PARKS. The Parks Act. being

Transcription

1 1 The Parks Act being Chapter P-1.1 of the Statutes of Saskatchewan, 1986 (effective August 1, 1986) as amended by the Statutes of Saskatchewan, 1986, c.33; , c.50 and 54; , c.s-63.1; 1992, c.60; 1994, c.43; 1996, c.f-19.1 and c.9; 1998, c.5; 2000, c.57; 2001, c.8; 2002, c.s-35.02; 2003, c.35; 2004, c.t-18.1; 2005, c.s-35.03; 2006, c.29; 2008, c.19; 2010, c.e-10.22; 2012, c.26; 2013, c.22 and 32; and 2016, c.p NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents SHORT TITLE AND INTERPRETATION 1 Short title 2 Interpretation ESTABLISHMENT OF PARKLAND 3 Dedication of park land 4 Provincial parks 5 Protected areas 6 Recreation sites 7 Historic sites 8 Provincial markers ESTABLISHMENT AND USE OF PARK LAND RESERVE 9 Park land reserve 10 Administration of park land reserve 11 Disposition of park land reserve 12 Alteration of park land reserve ADMINISTRATION AND DISPOSITION OF PARK LAND 13 Minister s responsibility 14 Grant or transfer prohibited 15 Disposition 16 No title through possession 17 Implied reservations 18 Reservation not set out 19 Implied conditions of dispositions Annual fees payable by holders of recreational leases 19.1 Summary proceedings for possession 19.2 Service 20 Removal of property 21 Liability on removal of property 22 Application of Dominion Lands Act 23 Existing dispositions 24 Roads within park lands USE OF PARK LAND 25 Use in accordance with Act 26 Zones 27 Regulations ENFORCEMENT 28 Enforcement officers 29 Protection of enforcement officers 30 Search and seizure 30.1 Stopping vehicle or water vessel 31 Disposal of seized articles or documents 32 Eviction of persons from park land 33 Liability of owner of vehicle GENERAL 34 Offence and penalty 34.1 Evidence re speed measuring devices 35 Regulations 36 Crown bound 37 R.S.S. 1978, c.p-34 repealed SCHEDULE I Provincial Parks SCHEDULE II Protected Areas

3 3 CHAPTER P-1.1 An Act respecting the Establishment, Maintenance and Use of Park Land and Park Land Reserve SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Parks Act. Interpretation 2(1) In this Act: (a) Crown means Her Majesty the Queen in right of Saskatchewan; (b) Crown lands means lands in Saskatchewan owned by the Crown; (c) department means the department over which the minister presides; (c.1) direct service costs means the direct cost of services provided by the department to a holder of a recreational lease, as those costs are determined by the minister in accordance with the regulations; (d) disposition means a permit, lease, licence, easement or other authorization granted by the minister pursuant to section 15; (e) enforcement officer means an enforcement officer appointed pursuant to section 28 and includes a member of the Royal Canadian Mounted Police; (e.1) fiscal year means the period commencing on April 1 of one year and ending on March 31 of the following year; (e.2) holder of a recreational lease means the person to whom the minister has issued a lease pursuant to section 15 for the use and occupation of park land for recreational purposes; (f) minister means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (g) park land means Crown land constituted pursuant to this Act as a provincial park, protected area, recreation site or historic site; (g.1) prescribed means prescribed in the regulations; (h) provincial park means an historic park, a recreation park, a natural environment park or a wilderness park designated pursuant to section 4; (i) provincial highway means a provincial highway as defined in The Highways and Transportation Act, 1997; (j) vehicle means any conveyance, other than a water vessel, that is drawn, propelled or driven by any mechanical means.

4 4 (2) For the purposes of sections 25, 26 and 27: (a) land set aside pursuant to an Act or an Act of Canada for the making of a road, on which a road has not been constructed; and (b) the portion of a provincial highway that is not a roadway within the meaning of The Highways and Transportation Act, 1997; that is within the outside boundaries of park land, is deemed to be park land. 1986, c.p-1.1, s.2; , c.50, s.3; 1992, c.60, s.3; 2003, c.35, s.3; 2006, c.29, s.3 ESTABLISHMENT OF PARK LAND Dedication of park land 3(1) Park land is dedicated to the people of Saskatchewan and visitors to Saskatchewan for their enjoyment and education. (2) The natural, prehistoric and historic resources of park land are to be maintained for the benefit of future generations. 1986, c.p-1.1, s.3. Provincial parks 4(1) The Crown lands described in Schedule I are constituted as provincial parks to be known by the names set out in Schedule I. (2) The provincial parks described in Part A of Schedule I are designated as historic parks and are to be used primarily for the preservation of prehistoric and historic resources and for the interpretation of prehistoric and historic themes. (3) The provincial parks described in Part B of Schedule I are designated as recreation parks and are to be used primarily for the pursuit of outdoor recreational activities in a natural setting. (4) The provincial parks described in Part C of Schedule I are designated as natural environment parks and are to be used primarily for the pursuit of outdoor recreational activities that are consistent with the protection of natural landscapes. (5) The provincial parks described in Part D of Schedule I are designated as wilderness parks and are to be used primarily for the preservation of natural landscapes in a natural state and the pursuit of outdoor recreational activities that are consistent with that use. 1986, c.p-1.1, s.4. Protected areas 5(1) The Crown lands described in Schedule II are constituted as protected areas to be known by the names set out in Schedule II. (2) Protected areas are to be used primarily for the protection and preservation of their natural, prehistoric or historic resources of interest or significance. 1986, c.p-1.1, s.5.

