Vol. 144, No. 8 — April 14, 2010

Registration

SOR/2010-67 March 25, 2010

CANADA NATIONAL PARKS ACT

Wapusk National Park of Canada Park Use Regulations

P.C. 2010-386 March 25, 2010

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant of sections 16 and 17 of the Canada National Parks Act (see footnote a), hereby makes the annexed Wapusk National Park of Canada Park Use Regulations.

WAPUSK NATIONAL PARK OF CANADA PARK USE REGULATIONS

INTERPRETATION

1. The following definitions apply in these Regulations.

“Act” means the Canada National Parks Act. (Loi)

“all-terrain vehicle” means a tracked, wheeled or air-cushioned motorized vehicle designed for travel over trails, marshlands, muskeg, sand, snow or trackless terrain, but does not include a tundra vehicle. (véhicule tout-terrain)

“caribou” means a member of the genus Rangifer and includes any part or any derivative of such animal. (caribou)

“Chief Executive Officer” has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général)

“fur-bearing animal” means an animal of the following species or type or any part or any derivative of such animal: beaver, short-tailed weasel, long-tailed weasel, coyote, fisher, arctic fox, red fox, river otter, badger, bobcat, marten, mink, muskrat, red squirrel, wolverine, raccoon and lynx. (animal à fourrure)

“local use permit” means a permit issued under section 6. (permis d’utilisation locale)

“local user” means

(a) any person who has resided in the Local Government District of Churchill or in any settlement along the Hudson Bay Railway from Bird northward for at least five consecutive years within the period that began on April 24, 1976 and ended on April 24, 1996, and for at least six consecutive months at the time of making an application for recognition as a local user; and

(b) any person who is a son or daughter of, or an individual adopted in fact by, a person described in paragraph (a). (utilisateur local)

“Manitoba trapping permit” means a permit issued by Manitoba to a resident of Manitoba that authorizes them to trap fur-bearing animals on a registered trapline in the park. (permis de piégeage du Manitoba)

“park” means Wapusk National Park of Canada. (parc)

“resource harvest cabin” means a rudimentary building in the park that is used primarily for the carrying out of traditional activities and for the exercise of the rights referred to in subsection 2(2) of the Act. (cabane de récolte des ressources)

“species” includes a subspecies, variety or geographically or genetically distinct population of an animal or plant. (espèce)

“traditional activity” means any of the activities described in paragraphs 3(a) to (c). (activité traditionnelle)

“tundra vehicle” means any tracked or wheeled motorized vehicle designed to provide enclosed seating or accommodation for at least 10 passengers and designed or adapted for cross-country travel on land, wetlands, snow or ice. (véhicule de toundra)

APPLICATION

2. In the event of an inconsistency between these Regulations and any other regulations made under the Act, these Regulations prevail to the extent of the inconsistency.

TRADITIONAL ACTIVITIES

3. For the purposes of section 17 of the Act, the following activities that are carried out in the park are traditional renewable resource harvesting activities:

(a) the gathering of berries, deadwood, flowers and other natural products of the land for domestic use;

(b) the trapping of fur-bearing animals; and

(c) the hunting of caribou for domestic consumption.

4. (1) A local user may carry out a traditional activity in the park if they are the holder of a local use permit that authorizes them to do so.

(2) A local user may hunt or possess caribou, or trap or possess fur-bearing animals, in the park if, in addition to being the holder of a local use permit, they are the holder of

(a) in respect of the hunting or possession of caribou, a permit issued by Manitoba that authorizes them to hunt caribou in Manitoba; and

(b) in respect of the trapping or possession of fur-bearing animals, a Manitoba trapping permit.

(3) A local user may operate an all-terrain vehicle in the park while they are carrying out a traditional activity in accordance with their local use permit.

5. (1) The superintendent shall, each year, for the purpose of the protection of caribou, fur-bearing animals and other fauna and flora in the park and for the maintenance or restoration of the ecological integrity of the park, determine

(a) those areas in the park in which traditional activities will be permitted or restricted, taking into account all-terrain vehicle access and the proximity of resource harvest cabins;

(b) those areas in the park in which all-terrain vehicle use will be permitted, restricted or prohibited, taking into account the preservation, control and management of the park and the safety of the persons who will be carrying out activities in the park;

(c) the beginning and length of the season during which each traditional activity may be carried out;

(d) any limit that needs to be placed on the number of local use permits to be issued in respect of a traditional activity, including by reason of the availability of resource harvest cabins; and

(e) any limit that needs to be placed on

(i) the species or quantity of berries or flowers, or the quantity of deadwood or other natural products, that may be gathered,

(ii) the species or number of any species of fur-bearing animals that may be trapped, and

(iii) the species or number of any species of caribou that may be hunted.

