Bill 75 (Legislature 11, Session 4)

L11 S4 6986

Alberta — Bills

Bill No. 75 of 1951. A BILL RESPECTING PROVINCIAL PARKS. NOTE. This Bill repeals The Provincial Parks and Protected A reas Act and enacts a new Act in its stead to be known as "The Provincial Parks Act". The administration of this Act is being transferred from the Department of Public Works to the Department of Lands and Forests so the

definitions of "Department" and "Minister", etc., in the

interpretation

section are amended a,ccordingly. The Lieutenant Governor in Council is empowered to constitute any area of land as a provincial park by the publication of an order in The Alberta Gazette. Existing provincial parks are continued as such. The Minister, with the approval of the Lieutenant Governor in Council, may purchase, expropriate or otherwise acquire land for a public park. Lands within a park are withdrawn from sale and permanent occupation. All provincial parks are constituted game preserves and bird sanctuaries and hunting and shooting within a park are prohibited.

A Provincial Parks Board is constituted to administer the parks. The Board consists of not more than three mem bers appointed by the Lieutenant Governor in Council. Board members hold office during pleasure and receive such remuneration as may be fixed by the Lieutenant Governor in Council. Provision is made for the appointment of an advisory committee of not more than three members for any par ticular park. The Board may consult with any such com mittee with respect to the administration of that park.

The members of advisory ,committees serve without compensa tion but they are entitled to receive their actual disburse ments for expenses in visiting or inspecting parks at the request of the Board. The Minister is given wide powers with respect to parks which are set out in detail in the Act. The Minister may delegate any of his duties to the Board. The Lieutenant Governor in Council also has broad power to make regula tions under the Act. All regulations or orders are required to be published in The Alberta Gazette.

ii The Bill contains several provisions relating to roads in provincial parks. These prOovisions deal, among other things, with the power of the Minister to open and close them, and tOo maintain and repair them. The Minister is empowered to prohibit all travelling or camping in a park without a special permit. The grazing of stock within a park is prOohibited unless the owner has a permit from the Minister. Stock found grazing within a park may be seized and sold at public auction. The proceeds of the sale are to be paid Oover to the Minister.

Any lease, license or permit issued under this Act and held by any person convicted of an offence against this Act is automatically deemed to be -cancelled. Other penalty provisions for violation of various provisions of the Act are also included. This Bill comes into for-ce upon assent. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 75 of 1951.

An Act respecting Provincial Parks. (Assented to ,1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as fOollows:

Short Title. 1. This Act may be ·cited as "The Provincial Parks Act".

Short title

Interpretation. 2.

In this A'ct, unless the context otherwise requires,- t1ntt.erpre-a IOn (a) "Board" means the Provincial Parks BOoard ap- "Board" pointed under the provisions of this Act; (b) "Department" means the Department of Lands "Depart- and Forests; ment" (c) "freehold lands" means lands he,ld in fee simple; "free~ol4 (d) "I I d" " d" b ·1 lands oca roa or roa means any road UI t Oor "local road" operated by the Board; or "road" (e) "Minister" means the Minister of Lands and "Minister" FOorests; (/) "officer" means any officer appointed under the pro- "officer" visions of The Public Service Act, 1947, and such other persons as may be appointed by the Minister and the Board to perform any function incidental tOo the administration of provincial parks; (g) "park" means any area comprising lands for the "park" time being set aside as a provincial park pursuant to this Act; (h) "public lands" means all real property of whatso- "publ,i,c ever nature or kind tOo which this Act applies, and lands all trees and timbers thereon and the beds of rivers, lakes and streams.

Application of Act. 3.

(1) This Act and the regulations made thereunder Applica.tion shall apply tOo all lands within the boundaries of any park of Act established pursuant to this Act.

(2) In case any ,conflict arises between any of the provisiOons Oof this Act and any of the provisions of any other Act, the provisions of this Act shall prevail.

Lieutenant Governor in Council may constitute, accept gift of land for and declare name of pro vincial park 2 Establishment of Parks. 4.

