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Parks Canada Agency's Forward Regulatory Plan October 1, 2014 - September 30, 2016

This plan provides information on regulatory proposals that the Parks Canada Agency expects to bring forward over the next two years. It also identifies public consultation opportunities and a departmental contact for each regulatory initiative.

Proposed Regulatory Initiatives:

Regulations Amending the National Parks of Canada Wilderness Area Declaration Regulations

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 14 (1)

Under the Act, any area of a national park or a national park reserve that exists in a natural state or that is capable of returning to a natural state may by regulation, be declared to be a wilderness area. The declaration of wilderness areas by regulation allows Parks Canada to preserve the ecological integrity of the areas by prohibiting activities that are likely to impair their wilderness character. Development and use that is inconsistent with the wilderness character is prohibited.

The proposed Regulations would add new wilderness areas in the following four national parks: Riding Mountain National Park (Manitoba), La Mauricie National Park (Quebec), Kejimkujik National Park and National Historic Site (Nova Scotia) and Prince Edward Island National Park (Prince Edward Island).

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

Public consultations about the proposed wilderness areas were held during the development of the management plans for the four national parks between 2007 and 2013. Members of Aboriginal groups and communities located in or surrounding the national parks were included in all consultations.

The proposed Regulations were published in the Canada Gazette Part I, June 1, 2013.

Departmental contact

Julie Lacasse
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5193
Julie.Lacasse@pc.gc.ca

Regulations Amending the Historic Canals Regulations

Description of the objective

Enabling Act: Department of Transport Act - Section 16 and Sub-section 17 (1)

The amendments to the Historic Canals Regulations (HCR) will address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). The SJCSR identified a number of provisions in the HCR that were obsolete or redundant, lacked precision, or contained discrepancies between the English and French versions. It also called attention to the need to provide an administrative appeal mechanism under certain circumstances, and raised concerns about the scope of the enabling authorities for some provisions.

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

The amendments are uncontroversial, and address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations. While no public consultation is generally required for this type of regulatory proposal, for full transparency the proposal will be published in the Canada Gazette, Part I in fall 2014.

Departmental contact

Martha Dulmage
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Tel: (819) 429-5198
Martha.Dulmage@pc.gc.ca

Regulations Amending the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations

Description of the objective

Enabling Act: Saguenay St. Lawrence Marine Park Act - Section 17

The Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations which came into force in 2002 was the first regulation in Canada to ensure the protection of marine mammals with respect to commercial observation of marine mammals. Since then, changes to the codes of conduct for whale watching, the increase in marine traffic and the introduction of new types of activities to the marine park have made it necessary to change certain provisions in the Regulations in order to better protect marine mammals. These changes include:

  1. A new permitting system for different classes of marine activities;
  2. Harmonization of the Regulations with international standards regarding marine mammal observation;
  3. New safety requirements for tour boat operators.

The Regulations also respond to a request from the Standing Joint Committee for the Scrutiny of Regulations to amend the sections related to compliance with permitting conditions and the authority of park wardens.

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

Broad public consultations about the proposed amendments began in 2007. During 2007 and 2008, around 230 representatives from different Aboriginal communities, regional municipalities and regional organizations participated in public consultation sessions about the proposed amendments during the development of the marine park management plan. In 2009, 32 meetings were held with various stakeholders engaged in marine activities including kayak, scuba diving and tour boat companies.

The proposed Regulations were published in the Canada Gazette, Part I, on April 6, 2013

Departmental contact

Fouad Sadiki
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5195
Fouad.Sadiki@pc.gc.ca

Miscellaneous Amendment Regulations to Address Concerns of the Standing Joint Committee for the Scrutiny of Regulations

Description of the objectives

Enabling Act: Canada National Parks Act - Sub-section 16 (1)

Amendments will address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations regarding several regulations made under the Canada National Parks Act.

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

The amendments are uncontroversial, and address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations. No public consultation on the regulatory proposal is required.

Preparatory work on the amendments has been initiated.

Departmental contact

Fouad Sadiki
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5195
Fouad.Sadiki@pc.gc.ca

National Parks of Canada Wild Animal Regulations

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 16 (1)

The current National Parks Wildlife Regulations were developed in 1981 before the establishment of most national parks in northern Canada, and do not take into account economic commitments made under land claim agreements or increased visitation to northern parks where the risk of polar bear encounters is high.

The proposed amendments to the Regulations would:

  1. Enhance protection of all wild animals and their dwelling places;
  2. Respect obligations under various land claim agreements, impact and benefit agreements or park establishment agreements; and
  3. Enhance visitor safety in national parks where polar bears are present by establishing certain categories of park users authorized to carry and use firearms for self-protection and the protection of others from bears.

Indication of business impacts

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Public consultation opportunities

During 2011, extensive consultations were held with key stakeholders across Canada and communities in Nunavut, the Northwest Territories, the Yukon, Labrador and northern Manitoba. The public was also invited to provide on-line comments through a Parks Canada consultation website.

