NATIONAL PARKS OF CANADA

(c) notice of intention to issue a proclamation under this section, together with a description of the lands proposed to be described in the proclamation, has been published in the Canada Gazette at least ninety days before the day on which the Governor in Council proposes to issue the proclamation and, where the area of the lands described in the proclamation is significant in relation to the park, has been published, during that period of at least ninety days, in a newspaper or alternative medium serving the area in which the lands are situated and in two major daily newspapers in each of the five regions of Canada, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces and British Columbia, at least once a week for a period of four consecutive weeks in both official languages and in any other language that, in the opinion of the Minister, is appropriate.

(c) the provision of basic user facilities including trails and rudimentary campsites; 

(d) the carrying on of traditional renewable resource harvesting activities authorized pursuant to subsection (7) or any other Act of Parliament; or 

(e) access by air to remote parts of such areas. 

R.S., 1985, c. N-14, s. 5; R.S., 1985, c. 39 (4th Supp.), s. 3; 1992, c. 1, s. 100; 1998, c. 31, s. 56.

(ii) the right-of-way of an oil or gas pipeline or the site of any tank, reservoir, pump, rack, loading facility or other installation connected with an oil or gas pipeline, or 

(iii) the right-of-way of a telephone, telegraph or electrical transmission line or the site of any exchange, office, substation or other installation connected therewith; 

(b) the sale, lease or other disposition of public lands within a park that are required for an alteration to or deviation from any right-of-way referred to in paragraph (a) or for the relocation of any station or installation referred to in that paragraph; or 

(c) the lease or the granting of licences of occupation of public lands within a park for the installation and operation of radio and television repeater stations, microwave towers and weather, telemetry and cosmic ray stations.

(c) the protection of the fauna, the taking of specimens thereof for scientific or propagation purposes and the destruction or removal of dangerous or superabundant fauna; 

(d) the management and regulation of fishing, and the protection of fish, including the prevention and remedying of any obstruction or pollution of waterways; 

(e) the prevention and extinguishing of fire on or threatening park lands, and requiring persons residing or being in the vicinity to report any such fire or to assist in its extinguishment; 

(f) the fire protection measures to be observed and complied with by any company not under the jurisdiction of the Canadian Transportation Agency constructing or operating a railway on or across any park lands and the payment by the company of 

(i) all expenses incurred by the Crown in extinguishing and controlling any fire that originated by reason of the construction, operation or maintenance of the railway or by reason of the action of the company's employees, and 

(ii) the whole or any part of the expense of any fire protection carried on by the Minister in pursuance of this Act along or near the railway while under construction; 

(g) the granting, amending and surrender of leases and licences of occupation of public lands in towns and visitor centres for the purposes of residence, trade, tourism, schools, churches, hospitals and places of recreation or entertainment, and of public lands in resort subdivisions for the purpose of residence; 

(h) the granting, amending and surrender of leases and licences of occupation of public lands outside towns, visitor centres and resort subdivisions for the purposes of tourism, schools, churches, hospitals, service stations and places for the accommodation, recreation or entertainment of visitors to the parks; 

(i) the granting of permits and licences for activities carried on in parks, in particular, 

(i) the grazing of horses, mules and donkeys used for recreational purposes in parks, 

(ii) the removal of sand, stone and gravel for construction purposes within a park, 

(iii) the cutting and removal of dead or diseased timber and such green timber as may be necessary for the protection and management of forests in a park, 

(iv) the use in the parks of water for domestic, business and railway purposes, and 

(v) [Repealed, R.S., 1985, c. 39 (4th Supp.), s. 5] 

(vi) the use of public camp grounds by persons visiting the parks; 

(j) the establishment, operation, maintenance and administration by the Minister of public works and utility services and the use of those works and services within the parks, including water supply, sewage, telephone, electric power, natural gas service, streets, street-lighting, sidewalks, fire protection, garbage removal, cemeteries and any other works, improvements or services of a public character; 

(k) the administration and use of roads, streets, highways, sidewalks, trails, wharves, docks, bridges and other ways within the parks, and the circumstances under which those ways shall be open or may be closed to public traffic or use, but the establishment or use of any such existing ways or any additional ways shall in no case operate to withdraw those ways from the parks within which they are situated; 

(l) the control of traffic on roads, streets and highways and elsewhere within the parks, including the regulation of the speed, operation and parking of vehicles; 

(m) prohibiting persons who have been convicted of violating any regulation relating to the speed or operation of a vehicle, or who have voluntarily entered a plea of guilty pursuant to regulations made under paragraph (ll) in respect of any such violation, from operating a vehicle in the parks for a period not exceeding one year or at such times or for such periods within a period not exceeding one year as are specified in the regulations in relation to any class or classes of cases; 

(n) prescribing, for the purposes of subsection 8(1), maximum amounts in respect of contraventions of regulations made under this Act; 

