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An Act respecting the National Battlefields at Quebec

S.C.  1908, c. 57 Assented to 1908-03-17

http://laws-lois.justice.gc.ca/eng/acts/N-3.4/page-1.html

Preamble

WHEREAS it is desirable in the public interest of Canada to acquire and preserve the great historic battlefields at Quebec, restoring so far as possible their principal features, so as to make them a Canadian National Park;

Whereas considerable portions of these grounds are already vested in His Majesty for the military or other public purposes of Canada;

Whereas it is anticipated that, in addition to the appropriation of public moneys of Canada hereby authorized, the various provincial governments, as well as municipal or other bodies, and many private individuals, will contribute generously to the aforesaid project;

And whereas it is expedient to provide for the constitution of a commission for the acquisition, management and control, subject to the provisions of this Act, of the said battlefields and the moneys contributed for the said purposes;

Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Constitution of Commission

1. The Governor in Council may appoint seven Commissioners, who shall hold office during the pleasure of the Governor in Council, and who, with any additional Commissioners who may be appointed under the authority of this Act, shall be a body politic and corporate under the name of "The National Battlefields Commission. Commissioners appointed by provincial governments 2. The Government of any province which contributes a sum not less than one hundred thousand dollars to the purposes of the commission shall be entitled to appoint a commissioner, and such commissioner shall hold office during the pleasure of the Government of the province. Other commissioners 3. If the Government of the United Kingdom, or of any self-governing colony of the Empire, contributes a sum not less than one hundred thousand dollars to the purposes of the commission, such Government shall be entitled to appoint a commissioner, and such commissioner shall hold office during the pleasure of the Government which appoints him.

1908, c. 57, s. 1;  1914, c. 46, s. 2.

Chairman

2. The Governor in Council shall name one of the commissioners appointed by the Governor in Council to be chairman of the commission, and he shall hold office as such chairman during pleasure.

Secretary

3. The Governor in Council shall appoint a competent person to be secretary of the commission, who shall hold office during pleasure, and receive such salary as is fixed by the Governor in Council and provided by Parliament.

Expenses of commission

4. The commissioners, including the chairman, shall serve without remuneration, but shall be entitled to receive their actual disbursements for expenses necessarily incurred by them in the discharge of their powers or duties under this Act.

Powers as to battlefields

5. The commission may purchase, acquire and hold the lands or immovable property in the city of Quebec, or in the vicinity thereof, where the great battles were fought, or which were occupied by the various commands of the respective armies upon the battlefields.

Expropriation R.S., c. 143

6. If the purchase of any land or immovable property, or of any interest therein, is authorized under the provisions of this Act, and the commission is unable to agree with the owner as to the purchase, acquisition or transfer thereof, or the price to be paid therefor, or if a person interested therein is incapable of making a deed or conveyance, or if for any other reason the commission deems it advisable to proceed compulsorily, proceedings may be taken under The Expropriation Act for the acquisition of the said land, immovable property, or interest therein and for the vesting of the title thereof in the commission; and in any such case, except as herein otherwise provided, all the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, apply, mutatis mutandis, to such lands or immovable property and to the acquisition thereof and to the determination of the compensation and damages.

Plan and description

2. A plan and description purporting to be signed by the chairman and secretary of the commission shall have the same effect for the purposes of this Act as a plan and description signed by the Minister or deputy minister has under The Expropriation Act; and for all purposes of the proceedings authorized by this Act the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, be construed with the substitution of the commission for His Majesty, for the Crown and for the Minister. Information in Federal Court Proviso as to damages

3. In any case in which land or property is acquired, taken or injuriously affected under the authority of this Act, the Attorney General of Canada may cause an information in the name of His Majesty, upon the relation of the commission, to be exhibited in the Federal Court of Canada, and the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, apply to such information and the proceedings thereunder in the same manner, mutatis mutandis, as they apply to the like informations and proceedings on behalf of His Majesty under the said Act: Provided that His Majesty shall not in any case be liable for any compensation, damages, costs or charges incurred in such proceedings, but the relators shall be subject to the payment of such compensation, damages, costs or charges as may be adjudged by the court.

