| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 138, No. 17 — April 24, 2004 Mingan Archipelago National Park Reserve of Canada Snowshoe Hare RegulationsStatutory Authority Canada National Parks Act Sponsoring Agency Parks Canada Agency REGULATORY IMPACT Description Under the authority of section 17 of the Canada National Parks Act, authority is given to the Governor in Council to make regulations to control the exercise of traditional renewable resource harvesting activities in the Mingan Archipelago National Park Reserve of Canada (the Park Reserve) in the province of Quebec. The purpose of this regulatory initiative is to exercise the authority under section 17 of the Act by establishing the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations. The Regulations would authorize the snaring of snowshoe hare by residents of certain communities adjacent to the Park Reserve. Certain lands in the Mingan Archipelago were established as a reserve for a national park in 1984 under An Act to Establish a National Park on the Mingan Archipelago. The lands were set aside as a reserve for a national park pending the settlement of a comprehensive land claim with certain local Aboriginal peoples in respect of any right or title in those lands. The Act provided that the National Parks Act would apply to the Park Reserve as if it were a national park. Aboriginal people may carry on traditional renewable resource harvesting activities in the Park Reserve. Until settlement of a comprehensive land claim is concluded and regulations are made to reflect provisions of any implementing legislation, the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations would not apply to the carrying on of traditional renewable resource harvesting activities by local Aboriginal persons. When the Park Reserve was established, the National Parks Act made no provision for the regulation of traditional renewable resource harvesting activities in the Park Reserve by non-Aboriginal people. This was rectified by the inclusion of paragraph 17(1)(e) in the new Canada National Parks Act, which was brought into force in 2001. The Act now provides authority to make regulations for the conduct of traditional renewable resource harvesting activities by the non-Aboriginal community. Historically, the snaring of snowshoe hare was a traditional activity carried on by members of non-Aboriginal communities in the Mingan Region of Quebec before the Park Reserve was established. The Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations would provide a framework for issuing seasonal permits and for prescribing terms and conditions within the permits for purposes of managing and controlling the snaring of snowshoe hare and associated activities. The Regulations would clearly define those local residents who are eligible for a permit, as well as the length of time that descendants of eligible residents may continue the practice. The Regulations would set out clear restrictions respecting the use of snares, the location of snaring activities and limits on the number of hares snared during an open season. The Regulations would also provide mechanisms for monitoring the activity. The data collected would be used to adjust open seasons and quotas if it was determined that snaring of snowshoe hare was having an impact on the ecological integrity of the Park Reserve. This initiative would also amend the National Parks Wildlife Regulations given that those Regulations prohibit the hunting of wildlife in national parks. These Regulations would be amended so that those authorized to hunt under the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations are not subject to the general prohibition on hunting wildlife when engaged in snaring activities. Alternatives The status quo was rejected as it would prevent the exercise of traditional renewable resource harvesting activities in the Park Reserve. The authority in the Canada National Parks Act to allow for these activities in the Park Reserve was introduced specifically so that local non-Aboriginal communities could resume traditional renewable resource harvesting activities in the Park Reserve. This measure is also consistent with the 1994 Parks Canada Guiding Principles and Operational Policies which stipulate that the pursuit of traditional harvesting activities by local populations may be established for a determined period of time and that these activities must be controlled by regulation. Benefits and costs Traditional resource harvesting activities have been taken into account in the management planning review process for the Park Reserve. Control of the snaring of snowshoe hare by regulation is essential from a resource management perspective. The absence of regulatory controls could result in unrestricted hunting, which could have a negative impact on the protection of the resource. The Regulations would not result in any significant additional costs for Parks Canada. Administration of the permit system would be absorbed by the Park Reserve's current operational allocations. Consultation Elements of a regulatory