(2) The superintendent may, at any time, for the purposes of management of the park, public safety or the conservation of natural resources, close areas of the park to a traditional activity for any period that the superintendent determines necessary.

6. Subject to the other provisions of these Regulations, the superintendent may, on application in accordance with section 7, issue a local use permit to a local user authorizing them to carry out one or more traditional activities in the park.

7. An application for a local use permit shall be submitted to the superintendent on the form provided by the superintendent and shall include the following information:

(a) the name and date of birth of the applicant and the address of their permanent residence;

(b) written evidence that the applicant is a local user;

(c) in the case of a local use permit to hunt caribou, a copy of the permit issued by Manitoba that authorizes them to hunt caribou in that province; and

(d) in the case of a local use permit to trap fur-bearing animals, a copy of their Manitoba trapping permit.

8. (1) Every local use permit shall contain

(a) the name and date of birth of the permit holder;

(b) the address of the permanent residence of the permit holder;

(c) the period of validity of the permit, which shall be one year;

(d) a statement that the transfer or assignment of the permit is prohibited;

(e) a description of the traditional activity that the permit holder is authorized to carry out;

(f) in the case of a permit to trap fur-bearing animals, a description of the method to be used by the permit holder to indicate their traps and trails;

(g) a statement that contravention of a condition of the permit constitutes an offence under section 24 of the Act; and

(h) having regard to the determinations made under subsection 5(1), any conditions that are specified by the superintendent to be included in all local use permits that are issued for a given season for a particular traditional activity in respect of the matters set out in paragraphs (a) to (e) of that subsection.

(2) Despite paragraph (1)(c), local use permits shall not authorize the hunting of caribou or the trapping of fur-bearing animals after April 24, 2031.

(3) The superintendent may specify that all local use permits that are issued for a given season for a particular traditional activity — and any incidental all-terrain vehicle use — include any supplementary conditions required to ensure the protection of caribou, fur-bearing animals and other fauna and flora and natural resources in the park and for the preservation, control and management of the park, including the maintenance or restoration of its ecological integrity.

9. The holder of a local use permit shall sign their permit on receipt.

10. (1) Every holder of a local use permit shall carry it with them whenever they are in the park, and, on request by a park warden or an enforcement officer, shall produce it for examination.

(2) Every holder of a local use permit to hunt caribou or trap fur-bearing animals shall carry with them — whenever they are in the park — the permit that was issued to them by Manitoba in respect of the traditional activity to which the local use permit applies, and shall, on request by a park warden or an enforcement officer, produce that permit for examination.

11. (1) The superintendent may suspend a local use permit if

(a) the permit holder fails to comply with these Regulations or the terms and conditions of the permit; or

(b) the permit issued by Manitoba to the permit holder in respect of the traditional activity to which the local use permit applies is suspended.

(2) The superintendent may reinstate a suspended local use permit if the failure that gave rise to the suspension has been remedied by the permit holder.

(3) The superintendent may revoke a local use permit if

(a) the permit holder is convicted of an offence in respect of a contravention of these Regulations;

(b) the permit issued by Manitoba to the permit holder in respect of the traditional activity to which the local use permit applies is revoked; or

(c) the local use permit has been suspended twice during its period of validity.

(4) A person whose local use permit has been revoked under subsection (3) is not eligible to apply for another within the 12-month period following the revocation.

TUNDRA VEHICLE OPERATION

12. No person shall operate a tundra vehicle in the park unless they are

(a) the holder of a permit issued under section 13; or

(b) an employee of a permit holder referred to in paragraph (a).

13. (1) The superintendent may, on application, issue a permit to operate a tundra vehicle in the park to any commercial operator who is licensed under the National Parks of Canada Businesses Regulations to provide commercial tourism services in the park.

(2) Every permit issued under this section shall contain

(a) the name of the permit holder and the address of their permanent residence;

(b) the names of all employees of the permit holder whom the permit holder authorizes to operate a tundra vehicle and the addresses of their permanent residences;

(c) the date of issuance of the permit;

(d) a statement that the transfer or assignment of the permit is prohibited;

(e) a description of the duties of the permit holder and the tundra vehicle operator;

(f) a statement that contravention of a condition of the permit constitutes an offence under section 24 of the Act; and

(g) any conditions that are specified by the superintendent in respect of

(i) the period of validity of the permit,

(ii) the areas in the park in which a tundra vehicle may be operated, and

(iii) any measures to be taken by the permit holder and the tundra vehicle operator that are necessary to protect the ecological integrity of those areas.

