National Parks of Canada Land Use Planning Regulations (SOR/2024-230)
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Regulations are current to 2024-11-26
National Parks of Canada Land Use Planning Regulations
SOR/2024-230
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT
MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
Registration 2024-11-22
National Parks of Canada Land Use Planning Regulations
P.C. 2024-1235 2024-11-22
Whereas, under subsection 143(1)Footnote a of the Mackenzie Valley Resource Management ActFootnote 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;
Return to footnote aS.C. 2005, c. 1, s. 90(1)
Return to footnote bS.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
(a) paragraph 143(1)(b) of the Mackenzie Valley Resource Management ActFootnote b;
(b) section 16Footnote c of the Canada National Parks ActFootnote d; and
Return to footnote cS.C. 2009, c. 14, s. 29
Return to footnote dS.C. 2000, c. 32
(c) paragraphs 5(1)(a) and (b) of the Environmental Violations Administrative Monetary Penalties ActFootnote e.
Return to footnote eS.C. 2009, c. 14, s. 126
Interpretation
Marginal note:Definitions
- The following provision is not in force.
1 (1) The following definitions apply in these Regulations.
- Act
Act means the Canada National Parks Act. (Loi)
- Chief Executive Officer
Chief Executive Officer has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)
- Indigenous peoples
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
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
occupancy authorization means an authorization referred to in section 17. (autorisation d’occupation)
- parcel
parcel means any land or condominium unit that is the subject of a land use agreement. (parcelle)
- permit
permit means a permit issued under section 11. (permis)
- project
project means any work or activity that is prohibited under subsection 3(1). (projet)
- structure
structure means any temporary or permanent physical work, such as any building, facility, fence or sign. (structure)
- The following provision is not in force.
Marginal note:Interpretation of “park”
(2) In these Regulations, a reference to a “park” includes a reference to a “park reserve”.
Application
Marginal note:Exception — Banff
2 These Regulations do not apply in the town of Banff.
Prohibitions
Marginal note:Works, activities and land uses
- The following provision is not in force.
3 (1) It is prohibited to do any of the following, other than in accordance with an authorization or permit issued by the superintendent:
- The following provision is not in force.
(a) change the use of any land or structure, including by changing the intensity of that use;
- The following provision is not in force.
(b) construct, install, alter, move, remove or demolish a structure;
- The following provision is not in force.
(c) excavate the ground or dump fill;
- The following provision is not in force.
(d) materially alter the grade of the land or surface drainage patterns;
- The following provision is not in force.
(e) landscape an area with non‑living materials such as paving stones or make alterations to such landscaping;
- The following provision is not in force.
(f) plant a non‑native or fruit‑bearing plant species;
- The following provision is not in force.
(g) fell, move or damage a tree that
(i) 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
(ii) in the case of a coniferous tree, has a height of at least 2.5 m;
- The following provision is not in force.
(h) install exterior lights, other than temporarily for the purpose of a seasonal event.
- The following provision is not in force.
Marginal note:Occupancy
(2) It is prohibited to occupy a building, or any part of it, other than in accordance with an occupancy authorization.
Marginal note:Exceptions
- The following provision is not in force.
4 (1) Subsection 3(1) does not apply in respect of any of the following:
- The following provision is not in force.
(a) 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;
- The following provision is not in force.
(b) 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 following provision is not in force.
(c) 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;
- The following provision is not in force.
(d) a work or activity that is carried out solely for the purpose of constructing, installing, maintaining or repairing a public roadway or utility;
- The following provision is not in force.
(e) 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 m2, do not contain any commercial cooking equipment and are located more than 3 m from any structure other than a sign;
- The following provision is not in force.
(f) 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.
- The following provision is not in force.
Marginal note:Exception — occupancy
(2) 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.
Marginal note:Exception — public safety or emergency
5 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
Marginal note:Issuance
6 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
- The following provision is not in force.
(a) 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
- The following provision is not in force.
(b) it includes a change to the use of any land or structure, including by changing the intensity of that use.
Permits
Application and Consultation
Marginal note:Application
- The following provision is not in force.
7 (1) 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 following provision is not in force.
Marginal note:Requirements
(2) The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include
- The following provision is not in force.
(a) the name of the applicant and their contact information;
- The following provision is not in force.
