Territorial Parks Act

Consolidated act

Citation: R.S.N.W.T. 1988, c.T-4
Source: Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.1 amended by S.N.W.T. 2003,c.8,s.2
s.1 amended by Protected Areas Act
s.3 amended by Protected Areas Act
s.4 amended by S.N.W.T. 2003, c.8,s.3
s.5 amended by S.N.W.T. 2003,c.8,s.3
s.5 amended by Protected Areas Act
s.6 amended by S.N.W.T. 2003, c.8,s.4(1)
s.8 amended by S.N.W.T. 1995,c.11,s.61
s.9.1 amended by An Act to Amend the Territorial Parks Act
s.9.1 amended by Protected Areas Act
s.9.2 amended by An Act To Amend The Territorial Parks Act
s.12 amended by S.N.W.T. 2003, c.8, s.5
s.13 amended by S.N.W.T. 2003,c.8,s.6
s.13 amended by An Act to Amend the Territorial Parks Act
s.14 amended by An Act to Amend the Territorial Parks Act
s.14 amended by An Act To Amend The Territorial Parks Act
s.14 amended by Miscellaneous Statute Law Amendment Act, 2017
s.14.1 amended by An Act to Amend the Territorial Parks Act
s.14.1 amended by Protected Areas Act
s.15 amended by S.N.W.T. 1995,c.11,s.61
s.15 amended by S.N.W.T. 2003,c.8,s.7
s.15 amended by An Act to Amend the Territorial Parks Act
s.15 amended by An Act To Amend The Territorial Parks Act

Cites

Cited by

Protected Areas Act, s.99
Protected Areas Act, s.100
Smoking Control and Reduction Regulations, s.1 → #sec_1
Smoking Control and Reduction Regulations, s.1
Summary Conviction Procedures Regulations, s.2 → #sec_7__subsec_1
Territorial Parks Regulations, s.1
Territorial Parks Regulations, s.19 → #sec_11
Territorial Parks Regulations, s.31.3 → #sec_9.1
Territorial Parks Regulations, s.31.4 → #sec_9.1
Territorial Parks Regulations, s.31.4 → #sec_14.1
Territorial Parks Regulations, s.35 → #sec_6
Territorial Parks Regulations, s.form_4
Territorial Parks Regulations, s.form_4

Contents

1. Definitions 2. Application 3. Classification of parks 4. Consultation 5. Establishment of parks on recommenda- tion 6. Agreements with persons and municipalities 7. Superinten- dent 8. Park use permits 9. Cancellation of permit 9.1. Prohibition orders 9.2. Orders respecting fires 10. Power of Superinten- dent where contravention 11. Powers of park officer 12. Prohibitions 13. Other prohibitions 14. Offence and punishment 14.1. Additional order 15. Regulations

Regulations

Recreation Parks and Heritage Parks Regulations Territorial Parks Regulations Wayside Parks Regulations

INTERPRETATION

Definitions

In this Act,

"Cultural Conservation Area" means a park referred to in paragraph 3(1)(a); (aire de préservation de la valeur culturelle)

"Heritage Park" means a park referred to in paragraph 3(1)(b); (parc du patrimoine)

"industrial activity" includes the harvesting of timber resources, any activity in respect of a mine or minerals, and any activity in respect of an energy resource such as oil, gas or water; (activité industrielle)

"park officer" means a park officer appointed under subsection 7(3); (agent des parcs)

"park use permit" means a permit issued under subsection 8(1); (permis d'utilisation)

"Recreation Park" means a park referred to in paragraph 3(1)(d); (parc de récréation)

"Superintendent" means the Superintendent of Parks appointed under subsection 7(1); (directeur)

"Territorial Park" means an area in the Northwest Territories established or re-designated as a park under section 5; (parc territorial)

"Wayside Park" means a park referred to in paragraph 3(1)(e). (parc routier) S.N.W.T. 2003,c.8,s.2; S.N.W.T. 2019,c.11,s.99(2).

APPLICATION

Application

This Act does not restrict or prohibit in a Territorial Park

(a) an Indian or Inuk from hunting or fishing for food; or

(b) the holder of a general hunting licence issued under the Wildlife Act from exercising his or her rights under that licence.

Classification of parks

(1) A Territorial Park may be established under section 5 if it falls within one of the following classifications:

(a) Cultural Conservation Areas to protect culturally significant sites or landscapes;

(b) Heritage Parks to preserve and protect significant cultural or historical

(i) natural areas,

(ii) physical features, or

(iii) built environments;

(d) Recreation Parks to encourage an appreciation for the natural environment or to provide for recreational activities;

(e) Wayside Parks to provide for the enjoyment or convenience of the travelling public.

(f) Repealed, S.N.W.T. 2019,c.11,s.99(3).

Restriction on development

(2) The development of a Territorial Park must be directed and restricted, in accordance with its classification, to the purposes set out in subsections (3) to (8).

Development: Cultural Conservation Area

(3) A Cultural Conservation Area may be developed to protect the culturally significant site or landscape, and industrial activity may be prohibited.

