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C.C.S.M. c. P20
The Provincial Parks Act
|Table of Contents|
(Assented to July 27, 1993)
WHEREAS provincial parks are special places that play an important role in the protection of natural lands and the quality of life of Manitobans;
WHEREAS existing and future provincial parks should be managed in a manner consistent with the principles of sustainable development so that representative examples of diverse natural and cultural heritage are conserved and appropriate economic opportunities are provided;
AND WHEREAS a system of provincial parks will contribute to the province's goal of protecting 12% of its natural regions;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"Crown lands" means Crown lands as defined in The Crown Lands Act; (« terres domaniales »)
"director" means a person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)
"land use category" means a land use category described in subsection 7(3); (« catégorie d'utilisation des terres »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"natural region" means an area of land in the province in which the land has similar physical and natural characteristics including, climate, geology, landforms, landscapes, soils, plants and animals; (« région naturelle »)
"officer" means an officer appointed under subsection 23(1); (« agent »)
"park district" means a park district established by regulation under subsection 18(1); (« district de parcs »)
"provincial park" means land designated as a provincial park by regulation under section 7; (« parc provincial »)
"regulations" means the regulations made under this Act; (« règlements »)
"vehicle" means a device in or upon or by which a person or thing may be transported, including a boat and an aircraft, but not including a wheelchair. (« véhicule »)
This Act and the regulations apply to
(a) private land and Crown lands in provincial parks, except when this Act or the regulations state otherwise;
(b) highways in provincial parks as highway is defined in The Highway Traffic Act, other than provincial roads and provincial trunk highways; and
(c) rights-of-way of any public utility in provincial parks, as public utility is defined in The Public Utilities Board Act.
This Act binds the Crown.
DEDICATION AND PURPOSE OF PROVINCIAL PARKS
Provincial parks are dedicated to the people of Manitoba and visitors to Manitoba, and shall be maintained for the benefit of future generations in accordance with this Act and the regulations.
In accordance with park classifications and land use categories, the purposes of a provincial park system include the following:
(a) to conserve ecosystems and maintain biodiversity;
(b) to preserve unique and representative natural, cultural and heritage resources;
(c) to provide outdoor recreational and educational opportunities and experiences in a natural setting.
DESIGNATION AND MANAGEMENT OF PROVINCIAL PARKS
On the coming into force of this Act, the minister shall develop a system plan for the management of provincial parks.
The system plan shall set out the proposed boundaries, classifications and land use categories of provincial parks and may contain any other information that the minister considers appropriate.
The Lieutenant Governor in Council may, by regulation, designate land as provincial parks.
A regulation under subsection (1) shall give each provincial park a name and classify it as one of the following types:
(a) a wilderness park, if the main purpose of the designation is to preserve representative areas of a natural region;
(b) a natural park, if the main purpose of the designation is both to preserve areas of a natural region and to accommodate a diversity of recreational opportunities and resource uses;
(c) a recreation park, if the main purpose of the designation is to provide recreational opportunities;
(d) a heritage park, if the main purpose of the designation is to preserve an area of land containing a resource or resources of cultural or heritage value;
(e) any other type of provincial park that may be specified in the regulation.
A regulation under subsection (1) shall further categorize the land in a provincial park into one or more of the following land use categories:
(a) a wilderness category, if the main purpose of the categorization is to protect representative or unique natural landscapes in an undisturbed state and provide recreational opportunities that depend on a pristine environment;
(b) a backcountry category, if the main purpose of the categorization is to protect examples of natural landscapes and provide basic facilities and trails for nature-oriented recreation in a largely undisturbed environment;
(c) a resource management category, if the main purpose of the categorization is to permit commercial resource development or extraction in a manner that does not compromise the main purpose of the park classification as described in subsection (2);
(d) a recreational development category, if the main purpose of the categorization is to accommodate recreational development;
(e) a heritage category, if the main purpose of the categorization is to protect a unique or representative site containing a resource or resources of cultural or heritage value;
(f) an access category, if the main purpose of the categorization is to provide a point or route of access in a provincial park or a location for a lodge and associated facilities;
(g) any other category that may be specified in the regulation.