framework to manage snowshoe hare snaring activities were developed jointly by Parks Canada and the Comité des citoyens, which represents the communities of Havre Saint-Pierre and Longue-Pointe-de-Mingan, Quebec. The Comité is made up of members representing the two local communities that would be most affected by this regulatory initiative. Beginning in fall 2000, the Comité was given the opportunity to comment on numerous drafts of the proposed regulations. The Comité gave its full support to the proposed Regulations and recommended that Parks Canada proceed with approval of the Regulations. The proposed Regulations were also addressed within the consultation process to review the management plan for the Park Reserve. Over the past year, ten public information sessions were held on the proposed management plan. Aboriginal and non-Aboriginal stakeholders from all communities in the Mingan region of Québec, ranging from Aguanish to Longue-Pointe-de-Mingan, participated in the consultations. Meetings on the management plan were also organized with the Park Reserve's Management Monitoring Committee. The Committee is made up of representatives of local municipalities and local organizations with interests in tourism, business and the environment. The mandate of the Committee is to provide a forum for discussion of the management of the Park Reserve and its operations in general. In addition to these meetings, a general consultation document, which included the proposed regulatory measures, was distributed to the population of the local communities in the Mingan Region and to approximately one hundred regional and national organizations who have interests in the area. These included Aboriginal band councils, municipalities, local businesses, local hunting and fishing associations, tourism organizations, the World Wildlife Fund, the Fédération canadienne de la nature, the Fondation de la faune du Québec, provincial government departments, such as the Sûreté du Québec and the Société de la faune et des parcs du Québec, other federal departments, such as Indian and Northern Affairs Canada, Fisheries and Oceans Canada and the Canadian Wildlife Service, and local colleges and universities. No comments were received from these organizations on the general consultation document. Compliance and enforcement Voluntary compliance would be encouraged by informing residents eligible for snaring permits through various means of communication, including the distribution of copies of the approved Regulations and a brochure containing the procedures and requirements of the regulatory regime. Local radio and television announcements will be made by Parks Canada staff to outline the requirements of the Regulations. Compliance with the Regulations would be ensured through regular patrols by law enforcement officers in the snaring areas. As a final recourse, a charge for an offence may be laid under the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations. Under the Canada National Parks Act, a maximum fine of $2,000 may be imposed on summary conviction, or a maximum fine of $5,000 may be imposed on conviction on indictment. Ms. Julie Gauthier, Project Manager, Legislation and Policy Branch, National Parks, Parks Canada, 25 Eddy Street, Gatineau, Quebec K1A 0M5, (819) 994-5138 (telephone), (819) 994-0835 (facsimile). Notice is hereby given that the Governor in Council, pursuant to section 17 of the Canada National Parks Act (see footnote a), proposes to make the annexed Mingan Archipelago National Park Reserve of Canada Snowshoe Hare 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 Julie Gauthier, Program Manager, Regulatory Development, National Parks Directorate, Parks Canada, 4th floor, 25 Eddy Street, Gatineau, Quebec K1A 0M5 (fax: (819) 997-0835). Ottawa, April 21, 2004
EILEEN BOYD
MINGAN ARCHIPELAGO NATIONAL PARK RESERVE INTERPRETATION 1. The definitions in this section apply in these Regulations. "Act" means the Canada National Parks Act. (Loi) "Chief Executive Officer" has the same meaning as in subsection 2(1) of the Parks Canada Agency Act. (directeur général) "common-law partner", in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait) "eligible person" means a person
(b) who was born in Longue-Pointe-de-Mingan, Mingan, Havre-Saint-Pierre or Baie-Johan-Beetz in the Province of Quebec, who is a first or second generation descendant — by blood or adoption — of the first or second generation of a person identified in paragraph (a) and who, at the time of the application for and receipt of a snare permit, is 16 years of age or older; or (c) who is the spouse or common-law partner of a person identified in paragraph (a) or (b). (admissible) "park reserve" means Mingan Archipelago National Park Reserve of Canada. (réserve) "possession" has the same meaning as in subsection 4(3) of the Criminal Code. (possession) "season" means the period of time for which snare permits are issued. (saison) "snare" means the act of capturing or attempting to capture an animal using a snare. (chasse au collet) "snare permit" means a permit issued under section 8. (permis de chasse au collet) "snowshoe hare" means a member of the species Lepus americanus and includes any part of such an animal. (lièvre d'Amérique) "superintendent" means the superintendent of the park reserve. (directeur) APPLICATION 2. (1) Subject to section 40 of the Act, these Regulations apply to the park reserve. (2) In the event of an inconsistency between these Regulations and any other regulation made under the Act, these Regulations prevail to the extent of the inconsistency. 