There will be further opportunity for consultation on the proposed amendments after publication in the Canada Gazette, Part I, expected for winter 2015.

Departmental contact

Martha Johnson
Manager, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5194
Martha.Johnson@pc.gc.ca

National Parks of Canada Development Regulations

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 16 (1)

The four major national parks regulations that govern the standards and processes for construction in national parks need revision to update them to current national building standards and to ensure consistency with comparable processes elsewhere in Canada. The National Parks of Canada Development Regulations will consolidate provisions of the National Parks Building Regulations, National Parks Cottages Regulations and National Parks Signs Regulations as well as repeal the Town of Jasper Zoning Regulations.

The proposed Regulations would improve the review process for construction proposals in national parks and incorporate updated national safety standards.

Indication of business impacts

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Public consultation opportunities

Parks Canada will be seeking input from interested Canadians on the proposed Regulations in winter 2015. The consultation program will include communications with key stakeholders and meetings in park communities. The public will also be invited to provide comments on-line through a Parks Canada consultation website.

Departmental contact

Martha Johnson
Manager, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5194
Martha.Johnson@pc.gc.ca

National Marine Conservation Areas of Canada Business, Realty, and Aircraft Access Regulations

Description of the objective

Enabling Act: Canada National Marine Conservation Areas Act - Sub-section 16 (1)

In 2002, Parliament passed the Canada National Marine Conservation Areas Act to establish marine conservation areas for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world.

The proposed Regulations will be the first regulations developed under the Canada National Marine Conservation Areas Act. They will apply to marine conservation areas as well as to marine conservation area reserves. They will serve three purposes:

  1. Provide superintendents of a marine conservation area with a prescriptive framework to manage commercial activities in marine conservation areas and reserves;
  2. Provide the Minister of the Environment with the tools to enter into leases and licences of occupation for both commercial and non-commercial activities; and
  3. Provide superintendents of a marine conservation area with the tools to manage both commercial and non-commercial aircraft access in marine conservation areas and reserves.

The activities to be defined in the Regulations will include any trade, industry, occupational activity or special event carried out in a marine conservation area, whether ongoing or temporary and whether for- profit or not.

Commercial activities will be subject to a system for issuing, amending and revoking permits or other authorizing instruments which the superintendent of a marine conservation area is empowered to administer under the Act.

Indication of business impacts

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Public consultation opportunities

It is anticipated that consultations will commence in winter 2015. The consultation program will include communications with key stakeholders and meetings in park communities associated with the national marine conservation areas. The public will also be invited to provide on-line comments through a Parks Canada consultation website.

Departmental contact

Fouad Sadiki
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5195
Fouad.Sadiki@pc.gc.ca

Regulations Amending the National Parks of Canada Fishing Regulations

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 16 (1)

Amendments will update the conditions surrounding fishing practices and address specific concerns raised by stakeholders regarding the open seasons and catch and possession limits.

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

Parks Canada will be seeking input from interested Canadians on the proposed Regulations during winter 2015. The consultation program will include communications with key stakeholders and opportunities for the public to comment on-line through a Parks Canada consultation website.

Departmental contact

Marie-Eve Paquet
Policy Advisor, Policy Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5196
Marie-Eve.Paquet@pc.gc.ca

Regulations Amending the National Parks of Canada Aircraft Access Regulations

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 16 (1)

Amendments will add landing strips for Sable Island National Park Reserve, Ukkusiksalik National Park and Torngat Mountains National Park.

Indication of business impacts

There are no expected business impacts

Public consultation opportunities

It is anticipated that consultations will commence in winter 2015. The consultation program will include meetings with Aboriginal communities and key stakeholders associated with the national parks and national park reserve.

Departmental contact

Julie Lacasse
Senior Advisor, Policy Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5193
Julie.Lacasse@pc.gc.ca

Ministerial Orders to Protect Critical Habitat on Lands under PCA Management not described in the Canada National Parks Act

Description of the objective

Enabling Act: Species at Risk Act (SARA)

Critical habitat is the habitat necessary for the survival or recovery of a listed endangered, threatened or extirpated species on Schedule 1 of SARA. SARA requires that the critical habitat of all listed species, when found on federal lands, be legally protected against destruction within 180 days after it is identified in a finalized SARA recovery strategy or action plan.

From time to time Parks Canada will make Ministerial Orders to protect critical habitat on lands under the Agency's authority that are not described under the Canada National Parks Act.

Indication of business impacts

There may be business impacts. The "One-for-One" and/or the Small Business Lens may apply.

Public consultations opportunities

The recovery documents which identify critical habitat are prepared in cooperation with affected decision makers (e.g., other departments, provincial, territorial and First Nation governments) and in consultation with landowners and other directly affected persons (e.g., municipal governments, lease holders).

Parks Canada also consults with Aboriginal groups and key stakeholders in the development of Ministerial Orders before and after publication in the Canada Gazette Part I. The nature and extent of the consultation program will depend upon the cultural significance of the species and the potential economic impact the designation and protection of critical habitat could have upon activities in national parks.

