Policy for Using the Grounds Manages by the National Battlefields Commission

Introduction

The National Battlefields Commission (NBC) is responsible for the management of the National Battlefields Park (Plains of Abraham), Des Braves Park and Pierre Dugua de Mons Terrace. Preserving and developing a historical and urban site of this calibre remain the main goal of the NBC, which is strongly committed to sen-sitizing people to the park’s importance in the history of the country and of Que-bec City. It is at the root of Canadian history and the heart of important events in Quebec City. The site is where history and nature meet, a place for entertainment and relaxation, and also a special place for celebrations. Battlefields Park is a priceless historical and urban park, and its location near Old Quebec makes it a natural attraction where various events can be held. That is why the NBC re-ceives a great number of applications every year from different organizations seeking permission to hold various activities on the grounds.

As the manager of a public park, the NBC would like to ensure a balanced use of the grounds, that is, a balance between authorizing events and preserving the site’s peaceful nature. Accordingly, if it has to limit use of a site, it gives prefer-ence to public activities and events over those limited to a private group.

The NBC also expects that events conform to the requirements of its sustainable development policy.

The Commission is also aware of the social and economic role that it plays and of its importance, particularly in Quebec City.

This document has been prepared to inform the organizations wishing to use Bat-tlefields Park, Des Braves Park or Pierre Dugua de Mons Terrace of the require-ments for using NBC grounds. These requirements will help organizations better plan the presentation of major, important and minor events while taking into con-sideration the characteristics of the site, the preservation of the environment and the uses outlined by the NBC. Event organizers must comply with these direc-tives, which apply to all of the sites managed by the NBC. They must also recog-nize the intrinsic value of holding their events on the site.

This document is also a reference tool for NBC managers so that they can an-swer any questions that they may be asked after they have ascertained that the proposed activities will not have any negative impact on the park’s natural or man-made characteristics. Strict criteria are applied when evaluating applications. However, certain criteria may have been omitted in this document. The NBC reserves the right to study each application, to evaluate its impact on the sites that it manages, and to decide whether or not an event will be held. If need be, an application may be submitted to the NBC board of directors for a specific decision.

1. Nature of activities permitted by the Commission on its sites

Battlefields Park can be subdivided into different sites. Each site is described in Appendix 1. These sites are first and foremost public spaces. Festivities or other events must be suited to the site where they are to be held, and take into consid-eration the park’s natural character and mission, how frequently it is used for events and its environment, including the neighbourhood.

1.1 Cultural activities

Activities falling under this heading encompass festivals, concerts and other per-formances (with the exception of regular program at the Edwin Bélanger band-stand) as well as exhibitions and symposia. Holding such activities requires in-stalling infrastructure, and sometimes the exclusive occupation of part of the park or more.

1.2 Education and community activities

These activities, generally organized by educational institutions, community groups or charitable organizations (Diabetes, Alzheimer’s, etc), include picnics, outdoor classes and fundraising activities, as well as non-competitive activities, such as treasure hunts. These activities do not require the installation of any in-frastructure nor the exclusive occupation of a part of the park, except on rare oc-casions.

1.3 Public gatherings

This category includes public demonstrations (eg, car shows, union demonstra-tions, political gatherings) that can take place in certain parts of the park, as well as any activity involving a gathering that starts in the park and moves out of it (eg, a parade). These activities do not require the installation of any infrastruc-ture, except on rare occasions.

1.4 Film shoots and photography sessions

1.5 These activities sometimes require the occupation of a specific part of the park, and often occur on the same day.

1.6 Sports activities

These activities include all sports activities, such as championships, competitions and recreational activities (cross-country, marathons, etc). These activities may require the installation of infrastructure and sometimes the exclusive occupation of part of the park.

1.6 Activities WITH admission fees

These activities encompass all activities, including those described above in Subsections 1.1 to 1.5, for which admission in any form is charged, including a ticket, pass, button or stamp, for an exclusive part of the park.

2. Type of activity

2.1 Major activity:

The NBC considers a major activity to be any activity that has the potential to attract more than 10,000 persons, that requires the installation of one or more pieces of infrastructure, and that exclusively occupies part of the park.

2.2 Important activity:

The NBC considers an important activity to be any activity that has the potential to attract fewer than 10,000 persons, that requires the installation of at least one piece of infrastructure and that exclusively occupies part of the park.

2.3 Minor activity:

All other activities not covered by Subsections 2.1 and 2.2 are considered minor.

