Regulations Amending Certain Regulations Made Under the Canada National Parks Act (Miscellaneous Program): SOR/2018-250

Canada Gazette, Part II, Volume 152, Number 25

Registration

SOR/2018-250 November 23, 2018

CANADA NATIONAL PARKS ACT

P.C. 2018-1432 November 22, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 16^{footnote a} and 42 of the Canada National Parks Act ^{footnote b}, makes the annexed Regulations Amending Certain Regulations Made Under the Canada National Parks Act (Miscellaneous Program).

Regulations Amending Certain Regulations Made Under the Canada National Parks Act (Miscellaneous Program)

National Historic Sites of Canada Order

1 The portion of the schedule to the National Historic Sites of Canada Order ^{footnote 1} under the heading “Prince Edward Island” is amended by replacing “Port-la-Joye–Fort Amherst National Historic Site of Canada” with “Skmaqn–Port-la-Joye–Fort Amherst National Historic Site of Canada”.

National Parks of Canada Fishing Regulations

2 Section 12.1 of the National Parks of Canada Fishing Regulations ^{footnote 2} is replaced by the following:

12.1 If the daily catch and possession limit set out in column III of Part I of Schedule III is 0, any person who catches a fish of a species set out in column II shall immediately unhook the fish and return it to the water with as little damage to the fish as possible.

3 The portion of paragraph 27(b) of Part I of Schedule III to the Regulations in column III is replaced by the following:

Item	Column III Overall Length (where applicable) and Daily Catch and Possession Limit or Daily Catch Limit and Possession Limit
27(b)	(i) Daily catch limit is 2 fish, with overall length greater than 30 cm but less than 63 cm (ii) Possession limit is twice the daily catch limit

Item

Column III

Overall Length (where applicable) and Daily Catch and Possession Limit or Daily Catch Limit and Possession Limit

27(b)

(i) Daily catch limit is 2 fish, with overall length greater than 30 cm but less than 63 cm
(ii) Possession limit is twice the daily catch limit

National Parks of Canada Water and Sewer Regulations

4 The portion of subsection 4(2) of the National Parks of Canada Water and Sewer Regulations ^{footnote 3} before paragraph (a) is replaced by the following:

(2) The superintendent is authorized to grant the permission after taking into consideration

5 Subsection 8(2) of the Regulations is replaced by the following:

(2) The superintendent is authorized to grant permission for the construction or maintenance of a well in a park if the water drawn from the well is to be used for geothermal purposes or if the park has no water system to which a connection can be made.

6 The portion of subsection 9(4) of the Regulations before paragraph (a) is replaced by the following:

(4) The superintendent is authorized to grant permission for the installation of a septic tank, dry privy or sewer in a park if the park has no sewer system to which a connection can be made, after taking into consideration

National Parks General Regulations

7 The portion of subsection 11(1) of the National Parks General Regulations ^{footnote 4} before paragraph (a) is replaced by the following:

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

8 Paragraph 33.1(1)(a) of the Regulations is repealed.

Wood Buffalo National Park Game Regulations

9 Subsections 12(2) and (3) of the Wood Buffalo National Park Game Regulations ^{footnote 5} are repealed.

10 The portion of section 31 of the Regulations before paragraph (a) is replaced by the following:

31 A person whose permit is cancelled under subsection 30(1) or (2) shall not, for a period of 12 months following the date of conviction, obtain or be in possession of

11 Subsection 37(3) of the Regulations is replaced by the following:

(3) Subject to subsection 56(1), no person shall shoot fur bearing animals with a shotgun except a shotgun loaded with a single ball or bullet.

12 Paragraph 44(b) of the Regulations is replaced by the following:

(b) take off in an aircraft or land an aircraft in the Park except as provided for in the National Parks of Canada Aircraft Access Regulations; or

13 (1) Subsection 50(1) of the Regulations is replaced by the following:

50 (1) The superintendent is authorized to issue a trapper’s cabin permit to any person named in a certificate of registration.

(2) Subsection 50(4) of the Regulations is replaced by the following:

(4) The superintendent may refuse to issue a trapper’s cabin permit if the proposed trapper’s cabin is not compatible in design or size with the proposed location.

14 Section 51 of the Regulations is replaced by the following:

51 No person shall sell, trade or barter the skin or pelt of a fur bearing animal unless the following requirements are met:

(a) the person has paid any tax or royalty imposed on the skin or pelt, as required by the laws of a province or ordinances of a territory, in the province or territory in which the fur bearing animal was trapped; and
(b) if the skin or pelt is transported across a provincial or territorial boundary before being sold, traded or bartered, the person holds the permit required under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

15 Section 53 of the Regulations is repealed.

16 Subsection 54(2) of the Regulations is replaced by the following:

(2) The superintendent shall grant the permission referred to in paragraph (1)(b) if it is necessary for the livelihood of the person to whom it is granted.

