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The Provincial Park Lands Act
This is an unofficial archived version of The Provincial Park Lands Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. P20

The Provincial Park Lands Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"officer" includes

(a) the minister, the deputy to the minister, the assistant to the deputy to the minister,

(b) any person designated by the minister as an officer, whether or not he is employed under the minister in the administration of provincial park lands; ("agent")

"provincial park lands" means lands designated as provincial park lands under this Act. ("parc provincial")

System of provincial park lands.

2(1)

The government shall establish, develop and maintain a system of provincial park lands.

Dedication of provincial park lands.

2(2)

Provincial park lands are dedicated to the people of Manitoba and visitors to Manitoba, and may be used by them for healthful enjoyment, and for the cultural, educational and social benefits that may be derived therefrom.

Development of provincial park lands.

2(3)

Provincial park lands shall be developed and maintained

(a) for the conservation and management of flora and fauna therein;

(b) for the preservation of specified areas and objects therein that are of geological, cultural, ecological or other scientific interest; and

(c) to facilitate the use and enjoyment of outdoor recreation therein.

Administration of provincial park lands.

3

The minister is responsible for the administration, planning, development and maintenance of provincial park lands.

Disposal restricted.

4(1)

Provincial park lands shall not be sold or, except as herein otherwise provided, be disposed of in any other way.

Permanent occupation restricted.

4(2)

No person shall take up or attempt to take up his chief place of residence in provincial park lands

(a) except staff employed under the minister in the development, maintenance or supervision of provincial park lands; or

(b) unless the minister has, in writing, given specific permission to the person to take up his chief place of residence therein.

Designation of provincial park lands.

5(1)

Subject to The Crown Lands Act, the Lieutenant Governor in Council may, by regulation, designate land as provincial park lands.

Name and type of areas.

5(2)

In designating any land as provincial park lands, the Lieutenant Governor in Council, by regulation, shall give to the designated area a name by which it shall be known and shall specify, in accordance with types described in the regulations, the type of provincial park lands that the designated area is to be.

Withdrawal from municipalities, etc.

6

The Lieutenant Governor in Council may, by regulation, withdraw provincial park lands from any municipality, local government district, school division, school district, or other local government area.

Acquisition of land for provincial park lands.

7

The minister may, in accordance with The Land Acquisition Act and with the approval of the Lieutenant Governor in Council, acquire land for provincial park lands by purchase, lease, exchange, expropriation or otherwise.

Application of Act.

8

This Act and the regulations apply to

(a) all private land within provincial park lands;

(b) all highways as defined in The Highway Traffic Act within provincial park lands excepting Provincial Trunk Highways and Provincial Roads; and

(c) every right-of-way of a public utility, as defined in The Public Utilities Board Act, that is within provincial park lands.

Change in land use.

9

Except in accordance with a development plan or planning scheme of the area within which the land is situated, no owner or occupant of land within provincial park lands shall without the written consent of the minister alter the use of the land as it existed up to the coming into force of this Act.

Powers of officers.

10(1)

For the purpose of administering this Act, an officer may

(a) enter upon and inspect any land, road, structure or work in or on provincial park lands;

(b) order the repair, alteration, improvement, evacuation, or removal of or addition to any structure or work in provincial park lands; and

(c) order any person in any provincial park lands to cease or refrain from any action, omission, or conduct that is dangerous to life or property or detrimental to the public interest.

Seizure in execution of duties.

10(2)

Any officer acting in the course or scope of duty in a provincial park who discovers an offence being committed against this Act or the regulations may seize

(a) any piece of equipment, firearm, implement or similar thing; or

(b) any vehicle, boat, aircraft, or other conveyance;

which is being used to commit the offence or which 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.

Warrant to enter and seize.

10(3)

A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any building or receptacle, or any vehicle, boat, aircraft or other conveyance, or any other place in the province a book, record, document, piece of equipment, firearm, implement or other thing which affords evidence of the offence;

may at any time issue a warrant authorizing any officer, together with any peace officer on whom the officer calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, conveyance or place 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.

Seizure without warrant.

10(4)

Where an officer believes, on reasonable and probable grounds, that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any vehicle, boat, aircraft, or other conveyance in the province a book, record, document, piece of equipment, firearm, implement or other thing which affords evidence of the offence;

and it is not practicable in the circumstances to obtain a warrant in accordance with subsection (3), the officer may, without warrant, search the conveyance for the thing and may seize and bring it before a justice, or report on it to a justice, to be dealt with according to law.