(1) The Lieutenant Governor in Council may,- (

a) constitute any area of land a provincial park; and (

b) accept a gift of land from any person for that purpose; and (

c) declare by what name a park shall be known.

(2) Upon the publication of the order of the Lieutenant Governor in Council in The Alberta Gazette the area de scribed in the order shall thereupon be constituted a pro vincial park within the meaning of this Act. Park consti- 5. Every park constituted pursuant to The Provincial ~u~:~~~!~ Parks and Protected Areas Act, being

chapter 64 of the cial Parks Revised Statutes of Alberta, 1942, is hereby continued as a and Protected •• Areas Act prOVInCIal park. continued Minister may acquire land for park Vesting of title to park lands Addition to or with drawalof park lands Use of park Game preserves and bird sanctuaries 6.

(1) The Minister, with the approval of the Lieuten ant Governor in Council, may purchase, expropriate or otherwise acquire any land within a park or which adjoins and is surrounded on three sides by any park, the title to which is not vested in the Crown in the right of the Province, or may exchange therefor available public lands situated outside the boundaries of the park, and, where necessary, may make compensation upon an ex,change.

(2) Upon the vesting of title to such lands in the Crown in the right of the Province, such lands shall thereupon be deemed to be part of the park for all purposes. 7. The Lieutenant Governor in Council may increase any park by the addition of lands or decrease any park by the withdrawal of lands or declare lands previously constituted as a park to be to no longer a park within the meaning of this Act. '8.

(1) Every park shall be used for the pleasure, recrea tion and general benefit of the inhabitants of the Province and for the conservation, maintenance and protection of animal, bird and fish life therein, and the preservation of geological, ethnological, historical or other scientific in terest.

(2) The land constituting a park shall be withdra~ from sale and permanent occupation. 9. All parks constituted pursuant to this Act are hereby declared to be game preserves and bird sanctuaries and no person shall at any time hunt, shoot at, take or kill any animal or bird within any park unless he is expressly authorized to do so by the Minister upon the recommenda tion of the Board.

8 1.0.

(1) N o.twithstanding the pro.VlSIOns o.f any o.ther Disposition Act, all public lands within the bo.undaries o.f any park f:~~b~fthin established by this Act are hereby withdrawn fro.m diSpo.si- park . t · d th . . f th A t I· boundartes IQn un er e prQVISIOnS 0. any 0. er c o.r regu atIOn made thereunder, except with the written co.nsent o.f the Minister o.f Lands and Fo.rests.

(2) No. public lands within the bo.undaries o.f a park shall be leased o.r o.therwise dispo.sed o.f, o.r be lo.cated o.r settled upo.n, and no. perso.n shall use o.r occupy any part o.f such puli»Iic lands except under the autho.rity o.f this Act o.r o.f the regulatio.ns made thereunder. 1.1.

Any area o.f land which the Lieutenant Go.verno.r in Provincial CQuncil co.nstitutes a pro.vincial park shall be deemed to. be ~~~~i~~:~d a public wo.rk within the meaning o.f The Surveys and Expropriation Act, and all the pro.visio.ns o.f that Act re- lating in any way to. the expro.priatio.n o.f lands fo.r public wo.rks, the co.mpensatio.n therefo.r and arbitratio.n with re- spect thereto., shall apply to. such area, to.gether with such o.ther pro.visio.ns o.f the Act as may be applicable in view o.f the pro.visio.ns o.f this Act, save that the po.wers co.nferred UPQn the Minister by that Act shall be exercisable by the Minister o.f Lands and Fo.rests.

Organizatio·n and Co'nstitution of Board. 12. In o.rder to. effect the intent, purpo.se and o.bject o.f Constitution this Act there is hereby co.nstituted a Bo.ard to. be called ~rovincial the Pro.vincial Parks Bo.ard. Parks Board 1.3..

(1) The Bo.ard shall co.nsist o.f no.t mo.re than three Number of members to. be appo.inted by the Lieutenant Go.verno.r in ~~~gers Co.uncil, o.ne o.f who.m shall be designated as chairman.