(3) The permit holder shall sign their permit on receipt.

(4) Every person who is operating a tundra vehicle in the park shall carry the permit that authorizes their operation of the vehicle with them, and, on request by a park warden or an enforcement officer, shall produce the permit for examination.

14. (1) The superintendent may suspend a permit issued under section 13 if the permit holder or the tundra vehicle operator fails to comply with these Regulations or the terms and conditions of the permit.

(2) The superintendent may reinstate a suspended permit if the failure that gave rise to the suspension has been remedied.

(3) The superintendent may revoke the permit if

(a) the permit holder or the tundra vehicle operator is convicted of an offence in respect of a contravention of these Regulations; or

(b) the permit has been suspended twice during its period of validity.

(4) A person whose permit has been revoked under subsection (3) is not eligible to apply for another within the 12-month period following the revocation.

RESOURCE HARVEST CABIN USE

15. Resource harvest cabins may be used only for the following purposes:

(a) the carrying out of traditional activities;

(b) trapping by aboriginal persons on a registered trapline in the park;

(c) the exercise in the park, by aboriginal persons, of the rights referred to in subsection 2(2) of the Act; and

(d) the carrying out by employees of the Parks Canada Agency of functions related to management of the park.

16. No person shall construct, alter, re-build or occupy a resource harvest cabin unless they are the holder of a permit issued under section 17.

17. (1) The superintendent may issue a permit authorizing the construction, alteration, re-building or occupation of a resource harvest cabin to

(a) a holder of a local use permit, or an aboriginal person who is the holder of a Manitoba trapping permit that authorizes them to trap fur-bearing animals in the park; or

(b) an aboriginal person who is exercising, in the park, the rights referred to in subsection 2(2) of the Act.

(2) The superintendent may issue only one permit for the construction of a resource harvest cabin on a registered trapline.

(3) Every permit shall specify

(a) the location of the resource harvest cabin;

(b) the name of the owner of the resource harvest cabin;

(c) the activity or activities for which the resource harvest cabin may be used; and

(d) the period of validity of the permit, which shall be one year.

18. Every person who constructs, alters or rebuilds a resource harvest cabin shall ensure that it meets the following criteria:

(a) the floor area of the cabin shall not exceed 29.73 m²;

(b) the height of the cabin shall not exceed 5 m;

(c) the cabin shall not have indoor plumbing or sewer service;

(d) the cabin shall not have a basement or a permanent foundation; and

(e) the cabin shall be equipped with a fire extinguisher.

19. Every person who constructs, alters, re-builds or occupies a resource harvest cabin shall keep the cabin in good repair and shall ensure that the construction site, if applicable, is kept in a neat and safe condition.

20. Every person who constructs, alters, re-builds or occupies a resource harvest cabin shall remove all garbage, including animal remains, from the cabin and the cabin site and shall dispose of the garbage at a disposal site that is approved by Manitoba and situated outside the park.

FIREARMS

21. (1) No person shall be in possession of, carry, transport or discharge a firearm in the park unless they are the holder of a permit issued by the superintendent under section 22.

(2) Subsection (1) does not apply to

(a) the superintendent, a park warden, an enforcement officer or any other employee of the Parks Canada Agency who is carrying out functions related to the management of the park; or

(b) an aboriginal person who is exercising, in the park, the rights referred to in subsection 2(2) of the Act.

22. The superintendent may, on application, issue a permit to the holder of a local use permit to hunt caribou authorizing them to be in possession of, carry, transport and discharge a firearm in the park for the purpose of carrying out that traditional activity, in the following circumstances:

(a) the person possesses a registration certificate issued under the Firearms Act for the firearm to be identified in their permit;

(b) the person is authorized under the Firearms Act

(i) to be in possession of that type of firearm, and

(ii) to carry and transport the firearm;

(c) the person has submitted with their application a detailed summary of their experience of, and skill at, travelling in the park and the adjacent region; and

(d) the person has submitted with their application a detailed summary of their skills and experience that demonstrates that they are qualified to safely possess, carry, transport and discharge the firearm in the park.

NOTICE AND REVIEW OF DECISIONS

23. If the superintendent refuses to issue a permit or suspends or revokes a permit, the superintendent shall, as soon as possible after making their decision, provide written notice of it, including reasons, to the applicant or permit holder, as applicable.

24. (1) Any person to whom the superintendent has refused to issue a permit or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice described in section 23.

(2) On receipt of the written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the permit if the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect

(a) in the case of a refusal, to the requirements and matters to be considered as set out in these Regulations; and

(b) in the case of a suspension or revocation, to the reasons set out in section 11 or 14, as the case may be.

