National Parks of Canada Land Use Planning Regulations (SOR/2024-230)

Marginal note:Definitions

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  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)

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  Marginal note:Interpretation of “park”

  (2) In these Regulations, a reference to a “park” includes a reference to a “park reserve”.

Marginal note:Exception — Banff

2 These Regulations do not apply in the town of Banff.

Marginal note:Works, activities and land uses

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  3 (1) It is prohibited to do any of the following, other than in accordance with an authorization or permit issued by the superintendent:

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    (a) change the use of any land or structure, including by changing the intensity of that use;

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    (b) construct, install, alter, move, remove or demolish a structure;

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    (c) excavate the ground or dump fill;

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    (d) materially alter the grade of the land or surface drainage patterns;

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    (e) landscape an area with non‑living materials such as paving stones or make alterations to such landscaping;

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    (f) plant a non‑native or fruit‑bearing plant species;

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    (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;

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    (h) install exterior lights, other than temporarily for the purpose of a seasonal event.

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  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

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  4 (1) Subsection 3(1) does not apply in respect of any of the following:

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    (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;

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    (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;

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    (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;

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    (d) a work or activity that is carried out solely for the purpose of constructing, installing, maintaining or repairing a public roadway or utility;

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    (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;

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    (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.

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  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.

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

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  (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

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  (b) it includes a change to the use of any land or structure, including by changing the intensity of that use.

Marginal note:Application

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  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.

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  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

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    (a) the name of the applicant and their contact information;

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    (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;

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    (c) information demonstrating that the proposed project is in conformity with the provisions of the Act and these Regulations;

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    (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;

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    (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

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    (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

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  (a) the construction, installation, alteration, demolition or removal of a structure;

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  (b) a change to the use of land or of a structure;

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  (c) the installation, alteration or removal of a public utility;

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  (d) the construction, alteration or removal of a public roadway, railroad, gondola or ski lift; or

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  (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.

Marginal note:Superintendent

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  11 (1) The superintendent may, on application, issue or amend a permit that authorizes a person to carry out a proposed project if

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    (a) the project is in conformity with the provisions of the Act and any Regulations made under it;

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    (b) the project is in conformity with any land use agreement in respect of the parcel on which the project is to be located;

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    (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

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    (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.

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  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:

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  (a) that certain types of plans, drawings, specifications or studies be prepared in respect of the project;

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  (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;

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  (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;

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  (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;

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  (e) that measures be implemented to mitigate the impact of the project.