Whereas, under subsection 143(1) a of the Mackenzie Valley Resource Management Act b, the Minister of Northern Affairs has consulted with the territorial Minister, First Nations and the Tlicho Government with regard to sections 47 and 48 of the annexed National Parks of Canada Land Use Planning Regulations; S.C. 2005, c. 1, s. 90(1) S.C. 1998, c. 25
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment with respect to the provisions of the annexed Regulations other than sections 47 and 48 and the Minister of Northern Affairs with respect to those sections 47 and 48, makes the annexed National Parks of Canada Land Use Planning Regulations under
section 16 c of the Canada National Parks Act d; and S.C. 2009, c. 14, s. 29 S.C. 2000, c. 32
paragraphs 5(1)(a) and (b) of the Environmental Violations Administrative Monetary Penalties Act e. S.C. 2009, c. 14, s. 126
Interpretation
The following definitions apply in these Regulations.
Act means the Canada National Parks Act. (Loi)
Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)
land use agreement means a lease or licence of occupation, a grant, letters patent for public lands or any agreement between a person and His Majesty in right of Canada in respect of the use of land or a condominium unit in a park. (entente d’utilisation des terres)
occupancy authorization means an authorization referred to in section 17. (autorisation d’occupation)
parcel means any land or condominium unit that is the subject of a land use agreement. (parcelle)
permit means a permit issued under section 11. (permis)
project means any work or activity that is prohibited under subsection 3(1). (projet)
structure means any temporary or permanent physical work, such as any building, facility, fence or sign. (structure)
In these Regulations, a reference to a “park” includes a reference to a “park reserve”.
Application
These Regulations do not apply in the town of Banff.
Prohibitions
It is prohibited to do any of the following, other than in accordance with an authorization or permit issued by the superintendent:
change the use of any land or structure, including by changing the intensity of that use;
construct, install, alter, move, remove or demolish a structure;
excavate the ground or dump fill;
materially alter the grade of the land or surface drainage patterns;
landscape an area with non‑living materials such as paving stones or make alterations to such landscaping;
plant a non‑native or fruit‑bearing plant species;
fell, move or damage a tree that
in the case of a deciduous tree, has a height of at least 4 m and, if measured from a height of 1 m above the ground, a diameter of at least 6 cm, and
in the case of a coniferous tree, has a height of at least 2.5 m;
install exterior lights, other than temporarily for the purpose of a seasonal event.
It is prohibited to occupy a building, or any part of it, other than in accordance with an occupancy authorization.
Subsection 3(1) does not apply in respect of any of the following:
a work or activity that is carried out solely for the purpose of maintaining or repairing a structure and that does not alter the colour or finish of the structure’s exterior;
a work or activity that is carried out solely for the purpose of altering the interior of a structure, unless it includes a work or activity that, if it were not carried out on public lands, would be subject to the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located;
the moving, removal or demolition of a structure, unless it includes a work or activity that, if it were not carried out on public lands, would be subject to the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located;
a work or activity that is carried out solely for the purpose of constructing, installing, maintaining or repairing a public roadway or utility;
the installation, for a period of less than 10 days, of an individual tent or group of tents if the tent or group of tents, as the case may be, occupy a total floor area of less than 10 m 2, do not contain any commercial cooking equipment and are located more than 3 m from any structure other than a sign;
a work or activity that is carried out by the superintendent or by a person who is acting on behalf of the superintendent in accordance with any conditions specified by the superintendent.
Subsection 3(2) does not apply in respect of the temporary occupancy of a building by the federal government or a provincial or municipal government or the temporary occupancy of a building for the purpose of an election, referendum or census.
Section 3 does not apply in respect of an activity carried out for the purpose of public safety or in response to an emergency.
Authorizations
The superintendent may issue an authorization for any person to construct, install or alter a structure or to landscape an area with non‑living materials or make alterations to such landscaping, and may make the authorization subject to any conditions that the superintendent considers appropriate, unless
it includes a work or activity that, if it were not carried out on public lands, would be subject to the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located; or
it includes a change to the use of any land or structure, including by changing the intensity of that use.
