Vol. 144, No. 4 — February 17, 2010

Registration

SOR/2010-23 February 2, 2010

CANADA NATIONAL PARKS ACT

Regulations Amending and Repealing Certain Regulations Made Under the Canada National Parks Act

P.C. 2010-105 February 2, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 16 of the Canada National Parks Act (see footnote a), hereby makes the annexed Regulations Amending and Repealing Certain Regulations Made Under the Canada National Parks Act.

REGULATIONS AMENDING AND REPEALING CERTAIN REGULATIONS MADE UNDER THE CANADA NATIONAL PARKS ACT

NATIONAL PARKS HIGHWAY TRAFFIC REGULATIONS

1. Section 2.2 of the National Parks Highway Traffic Regulations (see footnote 1) is replaced by the following:

2.2 The following provisions do not apply in the Town of Banff or in the Town of Jasper, namely, section 15, subsections 16(1) and (2), sections 23 to 25, paragraph 26(b), sections 30, 31 and 34 to 39, paragraph 40(1)(d), sections 41 and 42 and subsection 47(2).

NATIONAL PARKS OF CANADA WATER AND SEWER REGULATIONS

2. The National Parks of Canada Water and Sewer Regulations (see footnote 2) are amended by adding the following after section 2.1:

2.2 These Regulations do not apply in the Town of Jasper.

NATIONAL PARKS GENERAL REGULATIONS

3. The National Parks General Regulations (see footnote 3) are amended by adding the following after section 2.1:

2.2 Subsections 5(1) and (2), sections 29 to 31, paragraphs 32(1)(a) and (b) and sections 33 to 35, 37 and 39 do not apply in the Town of Jasper.

NATIONAL PARKS CAMPING REGULATIONS

4. Section 2.1 of the National Parks Camping Regulations (see footnote 4) is replaced by the following:

2.1 These Regulations do not apply in the Town of Banff or in the Town of Jasper.

NATIONAL PARKS OF CANADA GARBAGE REGULATIONS

5. Subsection 2.1(2) of the National Parks of Canada Garbage Regulations (see footnote 5) is replaced by the following:

(2) These Regulations do not apply in the Town of Banff or in the Town of Jasper.

6. Items 1 and 2 of Schedule II to the Regulations are repealed.

NATIONAL PARKS CEMETERY REGULATIONS

7. The definition “Jasper Park Cemetery” in section 2 of the National Parks Cemetery Regulations (see footnote 6) is repealed.

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

3. These Regulations apply to Field Cemetery and Waterton Cemetery.

9. Subsection 20(3) of the Regulations is repealed.

TOWN OF JASPER STREETWORKS TAXES REGULATIONS

10. The Town of Jasper Streetworks Taxes Regulations (see footnote 7) are repealed.

NATIONAL PARKS OF CANADA LEASE AND LICENCE OF OCCUPATION REGULATIONS

11. Subsection 2(3) of the National Parks of Canada Lease and Licence of Occupation Regulations (see footnote 8) is replaced by the following:

(3) For the purposes of the definition “eligible resident” and subsection (2), “business” means a business that is licensed under the National Parks of Canada Businesses Regulations or under a by-law passed by the Corporation of the Town of Banff or the Municipality of Jasper.

NATIONAL PARKS OF CANADA DOMESTIC ANIMALS REGULATIONS

12. Section 2 of the National Parks of Canada Domestic Animals Regulations (see footnote 9) is amended by adding the following after subsection (4):

(5) Section 3, subsections 4(1) to (4) and (6) to (8), paragraphs 5(a) to (c), sections 6 to 8 and subsections 9(1) to (4) and section 10 do not apply in the Town of Jasper.

13. The Regulations are amended by adding the following after section 5:

5.1 In the Town of Jasper, every person who keeps a domestic animal shall ensure that the animal does not

(a) chase, molest, bite or injure wildlife;

(b) become a nuisance or cause disturbance to wildlife; or

(c) gain access to an area where the animal is prohibited.

