National Historic Parks Wildlife and Domestic Animals Regulations (SOR/81-613)

Short Title

1 These Regulations may be cited as the National Historic Parks Wildlife and Domestic Animals Regulations.

Interpretation

2 In these Regulations,

Director

Director means a director of Parks Canada of the Department of the Environment; (Directeur)

domestic animal

domestic animal means an animal of a species of vertebrates that has been domesticated by man so as to live and breed in a tame condition and depend on man for survival; (animal domestique)

exotic wildlife

exotic wildlife means all wildlife that is not indigenous to a park; (espèce exotique)

firearm

firearm means any weapon from which any shot, bullet or other missile can be discharged and that is capable of causing injury or death to wildlife and includes anything that can be adapted for use as a firearm and anything that is designed for or capable of being used for the purpose of causing injury or death to wildlife; (arme à feu)

keep

keep with respect to a domestic animal, means to own, possess, harbour, maintain, or have control or custody of the domestic animal; (garder)

keeper

keeper with respect to a domestic animal, means the person who keeps it, except that where that person is under the age of eighteen years, keeper means the parent or other adult who is responsible for that person; (gardien)

Park

Park means any National Historic Park of Canada; (parc)

possession

possession has the same meaning as in subsection 3(4) of the Criminal Code; (possession)

Superintendent

Superintendent[Revoked, SOR/92-587, s. 2]

wildlife

wildlife means all wild mammals, amphibians, reptiles and wild birds and includes any part of such mammal, amphibian, reptile or bird, including their eggs or young. (animal sauvage)

Application

3 These Regulations do not apply to

• (a) any domestic animal being used to assist or guide blind persons; or

• (b) any domestic animal kept in the Park for purposes of Park management, preservation and control.

Wildlife

4 Except as otherwise provided in these Regulations, no person shall

• (a) disturb, hunt, capture or destroy any wildlife within a Park;

• (b) have in his possession, or in the possession of his servant or agent or any other person on his behalf, any wildlife killed or procured within a Park;

• (c) have in his possession within a Park any wildlife during a closed season for that wildlife, established for the Province in which the wildlife was captured or killed, or a closed season for that wildlife, established under the Migratory Birds Convention Act;

• (d) touch or feed wildlife in a Park or entice wildlife to approach by holding out food-stuffs or bait of any kind.

• 5 (1) The superintendent may issue a permit authorizing

  • (a) the taking or killing of wildlife within a Park for scientific purposes;

  • (b) the sale or other public disposal of wildlife products from a Park; and

  • (c) the relocation or destruction of wildlife when he considers it necessary for Park management purposes.

• (2) No person whom the superintendent has authorized to take or kill wildlife pursuant to paragraph (1)(a) shall remove from a Park any wildlife taken or killed without the permission of the superintendent.

• 6 (1) No person shall be in possession of a firearm within a Park unless

  • (a) the firearm is carried in a motor vehicle, is unloaded, dismantled or encased and is not easily accessible to any occupant of the motor vehicle; or

  • (b) he has a permit to carry a firearm issued by the superintendent and he is complying with the conditions of the permit.

• (2) Subsection (1) does not apply to a peace officer in the performance of his duty, to any person acting under a permit issued pursuant to subsection 5(1) or to any Park employee taking part in a historic re-enactment program or a historic animation program.

• 7 (1) Subject to subsection (2), no person shall use any poison, poisonous substance, gas or drug for the purpose of capturing, injuring or destroying wildlife, or have in his possession any poison, poisonous substance, gas, or drug that may be used for such purpose.

• (2) Subsection (1) does not apply to a peace officer, to the superintendent, or to a person acting under a permit issued pursuant to subsection 5(1).

8 No person shall, between sunset and sunrise, shine a movable light having a voltage greater than 4.5 volts in any area of a Park frequented by wildlife.

9 Except as otherwise authorized by the Director, no person shall release within a Park,

• (a) any wildlife;

• (b) any exotic wildlife; or

• (c) any domestic animal.

10 Every person in possession of a firearm shall immediately, on the request of a peace officer, allow the peace officer to inspect

• (a) the firearm; and

• (b) any permit relating to the possession or use of the firearm.

11 No person shall obstruct, hinder, or in any way interfere with or wilfully furnish false information to any peace officer in the discharge of his duties in administering or enforcing these Regulations.

Domestic Animals

12 No keeper shall bring or keep a domestic animal

• (a) in any building in a Park;

• (b) on any beach in a Park where public swimming is allowed; or

• (c) in any other area in a Park designated by the superintendent by means of a sign or notice as an area where domestic animals are prohibited.

• 13 (1) No keeper shall bring or keep a domestic animal in a Park unless the domestic animal is under physical control at all times in the Park.

• (2) For the purposes of subsection (1), physical control means

  • (a) restrained by a leash whose length does not exceed three metres; or

  • (b) kept in a container or enclosure, or in a motor vehicle.

14 The superintendent may, at any time and for such period of time as he deems necessary for the management or protection of the Park, prohibit the bringing into or keeping of domestic animals in the Park.

15 A keeper who brings a domestic animal into a Park shall ensure that the animal

• (a) does not become a nuisance or cause an unreasonable disturbance to persons;

• (b) does not bite or injure or attempt to bite or injure any person;

• (c) does not have any disease that may be contagious or dangerous to persons, domestic animals or wildlife; and

• (d) does not harass, chase or otherwise disturb wildlife or other domestic animals.

• 16 (1) The superintendent may order a keeper to remove from the Park any domestic animal that

  • (a) is dangerous or hazardous to persons;

  • (b) has a disease that is believed to be infectious or dangerous to persons or to other domestic animals or wildlife;

  • (c) has harassed, chased or otherwise disturbed other domestic animals or wildlife;

  • (d) has bitten or injured, or attempted to bite or injure, any person.

• (2) Any animal in respect of which an order has been made pursuant to subsection (1) shall be removed within a reasonable time and shall not be returned or brought into any Park, except in the case of a diseased domestic animal, which may be returned or brought into a Park when a certificate from a veterinarian indicating that the animal is in good health is provided to the superintendent.

17 No keeper shall keep or allow to remain in a Park any domestic animal in respect of which an order has been made pursuant to subsection 16(1), unless a certificate referred to in subsection 16(2) is issued.

• 18 (1) A peace officer or the superintendent may remove from a Park or cause to be impounded any domestic animal

  • (a) that is brought into or kept in a Park in violation of section 14; or

  • (b) that is not removed from a Park within a reasonable time following the making of an order pursuant to section 16.

• (2) A peace officer may destroy any domestic animal that is at large and that he has been unable to remove from a Park or impound.

• (3) Where a peace officer or the superintendent impounds a domestic animal pursuant to subsection (1) or where a peace officer destroys a domestic animal pursuant to subsection (2), the peace officer or superintendent, as the case may be, shall, if the name of the keeper can readily be ascertained, forthwith notify the keeper of the domestic animal.

19 No keeper shall remove an impounded domestic animal from impoundment without first paying the applicable impounding fee set out in the schedule for each day or part thereof during which the animal was impounded.

20 Where a domestic animal is not claimed by its keeper within a period of 72 hours after the impoundment, the superintendent may dispose of or authorize the disposal of the animal.

21 The keeper of a domestic animal that is at large in a Park shall, at the request of a peace officer or the superintendent, assist in capturing the domestic animal.