Here is the regulation in effect on the National Battlefields Park:
- An Act respecting the National Battlefields at Quebec
- National Battlefields Park By-Law
- Government Property Traffic Act
- Policy for Using the Grounds
S.C. 1908, c. 57 Assented to 1908-03-17
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.
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.
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
(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.
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.
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
AS REVISED IN 1991, 1993 AND 2002
1. This By-law may be cited as the National Battlefields Park By-law.
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)
3. (1) No person in the Park shall
- displace, deface, soil, pollute or otherwise damage any proprety of the Commission;
- 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.
4. (1) No person in the Park shall
- ride a bicycle other than on a public road or on a designated path;
- ride on a skateboard, roller skates, roller skis or any other similar device; or
- engage in any organized sport or game other than
- on the sports field or in another area set aside for that purpose, or
- in any other area that is designated in writing by the Secretary.
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.
C.R.C., c. 887
1. These Regulations may be cited as the Government Property Traffic Regulations.
2. In these Regulations,
“Commissioner” means the Commissioner of the Royal Canadian Mounted Police; (commissaire)
“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)
(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)
(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” means a person who is driving or is in actual physical control of a vehicle; (conducteur)
“government property” means property owned or occupied by Her Majesty in right of Canada; (terrain du gouvernement)
“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)
(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” 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” 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.
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.
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.
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.
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.
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.
Sanctionned by the Board of Directors on January 21, 2004
(update: November 21, 2005; ac)
(update: June 7, 2007, November 23, 2011; ac)
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 ur-ban site of this calibre remain the main goal of the NBC, which is strongly com-mitted to sensitizing people to the park’s importance in the history of the country and of Quebec City. It is at the root of Canadian history and the heart of im-portant 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. Bat-tlefields 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 receives 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 Battlefields Park, Des Braves Park or Pierre Dugua de Mons Terrace of the re-quirements for using NBC grounds. These requirements will help organizations better plan the presentation of major, important and minor events while taking into consideration the characteristics of the site, the preservation of the environ-ment and the uses outlined by the NBC. Event organizers must comply with these directives, which apply to all of the sites managed by the NBC. They must also recognize 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 applica-tions. 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 con-sideration 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 occasions.
1.3 Public gatherings
This category includes public demonstrations (eg, car shows, union demonstrations, 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
These activities sometimes require the occupation of a specific part of the park, and often occur on the same day.
1.5 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 poten-tial 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 special permission is given by the NBC board of directors:
• activities that have a significant negative impact on NBC revenues (parking);
• camping in any form (except on rare occasions, such as the Snow Jam and Take the Capital by Storm, and military exercises);
• commercial activities when they are not an integral part of an activity proposed by a non-profit organization;
• commercial activities, such as fairs, exhibitions, flea markets;
• activities that require the complete closure of the park or which significantly restrict public access;
• any activity not meeting the NBC’s approval criteria.
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 com-prised 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
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 na-ture 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 exception 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 Policy.
In the case of a show, the initial application must include the name of the per-former and expected attendance. If it is impossible to obtain any or all of this in-formation, 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
390 De Bernières Avenue
Quebec City, Quebec G1R 2L7
Fax: 418 648-3638
4. Approval criteria regarding permit applications
4.1 Respecting the Commission’s mandate and priorities: preserving and developing Battlefields Park
Battlefields Park, comprising the Plains of Abraham, Pierre Dugua de Mons Terrace 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 fre-quently 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 exclud-ed 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
• the season in which the activity takes place;
• weather conditions before, during and after the activity;
• the duration of the activity: a long activity stretching over several days can have a negative impact on the use of the park by citizens and tourists wishing to use the park for recreational and leisure activities;
• how often the site is used for major or important activities;
• the free flow of vehicles and tourist bus traffic, particularly at Cap Diamant, and access to free parking spaces on Ontario Avenue;
• the type, location and number of pieces of equipment and the infrastructure required;
• preparing for the activity, setting up and dismantling of on-site facilities;
• the number of visitors, their activities and the duration of their visits;
• the delivery of its own public services;
• positive benefits for the NBC and the park;
• economic benefits for Quebec City and surrounding area.