14. Section 9 of the Regulations is amended by adding the following after subsection (4):

(5) In the Town of Jasper, the superintendent or park warden may impound a domestic animal that has

(a) chased, molested, bitten or injured wildlife;

(b) become a nuisance or caused a disturbance to wildlife; or

(c) gained access to an area where the animal is prohibited.

(6) In the Town of Jasper, the superintendent or park warden may destroy any domestic animal that poses a danger to the natural resources of the park.

(7) In the Town of Jasper, the superintendent or park warden shall, as soon as possible after a domestic animal has been impounded or destroyed under subsection (5) or (6), notify the person who keeps the animal, if the person can be readily identified.

NATIONAL PARKS OF CANADA BUSINESSES REGULATIONS

15. Subsection 2(2) of the National Parks of Canada Businesses Regulations (see footnote 10) is replaced by the following:

(2) These Regulations do not apply in the Town of Banff or in the Town of Jasper.

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Regulations Amending and Repealing Certain Regulations Made under the Canada National Parks Act (the Regulations) will amend the relevant provisions of the national park regulations that are currently applicable to the Town of Jasper to allow the Town to implement its bylaws to achieve self-governance.

Since the creation of Jasper National Park of Canada in 1907, the Town of Jasper has been within the jurisdiction of Parks Canada for all aspects of the governance of the Town because the Town is located within the national park.

More recently, the local community’s desire to have control over the management of the municipal services, its revenues and its expenditures led the Town of Jasper to move towards self-governance. Consequently, pursuant to section 10 of the Canada National Parks Act, the Minister signed the Agreement for the Establishment of Local Government in the Town of Jasper (the Agreement) on June 13, 2001, with the Municipality of Jasper concerning certain transfer of responsibilities, within the Town of Jasper, from Parks Canada to the Municipality of Jasper. The Agreement enables the establishment of a local government in the Town of Jasper. The federal government maintains its oversight of the Town of Jasper’s management through the Agreement, which requires that future bylaws made by the Municipality of Jasper be approved by Parks Canada.

The Town of Jasper has now completed the development of the required bylaws necessary to the self-governance entitled by the Agreement. In order for the Municipality of Jasper to implement the bylaws required to govern the Town of Jasper, the provisions of various national park regulations that currently apply to the Town of Jasper have to be amended or rescinded to enable the Municipality of Jasper to move towards self-governance.

Description and rationale

The Regulations containing amendments to a number of national parks regulations will amend or revoke several regulations related to municipal powers, duties and functions to exclude the Town of Jasper from the application of federal regulations in most areas of administration of the Town.

Responsibility for the following services will be transferred from the Government of Canada to the Municipality of Jasper:

1. Garbage Services — The Municipality of Jasper will be responsible for garbage services in the Town of Jasper. Therefore, the Regulations will amend the National Parks of Canada Garbage Regulations to remove their application to the Town of Jasper.

2. Water and Sewer — The Municipality of Jasper will be responsible for water and sewer services in the Town of Jasper. Therefore, the Regulations will amend the National Park of Canada Water and Sewer Regulations to remove their application to the Town of Jasper.

3. Domestic Animals — The Municipality of Jasper will be responsible for domestic animal control in the Town of Jasper with the exception of their impact on the Park’s natural resources. Therefore, the Regulations will amend the National Parks of Canada Domestic Animal Regulations to remove their application to the Town of Jasper with the exception of their impact on the Park’s natural resources. Parks Canada will continue to be responsible for the portion of the provisions related to land-use planning, development and the environment.

4. Streets and Roads — The Municipality of Jasper will be responsible for the control of streets and roads in the Town of Jasper. Therefore, the Regulations will amend the National Parks Highway Traffic Regulations to remove their application to the Town of Jasper.

5. Noise and Nuisance — The Municipality of Jasper will be responsible for the control of noise and nuisance in the Town of Jasper. Therefore, the Regulations will amend the National Parks General Regulations to remove their application to the Town of Jasper.

6. Public Recreation Facilities — The Municipality of Jasper will be responsible for the control of public recreation facilities in the Town of Jasper. Therefore, the Regulations will amend the National Parks General Regulations to remove its application to the Town of Jasper.

