Regional Parks Act, 2013, R-9.11

1 REGIONAL PARKS, 2013 c R-9.11 The Regional Parks Act, 2013 being Chapter R‑9.11* of The Statutes of Saskatchewan, 2013 (effective April 6, 2015), as amended by the Statutes of Saskatchewan, 2014, c.E‑13.1. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. NOTE: This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation. 2 c R-9.11 REGIONAL PARKS, 2013 Table of Contents PART I PART V Preliminary Matters Dissolution of Regional Park Authority 1 Short title 21 Dissolution of regional park authority 2 Interpretation 22 Disposition of assets, liabilities, etc., on dissolution 3 Purposes of Act 23 Termination of certain agreements PART II on dissolution Administration of Act PART VI 4 Responsibilities and powers of minister General 5 Regional parks administration agreement 24 Disposal of land and removal of land 6 Matters arising from entering into a from regional park regional parks administration agreement 25 Deposit and use of moneys by regional PART III park authority Regional Park Authorities 26 Liability of regional park authority 7 Application to establish a regional park authority 27 Appointment of auditor or reviewer 8 Constitution of regional park authority and 28 Audit or review establishment of regional park 29 Establishment of regional parks 9 Representatives on regional park authority not restricted 10 Land acquired for regional park 30 Regulations 11 Amending regional park boundaries and PART VII composition Repeal, Transitional, Consequential 12 Powers of regional park authority and Coming into Force 13 Regional park bylaws 31 SS 1979, c R‑9.1 repealed 14 Borrowing powers 32 Transitional 15 Loans not guaranteed by Minister of Finance 33 SS 2002, c C‑11.1 amended 16 Investments 34 SS 1989‑90, c E‑8.1, section 11 amended PART IV 35 SS 1992, c F‑15.001, section 5 amended Assistance to Regional Parks 36 SS 1996, c F‑19.1, section 2 amended 17 Agreement between minister and regional 37 SS 2005, c M‑36.1 amended park authority 38 SS 1993, c N‑3.1 amended 18 Grants 39 SS 2007, c P‑13.2 amended 19 Assistance by minister 40 SS 1994, c P‑37.1 amended 20 Annual reports re operations, finances, borrowings, investments, audits and reviews 41 SS 1983‑84, c U‑1.2, section 2 amended 42 Coming into force 3 REGIONAL PARKS, 2013 c R-9.11 CHAPTER R-9.11 An Act respecting Regional Parks and making consequential amendments to other Acts PART I Preliminary Matters Short title 1 This Act may be cited as The Regional Parks Act, 2013. Interpretation 2 In this Act: (a) “bylaw” means a bylaw of a municipality or a regional park bylaw made by a regional park authority pursuant to section 13; (b) “council” means the council of a municipality; (c) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (d) “organization” means: (i) a person or body that has as one of his, her or its purposes to develop regional parks, to better the community, to enhance the well‑being of Canadians or to improve the environment; or (ii) a non-profit corporation that is prescribed in the regulations; (e) “regional park” means a park established or continued pursuant to this Act; (f) “regional park authority” means a regional park authority constituted or continued pursuant to this Act; (g) “regional parks administration agreement” means an agreement entered into pursuant to section 5. 2013, c R‑9.11, s 2. 4 c R-9.11 REGIONAL PARKS, 2013 Purposes of Act 3 The purposes of this Act are the following: (a) to encourage the appreciation and use of natural, cultural and recreational resources throughout Saskatchewan; (b) to assist municipalities, local government agencies and organizations in establishing and operating regional parks with a view to making the natural, cultural and recreational resources of Saskatchewan available to the public; (c) to facilitate the establishment and location of regional parks in such a way that the majority of Saskatchewan residents will be within a reasonable driving distance of a regional park. 2013, c R‑9.11, s 3. PART II Administration of Act Responsibilities and powers of minister 4(1) The minister is responsible for all matters not by law assigned to any other minister or government agency relating to the establishment, development and enhancement of regional parks. (2) For the purposes of carrying out the minister’s responsibilities, the minister may: (a) create, develop, adopt, co‑ordinate and implement policies, strategies, objectives, guidelines, programs, services and administrative procedures respecting regional parks; (b) undertake and co‑ordinate planning, research and investigations respecting regional parks; (c) provide information to the public respecting regional parks; and (d) do any other thing that the minister considers appropriate to carrying out the minister’s responsibilities or to exercising the minister’s powers pursuant to this Act and the regulations. 