ARCHIVED — Vol. 145, No. 40 — October 1, 2011

Regulations Amending the National Parks of Canada Aircraft Access Regulations

Statutory authority

Canada National Parks Act

Sponsoring agency

Parks Canada Agency

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issue

Jasper airstrip

In accordance with the recommendations in the 1988 Jasper National Park of Canada Management Plan, Parks Canada decided to close and retire from service the airstrip located in this park. Routine aviation activities have been prohibited there since the adoption of the Regulations in 1997. In that same year, Parks Canada closed the airstrip following a screening carried out under the Canadian Environmental Assessment Act (CEAA).

However, before retirement-from-service work could be undertaken, a group of airstrip users contested the Parks Canada decision in the courts, which ordered the Agency to conduct a comprehensive study under provisions of the CEAA before making a decision regarding retirement from service. The results of the comprehensive study revealed that retirement from service could increase risks to pilots and to aviation safety. Because it was not prepared to accept the level of risk posed by the retirement from service of the airstrip located in the Park, the Government of Canada cancelled the decision previously made to retire the landing strip from service.

Moreover, aware of the legal uncertainty that would arise from the status of a landing strip that was closed but not retired from service, the Government of Canada decided to propose the reopening and relisting of the airstrip in the Park in the Schedule to the Regulations. The Jasper airstrip would thus be reopened for emergency purposes and for use by private recreational aircraft.

Emergency landings

The Canadian Aviation Regulations authorize pilots to land anywhere in a park in case of emergency. To avoid any misunderstanding, the Government of Canada has decided to revise the Regulations and to specify the right of anyone to land an aircraft, in case of emergency, in national parks and national park reserves (national parks).

Landing locations in Nahanni National Park Reserve of Canada

An Act to amend the Canada National Parks Act to enlarge Nahanni National Park Reserve of Canada was assented to on June 18, 2009. Prior to the inclusion of the expansion area within the boundaries of the Park Reserve, the expansion area included landing and take-off locations that were traditionally used to provide aircraft access to this remote region. To continue the use of these landing locations as essential visitor access points to the Park Reserve, it is necessary to give them a regulatory status.

Diversification of activities in national parks

Paragliders and hang gliders are currently included in the definition of “aircraft” in subsection 3(1) of the Aeronautics Act, which is the definition used in the Regulations. Paragliders and hang gliders are therefore subject to the same restrictions imposed on all aircraft by the Regulations. By removing paragliders and hang gliders from the scope of the Regulations, the diversification of the recreational activity offer in national parks would be enhanced.

Objectives

The objectives of the proposed amendments to the Regulationsare to relist the Jasper airstrip in the Schedule to the Regulations, mitigate aviation safety-related risks by providing for emergency landing in national parks, add five landing locations in the Park Reserve, and diversify recreational activities in national parks by removing paragliders and hang gliders from the scope of the Regulations.

Description

Amendment to the Schedule to the Regulations

The Regulations currently permit aircraft to use landing strips and locations in national parks listed in the Schedule to the Regulations. The proposed amendment would add descriptions of the Jasper airstrip and of five additional landing locations in the Park Reserve to Column II of the Schedule to the Regulations.

Amendment to section 6 of the Regulations

Section 6 of the Regulations would be amended to include a provision permitting the landing and take-off of aircraft in national parks in cases of emergency.

Amendment to section 1 of the Regulations

Section 1 of the Regulations would be amended to include a provision that would limit the scope of application of the Regulations by stating that the Regulations do not apply to paragliders or hang gliders. Paragliding and hang gliding activities would henceforth be subject to sections 7 and 7.1 of the National Parks General Regulations, as are other recreational activities.

Regulatory and non-regulatory options considered

The only solution other than the regulatory solution would be to maintain the status quo. However, this solution has not been entertained because it does not correspond to current operational realities. It is necessary to amend the Regulations: (1) to relist the Jasper airstrip in the Schedule to the Regulations to provide for its continued use; (2) to authorize a person to land and take off anywhere in national parks in cases of emergency; (3) to add to the Schedule to the Regulations the five landing locations in the expansion area of the Park Reserve; and (4) to remove the impediment to authorizing paragliding and hang gliding activities in national parks.

Benefits and costs

The coming into force of the proposed amendments would result in an initial cost of $30,000, which represents the cost of upgrading the Jasper airstrip in the Park including upgrading basic facilities, installing operational signs, grass seeding the area, replacing landing strip markers, and installing a booth for self-registration and fee collection. Thereafter, the costs of regular operations would be recovered. The Park would also assume the administrative costs related to issuing and processing permits and payments, updating signage and infrastructure and carrying out minor maintenance tasks and occasional compliance audits.

