Vol. 144, No. 14 — July 7, 2010

Registration

SOR/2010-140 June 17, 2010

CANADA NATIONAL PARKS ACT

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

P.C. 2010-765 June 17, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 16 (see footnote a) of the Canada National Parks Act (see footnote b), hereby 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 PARKS OF CANADA FISHING REGULATIONS

1. Paragraph 1(h) of Schedule IV to the National Parks of Canada Fishing Regulations (see footnote 1) is replaced by the following:

(h) The upper portion of the Castleguard River located in the Castleguard Caves Zone I Preservation Area in the east side of the upper drainage of the Castleguard River

NATIONAL PARKS OF CANADA WATER AND SEWER REGULATIONS

2. Section 2.1 of the National Parks of Canada Water and Sewer Regulations (see footnote 2) is replaced by the following:

2.1. Sections 3 to 5 and 7 to 24 do not apply to the town of Banff.

3. Subsection 3(2) of the Regulations is replaced by the following:

(2) Subsection (1) does not apply to a garage, detached structure designed to provide accommodation for tourists or any other building on a lot that is appurtenant to, and designed to improve the usefulness and convenience of, a building on a lot that is connected to a water or sewer main referred to in subsection (1).

4. Section 4 of the Regulations is renumbered as subsection 4(1) and is amended by adding the following:

(2) Before granting the permission, the superintendent shall consider

(a) the capacity of the park’s sewer and water systems;

(b) any technical or material constraints;

(c) the preservation of the park’s natural resources and the protection of its cultural, historical and archaeological resources;

(d) the safety, health and enjoyment of persons who are visiting or residing in the park; and

(e) the preservation, control and management of the park.

5. Section 5 of the Regulations is replaced by the following:

5. No person, other than the superintendent, a municipal water system operator or a fire department officer authorized by the superintendent, and in the exercise of their functions, shall manipulate a hydrant, valve, stop-cock, pipe, water meter or other portion of a water system in a park.

6. Section 8 of the Regulations is renumbered as subsection 8(1) and is amended by adding the following:

(2) The superintendent may authorize 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.

7. Section 9 of the Regulations is amended by adding the following after subsection (3):

(4) The superintendent may grant permission to install in a park a septic tank, dry privy or sewer if the park has no sewer system to which a connection can be made after taking into consideration the following:

(a) the capacity of the park’s sewer and water distribution systems;

(b) any technical or material constraints;

(c) the preservation of the park’s natural resources and the protection of its cultural, historical and archaeological resources;

(d) the safety, health and enjoyment of persons who are visiting or residing in the park; and

(e) the preservation, control and management of the park.

8. (1) Subsection 15(1) of the Regulations is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

(2) Subsection 15(2) of the Regulations is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:

(a.1) if the lot is connected to the park sewer system, pay an annual quantity charge for the sewer at the rate set out in Schedule IV; and

9. Section 26 of the Regulations is repealed.

NATIONAL PARKS GENERAL REGULATIONS

10. (1) Subsection 11(1) of the National Parks General Regulations (see footnote 3) is replaced by the following:

11. (1) The superintendent may, on application, 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:

(a) have a significant adverse environmental impact on the park and its natural resources;

(b) jeopardize any cultural, historical and archaeological resources; and

(c) pose a danger to public health or public safety.

(2) Subsection 11(2) of the English version of the Regulations is replaced by the following:

(2) 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.

11. Section 18 of the Regulations is amended by adding the following after subsection (2):

(3) The superintendent shall revoke a permit issued under subsection (1) if its holder is convicted of a contravention of these Regulations.

12. Paragraph 31(1)(a) of the English version of the Regulations is replaced by the following:

(a) at all times maintain the area in a satisfactory condition; and

13. The Regulations are amended by adding the following after section 33:

33.1 (1) 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

(a) is not of a violent or otherwise offensive nature;

(b) does not contravene any Act or regulation that applies in respect of the park; and

(c) does not promote the contravention of an Act or regulation that applies in respect of the park.

(2) The superintendent shall set out the following terms and conditions in respect of promotional or informational material in the permit:

(a) the areas where it may be distributed or displayed;

(b) the period during which it may be displayed or the date and time at which it may be distributed; and

(c) 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.

14. The Regulations are amended by replacing “director-general” with “superintendent” in the following provisions:

(a) subsection 14(2);

(b) section 17;

(c) subsections 18(1) and (2);

(d) subsection 32(3); and

(e) paragraph 39(b).

