BILL 39 An Act to Amend the Parks Act

BILL 39

 

An Act to Amend the Parks Act

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended

 

(a) by repealing the definition "Department" and substituting the following:

"Department" means

(a) in relation to the provincial parks listed in Schedule A, the Department of Economic Development, Tourism and Culture, or

 

(b) in relation to all other provincial parks, the Department of Natural Resources and Energy;

 

(b) by repealing the definition "Minister" and substituting the following:

"Minister" means

(a) in relation to the provincial parks listed in Schedule A and other than in paragraph 3(2)(f), the Minister of Economic Development, Tourism and Culture, or

(b) in relation to all other provincial parks and in paragraph 3(2)(f), the Minister of Natural Resources and Energy;

(c) in the definition "provincial park" in the portion following paragraph (c) by striking out "and includes" and substituting "and includes a recreational trail, or any portion of a recreational trail, designated by the Minister of Natural Resources and Energy under section 1.1 and".

2 The Act is amended by adding after section 1 the following:

1.1(1) The Minister of Natural Resources and Energy may designate a recreational trail, or any portion of a recreational trail, for the purposes of the definition "provincial park" in section 1.

1.1(2) The Regulations Act does not apply to a designation under subsection (1).

 

1.1(3) A copy of a designation purporting to be made by the Minister of Natural Resources and Energy under subsection (1) is, without proof of the appointment, authority or signature of the Minister of Natural Resources and Energy, admissible in evidence and is, in the absence of evidence to the contrary, proof of the making of the designation and of its contents for all purposes in any action, proceeding or prosecution.

 

3 Subsection 3(1) of the French version of the Act is amended by striking out "immédiatment" and substituting "immédiatement".

 

4 Section 5 of the Act is amended by striking out "Minister of Tourism, Recreation and Heritage" and substituting "Minister".

5 Section 8 of the Act is amended

(a) by repealing subsection (3) and substituting the following:

8(3) The Minister, with the approval of the Lieutenant-Governor in Council, may grant any lease with respect to a provincial park, or any part of a provincial park, or any land, building, installation or facility in a provincial park, or any part of a provincial park.

(b) by adding after subsection (3) the following:

8(4) The Minister may grant any licence, privilege or concession with respect to a provincial park, or any part of a provincial park, or any land, building, installation, service or facility in a provincial park, or any part of a provincial park, but such licence, privilege or concession shall not extend beyond ten years except with the approval of the Lieutenant-Governor in Council.

 

6 The Act is amended by adding after section 8 the following:

8.1(1) Notwithstanding any other provision of this Act or any other Act, or any regulation under this Act or any other Act, a person who has been granted a lease, licence, privilege or concession under section 8 to operate a provincial park, or any part of a provincial park, may, subject to and in accordance with the terms and conditions of that lease, licence, privilege or concession,

 

(a) fix, impose and collect fees or rental payable for any permit required or services offered by that person in respect of that provincial park, or that part of a provincial park, or for any use of land, buildings, installations or facilities within that provincial park, or that part of a provincial park, for which a permit is not required, and

(b) retain, for that personís own purposes, the money obtained from the collection of those fees or rental.

8.1(2) Where a person, in respect of a provincial park, or any part of a provincial park, is authorized under paragraph (1)(a) to fix, impose and collect fees or rental referred to in paragraph (1)(a), the Lieutenant-Governor in Council shall not, in respect of that provincial park, or that part of a provincial park, make regulations under paragraph 16(2)(k) or (n) in relation to those fees or rental.

8.1(3) The Regulations Act does not apply to any instrument made under the authority of paragraph (1)(a).

7 Subsection 12(3) of the Act is amended by striking out "three months" and substituting "twelve months".

8 Section 16 of the French version of the Act is amended

(a) in subsection (2)

(i) in paragraph j)

(A) by striking out "díautorisations" and substituting "de permis";

 

(B) by striking out "des autorisations" and substituting "des permis";

 

(ii) in paragraph k)

(A) by striking out "une autorisation délivrée" and substituting "un permis délivré";

(B) by striking out "une autorisation" and substituting "un permis";

 

(iii) in paragraph q) by striking out "contigües" and substituting "contiguës";

 

(b) in paragraph (4)a) by striking out "évènement" and substituting "événement".

 

9 The Act is amended by adding after section 16 the following:

16.1 The Lieutenant-Governor in Council may, by regulation, add a provincial park to or delete a provincial park from Schedule A.

