The purpose of this initiative is to close serious gaps that have been detected in the National Parks Wildlife Regulations (the Regulations), established under the National Parks Act, regarding the protection of all species of wildlife in Canada's national parks.
Currently, the definition of "wildlife" leaves certain types of animals unprotected by the Regulations. Other measures are available in the interim to protect all species. However, these measures are not appropriate in the long term. Therefore, the definition of "wildlife" is being changed to encompass all wild animals, including insects, fish and invertebrates. Although some fish and invertebrates are already covered by the National Parks Fishing Regulations, others are not. Any type of fish or invertebrate not included in the Fishing Regulations will be covered by the new definition of "wildlife" in the Wildlife Regulations. In addition, to deal with any potential inconsistencies between the two sets of Regulations, a provision is being added which states that in such an event the National Parks Fishing Regulations will prevail.
Since the amended Regulations will now make it an offence to disturb or destroy all wildlife, including insects, it was necessary to add a provision allowing reasonable self-protection from biting or stinging insects.
This amendment will also make it an offence to traffic in wildlife procured from a park, to remove wildlife from a park or to possess wildlife obtained in a park, outside of the park.
Enforcement problems relating to the current reference to dismantling of firearms, and new Criminal Code Regulations regarding storage, display, handling and transportation of firearms, required that the Regulations be made consistent with the Criminal Code. In addition, the absolute prohibition of the possession of firearms is extended to Forillon National Park.
The remaining changes are routine, housekeeping amendments.
The status quo was considered but was unacceptable as an alternative because not enough protection can be afforded to wildlife in national parks. Although species can be protected using certain provisions of the National Parks General Regulations, this is a reactive response in that a species of animals must be abused or endangered before any protection can be offered. This approach fails to fulfill the protection mandate of the National Parks Act.
The use of a schedule to list species for which collection would be prohibited was seriously considered but rejected due to the potential need for frequent amendments to add to the schedule. It was considered better to protect all species and then to amend to make exceptions. This type of amendment will take place with much less frequency.
The substantial benefit of these amendments will be the increased protection of all wildlife within Canada's national parks. There are no increased costs associated with these amendments.
The original impetus to change the National Parks Wildlife Regulations came mainly from widespread public outcry that some animals, particularly butterflies, were not protected in Canada's national parks. Since then, conservationists, biologists, Parks personnel and legal experts have been consulted to ensure that the amendments will provide complete protection of all species of animals, and that the Regulations will be effective, enforceable and consistent with the Act and the other Regulations. Public consultation was unnecessary for the housekeeping amendments.
Early notice of the intention to enact these amendments was originally given in the 1995 Federal Regulatory Plan, and again in the 1996 Federal Regulatory Plan, under Proposal No. HER/95-9-L.
These Regulations will be enforced by park wardens by means of regular patrols of the national parks. Existing compliance measures will continue to be implemented. In addition, the National Parks Act provides for penalties if the Regulations are contravened, including fines of up to $2000.
Sharon Budd, Project Manager, Regulatory Development, Legislative and Policy Branch, national Parks, Department of Canadian Heritage, 25 Eddy Street, 4th Floor, Hull, Quebec KIA 0M5, (819) 994-2698 (Telephone), (819) 994-5140 (Facsimile).
PROPOSED REGULATORY
TEXT
Notice is hereby given that the Governor in Council proposes, pursuant to subsection 7(1)* of the national Parks Act, to make the annexed Regulations Amending the national Parks Wildlife Regulations.
Interested persons may make representations concerning the proposed Regulations to Sharon Budd, Project Manager, Regulatory Development, national Parks, Department of Canadian Heritage, Ottawa, Ontario K1A OM5, (819) 994- 5140 (Facsimile), within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part L and the date of publication of this notice.
The representation should also stipulate the parts thereof that should not be disclosed pursuant to the Access to Information Act, in particular pursuant to sections 19 and 20 of the Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate the parts thereof for which there is no objection to disclosure pursuant to the Access to Information Act.