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 mis-sion over the years, such as the Great Plain, which is an ideal spot for sports activities. 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 signifi-cant 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 infrastructure, 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;
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:
$1,000 per day; multiplied by:
the number of days the site is occupied; multiplied by:
percentage of the basic rate established in Subsection 6.2.
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 activity, which is recognized as a traditional tourist event in the Quebec City area.
2) Activities aimed at collecting charitable donations eligible for tax credits organized 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:
• respect all the clauses in the agreement concerning the event in question;
• respect the areas to which they are allocated for the event; a site plan must be supplied and preapproved;
• follow the NBC’s recommendations concerning protection of vegetation and park furnishings (eg, climbing up trees and on picnic tables is prohibited);
• comply with applicable federal, provincial and municipal statutes, regulations and bylaws in effect in the park;
• inform the NBC immediately of any incident that is in violation of or disregards any legislation, particularly an environmental statute or the Canada Labour Code–Part II, which deals with health and safety standards;
• carry out, as soon as the permit holder becomes aware of it and after notifying the NBC and obtaining its permission, any work needed to rectify, repair and clean up any damage or breakage, at the permit holder’s expense, and stop any event that contravenes any legislation, particularly an environmental statute or the Canada Labour Code–Part II;
• obtain the NBC’s approval before making any changes to the site prior to, during or after the event, restore the site to its original condition to the satisfaction of the NBC, and make a financial contribution to the NBC for the fertilization and aeration of the grass after the event;
• take into account that no closing of the park is permitted; if closure cannot be avoided, an application must be submitted to the NBC for study and authorization, if deemed appropriate;
• provide the NBC representative with the name of a designated representative for the duration of the event and his/her contact information (business, cell, fax and emergency telephone numbers and e-mail address) so that he/she can be reached at any time (24 hours a day) during the event;
• implement and maintain all appropriate security measures during the event to protect both the public and NBC property, to the satisfaction of the NBC;
• maintain a continuous watch (24 hours a day) over the site infrastructure, at the occupation permit holder’s expense;
• ensure that the officers and employees of the NBC, Quebec City public safety and public works departments and any other person designated by the NBC can move freely in the part of the park being used;
• avoid using heavy equipment on the lawns, but if need be, these vehicles must be equipped with high-flotation tires (low-pressure balloon tires) in order to avoid damaging the lawns. If necessary, use rubber carpets or other ac-ceptable procedures in order to minimize damage and establish a signposted access way. This information must be supplied in a plan and approved before access can be granted;
• keep the park entries, roads and walking paths free of any obstruction, unless special permission has been granted (eg, walking path behind the Discovery Pavilion, and the Cross of Sacrifice walkway).
• In the event that an occupation permit holder does not follow the set-up/dismantling schedule, a penalty of $1,000 per day (in addition to the occu-pation charges described in Subsection 6.3) will be imposed. The NBC may, exceptionally, stay all or part of this penalty. (See definitions Subsection 6.3).
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
• In the case of a major or important event that requires the installation of infrastructure, permit applicants must, before the deadline established by the NBC, provide the NBC representative with a site plan for approval indicating the number, dimensions and location of the infrastructure, the usefulness and need for its installation, a list of available activities, the placement of banners and panels, as well as the location of temporary barriers used to protect cer-tain areas of the park; as required, and insofar as possible, the NBC repre-sentative will supply to-scale plans.
• During the set-up of the infrastructure, it is prohibited to place posts, stakes or pegs near the roots of trees, on asphalt paths, on decorative surfaces, on delicate or special surfaces, or on wall coverings.
• The attachment of guy wires, cables and wires of any kind to trees, furniture, street lamps, buildings, monuments or any other permanent structure is strictly prohibited, unless special authorization is received.
• The installation of lighting equipment in trees is prohibited, with the exception of the NBC’s own festive lighting.
• No infrastructure may be installed beneath the tree canopy. Moreover, all un-derground wires must be detected, at the occupation permit holder’s expense, to avoid damaging NBC underground facilities.
• No infrastructure may be installed directly on the lawns if it prevents air from circulating. In order to protect the lawns, platforms must be erected and raised to a height of at least 100 to 150 mm (from 4 to 6 inches) from the ground and left open at both ends so air can circulate.
