Bill C-565

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First Reading

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2nd Session, 41st Parliament,

62 Elizabeth II, 2013

house of commons of canada

BILL C-565

An Act to amend the National Capital Act (Gatineau Park) and to make a related amendment to the Department of Canadian Heritage Act

Whereas, long before the arrival of Europeans in America, the Gatineau Hills were frequented by nomadic Algonquins, who hunted, fished and gathered wild berries in the area;

Whereas, Gatineau Park is home to a diversity of natural ecosystems representative of the country as a whole, as well as a number of plant and animal species at risk;

Whereas the Parliament of Canada should recognize the importance of preserving its biodiversity and allowing natural processes to take precedence there;

Whereas Gatineau Park is a regional and national treasure and must therefore be managed in a way that promotes the conservation of ecosystems, enhancement of its heritage resources and practice of recreational activities respectful of the environment and be acknowledged and defined as such;

Whereas the Parliament of Canada should take the necessary measures to ensure the protection and preservation of Gatineau Park for the benefit of current and future generations;

Whereas Canadians are deeply attached to nature and their cultural heritage;

Whereas urban development exerts pressure on the Park that justifies the measures contained in this Act;

Whereas Gatineau Park is the only major federal park from which lands can be removed without review and approval by Parliament;

Whereas Gatineau Park is the only major federal park that is not protected by the Canada National Parks Act and whose boundaries are not set or governed by any federal act;

Whereas it costs less to protect a natural area such as Gatineau Park than to rebuild it;

And whereas the National Capital Commission, in its Gatineau Park Master Plan in 1990 and 2005, stressed the need for legislation to protect the Park’s boundaries;

Now, therefore, 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-4

NATIONAL CAPITAL ACT

1. (1) The definition “National Capital Region” in section 2 of the National Capital Act is replaced by the following:

“National Capital Region”
« région de la capitale nationale »

“National Capital Region” means the seat of the Government of Canada and its surrounding area, more particularly described in Schedule 1;

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

“Gatineau Park”
« parc de la Gatineau »

“Gatineau Park” means the conservation park situated in the National Capital Region and established by subsection 10.2(1).

2. Subsection 10(1) of the Act is replaced by the following:

Objects and purposes of Commission

10. (1) The objects and purposes of the Commission are to

(a) prepare plans for and assist in the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance;

(b) protect Gatineau Park’s natural biodiversity, as well as its underlying ecological structure and environmental processes, and to promote education and leisure activities within the Park; and

3. The Act is amended by adding the following after section 10:

OBJECTIVES

Objectives

10.1 (1) In relation to Gatineau Park, the Commission, in cooperation with the local authorities or other appropriate authorities, pursues the following objectives:

(a) manage the area in order to preserve, in as natural a state as possible, representative examples of physiographic regions, biotic communities, genetic resources and natural processes;

(b) maintain viable and ecologically functional populations and assemblages of native species at densities sufficient to preserve the long-term integrity and resilience of the ecosystem;

(c) contribute in particular to the conservation of wide-ranging species, regional ecolog- ical processes and migration routes;

(d) manage visits, be they for spiritual, educational, cultural or recreational purposes, so that they cause no significant biological or ecological degradation of the natural resources;

(e) take into account the needs of the Aboriginal populations and local communities, including the use of subsistence resources, insofar as they do not negatively affect the mission of the Commission as it relates to the Park; and

(f) contribute to the local economy through tourism.

Property rights attached to real property

(2) The Commission may not, in pursuing its objectives, infringe upon the property rights attached to any real property unless that real property is public lands located within Gatineau Park.

CREATION OF GATINEAU PARK

Park established

10.2 (1) There is established a park named Gatineau Park, the boundaries of which are set out in Schedule 2.

Park dedicated to public

(2) Gatineau Park is dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and it is to be maintained and made use of so as to leave it unimpaired for the enjoyment of future generations.

4. Section 12.1 of the Act is amended by adding the following after subsection (2):

Prohibition — Gatineau Park

(3) It is prohibited to sell public lands in Gatineau Park.

5. Section 15 of the Act is amended by adding the following after subsection (1):

Gatineau Park

(1.1) Paragraph (1)(a) does not apply to the acquisition of real property situated in Gatineau Park.

6. The Act is amended by adding the following after section 15:

Modification of Park boundaries

15.1 Despite section 15, the Commission must not modify Gatineau Park’s boundaries as described in Schedule 2 or reduce its area.

7. The schedule to the Act is renumbered as Schedule 1.

8. The Act is amended by adding, after Schedule 1, the schedule set out in the schedule to this Act.

1995, c. 11

RELATED AMENDMENT TO THE DEPARTMENT OF CANADIAN HERITAGE ACT

9. Paragraph 4(2)(k.1) of the Department of Canadian Heritage Act is replaced by the following:

(k.1) the organization, sponsorship and promotion of public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, and in Gatineau Park, that will enrich the cultural and social fabric of Canada, taking into account the federal character of Canada, the equality of status of the official languages of Canada and the heritage of the people of Canada; and