Vol. 151, No. 4 — February 22, 2017
Registration
SOR/2017-21 February 13, 2017
CANADA NATIONAL PARKS ACT
DEPARTMENT OF TRANSPORT ACT
Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program)
P.C. 2017-116 February 13, 2017
Whereas the Governor in Council, pursuant to section 16 of the Department of Transport Act (see footnote a), deems the annexed Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program) necessary for the management, maintenance, proper use and protection of historic canals;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment pursuant to section 16 (see footnote b) of the Canada National Parks Act (see footnote c) and sections 16 and 17 of the Department of Transport Act (see footnote d), makes the annexed Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program).
Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program)
Canada National Parks Act
National Parks of Canada Fishing Regulations
1 (1) The portion of subsection 10(1) of the National Parks of Canada Fishing Regulations (see footnote 1) before paragraph (b) is replaced by the following:
10 (1) No person shall, on any day, catch in the park waters set out in column I of Part I of Schedule III and retain in respect of a species of fish set out in column II, fish that are
- (a) in total, a number in excess of
- (i) in the case of the park waters set out in items 1 to 26, the daily catch and possession limit set out in column III, and
- (ii) in the case of the park waters set out in item 27, the daily catch limit set out in column III; or
(2) The portion of subsection 10(2) of the English version of the Regulations before paragraph (a) is replaced by the following:
(2) No person shall have in possession within the boundaries of a park referred to in column I of Part I of Schedule III in respect of a species of fish set out in column II, fish that are
(3) Paragraph 10(2)(a) of the Regulations is replaced by the following:
- (a) in total, a number in excess of
- (i) in the case of a park referred to in items 1 to 26, the daily catch and possession limit set out in column III, and
- (ii) in the case of the park referred to in item 27, the possession limit set out in column III; or
2 Section 11 of the Regulations is replaced by the following:
11 No person shall,
- (a) on any day, catch in the park waters set out in column I of Part II of Schedule III and retain a number of fish of the species set out in column II, that is in excess of
- (i) in the case of the park waters set out in items 1 to 25, the aggregate daily catch and possession limit set out in column III, and
- (ii) in the case of the park waters set out in item 26, the aggregate daily catch limit set out in column III;
- (b) have in possession within the boundaries of a park referred to in column I of Part II of Schedule III, a number of fish of the species set out in column II that is in excess of
- (i) in the case of a park referred to in items 1 to 25, the aggregate daily catch and possession limit set out in column III, and
- (ii) in the case of the park referred to in item 26, the aggregate possession limit set out in column III; or
- (c) fish in park waters set out in column I of Part II of Schedule III, on any day after having, on that day, caught in those waters and retained a number of fish of the species set out in column II that is
- (i) in the case of the park waters set out in items 1 to 25, the aggregate daily catch and possession limit set out in column III, and
- (ii) in the case of the park waters set out in item 26, the aggregate possession limit set out in column III.
3 Section 12.1 of the Regulations is replaced by the following:
12.1 If the daily catch and possession limit and overall length set out in column III of Part I of Schedule III are 0, any person who catches a fish of a species set out in column II shall immediately unhook the fish and return it to the water with as little damage to the fish as possible.
4 The heading of Part I of Schedule III to the Regulations is replaced by the following:
Overall Length and Limits on Catch and Possession
5 The heading of column III of Part I of Schedule III to the Regulations is replaced by “Overall Length (where applicable) and Daily Catch and Possession Limit or Daily Catch Limit and Possession Limit”.
6 The portion of paragraphs 27(a) and (b) in column III of Part I of Schedule III to the Regulations is replaced by the following:
|
|
Column III |
|---|---|
| Item | Overall Length (where applicable) and Daily Catch and Possession Limit or Daily Catch Limit and Possession Limit |
| 27(a) |
|
(b) |
|
7 The heading of Part II of Schedule III to the Regulations is replaced by the following:
Aggregate Limits on Catch and Possession
8 The heading of column III of Part II of Schedule III to the Regulations is replaced by “Aggregate Daily Catch and Possession Limit or Aggregate Daily Catch Limit and Aggregate Possession Limit”.
