Wapusk National Park of Canada Park Use Regulations (SOR/2010-67)

• 14 (1) The superintendent may suspend a permit issued under section 13 if the permit holder or the tundra vehicle operator fails to comply with these Regulations or the terms and conditions of the permit.

• (2) The superintendent may reinstate a suspended permit if the failure that gave rise to the suspension has been remedied.

• (3) The superintendent may revoke the permit if

  • (a) the permit holder or the tundra vehicle operator is convicted of an offence in respect of a contravention of these Regulations; or

  • (b) the permit has been suspended twice during its period of validity.

• (4) A person whose permit has been revoked under subsection (3) is not eligible to apply for another within the 12-month period following the revocation.

Resource Harvest Cabin Use

15 Resource harvest cabins may be used only for the following purposes:

• (a) the carrying out of traditional activities;

• (b) trapping by aboriginal persons on a registered trapline in the park;

• (c) the exercise in the park, by aboriginal persons, of the rights referred to in subsection 2(2) of the Act; and

• (d) the carrying out by employees of the Parks Canada Agency of functions related to management of the park.

16 No person shall construct, alter, re-build or occupy a resource harvest cabin unless they are the holder of a permit issued under section 17.

• 17 (1) The superintendent may issue a permit authorizing the construction, alteration, re-building or occupation of a resource harvest cabin to

  • (a) a holder of a local use permit, or an aboriginal person who is the holder of a Manitoba trapping permit that authorizes them to trap fur-bearing animals in the park; or

  • (b) an aboriginal person who is exercising, in the park, the rights referred to in subsection 2(2) of the Act.

• (2) The superintendent may issue only one permit for the construction of a resource harvest cabin on a registered trapline.

• (3) Every permit shall specify

  • (a) the location of the resource harvest cabin;

  • (b) the name of the owner of the resource harvest cabin;

  • (c) the activity or activities for which the resource harvest cabin may be used; and

  • (d) the period of validity of the permit, which shall be one year.

18 Every person who constructs, alters or rebuilds a resource harvest cabin shall ensure that it meets the following criteria:

• (a) the floor area of the cabin shall not exceed 29.73 m²;

• (b) the height of the cabin shall not exceed 5 m;

• (c) the cabin shall not have indoor plumbing or sewer service;

• (d) the cabin shall not have a basement or a permanent foundation; and

• (e) the cabin shall be equipped with a fire extinguisher.

19 Every person who constructs, alters, re-builds or occupies a resource harvest cabin shall keep the cabin in good repair and shall ensure that the construction site, if applicable, is kept in a neat and safe condition.

20 Every person who constructs, alters, re-builds or occupies a resource harvest cabin shall remove all garbage, including animal remains, from the cabin and the cabin site and shall dispose of the garbage at a disposal site that is approved by Manitoba and situated outside the park.

Firearms

• 21 (1) No person shall be in possession of, carry, transport or discharge a firearm in the park unless they are the holder of a permit issued by the superintendent under section 22.

• (2) Subsection (1) does not apply to

  • (a) the superintendent, a park warden, an enforcement officer or any other employee of the Parks Canada Agency who is carrying out functions related to the management of the park; or

  • (b) an aboriginal person who is exercising, in the park, the rights referred to in subsection 2(2) of the Act.

22 The superintendent may, on application, issue a permit to the holder of a local use permit to hunt caribou authorizing them to be in possession of, carry, transport and discharge a firearm in the park for the purpose of carrying out that traditional activity, in the following circumstances:

• (a) the person possesses a registration certificate issued under the Firearms Act for the firearm to be identified in their permit;

• (b) the person is authorized under the Firearms Act

  • (i) to be in possession of that type of firearm, and

  • (ii) to carry and transport the firearm;

• (c) the person has submitted with their application a detailed summary of their experience of, and skill at, travelling in the park and the adjacent region; and

• (d) the person has submitted with their application a detailed summary of their skills and experience that demonstrates that they are qualified to safely possess, carry, transport and discharge the firearm in the park.

Notice and Review of Decisions

23 If the superintendent refuses to issue a permit or suspends or revokes a permit, the superintendent shall, as soon as possible after making their decision, provide written notice of it, including reasons, to the applicant or permit holder, as applicable.

• 24 (1) Any person to whom the superintendent has refused to issue a permit or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice described in section 23.

• (2) On receipt of the written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the permit if the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect

  • (a) in the case of a refusal, to the requirements and matters to be considered as set out in these Regulations; and

  • (b) in the case of a suspension or revocation, to the reasons set out in section 11 or 14, as the case may be.

• (3) The Chief Executive Officer shall provide written notice of his or her decision, including reasons, to the person who requested the review.

Consequential Amendments

National Parks of Canada Aircraft Access Regulations

25 [Amendment]

National Parks of Canada Domestic Animals Regulations

26 [Amendment]

27 [Amendment]

28 [Amendment]

Coming into Force

29 These Regulations come into force on March 26, 2010.