Eviction of persons from provincial park lands.

10(5)

An officer may remove and evict from provincial park lands

(a) any person making an unauthorized use of the provincial park lands; or

(b) any person failing to comply with any provision of this Act or the regulations; or

(c) any person creating a nuisance or disturbance or committing a trespass.

Disposition of conveyance.

11(1)

Subject to this section, when proceedings under this Act or the regulations in respect of a conveyance seized under section 10 have been finally resolved, or at such earlier time as the conveyance is no longer required for purposes of proceedings under this Act or the regulations, the conveyance shall be turned over to the person who is lawfully entitled to possess it.

Application for earlier possession.

11(2)

Any person claiming to be lawfully entitled to possess a conveyance seized under section 10 may, prior to the turning over of the conveyance under subsection (1) and upon giving the minister 14 days notice of the hearing, apply to a justice for an order under subsection (3).

Order by justice.

11(3)

Upon hearing an application under subsection (2), the justice may order the seized conveyance to be turned over to the applicant, subject to such terms and conditions as the justice prescribes, if

(a) the applicant is lawfully entitled to possess the conveyance; and

(b) the justice is satisfied that appropriate arrangements have been, or will be, made to assure that the turning over of the conveyance will not interfere with the proper disposition of proceedings under this Act or the regulations.

Disposition of other things.

11(4)

Where proceedings under this Act or the regulations in respect of any thing other than a conveyance seized under section 10 have been finally resolved,

(a) if the accused has been convicted, the convicting justice may order the thing forfeited to the Crown to be disposed of as an officer directs;

(b) if the accused has been acquitted or the prosecution has not proceeded, the thing shall be turned over to the person lawfully entitled to possess it.

Where person unknown.

11(5)

Where, for six months or more after a thing has been seized under section 10, the person who is lawfully entitled to possess it is unknown or cannot be located after reasonable effort, the thing becomes the property of the Crown and may be disposed of as an officer directs.

Leases, permits, etc.

12(1)

The minister may issue or grant permits, leases, licences or authorizations respecting the use or occupation of provincial park lands in accordance with the regulations and subject to such conditions not inconsistent with this Act or the regulations as he may prescribe.

Conditions and restrictions on use of natural resources.

12(2)

The minister may prescribe conditions and restrictions in respect of the use or removal of the resources within provincial park lands that are in addition to the provisions of The Forest Act, The Wildlife Act, and The Mines Act, and those Acts. and the provisions thereof, are subject to the conditions and restrictions prescribed by the minister under this section.

Regulations by Lieutenant Governor in Council.

13(1)

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law: and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,

(a) designating land as provincial park lands, giving to an area so designated a name by which it shall be known, and specifying the type of provincial park lands that the area so designated is to be;

(b) describing various types of provincial park lands, including,

(i) provincial natural parks,

(ii) provincial wilderness parks,

(iii) provincial recreation parks,

(iv) provincial recreational trailways,

(v) provincial parkways,

(vi) provincial recreational waterways,

(vii) provincial heritage parks,

(viii) wayside parks,

(ix) marine parks,

(x) access sites,

(xi) information centres, and

(xii) seasonal dwelling areas;

(c) respecting the preservation, protection, care, management, control, improvement, and maintenance of provincial park lands, including public works and private properties within provincial park lands;

(d) respecting the use and occupancy of lands and the use and removal of resources within provincial park lands and the issuing of permits, licences, certificates, or authorizations permitting entry to, and remaining within, provincial park lands;

(e) respecting the exploration, excavation, and searching of land within provincial park lands for the purpose of obtaining fossil remains, or other objects of geological, archaeological, historical or scientific interest and the issuing of permits, licences, certificates or authorizations with respect thereto;

(f) respecting the leasing or rental of lands or buildings, or both, within provincial park lands for private or commercial purposes and prescribing terms and conditions with respect thereto;

(g) respecting the development of all or any lands in provincial park lands and the use to which such land shall be put, including, without limiting the generality of the foregoing, the establishment of development plans, planning schemes, and building regulations;

(h) prescribing standards and specifications of buildings and other structures erected on provincial park lands;

(i) respecting the operation of stores, camps, and commercial ventures operated for gainful purposes within provincial park lands, including itinerant business persons and delivery services within provincial park lands.