Permits
Application and Consultation
Any person who has a land use agreement may apply to the superintendent, in the form approved by the superintendent, for a permit to carry out a project.
The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include
the name of the applicant and their contact information;
a description of the project that the applicant proposes to carry out, including
its estimated costs,
its location, including its municipal address, if any,
a description of the project site that includes any existing structures and land features and their current uses,
an indication of the type of structures proposed to be constructed, if any, and their proposed uses, and
any alterations proposed to be made to any existing structures, including their removal, and any changes proposed to be made to their uses;
information demonstrating that the proposed project is in conformity with the provisions of the Act and these Regulations;
in the case where the proposed project includes a work or activity that, if it were not carried out on public lands, would be subject to any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the park is located, information demonstrating that the project meets the requirements set out in
any such code, or
any code on the same subject matter that is published by the National Research Council of Canada or by the Canadian Standards Association;
information demonstrating that the proposed project is in the interests of the park, having regard to
the nature and extent of the project,
the park management plan and, in the case of a park community, the community plan,
principles of environmental stewardship and heritage conservation, and
any potential impact on natural and cultural resources in the park, including any proposed mitigation measures; and
information concerning any potential impact of the proposed project on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982.
A person who wishes to apply for a permit to carry out a project may consult with the superintendent with respect to the land use planning process before submitting the application, if the proposed project includes
the construction, installation, alteration, demolition or removal of a structure;
a change to the use of land or of a structure;
the installation, alteration or removal of a public utility;
the construction, alteration or removal of a public roadway, railroad, gondola or ski lift; or
a work, activity or use that has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982.
The superintendent may consult with the public with respect to a proposed project before making a decision in respect of the issuance of the permit.
If a proposed project has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, the superintendent must consult with the Indigenous peoples who may be affected before making a decision in respect of the issuance of the permit.
Issuance
The superintendent may, on application, issue or amend a permit that authorizes a person to carry out a proposed project if
the project is in conformity with the provisions of the Act and any Regulations made under it;
the project is in conformity with any land use agreement in respect of the parcel on which the project is to be located;
the project is in the interests of the park, having regard to
the nature and extent of the project,
the park management plan and, in the case of a park community, the community plan,
principles of responsible environmental stewardship and heritage conservation, and
any potential impact on natural and cultural resources in the park, including any proposed mitigation measures; and
in the case where the superintendent has carried out the consultation referred to in section 10, the superintendent is satisfied that any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 has been identified and taken into account in the permit application.
If the application for a permit concerns a project for which an impact assessment is required under the Impact Assessment Act, the Mackenzie Valley Resource Management Act, the Yukon Environmental and Socio-economic Assessment Act or the Nunavut Planning and Project Assessment Act, a permit must not be issued until a final determination has been made under the applicable Act.
The superintendent may make a permit subject to any conditions that the superintendent considers appropriate, including any of the following:
that certain types of plans, drawings, specifications or studies be prepared in respect of the project;
that certain types of work or activities be carried out by persons with a particular professional qualification, such as a professional accreditation or membership in a provincial licensing body;
that no plans, drawings or specifications that have been approved by the superintendent be altered unless the alteration is approved in writing by the superintendent and that the project is carried out in accordance with the approved plans, drawings and specifications;
that no person occupy or use any land or structure, or part of a structure, on the parcel where the project is carried out until the superintendent issues a certificate of completion in respect of the project;
that measures be implemented to mitigate the impact of the project.
The superintendent must make every permit subject to a condition that the project meet the requirements set out in any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association.
The superintendent may make a permit subject to a condition that the permit holder deposit with the superintendent any security that the superintendent considers necessary as a guarantee that the permit holder will comply with the conditions of the permit and with these Regulations.
It is prohibited for a permit holder to begin carrying out a project before the security specified by the permit has been deposited with the superintendent.
The superintendent must return the security to the permit holder after the certificate of completion is issued with respect to the project.
Expiry and Renewal
A permit expires on the earlier of the second anniversary of the day on which the permit is issued or the expiry day specified in the permit.