1908, c. 57, s. 6;  1910, c. 41, s. 1;  R.S., 1970, c. 10(2nd Supp.), s. 64.

Powers of commission

7. The commission may,

Expenditure of moneys

(a) receive and expend any moneys, whether appropriated by Parliament or the legislatures or contributed by any municipal or other body or private individual, for the purposes authorized by this Act;

Buildings, monuments, etc.

(b) remove all buildings and other structures upon the lands taken or acquired, and erect a museum and such monuments and statues or other works as seem fitting or appropriate; and

National park

(c) lay out and construct on or through the said lands such avenues, drives or paths, gardens, squares or other works as are, in the opinion of the commission, desirable for the improvement of the grounds and the conversion thereof into a national park of a character to commemorate worthily the great events which happened there.

Payment of $125,000 a year for four years authorized

8. (1) The Minister of Finance is hereby authorized to pay out of the Consolidated Revenue Fund of Canada to the Commission the sum of one hundred and twenty-five thousand dollars a year for a period not exceeding four years from the 1st day of April, 1954, to be expended by the Commission for the purposes and subject to the provisions of this Act.

Payments quarterly in each year

(2) The amount payable to the Commission under this section shall be paid in four equal quarterly instalments on the first day of April, July, October, and January, respectively, in each fiscal year but the first of such quarterly instalments shall be paid forthwith upon the commencement of this section.

1908, c. 57, s. 8;  1928, c. 36, s. 1;  1938, c. 23, s. 1;  1948, c. 62, s. 1;  1953-54, c. 17, s. 1.

Appropriation of public lands

9. The Governor in Council is authorized to appropriate for the purposes of the commission all the lands or immovable property now vested in His Majesty for the military or other public purposes of Canada and forming part of the aforesaid battlefields.

Trust account

9.1 There shall be established in the Consolidated Revenue Fund a special account to be known as the National Battlefields Trust Account to which shall be credited

(a) all money received by the Commission by gift, bequest or otherwise,

(b) all money received by the Commission as interest on any securities or as rent on any property acquired by the Commission by gift, bequest or otherwise,

(c) all money received by the Commission from the sale of any real or personal property acquired by the Commission by gift, bequest or otherwise, and

(d) an amount representing interest on the balance from time to time to the credit of the Account, at such rates and calculated in such manner as the Governor in Council prescribes,

and to which shall be charged such amounts as are authorized by the Commission to be expended for the purpose for which such money or property was given, bequeathed or otherwise made available to the Commission.

1984, c. 31, s. 14.

Approval of Parliament

10. No lands or immovable property shall be purchased or acquired by the Commission except with the previous approval of Parliament.

1908, c. 57, s. 10;  1914, c. 46, s. 3.

No expenditure without funds Approval of Governor in Council

11. No expenditure shall be made and no liabilities shall be incurred by the Commission until funds sufficient to cover such expenditure or liabilities shall be at its disposal for the purposes of this Act, and the Commission shall, before entering upon any work of improvement or construction, or any other work involving the expenditure of money, upon the lands taken or acquired under the authority of this Act, cause to be prepared plans of the proposed works showing locations, and submit the said plans for the approval of the Governor in Council, and the Commission shall furnish such further descriptions or information to the Governor in Council as are required; and no such works shall be proceeded with until approved by the Governor in Council.

1908, c. 57, s. 11;  1914, c. 46, s. 3.

Annual statements

12. The commission shall render to the Minister of Finance, on or before the first day of June in each year, detailed statements of all its receipts and expenditures up to the thirty-first day of March in that year; and copies of such statements shall be laid before Parliament by the Minister of Finance within the first fourteen days of the next following session.

Accounts and inspection

13. The commission shall, whenever required by the Minister of Finance, render detailed accounts of its receipts and expenditures for such period or to such date as he names; and all books of account, records, bank books and papers of the commission shall at all times be open to the inspection of the Minister of Finance, or of any person authorized by him.