5 5 Recreation sites 6 The Lieutenant Governor in Council may make regulations constituting as a recreation site any Crown lands that he considers suitable for recreational purposes. 1986, c.p-1.1, s.6. Historic sites 7 The Lieutenant Governor in Council may make regulations constituting as an historic site any Crown lands that he considers contain significant prehistoric or historic resources. 1986, c.p-1.1, s.7. Provincial markers 8 The minister may, with the consent of the owner of land, install and maintain, or authorize the installation of, provincial markers on that land where he considers it appropriate to interpret any significant prehistoric or historic theme or event, historic personage or feature of scientific or natural interest. 1986, c.p-1.1, s.8. ESTABLISHMENT AND USE OF PARK LAND RESERVE Park land reserve 9(1) Subject to subsections (2) and (3), the Lieutenant Governor in Council may make regulations constituting any Crown lands as park land reserve for the purpose of protecting those lands while a determination is made as to whether or not the lands should be established as a provincial park or protected area. (2) A regulation made constituting park land reserve is to contain a description of the Crown lands constituted as park land reserve and whether it is contemplated that they be established as an historic, recreation, natural environment or wilderness park or as a protected area. (3) A regulation made constituting park land reserve expires five years after the day on which it is made. 1986, c.p-1.1, s.9. Administration of park land reserve 10 Subject to sections 11 and 12, Crown lands constituted as park land reserve are to be administered: (a) in the case of provincial lands as defined in The Provincial Lands Act, 2016, in accordance with that Act and the regulations made pursuant to that Act; and (b) in all other cases, in accordance with any Act that determines how the lands are to be administered. 1986, c.p-1.1, s.10; 2016, c P-31.1, s

6 6 Disposition of park land reserve 11(1) No person shall grant or transfer any Crown lands constituted as park land reserve. (2) No person shall dispose of any interest in, or grant any right with respect to, park land reserve unless permitted by the regulations or authorized by the minister. (3) Disposition of an interest in, or granting of any right with respect to, park land reserve pursuant to subsection (2) is to be made in accordance with the terms and conditions prescribed in the regulations and the terms and conditions, not inconsistent with this Act and the regulations, that the minister may determine. (4) This section does not apply to the issuance of Crown dispositions pursuant to The Crown Minerals Act. 1986, c.p-1.1, s.11. Alteration of park land reserve 12(1) No person shall alter park land reserve unless the alteration is permitted in the regulations or authorized by the minister. (2) This section does not apply to Crown dispositions issued pursuant to The Crown Minerals Act. 1986, c.p-1.1, s.12. ADMINISTRATION AND DISPOSITION OF PARK LAND Minister s responsibility 13 The minister is responsible for the administration, management, planning, development and maintenance of all park land. 1986, c.p-1.1, s.13. Grant or transfer prohibited 14 No person shall grant or transfer any park land. 1986, c.p-1.1, s.14. Disposition 15(1) In this section, invested private capital means expenditures that a person who seeks a disposition will make, pursuant to an agreement, to complete a project related to that disposition but does not include any expenditures: (a) using moneys from the Government of Canada or the Government of Saskatchewan, including money provided by way of a grant, loan, guarantee or other means; or (b) made for the development of a property that is subject to a recreational lease.

7 7 (2) Subject to the other provisions of this Act and the terms and conditions prescribed in the regulations, the minister may, on the terms and conditions he determines that are not inconsistent with the terms and conditions prescribed in the regulations: (a) issue permits, licences or other authorizations for the use and occupation of park land for a term not exceeding five years; (b) enter into agreements to lease any park land or to grant an easement or other authorization with respect to park land where: (i) the term of an agreement does not exceed 21 years; (ii) expenditures required to be made by the Crown pursuant to an agreement do not exceed $50,000; and (iii) the invested private capital pursuant to an agreement does not exceed $250,000; and (c) subject to the approval of the Lieutenant Governor in Council, enter into agreements to lease any park land or to grant an easement or other authorization with respect to park land where: (i) the term of an agreement is more than 21 years; (ii) expenditures required to be made by the Crown pursuant to an agreement are more than $50,000; or (iii) the invested private capital pursuant to an agreement is more than $250,000. (3) Repealed , c.50, s , c.p-1.1, s.15; , c.50, s.4; 2003, c.35, s.4; 2012, c.26, s.3. No title through possession 16 No person acquires right or title to park land through the use, possession or occupation of it. 1986, c.p-1.1, s.16. Implied reservations 17 Every disposition of park land is subject to the following implied reservations to the Crown: (a) a right to construct, widen or maintain any roads or drainage works on any park land and to use any wood, gravel or other material on any park land in that construction or maintenance without in any way compensating the holder of the disposition;

8 8 (b) all mines and minerals of every kind found on, in or under park land and the right to work and extract those mines and minerals and to enter on, use and occupy any park land for that purpose; (c) the property in and the right to and to the use of all the water at any time in any lake, river, stream or other body of water and to the land forming the bed and bank of such water; (d) the property in and the right to and to the use of all water powers and lands on or in which there is water power, or that are required for the protection of any water power or for the purposes of any undertaking for the use and development of water power; (e) all trees, standing, fallen or cut and the right to enter on any park land to cut and remove trees; (f) the right to develop and maintain any irrigation works or works of any nature considered by the minister to be in the public interest on any park land and to enter on park land for that purpose and develop and maintain such works without compensating the holder of the disposition; and (g) all other reservations with respect to Crown lands provided for in any Act. 1986, c.p-1.1, s.17. Reservation not set out 18 Every disposition is to be read and construed and has effect as if all reservations referred to in section 17 were expressly set forth in the disposition. 1986, c.p-1.1, s.18. Implied conditions of dispositions 19 Every disposition of park land is subject to the following conditions, whether or not the conditions are set out in the disposition: (a) unless otherwise prescribed in the regulations or set out in the disposition, the minister may, at any time during the term of a disposition, on 30 days written notice to the holder of the disposition, cancel the disposition: (i) for default in payment of any rent or other consideration required by the disposition; (ii) for the breach or non-performance of any term or condition of the disposition; or (iii) where the disposition was issued through fraud or error or the holder of the disposition misrepresented or failed to disclose any material fact in obtaining the disposition; (a.1) on the expiration of the thirtieth day following the day on which notice is served on the holder of the disposition pursuant to clause (a), the disposition ceases; (b) the whole or any part determined by the minister of the costs incurred by the minister in making any improvements to park land that he considers to be of benefit to the holder of the disposition are a debt due and owing to the Crown;