(b) a description of the project that the applicant proposes to carry out, including
(i) its estimated costs,
(ii) its location, including its municipal address, if any,
(iii) a description of the project site that includes any existing structures and land features and their current uses,
(iv) an indication of the type of structures proposed to be constructed, if any, and their proposed uses, and
(v) any alterations proposed to be made to any existing structures, including their removal, and any changes proposed to be made to their uses;
- The following provision is not in force.
(c) information demonstrating that the proposed project is in conformity with the provisions of the Act and these Regulations;
- The following provision is not in force.
(d) 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
(i) any such code, or
(ii) any code on the same subject matter that is published by the National Research Council of Canada or by the Canadian Standards Association;
- The following provision is not in force.
(e) information demonstrating that the proposed project is in the interests of the park, having regard to
(i) the nature and extent of the project,
(ii) the park management plan and, in the case of a park community, the community plan,
(iii) principles of environmental stewardship and heritage conservation, and
(iv) any potential impact on natural and cultural resources in the park, including any proposed mitigation measures; and
- The following provision is not in force.
(f) 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.
Marginal note:Pre-application meeting
8 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 following provision is not in force.
(a) the construction, installation, alteration, demolition or removal of a structure;
- The following provision is not in force.
(b) a change to the use of land or of a structure;
- The following provision is not in force.
(c) the installation, alteration or removal of a public utility;
- The following provision is not in force.
(d) the construction, alteration or removal of a public roadway, railroad, gondola or ski lift; or
- The following provision is not in force.
(e) 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.
Marginal note:Public consultation
9 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.
Marginal note:Consultation with Indigenous peoples
10 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
Marginal note:Superintendent
- The following provision is not in force.
11 (1) The superintendent may, on application, issue or amend a permit that authorizes a person to carry out a proposed project if
- The following provision is not in force.
(a) the project is in conformity with the provisions of the Act and any Regulations made under it;
- The following provision is not in force.
(b) the project is in conformity with any land use agreement in respect of the parcel on which the project is to be located;
- The following provision is not in force.
(c) the project is in the interests of the park, having regard to
(i) the nature and extent of the project,
(ii) the park management plan and, in the case of a park community, the community plan,
(iii) principles of responsible environmental stewardship and heritage conservation, and
(iv) any potential impact on natural and cultural resources in the park, including any proposed mitigation measures; and
- The following provision is not in force.
(d) 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.
- The following provision is not in force.
Marginal note:Impact assessment
(2) 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.
Marginal note:Conditions of permit
12 The superintendent may make a permit subject to any conditions that the superintendent considers appropriate, including any of the following:
- The following provision is not in force.
(a) that certain types of plans, drawings, specifications or studies be prepared in respect of the project;
- The following provision is not in force.
(b) 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;
- The following provision is not in force.
(c) 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;
- The following provision is not in force.
(d) 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;
- The following provision is not in force.
(e) that measures be implemented to mitigate the impact of the project.
Marginal note:Mandatory condition
13 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.
Marginal note:Security
- The following provision is not in force.
14 (1) 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.
- The following provision is not in force.
Marginal note:Prohibition
(2) 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 following provision is not in force.
Marginal note:Return of security
(3) 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
Marginal note:Expiry of permit
- The following provision is not in force.
15 (1) 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.
- The following provision is not in force.
Marginal note:Renewal of permit
(2) The superintendent may, if the conditions referred to in paragraphs 11(1)(a) to (d) are met, renew a permit for a period of no more than 12 months and may make that permit subject to any additional conditions that the superintendent considers appropriate.
Certificate of Completion
Marginal note:Issuance
16 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.
Marginal note:Occupancy authorization
17 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
Marginal note:Suspension
- The following provision is not in force.
18 (1) 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 following provision is not in force.
Marginal note:Period of suspension
(2) 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 following provision is not in force.
Marginal note:Reinstatement
(3) The superintendent must reinstate a suspended permit or occupancy authorization
- The following provision is not in force.
(a) if the contravention that led to the suspension has been corrected;
- The following provision is not in force.
(b) 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
- The following provision is not in force.
(c) 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.
Marginal note:Revocation
- The following provision is not in force.
19 (1) The superintendent may revoke a permit or occupancy authorization if
- The following provision is not in force.
(a) 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 following provision is not in force.
(b) 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 following provision is not in force.
(c) the permit or occupancy authorization has been suspended twice during the period for which it was issued, other than in any case where it was subsequently reinstated under paragraph 18(3)(b) or (c).
- The following provision is not in force.
