PROVISIONS FOR PARTICULAR PARKS

Banff local government

35. The Governor in Council, having authorized the Minister to enter into the Town of Banff Incorporation Agreement dated December 12, 1989, being an agreement for the establishment of a local government body for the town of Banff in Banff National Park of Canada, and to entrust to that body the local government functions specified in the Agreement, may authorize the Minister to further amend the Agreement.

Lands for ski facilities

36. (1) No lease or licence of occupation may be granted for the purpose of commercial ski facilities on public lands in a park except within a commercial ski area described in Schedule 5.

Designation of ski areas

(2) The Governor in Council may, by order, add to Schedule 5 the name and a description of a commercial ski area in the vicinity of Sunshine Village in Banff National Park of Canada, but that Schedule is not otherwise subject to amendment by the Governor in Council.

Wildlife Advisory Board

37. (1) The Governor in Council may, by order, constitute a Wildlife Advisory Board for the traditional hunting grounds of Wood Buffalo National Park of Canada.

Hunting, trapping and fishing permits

(2) Notwithstanding any regulations made under section 17, permits for hunting, trapping and fishing by members of the Cree Band of Fort Chipewyan in the traditional hunting grounds of Wood Buffalo National Park of Canada shall be issued in accordance with regulations of the Wildlife Advisory Board.

Regulations

(3) The Wildlife Advisory Board may, subject to the approval of the Governor in Council, make regulations respecting

    (a) the issuance, amendment and revocation, by the superintendent of the Park, of permits for hunting, trapping and fishing by members of the Cree Band of Fort Chipewyan in the traditional hunting grounds of the Park;

    (b) the qualifications for such permits; and

    (c) the number of such permits that may be issued.

Traditional hunting grounds

(4) For the purposes of this section, the traditional hunting grounds of Wood Buffalo National Park of Canada consist of the lands shown on Plan 72702 in the Canada Lands Surveys Records at Ottawa, a copy of which is filed in the Land Titles Office at Edmonton under number 902-0325, which lands contain 8869 square kilometres (886 894 hectares).

Amendment of park descriptions

38. (1) Notwithstanding subsection 5(2) and section 13, the Governor in Council may, by order,

    (a) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park any lands in the vicinity of Garden River in the province of Alberta that may be required for the establishment of an Indian reserve;

    (b) amend or replace the description of Wood Buffalo National Park of Canada in Schedule 1, in accordance with an agreement between Canada and the Salt River First Nation or with any first nation formed from the division of that First Nation, for the purpose of withdrawing from that Park any lands that may be required for purposes of entitlement to land under Treaty Number Eight between Her Majesty the Queen and the Cree, Beaver, Chipewyan and other Indians;

    (c) amend or replace the description of Riding Mountain National Park of Canada in Schedule 1 for the purpose of withdrawing from that Park the east half of Section 8 in Township 20, Range 19, for purposes of settling a claim of the Keeseekoowenin Band; or

    (d) amend or replace the description of Wapusk National Park of Canada in Schedule 1, in accordance with the agreement between Canada and Manitoba respecting the establishment of that Park, for the purpose of withdrawing from the Park any lands that may be required for purposes of entitlement to land under

      (i) Treaty Number Five between Her Majesty the Queen and the Saulteaux and Swampy Cree Tribes of Indians at Berens River, or

      (ii) the Northern Flood Agreement concluded on December 16, 1977 between Canada, Manitoba, the Manitoba Hydro-Electric Board and the Northern Flood Committee, Inc.

Lands not required

(2) Lands withdrawn from Wood Buffalo National Park of Canada or Wapusk National Park of Canada pursuant to subsection (1) are declared to be no longer required for park purposes.

PARK RESERVES

Application of Act to reserves

39. Subject to sections 40 and 41, this Act applies to a park reserve as if it were a park.

Aboriginal resource harvesting

40. The application of this Act to a park reserve is subject to the carrying on of traditional renewable resource harvesting activities by aboriginal persons.

Agreement re Gwaii Haanas

41. (1) The Governor in Council may authorize the Minister to enter into an agreement with the Council of the Haida Nation respecting the management and operation of Gwaii Haanas National Park Reserve of Canada.

Resource harvesting and cultural activities

(2) For the purpose of implementing an agreement referred to in subsection (1), the Governor in Council may make regulations, applicable in the Gwaii Haanas National Park Reserve of Canada, respecting the continuance of traditional renewable resource harvesting activities and Haida cultural activities by people of the Haida Nation to whom subsection 35(1) of the Constitution Act, 1982 applies.

Additions to reserve

(3) Pending the resolution of the disputes outstanding between the Haida Nation and the Government of Canada respecting their rights, titles and interests in or to the Gwaii Haanas Archipelago, the Governor in Council may, by order, alter the description of Gwaii Haanas National Park Reserve of Canada in Schedule 2 for the purpose of adding to the Reserve any portion of the Gwaii Haanas Archipelago as described in Schedule VI to the National Parks Act, chapter N-14 of the Revised Statutes of Canada, 1985, as that Act read immediately before its repeal.

Non-applicati on of section 7

(4) Section 7 does not apply in relation to the enlargement of Gwaii Haanas National Park Reserve of Canada in accordance with subsection (3).

NATIONAL HISTORIC SITES OF CANADA

Lands set apart

42. (1) The Governor in Council may set apart any land, the title to which is vested in Her Majesty in right of Canada, as a national historic site of Canada to which this Act applies in order to

    (a) commemorate a historic event of national importance; or

    (b) preserve a historic landmark, or any object of historic, prehistoric or scientific interest, that is of national importance.

Changes to boundaries

(2) The Governor in Council may make any changes that the Governor in Council considers appropriate in areas set apart under subsection (1).

Application of this Act

(3) The Governor in Council may, by order, extend the application of subsection 8(1), section 11, except as it relates to zoning, and sections 12 and 16 to 32 to national historic sites of Canada.

REPEALS

Repeal

43. An Act to amend the National Parks Act, chapter 11 of the Statutes of Canada, 1974, is repealed.

Repeal

44. An Act to establish a National Park on the Mingan Archipelago, chapter 34 of the Statutes of Canada, 1984, is repealed.

Repeal

45. An Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, chapter 48 of the Statutes of Canada, 1988, is repealed.

Repeal of R.S., c. N-14

46. The National Parks Act is repealed.

CONSEQUENTIAL AMENDMENTS

1992, c. 47

Contraventions Act

47. Section 8 of the schedule to the Contraventions Act and the heading before it are repealed.

1991, c. 24

An Act to amend the Financial Administration Act and other Acts in consequence thereof

48. Section 9 of Schedule III to An Act to amend the Financial Administration Act and other Acts in consequence thereof, chapter 24 of the Statutes of Canada, 1991, and the heading before it are repealed.

R.S., c. L-6

Canada Lands Surveys Act

1993, c. 28, s. 78 (Sch. III, item 102)

49. The portion of paragraph 24(1)(a) of the Canada Lands Surveys Act before subparagraph (i) is replaced by the following:

    (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 park or park reserve, as defined in the Canada National Parks Act, and any lands that are

1998, c. 25

Mackenzie Valley Resource Management Act

50. The definition ``Mackenzie Valley'' in section 2 of the Mackenzie Valley Resource Management Act is replaced by the following:

``Mackenzie Valley''
« vallée du Mackenzie »

``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 of Canada.

51. Section 34 of the Act is replaced by the following:

Application of Part 2

34. Subject to subsection 46(2), this Part does not apply in respect of lands in a settlement area that comprise a park to which the Canada 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.

52. Subsection 46(2) of the Act is replaced by the following:

National parks and historic sites

(2) In particular, measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada 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.

53. Subsection 52(1) of the Act is replaced by the following:

National parks and historic sites

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 park to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act.

54. Paragraph 78(1)(b) of the Act is replaced by the following:

    (b) a park to which the Canada National Parks Act applies, or lands acquired pursuant to the Historic Sites and Monuments Act, in the settlement area

55. The definition ``development'' in section 111 of the Act is replaced by the following:

``development ''
« projet de développe-
ment »

``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 park subject to the Canada National Parks Act and an acquisition of lands pursuant to the Historic Sites and Monuments Act.

R.S., c. M-13

Municipal Grants Act

56. Paragraph 2(3)(b) of the Municipal Grants Act is replaced by the following:

    (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 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),

1992, c. 39

Northwest Territories Waters Act

1998, c. 25, s. 165(1)

57. Subsection 2.1(1) of the Northwest Territories Waters Act is replaced by the following:

National parks and historic sites

2.1 (1) This Act does not apply in respect of the use of waters or the deposit of waste in a park to which the Canada 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.

1998, c. 31

Parks Canada Agency Act

58. The definitions ``national historic site'' and ``national park'' in section 2 of the Parks Canada Agency Act are replaced by the following:

``national historic site''
« lieu historique national »

``national historic site'' means a place designated under subsection (2) or a national historic site of Canada to which the Canada National Parks Act applies.

``national park''
« parc national »

``national park'' means a park or park reserve as defined in section 2 of the Canada National Parks Act.

59. Subsection 32(1) of the Act is replaced by the following:

Management plans

32. (1) In addition to the duties in relation to management plans for national parks under the Canada 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 ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.

60. Section 45 of the Act is repealed.

61. Part 1 of the schedule to the Act is amended by striking out the following :

Mingan Archipelago National Park Act, S.C. 1984, c. 34

    Loi sur le parc national de l'archipel de Mingan, S.C. 1984, ch. 34

62. Part 1 of the schedule to the Act is amended by striking out the following:

National Parks Act

    Loi sur les parcs nationaux

63. Part 1 of the schedule to the Act is amended by adding the following in alphabetical order:

Canada National Parks Act

    Loi sur les parcs nationaux du Canada