Certificate of Completion
The superintendent must issue a certificate of completion with respect to a project if the superintendent is satisfied that the permit holder has completed the project and has complied with all of the conditions of the permit and the requirements of these Regulations.
The superintendent may include, in the certificate of completion, an authorization for the occupancy of any building, or any part of a building, and may make the authorization subject to conditions, such as that the occupancy be for a particular purpose.
Suspension and Revocation
The superintendent may suspend a permit or an occupancy authorization if the person who holds the permit or authorization has contravened a requirement of these Regulations or any condition of the permit or occupancy authorization.
The permit or occupancy authorization is suspended until the day on which the superintendent notifies the person who holds the permit or authorization that it is reinstated.
The superintendent must reinstate a suspended permit or occupancy authorization
if the contravention that led to the suspension has been corrected;
after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or
if proceedings have been instituted, after the person who holds the permit or occupancy authorization has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.
The superintendent may revoke a permit or occupancy authorization if
the superintendent has reasonable grounds to believe that the person who holds the permit or occupancy authorization has provided false or misleading information to the superintendent;
the person who holds the permit or occupancy authorization is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit or occupancy authorization; or
The superintendent must not revoke a permit or occupancy authorization under paragraph (1)(a) unless the superintendent has given the holder of the permit or authorization written reasons and an opportunity to be heard, by written representation, in respect of the proposed revocation.
Notice of Superintendent’s Decision
If the superintendent refuses to issue, amend or renew a permit or refuses to issue an occupancy authorization, or suspends or revokes a permit or occupancy authorization, the superintendent must provide notice in writing of their decision, including the reasons, to the applicant or to the holder of the permit or authorization, as the case may be.
Review of Superintendent’s Decision
Any person whose application for the issuance, amendment or renewal of a permit has been refused or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision no later than the 30th day after the day on which they receive the notice referred to in section 20. The request must be submitted in writing to the Chief Executive Officer and include the reasons for the request.
The Chief Executive Officer must direct the superintendent to issue or reinstate the permit if, after carrying out the review, the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect to
in the case of a refusal to issue, amend or renew a permit, the requirements and matters to be considered under section 11; and
A decision of the superintendent is not reviewable by the Chief Executive Officer under this section if it is with respect to the conformity of a structure with any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association.
The Chief Executive Officer must provide written notice of their decision, including the reasons, to the person who requested the review.
Maintenance Standards and Other Requirements
Every person who has a land use agreement for a parcel must ensure that any structure located on the parcel is maintained in good repair, including by ensuring that
the structure is maintained in a structurally sound condition, capable of safely sustaining its own weight and any load to which it may be subject;
materials that have been damaged or that show evidence of rot or other deterioration are repaired or replaced;
exterior walls are maintained to prevent deterioration due to weather, rot or insects, including by painting, restoring or repairing the walls, coping and flashing and by weatherproofing joints;
the roof, including its fascia board, soffit, cornice and flashing, is maintained in a watertight condition to prevent leakage of water into the structure;
rotted or damaged doors, door frames, window frames, sashes and casings, broken glass and missing or defective door and window hardware are repaired or replaced;
outside stairs, porches, patios and decks are maintained free from defects that constitute a hazard, and all treads, risers and supporting structural members that are rotted or deteriorated are repaired or replaced;
all plumbing, drain pipes, water pipes and plumbing fixtures are maintained in good working order and are free from leaks and defects;
the electrical wiring and all electrical fixtures are maintained in good working order; and
crawl spaces and areas under porches, landings and decks are securely enclosed to prevent wildlife access.
Every person who has a land use agreement for a parcel must ensure that the appearance of the parcel, and of any structure located on the parcel, is compatible with the natural characteristics of the park in which it is located and the characteristics of the surrounding area.
Every person who has a land use agreement for a parcel must ensure that no item is stored outdoors on the parcel other than in a manner that does not detract from the appearance of the parcel and does not interfere with the use and enjoyment of nearby lands.