2013, c R‑9.11, s 4. Regional parks administration agreement 5(1) Subject to the approval of the Lieutenant Governor in Council, the minister may enter into a regional parks administration agreement with any person. (2) In a regional parks administration agreement entered into pursuant to subsection (1), the minister may delegate all or any of the minister’s powers and duties pursuant to this Act or the regulations with respect to all regional parks or with respect to any regional park listed in the agreement other than the power to request reports and statements pursuant to section 20. 5 REGIONAL PARKS, 2013 c R-9.11 (3) A regional parks administration agreement must include provisions that specify all of the following: (a) the powers and duties pursuant to this Act being delegated to the person with whom the agreement is entered into; (b) the expected outcomes to be achieved by the person with whom the agreement is entered into; (c) the acceptance by the person with whom the agreement is entered into of the person’s responsibility to exercise the powers and fulfil the duties delegated to the person; (d) the requirement that the person with whom the agreement is entered into report to the minister whenever required by the minister and in the manner and within the period directed by the minister; (e) the requirement that the person with whom the agreement is entered into provide the minister, within a period after the end of a year that is specified in the agreement, with: (i) an annual report on the person’s activities during the year in carrying out the provisions of the agreement; and (ii) an audited financial statement satisfactory to the minister respecting the person’s carrying out the provisions of the agreement; (f) the requirements for records management by the person with whom the agreement is entered into; (g) the requirement that the person with whom the agreement is entered into report to the Government of Saskatchewan with respect to the exercise by it of the powers and the fulfilment by it of the duties delegated to the person; (h) the requirement that the person with whom the agreement is entered into carry adequate insurance; (i) provisions for indemnification between the person with whom the agreement is entered into and the Government of Saskatchewan; (j) the obligations of the parties if the agreement is terminated; (k) the period of the agreement or the procedure for the review of the agreement by the minister and the person with whom the agreement is entered into; (l) provisions for the settlement of disputes; (m) a specification of the liability of the person with whom the agreement is entered into arising out of the person’s carrying out of the provisions of the agreement; (n) the terms and conditions that are to be imposed on the person with whom the agreement is entered into in carrying out the provisions of the agreement; (o) any additional matters prescribed in the regulations. 6 c R-9.11 REGIONAL PARKS, 2013 (4) The delegation of the administration of all or part of this Act or the regulations to a person in accordance with this section does not constitute the person as an agent of the Crown in right of Saskatchewan. (5) Notwithstanding any provision of a regional parks administration agreement or any other Act or law but subject to subsection (6), the minister may terminate a regional park administration agreement if the minister is satisfied that the person with whom the agreement is entered into is not complying with the agreement or this Act or the regulations. (6) A regional parks administration agreement may be terminated only in accordance with the procedures and on the terms prescribed in the regulations. (7) In accordance with section 13 of The Executive Government Administration Act, the minister shall lay before the Legislative Assembly every regional parks administration agreement entered into by the minister within 90 days after the agreement is entered into. 2013, c R‑9.11, s 5; 2014, c E‑13.1, s 62. Matters arising from entering into a regional parks administration agreement 6(1) In this section, “specified provisions” means the provisions of this Act or the regulations that are mentioned in a regional parks administration agreement. (2) Notwithstanding any other provision of this Act or the regulations or any other Act or law but subject to subsection (3), if the minister and a person enter into a regional parks administration agreement: (a) a reference to the minister in the specified provisions is deemed to be a reference to the person with whom the agreement is entered into, and the person may exercise the powers of, and shall fulfil the duties imposed on, the minister that are mentioned in those provisions; and (b) all applications, reports and returns that are required to be made to the minister other than the reports and statements required pursuant to section 20, and all information and documentation that is required to be provided to the minister, pursuant to the specified provisions shall be made or provided to the person with whom the agreement is entered into. (3) In a regional parks administration agreement, the parties may provide that all or any of the matters mentioned in subsection (2): (a) do not apply; or (b) are to apply in the manner and with the modifications set out in the agreement. 2013, c R‑9.11, s 6. 7 REGIONAL PARKS, 2013 c R-9.11 PART III Regional Park Authorities Application to establish a regional park authority 7(1) Any one or more municipalities and organizations may apply to the minister to establish a regional park authority. (2) An application pursuant to this section must: (a) be in a form prescribed by the minister; (b) subject to subsection (3), have amongst its applicants the municipality or municipalities whose boundaries will border the regional park being proposed in the application; and (c) contain: (i) a description of the land intended to be used as the proposed regional park; (ii) the names of the municipalities and organizations to be represented and the persons who will represent them on the proposed regional park authority; and (iii) an outline of a development program for the proposed regional park, and the projected development costs for the proposed regional park, for the period for which the municipalities and organizations have made a financial commitment. (3) The minister may accept an application pursuant to this section that does not have amongst its applicants the municipality or municipalities whose boundaries will border the proposed regional park if the minister is satisfied that the participation of the municipality or municipalities is not necessary and that it is otherwise appropriate to accept the application. 2013, c R‑9.11, s 7. Constitution of regional park authority and establishment of regional park 8(1) On receipt of an application pursuant to section 7 and if the minister is satisfied that it is in the public interest to do so, the minister may, by order: (a) constitute the regional park authority; and (b) establish the regional park to consist of the land described in the application. (2) A regional park authority constituted pursuant to this Act is a corporation consisting of the following members: (a) the representatives appointed by the municipalities or organizations applying for the establishment of the regional park authority; and (b) if a regional park bylaw mentioned in subsection 9(3) has been enacted, the members‑at‑large mentioned in that bylaw. 2013, c R‑9.11, s 8. 8 c R-9.11 REGIONAL PARKS, 2013 Representatives on regional park authority 9(1) If a regional park authority consists of the representatives of one municipality only, the number of representatives must be determined by that municipality. (2) In the case of a regional park authority other than one described in subsection (1), the number of representatives of each municipality and organization constituting the regional park authority must be determined by agreement between the municipalities and organizations. (3) Subject to subsection (4), if a regional park authority has enacted a regional park bylaw for the purpose, a regional park authority may also consist of members‑at‑large. (4) The number of members‑at‑large is not to exceed 40% of the total number of members of the regional park authority. (5) A municipality or organization may, at any time, terminate the appointment of any of its representatives, and may, by resolution of the council or of the governing body of the organization, appoint in that person’s place a substitute representative to the regional park authority. 2013, c R‑9.11, s 9. Land acquired for regional park 10 A regional park authority shall provide the minister with an accurate description of any land acquired for the purposes of a regional park as soon as possible after it has been acquired. 2013, c R‑9.11, s 10. Amending regional park boundaries and composition 11(1) If the minister is satisfied that it is necessary or appropriate to do so in the public interest, the minister may, by order: (a) alter the boundaries of a regional park; and (b) amend or alter the membership of a regional park authority responsible for the administration of the regional park. (2) Every order made pursuant to subsection (1) must be published in the Gazette. 2013, c R‑9.11, s 11. Powers of regional park authority 12 Subject to the other provisions of this Act and to the regulations, a regional park authority may establish and operate a regional park and for that purpose may: (a) acquire by purchase, lease, gift or otherwise any real property that it considers suitable for the purposes of the regional park; (b) accept grants from any person, municipality or organization in the form of money, land or any other thing that may be useful in the establishment, development or operation of the regional park; 9 REGIONAL PARKS, 2013 c R-9.11 (c) raise moneys by the levy of lease fees, concession fees, gate tolls, camping fees, trailer and parking rentals, licences and other charges on any person or with respect to any property in the regional park; (d) employ any persons required for the establishment or operation of the regional park; (e) enter into any agreements that it considers necessary to carry out its purposes; (f) provide for the administration, operation, control and use of the regional park; and (g) do any other thing that it considers necessary, incidental or conducive to carry out its purposes or to exercise its powers. 