10 The Act is amended by adding at the end of it the following Schedule:

SCHEDULE A

The Anchorage Provincial Park

Castalia Provincial Park

Herring Cove Provincial Park

Murray Beach Provincial Park

New River Beach Provincial Park

Oak Bay Provincial Park

Parlee Beach Provincial Park

The Rocks Provincial Park

Sugarloaf Provincial Park

Val Comeau Provincial Park

11 Where in any agreement or other instrument or document subsisting on the commencement of this section that relates to a provincial park listed in Schedule A of the Parks Act, as enacted by section 10 of this amending Act, reference is made to the Minister, Deputy Minister or Department of Natural Resources and Energy or any other minister, deputy minister or department at any time responsible for the administration of the Parks Act, it shall be read, unless the context requires otherwise, as a reference to the Minister, Deputy Minister or Department of Economic Development, Tourism and Culture.

 

EXPLANATORY NOTES

Section 1

(a) The existing definition is as follows:

"Department" means the Department of Natural Resources and Energy;

(b) The existing definition is as follows:

"Minister" means the Minister of Natural Resources and Energy;

(c) The existing definition is as follows:

"provincial park" means

(a) any area of land established and maintained under this Act and the regulations as a recreational park, campground park, beach park, wildlife park, picnic ground park, resource park, park reserve, or any combination thereof,

 

 

(b) any land administered under an agreement entered into under the authority of paragraph 3(2)(b), or

(c) a provincial park continued under subsection 3(1),

 

and includes any land acquired for the purpose of development as a provincial park.

Section 2

The new subsection 1.1(1) authorizes the Minister of Natural Resources and Energy to designate a recreational trail, or any portion of a recreational trail, for the purposes of the definition "provincial park" in section 1 of the Parks Act. The Regulations Act will not apply to a designation under the new subsection 1.1(1). A copy of a designation purporting to be made by the Minister of Natural Resources and Energy under the new subsection 1.1(1) is, without proof of the appointment, authority or signature of the Minister of Natural Resources and Energy, admissible in evidence and is, in the absence of evidence to the contrary, proof of the making of the designation and of its contents for all purposes in any action, proceeding or prosecution.

Section 3

A typographical error is corrected.

Section 4

The existing provision is as follows:

5 Any reference to the Minister of Natural Resources in any document executed by the Minister of Natural Resources prior to June 17, 1972 shall, if the document provides for the establishment of or the operation of a provincial park, be deemed to be a reference to the Minister of Tourism, Recreation and Heritage.

Section 5

(a) The new subsection 8(3) authorizes the Minister, with the approval of the Lieutenant-Governor in Council, to grant any lease with respect to a provincial park, or any part of a provincial park, or any land, building, installation or facility in a provincial park, or any part of a provincial park.

(b) The new subsection 8(4) authorizes the Minister to grant any licence, privilege or concession with respect to a provincial park, or any part of a provincial park, or any land, building, installation, service or facility in a provincial park, or any part of a provincial park, but such licence, privilege or concession shall not extend beyond ten years except with the approval of the Lieutenant-Governor in Council.

Section 6

A person who has been granted a lease, licence, privilege or concession under section 8 of the Parks Act to operate a provincial park, or any part of a provincial park, is authorized, in accordance with the new subsection 8.1(1), to fix, impose and collect fees or rental and to retain, for that personís own purposes, the money obtained from the collection of those fees or rental. Where a person, in respect of a provincial park, or any part of a provincial park, is authorized to fix, impose and collect fees or rental, the Lieutenant-Governor in Council shall not, in respect of that provincial park, or that part of a provincial park, make regulations under paragraph 16(2)(k) or (n) of the Parks Act in relation to those fees or rental. The Regulations Act will not apply to any instrument made under the authority of the new paragraph 8.1(1)(a).

Section 7

The existing provision is as follows:

12(3) Where the Minister or any park warden has reasonable grounds for believing that any person has violated or is about to violate any provision of this Act or the regulations, or that the entry upon or remaining within a provincial park by any person may be detrimental to the safety of other park users or their enjoyment of the park and its facilities, he may, without notice or hearing, issue an order in writing prohibiting that person from entering upon or being within any provincial park specified in the order for a period specified therein, not to exceed three months.

Section 8

(a)(i) The English and French versions are made consistent.

(a)(ii) The English and French versions are made consistent.

(a)(iii) A typographical error is corrected.

(b) A typographical error is corrected.

Section 9

The new section 16.1 authorizes the Lieutenant-Governor in Council, by regulation, to add a provincial park to or delete a provincial park from Schedule A of the Parks Act, as enacted by section 10 of this amending Act.

Section 10

Schedule A, listing the provincial parks under the administration of the Minister of Economic Development, Tourism and Culture, is added to the Parks Act.

Section 11

Transitional provision.