(3) The Chief Executive Officer shall provide written notice of his or her decision, including reasons, to the person who requested the review.

CONSEQUENTIAL AMENDMENTS

NATIONAL PARKS OF CANADA AIRCRAFT ACCESS REGULATIONS

25. The schedule to the National Parks of Canada Aircraft Access Regulations (see footnote 1) is amended by adding the following after item 11:

Item	Column I Park	Column II Take-off and Landing Location
12.	Wapusk National Park of Canada	Any location

NATIONAL PARKS OF CANADA DOMESTIC ANIMALS REGULATIONS

26. Subsection 2(4) of the National Parks of Canada Domestic Animals Regulations (see footnote 2) is replaced by the following:

(4) The prohibition in paragraph 3(2)(b) and the requirement in section 5 that a domestic animal be kept under physical control do not apply

(a) in any park, in respect of a dog that is involved in a search and rescue operation or training for a search and rescue operation that is being conducted under the authorization of the superintendent; and

(b) in Wapusk National Park of Canada, in respect of a dog trained in the detection of, or protection from, polar bears that is being used in the park in that capacity.

(5) The provisions of paragraphs 5(a) and (b) that require a person to ensure that a domestic animal does not chase, molest, bite or injure wildlife or become a nuisance or cause unreasonable disturbance to wildlife does not apply in respect of a dog trained in the detection of, or protection from, polar bears that is being used in that capacity in Wapusk National Park of Canada if the wildlife in question is a polar bear.

27. The Regulations are amended by adding the following after section 6:

6.1 Section 6 does not apply, in Wapusk National Park of Canada, in respect of a sled dog or a dog trained in the detection of, or protection from, polar bears that is being used in the park in that capacity.

28. The Regulations are amended by adding the following after section 7:

7.1 Before entering Wapusk National Park of Canada with a sled dog team, or with a dog trained in the detection of, or protection from, polar bears, the person who is bringing the dogs into the park shall submit to the superintendent a veterinarian’s certificate or other evidence that establishes that the dogs

(a) have been vaccinated against rabies, distemper, parvo virus and Bordetella, and that those vaccinations are not out of date; and

(b) have been dewormed not more than six months before entering the park.

COMING INTO FORCE

29. These Regulations come into force on March 26, 2010.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Wapusk National Park of Canada Park Use Regulations (the Regulations) implement the terms of the Federal-Provincial Memorandum of Agreement for Wapusk National Park (the Agreement), concluded in 1996 between the Government of Canada and the Government of Manitoba for the creation of Wapusk as a national park of Canada.

The Government of Canada decided to create Wapusk National Park of Canada for the benefit, education and enjoyment of all Canadians, on the lands between the lower reaches of the Churchill and Nelson rivers, situated in the province of Manitoba. These lands, located in the Hudson-James Lowlands Natural Region, are significant nationally and internationally for their biological diversity, their importance as habitat for seasonal concentrations of migrating and breeding birds and polar bears (the area has one of the largest concentrations of maternity denning of polar bears in the world), and their interrelated Aboriginal and European cultural themes.

As a result of that Agreement, the legal description of Wapusk National Park was added in Part 4 of Schedule 1 of the Canada National Parks Act (the Act). The power of the Governor in Council in paragraph 17(1)(b) of the Act to make regulations in relation to Wapusk National Park was also added.

The Agreement specifically provides

(1) that the existing treaty and aboriginal rights relating to hunting, trapping and fishing are to be respected within the park;

(2) for the continuation of the traditional use of the lands within the park and its renewable resources by Aboriginal peoples referred to in the Agreement; and

(3) that eligible non-Aboriginal persons are to be able to practise certain traditional local uses such as gathering of berries, deadwood, flowers and other natural products of the land for domestic use, hunting of caribou for domestic consumption, trapping and use of cabins.

Currently, the exercise of traditional renewable resource harvesting in the park is controlled under provincial legislation (Manitoba Wildlife Act). Once the Regulations come into effect, the exercise of these activities will be controlled by federal legislation.

The objectives of the Regulations are to implement the terms of the Agreement as stated above and to provide a framework for the control of traditional renewable resource harvesting in the park. The Regulations do not change the nature of the existing activities in Wapusk but, rather, the regulatory regime under which they are administered. Currently, the exercise of traditional renewable resource harvesting in Wapusk is controlled under the Manitoba Wildlife Act. Once the Regulations come into effect, the same activities will continue under the authority of the Act.

Description and rationale

This measure is consistent with the 1994 Parks Canada Guiding Principles and Operational Policies, which stipulate that the pursuit of traditional harvesting activities by local populations may be established for a determined period and that these activities must be controlled by regulations.