2013, c R‑9.11, s 12. Regional park bylaws 13 Subject to the regulations, a regional park authority may make regional park bylaws: (a) providing for the health, protection, safety and general welfare of persons within the regional park; (b) providing for the protection and safety of property within the regional park; (c) designating any area of a regional park as a public campground; (d) appointing, defining the duties of and fixing the remuneration of a constable for the purpose of enforcing the park bylaws within the regional park; (e) providing for fire protection within the regional park; (f) providing for the removal of wastes and the prevention of litter or other nuisances within the regional park; (g) subject to The Traffic Safety Act: (i) regulating the speed of motor vehicles within the regional park; (ii) preventing or restricting and regulating the parking of vehicles within the regional park; or (iii) restricting, controlling and regulating the movement of vehicles within the regional park; (h) preventing the possession or use of firearms, poisons or other dangerous articles or materials within the regional park; (i) subject to The Highways and Transportation Act, 1997 and the regulations made pursuant to that Act, respecting the direction, control and management of all streets, lanes, buffer strips, trails and pathways within the regional park and all roads, other than provincial highways, within the regional park; 10 c R-9.11 REGIONAL PARKS, 2013 (j) subject to The Planning and Development Act, 2007 and with the consent of the owners of land within the boundaries of the regional park, respecting the development of a zoning plan and a basic planning statement for the park; (k) for the purposes of subsection 9(3): (i) authorizing the election or appointment of members‑at‑large in order to allow participation of others in the development and operation of a regional park; and (ii) establishing the requirements respecting eligibility to be a member‑at‑large and any other matters that the regional park authority considers necessary; (l) respecting fees for entry to the regional park and for use of recreational facilities within the regional park; and (m) respecting anything the regional park authority considers necessary for the effective administration of the authority. 2013, c R‑9.11, s 13. Borrowing powers 14(1) A regional park authority may borrow any amount of moneys that it considers will be required to fund its operations or to fulfil its purposes. (2) A regional park authority may provide any guarantee or security that it considers appropriate respecting a loan. 2013, c R‑9.11, s 14. Loans not guaranteed by Minister of Finance 15 No loan made pursuant to section 14 is to be guaranteed by the Minister of Finance, and the Government of Saskatchewan is not liable for the repayment of that loan or any interest, principal or premium respecting that loan. 2013, c R‑9.11, s 15. Investments 16 A regional park authority may: (a) invest any part of the capital or operating moneys of the regional park authority, and any proceeds of investment of those moneys, in: (i) securities of the Government of Canada or of any province of Canada; (ii) securities whose payment is guaranteed by the Government of Canada or of any province of Canada; (iii) securities of a municipality or of any other municipal corporation, school division or regional health authority in Saskatchewan; or (iv) deposit certificates or similar investments issued by a bank, trust corporation or credit union; and 11 REGIONAL PARKS, 2013 c R-9.11 (b) dispose of any investments made pursuant to clause (a) on any terms and conditions and in any manner that the regional park authority considers appropriate. 2013, c R‑9.11, s 16. PART IV Assistance to Regional Parks Agreement between minister and regional park authority 17(1) Subject to the regulations, the minister may enter into an agreement with a regional park authority to provide for the establishment of facilities and other works within the regional park and the operation and maintenance of the regional park. (2) The minister shall obtain the approval of the Lieutenant Governor in Council before entering into any agreement pursuant to subsection (1) if the Government of Saskatchewan is liable to make any expenditure that is greater than $50,000 in any fiscal year of the Government of Saskatchewan. 2013, c R‑9.11, s 17. Grants 18(1) The minister may make grants to a regional park authority for any purpose related to facilities or other works within the regional park or the operation and maintenance of the regional park. (2) The minister shall obtain the approval of the Lieutenant Governor in Council before making any grant pursuant to subsection (1) that is greater than $50,000 in any fiscal year of the Government of Saskatchewan. 