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Vol. 138, No. 11 — March 13, 2004 Regulations Amending the National Parks Aircraft Access RegulationsStatutory Authority Canada National Parks Act Sponsoring Agency Parks Canada Agency REGULATORY IMPACT Description Section 17 of the Canada National Parks Act authorizes the Governor in Council to make regulations for the control of aircraft access to national parks. The National Parks Aircraft Access Regulations currently prohibit the landing or take-off of an aircraft in a national park or a national park reserve except at specified locations in certain northern national parks and national park reserves where the only reasonable means of access is by air. The Regulations set out specified locations in the Auyuittuq Reserve, now Auyuittuq National Park of Canada, the Ellesmere Island Reserve, now Quttinirpaaq National Park of Canada, Northern Yukon National Park, now Ivvavik National Park of Canada, the Kluane Reserve, now Kluane National Park Reserve of Canada, Kluane National Park, now Kluane National Park of Canada, the Nahanni Reserve, now Nahanni National Park Reserve of Canada and Wood Buffalo National Park, now Wood Buffalo National Park of Canada. Under the Regulations, a permit issued by the superintendent is required to land or take off an aircraft at specified locations. The permits are valid for the date, dates or period indicated in the permit. Amendments are being made to these Regulations to 1. reflect the new names for these particular national parks and national park reserves, as set out in the Canada National Parks Act; 2. adjust the co-ordinates of existing landing and take-off sites for Ivvavik National Park of Canada, Kluane National Park of Canada and Nahanni National Park Reserve of Canada; 3. add new landing and take-off sites for Ivvavik National Park of Canada, Kluane National Park Reserve of Canada and Quttinirpaaq National Park of Canada; 4. set out landing and take-off sites for a number of other national parks in the north; specifically, Aulavik National Park of Canada, Tuktut Nogait National Park of Canada, Vuntut National Park of Canada and Sirmilik National Park of Canada; 5. update the definition of "aircraft" in the Regulations so that it is consistent with the definition in the Aeronautics Act; and 6. add an amendment to the Regulations so that they would not apply to non-motorized aircraft incapable of transporting persons, such as kites and weather balloons, as regulatory controls for the use of such devices are not necessary. Alternatives The status quo is not acceptable as these amendments include new landing and take-off sites for a number of northern national parks and national park reserves where access by aircraft is essentially the only reasonable means of access. These amendments reflect current policy concerning air access to remote areas of the national parks set out in the Parks Canada 1994 Guiding Principles and Operational Policies. The proposed adjustments to the existing landing and take-off sites are considered the safest locations for the conduct of this activity. Benefits and costs These amendments will increase opportunities for visitors to gain access to the national parks and national park reserves specified in the National Parks Aircraft Access Regulations. The sites are selected to ensure that the landing and take-off of aircraft do not have adverse effects on sensitive natural areas, wildlife or their habitat, or visitors in the parks and reserves. The Regulations will enhance the safety of persons travelling to remote areas of the national parks and national park reserves by aircraft. The information contained in aircraft access permits, such as landing and take-off sites, as well as departure and return dates, will greatly enhance Parks Canada's ability to locate and assist any missing or disabled aircraft. The amendments will have no effect on Parks Canada's operational costs. It is expected that the issuance of aircraft access permits and business licences will result in a small increase in the total number of permits and business licences issued in northern national parks and national park reserves. The costs for issuing the additional permits and business licences will be absorbed within the parks' operating budgets. Consultation The issue of aircraft access to national parks and national park reserves, and the regulation of this activity, have been the subject of extensive public consultation during the preparation of the management plans for the national parks and national park reserves in the North. Detailed information pertaining to aircraft access has been included in the development of management plans for Aulavik National Park of Canada, Ivvavik National Park of Canada, Kluane National Park of Canada and Kluane National Park Reserve of Canada, Quttinirpaaq National Park of Canada, Tuktut Nogait National Park of Canada and Vuntut National Park of Canada. Consultations on the park management plan for Sirmilik National Park of Canada have not yet commenced, but consultations on the regulation of aircraft access to the park have taken place separately through the distribution of information by way of correspondence with stakeholders. Through the consultation process, Parks Canada approached individuals and groups representing local community councils such as the Sachs Harbour Community Corporation, Aboriginal councils such as Vuntut Gwitchin First Nation, advisory committees such as Sachs Harbour Hunters and Trappers Committee, joint park management committees such as Tuktut Nogait Management Board, air charter companies, commercial outfitters and park users. All stakeholders were in full support of the regulatory mechanisms to manage visitor access to the national parks and national park reserves. Many of the locations of the proposed new landing sites were recommended by pilots. Parks Canada also consulted with Transport Canada during the development of these Regulations, particularly with regard to the definition of "aircraft" which makes reference to the definition of that term under the Aeronautics Act. Field investigations have also taken place to identify landing and take-off sites that would have the least impact on the ecological integrity of the national parks and national park reserves. Compliance and enforcement Compliance will be achieved through the terms and conditions set out in aircraft access permits issued under the Regulations by the park superintendent to cover excursions in the parks and reserves by commercial and private aircraft. Compliance will also be gained through the issuance of business licences under the National Parks of Canada Businesses Regulations. Commercial air carrier services that conduct business within the national parks and national park reserves will be required to obtain a licence under those Regulations. Terms and conditions included within the business licences are an additional means of control to ensure the safety of those availing themselves of these services in the parks and reserves. Violations of these Regulations will be prosecuted under the Canada National Parks Act, which carries a maximum fine of up to $2,000 on summary conviction and up to $5,000 on indictment. Delana Perrier, Project Manager, Regulatory Development, Legislation and Policy Branch, National Parks Directorate, 25 Eddy Street, 4th Floor, Gatineau, Quebec K1A 0M5, (819) 994-2698 (telephone), (819) 997-0835 (facsimile). Notice is hereby given that the Governor in Council, pursuant to paragraph 16(1)(x) of the Canada National Parks Act (see footnote a), proposes to make the annexed Regulations Amending the National Parks Aircraft Access Regulations. Interested persons may make representations with respect to the proposed Regulations 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 Delana Perrier, Project Manager, Regulatory Development, Legislation and Policy Branch, National Parks Directorate, Parks Canada, 4th Floor, 25 Eddy Street, Gatineau, Quebec K1A 0M5 (fax: (819) 997-0835). Ottawa, March 8, 2004
EILEEN BOYD
REGULATIONS AMENDING THE NATIONAL PARKS AIRCRAFT ACCESS REGULATIONS AMENDMENTS 1. The title of the National Parks Aircraft Access Regulations (see footnote 1) is replaced by the following: NATIONAL PARKS OF CANADA AIRCRAFT ACCESS REGULATIONS 2. (1) The definitions "Auyuittuq Reserve", "Ellesmere Island Reserve", "Kluane Reserve", "Nahanni Reserve" and "permit" in section 1 of the Regulations are repealed. (2) The definition "aircraft" in section 1 of the Regulations is replaced by the following: "aircraft" has the same meaning as in subsection 3(1) of the Aeronautics Act. (aéronef) (3) Section 1 of the Regulations is amended by adding the following in alphabetical order: "aircraft access permit" means a permit issued under subsection 3(1). (permis d'accès par aéronef) 3. The Regulations are amended by adding the following after section 1: APPLICATION 1.1 These Regulations apply to parks and, subject to sections 40 and 41 of the Canada National Parks Act, to park reserves as if they were parks. 1.2 These Regulations do not apply in respect of non-motorized aircraft that are incapable of transporting persons. 4. Subsection 2(2) of the Regulations is replaced by the following: (2) No person shall cause an aircraft to take off or land in a park set out in column 1 of any of items 1 to 9 and 11 of the schedule unless that person is the holder of an aircraft access permit. 5. Subsection 3(3) of the Regulations is replaced by the following: (3) An operator of a commercial air service that applies for an aircraft access permit shall submit with the application a copy of the licence issued to the operator pursuant to section 4.1 or subsection 10.1(2) of the National Parks of Canada Businesses Regulations that authorizes the operator to operate the service in the park in question. 6. The portion of section 5 of the Regulations before paragraph (a) is replaced by the following: 5. The superintendent may authorize the use of a take-off and landing location in a park set out in column 1 of any of items 1, 3 to 7 and 10 of the schedule, other than a location set out in column 2 of that item, if 7. The schedule to the Regulations is replaced by the following: SCHEDULE
8. (1) The Regulations are amended by replacing the word "permit" wherever it occurs in the following provisions with the words "aircraft access permit", with such modifications as the circumstances require: (a) subsection 3(4); (b) the portion of subsection 3(5) before paragraph (a); (c) the portion of subsection 3(6) before paragraph (a); and (d) paragraphs 4(b) and (c). (2) The French version of the Regulations is amended by replacing the word "permis" wherever it occurs in the following provisions with the words "permis d'accès par aéronef": (a) the portion of subsection 3(2) before paragraph (a); (b) subsection 3(7); and (c) paragraph 4(a). (3) The English version of the Regulations is amended by replacing the word "permit" wherever it occurs in the following provisions, except where it is followed by the word "holder", with the words "aircraft access permit", with such modifications as the circumstances require: (a) subsection 3(7); and (b) paragraph 4(a). 9. The French version of the Regulations is amended by replacing the expression "directeur de parc" with the word "directeur" wherever it occurs in the following provisions: (a) subsections 3(1) and (2); (b) subsections 3(4) to (6); (c) section 4 and the heading before it; and (d) section 6. COMING INTO FORCE 10. These Regulations come into force on the day on which they are registered. [11-1-o] S.C. 2000, c. 32 SOR/97-150 |
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