Bill 33 — , I' Third Session, 17Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 33 the Provincial Parks Act, 1974 (Legislature 17, Session 3)

L17 S3 5299

Alberta — Bills

1974 Bill 33 , I' Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 33 The Provincial Parks Act, 1974 THE MINISTER OF LANDS AND FORESTS First Reading .............................. . Second Reading ............................. . Third Reading Printed by L. S. WALL, Queen's Printer for the Province of Alberta, EDMONTON

Bill 3$ BILL 33 1974 THE PROVINCIAL PARKS ACT, 1974 (Assented to , 1974) HER MAJESTY, by and with the advice and consent ,of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, (a) "Director" me'ans the Director of Parks; (b) "Minister" means the Minister of Lands and Forests; ( c ) "park" or "provincial park" meanl;! land designated as a provincial park pursuant ,to this Act and !in cludes parks referred to in

section 6, 'Subsection (2). 2. In accordance w,ith The Public Service Act, there may be ruppointed a Director of Parks, park officers and such other persons as may be necessary for the administration of this Act. 3. Provincial parks shall be developed and maintained (

a) for the "conservation andCmanagement of flora and fauna, (

b) for the preservation of specified areas and ob j ects therein that are of geological, cultural, eco logical Dr other s'cientific linter-est, 'and (

c) to facilitate their use and enjoyment for outdoor recreation. 4. The Minister may from time to time 'appDint persons to advisory committees for such periods as may be desig nated in their appointments for the purpDse of ,advising in relation to any matter concerning a park or parks. 5. The Lieutenant Governor in Council may by order authorize the purchase, expropriation Dr other acquisition of land or buildings or other fixtures on land by the .Minis ter for the purposes of a park.

Explanatory Notes I.

Definitions. 2. Staff. 3. Purpose of parks. 4. Advisory committees. $. Creation of parks, etc.

(1) The Lieutenant G'Overn'Or in C'Ouncil may by 'Order (

a) des!ignate land that is 'Owned by 'Or leased t'O the Crown as a pr'Ovindal park and declare rOhe name by which it is t'O be kn'Own, and (

b) increase 'Or decrease the area. 'Of land designated as a park.

(2) Pr'Ovincial parks designated pursuant t'O any pre decess'Or 'Of this Act c'Ontinue to be pr'Ovincial parks under thiis Act. 7. The Minister (

a) m'ay estahl:ish, devel'OP and maintaJin a system and classifica.ti'On 'Of prQvincial parks, and (

b) is resP'Onsible for the administration, planning, de vel'Opment and ma.intenance 'Of prQvincial parks. 8. N'O person shall make 'Or attempt t'O make his chief place 'Of residence in 'any park (

a) except pers'Ons empl'Oyed by the Department 'Of Lands and F'Orests in the devel'Opment, m,ainten ance 'Or supervisi'On 'Of parks, or (

b) unless the Minister has given written auth'Orizati'On t'O the person t'O make his chief place 'Of residence therein. 9.

(1) The Lieutenant G'Overnor in C'Ouncil may make regula,ti'Ons with respect t'O parks (

a) g'Overning the establishment 'Of reservoirs and the use 'Of water st'Ored therein f'Or· d'Omestic and c'Om mercial purposes; (

b) prescribing fees, charges and tQlls f'Or the use 'Of any faciHties 'Or f'Or the use 'Of any part 'Of a park; (

c) regulating 'Or pr'Ohibiting traffic 'Or any kind 'Of business; (

d) c'Ontr'Olling livest'Ock 'Or any other animals n'Ot de fined as wildlife under The Wildlife Act; (

e) prescribing standards and specificati'Ons 'Of build ings 'and 'Other structures 'erected in parks; . (

f) f'Or the purpose 'Of prohibiiting, eliminating 'Or albat ing n'Oise and establishing pernliss,ible n'Oise levels in all 'Or any part 'Of any park 'Or parks.

(2) The Lieutenant G'Overn'Or lin Council may, with re spect to' parks, m'ake regulations varying, substituting, add ing t'O 'Or making inapplicable thereto the provisiQns of any 'Of the f'OII'Owing Acts 'Or regulati'Ons : (

a) The Public Lands Act and regulati'Ons thereunder, or 2

Q. ~,stab1ishment of parks., 7. Responsibilities of the Minister. ,8.J:>rohibition against permanent res,idences. 9. Regulations. 2

(

b) The Fm'ests Act, 19'71 and regulations thereunder, or (

c) The Wildlife Act and regulati'Ons thereunder, or (

d) The Forest and Prairie Protection Act and regula tions thereunder.

(3) Regulations under subsection (2) may be specific or general. 10. The Lieutenant Governor in Council may make reg ulations respecting (

a) the pr'Ovision of financial assistance to any muni cipal district or county or to' the Minister of Muni cipal Affairs lin respect of any improvemeT\t dis trict or special area for the purpose 'Of maintaining picnic grounds, campgrounds or other park recre ation facilities; (

b) the improvement, develnpment or beautification of any land owned by the Crown. 11. The Minister may by order (

a) cl'Ose all or any part of a park for such periods as he considers necessary; (

b) prescribe by signs posted along any road within a park the speed l:im,it to be observed on it, or any part of it by all vehicles or by any class or classes of vehicles; (

c) prescribe by signs posted along any road within a park or any part of it directi'Ons controlling 'Or pro hibiting the movement of any vehicle, pedes'trian or other traffic; (

d) open 'Or close a road within a park at any time; (

e) grant concession permits to any person for the oper ation of any service to the publ,ic or of any buildings for the accommodation 'Of the public; (

f) prescribe standards for the operation 'Of stores, camps and other commercial ventures operated within parks; (

g) by order zone any porti'On 'Of a park so as to regulate or confine the various' uses of land resources and water within the park; (

h) authorize the doing of any other acts, matters and things relating to the pur'pose and administrati'On of this Act. 12.

(1) Where a r'Oad within a park lis damaged by a v~hicle, the Minister may by action recover the cost of re pairing the damage.

10. Financial aid. II. Powers of the Minister. 12. Protection of park roads. 3

(2) Where a vehicle is operated Dn a rDad within a park by or Dn behalf Df any perSDn fDr cDmmercial purpDses, the Minister may require the Dwner Dr DperatDr Df the vehicle Dr the perSDn Dn whDse behalf the vehicle is operated to' de pDs,it isecurity in any fDrm and any amount prescribed by the Minister. 13.

(1) FDr the purposle of administering this A,ct and the regulatiDns, a park Dfficer may (

a) enter upDn and inspect any land, r'oad, structure or work in a park; (

b) Drder the repair, alterastiDn, imprDvement, evacua tion, Dr remDval of Dr addition to' any unauthDrized structure Dr wDrk in a park; (

c) Drder any perSDn in any park to. cease Dr refrain frDm any actiDn, DmissiDn Dr cDnduct that in the Dpinion of the Dfficer is dangerous to' life Dr prDp erty Dr detrimental to. the use and enjDyment Df the park by other perSDns; (

d) require any person lin a park to. inform the offdcer of (Ii) the name, address and occupation Df the person, and (ii) any fact Dr intention relating to. the use by the perSDn 'Of the park; (

e) remDve frDm a park (

i) any perSDn making an unauthorized use Df the park, Dr (ii) any perSDn fairing to. cDmply with any provis iDns Df this Act or the regulatiDns, Dr (iii) any person creating a nuisance Dr disturbance Dr cDmmitting a trespass Dr any undes!irable act.

(2) A park Dffker may seize any mDtor, vehicle, airJ- craft, hoat Dr 'any equipment, appliance Dr other

article Dr object that lis being used in a park in cDntraventiDn of this Act Dr the regulations, or in cDntravention Df any Dther Act Dr the regulatiDns made thereunder, whether it is fDund in the pDssessiDn Df the person alleged to' 'have committed the cDntraventiDn or not.

(3) The park officer shall, upon seizing any I1Jhing under subsection (2), (

a) g1ive a receipt therefDr to. the perlSDn, if 'any, havdng pDssesslion Dr custody Df the thing, and (

b) furnish a prDvincial judge with an affidavit (

i) stating that he has reason to. beLieve that an Dffence has been cDmmitted in respect 'Of the th'ing seized, and 4

13. Powers of park ,officers.

(ii) 8'etting O'ut the name of the pers'On, if any, hav ing possessi'On or custody O'f ,the thing seized at the time it was seized. 14.

(1) Where any thing is seized under the author!ity of

section 13, subsection (2) the prO'vincial judge may (

a) order the thing seized to be ,cO'nfiscated to the Crown in right O'f Alberta where he is sauis:f!ied that its owner is unknown and that it has· been used in connection with a contravention of this Act 'Or the regulations, or (

b) order the thing con:f!isc:ated to the Crown in right of Alberta upon a cDnviction for any 'Offence under this Act O'r the regulations, or (

c) return the thing seized to' the person from whom it was seized.

(2) When a provincial judge returns something seized after a tDial lin which a not guilty plea, was entered, the provincial judge may order the person to whom the

article is returned (

a) to hold the thing as. bailee for the Crown during the time limited fO'r appeal, Dr any extension thereof, and (

b) to produce the thing if it ,is required in an appeal. 15. Every person whO' cO'ntravenes any provisiO'n of this Act or the regulations or whO' fails to' comply with any order made under this Act or the regulatiDns is guilty Df an Df fence and is liable on

summary convicti'On to a fine O'f not more than $500 and in default of payment to imprisonment f'Or a term O'f not more than six months. 16. The MiinJster may authodze the Director or any other 'emplO'yee of the Department of Lands. and Forests to exercise any of the powers conferred upon him by this Act. 17. The Provincial Parks Act is hereby repealed. 18. This Act comes into force on the day upon which it is 'ass:ented to. 5

14. Disposition OIf seizures. Hi. Offence:? 16. Dele-gation of authority. - I 7. This Bill will repeal

chapter 288 of the Revised Statutes of Alberta 1970. 5 Title: 1974 (17th, 3rd) Bill 33, The Provincial Parks Act, 1974

Document details

Collection	Alberta — Bills
Citation	L17 S3 5299
Type	bill
Volume / chapter	L17 S3 5299
Language	en
Format	json
Source	PROVINCIAL
Identifier	ed25b10434ae6bb6203e5587aea37f7f38c67b0d

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