(2) The secretary to. the Bo.ard shall be a member o.f the Boar~ Department appo.inted by the Minister, who. shall ho.ld secre ary o.ffice during the pleasure o.f the Minister.

(3) Ea,ch o.f the members o.f the Bo.ard shall ho.ld o.ffice T!i[m Of during the pleasure o.f the Lieutenant Go.verno.r in Co.uncil. ~o~~do . . h members

(4) In the event o.f any vacancy occurrIng In t e mem- Vacancies bership o.f the Bo.ard the Lieutenant Go.verno.r in Co.uncil on Board may apPQint a perso.n to. fill the vacancy.

(5) Incase the o.ffice o.f chairman beco.mes vacant, the Lieutenant Go.verno.r in Co.uncil may appo.int any perso.n to. fill the vacancy.

(6) The chairman and each o.ther member o.f the Bo.ard Rt · emufneBra- d . t· b fi d b th IOn ° oar shall receIve such remunera IOn as may e xe y e members Lieutenant Go.verno.r in Co.uncil. 1.4. The Lieutenant Go.verno.r in Co.uncil, subject to. the ~p~intmenlt prQvisio.ns o.f The Public Service Act, 1947, may' appo.int ~nd cf::~s such officers and clerks as may be deemed necessary to. ad-

Minister may appoint advisory committee Expenses of advisory committee 4 minister and enforce the prOVISIOns of this Act and the regulations under the direction and control of the Minister. Administration. 15.

(1) The Minister may appoint an advisory com mittee of not more than three members for any park and the Board shall consult from time to time with such com mittee regarding the administration of the park for which the committee has been appointed.

(2) Every appointment to an advisory committee made by the Minister shall be published in The Alberta Gazette, and each member of any advisory committee shall continue in office at the pleasure of the Minister.

(3) The members of every advisory committee shall serve without compensation, but each member shall be en titled to receive his actual disbursements for expenses in visiting or inspecting the park when the visit or inspection is made or rendered at the request of the Board. ~o~~?[!ee

(4) No member of an advisory committee shall have any member pro- contract with the Board in respect to park improvement hibited from d I t b ··1· t t d d' tl . having con- or eve opmen or e pecunIarI y In eres e, Irec y or In- ir~~;dWith directly, in any contract or work relating to any park or park property. Minister to control, manage and maintain park Minister may,- construct roads, etc. take steps to secure animal and vegetable life reserve park area for specific purposes exercise conferred powers forbid excavation declare historic object .16.

The Minister shall control, manage and maintain the park for the objects specified in this Act, and for that purpose he shall utilize such moneys as may from time to time be appropriated by the Legislative Assembly for the purpose and other revenues acquired under the provisions of this Act. 17. The Minister within a park may,- (

a) construct roads, bridges, buildings, piers, fences sanitation works and improvements and in addition may carry out such other works as he may consider necessary for the purposes of the park; (

b) take such steps as will ensure the security of the animal and vegetable life in the park and the preservation of the park and the animals and vege tation therein in a natural state; (

c) reserve or set aside any area of any park as a breeding place for animals, and as a nursery for trees, shrubs, plants and flowers; (

d) e?Cercise all s?ch powers as may be conferred upon hIm by the LIeutenant Governor in Council· , (

e) forbid the excavation of fossil remains or skeletons within a public park, or regulate the same; (/) ~eclare. a!ly sh:uc~ure or thing or any natural ob J ect eXIstIng WIthIn the Province to be an "historic object" and to prescribe penalties for any interfer ence with that object;

5 (

g) make regulations for the prevention and ex- Il.lake regu~a-tlOns for flre (

h) tinguishment of fires; prevention regulate the cutting and removal of timber where reg~late 't ' 'd ddt ' cuttmg and I IS consl ere necessary or a van ageous In de- removal veloping and improving the park or protecting and of timber preserving the major forest values of the' park for the enjoyment of the public; (

i) regulate the removal of sand, gravel, earth, stone regulate or any other material', - removal of sand, etc. (j) -regulate the use of lands for agricultural products; regulate use of lands (

k) regulate the establishment and use of reservoirs; regulate reservoirs (.