2.4 Prohibited activities

The following activities are generally prohibited in Battlefields Park, unless spe-cial permission is given by the NBC board of directors:

3. Procedure for obtaining an occupation permit

Permission to occupy a part of the park for the activities described above must be requested from the NBC in order to obtain its approval of all activities comprised in an activity. At no time should an organization assume that its activity can be held on the site until it receives official authorization from the NBC.

The required procedure is as follows:

  1. Contact the NBC to check the availability of the desired site and the feasibility of the activity:
    Head of applications
    Telephone: 418 648-7289
    Fax: 418-648-3638
    E-mail: vanessa.fecteau@ccbn-nbc.gc.ca

  2. The applicant must send a written application to the Secretary Director General of the NBC or his or her duly authorized representative stating the nature of the activity, its place and date (or dates and times), which the applicant will respect, taking into consideration, in the case of a major or important activity, infrastructure assembly and dismantling as well as the clean-up of the park, the number of participants or spectators expected to attend, a waiting area if re-quired, and all the details of the proposed publicity and display panels. Site plans may be required depending on the nature, scope and location of the special ac-tivity.

    In the case of a major or important activity, the initial application must be sent at least THREE months prior to the date of the activity, unless there is an excep-tion specifically approved by the NBC board of directors on the basis of the ap-proval criteria for an occupation application, as explained in Section 4 of this Pol-icy.

    In the case of a show, the initial application must include the name of the per-ormer and expected attendance. If it is impossible to obtain any or all of this information, the NBC reserves the right to analyze the application insofar as justi-fied by the exceptional circumstances.

    In other cases, the initial application must be sent at least ONE month prior to the activity.

The written application must be sent to the following address:
National Battlefields Commission
835 Wilfrid-Laurier Avenue
Quebec City, Quebec G1R 2L3
Fax: 418 648-3638
E-mail: vanessa.fecteau@ccbn-nbc.gc.ca

4. Approval criteria regarding permit applications

Policy for Using the Grounds

Battlefields Park, comprising the Plains of Abraham, Pierre Dugua de Mons Ter-race and Des Braves Park, is first and foremost public space. When they are used, the NBC must take into account the compatibility of each activity with the park landscape, its natural character, its vocation and the balance between an urban park and prestigious historical site (so as to maintain its integrity), how frequently it is used for activities and the surrounding environment. Care must be taken to ensure that no activity hinders regular NBC activities or prevents park users from enjoying the park and its services or from participating in its activities, such as the activities it promotes.

The activities that are permitted must be consistent with the NBC’s priorities, di-rection and priorities.

The NBC is aware that activities have an impact on the grounds as a whole. Its main goal is to minimize any damage in order to ensure the long-term well-being of its sites and green spaces. The NBC must therefore ensure, before authorizing any activity on one of its sites, that there will be little or no negative impact on the park’s natural environment or on the surrounding environment. Thus, activities that permanently damage NBC territory, grounds, facilities, roads or paths or that hinder services offered by the NBC (eg, cross-country ski trails) are excluded from the Battlefields Park unless they receive special authorization from the NBC.

To avoid creating a negative impact, the management of mitigation measures requires careful planning and the full co-operation of organizers before, during and after the activity as such.

4.2 Characteristics of the activity

An activity’s impact on a park depends on its characteristics. The NBC must take the following aspects into account:

4.3 Support capacity of the site

The support capacity of a site is determined by the total number of people capa-ble of accessing the location at a given time, taking into account its natural char-acteristics, its set-up, environmental protection, and security requirements for people and assets. This factor must be strictly respected in order to minimize any negative impact on the environment or deterioration of the site. The NBC repre-sentative may be consulted to determine the capacity of a site for a given activity.

The application of these guidelines will go a long way toward ensuring that a site has sufficient capacity to accommodate the planned activity.

4.4 Capacity of the surrounding area

The NBC takes into consideration the nature of a site’s surroundings before giv-ing permission to hold an activity. Thus, a major activity will have fewer negative effects on a surrounding area consisting of offices or businesses than if it con-sists mainly of private residences.

4.5 Park Mission

Certain parts of the park managed by the NBC have acquired a particular mission over the years, such as the Great Plain, which is an ideal spot for sports activi-ties. The NBC must make sure the activity is compatible with the park’s mission and its various sectors before approving the occupation application.

4.6 Priority of activities

The NBC gives priority to public non-profit activities. If two or more events require the use of the same site, priority is given in the following order:

  1. activities organized by or in partnership with the NBC;
  2. activities of national or international scope, or activities organized by government (federal, provincial or municipal);
  3. recreational, athletic, educational, social or cultural activities;
  4. family, community and individual activities.