• A rationale must be provided for the installation of trailers on lawns, and a list of each facility must be submitted for approval.
• Facilities at the park’s east entrance (George VI – Cross of Sacrifice area) must be minimal and aesthetically pleasing.
• Any property damage that occurs must be repaired at the occupation permit holder’s expense.
Use of the "Site for Major Events"
• The NBC offers various services (electricity, communication, water and sewer connections), which are accessible to occupation permit holders. Depending on their needs, permit holders must inform the NBC of the service wells they require at least fifteen working days prior to the expected date of useand the services required for each well must be indicated. The NBC will be able to make the required services available (wells PS-1 to PS-6 and PR-1 to PR-13 are available).
• The requirements and standards for using the Site for Major Events, which are explained in the User’s Guide that will be given to occupation permit holders, must be complied with, and the associated costs will be paid by the permit holder upon receipt of the invoice. These include electricity costs, and charges for turning on, running and shutting off the water supply. Recognized standards of hygiene and cleanliness must be respected, and occupation permit holders must comply with applicable statutes, regulations and bylaws concerning the operation of food stands.
• Each service well on the Site for Major Events must be restored to its original state of cleanliness and working order. If this is not done, the NBC will require the necessary repairs to be carried out to its satisfaction.
• Occupation permit holders are responsible for ensuring that all electrical equipment brought to the site and plugged into NBC electrical distribution panels is in good working order and complies with all security requirements, as well as all codes and regulations in force.
• Occupation permit holders are required to take every precaution to protect the site’s French drains in order to maintain the effectiveness of the drainage system. This requires controlling traffic on the site and limiting it as much as possible; any breakdown or contamination of the system will require repairs, at the user’s expense.
• In order to prevent the premature wear and deterioration of service wells and ensure that the wells remain in good working order, that standards are met and that no damage is done to the facilities, the NBC’s electrician or any other person designated by the NBC will provide the representative designated by the occupation permit holder with the required guidelines before each use of a well. He or she will also verify the conformity of the facilities during their use and inspect the facilities after their use. Costs related to this mandatory service will be billed to the occupation permit holder in accordance with the rates determined by the applicable collective agreement as well as the associated benefits.
Controlling access to the site
• For the safety of visitors, fences and temporary barriers must be installed in areas specified by the NBC representative in order to protect certain vulnera-ble areas indicated on the plans, including service wells, flower beds and gar-dens. These barriers must be portable.
• The occupation permit holder is responsible for ensuring the security of the infrastructure and other equipment it erects. The NBC does not assume re-sponsibility for any damage, thefts, acts of vandalism, etc. that might occur to the infrastructure or equipment installed for the event. Moreover, the occupa-tion permit holder must ensure the safety and security of participants and the sites at all times during the event. The permit holder must inform the Quebec City police force (SPVQ) of the event to be held and specify any concerns with respect to site security. The NBC will notify its own security service.
• If an occupation permit holder needs to create a waiting area for its event, special written authorization from the NBC must be obtained. The NBC re-serves the right to decide the location and size of the waiting area on its premises.
• The occupation permit holder is responsible for removing from the site and its immediate surroundings any waste and debris produced by use of the property before, during and immediately after the event.
• The occupation permit holder must ensure that sufficient garbage containers are available during the event to meet participants’ needs. The permit holder must have the site cleaned every day, at its own expense, which involves re-moving waste from the containers, and cleaning up and removing debris from the park.
• Should the clean-up not be completed to the satisfaction of the NBC, the latter may hire a cleaning team to remove the waste, for which it may charge a minimum fee of $100/hour. To this may be added the amount of the actual expenses incurred, all of which may be deducted from the contract performance bond.
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:
• Ensure universal access from all of the park’s entrances during the event;
• Ensure easy access on the site and between attractions (that is, leave enough space between the tent stakes);
• Ensure that guy wires, cables, banners, attractions, etc. do not create obstacles for users, specifically people with disabilities using the site’s walking paths;
• Install and maintain on site universally accessible toilets; they must be located in areas that are easily accessible from a hard surface.
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 actual 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.