(j) respecting the fees and rentals payable in respect of permits, leases, licences, certificates, authorizations, and rentals in respect of land or buildings within, or entry to, or remaining within, provincial park lands, including, without limiting the generality of the foregoing, the fixing of any fee or rental at a percentage of gross receipts, or at a land rental, or at a recovery for services or development costs incurred, and the making of assessments or special levies, or any combination thereof;

(k) respecting the use of provincial park lands for purposes other than those mentioned in subsection 2(3);

(1) restricting or prohibiting any act or thing within provincial park lands, or relating to the administration of provincial park lands.

Regulations by minister.

13(2)

In addition to the regulations made under subsection (1), the minister, in the administration of this Act, may make regulations that are not inconsistent with this Act or the regulations made under subsection (1), and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the minister may make regulations,

(a) respecting the public safety and the preservation of order in, and the conduct of persons residing in, or making use of, provincial park lands;

(b) respecting health and sanitation within provincial park lands, and pollution thereof by dust, litter, garbage, human or mechanical waste, or other offensive or injurious substances or material, abandoned or discarded objects, or noise:

(c) respecting the use, setting out, extinguishing and protection from fires in provincial park lands;

(d) respecting the use, erection, posting or other display of notices, signs, signboards and other advertising devices in provincial park lands;

(e) respecting the licensing, regulating, restricting, or controlling the use of any area within provincial park lands by pedestrians or operators of automobiles, trucks, trailers, tractor-trailer units, houseboats, vessels, motorboats, over-the-snow vehicles, canoes, sailboats, aircraft, hydroplanes, hovercraft, all-terrain vehicles or other conveyances and of mobile equipment attached thereto;

(f) respecting the preservation, management, control, or improvement of all things of value within provincial park lands, whether animal, vegetable or mineral and whether natural or otherwise;

(g) respecting the maximum periods of stay of persons, vehicles, boats, vessels, trailers, campers, aircraft, over-the-snow vehicles, houseboats, canoes, sailboats, hydroplanes, hovercraft, all-terrain vehicles or other conveyances and any equipment thereof during which any provincial park lands or a specified portion thereof may be used for any specified purpose;

(h) respecting the use of public facilities within provincial park lands including parking areas, camping sites, trailer sites, picnic sites, winter sports facilities, interpretive centres, museums, visitor centres, comfort facilities, shelters, roads and trails, and all others;

(i) respecting public beaches, shoreline, swimming, boating and other uses of water within provincial park lands;

(j) respecting the imposition of restrictions respecting the speed of vehicles and other matters relating to vehicles within provincial park lands other than on Provincial Trunk Highways and Provincial Roads;

(k) respecting the prohibiting, regulating, and controlling the keeping of, or use of horses, dogs, cats and other animals in provincial park lands and for licensing or permitting persons keeping or using horses, dogs, cats or other animals in provincial park lands;

(l) respecting the use, control and regulation of firearms, explosives or other weapons and for the licensing or permitting of persons in possession of firearms, explosives, or other weapons in provincial park lands:

(m) respecting the zoning of any portions of provincial park lands in order to regulate or confine the various uses of land, resources and water therein;

(n) if there is no express provision to the contrary herein, authorizing the doing of such acts, matters and things relating to the administration of any provincial park lands as may be deemed essential and desirable.

Application of regulations.

13(3)

Any regulation made under this section may be made to apply to all provincial park lands, or to any specified provincial park lands, or to any specified type of provincial park lands as described in the regulations.

Rules by park officer.

14

The senior resident officer in charge of any provincial park lands, or the officer designated by the minister as being in charge of any provincial park lands, may make rules not inconsistent with any provision of this Act or any provision of regulations made under section 13, prohibiting or restricting any act. matter or activity within the provincial park lands of which he is in charge: and, if notice of the rule is conspicuously posted in areas intended to be affected by the rule, it has the force of law notwithstanding that it is not filed under The Regulations Act: but no such rule shall remain in force for a period of more than one month.

Offence.

15

Every person who contravenes or fails to comply with any provision of this Act or of the regulations, or any order or direction of an officer given pursuant to this Act, or any rule made in compliance with section 14, is guilty of an offence and liable, on summary conviction, to a fine of not more than $200., or to imprisonment for not more than 30 days, or to both.