Departmental contact

Julie Lacasse
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5193
Julie.Lacasse@pc.gc.ca

Order Amending Schedule 1 to the Canada National Parks Act - Tuktut Nogait National Park of Canada

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 5 (1)

The Order Amending Schedule 1 to the Canada National Parks Act would be made pursuant to sections 5 and 7 of the Canada National Parks Act by adding lands in the Sahtu Region to the description of Tuktut Nogait National Park of Canada to Schedule 1 of the Act. This would complete the formal process to add these lands to the national park.

The protection of a contiguous addition to Tuktu Nogait National Park of Canada would fulfill the Government of Canada's commitment to the Deline Land Corporation under the 2005 Impact and Benefit Plan for Completion of Tuktut Nogait National Park of Canada in the Sahtu Settlement Area in Accordance with the Sahtu Dene and Métis Comprehensive Land Claim Agreement.

Indication of business impacts

There are no expected business impacts.

Public consultation opportunities

In 2001, Park Canada held meetings with Elders and conducted door-to-door interviews with community members from Paulatuk, Deline and Colville Lake. There was also direct communication with the Deline Dene Band, Colville Land Corporation, Sahtu Secretariat Inc., and the Ayoni Keh Land Corporation. A regular newsletter was produced to keep community members informed about the process and progress of the negotiations.

Throughout the consultation process, Parks Canada provided information to national and regional environmental groups, the mining industry, and the media. The broader Canadian public was kept informed of the process through the annual newsletter, New Parks North, in hard copy and over the internet.

The Canada National Park Act also requires that the regulatory proposal together with a Report to Parliament that includes information on the consultations and any agreements reached, be tabled in both Houses of Parliament and referred to the standing committee of each House for review. Following 30 sitting days, if no motion is made to disapprove the proposed amendment, a request will be made to the Governor in Council for final approval.

Departmental contact

Julie Lacasse
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5193
Julie.Lacasse@pc.gc.ca

Regulations Amending the National Parks of Canada Wilderness Area Declaration Regulations

Description of the objective

Enabling Act: Canada National Parks Act - Sub-Section 14 (1)

The Expansion and Conservation of Canada's National Parks Act, which received Royal Assent on June 19, 2013, amended Schedule 5 of the Canada National Parks Act by removing an area from the leasehold boundary of Marmot Basin Ski Area. This regulatory initiative adds this area, which provides habitat for woodland caribou and grizzly bears, to the existing declared wilderness are in Jasper National Park. These amendments will also remove a smaller area of less ecologically sensitive land from the declared wilderness area in order to make additional lands available to Marmot Basin Ski Area. This initiative results in a substantial environmental gain for Jasper National Park.

Indication of Business impacts

There are no expected business impacts.

Public consultation opportunities

Public consultations about the changes to the proposed wilderness area were held during the development of the 2010 Jasper National Park management plan and during the consultations on the 2008 Marmot Basin Ski Area Site Guidelines.

Departmental contact

Julie Lacasse
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819)420-5193
Julie.Lacasse@pc.gc.ca

Order Amending Schedule 1 to the Canada National Parks Act - Qausuittuq National Park of Canada

Description of the objective

Enabling Act: Canada National Parks Act - Sub-section 5 (1)

The Order Amending Schedule 1 to the Canada National Parks Act would be made pursuant to sections 5 and 7 of the Canada National Parks Act by adding the name and land description of Qausuittuq National Park of Canada to Schedule 1 of the Act.

The protection of Qausuittuq under the Act would fulfill part of the Government of Canada's outstanding obligation under Part 2 of Article 8 of the Nunavut Land Claims Agreement to establish national parks in natural regions that are currently unrepresented in Nunavut making it the first protected area in the Western High Arctic Natural Region.

In accordance with the Nunavut Land Claims Agreement, Parks Canada and the Qikiqtani Inuit Association have negotiated an Inuit Impact and Benefit Agreement for Qausuittuq National Park of Canada.

Indication of business impacts

There may be business impacts. The "One-for-One" and/or the Small Business Lens may apply.

Public consultation opportunities

Parks Canada held meetings with key stakeholders and with community members from Resolute in the 1990s, 2009, 2010 and from Iqaluit in 2012.

Throughout the consultation process, Parks Canada provided information to national and regional environmental groups, the mining industry, and the media. The broader Canadian public was kept informed of the process through the annual newsletter, New Parks North, available in hard copy and on the internet.

The Canada National Parks Act also requires that the regulatory proposal together with a Report to Parliament that includes information on the consultations and any agreements reached, be tabled in both Houses of Parliament and referred to the standing committee of each House for Review. Following 30 sitting days, if no motion is made to disapprove the proposed amendment, a request will be made to the Governor in Council for final approval.

Departmental contact

Julie Lacasse
Senior Advisor, Policy, Legislative and Cabinet Affairs
Strategy and Plans Directorate
Telephone: (819) 420-5193
Julie.Lacasse@pc.gc.ca