l) dispose of any animal, vegetable or other product dispose of of a park; animals etc. (

m) regulate traffic in the park,' regulate traffic (

n) erect a museum in the park; erect museum (0) regulate the issuing of permits for the pasturage or :eg~late , f t k Issumg of graZIng 0 s oc ; permits (

p) regulate the leasing of lands in a reserve for resi- reg~late dential purposes, tourist cabins and service stations, ~~af~~~s or for any other specific purpose; (

q) do all such other things as may be necessary or preserye f th ' t . t order m park proper or e equIpmen , maIn enance or manage- ment of a park and the preservation of order there- in and of the amenities thereof; (

r) prescribe fees for services within a park; prescribe fees (8) exclude members of the public from any area or exclude 'th' k public areas WI In a par ; from park (

t) let sites in the park for concessions for service to let park sites the public or for buildings for the accommodation of visitors, or for shops, or other undertakings, and set aside portions of the park for recreation grounds; (

u) regulate the tariff of fees payable for all leases, regulate licenses and permits; tariff of fees (

v) make regulations for the confiscation and disposal ~~~rations of things seized ' governin~ , , ' confiscatlOn (

W) lease ,any part of the park In accordance WIth lease park regulations to be prescribed by the Lieutenant Governor in Council; (

x) regulate any other use not inconsistent with the ~~~u~:~~rk provisions of this A,ct; (

y) regulate the control and operation of any vessel or rlekgulate. , , h ' , t a e or rIver craft whatsoever, IncludIng t eIr equIpmen , upon vessels any lake, river, stream or body of water; (

z) establish toll rates for the commercial use of any ~~if~!\Se~ local road, trail or bridge; (aa) make, subject to t~e approv~l of the, Lieut~nant ~~~k~te Governor in CouncIl, regulatIons not InconSIstent generally with this Act, as to all or any of the matters men-

Powers and duties of Board 6 ti'Oned in this secti'On and as t'O such 'Other matters and things relating t'O any park as may be deemed necessary 'Or expedient. 18. The B'Oard shall perf'Orm such duties and exercise such P'Owers pertaining t'O a park, which are imp'Osed 'Or ,c'On ferred UP'On the Minister by this Act as m,ay fr'Om time t'O time be assigned by the Minister t'O the B'Oard. Lieutenant 19.

(1) The Lieutenant G'Overn'Or in C'Ouncil may fr'Om Governor in Council time t'O time make regulati'Ons n'Ot inc'Onsistent with this may make At" regulations C , g'OVernlng,- governing~- (

a) the pr'Otecti'On, care and management 'Of parks; protection of parks (

b) the preservati'On and destructi'On 'Of fish, bird and preservation "l"f of animal life anImal Ie; unauthorized (

c) the preventi'On 'Of unauth'Orized business and traffic; business trespassers use of land exploration, etc" general matters subdivision and leasing of park lands administra tion of park Coming into force of regulation or order Copy of regulations or orders to be laid before the Legislative Assembly (

d) the rem 'Oval and exclusi'On 'Of undesirable pers'Ons and trespassers, and 'Of pers'Ons making any un- auth'Orized use 'Of any park 'Or failing t'O c'Omply with any regulati'On 'Or 'Order; (

e) the use 'Of land for r'Oads, bridges, townsites, hos pitals, places 'Of w'Orship, burying gr'Ounds, and sch'O'Ols and purp'Oses c'Onnected therewith; (

f) the expl'Orati'On, excavati'On and sear,ching 'Of land f'Or the purp'Ose 'Of obtaining f'Ossil remains, 'Or f'Or 'Other 'Objects 'Of ge'OI'Ogical, ethn'OI'Ogical, hist'Orical 'Or scientific interest; (

g) generally as t'O any matter 'Or thing the d'Oing 'Of which is permitted by this Act, 'Or as t'O any case which may arise and f'Or which n'O specific pr'O visi'On is made by this Act f'Or the purp'Oses 'Of carry ing 'Out the pr'Ovisi'Ons of this Act a,cc'Ording t'O the true intent there'Of; (

h) the terms UP'On which land within a park may be subdivided and leased; (

i) where n'O pr'Ohibiti'On is c'Ontained herein, auth'Orize the d'Oing 'Of such acts, matters and things relating t'O the administrati'On 'Of any park, as may be deemed essential and desirable. 20.