• All temporary displays indicating directions or signage about the event itself, for commercial purposes or for sponsors must be submitted to the NBC prior to installation for information purposes; display panels and banners must be freestanding and in no case may be affixed to buildings, vegetation, monuments or any other fixed equipment in the park, unless authorized in advance.
• Sponsors’ displays on NBC grounds must be limited and aesthetically pleasing.
• An occupation permit holder using the Site for Major Events may obtain its own sponsors, but the displays must be located within the authorized area. Occupation permit holders using any other part of the Plains must limit displays to sponsors or partners doing business with the NBC only.
• The number of revenue-generating events held by the various organizations to finance an event on the NBC’s grounds must be limited and of minimal scope in relation to the main event, and must be within the authorized area. It is prohibited to sell event-related products outside the authorized fenced perimeter.
• The selling of merchandise, objects or products (eg, event-related products sold to finance the event), food and alcoholic beverages is permitted on condition that this operation is an integral part of and essential to the financing of the authorized event. The occupation permit holder must obtain the NBC's approval, obtain the appropriate licences, and ensure that laws and standards governing the safety of the site and the environment are followed. They must also comply with Health Canada regulations as well as with applicable provin-cial, regional and municipal statutes, regulations and bylaws.
• Requiring visitors to wear a button or another identifying object as a means of financing an event in a restricted or fenced-in area is permitted.
• Unless otherwise agreed with the NBC, concession holder Les Gestions Res-to-Bil Enr. has exclusive rights to sell consumer products (food, non-alcoholic beverages and souvenirs) at the Cap Diamant Governors stand and at other sites other than the Site for Major Events.
• No alcoholic or non-alcoholic beverages may be served in glass bottles or cans. Only plastic cups are permitted anywhere on the grounds under NBC management during major or important activities, unless special permission is received.
• It is the responsibility of an occupation permit holder to ensure that all sellers associated with the activity comply with the site plan approved by the NBC and in its guidelines.
• The permit holder must ensure that NO stains result from the spillage of oil, grease or other food waste onto any park surface. Waste must be removed from the site and properly disposed of in accordance with the applicable regulations and bylaws. The dumping of grease, oil and food waste into manholes or sewers of the park is strictly prohibited and punishable by fine. Improperly disposed of waste will be removed at the occupation permit holder’s expense. To minimize damage to the grounds, the grass or other hard surfaces of the park, the occupation permit holder must supply BASINS to all vendors with a business operating in the park during the event. How well these rules are re-spected will be assessed from the time facilities are set up until they are dis-mantled and removed and this assessment will be reflected in the reimburse-ment of the security deposit.
The NBC limits the number of vehicles on all of its grounds, since the main attraction of these sites is that they give visitors a chance to escape the hustle and bustle of urban life by providing them with some green space. When these sites become parking lots, they no longer serve their intended purpose
• The occupation permit holder will notify the NBC at least ten days before the use of the site, of its parking needs during the set-up of the facilities for the event, the event itself and the dismantling of the facilities afterwards. The NBC will determine a limited number of parking spaces available in the park and will indicate where parking is permitted. Authorized vehicles must be equipped with stickers (designating the event), failing which penalties will be applied.
• Vehicles transporting goods or equipment for the event may make deliveries using roads reserved for such vehicles. A calendar indicating the frequency of deliveries and the road to be used must be given to the NBC prior to the event to inform the NBC of comings and goings on the site. Insofar as possible, the occupation permit holder will be equipped with an appropriate light vehicle, such as an ATV with a trailer or a small golf cart, to transport the merchandise to the desired location on the site. If these vehicles travel on reserved roads, they must be registered and insured. With respect to setting up and assem-bling infrastructure, the NBC must be notified in advance to minimize traffic on the grass.
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 infrastructure or through the repeated freezing and thawing of natural surfaces. In addition to meeting the aforementioned requirements, occupation permit holders must follow the instructions below.