9 9 (c) the minister may, on the payment of reasonable compensation to the holder of a disposition, authorize the use of park land in connection with any project undertaken by or on behalf of the Crown pursuant to this Act or any other Act for the benefit of the public; and (d) no interest in, or right with respect to, park land granted by a disposition may be assigned or sublet without the consent, in writing, of the minister. 1986, c.p-1.1, s.19; , c.50, s.5. Annual fees payable by holders of recreational leases 19.01(1) Commencing in the fiscal year, every holder of a recreational lease shall pay to the minister an annual fee in accordance with this section and the regulations, whether or not the holder s recreational lease contains a term or condition respecting the payment of an annual fee. (2) The annual fee required pursuant to this section is to be composed of: (a) a service fee determined by the minister in accordance with the regulations and based on direct service costs; and (b) a land lease fee determined by the minister in accordance with the regulations. (3) The holder of a recreational lease shall pay the annual fee within the time set by the minister. (4) The annual fee required by this section is in addition to any other fees payable pursuant to the recreational lease. (5) The holder of a recreational lease may appeal, in the prescribed manner, the land lease fee determined by the minister. (6) The minister s determination of direct service costs and of an annual fee may be made retroactive to a date not earlier than April 1 of the fiscal year in which the determination is made. 2006, c.29, s.4. Summary proceedings for possession 19.1(1) In this section: (a) court means Her Majesty s Court of Queen s Bench for Saskatchewan; (b) respondent means a person against whom an order for possession is sought or made pursuant to this section. (2) Where: (a) a person: (i) is, in the opinion of the minister, wrongfully or without lawful authority using, possessing or occupying park land; or

10 10 (ii) remains on park land which is the subject matter of his or her disposition, after the: (A) expiration; (B) termination; or (C) cancellation; of that disposition; and (b) the person mentioned in clause (a) refuses or neglects, upon service of a demand made in writing, to go out of possession of the park land; the minister or any person authorized by the minister for that purpose, may apply to the court sitting at the judicial centre nearest to where the land, or any portion of the land, is situated for an order for possession. (3) Where a court hearing an application made pursuant to subsection (2) is satisfied on the evidence that: (a) the respondent: (i) wrongfully or without lawful authority used, possessed or occupied park land; or (ii) remained on park land which is the subject matter of his or her disposition, after the: (A) expiration; (B) termination; or (C) cancellation; of that disposition; (b) written demand for possession was served on the respondent pursuant to subsection (2); and (c) the respondent refused to go out of possession of the park land after being served with a demand for possession pursuant to subsection (2); the court may issue an order for possession and make any order as to costs that the court sees fit. (4) An order for possession made pursuant to this section shall: (a) direct the respondent to deliver up possession of the park land; and (b) direct the sheriff, deputy sheriff or sheriff s bailiff to remove: (i) the respondent; and (ii) any goods and chattels of the respondent; from the park land.

11 11 (5) Where the sheriff, deputy sheriff or sheriff s bailiff exercises any of the powers mentioned in subsection (4): (a) the respondent is responsible: (i) for the sheriff s fees and poundage; and (ii) for any storage costs; incurred as a result of the exercise of those powers; and (b) the minister may sell any or all of the goods and chattels of the respondent removed pursuant to that subsection. (6) Where an order for possession is made pursuant to this section, all buildings and other improvements on the park land that is the subject of the order, whether affixed to the land or not: (a) are deemed to be the property of the Crown; and (b) may be disposed of in any manner the minister considers appropriate. (7) Nothing in this section is to prejudice or affect any other: (a) right; (b) right of action; or (c) remedy; available at law to the minister , c.50, s.6. Service 19.2 Any notice or demand required to be served pursuant to section 19 or 19.1 may be served by prepaid first class certified mail to the last known address of the respondent , c.50, s.6. Removal of property 20(1) Unless otherwise prescribed in the regulations or set out in a disposition, where the holder of a disposition does not, within 90 days after the expiration, termination or cancellation of a disposition, remove any fixtures constructed or affixed by him, or any chattels owned or placed by him, on the park land which was the subject of the disposition: (a) in the case of fixtures, he is not entitled to remove the fixtures; and (b) in the case of chattels, the chattels are forfeited to the Crown without the payment of compensation for them. (2) Chattels on park land other than referred to in subsection (1) are forfeited to the Crown without payment of compensation for them.