9 The portion of paragraphs 26(a) and (b) in column III of Part II of Schedule III to the Regulations is replaced by the following:
| Column III | |
|---|---|
| Item | Aggregate Daily Catch and Possession Limit or Aggregate Daily Catch Limit and Aggregate Possession Limit |
| 26 (a) |
|
| (b) |
|
National Parks General Regulations
10 Subsection 7(6) of the National Parks General Regulations (see footnote 2) is replaced by the following:
(6) The superintendent may, if it is necessary for the preservation, control and management of the Park, suspend or revoke a permit issued under subsection (5).
11 (1) Subsection 18(3) of the French version of the Regulations is replaced by the following:
(3) Le directeur révoque le permis délivré en vertu du paragraphe (1) si le titulaire est reconnu coupable d’une contravention au présent règlement.
(2) Subsection 18(4) of the Regulations is replaced by the following:
(4) On the expiry or revocation of a permit issued under subsection (1), the person who was issued that permit shall immediately remove any equipment installed in taking the water and restore the site of the equipment to the extent possible to its original state.
Wood Buffalo National Park Game Regulations
12 The English version of the Wood Buffalo National Park Game Regulations (see footnote 3) is amended by replacing “Director-General” with “Chief Executive Officer” in the following provisions:
- (a) the heading of Part V; and
- (b) subsections 56(1) to (3).
Department of Transport Act
Historic Canals Regulations
13 The definition historic canal in section 2 of the English version of the Historic Canals Regulations (see footnote 4) is replaced by the following:
historic canal means a canal set out in column I of Schedule I and includes the waters and any works or lands that belong to Canada and that are appertaining or incidental to the canal; (canal historique)
14 Subsection 35(3) of the French version of the Regulations is replaced by the following:
(3) Il est interdit de franchir une écluse d’un canal historique à moins que le bâtiment ne soit équipé conformément à l’article 27.
Coming into Force
15 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has recommended a number of technical amendments to the National Parks General Regulations, the Historic Canals Regulations,the Wood Buffalo National Park Game Regulations and the National Parks of Canada Fishing Regulations.
Objective
The amendments have the following objectives:
to harmonize terms used in the Regulations with those used in the enabling statute and elsewhere within the same Regulations;
to correct grammatical errors;
to align the French and English versions;
to update obsolete references; and
to add clarity to a regulatory provision.
Description
Harmonize terms used in the Regulations with those used in the enabling statute and elsewhere within the same Regulations
SOR/2010-140, National Parks General Regulations
The objective of the National Parks General Regulations is to protect the natural and cultural resources in national parks and national park reserves by regulating the types of activities that may take place at these locations. Two sets of modifications are being made to harmonize terms used in the Regulations with those used in the enabling statute and elsewhere within the same Regulations.
First, subsection 7(6) of the National Parks General Regulations discusses the issuance of permits by superintendents of the parks. The word “cancel” is used to indicate that a licence may be rescinded. In the Canada National Parks Act (CNPA), the word “revoke” is used in subsection 16(3), paragraph (b), in describing the powers of a superintendent outlined in the Regulations with respect to permits or licences. The word “revoke” is also used in the CNPA in subsection 41.1(8) when describing the authorities of the superintendent to issue licences for outfitters and guides.
To make the terms used in the Regulations consistent with those used in the enabling statute, regulatory amendments will change the use of “cancel” to “revoke” in the French and English versions of section 18.4, as well as in the French section of 18.3, and the English version of subsection 7(6).
The word “cancel” is used in the CNPA, but only when discussing the powers of the Minister in section 41, subsections 41.4(2) and 41.4(3).
Secondly, subsection 16(1), paragraph (a) of the CNPA establishes that the Governor in Council may make regulations respecting the preservation, control and management of parks. The words “preservation,” “control” and “management” are reflected in subsection 7(6) of the National Park General Regulations in the English version, but not completely in the French version. The French version of subsection 7(6) will be modified to change the word “conservation” to “preservation” and the word “direction” to “gestion.”
Correct grammatical errors
SOR/2015-134, Historic Canals Regulations
The Historic Canals Regulations govern the operations, maintenance and use of the nine historic canals administered by Parks Canada.
The SJSCR has highlighted grammatical errors in the French wording of subsection 35(3) of the Regulations. The French version of the Regulations in subsection 35(3) states : “Il est interdit de franchir une écluse d’un canal historique dans le cas suivants [sic] le bâtiment n’est pas équipé conformément à l’article 27.” The syntax of this sentence is incorrect. The English version of the same subsection within the Regulations reads: “No person in charge of a vessel shall allow the vessel to pass through a lock of a historic canal unless the vessel is equipped in accordance with section 27.”