Audit of accounts

14. All accounts, receipts and expenditures of the commission shall be subject to the audit of the Auditor General as in the case of public moneys, and subject to the provisions, so far as applicable, of The Consolidated Revenue and Audit Act.

Commissioners and secretary not to be interested in contracts

15. No member of the commission shall have, nor shall the secretary have, any contract with the commission, or be pecuniarily interested, directly or indirectly, in any contract or work with regard to which any portion of the moneys at the credit of the commission is being or is to be expended.

Celebration of tercentenary of founding of Quebec

16. Whereas the present year not only will, it is hoped, mark the setting apart of the battlefields as herein authorized, but is also the tercentenary of the founding of the city of Quebec and the establishment of French government and civilization upon the shores of the St. Lawrence by Samuel de Champlain, and it is desirable that these events be appropriately commemorated: Be it therefore enacted that the commission may, under the authority and direction of the Governor in Council, arrange for and carry out at a convenient time a celebration, in every respect worthy and fit, of the tercentenary of the founding of Quebec by Champlain, and the dedication of the battlefields to the general public purposes of Canada as provided by this Act; and that the commission may, subject to the sanction and approval of the Governor in Council, expend and lay out, for the purposes of the said celebration, such portion of the sum of three hundred thousand dollars hereinbefore appropriated as is authorized by the commission subject to such sanction and approval.

BY-LAW RESPECTING THE NATIONAL BATTLEFIELDS PARK

Fines
-Contraventions Regulations – Registered June 18, 2014

SOR/91-519

http://laws-lois.justice.gc.ca/eng/regulations/SOR-91-519/page-1.html#ord

Short Title

1. This By-law may be cited as the National Battlefields Park By-law.

Interpretation

2. In this By-law,

"Commission" means The National Battlefields Commission; (Commission)

"Park" means the lands owned by, or falling under the jurisdiction, control or care of, the Commission; (parc)

"sports field" means that portion of the Park that is bounded on the north by the Grande Allée, on the west by avenue Montcalm, on the south by avenue George VI and on the east by avenue Wolfe-Montcalm. (terrain des sports)

Prohibition

3. (1) No person in the Park shall

  1.  
    1. displace, deface, soil, pollute or otherwise damage any proprety of the Commission;
    2. pollute the water, including the water in any fountains, or throw or deposit any object in, bathe in, or permit any animal that the person has brought into the Park to be in the water.

Sports

4. (1) No person in the Park shall

  1.  
    1. ride a bicycle other than on a public road or on a designated path;
    2. ride on a skateboard, roller skates, roller skis or any other similar device; or
    3. engage in any organized sport or game other than
      1. on the sports field or in another area set aside for that purpose, or
      2. in any other area that is designated in writing by the Secretary.

Animals

5. (1) Every person who brings an animal into the Park shall keep it restrained by a leash that is not more than 3m in length or confine it in a box, cage or vehicle.

(2) If a person brings an animal into the Park and it defecates, the person shall collect the excrement and deposit it in a waste receptacle.

Government Property Traffic Act

C.R.C., c. 887

http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.%2C_c._887/FullText.html

SHORT TITLE

1. These Regulations may be cited as the Government Property Traffic Regulations.

INTERPRETATION

2. In these Regulations,

“Commissioner”
“Commissioner” means the Commissioner of the Royal Canadian Mounted Police; (commissaire)

“Confederation Bridge”
“Confederation Bridge” means the bridge and other real property situate, lying and being upon the lands and lands covered by water described in Schedule B, as amended from time to time, to a lease document registered on October 5, 1993 as document 3562 in the Prince County Registry Office in the province of Prince Edward Island. (pont de la Confédération)