3. Sections 5 and 6 do not apply to the superintendent, a park warden, an enforcement officer or a peace officer while they are performing functions related to the management of the harvesting of snowshoe hare in the park reserve, or to any other person authorized by the superintendent while they are conducting scientific research in the park reserve in respect of snowshoe hare or the harvesting activity. TRADITIONAL RENEWABLE RESOURCE HARVESTING ACTIVITY 4. The snaring of snowshoe hare in the park reserve is hereby specified to be a traditional renewable resource harvesting activity. GENERAL PROHIBITIONS — SNARING AND POSSESSION 5. No person shall snare snowshoe hare in the park reserve unless they are the holder of a snare permit. 6. No person shall possess snowshoe hare snared in the park reserve unless they are the holder of a snare permit. SNARE PERMITS Application 7. An application for a snare permit shall be submitted to the superintendent on the form provided by the superintendent and must include the following information: (a) the name and date of birth of the applicant and the address of their permanent residence; and (b) written evidence that the applicant is an eligible person. Issuance 8. (1) Subject to any other provisions of these Regulations, the superintendent may issue a permit to snare snowshoe hare in the park reserve to an eligible person on application by that person in accordance with section 7. (2) No person is entitled to obtain a snare permit for a given season if they are already the holder of a valid or suspended snare permit for that season or if, during the 12 months preceding the submission of the application, a snare permit previously issued to them was revoked. (3) The permit holder shall sign the snare permit on receipt. Contents 9. (1) Every snare permit shall contain the name and date of birth of the permit holder, the address of their permanent residence, and (a) a statement that transfer or assignment of the permit is prohibited; (b) a description of the duties of the permit holder as set out in sections 12 to 14; (c) a statement that contravention of a condition of the permit constitutes an offence under subsection 24(3) of the Act; and (d) any standard conditions that are specified by the superintendent in respect of
(2) The superintendent may, when necessary to ensure the protection of snowshoe hare in the park reserve and the preservation, control and management of the park reserve, including the maintenance or restoration of its ecological integrity, include in all snare permits to be issued for a given season any supplementary conditions that may be required. Expiry 10. A snare permit expires on the earlier of (a) the expiry date stated on the permit, and (b) the date on which the permit is revoked. PROHIBITIONS — HOLDERS OF SNARE PERMITS 11. No holder of a snare permit shall (a) transfer or assign their permit; (b) use a snare other than one that is constructed of metallic wire; (c) set a snare in a manner capable of capturing an animal other than a snowshoe hare; (d) subject to paragraph 12(e), set more snares than the maximum number of snowshoe hare that may be snared as set out in their permit; (e) bait a snare; (f) cut or damage any flora in the course of snaring snowshoe hare; (g) leave a snare unattended for more than 48 hours; (h) snare snowshoe hare in an area of the park reserve that has been closed to the snaring of snowshoe hare by the superintendent under section 16; or (i) remove the tag that they have attached to a snared snowshoe hare until the hare is being prepared for human consumption. DUTIES OF HOLDERS OF SNARE PERMITS 12. The holder of a snare permit shall (a) carry their permit when they are snaring or in possession of snowshoe hare in the park reserve; (b) on request by the superintendent, a park warden, an enforcement officer or a peace officer, immediately produce for examination, as applicable, their snares, any snowshoe hare in their possession and their permit; (c) attach, to each snared snowshoe hare, a tag provided with their permit using the method specified in the permit; (d) report, without delay, to a park warden, any accidental capture by the permit holder in any of their snares of an animal other than a snowshoe hare if that animal is wounded or dead; and (e) after the permit holder snares one half of the limit of snowshoe hare specified in their permit, reduce the number of their snares to no more than one half of that limit. 