October 24, 1996
REGULATIONS AMENDING THE NATIONAL PARKS
WILDLIFE REGULATIONS
AMENDMENT
S
1. (1) The definition "wildlife" in section 2 of the National Parks Wildlife Regulations1 is replaced by the following:
"wildlife" means all wild mammals, amphibians, reptiles birds, fish, insects and other invertebrates and any part thereof, and includes their eggs and young; (faune or animaux sauvages)
(2) The definition "trap" in section 2 of the English version of the Regulations is replaced by the following:
"trap" means a structure, contrivance or device that is capable of capturing wildlife by affording entrance but not exit, and includes a snare; (piège)
(3) Section 2 of the Regulations is amended by adding the following in alphabetical order:
"traffic" means to sell, buy, barter, trade or solicit wildlife or to offer to do so; (trafiquer)
2. Section 3 of the Regulations is amended by adding the following after subsection (2):
(3) In the event of an inconsistency between these Regulations and the National Parks Fishing Regulations, the National Parks Fishing Regulations prevail to the extent of the inconsistency.
3. (1) Paragraph 4(1)(a) of the Regulations is replaced by the following:
(a) hunt, disturb, hold in captivity or destroy any wildlife within, or remove any wildlife from, a park;
(2) Paragraphs 4(1)(c) to (f)2 of the Regulations are replaced by the following:
(c) in any park other than a park referred to in paragraph (b), or outside a park, be in possession of any wildlife killed or procured within a park, unless the wildlife is in that person's possession in accordance with subsection (4);
(e) disturb or destroy a nest, lair, den or beaver house or dam in a park;
(f) touch or feed wildlife in a park or entice wildlife that is in a park to approach by holding out or setting out decoys or any such devices, foodstuffs or bait of any kind; or
(3) The portion of paragraph 4(4)(b)3 of the Regulations before subparagraph (i) is replaced by the following:
(4) Subsection 4(5)3 of the Regulations is replaced by the following:
(5) subsection (4) does not apply to a person who is in possession of wildlife that the person is authorized under paragraph 15(1)(a) to remove, relocate or destroy.
(6) Notwithstanding subsection (1), reasonable protection from biting or stinging insects is permitted.
4. (1) Subsection 13.1(3)4 of the Regulations is replaced by the following:
(3) No person shall hunt for duck unless the person is the holder and is in possession of a hunting permit issued under subsection (1).
(2) Section 13.1 of the Regulations is amended by adding the following after subsection (4):
(4.1) The holder of a hunting permit issued under subsection (1) shall comply with all conditions specified in the permit.
5. Section 145 of the Regulations and the heading before it are repealed.
6. The heading before section 15 is replaced by the following:
POWERS OF
SUPERINTENDENT
7. (1) Paragraph 15(1)(a)6 of the Regulations is replaced by
(a) the removal, relocation or destruction of wildlife for scientific purposes or park management purposes;
(2) Subsection 15(2) of the Regulations is repealed.
8.(1) Subsections 20(1)3 and (2)6 of the Regulations are replaced by the following:
20. (l) No person shall be in possession of a firearm in a park unless the firearm is not loaded and is transported in a case or is wrapped and tied securely in such a manner that no part of the firearm is exposed.
(a) a person in Mingan Archipelago National Park Reserve
(b) a bonded armoured car service guard who is carrying out
assigned dudes in the park.
(2) Subsection 20(7)6 of the Regulations is replaced by the following:
(7) No person shall possess a firearm or other device for capturing or destroying wildlife in Kejimkujik, La Mauricie or Point Pelee National Parks, or in Forillon National Park except when traversing the park along Highway 132, unless the person has been authorized under paragraph 15(1)(a) to remove, relocate or destroy wildlife.
9. The portion of section 21 of the English version of the Regulations before paragraph (a) is replaced by the following:
COMING INTO FORCE
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