FEDERAL REG

SOR/2017-21: Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program)

REGISTRATION OF FEDERAL REGULATION - VIA OIC DATABASE, PRIOR TO PART II OF THE GAZETTE

Registered
February 13, 2017


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 T... (Click for more)


Published on February 18, 2017

Bill Summary

SOR/2017-21: Regulations Amending Certain Parks Canada Agency Regulations (Miscellaneous Program)

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 The word “cancel” is used to indicate that a licence may be rescinded.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

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