Development: Heritage Park

(4) A Heritage Park may be developed to provide service infrastructure and facilities for interpretation and recreation, and may permit a business or commercial enterprise to provide services and activities that are related to, and compatible with, the Heritage Park.

(5) Repealed, S.N.W.T. 2019,c.11,s.99(4).

Development: Recreation Park

(6) A Recreation Park may be developed to provide service infrastructure and facilities for interpretation and recreation, and may permit a business or commercial enterprise to provide services and activities that are related to the Recreation Park and compatible with the natural park environment.

Development: Wayside Park

(7) A Wayside Park may be developed to provide basic infrastructure and information for the enjoyment or convenience of the traveling public. S.N.W.T. 2003,c.8,s.3; S.N.W.T. 2011,c.16,s.26(2); S.N.W.T. 2019,c.11,s.99(4).

(8) Repealed, S.N.W.T. 2019,c.11,s.99(4).

Consultation

Before establishing a park, changing the boundaries of a park or repealing a regulation that establishes a park, the Minister shall consult with the bodies that might be affected, or whose interests might be affected, by the establishment, change or repeal, including the following:

(a) an aboriginal government or organization;

(b) a board or similar body that is established under a land claims agreement in effect in the Northwest Territories;

S.N.W.T. 2003, c.8,s.3

Establishment of parks on recommenda- tion

(1) The Minister may, on the recommendation of the Legislative Assembly, by regulation, establish a Cultural Conservation Area, a Heritage Park or a Recreation Park.

Establishment of Wayside Park

(2) The Minister may, by regulation, establish a Wayside Park.

Naming of parks

(3) A park established under this section may be given a name by the Minister that reflects local culture and heritage.

(4) Repealed, S.N.W.T. 2019,c.11,s.99(6).

Land claims agreements

(5) A park established under this section is subject to the terms and conditions of any relevant land claims agreement in effect in the Northwest Territories. S.N.W.T. 2003,c.8,s.3; S.N.W.T. 2019, c.11,s.99(5),(6),(7).

Agreements with persons and municipalities

(1) The Minister may enter into agreements with persons, sole proprietorships, societies, associations, partnerships, municipalities or other bodies to operate and maintain Territorial Parks.

Agreements with province or territory

(2) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with the government of a province or territory relating to

(a) the use, development, operation and maintenance of parks in the Northwest Territories; or

(b) other matters concerning parks in the Northwest Territories.

Agreements with the Government of Canada

(3) The Minister and the Commissioner may, on behalf of the Government of the Northwest Territories, enter into agreements with the Government of Canada relating to

(a) the use, development, operation and maintenance of parks in the Northwest Territories; or

(b) other matters concerning parks in the Northwest Territories.

S.N.W.T. 2003, c.8,s.4(1).

Superinten- dent

(1) The Minister may appoint a Superintendent of Parks.

Duties of Superinten- dent

(2) The Superintendent is responsible for the administration and enforcement of this Act and the regulations in a Territorial Park.

Park officers

(3) The Minister may appoint park officers to assist in the administration and enforcement of this Act and the regulations in a Territorial Park.

Park use permits

(1) Subject to this Act and the regulations, the Superintendent or a person designated in writing by the Superintendent may, on application in the prescribed form and on payment of the prescribed fee, issue a park use permit on the terms and conditions that the Superintendent or the person designated by the Superintendent in writing specifies, authorizing a person to

(a) occupy or use the surface of any land in a Territorial Park;

(b) establish, conduct or engage in a business, commercial enterprise or industrial activity in a Territorial Park;

(d) conduct or engage in scientific research on the condition that the applicant holds a licence issued under the Scientists Act.

Duration of permit

(2) A park use permit is valid for the period of time specified in the permit and is not transferable.

Form of permit

(3) A park use permit must be in the prescribed form. S.N.W.T. 1995,c.11,s.61.

Cancellation of permit

The Superintendent may cancel a park use permit where the holder of the permit contravenes this Act, the regulations or the terms and conditions contained in the permit.

Prohibition orders

9.1.

(1) Subject to this section and the regulations, the Superintendent may issue a written order prohibiting a person from entering or being within any Wayside Park or any Recreation Park that contains a public campground, if the person

(a) has been charged with an offence under this Act or the regulations that relates to

(i) a matter of public safety, or

(ii) damage to the natural environment of a Territorial Park; or

(b) has failed to pay a fine issued to him or her under this Act or the regulations within 30 days.

Duration of prohibition order

(2) A prohibition order issued under subsection (1) is in effect until the earliest of the following occurs:

(a) the specified period of the prohibition order, if any, expires;

(b) the prohibition order is set aside on an appeal made in accordance with the regulations;

(c) the charge relied on by the Superintendent in issuing the prohibition order is dismissed, withdrawn or receives its final disposition;

(d) the fine relied on by the Superintendent in issuing the prohibition order is paid in full or is discharged under a fine option program.

S.N.W.T. 2011,c.32,s.2; S.N.W.T. 2019,c.11,s.99(8).

Orders respecting fires

9.2.