To be able to take off from or land on the Jasper airstrip, it would be necessary to obtain a permit issued by the superintendent. The fees set by the Minister under section 23 of the Parks Canada Agency Act would be $5 for a day permit, $50 for a non-resident’s annual permit and $100 for a resident’s annual permit (which includes the cost of a long-term parking permit). The demand estimated for the first year is 400 day permits, 10 non-resident’s annual permits and 4 resident’s annual permits.

The addition of five landing locations in the Park Reserve would not result in any additional administrative or operational costs since the locations would not require any maintenance. Four sites consist of landing locations on a lake and the fifth one consists of a location on land that allows for wheeled aircraft landings.

Users of take-off and landing strips in emergency situations would not be required to pay any fees. The costs to Parks Canada for this service would be minimal.

The economic consequences of removing paragliders and hang gliders from the scope of the Regulations would be negligible. Their future regulation under the National Parks General Regulations would mean that in addition to park admission fees, participants in these activities would have to purchase a permit to carry out these activities. At most, the permit would cost $15 per person, per day. It is estimated that about 100 permits per year, per park, may be issued in total. No additional resources would be required as the administration of these activities would be managed within current resources. Local businesses may benefit from a slight increase in revenue attributable to people engaging in paragliding and hang gliding activities.

Rationale

Studies determined that retirement from service of the Jasper airstrip would increase the risks to pilots and aviation safety. Consequently, it is proposed to relist the Jasper airstrip in the Regulations for its use in emergencies. In addition to allowing use of the airstrip during emergencies, the reopening of the airstrip would also allow use by private recreational aircraft.

A strategic environmental assessment carried out with regards to this proposed amendment considered potential effects on valued ecosystem components at the local and regional environmental scale, and concluded that relisting the Jasper airstrip for emergency purposes and for use by private recreational aircraft would not result in significant adverse environmental effects at the local or regional scale, with the implementation of mitigation measures.

The authorization of emergency landings anywhere in national parks is being proposed in order to improve safety for pilots and the public and to limit potential risks of unforeseen incidents, such as sudden changes in weather conditions, human error or mechanical breakdown.

The proposed amendments would also provide for continued access to the expansion area added to the Park Reserve to facilitate further opportunities for visitor experience and business opportunities for aircraft operators.

The removal of paragliders and hang gliders from the scope of the Regulations would allow their considerations as recreational activities, while still ensuring their regulation under the National Parks General Regulations. The addition of new recreational activities supports Parks Canada’s strategic direction to increase opportunities for visitor experience and to increase visitation to national parks.

Consultation

In a press release dated March 14, 2008, the Government of Canada announced its intention to reopen the Jasper airstrip. Meetings were held to discuss the proposed amendments with national aviation and environmental interest groups, such as the Canadian Owners and Pilots Association (COPA), the Canadian Parks and Wilderness Society (CPAWS) and the local Jasper Flying Club.

When change to the Jasper airstrip was announced in 2008, members of environmental groups expressed their opposition and launched a lawsuit to overturn the decision to go ahead with the proposed amendments. During the course of discussions with leaders of environmental groups and in various public meetings, Parks Canada clarified that the small airstrip would not be enlarged and that its physical condition (grass-covered landing strip without lighting) would not be enhanced, thus limiting its use to daytime flights by small aircraft. After these clarifications were provided, the environmental groups ended their lawsuit.

The review of the management plan for the Park, carried out between March 2009 and March 2010, provided an opportunity to include the decision to reopen the Jasper airstrip and gather comments on the criteria for managing the airstrip, as part of the public consultations process for the management plan review.

A detailed report describing the circumstances surrounding the reopening of the Jasper airstrip and future management criteria was released to the public for information and comment purposes during the Jasper National Parks of Canada Planning Forum (March 14, 2009) and posted on a public consultation Web site from March to July 2009, as well as on the Park Web site from July 2009 to present.

During the consultations on the management plan for the Park, the issue of use of the Jasper airstrip for recreational purposes was raised in several written submissions received from members of the public.

Aboriginal peoples known to have an interest in the Park (about 25 groups) were informed of the decision relative to the Jasper airstrip and given information on the process for updating the park management plan during three meetings held in connection with the Jasper Aboriginal Forum (October 2008 and April and October 2009). The Park also hosted five visits by Aboriginal communities in the summer of 2009 as part of the consultation process for updating of the park management plan.

The input received from the public and from Aboriginal people was taken into consideration when this regulatory proposal was drafted.

The intention of adding landing locations in the Park Reserve was presented as part of the public consultations on the park management plan for the Park Reserve. In January 2010, a factsheet on aircraft access was made available to the public. The original proposal was to add six landing locations in the schedule to the Regulations to provide access to the expansion area. However, given the unique nature of one of the proposed locations and based on concerns raised during the public consultations, only five landing locations would be added to the schedule to the Regulations.

