National Parks of Canada Land Use Planning Regulations (SOR/2024-230)

Marginal note:Occupancy authorization

17 The superintendent may include, in the certificate of completion, an authorization for the occupancy of any building, or any part of a building, and may make the authorization subject to conditions, such as that the occupancy be for a particular purpose.

Suspension and Revocation

Marginal note:Suspension

• 18 (1) The superintendent may suspend a permit or an occupancy authorization if the person who holds the permit or authorization has contravened a requirement of these Regulations or any condition of the permit or occupancy authorization.

• Marginal note:Period of suspension

  (2) The permit or occupancy authorization is suspended until the day on which the superintendent notifies the person who holds the permit or authorization that it is reinstated.

• Marginal note:Reinstatement

  (3) The superintendent must reinstate a suspended permit or occupancy authorization

  • (a) if the contravention that led to the suspension has been corrected;

  • (b) after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or

  • (c) if proceedings have been instituted, after the person who holds the permit or occupancy authorization has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued.

Marginal note:Revocation

• 19 (1) The superintendent may revoke a permit or occupancy authorization if

  • (a) the superintendent has reasonable grounds to believe that the person who holds the permit or occupancy authorization has provided false or misleading information to the superintendent;

  • (b) the person who holds the permit or occupancy authorization is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit or occupancy authorization; or

  • (c) the permit or occupancy authorization has been suspended twice during the period for which it was issued, other than in any case where it was subsequently reinstated under paragraph 18(3)(b) or (c).

• Marginal note:Conditions

  (2) The superintendent must not revoke a permit or occupancy authorization under paragraph (1)(a) unless the superintendent has given the holder of the permit or authorization written reasons and an opportunity to be heard, by written representation, in respect of the proposed revocation.

Notice of Superintendent’s Decision

Marginal note:Notice

20 If the superintendent refuses to issue, amend or renew a permit or refuses to issue an occupancy authorization, or suspends or revokes a permit or occupancy authorization, the superintendent must provide notice in writing of their decision, including the reasons, to the applicant or to the holder of the permit or authorization, as the case may be.

Review of Superintendent’s Decision

Marginal note:Request for review

• 21 (1) Any person whose application for the issuance, amendment or renewal of a permit has been refused or whose permit has been suspended or revoked by the superintendent may request a review of the superintendent’s decision no later than the 30th day after the day on which they receive the notice referred to in section 20. The request must be submitted in writing to the Chief Executive Officer and include the reasons for the request.

• Marginal note:Decision of Chief Executive Officer

  (2) The Chief Executive Officer must direct the superintendent to issue or reinstate the permit if, after carrying out the review, the Chief Executive Officer reaches a decision that differs from the superintendent’s decision with respect to

  • (a) in the case of a refusal to issue, amend or renew a permit, the requirements and matters to be considered under section 11; and

  • (b) in the case of a suspension or revocation of a permit, the reasons set out in section 18 or 19.

• Marginal note:Conformity with codes

  (3) A decision of the superintendent is not reviewable by the Chief Executive Officer under this section if it is with respect to the conformity of a structure with any building, fire, plumbing, electrical or energy efficiency code that applies in the province where the project is carried out or that is published by the National Research Council of Canada or by the Canadian Standards Association.

• Marginal note:Notice of decision

  (4) The Chief Executive Officer must provide written notice of their decision, including the reasons, to the person who requested the review.