• the type of infrastructure, its placement and the manner of assembly (eg, by means of heavy machinery) must be clearly specified in the event site plan for it to be approved by the NBC;
• structures (ie, under platforms) must be cleared after each snowfall, to allow the air to circulate;
• hard surfaces that must be cleared of snow as well as the borders of lawns, and the locations of constructed elements (walls, sidewalks, sewer grates, etc) must be marked out with stakes before the beginning of winter;
• the use of salt for melting ice is strictly prohibited; only sand used sparingly but in an adequate amount ensuring the safety of visitors is permitted;
• heightened protective measures must be put in place to safeguard both natural elements (flower beds, large bushes, young trees) and constructed elements (benches, street lamps, curbs, lights, etc);
• all lawns used must have a layer of snow compacted by authorized equipment to a minimum of 20 cm (8 inches) thickness. In case the amount of snow is insufficient, it will be possible to use a snow-making machine or to have snow delivered by truck. Only clean snow may be brought to the location;
• insofar as possible, for the security of users of the park, the snow cover in the park must be put back in place after the activity ;
• with respect to the use of services supplied on the Site for Major Events, if the water supply system is used, the occupation permit holder must ensure that the water does not freeze in the pipes, as explained in the User’s Guide. The permit holder must take every precaution in this regard. In case of breakage, the permit holder is responsible for the damage;
• it is essential that the NBC representative and the respondent designated by the occupation permit holder or any other authorized persons meet on the site on the day snow is removed from the streets and the snow on the lawns is compacted, before the work begins, to direct and supervise the operations and to clearly instruct the operators of the restrictions and practices pertaining to the removal of snow from the NBC grounds.
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:
• acknowledge the NBC’s contribution, beginning with the Government of Canada’s contribution, and ensure that this partnership is displayed, for example, in advertisements, official programs, other partners’ display panels on site and press releases (means to be agreed upon);
• allow the NBC to set up facilities that ensure its visibility on the site, in particular at the edge of the site (at the location of its choice), such as welcoming panels on the Plains of Abraham with its logos;
• allow the NBC, as it sees fit, to set up a booth promoting its services and activities.
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 occupation permit applicant must designate the NBC as the beneficiary and must maintain 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 regulations 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 designat-ed 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 occupation 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 subcontractors 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.
In developing the policy for using the park, the NBC was concerned with safeguarding 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 activities 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 Quebec City, while preserving a park of exceptional quality and ensuring its sustainability for future generations.
Profile of the Battlefields Park Sites
SITE FOR MAJOR EVENTS
|Description of the site:||
A wide open space with natural slope located behind the Discovery Pavilion of the Plains of Abraham and Armoury, extending from the Citadel to the east up to the Municipal reservoir to the west, excluding Cap Diamant.
|Use:||This is the site where major and important activities are concentrated. The following services are available on a cost-in-use basis: drinking water services, sanitary sewer, electricity and telecommunications.
The main activities include: the Fête nationale du Quebec, the Festival d’été de Quebec and the Quebec Winter Carnival.
|Accommodation capacity:||The Site for Major Events can accommodate approximately 90,000 people.|
|Description of the site:||
A large green space located in front of the Joan of Arc Garden and near Martello Tower 1, bordered by an asphalt path.
|Use:||Generally, no large-scale event can be held here. Exceptionally, two events are held on this site: the Pentathlon des neiges and part of the Fête nationale du Quebec.
Occasionally, NBC holds a few public activities.
|Accommodation capacity:||The site area can accommodate approximately 20,000 people.
Special checks may require to be carried out with Quebec City officials before the reservoir is used (capacity and environment.)
|Description of the site:||The Bandstand is located on the Plains of Abraham within walking distance of the Musee national des beaux-arts du Quebec along the same axis as Cartier Street. The service building, the Centennial Fountain and the sundial are located near the Bandstand.
The topography of the site constitutes a natural amphitheatre with the two sides (north and south), used to meet the needs of park’s users.
|Use:||The NBC produces and presents shows scheduled in summer.
The NBC will avoid overexploitation of the site by limiting its use to humanitarian organizations, insofar as exces-sive noise can be avoided with regard to speeches and music. Any other activity will be moved to other areas of the park, including to the Site for Major Events.
|Accommodation capacity:||The Bandstand itself has an accommodation capacity of approximately 60 people. The green space capacity surrounding is approximately 12,000 people on the north side and approximately 2,000 people on the south side.|
|Description of the site:||Also called « Playing Fields » and originally called the « Plains of Abraham », the Great Plain is a flat ground (gradient from east to west is approximately 14 feet or 4.26 meters), located in front of the Musee national des beaux-arts du Quebec.
