Winter

BETWEEN: the Applicant and Her Majesty the Queen in right of Canada, as represented by the Minister of the Environment for the purposes of the Parks Canada Agency (“Parks Canada”).

WHEREAS the superintendent of Glacier National Park of Canada (“Glacier”) is designating or has designated entry and travel in certain areas of Glacier as restricted (the “winter restricted areas”), pursuant to the authority in section 7(1) of the National Parks General Regulations, SOR/78-213 (the “general regulations”),

AND WHEREAS the Applicant, or a minor under the custody, care or charge of the Applicant, has applied for a permit for entry and travel in the winter restricted areas, on the terms and conditions set out in any such permit, pursuant to section 7(5) of the general regulations,

NOW THEREFORE in consideration of the mutual covenants and agreements hereunder, the Applicant, on the Applicant’s behalf and on behalf of any Minor, and Parks Canada hereby agree:

1. In consideration for the superintendent of Glacier issuing the Applicant or the Minor a permit for entry and travel in the winter restricted areas, on the terms and conditions set out in any such permit, the Applicant, on the Applicant’s behalf and on behalf of any Minor, acknowledges, agrees, warrants and covenants:
• Entry and travel in the winter restricted areas is inherently risky, given the potential for injury to person or property from, among other things, avalanches, artillery from avalanche control, mud slides and wildlife.
• A permit for entry and travel in the winter restricted areas is permission to enter and travel only in land under the administration and control of Parks Canada and, for greater certainty, is not permission to enter and travel in or on any track or land of Canadian Pacific Railway Company (“CP”) and the Applicant or the Minor will not enter and travel in or on any such track or land of CP.
• The Applicant, on the Applicant’s behalf and on behalf of any Minor, willingly assumes and consents to all risks to the Applicant or the Minor, howsoever caused and wherever arising, to entry and travel in the winter restricted areas. A permit for entry and travel in the winter restricted areas is not a warranty that entry and travel is safe. For greater certainty, the Applicant, on the Applicant’s behalf and on behalf of any Minor, willingly assumes and consents to all risks to the Applicant or the Minor in crossing the Trans-Canada Highway and any bodies of water, including creeks. The Applicant is solely responsible for the Applicant or the Minor safely crossing the Trans-Canada Highway and any bodies of water, including creeks.
• The Applicant, on the Applicant’s behalf and on behalf of any Minor, remises, releases and forever discharges Parks Canada and its agents, employees, successors and assigns and all those for whom Parks Canada is responsible at law from all manners of action, claims or demands of whatever kind or nature the Applicant or the Minor ever had, now has or can, shall or may hereafter have as a result of or in any way arising from or out of or in the course of the Applicant’s or the Minor’s entry and travel in the winter restricted areas.
• The Applicant, on the Applicant’s behalf and on behalf of any Minor, hereby indemnifies and saves harmless Parks Canada and its agents, employees, successors and assigns and all those for whom Parks Canada is responsible at law from and against all manners of action, claims or demands of whatever kind or nature by whomsoever made, brought or prosecuted in any manner as a result of or in any way arising from or out of or in the course of the Applicant’s or the Minor’s entry and travel in the winter restricted areas.
• Parks Canada excludes any duty of care to the Applicant or the Minor under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 and the Applicant, on the Applicant’s behalf and on behalf of any Minor, acknowledges this exclusion.
• Articles 1(d), (e) and (f) apply equally if, in breach of this Agreement or any term or condition of any permit for entry and travel in the winter restricted area, the Applicant or the Minor enters and travels in or on any land or track of CP.
• The Applicant has had sufficient time to carefully consider, and in fact has carefully considered, this Agreement.
• The Applicant has either obtained full independent legal advice or has had sufficient time to obtain such advice and has declined to do so of the Applicant’s own free will and volition.
2. This Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein.
3. This Agreement is the entire agreement between the Applicant and Parks Canada pertaining to the subject matter of this Agreement and contains all of the representations and warranties of the respective parties.
4. This Agreement may not be amended or modified in any respect except by written agreement of the Applicant and Parks Canada.
5. This Agreement ensures to the benefit of and is binding on the Applicant, any Minor, and Parks Canada and their respective successors, heirs and assigns.
6. The term of this Agreement is from the Effective Date to and including May 31, 2022 but the Applicant’s warranties and covenants in this Agreement, including those in article 1, will survive the termination of this Agreement.

• Permits are valid only for those Winter Restricted Areas, and their designated parking locations, which have been posted as open for entry and travel on that day, and are valid from the time of posted opening until midnight of that day.
• Permits do not indicate or relate to snowpack stability or avalanche hazard.
• Permits do not allow access to Canadian Pacific Railway property, and where posted, permit holders must follow designated access routes to avoid trespassing on Canadian Pacific property.
• Permits are not transferable
• Permit holders entering Winter Restricted Areas must be in possession of a Daily or Annual Winter Permit, and must present the permit to a Park Warden or Peace Officer upon request.
• The parking portion of a Daily or Annual Winter Permit must be prominently displayed with the entire permit visible for inspection on the vehicle dash of the permit holder’s vehicle when parked in a designated parking area.
• The license plate on an annual parking permit displayed in a vehicle parked in a designated parking area must be visible for inspection and must match the license plate of the vehicle it is displayed in, otherwise it is not valid.
• Daily winter parking permits displayed in a vehicle parked in a designated parking area must be displayed so that the date that they are valid for is visible for inspection.
• Hand written annual winter permits are not valid.
• Non-compliance with permit conditions is a violation that will be prosecuted and may result in fines up to $25,000 and/or permit suspension or cancellation.
• Permit holders must comply with the Canada National Parks Act and its regulations, as well as all elements of the Winter Permit System.
• Annual Winter Permits expire on May 31 or at the seasonal end of the avalanche control season.
• All permit holders must also display a valid national park pass.