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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-29 |
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An Act to establish the Parks Canada Agency
and to amend others Acts as a
consequence
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Preamble
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Whereas the Government of Canada wishes
to establish an Agency for the purpose of
ensuring that Canada's national parks,
national historic sites and related heritage
areas are protected and presented for this and
future generations and in order to further the
achievement of the national interest as it
relates to those parks, sites and heritage areas
and related programs;
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Whereas the Government of Canada wishes
to establish an Agency that, through the
exercise of its responsibilities in relation to
those parks, sites and heritage areas and
related programs, will reflect Canada's values
and identity and contribute to enhancing pride
in Canada;
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Whereas the Government of Canada wishes
to establish an Agency to provide quality
services to visitors and the Canadian public
through alternative human resource and
administrative regimes and financial
authorities;
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And Whereas it is in the national interest
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Parks
Canada Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this section apply
in this Act.
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``Agency'' « Agence »
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``Agency'' means the Parks Canada Agency
established by section 3.
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``Chief
Executive
Officer'' « directeur général »
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``Chief Executive Officer'' means the Chief
Executive Officer appointed under section
10.
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``employee'' « employé »
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``employee'' means an employee appointed
under subsection 13(1).
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``heritage
protection
programs'' « program- mes de protection du patrimoine »
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``heritage protection programs'' includes
programs that relate to
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``Minister'' « ministre »
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``Minister'' means the Minister of Canadian
Heritage.
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``national
historic site'' « lieu historique national »
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``national historic site'' means a place
designated under subsection (2).
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``national
park'' « parc national »
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``national park'' includes a park as defined in
section 2 of the National Parks Act.
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``other
protected
heritage
areas'' « autres lieux patrimoniaux protégés »
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``other protected heritage areas'' includes
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Designation
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(2) The Minister may designate any historic
place as defined in section 2 of the Historic
Sites and Monuments Act as a national historic
site for the purposes of this Act.
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ESTABLISHMENT OF AGENCY |
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Establish- ment
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3. There is hereby established a body
corporate to be called the Parks Canada
Agency, that may exercise powers and
perform duties and functions only as an agent
of Her Majesty in right of Canada.
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Minister
responsible
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4. (1) The Minister is responsible for and
has the overall direction of the Agency.
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Ministerial
direction
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(2) The Agency shall comply with any
general or special direction given by the
Minister with reference to the carrying out of
its responsibilities.
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Exception
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(3) Notwithstanding subsection (1), no
direction may be given with respect to the
matters referred to in section 13.
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Exercise of
powers
conferred on
Minister
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5. (1) Subject to any direction given by the
Minister, the Agency may exercise the powers
and shall perform the duties and functions that
relate to national parks, national historic sites
and other protected heritage areas and
heritage protection programs that are
conferred on, or delegated, assigned or
transferred to, the Minister under any Act or
regulation.
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Officers and
employees
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(2) An officer or employee of the Agency
may exercise any power and perform any duty
or function referred to in subsection (1) if the
officer or employee is appointed to serve in the
Agency in a capacity appropriate to the
exercise of the power or the performance of
the duty or function, and in so doing, shall
comply with any general or special direction
given by the Minister.
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Exception
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(3) Subsection (1) does not include
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Non- application of Statutory Instruments Act
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5.1 A direction by the Minister referred to
in sections 4 and 5 is not a statutory instrument
for the purposes of the Statutory Instruments
Act.
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Responsibi- lities - subject- matter
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6. (1) The Agency is responsible for the
implementation of policies of the Government
of Canada that relate to national parks,
national historic sites and other protected
heritage areas and heritage protection
programs.
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System plans
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(2) The Agency shall ensure that there are
long-term plans in place for establishing
systems of national parks, national historic
sites and marine conservation areas.
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New protected
heritage areas
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(3) The Agency is responsible for
negotiating, and recommending to the
Minister, the establishment of new national
parks and other protected heritage areas and
the acquisition of national historic sites.
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Responsibi- lities - Acts
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(4) The Agency is responsible for the
administration and enforcement of the Acts
listed in Part 1 of the schedule and any
regulations made under those Acts and the
regulations listed in Part 2 of the schedule.
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Additions to
or deletions
from the
schedule
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7. The Governor in Council may, by order,
add to or delete from the schedule any Act of
Parliament or regulation or part of an Act or
regulation that relates to national parks,
national historic sites or other protected
heritage areas or heritage protection
programs.
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Ancillary
powers
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8. The Agency may, in carrying out its
responsibilities,
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Choice of
goods and
services
providers
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9. Notwithstanding section 9 of the
Department of Public Works and Government
Services Act, the Agency, with the approval
given generally or in a specific case by the
Governor in Council, on the recommendation
of the Treasury Board, may procure goods and
services, including legal services, from
outside the public service of Canada.
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ORGANIZATION OF AGENCY |
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Appointment
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10. (1) The Governor in Council shall
appoint an officer, to be called the Chief
Executive Officer, to hold office during
pleasure for a term of not more than five years,
which term may be renewed for one or more
further terms.
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Remunera- tion
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(2) The Chief Executive Officer shall be
paid the remuneration that may be fixed by the
Governor in Council.
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Absence or
incapacity
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11. In the event of the absence or incapacity
of the Chief Executive Officer or a vacancy in
that office, the Minister may appoint any
person to exercise the powers and perform the
duties and functions of the Chief Executive
Officer, but no person may be so appointed for
a term of more than ninety days without the
approval of the Governor in Council.
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Role of Chief
Executive
Officer
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12. (1) The Chief Executive Officer, under
the direction of the Minister, has the control
and management of the Agency and all
matters connected with it.
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Rank of
deputy head
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(2) The Chief Executive Officer has the
rank and all the powers of a deputy head of a
department.
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Guiding
principles and
operational
policies
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(3) The Chief Executive Officer is
responsible for preparing, for the Minister's
approval, guiding principles and operational
policies for matters within the Agency's
responsibilities.
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Consultation
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(4) At least every two years, the Chief
Executive Officer shall hold public forums or
otherwise consult with persons and
organizations interested in matters for which
the Agency is responsible, by inviting those
persons or organizations to provide their
views on issues of interest to the Agency.
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Delegation
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(5) The Chief Executive Officer may
delegate to any person any power, duty or
function conferred on the Chief Executive
Officer under this Act or any other Act or
regulation.
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