NATIONAL PARKS OF CANADA DOMESTIC ANIMALS REGULATIONS

15. Subsection 2(5) of the National Parks of Canada Domestic Animals Regulations (see footnote 4) , enacted by section 12 of the Regulations Amending and Repealing Certain Regulations Made Under the Canada National Parks Act , SOR/2010-23, becomes subsection 2(6).

16. Section 10 of the Regulations is replaced by the following:

10. No person shall remove a domestic animal from an impoundment facility in a park unless authorized to do so by the superintendent, a park warden or an enforcement officer.

COMING TO FORCE

17. 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.)

Issue and objectives

The Regulations Amending Certain Regulations Made Under the Canada National Parks Act (Miscellaneous Program) respond to the recommendations of the Standing Joint Committee for the Scrutiny of Regulations.

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR, or the Committee) has identified a number of regulations administered by the Parks Canada Agency (the Agency) that contain inconsistencies, ambiguities, omissions or discrepancies between the English and French versions. It has also called into question the compliance of certain provisions with the enabling authorities. The Committee has therefore recommended that amendments be made to the following instruments:

regulation number	regulation name
(C.R.C., c. 1134)	National Parks of Canada Water and Sewer Regulations;
(SOR/2001-320)	Regulations Amending the National Parks of Canada Water and Sewer Regulations;
(SOR/78-213)	National Parks General Regulations;
(SOR/82-949)	National Parks General Regulations, amendment;
(SOR/96-245)	National Parks of Canada Fishing Regulations, amendment;
(SOR/2005-350)	Regulations Amending the National Parks of Canada Domestic Animals Regulations, 1998; and
(SOR/2010-23)	Regulations Amending and Repealing Certain Regulations Made Under the Canada National Parks Act.

The purpose of these amendments is to clarify and correct the wording of certain provisions of various regulations, as well as to clarify and define existing powers with regard to the issuance of permits or authorizations in order to ensure sound park management and facilitate the interpretation of the texts in question.

Description and rationale

The amendments concern provisions in six instruments made pursuant to the Canada National Parks Act (2000, c. 32) (the Act).

The first series of amendments either correct omissions, resolve ambiguities and eliminate inconsistencies among the provisions of a set of regulations or between a set of regulations and the Act, or they correct discrepancies between the English and French versions and update and clarify the terminology or numbering used in certain regulations.

— Two provisions of the National Parks of Canada Water and Sewer Regulations are amended to correct inconsistencies as follows: the reference to Schedule VIII in paragraph 15(1)(c) is removed and section 26 is repealed. Paragraph 15(1)(c) concerns the payment of charges for sewerage and refers to the rates set out in Schedule VIII of the Regulations for Fundy National Park. However, this schedule contains only rates for waterworks and does not refer to the sewer system at all. Section 26 states that the Minister may enter into an agreement with the owner of a business licensed to operate in a park for the rates to be charged for the removal of sewage. However, the enabling Act — specifically in paragraph 16(1)(r) — only states that the Governor in Council may make regulations respecting the determination of these rates. In addition, section 2.1 of these Regulations is amended to correct a mistake in syntax.

— The amendments to the National Parks General Regulations replace the reference to the “director-general” by a reference to the “superintendent” in order to reflect a change in nomenclature. They also correct discrepancies between the English and French versions of paragraph 31(1)(a). The English version states that persons occupying or using a public area in a Park shall maintain the area “in a condition satisfactory to the superintendent.” However, the French version of this paragraph states that persons shall maintain the area “dans un état satisfaisant” (“in a satisfactory condition”), and makes no reference to the superintendent’s assessment. The amendment to this provision will bring the English version in line with the French version. There is no change in policy; the French version more accurately reflects the Agency’s policy in this regard. The word “satisfactory” reflects the desire that the decision be based on the “reasonable person standard,” which superintendents have always applied. In addition, paragraph 31(1)(b) and subsection 31(2) provide objective criteria for assessing the condition of the area used (natural condition; free of refuse, waste paper or other material being discarded). The amendment, therefore, does not change the application of paragraph 31(1)(a) of the Regulations; it merely eliminates the appearance of a subjective authority.

— Subsection 18(4) of the National Parks General Regulations refers to the cancellation of a permit for drawing water, but there are no specific provisions that would allow the cancellation of such a permit. The proposed amendment remedies the omission by adding a provision establishing the authority to cancel the permit concerned.