“constable”
“constable” means

(a) a member of the Royal Canadian Mounted Police,

(b) a member of a provincial or municipal police force, and

(c) any person authorized to enforce the Regulations by a Minister or the Minister’s Deputy, Assistant Deputy or Acting Deputy, or by the Commissioner or any officer referred to in subsection 6(1) of the Royal Canadian Mounted Police Act; (agent de sûreté)

“department”
“department” means

(a) any of the departments named in Schedule A to the Financial Administration Act,

(b) any Crown corporation as defined in section 83 of the Financial Administration Act, and

(c) any other division or branch of the public service of Canada; (ministère)

“driver”
“driver” means a person who is driving or is in actual physical control of a vehicle; (conducteur)

“government property”
“government property” means property owned or occupied by Her Majesty in right of Canada; (terrain du gouvernement)

“highway”
“highway” includes any highway, road, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used for the passage of vehicles; (route)

“Minister”
“Minister” means

(a) with respect to a department mentioned in Schedule A to the Financial Administration Act, the Minister presiding over the department,

(b) with respect to a Crown corporation, the president or other chief executive officer thereof, and

(c) with respect to any other division or branch of the public service of Canada, the person who under the Financial Administration Act is the appropriate Minister; (ministre)

“park”
“park” means the standing of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in loading or unloading passengers or goods; (mettre en stationnement)

“South Klondike Highway”
“South Klondike Highway” means that portion of the Klondike Highway that is situated in the Province of British Columbia between 60° North Latitude 134°40’ West Longitude on the British Columbia and Yukon boundary and 59°39’ North Latitude 135°9’ West Longitude on the British Columbia and Alaska boundary; (route Klondike sud)

“vehicle”
“vehicle” means a device in, upon, or by which a person or property is or may be transported or drawn upon a highway, except a device used exclusively upon stationary rails or tracks. (véhicule)

SOR/88-93, s. 1;  SOR/89-341, s. 1;  SOR/90-860, s. 1;  SOR/95-174, s. 1;  SOR/97-277, s. 1.

APPLICATION

3. These Regulations apply to government property and the highways thereon except

(a) the National Parks;

(a.1) the Jacques Cartier and Champlain bridges that cross the St. Lawrence River, together with all their approaches, including the portion of the Bonaventure Autoroute owned by Her Majesty in right of Canada;

(b) [Repealed, SOR/84-238, s. 1]

(c) territorial lands as defined in the Territorial Lands Act;

(d) Indian reserves;

(e) property under the control of the National Capital Commission; and

(f) property to which the Airport Traffic Regulations or the Traffic on the Land Side of Airports Regulations apply.

SOR/84-238, s. 1;  SOR/89-341, s. 2;  SOR/2006-102, s. 33.

Previous Version

4. These Regulations do not apply to a member of the Canadian Forces when operating with due authority a vehicle owned by Her Majesty in right of Canada.

REGISTRATION AND PERMITS

5. (1) Except as provided in subsections (2) and (3), no person shall operate a vehicle on a highway unless

(a) he holds all licences and permits that he is, by the laws of the province and the municipality in which the highway is situated, required to hold in order to operate the vehicle in that province and municipality; and

(b) the vehicle is registered and equipped as required by the laws of the province and the municipality in which the highway is situated.

 

(2) No person shall operate a vehicle on the South Klondike Highway unless

(a) the person holds all licences and permits that he is, by the laws of the Yukon Territory, required to hold in order to operate the vehicle in the Yukon Territory; and

(b) the vehicle is registered and equipped as required by the laws of the Yukon Territory.

 

(3) No person shall operate a vehicle on the Confederation Bridge unless

(a) the person holds all licences and permits that the person is, by the laws of the province of Prince Edward Island, required to hold in order to operate the vehicle in the province of Prince Edward Island; and

(b) the vehicle is registered and equipped as required by the laws of the province of Prince Edward Island.

 SOR/88-93, s. 2;  SOR/97-277, s. 2.

COMPLIANCE WITH PROVINCIAL AND MUNICIPAL LAWS

6. (1) Except as provided in subsections (2) and (3), no person shall operate a vehicle on a highway otherwise than in accordance with the laws of the province and the municipality in which the highway is situated.

