Bill C-48

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	MITIGATION OF ENVIRONMENTAL DAMAGE
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.
Powers of Minister	(2) If the Minister is of the opinion that a person is not taking measures required by subsection (1), the Minister may 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.
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, to prevent or mitigate the same degradation or injury.
	RESERVES
Application of Act to reserves	30. This Act applies to a reserve as if it were a marine conservation area.
	CONSEQUENTIAL AMENDMENTS
1995, c. 11	Department of Canadian Heritage Act
	*31. Paragraph 4(2)(e) of the Department of Canadian Heritage Act* is replaced by the following:**
	(e) national parks, national historic sites, historic canals, national battlefields, marine conservation areas, heritage railway stations and federal heritage buildings;
R.S., c. N-14	National Parks Act
R.S., c. 39 (4th Supp.), s. 1(1)	*32. The definition ``park'' in section 2 of the National Parks Act* is replaced by the following:**
``park'' « parc »	``park'' means a National Park described in Schedule I;
1974, c. 11	An Act to amend the National Parks Act
1988, c. 48, s. 17	33. (1) Subsection 10(2) of An Act to amend the National Parks Act, being chapter 11 of the Statutes of Canada, 1974, as enacted by section 17 of An Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, being chapter 48 of the Statutes of Canada, 1988, is repealed.
1988, c. 48, s. 17	(2) Paragraph 10(3)(b) of the said chapter 11, as enacted by section 17 of the said chapter 48, is replaced by the following:
	(b) the government of the province in which the lands are situated has agreed that they are suitable for a National Park; and
	CONDITIONAL AMENDMENTS
Bill C-29	34. (1) If Bill C-29, introduced in the first session of the thirty-sixth Parliament and entitled An Act to establish the Parks Canada Agency and to amend other Acts as a consequence, is assented to, then, on the later of the coming into force of section 2 of that Act and the coming into force of this Act,
	(a) paragraph (a) of the definition ``other protected heritage areas'' in subsection 2(1) of that Act is replaced by the following:
	(a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;
	(b) subsection 2(1) of that Act is amended by adding the following in alphabetical order:
``marine conservation area'' « aire marine de conserva- tion »	``marine conservation area'' means a marine conservation area as defined in section 2 of the Marine Conservation Areas Act.
	(c) subsection 5(1) of that 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, 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.
	(d) subsection 6(1) of that Act is replaced by the following:
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, marine conservation areas, other protected heritage areas and heritage protection programs.
	(e) subsection 6(3) of that Act is replaced by the following:
New protected heritage areas	(3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, marine conservation areas and other protected heritage areas and the acquisition of national historic sites.
	(f) section 7 of that 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, marine conservation areas or other protected heritage areas or heritage protection programs.
	(g) paragraphs 21(3)(b) to (d) of that Act are replaced by the following:
	(b) to acquire any real property or immovables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site, marine conservation area or other protected heritage area that has not yet attained full operational status;
	(c) to develop or maintain any national park, national historic site, marine conservation area or other protected heritage area that has not yet attained full operational status, and to make any related contribution or other payment;
	(d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site, marine conservation area or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act, and to make any related contribution or other payment; and
	(h) subsection 21(4) of that Act is replaced by the following:
Determi- nation 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, marine conservation area or other protected heritage area has attained full operational status for the purposes of paragraphs (3)(b) and (c).
	(i) section 31 of that 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, 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.
	(j) subsection 32(1) of that Act is replaced by the following:
Management plans	32. (1) In addition to the duties in relation to management plans for parks under the National Parks Act and for marine conservation areas under the 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 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 integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament.
	(k) Part 1 of the schedule to that Act is amended by adding the following in alphabetical order:
	Marine Conservation Areas Act
	Loi sur les aires marines de conservation
Bill C-29	(2) If Bill C-29, introduced in the first session of the thirty-sixth Parliament and entitled An Act to establish the Parks Canada Agency and to amend other Acts as a consequence, is assented to, then, on the later of the coming into force of section 55 of that Act and the coming into force of this Act,
	(a) the definition ``superintendent'' in section 2 of this Act is replaced by the following:
``superin- tendent'' « direc- teur »	``superintendent'' means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person's behalf.
	(b) the portion of section 18 of this Act before paragraph (a) is replaced by the following:
Designation of marine conservation area wardens	18. The Minister may designate marine conservation area wardens or other persons appointed under the Parks Canada Agency Act, whose duties include the enforcement of this Act, for the purposes of
Bill C-32	35. If Bill C-32, introduced in the first session of the thirty-sixth Parliament and entitled An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development, is assented to, then, on the later of the coming into force of section 122 of that Act and the coming into force of this Act,
	(a) the definition ``dump'' in section 2 of the English version of this Act is repealed;
	(b) the definition ``immersion'' in section 2 of the French version of this Act is replaced by the following:
« immersion » ``dispose''	« immersion » S'entend au sens de la définition de ce terme à l'article 2 de la Loi canadienne sur la protection de l'environnement (1998), la mention dans cette définition de mer valant mention d'aire marine de conservation.
	(c) section 2 of this Act is amended by adding the following in alphabetical order:
``waste or other matter'' « déchets ou autres matières »	``waste or other matter'' means waste or other matter identified in Schedule 5 to the Canadian Environmental Protection Act, 1998.
	(d) section 2 of the English version of this Act is amended by adding the following in alphabetical order:
``dispose'' « immersion »	``dispose'' has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1998, as if references in that section to the sea were references to marine conservation areas.
	(e) section 14 of this Act is replaced by the following:
Disposal in waters	14. (1) No person shall dispose of any substance in the waters of a marine conservation area except as authorized by a permit issued by a superintendent pursuant to this Act or, in the case of waters to which subsection 125(1) of the Canadian Environmental Protection Act, 1998 applies, authorized by section 130 of that Act or by a permit issued by the Minister of the Environment pursuant to section 127 or 128 of that Act.
Permits under CEPA	(2) No permit may be issued under section 127 or 128 of the Canadian Environmental Protection Act, 1998 for disposal in the waters of a marine conservation area except with the concurrence of the Minister.
	(f) paragraph 16(1)(l) of this Act is replaced by the following:
	(l) authorizing the disposal of waste or other matter by persons holding permits for that purpose, in the manner and to the extent specified in the regulations, in waters of a marine conservation area to which subsection 125(1) of the Canadian Environmental Protection Act, 1998 does not apply; and
	(g) subsection 29(4) of this Act is replaced by the following:
	(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, 1998, to prevent or mitigate the same degradation or injury.
	SCHEDULE 1
	(Sections 2 and 5)
	MARINE CONSERVATION AREAS
	SCHEDULE 2
	(Sections 2 and 6)