— The amendment to the National Parks Fishing Regulations corrects a discrepancy between the English and French versions of paragraph 1(h) of Schedule IV, by the use of a consistent description of the part of a river identified in the paragraph.

— The expression “without first making a request for its release” used in section 10 of the Regulations Amending the National Parks of Canada Domestic Animals Regulations, 1998 creates an ambiguity since a literal application of the section could imply that an individual merely has to submit a request in order to be able to remove a domestic animal from the impoundment facility in a park. To remove this ambiguity, the amendment to section 10 replaces the expression “without first making a request for its release” by “unless authorized by.”

— Subsection 2(5) of the National Parks of Canada Domestic Animals Regulations, enacted by section 12 of the Regulations Amending and Repealing Certain Regulations Made Under the Canada National Parks Act is amended solely for the purpose of renumbering; it is now referred to as subsection 2(6).

The purpose of the second set of amendments is to ensure that certain regulatory powers are in compliance with the enabling authorities. The SJCSR expressed concern with regard to the discretionary nature of the regulatory powers for issuing authorizations or permits, because this kind of authority cannot exist in specific regulations without objective criteria. Several provisions are therefore amended to avoid any appearance of subjective authority with regard to the decisions made by a superintendent and the issuance of authorizations or permits.

— Subsection 3(2) of the National Parks of Canada Water and Sewer Regulations is amended in such a way that determination of what might constitute a building “appurtenant” to another building located in a park no longer falls to the superintendent; the meaning of “appurtenant” is clarified.

— Under sections 4, 5, 8 and 9 of these Regulations, the authorization of the superintendent is required for certain activities, such as altering any of the water system, constructing or maintaining a well, installing a septic tank or sewer, or making any connections to water or sewer mains in the park. These amendments to the provisions are intended to more accurately define the scope of the authority delegated to the superintendent, and eliminate the appearance that the superintendent has subjective authority to issue permits or authorizations. Situations in which authorization can be justifiably granted for the activities described in the above-mentioned sections are specified, as are the circumstances in which such authorization would not be granted.

— Subsection 11(1) of the National Parks General Regulations states that the superintendent may issue a permit authorizing any person to remove flora or natural objects from a park. Section 33 of the same Regulations states that written authorization from the superintendent is required for displaying or distributing advertisements or handbills in a park. The Regulations are amended by adding criteria to guide the superintendent in deciding whether or not to allow the activities covered by the provisions in question; the amendments do not reduce or increase the superintendent’s authority.

This second series of amendments adds objective criteria to support superintendents in their decision making and describes the circumstances in which authorization for certain activities is justified or will not be granted. They explain and set out elements that superintendents have always taken into account when making decisions regarding the issuance of permits. These amendments, therefore, have no effect either on park operations or on existing rights and obligations.

Consultation

No public consultations were held concerning these amendments since they do not alter the scope of the provisions concerned.

Nevertheless, in October 2006, internal consultations were held with various park managers and superintendents concerning the amendment to the National Parks of Canada Domestic Animals Regulations. The persons consulted indicated that they were in favour of the amendment. From June 2009 to January 2010, consultations were held concerning the amendments to the National Parks of Canada Water and Sewer Regulations and the National Parks General Regulations, which incorporate objective criteria to support decision making by superintendents. Although the superintendents and managers consulted understood the need for the amendments, they expressed concern that the criteria might not be exhaustive enough to cover all situations. The response they received was that the criteria would be written in such a way as to address as many situations as possible.

Implementation, enforcement and service standards

The amendments have no effect on the current regulatory enforcement process, because they do not change the way in which superintendents carry out their duties. Therefore, they do not have any repercussions on the public. The existing compliance and enforcement mechanisms under the Act and regulations continue to apply. All regulatory enforcement officials will be informed through Parks Canada internal memos, management bulletins and the intranet.

Contact

Fouad Sadiki
Policy and Regulatory Advisor
Legislative and Regulatory Affairs
Legislation and Policy Branch
Parks Canada
25 Eddy Street, 4th Floor, Room 415 (25-4-Q)
Gatineau, Quebec
K1A 0M5
Telephone: 819-994-2698
Fax: 819-997-0835
Email: fouad.sadiki@pc.gc.ca

Footnote a
S.C. 2009, c. 14, s. 29

Footnote b
S.C. 2000, c. 32

Footnote 1
C.R.C., c. 1120; SOR/2003-54

Footnote 2
C.R.C., c. 1134; SOR/2001-320

Footnote 3
SOR/78-213

Footnote 4
SOR/98-177; SOR/2005-350

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