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Bill C-29

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-29
	An Act to establish the Parks Canada Agency and to amend others Acts as a consequence
Preamble	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;
	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;
	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;
	And Whereas it is in the national interest
	(a) to protect the nationally significant examples of Canada's natural and cultural heritage in national parks, national historic sites, marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,
	(b) to present that heritage through interpretive and educational programs for public understanding, appreciation and enjoyment, both for international visitors and the Canadian public, thereby enhancing pride, encouraging stewardship and giving expression to our identity as Canadians,
	(c) to carry out Canada's international obligations and agreements to protect, conserve and present that heritage and to contribute towards the protection and presentation of the global heritage and biodiversity ,
	(d) to include representative examples of Canada's land and marine natural regions in the systems of national parks and marine conservation areas,
	(e) to commemorate places, people and events of national historic significance, including Canada's rich and ongoing aboriginal traditions ,
	(f) to ensure the commemorative integrity of national historic sites,
	(g) to maintain or restore the ecological integrity of national parks,
	(h) to ensure the ecologically sustainable use of marine conservation areas,
	(i) to protect heritage railway stations and the heritage character of federal heritage buildings,
	(j) to provide leadership and support to the Canadian Heritage Rivers System,
	(k) to provide Canadians with an opportunity to enjoy Canada's special places,
	(l) to maintain ecological and commemorative integrity as a prerequisite to the use of national parks and national historic sites, and
	(m) to manage visitor use and tourism to ensure both the maintenance of ecological and commemorative integrity and a quality experience in such heritage and natural areas for this and future generations;
	NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

	SHORT TITLE
Short title	1. This Act may be cited as the Parks Canada Act.
	INTERPRETATION
Definitions	2. (1) The definitions in this section apply in this Act.
``Agency'' « Agence »	``Agency'' means the Parks Canada Agency established by section 3.
``Chief Executive Officer'' « directeur général »	``Chief Executive Officer'' means the Chief Executive Officer appointed under section 10.
``employee'' « employé »	``employee'' means an employee appointed under subsection 13(1).
``heritage protection programs'' « program- mes de protection du patrimoine »	``heritage protection programs'' includes programs that relate to
	(a) heritage railway stations and federal heritage buildings that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;
	(b) Canadian heritage rivers and federal archaeology; and
	(c) any other matters within the jurisdiction of the Minister that relate to areas of Canadian natural or historical significance that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition.
``Minister'' « ministre »	``Minister'' means the Minister of Canadian Heritage.
``national historic site'' « lieu historique national »	``national historic site'' means a place designated under subsection (2).
``national park'' « parc national »	``national park'' includes a park as defined in section 2 of the National Parks Act.
``other protected heritage areas'' « autres lieux patrimoniaux protégés »	``other protected heritage areas'' includes
	(a) historic canals and national marine conservation areas that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;
	(b) historic museums that may be established by the Minister under the Historic Sites and Monuments Act; and
	(c) any other areas within the jurisdiction of the Minister that relate to areas of Canadian natural or historical significance that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition.
Designation	(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.
	ESTABLISHMENT OF AGENCY
Establish- ment	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.
Minister responsible	4. (1) The Minister is responsible for and has the overall direction of the Agency.
Ministerial direction	(2) The Agency shall comply with any general or special direction given by the Minister with reference to the carrying out of its responsibilities.
Exception	(3) Notwithstanding subsection (1), no direction may be given with respect to the matters referred to in section 13.
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 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.
Officers and employees	(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.
Exception	(3) Subsection (1) does not include
	(a) any power, duty or function of the Minister under this Act;
	(b) a power to make regulations under this or any other Act; or
	(c) a power to make designations or appointments under the Historic Sites and Monuments Act or the Heritage Railway Stations Protection Act.
Non- application of Statutory Instruments Act	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.
Responsibi- lities - 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 and 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 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 and other protected heritage areas and the acquisition of national historic sites.
Responsibi- lities - Acts	(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.
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 or other protected heritage areas or heritage protection programs.
Ancillary powers	8. The Agency may, in carrying out its responsibilities,
	(a) enter into contracts, agreements, memoranda of understanding or other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization in the name of Her Majesty in right of Canada or in its own name;
	(b) acquire any property, including securities, by way of gift, bequest or other form of donation and, subject to the terms and conditions on which the property was acquired, hold, administer, expend, sell, exchange or otherwise dispose of the property;
	(c) sell, exchange, loan or otherwise dispose of any personal property or moveables acquired, held or administered by the Agency;
	(d) license, assign or otherwise make available any patent, copyright, industrial design, trade-mark, trade secret or other like property right held, controlled or administered by the Agency;
	(e) publish, sell or otherwise disseminate studies, reports and other documents of the Agency; and
	(f) do anything that is necessary or incidental to the furtherance of the purposes of the Agency.
Choice of goods and services providers	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.
	ORGANIZATION OF AGENCY
Appointment	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.
Remunera- tion	(2) The Chief Executive Officer shall be paid the remuneration that may be fixed by the Governor in Council.
Absence or incapacity	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.
Role of Chief Executive Officer	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.
Rank of deputy head	(2) The Chief Executive Officer has the rank and all the powers of a deputy head of a department.
Guiding principles and operational policies	(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.
Consultation	(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.
Delegation	(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.

Bill C-29

BILL C-29

SHORT TITLE

INTERPRETATION

ESTABLISHMENT OF AGENCY

ORGANIZATION OF AGENCY