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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“boat” means a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, whether self-propelled or not;(bateau)

“concession” means the right of any person granted by the Department to operate a provincial park or any building, installation, service or facility within a provincial park;(concession)

“Department” means (ministère)

(a) in relation to the provincial parks listed in Schedule A, the Department of Tourism and Parks, or

(b) in relation to all other provincial parks, the Department of Natural Resources;

“domestic animal” means any animal that is kept under human control or by habit or training lives in association with man;(animal domestique)

“firearm” means any device from which any shot, bullet or other missile can be discharged and, without limiting the generality of the foregoing, includes a rifle, shotgun, pellet gun, air gun, pistol, revolver, spring gun, crossbow or longbow;(arme à feu)

“lease” means a contract for exclusive use or possession of lands, buildings, installations or facilities within a provincial park for a period of time;(bail)

“Minister” means(Ministre)

(a) in relation to the provincial parks listed in Schedule A, the Minister of Tourism and Parks, or

(b) in relation to all other provincial parks, the Minister of Natural Resources;

“park warden” means a person appointed or holding office pursuant to section 10;(gardien de parc)

“provincial park” means(parc provincial)

(a) any area of land established and maintained under this Act and the regulations as a recreational park, campground park, beach park, wildlife park, picnic ground park, resource park, park reserve, or any combination thereof,

(b) any land administered under an agreement entered into under the authority of paragraph 3(2)(b), or

(c) a provincial park continued under subsection 3(1),

and includes a recreational trail, or any portion of a recreational trail, designated by the Minister of Natural Resources under section 1.1 and any land acquired for the purpose of development as a provincial park.

1986, c.8, s.95; 1992, c.2, s.47; 1999, c.18, s.1; 2000, c.26, s.233; 2001, c.41, s.14; 2004, c.20, s.46; 2007, c.1, s.1

Designation of recreational trail

1.1(1)The Minister of Natural Resources may designate a recreational trail, or any portion of a recreational trail, for the purposes of the definition “provincial park” in section 1.

1.1(2)The Regulations Act does not apply to a designation under subsection (1).

1.1(3)A copy of a designation purporting to be made by the Minister of Natural Resources under subsection (1) is, without proof of the appointment, authority or signature of the Minister of Natural Resources, admissible in evidence and is, in the absence of evidence to the contrary, proof of the making of the designation and of its contents for all purposes in any action, proceeding or prosecution.

1999, c.18, s.2; 2004, c.20, s.46

Purpose of provincial parks

2All provincial parks are dedicated to the people of the Province and others who may use them for their healthful enjoyment and education, and, subject to subsection 3(2), the provincial parks shall be maintained for the benefit of future generations in accordance with this Act and the regulations.

Continuation of existent provincial parks

3(1)Subject to subsection (2), a provincial park in existence immediately prior to the coming into force of this Act is continued as a provincial park.

Powers of Minister in relation to provincial parks

3(2)The Lieutenant-Governor in Council

(a) may authorize the Minister to purchase or acquire any land, whether or not covered with water, for the purpose of development as a provincial park;

(b) notwithstanding any other Act, may authorize the Minister to enter into an agreement with

(i) any other Minister,

(ii) any Crown Commission,

(iii) any Crown Corporation,

(iv) any person,

(v) any municipality or rural community, or

(vi) any association,

for the administration as a provincial park of any land belonging to or under the administration of Her Majesty in right of the Province, any Crown Commission, any Crown Corporation, any person, any municipality, any rural community or any association and lands so administered shall be deemed to be set apart as a provincial park and come within this Act and the regulations;

(c) may authorize the Minister to increase or decrease the area of any provincial park;

(d) may delimit any provincial park;

(e) may terminate the status of any provincial park;

(f) may authorize the Minister to dispose of any buildings, installations or improvements, or all or any part of the land included in a provincial park, as he sees fit; and

(g) may set aside as a park reserve any area of land held, acquired or set apart for the purpose of a provincial park;

but where the land to be set apart, purchased or acquired, added or withdrawn, delimited or disposed of has a real estate value of less than fifteen thousand dollars, the Minister may do such things as the Lieutenant-Governor in Council is authorized to do under this subsection.

1999, c.18, s.3; 2005, c.7, s.58; 2007, c.1, s.2

Acceptance of property by Minister

4The Minister may receive from any person by grant, gift, devise or bequest any real or personal property, or any interest therein, for the purpose of a provincial park.

