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Bill C-10

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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, 1999, 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

2000, c. 32

Canada National Parks Act

31. The definitions ``park'' and ``park reserve'' in subsection 2(1) of the Canada National Parks Act are replaced by the following:

``park''
« parc »

``park'' means a national park of Canada named and described in Schedule 1.

``park reserve''
« réserve »

``park reserve'' means a national park reserve of Canada named and described in Schedule 2.

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:

    e) les parcs nationaux, les lieux et monuments historiques nationaux, les canaux historiques, les champs de bataille nationaux, les aires marines nationales de conservation, les gares ferroviaires et les édifices fédéraux patrimoniaux;

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:

    (a) to protect the nationally significant examples of Canada's natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation,

(2) Paragraph (d) of the preamble to the Act is replaced by the following:

    (d) to include representative examples of Canada's land and marine natural regions in the systems of national parks and national marine conservation areas,

(3) Paragraph (h) of the preamble to the Act is replaced by the following:

    (h) to ensure the ecologically sustainable use of national marine conservation areas,

34. (1) Paragraph (a) of the definition ``other protected heritage areas'' in subsection 2(1) of the Act is replaced by the following:

      (a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act;

(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:

    (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, national 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, national 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, national 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

(2) Subsection 21(4) of the Act is replaced by the following:

Determina-
tion 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

    Loi sur les aires marines nationales de conservation du Canada

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