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Vol. 140, No. 49 — December 9, 2006 Regulations Amending the National Parks Wilderness Area Declaration RegulationsStatutory authority Canada National Parks Act Sponsoring agency Parks Canada Agency REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The National Parks Wilderness Area Declaration Regulations are made under the Canada National Parks Act, which contains a provision stating that any area of a national park or a national park reserve that exists in a natural state or that is capable of returning to a natural state may be declared, by regulation, a wilderness area. Where an area of a national park or a national park reserve is declared a wilderness area by regulation, any activity that is likely to impair the wilderness character of that area may not be authorized. Commercial development of any kind, for example, would be prohibited upon the declaration of a wilderness area. The public will be able to use and enjoy wilderness areas through activities such as hiking, horseback riding and cross-country skiing. The only activities that can be authorized within a declared wilderness area must be related to (a) park administration; (b) public safety; (c) the provision of basic user facilities, including trails and rudimentary campsites; (d) the carrying on of traditional renewable resource harvesting activities authorized pursuant to the Act or any other Act of Parliament; or (e) access by air to remote wilderness areas where there is no other means of access to those areas. Declared wilderness areas must be compatible with areas that are designated special preservation areas (Zone I) and wilderness areas (Zone II), as described in park management plans. Special preservation areas are areas that contain or support unique, threatened or endangered natural or cultural features or are among the best examples of a natural region. Wilderness areas are extensive areas that represent a natural region where protecting ecosystems with minimal human interference is the key consideration. The purpose of the Regulations Amending the National Parks Wilderness Area Declaration Regulations is to establish wilderness areas within Waterton Lakes National Park of Canada, Fundy National Park of Canada, Vuntut National Park of Canada and Nahanni National Park Reserve of Canada. The areas are identified by reference to the number of the administrative map plans deposited in the archives of Natural Resources Canada. The maps themselves are also available for consultation at the National Office of the Parks Canada Agency in Gatineau, Quebec, and at the office of the superintendent of each park. The National Parks Wilderness Area Declaration Regulations would also be amended to reflect the new terminology in the Canada National Parks Act, which came into force in February 2001. Under the Act, national parks are designated "national parks of Canada" rather than "national parks," which was the term used in the previous legislation. The Regulations will subsequently be amended to add wilderness areas in other national parks or national park reserves. Alternatives The status quo is considered unacceptable, since the creation of wilderness areas is an integral part of the National Parks Policy and is authorized under the Canada National Parks Act. Inaction or avoidance of establishing new declared wilderness areas would not reflect the policy's intention, which is to promote the conservation and preservation of extensive areas of a natural region and to maintain ecosystem integrity. There is no alternative mechanism within the Canada National Parks Act that provides the same degree of protection for Zone I and II lands within national parks. The establishment of wilderness areas is the best way to give the public a high degree of confidence that the areas designated as wilderness areas will be managed and used in a way that is consistent with their wilderness character. Benefits and costs Benefits The declaration of wilderness areas within the national parks and the national park reserve will ensure that activities carried out in those areas do not impair their wilderness character. The initiative will prevent development or uses of any type other than those that are clearly authorized in wilderness areas under the Canada National Parks Act. The Regulations will serve to strengthen Parks Canada's ability to carry out its mandate under the Canada National Parks Act, which states that national parks are dedicated to the people of Canada for their benefit, education and enjoyment and shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations. Costs The costs associated with the declaration of wilderness areas in the national parks and the national park reserve are minimal. They are the costs associated with the production of administrative map plans and with the undertaking of public consultations. It would have been more costly to produce a legal description (i.e. a description comprising the latitude and longitude of Zone I and II lands). The management of the wilderness area will involve no additional costs, since any such costs will be absorbed in the operational budget of each park. Consultation Public consultations on the intent to declare wilderness areas in Waterton Lakes National Park of Canada, Fundy National Park of Canada, Vuntut National Park of Canada and Nahanni National Park Reserve of Canada took place during the process for the development and approval of their respective management plans. There is broad public support for this initiative. Waterton Lakes National Park of Canada Public consultations on the intent to declare wilderness areas in Waterton Lakes National Park of Canada were initiated in the spring of 2003. The Park Management Plan newsletter was distributed to all leaseholders and owners of businesses in the park and to nearly 1 000 individuals on the management plan distribution list. The newsletter included details on the proposed wilderness areas and contact names to request additional information and/or to provide comments. Letters were also sent to various local and provincial governments, First Nations members and non-government organizations. Following the public consultation, a few individuals requested and received more information on the proposed wilderness area. However, the field unit received no further comments and, as a result, no changes were made to the proposed boundaries of the wilderness area in Waterton Lakes National Park of Canada. Fundy National