Bill C-27
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REGULATIONS |
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Regulations
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16. (1) The Governor in Council may make
regulations respecting
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Roads and
other
improvements
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(2) The establishment or use of any
improvement referred to in paragraph (1)(j)
does not operate to withdraw lands from a
park.
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Powers of
superinten- dents
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(3) Regulations made under this section
may authorize the superintendent of a park, in
the circumstances and subject to the limits that
may be specified in the regulations,
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No new
establish- ments
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(4) No lease, licence of occupation,
easement or servitude may be issued or
amended pursuant to regulations made under
subparagraph (1)(g)(iii) for the purpose of the
establishment of a new park community,
resort subdivision, school, church or hospital.
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Resource
harvesting in
certain parks
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17. (1) The Governor in Council may make
regulations respecting the exercise of
traditional renewable resource harvesting
activities in
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Land claims
agreements
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(2) Where an agreement for the settlement
of an aboriginal land claim that is given effect
by an Act of Parliament makes provision for
traditional renewable resource harvesting
activities or stone removal activities for
carving purposes within any area of a park, or
where aboriginal people have existing
aboriginal or treaty rights to traditional
renewable resource harvesting activities
within any area of a park, the Governor in
Council may make regulations respecting the
carrying on of those activities in that area.
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Regulations
respecting
resource
harvesting
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(3) Regulations made under subsection (1)
or (2) may
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Removal of
carving stone
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(4) In regulations made under subsection
(2), subsection (3) may be applied to the
removal of stone for carving purposes.
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Variations by
superinten- dent
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(5) Regulations made under this section
may authorize the superintendent of a park, in
the circumstances described and to the extent
provided in the regulations, to vary any
requirement of the regulations for purposes of
public safety or the conservation of natural
resources in the park.
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ENFORCEMENT |
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Designation
of park
wardens
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18. The Minister may designate persons
appointed under the Parks Canada Agency
Act, whose duties include the enforcement of
this Act, to be park wardens for the
enforcement of this Act and the regulations in
any part of Canada and for the preservation
and maintenance of the public peace in parks,
and for those purposes park wardens are peace
officers within the meaning of the Criminal
Code.
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Designation
of
enforcement
officers
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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, 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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Certificate of
designation
and oath
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20. (1) Every park warden and enforcement
officer shall be provided with a certificate of
designation in a form approved by the
Minister and shall take and subscribe an oath
prescribed by the Minister.
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Limitation of
powers
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(2) A certificate of designation provided to
an enforcement officer shall specify the
provisions of this Act or the regulations that
the enforcement officer has the power to
enforce and the parks in which that power
applies.
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Crossing
private
property
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(3) In the discharge of their duties, park
wardens, enforcement officers and persons
accompanying them may enter on and pass
through or over private property.
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Arrest by
warden or
officer
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21. (1) A park warden or enforcement
officer may, in accordance with and subject to
the Criminal Code, arrest without warrant
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Arrest by
warden
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(2) A park warden may, in accordance with
and subject to the Criminal Code, arrest
without warrant any person whom the warden
finds committing an offence under any other
Act in a park.
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Search and
seizure
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22. (1) A park warden or enforcement
officer may
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Authority to
issue warrant
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(2) If a justice of the peace, on ex parte
application, is satisfied by information on oath
that there are reasonable grounds to believe
that there is in any place, including any
building or any vehicle, vessel or other
conveyance, or in any package or receptacle,
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the justice of the peace may issue a warrant
authorizing a park warden or enforcement
officer named in the warrant to enter and
search the place or to open and examine the
package or receptacle, subject to any
conditions specified in the warrant.
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Where
warrant not
necessary
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(3) A park warden or enforcement officer
may exercise any powers under subsection (1)
without a warrant if the conditions for
obtaining a warrant exist but by reason of
exigent circumstances it would not be
practical to obtain one.
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Custody of
things seized
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23. (1) Subject to subsections (2) and (3)
and sections 28 and 29, where a park warden
or enforcement officer seizes a thing under
this Act or under a warrant issued pursuant to
the Criminal Code,
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Forfeiture
where
ownership not
ascertainable
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(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.
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Perishable
things
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(3) If a seized thing is perishable, the park
warden or enforcement officer may dispose of
it or destroy it, and any proceeds of its
disposition shall be paid to the lawful owner or
person lawfully entitled to possession of the
thing, unless proceedings under this Act are
commenced within 90 days after its seizure, or
shall be retained by the warden or officer
pending the outcome of those proceedings.
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