References to the Minister of Natural Resources

5Any reference to the Minister of Natural Resources in any document executed by the Minister of Natural Resources prior to June 17, 1972 shall, if the document provides for the establishment of or the operation of a provincial park, be deemed to be a reference to the Minister.

1986, c.8, s.95; 1999, c.18, s.4

Provincial park deemed separate entity

6(1)For municipal purposes, any land set apart as a provincial park or added thereto, so long as it remains part of the provincial park, shall be deemed to be separated from any municipality of which it formed a part immediately before it became a provincial park or a part thereof.

6(2)For rural community purposes, any land set apart as a provincial park or added to a provincial park, so long as it remains part of the provincial park, shall be deemed to be separated from any rural community of which it formed a part immediately before it became a provincial park or part of a provincial park.

2005, c.7, s.58

Provincial park deemed part of county where located

7For judicial purposes, any land set apart as a provincial park or added thereto shall continue to form part of the county of which it formed a part immediately before it became a provincial park or a part thereof.

Administration

8(1)The Minister is charged with the administration of this Act and the regulations.

Delegation of powers by Minister

8(2)Without limiting the generality of subsection (1), the Minister, or any person designated by him to act on his behalf, in respect of a provincial park, may

(a) construct and operate toilet, dressing room, picnic, camping, cooking, bathing, parking and other facilities for the convenience of the public,

(b) construct and operate restaurants, refreshment booths, shops, and other facilities for the convenience of the public,

(c) construct and operate buildings, compounds, cages, pools and other facilities for the public display of fish and wildlife,

(d) construct, renovate, restore, repair and improve any building, structure or site in order to preserve its historical significance,

(e) make an agreement with any person with respect to any matter coming within the purview of this subsection,

(f) prescribe by erection, posting or other display of notices, the time or times of the day or year during which a provincial park or any part thereof is open or closed, as the case may be, for the use of the public,

(g) construct and operate recreation facilities he considers necessary for the convenience or benefit of the public.

Granting of lease

8(3)The Minister, with the approval of the Lieutenant-Governor in Council, may grant any lease with respect to a provincial park, or any part of a provincial park, or any land, building, installation or facility in a provincial park, or any part of a provincial park.

Granting of licence, privilege or concession

8(4)The Minister may grant any licence, privilege or concession with respect to a provincial park, or any part of a provincial park, or any land, building, installation, service or facility in a provincial park, or any part of a provincial park, but such licence, privilege or concession shall not extend beyond ten years except with the approval of the Lieutenant-Governor in Council.

8(5)Notwithstanding subsection (4), the Minister may, without the approval of the Lieutenant-Governor in Council, grant an easement in perpetuity across a recreational trail that has been designated as a provincial park if the easement is for the purposes of accessing land adjacent to the trail or is for the purposes of the installation or maintenance of above or below ground utilities.

1999, c.18, s.5; 2007, c.1, s.3

Authorization to fix, impose, collect and retain fees or rental

8.1(1)Notwithstanding any other provision of this Act or any other Act, or any regulation under this Act or any other Act, a person who has been granted a lease, licence, privilege or concession under section 8 to operate a provincial park, or any part of a provincial park, may, subject to and in accordance with the terms and conditions of that lease, licence, privilege or concession,

(a) fix, impose and collect fees or rental payable for any permit required or services offered by that person in respect of that provincial park, or that part of a provincial park, or for any use of land, buildings, installations or facilities within that provincial park, or that part of a provincial park, for which a permit is not required, and

(b) retain, for that person’s own purposes, the money obtained from the collection of those fees or rental.

8.1(2)Where a person, in respect of a provincial park, or any part of a provincial park, is authorized under paragraph (1)(a) to fix, impose and collect fees or rental referred to in paragraph (1)(a), the Lieutenant-Governor in Council shall not, in respect of that provincial park, or that part of a provincial park, make regulations under paragraph 16(2)(k) or (n) in relation to those fees or rental.

8.1(3)The Regulations Act does not apply to any instrument made under the authority of paragraph (1)(a).

1999, c.18, s.6

Limitation respecting use or occupancy

9Except as provided under this Act and the regulations, no person shall use or occupy any land, building, installation or facility in a provincial park.

Appointment of park warden

10(1)The Minister, or any person designated by him in writing to act on his behalf, may appoint any person to be a park warden.

Ex officio park wardens

10(2)Every police officer, as defined in the Police Act, and every member of the Royal Canadian Mounted Police is ex officio a park warden.