The authorization of paragliding and hang gliding activities in national parks was reviewed in a national assessment of these activities. To conduct this nationwide assessment, 24 participants (14 from Parks Canada and 10 from outside the Agency) attended an assessment workshop. Participants from outside the Agency included representatives of the Canadian Parks and Wilderness Society, the National Capital Commission, the Alpine Club of Canada and the Hang Gliding and Paragliding Association of Canada (HPAC). The working group unanimously agreed that it was acceptable to provide for paragliding and hang gliding activities in national parks.

Implementation, enforcement and service standards

Because the work to fully retire the Jasper airstrip from service was not carried out following its closing, the airstrip would simply be reopened with minimal work. Access to the airstrip for recreational purposes would require a permit issued by the Park superintendent.

The proposed amendments to the Regulations would also authorize a person to take off from and land in national parks for emergency purposes.

The proposed amendments concerning landing locations in the Park Reserve would allow Parks Canada to manage these locations pursuant to the provisions of the Regulations.

Paragliding and hang gliding activities in national parks would be managed in a manner similar to that of other recreational activities in national parks. Guidelines would be introduced to help ensure the safety of participants and visitors.

To implement the Regulations, current education, compliance and monitoring programs would be used. In addition, law enforcement officers and other park employees would conduct regular patrols to ensure compliance with the Regulations.

In the event of non-compliance with the provisions of the Regulations, a charge could be laid, pursuant to subsection 24(2) of the Canada National Parks Act, for which a fine of up to $25,000 on summary conviction, and up to $100,000 on indictment, could be imposed.

Contact

Julie Lacasse
Legislative and Regulatory Affairs
Parks Canada Agency
25 Eddy Street, 4th Floor, Room 25-4-Q
Gatineau, Quebec
K1A 0M5
Telephone: 819-994-5138
Fax: 819-997-0835
Email: julie.lacasse@pc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 16(1)(x) of the Canada National Parks Act (see footnote a), proposes to make the annexed Regulations Amending the National Parks of Canada Aircraft Access Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Julie Lacasse, Parks Canada, Legislative and Regulatory Affairs, Legislation and Policy, National Parks Directorate, 25 Eddy Street, Mail Stop: 25-4-Q, Gatineau, Quebec K1A 0M5 (tel.: 819-994-5138; fax: 819-997-0835; email: julie.lacasse@pc.gc.ca).

Ottawa, September 22, 2011

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE NATIONAL PARKS OF CANADA AIRCRAFT ACCESS REGULATIONS
AMENDMENTS

1. The National Parks of Canada Aircraft Access Regulations (see footnote 1) are amended by adding the following after section 1.2:

1.3 These Regulations do not apply in respect of paragliders or hang-gliders.

2. Subsection 2(2) of the Regulations is replaced by the following:

(2) No person shall cause an aircraft to take off or land in a park set out in any of items 1 to 9 and 11 to 13, column I, of the schedule unless that person is the holder of a permit.

3. Section 6 of the Regulations is replaced by the following:

6. (1) Despite anything in these Regulations, the superintendent may authorize the take-off and landing of an aircraft anywhere in a park for the purposes of

• (a) natural or cultural resource management and protection directly related to the administration of the park, and any other management or control function directly related to the administration of the park;
  
• (b) public safety; or
  
• (c) law enforcement.
  

(2) Despite anything in these Regulations, a person may take off or land an aircraft anywhere in a park in an emergency situation. However, the person shall notify the superintendent of the emergency situation and the reasons for, and location of, the take-off and landing as soon as feasible after the situation occurs.

4. Item 6 of the schedule to the Regulations is amended by adding, in column II, the following after paragraph (b):

Item	Column II Take-off and Landing Location
6.	(c) South Nahanni River (commonly known as “Bunny Bar River”) at latitude 62°01′35′′N, longitude 127°19′35′′W (d) Island Lake at latitude 62°20′50′′N, longitude 128°11′00′′W (e) Honeymoon Lake at latitude 62°21′15′′N, longitude 128°13′50′′W (f) Glacier Lake at latitude 62°05′00′′N, longitude 127°34′00′′W (g) Seaplane Lake at latitude 61°24′50′′N, longitude 126°49′00′′W

5. The schedule to the Regulations is amended by adding the following after item 12:

Item	Column I Park	Column II Take-off and Landing Location
13.	Jasper National Park of Canada	Jasper airstrip at latitude 52°59′48′′N, longitude 118°03′34′′W

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

[40-1-o]

• Footnote a
  S.C. 2000, c. 32
• Footnote 1
  SOR/97-150; SOR/2004-299