Land in a wilderness park may be categorized only in the wilderness, heritage or access land use categories.
In a wilderness park or in an area of any other provincial park that is categorized in the wilderness, backcountry or heritage land use categories, no person shall engage in
(a) mining or the development of oil, petroleum, natural gas or hydro-electric power; or
(b) any other activity specified in a regulation made under clause 32(g).
Logging in provincial parks is prohibited in accordance with section 15.1 of The Forest Act.
The Lieutenant Governor in Council may, by regulation,
(a) designate Crown lands as a park reserve for a period of six months, during which time public consultation must take place under section 9; and
(b) declare any provision of this Act or the regulations to apply to the park reserve during the six-month period.
After consultation takes place, the Lieutenant Governor in Council may, by regulation,
(a) renew the designation made under subsection (1) for a further period of five years; and
(b) declare any provision of this Act or the regulations to apply to the park reserve during that period.
A designation made under subsection (2) may be of the same Crown lands that were designated in the initial six-month period, or may include other Crown lands or exclude some of the Crown lands initially designated.
Before a regulation is made under section 7 or subsection 8(2), the minister shall provide an opportunity for public consultation and shall seek advice about proposed regulations.
If an assessment is required under The Environment Act for a development in a provincial park and the development cannot be carried out without a regulation also being made under section 7 of this Act, the minister may determine that the assessment under The Environment Act is an appropriate substitute for public consultation under subsection (1), in which case public consultation is not required under this section.
The minister may make regulations
(a) establishing zones within land use categories in provincial parks;
(b) respecting the protection, use, development and subdivision of land and water in provincial parks for any purpose described in the regulations including, but not limited to, recreational, residential, commercial and resource management purposes; and
(c) respecting the conditions under which buildings or other structures may be erected and the design, location, standards and specifications of those buildings and structures.
A regulation under subsection (1) may be made to apply
(a) to all provincial parks or to specified provincial parks or classes of parks; or
(b) to specified areas of provincial parks, including zones and areas of land categorized into land use categories.
The minister shall develop a management plan for each provincial park that describes zones established in the provincial park under section 10 and deals with resource protection, use, development and any other matter the minister considers appropriate.
PARK LANDS ADMINISTRATION
Acquisition, Disposition and Occupation of Land
The minister may, with the approval of the Lieutenant Governor in Council, acquire land for provincial parks by purchase, lease, exchange, expropriation, gift or otherwise.
The Expropriation Act applies when land is acquired for a provincial park by expropriation.
The Lieutenant Governor in Council may, by regulation, withdraw land that is designated as a provincial park from a municipality, local government district, school division, school district or other local government area.
Crown lands in a provincial park shall not be sold or, except as otherwise provided in this Act, disposed of in any other way.
No person shall use or occupy Crown lands in a provincial park except under the authority of this Act or the regulations.
The minister may grant leases and permits for the occupation of Crown lands in provincial parks in accordance with the regulations.
A lease or permit is subject to any terms and conditions that the minister may impose on it, and no person shall fail to comply with a term or condition that has been imposed.
A lease or permit cannot be transferred to another person without the consent of the minister.
Except in accordance with the regulations, no owner or occupier of land in a provincial park shall
(a) construct, erect or place a building or excavation or other operation on, over or under the land; or
(b) change the use or intensity of use of the land, a building or premises.
The application of subsection (1) to an owner or occupier of land in a provincial park shall not constitute loss or deprivation of property or a taking of property by the government for which compensation is payable.
Park Districts: Service Fees
The Lieutenant Governor in Council may, by regulation, designate provincial parks, or areas of provincial parks, as park districts.
When a park district is established under subsection (1), the minister shall provide an opportunity for owners and occupiers of land in the park district to review the level and the cost of providing services in that district and the service fee that should be charged for providing those services.