(1) Each regulati'On 'Or 'Order made by the Minister 'Or by the Lieutenant G'Overn'Or in C'Ouncil under the auth'Or ity 'Of this Act shall c'Ome int'O f'Orce 'On the day UP'On which it is appr'Oved 'Or made, 'Or 'On such later date as may be p.rescribed in the regulati'On 'Or 'Order, and every such regula tI'On 'Or 'Order shall have the same f'Orce and effect as if it had been expressly enacted by this Act.

(2) Every regulati'On 'Or 'Order shall be published in The Alberta Gazette and a C'OPy there'Of shall be laid bef'Ore the Legislative Assembly within fifteen days after the 'Opening 'Of the next ensuing sessi'On 'Of the Legislature.

7 21.

(1) The revenue shall -consist of voluntary subs-crip- Revenue tions, donations and bequests received by the Minister from the public, fees or other moneys received under the pro- visions of this Act, fines paid or recovered in respect of contraventions of this Act or the regulations, and such money as may be appropriated by the Legislative Assembly.

(2) Any fine paid or recovered in respect of any contra- Dis~osition venti on of this Act or the regulations committed within a of fmes park, shall be paid over to the Minister.

(3) The Minister shall keep' a full and correct account of Annual all moneys received and expended by him under this Act, ~f~~~:!to and shall annually lay before the Legislative Assembly, xegiSI~VVe within fifteen days after the commencement of the first ssem y session in eaeh year, a statement of any moneys received and expended by him, properly audited by the Provincial Auditor. Roads. 22. All road allowances, public travelled roads or trails, Road within any park constituted pursuant to the provisions of allowances this Act, shall be and become a part of the park and be sub- j ect in all respects to the provisions of this Act. 23.

(1) The Minister, by order, may provide for the Minister closing and reopening of any highway, local road, trail or hl~h~~;e bridge, or any specified part thereof, to all travel or use, or to any specified kind of travel or use.

(2) The Minister, by order, may delegate the powers conferred upon him by this

section to the Board or to any person or persons. 24.

(1) The Minister, by engineers, agents, workmen, Snow fences servants or officers, may enter into and upon and occupy any land which is contiguous to any lo-cal road and may erect snow fences upon any such land for the purpose of pre- venting the local road from becoming blocked by snow- drifts and may enter upon the land for the purpose of main- taining, repairing, removing or replacing any snow fence.

(2) No person shall be entitled to any rent or any other compensation whatsoever in respect of any entry or occupa tion effected under this section. 2:5. Any person who is found on a road, trail or bridge Penalty for when traffic thereon has been prohibited, or a detour sign trespassing has been erected to direct traffic elsewhere, shall be guilty of an offence and liable upon

summary conviction to a fine of not less than ten dollars and costs nor more than fifty dollars and costs and in default of payment, to imprison- ment for a term not eX,ceeding thirty days. 26. Any person who wilfully defaces, knocks down, re- penalit y . d "II "bl ." "for w Iful moves or otherwIse ren ers I egi e or InJ ures any SIgn, damage

8 signal or obstruction erected for the direction or safety of traffic, or for any other purpose, shall be guilty of an offence and liable upon

summary conviction to a penalty of not less than ten dollars and costs and not more than fifty dollars and costs and in default of payment to imprisonment for a term not exceeding thirty days. Camping and Travelling in Pro,vincial Parks. Minister may 27.