Park of Canada Consultations on the management plan review were initiated in 1998. Newsletters and invitations were distributed to the residents of surrounding communities and to organizations and interest groups in the park and throughout New Brunswick. The newsletter included a summary of the benefits and implications of the proposed wilderness area and a map showing the wilderness area boundaries. The community was also invited to attend open-house events where flip charts were set up to allow people to provide their comments. The members of the public and interest groups supported the establishment of a wilderness area in Fundy National Park of Canada and indicated that they would support any measures to protect and maintain the ecological integrity of the park. The field unit received some comments, among which was one proposing the inclusion of a small piece of land already designated Zone I in the wilderness area; others suggested some minor adjustments to the boundaries to exclude certain park facilities. The final description of the wilderness area reflects these minor adjustments. Vuntut National Park of Canada Public consultations on the first management plan for Vuntut National Park of Canada were conducted from the fall of 2000 to the spring of 2002. Included in the management planning process were discussions on the benefits and implications of wilderness declaration. Three newsletters were produced as part of this process and were sent to residents of Old Crow and to a mailing list of approximately 100 interested individuals and organizations in the Yukon, such as tourism industry members and environmental non-governmental organizations. The public had opportunities to comment by email, fax, phone or letter or in person at open houses held in Old Crow and Whitehorse during the management planning process. The comments received were positive, and there was a broad support to declare a wilderness area in the national park. Consultations with key partners, the Vuntut Gwitchin First Nation and the North Yukon Renewable Resources Council, began in October 2003. In November 2003, Parks Canada held a general meeting with the participation of stakeholders. A summary of the directions proposed by the community was distributed to all mailboxes in Old Crow, along with an invitation to community members to meet with Parks Canada staff, members of the Vuntut Gwitchin First Nation and the North Yukon Renewable Resources Council. A joint Kluane National Park and Reserve of Canada/Vuntut National Park of Canada public meeting on the declaration of wilderness areas was also held in Whitehorse. Public notice of the meeting was published in the local newspapers and announced on the radio. Residents of Haines Junction and Old Crow who were unable to attend the meetings held in their communities were invited to send their comments to the Parks Canada office. As a result of the public and stakeholder consultations, the boundary of the wilderness area was modified and expanded to increase protection of sensitive piedmont slopes and wildlife habitat. Nahanni National Park Reserve of Canada The Nahanni National Park Reserve Management Plan was reviewed in 1995 and 2004. Public and stakeholder consultations on the intent to declare a wilderness area were conducted during both review processes. No negative comments were received during either public consultations. Also, in partnership with the Dehcho First Nations, community meetings were held over a two-year period. Positive public feedback received at the community meetings indicates a strong support to declare a wilderness area in Nahanni National Park Reserve of Canada. Compliance and enforcement The administrative amendments to the National Parks Wilderness Area Declaration Regulations will not pose any problems with respect to compliance or enforcement. Any activity or use of public lands that constitute the wilderness area, with the exception of those authorized by the Minister in accordance with the Canada National Parks Act, would be prohibited. Voluntary compliance would be encouraged by informing visitors of the new restrictions associated with activities or uses. Authorized activities or uses would be subject to any conditions deemed necessary by the Minister. Any unauthorized use of the wilderness area constitutes an offence under subsection 24(3) of the Canada National Parks Act subject, on summary conviction, to a fine not exceeding $2,000 or, on conviction on indictment, to a fine not exceeding $5,000 or any lesser maximum amount that may be prescribed by the Regulations in respect of that provision. Marie-Eve Paquet, Project Manager, Legislation and Regulations Division, National Parks Directorate, Parks Canada Agency, Room 406a, 4th Floor, 25 Eddy Street (25-4-Q), Gatineau, Quebec K1A 0M5, 819-997-4262 (telephone), 819-997-0835 (fax). Notice is hereby given that the Governor in Council, pursuant to subsection 14(1) of the Canada National Parks Act (see footnote a), proposes to make the annexed Regulations Amending the National Parks Wilderness Area Declaration 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 Marie-Eve Paquet, Project Manager, Legislation and Regulations Division, National Parks Directorate, Parks Canada, 4th Floor, 25 Eddy Street, Gatineau, Quebec K1A 0M5 (fax: 819-997-0835). Ottawa, November 30, 2006
MARY O'NEILL
REGULATIONS AMENDING THE NATIONAL PARKS WILDERNESS AREA DECLARATION REGULATIONS AMENDMENTS 1. The title of the National Parks Wilderness Area Declaration Regulations (see footnote 1) is replaced by the following: NATIONAL PARKS OF CANADA WILDERNESS AREA DECLARATION REGULATIONS 2. Section 1 of the Regulations is replaced by the following: 1. The regions shown on the administrative map plans, the numbers of which are set out in column 2 of an item of the schedule, that exist in a natural state or that are capable of returning to a natural state are declared to be wilderness areas within the national park of Canada set out in column 1 of that item. 3. The heading "National Park" of column 1 of the schedule to the Regulations is replaced by "National Park of Canada". 4. The portion of items 1 to 4 of the schedule to the Regulations in column 1 is replaced by the following:
5. The schedule to the Regulations is amended by adding the following after item 4:
COMING INTO FORCE 6. These Regulations come into force on the day on which they are registered. [49-1-o] S.C. 2000, c. 32 SOR/2000-387 |
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