Subject to this Act and the regulations, the Superintendent may issue a written order respecting the setting, use and extinguishment of fires in a Territorial Park or any part of a Territorial Park. S.N.W.T. 2013,c.8,s.2.

Power of Superinten- dent where contravention

10.

(1) Where a building, structure, fixture, sign or means of access is located or erected in contravention of this Act, the regulations or the terms and conditions contained in a park use permit, the Superintendent may, by notice, require the owner of the building, structure, fixture, sign or means of access to move, remove or alter it as specified in the notice within

(a) the time specified in the permit;

(b) an extension of time specified in the permit; or

Notice

(2) A notice under subsection (1) must be in writing and served on the owner personally or by mail.

Powers of park officer

11.

(1) A park officer may, at any reasonable time of day or night,

(a) enter on and inspect land or a road, structure, building or works in a park;

(b) make the necessary examination and inquiry to ascertain if a person in a park

(i) is complying with this Act, the regulations or the terms and conditions contained in a park use permit, or

(ii) has in his or her possession a park use permit in parks where park use permits are required by the regulations; or

(i) is dangerous to life or property,

(ii) interferes unduly with the enjoyment of the park by others, or

(iii) alters or damages the natural environment in the park.

Additional powers

(2) A park officer has the powers of a peace officer for the purposes of enforcing this Act and the regulations.

OFFENCES AND PUNISHMENT

Prohibitions

12.

Notwithstanding any other Act, but subject to any Act of Canada, no person shall

(a) establish, engage in or conduct a business, commercial enterprise or industrial activity,

(b) acquire a surface right or the right to use or occupy the surface of any land,

(d) have in his or her possession or explode or discharge an explosive device, firearm, spring gun, bow or device that fires or propels projectiles, or

(e) construct, alter or move a building, structure, fixture, sign or means of access,

in a Territorial Park except under the authority of the regulations or a park use permit. S.N.W.T. 2003, c.8, s.5.

Other prohibitions

13.

(1) Subject to the regulations, no person shall, in a Territorial Park,

(a) damage or destroy a natural feature, or damage or remove a building, furnishing or equipment;

(b) deposit or leave garbage, sewage, refuse or any noxious material;

(d) permit horses or other domesticated livestock to roam at large; or

(e) operate a motor vehicle, except in an area designated for that purpose.

Definition: "motor vehicle"

(2) In paragraph (1)(e), "motor vehicle" means a vehicle propelled or driven by power other than muscular power. S.N.W.T. 2003,c.8,s.6; S.N.W.T. 2011,c.32,s.3.

Offence and punishment

14.

(1) Every person who contravenes this Act, the regulations, a park use permit or an order of a park officer is guilty of an offence and liable on summary conviction,

(a) for a first offence, to a fine not exceeding $500 or to imprisonment for a term not exceeding 30 days or to both; and

(b) for a subsequent offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both.

Liability of registered owner

(2) The person named in a certificate of registration for a motor vehicle or, if there is no valid certificate of registration for the motor vehicle, the owner of the motor vehicle that is parked in contravention of this Act, or of the regulations or of a park use permit, is liable for the contravention.

Defence

(3) In a prosecution under subsection (2), the accused shall be found not guilty if the accused proves that at the time of the offence the motor vehicle was not parked by the accused or by any person with the accused’s express or implied consent. S.N.W.T. 2006,c.14,s.2; S.N.W.T. 2013,c.8,s.3; S.N.W.T. 2017,c.20,s.13.

Additional order

14.1.

A court that convicts a person of an offence that relates to a matter of public safety or to damage to the natural environment of a Territorial Park may, in addition to any other penalty imposed, make an order on terms the court considers appropriate prohibiting the person from entering or being within any Wayside Park or any Recreation Park that contains a public campground. S.N.W.T. 2011,c.32,s.4; S.N.W.T. 2019, c.11,s.99(9).

REGULATIONS

Regulations

15.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting the form of park use permits and applications for park use permits;

(b) prescribing fees for park use permits;

(d) governing the operation and use of public campgrounds, picnic areas and other public facilities in a Territorial Park;

(e) respecting prohibition orders issued by the Superintendent under section 9.1, including the process for issuing an order and for appeals;

(f) respecting the issuance by the Superintendent of temporary prohibitions or restrictions on the possession and consumption of alcohol in a Territorial Park or part of a Territorial Park;

(g) respecting activities in a Territorial Park or part of a Territorial Park including but not limited to the following:

(i) prohibiting or regulating the setting, use and extinguishing of fires,

(ii) restrictions on the possession of an animal,

(iii) the operation and use of a motor vehicle or a certain type of motor vehicle;

(h) prescribing specifications for the construction of buildings or other structures in a Territorial Park;

(i) respecting standards to be observed in the conduct of a business in a Territorial Park; and

(j) that the Commissioner considers necessary for the carrying out of the purposes and provisions of this Act.

S.N.W.T. 1995,c.11,s.61; S.N.W.T. 2003,c.8,s.7; S.N.W.T. 2011,c.32,s.5; S.N.W.T. 2013,c.8,s.4.