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Chapter C6 ver. 1

SURVEYS OF LANDS ADMINISTERED BY PARKS CANADA

Table of Contents

Effective Date

This Chapter is effective January 1, 1997. It was originally published as Chapter C6 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands.

Chapter Sections

General

  1. The provisions of this Chapter apply to lands administered by Parks Canada, Department of Canadian Heritage. These lands consist of National Parks, National Park Reserves, National Historic Sites, and other public lands used to carry out the programs administered by Parks Canada.
  2. The provisions of this Chapter may also apply to lands administered by the National Battlefields Commission. The Commission administers the acts respecting the National Battlefields at Quebec (see Chapter A2) and reports to Parliament through the Minister of Canadian Heritage.
  3. The boundaries of National Parks are described in Schedule I of the National Parks Act. These lands are vested in Her Majesty in right of Canada and are Canada Lands.
  4. National Park Reserves are lands set aside for National Parks pending the settlement of Native land claims. These lands are described in various pieces of legislation or proclamations. The National Parks Act applies to these reserves as if they were parks within the meaning of that Act, and as such, National Park Reserves are Canada Lands.
  5. Federal ownership of National Historic Sites is not a requirement unless the sites are set aside as National Historic Parks in accordance with section 9 of the National Parks Act. Documents containing boundary descriptions of National Historic Sites may be found in Parks Canada's Land Registry in Hull, Quebec. National Historic Park lands are described in the National Historic Parks Order (see Chapter A3 of this Manual).
  6. Other public lands administered by Parks Canada and used to carry out their programs include Historic Canal Lands, Ordnance Lands, Admiralty Lands, and lands required in connection with the management of National Parks, National Park Reserves or National Historic Parks. These lands are vested in Her Majesty in right of Canada but are not Canada Lands.

Administration

7. The lands administered by Parks Canada are the responsibility of Investment Portfolio Management, Parks Canada, at Hull, Quebec and six regional offices located as follows:

Office
Atlantic
Québec
Ontario
Prairie and Northwest Territories
Alberta
Pacific and Yukon
Location
Halifax, N.S.
Québec, Que.
Cornwall, Ont.
Winnipeg, Man.
Calgary, Alta.
Vancouver, B.C.
  1. Regional offices are managed by the Regional Executive Director, Professional and Technical Services, Parks Canada. In a region, land matters are the responsibility of the Regional Executive Director.
  2. Investment Portfolio Management maintains a land registry in Hull, Quebec. The registry contains documents for all lands administered by Parks Canada to which Her Majesty in right of Canada has title or an interest in the lands. Copies of documents may be obtained from the registry or from the appropriate regional office.

Creation and Alienation

  1. National Parks and National Park Reserves may be created or added to by legislation, or by proclamation under enabling legislation. The lands must first be vested in Her Majesty in right of Canada.
  2. Lands in National Parks may be alienated from the park only by an Act of Parliament.
  3. National Historic Sites are designated or revoked by the Minister of Canadian Heritage in accordance with the Historic Sites and Monuments Act. In some cases, Parks Canada acquires the lands on behalf of Her Majesty in right of Canada.
  4. National Historic Parks are created or alienated by Order-in-Council pursuant to section 9 of the National Parks Act. Title to the lands must be vested in Her Majesty in right of Canada before the creation of a National Historic Park.
  5. Historic Canal Lands, Ordnance Lands, Admiralty Lands, and other public lands administered by Parks Canada may be alienated by:
    1. letters patent or an instrument of grant, in a form satisfactory to the Minister of Justice, to an individual or corporation; or
    2. an instrument transferring administration and control, in a form satisfactory to the Minister of Justice, to another federal government department or provincial government.

15. The National Battlefields Commission may purchase, acquire and expropriate lands in Quebec City with the prior approval of Parliament.

Legal Surveys

  1. Legal surveys of lands within provincial jurisdiction to be vested in Her Majesty in right of Canada are carried out in accordance with provincial legislation. Provisions for the survey of Canada Lands should be followed provided there is no conflict with provincial legislation and survey standards.
  2. Legal surveys of lands in National Parks and National Park Reserves may be made for the purpose of:
    1. alienating part of the lands;
    2. selling, leasing or disposing of the lands in accordance with subsection 6( 2) of the National Parks Act;
    3. re-establishing or restoring boundaries;
    4. correcting errors in previous surveys; or
    5. any other purpose as required by Parks Canada.
  1. Legal surveys for the lands identified in paragraph 17 are made under the authority of the Canada Lands Surveys Act and require specific survey instructions (see Chapter C1).
  2. In addition to the requirements of Chapter C1, paragraph 17, an Environmental Assessment and Review Process for the proposed survey, completed by Parks Canada, is required before specific survey instructions can be issued.
  3. The National Parks Lease and Licence of Occupation Regulations outline requirements for legal surveys for leases granted in National Parks. Legal surveys are not normally required for granting licences of occupation in remote areas; however, if a licence of occupation is in a town, visitor centre or other built up area, a legal survey in accordance with subsection 3( 2) of the Regulations may be required by Parks Canada.
  4. Surveys in the following locations must be integrated into the established Coordinated Survey Area:
    1. Town of Banff, Banff National Park, Alberta;
    2. Town of Jasper, Jasper National Park, Alberta;
    3. Lake Louise Visitor Centre, Banff National Park, Alberta; and
    4. Field Visitor Centre, Yoho National Park, British Columbia.
  1. The Town of Banff was established as a Municipal Corporation (January 1, 1990) pursuant to the Town of Banff Incorporation Agreement made on December 12, 1989. Under the Agreement, certain provisions of the Municipal Government Act (Alberta) and of the Planning Act (Alberta) apply to the Town of Banff (see Chapter B2)
  2. Legal surveys of National Historic Sites and Parks, Historic Canal Lands, Ordnance Lands, Admiralty Lands, National Battlefields Commission Lands and other public lands administered by Parks Canada which are not Canada Lands are normally surveyed under provincial legislation and regulations. However, if the lands are vested in Her Majesty in right of Canada, they may be surveyed under the Canada Lands Surveys Act pursuant to section 47 of the Act.
  3. At the completion of the field work of a legal survey of a National Park boundary the surveyor shall show on the ground those boundaries surveyed to the Parks Canada official identified in the specific survey instructions.