Section 26 applies in respect of any lands leased or licensed for the purpose of residential occupancy in the following areas:
the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada;
the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada;
the visitor centre of Waskesiu, the Lakeview Resort Subdivision and the Clare Beach Subdivision, located in Prince Albert National Park of Canada, excluding the whole of Blocks 11 to 23, as shown on plan No. 93824 filed in the Canada Lands Surveys Records at Ottawa, a copy of which has been deposited in the Saskatchewan Land Surveys Directory under No. 101942872; and
the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada, excluding the whole of Block 64, as shown on plan No. 101515 filed in the Canada Lands Surveys Records at Ottawa, a copy of which has been deposited in the Land Titles Office in Neepawa under No. 54045.
Every person who holds a lease or licence of occupation for a parcel must ensure that the total floor area of all residential buildings located on the parcel does not exceed
130 m 2, in the case of the visitor centre of Waskesiu, the Lakeview Resort Subdivision and the Clare Beach Subdivision, located in Prince Albert National Park of Canada;
130 m 2, in the case of the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada;
150 m 2, in the case of the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada; and
150 m 2, in the case of the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada.
For the purposes of subsection (1), the floor area must be measured between the interior faces of the walls for each habitable storey of the building and must include the floor area of any roofed porches and roofed terraces.
Compliance Report
Any person who has a land use agreement for a parcel may apply for a compliance report in respect of a structure located on the parcel or in respect of the use of the structure or parcel. The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act.
The superintendent must, on application, issue a compliance report in respect of the conformity of the structure or of the use with the requirements of these Regulations.
Inspection Powers
Subject to section 30, the superintendent may, at any reasonable time and for the purpose of verifying compliance with the conditions of an authorization or permit or with the provisions of these Regulations, enter any place in a park
in order to inspect a project carried out in accordance with an authorization or permit; or
if the superintendent believes on reasonable grounds that a project has been, is being or is likely to be carried out in that place without an authorization or permit.
The owner or person in charge of the place, and every person in the place, must give all assistance that is reasonably required for the superintendent to exercise their powers or carry out their duties and functions under subsection (1) and must provide the superintendent with any information that the superintendent may reasonably require for that purpose.
The superintendent may order the taking of any action in the park that the superintendent considers appropriate to counter a threat to public health or to remedy the consequences of a contravention of these Regulations, including ordering a person to
stop work on a project;
stop the use or occupation of a structure, in whole or in part; or
demolish, remove, repair or replace a structure.
The superintendent must not enter a dwelling‑place, or any place that is intended to be used and is being used as a permanent or temporary dwelling‑place, unless the superintendent has given notice to the occupant at least 24 hours in advance and obtained their consent to enter.
Subdivision of Lands
Any person who has a land use agreement may apply to the Minister, in the form approved by the Minister, for the preliminary approval of a subdivision.
The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include
the name of the applicant and their contact information;
a description of any project that the applicant proposes to carry out on the land subject to the subdivision, including
its location, including the municipal address, if any,
a description of the project site that includes a description of any existing structures and land features, and
an indication of the type of proposed structures, if any, and their proposed uses;
information demonstrating that the proposed subdivision is in the interests of the park, having regard to
the nature and extent of any proposed project,
the park management plan and, in the case of a park community, the community plan, and
principles of responsible environmental stewardship and heritage conservation; and
a description of the proposed subdivision, including
a site plan of the existing parcels and a description of their uses,
a site plan of the parcels resulting from the subdivision and a description of their proposed uses, and
information demonstrating that the land subject to the subdivision is suitable for the proposed use.
The application for the preliminary approval of a subdivision may be submitted only after the applicant has consulted with the superintendent with respect to the land use planning process.
The superintendent may consult with the public with respect to an application for the preliminary approval of a subdivision.
If a proposed subdivision has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, the superintendent must consult with the Indigenous peoples who may be affected before making a decision in respect of the preliminary approval of the subdivision.
