The Provincial Parks, Protected Areas, Recreation and Antiquities Act

Transcription

1 The Provincial Parks, Protected Areas, Recreation and Antiquities Act UNEDITED being Chapter 54 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Interpretation 3 Establishment of parks 4 Protected areas 5 Publication of orders under section 3 or 4 6 Recreation sites 7 Purchase, lease, gift or exchange of lands 8 Expropriation of lands by Crown 9 Administration 10 Park management 11 Use of parks and protected areas 12 Prohibition respecting excavation of certain objects 13 Prohibition respecting destruction of certain objects 14 Permits under section 12 or Certain objects are property of Crown 16 Restriction on disposal of certain objects 17 Procedure where pre-historic or historic remains threatened with damage by commercial or other operations 18 Power to enter into agreements providing for facilities and services 19 Local parks, camp grounds, etc. 20 Regulations 21 Conservation officers have powers of constables 22 Offences 23 Penalties

3 CHAPTER 54 An Act respecting Provincial Parks, Protected Areas, Recreation Sites and Antiquities Short title 1 This Act may be cited as The Provincial Parks, Protected Areas, Recreation Sites and Antiquities Act. R.S.S. 1965, s.54, s.1. Interpretation 2 In this Act: Crown (a) Crown means Her Majesty the Queen in right of Saskatchewan; department (b) department means the Department of Natural Resources; minister (c) minister means the Minister of Natural Resources; provincial forest (d) provincial forest means a provincial forest created by The Forest Act; provincial lands (e) provincial lands means provincial lands as defined in The Provincial Lands Act. 1960, c.27, s.2; R.S.S. 1965, s.54, s.2. Establishment of parks 3 The Lieutenant Governor in Council may designate any parks provincial forest or any area within a provincial forest, or any area of provincial lands, a provincial park, and the provincial parks so designated shall be maintained and used as public parks and pleasure grounds for the benefit, advantage, education and enjoyment of the people of Saskatchewan. 1960, c.27, s.3; 1962, c.18, s.2; R.S.S. 1965, s.54, s.3. Protected areas 4 The Lieutenant Governor in Council may, on the recommendation of the minister, by order constitute any area within the province a protected area, for the purpose of protecting and preserving therein objects of beauty, fossil remains, burial-places, burial-mounds, paintings or carvings on rock, or other objects, animate or inanimate, of a geological, ethnological, archaeological, palaeontological, zoological, botanical, historical or other scientific interest or significance. 1962, c.18, s.3; R.S.S. 1965, s.54, s.4. Publication of orders under section 3 or 4 5 Every order made under section 3 or 4 shall be published in The Saskatchewan Gazette and shall have force and effect on and after the date specified for the purpose in the order. 1962, c.18, s.3; R.S.S. 1965, s.54, s.5.

4 4 Recreation sites 6(1) The Lieutenant Governor in Council may, on the recommendation of the minister, constitute as a recreation site any area of provincial lands considered to be suitable for recreational purposes, and may by order declare that all regulations governing provincial parks, or such of them as may be specified in the order, shall apply with respect to the site. (2) Every order made under subsection (1) shall be published in the Gazette and shall have force and effect on and after the date specified for the purpose in the order. (3) Every recreation site constituted under subsection (1) shall be under the control of the minister and shall be preserved, developed and maintained for the use and enjoyment of the people of Saskatchewan. 1961, c.15, s.3; R.S.S. 1965, s.54, s.6. Purchase, lease, gift or exchange of lands 7 The minister may, subject to the approval of the Lieutenant Governor in Council, purchase or lease or accept a gift of any area of land for the purpose of creating additional provincial parks, protected areas or recreation sites, or for adding to any existing park, protected area or recreation site, or may authorize an exchange of provincial lands for other lands, for the same purpose. 1961, c.15, s.3; R.S.S. 1965, s.54, s.7. Expropriation of lands by Crown 8 Where land or any interest therein is required by the Crown for the purpose of creating additional provincial parks, protected areas or recreation sites or for adding to any existing provincial park, protected area or recreation site, and is not acquired under section 7, the Lieutenant Governor in Council may direct the minister on behalf of the Crown to acquire by expropriation the title to such land or interest therein as may be required, and thereupon for that purpose the minister shall have all the powers conferred upon the Minister of Public Works by The Public Works Act and that Act shall apply mutatis mutandis with respect to the acquisition of the land or interest therein, including the payment and determination of compensation therefor. 1961, c.15, s.3; R.S.S. 1965, s.54, s.8. Administration 9 The provisions of The Forest Act governing provincial forests, except as otherwise provided herein or by the regulations made hereunder, apply to provincial parks. 1960, c.27, s.7; R.S.S. 1965, s.54, s.9. Park management 10 Provincial parks shall be under the control of the minister and such officers of the department as may be designated by him for that purpose, and the minister or such officers may: (a) specify the particular purpose for which any park is to be used; (b) determine the methods to be employed in developing and operating each park with a view to the fulfilment of the purpose for which it is to be used;