2013, c R‑9.11, s 18. Assistance by minister 19 The minister may, without charge, assist a regional park authority with respect to any matter that the minister considers necessary, including technical advice in planning, designing and operating a regional park. 2013, c R‑9.11, s 19. Annual reports re operations, finances, borrowings, investments, audits and reviews 20(1) On or before April 1 in each year, a regional park authority shall prepare and submit to each municipality and organization represented on the regional park authority: (a) an annual report respecting the operations of the regional park authority for the previous year and the finances of the regional park authority as at December 31 of the previous year; (b) a copy of a report respecting all outstanding borrowings and current investments of the regional park authority as at December 31 of the previous year; and (c) the audited statement or the report on the review required pursuant to section 28 for the previous year. 12 c R-9.11 REGIONAL PARKS, 2013 (2) If requested by the minister, a regional park authority shall provide to the minister, in a form acceptable to the minister and within the time specified by the minister, a copy of the reports and statements mentioned in subsection (1). (3) In accordance with section 13 of The Executive Government Administration Act, the minister shall lay before the Legislative Assembly each report and statement requested and received by the minister pursuant to this section. 2013, c R‑9.11, s 20; 2014, c E‑13.1, s 62. PART V Dissolution of Regional Park Authority Dissolution of regional park authority 21(1) Subject to the approval of the Lieutenant Governor in Council, the minister may, by order, dissolve a regional park authority if: (a) the minister is satisfied that the regional park authority has failed to carry out its responsibilities; or (b) the regional park authority requests that it be dissolved and satisfies the minister that it is in the public interest that the regional park authority be dissolved. (2) Before making an order pursuant to clause (1)(a), the minister shall: (a) notify the regional park authority in writing of the minister’s intention to act; and (b) give the regional park authority an opportunity to make written representations. 2013, c R‑9.11, s 21. Disposition of assets, liabilities, etc., on dissolution 22 Before an order is made pursuant to section 21, the minister may: (a) require the municipalities and organizations represented on the regional park authority to employ, at their own expense, a person who shall: (i) sell, distribute or release all the real property and other assets of the regional park authority; (ii) satisfy all valid claims against the regional park authority to the extent of the funds available; and (iii) report fully respecting the discharge of his or her duties to the minister and the municipalities and organizations represented on the regional park authority; (b) require the submission for approval of a plan or arrangement for the disposition of the assets of the regional park that the minister considers to be in the public interest and to deal with any outstanding liabilities or debts; and (c) require that any leased Crown land revert back to the Crown in right of Saskatchewan on dissolution of the regional park authority. 2013, c R‑9.11, s 22. 13 REGIONAL PARKS, 2013 c R-9.11 Termination of certain agreements on dissolution 23 If a regional park authority is dissolved, every agreement entered into by the regional park authority, between municipalities, between municipalities and organizations, or between organizations, with respect to the establishment or operation of a regional park by that regional park authority is deemed to be terminated on the day of dissolution. 2013, c R‑9.11, s 23. PART VI General Disposal of land and removal of land from regional park 24(1) No land acquired by a regional park authority by purchase, lease or gift is to be withdrawn or sold from the area designated as a regional park without the consent of: (a) the minister; and (b) subject to subsection (3), the municipalities and organizations that are represented on the regional park authority. (2) The owner of land within the boundaries of a regional park may recommend to the regional park authority and the minister that the land be removed from the regional park. (3) The minister may, by order, remove the lands from the regional park if the minister is satisfied that lands acquired by a regional park authority: (a) are not being used appropriately; or (b) are no longer required for the purposes of the regional park. 2013, c R‑9.11, s 24. Deposit and use of moneys by regional park authority 25 All moneys received by a regional park authority must be deposited in a bank or in a credit union, and those moneys must only be expended pursuant to a resolution of the regional park authority. 2013, c R‑9.11, s 25. Liability of regional park authority 26(1) All costs, claims and charges arising out of the establishment or operation of a regional park are the responsibility of the regional park authority that established or operates the regional park. (2) No action or proceeding arising out of, related to or incidental to the establishment or operation of a regional park lies or shall be commenced against the minister, the ministry, the Crown in right of Saskatchewan or any municipality, organization or member‑at‑large represented on the regional park authority. 2013, c R‑9.11, s 26. 14 c R-9.11 REGIONAL PARKS, 2013 Appointment of auditor or reviewer 27(1) In this section and in section 28, “auditor” means a person who is or, in the case of a firm of accountants, a firm at least one of whose partners is a member in good standing of a recognized accounting profession that is regulated by an Act. (2) Subject to subsection (3), not later than November 30 in each year, each regional park authority shall appoint an auditor to audit the financial statements of the regional park authority for the year. (3) In the circumstances prescribed in the regulations, a regional park authority may pass a resolution to dispense with the appointment of an auditor. (4) A resolution made pursuant to this section is only valid for the year in which it was made. (5) If the regional park authority dispenses with the appointment of the auditor, the regional park authority shall appoint a person who meets the qualifications prescribed in the regulations to review the financial statements of the regional park authority for that year. 2013, c R‑9.11, s 27. Audit or review 28(1) The auditor mentioned in section 27 shall prepare and submit an audited statement to the regional park authority within 90 days after the end of the year in which he or she is appointed. (2) If a regional park authority has dispensed with the appointment of an auditor pursuant to subsection 27(3), the person appointed to undertake a review of the financial statements of the regional park authority shall conduct and report on the review within 90 days after the end of the year in which he or she is appointed. (3) The audited statement mentioned in subsection (1) or the report on the review mentioned in subsection (2) must be considered at the next regular meeting of the regional park authority. 2013, c R‑9.11, s 28. Establishment of regional parks not restricted 29 Nothing in this Act or the regulations prevents a municipality or organization: (a) from participating in the establishment or operation of more than one regional park; (b) from establishing or operating a park that is not a regional park. 2013, c R‑9.11, s 29. Regulations 30 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) for the purposes of clause 5(3)(o), prescribing matters to be included in a regional parks administration agreement; 15 REGIONAL PARKS, 2013 c R-9.11 (c) for the purposes of subsection 5(6), prescribing the procedures for and terms of terminating a regional parks administration agreement; (d) respecting the constitution of a regional park authority; (e) prescribing the powers and duties of a regional park authority; (f) respecting the administration, operation, control and use of regional parks, including requiring that regional parks be administered in a manner that will ensure that the public derives the greatest benefit from those parks; (g) for the purposes of section 13, prescribing the process for making regional park bylaws; (h) respecting the terms and conditions of an agreement entered into pursuant to section 17; (i) respecting the grants provided to regional park authorities, including eligibility for that assistance; (j) for the purposes of section 27, prescribing the circumstances in which a regional park authority may dispense with the appointment of an auditor; (k) prescribing any other matter or thing that is required or authorized by this Act to be prescribed in the regulations; (l) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2013, c R‑9.11, s 30. PART VII Repeal, Transitional, Consequential and Coming into Force SS 1979, c R-9.1 repealed 31 The Regional Parks Act, 1979 is repealed. 2013, c R‑9.11, s 31. Transitional 32(1) In this section, “former Act” means The Regional Parks Act, 1979 as that Act existed on the day before the coming into force of this Act. (2) All bylaws of a regional park authority that were continued or made pursuant the former Act are continued as regional park bylaws until they are otherwise amended or repealed in accordance with this Act. (3) Every regional park authority constituted or continued, and every regional park established or continued, pursuant to the former Act is continued and may be dealt with pursuant to this Act as if constituted or established pursuant to this Act. (4) A contract entered into by a regional park authority pursuant to the authority of the former Act or any former Regional Parks Act is deemed to have been entered into pursuant to the authority of this Act and may be dealt with as if entered into pursuant to this Act. 2013, c R‑9.11, s 32. 16 c R-9.11 REGIONAL PARKS, 2013 33 to 41 Dispensed. This/these section(s) makes consequential amendments to another/other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the amendments have been incorporated into the corresponding Act(s). Please refer to the Separate Chapter to obtain consequential amendment details and specifics. Coming into force 42 This Act comes into force on proclamation. 2013, c R‑9.11, s 42. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2015