P-9 - Parks Act

Full text
chapter P-9
Parks Act
PARKSDecember 31 1977
DIVISION I
INTERPRETATION
1. In this Act, unless the context indicates a different meaning,
(a)  Minister means the minister designated by the Government;
(b)  park means a territory determined according to section 2;
(c)  conservation park means a park primarily intended to ensure the conservation and permanent protection of territory representative of the natural regions of Québec, or of natural sites presenting exceptional features, while rendering them accessible to the public for the purposes of education and cross-country recreation;
(d)  recreation park means a park primarily intended to foster the practice of various outdoor recreational activities, while protecting the natural environment;
(e)  cross-country recreation means a type of recreation characterized by the use of little frequented territory and the use of relatively simple equipment;
(f)  regulation means a regulation made by the Government under this Act.
1977, c. 56, s. 1; 1979, c. 77, s. 34; 1985, c. 30, s. 58; 1986, c. 109, s. 43; 1994, c. 17, s. 76; 1999, c. 36, s. 141.
1.1. In this Act, `Société´ means the Société de la faune et des parcs du Québec, established under section 1 of the Act respecting the Société de la faune et des parcs du Québec (chapter S-11.012).
1999, c. 36, s. 142.
DIVISION II
ESTABLISHMENT OF PARKS
2. The Government, by regulation, may set aside any part of the lands in the domain of the State that it may indicate, as a park for the exclusive purposes of conservation or outdoor recreation.
1977, c. 56, s. 2; 1987, c. 23, s. 76; 1999, c. 40, s. 208.
2.1. The Minister may acquire, by agreement or by expropriation, any property he considers necessary for the establishment of a park or for making changes in its boundaries.
1985, c. 30, s. 59.
3. At its establishment under section 2, every park shall be classified as a conservation park or a recreation park according to its primary intention.
1977, c. 56, s. 3; 1985, c. 30, s. 60; 1986, c. 109, s. 44.
4. The Government may establish or abolish, or change the boundaries or classification of, a park, if the Minister has previously;
(a)  given notice of his intention to establish or abolish or to change the boundaries or classification of the park in the Gazette officielle du Québec and in one or two newspapers published in the region concerned, or, if no newspaper is published in that region, in one or two newspapers published in the closest neighbouring region;
(b)  granted 60 days from the publication of such notice to enable interested persons to submit their objections to him in writing;
(c)  received in a public hearing the persons contemplated in paragraph b.
The public hearing provided for in paragraph c may be held by a person designated by the Minister.
1977, c. 56, s. 4; 1985, c. 30, s. 61; 1999, c. 40, s. 208.
DIVISION III
ADMINISTRATION
5. No part of the lands forming a park may be sold or exchanged.
1977, c. 56, s. 5.
6. The Société has the control and administration of all the territory comprised in a park.
The Société may authorize or carry out any work of maintenance, development or construction that may serve to maintain or improve the quality of a park.
Every provision of law or of a regulation not inconsistent with this act and the regulations applies in a park.
1977, c. 56, s. 6; 1999, c. 36, s. 143.
6.1. Every person who enters a park or stays, travels or engages in an activity in a park must, in the cases determined by regulation, hold an authorization issued for that purpose by the Société or a person designated by the Société. The authorization shall be issued on payment of the fees fixed in the regulation.
1995, c. 40, s. 1; 1999, c. 36, s. 144.
7. Notwithstanding any provision of law,
(a)  hunting or trapping of every kind is prohibited in a park;
(b)  all forms of prospecting, and any utilization, harvesting or harnessing of resources related to logging, mining or the production of energy, and the laying of oil or gas pipelines or power lines, are prohibited within the confines of a park.
Notwithstanding subparagraph b, the electric power transmission equipment, electric power control and transformer stations and the telecommunications equipment required for the operation of a park may, at the request of the Société, be constructed, operated and maintained in a park.
Subparagraph b of the first paragraph does not apply to rights relating to electric power generating works or equipment, electric power or communications transmission equipment or to control and transformer stations already in existence.
1977, c. 56, s. 7; 1986, c. 109, s. 45; 1999, c. 36, s. 145.
8. No person may do other maintenance, development or construction work in or make changes to the grounds of a park without prior authorization of the Société pursuant to the second paragraph of section 6.
1977, c. 56, s. 8; 1985, c. 30, s. 62; 1999, c. 36, s. 146.
8.1. No person may operate a business or provide a service in a park without priorly making a contract to that effect with the Société or obtaining its authorization.
The contract may provide that all or part of the fees paid to enter a park or to stay, travel or engage in an activity in a park devolve on the other contracting party.
1985, c. 30, s. 62; 1988, c. 39, s. 43; 1995, c. 40, s. 2; 1999, c. 36, s. 147.
8.2. The Société may authorize a project contemplated in sections 8 and 8.1 to proceed, provided its execution is compatible with continued conservation of the natural environment or preservation of the recreational potential, in accordance with the primary intention of the park.
1985, c. 30, s. 62; 1999, c. 36, s. 148.
