NLR 91/97 - Provincial Parks Regulations under the Provincial Parks Act

NEWFOUNDLAND AND LABRADOR REGULATION 91/97 Provincial Parks Regulations under the Provincial Parks Act (O.C. 97-510) Amended by: 26/99 2001 c42 s45 38/04 36/05 42/06 2006 c40 s15 61/07 25/08 34/09 65/09 25/10 47/11 30/13 26/17 2019 c8 s29 2021 cO-5.1 s50 NEWFOUNDLAND AND LABRADOR REGULATION 91/97 Provincial Parks Regulations under the Provincial Parks Act (O.C. 97-510) (Filed July 14, 1997) Under the authority of section 8 of the Provincial Parks Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s , July 10, 1997 . A. Faour Deputy Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Prohibitions 4. Exceptions to prohibition 5. Hunting in the Newfoundland and Labrador T’Railway Park 6. Possession of firearms 6.1 Rep. by 2019 c8 s29 7. Disturbances within the park 8. Erection of structures prohibited 9. Operation of off-road vehicles 10. Vehicle operation in Newfoundland and Labrador T’Railway Provincial Park 11. Off-road vehicles in Newfoundland and Labrador T’Railway Provincial Park 12. Driving restrictions 13. Right-of-way 14. Legal interests 15. Entry permit required 16. Use of aircraft 17. Scientific research Short title 1. These regulations may be cited as the Provincial Parks Regulations . 91/97 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Provincial Parks Act ; (b) "animate" means any object that possesses or is characterized by life and includes all plant and animal life; (c) "game" means all wild mammals, amphibians, reptiles and wild birds and includes the heads, skins and any part of those wild mammals, amphibians, reptiles and wild birds; (d) "hunting" includes chasing, pursuing, worrying, following after or on the trail of, or searching for or lying in wait for wildlife that is then or later captured, injured or killed, and "hunt" and "hunter" have a corresponding meaning; (e) "inanimate" means any object that is not living; (f) "officer" means an officer appointed under the Act; (g) "off-road vehicle" means a motorized vehicle designed for, or capable of, travel on unprepared surfaces including water, snow, ice, marsh, bog or swampland or on other natural terrain and includes: (i) lower pressure tire vehicles, (ii) four wheel drive vehicles, (iii) all terrain vehicles and all terrain cycles, (iv) personal watercrafts, including motorized boats, jet-skis, sea-doos and wave-runners, (v) motor cycles and related two wheel motorized vehicles including dirt bikes, (vi) snowmobiles, (vii) mini bikes, (viii) amphibious machines, (ix) trail bikes, and (x) any other means of transportation propelled by power other than by muscular power or by wind; (h) "park" means a provincial park constituted under the Act; (i) "structure" means a constructed or fabricated object intended to be permanent or semi permanent in nature and includes a (i) house, (ii) cottage, (iii) cabin, (iv) wharf, (v) dock, (vi) boathouse, (vii) slipway, (viii) trailer, (ix) mobile home, (x) tent, (xi) tent platform, and (xii) recreational vehicle used for any purpose, including a motor vehicle; and (j) "wild life" means wild life as defined by the Wild Life Act . 91/97 s2 ; 2006 c40 s15 ; 26/17 s1 Back to Top Prohibitions 3. (1) A person shall not, except in accordance with a permit for management or scientific purposes, remove, harm, hunt, chase, destroy or cause damage to any object whether animate or inanimate that is contained within the boundaries of a provincial park. (2) A person shall not introduce to a provincial park a plant or animal species except in accordance with a permit for management or scientific purposes. 91/97 s3 Back to Top Exceptions to prohibition 4. (1) Notwithstanding subsection 3(1), the minister may where it is not contrary to the Fisheries Act ( Canada ) or the regulations made under that Act, allow fishing or angling to occur within a park. (2) Notwithstanding subsection 3(1), the minister may allow hunting within a waterway provincial park and in accordance with permits and licences issued under the Wild Life Act or the Migratory Birds Convention Act ( Canada ) or regulations made under these Acts. 91/97 s4 Back to Top Hunting in the Newfoundland and Labrador T’Railway Park 5. (1) Notwithstanding subsection 3(1), hunting in accordance with the Wild Life Act and regulations made under that Act is permitted in the Newfoundland and Labrador T’Railway Provincial Park. (2) For the purpose of this section, "hunting" includes chasing, pursuing, following after or on the trail of, or searching for wild life, but does not include the capture, injury or killing of wild life. (3) For the purpose of this section, the Newfoundland and Labrador T’Railway Provincial Park is considered to be a public road under subsection 107(20) of the Wild Life Regulations . (4) This section does not apply to that portion of the Newfoundland and Labrador T’Railway Provincial Park which intersects with Cheeseman Provincial Park . 91/97 s5 ; 2001 c42 s45 Back to Top Possession of firearms 6. (1) A person shall not in a park, except in a Waterway Park and T’Railway Park designated for hunting under subsection 4(2) and section 5 carry or have in his or her possession a rifle, shotgun, airgun or other type of gun or any other device for killing, trapping or otherwise destroying or capturing game except under a permit issued by the minister or in accordance with this section. (2) Where a provincial highway or portion of it passes through a provincial park, or a section of a provincial park, firearms, ammunition, firearms, or other wildlife threatening devises must be sealed, or dismantled, cased or securely wrapped and tied, and kept in the transporting vehicle in a manner that is inaccessible to the vehicle occupants while they are riding in the vehicle. (3) Subsection (2) does not apply to the Newfoundland and Labrador T’Railway Provincial Park, where the possession, transportation or carriage of the firearm, ammunition, weapon or device in the Newfoundland and Labrador T’Railway Provincial Park is for a purpose authorized and executed in accordance with section 5. 