The Minister may grant a preliminary approval for a subdivision if
each parcel that results from the subdivision has direct access to a public roadway;
any proposed project referred to in paragraph 32(2)(b) is in conformity with the provisions of the Act and these Regulations; and
the subdivision is in the interests of the park, having regard to
the nature and extent of any proposed project referred to in paragraph 32(2)(b),
the park management plan and, in the case of a park community, the community plan, and
principles of responsible environmental stewardship and heritage conservation.
The Minister may make the preliminary approval of the subdivision subject to any conditions that the Minister considers appropriate, including that the applicant
make a request under the National Parks of Canada Lease and Licence of Occupation Regulations to amend or surrender a lease or licence of occupation for purposes relating to the subdivision before applying for a permit under subsection 7(1) of these Regulations for a project that the applicant proposes to carry out on the land subject to the subdivision; and
apply for the permit under subsection 7(1) within one year after the day on which the preliminary approval is granted.
The Minister may revoke the preliminary approval of the subdivision if
the Minister has reasonable grounds to believe that the applicant has provided false or misleading information; or
the applicant is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the preliminary approval.
The preliminary approval of a subdivision expires on the earlier of the second anniversary of the day on which the approval is granted by the Minister under section 36 or the day specified by the Minister in the approval.
The Minister may, on application, grant a final approval of a subdivision that has received a preliminary approval under section 36 and make the final approval subject to any conditions that the Minister considers appropriate.
The application for the final approval must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act.
Timeshare Agreements
It is prohibited for a person who holds a lease or licence of occupation for a parcel to enter into or be a party to a timeshare agreement in respect of the parcel or any structure located on the parcel.
In subsection (1), timeshare agreement means an agreement entered into on or after the day on which these Regulations come into force between a person who holds a lease or licence of occupation for a parcel and another person that confers rights on the other person with respect to the use of the parcel or a structure located on the parcel for one or more periods in each year, whether the agreement is for a fixed or unfixed number of years.
Advisory Committees
The superintendent of a park may establish committees to advise the superintendent on any matter relating to land use planning.
Application to Pre-existing Permits, Structures and Uses
Every permit issued under any of the former regulations that is valid immediately before the day on which these Regulations come into force continues in effect for the remainder of the period during which it would have been in effect had these Regulations not come into force, unless it is suspended or revoked in accordance with these Regulations.
A person who has a land use agreement for a parcel on which a structure was constructed or installed prior to the day on which these Regulations come into force is deemed to meet the requirements of section 23 and subsection 26(1) with respect to the structure if, immediately before the day on which these Regulations come into force, the requirements applicable with respect to the structure under the former regulations were met.
Subsection (1) ceases to apply with respect to a structure if, on or after the day on which these Regulations come into force,
the floor area of the structure is increased; or
a substantial portion of the structure is rebuilt, other than in the case where it is rebuilt because it has been damaged or destroyed by a natural or accidental cause and there is no increase to the floor area of the structure.
Despite subsection 3(2), if a building was occupied for a particular purpose immediately before the day on which these Regulations come into force and the occupancy was permitted under the former regulations, the occupancy is permitted to continue under these Regulations.
Consequential and Related Amendments
Mackenzie Valley Resource Management Act
[Amendments]
[Amendments]
Canada National Parks Act
National Parks General Regulations
[Amendments]
National Parks of Canada Camping Regulations
[Amendments]
National Parks of Canada Lease and Licence of Occupation Regulations
[Amendments]
[Amendments]
[Amendments]
[Amendments]
Environmental Violations Administrative Monetary Penalties Act
[Amendments]
[Amendments]
[Amendments]
Repeals
The following Regulations are repealed:
Town of Jasper Zoning Regulations 6; C.R.C., c. 1111; SOR/92‑61, s. 1; SOR/2004‑314, s. 1
National Parks Building Regulations 7; C.R.C., c. 1114
National Parks Signs Regulations 8; and C.R.C., c. 1130
National Parks of Canada Cottages Regulations 9. SOR/79‑398; SOR/2004‑35, s. 1
Coming into Force
These Regulations come into force on October 1, 2024, but if they are published in the Canada Gazette, Part II, after that day, they come into force on the day on which they are published.