Saguenay-St. Lawrence Marine Park Act (S.C. 1997, c. 37)

Act current to 2017-10-13 and last amended on 2015-02-26. Previous Versions

Marginal note:Contraventions Act
  •  (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.

  • Marginal note:Limitations regarding designations

    (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

  • 2009, c. 14, s. 109.
Marginal note:Certificate of designation and oath
  •  (1) Every park warden, enforcement officer and person designated under section 13.1 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.

  • Marginal note:Limitations must be specified

    (2) The certificate must specify the limitations, if any, to which the designation is subject.

  • 2009, c. 14, s. 109.
Marginal note:Right of passage

 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

  • 1997, c. 37, s. 14;
  • 2009, c. 14, s. 109.
Marginal note:Immunity

 Park wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.

  • 2009, c. 14, s. 109.

Harmonization Committee

Marginal note:Establishment of committee
  •  (1) A harmonization committee, made up of representatives of the Minister and the Quebec minister, is hereby established for the purposes of ensuring harmonization and implementing the activities and programs of the Government of Canada and the Government of Quebec with respect to the park, in particular with respect to the protection of ecosystems, planning, management, issuance of permits and other authorizations, consultation, the programming of activities, communications and the ways in which infrastructures, installations and equipment are to be shared.

  • Marginal note:Regulations

    (2) The harmonization committee also is to harmonize draft regulations to be made under this Act and draft regulations that are to be made under the law of the Province of Quebec that creates the Saguenay-St. Lawrence Marine Park.

  • Marginal note:Representatives of the Minister

    (3) The Minister shall name his or her representative or representatives on the harmonization committee.

Coordinating Committee

Marginal note:Coordinating committee
  •  (1) A coordinating committee is hereby established to make recommendations to the Minister and the Quebec minister on the measures to be taken in order to carry out the objectives of the management plan.

  • Marginal note:Composition

    (2) The Minister, in cooperation with the Quebec minister, shall decide on the composition of the coordinating committee.

  • Marginal note:Representatives of the Minister

    (3) The Minister shall name his or her representative or representatives on the coordinating committee.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) for the protection, control and management of the park;

  • (b) for the protection of ecosystems, and any elements of ecosystems, in the park;

  • (c) for the protection of the cultural resources submerged in the park;

  • (d) for public protection, health and safety inside the park;

  • (e) setting out the characteristics of each type of zone in the park;

  • (f) setting out the terms and conditions under which each type of zone may be used, the boundaries of each type of zone and any time limits respecting zones;

  • (g) determining the conditions under which various activities may be undertaken in each type of zone in the park;

  • (h) determining the activities that are prohibited in the park;

  • (i) for the closing of park zones or for prohibiting activities in those zones;

  • (j) authorizing the superintendent to prohibit or restrict activities that may be undertaken in park zones under paragraph (g) or to close park zones or prohibit access to those zones, despite any regulation made under this section, in order to protect park ecosystems and elements of park ecosystems;

  • (k) for the issuance, renewal, revocation and suspension of permits and other authorizing instruments required to carry on any activity under this Act or the regulations, and any conditions of those permits and instruments;

  • (l) for the determination of charges for the permits or other authorizing instruments required to carry on any activity under this Act or the regulations;

  • (m) for limiting the number of persons who may hold the permits and authorizations at any one time;

  • (m.1) designating provisions of the regulations for the purpose of subsection 20(1);

  • (n) prescribing offences in respect of which section 23 applies and the manner in which they may be described in tickets;

  • (o) prescribing the amount of the fine for offences in respect of which section 23 applies, which amount shall not exceed $2,000;

  • (p) determining the conditions under which aircraft may take off, fly over and land within park boundaries; and

  • (q) in respect of any other matters that are necessary for carrying out the purposes of this Act.

  • 1997, c. 37, s. 17;
  • 2009, c. 14, s. 110;
  • 2015, c. 3, s. 151(F).

Arrest, Search and Seizure

Marginal note:Arrest without warrant

 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

  • (a) whom the warden or officer finds committing an offence under this Act; or

  • (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

  • 1997, c. 37, s. 18;
  • 2009, c. 14, s. 111.
Marginal note:Search and seizure
  •  (1) A park warden or enforcement officer may

    • (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

    • (b) seize anything that they believe on reasonable grounds is or has been possessed or used in connection with an offence under this Act.

  • Marginal note:Authority to issue warrant

    (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, whether in or outside the park,

    • (a) an animal, bird or fish, or any part or egg of an animal, bird or fish, or a firearm, trap or other device for destroying or capturing animals, birds or fish, in respect of which there are reasonable grounds to believe an offence under this Act has been committed, or

    • (b) anything that there are reasonable grounds to believe will provide evidence with respect to an offence under this Act involving a thing referred to in paragraph (a),

    the justice of the peace may issue a warrant authorizing the 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.

  • Marginal note:When warrant not necessary

    (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.

  • 1997, c. 37, s. 19;
  • 2009, c. 14, s. 112.
 
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