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Newfoundland Regulation 1997 Provincial Parks Regulations (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 A. Faour REGULATIONS Analysis 1. Short
title 2. Definitions 3. Prohibitions 4. Exceptions
to prohibition 5. Hunting
in the 6. Possession
of firearms 7. Disturbances
within the park 8. Erection
of structures prohibited 9. Operation
of off-road vehicles 10. Vehicle
operation in Newfoundland T'Railway Provincial Park 11. Off-road
vehicles in Newfoundland T'Railway Provincial Park 12. Driving
restrictions 13. Right-of-way 14. Legal
interests Short title 1. These regulations may be cited as
the Provincial Parks Regulations. 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
vehicles" 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 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, but does not
include ordinary motorized boats; (h) "park"
means a provincial park constituted under the Act; (i) "structure" means a manmade object intended to be permanent
or semipermanent 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. 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. Exceptions to prohibition 4. (1) Notwithstanding subsection
3(1), the minister may where it is not contrary to the Fisheries Act ( (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 ( Hunting in the 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 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 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 T'Railway Provincial
Park which intersects with 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 T'Railway Provincial Park, where the
possession, transportation or carriage of the firearm, ammunition, weapon or
device in the Newfoundland T'Railway Provincial Park is for a purpose
authorized and executed in accordance with section 5. 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. 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. 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; or (d) within
a provincial park or area within a park designated for that use by the
minister. (2) This
section does not apply to the Newfoundland T'Railway Provincial Park. Vehicle operation in Newfoundland 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 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; or (d) the
motor vehicle or four wheel drive vehicle is operated in an area of the park
designated by the minister for that purpose. Off-road vehicles in Newfoundland T'Railway Provincial Park 11. (1) Off-road vehicles are permitted
for use in the Newfoundland T'Railway Provincial Park unless otherwise
prohibited by the minister. (2) Subsection
(1) does not include four wheel drive vehicles. 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 T'Railway
Provincial Park. Right-of-way 13. A person shall not obstruct the
right-of-way of the Newfoundland T'Railway Provincial Park with any object or
structure. Legal interests 14. (1) In the case of the Newfoundland
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. ©Earl G. Tucker, Queen's Printer |