Canada Gazette, Part I, Volume 157, Number 39: National Parks of Canada Land Use Planning Regulations

September 30, 2023

Statutory authorities
Mackenzie Valley Resource Management Act
Canada National Parks Act
Environmental Violations Administrative Monetary Penalties Act

Sponsoring departments and agency
Department of Crown-Indigenous Relations and Northern Affairs
Department of the Environment
Parks Canada Agency

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Currently, there is no regulatory framework underpinning the land use permitting process for new land uses and construction projects in national parks. Instead, the Parks Canada Agency (Parks Canada) relies on the broad authorities granted to the park superintendent, which has led to a patchwork approach in implementation, compliance, and enforcement. The proposed National Parks of Canada Land Use Planning Regulations (the proposed Regulations), are needed to repeal four outdated 1960s era regulations under the Canada National Parks Act and modernize how Parks Canada delivers its land use planning authorities by consolidating provisions and adopting new land use planning practices.

Background

Parks Canada is the federal agency mandated to protect nationally significant examples of Canada’s natural and cultural heritage. In very limited areas, controlled development is permitted according to strict guidelines to maintain residential, recreational and visitor services without compromising ecological and commemorative integrity. The proposed National Parks of Canada Land Use Planning Regulations would establish a modern regulatory framework to ensure rigorous and transparent assessment of construction or renovation projects and new land uses.

Limited construction activities are enabled through existing regulatory authorities in the Canada National Parks Act that allow the park superintendent to grant permits and land use authorizations, such as development permits or building permits. On average, Parks Canada issues approximately 570 permits per year across all national parks and park reserves. Approximately 510 permits have been issued to third-party stakeholders that include private cottage residents, park community residents (as defined in the Canada National Parks Act), construction and renovation contractors and commercial operators. The remaining permits are issued for projects initiated by Parks Canada. While four outdated land use planning regulations exist, there is no regulatory framework underpinning the decision-making process.

Currently, land use planning authorities for national parks are captured under four outdated regulations:

The existing suite of regulations provide inconsistent direction. Overlapping requirements create confusion for stakeholders as to the purpose and intent of different permits and compliance activities. The existing regulations lack appropriate compliance and enforcement tools, such as stop-work orders or inspection powers, to enforce permit conditions, to prevent inappropriate land uses, and to ensure protection of ecological integrity. The existing regulations are very prescriptive, containing detailed zoning information and references to process, standards and safety codes that are no longer in effect.

In addition, Parks Canada is unable to recover the administrative costs for work done to assess permit applications and is constrained by fee schedules embedded in regulations. Fees associated with land use planning applications, established in the existing regulations, are outdated, some having not been amended since they came into force over 50 years ago. Future consultation will be undertaken to ensure alignment with Parks Canada’s approach to pricing.

The existing regulations do not adequately address asserted Indigenous rights and treaties. There is no recognition in the existing regulations of Indigenous rights and treaties, nor is there the requirement for Parks Canada to engage with Indigenous communities when assessing permit applications. Indigenous engagement requirements have been adopted through policy, however, with no formal consistency.

Of the seven park communities named in the Canada National Parks Act, the Town of Jasper is the only one with established land use direction laid out in regulation. The Town of Jasper Zoning Regulations are static regulations that do not reflect land use changes since they came into force in 1969.

Objective

The objective of the proposed National Parks of Canada Land Use Planning Regulations is to establish a robust decision-review framework to assess authorizations for new land uses and construction and renovation projects in national parks and park reserves that

In addition, repealing fees established within the existing suite of regulations would permit Parks Canada to establish fees in Parks Canada Master List of Fees, improving transparency and aligning with Parks Canada’s approach to pricing.

Description

The proposed Regulations would repeal the National Parks Building Regulations (1968), National Parks of Canada Cottages Regulations (1979), National Parks Signs Regulations (1956), and Town of Jasper Zoning Regulations (1968) and replace them with a consolidated regulatory land use planning regime. The proposed Regulations are designed to be high-level and flexible to provide Parks Canada officials with the authorities needed to approve and enforce permit requirements. The proposed Regulations would apply in national parks and park reserves.

The proposed Regulations would enhance the existing suite of regulatory provisions by

While maintaining and enhancing existing requirements, the proposed Regulations would also introduce the following new requirements:

The proposed Regulations would also repeal existing fees, embedded in the existing suite of regulations. A separate fees proposal will be introduced to update existing fees and would add them to Parks Canada Master List of Fees.

The proposed Regulations would also make minor administrative amendments to two sets of existing regulations:

Regulatory development

Consultation

Communication about the proposed regulatory and policy framework has centred on a number of public and Indigenous engagement and consultation sessions. Consultation summaries (“What We Heard”) are posted on Parks Canada’s project consultation web page.

Initial consultations occurred in 2018–2019 in two stages. During the summer and fall of 2018, public consultations were undertaken with the intent of establishing new regulations and modernizing service delivery. Parks Canada conducted approximately 25 in-person meetings across Canada and received comments from over 200 individuals and organizations. Further targeted consultations took place in Jasper, Alberta, in winter 2019 to discuss housing issues, novel approaches to zoning and the Town of Jasper Zoning Regulations (1968). Through the consultations, five key principles were established:

Recurring comments focused on transparent, local decision making. Above all, participants asked for clear regulations and interpretive guidelines that could be implemented consistently, but with flexibility to continue to develop local land use policies to adapt to local circumstances.

From 2019 to 2021, Parks Canada developed two foundational documents — the proposed National Parks of Canada Land Use Planning Regulations and corresponding Interpretive Guidelines. These documents were developed based on initial consultation, extensive internal workshops, significant policy analysis, and a review of regulatory best practices. These two documents were the central focus of the second phase of consultation and engagement in 2022.

Parks Canada’s second phase of Indigenous and public engagement occurred from January to March 2022. Throughout the consultation period, there were 330+ unique visitors to the website, 40 people participated in open houses and meetings and approximately 58 000 were reached through social media channels. A “public consultation draft” of the proposed Regulations was released, with accompanying consultation material detailing the regulatory and policy framework. The objective of the consultations was to ensure that the proposed framework was well understood and to gauge the level of support for the proposed regulatory approach. Comments from the public and stakeholders were generally supportive of the proposed Regulations. There was continued support for a consistent process, stronger enforcement tools and greater transparency. Strong support was shown for clear regulatory direction for Indigenous engagement and public consultation. The main concerns raised during this round of consultation were about implementation. Stakeholders raised concerns about existing field unit staff capacity and how improvements in service delivery may warrant additional resources. Parks Canada is undergoing a service delivery review exercise to explore these concerns and identify efficiencies as part of ongoing modernization efforts.

Participants also sought clarification on the intent and wording of the proposed Regulations and provided a few comments that requested specific amendments to the proposed Regulations. Some sought more site-specific direction in the provisions that would support a given stakeholder’s interest in a specific park. The proposed Regulations have been revised since 2022 to improve readability and clarity. Site-specific comments were relayed the to the respective national park, where they can be appropriately addressed at the policy level.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, the proposal’s possible treaty implications were assessed. No such implications were identified, including with respect to the issue of jurisdiction. Furthermore, the analysis concluded that the proposed Regulations and corresponding Interpretive Guidelines have been drafted in such a way as to

Parks Canada is committed to reconciliation and the meaningful involvement of Indigenous Peoples in consultations. Throughout the development of the proposed Regulations, Parks Canada provided opportunities to First Nations, Métis and Inuit communities and governments to provide input. In 2018, outreach to Indigenous communities was done through local field units. The communities of Salt River First Nation and Smith’s Landing First Nation expressed interest in the process and were engaged directly regarding their interests in Wood Buffalo National Park.

Indigenous engagement was held in parallel with public consultations in 2022. Notification letters, inviting communities to review the proposed Regulations and offering one-on-one meetings, were sent to 39 Indigenous communities with signed modern treaties; 10 additional invitations were sent to communities currently in modern treaty negotiations; and 24 letters were sent to Indigenous communities with specific interests in the management of Parks Canada lands. Finally, as a result of consequential amendments to the Preliminary Screening Requirement Regulations (1998) under the Mackenzie Valley Resource Management Act, notification letters were also sent to 20 Indigenous communities with identified interests in amendments to the Mackenzie Valley Resource Management Act.

Parks Canada received written comments and engaged in one-on-one conversations. Comments received were supportive of the ways that Indigenous interests are better integrated into the permit process. Some comments recommended wording amendments, which Parks Canada adopted. Other comments sought more specificity in the proposed Regulations; however, were out of scope for the regulatory initiative. Additional comments regarding Indigenous consultation processes and the make-up of potential permit advisory committees were taken into consideration and adopted within the Interpretative Guidelines. Participants emphasized that meaningful, robust engagement through the policy development process, which occurs upstream of the permit process, is fundamental in ensuring that Indigenous Peoples’ rights are respected.

Instrument choice

A range of regulatory and non-regulatory options were considered, including maintaining the status quo as well as taking any other feasible regulatory and non-regulatory actions. The regulatory proposal was chosen as the instrument of choice, with corresponding “plain-language” Interpretative Guidelines and policy instruments to promote instrument sustainability over time. Project classification and detailed steps to the permit process would be in the Interpretative Guidelines, zoning would be addressed through local plans and land use policies, and associated fees would be moved out of existing regulations and added to Parks Canada’s Master List of Fees.

Regulatory analysis

Benefits and costs

The proposed Regulations are expected to have a low-cost impact (less than $1 million annually). The costs and benefits of the proposed Regulations were assessed in accordance with the Treasury Board of Canada Secretariat’s Policy on Cost-Benefit Analysis. Impacts were assessed by evaluating and comparing all of the regulatory requirements within current regulations (the baseline scenario) with the proposed Regulations (the regulatory scenario).

Permit applicants would benefit from an updated permit application, a standardized review process, an improved list of excepted activities, and a suite of enhanced compliance and enforcement tools. A requirement for public and Indigenous engagement and consultation and pre-application meetings for permit applications would impose some costs on a few applicants.

Benefits

The proposed Regulations would establish a suite of standardized regulatory requirements that are anticipated to benefit stakeholders as well as Parks Canada. Requirements include an updated permit application, a standardized review process, a list of exempted activities, and a suite of enhanced compliance and enforcement tools.

Given the inconsistent and informal permit processes currently used in places administered under the authority of the Canada National Parks Act, a standardized process would help reduce administrative costs, for third-party stakeholders as well as for Parks Canada, by providing greater clarity about the process and application requirements. It would reduce the time spent by third-party stakeholders and Parks Canada staff discussing what information is needed for each permit request.

For select permit requests associated with the more significant project proposals, the standardized multi-staged permit process would include public and Indigenous engagement and consultation and pre-application meetings. Many of these processes are currently being applied; however, establishing a standardized process would help consistently address and mitigate any concerns about large-scale projects early in the review process across all places administered by Parks Canada.

The proposed Regulations would also expand the list of minor activities exempt from requiring a permit. Fewer applications would be submitted and reviewed, resulting in benefits for the stakeholders wishing to conduct those activities, given that they would spend less time applying for and waiting for an authorization.

The proposed Regulations would also enhance enforcement and compliance tools. These include standardized conditions to permits, authority to enter and inspect, and the power to issue compliance orders and administrative monetary penalties. It is anticipated this would reduce the number of permit contraventions that are brought before the courts, which would reduce the administrative costs for Parks Canada.

Costs

The proposed Regulations would introduce requirements for public and Indigenous engagement and consultation and pre-application meetings for certain large-scale proposed projects. These requirements vary in degree, depending on the complexity of the project. The consultation requirements for large-scale projects would range from minimum public notifications (e.g. posting a sign of intent to renovate) to full engagement and consultation meetings discussing the details of the proposed project, along with pre-application meeting provisions. These standardized regulatory requirements would increase costs for some stakeholders proposing larger-scale projects, since they would have to attend pre-application meetings and conduct consultations. Some field units, such as parks with park communities where the majority of permit applications are made, currently implement these engagement practices as a matter of policy. Therefore, these new proposed regulatory costs would not be new for all large-scale projects. These requirements would likely only be new for most of the stakeholders operating in parks without park communities. As these requirements would only affect large-scale projects each year, it is anticipated that this change would have minimal impacts and that the overall costs to stakeholders would be low.

The proposed Regulations would also result in new costs for the Government of Canada. The proposed public and Indigenous engagement and consultation requirements, and pre-application meetings for select permit requests would be facilitated by Parks Canada staff. These regulatory requirements may be new for some operational field units, primarily those outside of parks with park communities. The proposed standardized multi-step permit review process is likely to result in some increased costs to some field units without a park community who have not been implementing such requirements to date. These costs would be minimal and would be in the form of additional administrative review time for staff. Additionally, staff would be required to facilitate engagement and consultation sessions. These facilitated engagement and consultation meetings for the few large-scale projects may be a new process for the few field units without park communities.

Improvements in land use planning service delivery would also result in new costs for the Government of Canada. Parks Canada is undertaking a service delivery review to find efficiencies and identify required resources and tools. These modernization efforts, including updated manuals/guidance documents and business process mapping exercises, are likely to result in additional one-time costs. Furthermore, Parks Canada’s future digitalization and modernization strategy includes the proposed Regulations; a portion of the overall costs of enhanced digital tools will be incurred as a result of the adoption of the proposed Regulations. The costs of these improvements will be substantially offset by service delivery improvements and newfound efficiencies.

Methodology

A set of baseline information of the current types and number of permits being issued per year was needed to be able to determine the benefits and costs to stakeholders resulting from updating the existing regulations. This baseline information of the types and number of permits being issued inform the incremental differences in costs and benefits that would arise from the proposed Regulations.
Data related to the types and number of permits issued each year under the current planning authorities is sparse and inconsistent. Therefore, for the purposes of this analysis, the majority of data related to the number of permits issued per year comes from a selection of Parks Canada’s mountain and prairie parks only (Banff, Lake Louise, Yoho, Kootenay, Prince Albert, Riding Mountain, and Waterton Lakes).

The vast majority of proposed projects occur in these select national parks. This is a result of these select national parks having established designated park communities that include a mix of residential and commercial leases on park lands. Given that there was little to no information regarding the number of permits issued at parks without park communities, extrapolated calculations were made to determine the approximate total number of permits issued per year. Since the majority of proposed projects only occur on lands that are leased to third parties, the number of commercial and residential leases across all parks with and without park communities was first determined. Then the overall percentage of park community leases that had been issued a permit each year was calculated. The proportional ratio of the number of permits issued to the number of leases in park communities was used to determine the potential number of permits issued per year for the existing leases in protected areas outside of park communities. In addition, the proportion of commercial and residential leases was used in determining the number of commercial and residential permits each year.

Approximately 98% (500) of the 510 third-party permits issued annually by Parks Canada are issued within parks with park communities. These projects are typically reviewed and authorized under the four regulations that will be repealed (as noted in the “Background” section). The majority (approximately 90%) of the 500 permits issued in park communities are for residential leases, with the remaining approximately 10% for commercial leases.

The remaining percentage (2%, approximately 10) of all permits issued each year from national parks without park communities are reviewed and authorized under a mix of site-specific policies and land use agreements. The majority (84%) of these permits issued outside of park communities are issued to commercial leaseholders, with the remaining 16% issued to residential leaseholders.

Approximately 10 to 20% of the 510 third-party permit applications received each year come from small businesses. Permit applications range from small renovation projects to new land uses and larger building construction projects. Smaller renovation projects make up the majority (approximately 85%) of third-party permit applications received each year. Complex, larger and more administratively demanding new land uses and construction applications account for the remaining 15%. Project proponents vary from individuals seeking to renovate their homes or cottages, commercial entities (including small businesses) seeking to improve their storefronts, to large companies seeking to develop recreational infrastructure. The overall permit application review process at each national park is broadly the same: a stakeholder provides information pertaining to their proposed project, either through a formal application or an informal letter, Parks Canada staff reviews the proposed project and the park superintendent either denies or issues them a permit to conduct the activity.

The number of permit applications per year in the existing national parks network has remained relatively constant for the past 10 years and is expected to remain so for the next 10 years.

Small business lens

The proposed Regulations would apply to a limited number of Canadian small businesses (approximately 50 to 100 entities, such as construction and renovation contractors, golf courses, restaurants, lodges and small hotels). Approximately 10 to 20% of the 510 third-party permit applications received each year come from small businesses. Commercial stakeholders are disproportionately represented across parks with a small proportion (approximately 13%) of permits being issued to commercial stakeholders in parks with park communities, with a much larger proportion (approximately 84%) of the permits being issued to commercial stakeholders in national parks without park communities.

Some of the small businesses operating in national parks without park communities (approximately eight permits per year) are expected to bear some compliance costs from the proposed Regulations resulting from the engagement and consultation and pre-meeting requirements. These costs would only apply to the small number of permits in parks without park communities as described above. To help minimize the effect of these new requirements, the proposed Regulations provide flexibility, allowing for some elements of public engagement to be determined on a project-by-project basis at the park level. In addition, small businesses would also be afforded some administrative benefits as a result of the additional exemptions, enabling many minor and low-impact projects to proceed without a permit.

One-for-one rule

The one-for-one rule applies, as the proposal results in an incremental increase in administrative burden on business. Four regulatory titles under the Canada National Parks Act will be repealed and replaced with the proposed National Parks of Canada Land Use Planning Regulations. As a result, a net of three titles out is counted under the rule. This results in a net decrease in regulatory titles, considered an “out” under the one-for-one rule.

The proposed Regulations would result in annualized net administrative cost savings of about $43 (2012 dollars) for commercial stakeholders, with an annualized administrative cost savings of $1.87 per commercial stakeholder.

The standardized information requirements in the proposed Regulations would introduce a small amount of administrative costs to commercial stakeholders. On average, the time it takes a commercial stakeholder to fill out a permit application ranges from under 45 minutes for minor projects to four hours for large-scale projects. The information requirements would likely be familiar to the majority of commercial stakeholders (i.e. those operating in parks with park communities) and would not result in any additional costs; however, some elements would be new for the commercial stakeholders operating in parks without park communities. Parks Canada estimates that one third of the standardized information requirements will be new for those stakeholders — including demonstrating that the project is not likely to cause significant adverse environmental effects, conforms with all required building and construction codes, and is in the interest of the national park or park reserve. It is anticipated that an additional 15 minutes (one third of the 45 minutes) will be required to fill out the minor applications and an additional 80 minutes (one third of the 4 hours) for large applications at $30.47/hr. This results in an annual cost of $258.00 (2012 dollars).

The proposed Regulations would exempt minor, routine projects from needing a permit, resulting in fewer applications to be reviewed. These exemptions would result in a reduction in the administrative burden for some stakeholders, given that they would no longer be required to proceed through the permit application process. This would result in less time applying and waiting for an authorization to conduct their proposed activity. These regulatory exemptions would apply to approximately 20% of low-impact commercial projects. Since these will apply to small projects with applications that take approximately 45 minutes to fill out, at $30.47/hr, the cost would be $22.85 per project. This results in an annual benefit of $342.75 (2012 dollars).

Regulatory cooperation and alignment

The proposed Regulations would only apply to federally regulated national park and park reserve lands. While there is no direct link to other provincial or municipal jurisdictions, Parks Canada officials examined and incorporated other jurisdictions’ best practices in land use planning when developing this proposal (e.g. Parks Canada looked at the multi-staged permit review process required by municipal planning authorities through provincial legislation).

The proposed Regulations aim to harmonize the regulatory permit requirements with current provincial building code requirements. This was an issue raised during stakeholder consultations and has been addressed by requiring permit applicants to provide information demonstrating that the proposed project meets the requirements set out in any building, fire, plumbing, electrical or energy efficiency codes that apply in the province or territory in which the project is located or that are published by the National Research Council of Canada or by the Canadian Standards Association. This approach will help to ensure that Parks Canada is authorizing projects that are aligned with current provincial and national building and safety code requirements.

Furthermore, in the 2018 Fall Economic Statement, the Government of Canada committed to removing barriers to trade within Canada by, among other ways, working with provinces and territories to align regulations in the construction sector (including the harmonization of building codes across Canada). The proposed regulatory requirements align with this commitment by ensuring that each construction or renovation project that Parks Canada authorizes conforms with established applicable codes.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment was conducted. The assessment concluded that the proposed Regulations will have positive environmental effects and will contribute to the implementation of the 2019–2022 Federal Sustainable Development Strategy goals:

In addition, the assessment demonstrated that the proposed Regulations aim to support the health and protection of national parks across Canada by strengthening and modernizing the permit review process. The proposed framework has been designed to ensure the continued protection of the ecological integrity of places administered by Parks Canada for present and future generations. The proposed Regulations would attempt to lessen the overall negative environmental, cultural heritage and visitor impacts associated with proposed projects by creating a more robust review process and enhancing environmental and cultural heritage assessments of all permit applications. The proposed regulatory requirements aim to meet the long-term ecological and commemorative integrity protection goals set out in management and community plans. The proposed Regulations’ enhanced compliance and enforcement tools would provide additional assurances that the protective mitigation measures established by Parks Canada within a permit’s conditions will be implemented accordingly. Some of the key elements of the proposed Regulations that have the potential to provide positive effects to the ecological and commemorative integrity of Parks Canada places include

Additional requirements have been introduced into the permit process that would provide Parks Canada and members of the public, stakeholders and Indigenous communities with additional opportunities to identify and discuss any potential concerns and mitigation measures they might deem necessary to protect and maintain the ecological integrity of Parks Canada places. The proposed Regulations also aim to align with the Impact Assessment Act. In the case where an application concerns a project for which an impact assessment is required under the Impact Assessment Act, a permit may only be issued if a determination has been made under the Impact Assessment Act that the project is not likely to cause significant adverse environmental effects or that the Governor in Council decides, under subsection 90(3) of the Act, that those effects are justified in the circumstances.

Gender-based analysis plus

Through the consultations undertaken to date, there was no indication that the proposed Regulations would disproportionately affect any one group. As a result, Parks Canada has not identified any potential gender-based analysis plus (GBA+) implications that may result from the implementation of the proposal. To ensure the proposed Regulations will not disproportionately affect any group, Parks Canada made various accommodations to make sure the needs of all Canadians are heard and addressed throughout the permit process. These accommodations include introducing regulatory requirements for more significant project proposals, such as mandatory pre-application meetings and engagement and consultation requirements. These accommodations aim to ensure the concerns and questions of all Canadians are accounted for.

Implementation, compliance and enforcement, and service standards

Implementation

The proposed Regulations will come into force on the day on which they are registered.

The proposed Regulations have been designed to be flexible and provide Parks Canada with the authorities to approve and enforce permit requirements. The proposed Regulations would require stakeholders to seek a permit before undertaking regulated uses and projects, while also broadening inspection powers, exempting minor and routine projects, and requiring Indigenous and public consultation. The proposed Regulations would apply to permits for new construction/renovation projects and approvals for newly proposed land uses; the proposed Regulations would not be applied retroactively.

To support implementation, Interpretive Guidelines would be published upon finalization of the proposed Regulations to help stakeholders and regulated parties understand how Parks Canada would go about implementing the proposed Regulations in greater detail. The Interpretive Guidelines would outline when permits and other authorizations are required, how Parks Canada assesses and makes decisions on permit applications, and how Parks Canada enforces compliance.

The proposed Regulations and corresponding Interpretive Guidelines would set the decision-making process by which Parks Canada reviews permit applications across all national parks. The proposed Regulations would establish a rigorous and transparent assessment in how Parks Canada administers its land use authorities.

Existing fees for land use planning services are embedded in regulations that would be repealed and replaced by the proposed Regulations. A separate fees proposal will also be introduced to update the existing fees and to add them to the Parks Canada Master List of Fees. This would allow fees to be updated and maintained outside of the proposed Regulations. The separate fees proposal will be subject to the requirements of the Parks Canada Agency Act and the Service Fees Act, including consultation.

Compliance and enforcement

The proposed Regulations would establish enhanced powers aimed at improving compliance with their provisions and established land use agreements. This includes providing Parks Canada officials with the authority to, at any reasonable time and for the purpose of verifying compliance with the conditions of a permit or the provisions of the proposed Regulations, enter any place in a park to inspect a project in respect of which a permit has been issued or any place in a park in which the park superintendent believes on reasonable grounds a project has been, is being or is likely to be carried out without a permit (limitations would exist for a dwelling-place). New orders would also permit the park superintendent to stop work on a project, stop the use or occupation of a structure, or require the demolition, removal, repair or replacement of a structure.

Failure to comply with an enforcement order may result in an administrative monetary penalty and Parks Canada staff entering the area to ensure the required measures are being carried out, or to carry out the required measures. Administrative monetary penalties could be issued for carrying out construction, land use, or occupancy without a permit, violating the terms and conditions of a permit or other authorization, failing to adhere to minimum property maintenance standards, or failing to comply with an enforcement order.

