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The purpose of this enactment is to revise and consolidate the
National Parks Act and, in particular, to
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(a) provide a procedure for the future establishment of new parks
and the enlargement of existing ones;
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(b) add several new parks and park reserves and adjust the land
descriptions of certain existing parks;
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(c) enhance protection for wildlife and other park resources;
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(d) provide for the continuation of traditional resource harvesting
activities in keeping with comprehensive land claim agreements and
federal-provincial agreements to establish parks;
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(e) fix the boundaries of communities in parks and restrict
commercial development in those communities; and
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(f) make miscellaneous technical and housekeeping amendments.
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Clause 47: This amendment would repeal an
amendment to the existing National Parks Act that has
been enacted but is not yet in force.
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Clause 48: This amendment would repeal an
amendment to the existing National Parks Act that has
been enacted but is not yet in force.
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Clause 49: The relevant portion of subsection 24(1)
reads as follows:
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24. (1) In this Part, ``Canada Lands'' means
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(a) any lands belonging to Her Majesty in right of Canada or of
which the Government of Canada has power to dispose that are
situated in the Yukon Territory, the Northwest Territories, Nunavut
or in any National Park of Canada and any lands that are
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Clause 50: The definition ``Mackenzie Valley'' in
section 2 reads as follows:
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``Mackenzie Valley'' means that part of the Northwest Territories
bounded on the south by the 60th parallel of latitude, on the west by
the Yukon Territory, on the north by the Inuvialuit Settlement
Region, as defined in the Agreement given effect by the Western
Arctic (Inuvialuit) Claims Settlement Act, and on the east by the
Nunavut Settlement Area, as defined in the Nunavut Land Claims
Agreement Act, but does not include Wood Buffalo National Park.
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Clause 51: Section 34 reads as follows:
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34. Subject to subsection 46(2), this Part does not apply in respect of
lands in a settlement area that comprise a national park to which the
National Parks Act applies, that have been acquired pursuant to the
Historic Sites and Monuments Act or that are situated within the
boundaries of a local government.
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Clause 52: Subsection 46(2) reads as follows:
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(2) In particular, measures carried out by a department or agency of
government leading to the establishment of a national park subject to
the National Parks Act, and the acquisition of lands pursuant to the
Historic Sites and Monuments Act, in a settlement area shall be carried
out in accordance with the applicable land use plan.
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Clause 53: Subsection 52(1) reads as follows:
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52. (1) This Part, except sections 78 and 79, does not apply in respect
of the use of land or waters or the deposit of waste within a national park
to which the National Parks Act applies or within lands acquired
pursuant to the Historic Sites and Monuments Act.
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Clause 54: The relevant portion of subsection 78(1)
reads as follows:
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78. (1) Where a board established for a settlement area determines
that a use of waters or a deposit of waste that is proposed, in an
application made to a water authority, to be carried out in
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(b) a national park to which the National Parks Act applies, or lands
acquired pursuant to the Historic Sites and Monuments Act, in the
settlement area
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would be likely to substantially alter the quality, quantity or rate of flow
of waters when on or flowing through first nation lands of the Gwich'in
or Sahtu First Nation or waters adjacent to those first nation lands, the
board shall notify the water authority in writing of its determination.
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Clause 55: The definition ``development'' in section
111 reads as follows:
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``development'' means any undertaking, or any part of an undertaking,
that is carried out on land or water and, except where the context
otherwise indicates, wholly within the Mackenzie Valley, and
includes measures carried out by a department or agency of
government leading to the establishment of a national park subject
to the National Parks Act and an acquisition of lands pursuant to the
Historic Sites and Monuments Act.
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Clause 56: The relevant portion of subsection 2(3)
reads as follows:
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(3) For the purposes of the definition ``federal property'' in
subsection (1), federal property does not include
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(b) any real property developed and used as a park and situated
within an area defined as ``urban'' by Statistics Canada, as of the
most recent census of the population of Canada taken by Statistics
Canada, other than any real property acquired pursuant to the
National Parks Act or the Historic Sites and Monuments Act or any
real property that is occupied or used as a park and has been
prescribed to be included in the definition ``federal property''
pursuant to paragraph 9(1)(d),
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Clause 57: Subsection 2.1(1) reads as follows:
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2.1 (1) This Act does not apply in respect of the use of waters or the
deposit of waste in a national park to which the National Parks Act
applies, or on any land acquired for the purposes of the Historic Sites
and Monuments Act, that is situated within a settlement area for which
a land and water board is established by Part 3 of the Mackenzie Valley
Resource Management Act.
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Clause 58: The definitions ``national historic site''
and ``national park'' in section 2 read as follows:
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``national historic site'' means a place designated under subsection (2).
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``national park'' includes a park as defined in section 2 of the National
Parks Act.
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Clause 59: Subsection 32(1) reads as follows:
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32. (1) In addition to the duties in relation to management plans for
parks under the National Parks Act, the Chief Executive Officer shall,
within five years after the establishment of a national historic site or
other protected heritage area, or within five years after the date that this
section comes into force, whichever is later, provide the Minister with
a management plan for that national historic site or other protected
heritage area in respect of any matter that the Minister deems
appropriate, including, but not limited to, commemorative and ecologi
cal integrity, resource protection or visitor use, and that plan shall be
tabled in each House of Parliament.
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Clause 60: Section 45 reads as follows:
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45. Any person who, or any person within a class of persons that, is
designated by the Minister under subsection 5(2.1) of the National
Parks Act before the coming into force of section 56 and who,
immediately after the coming into force of that section, is an employee
is deemed to have been designated under that subsection after the
coming into force of that section.
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Clause 64: The definition ``park warden'' in section
2 reads as follows:
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``park warden'' means a person appointed under the Parks Canada
Agency Act whose duties include the enforcement of this Act or the
National Parks Act and who is designated by the Minister as a park
warden.
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Clause 65: Subsection 7(1) reads as follows:
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7. (1) A notice of intention to make an order to change park
boundaries shall be tabled in the House of Commons and, on being
tabled, is referred to the committee of that House that normally
considers national parks matters, or to any other committee to which the
House refers matters for the purpose of this section, if the intention is to
reduce the area of the park, or of any zone of the park, other than a
reduction of the area of a Type III or Type IV zone by one square
kilometre or less.
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Clause 66: Subsection 3(3) reads as follows:
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(3) Nothing in this Act shall be construed as limiting the operation
of the Yukon Quartz Mining Act, the Yukon Placer Mining Act, the
Dominion Water Power Act or the National Parks Act.
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Clause 67: The relevant portion of subsection 17(2)
reads as follows:
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(2) Subsection (1) does not apply to lands
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(a) to which the National Parks Act applies;
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