as possible. Where incinerators or trash receptacles are provided in a Park, all refuse, waste paper or other material being discarded shall be placed therein. No person shall, in a Park, cause any excessive noise; conduct or behave in a manner that unreasonably disturbs other persons in the Park or unreasonably interferes with their enjoyment of the Park; or carry out any action that unreasonably interferes with fauna or the natural beauty of the Park. The superintendent may remove or have removed from a Park any person who by his disorderly conduct, behaviour or action is in violation of subsection (1). No person who has been removed from a Park under subsection (2) shall enter or attempt to enter that Park for one year following the date of removal unless that person applies for and obtains permission from the superintendent to enter the Park. No person shall display or distribute any advertisement or handbill in a Park, except as authorized in writing by the superintendent. The superintendent shall, on application, issue a permit authorizing the permit holder to display or distribute any promotional or informational material in a park if it [Repealed, SOR/2018-250, s. 8] does not contravene any Act or regulation that applies in respect of the park; and does not promote the contravention of an Act or regulation that applies in respect of the park. The superintendent shall set out the following terms and conditions in respect of promotional or informational material in the permit: the areas where it may be distributed or displayed; the period during which it may be displayed or the date and time at which it may be distributed; and the permit holder’s obligation to take reasonable care to ensure that the material is not littered in the park and that, if it is posted, it is removed immediately after the end of the period identified in the permit. The owner, lessee, licensee or other occupier of any lot in a townsite in a Park on which residence or the operation of a business is permitted shall remove snow, leaves or other material that has accumulated on any sidewalk bordering the lot in accordance with subsections (2) and (3). Any snow required to be removed by subsection (1) shall be removed within a period of 12 hours after it has fallen or within such longer period as may be specified by the superintendent. Any leaves or other material required to be removed by subsection (1) shall be removed whenever such leaves or other material interferes with or endangers pedestrian traffic or creates an obstructive, dangerous or unsightly condition or whenever removal is directed by the superintendent. Subject to subsection (4), no person shall, without an appropriate permit issued by the superintendent pursuant to subsection (2), bring into a Park or, in a Park, have in his possession, store, use, sell or offer for sale, any explosive. The superintendent may, on any conditions that he may prescribe, issue a permit to have in possession, store, use or sell any explosive in a Park to a person described in subsection (3) who is authorized under the Explosives Act to have in possession, store, use, make, manufacture or sell such an explosive in any other part of Canada. For the purposes of subsection (2), the following persons are described: a person engaged in construction or demolition work who requires the explosive for his work; a person representing a fraternal organization, service or other group that is sponsoring recreational or sport activities and requires the explosive in order to present a fireworks display on the occasion of a public holiday or celebration; or a person who is licensed under the National Parks Businesses Regulations* to sell small arms ammunition. Any person may, without obtaining a permit under this section, transport any explosive through a Park by railway in a manner authorized by the Railway Act or a regulation or order under that Act; transport explosives through a Park in accordance with the Explosives Act or any provincial regulation respecting explosives; be in possession of flares or fuses for use as safety equipment for motor vehicles, trains or boats in accordance with any provincial or federal requirements; or be in possession of small arms ammunition for his personal use. [Note: The National Parks Businesses Regulations, referred to in paragraph 35(3)(c), have been replaced by the National Parks Businesses Regulations, 1998 (SOR/98-455). The title of the latter regulations was later replaced by “National Parks of Canada Businesses Regulations” (see section 1 of the Regulations Amending the National Parks Businesses Regulations, 1998, SOR/2002-370).] Where the superintendent deems it necessary for the prevention of any seasonal or temporary danger to persons, flora, fauna or natural objects in a Park, he may by notice in writing close to public use or traffic any area in the Park for the period he considers the danger will continue. A notice referred to in subsection (1) shall be displayed on each approach road, trail or other way of access to the area in the Park closed to public use or traffic. No person shall enter any area in a Park during the period that it is closed to public use or traffic pursuant to subsection (1) except with the permission of the superintendent. Where the Minister is of the opinion that any road, street, sidewalk, trail, wharf, bridge or other way or portion thereof in a Park has been rendered unnecessary for public use or traffic, he may by order close to public use or traffic that way or portion thereof. The Minister may enter into an agreement with a province or any person for the development, operation and maintenance in a Park of telephone, telegraph, electrical, other than hydro-electrical, and natural gas services for use only in the Park; and hydro-electrical power, pursuant to the Dominion Water Power Act, for the use of such power only in the Park. No person shall sell any intoxicating beverage in a Park unless he has obtained a licence for such a sale under the National Parks Businesses Regulations* and the sale is in accordance with the laws of the province in which the Park is situated; and has been approved by the superintendent. [Note: The National Parks Businesses Regulations, referred to in section 39, have been replaced by the National Parks Businesses Regulations, 1998 (SOR/98-455). The title of the latter regulations was later replaced by “National Parks of Canada Businesses Regulations” (see section 1 of the Regulations Amending the National Parks Businesses Regulations, 1998, SOR/2002-370).] [Repealed, SOR/98-252, s. 4]