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|
MITIGATION OF ENVIRONMENTAL DAMAGE |
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| Pollution
clean-up
|
29. (1) Where a substance that is capable of
degrading the environment or injuring any
animal, fish or plant is discharged or deposited
within a marine conservation area, any person
who has charge, management or control of the
substance or who causes or contributes to the
discharge or deposit shall take reasonable
measures to prevent or mitigate such
degradation or injury.
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|
| Powers of
Minister
|
(2) If the Minister is of the opinion that a
person is not taking measures required by
subsection (1), the Minister shall direct the
person to take those measures and, if the
person fails to do so, the Minister may direct
those measures to be taken on behalf of Her
Majesty in right of Canada.
|
|
| Expenses of
clean-up
|
(3) A person who fails to comply with a
direction given by the Minister under
subsection (2) is liable for the expenses
reasonably incurred by Her Majesty in right of
Canada in taking the measures directed and
those expenses may be recovered from that
person, with costs, in proceedings brought in
the name of Her Majesty in any court of
competent jurisdiction.
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| Exception
|
(4) No measures may be directed to be taken
under subsection (2) to prevent or mitigate any
degradation or injury if action may be taken
under the Canada Shipping Act, the Arctic
Waters Pollution Prevention Act or the
Canadian Environmental Protection Act,
1999, to prevent or mitigate the same
degradation or injury.
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|
CONSEQUENTIAL AMENDMENTS |
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| 2000, c. 32
|
Canada National Parks Act |
|
|
|
30. The definitions ``park'' and ``park
reserve'' in subsection 2(1) of the Canada
National Parks Act are replaced by the
following:
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|
| ``park'' « parc »
|
``park'' means a national park of Canada
named and described in Schedule 1.
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|
| ``park
reserve'' « réserve »
|
``park reserve'' means a national park reserve
of Canada named and described in
Schedule 2.
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|
|
31. Subsection 4(2) of the Act is replaced
by the following:
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|
| Purpose of
reserves
|
(2) Park reserves are established in
accordance with this Act for the purpose
referred to in subsection (1) where an area or
a portion of an area proposed for a park is
subject to a claim in respect of aboriginal
rights that has been accepted for negotiation
by the Government of Canada.
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|
|
|
31.1 Subsection 5(2) of the Act is replaced
by the following:
|
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| Judicial
finding as to
title
|
(2) If a court of competent jurisdiction finds
that Her Majesty in right of Canada does not
have clear title to or an unencumbered right of
ownership in lands within a park, the
Governor in Council may, by order, amend
Schedule 1 by removing the name and
description of the park or by altering that
description.
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|
| No reduction
of park area
|
(3) Except as provided by subsection (2), no
amendment may be made by the Governor in
Council to Schedule 1 for the purpose of
removing any portion of a park.
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|
|
|
31.2 (1) The portion of subsection 6(2) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Reserve lands
becoming
park
|
(2) Where a claim referred to in subsection
4(2) is settled, the Governor in Council may,
by order,
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|
|
|
(2) Subsection 6(3) of the Act is replaced
by the following:
|
|
| Judicial
finding as to
title
|
(3) If a court of competent jurisdiction finds
that Her Majesty in right of Canada does not
have clear title to or an unencumbered right of
ownership in lands within a park reserve, the
Governor in Council may, by order, amend
Schedule 2 by removing the name and
description of the reserve or by altering that
description.
|
|
| No reduction
of reserve
area
|
(4) Except as provided by subsections (2)
and (3), no amendment may be made by the
Governor in Council to Schedule 2 for the
purpose of removing any portion of a park
reserve.
|
|
|
|
31.3 Section 19 of the Act is replaced by
the following:
|
|
| Designation
of
enforcement
officers
|
19. The Minister may designate persons or
classes of persons employed in the public
service of Canada or by a provincial,
municipal or local authority or an aboriginal
government, whose duties include law
enforcement, to be enforcement officers for
the purpose of the enforcement of specified
provisions of this Act or the regulations in
relation to specified parks, and for that
purpose enforcement officers have the powers
and are entitled to the protection provided by
law to peace officers within the meaning of the
Criminal Code.
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|
|
|
31.4 Subsection 23(2) of the Act is
replaced by the following:
|
|
| Forfeiture
where
ownership not
ascertainable
|
(2) If the lawful ownership of or entitlement
to a seized thing cannot be ascertained within
30 days after its seizure, the thing or any
proceeds of its disposition are forfeited to Her
Majesty in right of Canada, if the thing was
seized by a park warden or by an enforcement
officer employed in the public service of
Canada, or to Her Majesty in right of a
province, if the thing was seized by an
enforcement officer employed by a
provincial, municipal or local authority or an
aboriginal government.
|
|
| 1995, c. 11
|
Department of Canadian Heritage Act |
|
|
|
32. The French version of paragraph
4(2)(e) of the Department of Canadian
Heritage Act is replaced by the following:
|
|
|
|
|
|
| 1998, c. 31
|
Parks Canada Agency Act |
|
|
|
33. (1) Paragraph (a) of the preamble to
the Parks Canada Agency Act is replaced by
the following:
|
|
|
|
|
|
|
|
(2) Paragraph (d) of the preamble to the
Act is replaced by the following:
|
|
|
|
|
|
|
|
(3) Paragraph (h) of the preamble to the
Act is replaced by the following:
|
|
|
|
|
|
|
|
34. (1) Paragraph (a) of the definition
``other protected heritage areas'' in
subsection 2(1) of the Act is replaced by the
following:
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|
|
|
|
|
|
|
(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
|
|
| ``national
marine
conservation
area'' « aire marine nationale de conservation »
|
``national marine conservation area'' means a
marine conservation area or reserve as
defined in subsection 2(1) of the Canada
National Marine Conservation Areas Act.
|
|
|
|
35. Subsection 5(1) of the Act is replaced
by the following:
|
|
| Exercise of
powers
conferred on
Minister
|
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,
national marine conservation areas, 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.
|
|
|
|
36. Subsections 6(1) to (3) of the Act are
replaced by the following:
|
|
| Responsibiliti
es -
subject-matter
|
6. (1) The Agency is responsible for the
implementation of policies of the Government
of Canada that relate to national parks,
national historic sites, national marine
conservation areas, other protected heritage
areas and heritage protection programs.
|
|
| System plans
|
(2) The Agency shall ensure that there are
long-term plans in place for establishing
systems of national parks, national historic
sites and national marine conservation areas.
|
|
| New protected
heritage areas
|
(3) The Agency is responsible for
negotiating, and recommending to the
Minister, the establishment of new national
parks, national marine conservation areas and
other protected heritage areas and the
acquisition of national historic sites.
|
|
|
|
37. Section 7 of the Act is replaced by the
following:
|
|
| Additions to
or deletions
from the
schedule
|
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, national marine
conservation areas or other protected heritage
areas or heritage protection programs.
|
|
|
|
38. (1) Paragraphs 21(3)(b) to (d) of the
Act are replaced by the following:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) Subsection 21(4) of the Act is replaced
by the following:
|
|
| Determination
of status
|
(4) The Chief Executive Officer must, in
accordance with the guidelines established
under subsection (5), determine whether a
national park, national historic site, national
marine conservation area or other protected
heritage area has attained full operational
status for the purposes of paragraphs (3)(b)
and (c).
|
|
|
|
39. Section 31 of the Act is replaced by the
following:
|
|
| Report on
state of
heritage areas
and programs
|
31. At least every two years, the Chief
Executive Officer shall provide the Minister
with a report, to be tabled in each House of
Parliament, on the state of national parks,
national historic sites, national marine
conservation areas and other protected
heritage areas and heritage protection
programs, and on the performance of the
Agency in carrying out its responsibilities
under section 6.
|
|
| 2000, c. 32,
s. 59
|
40. 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 under the Canada
National Parks Act and the Canada National
Marine Conservation Areas 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 coming into force of this
section, 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.
|
|
|
|
41. Part 1 of the schedule to the Act is
amended by adding the following in
alphabetical order:
|
|
|
|
Canada National Marine Conservation Areas
Act
|
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|
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|