Regulations Amending the Wildlife Area Regulations (Miscellaneous Program): SOR/2018-113
Canada Gazette, Part II, Volume 152, Number 12
Registration
May 30, 2018
CANADA WILDLIFE ACT FINANCIAL ADMINISTRATION ACT
P.C. 2018-607 May 29, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Treasury Board, makes the annexed Regulations Amending the Wildlife Area Regulations (Miscellaneous Program), pursuant to
(a) section 12 footnote a of the Canada Wildlife Act footnote b; and
(b) paragraph 19(1)(a) footnote c of the Financial Administration Act footnote d.
Regulations Amending the Wildlife Area Regulations (Miscellaneous Program)
Amendments
1 The definition child in section 2 of the Wildlife Area Regulations footnote 1 is repealed.
2 Subsection 8.3(1) of the Regulations is replaced by the following:
8.3 (1) Every person who enters Cap Tourmente National Wildlife Area shall pay the applicable amount, if any, set out in item 1, 2, 3 or 4 of Schedule II.
3 Paragraphs 1(c) and 3(b) of Schedule II to the Regulations are repealed.
Coming into Force
4 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR)footnote 2 has identified technical issues related to paragraphs 1(c) and 3(b) of Schedule II of the Wildlife Area Regulations (WAR), which pertain to the amounts payable to enter Cap Tourmente National Wildlife Area (NWA), and has recommended that amendments be made to address these.
The SJCSR identified two specific concerns with paragraphs 1(c) and 3(b) of Schedule II of the WAR. First, the committee noted that the “fee” for a child 12 years of age or under is indicated as “free” when in fact “free” is not a “fee” and is therefore outside of the Minister’s authority to establish a “fee.” Second, the SJCSR noted that Schedule II only refers to a child accompanied by a parent, and that no provision is made for a child accompanied by another adult, such as a grandparent or guardian. In practice, a child accompanied by any adult is granted free entry, unless the child is in a group of 10 or more people.
Objectives
The objective of the Regulations Amending the Wildlife Area Regulations (Miscellaneous Program) is to provide greater precision to regulatees by clarifying the entrance fees to Cap Tourmente National Wildlife Area for a child 12 years of age or under, including for a child accompanied by an adult other than a parent.
Description
Amendments have been made to Schedule II, section 2, and subsection 8.3(1) of the WAR to address the above concerns. Paragraphs 1(c) and 3(b) in Schedule II have been repealed so that children 12 years of age or under are no longer included in the fee schedule. In section 2, the definition of “child” has been repealed because the term is no longer used in the Regulations other than in paragraphs f) and g) of item 1 of Schedule II, which already contain age descriptions. Subsection 8.3(1), which requires persons entering Cap Tourmente NWA to pay applicable fees in Schedule II, has been amended to add the words “if any,” to better reflect the fact that there are some persons — namely children not in groups of 10 or more — for whom there is no applicable amount set out in Schedule II. Therefore, all children, whether or not they are accompanied by a parent, can enter Cap Tourmente NWA without a fee, unless they fall into another fee category within Schedule II, specifically if they are in a group of 10 or more people.
“One-for-One” Rule
The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs or burden to business.
Small business lens
The small business lens does not apply to this amendment, as there are no costs to small business.
Rationale
The amendments described above are proposed in response to the SJCSR’s review in order to provide precision with respect to the amounts payable to enter Cap Tourmente NWA. These amendments will provide further clarity in the Regulations, and do not impose any additional administrative burden or compliance costs.
Contact
Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-938-4105
Email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca