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

Canada Gazette, Part II, Volume 158, Number 25

Registration
SOR/2024-230 November 22, 2024

MACKENZIE VALLEY RESOURCE MANAGEMENT ACT
CANADA NATIONAL PARKS ACT
ENVIRONMENTAL VIOLATIONS ADMINISTRATIVE MONETARY PENALTIES ACT

P.C. 2024-1235 November 22, 2024

Whereas, under subsection 143(1)footnote a of the Mackenzie Valley Resource Management Act footnote 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;

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

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 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 second anniversary of the day on which the permit is issued or the expiry day specified in the permit.

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

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 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 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.

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 provide written notice of their decision, including the reasons, 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 section 46, 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 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.

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 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.

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 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.

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 applicable with respect to the structure under the former regulations were 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 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 Item 11 of Part 2 of Schedule 1 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

Regulations

Column 2

Provision

Column 3

Limitations
16.1 National Parks of Canada Land Use Planning Regulations subsection 7(1) Applies only to a permit for a 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 5:

PART 5.1
Canada National Parks Act and its Regulations

DIVISION 1

Canada National Parks Act
Item

Column 1

Provision

Column 2

Violation Type
1 13(b) B
2 32(1) C

DIVISION 2

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

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.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

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

Background

Parks Canada is the federal agency mandated to protect nationally significant examples of Canada’s natural and cultural heritage. In limited areas of Parks Canada administered places, land development is permitted according to strict guidelines intended to maintain residential, recreational and visitor services without compromising ecological and commemorative integrity. The Regulations will establish a modern regulatory framework to guide the rigorous and transparent assessment of proposed new construction, property maintenance-renovation projects, and modifications of land use.

Construction activities are enabled through existing regulatory authorities under the Canada National Parks Act that allow a park superintendent to grant permits and land use authorizations. Parks Canada issues, on average, approximately 570 permits annually within all national parks and park reserves. More than 90% of permits (510) are for third-party projects conducted by park community residents, private cottage residents, commercial operators, and professional contractors working on their behalf. The remaining permits are issued for projects initiated by Parks Canada.

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

The existing suite of regulations provide inconsistent and sometimes contradictory direction. Overlapping and outdated requirements create confusion for proponents as to the overall purpose, scope and intent of the permits, development standards, and compliance procedures. The existing regulations lack adequate authorities for compliance and enforcement, such as stop-work orders or inspection powers, needed to enforce permit conditions, 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 completed to assess permit applications and, further, is constrained by fee schedules embedded in these existing regulations. The fees for land use planning applications are outdated and many have not been amended since coming into force more than 50 years ago. Consultation with the public and internal stakeholders was undertaken to confirm acceptance of the principles informing fee setting and alignment with Parks Canada’s general 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 subject to land use standards laid out in a regulation. The Town of Jasper Zoning Regulations have had only minor updates since they came into force in 1968 and are neither reflective of actual land use change occurring within the park community, nor modern approaches to land use and development management.

Objective

The objective of the National Parks of Canada Land Use Planning Regulations is to establish a robust application review and decision framework to assess requests for the authorization of land uses, new construction and/or routine renovation projects in national parks and park reserves that

In addition, the repealing of fees embedded in the existing regulations will provide an opportunity for Parks Canada to establish new fees in Parks Canada’s Master List of Fees in a timely manner that improves transparency and aligns with Parks Canada’s overall approach to pricing.

Description

The Regulations will repeal the National Parks Building Regulations (1968), the National Parks of Canada Cottages Regulations (1979), the National Parks Signs Regulations (1956) and the Town of Jasper Zoning Regulations (1968) and replace them with a consolidated regulatory land use planning regime. The Regulations are applicable to leasehold and licensed lands in national parks and park reserves and are designed to provide Parks Canada officials with the authorities needed to approve permits and enforce development standards.

The Regulations will enhance the existing suite of regulatory provisions by

While maintaining and enhancing existing requirements, the Regulations will also introduce the following new provisions to

The Regulations will also repeal current application fees embedded in the existing suite of regulations. The fee proposal that amends Parks Canada’s Master List of Fees will involve updates to existing fees and new fees based on market considerations and cost recovery priorities.

The Regulations will also make minor administrative amendments to three sets of existing regulations:

Regulatory development

Consultation

Communications of the proposed regulatory and policy framework for development and land use control centred around numerous 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 on the intent to establish 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: ecological integrity; consistency; transparency; flexibility; and public participation.

Recurring comments placed a focus 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 more than 330 unique visitors to the website, 40 people participated in open houses and meetings and approximately 58 000 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 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 around implementation. Stakeholders raised concerns with existing field unit staff capacity and how improvements in service delivery may warrant additional resources. Parks Canada undertook a service delivery review exercise to explore these concerns and identify efficiencies to inform modernization.

Participants also sought clarification on intent and wording with the proposed Regulations and provided a few comments that requested specific amendments to the proposed Regulations. Some individuals sought more site-specific direction in the provisions to inform a given stakeholder’s interest in a particular park. The proposed Regulations have been continually revised to improve readability and clarity. Site specific comments were forwarded to the respective national park field unit, with the intention of further considering appropriate responses at the local land use policy level.

The third and final phase of Parks Canada’s consultation occurred from September to November 2023 and involved two focus areas for concurrent public comment: the proposed Regulations, as prepublished in the Canada Gazette, Part I, and the principles for fees and service standards. Overall, the public has indicated strong support for the proposed regulatory and policy framework. There was broad sentiment that the design of the Land Use Planning Program progressed in the correct direction and that the intention of improving service delivery through standardized administrative procedures and improved transparency of application requirement, fees and service standards, and decision-making processes would assist in enhancing stakeholder trust.

The final consultation period was conducted entirely on-line and resulted in 760 visits to the program website page and involved 61 downloads of background documents. In total, 20 individuals provided a total of 127 comments on the Canada Gazette, Part I, platform, while 36 individuals contributed supplementary feedback through the Land Use Planning Program (LUPP) website. The public shared feedback focused on perceived limits of existing program capacity related to staff resourcing, administrative procedures, digital support tools, processing timelines, value for service and cost-recovery objectives. Through the consultations, the public made it clear that three main themes would inform the future success of the program: process improvements (clarity, transparency and accountability), leading locally (local policy framework), and Parks Canada capacity (enhanced service delivery). Twenty-six individuals provided detailed survey responses regarding the principles for fees and service standards. The comments provided through this survey emphasized the public’s interest in ensuring balancing of public good vs. private benefit (good value for money); cost recovery and market adjacency (appropriate pricing factors); and quality and timely services (service improvements). Consultations were considered a success and largely demonstrated positive to neutral support for the drafted Regulations and principles underpinning the fees and service standards proposal.

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 the proposed Regulations and associated implementation guidance 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, Metis 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 Smiths Landing First Nation expressed interest in the process and were engaged directly on 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 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, that were out of scope for the regulatory initiative. Additional comments around Indigenous consultation processes and the make up of potential permit advisory committees were taken into consideration and adopted within the Interpretive Guidelines. An emphasis was placed on meaningful and robust engagement through the policy development process, which occurs upstream of the permit process, and is fundamental in ensuring that Indigenous peoples’ rights are respected.

Instrument choice

A range of regulatory and non-regulatory options were considered, including the status quo and any other feasible regulatory and non-regulatory actions. The regulatory proposal was chosen as the instrument of choice with corresponding “plain-language” Interpretive Guidelines and policy instruments to promote instrument sustainability over time. Details about permit application review process is outlined in the Interpretive Guidelines, while development and design standards would be addressed through local plans and land use policies, and the associated fees and service standards would be added to Parks Canada’s Master List of Fees.

Regulatory analysis

Benefits and costs

The Regulations are expected to have a low-cost impact (less than $1 million annually). The costs and benefits of the 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 the suite of regulatory requirements within current regulations (the baseline scenario) with the proposed Regulations (the regulatory scenario).

Proponents will benefit from an updated permit application, a standardized review process, an improved list of exempted 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 Regulations establish a suite of standardized regulatory requirements that are anticipated to benefit both proponents and Parks Canada, including an updated permit application, a standardized review process, a list of exempted activities, and a suite of enhanced compliance and enforcement tools.

As compared to the inconsistent and informal permit processes currently existing in places administered under the authority of the Canada National Parks Act, a standardized process will help reduce administrative costs to both third-party proponents and Parks Canada, by providing greater clarity of the process and application requirements. It will reduce the time spent by both third-party proponents and Parks Canada staff discussing what information is needed for each permit request.

For a limited number of permit applications involving complex development proposals or the subdivision of lands, the Regulations may require consultation or pre-application meetings prior to a superintendent making a decision. The intention is to ensure that any potential impact on the rights of Indigenous peoples affirmed by the Constitution Act, 1982 is considered, and that the holder of a land agreement has a clear direction from a superintendent about the land use planning process prior to preparing an application. Many of these processes are currently being applied; however, the proposed standardized approach will help consistently address concerns with the nature of a complex project and/or anticipated timeline constraints early in the review process conducted by Parks Canada.

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

Finally, the Regulations will also enhance the limited enforcement and compliance tools currently available to Parks Canada. These tools 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 will reduce the number of permit contraventions that end up in the courts, which will reduce the administrative costs for Parks Canada.

Costs

The Regulations introduce new requirements for public engagement and involvement, Indigenous consultation, and pre-application meetings for certain, complex large-scale proposed projects. These requirements vary depending on the nature, complexity, and scale of the project. The consultation requirements for projects range from minimum public notification for small projects (e.g. website notice, sign posting at property, etc.) to public information sessions for large projects, and include requests or requirements for pre-application meetings with Parks Canada. These standardized regulatory requirements would add additional costs for some proponents proposing larger scale projects as a result of having 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 regulatory costs would not be new for all the large-scale projects. These requirements would likely only be new for most of the proponents operating in parks without park communities. As these requirements would only impact large-scale projects, it is then anticipated that this change will have minimal impacts and that the overall costs on proponents to be low.

The Regulations will also result in new costs for the Government of Canada. The public and Indigenous engagement and consultation requirements and pre-application meeting for select permit requests will 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 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 both in the form of additional administrative review time for staff and processing time for application and fee intake. Additionally, staff would be required to facilitate engagement and consultation. 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 will also result in new costs for the Government of Canada. Parks Canada has undertaken service delivery review to find efficiencies and identify required resources and tools. The path to modernization includes updated guidance documents, based on the findings of business process mapping exercises that are likely to incur additional one-time costs. Furthermore, Parks Canada’s future digitalization and modernization strategy includes the Regulations; a portion of the overall costs of enhanced digital tools will be incurred as a result of the adoption of the 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 proponents 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 arising from the Regulations.

Data related to the types and number of permits issued each year under the current planning authorities is sparse and inconsistent. As such, 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 (Jasper, Lake Louise, Yoho, Kootenay, Prince Albert, Riding Mountain and Waterton Lakes).

The vast majority of proposed projects occur in these national parks with regulated park communities that feature a mix of residential, commercial and institutional leases on park lands. Given 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 most proposed projects occur on lands that are leased or licensed to third parties, the number of commercial and residential leases across all parks with and without park communities were first determined. Then the overall percentage of park community leases that had been issued a permit each year was calculated. The proportional ratio of permits issued to number of leases in park communities was used to determine the potential number of permits issued per year of 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 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 (~90%) of the 500 permits issued in park communities are from residential leases, with the remaining ~10% for commercial leases.

The remaining percentage (2%, approximately 10 permits) 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%–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 proponent 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 Regulations will apply to a limited number of Canadian small businesses (approximately 50–100 entities, such as construction and renovation contractors, golf courses, restaurants, lodges and small hotels). Approximately 10%–20% of the 510 third-party permit applications received each year come from small businesses. Commercial proponents are disproportionately represented across parks with a small proportion (approximately 13%) of permits being issued to commercial proponents in parks with park communities, with a much larger proportion (approximately 84%) of the permits being issued to commercial proponents in national parks without park communities.

Some of these small businesses operating in national parks without park communities (approximately eight permits per year) are expected to bear some compliance costs from the Regulations resulting from the engagement and consultation and pre-meeting requirements. These costs would only apply to those small number of permits in parks without park communities, as described above. To help minimize the effect of these new requirements, the 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 be afforded administrative benefits resulting from permit exemptions that provide for minor and low-impact projects to proceed without a permit.

One-for-one rule

The one-for-one rule applies, as the Regulations result in an incremental increase in administrative burden on businesses. Four regulatory titles under the Canada National Parks Act will be repealed and replaced with the 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 Regulations will result in annualized net administrative cost savings of about $43 (2012 dollars) for commercial proponents, with an annualized administrative cost savings of $1.87 per commercial proponent.

The standardized information requirements in the Regulations will introduce a small amount of administrative costs to commercial proponents. On average, the time it takes a commercial proponent to fill out a permit application ranges from under 45 minutes for minor projects to 4 hours for large-scale projects. The information requirements will likely be familiar to the majority of commercial proponents (i.e. those operating in parks with park communities) and would not incur any additional costs; however, some elements will be new for the commercial proponents operating in parks without park communities. Parks Canada estimates that a third of the standardized information requirements will be new for those proponents (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 (a third of the 45 minutes) will be required to fill out the minor applications and an additional 80 minutes (a third of 4 hours) for large applications, at $30.47/hour. This results in an annual cost of $258 (2012 dollars).

The Regulations will exempt minor, routine repair projects from the general requirement to obtain a permit and result in fewer applications being submitted for review. These exemptions would result in a reduction in administrative burden for some proponents, given they would no longer be required to proceed through the application process. This would result in less time applying and waiting for an authorization to conduct their proposed activity. These regulatory exemptions would exempt 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/hour, the cost would be $22.85 per project. This results in an annual benefit of $342.75 (2012 dollars).

Regulatory cooperation and alignment

The Regulations will 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 administration when developing the Regulations (e.g. Parks Canada looked at the multi-staged permit review process required by municipal planning authorities under provincial legislation and the land-use service fee structures of comparable local governments).

The Regulations aim to harmonize the building permit requirements with the general approach of provincial building codes. Stakeholder consultation feedback informed the new regulatory requirement that permit applicants provide information demonstrating that a proposed project meets or exceeds 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 ensure that Parks Canada is authorizing projects in alignment with the current provincial and/or national building and safety code standards. Importantly, the Government of Canada committed, in the 2018 Fall Economic Statement, to removing barriers to trade within Canada by — amongst other things — working with provinces and territories to align regulations in the construction sector (including the harmonization of building codes across Canada). The regulatory requirement aligns with this federal commitment by ensuring that each project approved by Parks Canada complies with the locally established code standards.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a strategic environmental assessment was conducted. The assessment concluded that the 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 Regulations aim to support the health and protection of national parks across Canada by strengthening and modernizing the permit review process. The framework has been designed to ensure the continued protection of Parks Canada administered places’ ecological integrity for present and future generations. The Regulations will 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 regulatory requirements aim to meet the long-term ecological and commemorative integrity protection goals set out in management and community plans. The Regulations feature enhanced compliance and enforcement tools that provide new measures through which Parks Canada can ensure permit conditions requiring protective mitigation measures, for example, are implemented during a project. Some of the key elements of the Regulations that have the potential to positively influence the ecological and commemorative integrity of Parks Canada administered places include

Additional requirements have been introduced into the permit process that will provide Parks Canada, 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 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 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 Regulations. To ensure the 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 Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

The Regulations are designed to be flexible and provide Parks Canada with the authorities to approve applications, impose permit conditions and enforce development standards. The new Regulations require proponents to seek a permit before undertaking regulated uses and projects, while also broadening inspection powers, exempting minor and routine repair projects, in addition to requiring Indigenous and public consultation. The Regulations apply to permits for new construction/renovation projects and modification of land use located on leased or licences lands in a national park or park reserve; the Regulations will not be applied retroactively. The Regulations establish a rigorous and transparent assessment framework for the administration of Parks Canada’s land use authorities.

To support implementation, Interpretive Guidelines will be published upon finalization of the Regulations to help stakeholders and regulated parties understand, in greater detail, how Parks Canada will go about implementing the Regulations. The Interpretive Guidelines 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 Regulations and corresponding Interpretive Guidelines set the decision-making process by which Parks Canada reviews permit applications across all national parks, but do not alter the criteria against which permits are reviewed — this includes existing policy such as park management plans, the Ski Area Management Guidelines (2006), community plans and other local land use policies/plans.

Existing fees for land use planning services are embedded in regulations that are repealed and replaced by the Regulations. These amendments will both update current fees and introduce new fees through an amendment of Parks Canada’s Master List of Fees, which allows for more regular updates and inflationary adjustments to reflect the Consumer Price Index. The separate fees will be subject to the requirements of the Parks Canada Agency Act and the Service Fees Act, including consultation.

Compliance and enforcement

The Regulations establish enhanced powers aimed at improving regulatory compliance and established land use agreements. This includes providing Parks Canada officials with authority to enter any place in a park to inspect a project that holds a permit or any place in a park in where the park superintendent believes a project is, was or is likely to be carried out without a permit (except for dwelling places). This authority is constrained by a “reasonability” test, both for the time of entry and the suspicion of contravention in the absence of a permit. New authorities to issue an order will also permit a 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 Parks Canada staff inspecting an area to verify whether a required measure is being carried out or entering an area 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 informed by the Interpretive Guidelines procedures will be developed to ensure the continued success and consistent implementation of the 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 Regulations, Parks Canada has undertaken several initiatives tied to regulatory modernization and other non-regulatory initiatives and these initiatives are expected to have a positive impact on performance of current review timelines.

Parks Canada will be required to report to the Treasury Board Secretariat on fees (total amounts remitted per year) and service standard performance (total number of applications not issued within prescribed business days standard) as a result of the process to add new fees to Parks Canada Master List of Fees. In accordance with the Service Fees Act, Parks Canada has undertaken consultations and incorporated public feedback prior to finalizing the Regulations.

Contact

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