Canada National Parks Act

Version of section 15 from 2003-01-01 to 2009-06-17:

Marginal note:Disposition of public lands
  •  (1) The Minister may

    • (a) enter into leases of, and easements or servitudes over, public lands in a park that are used for

      • (i) the right-of-way of an existing railway line or the site of a railway station,

      • (ii) the right-of-way of an existing oil or gas pipeline or the site of a tank, reservoir, pump, rack, loading facility or other installation connected with such a pipeline, or

      • (iii) the right-of-way of an existing telecommunication or electrical transmission line or the site of an exchange, office, substation or other installation connected with such a transmission line;

    • (b) enter into leases of, and easements or servitudes over, public lands in a park that are required for any alteration to or deviation from a right-of-way referred to in paragraph (a) or for the relocation of any station or installation referred to in that paragraph; or

    • (c) enter into leases or licences of occupation of, and easements or servitudes over, public lands in a park for the installation and operation of radio and television repeater stations, microwave towers, weather and telemetry stations and cosmic ray and other scientific monitoring stations.

  • Marginal note:Use of lands

    (2) Public lands in a park in which a right or interest is held for any purpose under this section remain part of the park and, if those lands cease to be used for that purpose, the right or interest reverts to the Crown.

  • Marginal note:Termination, etc.

    (3) The Minister may terminate, or accept the surrender or resiliation of, a lease of public lands in a park and may terminate, or accept the relinquishment of, a licence of occupation of such lands or an easement or servitude over such lands.

  • Marginal note:Expropriation if interests

    (4) The Expropriation Act applies in respect of the taking or acquisition of an interest in public lands in a park for the purposes of this Act where the holder of the interest does not consent and there is no cause for termination under subsection (3).

  • Marginal note:Meaning of terms

    (5) For the purposes of subsection (4), the Minister is deemed to be a minister referred to in paragraph (b) of the definition Minister in section 2 of that Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act.

  • Marginal note:No other expropriation

    (6) Notwithstanding the Expropriation Act, Her Majesty in right of Canada may not acquire any interest in land by expropriation for the purpose of enlarging a park or establishing a new park.

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