5 5 (c) locate and construct such roads, trails and fire-guards as are deemed necessary; (d) locate and construct such wharves, trailer parks, parking lots, camping and picnic sites, camping and cooking facilities, lavatories, bathing and dressing-room facilities, and such other facilities, as are deemed necessary for the convenience of the public; (e) cause to be prepared a zoning plan for each park showing the uses for which the lands and resources in the park are best suited and setting forth such information respecting the suitability of the lands and resources for such uses as is deemed necessary; (f) cause surveys to be made to determine the continuing suitability of each park to meet the purpose for which it was established, and take such measures as is deemed necessary to maintain or improve each park; (g) prepare and implement plans for the development of each park; (h) order the closing or reopening of the whole or a specified part of a local road, trail, bridge or shore in a park to travel or other specified use. 1960, c.27, s.8; R.S.S. 1965, s.54, s.10. Use of parks and protected areas 11 Every provincial park and protected area shall be used for any one or more of the following purposes: (a) the provision of areas of protected natural beauty in which the people of Saskatchewan and others may employ their leisure hours in the pursuit of healthful and educational outdoor activities; (b) the propagation, protection and preservation therein of wild animal life and wild vegetation; (c) the protection and preservation therein of objects of archaeological, ethnological, geological, historical, palaeontological, or other scientific interest; (d) any other purpose, not inconsistent with this Act, authorized by the Lieutenant Governor in Council. 1960, c.27, s.9; R.S.S. 1965, s.54, s.11. Prohibition respecting excavation of certain objects 12 No person shall dig or explore for or excavate, move or alter any object of ethnological, archaeological, palaeontological or historical interest or significance in a provincial park or protected area, except in the manner and to the extent specified in a subsisting permit issued by the minister. 1962, c.18, s.4; R.S.S. 1965, s.54, s.12. Prohibition respecting destruction of certain objects 13 No person shall knowingly destroy, desecrate, deface or alter any ancient painting, carving on rock, skeletal or burial object, burial-place or burial mound unless authorized to do so by a subsisting permit issued by the minister. 1962, c.18, s.4; R.S.S. 1965, s.54, s.13.

6 6 Permits under section 12 or A permit issued under section 12 or 13 may be made subject to such terms and conditions respecting supervision and reporting and such other terms and conditions as the minister may prescribe and may limit the time during which and the area within which the permittee may carry on his operations, and any such permit may be cancelled by the minister at any time. 1962, c.18, s.4; R.S.S. 1965, s.54, s.14. Certain objects are property of Crown 15 Every object of ethnological, archaeological, palaeontological or historical interest or significance found in or taken from a provincial park or protected area shall be deemed to be the property of the Crown, and no person shall sell, trade or otherwise dispose of any such object. 1962, c.18, s.4; R.S.S. 1965, s.54, s.15. Restriction on disposal of certain objects 16 No person shall buy or otherwise acquire, or sell, trade or otherwise dispose of, an object of ethnological, archaeological or palaeontological interest or significance that has been found in or taken from any part of Saskatchewan, and that is not vested in the Crown, without first giving the minister an opportunity to acquire the object at its market value. 1962, c.18, s.4; R.S.S. 1965, s.54, s.16. Procedure where pre-historic or historic remains threatened with damage by commercial or other operations 17 Where any prehistoric or historic remains in Saskatchewan are threatened with destruction or damage through any commercial, industrial or other operation, the person undertaking the operation shall immediately give the minister notice thereof and delay the operation until the minister has operations had a reasonable opportunity of conducting such investigation and taking such recording and salvage measures as he considers necessary. If the minister conducts an investigation or takes recording or salvage measures and thereby causes actual financial loss to the person undertaking the operation, the minister shall pay to that person a reasonable sum as compensation for the loss. 1962, c.18, s.4; R.S.S. 1965, s.54, s.17. Power to enter into agreements providing for facilities and services 18 Subject to the approval of the Lieutenant Governor in Council, the minister may enter into an agreement with any person for the purpose of providing for the establishment and operation of any facilities or the furnishing of any services, or both, in a provincial park or protected area, for the convenience of the public. 1960, c.27, s.11; R.S.S. 1965, s.54, s.18. Local parks, camp grounds, etc. 19 The minister may co-operate with local residents, appropriate local organizations and municipal authorities in the development and supervision of local parks, camp grounds, picnic sites and other local areas to be used for recreational purposes, and where authorized by the Lieutenant Governor in Council may give limited financial assistance to such residents, organizations and authorities in the development of such areas. 1961, c.15, s.4; R.S.S. 1965, s.54, s.19.