Maintenance Standards and Other Requirements

Marginal note:Maintenance

22 Every person who has a land use agreement for a parcel must ensure that any structure located on the parcel is maintained in good repair, including by ensuring that

• (a) the structure is maintained in a structurally sound condition, capable of safely sustaining its own weight and any load to which it may be subject;

• (b) materials that have been damaged or that show evidence of rot or other deterioration are repaired or replaced;

• (c) exterior walls are maintained to prevent deterioration due to weather, rot or insects, including by painting, restoring or repairing the walls, coping and flashing and by weatherproofing joints;

• (d) the roof, including its fascia board, soffit, cornice and flashing, is maintained in a watertight condition to prevent leakage of water into the structure;

• (e) rotted or damaged doors, door frames, window frames, sashes and casings, broken glass and missing or defective door and window hardware are repaired or replaced;

• (f) outside stairs, porches, patios and decks are maintained free from defects that constitute a hazard, and all treads, risers and supporting structural members that are rotted or deteriorated are repaired or replaced;

• (g) all plumbing, drain pipes, water pipes and plumbing fixtures are maintained in good working order and are free from leaks and defects;

• (h) the electrical wiring and all electrical fixtures are maintained in good working order; and

• (i) crawl spaces and areas under porches, landings and decks are securely enclosed to prevent wildlife access.

Marginal note:Appearance

23 Every person who has a land use agreement for a parcel must ensure that the appearance of the parcel, and of any structure located on the parcel, is compatible with the natural characteristics of the park in which it is located and the characteristics of the surrounding area.

Marginal note:Outdoor storage

24 Every person who has a land use agreement for a parcel must ensure that no item is stored outdoors on the parcel other than in a manner that does not detract from the appearance of the parcel and does not interfere with the use and enjoyment of nearby lands.

Marginal note:Application — section 26

25 Section 26 applies in respect of any lands leased or licensed for the purpose of residential occupancy in the following areas:

• (a) the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada;

• (b) the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada;

• (c) the visitor centre of Waskesiu, the Lakeview Resort Subdivision and the Clare Beach Subdivision, located in Prince Albert National Park of Canada, excluding the whole of Blocks 11 to 23, as shown on plan No. 93824 filed in the Canada Lands Surveys Records at Ottawa, a copy of which has been deposited in the Saskatchewan Land Surveys Directory under No. 101942872; and

• (d) the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada, excluding the whole of Block 64, as shown on plan No. 101515 filed in the Canada Lands Surveys Records at Ottawa, a copy of which has been deposited in the Land Titles Office in Neepawa under No. 54045.

Marginal note:Floor area of cottages

• 26 (1) Every person who holds a lease or licence of occupation for a parcel must ensure that the total floor area of all residential buildings located on the parcel does not exceed

  • (a) 130 m², in the case of the visitor centre of Waskesiu, the Lakeview Resort Subdivision and the Clare Beach Subdivision, located in Prince Albert National Park of Canada;

  • (b) 130 m², in the case of the visitor centre of Wasagaming and the Clear Lake Resort Subdivision, located in Riding Mountain National Park of Canada;

  • (c) 150 m², in the case of the visitor centre of Waterton Lakes Park, located in Waterton Lakes National Park of Canada; and

  • (d) 150 m², in the case of the visitor centre of the Lake Edith Resort Subdivision, located in Jasper National Park of Canada.

• Marginal note:Measurement

  (2) For the purposes of subsection (1), the floor area must be measured between the interior faces of the walls for each habitable storey of the building and must include the floor area of any roofed porches and roofed terraces.

Compliance Report

Marginal note:Application

• 27 (1) Any person who has a land use agreement for a parcel may apply for a compliance report in respect of a structure located on the parcel or in respect of the use of the structure or parcel. The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act.

• Marginal note:Issuance

  (2) The superintendent must, on application, issue a compliance report in respect of the conformity of the structure or of the use with the requirements of these Regulations.

• Marginal note:Deemed compliance

  (3) The compliance report must specify any requirement of these Regulations that is deemed to be met with respect to the structure or the use by reason of the application of subsection 45(1) or section 46, as the case may be.

Inspection Powers

Marginal note:Inspection

• 28 (1) Subject to section 30, the superintendent may, at any reasonable time and for the purpose of verifying compliance with the conditions of an authorization or permit or with the provisions of these Regulations, enter any place in a park

  • (a) in order to inspect a project carried out in accordance with an authorization or permit; or

  • (b) if the superintendent believes on reasonable grounds that a project has been, is being or is likely to be carried out in that place without an authorization or permit.