5. Approval of an activity WITHOUT admission fees

In addition to the criteria set out in Section 4, for any activity without admission fees, the occupation permit holder must refer to Appendix 3 for the list of rates.

6. Approval of an activity WITH admission fees

6.1 Activity approval criteria

In addition to the criteria set out in Section 4, an activity with admission fees must:

  1. generate significant regional benefits; in this regard, the NBC reserves the right to:
    a) require a study to be conducted in accordance with the recognized practices in the field, and:
    b) obtain an opinion from the Office du tourisme de Québec that the ac-tivity in question constitutes an major event that would result in significant regional economic benefits.
  2. generate royalties for the NBC, which will be reinvested in the park for amenities and facilities for the use of citizens (see the rate list in Appendix 3);
  3. the NBC reserves the right to consult any organization of its choice in order to complete the file;
  4. obtain authorization from the NBC board of directors.

6.2 Application of rates

In order to apply rates, the NBC

  1. considers public access at all times for the requested activity:
    a) unrestricted public access to the entire park: no rates for admission fees apply;
    b) reduced public access to all or part of the park: rates apply.
  2. places event organizers into two categories:
    a) for-profit organizations: 100 % of basic rates;
    b) non-profit organizations: 25 % of basic rates to occupy the site. No admission fee charges.

6.3 Basic rates

A royalty must be paid to the NBC for both admission fees charged for an activity and the days the site is occupied (for a description of the sites, see Appendix 1).

These amounts are subject to change every year by a decision of the NBC board of directors. Prices do not include GST or PST.

The rates are applied according to the terms and conditions set out in Subsection 6.2 above, and the royalty is calculated as follows:

1) admission fee:

a) a price floor is set at $20,000 and a price ceiling at $50,000, payable for the day of the activity.
The calculation is done as follows:
For 1 to 20,000 tickets sold, the rate will be $20,000;
For 20,001 to 30,000, the rate will be $30,000;
For 30,001 to 40,000, the rate will be $40,000;
For 40,001 or more, the rate will be $50,000.

b) when the activity is held over several days, the admission fee applies each day.

2) occupation of site:

a) this includes all the days required to set up and dismantle infrastruc-ture, including the day(s) on which the activity takes place. The number of days that a site is occupied is calculated from the date mobiliza-tion starts until the day everything is fully demobilized;

Definitions

Date of the mobilization of the infrastructure means the date on which any equipment or materials (eg, fence, concrete block or other) is delivered to NBC grounds.

Date of the demobilization of the infrastructure means the date that all equip-ment/materials are completely removed from the site.

If the mobilization and/or demobilization dates set out in the agreement are not followed, a penalty will be imposed. See Subsection 7.1 for information about penalties.


b) the occupancy of the site is calculated as follows:

Fees per day; multiplied by:

the number of days the site is occupied; multiplied by:

percentage of the basic rate established in Subsection 6.2.

6.4 Considerations

  1. A non-profit organization that submits an application to hold an activity with an admission fee will not be considered a non-profit organization for the applica-tion of this policy, but rather as a for-profit organization in either of the following situations:
    a) the activity organizer cannot demonstrate to the NBC’s satisfaction that the non-profit organization is acting strictly in keeping with its mis-sion and not incidentally, and that the profits generated by the activity with admission fees will be used solely for the benefit of its mission;
    b) the organizer, such as the Festival d’été de Québec or the Quebec City Carnival, is organizing an activity with an admission fee that is scheduled to take place outside the normally scheduled signature ac-tivity, which is recognized as a traditional tourist event in the Quebec City area.
  2. Activities aimed at collecting charitable donations eligible for tax credits or-ganized by registered charitable organizations are not considered to be activities with an admission fee.

7. Guidelines for a properly held activity in the park

The NBC has established guidelines for activities held in the park. These guide-lines are listed here, whether it be for any activity in general, for major, important or winter activities. In all cases, the organizers must also sign an agreement au-thorizing the use of the site for the activity.

7.1 For all activities

Occupation permit holders must:

Penalties

7.2 For major or important activities

In addition to the aforementioned requirements, occupation permit applicants must meet the following criteria.

Installation, set-up and dismantling

Use of the "Site for Major Events"

Controlling access to the site

Waiting area

Waste

Universal accessibility, toilets, and sinks

The occupation permit holder must see to the needs of the people attending the event. This must be done in the following way:

For events on sites with no public washrooms, the occupation permit holder must install a sufficient number of well-maintained portable toilets and sinks. The actu-al number of these facilities depends on the nature of the event, on the site plan established for the event, and the average duration of public visits.