It includes a jogging trail as well as an in-line skating trail, a ground for the practice of football, soccer and numerous other sport activities in a highly attractive environment.
|Use:||This site is used for sport and school activities, public gatherings and picnics. It is also used for a few family and charitable events. Exceptionally, large-scale shows have taken place here in the past (including in 2008), but be-cause of the long-term potential impact on ground condi-tions, the Site for Major Events is privileged.|
|Accommodation capacity:||The Great Plain can accommodate approximately 200,000 people.|
BEHIND THE MUSEE NATIONAL DES BEAUX-ARTS DU QUEBEC
|Description of the site:||This site has a steep incline, forming a natural amphithea-tre behind the Musee national des beaux-arts du Quebec.|
|Use:||Extra place for holding certain cultural events. Its use is deliberatly restricted to a few events to help preserve the tranquillity of the place.|
|Accommodation capacity:||This site has an accommodation capacity of approximately 30,000 people.|
|Description of the site:||The ground is bordered by Cap-aux-Diamants Avenue. From the lookout point of the Governor’s Kiosk, there is a fantastic view over the St. Lawrence River from east to west and on the town of Levis.|
|Use:||Mostly used for occasional activities, as photography and filming, and for a few educational activities.|
|Accommodation capacity:||The site can accommodate approximately 10,000 people.|
|Description of the site:||Situated east of the Citadel, between St. Denis Avenue and the Citadel, this area includes a terrace. It offers a spectacular and breathtaking view on Québec City, the Château Frontenac, the St. Lawrence River and Ile d’Orleans.|
|Use:||A place to relax and enjoy the view. There are no events scheduled here. It is generally used for occasional activities, especially photography and filming.|
|Accommodation capacity:||This site can accommodate approximately 2,000 people.|
DES BRAVES PARK
|Description of the site:||Des Braves Park is located at the end of the avenue bear-ing its name, north of the chemin Sainte-Foy. It overlooks Québec City’s Lower Town and is popular among city-dwellers in search of nature and of relaxation.|
|Use:||As it is located in a residential area, this park is mostly visited by neighborhood residents and hosts a few small-scale educational and community activities. It could not become a place to hold events regularly, if its contemplative nature is to be preserved.|
|Accommodation capacity:||Des Braves Park can accommodate approximately 10,000 people.|
Reference to Articles 1, 2, 4, 5 and 6 of the Policy for using the grounds
|Activity WITHOUT Admission
Reference to Article 5 of the Policy
|Losses of income, if necessary, for any NBC activity (e.g. Abraham's Bus).
For any activities, see footnote.
|1. Major Activity||$400 + $150 per day + tx|
|2. Important Activity||$300 + $150 per day + tx|
|3. Minor Activity||$200 + $150 per day + tx|
|4. Education and Community Activties||No fee|
|5. Public Gatherings||$400 + $150 per day + tx|
|6. Film Shoots||$400 + $150 per day + tx
With the exception of a student project, a media or a promotion of Quebec City or the Plains of Abraham
|7. Photography Sessions||$200 + $100 per day + tx
Rate applicable only to FPO
$150 + tx
|9. Partial Closure||$1,000 + tx|
|Activity WITH Admission
Reference to Article 6 of the Policy
|Losses of income, if necessary, for any NBC activity (e.g. Abraham's Bus).
For any activities, see footnote.
|1. Organized by FPO||Minimum price of $20,000 or a price celling of $50,000, according to the number of tickets sold + $1,000 per day to occupy the site|
|2. Organisez by NPO||25% x $1,000 per day to occupy the site|
*CERTAIN EXCEPTIONS MAY APPLY.
NOTE: for any activities: the expenses of the NBC must be paid off by the occupation permit holder, notably but without limiting, for the services provided like the security deployed, the restoration of the site and the repair of grounds (at their fees, by our entrepreneur), the liaison agent, the electricity, the parking lots, the management waste, etc.
The laws and policies concerning the National Battlefields Commission can be consulted on the site of the Department of Canadian Heritage at www.pch.gc.ca and on the site of the Treasury Board of Canada Secretariat at www.tbs-sct.gc.ca