17 Subsection 55(3) of the Regulations is replaced by the following:

(3) The superintendent shall fix the time for hearing the appeal within 60 days of the receipt of notice under subsection (2), unless a longer time is required due to the circumstances of the case.

18 The heading of Part V of the Regulations is replaced by the following:

Powers of the Superintendent

19 (1) Subsection 56(1) of the Regulations is replaced by the following:

56 (1) The superintendent is authorized to grant permission to any person

(a) to take or kill game within the Park for scientific purposes;
(b) to take or destroy any game, if it is necessary for the purposes of game management;
(c) to sell or otherwise dispose of any products resulting from game taken, killed or destroyed under paragraphs (a) and (b); or
(d) to destroy any game that presents a hazard to public safety or to property.

(2) The portion of subsection 56(2) of the Regulations before paragraph (a) is replaced by the following:

(2) The superintendent is authorized, by notice, to alter the open seasons and bag limits for any game set out in Schedule II if

(3) Paragraph 56(2)(a) of the French version of the Regulations is replaced by the following:

a) en situation d’urgence;

(4) Subsection 56(3) of the Regulations is replaced by the following:

(3) Despite any other provision of these Regulations, in respect of any area in the Park where hunting, trapping or the possession of firearms might endanger the safety of the public or in respect of any area in the Park if it is necessary for management of the Park, the superintendent is authorized, by notice, to

(a) restrict or prohibit hunting or trapping;
(b) prohibit the possession of firearms; or
(c) specify the conditions under which a person may possess firearms.

20 Section 57 of the Regulations is repealed.

National Parks Wildlife Regulations

21 Paragraph 15(1)(c) of the English version of the National Parks Wildlife Regulations ^{footnote 6} is replaced by the following:

(c) the introduction into a park of wildlife that is or was exotic wildlife.

National Historic Parks General Regulations

22 Subsection 12(1) of the National Historic Parks General Regulations ^{footnote 7} is replaced by the following:

12 (1) The Superintendent of a Park shall designate any activity or area in the Park as restricted if it is necessary for the preservation, control or management of the Park.

23 Subsection 14(1) of the Regulations is replaced by the following:

14 (1) If a nuisance exists on any premises in a Park, the Superintendent of the Park is authorized to order the owner, lessee, licensee or occupier of the premises to abate the nuisance and, if necessary, to clean up the premises.

24 Subsection 16(2) of the Regulations is replaced by the following:

(2) The Superintendent shall cancel a camping permit issued under subsection (1) if it is necessary for the preservation, control or management of the Park or for the safety of the public.

25 Section 20 of the Regulations is replaced by the following:

20 The holder of a camping permit shall, at all times, maintain the area to which the permit applies in a satisfactory condition.

26 (1) The portion of section 21 of the Regulations before paragraph (a) is replaced by the following:

21 The Superintendent is authorized to cancel a camping permit if

(2) Paragraph 21(b) of the Regulations is replaced by the following:

(b) the holder of the permit fails to maintain the area to which the permit applies in a satisfactory condition;

27 Paragraphs 27(d) and (e) of the Regulations are replaced by the following:

(d) operate any machine or equipment that may cause the kindling of a fire, unless reasonable precautions have been taken;
(e) when removing or disposing of brush or any inflammable material, allow the brush or inflammable material to be accumulated, stored, handled, transported or disposed of in an unreasonable manner; or

Coming into Force

28 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) has recommended a number of technical amendments to the National Parks of Canada Fishing Regulations, the Wood Buffalo National Park Game Regulations, the National Parks General Regulations, the National Historic Parks General Regulations and the National Parks of Canada Water and Sewer Regulations. Parks Canada has also identified non-substantive amendments to the National Parks Wildlife Regulations and the National Historic Sites of Canada Order.

Objectives

The amendments have the following objectives:

to align the French and English versions;
to update obsolete references;
to add clarity to regulatory provisions;
to correct regulatory authorities; and
to modify the name of a national historic site.

Description

Simplify provisions in the Regulations recognizing that the term “overall length” is already defined in the Regulations

C.R.C., c. 1120, National Parks of Canada Fishing Regulations

The National Parks of Canada Fishing Regulations provide for the management and control of fishing activities in Canada’s national parks. Amendments are required to simplify language and more clearly articulate daily catch and possession limits.

First, section 12.1 of the National Parks of Canada Fishing Regulations discusses the daily catch, possession limit and “overall length.” Regulatory amendments will remove the use of “overall length” in the French and English versions of section 12.1, as the purpose of the subsection is to discuss daily catch and possession limits.

Second, to simplify the wording, regulatory amendments will remove the definition of “overall length” in the French and English versions of Schedule III, Part I, paragraph 27(b), as this term is already defined in section 2 of the National Parks of Canada Fishing Regulations.