12 12 (3) Where: (a) fixtures are not removed in accordance with subsection (1); or (b) chattels are forfeited pursuant to subsection (1) or (2); they may be disposed of in any manner that the minister considers appropriate. 1986, c.p-1.1, s.20. Liability on removal of property 21 A holder of a disposition is liable for any damage to park land caused by the removal of property pursuant to section , c.p-1.1, s.21. Application of Dominion Lands Act 22 The Dominion Lands Act (Canada), as it existed on April 1, 1931, and the regulations made pursuant to that Act apply to every contract or other arrangement made under its provisions to acquire or become entitled to any right, interest or estate in park land as against the Crown except to the extent that those provisions are inconsistent with or varied by the provisions of this Act or any other Act which applies generally to the contract or arrangement. 1986, c.p-1.1, s.22. Existing dispositions 23 Permits, licences, leases or other authorizations with respect to park land made prior to the coming into force of section 15: (a) subject to clause (b), bind the Crown in accordance with their terms until their expiration; and (b) notwithstanding their terms, shall not be assigned or sublet without the consent, in writing, of the minister. 1986, c.p-1.1, s.23. Roads within park lands 24(1) Notwithstanding The Highways and Transportation Act, 1997, the minister may: (a) construct, maintain and administer any roads, other than provincial highways, within park land; (b) notwithstanding the terms of any disposition, by order, close the whole or any specified part of any road, trail or area, except provincial highways, within park land. (2) Notwithstanding any other Act, no road shall be built within the outer boundaries of park land without the consent of the minister. 1986, c.p-1.1, s.24; 2003, c.35, s.5.

13 13 USE OF PARK LAND Use in accordance with Act 25(1) No person shall enter or occupy park land except in accordance with this Act or the regulations. (2) A person may enter park land under an authorization to cut Crown timber on that park land granted pursuant to The Forest Resources Management Act or the regulations made pursuant to The Forest Resources Management Act and may carry out on that park land the activities allowed by that authorization. (3) The provisions of The Forest Resources Management Act and the regulations made pursuant to The Forest Resources Management Act relating to the cutting of Crown timber apply to park land. 1986, c.p-1.1, s.25; 1996, c.f-19.1, s.102. Zones 26(1) The Lieutenant Governor in Council may make regulations: (a) prescribing categories of zones within park land; (b) prescribing the activities that shall not be carried on in a zone. (2) The minister may determine the boundaries of a zone on park land. (3) Repealed , c.54, s , c.p-1.1, s.26; , c.54, s.5. Regulations 27(1) The Lieutenant Governor in Council may make regulations for the protection, care, management, control, maintenance and improvement of park land and, without limiting the generality of the foregoing, may make regulations: (a) regulating the conduct of persons residing in or using any park land; (b) subject to The Uniform Building and Accessibility Standards Act, prohibiting the erection, alteration, repair, demolition, removal or relocation of any building, erection or structure, or the making of any excavation, unless authorized by a permit and providing for the issuance of permits and of a schedule of fees for their issuance; (c) subject to The Uniform Building and Accessibility Standards Act, prescribing the type, style, location, design and size of buildings and other structures to be erected or placed on park land and the material of which they are to consist; (d) authorizing the carrying on of businesses and trades on park land, and the licensing and control of them, including the levying of licence fees; (e) preventing, controlling and regulating the use, setting and extinguishing of fires within park land; (f) prohibiting the keeping of, or controlling the use of or the manner of keeping, animals within park land and for licensing with respect to the keeping of animals within park land;

14 14 (g) subject to The Water Security Agency Act or any Act of the Parliament of Canada, governing the use and enjoyment of, and activities on, waters that are within or adjacent to park land and the land under such waters; (h) subject to subsection (2), controlling and regulating the use of roads, trails, streets, lanes, sidewalks and other public places, other than the roadway of a provincial highway, within park land, including: (i) the speed of vehicles within park land; (ii) designating the routes within park land that any vehicle or class of vehicles is required to follow in entering or traversing park land; (iii) preventing, restricting, controlling or regulating the parking of vehicles on the whole or any part of any roads, trails, streets, lanes or other public places within park land; and (iv) authorizing the erection of traffic and other signs; (i) authorizing enforcement officers to remove or cause the removal of a vehicle that is unlawfully placed, left or kept on any road, trail, street, lane, parking place or other area within park land, to impound or store the vehicle and to release it to the owner on payment of the cost of removal and impounding or storage; (j) authorizing enforcement officers to remove or cause the removal of any vehicle or water vessel that is in a rusted, wrecked, partly wrecked, dismantled or partly dismantled condition and that has apparently been abandoned by the owner within park land and to dispose of the vehicle or vessel and recover the cost of the disposal from the owner as a debt due to the Crown; (j.1) authorizing an enforcement officer to remove or cause the removal of, from any land or premises other than from a private dwelling, a wildlife attractant, as defined in the regulations, and any container in which wildlife attractants are kept if: (i) the enforcement officer is satisfied that the wildlife attractant or container creates a danger to humans or wildlife; or (ii) the person who owns or possesses the wildlife attractant or container has failed to comply with any order made by the enforcement officer respecting the wildlife attractant or container within the time and in the manner directed by the enforcement officer; (k) for the impounding and disposal of animals running at large within park land and recovering the costs of doing so from the owner as a debt due to the Crown; (l) subject to any Act of the Parliament of Canada, for preventing, regulating or controlling the mooring and docking of water vessels on waters or area of waters within park land; (m) regulating the use of explosives within park lands;