DIVISION IV
REGULATIONS
9. The Government may make regulations, in respect of a park, to
(a)  ensure the protection and conservation of the natural environment, or any specific element thereof;
(b)  divide it into different zones;
(c)  determine to what extent and for what purposes the public may be admitted;
(d)  fix the conditions governing any person staying, travelling or engaging in an activity in a park;
(e)  prohibit or regulate the possession and transport of arms, hunting gear or fishing tackle;
(f)  prohibit or regulate the use of boats, aircraft or any type of vehicle, motorized or not;
(g)  absolutely or partially prohibit fishing and determine the conditions on which fishing may be allowed;
(h)  regulate the transportation and possession of animals or fish;
(i)  prohibit or regulate the posting of bills;
(j)  ensure that the park is kept clean and orderly and the persons enjoy peace and quiet;
(k)  prohibit certain outdoor activities;
(l)  fix the conditions for participation in outdoor activities;
(m)  determine the cases where a person may be refused admittance or ejected;
(n)  entrust employees with any power or duty connected with admissions or activities;
(o)  prescribe the rules of procedure to be followed at public hearings;
(p)  determine which of the prescriptions of regulations made under this section entail penalties under section 11.3 for their contravention.
1977, c. 56, s. 9; 1985, c. 30, s. 63; 1995, c. 40, s. 3.
9.1. The Government may also, by regulation,
(a)  determine the cases in which an authorization issued by the Société is required to enter a park or to stay, travel or engage in activities in a park and the fees payable to obtain such authorization;
(b)  exempt, in the cases it determines, any person or class or group of persons it identifies from all or part of the obligations imposed by section 6.1 or those prescribed in the regulation, on the basis, in particular, of a person’s age;
(c)  confer on the employees of a park or of the other party to a contract made under section 8.1 any power or duty relating to the carrying out of section 6.1 and of the regulations made under this section;
(d)  determine the obligations of persons who enter a park or stay, travel or engage in an activity in a park;
(e)  determine which of the provisions of a regulation made under this section entail penalties under section 11.3 for their contravention.
The fees prescribed in subparagraph a of the first paragraph may vary according to the persons or classes or groups of persons which the Government may determine, in particular, on the basis of a person’s age.
The fees may also vary according to the times of the year or of the day determined by the Government at which persons enter the park, or stay, travel or engage in an activity in the park and, in the case of fishing, according to whether they hold a fishing licence for resident or for non-resident and according to the species to be fished.
Finally, the fees may vary according to the places frequented or the means used to enter or travel in such places, namely, on foot, in a vehicle or by boat or aircraft and, in the latter three cases, according to the type of vehicle, boat or aircraft or according to whether they are motorized or not.
1995, c. 40, s. 4; 1999, c. 36, s. 149.
10. (Repealed).
1977, c. 56, s. 10; 1995, c. 40, s. 5.
DIVISION V
PENAL PROVISIONS
1992, c. 61, s. 427.
11. Every person who infringes subparagraph a of the first paragraph of section 7 in respect of big game within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) is liable to a fine of $1,825 to $5,475 for the first offence and to a fine of $5,475 to $16,400 for any subsequent offence within 3 years of conviction for an offence under the said provision in respect of big game, and the judge may, in addition, sentence the offender to imprisonment for a term of not over one year, notwithstanding article 231 of the Code of Penal Procedure (chapter C-25.1).
1977, c. 56, s. 11; 1985, c. 30, s. 64; 1986, c. 58, s. 68; 1986, c. 109, s. 53; 1986, c. 109, s. 46; 1990, c. 4, s. 622; 1991, c. 33, s. 89.
11.1. Every person who infringes subparagraph a of the first paragraph of section 7 in respect of animals other than big game within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) is liable to a fine of $500 to $1,475 for the first offence and to a fine of $1,475 to $4,375 for any subsequent offence within 3 years of conviction for an offence under the said provision in respect of animals other than big game and the judge may, in addition, sentence the offender to imprisonment for a term of not over 3 months, notwithstanding article 231 of the Code of Penal Procedure (chapter C-25.1).
1985, c. 30, s. 64; 1986, c. 109, s. 47; 1990, c. 4, s. 623; 1991, c. 33, s. 90.
11.2. Every person who infringes subparagraph b of the first paragraph of section 7 or section 8 or 8.1 is liable to a fine of $325 to $7,000.
1985, c. 30, s. 64; 1986, c. 109, s. 48; 1990, c. 4, s. 624; 1991, c. 33, s. 91.
11.3. Every person who infringes section 6.1 or any regulation the contravention of which is an offence under paragraph p of section 9 or under subparagraph e of the first paragraph of section 9.1 is liable to a fine of $50 to $1,400.
1985, c. 30, s. 64; 1986, c. 109, s. 49; 1990, c. 4, s. 624; 1991, c. 33, s. 92; 1995, c. 40, s. 6.
11.4. Any conviction for an offence under a provision of subparagraph a of the first paragraph of section 7 entails the confiscation of the thing seized.
Upon pronouncing a conviction for an offence under a provision of subparagraph b of the first paragraph of section 7, section 8 or 8.1 or a provision of any regulation the contravention of which constitutes an offence under paragraph p of section 9, a judge may, on the application of the prosecutor, order the confiscation of the thing seized. However, where fish is seized, the conviction entails the confiscation thereof.
Prior notice of the application for confiscation shall be given by the prosecutor to the person from whom the thing was seized or to the offender, except where they are in the presence of the judge.
1985, c. 30, s. 64; 1992, c. 61, s. 428.
11.5. Every person who, by act or omission, aids another person to commit an offence is guilty of the offence as if he had committed it himself, if he knew or should have known that his act or omission would probably lead to aiding the commission of the offence.
Every person who, by encouragement, advice or order, induces another person to commit an offence is guilty of the offence and of any other offence committed by the other person as a result of the encouragement, advice or order, if he knew or should have known that they would probably lead to the commission of the offence.
1985, c. 30, s. 64.
11.6. Any conviction for an offence committed in contravention of subparagraph a of the first paragraph of section 7 may entail, as the judge decides, the suspension of every certificate or hunting or trapping licence held by the offender or, as the case may be, a prohibition against applying therefor for a period of not more than 24 months from the date of conviction.
Prior notice of the application for suspension shall be given to the offender by the prosecutor, except where the parties are in the presence of the judge.
In the case of big game, any conviction for an offence committed in contravention of subparagraph a of the first paragraph of section 7 entails of right the cancellation of every certificate or hunting or trapping licence held by the offender or, as the case may be, a prohibition against applying therefor for a period of 24 months from the date of conviction.
In the case of a subsequent offence in respect of the same class of animals, either big game or animals other than big game, within 3 years of the previous conviction, the period of suspension, cancellation or prohibition shall be twice the period provided in this section.
In the case of a third offence in respect of the same class of animals within 3 years of the first conviction, the period of suspension, cancellation or prohibition shall be three times the period provided in this section.
1985, c. 30, s. 64; 1986, c. 109, s. 50; 1992, c. 61, s. 429.
11.7. The hunting or trapping licence or, as the case may be, the hunting or trapping certificate of a person convicted for an offence committed in contravention of subparagraph a of the first paragraph of section 7 while his permit or, as the case may be, his certificate is already cancelled or suspended shall be, as the case may be, cancelled of right or, notwithstanding the first paragraph of section 11.6, suspended of right for an additional period of 24 months subsequent to the first cancellation or suspension.
Every person prohibited from holding a certificate or a hunting or trapping licence who is convicted of an offence under subparagraph a of the first paragraph of section 7 while the prohibition is in effect shall be prohibited from applying for such a certificate or licence for an additional period of 24 months subsequent to the first period of prohibition.
1985, c. 30, s. 64; 1986, c. 109, s. 51.
11.8. Sections 175 and 176 of the Act respecting the conservation and development of wildlife (chapter C-61.1) apply in the case of a cancellation or suspension of permit or certificate effected under this Act.
1985, c. 30, s. 64.
12. (Repealed).
1977, c. 56, s. 12; 1990, c. 4, s. 625.
DIVISION VI
TRANSITIONAL AND FINAL PROVISIONS
13. The Government may make a regulation to classify as either a national park or a recreation park, according to its primary intention, a park which, prior to 29 November 1977, was subject to the Provincial Parks Act (Revised Statutes, 1964, c. 201).
The Provincial Parks Act and the regulations made thereunder, which continue to apply to a park contemplated in the first paragraph pursuant to the second paragraph of section 13 of chapter P-9 of the Revised Statutes of Québec, 1977, continue to apply to it until the date of the coming into force of a regulation made under the first paragraph.
The regulation under the first paragraph must come into force before 30 November 1981.
1977, c. 56, s. 13; 1979, c. 59, s. 1.
14. The Government may, in accordance with section 4, change the boundaries of a park contemplated in section 13.
1977, c. 56, s. 14; 1979, c. 59, s. 1.
15. The protection officer within the meaning of the Act respecting the conservation and development of wildlife (chapter C-61.1) is empowered to see to the enforcement of this Act and the regulations thereunder and he shall have, for the purposes of this Act, the powers of a peace officer.
1977, c. 56, s. 16; 1983, c. 39, s. 195; 2000, c. 48, s. 36.
15.1. The Minister may designate public servants to assist the Minister in exercising the powers and functions conferred on the Minister by this Act; they shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).
The Minister may also, for the same purpose, assign a mandate to the Société or to any other person or partnership.
1999, c. 36, s. 150; 2000, c. 8, s. 242.
16. The Minister is entrusted with the application of this Act.
1977, c. 56, s. 17.
The Minister of Natural Resources, Wildlife and Parks is entrusted with the application of this Act. Order in Council 563-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2527.
The Minister for Forests, Wildlife and Parks exercises, under the authority of the Minister of Natural Resources, Wildlife and Parks, the functions provided for in this Act as regards forests, wildlife and parks. Order in Council 570-2003 dated 29 April 2003, (2003) 135 G.O. 2 (French), 2531.
17. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 56 of the statutes of 1977, in force on 31 December 1977, is repealed, except section 18, effective from the coming into force of chapter P-9 of the Revised Statutes.