7 7 Regulations 20 The Lieutenant Governor in Council may make regulations: (a) for the protection, care, management, control, maintenance and improvement of provincial parks and protected areas to ensure their use and enjoyment as public parks and pleasure grounds; (b) for the conduct of persons residing in or making use of any park or protected area; (c) for the lease, for any term of years, of such parcels of land in the parks or protected areas as are deemed advisable in the public interest, for public purposes, for the construction of buildings for ordinary habitation, for purposes of trade and industry, and for the accommodation of persons resorting to the parks or protected areas; (d) for the maintenance and improvement of properties in the parks including any lands sold or leased; (e) for zoning any portions of the parks or protected areas in order to regulate or confine the various uses of land therein ; (f) prescribing the class and style of buildings and other structures to be erected in the parks and protected areas, and the materials of which they shall be built, and classifying buildings and fire areas; (g) for the control and licensing of business, trades and traffic of every description within the parks or protected areas, and levying of licence fees; (h) for the construction, operation and maintenance of roads, bridges, piers, fences, sidewalks, lighting plants, water works and sewers, fire protection and sanitary systems and other public utilities within the parks; (i) for the preservation of the public health and the prevention of the spread of disease; (j) for the security of animal and vegetable life in the parks or protected areas, and the preservation thereof, and of the animals and vegetation therein, in a natural state; (k) for reserving any portions of the parks or protected areas deemed necessary for breeding places for animals, or for nurseries for trees, shrubs, plants and flowers; (l) for the maintenance and management of the parks or protected areas and the preservation of order therein; (m) for controlling and regulating the use, setting out and extinguishing of fires in the parks and protected areas; (n) for preventing, prohibiting, licensing, regulating, restricting or controlling the use of any area within the parks or protected areas by operators of automobiles, trucks, trailers, tractor-trailer units, house boats, motor boats, canoes, aircraft, hydroplanes or other conveyances; (o) for prohibiting the keeping of, or for controlling the use of or the manner of keeping, horses, dogs and other animals in provincial parks or protected areas and for licensing persons keeping horses, dogs or other animals in provincial parks or protected areas;

8 8 (p) for prescribing the maximum period during which a provincial park, or any specified portion thereof, may be used for any specified purpose, and for preventing the use of a park for any purpose other than the purpose for which the park was established; (q) for preventing the pollution or contamination of, or other injury to, any source of water supply or any well or any lake, stream, river, pond or other body of water in a provincial park or protected area; (r) for controlling, subject to The Vehicles Act, vehicular traffic in the provincial parks or any of them, including: (i) classifying vehicles for any and all purposes involving the use of roads, trails, streets, lanes, sidewalks and other public places; (ii) controlling and regulating the use of roads, trails, streets, lanes, sidewalks and other public places; (iii) regulating the speed of vehicles; (iv) defining the routes that vehicles or any class of vehicles must follow in entering or traversing a park or any part thereof; (v) preventing or restricting, controlling and regulating the parking of vehicles on all or any roads, trails, streets, lanes or other public places or any portion thereof; (s) for authorizing any peace officer or any conservation officer or other officer employed by the department to remove or cause the removal of a vehicle that is unlawfully placed, left or kept on any road, trail, street, lane, parking place or other area and to impound or store the vehicle and to release it to the owner upon payment of the cost of removal and impounding or storage within a period of thirty days after the date of the removal of the vehicle or within such extended period as may be specified in the regulations, and providing for the recovery of such cost, if not paid within the specified period, from the owner of the vehicle by action in a court of competent jurisdiction or by sale of the vehicle at public auction or by private sale ; (t) for imposing fees to be paid to the minister by owners or operators of vehicles parked or left at any place contrary to the regulations. 1960, c.27, s.12; 1962, c.18, s.5; R.S.S. 1965, s.54, s.20. Conservation officers have powers of constables 21 All conservation officers employed by the department have the powers of constables to enforce this Act and the regulations and are entitled to all the protection to which constables are entitled. 1960, c.27, s.13; R.S.S. 1965, s.54, s.21. Offences 22 No person shall, within a provincial park, protected area or recreation site, wilfully: (a) do anything that causes pollution or contamination of water or soil; or (b) leave or deposit any glass, poison or other thing or substance at a place where it might cause injury to any person; or

9 9 (c) destroy or damage any tree or any building or other structure or any electrical or plumbing fixture. 1962, c.18, s.6; R.S.S. 1965, s.54, s.22. Penalties 23(1) A person who violates any provision of this Act is guilty of an of fence and liable on summary conviction to a fine of not less than $25 nor more than $500 and in default of payment to imprisonment for a period not exceeding six months. (2) A person who violates any provision of the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $10 nor more than $500 and in default of payment to imprisonment for a period not exceeding six months. (3) Where a person is convicted of a violation of clause (c) of section 22 the convicting magistrate or justice of the peace shall, in addition to the fine imposed, order that a sum equivalent to the value of the thing destroyed, or a sum equivalent to the cost of repairing the thing damaged, as the case may be, be paid to him forthwith or within a stated period by the person convicted, and the magistrate or justice of the peace shall pay the sum to the minister forthwith upon receipt thereof. (4) In case of default in payment of any sum as required by an order made under subsection (3), the magistrate or justice of the peace may issue his warrant directed to a sheriff for the distress and sale of the goods and chattels of the defaulter, other than those exempt from seizure under writs of execution. 1962, c.18, s.6; R.S.S. 1965, s.54, s.23.

10 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER