About the Proposed National Parks of Canada Land Use Planning Regulations

The proposed Land Use Planning Regulations were included for pre-publication in the Canada Gazette, Part I, Volume 157, Number 39, for public review and comment from September 30 to October 30, 2023. Consultation is now closed.

A What We Heard Report is now available that summarizes feedback received and outlines next steps for the Land Use Planning Program. To learn more, please visit the Past Consultations page. Thank you for your participation and continued interest.

Click to open Volume 157, Number 39

Background
The goal of the proposed National Parks of Canada Land Use Planning Regulations is to establish a robust decision-review framework for new land uses, construction, and renovation projects in National Parks. The new Regulations will repeal four existing regulations related to construction and development in National Parks that date back to the 1960s and no longer reflect modern-day realities. Through previous consultations, we heard continued support for a consistent process with updated tools and greater transparency throughout the decision-making process.

Feedback helped ensure the proposed National Parks of Canada Land Use Planning Regulations include:

• A consistent approach to public and Indigenous consultation
• New mechanisms for variances and exemptions for small and routine projects
• Pre-application meeting requirements for complex projects
• Enhanced consideration for different local contexts
• A clear process for the subdivision of lands and the review of decisions

What's new?
Since we consulted in 2022, the Regulations have been revised to reflect feedback received and are advancing through the regulatory approval process.

In response to feedback received, the following revisions were made:

• Simplified language
  Sections were rewritten to improve clarity and interpretation.
• Local flexibility
  Additional flexibility and authority was provided for local decision-making:
  • Introduction of an Authorizations section to the Regulations to enable additional local authorizations for minor, routine works, where appropriate.
  • Revised Public Consultation section to provide authority to the superintendent, with the Interpretive Guidelines to provide minimum consultation requirements. The Regulations maintain the requirement to consult with Indigenous peoples if a proposed project has any potential impact on the rights of Indigenous peoples.
  • More generalized list of permit exceptions to enable local decision-making.
• Section Specific Revisions
  Specific sections were revised in response to comments provided, including adoption of recommended wording and park specific provisions. Strict development controls were maintained.

Revisions have also been made to the Regulations based on best practices in regulatory development, including:

• Exception – Indigenous peoples of Canada
  The previous consultation draft of the Regulations included an exception for Indigenous peoples of Canada (former section 3). The rights of Indigenous peoples are legally guaranteed through Section 35 of the Constitution Act which recognizes and affirms these rights. As such, the exception is not required in the Regulations as it is not an exception, but instead a legal guarantee through the Constitution Act.
• Consequential Amendments
  Administrative changes were made to the wording of proposed consequential amendments to other regulations, including removing references to sections that have since been removed and clarifying language.
• Formatting and Reference Revisions
  References through the Regulations were updated in response to shifted section numbers. Revisions were made to formatting and wording to reflect best practices and align with other Parks Canada regulations.
  
  

What’s next?
Parks Canada is reviewing all comments made through the Canada Gazette and will incorporate any necessary changes into the Regulations. The next step in the regulatory approval process is consideration by Treasury Board Secretariat, and if supported, publication in the Canada Gazette, Part II, prior to coming into force. In the meantime, Parks Canada will continue to refine supporting tools and policies, including the Interpretive Guidelines, to ensure the proposed process is clear and easy to navigate.