| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 137, No. 45 — November 8, 2003 Order Amending Schedule 4 to the Canada National Parks ActStatutory Authority Canada National Parks Act Sponsoring Agency Parks Canada Agency REGULATORY IMPACT Description This Order would complete Schedule 4 of the Canada National Parks Act by adding the descriptions of the communities in the national parks of Canada, their commercial zones, and a measure of the maximum commercial development permitted within those commercial zones. The park communities are Field in Yoho National Park of Canada, Banff and Lake Louise in Banff National Park of Canada, Waterton Lakes Park in Waterton Lakes National Park of Canada, Jasper in Jasper National Park of Canada, Waskesiu in Prince Albert National Park of Canada, and Wasagaming in Riding Mountain National Park of Canada. The Canada National Parks Act was brought into effect in February 2001. The purpose of Schedule 4 is to place restrictions on development, particularly commercial development, in the park communities. Legislating controls on commercial development, as well as limiting the size of the communities, was considered to be the appropriate means of limiting the impact of development on the ecological integrity of the national parks in which the communities are located. The descriptions of the park communities, their commercial zones, and the measure of the maximum commercial development permitted within the commercial zones were not prescribed within Schedule 4 when the proposed Canada National Parks Act was brought before Parliament because they were still being determined as part of the preparation of community plans for each of the park communities. Following a comprehensive program of public consultations, the community plans have since been finalized, and each one has been approved by the Minister of Canadian Heritage. The specifications required to complete Schedule 4 are addressed within the approved community plans. Sections 33 and 34 of the Canada National Parks Act set out the requirements for preparation of park community plans and for approval of the Order in Council to complete Schedule 4. The Act also requires that the community plans be tabled in each House of Parliament. This would be done along with the proposed Order in Council which adds to Schedule 4 the park community descriptions, the commercial zones within the park communities, and the maximum floor areas for commercial development in the commercial zones. Once tabled, the Act sets out procedures for referring the proposed additions to Schedule 4 to an appropriate standing committee of each House of Parliament and for disposal of any motions to disapprove the proposed additions. When the Order in Council to amend Schedule 4 is brought into effect, the Act specifies that no lease or licence of occupation may be granted, and no permit, licence, or other authorization may be issued, authorizing a commercial use of lands within a commercial zone of a park community if the maximum floor area for commercial zones specified for that park community in Schedule 4 would be exceeded as a result of that use. Once the additions are made to Schedule 4, an Act of Parliament would be necessary to change them. Alternatives The only alternative is to maintain the status quo. This would not be acceptable if limits are to be imposed on commercial development in the park communities. Limiting the size of the communities and legislating controls on commercial development will enable Parks Canada to better manage its legislated mandate to maintain the ecological integrity of the parks in question. Benefits and Costs Representatives of the park communities have played an active role in the development of the park community plans. The descriptions of the park communities, their commercial zones, and the measure of the maximum commercial development permitted within the commercial zones are clearly set out within the respective community plans. In accordance with the provisions of the Canada National Parks Act, the community plans provide a strategy for the management of growth within the park communities and are consistent with the principles of responsible environmental stewardship and heritage conservation. Developing the community plans and establishing the controls on commercial development involved the analysis of a number of factors, for example, community character, service to visitors, environmental management systems, protection of ecological and cultural resources, and the establishment of a balance between protection of park ecosystems and community economic health. Legislating controls on commercial development in park communities by completing Schedule 4 is consistent with the mandate Parliament has established for national parks, which is that they are to be maintained and made use of so as to leave them unimpaired for future generations. This initiative will not affect Parks Canada's operational costs associated with the management and control of development in the park communities. Consultation Consultations on the park community descriptions, the commercial zones within the park communities, and the maximum floor areas for commercial development in the commercial zones were conducted as part of the preparation of the community plans for Banff, Lake Louise, Field, Jasper, Wasagaming, Waskesiu, and Waterton Lakes. Consultations took place with representatives of numerous stakeholder groups both within and in the vicinity of the national parks in which the park communities are located. A wide range of consultation approaches were utilized. The stakeholder groups included elected community councils, business interests, tourism organizations, local rural municipalities, and non-governmental and environmental organizations, such as the Canadian Parks and Wilderness Society and the Sierra Club. The stakeholders representing commercial and residential leaseholders included local chambers of commerce and provincial government organizations with responsibilities for municipal affairs. The community plans were made widely available to the public, and particular emphasis was placed on the proposed limits for commercial development during the final stages of their preparation. The consultation activities for the park communities are described as follows: Banff Community Plan The 1997 Banff National Park Management Plan provided direction to the Town of Banff to prepare a community plan with a number of stipulations. Over the course of the following year, Parks Canada officials, including the Chief Executive Officer of the Parks Canada Agency and the Minister of Canadian Heritage, held numerous discussions with representatives of the town of Banff, park stakeholders, and Banff residents on the preparation of a community plan. An extensive public consultation process followed on the proposed community plan and associated land-use bylaws. The consultation exercise included a plebiscite to determine the amount of commercial development to be authorized in the town. There was general support for the proposed community-planning principles, but a diversity of opinions on the appropriate limits to commercial growth. In an announcement in June 1998 on a legislative framework for national park communities, the Minister of Canadian Heritage provided specific direction for the preparation of the Banff Community Plan respecting commercial zones and maximum floor space for commercial development within those zones. The decision was in favour of limited commercial development. The Banff Community Plan was subsequently approved by the Town of Banff Council in September 1998, and by the Minister of Canadian Heritage in December 1998. Jasper Community Land Use Plan In 1997, a Community Plan Steering Committee was formed in the Town of Jasper consisting of representatives of Parks Canada and of the Jasper Town Committee. Planning consultants were selected to develop a draft community plan. In August and September of 1997, the consultants conducted several interviews with key interest groups and individuals in the Town of Jasper to discuss community issues and concerns. A list of stakeholders was developed by Parks Canada staff and by the Jasper Town Committee. In 1998, Parks Canada officials met with the Jasper Town Committee to present the planning principles and a framework for the community plan review. A newsletter was sent to Town residents and interested stakeholders. In 1999, two public meetings were held in Jasper to gather information, and a draft community plan was generated from the information gathered. The draft plan was made available to the public and information on the draft plan was disseminated through distribution of a second community newsletter. A copy of the draft plan was also posted on the Jasper National Park of Canada Web site and distributed to key stakeholders. Additional public meetings were held in Jasper, Edmonton and Calgary, with the Park Superintendent, the Chair of the Jasper Town Committee and various community stakeholders in attendance. In September 1999, the Jasper Town Committee sent a written submission of their concerns to the Chief Executive Officer of Parks Canada. In 2000, Parks Canada prepared a written response to the Jasper Town Committee for public release and prepared changes to the draft plan to address the Committee's concerns. In 2001, Parks Canada met with the Jasper Town Committee to obtain input and final comments on the draft community plan. Concerns were expressed with regard to the boundary of the community and the limits to growth in the commercial sector, and consensus could not be reached. Following two further open houses held in Jasper, the Jasper Community Land Use Plan was approved by the Minister of Canadian Heritage in June 2001. Wasagaming Community Plan In 1997, a Community Plan Steering Committee was created in the Community of Wasagaming. The Committee consisted of representatives from three key community associations: the Wasagaming Chamber of Commerce, the Wasagaming Cottage Association and the Cabin Owners Association. The representatives participated actively throughout the process of developing the community plan through quarterly meetings. In 1998, a survey questionnaire was distributed to stakeholders and a public open house was held on the proposed community plan. In 1999, a meeting was held with the Riding Mountain Round Table and the Community Plan Steering Committee to review the proposed community plan and to comment on any issues of contention in the plan. The Riding Mountain Round Table consists of 12 individuals representing 20 different organizations operating within and outside of the Park. The issues were taken into consideration in the development of the plan. Concerns were raised on limits to commercial development and growth in the community. Consensus could not be reached on the boundaries of the community and on the degree of commercial development proposed in the community plan. Although the Community Plan Steering Committee supported the commercial development footprint, it wanted some additional commercial areas for future in-fill development, and indicated support for the limits if they were set for a five-year period. Even though the Committee was not totally satisfied, it eventually agreed with the proposed limits on commercial development, given that very little commercial development had recently taken place and little was anticipated in the future. The Wasagaming Community Plan was approved by the Minister of Canadian Heritage in October 2000. Waskesiu Community Plan In response to the Minister's announcement on a legislative framework for controlling development in the national park communities, in June 1998, a process was launched to develop a community plan for Waskesiu. An independent planner was contracted by Parks Canada to engage the Waskesiu Community Council in the development of the plan. The Waskesiu Community Council represents the various interest groups within the Park and the community of Waskesiu. Monthly meetings were held with the Waskesiu Community Council to develop the community plan. A newsletter outlining the details of the plan was mailed to approximately 1 500 individuals who had interests in the park and in its community, including cottage, cabin and business owners. During 1999 and 2000, the process continued with a variety of consultation initiatives, including a questionnaire addressing such matters as community character, access, recreation, environmental considerations, commercial zones and a long-term vision for the park community. A series of informational newsletters with updates on the planning process were distributed, and a series of open houses and workshops were held in various locations. Monthly meetings took place with the Waskesiu Community Council, the Waskesiu Cabin and Cottage Owners Association and the Waskesiu Chamber of Commerce. During the consultation process, comments and representations were taken into consideration. Although there had been minimal commercial development in Waskesiu for the last 10 to 12 years, the Waskesiu Community Council had concerns with the proposed limits on commercial development within the community. Waskesiu has a small year-round population; however, most of the businesses operate on a seasonal basis. The Council was concerned that restrictions on development would preclude economic viability for new or developing businesses. Correspondence addressing these concerns was forwarded to the Minister for consideration in August 1999. After consideration of these concerns, no changes to the proposed limits on commercial development were made to the community plan. The Waskesiu Community Plan was subsequently approved by the Minister of Canadian Heritage in November 2000. Field Community Plan In 1996, a community plan working committee was created consisting of representatives from the Field Community Council, Parks Canada and the community of Field. All representatives participated actively throughout the process of developing the community plan. Meetings were held on a monthly basis and the Council often held sessions with the community at large. In 1997, the general public was invited to participate in an open house, which was advertised throughout the region. Approximately 80 people attended this session and many provided written comments. Parks Canada also held several information sessions on the proposed community plan with the residents of Field, as well as with interested stakeholders. Following deliberations with all interest groups, the Field Community Plan was approved by the Minister of Canadian Heritage in July 1999. The Plan has the full support of the Field Community Council. Lake Louise Community Plan In 1997, Parks Canada worked with the Lake Louise Advisory Board, major leaseholders in the community, including representatives of business interests and residents, as well as with a community planning consultant, to develop the Lake Louise Community Plan. Representatives participated actively throughout the process of developing the community plan. The Lake Louise Advisory Board, in particular, provided valuable insight and helped to shape the proposed plan. Concurrently, Canadian Pacific Hotels consulted with the public on the proposed development of a meeting facility in the community of Lake Louise and received more than 350 written comments from the public. The comments were considered by Parks Canada in the preparation of the plan. In 1998-99, open houses on the proposed community plan were held in Calgary and Lake Louise and attracted more than 200 people. Many provided written comments. A round table of stakeholder groups, including environmental and non-governmental organizations and commercial lessees, was also held in Lake Louise. Parks Canada subsequently consulted with these stakeholder groups and with major businesses to further the refinement of the proposed community plan. Consultations demonstrated general support for the proposed community plan principles, but opinions on the limits to commercial growth were varied. Concerns were raised on the proposed limits to commercial development and growth in the community. Consensus could not be reached on the degree and scope of commercial development proposed in the plan. Although not all stakeholders were fully satisfied with the commercial development elements of the plan, the Lake Louise Community Plan was approved by the Minister of Canadian Heritage in June 2001. Waterton Lakes Community Plan In 1999, a community plan concept for the community of Waterton Lakes was developed by Parks Canada. Approximately 600 copies were distributed by mail and at open houses for public comment. An independent consultant prepared an analysis of the replies, and changes were made to the community plan based on the comments received. Community representatives are strongly in favour of maintaining the character of the community and, therefore, fully support the limits on commercial development within the Plan. The Waterton Lakes Community Plan was approved by the Minister of Canadian Heritage in December 2000. Compliance and Enforcement From the compliance and enforcement point of view, the amendments to Schedule 4 would affect only those wishing to expand existing commercial properties or to develop new commercial properties in the park communities. A commercial developer is required to obtain a permit under the National Parks Building Regulations to engage in any construction or reconstruction endeavour. The permit could be issued provided the building does not result in exceeding the maximum commercial floor area specified in Schedule 4 and the building is located within a commercial zone described in that Schedule. Compliance with the permits would be effected through mechanisms in the Regulations for inspection of commercial buildings under construction, and for suspension or cancellation of the permits where violations of the Regulations occur. Land use would be subject to the terms and conditions included within applicable leases or licences of occupation. As a final recourse, a charge for an offence under the Regulations could be laid, for which a maximum fine of $2,000 on summary conviction and $5,000 on indictment could be levied under the Canada National Parks Act where an illegal development occurs. Mr. Gerry Doré, Chief, Legislation and Regulations, National Parks Directorate, Parks Canada, 25 Eddy Street, 4th Floor, Gatineau, Quebec K1A 0M5, (819) 953-7831 (Telephone), (819) 997-0835 (Facsimile). Notice is hereby given that the Governor in Council, pursuant to subsection 33(4) of the Canada National Parks Act (see footnote a) , proposes to make the annexed Order Amending Schedule 4 to the Canada National Parks Act. Interested persons may make representations with respect to the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Gerry Doré, Chief, Legislative and Regulatory Affairs, National Parks Directorate, Parks Canada, 4th floor, 25 Eddy Street, Gatineau, Quebec, K1A 0M5 (Fax: (819) 997-0835). Ottawa, November 6, 2003
EILEEN BOYD
ORDER AMENDING SCHEDULE 4 TO THE CANADA NATIONAL PARKS ACT AMENDMENT 1. Schedule 4 to the Canada National Parks Act (see footnote 1) is amended by adding the following in columns 2 to 4, opposite the names of the communities set out in column 1:
COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. [45-1-o] S.C. 2000, c. 32 S.C. 2000, c. 32 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