Each year the minister shall prepare an estimate of the costs, whether direct or indirect, that will be incurred in the next fiscal year in respect of each park district, which shall include, but need not be limited to,
(a) amounts required to operate and maintain services including utilities, water supply, sewage disposal, garbage removal, emergency services, highways and streets, street-lighting, sidewalks, and other similar services, works and improvements;
(b) amounts required for capital expenditures that fall due during the year relating to matters referred to in clause (a); and
(c) amounts required to defray the costs of administrative and other services provided to the park district or to defray the administrative costs of the park district.
The Lieutenant Governor in Council may make regulations
(a) respecting the service fees payable by owners and occupiers of land in any park district for services provided to owners and occupiers of land in that district; and
(b) prescribing the rate of interest payable on any amount in arrears under clause (a) and the method of calculating the interest.
A regulation under subsection (1) may set different service fees for each park district or area of a park district.
A regulation under this section may provide for service fees that take into account any deficit or surplus in the operation of the park district for any previous fiscal year.
Financial statements of the operations of each park district shall be maintained for the review of any owner or occupier of land in the park district.
Chief Place of Residence Levy
When a building on land in a provincial park is occupied by the owner or occupier of that land as his or her chief place of residence, the owner or occupier of the land shall pay to the minister the levy prescribed in the regulations under subsection (2).
The Lieutenant Governor in Council may make regulations
(a) prescribing the amount of the levy described in subsection (1) and determining the time and manner in which it must be paid;
(b) prescribing the rate of interest payable on any amount in arrears under clause (a) and the method of calculating the interest;
(c) governing the manner in which a person's chief place of residence is to be determined;
(d) requiring owners and occupiers to provide the minister with any information that the regulations may specify respecting occupation of land in provincial parks;
(e) respecting any matter necessary or advisable to carry out effectively the purpose of this section.
A levy prescribed by regulation under this section need not be related to the cost to the government of providing services or defraying expenses.
Certificate of Debt and Lien
The minister may issue a certificate in a form prescribed in the regulations showing the name and address of any person who is liable to pay and has not paid a fee or levy imposed in respect of private land under this Act or under The Provincial Park Lands Act, R.S.M. 1987, c. P20, and the certificate shall certify the amount of the debt and the legal description of the land in respect of which it is payable.
The minister may register the certificate in the land titles office of the appropriate land titles district, and from the time of registration the certificate is a lien for the certified amount in favour of the government against the land described in the certificate.
A certificate shall be registered on its mere production, without an affidavit of execution, and the lien may be realized in the same manner as if it were a mortgage on the land executed by the owner.
A lien created under this section may be discharged by the registration in the appropriate land titles office of a discharge executed by the minister.
The minister may appoint officers for the purpose of this Act and the regulations.
An officer is a peace officer and is entitled to the protection provided by law to peace officers.
The protection given to an officer by this Act extends to any other person who is assisting an officer under the officer's direction.
For the purpose of administering this Act and the regulations, an officer may,
(a) at any reasonable time, enter on and inspect any land, road, work, or structure, other than a dwelling, in a provincial park;
(b) order the repair, alteration, improvement, evacuation, or removal of or addition to any unauthorized structure or work, in a provincial park;
(c) order a person in a provincial park to cease or refrain from any action, omission or conduct that is dangerous to life or property or detrimental to the use and enjoyment of the provincial park by other persons;
(d) signal or request a person driving a vehicle in a provincial park to stop;
(e) remove from a provincial park
(i) a person making unauthorized use of the provincial park,
(ii) a person failing to comply with this Act or the regulations, or
(iii) a person creating a nuisance or disturbance or committing a trespass.
If a person fails to comply with an order to repair, alter or remove an unauthorized structure or work under clause (1)(b), an officer may carry out the repair, alteration or removal and the cost of doing so may be recovered by the government by action.
A person who fails to comply with an order under clause (1)(b) or (c) is guilty of an offence.
A person who is signalled or requested to stop a vehicle under clause (1)(d) shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the officer.