(o) prescribing the conditions under which any building, sign, placard, advertisement or other structure may be erected, the design and location of any such structure and the materials of which it may be constructed, the general maintenance and improvement of properties in the parks that have been leased, and the defining of zones for residential buildings, business buildings or areas in which only buildings of fire-proof or fire-resisting construction may be erected; 

(p) controlling trades, business, amusements, sports, occupations and other activities or undertakings and prescribing the places where any such activities or undertakings may be carried on, and the levying of licence fees in respect thereof; 

(q) the summary removal from a park and the preventing of the return to a park of any person guilty of a contravention of such provisions of the Park Regulations or the Criminal Code as the Governor in Council may specify; 

(r) the preservation of public health and the prevention of disease; 

(s) authorizing agreements with any person, municipality or provincial government for the installation or operation of public utilities, other than hydroelectrical, or the provision of health and welfare services within a park; 

(t) [Repealed, R.S., 1985, c. 39 (4th Supp.), s. 5] 

(u) levying taxes on any residents of a park or on the interest of any persons in land in a park in order to defray in whole or in part 

(i) the cost of health and welfare services supplied to those residents by a province pursuant to an agreement made under paragraph (s) or supplied to those residents by the Government of Canada, and 

(ii) the cost of hospital services supplied to those residents of a park in a province pursuant to a municipal hospital scheme established under the laws of that province; 

(v) levying taxes on the interest of any person in land in a park in order to defray, in whole or in part, the cost of the establishment, operation, maintenance and administration of any public works, improvements or utility services referred to in paragraph (j) and prescribing that the taxes may be levied with respect to any of the following lands: 

(i) all lands in the park, 

(ii) lands in such area or areas in the park as may be designated by regulations, and 

(iii) lands benefited by those public works, improvements or utility services; 

(w) the sale or forfeiture of lands for non-payment of taxes; 

(x) the abatement and prevention of nuisances; 

(y) the survey of public lands in parks, the making of plans of surveyed lands, the delimitation in such plans of the boundaries of towns, resort subdivisions, visitor centres and cemeteries, the designation of surveyed lands as towns, resort subdivisions or visitor centres and the subdividing of lands so designated; 

(z) the granting of plots in cemeteries; 

(aa) [Repealed, R.S., 1985, c. 39 (4th Supp.), s. 5] 

(bb) authorizing agreements with a province or any person for the development, operation and maintenance in a park of hydro-electrical power pursuant to the Dominion Water Power Act for the use of the power only in the park; 

(cc) authorizing agreements with municipalities or water districts adjacent to a park for the supply of water from the park; 

(dd) authorizing agreements with persons residing on land adjacent to a park for the supply of water from the park for domestic purposes and for use in establishments providing tourist accommodation; 

(ee) the control of traditional renewable resource harvesting activities authorized pursuant to subsection 5(7); 

(ff) determining or prescribing the manner of determining fees, rates, rents and other charges for the use of resources and facilities in parks, for the issuance of licences and permits and for the provision of services, materials and works, and setting a rate of interest payable on any amount thereof in arrears; 

(gg) the use, transportation and temporary storage of pesticides and other toxic substances; 

(hh) the acquisition or disposition of prehistoric and historic objects and of reproductions thereof, and the sale of publications, souvenirs and consumer articles; 

(ii) the establishment of development plans for the towns referred to in section 8.1; 

(jj) the control of domestic animals brought into parks, including the impounding or destruction of such animals found at large; 

(kk) public safety and the control of firearms within parks; 

(ll) designating offences under this Act or the regulations in respect of which 

(i) notwithstanding the provisions of the Criminal Code, a park warden, superintendent, peace officer or any person vested with the powers of a peace officer under subsection 5(2.1) may lay an information and issue and serve a summons by completing a ticket in the form prescribed by regulation, affixing his signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time of its alleged commission, or 

(ii) a summons may be sent by mail to the latest known address of the person alleged therein to have committed an offence, 

and any regulation made under this paragraph shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of such offences and shall fix the fine payable in respect of each such offence; 

(mm) amending Part I or Part II of Schedule II by adding thereto or deleting therefrom the name of any species of animal; 

(nn) authorizing a director-general or a superintendent to vary the requirements of any of the regulations made under this subsection in the circumstances described and to the extent provided therein; and 

(oo) the control of aircraft access to national parks.

(c) on view, seize, within or outside the boundaries of any park, any timber, hay, mineral, fish, mammal or bird, or any part thereof, arms, ammunition, explosives, traps, nets, rods, vessels, boats, vehicles, equipment, outfit, appliance or any other article what-ever that the constable or other person believes on reasonable grounds are or have been possessed or used in connection with the commission of a contravention of any of the provisions of this Act or the regulations.

the justice of the peace may issue a warrant under his hand authorizing a person referred to in subsection (2) and named therein to enter and search the building, premises, structure, camp, vessel, boat, vehicle, conveyance or other place or to open and examine the trunk, box, barrel, parcel, package or receptacle, subject to such conditions as may be specified in the warrant.