The amendment corrects the grammatical error with the following revised French text for subsection 35(3): “Il est interdit de franchir une écluse d’un canal historique à moins que le bâtiment ne soit équipé conformément à l’article 27.”
Align the French and English versions
SOR/2015-134, Historic Canals Regulations
The Historic Canals Regulations govern the operations, maintenance and use of the nine historic canals administered by Parks Canada.
With respect to the definition of “historic canal,” the SJCSR has highlighted that the English and French definitions could be aligned in their wording. The current English version states: “historic canal means a canal set out in column I of Schedule I and includes the waters and any federal works or lands appertaining or incidental to the canal; (canal historique).” The current French definition states : “canal historique Canal figurant à la colonne I de l’annexe I, y compris ses eaux et les ouvrages et terrains de propriété fédérale qui en constituent des dépendances ou des annexes. (historic canal).”
The amendment will align the English definition of “historic canal” with the French definition, using the SJCSR recommended text: “historic canal means a canal set out in column I of Schedule I and includes the waters and any works or lands that belong to Canada and that are appertaining or incidental to the canal; (canal historique).”
Update obsolete references
SOR/78-830, Wood Buffalo National Park Game Regulations
The Wood Buffalo National Park Game Regulations provide provisions relating to game in Wood Buffalo National Park of Canada.
The SJCSR has highlighted that Part V of the Regulations refers to the position and the powers of the “DirectorGeneral” with regard to the management of game within the national park.
The Regulations are being updated to replace the position “Director-General,” which no longer exists, with that of the “Chief Executive Officer,” which is a defined term in the Parks Canada Agency Act.
Add clarity to a regulatory provision
SOR/2005-206, National Parks of Canada Fishing Regulations
The National Parks of Canada Fishing Regulations provide for the management and control of fishing activities in Canada’s national parks. Amendments are required to more clearly articulate how the scheme for regulating fishing in Gros Morne National Park is different than in other national parks.
Sections 10, 11 and 12 of the Regulations discuss the daily catch and possession limits and the aggregate daily catch and possession limits for fish caught in park waters. Park waters are outlined in Schedule III of the Regulations. Part I of Schedule III indicates that the daily catch limit and the daily possession limit are the same in all national parks, except Gros Morne. Part II of Schedule III discussed the combined aggregate limits for all species of fish. For all parks except Gros Morne, Part II indicates that the aggregate daily catch limit and the aggregate daily possession limit are the same. In Gros Morne National Park, the daily catch limit and the daily possession limit are different: the daily possession limit is twice the daily catch limit.
Further, while all other national parks aggregate the catch and possession limits for all the different kinds of fish that can be caught or possessed regardless of fish species, Gros Morne provides the aggregate catch and possession limits on an individual fish species basis. Therefore, the aggregate daily catch and aggregate daily possession limits for fish species in Gros Morne are the same as the daily catch and the daily possession limits.
The current wording in the Schedule makes the distinction between the catch limit and the possession limit for Gros Morne by providing in Schedule III, Part I, item 27 the daily catch limit, and in Schedule III, Part II, item 26, the daily possession limits.
Amendments to sections 10, 11, 12 and to Schedule III, Parts I and II of the Regulations will bring clarity to the Regulations, including with respect to the distinct scheme in Gros Morne. The amendments do not in any way change the aggregate daily catch or aggregate daily possession limit. As a result, there will be no impact on visitors to Gros Morne National Park.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.
Small business lens
The small business lens does not apply to these amendments, as there are no costs to small business.
Rationale
The amendments are in response to the SJCSR’s review of the regulations. The amendments help to correct or improve the regulatory base, and do not impose any costs on the government or stakeholders.
Contact
Rachel Grasham
Director
Policy, Legislative and Cabinet Affairs
Parks Canada Agency
Telephone: 819-420-9115
- Footnote a
R.S., c. T-18 - Footnote b
S.C. 2009, c. 14, s. 29 - Footnote c
S.C. 2000, c. 32 - Footnote d
R.S., c. T-18 - Footnote 1
C.R.C., c. 1120 - Footnote 2
SOR/78-213 - Footnote 3
SOR/78-830 - Footnote 4
SOR/93-220