Correct regulatory authorities

SOR/78-830, Wood Buffalo National Park Game Regulations

The Wood Buffalo National Park Game Regulations provide provisions relating to the hunting of game in Wood Buffalo National Park of Canada.

To better reflect the authorities of the Canada National Parks Act, and ensure consistency with authorities of the National Parks Wildlife Regulations, the English and French versions of the Regulations will be modified to replace the position “Chief Executive Officer” with “superintendent.”

Similarly, section 57 (which provides certain permit and registration authorities) is repealed to reflect the Minister’s authorities under the Act. These authorities are not used by the Minister and similar authorities are assigned to the superintendent in other sections of the Regulations. Section 31 and subsection 37(3) will be amended to remove references to section 57.

Add clarity to regulatory provisions related to superintendent authorities

The SJCSR has highlighted a number of provisions where amendments are recommended to clarify the authorities of the superintendent in the following regulations:

Wood Buffalo National Park Game Regulations (SOR/78-830);
National Parks General Regulations (SOR/78-213);
National Historic Parks General Regulations (SOR/82-263); and
National Parks of Canada Water and Sewer Regulations (C.R.C., c. 1134).

For example, the National Historic Parks General Regulations provide provisions to control and manage the national historic parks across Canada, such as the protection of archaeological and historical resources. Subsection 12(1) requires a superintendent to designate any activity or area in the park as restricted, if it is necessary to control activities or entry in such an area for the preservation, control or management of the park. The amendment will remove the phrases “may” and “in his or her opinion.” The removal of “may” will add clarity that the superintendent shall act when it is necessary for the preservation, control, or management of the park. In the removal of “in his or her opinion,” no further clarity is needed to describe the decision-making criteria in these provisions.

Update obsolete references

SOR/78-830, Wood Buffalo National Park Game Regulations

The Wood Buffalo National Park Game Regulations provide provisions relating to the hunting of game in Wood Buffalo National Park of Canada.

The SJCSR has highlighted that subsection 12(2) of the Regulations sets a limit on the number of hunting permits that can be issued for the National Park. Given modern case law concerning the application of Indigenous rights under section 35 of the Constitution Act, 1982, namely R v Sparrow (1990), Powley v Canada (2003) and Mikisew Cree First Nation v Canada (2005), this limit no longer applies.

The Regulations are being updated to remove the limit on the number of hunting permits that can be issued during the year. The amendment will repeal subsections 12(2) and 12(3) of the Regulations. Similarly, the reporting requirements described in section 53 of the Regulations are no longer relevant. The Regulations are being updated to remove the requirement for monthly reporting by persons who buy or trade the skins, pelts or furs of game in the park. The amendment will repeal section 53 of the Regulations.

The last substantial update of the Regulations was in 1978. As a result, references for aircraft access and export permits are outdated.

First, the reference to the National Parks General Regulations (1978) for aircraft takeoff and landing access within the park will be replaced with the National Parks of Canada Aircraft Access Regulations (1997) in paragraph 44(b) of the English and French versions.

Second, the reference to the Game Export Act (Act now rescinded) will be replaced with the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) in paragraph 51(b) of the English and French versions.

Align the French and English versions

SOR/81-401, National Parks Wildlife Regulations

The objective of the National Parks Wildlife Regulations is to protect the natural wildlife resources in national parks and national park reserves by regulating the types of activities that may take place at these locations.

The French version of paragraph 15(1)(c) specifies that the superintendent may authorize “d’introduire dans un parc de la faune qui est ou était de la faune exotique” (introduction of exotic wildlife). This version provides for the correct power of authorization rather than the English version which authorizes “the introduction into a park of wildlife that is indigenous or was formerly indigenous of the park.” The amendment aligns the English version of paragraph 15(1)(c) with the French version of the Regulations.

Modify the name of a national historic site

C.R.C., c. 1112, National Historic Sites of Canada Order

The Canada National Parks Act provides for the listing of national historic sites under the National Historic Sites of Canada Order by setting apart land as a national historic site of Canada.

The name of the “Port-la-Joye–Fort Amherst National Historic Site of Canada” is being modified to reflect the Mi’kmaq name “Skmaqn,” which was recommended by the Mi’kmaq Confederacy of Prince Edward Island and approved by the Historic Sites and Monuments Board of Canada. The amendment replaces the current name with “Skmaqn–Port-la-Joye–Fort Amherst National Historic Site of Canada” in the Schedule to the Order.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

Small business lens

The small business lens does not apply to these amendments, as there are no costs to small business.

Rationale

Most of the amendments are in response to the SJCSR’s review of the regulations as well as non-substantive amendments identified by Parks Canada. All of the amendments help to correct or improve the regulatory base, and do not impose any costs to the government or stakeholders.