7. Taxing — There is no authority under the CanadaNational Parks Act to levy a property tax in the Town of Jasper. The Municipality of Jasper will levy a property tax on property interests within its jurisdiction. Therefore, the Regulations will repeal the Town of Jasper Streetworks Taxes Regulations.

8. Camping — The Municipality of Jasper will be responsible for the control of camping in the Town of Jasper. Therefore, the Regulations will amend the National Parks Camping Regulations to remove their application to the Town of Jasper.

9. Cemetery — The Municipality of Jasper will be responsible for the operations and maintenance of the Jasper Park Cemetery. Therefore, the Regulations will amend the National Parks Cemetery Regulations to remove their application to the Town of Jasper. The Regulations will allow for the enabling of the Cemetery Bylaw in the Town of Jasper.

10. Business Licences — The Municipality of Jasper will be responsible for the control of businesses in the Town of Jasper. Therefore, the Regulations will amend the National Parks of Canada Businesses Regulations to remove their application to the Town of Jasper.

The Regulations will also amend the National Parks of Canada Domestic Animals Regulations and the National Parks General Regulations to ensure that Parks Canada continues to be responsible for the portion of the provisions related to the environment.

The federal government will be relieved of the responsibilities for providing municipal services except in the areas of land-use planning and development and in matters relating to the environment. Parks Canada will also continue to receive annually indexed payments of $335 000 for land rent and $145 000 for the provision of land-use planning and development services from the Municipality of Jasper.

The amendments contained in the Regulations will transfer the costs of recapitalization and delivering services from Parks Canada to the Municipality of Jasper. These savings are offset by losses in operational revenue and user fees, resulting in a nil impact on federal finances.

On the other hand, the administrative costs of operation for the Municipality of Jasper have increased, given the new responsibilities. However, the Municipality of Jasper has received the municipal status from the Province of Alberta, which allows it to levy taxes. Therefore, the administrative costs are neutralized by the taxing powers they have as a municipality.

Consultation

Consultations on self-governance have been held with the residents and the provincial government over several years. In June 2001, a plebiscite was held to seek public approval for the Agreement that had been negotiated by the Municipality of Jasper and the Minister responsible for Parks Canada. The result of the vote was 78% in favour and 22% against local governance.

The Municipality of Jasper has used the legislated municipal practice of having three readings of all bylaws. These three readings of the bylaws allow for public consultation; therefore, the public has had full opportunity to have a say in the governance process. There has been no concerted public effort to return local governance in these areas to Parks Canada since the interim measure was put in place in 2001.

Implementation, enforcement and service standards

With the implementation of self-governance in the Town of Jasper, there is an elected Mayor and Council responsible for municipal governance, with the exception of environmental matters, land-use planning and development. The Municipality of Jasper will be responsible to develop and enforce municipal bylaws that will govern the service areas identified in the Agreement. The federal government will continue to be responsible for land-use planning and development for lands both within and outside the Town of Jasper. As well, the federal government will retain full control over all matters related to the environment. Furthermore, no municipal bylaw may come into effect until reviewed and certified by the Superintendent of Jasper National Park of Canada. This safeguards the rights of the federal government to determine the impact of each bylaw on land-use planning, development and the environment.

Contact

Stéphane Doucet
Manager
Legislative and Regulatory Affairs
Legislation and Policy Branch
Parks Canada
25 Eddy Street, 4th Floor, 25-4-Q
Gatineau, Quebec
K1A 0M5
Email: stephane.doucet@pc.gc.ca

Footnote a
S.C. 2000, c. 32

Footnote 1
C.R.C., c. 1126

Footnote 2
C.R.C., c. 1134; SOR/2001-320

Footnote 3
SOR/78-213

Footnote 4
SOR/80-127

Footnote 5
SOR/80-217; SOR/2001-449

Footnote 6
SOR/83-677

Footnote 7
SOR/88-174; SOR/90-235

Footnote 8
SOR/92-25; SOR/2002-237

Footnote 9
SOR/98-177; SOR/2005-350

Footnote 10
SOR/98-455; SOR/2002-370 

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