91/97 s6 ; 2001 c42 s45 Back to Top Rep. by 2019 c8 s29 6.1 [Rep. by 2019 c8 s29] 2019 c8 s29 Back to Top Disturbances within the park 7. (1) A person shall not act in a park in a manner that (a) disturbs or is likely to disturb other persons in the park; (b) causes inconvenience or embarrassment to those other persons; or (c) that is, in the opinion of an officer, noisy, offensive or objectionable. (2) A person shall not obstruct, hinder or otherwise interfere with or wilfully furnish false information to an officer while in the discharge of his or her duties. (3) A person who violates subsections (1) and (2) may, in addition to any other penalty prescribed by the Act or these regulations be summarily removed from the park by an officer. 91/97 s7 Back to Top Erection of structures prohibited 8. A person shall not erect a structure in a park except in those places that the minister designates for that purpose. 91/97 s8 Back to Top Operation of off-road vehicles 9. (1) A person shall not operate an off road vehicle in a provincial park except: (a) an authorized park employee in the course of his or her duties; (b) a person who operates a four wheel drive vehicle registered or required to be registered under the Highway Traffic Act and then only upon roadways within a provincial park designated for that use by the minister; (c) a person who operates an off road vehicle under a written permit from the minister; (d) within a provincial park or area within a park designated for that use by the minister; or (e) a person who operates a motorized boat with a motor having less than 10 horsepower unless within an area in a provincial park where operation is otherwise prohibited by the minister. (2) This section does not apply to the Newfoundland and Labrador T’Railway Provincial Park. (3) Notwithstanding subsection (1), a person may operate a snowmobile in the Main River Waterway Provincial Park . 91/97 s9 ; 2001 c42 s45 ; 65/09 s1 ; 26/17 s2 Back to Top Vehicle operation in Newfoundland and Labrador T’Railway Provincial Park 10. A person shall not operate a motor vehicle or four wheel drive vehicle, except an off-road vehicle, in the Newfoundland and Labrador T’Railway Provincial Park unless (a) that person is an authorized park employee in the course of his or her duties; (b) the motor vehicle or four wheel drive is lawfully being operated on a provincial highway that intersects the park; (c) the motor vehicle or four wheel drive vehicle is lawfully being operated on a roadway or other highway that has been designated by the minister for that purpose; (d) the motor vehicle or four wheel drive vehicle is operated in an area of the park designated by the minister for that purpose; or (e) that person operates a motor vehicle under the authority of a written permit from the minister. 91/97 s10 ; 26/99 s1 ; 2001 c42 s45 Back to Top Off-road vehicles in Newfoundland and Labrador T’Railway Provincial Park 11. (1) Off-road vehicles are permitted for use in the Newfoundland and Labrador T’Railway Provincial Park unless otherwise prohibited by the minister. (2) Subsection (1) does not include four wheel drive vehicles. (3) The requirement for a sticker, marker or permit under section 7.1 of the Motorized Snow Vehicles and All-terrain Vehicles Regulations applies to the use of a motorized snow vehicle on a managed trail in the Newfoundland and Labrador T'Railway Provincial Park. (4) In this section (a) "managed trail" means managed trail as defined in the Off-Road Vehicles Act ; and (b) "motorized snow vehicle" means motorized snow vehicle as defined in the Off-Raod Vehicles Act . 91/97 s11 ; 2001 c42 s45 ; 30/13 s1 ; 2021 cO-5.1 s50 Back to Top Driving restrictions 12. The minister may designate vehicle speed limits and require off-road and motor vehicle operators to adhere to restrictions to ensure safe movement through the Newfoundland and Labrador T’Railway Provincial Park. 91/97 s12 ; 2001 c42 s45 Back to Top Right-of-way 13. A person shall not obstruct the right-of-way of the Newfoundland and Labrador T’Railway Provincial Park with any object or structure. 91/97 s13 ; 2001 c42 s45 Back to Top Legal interests 14. (1) In the case of the Newfoundland and Labrador T’Railway Provincial Park, the minister may where he or she believes it to be consistent with the law and policy relating to crown land and not to be contrary to the public interest confirm any legal interest that was granted by Canadian National Railway, granted by the Crown or acquired by adverse possession against Canadian National Railways or the Crown by issuance of a permit, licence or confirmation in a form acceptable to him or her. (2) Where an interest confirmed under subsection (1) conflicts with these regulations the interest shall prevail over the regulations to the extent of the inconsistency. 91/97 s14 ; 2001 c42 s45 Back to Top Entry permit required 15. A person or corporation pursuing a commercial enterprise shall not enter the Main River Waterway Provincial Park without first obtaining a permit to enter from the minister. 65/09 s2 Back to Top Use of aircraft 16. (1) A person shall not land an aircraft in or take off in an aircraft from a provincial park unless he or she had first obtained a permit to do so from the minister. (2) Subsection (1) does not apply where the health or safety of a person requires that an aircraft land in or take off from a provincial park without a permit to do so first having been obtained from the minister. 65/09 s2 Back to Top Scientific research 17. (1) A person shall not conduct scientific research in a provincial park unless he or she has obtained a permit to do so from the minister. (2) Permits may be obtained from the minister upon submission of a written request fully outlining and detailing the research project, and subject to the terms and conditions that the minister may determine. 65/09 s2