(2) No person shall operate a vehicle on the South Klondike Highway otherwise than in accordance with the laws of the Yukon Territory.

(3) No person shall operate a vehicle on the Confederation Bridge otherwise than in accordance with the laws of the province of Prince Edward Island.

(4) For the purposes of subsection (1), in the event of any inconsistency between the provisions of the Government Property Traffic Act and these Regulations and the provisions of the laws of the province and the municipality in which the highway is situated, the provisions of the Government Property Traffic Act and these Regulations prevail to the extent of the inconsistency.

(5) For the purposes of subsection (2), in the event of any inconsistency between the provisions of the Government Property Traffic Act and these Regulations and the provisions of the laws of the Yukon Territory, the provisions of the Government Property Traffic Act and these Regulations prevail to the extent of the inconsistency.

(6) For the purposes of subsection (3), in the event of any inconsistency between the provisions of the Government Property Traffic Act and these Regulations and the provisions of the laws of the province of Prince Edward Island, the provisions of the Government Property Traffic Act and these Regulations prevail to the extent of the inconsistency.

SOR/88-93, s. 3;  SOR/97-277, s. 3.

TRAFFIC SIGNS AND DEVICES

7. (1) The Minister of Public Works, the Minister of any department having the control or management of any government property, or the Commissioner may mark or erect or cause to be marked or erected on any government property, traffic signs or devices

(a) prescribing rate of speed;

(b) regulating or prohibiting parking and designating parking areas;

(c) prescribing load limits for any vehicle or class of vehicles;

(d) prohibiting or regulating the use of any highway by any vehicle or class of vehicles;

(e) designating any highway as a one-way highway;

(f) for stopping vehicles;

(g) for regulating pedestrian traffic; and

(h) for directing or controlling in any other manner traffic on government property.

 

(2) Except as authorized by subsection (1), no person shall mark or erect any traffic sign or device on government property.

(3) No person, other than the Minister of Public Works, the Minister of any department having the control or management of government property or the Commissioner, shall, without the authority of such Minister or the Commissioner, remove or deface any traffic sign or device on such property.

8. Any traffic sign or device on government property bearing the words “Government of Canada” or an abbreviation thereof, or purporting to have been erected by or under the authority of the Minister of Public Works, any other Minister or the Commissioner, shall prima facie be deemed to have been erected pursuant to these Regulations.

9. The driver of a vehicle on a highway shall obey the instructions of any traffic sign or device applicable to that driver, vehicle or highway.

10. Any traffic sign or device on government property marked or erected prior to September 17, 1952 under An Act to Provide for the Regulation of Vehicular Traffic on Dominion Property or the regulations made thereunder or under other lawful authority shall be deemed to have been marked or erected pursuant to these Regulations.

TRAFFIC DIRECTION AND CONTROL

11. The driver of a vehicle on a highway shall comply with any traffic directions given to him by a constable.

12. Every person on government property shall produce to a constable upon demand

(a) any permit issued to him under these Regulations;

(b) any licence or permit he holds authorizing him to drive a vehicle; and

(c) any certificate of registration of a vehicle held by him.

13. (1) Except as provided in subsections (2) and (2.1), every driver of a vehicle who is directly or indirectly involved in an accident on government property shall forthwith report the accident as required by the laws of the province in which the accident occurred.

(2) Every driver of a vehicle who is directly or indirectly involved in an accident on the South Klondike Highway shall forthwith report the accident as required by the laws of the Yukon Territory.

(2.1) Every driver of a vehicle who is directly or indirectly involved in an accident on the Confederation Bridge shall forthwith report the accident as required by the laws of the province of Prince Edward Island.

(3) Where the driver of a vehicle is involved in an accident referred to in any of subsections (1) to (2.1) and any property of Her Majesty is damaged by the accident, the driver shall forthwith report the accident to a member of the Royal Canadian Mounted Police or to the person in charge, control or occupation of the property so damaged.

