Parks Access and Construction Application

Parks Access and Construction Application Form

Access Period

Applicant Information

Work and Access Details

Must attach a map/ sketch indicates entrance, access route, staging area - and stockpile location with reference to legible existing park features, e.g., trail, fence, woodlot, and any other documents as requested.
Maximum 10 files.
100 MB limit.
Allowed types: jpg, png, pdf, doc, docx.
Proposed Parkland Protective Measures
The extent of the protective measures should be clearly indicated on maps and sketches submitted for the permit.
Maximum 10 files.
100 MB limit.
Allowed types: jpg, png, pdf, doc, docx.

Work schedule days and times

Date(s) or range Start / End time

A check list including administration fee, security deposit (if required); liability insurance and additional requirements will be provided after review of the information submitted.

Terms and Conditions

Commencement of Work: Work is not to commence until an approved copy of the Parks Access Permit is received by the applicant.

 

Site Reinstatement: Work authorized by this permit is to be completed in all respects and include reinstatement of the park to the satisfaction of the Regional District of Nanaimo

 

As is: The permit holder acknowledges and agrees that the permit holder is using the park on an “as is, where is” basis.

 

Site Inspection: Inspection of the park by a Regional District of Nanaimo representative to determine compliance with this permit and satisfactory reinstatement of the park will be required, and the permit holder hereby consents to such an inspection. Upon completion of the work, the permit holder must notify the Regional District of Nanaimo to arrange for a final inspection.

 

Scheduling of Work: The permit holder is to notify the Regional District of Nanaimo a minimum of five business days in advance of their intention to access the park. (If requested by the Regional District of Nanaimo, the permit holder must supply a schedule and time for the work to be completed and must notify the Regional District of Nanaimo representative of any changes to the schedule.) See work schedule above.

 

Utility Locates: Prior to any soil disturbance, the permit holder is responsible for conducting utility locations within the park, at their sole cost and expense.

 

Observance of the Law: The permit holder agrees to comply with any relevant federal or provincial acts, city bylaws, policies and/or regulations.

 

Assigning: The permit holder agrees not to assign or permit use and occupancy of the park by any other person other than themselves or their representatives without the written approval of the Regional District of Nanaimo.

 

Additional Approvals: The permit holder is to secure all necessary permits and permissions from other agencies having the proper authority or jurisdiction and to comply with those permits, approvals or permissions. These approvals may include, but are not limited to those related to pipelines, hydro lines or other utilities and the archaeology branch.

 

Waste and Nuisance: The permit holder agrees not to do or to allow to be done any action which would damage, waste, disfigure or injure anything in the park or otherwise cause a nuisance as per Regional District of Nanaimo Park Use Regulations bylaw 1801.01,2024 as amended from time to time.

 

Termination: The Regional District of Nanaimo may terminate this parks access permit and all the permit holder’s rights hereunder immediately at any time in the event of any breach or default by the permit holder in the performance of any term or condition contained in this parks access permit, including, without limitation, failure by the permit holder to pay the required fees and amounts in accordance with the payment terms hereof, and the Regional District of Nanaimo shall be entitled to recover, and the permit holder shall be liable for, all damages and losses incurred by the Regional District of Nanaimo arising directly or indirectly or in consequence of or in relation to the breach or default by the permit holder.

 

Release: The Permit Holder hereby releases and forever discharges the Regional District of Nanaimo, including the Regional District of Nanaimo’s elected officials, officers, employees, agents and contractors (hereafter the “Indemnified Parties”), and the permit holder further agrees that notwithstanding anything to the contrary contained herein, the Indemnified Parities shall not be liable to the permit holder or to  anyone for whom the permit holder may be in law responsible, for any loss of/or damage to property, personal injury or death, or any other losses, actions, damages, both direct or indirect, and such other costs and expenses, howsoever and whatsoever incurred, suffered or sustained by the permit holder during or otherwise in relation to or in connection with the permit holder’s use of the Park and all activities relating to such use or any other matters under this Parks Access Permit, negligent misrepresentation, breach of the Occupiers’ Liability Act or breach of statutory duty on the part of the Indemnified Parties or the part of anyone for whom the Regional District of Nanaimo is in law responsible, by the presence of the Permit Holder or anyone else upon the Parks Access Permit, the conditions or state of repair of the Park and the breach of any of the provisions of this Parks Access Permit by the RDN, including, but not limited to, any negligent act or omission of the Indemnified Parties which causes of contributes to any such injury, damages or loss.

Insurance:

All applications must include proof of commercial general liability insurance coverage in the minimum amount of $5,000,000, inclusive per occurrence, for bodily injury and property damage. The insurance shall also provide:

  1. that the Regional District of Nanaimo is named as an additional insured;
  2. that the Regional District is protected notwithstanding any act, neglect or misrepresentation of the named insured.
  3. that it is primary and non-contributing with respect to any policies carried by the Regional District of Nanaimo and that nay Regional District of Nanaimo policy of insurance is excess coverage; and
  4. that all rights of subrogation or recourse against the Regional District of Nanaimo are waived.
     

The Regional District’s Manager of Parks Services may, in the Manager of Parks Services’ sole secretion, require the applicant to provide further liability insurance from time to time.

Indemnity Agreement:

If the special Event or program permit is granted to you by the Regional District of Nanaimo, you and your organization must indemnify and save harmless the Regional District of Nanaimo, its officer, employees and agents from any claim, lawsuit, liability, debt, demand, loss or judgment ( including all legal costs on a solicitor and own-client basis and interest) whatsoever and howsoever arising either directly or indirectly as a result of or in any way related to, the granting of the permit or the use of the Regional District of Nanaimo property or facilities.

***A temporary sign may be requested that explains the event and its disruptions to the public using the park***

 

Parks Access and Construction must follow the Regional District of Nanaimo Park Use Regulations Bylaw 1801, as amended from time to time.

I hereby certify that all information provided in this application is true and correct.

Note: the person signing this application should be the person referred to in provided insurance and is responsible for ensuring that all conditions are met.

If you have any questions, please contact Parks Services at 250-248-4744. Please allow up to six weeks for application approval.

Information collected on this form is done so under the general authority of the Freedom of Information and Protection of Privacy Act (FOIPPA) and is protected in accordance with FOIPPA. Information provided will only be used to process the application form. Questions regarding the collection of your personal information may be referred to the Legislative Services Department at foi@rdn.bc.ca