BILL 2

An Act to Amend the
Parks Act

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

1 Section 1 of the Parks Act, chapter P-2.1 of the Acts of New Brunswick, 1982, is amended by repealing the definition “Minister” and substituting the following:

“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;

2 Subsection 3(2) of the Act is amended in the portion following paragraph (g) by striking out “has an area of less than twenty hectares, or”.

3 Section 8 of the Act is amended by adding after subsection (4) the following:

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.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

“Minister” means (Ministre)

(a)  in relation to the provincial parks listed in Schedule A and other than in paragraph 3(2)(f), the Minister of Tourism and Parks, or

(b)  in relation to all other provincial parks and in paragraph 3(2)(f), the Minister of Natural Resources;

Section 2

The existing provision is as follows:

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 an area of less than twenty hectares, or 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.

Section 3

New provision.