(1) Whenever the Minister deems it advisable to do f:~~~m~g so, he may prohibit by order all travelling or camping in a or camping park without a special permit, and a notice of such proin park hibition shall be posted at the point of registration. Penalty for travelling or camping in park when prohibited Permit to graze stock on park land Seizure of stock Disposition of seized stock Notice to owner of seized stock Sale of seized stock Advertisement of sale of seized stock

(2) Any person who contravenes any prOVISIOn of this

section shall be guilty of an offence and liable upon sum mary conviction to a fine not exceeding fifty dollars and costs and in default of payment to imprisonment for a term not exceeding thirty days. Stock. 28. No person shall keep, maintain or graze any stock, or allow or permit any stock to run at large, in any park un less he has a permit from the Minister entitling him to do so. 29. Any officer of the Department may round up, seize or detain any stock found grazing in any park for which no grazing permit has been issued. 30.

Upon any stock being so seized, if the owner thereof is unknown to the officer, he shall cause the stock to be offered for sale by public auction to be sold to the highest bidder. 31..

(1) Where the owner of such seized stock is known to the officer, he shall send to the owner by mail at his last known post office address, a notice in writing setting out,- (

a) the date of the seizure; (

b) a description of the animals seized; (

c) a description of the place at which they are kept; and (

d) the amount payable in respect thereof.

(2) Upon the expiration of fifteen days from the date of the mailing of the notice, unless the owner has sooner paid to him the costs of rounding up, seizing and detaining the stock, the Minister may cause the same to be offered for sale by public auction to be sold to the highest bidder. 32. No sale by public auction shall take place until it has been advertised in two issues of a newspaper circulating in the area where the stock was seized.

9 33. Upon any stock being sold under the provisions of Ttitlekto t th e A t th· soc yes s IS C, e property thereIn shall pass to the purchaser in purchaser and all rights. of property which existed therein immediately before the sale shall be extinguished. 34. The proceeds of any sale held pursuant to

section 30 ~i£r:~!~~ or 31 shall be paid over to the Minister. of sale of seized stock General. 35.·

(1) Any lease, license or permit issued under the Cancellation . . f th· A t d h lb· of lease, prOVISIOnS 0 IS C an e d y any person convICted of license or an offence against any of the provisions of this Act or the ~~~~l~tft~n regulations shall be deemed to be cancelled without further action or notice upon such conviction.

(2) Upon the conviction of any person for an offence against any of the provisions of this Act or the regulations, the justice of the peace shall order that any lease, license or permit held by the person so convicted be turned over to him to be forwarded forthwith to the Department.

(3) The Minister may authorize the reinstatement of Reinr~te any such lease, license or permit so cancelled, upon such ~:~e, ° li.censa terms as he may deem just. or permIt 36. No person shall fish in a provincial park unless he pe~~t has in his possession a permit from the Minister. to s 37. A contravention of any provision of this Act or of Offence the regulations shall constitute an offence against this Act. 38. Any person who ·contravenes any provision of this General Act or the regulations for the infra·ction of which no specific ~;~~I!ron penalty is provided, shall be guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and costs, and in default of immediate payment to imprisonment with or without hard labour for a term not exceeding six months. 39. In any prosecution or investigation under this Act or Onusfof . h d proo the regulatIOns, the onus shall be upon t e person charge or investigated to prove compliance with the provisions of this Act or the regulations. 40. No action shall lie against any offi·cer or person Rit~ht of .

I t f th ac IOn havIng the management or contro ,pursuan to any 0 e provisions of this Act, of any park for the recovery of damages arising out of anything done or omitted to be done by any person in, on, or about any park or in relation thereto. 41. The Provincial Parks and Protected Areas Act, being Repeal

chapter 64 of the Revised Statutes of Alberta, 1942, is hereby repealed.

Coming into force 10 42. This Act shall come into force on the day upon which it is assented to.

No. 75. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL An A'ct respecting Provincial Parks. Received and read the First time. Second time Third time HON. MR. TANNER. Title: 1951 (11th, 4th) Bill 75,

An Act respecting Provincial Parks

Document details

Collection	Alberta — Bills
Citation	L11 S4 6986
Type	bill
Volume / chapter	L11 S4 6986
Language	en
Format	json
Source	PROVINCIAL
Identifier	9c7a6a8703bd0d64ddf0ef0aab2082abd2f5d41e

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