13. (1) The holder of a snare permit shall remove their snares, snaring line indicators and trail indicators when the limit of snowshoe hare specified in their permit has been reached, or, if that limit is not reached, within 48 hours after the expiry of the permit. (2) If the permit holder fails to comply with subsection (1), the superintendent shall remove and dispose of the snares, snaring line indicators and trail indicators. 14. (1) Within 60 days after the expiry of a snare permit, the permit holder shall return the permit to the superintendent. (2) The permit holder shall state the following information on the back of their snare permit prior to returning it: (a) the number of snares set by the permit holder; (b) the number of snowshoe hare snared by the permit holder; (c) the areas in which the snowshoe hare were snared; and (d) any other information that the permit holder was required to record under a condition of the permit. POWERS OF SUPERINTENDENT 15. The superintendent shall, for the purposes of the conservation of snowshoe hare and the maintenance of the ecological integrity of the park reserve, in respect of each season, determine those areas in the park reserve in which the snaring of snowshoe hare will be permitted or restricted. 16. The superintendent may, at any time, for the purposes of management of the park reserve, public safety or the conservation of natural resources, close areas of the park reserve to the snaring of snowshoe hare for such period as the superintendent determines necessary. 17. Based on the determinations made under sections 15 and 16, the superintendent shall, in respect of each season, determine (a) the limit of snowshoe hare that may be snared under a snare permit; and (b) the maximum number of snare permits to be issued for each area where the snaring of snowshoe hare will be permitted. SUSPENSION AND REVOCATION 18. (1) The superintendent may suspend a snare permit if the permit holder contravenes any provision of these Regulations or any condition of their permit. (2) The superintendent shall reinstate a suspended snare permit (a) if the contravention that led to the suspension has been corrected; (b) after a period of 30 days from the date of the suspension, unless proceedings have been instituted before the end of that period in respect of the alleged contravention; or (c) if proceedings are instituted, after the permit holder has been found not guilty of an offence in respect of the alleged contravention or after the proceedings against them have been discontinued. (3) The superintendent shall revoke a snare permit if (a) the permit holder is convicted of an offence in respect of a contravention of any provision of these Regulations or any condition of the permit; or (b) except when the permit was reinstated under paragraph (2)(b) or (c), the permit has been suspended twice during the period for which it was issued. DECISIONS OF THE SUPERINTENDENT Notice 19. If the superintendent refuses to issue a snare permit or suspends or revokes a snare permit, the superintendent shall, within 15 days after making their decision, provide written notice of their decision, including reasons, to the applicant or permit holder, as applicable. Review 20. (1) Any person to whom the superintendent has refused to issue a snare permit, or whose snare permit has been suspended or revoked by the superintendent, may request a review of the superintendent's decision by submitting a request in writing to the Chief Executive Officer within 30 days after receipt by that person of the notice referred to in section 19. (2) On receipt of the written request for review, the Chief Executive Officer shall require that the superintendent issue or reinstate the snare permit if the Chief Executive Officer determines that the superintendent's decision was incorrect, with regard (a) in the case of a refusal, to the requirements and matters to be considered under sections 7 and 8; and (b) in the case of a suspension or revocation, to the reasons set out in section 18. (3) The Chief Executive Officer shall provide written notice of their decision, including reasons, to the person who requested the review. CONSEQUENTIAL AMENDMENTS TO THE NATIONAL 21. (1) Subsection 3(1) of the National Parks Wildlife Regulations (see footnote 1) is replaced by the following: 3. (1) Subject to sections 40 and 41 of the Canada National Parks Act, these Regulations apply to all parks other than Wood Buffalo National Park of Canada and to all park reserves as if they were parks but do not apply to the snaring or possession of snowshoe hare in the Mingan Archipelago National Park Reserve of Canada. (1.1) In the event of an inconsistency between these Regulations and the National Parks Fishing Regulations or the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations, the National Parks Fishing Regulations and the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations prevail, respectively, to the extent of the inconsistency. (2) Subsection 3(3) of the Regulations is repealed. COMING INTO FORCE 22. These Regulations come into force on the day on which they are registered. [17-1-o] S.C. 2000, c. 32 SOR/81-401 |
||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||
