BILL 75

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 202 of the Revised Statutes, 2011, is amended

(a)  in paragraph (a) of the definition “Department” by striking out “Schedule A” and substituting “Schedule A.1 of the General Regulation - Parks Act”;

(b)  in paragraph (a) of the definition “Minister” by striking out “Schedule A” and substituting “Schedule A.1 of the General Regulation - Parks Act”;

(c)  by repealing paragraph (a) of the definition “provincial park” and substituting the following:

(a)  an area of land established and maintained under this Act and the regulations as a cultural heritage park, a linear park, a natural environment park, a recreational park, a wilderness park or a park prescribed by regulation,

2 Section 3 of the Act is repealed and the following is substituted:

Purpose of provincial parks

3 All provincial parks are dedicated to residents of the Province, visitors and future generations to

(a)  permanently protect ecosystems, biodiversity and the elements of natural and cultural heritage,

(b)  provide opportunities for recreational and outdoor educational activities to promote a healthy lifestyle,

(c)  provide opportunities to increase knowledge and appreciation of the natural and cultural heritage of the Province, and

(d)  offer a tourism product that enhances the Province’s image as a quality vacation destination.

3 Subsection 10(2) of the Act is amended

(a)  in the portion preceding paragraph (a) by striking out “, or any person designated by the Minister to act on the Minister’s behalf,”;

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

(e.1)  create an advisory committee including members of First Nations;

4 The Act is amended by adding after section 10 the following:

Resource management plans

10.1( 1) The Minister shall ensure that the Department prepares a resource management plan at least every ten years for each provincial park that includes the different zones, resource protection measures, the use and development of resources and any other information the Minister considers appropriate.

10.1( 2) Subsection (1) does not apply to a provincial park that is classified as a cultural heritage park under the General Regulation - Parks Act.

Review of Act

10.2 The Minister shall initiate a review of this Act, and the review shall be completed no later than December 31, 2024 and every ten years after that.

5 Subsection 14(2) of the Act is repealed and the following is substituted:

14( 2) The following persons are park wardens by virtue of their office:

(a)  a police officer as defined in the Police Act;

(b)  a member of the Royal Canadian Mounted Police;

(c)  an off-road vehicle enforcement officer as defined in the Off-Road Vehicle Act; and

(d)  a conservation officer appointed under the Fish and Wildlife Act.

6 The Act is amended by adding after section 14 the following:

Security guards

14.1 The Minister may appoint any person as a security guard who shall administer the policies and procedures established by the Minister.

7 Subsection 17(1) of the Act is amended by striking out “If the Minister or a park warden” and substituting “If the Minister, a park warden or a security guard”.

8 Section 20 of the Act is amended by striking out “, or any person designated by the Minister to act on the Minister’s behalf,”.

9 Subsection 22(1) of the Act is repealed and the following is substituted:

22( 1) Despite any other Act, all provincial parks are reserved by the Crown from prospecting, staking, drilling, mining and quarrying.

10 Section 23 of the Act is amended

(a)  in subsection (2)

( i) by adding after paragraph (a) the following:

(a.1)  classifying provincial parks;

(a.2)  providing for appointments to the advisory committee, including the size and composition of the committee and the term of office and qualifications of its members and establishing procedures and quorum of the committee;

(a.3)  fixing the remuneration of members of the advisory committee and setting the rate for reimbursement of expenses incurred by the members while exercising their powers or performing their duties;

( ii) by repealing paragraph (b);

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

(h.1)  prohibiting the possession or ignition of fireworks and authorizing the Minister, in the Minister’s discretion, to create an exception to the prohibition;

( iv) by adding after paragraph (m) the following:

(m.1)  prescribing the period of time of occupancy at a campsite and authorizing the Minister, in the Minister’s discretion, to determine a different period;

(b)  by repealing subsection (5).

11 Schedule A of the Act is repealed.

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