Vol. 145, No. 21 — October 12, 2011
SOR/2011-217 September 30, 2011
CANADA NATIONAL PARKS ACT
Regulations Amending the National Historic Parks General Regulations (Miscellaneous Program)
P.C. 2011-1139 September 29, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 16 (see footnote a) of the Canada National Parks Act (see footnote b), hereby makes the annexed Regulations Amending the National Historic Parks General Regulations (Miscellaneous Program).
REGULATIONS AMENDING THE NATIONAL
HISTORIC PARKS GENERAL REGULATIONS
1. Subsection 12(3) of the English version of the National Historic Parks General Regulations (see footnote 1) is amended by replacing “him” with “him or her”.
2. Subsection 13(4) of the Regulations is replaced by the following:
(4) The Superintendent shall, on request, issue an authorization in respect of a designated activity if the designated activity will not result in
- (a) any significant adverse effects on the natural and cultural resources of the Park;
- (b) any adverse effects on the safety and health of persons using the Park;
- (c) any significant adverse effects on the enjoyment of persons using the Park; or
- (d) any significant adverse effects on the preservation, control and management of the Park.
(4.1) The Superintendent shall set in the authorization any terms and conditions that are necessary for the preservation, control and management of the Park or for the safety of the public.
3. The English version of subsection 15(1) of the Regulations is replaced by the following:
15. (1) It is prohibited, without a permit issued for this purpose, for any person to use, occupy, reside or camp on any land in a Park or erect or use any structure in a Park or park any vehicle in a Park for the purpose of camping.
4. The English version of the Regulations is amended by replacing “his” with “his or her” in the following provisions:
(a) subsection 12(1); and
(b) subsection 16(2).
5. The English version of the Regulations is amended by replacing “he” with “he or she” in the following provisions:
(a) subsection 12(2); and
(b) subsection 33(1).
6. The English version of the Regulations is amended by replacing “his” with “their” in the following provisions:
(a) subsection 16(3);
(b) subsections 28(1) and (2);
(c) paragraph 28(3)(a); and
(d) subsection 36(2).
COMING INTO FORCE
7. These Regulations come into force on the day on which they are registered.
(This statement is not part of the Regulations.)
Issue and objectives
The amendments to the National Historic Parks General Regulations (see footnote 2) (NHPGR) address a concern raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). Subsection 13(4) of the previous Regulations contained criteria that the Superintendent of a park must consider when prescribing terms and conditions for an authorization for an activity designated under subsection 13(2); it was not clear that these criteria also applied to the decision of the Superintendent whether or not to issue an authorization. The SJCSR requested that criteria be clearly specified to guide the Superintendent in deciding whether to issue an authorization for certain activities.
The objectives of the amendments are
- to increase the transparency and fairness of authorizations issued under the NHPGR by specifying criteria to guide the Superintendent in deciding whether to issue an authorization for certain activities; and
- to remove gender-specific language.
Description and rationale
Subsection 13(4) of the NHPGR is replaced with two new subsections specifying the criteria that the Superintendent must consider when deciding whether to issue an authorization for an activity identified in subsection 13(2) and when determining any terms or conditions of such an authorization. The structure of the subsection is revised to convey the non-discretionary character of the powers of the Superintendent to issue the authorization if certain criteria are met.
In addition, the NHPGR are modernized to eliminate gender-specific language.
These amendments do not have any significant policy or legal effect on the implementation of the NHPGR, and they have no impact on Parks Canada’s operational costs.
Senior Policy Advisor
Government Relations and Legislation
National Historic Sites Policy Branch
National Historic Sites Directorate
25 Eddy Street, 5th Floor
S.C. 2009, c. 14, s. 29
S.C. 2000, c. 32