A compliance and enforcement strategy would be developed to ensure the continued success and consistent implementation of the proposed Regulations.

Service standards

In accordance with the Service Fees Act, Parks Canada will develop service standards for new fees, as appropriate. In addition to the proposed Regulations, Parks Canada is undertaking several initiatives tied to regulatory modernization and other non-regulatory initiatives; these initiatives are expected to have a positive impact on the performance of current review timelines.

Parks Canada will be required to report on service standard performance, corresponding with new fees proposed to be added to the Parks Canada Master List of Fees. As required by the Service Fees Act, Parks Canada will undertake consultations prior to implementing any changes from regulatory modernization.

Contact

Alison Lobsinger
Director
Policy, Legislative and Cabinet Affairs
Parks Canada Agency
Email: alison.lobsinger@pc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed National Parks of Canada Land Use Planning Regulations under paragraph 143(1)(b) of the Mackenzie Valley Resource Management Act footnote a, section 16footnote b of the Canada National Parks Act footnote c and paragraphs 5(1)(a) and (b) of the Environmental Violations Administrative Monetary Penalties Act footnote d.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Megan Rueckwald, Land Use Planning Services, Real Property and Assets Directorate, Parks Canada Agency, 30 Victoria Street, Gatineau, Québec J8X 0B3 (tel.: 613‑295‑3699; email: Megan.Rueckwald@pc.gc.ca).

Ottawa, September 21, 2023

Wendy Nixon
Assistant Clerk of the Privy Council

National Parks of Canada Land Use Planning Regulations

Interpretation

Definitions

1 (1) 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)

Interpretation of “park”

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

Application

Exception — Banff

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

Prohibitions

Works, activities and land uses

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

Occupancy

(2) It is prohibited to occupy a building, or any part of it, other than in accordance with an occupancy authorization.

Exceptions

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

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.

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

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

Permits

Application and Consultation

Application

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.

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

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

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.

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

Superintendent

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

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.

Conditions of permit

12 The superintendent may make a permit subject to any conditions that the superintendent considers appropriate, including any of the following:

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.

Security

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.

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.

Return of security

(3) The superintendent must return the security to the permit holder as soon as possible after the certificate of completion is issued with respect to the project.

Expiry and Renewal

Expiry of permit

15 (1) A permit expires on the earlier of the fifth anniversary of the day on which the permit is issued or the day specified in the permit.

Renewal

(2) On application, the superintendent may, before the expiry of a permit, renew the permit for a period of no more than 12 months, if the conditions referred to in paragraphs 11(1)(a) to (d) are met, and, if the superintendent renews the permit, may make that permit subject to additional conditions.

Certificate of Completion

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.

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

Suspension

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.

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.

Reinstatement

(3) The superintendent must reinstate a suspended permit or occupancy authorization

Revocation

19 (1) The superintendent may revoke a permit or occupancy authorization if

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

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, as soon as possible, 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

Request for review

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 by submitting a request in writing to the Chief Executive Officer within 30 days after the day on which they are given the notice referred to in section 20.

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

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.

Notice of decision

(4) The Chief Executive Officer must, as soon as possible after reaching a decision, provide notice in writing, including the reasons for the decision, to the person who requested the review.

Maintenance Standards and Other Requirements

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

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.

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.

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:

Floor area of cottages

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

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

Application

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.

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.

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 46(1), as the case may be.

Inspection Powers

Inspection

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

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.

Superintendent’s order

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

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.

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

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.

Application for preliminary approval

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.

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

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.

Public consultation

34 The superintendent may consult with the public with respect to an application for the preliminary approval of a subdivision.

Consultation with Indigenous peoples

35 The superintendent must consult with the Indigenous peoples who may be affected by a subdivision proposed by an applicant if the subdivision has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982.

Preliminary approval

36 The Minister may grant a preliminary approval for a subdivision if

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

Revocation of preliminary approval

38 The Minister may revoke the preliminary approval of the subdivision if

Expiry of preliminary approval

39 The preliminary approval of a subdivision expires on the earlier of the fifth 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.

Final approval

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.

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

Prohibition

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.

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

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

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.

Permit under former regulations

44 Every permit issued under 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.

Pre-existing structure

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 that were applicable under the former regulations with respect to the structure are met.

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,

Pre-existing use or occupancy

46 (1) Despite subsection 3(2), any person who, immediately before the day on which these Regulations come into force, was permitted under the former regulations to make a particular use of land or of a structure, or to occupy a building for a particular purpose, is permitted to continue that use or occupancy under these Regulations.

When provision ceases to apply

(2) Subsection (1) ceases to apply if, on or after the day on which these Regulations come into force,

Consequential and Related Amendments

Mackenzie Valley Resource Management Act

47 Item 15 of Part 2 of Schedule 1 to the English version of the Preliminary Screening Requirement Regulations footnote 1 is repealed.

48 Part 2 of Schedule 1 to the Regulations is amended by adding the following in numerical order:
Item

Column 1

Equivalent item number in French text

Column 2

Regulations

Column 3

Provision

Column 4

Limitations
16.1 0.1 National Parks of Canada Land Use Planning Regulations (Canada National Parks Act) subsection 7(1) Applies only to permit for project that includes any of the following:
  • a) the construction of a structure with a floor area of more than 10 m2
  • b) an alteration that increases a structure’s floor area to more than 10 m2
  • c) the alteration, demolition or removal of a structure, or a change to its use, if the structure is of historical significance
  • d) the installation, alteration or removal of a public utility
  • e) the construction, alteration or removal of a public roadway, railroad, gondola or ski lift

Canada National Parks Act

National Parks General Regulations

49 Section 10 of the National Parks General Regulations footnote 2 is replaced by the following:

10 No person shall remove, deface, damage or destroy any flora or natural objects in a Park, other than in accordance with a permit issued under subsection 11(1) or 12(1) or an authorization or permit issued under the National Parks of Canada Land Use Planning Regulations.

National Parks of Canada Camping Regulations

50 Paragraph 12(b) of the National Parks of Canada Camping Regulations footnote 3 is replaced by the following:

National Parks of Canada Lease and Licence of Occupation Regulations

51 The definition subdivision in subsection 2(1) of the National Parks of Canada Lease and Licence of Occupation Regulations footnote 4 is replaced by the following:

subdivision means the division of an existing leasehold title or licence of occupation, whether the title or licence covers one or more parcels of land; (lotissement)

52 Subsection 3(9) of the Regulations is replaced by the following:

(9) The Minister shall not amend, or accept the surrender of, a lease of public lands for purposes relating to the subdivision of the lands — other than in the Town of Banff — unless the Minister has granted final approval for the subdivision under subsection 40(1) of the National Parks of Canada Land Use Planning Regulations.

53 Subsection 18(15) of the Regulations is replaced by the following:

(15) The Minister shall not amend, or accept the surrender of, a licence of occupation of public lands for purposes relating to the subdivision of the lands — other than in the Town of Banff — unless the Minister has granted final approval for the subdivision under subsection 40(1) of the National Parks of Canada Land Use Planning Regulations.

54 The heading of Part 1 of Schedule 1 of the French version of the Regulations is replaced by the following:

PARTIE I

Périmètre urbain de Banff

Environmental Violations Administrative Monetary Penalties Act

55 Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 5 is amended by adding the following after Part 7:

PART 8

National Parks of Canada Land Use Planning Regulations
Item

Column 1

Provision

Column 2

Violation Type
1 3(1)(a) B
2 3(1)(b) C
3 3(1)(c) C
4 3(1)(d) C
5 3(1)(e) C
6 3(1)(f) C
7 3(1)(g) C
8 3(1)(h) B
9 3(2) B
10 14(2) A
11 22 B
12 23 B
13 24 B
14 26(1) C
15 28(2) B

56 Schedule 2 to the Regulations is amended by adding the following after Part 3:

PART 4

National Parks of Canada Land Use Planning Regulations
Item

Column 1

Provision

Column 2

Violation Type
1 29(1) B

57 Schedule 3 to the Regulations is amended by adding the following after Part 2:

PART 3

National Parks of Canada Land Use Planning Regulations
Item

Column 1

Provision

Column 2

Violation Type
1 6 B
2 12 B
3 13 B

Repeals

58 The following Regulations are repealed:

Coming into Force

Registration

59 These Regulations come into force on the day on which they are registered.

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