Bill 23 - An Act to Amend the Parks Act

BILL 23

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 The Parks Act, chapter 202 of the Revised Statutes, 2011, is amended by adding after section 5 the following:

Powers of Minister in relation to fees and rental

5.1(1) Subject to subsection (4), the Minister may fix, impose and collect fees or rental payable for any service offered in or in respect of a provincial park or for any use of a building, installation or facility, or any part of a building, installation or facility, in a provincial park.

5.1(2) Before fixing fees or rental under subsection (1), the Minister shall give notice to the public.

5.1(3) The Minister is not required to obtain the approval of the Board of Management before fixing fees or rental under subsection (1).

5.1(4) The Minister shall not fix fees that may be prescribed under paragraph 23(2)(k).

5.1(5) The Minister may waive, in whole or in part, fees or rental fixed under subsection (1)

(a) in relation to a special event, when the Minister considers it appropriate to do so,

(b) when the Minister, for the purpose of promoting the use of a provincial park or facilities in a provincial park, negotiates with any person a group rate in relation to that use, or

5.1(6) The Minister may refund, on a pro rata basis, the unused portion of a seasonal fee fixed under subsection (1).

5.1(7) The Regulations Act does not apply to an instrument made under the authority of subsection (1).

2 Section 12 of the Act is amended

(a) in paragraph (1)(a) by striking out “, for which a permit is not required”;

(b) by repealing subsection (2) and substituting the following:

12(2) If a person is authorized under paragraph (1)(a) to fix, impose and collect fees or rental,

(a) the Lieutenant-Governor in Council shall not make regulations under paragraph 23(2)(k) or (n) in relation to those fees or rental, and

(b) the Minister shall not fix, impose or collect those fees or rental under subsection 5.1(1).

3 Section 23 of the Act is amended

(a) in subsection (2)

(i) by repealing paragraph (j) and substituting the following:

(j) providing for the issuing of permits to persons to enter a provincial park, occupy a campsite in a provincial park, berth, moor, anchor, beach, launch or dock a boat in a provincial park, land an aircraft in a provincial park or otherwise use land in a provincial park;

(ii) by repealing paragraph (k) and substituting the following:

(k) prescribing the fees for a permit referred to in paragraph (j);

(iii) by repealing paragraph (n) and substituting the following:

(n) providing for the imposition and collection of fees for a permit referred to in paragraph (j);

(b) in subsection (4)

(i) in paragraph (a) of the English version by striking out “or” at the end of the paragraph;

(ii) in paragraph (b) by striking out the period at the end of the paragraph and substituting a comma followed by “or”;

(iii) by adding after paragraph (b) the following:

4 Schedule A of the Act is amended

(a) by striking out

The Rocks Provincial Park

(b) by adding the following in alphabetical order:

Hopewell Rocks Provincial Park

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.