• Marginal note:Duty to assist

  (2) The owner or person in charge of the place, and every person in the place, must give all assistance that is reasonably required for the superintendent to exercise their powers or carry out their duties and functions under subsection (1) and must provide the superintendent with any information that the superintendent may reasonably require for that purpose.

Marginal note:Superintendent’s order

• 29 (1) The superintendent may order the taking of any action in the park that the superintendent considers appropriate to counter a threat to public health or to remedy the consequences of a contravention of these Regulations, including ordering a person to

  • (a) stop work on a project;

  • (b) stop the use or occupation of a structure, in whole or in part; or

  • (c) demolish, remove, repair or replace a structure.

• Marginal note:Taking of action by superintendent

  (2) Subject to section 30, if the action ordered by the superintendent under subsection (1) is not taken, the superintendent may, at any reasonable time and on reasonable notice, enter any place, including any structure, in which the action was to be taken, and may take that action.

Marginal note:Exception — dwelling‑place

30 The superintendent must not enter a dwelling‑place, or any place that is intended to be used and is being used as a permanent or temporary dwelling‑place, unless the superintendent has given notice to the occupant at least 24 hours in advance and obtained their consent to enter.

Subdivision of Lands

Marginal note:Definition of subdivision

31 In sections 32 to 40, subdivision means the division of a parcel into two or more parcels, the consolidation of two or more parcels or an alteration to the boundaries of parcels where they are adjoining.

Marginal note:Application for preliminary approval

• 32 (1) Any person who has a land use agreement may apply to the Minister, in the form approved by the Minister, for the preliminary approval of a subdivision.

• Marginal note:Requirements

  (2) The application must be accompanied by any fee payable in respect of that application under the Parks Canada Agency Act and must include

  • (a) the name of the applicant and their contact information;

  • (b) a description of any project that the applicant proposes to carry out on the land subject to the subdivision, including

    • (i) its location, including the municipal address, if any,

    • (ii) a description of the project site that includes a description of any existing structures and land features, and

    • (iii) an indication of the type of proposed structures, if any, and their proposed uses;

  • (c) information demonstrating that the proposed subdivision is in the interests of the park, having regard to

    • (i) the nature and extent of any proposed project,

    • (ii) the park management plan and, in the case of a park community, the community plan, and

    • (iii) principles of responsible environmental stewardship and heritage conservation; and

  • (d) a description of the proposed subdivision, including

    • (i) a site plan of the existing parcels and a description of their uses,

    • (ii) a site plan of the parcels resulting from the subdivision and a description of their proposed uses, and

    • (iii) information demonstrating that the land subject to the subdivision is suitable for the proposed use.

Marginal note:Pre-application meeting

33 The application for the preliminary approval of a subdivision may be submitted only after the applicant has consulted with the superintendent with respect to the land use planning process.

Marginal note:Public consultation

34 The superintendent may consult with the public with respect to an application for the preliminary approval of a subdivision.

Marginal note:Consultation with Indigenous peoples

35 If a proposed subdivision has any potential impact on the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, the superintendent must consult with the Indigenous peoples who may be affected before making a decision in respect of the preliminary approval of the subdivision.

Marginal note:Preliminary approval

36 The Minister may grant a preliminary approval for a subdivision if

• (a) each parcel that results from the subdivision has direct access to a public roadway;

• (b) any proposed project referred to in paragraph 32(2)(b) is in conformity with the provisions of the Act and these Regulations; and

• (c) the subdivision is in the interests of the park, having regard to

  • (i) the nature and extent of any proposed project referred to in paragraph 32(2)(b),

  • (ii) the park management plan and, in the case of a park community, the community plan, and

  • (iii) principles of responsible environmental stewardship and heritage conservation.