Displays

Sales

Parking

Acts by organizations using the NBC’s grounds must not cause a loss of revenues, sales or parking spaces for the NBC; if they do, the NBC must be compensated for such loss.

7.3 For winter activities

Occupying the park in winter requires certain precautions when infrastructure has to be installed and the event must accommodate a great number of visitors. Damage may be significant, notably due to trampling by visitors, the corrosive action of salt, material breaking during the installation or dismantling of infrastruc-ture or through the repeated freezing and thawing of natural surfaces. In addi-tion to meeting the aforementioned requirements, occupation permit holders must follow the instructions below.

7.4 NBC visibility

Using part of the park is an undeniable advantage for the organizer of an activity.

Considering the value of said use and the services rendered, if applicable and in return for same, the occupation permit holder is required to offer visibility to the NBC and the Government of Canada and/or to permit the NBC to benefit from the participants’ presence at the event.

This visibility will be determined beforehand, specified in the agreement of use, and will be tailored to the nature of the activity and the value of the use of the site.

In particular, in the case of events with admission fees as described in Section 6, non-profit organizations must consider in the visibility given to the NBC the value of the 100 % reduction in rates granted in the admission fees and 75 % in the occupation of the site.

In all cases, it is an essential condition that the occupation permit holder:

8. Legal and financial considerations

In order for an event to be held, the NBC can require financial and legal guaran-tees from the occupation permit applicant.

8.1 Performance bond

The occupation permit applicant must obtain at its own expense a performance bond for a minimum amount, to be determined by the NBC according to the type and scope of the event, as a guarantee of performance and the restoration of the site to the NBC’s satisfaction. The NBC reserves the right to increase this amount if the event jeopardizes the condition of the site more significantly. The occupa-tion permit applicant must designate the NBC as the beneficiary and must main-tain the guarantee for the duration of the event, including the period reserved for assembling and dismantling facilities. For winter events, the applicant must maintain the guarantee until a fixed date, agreed upon by both parties, to allow the completion of work after the spring thaw and to the satisfaction of the NBC. The NBC will not issue an occupation permit until the performance bond has been received.

The NBC reserves the right to keep the bond, in whole or in part, in the event that the occupation permit holder or its subcontractors do not comply with the regula-tions described herein, or if it has reason to believe that breakage or significant damage might result from the departure from these regulations.

The occupation permit holder is responsible for all damage done to NBC property during the event. If any damage does occur, the NBC can use the amount of the guarantee to cover the costs of the repair. The damage is then assessed, after the event is held, by an NBC representative and a representative designated by the occupation permit holder, who will agree on the repair work to be done. The NBC must be informed beforehand of all contractors and subcontractors hired, directly or indirectly by the occupation permit holder, to carry out the work, and the contractor or subcontractor must comply with all the applicable requirements contained herein.

If, after an event is held, the amount needed to repair any damage exceeds that of the performance bond, the NBC will bill the outstanding amount to the occupa-tion permit holder. No permit will be subsequently issued as long as the bill has not been paid in full.

8.2 Insurance requirements

To enjoy access to the site, the occupation permit holder must provide the NBC with proof of third-party liability insurance covering all damage to property, all bodily harm and any death caused by or resulting directly or indirectly from the use of the location by the occupation permit holder, its workers or subcon-tractors during the activity or the public present for the occasion. The insurance policy must designate the NBC and Her Majesty the Queen in Right of Canada as additional insured parties.

The insurance policy must provide a minimum of two million dollars in coverage. However, this amount may be higher depending on the level of risk related to certain events.

The occupation permit holder agrees to indemnify and save harmless the NBC from and against all claims arising directly or indirectly from use of the site, the holding of an event or the public’s presence on the occasion.

8.3 Cost of electricity and use

The current costs of electricity used and all other costs related to the use of the site during the event are the responsibility of the occupation permit holder.

Conclusion

In developing the policy for using the park, the NBC was concerned with safe-guarding the natural elements as much as the built assets and site furniture, and strove to develop a management tool that allows it to manage the holding of ac-tivities in Battlefields Park more effectively.

In addition to giving event organizers rules to follow, allowing them to hold their events in the best possible conditions while ensuring the park is protected, the policy also outlines, with the help of precise criteria, the type of activity that may be accommodated favourably.

The NBC will thus be able to help host events on the Plains in the heart of Que-bec City, while preserving a park of exceptional quality and ensuring its sustain-ability for future generations.

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