A person who is removed from a provincial park under clause (1)(e) shall not
(a) re-enter or attempt to re-enter the provincial park; or
(b) enter or attempt to enter any other provincial park;
until at least 48 hours after the removal.
If a vehicle or other thing
(a) is abandoned;
(b) remains in an area after the authorization to be in that area has expired; or
(c) is located in a prohibited area;
an officer may remove, store and dispose of the vehicle or thing in accordance with the regulations and the cost of doing so may be recovered by the government by action.
An officer who discovers an offence being committed under this Act or the regulations may seize a vehicle, equipment or other thing that is being used to commit the offence or that is evidence of the offence and may bring it before a justice, or report on it to a justice, to be dealt with according to law.
When a justice is satisfied by information on oath that there are reasonable grounds to believe that
(a) an offence is being committed or has been committed under this Act or the regulations; and
(b) a record, document, equipment or other thing that affords evidence of the offence is to be found in
(i) a building, structure, receptacle or other place, or
(ii) a vehicle;
the justice may issue a warrant authorizing an officer, together with any other person named in the warrant, to enter and search the place or vehicle for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.
When an officer believes on reasonable grounds that
(a) an offence is being committed or has been committed under this Act or the regulations; and
(b) there is to be found in any vehicle a record, document, equipment or other thing that affords evidence of the offence;
and it is not practicable in the circumstances to obtain a warrant under subsection (2), the officer may, without a warrant, search the vehicle for the thing and may seize and bring the thing before a justice, or report on it to a justice, to be dealt with according to law.
A vehicle seized under section 25 shall be turned over to the person lawfully entitled to possess it when proceedings under this Act or the regulations have been finally resolved, or at an earlier time if the vehicle is no longer required for those proceedings.
A person claiming to be lawfully entitled to possess a vehicle seized under section 25 may, on giving the minister 14 days notice, apply to a justice for an order that it be returned to him or her.
On hearing an application under subsection (2), the justice may order the seized vehicle to be returned to the applicant on any conditions the justice considers appropriate, if the justice is satisfied that
(a) the applicant is lawfully entitled to possess the vehicle; and
(b) appropriate arrangements have been or will be made to ensure that returning the vehicle to the applicant will not interfere with the disposition of proceedings under this Act or the regulations.
When proceedings under this Act or the regulations have been finally resolved relating to any thing seized under section 25, other than a vehicle,
(a) if the accused is convicted, the convicting justice may order the thing forfeited to the Crown to be disposed of as an officer directs; and
(b) if the accused is acquitted or the prosecution does not proceed, the thing must be turned over to the person lawfully entitled to possess it.
If, for six months or more after any thing is seized under section 25, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable efforts, the thing becomes the property of the Crown and may be disposed of as an officer directs.
The director may, by posting signs or by other suitable means,
(a) open or close all or part of a provincial park; or
(b) restrict travel on or close any road or trail in a provincial park that is not under the control of the Minister of Transportation and Government Services.
No person shall enter or remain in a provincial park or part of a provincial park that is closed under subsection (1), or travel on a road or trail that is closed or on which travel is restricted under that subsection.
The Crown has a right of action against a person who wilfully or negligently destroys or damages Crown property or land in a provincial park, and the Crown may recover damages from the person for any costs that the government expends to repair or replace the property or to rehabilitate the land to a condition acceptable to the minister.
The minister may appoint advisory committees to provide advice and recommendations to the minister concerning the administration of one or more provincial parks.
The minister may determine the terms of reference and the procedures of advisory committees.
The minister may delegate to the director or any other person any duty or power conferred or imposed on the minister under this Act or the regulations, except the power to make regulations.
A person who contravenes a provision of this Act or the regulations is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000. or imprisonment for a term of not more than six months, or both a fine and imprisonment.
When a contravention of this Act or the regulations continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.
A prosecution under this Act or the regulations may be commenced not later than one year after the commission of the alleged offence.