These Regulations implement the terms and conditions of the Agreement including the fact that the existing treaty and aboriginal rights relating to hunting, trapping and fishing are respected within the park and that the Aboriginal peoples referred to in the Agreement are able to continue the traditional use of the park land and its renewable resources. Eligible non-Aboriginal persons are able to practise certain or all of the traditional local uses.

Under these Regulations, eligible non-Aboriginal persons are any person who has resided in the Local Government District of Churchill, or in any settlement along the Canadian National Railway, from Bird northward, for at least five consecutive years within the period commencing in 1976, and for at least six consecutive months at the time of making an application for recognition as a local user and any person who is a child of such a person.

The traditional local uses are the gathering of berries, deadwood, flowers and other natural products of the land for domestic use; hunting of caribou for domestic consumption, trapping in the community trapping area or on registered traplines; use of cabins for gathering, hunting or trapping; and accessing the park by all-terrain vehicle. These activities shall be restricted only by applicable regulations necessary for public safety and the management and conservation of the national park.

These Regulations prevail over any other regulations that are not compatible made under the Canada National Parks Act.

Consultation

Extensive consultations with the First Nation of Fox Lake and the First Nation of York Factory, local trappers, commercial operators and representatives of the Town of Churchill were carried out to achieve the Agreement for Wapusk National Park in April 1996. The consultations also included other First Nations in the region, Métis and town Councils. These Regulations were generally supported by all consulted.

After the signing of the Agreement, a management board was created pursuant to the Agreement comprising 10 members representing the Government of Canada, the Government of Manitoba, the First Nation of Fox Lake, the First Nation of York Factory and the Government District of Churchill. Consultations with the management board have been ongoing since its creation and throughout the development of these Regulations.

In 1998, interim management guidelines were drawn up based on the Agreement, and in 2007 a park management plan was approved to reflect the provisions of the Agreement and the interim management guidelines. The proposed regulatory framework for traditional resource harvesting formed part of the extensive consultation on the management plan. Supportive feedback and comments about the Regulations were received during and after the consultation sessions at various communities within the park area.

Additional consultations on the draft Regulations, undertaken in May 2009 with the management board and in the fall of 2009 with local Aboriginal and non-Aboriginal residents and stakeholders, included an early draft of the Regulations released for consultation. The consultations generated support for the Regulations.

Implementation, enforcement and service standards

The carrying out of a traditional local use activity, such as the gathering of berries, deadwood, flowers and other natural products of the land, the hunting of caribou or the trapping of fur-bearing animals, will continue for Aboriginal peoples. However, non-Aboriginal people will be required to obtain a permit to carry out traditional resource harvesting. In addition, permits will be required for the use in the park of an all-terrain vehicle or a tundra vehicle.

Enforcement activities will take place through regular patrols by park wardens and other law enforcement officers. In the event of non-compliance with the Regulations, a charge could be laid pursuant to section 24 of the Act for which a fine of up to $2,000 on summary conviction, and up to $5,000 on indictment, could be imposed. These fines will increase up to $25,000 on summary conviction, and up to $100,000 on indictment, once the amendments to the Act made by the Environmental Enforcement Act enter into force. Currently, under the Manitoba Wildlife Act, the penalty would be a fine of up to $10,000 or six months in jail, or both.

The Regulations will be applied in current park operations through educational and compliance programs and through monitoring and patrolling by park staff in areas frequented by people.

Environmental considerations

A Strategic Environmental Assessment (SEA) was undertaken in accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. There is minimal potential for adverse effects to result from the harvesting activities permitted by these Regulations. Specifically, the use of all-terrain vehicles and snowmobiles could disturb soils, vegetation, wildlife and visitors. Harvesting could impact wildlife population dynamics. However, these are ongoing traditional activities in Wapusk National Park, and there is no reason to believe that the Regulations would result in any change in the activities or their impacts. Furthermore, the impacts of traditional activities will be monitored and can be mitigated, if necessary, through use of the Regulations to limit when and where the activities may occur. The SEA has concluded that the Regulations are not likely to have important environmental effects.

Contact

Stéphane Doucet
Manager
Legislative and Regulatory Affairs
Legislation and Policy Branch
Parks Canada Agency
25 Eddy, 25-4-Q, 4th Floor
Gatineau, Québec
K1A 0M5
Telephone: 819-994-2699
Fax: 819-997-0835
Email: Stephane.Doucet@pc.gc.ca

Footnote a
S.C. 2000, c. 32

Footnote 1
SOR/97-150; SOR/2004-299

Footnote 2
SOR/98-177; SOR/2005-350

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