Powers of park wardens

10(3)A park warden is charged with the maintenance and preservation of the public peace within a provincial park and has the powers, authority and immunities of a peace officer as defined in the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970.

1987, c.N-5.2, s.24; 1988, c.67, s.7

Powers of seizure of park wardens

11(1)Repealed: 1986, c.6, s.33

11(2)Repealed: 1986, c.6, s.33

11(3)Subject to subsection (4), anything seized by a park warden pursuant to the Provincial Offences Procedure Act may be detained for a period of six months following the time of seizure or, if proceedings are instituted within the two months following seizure, until the proceedings are concluded.

11(4)Anything seized pursuant to the Provincial Offences Procedure Act

(a) upon application, shall be released to the owner thereof

(i) after the expiration of two months from the date of seizure, where no proceedings have been instituted, or

(ii) after a verdict of acquittal has been handed down, where proceedings have been instituted;

(b) shall be returned to the owner upon the Minister ordering its return, if it is not required for evidence in a court of law;

(c) shall be disposed of in accordance with subsection (5) where a conviction is obtained against a person committing an offence under this Act; or

(d) shall be deemed to be forfeited to the Crown where, after a period of six months from the date of seizure, no application has been made and no proceedings have been instituted, in which case the Minister may dispose of the item at public auction or in any manner and at such time as he considers fit.

11(5)Where a judge convicts a person of an offence against this Act, he shall order anything seized pursuant to the Provincial Offences Procedure Act

(a) to be returned to the owner as soon as practicable, or

(b) to be forfeited to the Crown, in which case it shall be disposed of at public auction or in such manner and at such time as the Minister considers fit.

1986, c.6, s.33; 1990, c.22, s.39

Offences and penalties

11.1(1)A person who violates or fails to comply with any provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

11.1(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 16(2)(q.1) commits an offence of the category prescribed by regulation.

11.1(3)A person who violates or fails to comply with section 9 or subsection 12(4) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

1990, c.61, s.103

Repealed

12(1)Repealed: 1990, c.61, s.103

Repealed

12(2)Repealed: 1990, c.22, s.39

Power of park warden to issue order to prohibit entry to provincial park

12(3)Where the Minister or any park warden has reasonable grounds for believing that any person has violated or is about to violate any provision of this Act or the regulations, or that the entry upon or remaining within a provincial park by any person may be detrimental to the safety of other park users or their enjoyment of the park and its facilities, he may, without notice or hearing, issue an order in writing prohibiting that person from entering upon or being within any provincial park specified in the order for a period specified therein, not to exceed twelve months.

Effect of order prohibiting entry

12(4)Every person having knowledge of an order made under subsection (3) shall observe that order, and in the event the person is within a provincial park when the order is made, shall forthwith remove himself from the provincial park.

Certificate as evidence

12(5)The Minister, or any person designated to act on his behalf, is authorized to prepare a certified copy of any record, permit, letter or other document, the production of which is not regarded by the Minister as being contrary to public policy, and any document purporting to be signed by the Minister or his designate shall be received as evidence of the contents thereof in any court in the Province without proof of office or of the signature thereon.

Existence of sign prima facie proof

12(6)In a prosecution for contravening any provision of this Act or the regulations,

(a) the existence of a sign is prima facie proof that the sign was properly placed and maintained by the proper authorities, and

(b) evidence that the sign was in existence both before and after the conduct in question is prima facie proof that the sign was in existence at all material times,

without other or further proof thereof.

Act deemed done in provincial park

12(7)In a prosecution for contravening any provision of this Act or the regulations, where an act that the accused is proven to have done is alleged to have been done in a provincial park, the accused shall, in the absence of evidence to the contrary, be deemed to have done the act within the provincial park.

1990, c.22, s.39; 1990, c.61, s.103; 1999, c.18, s.7

Opening or closing of roads by Minister

13The Minister, or anyone designated by him to act on his behalf, may open for travel or close to travel any highway, road, trail or other area in a provincial park that is not under the administration and control of the Minister of Transportation and Infrastructure or the New Brunswick Highway Corporation.

1995, c.N-5.11, s.45; 2010, c.31, s.101

Protection of flora

14The Lieutenant-Governor in Council may take measures he considers proper for the protection of flora in any provincial park.

Prospecting and mining

15(1)Notwithstanding the Mining Act, all provincial parks are reserved by the Crown from prospecting, staking, mining and quarrying except as otherwise provided by the regulations.