Marginal note:Conditions
(2) 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
Marginal note:Notice
20 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
Marginal note:Request for review
- The following provision is not in force.
21 (1) 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 following provision is not in force.
Marginal note:Decision of Chief Executive Officer
(2) 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
- The following provision is not in force.
(a) in the case of a refusal to issue, amend or renew a permit, the requirements and matters to be considered under section 11; and
- The following provision is not in force.
(b) in the case of a suspension or revocation of a permit, the reasons set out in section 18 or 19.
- The following provision is not in force.
Marginal note:Conformity with codes
(3) 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 following provision is not in force.
Marginal note:Notice of decision
(4) 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
Marginal note:Maintenance
22 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 following provision is not in force.
(a) 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;
- The following provision is not in force.
(b) materials that have been damaged or that show evidence of rot or other deterioration are repaired or replaced;
- The following provision is not in force.
(c) 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 following provision is not in force.
(d) the roof, including its fascia board, soffit, cornice and flashing, is maintained in a watertight condition to prevent leakage of water into the structure;
- The following provision is not in force.
(e) 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;
- The following provision is not in force.
(f) 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;
- The following provision is not in force.
(g) all plumbing, drain pipes, water pipes and plumbing fixtures are maintained in good working order and are free from leaks and defects;
- The following provision is not in force.
(h) the electrical wiring and all electrical fixtures are maintained in good working order; and
- The following provision is not in force.
(i) crawl spaces and areas under porches, landings and decks are securely enclosed to prevent wildlife access.
Marginal note:Appearance
23 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.
Marginal note:Outdoor storage
24 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.
Marginal note:Application — section 26
25 Section 26 applies in respect of any lands leased or licensed for the purpose of residential occupancy in the following areas:
- The following provision is not in force.
(a) the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada;
- The following provision is not in force.
(b) the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada;
- The following provision is not in force.
(c) 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 following provision is not in force.
(d) 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.
Marginal note:Floor area of cottages
- The following provision is not in force.
26 (1) 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
- The following provision is not in force.
(a) 130 m2, 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;
- The following provision is not in force.
(b) 130 m2, in the case of the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada;
- The following provision is not in force.
(c) 150 m2, in the case of the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada; and
- The following provision is not in force.
(d) 150 m2, in the case of the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada.
- The following provision is not in force.
Marginal note:Measurement
(2) 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
Marginal note:Application
- The following provision is not in force.
27 (1) 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 following provision is not in force.
Marginal note:Issuance
(2) 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.
- The following provision is not in force.
Marginal note:Deemed compliance
(3) The compliance report must specify any requirement of these Regulations that is deemed to be met with respect to the structure or the use by reason of the application of subsection 45(1) or section 46, as the case may be.
Inspection Powers
Marginal note:Inspection
- The following provision is not in force.
28 (1) 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
- The following provision is not in force.
(a) in order to inspect a project carried out in accordance with an authorization or permit; or
- The following provision is not in force.
(b) 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 following provision is not in force.
Marginal note:Duty to assist
(2) 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.
Marginal note:Superintendent’s order
- The following provision is not in force.
29 (1) 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
- The following provision is not in force.
(a) stop work on a project;
- The following provision is not in force.
(b) stop the use or occupation of a structure, in whole or in part; or
- The following provision is not in force.
(c) demolish, remove, repair or replace a structure.
- The following provision is not in force.
Marginal note:Taking of action by superintendent
(2) Subject to section 30, if the action ordered by the superintendent under subsection (1) is not taken, the superintendent may, at any reasonable time and on reasonable notice, enter any place, including any structure, in which the action was to be taken, and may take that action.
Marginal note:Exception — dwelling‑place
30 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
Marginal note:Definition of subdivision
31 In sections 32 to 40, subdivision means the division of a parcel into two or more parcels, the consolidation of two or more parcels or an alteration to the boundaries of parcels where they are adjoining.
Marginal note:Application for preliminary approval
- The following provision is not in force.
32 (1) 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 following provision is not in force.
Marginal note:Requirements
(2) The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include
- The following provision is not in force.
(a) the name of the applicant and their contact information;
- The following provision is not in force.
(b) a description of any project that the applicant proposes to carry out on the land subject to the subdivision, including
(i) its location, including the municipal address, if any,
(ii) a description of the project site that includes a description of any existing structures and land features, and
(iii) an indication of the type of proposed structures, if any, and their proposed uses;
- The following provision is not in force.
(c) information demonstrating that the proposed subdivision is in the interests of the park, having regard to
(i) the nature and extent of any proposed project,
(ii) the park management plan and, in the case of a park community, the community plan, and
(iii) principles of responsible environmental stewardship and heritage conservation; and
- The following provision is not in force.
(d) a description of the proposed subdivision, including
(i) a site plan of the existing parcels and a description of their uses,
(ii) a site plan of the parcels resulting from the subdivision and a description of their proposed uses, and
(iii) information demonstrating that the land subject to the subdivision is suitable for the proposed use.
Marginal note:Pre-application meeting
33 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.
Marginal note:Public consultation
34 The superintendent may consult with the public with respect to an application for the preliminary approval of a subdivision.
Marginal note:Consultation with Indigenous peoples
35 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.
Marginal note:Preliminary approval
36 The Minister may grant a preliminary approval for a subdivision if
- The following provision is not in force.
(a) each parcel that results from the subdivision has direct access to a public roadway;
- The following provision is not in force.
(b) any proposed project referred to in paragraph 32(2)(b) is in conformity with the provisions of the Act and these Regulations; and
- The following provision is not in force.
(c) the subdivision is in the interests of the park, having regard to
(i) the nature and extent of any proposed project referred to in paragraph 32(2)(b),
(ii) the park management plan and, in the case of a park community, the community plan, and
(iii) principles of responsible environmental stewardship and heritage conservation.
Marginal note:Conditions of preliminary approval
37 The Minister may make the preliminary approval of the subdivision subject to any conditions that the Minister considers appropriate, including that the applicant
- The following provision is not in force.
(a) 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
- The following provision is not in force.
(b) apply for the permit under subsection 7(1) within one year after the day on which the preliminary approval is granted.
Marginal note:Revocation of preliminary approval
38 The Minister may revoke the preliminary approval of the subdivision if
- The following provision is not in force.
(a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information; or
- The following provision is not in force.
(b) 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.
Marginal note:Expiry of preliminary approval
39 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.
Marginal note:Final approval
- The following provision is not in force.
40 (1) 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 following provision is not in force.
Marginal note:Fee
(2) 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
Marginal note:Prohibition
- The following provision is not in force.
41 (1) 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.
- The following provision is not in force.
Marginal note:Definition of timeshare agreement
(2) 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
Marginal note:Establishment
42 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
Marginal note:Definition of former regulations
43 In sections 44 to 46, former regulations means the Town of Jasper Zoning Regulations, the National Parks Building Regulations, the National Parks Signs Regulations or the National Parks of Canada Cottages Regulations, as they read immediately before the coming into force of these Regulations.
Marginal note:Permit under former regulations
44 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.
Marginal note:Pre-existing structure
- The following provision is not in force.
45 (1) 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.
- The following provision is not in force.
Marginal note:When provision ceases to apply
(2) Subsection (1) ceases to apply with respect to a structure if, on or after the day on which these Regulations come into force,
- The following provision is not in force.
(a) the floor area of the structure is increased; or
- The following provision is not in force.
(b) 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.
Marginal note:Pre-existing occupancy
46 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
47 [Amendments]
48 [Amendments]
Canada National Parks Act
National Parks General Regulations
49 [Amendments]
National Parks of Canada Camping Regulations
50 [Amendments]
National Parks of Canada Lease and Licence of Occupation Regulations
51 [Amendments]
52 [Amendments]
53 [Amendments]
54 [Amendments]
Environmental Violations Administrative Monetary Penalties Act
55 [Amendments]
56 [Amendments]
57 [Amendments]
Repeals
58 The following Regulations are repealed:
- The following provision is not in force.
(a) Town of Jasper Zoning RegulationsFootnote 6;
Return to footnote 6C.R.C., c. 1111; SOR/92‑61, s. 1; SOR/2004‑314, s. 1
- The following provision is not in force.
(b) National Parks Building RegulationsFootnote 7;
Return to footnote 7C.R.C., c. 1114
- The following provision is not in force.
(c) National Parks Signs RegulationsFootnote 8; and
Return to footnote 8C.R.C., c. 1130
- The following provision is not in force.
(d) National Parks of Canada Cottages RegulationsFootnote 9.
Return to footnote 9SOR/79‑398; SOR/2004‑35, s. 1
Coming into Force
59 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.
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