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Bill C-419

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-419

An Act to amend the National Parks Act and other Acts in consequence thereof (Canada Parks)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. N-14; R.S., c. 31 (lst Supp.), c. 28 (3rd Supp.), c. 39 (4th Supp.); 1988, c. 48; 1991, c. 24; 1992, cc. 1, 23, 47; 1994, c. 34; 1995, c. 11; 1996, c. 10

NATIONAL PARKS ACT

1. The long title of the National Parks Act is replaced by the following:

An Act respecting Canada Parks

2. Section 1 of the Act is replaced by the following:

Short title

1. This Act may be cited as the Canada Parks Act.

3. The definition ``park'' in section 2 of the Act is replaced by the following:

``park''
« parc »

``park'' means a Canada Park or Canada Marine Park described in Schedule 1;

4. The headings before section 3 of the Act are replaced by the following:

PART 1

CANADA PARKS

5. Paragraph 3(2)(b) of the Act is replaced by the following:

    (b) agreement has been reached with the province in which the lands are situated that the lands are suitable for addition to a Canada Park; and

6. Section 4 of the English version of the Act is replaced by the following:

Parks to be public possessions

4. The Canada Parks are hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and the Canada Parks shall be maintained and made use of so as to leave them unimpaired for the enjoyment of future generations.

7. The portion of subsection 5(7) of the English version of the Act before paragraph (a) is replaced by the following:

Traditional resource harvesting

(7) The Minister may authorize persons of designated classes to engage in traditional renewable resource harvesting activities in any Canada Park established

8. Paragraph 7(1)(oo) of the Act is replaced by the following:

    (oo) the control of aircraft access to Canada parks.

Other references

9. Every reference to a ``national park'' in this Act or in any order, regulation or other instrument made under this Act shall, unless the context otherwise requires, be read as a reference to a ``Canada park''.

CONSEQUENTIAL AMENDMENTS

1995, c. 11

Department of Canadian Heritage Act

10. Paragraph 4(2)(e) of the Department of Canadian Heritage Act is replaced by the following:

    (e) Canada parks, national historic sites, historic canals, national battlefields, national marine conservation areas, heritage railway stations and federal heritage buildings;

R.S., c. L-6

Canada Lands Surveys Act

11. The portion of paragraph 24(1)(a) of the Canada Lands Surveys Act before sub-paragraph (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 or in any Canada Park and any lands that are

R.S., c. T-7

Territorial Lands Act

12. Subsection 3(3) of the Territorial Lands Act is replaced by the following:

Application

(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 Canada Parks Act.

R.S., c. Y-3

Yukon Placer Mining Act

13. Paragraph 17(2)(a) of the Yukon Placer Mining Act is replaced by the following:

    (a) to which the Canada Parks Act applies;

14. Subsection 98(1) of the Act is replaced by the following:

Order prohibiting entry

98. (1) Where, in the opinion of the Governor in Council, any land in the Territory may be required for a harbour, airfield, road, bridge or other public work or for a Canada park, historic site or town site, the settlement of aboriginal land claims or any other public purpose, the Governor in Council may, by order, prohibit entry on that land for the purpose of locating a claim or prospecting for gold or other precious minerals or stones except on such terms and conditions as the Governor in Council may prescribe.

R.S. c. Y-4

Yukon Quartz Mining Act

15. Subsection 14(1) of the Yukon Quartz Mining Act is replaced by the following:

Exceptions

14. (1) There shall be excepted from the provisions of section 12 any land occupied by any building, any land falling within the curtilage of any dwelling-house and any land valuable for water-power purposes, or for the time being actually under cultivation, unless with the written consent of the owner, lessee or locatee or of the person in whom the legal estate therein is vested, any land on which any church or cemetery is situated, any land lawfully occupied for mining purposes and Indian reserves, Canada parks and defence, quarantine or other like reservations made by the Government of Canada, except as provided by section 15.

16. Subsection 14.1(2) of the Act is replaced by the following:

Order prohibiting entry

(2) Where, in the opinion of the Governor in Council, any land in the Territory may be required for a harbour, airfield, road, bridge or other public work or for a Canada park, historic site or town site, the settlement of aboriginal land claims or any other public purpose, the Governor in Council may, by order, prohibit entry on that land for the purpose of locating a claim or prospecting or mining for minerals except on such terms and conditions as the Governor in Council may prescribe.

TERMINOLOGY

Other references

17. Every reference to a ``national park'' in any other Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to a ``Canada park''.