The Lieutenant Governor in Council may, in respect of provincial parks, make regulations
(a) for the preservation, protection, control and management of provincial parks;
(b) respecting leases and permits for the occupation of Crown lands;
(c) respecting fees or other charges payable in respect of leases and permits for the occupation of Crown lands and prescribing a rate of interest payable on any amount in arrears and the method of calculating the interest;
(d) respecting service fees payable by owners and occupiers of land that is not in a park district, and prescribing the rate of interest payable on any amount in arrears and the method of calculating the interest;
(e) respecting fees or other charges payable for the carrying on of activities or for the use or provision of any goods, services or facilities under this Act;
(f) governing the collection of fees that are in arrears under this Act or the regulations and the manner in which payment may be enforced;
(g) for the purpose of clause 7(5)(b), specifying activities that cannot be undertaken in a wilderness park or an area of any other provincial park that is categorized in the wilderness, backcountry or heritage land use categories;
(h) respecting the rehabilitation of areas in provincial parks that have been disturbed by development activities and requiring the posting of security to ensure that rehabilitation is carried out;
(i) authorizing agreements respecting the provision of services and the operation and maintenance of facilities;
(j) defining any word or expression used in this Act but not specifically defined;
(k) respecting any matter necessary or advisable to carry out effectively the purpose of this Act.
The minister may, in respect of provincial parks, make regulations
(a) respecting public safety and security and the preservation of order;
(b) controlling noise, unruly behaviour and nuisances;
(c) respecting health and sanitation;
(d) respecting the protection of soils, waters, fossils, natural features, air quality and cultural, historical and archaeological resources;
(e) respecting the protection of flora and fauna, the taking of specimens of flora and fauna for scientific or propagation purposes, and the destruction or removal of dangerous or superabundant flora and fauna;
(f) respecting the use of vehicles and respecting vehicular, pedestrian and other traffic;
(g) respecting the removal, storage and disposal of abandoned and unauthorized vehicles and things for the purpose of subsection 24(6);
(h) respecting the use of roads, trails and public facilities;
(i) governing the prohibition and regulation of activities in provincial parks by the posting of signs and notices;
(j) prescribing the minimum and maximum periods of stay of persons, vehicles and other conveyances, and equipment;
(k) prohibiting or regulating the erection, posting or other display of notices, signs, signboards and advertising devices;
(l) prohibiting or regulating the use, setting out and extinguishing of fires;
(m) respecting the prevention of fire;
(n) respecting public beaches, shoreline, swimming, boating and other uses of water;
(o) prohibiting or regulating the use or keeping of horses, dogs and other animals;
(p) prohibiting or regulating firearms, explosives, weapons and fireworks;
(q) respecting the issue of permits for entry to and travel in provincial parks;
(r) respecting activities in provincial parks and the issuance, terms and conditions, renewal and cancellation of licences and permits for activities;
(s) prohibiting or regulating commercial activities;
(t) respecting the removal and use of resources in provincial parks and prescribing restrictions and conditions respecting the removal and use of resources that are in addition to the provisions of The Forest Act, The Wildlife Act, The Mines and Minerals Act and any other Act of the Legislature;
(u) prescribing a form of certificate for the purpose of subsection 22(1).
A regulation made under this Act may be made to apply to all provincial parks or to specified provincial parks or specified areas of provincial parks.
Land that is designated or categorized for any purpose by regulation under this Act is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.
The designations of provincial parks made by the Provincial Park Lands Designation Regulation, Manitoba Regulation 30/91, continue in force under this Act and are deemed to meet all of the requirements for enactment under this Act until repealed or replaced by regulations made under section 7.
NOTE: These sections contained consequential amendments to other Acts, which amendments are now included in those Acts.
The Provincial Park Lands Act, R.S.M. 1987, c. P20, is repealed.
This Act may be cited as The Provincial Parks Act and referred to as chapter P20 of the Continuing Consolidation of the Statutes of Manitoba.
This Act, except section 40, comes into force on a day fixed by proclamation.
Section 40 comes into force on the day this Act receives royal assent.
NOTE: S.M. 1993, c. 39, except section 40, was proclaimed in force August 3, 1996.