15 15 (n) subject to The Environmental Management and Protection Act, 2010 and regulations made pursuant to that Act, providing for the collection, removal or disposal of wastes; (o) prescribing fees: (i) for the issuance of permits, licences, leases or authorizations for the use and occupation of park land and park land reserve; (ii) requiring the payment of those fees; and (iii) delegating to the minister the power to determine the amount of those fees; (o.1) for the purposes of clause 2(1)(c.1), respecting the manner in which the minister is to determine direct service costs; (o.2) for the purposes of determining the annual fee set out in section 19.01: (i) respecting the manner in which the minister is to determine service fees for the purposes of clause 19.01(2)(a); and (ii) respecting the manner in which the minister is to determine land lease fees for the purposes of clause 19.01(2)(b); (o.3) for the purposes of subsection 19.01(5), respecting appeals of land lease fees, including: (i) prescribing the time within which and the manner in which appeals may be made; (ii) determining to whom appeals are to be made; and (iii) respecting any rules governing the hearing and determining of appeals; (p) respecting the disposition of park land; (p.1) for the purposes of subsection 32(1), prescribing provisions of this Act or the regulations for which an enforcement officer may order a person to cease a contravention or order him or her to leave park land and to remain out of park land for a period of 72 hours; (q) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act. (2) A regulation made pursuant to clause (1)(h) that is inconsistent with The Traffic Safety Act is subject to the approval of the Highway Traffic Board. (3) The Lieutenant Governor in Council may direct that regulations made pursuant to subsection (1) apply only, or do not apply: (a) to a class of park land; (b) to a particular parcel of park land; (c) to a zone within park land; (d) to any body of water or portion of a body of water within park land; (e) during certain periods.

16 16 (4) Any person who, before April 1, 2004, paid money to the Crown pursuant to this Act or pursuant to any regulations made pursuant to this Act as fees for leasing a cottage or operating a commercial lease on provincial park lands based on assessed building values or gross revenues is not entitled to a refund of any of the money paid, and no action or other proceeding shall be brought or continued to recover that money. (5) A regulation made pursuant to this Act may be made retroactive to a date not earlier than April 1 of the fiscal year in which the regulation is filed with the Registrar of Regulations. 1986, c.p-1.1, s.27; 1986, c.33, s.19; , c.50, s.7; 2002, c.s-35.02, s.135; 2003, c.35, s.6; 2004, c.t-18.1, s.297; 2005, c.s-35.03, s.111; 2006, c.29, s.5; 2010, c.e-10.22, s.105; 2012, c.26, s.4; 2013, c.22, s.3 and c.32, s.8. Enforcement officers 28 The minister may appoint: ENFORCEMENT (a) any employees or categories of employees of the department; and (b) any persons or categories of persons; as enforcement officers for the purpose of enforcing all or any provisions of this Act and the regulations with respect to all or any area of park land , c.50, s.8. Protection of enforcement officers 29 An enforcement officer has the powers of a peace officer to enforce this Act and the regulations and is entitled, while performing his duties, to all the protection to which peace officers are entitled pursuant to the Criminal Code, as amended from time to time. 1986, c.p-1.1, s.29. Search and seizure 30(1) An enforcement officer may, at any reasonable time, without a warrant, enter any vehicle, airplane or water vessel in or on which he has reasonable grounds to believe evidence of a contravention of this Act or the regulations may be found, and may: (a) order the production of any article or document that he considers necessary; (b) order the owner of the article or document or any person apparently in charge of the vehicle, airplane or water vessel to give him all reasonable assistance; (c) seize any article or document.

17 17 (2) No person shall fail to comply with an order of an enforcement officer made pursuant to subsection (1). (3) Where a justice of the peace or a judge of the Provincial Court of Saskatchewan is satisfied, on the oath of an enforcement officer, that: (a) there are reasonable grounds for believing that a contravention of this Act or the regulations has occurred; and (b) there is evidence of the contravention to be found at the place to be searched; he may issue a warrant: (c) to enter into and search the premises in or on which evidence of a contravention of this Act or the regulations is located; and (d) to seize and take possession of any article or document that may constitute evidence of a contravention of this Act or the regulations. (4) Subject to subsection (5), an enforcement officer may exercise any of the powers referred to in subsection (3) without a warrant issued pursuant to that subsection if the conditions for obtaining a warrant exist but the delay necessary to obtain a warrant pursuant to subsection (3) may result in danger to human life or safety or the loss or destruction of evidence. (5) An enforcement officer shall not enter a building or other place that is actually being used as a dwelling place without a warrant issued pursuant to subsection (3) unless the occupant of the dwelling place consents to the entry. 1986, c.p-1.1, s.30; , c.50, s.9. Stopping vehicle or water vessel 30.1(1) An enforcement officer who: (a) is readily identifiable as an enforcement officer; (b) is in the lawful execution of his or her duties and responsibilities; and (c) has reasonable and probable grounds to believe that a person in a vehicle or water vessel has committed or is committing an offence against this Act or the regulations; may require the person in charge of or operating a vehicle or water vessel to stop the vehicle or water vessel. (2) A person in charge of or operating a vehicle or water vessel shall, when signalled or requested to stop by an enforcement officer pursuant to subsection (1), immediately bring the vehicle or water vessel to a safe stop , c.50, s.10.

18 18 Disposal of seized articles or documents 31(1) Where a person is convicted of a contravention of this Act or the regulations, the articles or documents seized in respect of the contravention are forfeited to the Crown and are to be disposed of in the manner specified by the minister. (2) If no prosecution for an offence in respect of which any article or document is seized in accordance with section 30 is brought within 30 days after the date of its seizure, or if, after trial, the person proceeded against is acquitted and no appeal is taken or is acquitted after an appeal is taken, the article or document seized is to be disposed of in the manner specified by the minister. (3) Articles or documents obtained by an enforcement officer in the performance of his duties that are not claimed by the owner within six months are to be disposed of in the manner specified by the minister. (4) For the purposes of subsection (2), a prosecution is deemed to be brought when the information is sworn, or a ticket is issued pursuant to The Summary Offences Procedure Act, 1990, respecting the offence. 1986, c.p-1.1, s.31; , c.s-63.1, s.67. Eviction of persons from park land 32(1) If an enforcement officer reasonably believes that a person is contravening a prescribed provision of this Act or the regulations, the enforcement officer may order that person to cease the contravention or may order him or her to leave park land and to remain out of park land for a period of 72 hours. (2) Where a person who has been ordered by an enforcement officer pursuant to subsection (1) to leave park land: (a) refuses to leave that park land; or (b) returns to park land before the expiration of 72 hours; an enforcement officer may arrest that person without a warrant. 1986, c.p-1.1, s.32; 2012, c.26, s.5. Liability of owner of vehicle 33(1) In this section: (a) authorized person means a person who is in charge of a vehicle with the express or implied consent of the owner of the vehicle; (b) owner means, with respect to any vehicle, the person to whom a current certificate of registration or registration permit for a vehicle is issued; (c) unauthorized person means a person who is in charge of a vehicle without the express or implied consent of the owner of the vehicle. (2) If a vehicle is involved in the commission of an offence pursuant to this Act or the regulations by the person in charge of the vehicle, the owner of the vehicle is liable for the offence unless the owner proves to the satisfaction of the court that, at the time of the offence, the vehicle: (a) was not being operated and had not been parked or left by the owner; and (b) was not being operated and had not been parked or left by any authorized person in charge of the vehicle.

19 19 (3) If, at the time of the commission of any offence pursuant to this Act or the regulations involving a vehicle, the vehicle was not being operated and had not been parked or left by the owner or by any authorized person in charge of the vehicle, the unauthorized person in charge of the vehicle is liable for the offence unless the unauthorized person in charge of the vehicle proves to the satisfaction of the court that, at the time of the offence, the vehicle: (a) was not being operated and had not been parked or left by that unauthorized person in charge of the vehicle; and (b) was not being operated and had not been parked or left by any person in charge of the vehicle with the express or implied consent of that unauthorized person in charge of the vehicle. (4) Notwithstanding subsection (2), if, at the time of the offence, the vehicle was not being operated by the owner and had not been parked or left by the owner, the owner is not liable to imprisonment. (5) Notwithstanding subsection (3), if, at the time of the offence, the vehicle was not being operated by the unauthorized person in charge of the vehicle and had not been parked or left by that unauthorized person, that unauthorized person in charge of the vehicle is not liable to imprisonment. (6) Notwithstanding section 51 of The Summary Offences Procedure Act, 1990, if a person is guilty of an offence pursuant to this section, sections 29 and 31 of The Summary Offences Procedure Act, 1990 do not apply. 2008, c.19, s.8. GENERAL Offence and penalty 34(1) A person who contravenes this Act or the regulations or who fails to comply with any order of a judge made pursuant to subsection (2) or any order of an enforcement officer made pursuant to this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $50,000. (2) When a person is convicted of a contravention of this Act or the regulations the convicting judge may, in addition to any fine that may be imposed pursuant to subsection (1), order that: (a) the person make restitution for any damage to property caused as a result of the contravention in the amount, and within the time, determined by the judge and stated in the order; (a.1) the person pay any costs to reclaim, or mitigate damage caused to, any natural, cultural, historic or prehistoric resources as a result of the contravention in the amount, and within the time, determined by the judge and stated in the order; (b) the person is prohibited from entering all or any park land for any specified period or periods of time not exceeding, in the aggregate, one year.

20 20 (3) Where an amount that is ordered to be paid pursuant to clause (2)(a) or (a.1) is not paid within the time fixed in the order, the minister may, by filing the order, enter the amount ordered to be paid as a judgment in Her Majesty s Court of Queen s Bench for Saskatchewan and that judgment is enforceable against the person convicted in the same manner as if it were a judgment rendered against him in that court in civil proceedings. 1986, c.p-1.1, s.34; 2012, c.26, s.6. Evidence re speed measuring devices 34.1(1) In a prosecution for a contravention of this Act or the regulations, a certificate described in subsection (2) is admissible in evidence as prima facie proof of the facts stated in the certificate and of the authority of the person who issued the certificate, without proof of the person s appointment or signature. (2) A certificate mentioned in subsection (1) is a certificate: (a) that states the result of a test of: (i) the speedometer of a vehicle identified in the certificate; (ii) a tuning fork identified in the certificate and used for determining the accuracy of a radar set; (iii) a stop watch identified in the certificate; or (iv) any other device that is identified in the certificate and used for or in connection with establishing the speed of vehicles; (b) that bears a date: (i) in the case of a tuning fork, that is not more than one year before or after the date of the offence charged; or (ii) in the case of a speedometer, stop watch or other device used for establishing the speed of vehicles, not more than 30 days before or after the date of the offence charged; and (c) that purports to be signed by a tester who is appointed by the Highway Traffic Board to test devices of the type stated to have been tested. 1992, c.60, s.4. Regulations 35 The Lieutenant Governor in Council may make regulations respecting any matter or thing necessary to carry out the provisions of this Act. 1986, c.p-1.1, s.35. Crown bound 36 The Crown is bound by this Act. 1986, c.p-1.1, s.36. R.S.S. 1978, c.p-34 repealed 37 The Provincial Parks, Protected Areas, Recreation Sites and Antiquities Act is repealed. 1986, c.p-1.1, s.37.

21 21 SCHEDULE I PROVINCIAL PART A HISTORIC Cannington Manor Provincial Park All those lands in Township 9, in Range 1, west of the Second Meridian, described as follows: (a) the Humphrys Site, being Legal Subdivisions 11 and 14 of Section 9; (b) the Village Site in the west half of Section 14, Parcel E on Plan No. 66 R 19834(1) and Parcel F on Plan No. 75 R 10031(1), both plans as recorded in the Land Surveys Directory; (c) all that portion of the south-west quarter of Section 14, described as Parcel A on Plan No as recorded in the Land Surveys Directory. Cumberland House Provincial Park Parcel D, being a fraction of Section 29, in Township 57, in Range 2, west of the Second Meridian, in the Subdivision of Cumberland House Settlement as shown on Plan No. C.U in the Land Titles Office for the Prince Albert Land Registration District. Fort Carlton Provincial Park All those lands in Township 45, in Range 4, west of the Third Meridian, described as follows: (a) all portions being taken for Ferry Grounds described as follows: (i) those portions lying north of the North Saskatchewan River as shown on Plan No. BI 222 in the Land Surveys Directory, including that portion of road allowance adjacent to parcels of that plan; (ii) those portions lying south of the North Saskatchewan River as shown on Plan No. BI 222, including those portions of road referred to as street portions 18 and 19 on Plan No. X 3892 adjacent to parcels of Plan No. BI 222 as shown in the cadastral parcel mapping system for Saskatchewan; (b) those portions of the Hudson Bay Company s Reserve at Carlton as shown on Plan No. X 3892 in the Land Surveys System, as amended by Master of Titles Order registered as No. 76 PA described as: (i) Parcels T and V as shown on Plan No. 69 PA in the Land Surveys Directory; (ii) Parcels W, X, Y and Z as shown on Plan No. 65 PA in the Land Surveys Directory; (iii) Parcels 22 and 23 on Plan No in the Land Surveys Directory; (iv) Parcel 24 on Plan No in the Land Surveys Directory; (v) those portions of land lying to the north of the areas described in clause (a) and subclauses (b)(i) to (iv) and lying south of the North Saskatchewan River; (c) the Ferry Access Road as shown on Plan Nos. X3892, 65 PA and 69 PA 05136, all plans in the Land Surveys Directory; (d) that portion of the fractional north-east quarter of Section 9 that lies to the north of a surveyed line as shown on Plan No. 76 PA 14763, except that portion taken for roadway as shown on Plan No. G 882, both plans in the Land Surveys Directory; (e) that portion of the fractional east half of Section 16 that lies to the south of the right bank of the North Saskatchewan River, except that portion taken for a roadway as shown on Plan No. G 882 in the Land Surveys Directory; (f) those portions of the south-west quarter of Section 16 and the south-east quarter of Section 17 not covered by the waters of the North Saskatchewan River described as follows: (i) any lands lying north of the North Saskatchewan River and south of Plan No. BI 222 in the Land Surveys Directory and which lie within the south-easterly productions of the western and eastern limits of Plan BI 222, including any portions of road allowances; (ii) any lands lying south of the North Saskatchewan River and lying to the north of park areas described in subclause (a)(ii) and clauses (b) and (c) and which lie within the northwesterly production of the western limit of Plan No. BI 222 in the Land Surveys Directory and the east limit of the south-west quarter of Section 16, including any portions of road allowances.

22 22 Fort Pitt Provincial Park That portion of the Hudson Bay Company Fort Pitt Reserve in Township 53, in Range 26, west of the Third Meridian, designated as Parcel D, Plan 91 B in the Land Titles Office for the Battleford Land Registration District. Last Mountain House Provincial Park The north-east quarter of Section 8, in Township 21, in Range 21, west of the Second Meridian, not covered by the waters of Last Mountain Lake, except: (a) that portion taken for right of way and extra land for the Canadian Pacific Railway as shown on Plan No. B in the Land Surveys Directory; (b) that portion taken for additional right of way of the Canadian Pacific Railway as shown on Plan Nos. ET1071 and 94 R O2835 in the Land Surveys Directory; (c) that portion taken for roadway as shown on Plan No. 61 R in the Land Surveys Directory. St. Victor Petroglyphs Provincial Park That portion of the south-east quarter of Section 29, in Township 5, in Range 29, west of the Second Meridian, shown as Parcel A on Plan No. 65 MJ in the Land Titles Office for the Moose Jaw Land Registration District. Steele Narrows Provincial Park All those lands in Township 58, in Range 23, west of the Third Meridian not covered by the waters of Makwa Lake, described as follows: (a) the east half of Section 26, except 4.74 acres taken for roadway as shown on Plan No. 71B00635 in the Land Surveys Directory; (b) the east half of Legal Subdivision 3 in Section 26 lying east of the waters of Sanderson Bay; (c) that portion of Legal Subdivision 6 in Section 26 lying north of the roadway as shown on Plan No. 71B00635 in the Land Surveys Directory; (d) that portion of Legal Subdivision 6 in Section 26 lying south of the roadway as shown on Plan No. 71B00635 in the Land Surveys Directory and east of the waters of Makwa Lake; (e) Legal Subdivision 11. Touchwood Hills Post Provincial Park That portion containing approximately 6.76 hectares of Section 29, in Township 27, in Range 15, west of the Second Meridian, described as Parcels A, B and C on Plan No in the Land Surveys Directory. Wood Mountain Post Provincial Park That portion of Legal Subdivision 11 of Section 20, in Township 4, in Range 3, west of the Third Meridian, described as Parcel B as shown on Plan No and Parcel A as shown on Plan No. EX812, both plans in the Land Surveys Directory. 1986, c.p-1.1; , c.50, s.11; 1994, c.43, s.3; 2003, c.35, s.7; 2008, c.19, s.4; 2013, c.22, s.4.

23 23 PART B RECREATION The Battlefords Provincial Park All those lands lying west of the Third Meridian, described as follows: (a) that portion of the north-east quarter of Section 35 in Township 47, in Range 17, lying north east of Jackfish Lake, including the road allowance to the east; (b) in Township 48, in Range 17: (i) in Section 1: (A) the west half; (B) those portions of the east half lying to the west of Highway No. 4 as shown on Plan No. 61 B in the Land Surveys Directory; (ii) those portions of the north half and south-east quarter of Section 2 lying east and north-east of Jackfish Lake; (iii) those portions of the east half of Section 10 lying east of Jackfish Lake; (iv) the north half and south-east quarter of Section 11, including the road allowance to the east; (v) that portion of the south-west quarter of Section 11 lying north-east of Jackfish Lake. Blackstrap Provincial Park All those lands lying west of the Third Meridian, described as follows: (a) in Township 32, in Range 3: (i) those portions of the north half and south-west quarter of Section 31 lying south-east of the reservoir and west of the west limit of a roadway as shown on Plan No. 68 S in the Land Titles Office for the Saskatoon Land Registration District; (ii) that portion of the road allowance west of and adjacent to the south-west quarter of Section 31 as shown as Parcel A on Plan No in the Land Surveys Directory; and (iii) the radial production south-west of the north-west limit of the roadway as shown on Plan No. 68 S in the Land Titles Office for the Saskatoon Land Registration District; (b) in Township 32, in Range 4: (i) the east half of Section 11, except those portions taken for roadway as shown on Plan No. 70 S in the Land Titles Office for the Saskatoon Land Registration District; (ii) that portion of the north-west quarter of Section 13 taken for the right of way shown as Parcel A on Plan No. 70 S in the Land Titles Office for the Saskatoon Land Registration District; (iii) those portions of Section 14, the east half of Section 23, the north-west quarter of Section 25, the east half of Section 26 and the south half of Section 36 lying to the south and east of the reservoir; (iv) in Section 25: (A) that portion of Legal Subdivision 4 taken for the right of way shown as Parcel B on Plan No. 71 S in the Land Titles Office for the Saskatoon Land Registration District; (B) that portion of the west half of Legal Subdivision 5 taken for right of way shown as Parcel A on Plan No. 71 S in the Land Titles Office for the Saskatoon Land Registration District; (C) Legal Subdivision 15; (D) that portion of Legal Subdivision 16 taken for right of way as shown on Plan No. 70 S in the Land Titles Office for the Saskatoon Land Registration District;

24 24 (v) that portion of the road allowance south of and adjacent to Section 14 lying between the production south-west of the north-west limit of the right of way in Section 14 and the production north of the most eastern limit of the right of way in the north-east quarter of Section 11 as that right of way is shown on Plan No. 70 S in the Land Titles Office for the Saskatoon Land Registration District; (vi) the road allowance lying east of and adjacent to Sections 14 and 23; (vii) the road allowance that is enclosed by a straight line joining the north-west corner of the north-west quarter of Section 24 with the north-east corner of the north-east quarter of Section 23 and a straight line joining the north-east corner of the north-east quarter of Section 23 with the south-east corner of the south-east quarter of Section 26; (viii) a straight line joining the south-east corner of the south-east quarter of Section 26 with the south-west corner of the south-west quarter of Section 25 and a straight line joining the south-west corner of the south-west quarter of Section 25 with the north-west corner of the north-west quarter of Section 24; (ix) that portion of the road allowance south of and adjacent to the south-east quarter of Section 26 lying east of the production south-west of the north-west limit of the right of way in that quarter as that right of way is shown on Plan No. 70 S in the Land Titles Office for the Saskatoon Land Registration District; (x) that portion of the road allowance west of and adjacent to Section 25 lying south of the production south-west of the right of way in Legal Subdivision 12 of that section as that right of way is shown on Plan No. 70 S in the Land Titles Office for the Saskatoon Land Registration District. Buffalo Pound Provincial Park All those lands lying west of the Second Meridian, described as follows: (a) in Township 18, in Range 24: (i) all that portion of the north-west quarter of Section 20 shown as Parcel A on Plan No. 71MJ00294 in the Land Surveys Directory, known as the Stoney Beach Midden Site; (ii) the east half and north-west quarter of Section 30, except that portion taken for a roadway as shown on Plan No. 87MJ in the Land Surveys Directory; (iii) Section 31, except that portion taken for a roadway shown on Plan No. 87MJ in the Land Surveys Directory; (iv) the road allowances east of Section 30 and east and north of Section 31; (b) in Township 18, in Range 25: (i) those portions of the north-west quarter of Section 26 shown as Parcel A on Plan No. 74MJ01758 in the Land Surveys Directory; (ii) those portions of the north-east quarter of Section 34: (A) shown as Parcel A on Plan No. 64MJ00840, except that portion taken for roadway as shown on Plan No. 67MJ01489, both plans in the Land Surveys Directory; (B) required for flooded area of the Buffalo Pound Lake Storage Project as shown on Plan No. EX774 in the Land Surveys Directory; (iii) that portion of Section 35 not covered by the waters of Buffalo Pound Lake, except those portions taken for roadway as shown on Plan Nos. EX770 and CT3401 in the Land Surveys Directory; (iv) Section 36; (v) the road allowances north and east of Sections 35 and 36 not covered by the waters of Buffalo Pound Lake; (c) those portions of the south halves of Sections 5 and 6, in Township 19, in Range 24, taken for the Buffalo Pound Lake Storage Project as shown on Plan No. CU3035 in the Land Surveys Directory, except that portion taken for roadway in the most south-west corner of Legal Subdivision 4 of Section 6 as shown on Plan No. CT3401 in the Land Surveys Directory; (d) in Township 19, in Range 25: (i) that portion of Section 1 lying north-east of Buffalo Pound Lake, including that portion of the original road allowance east of section 1 lying south of the projection of the northern limit of Plan CU3035 across the road allowance, except those portions taken for roadway as shown on Plan No and Plan No. CT3401, both plans in the Land Surveys Directory;