SOR/88-93, s. 4;  SOR/97-277, s. 4.

PARKING

14. No person shall park a vehicle in any area designated by a sign as an area in which parking is prohibited.

15. Where an area is by sign designated as an area where parking is reserved for persons holding permits or is designated as an area where parking is prohibited except under a permit, no person shall park a vehicle in the area unless there is attached to and exposed on that vehicle a label furnished with the permit and displayed in accordance with the terms of the permit authorizing that vehicle to be parked in that area.

16. Where an area is by sign designated as an area where parking is permitted for a period of time, no person shall park a vehicle in the area for any greater period of time than that indicated on the sign.

17. (1) Where an area is by sign designated as an area where parking is reserved for a class of persons, other than disabled persons, no person shall park a vehicle in the area unless the person is a member of that class.

(2) Where an area is by sign designated as an area where parking is reserved for disabled persons, no person shall park a vehicle in the area unless there is displayed on the vehicle a valid parking permit for disabled persons issued by a provincial or municipal authority.

SOR/96-398, s. 1.

18. (1) A Minister, or a person authorized by a Minister, may issue permits and furnish labels, for the purposes of section 15, in respect of lands under the Minister’s administration.

(2) The Minister or person who issues a permit under subsection (1) may revoke that permit.

(3) Unless sooner revoked, a permit issued under these Regulations is valid for the period stated thereon, and a label furnished with the permit is valid only during the period that the permit is valid.

SOR/94-517, s. 1.

19. A constable who finds a vehicle parked in contravention of these Regulations may, in addition or as an alternative to any other action that may be taken under these Regulations, remove the vehicle and, if the constable deems it necessary to protect the vehicle or the interests of the owner, store the vehicle in a suitable place.

SOR/94-517, s. 2;  SOR/95-174, s. 2(F);  SOR/2011-43, s. 1.

Previous Version

SPEED

20. No person shall drive a vehicle on a highway at a rate of speed in excess of the speed limit indicated for the highway by a sign.

PENALTIES

21. Every person who contravenes any provision of these Regulations, or operates a vehicle on a highway in contravention of a provision of any applicable provincial or municipal law referred to in section 5 or 6, is liable on summary conviction to a fine not exceeding $500 or to a term of imprisonment not exceeding six months, or to both.

SOR/90-860, s. 2;  SOR/94-517, s. 3;  SOR/97-277, s. 5.

22. (1) Notwithstanding section 21, any person who is alleged to have contravened a provision of these Regulations governing the parking of a vehicle may, at any time within 15 days, excluding holidays, after the day on which the contravention is alleged to have occurred, register a plea of guilty to the alleged offence by paying into court, either personally or by mail, the amount of

(a) $25 in the case of a contravention of section 14, 15 or 16 or subsection 17(1); and

(b) $50 in the case of a contravention of subsection 17(2).

 (2) Any amount paid pursuant to subsection (1) shall be paid into the court designated by the Minister for such payment.

(3) Where a payment referred to in subsection (1) is sent to the court by mail, the payment into court shall be deemed to have been made on the day on which the payment was mailed.

(4) For the purposes of these Regulations, where, pursuant to subsection (1), a payment into court is made by or on behalf of any person who is alleged to have violated these Regulations, such payment shall be deemed to be in full satisfaction of any penalty that may be imposed upon the summary conviction of that person for that alleged violation.

SOR/80-619, s. 1;  SOR/90-860, s. 3;  SOR/96-398, s. 2.

23. Nothing in these Regulations shall be construed to authorize a member of a provincial or municipal police force to enter any defence establishment except in the manner set out in the Defence Controlled Access Area Regulations.

SOR/94-517, s. 4.

Interdictions

In addition to what is prohibited by legislation in effect at the Battlefields Park and in accordance with the Policy for Using the Grounds, the National Battlefields Commission (NBC) requests that users refrain from the following activities for the safety and wellbeing of all:

*This list is not exhaustive.

Page details

2025-04-16