15(2)Notwithstanding subsection (1), the Department may operate a quarry in a provincial park to provide quarriable substances needed to construct and maintain roads, buildings, installations or other facilities within provincial parks.

Regulations

16(1)Notwithstanding the Fish and Wildlife Act and the regulations made thereunder, the Lieutenant-Governor in Council may make regulations

(a) prohibiting or regulating hunting, fishing, trapping and snaring in a provincial park, and respecting the setting aside of areas for hunting, fishing, trapping or snaring within a provincial park;

(b) prohibiting or regulating the possession, discharge, use or conveyance of a firearm in a provincial park.

16(2)The Lieutenant-Governor in Council may make regulations

(a) for the care, preservation, improvement, control and management of provincial parks;

(b) prohibiting or regulating prospecting, or the staking out of mining claims, the development of mineral interests and the working of mines or quarries in provincial parks;

(c) prohibiting or regulating the occupation of land within provincial parks;

(d) regulating the use of lands in provincial parks;

(e) prohibiting the erection of buildings or installations in provincial parks, or regulating the nature, cost, type of construction or location of buildings or installations that may be erected therein;

(f) prohibiting or regulating the conduct of persons using any building, installation, equipment or facility in a provincial park;

(g) prohibiting or regulating the erection, posting or other display of notices, signs, signboards and other advertising devices in provincial parks;

(h) prohibiting or regulating the use, setting and extinguishment of fires in provincial parks;

(i) prohibiting or regulating pedestrian, vehicular, boat or air traffic in provincial parks;

(j) providing for the issuing of permits to persons to enter and travel in provincial parks, to occupy campsites therein or to otherwise use any land, buildings, installations or facilities within a provincial park;

(k) prescribing the fees or rental payable for any permit given in respect of a provincial park, or for any use of land, buildings, installations or facilities within a provincial park for which a permit is not required;

(l) prohibiting or regulating trades, businesses, amusements, sports, occupations and other activities or undertakings in provincial parks;

(m) prescribing the maximum periods of stay of persons, vehicles, boats, vessels or aircraft in a provincial park;

(n) providing for the imposition and collection of fees for entrance into a provincial park of persons, vehicles, boats or aircraft;

(o) prohibiting or regulating the cutting and removal of forest products;

(p) prohibiting or regulating the use or keeping of domestic animals in provincial parks;

(q) prohibiting or regulating any activity carried on within any prescribed shore area or waters contiguous to a provincial park, to the extent that the activity could be prohibited or regulated under this Act if carried on within the limits of the provincial park;

(q.1) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(r) respecting any other matter necessary or advisable to carry out effectively the intent and purpose of this Act.

16(3)Any regulation under subsection (1) or (2) may be made applicable to all provincial parks or to any provincial park or to any part of a provincial park.

16(4)Any fee prescribed by a regulation under subsection (2) may be waived by the Minister, in whole or in part,

(a) in relation to a special event, when the Minister considers it appropriate to do so, or

(b) when the Minister, for the purpose of promoting the use of a provincial park or facilities in a provincial park, negotiates with any person a group rate in relation to that use.

1990, c.61, s.103; 1991, c.10, s.1; 1991, c.43, s.31; 1999, c.18, s.8; 2004, c.12, s.51

Regulations

16.1The Lieutenant-Governor in Council may, by regulation, add a provincial park to or delete a provincial park from Schedule A.

1999, c.18, s.9

Action by Minister

17Where this Act or any regulation is contravened, in addition to any other remedy and to any penalty imposed, the contravention may be restrained by action at the instance of the Minister.

Repeal

18The Parks Act, chapter P-2 of the Revised Statutes, 1973, is repealed.

Commencement

19This Act or any provision thereof comes into force on a day to be fixed by proclamation.

SCHEDULE A

The Anchorage Provincial Park

Castalia Provincial Park

Fundy Trail Provincial Park

Herring Cove Provincial Park

Lepreau Falls Provincial Park

Mactaquac Provincial Park

Mount Carleton Provincial Park

Murray Beach Provincial Park

New River Beach Provincial Park

Oak Bay Provincial Park

Parlee Beach Provincial Park

de la République Provincial Park

The Rocks Provincial Park

Saint Croix Provincial Park

Sugarloaf Provincial Park

Val Comeau Provincial Park

1999, c.18, s.10; 2000-7; 2003-91; 2004-35; 2007-77; 2008-115

N.B. This Act was proclaimed and came into force August 31, 1982.

N.B. This Act is consolidated to September 1, 2011.

P-2.1 - Parks Act

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